[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 1999 Edition]
[From the U.S. Government Printing Office]


          50



          Wildlife and Fisheries



[[Page i]]

          PARTS 1 TO 199

                         Revised as of October 1, 1999

          CONTAINING
          A CODIFICATION OF DOCUMENTS
          OF GENERAL APPLICABILITY
          AND FUTURE EFFECT

          AS OF OCTOBER 1, 1999
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

          as a Special Edition of
          the Federal Register



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                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 1999



               For sale by U.S. Government Printing Office
 Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328



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                            Table of Contents



                                                                    Page
  Explanation.................................................       v

  Title 50:

          Chapter I--United States Fish and Wildlife Service, 
          Department of the Interior..........................       3

  Finding Aids:

      Material Approved for Incorporation by Reference........     855

      Table of CFR Titles and Chapters........................     857

      Alphabetical List of Agencies Appearing in the CFR......     875

      List of CFR Sections Affected...........................     885



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                     ----------------------------

                     Cite this Code:  CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus,  50 CFR 1.1 refers 
                       to title 50, part 1, 
                       section 1.

                     ----------------------------

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                               EXPLANATION

    The Code of Federal Regulations is a codification of the general and 
permanent rules published in the Federal Register by the Executive 
departments and agencies of the Federal Government. The Code is divided 
into 50 titles which represent broad areas subject to Federal 
regulation. Each title is divided into chapters which usually bear the 
name of the issuing agency. Each chapter is further subdivided into 
parts covering specific regulatory areas.
    Each volume of the Code is revised at least once each calendar year 
and issued on a quarterly basis approximately as follows:

Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1

    The appropriate revision date is printed on the cover of each 
volume.

LEGAL STATUS

    The contents of the Federal Register are required to be judicially 
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie 
evidence of the text of the original documents (44 U.S.C. 1510).

HOW TO USE THE CODE OF FEDERAL REGULATIONS

    The Code of Federal Regulations is kept up to date by the individual 
issues of the Federal Register. These two publications must be used 
together to determine the latest version of any given rule.
    To determine whether a Code volume has been amended since its 
revision date (in this case, October 1, 1999), consult the ``List of CFR 
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative 
List of Parts Affected,'' which appears in the Reader Aids section of 
the daily Federal Register. These two lists will identify the Federal 
Register page number of the latest amendment of any given rule.

EFFECTIVE AND EXPIRATION DATES

    Each volume of the Code contains amendments published in the Federal 
Register since the last revision of that volume of the Code. Source 
citations for the regulations are referred to by volume number and page 
number of the Federal Register and date of publication. Publication 
dates and effective dates are usually not the same and care must be 
exercised by the user in determining the actual effective date. In 
instances where the effective date is beyond the cut-off date for the 
Code a note has been inserted to reflect the future effective date. In 
those instances where a regulation published in the Federal Register 
states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For 
the period beginning January 1, 1986, a ``List of CFR Sections 
Affected'' is published at the end of each CFR volume.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call (202) 523-4534.

CFR INDEXES AND TABULAR GUIDES

    A subject index to the Code of Federal Regulations is contained in a 
separate volume, revised annually as of January 1, entitled CFR Index 
and Finding Aids. This volume contains the Parallel Table of Statutory 
Authorities and Agency Rules. A list of CFR titles, chapters, and parts 
and an alphabetical list of agencies publishing in the CFR are also 
included in this volume.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.
    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
the daily Federal Register.
    A List of CFR Sections Affected (LSA) is published monthly, keyed to 
the revision dates of the 50 CFR titles.

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REPUBLICATION OF MATERIAL

    There are no restrictions on the republication of material appearing 
in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
volume, contact the issuing agency. The issuing agency's name appears at 
the top of odd-numbered pages.
    For inquiries concerning CFR reference assistance, call 202-523-5227 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408.

SALES

    The Government Printing Office (GPO) processes all sales and 
distribution of the CFR. For payment by credit card, call 202-512-1800, 
M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2233, 24 hours 
a day. For payment by check, write to the Superintendent of Documents, 
Attn: New Orders, P.O. Box 371954, Pittsburgh, PA 15250-7954. For GPO 
Customer Service call 202-512-1803.

ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, The United States 
Government Manual, the Federal Register, Public Laws, Weekly Compilation 
of Presidential Documents and the Privacy Act Compilation are available 
in electronic format at www.access.gpo.gov/nara (``GPO Access''). For 
more information, contact Electronic Information Dissemination Services, 
U.S. Government Printing Office. Phone 202-512-1530, or 888-293-6498 
(toll-free). E-mail, [email protected].
    The Office of the Federal Register also offers a free service on the 
National Archives and Records Administration's (NARA) World Wide Web 
site for public law numbers, Federal Register finding aids, and related 
information. Connect to NARA's web site at www.nara.gov/fedreg. The NARA 
site also contains links to GPO Access.

                              Raymond A. Mosley,
                                    Director,
                          Office of the Federal Register.

October 1, 1999.



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                               THIS TITLE

    Title 50--Fish and Wildlife is composed of three volumes. The parts 
in these volumes are arranged in the following order: Parts 1-199, parts 
200-599 and part 600 to end. The first volume (parts 1-199) contains the 
current regulations issued under chapter I--United States Fish and 
Wildlife Service, Department of the Interior. The second volume (parts 
200-599) contains the current regulations issued under chapter II--
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; chapter III--International 
Fishing and Related Activities, chapter IV--Joint Regulations (United 
States Fish and Wildlife Service, Department of the Interior and 
National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce); Endangered Species Committee 
regulations; and chapter V--Marine Mammal Commission. The third volume 
(part 600 to end) contains the current regulations issued under chapter 
VI--Fishery Conservation and Management, National Oceanic and 
Atmospheric Administration, Department of Commerce. The contents of 
these volumes represent all current regulations codified under this 
title of the CFR as of October 1, 1999.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in part 17.

    The OMB control numbers for the National Oceanic and Atmospheric 
Administration appear in 15 CFR 902.1.

    For this volume, Cheryl E. Sirofchuck was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Frances D. McDonald, assisted by Alomha S. Morris.

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

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                    TITLE 50--WILDLIFE AND FISHERIES




                   (This book contains parts 1 to 199)

  --------------------------------------------------------------------
                                                                    Part

Chapter I--United States Fish and Wildlife Service, 
  Department of the Interior................................           1

Cross References: Commercial fishing on Red Lake Indian Reservation, 
  Bureau of Indian Affairs: 25 CFR part 242.

  Disposal of certain wild animals in national parks, National Park 
Service: 36 CFR part 10.

  Exchanges of land for migratory bird or other wildlife refuges, Bureau 
of Land Management: 43 CFR 2200.0-1--2272.1.

  Fishing in coastal waters, lakes, rivers, bays, etc., Corps of 
Engineers: 33 CFR part 209.

  Fishing, hunting, trapping, and protection of wildlife in national 
forests and wildlife refuges, Forest Service: 36 CFR part 241, 
Secs. 261.8, 261.9.

  Fishing, hunting, trapping, and protection of wildlife in national 
parks, memorials, recreation areas, etc., National Park Service: 36 CFR 
2.2 and 2.3, and parts 7, 20.

  Fishing and hunting in reservoir areas, Corps of Engineers: 36 CFR 
327.8.

  Free entry of animals, birds and products of American fisheries under 
specified conditions, Customs Service: 19 CFR 10.70--10.83.

  Grazing areas for wildlife maintenance, Bureau of Land Management: 43 
CFR Subpart 4110.

  Making pictures, television production, or sound tracks on areas 
administered by the United States Fish and Wildlife Service or the 
National Park Service: 43 CFR 5.1.

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 CHAPTER I--UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE 
                                INTERIOR




  --------------------------------------------------------------------

                    SUBCHAPTER A--GENERAL PROVISIONS
Part                                                                Page
1               Definitions.................................           5
2               Field organization..........................           5
3               Nondiscrimination--contracts, permits, and 
                    use of facilities.......................           6

   SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, 
       BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS

10              General provisions..........................           8
11              Civil procedures............................          28
12              Seizure and forfeiture procedures...........          31
13              General permit procedures...................          40
14              Importation, exportation, and transportation 
                    of wildlife.............................          50
15              Wild Bird Conservation Act..................          76
16              Injurious wildlife..........................          89
17              Endangered and threatened wildlife and 
                    plants..................................          96
18              Marine mammals..............................         427
19              Airborne hunting............................         454
20              Migratory bird hunting......................         455
21              Migratory bird permits......................         476
22              Eagle permits...............................         500
23              Endangered species convention...............         510
24              Importation and exportation of plants.......         550

            SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM

25              Administrative provisions...................         553
26              Public entry and use........................         558
27              Prohibited acts.............................         564
28              Enforcement, penalty, and procedural 
                    requirements for violations of parts 25, 
                    26, and 27..............................         570

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29              Land use management.........................         572
30              Range and feral animal management...........         583
31              Wildlife species management.................         583
32              Hunting and fishing.........................         584
34              Refuge revenue sharing with counties........         663
35              Wilderness preservation and management......         667
36              Alaska National Wildlife Refuges............         670
37              Geological and geophysical exploration of 
                    the coastal plain, Arctic National 
                    Wildlife Refuge, Alaska.................         695
38              Midway Atoll National Wildlife Refuge.......         717

                        SUBCHAPTER D  [RESERVED]

        SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS

70              National fish hatcheries....................         721
71              Hunting and fishing on national fish 
                    hatchery areas..........................         722

  SUBCHAPTER F--FEDERAL AID TO STATES IN FISH AND WILDLIFE RESTORATION

80              Administrative requirements, Federal Aid in 
                    Fish and Federal Aid in Wildlife 
                    Restoration Acts........................         724
81              Conservation of endangered and threatened 
                    species of fish, wildlife, and plants--
                    cooperation with the States.............         732
82              Administrative procedures for grants-in-aid 
                    (Marine Mammal Protection Act of 1972)..         736
83              Rules implementing the Fish and Wildlife 
                    Conservation Act of 1980................         740
85              Clean Vessel Act Grant Program..............         746

                 SUBCHAPTER G--MISCELLANEOUS PROVISIONS

90              Feeding depredating migratory waterfowl.....         756
91              Migratory bird hunting and conservation 
                    stamp contest...........................         758

                SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS

96-99           [Reserved]
100             Subsistence management regulations for 
                    public lands in Alaska..................         763
101-199         [Reserved]

Appendix A to Chapter I--Codes for the Representation of 
  Names of Countries (Established by the International 
  Organization for Standardization).........................         851

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                    SUBCHAPTER A--GENERAL PROVISIONS





PART 1--DEFINITIONS--Table of Contents




Sec.
1.1  Meaning of terms.
1.2  Authorized representative.
1.3  Service.
1.4  Director.
1.5  Officer in Charge.
1.6  Person.
1.7  Regional director.
1.8  Secretary.

    Authority: 5 U.S.C. 301.

    Source: 31 FR 16002, Dec. 15, 1966, unless otherwise noted.



Sec. 1.1   Meaning of terms.

    As used in this chapter, unless separately defined, terms shall have 
the meaning ascribed in this part.



Sec. 1.2   Authorized representative.

    Authorized representative means the subordinate official to which a 
principal official has delegated authority to act on a particular matter 
or a class of matters. The Director, U.S. Fish and Wildlife Service is 
frequently the authorized representative of the Secretary of the 
Interior, as also may be a regional director or an officer in charge of 
a Service field installation.



Sec. 1.3   Service.

    Service means the United States Fish and Wildlife Service, 
Department of the Interior.



Sec. 1.4  Director.

    Director means the Director, U.S. Fish and Wildlife Service or the 
authorized representative of such official.

[48 FR 44833, Sept. 30, 1983]



Sec. 1.5  Officer in Charge.

    Officer in Charge means any person in charge of a national fish 
hatchery, national wildlife refuge, research center, or other U.S. Fish 
and Wildlife Service installation, or the authorized representative of 
such official.

[48 FR 44833, Sept. 30, 1983]



Sec. 1.6   Person.

    Person means an individual, club, association, partnership, 
corporation, or private or public body, any one or all, as the context 
requires.



Sec. 1.7  Regional director.

    Regional director means the official in charge of a region of the 
U.S. Fish and Wildlife Service or the authorized representative of such 
official.

[48 FR 44833, Sept. 30, 1983]



Sec. 1.8  Secretary.

    Secretary means the Secretary of the Interior or the authorized 
representative of such official.

[48 FR 44833, Sept. 30, 1983]



PART 2--FIELD ORGANIZATION--Table of Contents




Sec.
2.1  Regional offices.
2.2  Locations of regional offices.

    Authority: 5 U.S.C. 301.



Sec. 2.1  Regional offices.

    The program operations of the U.S. Fish and Wildlife Service are 
performed at various types of field installations, such as ecological 
services stations, endangered species stations, fishery assistance 
offices, national fish hatcheries, national wildlife refuges, research 
laboratories and wildlife assistance offices. Generally, field 
installations are responsible to the regional director who has 
jurisdiction over Service activities in the State(s) encompassed by the 
region. Unless otherwise stated for a particular matter in the 
regulations, all persons may secure from the regional offices 
information or make submittals or requests, as well as obtain forms and 
instructions as to the scope and contents of papers or reports required 
of the public.

[48 FR 44833, Sept. 30, 1983]



Sec. 2.2  Locations of regional offices.

    The geographic jurisdictions and addresses of the U.S. Fish and 
Wildlife regional offices are as follows:
    (a) Portland Regional Office (Region 1--comprising the States of 
California, Hawaii, Idaho, Nevada, Oregon, and Washington; the 
Commonwealth of the

[[Page 6]]

Northern Mariana Islands; and American Samoa, Guam and other Pacific 
possessions), Eastside Federal Complex, 911 N.E. 11th Avenue, Portland, 
Oregon 97232.
    (b) Albuquerque Regional Office (Region 2--comprising the States of 
Arizona, New Mexico, Oklahoma and Texas), 500 Gold Avenue, SW, Room 9018 
(P.O. Box 1306), Albuquerque, New Mexico 87103.
    (c) Twin Cities Regional Office (Region 3--comprising the States of 
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio and 
Wisconsin), One Federal Drive, Bishop Henry Whipple Federal Building, 
Fort Snelling, MN 55111.
    (d) Atlanta Regional Office (Region 4--comprising the States of 
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, 
North Carolina, South Carolina and Tennessee; the Commonwealth of Puerto 
Rico; and the Virgin Islands and Caribbean possessions), 1875 Century 
Center Boulevard, Suite 200, Atlanta, Georgia 30345.
    (e) Hadley Regional Office (Region 5--comprising the States of 
Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, 
New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and 
West Virginia; and the District of Columbia), 300 Westgate Center Drive, 
Hadley, Massachusetts 01035.
    (f) Denver Regional Office (Region 6--comprising the States of 
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah 
and Wyoming), 134 Union Boulevard (P.O. Box 25486), Denver Federal 
Center, Denver, Colorado 80225.
    (g) Alaska Regional Office (Region 7--comprising the State of 
Alaska), 1011 E. Tudor Road, Anchorage, Alaska 99503.

[48 FR 44833, Sept. 30, 1983, as amended at 60 FR 40302, Aug. 8, 1995; 
63 FR 52633, Oct. 1, 1998]



PART 3--NONDISCRIMINATION--CONTRACTS, PERMITS, AND USE OF FACILITIES--Table of Contents




Sec.
3.1  Discrimination prohibited.
3.2  Federal financial assistance.
3.3  Discrimination by contractors and permittees prohibited.

    Authority: 5 U.S.C. 301. Interpret or apply sec. 602, 78 Stat. 252; 
42 U.S.C. 2000d-1; E.O. 10925, E.O. 11114.

    Source: 31 FR 16002, Dec. 15, 1966, unless otherwise noted.



Sec. 3.1  Discrimination prohibited.

    No person shall, on the ground of race, color, creed, or national 
origin, be excluded from participation in, be denied the benefits of, or 
be otherwise subjected to any form of discrimination or segregation 
under any program or activity, or in the use of any facility or 
accommodation of the Service.



Sec. 3.2  Federal financial assistance.

    The provisions of 43 CFR part 17, which implements title VI of the 
Civil Rights Act of 1964, are applicable to any program or activity for 
which Federal financial assistance is provided under any law 
administered by the Service, including the programs and activities that 
are federally assisted under the laws listed in Appendix A of 43 CFR 
part 17.



Sec. 3.3  Discrimination by contractors and permittees prohibited.

    The provisions of part III of Executive Order 10925 (3 CFR, 1959-
1963 Comp. p. 448) and the provisions of Executive Order 11114 (3 CFR, 
1959-1963 Comp. p. 774), as they may be amended, and the regulations of 
the President's Council on Equal Opportunity, the President's Committee 
on Equal Employment Opportunity, contained in 41 CFR part 60, and the 
Equal Employment Opportunity Commission are applicable to all 
agreements, or modifications thereof, between the Service and any person 
for supplies, services or facilities, or for the use of any Government 
property, services or facilities.
    (a) Any person who provides public accommodations, facilities, 
services, or privileges upon any land under the control or 
administration of the Service through a permit, contract, concession 
contract, or other form of agreement with the Service is prohibited from 
discriminating by segregation or otherwise against any person because of 
race, color, creed, or national origin in the furnishing or refusing to 
furnish

[[Page 7]]

such person any accommodation, facility, service, or privilege which is 
offered to or enjoyed by the general public, and will agree to abide by 
the prohibitions against discrimination contained in the permit, 
contract, or agreement.
    (b) Any person who uses, occupies, or possesses any land under the 
administration or control of the Service through a permit, contract, 
concession contract, or other form of agreement with the Bureau is 
prohibited, in conjunction with the acts or activities authorized or 
permitted by such permit, contract, or agreement, from discriminating 
against any employee or applicant for employment or maintaining any 
employment practice which discriminates in any manner because of race, 
color, creed, or national origin, and will agree to abide by the 
prohibitions against discrimination contained in the permit, contract, 
or agreement.

[[Page 8]]



   SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, 
       BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS





PART 10--GENERAL PROVISIONS--Table of Contents




                         Subpart A--Introduction

Sec.
10.1  Purpose of regulations.
10.2  Scope of regulations.
10.3  Other applicable laws.
10.4  When regulations apply.

                         Subpart B--Definitions

10.11  Scope of definitions.
10.12  Definitions.
10.13  List of Migratory Birds.

                          Subpart C--Addresses

10.21  Director.
10.22  Law enforcement offices.

    Authority: 18 U.S.C. 42; 16 U.S.C. 703-712; 16 U.S.C. 668a-d; 19 
U.S.C. 1202, 16 U.S.C. 1531-1543; 16 U.S.C. 1361-1384, 1401-1407; 16 
U.S.C. 742a-742j-l; 16 U.S.C. 3371-3378.

    Source: 38 FR 22015, Aug. 15, 1973, unless otherwise noted.



                         Subpart A--Introduction



Sec. 10.1  Purpose of regulations.

    The regulations of this Subchapter B are promulgated to implement 
the following statutes enforced by the U.S. Fish and Wildlife Service 
which regulate the taking, possession, transportation, sale, purchase, 
barter, exportation, and importation of wildlife:

Lacey Act, 18 U.S.C. 42.
Lacey Act Amendments of 1981, 16 U.S.C. 3371-3378.
Migratory Bird Treaty Act, 16 U.S.C. 703-712.
Bald and Golden Eagle Protection Act, 16 U.S.C. 668a-668d.
Endangered Species Act of 1973, 16 U.S.C. 1531-1543.
Tariff Classification Act of 1962, 19 U.S.C. 1202, [Schedule 1, Part 
15D, Headnote 2(d), T.S.U.S.].
Fish and Wildlife Act of 1956, 16 U.S.C. 742a-742j-l.
Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384, 1401-1407.

[38 FR 22015, Aug. 15, 1973, as amended at 53 FR 6649, Mar. 2, 1988]



Sec. 10.2  Scope of regulations.

    The various parts of this subchapter B are interrelated, and 
particular note should be taken that the parts must be construed with 
reference to each other.



Sec. 10.3  Other applicable laws.

    No statute or regulation of any State shall be construed to relieve 
a person from the restrictions, conditions, and requirements contained 
in this subchapter B. In addition, nothing in this subchapter B, nor any 
permit issued under this subchapter B, shall be construed to relieve a 
person from any other requirements imposed by a statute or regulation of 
any State or of the United States, including any applicable health, 
quarantine, agricultural, or customs laws or regulations, or other 
Service enforced statutes or regulations.



Sec. 10.4  When regulations apply.

    The regulations of this subchapter B shall apply to all matters 
arising after the effective date of such regulations, with the following 
exceptions:
    (a) Civil penalty proceedings. Except as otherwise provided in 
Sec. 11.25, the civil penalty assessment procedures contained in this 
subchapter B shall apply only to any proceeding instituted by notice of 
violation dated subsequent to the effective date of these regulations, 
regardless of when the act or omission which is the basis of a civil 
penalty proceeding occurred.
    (b) Permits. The regulations in this subchapter B shall apply to any 
permit application received after the effective date of the appropriate 
regulations in this subchapter B and, insofar as appropriate, to any 
permit which is renewed after such effective date.

[38 FR 22015, Aug. 15, 1973, as amended at 39 FR 1159, Jan. 4, 1974]

[[Page 9]]



                         Subpart B--Definitions



Sec. 10.11  Scope of definitions.

    In addition and subject to definitions contained in applicable 
statutes and subsequent parts or sections of this subchapter B, words or 
their variants shall have the meanings ascribed in this subpart. 
Throughout this subchapter B words in the singular form shall include 
the plural, words in the plural form shall include the singular, and 
words in the masculine form shall include the feminine.



Sec. 10.12  Definitions.

    Aircraft means any contrivance used for flight in the air.
    Amphibians means a member of the class, Amphibia, including, but not 
limited to, frogs, toads, and salamanders; including any part, product, 
egg, or offspring thereof, or the dead body or parts thereof (excluding 
fossils), whether or not included in a manufactured product or in a 
processed food product.
    Animal means an organism of the animal kingdom, as distinguished 
from the plant kingdom; including any part, product, egg, or offspring 
thereof, or the dead body or parts thereof (excluding fossils), whether 
or not included in a manufactured product or in a processed food 
product.
    Birds means a member of the class, Aves; including any part, 
product, egg, or offspring thereof, or the dead body or parts thereof 
(excluding fossils), whether or not included in a manufactured product 
or in a processed food product.
    Country of exportation means the last country from which the animal 
was exported before importation into the United States.
    Country of origin means the country where the animal was taken from 
the wild, or the country of natal origin of the animal.
    Crustacean means a member of the class, Crustacea, including but not 
limited to, crayfish, lobsters, shrimps, crabs, barnacles, and some 
terrestrial forms; including any part, product, egg, or offspring 
thereof, or the dead body or parts thereof (excluding fossils), whether 
or not included in a manufactured product or in a processed food 
product.
    Director means the Director of the United States Fish and Wildlife 
Service, Department of the Interior, or his authorized representative.
    Endangered wildlife means any wildlife listed in Sec. 17.11 or 
Sec. 17.12 of this subchapter.
    Fish means a member of any of the following classes:
    (1) Cyclostomata, including, but not limited to, hagfishes and 
lampreys;
    (2) Elasmobranchii, including but not limited to, sharks, skates, 
and rays; and
    (3) Pisces, including but not limited to trout, perch, bass, 
minnows, and catfish; including any part, product, egg, or offspring 
thereof, or the dead body or parts thereof (excluding fossils), whether 
or not included in a manufactured product or in a processed food 
product.
    Fish or wildlife means any wild animal, whether alive or dead, 
including without limitation any wild mammal, bird, reptile, amphibian, 
fish, mollusk, crustacean, arthropod, coelenterate, or other 
invertebrate, whether or not bred, hatched, or born in captivity, and 
including any part, product, egg, or offspring thereof.
    Foreign commerce includes, among other things, any transaction (1) 
between persons within one foreign country, or (2) between persons in 
two or more foreign countries, or (3) between a person within the United 
States and a person in one or more foreign countries, or (4) between 
persons within the United States, where the fish or wildlife in question 
are moving in any country or countries outside the United States.
    Fossil means the remains of an animal of past geological ages which 
has been preserved in the earth's crust through mineralization of the 
object.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the meaning 
of the tariff laws of the United States.

[[Page 10]]

    Injurious Wildlife means any wildlife for which a permit is required 
under subpart B of part 16 of this subchapter before being imported into 
or shipped between the continental United States, the District of 
Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of 
the United States.
    Mammal means a member of the class, Mammalia; including any part, 
product, egg, or offspring, or the dead body or parts thereof (excluding 
fossils), whether or not included in a manufactured product or in a 
processed food product.
    Migratory bird means any bird, whatever its origin and whether or 
not raised in captivity, which belongs to a species listed in 
Sec. 10.13, or which is a mutation or a hybrid of any such species, 
including any part, nest, or egg of any such bird, or any product, 
whether or not manufactured, which consists, or is composed in whole or 
part, of any such bird or any part, nest, or egg thereof.
    Migratory game birds: See Sec. 20.11 of this subchapter.
    Mollusk means a member of the phylum, Mollusca, including but not 
limited to, snails, mussels, clams, oysters, scallops, abalone, squid, 
and octopuses; including any part, product, egg, or offspring thereof, 
or the dead body or parts thereof (excluding fossils), whether or not 
included in a manufactured product or in a processed food product.
    Permit means any document designated as a ``permit,'' ``license,'' 
``certificate,'' or any other document issued by the Service to 
authorize, limit, or describe activity and signed by an authorized 
official of the Service.
    Person means any individual, firm, corporation, association, 
partnership, club, or private body, any one or all, as the context 
requires.
    Plant means any member of the plant kingdom, including seeds, roots 
and other parts thereof.
    Possession means the detention and control, or the manual or ideal 
custody of anything which may be the subject of property, for one's use 
and enjoyment, either as owner or as the proprietor of a qualified right 
in it, and either held personally or by another who exercises it in 
one's place and name. Possession includes the act or state of possessing 
and that condition of facts under which one can exercise his power over 
a corporeal thing at his pleasure to the exclusion of all other persons. 
Possession includes constructive possession which means not actual but 
assumed to exist, where one claims to hold by virtue of some title, 
without having actual custody.
    Public as used in referring to museums, zoological parks, and 
scientific or educational institutions, refers to such as are open to 
the general public and are either established, maintained, and operated 
as a governmental service or are privately endowed and organized but not 
operated for profit.
    Reptile means a member of the class, Reptilia, including but not 
limited to, turtles, snakes, lizards, crocodiles, and alligators; 
including any part, product, egg, or offspring thereof, or the dead body 
or parts thereof, whether or not included in a manufactured product or 
in a processed food product.
    Secretary means the Secretary of the Interior or his authorized 
representative.
    Service means the United States Fish and Wildlife Service, 
Department of the Interior.
    Shellfish means an aquatic invertebrate animal having a shell, 
including, but not limited to, (a) an oyster, clam, or other mollusk; 
and (b) a lobster or other crustacean; or any part, product, egg, or 
offspring thereof, or the dead body or parts thereof (excluding 
fossils), whether or not included in a manufactured product or in a 
processed food product.
    State means any State of the United States, the District of 
Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin 
Islands, and Guam.
    Take means to pursue, hunt, shoot, wound, kill, trap, capture, or 
collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, 
or collect. (With reference to marine mammals, see Part 18 of this 
subchapter.)
    Transportation means to ship, convey, carry or transport by any 
means whatever, and deliver or receive for such shipment, conveyance, 
carriage, or transportation.
    United States means the several States of the United States of 
America,

[[Page 11]]

the District of Columbia, the Commonwealth of Puerto Rico, American 
Samoa, the Virgin Islands, and Guam.
    Whoever means the same as person.
    Wildlife means the same as fish or wildlife.

[38 FR 22015, Aug. 15, 1973, as amended at 42 FR 32377, June 24, 1977; 
42 FR 59358, Nov. 16, 1977; 45 FR 56673, Aug. 25, 1980; 50 FR 52889, 
Dec. 26, 1985]



Sec. 10.13  List of Migratory Birds.

    The following is a list of all species of migratory birds protected 
by the Migratory Bird Treaty Act (16 U.S.C. 703-711) and subject to the 
regulations on migratory birds contained in this subchapter B of title 
50 CFR. The species listed are those protected by the Convention for the 
Protection of Migratory Birds, August 16, 1916, United States-Great 
Britain (on behalf of Canada), 39 Stat. 1702, T.S. No. 628; the 
Convention for the Protection of Migratory Birds and Game Mammals, 
February 7, 1936, United States-Mexico, 50 Stat. 1311, T.S. No. 912; the 
Convention for the Protection of Migratory Birds and Birds in Danger of 
Extinction, and Their Environment, March 4, 1972, United States-Japan, 
25 U.S.T. 3329, T.I.A.S. No. 7990; and the Convention for the 
Conservation of Migratory Birds and Their Environment, United States-
U.S.S.R., November 26, 1976, 92 Stat. 3110, T.I.A.S. 9073, 16 U.S.C. 
703, 712. The species are listed two ways. In the first part of the List 
species are arranged alphabetically by English (common) name groups, 
with the scientific name following the English (common) name. All 
species of ducks are listed together under the heading ``Ducks''. In the 
second part of the List, species are listed by scientific name arranged 
in taxonomic order. Taxonomy and nomenclature follows the American 
Ornithologists' Union's Check-list of North American Birds (6th Edition, 
1983).

                         I. Alphabetical Listing

Accentor, Siberian, Prunella montanella
Albatross:
    Black-footed, Diomedea nigripes
    Laysan, Diomedea immutabilis
    Short-tailed, Diomedea albatrus
    Yellow-nosed, Diomedea chlororhynchos
Anhinga, Anhinga anhinga
Ani:
    Groove-billed, Crotophaga sulcirostris
    Smooth-billed, Crotophaga ani
Auklet:
    Cassin's, Ptychoramphus aleuticus
    Crested, Aethia cristatella
    Least, Aethia pusilla
    Parakeet, Cyclorrhynchus psittacula
    Rhinoceros, Cerorhinca monocerata
    Whiskered, Aethia pygmaea
Avocet, American, Recurvirostra americana
Barn-Owl, Common, Tyto alba
Beardless-Tyrannulet, Northern, Camptostoma imberbe
Becard, Rose-throated, Pachyramphus aglaiae
Bittern:
    American, Botaurus lentiginosus
    Chinese, Ixobrychus sinensis
    Least, Ixobrychus exilis
    Schrenk's, Ixobrychus eurhythmus
Black-Hawk, Common, Buteogallus anthracinus
Blackbird:
    Brewer's, Euphagus cyanocephalus
    Red-winged, Agelaius phoeniceus
    Rusty, Euphagus carolinus
    Tawny-shouldered, Agelaius humeralis
    Tricolored, Agelaius tricolor
    Yellow-headed, Xanthocephalus xanthocephalus
    Yellow-shouldered, Agelaius xanthomus
Bluebird:
    Eastern, Sialia sialis
    Mountain, Sialia currucoides
    Western, Sialia mexicana
Bluethroat, Luscinia svecica
Bobolink, Dolichonyx oryzivorus
Booby:
    Blue-footed, Sula nebouxii
    Brown, Sula leucogaster
    Masked, Sula dactylatra
    Red-footed, Sula sula
Brambling, Fringilla montifringilla
Brant, Branta bernicla
Bufflehead (see DUCKS)
Bullfinch:
    Eurasian, Pyrrhula pyrrhula
    Puerto Rican, Loxigilla portoricensis
Bunting:
    Indigo, Passerina cyanea
    Lark, Calamospiza melanocorys
    Lazuli, Passerina amoena
    McKay's, Plectrophenax hyperboreus
    Painted, Passerina ciris
    Reed (see Reed-Bunting)
    Rustic, Emberiza rustica
    Snow, Plectrophenax nivalis
    Varied, Passerina versicolor
Bushtit, Psaltriparus minimus
Canvasback (see DUCKS)
Caracara, Crested, Polyborus plancus
Cardinal, Northern, Cardinalis cardinalis
Carib, Green-throated, Eulampis holosericeus
Catbird, Gray, Dumetella carolinensis
Chat, Yellow-breasted, Icteria virens
Chickadee (see Tit):
    Black-capped, Parus atricapillus
    Boreal, Parus hudsonicus
    Carolina, Parus carolinensis

[[Page 12]]

    Chestnut-backed, Parus rufescens
    Mexican, Parus sclateri
    Mountain, Parus gambeli
Chuck-will's-widow, Caprimulgus carolinensis
Condor, California, Gymnogyps californianus
Coot:
    American, Fulica americana
    Caribbean, Fulica caribaea
    Eurasian, Fulica atra
Cormorant:
    Brandt's, Phalacrocorax penicillatus
    Double-crested, Phalacrocorax auritus
    Great, Phalacrocorax carbo
    Olivaceous, Phalacrocorax olivaceus
    Pelagic, Phalacrocorax pelagicus
    Red-faced, Phalacrocorax urile
Cowbird:
    Bronzed, Molothrus aeneus
    Brown-headed, Molothrus ater
    Shiny, Molothrus bonariensis
Crake:
    Corn, Crex crex
    Yellow-breasted, Porzana flaviventer
Crane:
    Common, Grus grus
    Sandhill, Grus canadensis
    Whooping, Grus americana
Creeper, Brown, Certhia americana
Crossbill:
    Red, Loxia curvirostra
    White-winged, Loxia leucoptera
Crow:
    American, Corvus brachyrhynchos
    Fish, Corvus ossifragus
    Hawaiian, Corvus hawaiiensis
    Mexican, Corvus imparatus
    Northwestern, Corvus caurinus
    White-necked, Corvus leucognaphalus
Cuckoo:
    Black-billed, Coccyzus erythropthalmus
    Common, Cuculus canorus
    Hawk (see Hawk-Cuckoo)
    Lizard (see Lizard-Cuckoo)
    Mangrove, Coccyzus minor
    Oriental, Cuculus saturatus
    Yellow-billed, Coccyzus americanus
Curlew (see Whimbrel):
    Bristle-thighed, Numenius tahitiensis
    Eskimo, Numenius borealis
    Far Eastern, Numenius madagascariensis
    Least, Numenius minutus
    Long-billed, Numenius americanus
Dickcissel, Spiza americana
Dipper, American, Cinclus mexicanus
Dotterel, Eurasian, Charadrius morinellus
Dove:
    Ground (see Ground-Dove)
    Inca, Columbina inca
    Mourning, Zenaida macroura
    Quail (see Quail-Dove)
    White-tipped, Leptotila verreauxi
    White-winged, Zenaida asiatica
    Zenaida, Zenaida aurita
Dovekie, Alle alle
Dowitcher:
    Long-billed, Limnodromus scolopaceus
    Short-billed, Limnodromus griseus

                                  Ducks

American Black Duck, Anas rubripes
Bufflehead, Bucephala albeola
Canvasback, Aythya valisineria
Eider:
    Common, Somateria mollissima
    King, Somateria spectabilis
    Spectacled, Somateria fischeri
    Steller's, Polysticta stelleri
Gadwall, Anas strepera
Garganey, Anas querquedula
Goldeneye:
    Barrow's, Bucephala islandica
    Common, Bucephala clangula
Harlequin Duck, Histrionicus histrionicus
Hawaiian Duck, Anas wyvilliana
Laysan Duck, Anas laysanensis
Mallard, Anas platyrhynchos
Masked Duck, Oxyura dominica
Merganser
    Common, Mergus merganser
    Hooded, Lophodytes cucullatus
    Red-breasted, Mergus serrator
Mottled Duck, Anas fulvigula
Oldsquaw, Clangula hyemalis
Pintail:
    Northern, Anas acuta
    White-cheeked, Anas bahamensis
Pochard:
    Baer's, Aythya baeri
    Common, Aythya ferina
Redhead, Aythya americana
Ring-necked Duck, Aythya collaris
Ruddy Duck, Oxyura jamaicensis
Scaup:
    Greater, Aythya marila
    Lesser, Aythya affinis
Scoter:
    Black, Melanitta nigra
    Surf, Melanitta perspicillata
    White-winged, Melanitta fusca
Shoveler, Northern, Anas clypeata
Smew, Mergellus albellus
Teal:
    Baikal, Anas formosa
    Blue-winged, Anas discors
    Cinnamon, Anas cyanoptera
    Falcated, Anas falcata
    Green-winged, Anas crecca
Tufted Duck, Aythya fuligula
Whistling-Duck:
    Black-bellied, Dendrocygna autumnalis
    Fulvous, Dendrocygna bicolor
    West Indian, Dendrocygna arborea
Wigeon:
    American, Anas americana
    Eurasian, Anas penelope
Wood Duck, Aix sponsa

                              End of Ducks

Dunlin, Calidris alpina
Eagle:
    Bald, Haliaeetus leucocephalus
    Golden, Aquila chrysaetos
    Sea (see Sea-Eagle)
    White-tailed, Haliaeetus albicilla

[[Page 13]]

Egret:
    Cattle, Bubulcus ibis
    Chinese, Egretta eulophotes
    Great, Casmerodius albus
    Plumed, Egretta intermedia
    Reddish, Egretta rufescens
    Snowy, Egretta thula
Eider (see DUCKS)
Elaenia, Caribbean, Elaenia martinica
Emerald, Puerto Rican, Chlorostilbon maugaeus
Euphonia, Antillean, Euphonia musica
Falcon:
    Aplomado, Falco femoralis
    Peregrine, Falco peregrinus
    Prairie, Falco mexicanus
Fieldfare, Turdus pilaris
Finch:
    Cassin's, Carpodacus cassinii
    House, Carpodacus mexicanus
    Purple, Carpodacus purpureus
    Rosy, Leucosticte arctoa
Flamingo, Greater, Phoenicopterus ruber
Flicker, Northern, Colaptes auratus
Flycatcher:
    Acadian, Empidonax virescens
    Alder, Empidonax alnorum
    Ash-throated, Myiarchus cinerascens
    Brown-crested, Myiarchus tyrannulus
    Buff-breasted, Empidonax fulvifrons
    Dusky, Empidonax oberholseri
    Dusky-capped, Myiarchus tuberculifer
    Fork-tailed, Tyrannus savana
    Gray, Empidonax wrightii
    Gray-spotted, Muscicapa griseisticta
    Great Crested, Myiarchus crinitus
    Hammond's, Empidonax hammondii
    Least, Empidonax minimus
    Narcissus, Muscicapa narcissina
    Nutting's, Myiarchus nuttingi
    Olive-sided, Contopus borealis
    Puerto Rican, Myiarchus antillarum
    Scissor-tailed, Tyrannus forficatus
    Sulphur-bellied, Myiodynastes luteiventris
    Vermilion, Pyrocephalus rubinus
    Western, Empidonax difficilis
    Willow, Empidonax traillii
    Yellow-bellied, Empidonax flaviventris
Frigatebird:
    Great, Fregata minor
    Magnificent, Fregata magnificens
    Lesser, Fregata ariel
Fulmar, Northern, Fulmarus glacialis
Gadwall (see DUCKS)
Gallinule, Purple, Porphyrula martinica
Gannet, Northern, Sula bassanus
Garganey (see DUCKS)
Gnatcatcher:
    Black-capped, Polioptila nigriceps
    Black-tailed, Polioptila melanura
    Blue-gray, Polioptila caerulea
Godwit:
    Bar-tailed, Limosa lapponica
    Black-tailed, Limosa limosa
    Hudsonian, Limosa haemastica
    Marbled, Limosa fedoa
Golden-Plover, Lesser, Pluvialis dominica
Goldeneye (see DUCKS)
Goldfinch:
    American, Carduelis tristis
    Lawrence's, Carduelis lawrencei
    Lesser, Carduelis psaltria
Goose:
    Barnacle, Branta leucopsis
    Bean, Anser fabalis
    Canada, Branta canadensis
    Emperor, Chen canagica
    Greater White-fronted, Anser albifrons
    Hawaiian, Nesochen sandvicensis
    Ross', Chen rossii
    Snow, Chen caerulescens
Goshawk, Northern, Accipiter gentilis
Grackle:
    Boat-tailed, Quiscalus major
    Common, Quiscalus quiscula
    Great-tailed, Quiscalus mexicanus
    Greater Antillean, Quiscalus niger
Grasshopper-Warbler, Middendorff's, Locustella ochotensis
Grassquit:
    Black-faced, Tiaris bicolor
    Yellow-faced, Tiaris olivacea
Grebe:
    Eared, Podiceps nigricollis
    Horned, Podiceps auritus
    Least, Tachybaptus dominicus
    Pied-billed, Podilymbus podiceps
    Red-necked, Podiceps grisegena
    Western, Aechmophorus occidentalis
Greenfinch, Oriental, Carduelis sinica
Greenshank, Common, Tringa nebularia
Grosbeak:
    Black-headed, Pheucticus melanocephalus
    Blue, Guiraca caerulea
    Crimson-collared, Rhodothraupis celaeno
    Evening, Coccothraustes vespertinus
    Pine, Pinicola enucleator
    Rose-breasted, Pheucticus ludovicianus
    Yellow, Pheucticus chrysopeplus
Ground-Dove:
    Common, Columbina passerina
    Ruddy, Columbina talpacoti
Guillemot:
    Black, Cepphus grylle
    Pigeon, Cepphus columba
Gull:
    Bonaparte's, Larus philadelphia
    California, Larus californicus
    Common Black-headed, Larus ridibundus
    Franklin's, Larus pipixcan
    Glaucous, Larus hyperboreus
    Glaucous-winged, Larus glaucescens
    Great Black-backed, Larus marinus
    Heermann's, Larus heermanni
    Herring, Larus argentatus
    Iceland, Larus glaucoides
    Ivory, Pagophila eburnea
    Laughing, Larus atricilla
    Lesser Black-backed, Larus fuscus
    Little, Larus minutus
    Mew, Larus canus
    Ring-billed, Larus delawarensis
    Ross', Rhodostethia rosea
    Sabine's, Xema sabini

[[Page 14]]

    Slaty-backed, Larus schistisagus
    Thayer's, Larus thayeri
    Western, Larus occidentalis
    Yellow-footed, Larus livens
Gyrfalcon, Falco rusticolus
Harrier, Northern, Circus cyaneus
Hawfinch, Coccothraustes coccothraustes
Hawk:
    Asiatic Sparrow, Accipiter gularis
    Black (see Black-Hawk)
    Broad-winged, Buteo platypterus
    Cooper's, Accipiter cooperii
    Ferruginous, Buteo regalis
    Gray, Buteo nitidus
    Harris', Parabuteo unicinctus
    Hawaiian, Buteo solitarius
    Red-shouldered, Buteo lineatus
    Red-tailed, Buteo jamaicensis
    Rough-legged, Buteo lagopus
    Sharp-shinned, Accipiter striatus
    Short-tailed, Buteo brachyurus
    Swainson's, Buteo swainsoni
    White-tailed, Buteo albicaudatus
    Zone-tailed, Buteo albonotatus
Hawk-Cuckoo, Hodgson's, Cuculus fugax
Hawk-Owl, Northern, Surnia ulula
Heron:
    Great Blue, Ardea herodias
    Green-backed, Butorides striatus
    Little Blue, Egretta caerulea
    Night (see Night-Heron)
    Pacific Reef, Egretta sacra
    Tricolored, Egretta tricolor
Hoopoe, Upupa epops
House-Martin, Common, Delichon urbica
Hummingbird (see Carib, Emerald, Mango, Starthroat, Woodstar, Violet-
ear):
    Allen's, Selasphorus sasin
    Anna's, Calypte anna
    Antillean Crested, Orthorhynchus cristatus
    Berylline, Amazilia beryllina
    Black-chinned, Archilochus alexandri
    Blue-throated, Lampornis clemenciae
    Broad-billed, Cynanthus latirostris
    Broad-tailed, Selasphorus platycercus
    Buff-bellied, Amazilia yucatanensis
    Calliope, Stellula calliope
    Costa's, Calypte costae
    Lucifer, Calothorax lucifer
    Magnificent, Eugenes fulgens
    Ruby-throated, Archilochus colubris
    Rufous, Selasphorus rufus
    Violet-crowned, Amazilia violiceps
    White-eared, Hylocharis leucotis
Ibis:
    Glossy, Plegadis falcinellus
    Scarlet, Eudocimus ruber
    White, Eudocimus albus
    White-faced, Plegadis chihi
Jabiru, Jabiru mycteria
Jacana, Northern, Jacana spinosa
Jaeger:
    Long-tailed, Stercorarius longicaudus
    Parasitic, Stercorarius parasiticus
    Pomarine, Stercorarius pomarinus
Jay:
    Blue, Cyanocitta cristata
    Brown, Cyanocorax morio
    Gray, Perisoreus canadensis
    Gray-breasted, Aphelocoma ultramarina
    Green, Cyanocorax yncas
    Pinyon, Gymnorhinus cyanocephalus
    Scrub, Aphelocoma coerulescens
    Steller's, Cyanocitta stelleri
Junco:
    Dark-eyed, Junco hyemalis
    Yellow-eyed, Junco phaeonotus
Kestrel:
    American, Falco sparverius
    Eurasian, Falco tinnunculus
Killdeer, Charadrius vociferus
Kingbird:
    Cassin's, Tyrannus vociferans
    Couch's, Tyrannus couchii
    Eastern, Tyrannus tyrannus
    Gray, Tyrannus dominicensis
    Loggerhead, Tyrannus caudifasciatus
    Thick-billed, Tyrannus crassirostris
    Tropical, Tyrannus melancholicus
    Western, Tyrannus verticalis
Kingfisher:
    Belted, Ceryle alcyon
    Green, Chloroceryle americana
    Ringed, Cyeryle torquata
Kinglet:
    Golden-crowned, Regulus satrapa
    Ruby-crowned, Regulus calendula
Kiskadee, Great, Pitangus sulphuratus
Kite:
    American Swallow-tailed, Elanoides forficatus
    Black, Milvus migrans
    Black-shouldered, Elanus caeruleus
    Hook-billed, Chondrohierax uncinatus
    Mississippi, Ictinia mississippiensis
    Snail, Rostrhamus sociabilis
Kittiwake:
    Black-legged, Larus tridactyla
    Red-legged, Larus brevirostris
Knot:
    Great, Calidris tenuirostris
    Red, Calidris canutus
Lapwing, Northern, Vanellus vanellus
Lark, Horned, Eremophila alpestris
Limpkin, Aramus guarauna
Lizard-Cuckoo, Puerto Rican, Saurothera vieilloti
Longspur:
    Chestnut-collared, Calcarius ornatus
    Lapland, Calcarius lapponicus
    McCown's, Calcarius mccownii
    Smith's, Calcarius pictus
Loon:
    Arctic, Gavia arctica
    Common, Gavia immer
    Red-throated, Gavia stellata
    Yellow-billed, Gavia adamsii
Magpie:
    Black-billed, Pica pica
    Yellow-billed, Pica nuttalli
Mallard (see DUCKS)
Mango:
    Antillean, Anthracothorax dominicus
    Green, Anthracothorax viridis

[[Page 15]]

Martin:
    Caribbean, Progne dominicensis
    Cuban, Progne cryptoleuca
    Gray-breasted, Progne chalybea
    House (see House-Martin)
    Purple, Progne subis
Meadowlark:
    Eastern, Sturnella magna
    Western, Sturnella neglecta
Merganser (see DUCKS)
Merlin, Falco columbarius
Mockingbird, Northern, Mimus polyglottos
Moorhen, Common, Gallinula chloropus
Murre:
    Common, Uria aalge
    Thick-billed, Uria lomvia
Murrelet:
    Ancient, Synthliboramphus antiquus
    Craveri's, Synthliboramphus craveri
    Kittlitz's, Brachyramphus brevirostris
    Marbled, Brachyramphus marmoratus
    Xantus', Synthliboramphus hypoleucus
Needletail, White-throated, Hirundapus caudacutus
Night-Heron:
    Black-crowned, Nycticorax nycticorax
    Japanese, Nycticorax goisagi
    Malay, Nycticorax melanolophus
    Yellow-crowned, Nycticorax violaceus
Nighthawk:
    Antillean, Chordeiles gundlachii
    Common, Chordeiles minor
    Lesser, Chordeiles acutipennis
Nightjar:
    Buff-collared, Caprimulgus ridgwayi
    Jungle, Caprimulgus indicus
    Puerto Rican, Caprimulgus noctitherus
Noddy:
    Black, Anous minutus
    Blue-gray, Procelsterna cerulea
    Brown, Anous stolidus
    Lesser, Anous tenuirostris
Nutcracker, Clark's, Nucifraga columbiana
Nuthatch:
    Brown-headed, Sitta pusilla
    Pygmy, Sitta pygmaea
    Red-breasted, Sitta canadensis
    White-breasted, Sitta carolinensis
Oldsquaw (see DUCKS)
Oriole:
    Altamira, Icterus gularis
    Audubon's, Icterus graduacauda
    Black-cowled, Icterus dominicensis
    Black-vented, Icterus wagleri
    Hooded, Icterus cucullatus
    Northern, Icterus galbula
    Orchard, Icterus spurius
    Scott's, Icterus parisorum
    Streak-backed, Icterus pustulatus
Osprey, Pandion haliaetus
Ovenbird, Seiurus aurocapillus
Owl:
    Barn (see Barn-Owl)
    Barred, Strix varia
    Boreal, Aegolius funereus
    Burrowing, Athene cunicularia
    Elf, Micrathene whitneyi
    Flammulated, Otus flammeolus
    Great Gray, Strix nebulosa
    Great Horned, Bubo virginianus
    Hawk (see Hawk-Owl)
    Long-eared, Asio otus
    Pygmy (see Pygmy-Owl)
    Saw-whet (see Saw-Whet Owl)
    Screech (see Screech-Owl)
    Short-eared, Asio flammeus
    Snowy, Nyctea scandiaca
    Spotted, Strix occidentalis
Oystercatcher:
    American, Haematopus palliatus
    Black, Haematopus bachmani
Parula:
    Northern, Parula americana
    Tropical, Parula pitiayumi
Pauraque, Common, Nyctidromus albicollis
Pelican:
    American White, Pelecanus erythrorhynchos
    Brown, Pelecanus occidentalis
Petrel:
    Black-capped, Pterodroma hasitata
    Bonin, Pterodroma hypoleuca
    Bulwer's, Bulweria bulwerii
    Cook's, Pterodroma cookii
    Dark-rumped, Pterodroma phaeopygia
    Herald, Pterodroma arminjoniana
    Kermadec, Pterodroma neglecta
    Mottled, Pterodroma inexpectata
    Murphy's, Pterodroma ultima
    Storm (see Storm-Petrel)
    White-necked, Pterodroma externa
Pewee:
    Greater, Contopus pertinax
    Lesser Antillean, Contopus latirostris
    Wood (see Wood-Pewee)
Phainopepla, Phainopepla nitens
Phalarope:
    Red, Phalaropus fulicaria
    Red-necked, Phalaropus lobatus
    Wilson's, Phalaropus tricolor
Phoebe:
    Black, Sayornis nigricans
    Eastern, Sayornis phoebe
    Say's, Sayornis saya
Pigeon:
    Band-tailed, Columba fasciata
    Plain, Columba inornata
    Red-billed, Columba flavirostris
    Scaly-naped, Columba squamosa
    White-crowned, Columba leucocephala
Pintail (see DUCKS)
Pipit:
    Pechora, Anthus gustavi
    Red-throated, Anthus cervinus
    Sprague's, Anthus spragueii
    Tree (see Tree-Pipit)
    Water, Anthus spinoletta
Plover:
    Black-bellied, Pluvialis squatarola
    Common Ringed, Charadrius hiaticula
    Golden (see Golden-Plover)
    Great Sand, Charadrius leschenaultii
    Little Ringed, Charadrius dubius
    Mongolian, Charadrius mongolus
    Mountain, Charadrius montanus

[[Page 16]]

    Piping, Charadrius melodus
    Semipalmated, Charadrius semipalmatus
    Snowy, Charadrius alexandrinus
    Wilson's, Charadrius wilsonia
Pochard (see DUCKS)
Poorwill, Common, Phalaenoptilus nuttallii
Puffin:
    Atlantic, Fratercula arctica
    Horned, Fratercula corniculata
    Tufted, Fratercula cirrhata
Pygmy-Owl:
    Ferruginous, Glaucidium brasilianum
    Northern, Glaucidium gnoma
Pyrrhuloxia, Cardinalis sinuatus
Quail-Dove:
    Bridled, Geotrygon mystacea
    Key West, Geotrygon chrysia
    Ruddy, Geotrygon montana
Rail:
    Black, Laterallus jamaicensis
    Clapper, Rallus longirostris
    King, Rallus elegans
    Sora (see Sora)
    Virginia, Rallus limicola
    Yellow, Coturnicops noveboracensis
Raven:
    Chihuahuan, Corvus cryptoleucus
    Common, Corvus corax
Razorbill, Alca torda
Redhead (see DUCKS)
Redpoll:
    Common, Carduelis flammea
    Hoary, Carduelis hornemanni
Redshank, Spotted, Tringa erythropus
Redstart:
    American, Setophaga ruticilla
    Painted, Myioborus pictus
    Slaty-throated, Myioborus miniatus
Reed-Bunting:
    Common, Emberiza schoeniculus
    Pallas', Emberiza pallasi
Roadrunner, Greater, Geococcyx californianus
Robin:
    American, Turdus migratorius
    Clay-colored, Turdus grayi
    Rufous-backed, Turdus rufopalliatus
Rosefinch, Common, Carpodacus erythrinus
Rough-winged Swallow, Northern, Stelgidopteryx serripennis
Rubythroat, Siberian, Luscinia calliope
Ruff, Philomachus pugnax
Sanderling, Calidris alba
Sandpiper:
    Baird's, Calidris bairdii
    Broad-billed, Limicola falcinellus
    Buff-breasted, Tryngites subruficollis
    Common, Actitis hypoleucos
    Curlew, Calidris ferruginea
    Least, Calidris minutilla
    Marsh, Tringa stagnatilis
    Pectoral, Calidris melanotos
    Purple, Calidris maritima
    Rock, Calidris ptilocnemis
    Semipalmated, Calidris pusilla
    Sharp-tailed, Calidris acuminata
    Solitary, Tringa solitaria
    Spoonbill, Eurynorhynchus pygmeus
    Spotted, Actitis macularia
    Stilt, Calidris himantopus
    Terek, Xenus cinereus
    Upland, Bartramia longicauda
    Western, Calidris mauri
    White-rumped, Calidris fuscicollis
    Wood, Tringa glareola
Sapsucker:
    Red-breasted, Sphyrapicus ruber
    Williamson's, Sphyrapicus thyroideus
    Yellow-bellied, Sphyrapicus varius
Saw-whet Owl, Northern, Aegolius acadicus
Scaup (see DUCKS)
Scoter (see DUCKS)
Screech-Owl:
    Eastern, Otus asio
    Puerto Rican, Otus nudipes
    Western, Otus kennicottii
    Whiskered, Otus trichopsis
Sea-Eagle, Steller's, Haliaeetus pelagicus
Seedeater, White-collared, Sporophila torqueola
Shearwater:
    Audubon's, Puffinus lherminieri
    Black-vented, Puffinus opisthomelas
    Buller's, Puffinus bulleri
    Christmas, Puffinus nativitatus
    Cory's, Calonectris diomedea
    Flesh-footed, Puffinus carneipes
    Greater, Puffinus gravis
    Little, Puffinus assimilis
    Manx, Puffinus puffinus
    Pink-footed, Puffinus creatopus
    Short-tailed, Puffinus tenuirostris
    Sooty, Puffinus griseus
    Townsend's, Puffinus auricularis
    Wedge-tailed, Puffinus pacificus
Shoveler (see DUCKS)
Shrike:
    Loggerhead, Lanius ludovicianus
    Northern, Lanius excubitor
Siskin, Pine, Carduelis pinus
Skimmer, Black, Rhynchops niger
Skua:
    Great, Catharacta skua
    South Polar, Catharacta maccormicki
Skylark, Eurasian, Alauda arvensis
Smew (see DUCKS)
Snipe:
    Common, Gallinago gallinago
    Jack, Lymnocryptes minimus
    Pin-tailed, Gallinago stenura
    Swinhoe's, Gallinago megala
Solitaire, Townsend's, Myadestes townsendi
Sora, Porzana carolina
Sparrow:
    American Tree, Spizella arborea
    Bachman's, Aimophila aestivalis
    Baird's, Ammodramus bairdii
    Black-chinned, Spizella atrogularis
    Black-throated, Amphispiza bilineata
    Botteri's, Aimophila botterii
    Brewer's, Spizella breweri
    Cassin's, Aimophila cassinii
    Chipping, Spizella passerina
    Clay-colored, Spizella pallida
    Field, Spizella pusilla

[[Page 17]]

    Five-striped, Amphispiza quinquestriata
    Fox, Passerella iliaca
    Golden-crowned, Zonotrichia atricapilla
    Grasshopper, Ammodramus savannarum
    Harris', Zonotrichia querula
    Henslow's, Ammodramus henslowii
    Lark, Chondestes grammacus
    Le Conte's, Ammodramus leconteii
    Lincoln's, Melospiza lincolnii
    Olive, Arremenops rufivirgatus
    Rufous-crowned, Aimophila ruificeps
    Rufous-winged, Aimophila carpalis
    Sage, Amphispiza belli
    Savannah, Passerculus sandwichensis
    Seaside, Ammodramus maritimus
    Sharp-tailed, Ammodramus caudacutus
    Song, Melospiza melodia
    Swamp, Melospiza georgiana
    Vesper, Pooecetes gramineus
    White-crowned, Zonotrichia leucophrys
    White-throated, Zonotrichia albicollis
    Worthen's, Spizella wortheni
Spoonbill, Roseate, Ajaia ajaja
Starling:
    Ashy, Sturnus cineraceus
    Violet-backed, Sturnus philippensis
Starthroat, Plain-capped Heliomaster constantii,
Stilt, Black-necked, Himantopus mexicanus
Stint:
    Little, Calidris minuta
    Long-toed, Calidris subminuta
    Rufous-necked, Calidris ruficollis
    Temminck's, Calidris temminckii
Stork, Wood, Mycteria americana
Storm-Petrel:
    Ashy, Oceanodroma homochroa
    Band-rumped, Oceanodroma castro
    Black, Oceanodroma melania
    Fork-tailed, Oceanodroma furcata
    Leach's, Oceanodroma leucorhoa
    Least, Oceanodroma microsoma
    Sooty, Oceanodroma tristrami
    Wedge-rumped, Oceanodroma tethys
    White-faced, Pelagadroma marina
    Wilson's, Oceanites oceanicus
Surfbird, Aphriza virgata
Swallow:
    Bahama, Tachycineta cyaneoviridis
    Bank, Riparia riparia
    Barn, Hirundo rustica
    Cave, Hirundo fulva
    Cliff, Hirundo pyrrhonota
    Rough-winged (see Rough-winged Swallow)
    Tree, Tachycineta bicolor
    Violet-green, Tachycineta thalassina
Swan:
    Trumpeter, Cygnus buccinator
    Tundra, Cygnus columbianus
    Whooper, Cygnus cygnus
Swift:
    Antillean Palm, Tachornis pheonicobia
    Black, Cypseloides niger
    Chimney, Chaetura pelagica
    Common, Apus apus
    Fork-tailed, Apus pacificus
    Needle-tailed (see Needletail)
    Vaux's, Chaetura vauxi
    White-collared, Streptoprocne zonaris
    White-throated, Aeronautes saxatalis
Tanager:
    Hepatic, Piranga flava
    Puerto Rican, Neospingus speculiferus
    Scarlet, Piranga olivacea
    Stripe-headed, Spindalis zena
    Summer, Piranga rubra
    Western, Piranga ludoviciana
Tattler:
    Gray-tailed, Heteroscelus brevipes
    Wandering, Heteroscelus incanus
Teal (see DUCKS)
Tern:
    Aleutian, Sterna aleutica
    Arctic, Sterna paradisaea
    Black, Chlidonias niger
    Black-naped, Sterna sumatrana
    Bridled, Sterna anaethetus
    Caspian, Sterna caspia
    Common, Sterna hirundo
    Elegant, Sterna elegans
    Forster's, Sterna forsteri
    Gray-backed, Sterna lunata
    Gull-billed, Sterna nilotica
    Least, Sterna antillarum
    Little, Sterna albifrons
    Roseate, Sterna dougallii
    Royal, Sterna maxima
    Sandwich, Sterna sandvicensis
    Sooty, Sterna fuscata
    White, Gygis alba
    White-winged, Chlidonias leucopterus
Thrasher:
    Bendire's, Toxostoma bendirei
    Brown, Toxostoma rufum
    California, Toxostoma redivivum
    Crissal, Toxostoma crissale
    Curve-billed, Toxostoma curvirostre
    Le Conte's, Toxostoma lecontei
    Long-billed, Toxostoma longirostre
    Pearly-eyed, Margarops fuscatus
    Sage, Oreoscoptes montanus
Thrush:
    Aztec, Ridgwayia pinicola
    Blue Rock, Monticola solitarius
    Dusky, Turdus naumanni
    Eye-browed, Turdus obscurus
    Gray-cheeked, Catharus minimus
    Hawaiian, Phaeornis obscurus
    Hermit, Catharus guttatus
    Red-legged, Turdus plumbeus
    Small Kauai, Phaeornis palmeri
    Swainson's, Catharus ustulatus
    Varied, Ixoreus naevius
    Wood, Hylocichla minima
Tit, Siberian, Parus cinctus
Titmouse:
    Bridled, Parus wollweberi
    Plain, Parus inornatus
    Tufted, Parus bicolor
Towhee:
    Abert's, Pipilo aberti
    Brown, Pipilo fuscus
    Green-tailed, Pipilo chlorurus
    Rufous-sided, Pipilo erythrophthalmus

[[Page 18]]

Tree-Pipit, Olive, Anthus hodgsoni
Trogon:
    Eared, Euptilotus neoxenus
    Elegant, Trogon elegans
Tropicbird:
    Red-billed, Phaethon aethereus
    Red-tailed, Phaethon rubricauda
    White-tailed, Phaethon lepturus
Turnstone:
    Black, Arenaria melanocephala
    Ruddy, Arenaria interpres
Veery, Catharus fuscescens
Verdin, Auriparus flaviceps
Violet-Ear, Green, Colibri thalassinus
Vireo:
    Bell's Vireo bellii
    Black-capped, Vireo atricapillus
    Black-whiskered, Vireo altiloquus
    Gray, Vireo vicinior
    Hutton's, Vireo huttoni
    Philadelphia, Vireo philadelphicus
    Puerto Rican, Vireo latimeri
    Red-eyed, Vireo olivaceus
    Solitary, Vireo solitarius
    Warbling, Vireo gilvus
    White-eyed, Vireo griseus
    Yellow-throated, Vireo flavifrons
Vulture:
    Black, Coragyps atratus
    Turkey, Cathartes aura
Wagtail:
    Black-backed, Motacilla lugens
    Gray, Motacilla cinerea
    White, Motacilla alba
    Yellow, Motacilla flava
Warbler:
    Adelaide's, Dendroica adelaidae
    Arctic, Phylloscopus borealis
    Bachman's Vermivora bachmanii
    Bay-breasted, Dendroica castanea
    Black-and-white, Mniotilta varia
    Black-throated Blue, Dendroica caerulescens
    Black-throated Gray, Dendroica nigrescens
    Black-throated Green, Dendroica virens
    Blackburnian, Dendroica fusca
    Blackpoll, Dendroica striata
    Blue-winged, Vermivora pinus
    Canada, Wilsonia canadensis
    Cape May, Dendroica tigrina
    Cerulean, Dendroica cerulea
    Chestnut-sided, Dendroica pensylvanica
    Colima, Vermivora crissalis
    Connecticut, Oporornis agilis
    Elfin Woods, Dendroica angelae
    Golden-cheeked, Dendroica chrysoparia
    Golden-crowned, Basileuterus culicivorus
    Golden-winged, Vermivora chrysoptera
    Grace's, Dendroica graciae
    Grasshopper (see Grasshopper-Warbler)
    Hermit, Dendroica occidentalis
    Hooded, Wilsonia citrina
    Kentucky, Oporornis formosus
    Kirtland's, Dendroica kirtlandii
    Lucy's, Vermivora luciae
    MacGillivray's, Oporornis tolmiei
    Magnolia, Dendroica magnolia
    Mourning, Oporornis philadelphia
    Nashville, Vermivora ruficapilla
    Olive, Peucedramus taeniatus
    Orange-crowned, Vermivora celata
    Palm, Dendroica palmarum
    Parula (see Parula)
    Pine, Dendroica pinus
    Prairie, Dendroica discolor
    Prothonotary, Protonotaria citrea
    Red-faced, Cardellina rubrifrons
    Rufous-capped, Basileuterus rufifrons
    Swainson's, Limnothlypis swainsonii
    Tennessee, Vermivora peregrina
    Townsend's, Dendroica townsendi
    Virgina's, Vermivora virginiae
    Willow, Phylloscopus trochilus
    Wilson's, Wilsonia pusilla
    Worm-eating, Helmitheros vermivorus
    Yellow, Dendroica petechia
    Yellow-rumped, Dendroica coronata
    Yellow-throated, Dendroica dominica
Waterthrush:
    Louisiana, Seiurus motacilla
    Northern, Seiurus noveboracensis
Waxwing:
    Bohemian, Bombycilla garrulus
    Cedar, Bombycilla cedrorum
Wheatear, Northern, Oenanthe oenanthe
Whimbrel, Numenius phaeopus
Whip-poor-will, Caprimulgus vociferus
Whistling-Duck (see DUCKS)
Wigeon (see DUCKS)
Willet, Catoptrophorus semipalmatus
Wood-Pewee:
    Eastern, Contopus virens
    Western, Contopus sordidulus
Woodcock:
    American, Scolopax minor
    Eurasian, Scolopax rusticola
Woodpecker:
    Acorn, Melanerpes formicivorus
    Black-backed, Picoides arcticus
    Downy, Picoides pubescens
    Gila, Melanerpes uropygialis
    Golden-fronted, Melanerpes aurifrons
    Hairy, Picoides villosus
    Ivory-billed, Campephilus principalis
    Ladder-backed, Picoides scalaris
    Lewis', Melanerpes lewis
    Nuttall's, Picoides nuttallii
    Pileated, Dryocopus pileatus
    Puerto Rican, Melanerpes portoricensis
    Red-bellied, Melanerpes carolinus
    Red-cockaded, Picoides borealis
    Red-headed, Melanerpes erythrocephalus
    Strickland's, Picoides stricklandi
    Three-toed, Picoides tridactylus
    White-headed, Picoides albolarvatus
Woodstar, Bahama, Calliphlox evelynae
Wren:
    Bewick's Thryomanes bewickii
    Cactus, Campylorhynchus brunneicapillus
    Canyon, Catherpes mexicanus
    Carolina, Thryothorus ludovicianus
    House, Troglodytes aedon
    Marsh, Cistothorus palustris
    Rock, Salpinctes obsoletus
    Sedge, Cistothorus platensis

[[Page 19]]

    Winter, Troglodytes troglodytes
Wryneck, Eurasian, Jynx torquilla
Yellowlegs:
Greater, Tringa melanoleuca
Lesser, Tringa flavipes
Yellowthroat:
    Common, Geothlypis trichas
    Gray-crowned, Geothlypis poliocephala

                          II. Taxonomic Listing

Order GAVIIFORMES

Family GAVIIDAE
    Gavia stellata, Red-throated Loon
    Gavia arctica, Arctic Loon
    Gavia immer, Common Loon
    Gavia adamsii, Yellow-billed Loon

Order PODICIPEDIFORMES

Family PODICIPEDIDAE

    Tachybaptus dominicus, Least Grebe
    Podilymbus podiceps, Pied-billed Grebe
    Podiceps auritus, Horned Grebe
    Podiceps grisegena, Red-necked Grebe
    Podiceps nigricollis, Eared Grebe
    Aechmophorus occidentalis, Western Grebe

Order PROCELLARIIFORMES

Family DIOMEDEIDAE

    Diomedea albatrus, Short-tailed Albatross
    Diomedea nigripes, Black-footed Albatross
    Diomedea immutabilis, Laysan Albatross
    Diomedea chlororhynchos, Yellow-nosed Albatross

Family PROCELLARIIDAE

    Fulmarus glacialis, Northern Fulmar
    Pterodroma hasitata, Black-capped Petrel
    Pterodroma phaeopygia, Dark-rumped Petrel
    Pterodroma externa, White-necked Petrel
    Pterodroma inexpectata, Mottled Petrel
    Pterodroma ultima, Murphy's Petrel
    Pterodroma neglecta, Kermadec Petrel
    Pterodroma arminjoniana, Herald Petrel
    Pterodroma cookii, Cook's Petrel
    Pterodroma hypoleuca, Bonin Petrel
    Bulweria bulwerii, Bulwer's Petrel
    Calonectris diomedea, Cory's Shearwater
    Puffinus creatopus, Pink-footed Shearwater
    Puffinus carneipes, Flesh-footed Shearwater
    Puffinus gravis, Greater Shearwater
    Puffinus pacificus, Wedge-tailed Shearwater
    Puffinus bulleri, Buller's Shearwater
    Puffinus griseus, Sooty Shearwater
    Puffinus tenuirostris, Short-tailed Shearwater
    Puffinus nativitatis, Christmas Shearwater
    Puffinus puffinus, Manx Shearwater
    Puffinus opisthomelas, Black-vented Shearwater
    Puffinus auricularis, Townsend's Shearwater
    Puffinus assimilis, Little Shearwater
    Puffinus lherminieri, Audubon's Shearwater

Family HYDROBATIDAE

    Oceanites oceanicus, Wilson's Storm-Petrel
    Pelagodroma marina, White-faced Storm-Petrel
    Oceanodroma furcata, Fork-tailed Storm-Petrel
    Oceanodroma leucorhoa, Leach's Storm-Petrel
    Oceanodroma homochroa, Ashy Storm-Petrel
    Oceanodroma castro, Band-rumped Storm-Petrel
    Oceanodroma tethys, Wedge-rumped Storm-Petrel
    Oceanodroma melania, Black Storm-Petrel
    Oceanodroma tristrami, Sooty Storm-Petrel
    Oceanodroma microsoma, Least Storm-Petrel

Order PELECANIFORMES

Family PHAETHONTIDAE

    Phaethon lepturus, White-tailed Tropicbird
    Phaethon aethereus, Red-billed Tropicbird
    Phaethon rubricauda, Red-tailed Tropicbird

Family SULIDAE

    Sula dactylatra, Masked Booby
    Sula nebouxii, Blue-footed Booby
    Sula leucogaster, Brown Booby
    Sula sula, Red-footed Booby
    Sula bassanus, Northern Gannet

Family PELECANIDAE

    Pelecanus erythrorhynchos, American White Pelican
    Pelecanus occidentalis, Brown Pelican
Family PHALACROCORACIDAE
    Phalacrocorax carbo, Great Cormorant
    Phalacrocorax auritus, Double-crested Cormorant
    Phalacrocorax olivaceus, Olivaceous Cormorant
    Phalacrocorax penicillatus, Brandt's Cormorant
    Phalacrocorax pelagicus, Pelagic Cormorant
    Phalacrocorax urile, Red-faced Cormorant

Family ANHINGIDAE

    Anhinga anhinga, Anhinga

Family FREGATIDAE

    Fregata magnificens, Magnificent Frigatebird
    Fregata minor, Great Frigatebird
    Fregata ariel, Lesser Frigatebird

Order CICONIIFORMES

Family ARDEIDAE

    Botaurus lentiginosus, American Bittern
    Ixobrychus exilis, Least Bittern
    Ixobrychus sinensis, Chinese Bittern
    Ixobrychus eurhythmus, Schrenk's Bittern
    Ardea herodias, Great Blue Heron
    Casmerodius albus, Great Egret
    Egretta eulophotes, Chinese Egret
    Egretta sacra, Pacific Reef Heron
    Egretta intermedia, Plumed Egret
    Egretta thula, Snowy Egret
    Egretta caerulea, Little Blue Heron
    Egretta tricolor, Tricolored Heron
    Egretta rufescens, Reddish Egret

[[Page 20]]

    Bubulcus ibis, Cattle Egret
    Butorides striatus, Green-backed Heron
    Nycticorax nycticorax, Black-crowned Night-Heron
    Nycticorax melanolophus, Malay Night-Heron
    Nycticorax goisagi, Japanese Night-Heron
    Nycticorax violaceus, Yellow-crowned Night-Heron

Family THRESKIORNITHIDAE

    Eudocimus albus, White Ibis
    Eudocimus ruber, Scarlet Ibis
    Plegadis falcinellus, Glossy Ibis
    Plegadis chihi, White-faced Ibis
    Ajaia ajaja, Roseate Spoonbill

Family CICONIIDAE

    Jabiru mycteria, Jabiru
    Mycteria americana, Wood Stork

Order PHOENICOPTERIFORMES

Family PHOENICOPTERIDAE

    Phoenicopterus ruber, Greater Flamingo

Order ANSERIFORMES

Family ANATIDAE

    Dendrocygna bicolor, Fulvous Whistling-Duck
    Dendrocygna autumnalis, Black-bellied Whistling-Duck
    Dendrocygna arborea, West Indian Whistling-Duck
    Cygnus columbianus, Tundra Swan
    Cygnus cygnus, Whooper Swan
    Cygnus buccinator, Trumpeter Swan
    Anser fabalis, Bean Goose
    Anser albifrons, Greater White-fronted Goose
    Chen caerulescens, Snow Goose
    Chen rossii, Ross' Goose
    Chen canagica, Emperor Goose
    Branta bernicla, Brant
    Branta leucopsis, Barnacle Goose
    Branta canadensis, Canada Goose
    Nesochen sandvicensis, Hawaiian Goose
    Aix sponsa, Wood Duck
    Anas crecca, Green-winged Teal
    Anas formosa, Baikal Teal
    Anas falcata, Falcated Teal
    Anas rubripes, American Black Duck
    Anas fulvigula, Mottled Duck
    Anas platyrhynchos, Mallard
    Anas wyvilliana, Hawaiian Duck
    Anas laysanensis, Laysan Duck
    Anas bahamensis, White-cheeked Pintail
    Anas acuta, Northern Pintail
    Anas querquedula, Garganey
    Anas discors, Blue-winged Teal
    Anas cyanoptera, Cinnamon Teal
    Anas clypeata, Northern Shoveler
    Anas strepera, Gadwall
    Anas penelope, Eurasian Wigeon
    Anas americana, American Wigeon
    Aythya ferina, Common Pochard
    Aythya valisineria, Canvasback
    Aythya americana, Redhead
    Aythya baeri, Baer's Pochard
    Aythya collaris, Ring-necked Duck
    Aythya fuligula, Tufted Duck
    Aythya marila, Greater Scaup
    Aythya affinis, Lesser Scaup
    Somateria mollissima, Common Eider
    Somateria spectabilis, King Eider
    Somateria fischeri, Spectacled Eider
    Polysticta stelleri, Steller's Eider
    Histrionicus histrionicus, Harlequin Duck
    Clangula hyemalis, Oldsquaw
    Melanitta nigra, Black Scoter
    Melanitta perspicillata, Surf Scoter
    Melanitta fusca, White-winged Scoter
    Bucephala clangula, Common Goldeneye
    Bucephala islandica, Barrow's Goldeneye
    Bucephala albeola, Bufflehead
    Mergellus albellus, Smew
    Lophodytes cucullatus, Hooded Merganser
    Mergus merganser, Common Merganser
    Mergus serrator, Red-breasted Merganser
    Oxyura jamaicensis, Ruddy Duck
    Oxyura dominica, Masked Duck

Order FALCONIFORMES

Family CATHARTIDAE

    Coragyps atratus, Black Vulture
    Cathartes aura, Turkey Vulture
    Gymnogyps californianus, California Condor

Family ACCIPITRIDAE

    Pandion haliaetus, Osprey
    Chondrohierax uncinatus, Hook-billed Kite
    Elanoides forficatus, American Swallow-tailed Kite
    Elanus caeruleus, Black-shouldered Kite
    Rostrhamus sociabilis, Snail Kite
    Ictinia mississippiensis, Mississippi Kite
    Milvus migrans, Black Kite
    Haliaeetus leucocephalus, Bald Eagle
    Haliaeetus albicilla, White-tailed Eagle
    Haliaeetus pelagicus, Steller's Sea-Eagle
    Circus cyaneus, Northern Harrier
    Accipiter gularis, Asiatic Sparrow Hawk
    Accipiter striatus, Sharp-shinned Hawk
    Accipiter cooperii, Cooper's Hawk
    Accipiter gentilis, Northern Goshawk
    Buteogallus anthracinus, Common Black-Hawk
    Parabuteo unicinctus, Harris' Hawk
    Buteo nitidus, Gray Hawk
    Buteo lineatus, Red-shouldered Hawk
    Buteo platypterus, Broad-winged Hawk
    Buteo brachyurus, Short-tailed Hawk
    Buteo swainsoni, Swainson's Hawk
    Buteo albicaudatus, White-tailed Hawk
    Buteo albonotatus, Zone-tailed Hawk
    Buteo solitarius, Hawaiian Hawk
    Buteo jamaicensis, Red-tailed Hawk
    Buteo regalis, Ferruginous Hawk
    Buteo lagopus, Rough-legged Hawk
    Aquila chrysaetos, Golden Eagle

Family FALCONIDAE

    Polyborus plancus, Crested Caracara
    Falco tinnunculus, Eurasian Kestrel
    Falco sparverius, American Kestrel
    Falco columbarius, Merlin
    Falco femoralis, Aplomado Falcon

[[Page 21]]

    Falco peregrinus, Peregrine Falcon
    Falco rusticolus, Gyrfalcon
    Falco mexicanus, Prairie Falcon

Order GRUIFORMES

Family RALLIDAE

    Coturnicops noveboracensis, Yellow Rail
    Laterallus jamaicensis, Black Rail
    Crex crex, Corn Crake
    Rallus longirostris, Clapper Rail
    Rallus elegans, King Rail
    Rallus limicola, Virginia Rail
    Porzana carolina, Sora
    Porzana flaviventer, Yellow-breasted Crake
    Porphyrula martinica, Purple Gallinule
    Gallinula chloropus, Common Moorhen
    Fulica atra, Eurasian Coot
    Fulica americana, American Coot
    Fulica caribaea, Caribbean Coot

Family ARAMIDAE

    Aramus guarauna, Limpkin

Family GRUIDAE

    Grus canadensis, Sandhill Crane
    Grus grus, Common Crane
    Grus americana, Whooping Crane

Order CHARADRIIFORMES

Family CHARADRIIDAE

    Vanellus vanellus, Northern Lapwing
    Pluvialis squatarola, Black-bellied Plover
    Pluvialis dominica, Lesser Golden-Plover
    Charadrius mongolus, Mongolian Plover
    Charadrius leschenaultii, Great Sand Plover
    Charadrius alexandrinus, Snowy Plover
    Charadrius wilsonia, Wilson's Plover
    Charadrius hiaticula, Common Ringed Plover
    Charadrius semipalmatus, Semipalmated Plover
    Charadrius melodus, Piping Plover
    Charadrius dubius, Little Ringed Plover
    Charadrius vociferus, Killdeer
    Charadrius montanus, Mountain Plover
    Charadrius morinellus, Eurasian Dotterel

Family HAEMATOPODIDAE

    Haematopus palliatus, American Oystercatcher
    Haematopus bachmani, Black Oystercatcher

Family RECURVIROSTRIDAE

    Himantopus mexicanus, Black-necked Stilt
    Recurvirostra americana, American Avocet

Family JACANIDAE

    Jacana spinosa, Northern Jacana

Family, SCOLOPACIDAE

    Tringa nebularia, Common Greenshank
    Tringa melanoleuca, Greater Yellowlegs
    Tringa flavipes, Lesser Yellowlegs
    Tringa stagnatilis, Marsh Sandpiper
    Tringa erythropus, Spotted Redshank
    Tringa glareola, Wood Sandpiper
    Tringa solitaria, Solitary Sandpiper
    Catoptrophorus semipalmatus, Willet
    Heteroscelus incanus, Wandering Tattler
    Heteroscelus brevipes, Gray-tailed Tattler
    Actitis hypoleucos, Common Sandpiper
    Actitis macularia, Spotted Sandpiper
    Xenus cinereus, Terek Sandpiper
    Bartramia longicauda, Upland Sandpiper
    Numenius minutus, Least Curlew
    Numenius borealis, Eskimo Curlew
    Numenius phaeopus, Whimbrel
    Numenius tahitiensis, Bristle-thighed Curlew
    Numenius madagascariensis, Far Eastern Curlew
    Numenius americanus, Long-billed Curlew
    Limosa limosa, Black-tailed Godwit
    Limosa haemastica, Hudsonian Godwit
    Limosa lapponica, Bar-tailed Godwit
    Limosa fedoa, Marbled Godwit
    Arenaria interpres, Ruddy Turnstone
    Arenaria melanocephala, Black Turnstone
    Aphriza virgata, Surfbird
    Calidris tenuirostris, Great Knot
    Calidris canutus, Red Knot
    Calidris alba, Sanderling
    Calidris pusilla, Semipalmated Sandpiper
    Calidris mauri, Western Sandpiper
    Calidris ruficollis, Rufous-necked Stint
    Calidris minuta, Little Stint
    Calidris temminckii, Temminck's Stint
    Calidris subminuta, Long-toed Stint
    Calidris minutilla, Least Sandpiper
    Calidris fuscicollis, White-rumped Sandpiper
    Calidris bairdii, Baird's Sandpiper
    Calidris melanotos, Pectoral Sandpiper
    Calidris acuminata, Sharp-tailed Sandpiper
    Calidris maritima, Purple Sandpiper
    Calidris ptilocnemis, Rock Sandpiper
    Calidris alpina, Dunlin
    Calidris ferruginea, Curlew Sandpiper
    Calidris himantopus, Stilt Sandpiper
    Eurynorhynchus pygmeus, Spoonbill Sandpiper
    Limicola falcinellus, Broad-billed Sandpiper
    Tryngites subruficollis, Buff-breasted Sandpiper
    Philomachus pugnax, Ruff
    Limnodromus griseus, Short-billed Dowitcher
    Limnodromus scolopaceus, Long-billed Dowitcher
    Lymnocryptes minimus, Jack Snipe
    Gallinago gallinago, Common Snipe
    Gallinago stenura, Pin-tailed Snipe
    Gallinago megala, Swinhoe's Snipe
    Scolopax rusticola, Eurasian Woodcock
    Scolopax minor, American Woodcock
    Phalaropus tricolor, Wilson's Phalarope
    Phalaropus lobatus, Red-necked Phalarope
    Phalaropus fulicaria, Red Phalarope

Family LARIDAE

    Stercorarius pomarinus, Pomarine Jaeger
    Stercorarius parasiticus, Parasitic Jaeger
    Stercorarius longicaudus, Long-tailed Jaeger
    Catharacta skua, Great Skua
    Catharacta maccormicki, South Polar Skua
    Larus atricilla, Laughing Gull
    Larus pipixcan, Franklin's Gull
    Larus minutus, Little Gull

[[Page 22]]

    Larus ridibundus, Common Black-headed Gull
    Larus philadelphia, Bonaparte's Gull
    Larus heermanni, Heermann's Gull
    Larus canus, Mew Gull
    Larus delawarensis, Ring-billed Gull
    Larus californicus, California Gull
    Larus argentatus, Herring Gull
    Larus thayeri, Thayer's Gull
    Larus glaucoides, Iceland Gull
    Larus fuscus, Lesser Black-backed Gull
    Larus schistisagus, Slaty-backed Gull
    Larus livens, Yellow-footed Gull
    Larus occidentalis, Western Gull
    Larus glaucescens, Glaucous-winged Gull
    Larus hyperboreus, Glaucous Gull
    Larus marinus, Great Black-backed Gull
    Rissa tridactyla, Black-legged Kittiwake
    Rissa brevirostris, Red-legged Kittiwake
    Rhodostethia rosea, Ross' Gull
    Xema sabini, Sabine's Gull
    Pagophila eburnea, Ivory Gull
    Sterna nilotica, Gull-billed Tern
    Sterna caspia, Caspian Tern
    Sterna maxima, Royal Tern
    Sterna elegans, Elegant Tern
    Sterna sandvicensis, Sandwich Tern
    Sterna dougallii, Roseate Tern
    Sterna hirundo, Common Tern
    Sterna paradisaea, Arctic Tern
    Sterna aleutica, Aleutian Tern
    Sterna forsteri, Forster's Tern
    Sterna antillarum, Least Tern
    Sterna albifrons, Little Tern
    Sterna sumatrana, Black-naped Tern
    Sterna lunata, Gray-backed Tern
    Sterna anaethetus, Bridled Tern
    Sterna fuscata, Sooty Tern
    Chlidonias leucopterus, White-winged Tern
    Chlidonias niger, Black Tern
    Anous stolidus, Brown Noddy
    Anous minutus, Black Noddy
    Anous tenuirostris, Lesser Noddy
    Procelsterna cerulea, Blue-Gray Noddy
    Gygis alba, White Tern
    Rynchops niger, Black Skimmer

Family ALCIDAE

    Alle alle, Dovekie
    Uria aalge, Common Murre
    Uria lomvia, Thick-billed Murre
    Alca torda, Razorbill
    Cepphus grylle, Black Guillemot
    Cepphus columba, Pigeon Guillemot
    Brachyramphus marmoratus, Marbled Murrelet
    Brachyramphus brevirostris, Kittlitz's Murrelet
    Synthliboramphus hypoleucus, Xantus' Murrelet
    Synthliboramphus craveri, Craveri's Murrelet
    Synthliboramphus antiquus, Ancient Murrelet
    Ptychoramphus aleuticus, Cassin's Auklet
    Cyclorrhynchus psittacula, Parakeet Auklet
    Aethia pusilla, Least Auklet
    Aethia pygmaea, Whiskered Auklet
    Aethia cristatella, Crested Auklet
    Cerorhinca monocerata, Rhinoceros Auklet
    Fratercula cirrhata, Tufted Puffin
    Fratercula arctica, Atlantic Puffin
    Fratercula corniculata, Horned Puffin

Order COLUMBIFORMES

Family COLUMBIDAE

    Columba squamosa, Scaly-naped Pigeon
    Columba leucocephala, White-crowned Pigeon
    Columba flavirostris, Red-billed Pigeon
    Columba inornata, Plain Pigeon
    Columba fasciata, Band-tailed Pigeon
    Zenaida asiatica, White-winged Dove
    Zenaida aurita, Zenaida Dove
    Zenaida macroura, Mourning Dove
    Columbina inca, Inca Dove
    Columbina passerina, Common Ground-Dove
    Columbina talpacoti, Ruddy Ground-Dove
    Leptotila verreauxi, White-tipped Dove
    Geotrygon chrysia, Key West Quail-Dove
    Geotrygon mystacea, Bridled Quail-Dove
    Geotrygon montana, Ruddy Quail-Dove

Order CUCULIFORMES

Family CUCULIDAE

    Cuculus canorus, Common Cuckoo
    Cuculus saturatus, Oriental Cuckoo
    Cuculus fugax, Hodgson's Hawk-Cuckoo
    Coccyzus erythropthalmus, Black-billed Cuckoo
    Coccyzus americanus, Yellow-billed Cuckoo
    Coccyzus minor, Mangrove Cuckoo
    Geococcyx californianus, Greater Roadrunner
    Saurothera vieilloti, Puerto Rican Lizard-Cuckoo
    Crotophaga ani, Smooth-billed Ani
    Crotophaga sulcirostris, Groove-billed Ani

Order STRIGIFORMES

Family TYTONIDAE

    Tyto alba, Common Barn-Owl

Family STRIGIDAE

    Otus flammeolus, Flammulated Owl
    Otus asio, Eastern Screech-Owl
    Otus kennicottii, Western Screech-Owl
    Otus trichopsis, Whiskered Screech-Owl
    Otus nudipes, Puerto Rican Screech-Owl
    Bubo virginianus, Great Horned Owl
    Nyctea scandiaca, Snowy Owl
    Surnia ulula, Northern Hawk-Owl
    Glaucidium gnoma, Northern Pygmy-Owl
    Glaucidium brasilianum, Ferruginous Pygmy-Owl
    Micrathene whitneyi, Elf Owl
    Athene cunicularia, Burrowing Owl
    Strix occidentalis, Spotted Owl
    Strix varia, Barred Owl
    Strix nebulosa, Great Gray Owl
    Asio otus, Long-eared Owl
    Asio flammeus, Short-eared Owl
    Aegolius funereus, Boreal Owl
    Aegolius acadicus, Northern Saw-whet Owl

Order CAPRIMULGIFORMES


[[Page 23]]


Family CAPRIMULGIDAE

    Chordeiles acutipennis, Lesser Nighthawk
    Chordeiles minor, Common Nighthawk
    Chordeiles gundlachii, Antillean Nighthawk
    Nyctidromus albicollis, Common Pauraque
    Phalaenoptilus nuttallii, Common Poorwill
    Caprimulgus carolinensis, Chuck-will's-widow
    Caprimulgus ridgwayi, Buff-collared Nightjar
    Caprimulgus vociferus, Whip-poor-will
    Caprimulgus noctitherus, Puerto Rican Nightjar
    Caprimulgus indicus, Jungle Nightjar

Order APODIFORMES

Family APODIDAE

    Cypseloides niger, Black Swift
    Streptoprocne zonaris, White-collared Swift
    Chaetura pelagica, Chimney Swift
    Chaetura vauxi, Vaux's Swift
    Hirundapus caudacutus, White-throated Needletail
    Apus apus, Common Swift
    Apus pacificus, Fork-tailed Swift
    Aeronautes saxatalis, White-throated Swift
    Tachornis phoenicobia, Antillean Palm Swift

Family TROCHILIDAE

    Colibri thalassinus, Green Violet-ear
    Anthracothorax dominicus, Antillean Mango
    Anthracothorax viridis, Green Mango
    Eulampis holosericeus, Green-throated Carib
    Orthorhynchus cristatus, Antillean Crested Hummingbird
    Chlorostilbon maugaeus, Puerto Rican Emerald
    Cynanthus latirostris, Broad-billed Hummingbird
    Hylocharis leucotis, White-eared Hummingbird
    Amazilia beryllina, Berylline Hummingbird
    Amazilia yucatanensis, Buff-bellied Hummingbird
    Amazilia violiceps, Violet-crowned Hummingbird
    Lampornis clemenciae, Blue-throated Hummingbird
    Eugenes fulgens, Magnificent Hummingbird
    Heliomaster constantii, Plain-capped Starthroat
    Calliphlox evelynae, Bahama Woodstar
    Calothorax lucifer, Lucifer Hummingbird
    Archilochus colubris, Ruby-throated Hummingbird
    Archilochus alexandri, Black-chinned Hummingbird
    Calypte anna, Anna's Hummingbird
    Calypte costae, Costa's Hummingbird
    Stellula calliope, Calliope Hummingbird
    Selasphorus platycercus, Broad-tailed Hummingbird
    Selasphorus rufus, Rufous Hummingbird
    Selasphorus sasin, Allen's Hummingbird

Order TROGONIFORMES

Family TROGONIDAE

    Trogon elegans, Elegant Trogon
    Euptilotus neoxenus, Eared Trogon

Order CORACIIFORMES

Family UPUPIDAE

    Upupa epops, Hoopoe

Family ALCEDINIDAE

    Ceryle torquata, Ringed Kingfisher
    Ceryle alcyon, Belted Kingfisher
    Chloroceryle americana, Green Kingfisher

Order PICIFORMES

Family PICIDAE

    Jynx torquilla, Eurasian Wryneck
    Melanerpes lewis, Lewis' Woodpecker
    Melanerpes erythrocephalus, Red-headed Woodpecker
    Melanerpes formicivorus, Acorn Woodpecker
    Melanerpes uropygialis, Gila Woodpecker
    Melanerpes aurifrons, Golden-fronted Woodpecker
    Melanerpes carolinus, Red-bellied Woodpecker
    Melanerpes portoricensis, Puerto Rican Woodpecker
    Sphyrapicus varius, Yellow-bellied Sapsucker
    Sphyrapicus ruber, Red-breasted Sapsucker
    Sphyrapicus thyroideus, Williamson's Sapsucker
    Picoides scalaris, Ladder-Backed Woodpecker
    Picoides nuttallii, Nuttall's Woodpecker
    Picoides pubescens, Downy Woodpecker
    Picoides villosus, Hairy Woodpecker
    Picoides stricklandi, Strickland's Woodpecker
    Picoides borealis, Red-cockaded Woodpecker
    Picoides albolarvatus, White-headed Woodpecker
    Picoides tridactylus, Three-toed Woodpecker
    Picoides arcticus, Black-backed Woodpecker
    Colaptes auratus, Northern Flicker
    Dryocopus pileatus, Pileated Woodpecker
    Campephilus principalis, Ivory-billed Woodpecker

Order PASSERIFORMES

Family TYRANNIDAE

    Elaenia martinica, Caribbean Elaenia
    Camptostoma imberbe, Northern Beardless-Tyrannulet
    Contopus borealis, Olive-sided Flycatcher
    Contopus pertinax, Greater Pewee
    Contopus sordidulus, Western Wood-Pewee
    Contopus virens, Eastern Wood-Pewee
    Contopus latirostris, Lesser Antillean Pewee
    Empidonax flaviventris, Yellow-bellied Flycatcher
    Empidonax virescens, Acadian Flycatcher
    Empidonax alnorum, Alder Flycatcher
    Empidonax traillii, Willow Flycatcher
    Empidonax minimus, Least Flycatcher
    Empidonax hammondii, Hammond's Flycatcher
    Empidonax oberholseri, Dusky Flycatcher
    Empidonax wrightii, Gray Flycatcher

[[Page 24]]

    Empidonax difficilis, Western Flycatcher
    Empidonax fulvifrons, Buff-breasted Flycatcher
    Sayornis nigricans, Black Phoebe
    Sayornis phoebe, Eastern Phoebe
    Sayornis saya, Say's Phoebe
    Pyrocephalus rubinus, Vermilion Flycatcher
    Myiarchus tuberculifer, Dusky-capped Flycatcher
    Myiarchus cinerascens, Ash-throated Flycatcher
    Myiarchus nuttingi, Nutting's Flycatcher
    Myiarchus crinitus, Great Crested Flycatcher
    Myiarchus tyrannulus, Brown-crested Flycatcher
    Myiarchus antillarum, Puerto Rican Flycatcher
    Pitangus sulphuratus, Great Kiskadee
    Myiodynastes luteiventris, Sulpher-bellied Flycatcher
    Tyrannus melancholicus, Tropical Kingbird
    Tyrannus couchii, Couch's Kingbird
    Tyrannus vociferans, Cassin's Kingbird
    Tyrannus crassirostris, Thick-billed Kingbird
    Tyrannus verticalis, Western Kingbird
    Tyrannus tyrannus, Eastern Kingbird
    Tyrannus dominicensis, Gray Kingbird
    Tyrannus caudifasciatus, Loggerhead Kingbird
    Tyrannus forficatus, Scissor-tailed Flycatcher
    Tyrannus savana, Fork-tailed Flycatcher
    Pachyramphus aglaiae, Rose-throated Becard

Family ALAUDIDAE

    Alauda arvensis, Eurasian Skylark
    Eremophila alpestris, Horned Lark

Family HIRUNDINIDAE

    Progne subis, Purple Martin
    Progne cryptoleuca, Cuban Martin
    Progne dominicensis, Caribbean Martin
    Progne chalybea, Gray-breasted Martin
    Tachycineta bicolor, Tree Swallow
    Tachycineta thalassina, Violet-green Swallow
    Tachycineta cyaneoviridis, Bahama Swallow
    Stelgidopteryx serripennis, Northern Rough-winged Swallow
    Riparia riparia, Bank Swallow
    Hirundo pyrrhonota, Cliff Swallow
    Hirundo fulva, Cave Swallow
    Hirundo rustica, Barn Swallow
    Delichon urbica, Common House-Martin

Family CORVIDAE

    Perisoreus canadensis, Gray Jay
    Cyanocitta stelleri, Steller's Jay
    Cyanocitta cristata, Blue Jay
    Cyanocorax yncas, Green Jay
    Cyanocorax morio, Brown Jay
    Aphelocoma coerulescens, Scrub Jay
    Aphelocoma ultramarina, Gray-breasted Jay
    Gymnorhinus cyanocephalus, Pinyon Jay
    Nucifraga columbiana, Clark's Nutcracker
    Pica pica, Black-billed Magpie
    Pica nuttalli, Yellow-billed Magpie
    Corvus brachyrhynchos, American Crow
    Corvus caurinus, Northwestern Crow
    Corvus leucognaphalus, White-necked Crow
    Corvus imparatus, Mexican Crow
    Corvus ossifragus, Fish Crow
    Corvus hawaiiensis, Hawaiian Crow
    Corvus cryptoleucus, Chihuahuan Raven
    Corvus corax, Common Raven

Family PARIDAE

    Parus atricapillus, Black-capped Chickadee
    Parus carolinensis, Carolina Chickadee
    Parus sclateri, Mexican Chickadee
    Parus gambeli, Mountain Chickadee
    Parus cinctus, Siberian Tit
    Parus hudsonicus, Boreal Chickadee
    Parus rufescens, Chestnut-backed Chickadee
    Parus wollweberi, Bridled Titmouse
    Parus inornatus, Plain Titmouse
    Parus bicolor, Tufted Titmouse

Family REMIZIDAE

    Auriparus flaviceps, Verdin

Family AEGITHALIDAE

    Psaltriparus minimus, Bushtit

Family SITTIDAE

    Sitta canadensis, Red-breasted Nuthatch
    Sitta carolinensis, White-breasted Nuthatch
    Sitta pygmaea, Pygmy Nuthatch
    Sitta pusilla, Brown-headed Nuthatch

Family CERTHIIDAE

    Certhia americana, Brown Creeper

Family TROGLODYTIDAE

    Campylorhynchus brunneicapillus, Cactus Wren
    Salpinctes obsoletus, Rock Wren
    Catherpes mexicanus, Canyon Wren
    Thryothorus ludovicianus, Carolina Wren
    Thryomanes bewickii, Bewick's Wren
    Troglodytes aedon, House Wren
    Troglodytes troglodytes, Winter Wren
    Cistothorus platensis, Sedge Wren
    Cistothorus palustris, Marsh Wren

Family CINCLIDAE

    Cinclus mexicanus, American Dipper

Family MUSCICAPIDAE

Subfamily SYLVIINAE

    Locustella ochotensis, Middendorff's Grasshopper-Warbler
    Phylloscopus borealis, Arctic Warbler
    Phylloscopus trochilus, Willow Warbler
    Regulus satrapa, Golden-crowned Kinglet
    Regulus calendula, Ruby-crowned Kinglet
    Polioptila caerulea, Blue-gray Gnatcatcher
    Polioptila melanura, Black-tailed Gnatcatcher
    Polioptila nigriceps, Black-capped Gnatcatcher

Subfamily MUSCICAPINAE

    Muscicapa griseisticta, Gray-spotted Flycatcher

[[Page 25]]

    Muscicapa narcissina, Narcissus Flycatcher

Subfamily TURDINAE

    Luscinia calliope, Siberian Rubythroat
    Luscinia svecica, Bluethroat
    Monticola solitarius, Blue Rock Thrush
    Oenanthe oenanthe, Northern Wheatear
    Sialis sialis, Eastern Bluebird
    Sialis mexicana, Western Bluebird
    Sialis currucoides, Mountain Bluebird
    Myadestes townsendi, Townsend's Solitaire
    Phaeornis obscurus, Hawaiian Thrush
    Phaeornis palmeri, Small Kauai Thrush
    Catharus fuscescens, Veery
    Catharus minimus, Gray-cheeked Thrush
    Catharus ustulatus, Swainson's Thrush
    Catharus guttatus, Hermit Thrush
    Hylocichla mustelina, Wood Thrush
    Turdus plumbeus, Red-legged Thrush
    Turdus obscurus, Eye-browed Thrush
    Turdus naumanni, Dusky Thrush
    Turdus pilaris, Fieldfare
    Turdus grayi, Clay-colored Robin
    Turdus rufopalliatus, Rufous-backed Robin
    Turdus migratorius, American Robin
    Ixoreus naevius, Varied Thrush
    Ridgwayia pinicola, Aztec Thrush

Family MIMIDAE

    Dumetella carolinensis, Gray Catbird
    Mimus polyglottos, Northern Mockingbird
    Oreoscoptes montanus, Sage Thrasher
    Toxostoma rufum, Brown Thrasher
    Toxostoma longirostre, Long-billed Thrasher
    Toxostoma bendirei, Bendire's Thrasher
    Toxostoma curvirostre, Curve-billed Thrasher
    Toxostoma redivivum, California Thrasher
    Toxostoma crissale, Crissal Thrasher
    Toxostoma lecontei, Le Conte's Thrasher
    Margarops fuscatus, Pearly-eyed Thrasher

Family PRUNELLIDAE

    Prunella montanella, Siberian Accentor

Family MOTACILLIDAE

    Motacilla flava, Yellow Wagtail
    Motacilla cinerea, Gray Wagtail
    Motacilla alba, White Wagtail
    Motacilla lugens, Black-backed Wagtail
    Anthur hodgsoni, Olive Tree-Pipit
    Anthus gustavi, Pechora Pipit
    Anthus cervinus, Red-throated Pipit
    Anthus spinoletta, Water Pipit
    Anthus spragueii, Sprague's Pipit

Family BOMBYCILLIDAE

    Bombycilla garrulus, Bohemian Waxwing
    Bombycilla cedrorum, Cedar Waxwing

Family PTILOGONATIDAE

    Phainopepla nitens, Phainopepla

Family LANIIDAE

    Lanius excubitor, Northern Shrike
    Lanius ludovicianus, Loggerhead Shrike

Family STURNIDAE

    Sturnus philippensis, Violet-backed Starling
    Sturnus cineraceus, Ashy Starling

Family VIREONIDAE

    Vireo griseus, White-eyed Vireo
    Vireo latimeri, Puerto Rican Vireo
    Vireo bellii, Bells' Vireo
    Vireo atricapillus, Black-capped Vireo
    Vireo vicinior, Gray Vireo
    Vireo solitarius, Solitary Vireo
    Vireo flavifrons, Yellow-throated Vireo
    Vireo huttoni, Hutton's Vireo
    Vireo gilvus, Warbling Vireo
    Vireo philadelphicus, Philadelphia Vireo
    Vireo olivaceus, Red-eyed Vireo
    Vireo altiloquus, Black-whiskered Vireo

Family EMBERIZIDAE

Subfamily PARULINAE

    Vermivora bachmanii, Bachman's Warbler
    Vermivora pinus, Blue-winged Warbler
    Vermivora chrysoptera, Golden-winged Warbler
    Vermivora peregrina, Tennessee Warbler
    Vermivora celata, Orange-crowned Warbler
    Vermivora ruficapilla, Nashville Warbler
    Vermivora virginiae, Virginia's Warbler
    Vermivora crissalis, Colima Warbler
    Vermivora luciae, Lucy's Warbler
    Parula americana, Northern Parula
    Parula pitiayumi, Tropical Parula
    Dendroica petechia, Yellow Warbler
    Dendroica pensylvanica, Chestnut-sided Warbler
    Dendroica magnolia, Magnolia Warbler
    Dendroica tigrina, Cape May Warbler
    Dendroica caerulescens, Black-throated Blue Warbler
    Dendroica coronata, Yellow-rumped Warbler
    Dendroica nigrescens, Black-throated Gray Warbler
    Dendroica townsendi, Townsend's Warbler
    Dendroica occidentalis, Hermit Warbler
    Dendroica virens, Black-throated Green Warbler
    Dendroica chrysoparia, Golden-cheeked Warbler
    Dendroica fusca, Blackburnian Warbler
    Dendroica dominica, Yellow-throated Warbler
    Dendroica graciae, Grace's Warbler
    Dendroica adelaidae, Adelaide's Warbler
    Dendroica pinus, Pine Warbler
    Dendroica kirtlandii, Kirtland's Warbler
    Dendroica discolor, Prairie Warbler
    Dendroica palmarum, Palm Warbler
    Dendroica castanea, Bay-breasted Warbler
    Dendroica striata, Blackpoll Warbler
    Dendroica cerulea, Cerulean Warbler
    Dendroica angelae, Elfin Woods Warbler
    Mniotilta varia, Black-and-White Warbler
    Setophaga ruticilla, American Redstart
    Protonotaria citrea, Prothonotary Warbler
    Helmitheros vermivorus, Worm-eating Warbler
    Limnothlypis swainsonii, Swainson's Warbler
    Seiurus aurocapillus, Ovenbird
    Seiurus noveboracensis, Northern Waterthrush
    Seiurus motacilla, Louisiana Waterthrush

[[Page 26]]

    Oporornis formosus, Kentucky Warbler
    Oporornis agilis, Connecticut Warbler
    Oporornis philadelphia, Mourning Warbler
    Oporornis tolmiei, MacGillivray's Warbler
    Geothlypis trichas, Common Yellowthroat
    Geothlypis poliocephala, Gray-crowned Yellowthroat
    Wilsonia citrina, Hooded Warbler
    Wilsonia pusilla, Wilson's Warbler
    Wilsonia canadensis, Canada Warbler
    Cardellina rubrifrons, Red-faced Warbler
    Myioborus pictus, Painted Redstart
    Myioborus miniatus, Slaty-throated Redstart
    Basileuterus culicivorus, Golden-crowned Warbler
    Basileuterus rufifrons, Rufous-capped Warbler
    Icteria virens, Yellow-breasted Chat
    Peucedramus taeniatus, Olive Warbler

Subfamily THRAUPINAE

    Spindalis zena, Stripe-headed Tanager
    Neospingus speculiferus, Puerto Rican Tanager
    Piranga flava, Hepatic Tanager
    Piranga rubra, Summer Tanager
    Piranga olivacea, Scarlet Tanager
    Piranga ludoviciana, Western Tanager
    Euphonia musica, Antillean Euphonia

Subfamily CARDINALINAE

    Rhodothraupis celaeno, Crimson-collared Grosbeak
    Cardinalis cardinals, Northern Cardinal
    Cardinalis sinuatus, Pyrrhuloxia
    Pheucticus chrysopeplus, Yellow Grosbeak
    Pheucticus ludovicianus, Rose-breasted Grosbeak
    Pheucticus melanocephalus, Black-headed Grosbeak
    Guiraca caerulea, Blue Grosbeak
    Passerina amoena, Lazuli Bunting
    Passerina cyanea, Indigo Bunting
    Passerina versicolor, Varied Bunting
    Passerina ciris, Painted Bunting
    Spiza americana, Dickcissel

Subfamily EMBERIZINAE

    Arremonops rufivirgatus, Olive Sparrow
    Pipilo chlorurus, Green-tailed Towhee
    Pipilo erythrophthalmus, Rufous-sided Towhee
    Pipilo fuscus, Brown Towhee
    Pipilo aberti, Abert's Towhee
    Sporophila torqueola, White-collared Seedeater
    Tiaris olivacea, Yellow-faced Grassquit
    Tiaris bicolor, Black-faced Grassquit
    Loxigilla portoricensis, Puerto Rican Bullfinch
    Aimophila aestivalis, Bachman's Sparrow
    Aimophila botterii, Botteri's Sparrow
    Aimophila cassinii, Cassin's Sparrow
    Aimophila carpalis, Rufous-winged Sparrow
    Aimophila ruficeps, Rufous-crowned Sparrow
    Spizella arborea, American Tree Sparrow
    Spizella passerina, Chipping Sparrow
    Spizella pallida, Clay-colored Sparrow
    Spizella breweri, Brewer's Sparrow
    Spizella pusilla, Field Sparrow
    Spizella wortheni, Worthen's Sparrow
    Spizella atrogularis, Black-chinned Sparrow
    Pooecetes gramineus, Vesper Sparrow
    Chondestes grammacus, Lark Sparrow
    Amphispiza bilineata, Black-throated Sparrow
    Amphispiza belli, Sage Sparrow
    Amphispiza quinquestriata, Five-striped Sparrow
    Calamospiza melanocorys, Lark Bunting
    Passerculus sandwichensis, Savannah Sparrow
    Ammodramus bairdii, Baird's Sparrow
    Ammodramus savannarum, Grasshopper Sparrow
    Ammodramus henslowii, Henslow's Sparrow
    Ammodramus leconteii, Le Conte's Sparrow
    Ammodramus caudacutus, Sharp-tailed Sparrow
    Ammodramus maritimus, Seaside Sparrow
    Passerella iliaca, Fox Sparrow
    Melosipza melodia, Song Sparrow
    Melospiza lincolnii, Lincoln's Sparrow
    Melospiza georgiana, Swamp Sparrow
    Zonotrichia albicollis, White-throated Sparrow
    Zonotrichia atricapilla, Golden-crowned Sparrow
    Zonotrichia leucophrys, White-crowned Sparrow
    Zonotrichia querula, Harris' Sparrow
    Junco hyemalis, Dark-eyed Junco
    Junco phaeonotus, Yellow-eyed Junco
    Emberiza rustica, Rustic Bunting
    Emberiza pallasi, Pallas' Reed-Bunting
    Emberiza schoeniculus, Common Reed-Bunting
    Calcarius mccownii, McCown's Longspur
    Calcarius lapponicus, Lapland Longspur
    Calcarius pictus, Smith's Longspur
    Calcarius ornatus, Chestnut-collared Longspur
    Plectrophenax nivalis, Snow Bunting
    Plectrophenax hyperboreus, McKay's Bunting

Subfamily ICTERINAE

    Dolichonyx oryzivorus, Bobolink
    Agelaius phoeniceus, Red-winged Blackbird
    Agelaius tricolor, Tricolored Blackbird
    Agelaius humeralis, Tawny-shouldered Blackbird
    Agelaius xanthomus, Yellow-shouldered Blackbird
    Sturnella magna, Eastern Meadowlark
    Sturnella neglecta, Western Meadowlark
    Xanthocephalus xanthocephalus, Yellow-headed Blackbird
    Euphagus carolinus, Rusty Blackbird
    Euphagus cyanocephalus, Brewer's Blackbird
    Quiscalus mexicanus, Great-tailed Grackle
    Quiscalus major, Boat-tailed Grackle

[[Page 27]]

    Quiscalus quiscula, Common Grackle
    Quiscalus niger, Greater Antillean Grackle
    Molothrus bonariensis, Shiny Cowbird
    Molothrus aeneus, Bronzed Cowbird
    Molothrus ater, Brown-headed Cowbird
    Icterus dominicensis, Black-cowled Oriole
    Icterus wagleri, Black-vented Oriole
    Icterus spurius, Orchard Oriole
    Icterus cucullatus, Hooded Oriole
    Icterus pustulatus, Streak-backed Oriole
    Icterus gularis, Altamira Oriole
    Icterus graduacauda, Audubon's Oriole
    Icterus galbula, Northern Oriole
    Icterus parisorum, Scott's Oriole

Family FRINGILLIDAE

Subfamily FRINGILLINAE

    Fringilla montifringilla, Brambling

Subfamily CARDUELINAE

    Leucosticte arctoa, Rosy Finch
    Pinicola enucleator, Pine Grosbeak
    Carpodacus erythrinus, Common Rosefinch
    Carpodacus purpureus, Purple Finch
    Carpodacus cassinii, Cassin's Finch
    Carpodacus mexicanus, House Finch
    Loxia curvirostra, Red Crossbill
    Loxia leucoptera, White-winged Crossbill
    Carduelis flammea, Common Redpoll
    Carduelis hornemanni, Hoary Redpoll
    Carduelis pinus, Pine Siskin
    Carduelis psaltria, Lesser Goldfinch
    Carduelis lawrencei, Lawrence's Goldfinch
    Carduelis tristis, American Goldfinch
    Carduelis sinica, Oriental Greenfinch
    Pyrrhula pyrrhula, Eurasian Bullfinch
    Coccothraustes vespertinus, Evening Grosbeak
    Coccothraustes coccothraustes, Hawfinch

[50 FR 13710, Apr. 5, 1985]



                          Subpart C--Addresses



Sec. 10.21  Director.

    (a) Mail forwarded to the Director for law enforcement purposes 
should be addressed: Chief, Division of Law Enforcement, U.S. Fish and 
Wildlife Service, P.O. Box 3247, Arlington, VA 22203-3247.
    (b) Mail sent to the Director regarding permits for the Convention 
on International Trade in Endangered Species of Wild Fauna and Fauna 
(CITES), injurious wildlife, Wild Bird Conservation Act species, 
international movement of all ESA-listed endangered or threatened 
species, and scientific research on, exhibition of, or interstate 
commerce in nonnative ESA-listed endangered and threatened species 
should be addressed to: Director, U.S. Fish and Wildlife Service, 
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 
700, Arlington, VA 22203. Address mail for the following permits to the 
Regional Director. In the address include one of the following: for 
import/export licenses and exception to designated port permits 
(Attention: Import/export license); for native endangered and threatened 
species (Attention: Endangered/threatened species permit); and for 
migratory birds and eagles (Attention: Migratory bird permit office). 
You can find addresses for regional offices at 50 CFR 2.2.

[55 FR 48851, Nov. 23, 1990, as amended at 63 FR 52633, Oct. 1, 1998]



Sec. 10.22  Law enforcement offices.

    Service law enforcement offices and their areas of responsibility 
follow. Mail should be addressed: ``Assistant Regional Director, 
Division of Law Enforcement, U.S. Fish and Wildlife Service, 
(appropriate address below)'':

              Areas of Responsibility and Office Addresses

California, Hawaii, Idaho. Nevada, Oregon, Washington, American Samoa, 
          Guam, the Marshall Islands, Northern Mariana Islands, and the 
          Trust Territory of the Pacific Islands (District 1):
  Eastside Federal Complex, 911 N.E. 11th. Avenue, Portland, OR 97232-
          4181, Telephone: 503-231-6125.
Arizona, New Mexico, Oklahoma, and Texas (District 2):
  P.O. Box 329, Albuquerque, NM 87103, Telephone: 505-766-2091
Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Ohio, and 
          Wisconsin (District 3):
  P.O. Box 45--Federal Building, Ft. Snelling, Twin Cities, MN 55111, 
          Telephone: 612-725-3530.
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, 
          North Carolina, South Carolina, Tennessee, Puerto Rico, and 
          the Virgin Islands (District 4):
  P.O. Box 4839, Atlanta, GA 30302, Telephone: 404-331-5872
Connecticut, Delaware, District of Columbia, Maine, Maryland, 
          Massachusetts, New Hampshire, New Jersey, New York, 
          Pennsylvania, Rhode Island, Vermont, Virginia, and West 
          Virginia (District 5):
  P.O. Box 129, New Town Branch, Boston, MA 02258, Telephone: 617-965-
          2298
Colorado, Kansas, Montana, Nebraska, North Dakota, South Dakota, Utah, 
          and Wyoming (District 6):

[[Page 28]]

  P.O. Box 25486, Denver Federal Center, Denver, CO 80225, Telephone: 
          303-236-7540
Alaska (District 7):
  P.O. Box 92597, Anchorage, AK 99509-2597, Telephone: 907-786-3311
Any foreign country (Washington Office):
  P.O. Box 3247, Arlington, VA 22203-3247, Telephone: 703-358-1949.

(Pub. L. 97-79, 95 Stat. 1072; 16 U.S.C. 3371-3378)

[48 FR 1313, Jan. 12, 1983; 48 FR 37040, Aug. 16, 1983, as amended at 49 
FR 31291, Aug. 6, 1984; 51 FR 23551, June 30, 1986; 53 FR 6649, Mar. 2, 
1988; 55 FR 48851, Nov. 23, 1990]



PART 11--CIVIL PROCEDURES--Table of Contents




                         Subpart A--Introduction

Sec.
11.1  Purpose of regulations.
11.2  Scope of regulations.
11.3  Filing of documents.

                     Subpart B--Assessment Procedure

11.11  Notice of violation.
11.12  Petition for relief.
11.13  Decision by the Director.
11.14  Notice of assessment.
11.15  Request for a hearing.
11.16  Final administrative decision.
11.17  Payment of final assessment.

                Subpart C--Hearing and Appeal Procedures

11.21  Commencement of hearing procedures.
11.22  Appearance and practice.
11.23  Hearings.
11.24  Final administrative action.
11.25  Appeal.
11.26  Reporting service.

    Authority: Lacey Act, 83 Stat. 279-281, 18 U.S.C. 42-44; Lacey Act 
Amendments of 1981, 95 Stat. 1073-1080, 16 U.S.C. 3371 et seq.; Bald 
Eagle Protection Act, sec. 2, 54 Stat. 251, 16 U.S.C. 668a; Endangered 
Species Act of 1973, sec. 11(f), 87 Stat. 884, 16 U.S.C. 1540(f); Marine 
Mammal Protection Act of 1972, sec. 112(a), 86 Stat. 1042, 16 U.S.C. 
1382.

    Source: 39 FR 1159, Jan. 4, 1974, unless otherwise noted.



                         Subpart A--Introduction



Sec. 11.1  Purpose of regulations.

    The regulations contained in this part provide uniform rules and 
procedures for the assessment of civil penalties in connection with 
violations of certain laws and regulations enforced by the Service.



Sec. 11.2  Scope of regulations.

    The regulations contained in this part apply only to actions arising 
under the following laws and regulations issued thereunder:

Lacey Act, 18 U.S.C. 43;
Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.;
Bald Eagle Protection Act, 16 U.S.C. 668-668d;
Endangered Species Act of 1973, 87 Stat. 884, 16 U.S.C. 1531 et seq.; 
and Marine Mammal Protection Act of 1972, 16 U.S.C. 1361-1384 and 1401-
1407.

[47 FR 56860, Dec. 21, 1982]



Sec. 11.3  Filing of documents.

    (a) Whenever a document or other paper is required to be filed under 
this part within a certain time, such document or paper will be 
considered filed as of the date of the postmark if mailed, or the date 
actually delivered to the office where filing is required. The time 
periods set forth in this part shall begin to run as of the day 
following the date of the document or other paper.
    (b) If an oral or written application is made to the Director up to 
10 calendar days after the expiration of a time period established in 
this part for the required filing of documents or other papers, the 
Director may permit a late filing within a fixed period where reasonable 
grounds are found for an inability or failure to file within the time 
period required. All such extensions shall be in writing. Except as 
provided in this subsection, no other requests for an extension of time 
may be granted.



                     Subpart B--Assessment Procedure



Sec. 11.11  Notice of violation.

    (a) A notice of violation (hereinafter ``notice''), shall be issued 
by the Director and served personally or by registered or certified 
mail, return receipt requested, upon the person believed to be subject 
to a civil penalty (the respondent). The notice shall contain: (1) A 
concise statement of the facts believed to show a violation, (2) a 
specific reference to the provisions of the statute or regulation 
allegedly violated, and (3) the amount of penalty proposed to be 
assessed. The notice may also

[[Page 29]]

contain an initial proposal for compromise or settlement of the case. 
The notice shall also advise the respondent of his right to file a 
petition for relief pursuant to Sec. 11.12, or to await the Director's 
notice of assessment.
    (b) The respondent shall have 45 days from the date of the notice of 
violation in which to respond. During this time he may:
    (1) Undertake informal discussions with the Director;
    (2) Accept the proposed penalty, or the compromise, if any, offered 
in the notice;
    (3) File a petition for relief; or
    (4) Take no action, and await the Director's decision, pursuant to 
Sec. 11.13.
    (c) Acceptance of the proposed penalty or the compromise shall be 
deemed to be a waiver of the notice ef assessment required by 
Sec. 11.14, and of the opportunity for a hearing. Any counter offer of 
settlement shall be deemed a rejection of the proposed offer of 
compromise.



Sec. 11.12  Petition for relief.

    If the respondent so chooses he may ask that no penalty be assessed 
or that the amount be reduced, and he may admit or contest the legal 
sufficiency of the charge and the Director's allegations of facts, by 
filing a petition for relief (hereinafter ``petition'') with the 
Director at the address specified in the notice within 45 days of the 
date thereof. The petition shall be in writing and signed by the 
respondent. If the respondent is a corporation, the petition must be 
signed by an officer authorized to sign such documents. It must set 
forth in full the legal or other reasons for the relief.



Sec. 11.13  Decision by the Director.

    Upon expiration of the period required or granted for filing of a 
petition for relief, the Director shall proceed to make an assessment of 
a civil penalty, taking into consideration information available to him 
and such showing as may have been made by the respondent, either 
pursuant to Sec. 11.11 or Sec. 11.12, or upon further request of the 
Director.



Sec. 11.14  Notice of assessment.

    The Director shall notify the respondent by a written notice of 
assessment, by personal service or by registered or certified mail, 
return receipt requested, of his decision pursuant to Sec. 11.13. He 
shall set forth therein the facts and conclusions upon which he decided 
that the violation did occur and appropriateness of the penalty 
assessed.



Sec. 11.15  Request for a hearing.

    Except where a right to request a hearing is deemed to have been 
waived as provided in Sec. 11.11, the respondent may, within 45 calendar 
days from the date of the notice of assessment referred to in 
Sec. 11.14, file a dated, written request for a hearing with the 
Hearings Division, Office of Hearings and Appeals, U.S. Department of 
the Interior, 4015 Wilson Boulevard, Arlington, Virginia 22203. The 
request should state the respondent's preference as to the place and 
date for a hearing. The request must enclose a copy of the notice of 
violation and notice of assessment. A copy of the request shall be 
served upon the Director personally or by registered or certified mail, 
return receipt requested, at the address specified in the notice.



Sec. 11.16  Final administrative decision.

    (a) Where no request for a hearing is filed as provided in 
Sec. 11.15 the Director's assessment shall become effective and shall 
constitute the final administrative decision of the Secretary on the 
45th calendar day from the date of the notice of assessment.
    (b) If a request for a hearing is timely filed in accordance with 
Sec. 11.15, the date of the final administrative decision in the matter 
shall be as provided in subpart C of this part.



Sec. 11.17  Payment of final assessment.

    When a final administrative decision becomes effective in accordance 
with this part 11, the respondent shall have 20 calendar days from the 
date of the final administrative decision within which to make full 
payment of the penalty assessed. Payment will be timely only if received 
in Office of the Director during normal business hours, on or

[[Page 30]]

before the 20th day. Upon a failure to pay the penalty, the Solicitor of 
the Department may request the Attorney General to institute a civil 
action in the U.S. District Court to collect the penalty.



                Subpart C--Hearing and Appeal Procedures



Sec. 11.21  Commencement of hearing procedures.

    Proceedings under this subpart are commenced upon the timely filing 
with the Hearings Division of a request for a hearing, as provided in 
Sec. 11.15 of subpart B. Upon receipt of a request for a hearing, the 
Hearings Division will assign an administrative law judge to the case. 
Notice of assignment will be given promptly to the parties, and 
thereafter, all pleadings, papers, and other documents in the proceeding 
shall be filed directly with the administrative law judge, with copies 
served on the opposing party.



Sec. 11.22  Appearance and practice.

    (a) Subject to the provisions of 43 CFR 1.3, the respondent may 
appear in person, by representative, or by counsel, and may participate 
fully in these proceedings.
    (b) Department counsel designated by the Solicitor of the Department 
shall represent the Director in these proceedings. Upon notice to the 
Director of the assignment of an administrative law judge to the case, 
said counsel shall enter his appearance on behalf of the Director and 
shall file all petitions and correspondence exchanged by the Director 
and the respondent pursuant to subpart B of this part, which shall 
become part of the hearing record. Thereinafter, service upon the 
Director in these proceedings shall be made to his counsel.



Sec. 11.23  Hearings.

    (a) The administrative law judge shall have all powers accorded by 
law and necessary to preside over the parties and the proceedings and to 
make decisions in accordance with 5 U.S.C. 554-557. Failure to appear at 
the time set for hearing shall be deemed a waiver of the right to a 
hearing and consent to the making of a decision on the record made at 
the hearing. Copies of the transcript may be inspected or copied.
    (b) The transcript of testimony, the exhibits, and all papers, 
documents, and requests filed in the proceedings, shall constitute the 
record for decision. The judge will render a written decision upon the 
record, which shall set forth his findings of fact and conclusions of 
law, and the reasons and basis therefor, and an assessment of a penalty, 
if any.



Sec. 11.24  Final administrative action.

    Unless a notice of request for an appeal is filed in accordance with 
Sec. 11.25 of this subpart C, the administrative law judge's decision 
shall constitute the final administrative determination of the Secretary 
in the matter and shall become effective 30 calendar days from the date 
of the decision.



Sec. 11.25  Appeal.

    (a) Either the respondent or the Director may seek an appeal from 
the decision of an administrative law judge rendered subsequent to 
January 1, 1974, by the filing of a ``Notice of Request for Appeal'' 
with the Director, Office of Hearings and Appeals, U.S. Department of 
the Interior, 4015 Wilson Boulevard, Arlington, Virginia 22203, within 
30 calendar days of the date of the administrative law judge's decision. 
Such notice shall be accompanied by proof of service on the 
administrative law judge and the opposing party.
    (b) 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 subpart G 
of the Department Hearings and Appeals Procedures in 43 CFR part 4 shall 
apply to appeal proceedings under this subpart. 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 proceeding on the 
date it is rendered, unless otherwise specified therein.

[[Page 31]]



Sec. 11.26  Reporting service.

    Copies of decisions in civil penalty proceedings instituted under 
statutes referred to in subpart A of this part and rendered subsequent 
to June 3, 1970, may be obtained by letter of request addressed to the 
Director, Office of Hearings and Appeals, U.S. Department of the 
Interior, 4015 Wilson Boulevard, Arlington, Virginia 22203. Fees for 
this service shall be as established by the Director of that Office.



PART 12--SEIZURE AND FORFEITURE PROCEDURES--Table of Contents




                      Subpart A--General Provisions

Sec.
12.1  Purpose of regulations.
12.2  Scope of regulations.
12.3  Definitions.
12.4  Filing of documents.
12.5  Seizure by other agencies.
12.6  Bonded release.

                   Subpart B--Preliminary Requirements

12.11  Notification of seizure.
12.12  Appraisement.

                    Subpart C--Forfeiture Proceedings

12.21  Criminal prosecutions.
12.22  Civil actions to obtain forfeiture.
12.23  Administrative forfeiture proceedings.
12.24  Petition for remission of forfeiture.
12.25  Transfers in settlement of civil penalty claims.

         Subpart D--Disposal of Forfeited or Abandoned Property

12.30  Purpose.
12.31  Accountability.
12.32  Effect of prior illegality.
12.33  Disposal.
12.34  Return to the wild.
12.35  Use by the Service or transfer to another government agency for 
          official use.
12.36  Donation or loan.
12.37  Sale.
12.38  Destruction.
12.39  Information on property available for disposal.

    Subpart E--Restoration of Proceeds and Recovery of Storage Costs

12.41  Petition for restoration of proceeds.
12.42  Recovery of certain storage costs.

                      Subpart F--Return of Property

12.51  Return procedure.

    Authority: Act of September 6, 1966, 5 U.S.C. 301; Bald and Golden 
Eagles Protection Act, 16, U.S.C. 668-668b; National Wildlife Refuge 
System Administration Act, 16 U.S.C. 668dd(e)-(f); Migratory Bird Treaty 
Act, 16 U.S.C. 704, 706-707, 712; Migratory Bird Hunting and 
Conservation Stamp Act, 16 U.S.C. 718f-718g; Fish and Wildlife Act of 
1956 [Airborne Hunting Amendments], 16 U.S.C. 742j-l(d)-(f); Black Bass 
Act, 16 U.S.C. 852d-853; Marine Mammal Protection Act of 1972, 16 U.S.C. 
1375-1377, 1382; Endangered Species Act of 1973, 16 U.S.C. 1540; Lacey 
Act, 18 U.S.C. 43, 44; Lacey Act Amendments of 1981, 95 Stat. 1073-1080, 
16 U.S.C. 3371 et seq.; Tariff Act of 1930, 19 U.S.C. 1602-1624; Fish 
and Wildlife Improvement Act of 1978, 16 U.S.C. 742l; Exotic Organisms, 
E.O. 11987, 42 FR 26949; American Indian Religious Freedom Act, 42 
U.S.C. 1996.

    Source: 45 FR 17864, Mar. 19, 1980, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 12.1  Purpose of regulations.

    The regulations of this part establish procedures relating to 
property seized or subject to forfeiture under various laws enforced by 
the Service.



Sec. 12.2  Scope of regulations.

    Except as hereinafter provided, the regulations of this part apply 
to all property seized or subject to forfeiture under any of the 
following laws:
    (a) The Eagle Protection Act, 16 U.S.C. 668 et seq.;
    (b) The National Wildlife Refuge System Administration Act, 16 
U.S.C. 668dd et seq.;
    (c) The Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.;
    (d) The Migratory Bird Hunting Stamp Act, 16 U.S.C. 718 et seq.;
    (e) The Airborne Hunting Act, 16 U.S.C. 742j-1;
    (f) The Black Bass Act, 16 U.S.C. 851 et seq.;
    (g) The Marine Mammal Protection Act, 16 U.S.C. 1361 et seq.;
    (h) The Endangered Species Act, 16 U.S.C. 1531 et seq.; and
    (i) The Lacey Act, 18 U.S.C. 43-44.
    (j) The Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.

[45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 
FR 56860, Dec. 21, 1982]

[[Page 32]]



Sec. 12.3  Definitions.

    (a) As used in this part:
    (1) Attorney General means the Attorney General of the United States 
or an authorized representative;
    (2) Disposal includes, but is not limited to, remission, return to 
the wild, use by the Service or transfer to another government agency 
for official use, donation or loan, sale, or destruction.
    (3) Domestic value means the price at which the seized property or 
similar property is freely offered for sale at the time and place of 
appraisement, in the same quantity or quantities as seized, and in the 
oridinary course of trade. If there is no market for the seized property 
at the place of appraisement, such value in the principal market nearest 
to the place of appraisement shall be reported.
    (4) Solicitor means the Solicitor of the Department of the Interior 
or an authorized representative.
    (b) The definitions of paragraph (a) of this section are in addition 
to, and not in lieu of, those contained in Secs. 1.1 through 1.8 and 
10.12 of this title.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 17525, Apr. 23, 1982]



Sec. 12.4  Filing of documents.

    (a) Whenever any document is required by this part to be filed or 
served within a certain period of time, such document will be considered 
filed or served as of the date of receipt by the party with or upon whom 
filing or service is required. The time periods established by this part 
shall begin to run on the day following the date of filing or service.
    (b) If an oral or written application is made before the expiration 
of a time period established by this part, an extension of such period 
for a fixed number of days may be granted where there are reasonable 
grounds for the failure to file or serve the document within the period 
required. Any such extension shall be in writing. Except as provided in 
this paragraph, no other requests for an extension shall be granted.



Sec. 12.5  Seizure by other agencies.

    Any authorized employee or officer of any other Federal agency who 
has seized any wildlife or other property under any of the laws listed 
in Sec. 12.2 will, if so requested, deliver such seizure to the 
appropriate Special Agent in Charge designated in Sec. 10.22 of this 
title, or to an authorized designee, who shall either hold such seized 
wildlife or other property or arrange for its proper handling and care.



Sec. 12.6  Bonded release.

    (a) Subject to the conditions set forth in paragraphs (b) and (c) of 
this section, and to such additional conditions as may be appropriate, 
the Service, in its discretion, may accept an appearance bond or other 
security (including, but not limited to, payment of the value as 
determined under Sec. 12.12) in place of any property seized under the 
Endangered Species Act, 16 U.S.C. 1531 et seq.; Marine Mammal Protection 
Act, 16 U.S.C. 1361 et seq.; Lacey Act, 18 U.S.C. 43; Lacey Act 
Amendments of 1981, 16 U.S.C. 3371 et seq.; Airborne Hunting Act, 16 
U.S.C. 742j-1; or Eagle Protection Act, 16 U.S.C. 668 et seq.
    (b) Property may be released under this section only to the owner or 
consignee.
    (c) Property may be released under this section only if possession 
thereof will not violate or frustrate the purpose or policy of any 
applicable law or regulation.

[45 FR 17864, Mar. 19, 1980; 45 FR 31725, May 14, 1980, as amended at 47 
FR 56860, Dec. 21, 1982]



                   Subpart B--Preliminary Requirements



Sec. 12.11  Notification of seizure.

    Except where the owner or consignee is personally notified or 
seizure is made pursuant to a search warrant, the Service shall, as soon 
as practicable following the seizure or other receipt of seized wildlife 
or other property, mail a notification of seizure by registered or 
certified mail, return receipt requested, to the owner or consignee, if 
known or easily ascertainable. Such notification shall describe the 
seized wildlife or other property, and shall

[[Page 33]]

state the time, place, and reason for the seizure.



Sec. 12.12  Appraisement.

    The Service shall determine the value of any cargo, of a vessel or 
other conveyance employed in unlawful taking, seized under the Marine 
Mammal Protection Act, 16 U.S.C. 1361 et seq., and the value of any 
property seized under the Endangered Species Act, 16 U.S.C. 1531 et 
seq.; Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne Hunting Act, 
16 U.S.C. 742j-1, et seq.; or the Lacey Act Amendments of 1981, 16 
U.S.C. 3371 et seq. If the seized property may lawfully be sold in the 
United States, its domestic value shall be determined in accordance with 
Sec. 12.3. If the seized property may not lawfully be sold in the United 
States, its value shall be determined by other reasonable means.

[47 FR 56860, Dec. 21, 1982]



                    Subpart C--Forfeiture Proceedings



Sec. 12.21  Criminal prosecutions.

    If property is subject to criminal forfeiture, such forfeiture will 
be obtained in accordance with the Federal Rules of Criminal Procedure.



Sec. 12.22  Civil actions to btain forfeiture.

    The Solicitor may request the Attorney General to file a civil 
action to obtain forfeiture of any property subject to forfeiture under 
the Airborne Hunting Act, 16 U.S.C. 742j-1; Lacey Act, 18 U.S.C. 43-44; 
Lacey Act Amendments of 1981, 16 U.S.C. 3371 et seq.; Black Bass Act, 16 
U.S.C. 851 et seq.; Marine Mammal Protection Act, 16 U.S.C. 1361 et 
seq.; Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.; Migratory Bird 
Hunting Stamp Act, 16 U.S.C. 718 et seq.; Eagle Protection Act, 16 
U.S.C. 668 et seq.; or Endangered Species Act, 16 U.S.C. 1531 et seq.. 
Before any such action is filed against property subject to forfeiture 
under the Lacey Act, 18 U.S.C 43, or against property, other than the 
cargo of a vessel or other conveyance employed in unlawful taking, 
subject to forfeiture under the Marine Mammal Protection Act, 16 U.S.C. 
1361 et seq., a civil penalty must first be assessed in accordance with 
the statute and applicable regulations, and no such action may be filed 
more than 30 days after the conclusion of civil penalty assessment 
proceedings.

[47 FR 56860, Dec. 21, 1982]



Sec. 12.23  Administrative forfeiture proceedings.

    (a) When authorized. Whenever any property subject to forfeiture 
under the Eagle Protection Act, 16 U.S.C. 668 et seq., or Airborne 
Hunting Act, 16 U.S.C. 742j-1, or any wildlife or plant subject to 
forfeiture under the Endangered Species Act, 16 U.S.C. 1531 et seq., or 
any fish, wildlife or plant subject to forfeiture under the Lacey Act 
Amendments of 1981, 16 U.S.C. 3371 et seq., is determined under 
Sec. 12.12 to have a value not greater than $100,000, the Solicitor may 
obtain forfeiture of such property in accordance with this section.
    (b) Procedure--(1) Notice of proposed forfeiture. As soon as 
practicable following seizure, the Solicitor shall issue a notice of 
proposed forfeiture.
    (A) Publication. The notice shall be published once a week for at 
least three successive weeks in a newspaper of general circulation in 
the locality where the property was seized. If the value of the seized 
property as determined under Sec. 12.12 does not exceed $1000, the 
notice may be published by posting, instead of newspaper publication, 
for at least three successive weeks in a conspicuous place accessible to 
the public at the Service's enforcement office, the U.S. District Court 
or the U.S. Customhouse nearest the place of seizure. In cases of 
posting, the date of initial posting shall be indicated on the notice. 
In addition to newspaper publication or posting, a reasonable effort 
shall be made to serve the notice personally or by registered or 
certified mail, return receipt requested, on each person whose 
whereabouts and interest in the seized property are known or easily 
ascertainable.
    (B) Contents. The notice shall be in substantially the same form as 
a complaint for forfeiture filed in United States District Court. The 
notice shall describe the property, including, in the case of motor 
vehicles, the license, registration, motor, and serial numbers. The 
notice shall state the time and place of seizure, as well as the reason

[[Page 34]]

therefor, and shall specify the value of the property as determined 
under Sec. 12.12. The notice shall contain a specific reference to the 
provisions of the laws or regulations allegedly violated and under which 
the property is subject to forfeiture. The notice shall state that any 
person desiring to claim the property must file a claim and a bond in 
accordance with paragraph (b)(2) of this section, and shall state that 
if a proper claim and bond are not received by the proper office within 
the time prescribed by such paragraph, the property will be declared 
forfeited to the United States and disposed of according to law. The 
notice shall also advise interested persons of their right to file a 
petition for remission of forfeiture in accordance with Sec. 12.24.
    (2) Filing a claim and bond. Upon issuance of the notice of proposed 
forfeiture, any person claiming the seized property may file with the 
Solicitor's office indicated in the notice a claim to the property and a 
bond in the penal sum of $5,000, or ten per centum of the value of the 
claimed property, whichever is lower, but not less than $250. Any claim 
and bond must be received in such office within 30 days after the date 
of first publication or posting of the notice of proposed forfeiture. 
The claim shall state the claimant's interest in the property. The bond 
filed with the claim shall be on a United States Customs Form 4615 or on 
a similar form provided by the Department. There shall be endorsed on 
the bond a list or schedule in substantially the following form which 
shall be signed by the claimant in the presence of the witnesses to the 
bond, and attested by the witnesses:

    List or schedule containing a particular description of seized 
article, claim for which is covered by the within bond, to wit:
_______________________________________________________________________
_______________________________________________________________________
    The foregoing list is correct.

Claimant ____________________
    Attest: ____________________


The claim and bond referred to in this paragraph shall not entitle the 
claimant or any other person to possession of the property.
    (3) Transmittal to Attorney General. As soon as practicable after 
timely receipt by the proper office of a proper claim and bond in 
accordance with paragraph (b)(2) of this section, the Solicitor shall 
transmit such claim and bond to the Attorney General for institution of 
forfeiture proceedings in U.S. District Court.
    (4) Motion for stay. Upon issuance of the notice of proposed 
forfeiture, any person claiming the seized property may file with the 
Solicitor's regional or field office indicated in the notice a motion to 
stay administrative forfeiture proceedings. Any motion for stay must be 
filed within 30 days after the date of first publication or posting of 
the notice of the proposed forfeiture. Each motion must contain:
    (i) The claimant's verified statement showing that he or she holds 
absolute, fee simple title to the seized property, free and clear of all 
liens, encumbrances, security interests, or other third-party interests, 
contingent or vested; and (ii) the claimant's offer to pay in advance 
all reasonable costs anticipated to be incurred in the storage, care, 
and maintenance of the seized property for which administrative 
forfeiture is sought. Where a stay of administrative forfeiture 
proceedings would not injure or impair the rights of any third parties 
and where the claimant has agreed to pay in advance anticipated, 
reasonable storage costs associated with the granting of a stay, the 
Regional or Field Solicitor as appropriate may, in his discretion, grant 
the motion for stay and specify reasonable and prudent conditions 
therefor, including but not limited to the duration of the stay, a 
description of the factors which would automatically terminate the stay, 
and any requirement for a bond (including amount) to secure the payment 
of storage and other maintenance costs. If a motion for stay is denied, 
or if a stay is terminated for any reason, the claimant must file, if he 
or she has not already done so, a claim and bond in accordance with 
paragraph (b)(2) of this section not later than 30 days after receipt of 
the Solicitor's Office denial or termination order. Failure to file the 
claim and bond within 30 days will result in summary foreiture under 
paragraph (c) of this section.
    (c) Summary forfeiture. If a proper claim and bond are not received 
by the

[[Page 35]]

proper office within 30 days as specified in paragraph (b)(2) of this 
section, the Solicitor shall declare the property forfeited. The 
declaration of forfeiture shall be in writing, and shall be sent by 
registered or certified mail, return receipt requested, to the Service 
and to each person whose whereabouts and prior interest in the seized 
property are known or easily ascertainable. The declaration shall be in 
substantially the same form as a default judgment of forfeiture entered 
in United States District Court. The declaration shall describe the 
property and state the time, place, and reason for its seizure. The 
declaration shall identify the notice of proposed forfeiture, describing 
the dates and manner of publication of the notice and any efforts made 
to serve the notice personally or by mail. The declaration shall state 
that in response to the notice a proper claim and bond were not timely 
received by the proper office from any claimant, and that therefore all 
potential claimants are deemed to admit the truth of the allegations of 
the notice. The declaration shall conclude with an order of condemnation 
and forfeiture of the property to the United States for disposition 
according to law.

[45 FR 17864, Mar. 19, 1980, as amended at 46 FR 44759, Sept. 8, 1981; 
47 FR 56860, Dec. 21, 1982; 50 FR 6350, Feb. 15, 1985]



Sec. 12.24  Petition for remission of forfeiture.

    (a) Any person who has an interest in cargo, of a vessel or other 
conveyance employed in unlawful taking, subject to forfeiture under the 
Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., or any person who 
has an interest in any property subject to forfeiture under the 
Endangered Species Act, 16 U.S.C. 1531 et seq.; Eagle Protection Act, 16 
U.S.C. 668 et seq.; Airborne Hunting Act, 16 U.S.C. 742j-1; or the Lacey 
Act Amendments of 1981, 16 U.S.C. 3371 et seq., or any person who has 
incurred or is alleged to have incurred a forfeiture of any such 
property, may file with the Solicitor or, when forfeiture proceedings 
have been brought in U.S. District Court, the Attorney General, a 
petition for remission of forfeiture.
    (b) A petition filed with the Solicitor need not be in any 
particular form, but it must be received before disposition of the 
property and must contain the following:
    (1) A description of the property;
    (2) The time and place of seizure;
    (3) Evidence of the petitioner's interest in the property, including 
contracts, bills of sale, invoices, security interests, certificates of 
title, and other satisfactory evidence; and
    (4) A statement of all facts and circumstances relied upon by the 
petitioner to justify remission of the forfeiture.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a corporation, the 
petition must be signed by an authorized officer, supervisory employee, 
or attorney at law, and the corporate seal shall be properly affixed to 
the signature.
    (d) A false statement in the petition may subject the petitioner to 
prosecution under title 18, U.S. Code, section 1001.
    (e) Upon receiving the petition, the Solicitor shall decide whether 
or not to grant relief. In making a decision, the Solicitor shall 
consider the information submitted by the petitioner, as well as any 
other available information relating to the matter.
    (f) If the Solicitor finds the existence of such mitigating 
circumstances as to justify remission or mitigation of the forfeiture or 
alleged forfeiture, the Solicitor may remit or mitigate the same upon 
such terms and conditions as may be reasonable and just or may order 
discontinuance of any proceeding under Sec. 12.23
    (g) If the Solicitor decides that relief should not be granted, the 
Solicitor shall so notify the petitioner in writing, stating in the 
notification the reasons for denying relief. The petitioner may then 
file a supplemental petition, but no supplemental petition shall be 
considered unless it is received within 60 days from the date of the 
Solicitor's notification denying the original petition.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]

[[Page 36]]



Sec. 12.25  Transfers in settlement of civil penalty claims.

    In the discretion of the Solicitor, an owner of wildlife or plants 
who may be liable for civil penalty under the Endangered Species Act, 16 
U.S.C. 1531 et seq.; Lacey Act, 18 U.S.C. 43; Lacey Act Amendments of 
1981, 16 U.S.C. 3371 et seq.; Eagle Protection Act, 16 U.S.C. 668 et 
seq.; or Marine Mammal Protection Act, 16 U.S.C. 1361 et seq., may be 
given an opportunity to completely or partially settle the civil penalty 
claim by transferring to the United States all right, title, and 
interest in any wildlife or plants that are subject to forfeiture. Such 
transfer may be accomplished by the owner's execution and return of a 
U.S. Customs Form 4607 or a similar compromise transfer of property 
instrument provided by the Department.

[47 FR 56861, Dec. 21, 1982]



         Subpart D--Disposal of Forfeited or Abandoned Property

    Source: 47 FR 17525, Apr. 23, 1982, unless otherwise noted.



Sec. 12.30  Purpose.

    Upon forfeiture or abandonment of any property to the United States 
under this part the Director shall dispose of such property under the 
provisions of this subpart D.



Sec. 12.31  Accountability.

    All property forfeited or abandoned under this part must be 
accounted for in official records. These records must include the 
following information:
    (a) A description of the item.
    (b) The date and place of the item's seizure (if any) and forfeiture 
or abandonment.
    (c) The investigative case file number with which the item was 
associated.
    (d) The name of any person known to have or to have had an interest 
in the item.
    (e) The date, place, and manner of the item's initial disposal.
    (f) Name of the official responsible for the initial disposal.
    (g) Domestic value of the property.



Sec. 12.32  Effect of prior illegality.

    The effect of any prior illegality on a subsequent holder of any 
wildlife or plant disposed of or subject to disposal is terminated upon 
forfeiture or abandonment, but the prohibitions, restrictions, 
conditions, or requirements which apply to a particular species of 
wildlife or plant under the laws or regulations of the United States or 
any State, including any applicable conservation, health, quarantine, 
agricultural, or Customs laws or regulations remain in effect as to the 
conduct of such holder.



Sec. 12.33  Disposal.

    (a) The Director shall dispose of any wildlife or plant forfeited or 
abandoned under the authority of this part, subject to the restrictions 
provided in this subpart, by one of the following means, unless the item 
is the subject of a petition for remission of forfeiture under 
Sec. 12.24 of this part, or disposed of by court order:
    (1) Return to the wild;
    (2) Use by the Service or transfer to another government agency for 
official use;
    (3) Donation or loan;
    (4) Sale; or
    (5) Destruction.

In the exercise of the disposal authority, the Director ordinarily must 
dispose of any wildlife or plant in the order in which the disposal 
methods appear in this paragraph (a) of this section.
    (b) The Director shall dispose of any other property forfeited or 
abandoned under the authority of this part (including vehicles, vessels, 
aircraft, cargo, guns, nets, traps, and other equipment), except 
wildlife or plants, in accordance with current Federal Property 
Management Regulations (41 CFR chapter 101) and Interior Property 
Management Regulations (41 CFR chapter 114), unless the item is the 
subject of a petition for remission of forfeiture under Sec. 12.24 of 
this part, or disposed of by court order.
    (c) The Director shall dispose of property according to the 
following schedule, unless the property is the subject of a petition for 
remission of forfeiture under Sec. 12.24 of this part:

[[Page 37]]

    (1) Any live wildlife or plant and any wildlife or plant that the 
Director determines is liable to perish, deteriorate, decay, waste, or 
greatly decrease in value by keeping, or that the expense of keeping is 
disproportionate to its value may be disposed of immediately after 
forfeiture or abandonment; and
    (2) All other property may be disposed of no sooner than 60 days 
after forfeiture or abandonment.
    (d) If the property is the subject of a petition for remission of 
forfeiture under Sec. 12.24 of this part, the Director may not dispose 
of the property until the Solicitor or Attorney General makes a final 
decision not to grant relief.



Sec. 12.34  Return to the wild.

    (a) Any live member of a native species of wildlife which is capable 
of surviving may be released to the wild in suitable habitat within the 
historical range of the species in the United States with the permission 
of the landowner, unless release poses an imminent danger to public 
health or safety.
    (b) Any live member of a native species of plant which is capable of 
surviving may be transplanted in suitable habitat on Federal or other 
protected lands within the historical range of the species in the United 
States with the permission of the landowner.
    (c) Any live member of an exotic species of wildlife (including 
injurious wildlife) or plant may not be returned to the wild in the 
U.S., but may be returned to one of the following countries for return 
to suitable habitat in accordance with the provisions of Sec. 12.35 of 
this part if it is capable of surviving:
    (1) The country of export (if known) after consultation with and at 
the expense of the country of export, or
    (2) A country within the historic range of the species which is 
party to the Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (TIAS 8249) after consultation with and at the 
expense of such country.



Sec. 12.35  Use by the Service or transfer to another government agency for official use.

    (a) Wildlife and plants may be used by the Service or transferred to 
another government agency (including foreign agencies) for official use 
including, but not limited to, one or more of the following purposes:
    (1) Training government officials to perform their official duties;
    (2) Identifying protected wildlife or plants, including forensic 
identification or research;
    (3) Educating the public concerning the conservation of wildlife or 
plants;
    (4) Conducting law enforcement operations in performance of official 
duties;
    (5) Enhancing the propagation or survival of a species or other 
scientific purposes;
    (6) Presenting as evidence in a legal proceeding involving the 
wildlife or plant; or
    (7) Returning to the wild in accordance with Sec. 12.34 of this 
part.
    (b) Each transfer and the terms of the transfer must be documented.
    (c) The agency receiving the wildlife or plants may be required to 
bear all costs of care, storage, and transportation in connection with 
the transfer from the date of seizure to the date of delivery.



Sec. 12.36  Donation or loan.

    (a) Except as otherwise provided in this section, wildlife and 
plants may be donated or loaned for scientific, educational, or public 
display purposes to any person who demonstrates the ability to provide 
adequate care and security for the item.
    (b) Any donation or loan may be made only after execution of a 
transfer document between the Director and the donee/borrower, which is 
subject to the following conditions:
    (1) The purpose for which the wildlife or plants are to be used must 
be stated on the transfer document;
    (2) Any attempt by the donee/borrower to use the donation or loan 
for any other purpose except that stated on the transfer document 
entitles the Director to immediate repossession of the wildlife or 
plants;

[[Page 38]]

    (3) The donee/borrower must pay all costs associated with the 
transfer, including the costs of care, storage, transportation, and 
return to the Service (if applicable);
    (4) The donee/borrower may be required to account periodically for 
the donation or loan;
    (5) The donee/borrower is not relieved from the prohibitions, 
restrictions, conditions, or requirements which may apply to a 
particular species of wildlife or plant imposed by the laws or 
regulations of the United States or any State, including any applicable 
health, quarantine, agricultural, or Customs laws or regulations.
    (6) Any attempt by a donee to retransfer the donation during the 
time period specified in the transfer document within which the donee 
may not retransfer the donation without the prior authorization of the 
Director entitles the Director to immediate repossession of the wildlife 
or plants;
    (7) Any attempt by a borrower to retransfer the loan without the 
prior authorization of the Director entitles the Director to immediate 
repossession of the wildlife or plants;
    (8) Subject to applicable limitations of law, duly authorized 
Service officers at all reasonable times shall, upon notice, be afforded 
access to the place where the donation or loan is kept and an 
opportunity to inspect it;
    (9) Any donation is subject to conditions specified in the transfer 
document, the violation of which causes the property to revert to the 
United States;
    (10) Any loan is for an indefinite period of time unless a date on 
which the loan must be returned to the Service is stated on the transfer 
document; and
    (11) Any loan remains the property of the United States, and the 
Director may demand its return at any time.
    (c) Wildlife and plants may be donated to individual American 
Indians for the practice of traditional American Indian religions. Any 
donation of the parts of bald or golden eagles to American Indians may 
only be made to individuals authorized by permit issued in accordance 
with Sec. 22.22 of this title to possess such items.
    (d) Edible wildlife, fit for human consumption, may be donated to a 
non-profit, tax-exempt charitable organization for use as food, but not 
for barter or sale.
    (e) Wildlife and plants may be loaned to government agencies 
(including foreign agencies) for official use. Each transfer and the 
terms of the transfer must be documented.



Sec. 12.37  Sale.

    (a) Wildlife and plants may be sold or offered for sale, except any 
species which at the time it is to be sold or offered for sale falls 
into one of the following categories:
    (1) Listed in Sec. 10.13 of this title as a migratory bird protected 
by the Migratory Bird Treaty Act (16 U.S.C. 703-712);
    (2) Protected under the Eagle Protection Act (16 U.S.C. 668-668d);
    (3) Listed in Sec. 23.33 of this title as ``Appendix I'' under the 
Convention on International Trade in Endangered Species of Wild Fauna 
and Flora;
    (4) Listed in Sec. 17.11 of this title as ``endangered'' or 
``threatened'' under the Endangered Species Act of 1973 (16 U.S.C. 
1533), unless the item or species may be lawfully traded in interstate 
commerce; and
    (5) Protected under the Marine Mammal Protection Act (16 U.S.C. 
1361-1407), unless the item or species may be lawfully traded in 
interstate commerce.
    (b) Wildlife and plants must be sold in accordance with current 
Federal Property Management Regulations (41 CFR chapter 101) and 
Interior Property Management Regulations (41 CFR chapter 114) or U.S. 
Customs laws and regulations, except the Director may sell any wildlife 
or plant immediately for its fair market value if the Director 
determines that it is liable to perish, deteriorate, decay, waste, or 
greatly decrease in value by keeping, or that the expense of keeping it 
is disproportionate to its value.
    (c) Wildlife or plants which may not be possessed lawfully by 
purchasers under the laws of the State where held may be moved to a 
State where possession is lawful and may be sold.
    (d) Wildlife or plants purchased at sale are subject to the 
prohibitions, restrictions, conditions, or requirements which apply to a 
particular species of wildlife or plant imposed by the laws or

[[Page 39]]

regulations of the United States or any State, including any applicable 
conservation, health, quarantine, agricultural, or Customs laws or 
regulations, except as provided by Sec. 12.32 of this part.
    (e) The Director may use the proceeds of sale to reimburse the 
Service for any costs which by law the Service is authorized to recover 
or to pay any rewards which by law may be paid from sums the Service 
receives.



Sec. 12.38  Destruction.

    (a) Wildlife and plants not otherwise disposed of must be destroyed.
    (b) When destroyed, the fact, manner, and date of destruction and 
the type and quantity destroyed must be certified by the official 
actually destroying the items.



Sec. 12.39  Information on property available for disposal.

    Persons interested in obtaining information on property which is 
available for disposal should contact the appropriate Special Agent in 
Charge listed in Sec. 10.22 of this title.



    Subpart E--Restoration of Proceeds and Recovery of Storage Costs



Sec. 12.41  Petition for restoration of proceeds.

    (a) Any person claiming any property or interest therein which has 
been forfeited under the Endangered Species Act, 16 U.S.C. 1531 et seq.; 
Eagle Protection Act, 16 U.S.C. 668 et seq.; Airborne Hunting Act, 16 
U.S.C. 742j-1; or the Lacey Act Amendments of 1981, 16 U.S.C. 3371 et 
seq., and sold according to law, or any person claiming cargo or an 
interest therein, of a vessel or other conveyance employed in unlawful 
taking which has been forfeited under the Marine Mammal Protection Act, 
16 U.S.C. 1361 et seq., and sold according to law, may file with the 
Solicitor or, where forfeiture proceedings have been brought in U.S. 
District Court, the Attorney General, a petition for restoration of 
proceeds.
    (b) A petition filed with the Solicitor need not be in any 
particular form, but it must be received within three months after the 
date of sale of the property and must contain the following:
    (1) A description of the property;
    (2) The time and place of seizure;
    (3) Evidence of the petitioner's interest in the property, including 
contracts, bills of sale, invoices, security interests, certificates of 
title, and other satisfactory evidence;
    (4) A request for restoration of the proceeds or such part thereof 
as is claimed by the petitioner; and
    (5) A statement of all facts and circumstances relied upon by the 
petitioner to justify restoration of the proceeds, including proof that 
the petitioner did not know of the seizure before the declaration or 
order of forfeiture and was in such circumstances as prevented the 
petitioner from knowing of the same.
    (c) The petition shall be signed by the petitioner or the 
petitioner's attorney at law. If the petitioner is a corporation, the 
petition must be signed by an authorized officer, supervisory employee, 
or attorney at law, and the corporate seal shall be properly affixed to 
the signature.
    (d) A false statement in the petition may subject the petitioner to 
prosecution under title 18, U.S. Code, section 1001.
    (e) Upon receiving the petition, the Solicitor shall decide whether 
or not to grant relief. In making a decision, the Solicitor shall 
consider the information submitted by the petitioner, as well as any 
other available information relating to the matter.
    (f) If the Solicitor finds the existence of such mitigating 
circumstances as to justify restoration of the proceeds or any part 
thereof and that the petitioner did not know of the seizure before the 
declaration or order of forfeiture and was in such circumstances as 
prevented the petitioner from knowing of the same, the Solicitor may 
order the proceeds or any part thereof restored to the petitioner, after 
deducting from such proceeds the costs of seizure, storage, forfeiture 
and disposition, the duties, if any, accruing on the seized property, 
and any sum due on a lien for freight, charges, or contribution in 
general average, notice of which has been filed with the Solicitor 
according to law.

[[Page 40]]

    (g) If the Solicitor decides that relief should not be granted, the 
Solicitor shall so notify the petitioner in writing, stating in the 
notification the reasons for denying relief. The petitioner may then 
file a supplemental petition, but no supplemental petition shall be 
considered unless it is received within 60 days from the date of the 
Solicitor's notification denying the original petition.

[45 FR 17864, Mar. 19, 1980, as amended at 47 FR 56861, Dec. 21, 1982]



Sec. 12.42  Recovery of certain storage costs.

    If any wildlife, plant, or evidentiary item is seized and forfeited 
under the Endangered Species Act, 16 U.S.C. 1531 et seq., any person 
whose act or omission was the basis for the seizure may be charged a 
reasonable fee for expenses to the United States connected with the 
transfer, board, handling, or storage of such property. If any fish, 
wildlife or plant is seized in connection with a violation of the Lacey 
Act Amendments of 1981, 16 U.S.C. 3371, et seq., any person convicted 
thereof, or assessed a civil penalty therefor, may be assessed a 
reasonable fee for expenses of the United States connected with the 
storage, care and maintenance of such property. Within a reasonable time 
after forfeiture, the Service shall send to such person by registered or 
certified mail, return receipt requested, a bill for such fee. The bill 
shall contain an itemized statement of the applicable costs, together 
with instructions on the time and manner of payment. Payment shall be 
made in accordance with the bill. The recipient of any assessment of 
costs under this section who has an objection to the reasonableness of 
the costs described in the bill may, within 30 days of the date on which 
he received the bill, file written objections with the Regional Director 
of the Fish and Wildlife Service for the Region in which the seizure 
occurred. Upon receipt of the written objections, the appropriate 
Regional Director will promptly review them and within 30 days mail his 
final decision to the party who filed objections. In all cases, the 
Regional Director's decision shall constitute final administrative 
action on the matter.

[47 FR 56861, Dec. 21, 1982]



                      Subpart F--Return of Property



Sec. 12.51  Return procedure.

    If, at the conclusion of the appropriate proceedings, seized 
property is to be returned to the owner or consignee, the Solicitor or 
Service shall issue a letter or other document authorizing its return. 
This letter or other document shall be delivered personally or sent by 
registered or certified mail, return receipt requested, and shall 
identify the owner or consignee, the seized property, and, if 
appropriate, the bailee of the seized property. It shall also provide 
that upon presentation of the letter or other document and proper 
identification, and the signing of a receipt provided by the Service, 
the seized property is authorized to be released, provided it is 
properly marked in accordance with applicable State or Federal 
requirements.



PART 13--GENERAL PERMIT PROCEDURES--Table of Contents




                         Subpart A--Introduction

Sec.
13.1  General.
13.2  Purpose of regulations.
13.3  Scope of regulations.
13.4  Emergency variation from requirements.
13.5  Information collection requirements.

                   Subpart B--Application for Permits

13.11  Application procedures.
13.12  General information requirements on applications for permits.

                    Subpart C--Permit Administration

13.21  Issuance of permits.
13.22  Renewal of permits.
13.23  Amendment of permits.
13.24  Right of succession by certain persons.
13.25  Transfer of permits and scope of permit authorization.
13.26  Discontinuance of permit activity.
13.27  Permit suspension.
13.28  Permit revocation.
13.29  Review procedures.

                          Subpart D--Conditions

13.41  Humane conditions.

[[Page 41]]

13.42  Permits are specific.
13.43  Alteration of permits.
13.44  Display of permit.
13.45  Filing of reports.
13.46  Maintenance of records.
13.47  Inspection requirement.
13.48  Compliance with conditions of permit.
13.49  Surrender of permit.
13.50  Acceptance of liability.

    Authority: 16 U.S.C. 668a, 704, 712, 742j-1, 1382, 1538(d), 1539, 
1540(f), 3374, 4901-4916; 18 U.S.C. 42; 19 U.S.C. 1202; E.O. 11911, 41 
FR 15683; 31 U.S.C. 9701.

    Source: 39 FR 1161, Jan. 4, 1974, unless otherwise noted.



                         Subpart A--Introduction



Sec. 13.1  General.

    Each person intending to engage in an activity for which a permit is 
required by this subchapter B shall, before commencing such activity, 
obtain a valid permit authorizing such activity. Each person who desires 
to obtain the permit privileges authorized by this subchapter must make 
application for such permit in accordance with the requirements of this 
part 13 and the other regulations in this subchapter which set forth the 
additional requirements for the specific permits desired. If the 
activity for which permission is sought is covered by the requirements 
of more than one part of this subchapter, the requirements of each part 
must be met. If the information required for each specific permitted 
activity is included, one application will be accepted for all permits 
required, and a single permit will be issued.



Sec. 13.2  Purpose of regulations.

    The regulations contained in this part provide uniform rules, 
conditions, and procedures for the application for and the issuance, 
denial, suspension, revocation, and general administration of all 
permits issued pursuant to this subchapter B.

[54 FR 38147, Sept. 14, 1989]



Sec. 13.3  Scope of regulations.

    The provisions in this part are in addition to, and are not in lieu 
of, other permit regulations of this subchapter and apply to all permits 
issued thereunder, including ``Import and Marking'' (part 14), ``Feather 
Imports'' (part 15), ``Injurious Wildlife'' (part 16), ``Endangered 
Wildlife and Plants'' (part 17), ``Marine Mammals'' (part 18), 
``Migratory Birds'' (part 21), ``Eagles'' (part 22) and ``Endangered 
Species Convention'' (part 23). As used in this part 13, the term 
``permit'' shall refer to either a license, permit, or certificate as 
the context may require.

[42 FR 10465, Feb. 22, 1977, as amended at 42 FR 32377, June 24, 1977; 
45 FR 56673, Aug. 25, 1980]



Sec. 13.4  Emergency variation from requirements.

    The Director may approve variations from the requirements of this 
part when he finds that an emergency exists and that the proposed 
variations will not hinder effective administration of this subchapter 
B, and will not be unlawful.



Sec. 13.5  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 13 under 44 U.S.C. and 
assigned OMB Control Number 1018-0092. The Service may not conduct or 
sponsor, and you are not required to respond, to a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and make decisions, according to criteria 
established in various Federal wildlife conservation statutes and 
regulations, on the issuance, suspension, revocation, or denial permits. 
You must respond to obtain or retain a permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 15 minutes to 4 hours per response, with an 
average of 0.803 hours per response, including time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the forms. Direct comments regarding the burden estimate or 
any other aspect of these reporting requirements to the Service 
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and 
Wildlife Service, Washington, DC 20240, or the Office of

[[Page 42]]

Management and Budget, Paperwork Reduction Project (1018-0092), 
Washington, DC 20603.

[63 FR 52634, Oct. 1, 1998]



                   Subpart B--Application for Permits



Sec. 13.11  Application procedures.

    The Service may not issue a permit for any activity authorized by 
this subchapter B unless the applicant has filed an application in 
accordance with the following procedures. Applicants do not have to 
submit a separate application for each permit unless otherwise required 
by this subchapter.
    (a) Forms. Applications must be submitted in writing on a Federal 
Fish and Wildlife License/Permit Application (Form 3-200) or as 
otherwise specifically directed by the Service.
    (b) Forwarding instructions. Applications for permits in the 
following categories should be forwarded to the issuing office indicated 
below.
    (1) Migratory bird banding permits (50 CFR 21.22)--Bird Banding 
Laboratory, Office of Migratory Bird Management, U.S. Fish and Wildlife 
Service, Laurel, Maryland 20708. (Special application forms must be used 
for bird banding permits. They may be obtained by writing to the Bird 
Banding Laboratory).
    (2) Exception to designated port (50 CFR part 14), import/export 
license (50 CFR 14.93), migratory bird permit, other than banding (50 
CFR part 21) and Bald or Golden eagle permits (50 CFR part 22)--
Assistant Regional Director for Law Enforcement of District in which the 
applicant resides (see 50 CFR 10.22 for addresses and boundaries of the 
Law Enforcement Districts).
    (3) Feather quota (50 CFR part 15), injurious wildlife (50 CFR part 
16), endangered and threatened species (50 CFR part 17), marine mammal 
(50 CFR part 18) and permits and certificates for the Convention on 
International Trade in Endangered Species (CITES) (50 CFR part 23)--U.S. 
Fish and Wildlife Service, Federal Wildlife Permit Office, P.O. Box 
3654, Arlington, Virginia 22203.
    (c) Time notice. The Service will process all applications as 
quickly as possible. However, it cannot guarantee final action within 
the time limits the applicant requests. Applicants for endangered 
species and marine mammal permits should submit applications to the 
Office of Management Authority which are postmarked at least 90 calendar 
days prior to the requested effective date. Applicants for all other 
permits should submit applications to the issuing office which are 
postmarked at least 60 days prior to the requested effective date.
    (d) Fees. (1) Unless otherwise exempted by this paragraph, 
applicants for issuance or renewal of permits must pay the required 
permit processing fee at the time of application. Applicants should pay 
fees by check or money order made payable to ``U.S. Fish and Wildlife 
Service.'' The Service will not refund any application fee under any 
circumstances if the Service has processed the application. However, the 
Service may return the application fee if the applicant withdraws the 
application before the Service has significantly processed it.
    (2) Except as provided in paragraph (d)(4) of this section the fee 
for processing any application is $25.00. If regulations in this 
subchapter require more than one type of permit for an activity, and the 
permits are issued by the same office, the issuing office may issue one 
consolidated permit authorizing the activity. The issuing office may 
charge only the highest single fee for the activity permitted.
    (3) A fee shall not be charged to any Federal, State or local 
government agency, nor to any individual or institution under contract 
to such agency for the proposed activities. The fee may be waived or 
reduced for public institutions (see 50 CFR 10.12). Proof of such status 
must accompany the application.
    (4) Nonstandard fees.

------------------------------------------------------------------------
               Type of permit                             Fee
------------------------------------------------------------------------
Import/Export License (Section 14.93).......  $50.
Marine Mammal (Section 18.31)...............  $100.
Migratory Bird-Banding or Marking (21.22)...  None.
Bald or Golden Eagles (Part 22).............  None.
------------------------------------------------------------------------

    (e) Abandoned or incomplete applications. Upon receipt of an 
incomplete or improperly executed application, or if the applicant does 
not submit the proper fees, the issuing office will notify the applicant 
of the deficiency. If the

[[Page 43]]

applicant fails to supply the correct information to complete the 
application or to pay the required fees within 45 calendar days of the 
date of notification, the Service will consider the application 
abandoned. The Service will not refund any fees for an abandoned 
application.

[47 FR 30785, July 15, 1982, as amended at 50 FR 52889, Dec. 26, 1985; 
54 FR 4031, Jan. 27, 1989; 54 FR 38147, Sept. 14, 1989; 61 FR 31868, 
June 21, 1996]



Sec. 13.12  General information requirements on applications for permits.

    (a) General information required for all applications. All 
applications must contain the following information:
    (1) Applicant's full name, mailing address, telephone number(s), 
and,
    (i) If the applicant is an individual, the date of birth, height, 
weight, hair color, eye color, sex, and any business or institutional 
affiliation of the applicant related to the requested permitted 
activity; or
    (ii) If the applicant is a corporation, firm, partnership, 
association, institution, or public or private agency, the name and 
address of the president or principal officer and of the registered 
agent for the service of process;
    (2) Location where the requested permitted activity is to occur or 
be conducted;
    (3) Reference to the part(s) and section(s) of this subchapter B as 
listed in paragraph (b) of this section under which the application is 
made for a permit or permits, together with any additional 
justification, including supporting documentation as required by the 
referenced part(s) and section(s);
    (4) If the requested permitted activity involves the import or re-
export of wildlife or plants from or to any foreign country, and the 
country of origin, or the country of export or re-export restricts the 
taking, possession, transportation, exportation, or sale of wildlife or 
plants, documentation as indicated in Sec. 14.52(c) of this subchapter 
B;
    (5) Certification in the following language:

    I hereby certify that I have read and am familiar with the 
regulations contained in title 50, part 13, of the Code of Federal 
Regulations and the other applicable parts in subchapter B of chapter I 
of title 50, Code of Federal Regulations, and I further certify that the 
information submitted in this application for a permit is complete and 
accurate to the best of my knowledge and belief. I understand that any 
false statement herein may subject me to suspension or revocation of 
this permit and to the criminal penalties of 18 U.S.C. 1001.

    (6) Desired effective date of permit except where issuance date is 
fixed by the part under which the permit is issued;
    (7) Date;
    (8) Signature of the applicant; and
    (9) Such other information as the Director determines relevant to 
the processing of the application.
    (b) Additional information required on permit applications. As 
stated in paragraph (a)(3) of this section certain additional 
information is required on all applications. These additional 
requirements may be found by referring to the section of this subchapter 
B cited after the type of permit for which application is being made:

------------------------------------------------------------------------
                       Type of permit                           Section
------------------------------------------------------------------------
Importation at nondesignated ports:
  Scientific................................................       14.31
  Deterioration prevention..................................       14.32
  Economic hardship.........................................       14.33
Marking of package or container:
  Symbol marking............................................       14.83
  Import/export license.....................................       14.93
Feather import quota: Importation or entry..................       15.21
Injurious wildlife: Importation or shipment.................       16.22
Endangered wildlife and plant permits:
  Similarity of appearance..................................       17.52
  Scientific, enhancement of propagation or survival,              17.22
   incidental taking for wildlife...........................
  Scientific, propagation, or survival for plants...........       17.62
  Economic hardship for wildlife............................       17.23
  Economic hardship for plants..............................       17.63
Threatened wildlife and plant permits:
  Similarity of appearance..................................       17.52
  General for wildlife......................................       17.32
  American alligator-buyer or tanner........................    17.42(a)
  General for plants........................................       17.72
Marine mammals permits:
  Scientific research.......................................       18.31
  Public display............................................       18.31
Migratory bird permits:
  Banding or marking........................................       21.22
  Scientific collecting.....................................       21.23
  Taxidermist...............................................       21.24
  Waterfowl sale and disposal...............................       21.25
  Special aviculturist......................................       21.26
  Special purpose...........................................       21.27
  Falconry..................................................       21.28
  Raptor propagation permit.................................       21.30
  Depredation control.......................................       21.41
Eagle permits:
  Scientific or exhibition..................................       22.21
  Indian religious use......................................       22.22
  Depredation control.......................................       22.23
  Falconry purposes.........................................       22.24

[[Page 44]]

 
  Take of golden eagle nests................................       22.25
Endangered Species Convention permits.......................       23.15
------------------------------------------------------------------------



[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 10465, Feb. 22, 1977; 42 
FR 32377, June 24, 1977; 44 FR 54006, Sept. 17, 1979; 44 FR 59083, Oct. 
12, 1979; 45 FR 56673, Aug. 25, 1980; 45 FR 78154, Nov. 25, 1980; 46 FR 
42680, Aug. 24, 1981; 48 FR 31607, July 8, 1983; 48 FR 57300, Dec. 29, 
1983; 50 FR 39687, Sept. 30, 1985; 50 FR 45408, Oct. 31, 1985; 54 FR 
38147, Sept. 14, 1989]



                    Subpart C--Permit Administration



Sec. 13.21  Issuance of permits.

    (a) No permit may be issued prior to the receipt of a written 
application therefor, unless a written variation from the requirements, 
as authorized by Sec. 13.4, is inserted into the official file of the 
Bureau. An oral or written representation of an employee or agent of the 
United States Government, or an action of such employee or agent, shall 
not be construed as a permit unless it meets the requirements of a 
permit as defined in 50 CFR 10.12.
    (b) Upon receipt of a properly executed application for a permit, 
the Director shall issue the appropriate permit unless:
    (1) The applicant has been assessed a civil penalty or convicted of 
any criminal provision of any statute or regulation relating to the 
activity for which the application is filed, if such assessment or 
conviction evidences a lack of responsibility.
    (2) The applicant has failed to disclose material information 
required, or has made false statements as to any material fact, in 
connection with his application;
    (3) The applicant has failed to demonstrate a valid justification 
for the permit and a showing of responsibility;
    (4) The authorization requested potentially threatens a wildlife or 
plant population, or
    (5) The Director finds through further inquiry or investigation, or 
otherwise, that the applicant is not qualified.
    (c) Disqualifying factors. Any one of the following will disqualify 
a person from receiving permits issued under this part.
    (1) A conviction, or entry of a plea of guilty or nolo contendere, 
for a felony violation of the Lacey Act, the Migratory Bird Treaty Act, 
or the Bald and Golden Eagle Protection Act disqualifies any such person 
from receiving or exercising the privileges of a permit, unless such 
disqualification has been expressly waived by the Director in response 
to a written petition.
    (2) The revocation of a permit for reasons found in Sec. 13.28 
(a)(1) or (a)(2) disqualifies any such person from receiving or 
exercising the privileges of a similar permit for a period of five years 
from the date of the final agency decision on such revocation.
    (3) The failure to pay any required fees or assessed costs and 
penalties, whether or not reduced to judgement disqualifies such person 
from receiving or exercising the privileges of a permit as long as such 
moneys are owed to the United States. This requirement shall not apply 
to any civil penalty presently subject to administrative or judicial 
appeal; provided that the pendency of a collection action brought by the 
United States or its assignees shall not constitute an appeal within the 
meaning of this subsection.
    (4) The failure to submit timely, accurate, or valid reports as 
required may disqualify such person from receiving or exercising the 
privileges of a permit as long as the deficiency exists.
    (d) Use of supplemental information. The issuing officer, in making 
a determination under this subsection, may use any information available 
that is relevant to the issue. This may include any prior conviction, or 
entry of a plea of guilty or nolo contendere, or assessment of civil or 
criminal penalty for a violation of any Federal or State law or 
regulation governing the permitted activity. It may also include any 
prior permit revocations or suspensions, or any reports of State or 
local officials. The issuing officer shall consider all relevant facts 
or information available, and may make independent inquiry or 
investigation to verify information or substantiate qualifications 
asserted by the applicant.
    (e) Conditions of issuance and acceptance. (1) Any permit 
automatically incorporates within its terms the conditions and 
requirements of subpart D of

[[Page 45]]

this part and of any part(s) or section(s) specifically authorizing or 
governing the activity for which the permit is issued.
    (2) Any person accepting and holding a permit under this subchapter 
B acknowledges the necessity for close regulation and monitoring of the 
permitted activity by the Government. By accepting such permit, the 
permittee consents to and shall allow entry by agents or employees of 
the Service upon premises where the permitted activity is conducted at 
any reasonable hour. Service agents or employees may enter such premises 
to inspect the location; any books, records, or permits required to be 
kept by this subchapter B; and any wildlife or plants kept under 
authority of the permit.
    (f) Term of permit. Unless otherwise modified, a permit is valid 
during the period specified on the face of the permit. Such period shall 
include the effective date and the date of expiration.
    (g) Denial. The issuing officer may deny a permit to any applicant 
who fails to meet the issuance criteria set forth in this section or in 
the part(s) or section(s) specifically governing the activity for which 
the permit is requested.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 47 
FR 30785, July 15, 1982; 54 FR 38148, Sept. 14, 1989]



Sec. 13.22  Renewal of permits.

    (a) Application for renewal. Applicants for renewal of a permit must 
submit a written application at least 30 days prior to the expiration 
date of the permit. Applicants must certify in the form required by 
Sec. 13.12(a)(5) that all statements and information in the original 
application remain current and correct, unless previously changed or 
corrected. If such information is no longer current or correct, the 
applicant must provide corrected information.
    (b) Renewal criteria. The Service shall issue a renewal of a permit 
if the applicant meets the criteria for issuance in Sec. 13.21(b) and is 
not disqualified under Sec. 13.21(c).
    (c) Continuation of permitted activity. Any person holding a valid, 
renewable permit, who has complied with this section, may continue the 
activities authorized by the expired permit until the Service has acted 
on such person's application for renewal.
    (d) Denial. The issuing officer may deny renewal of a permit to any 
applicant who fails to meet the issuance criteria set forth in 
Sec. 13.21 of this part, or in the part(s) or section(s) specifically 
governing the activity for which the renewal is requested.

[54 FR 38148, Sept. 14, 1989]



Sec. 13.23  Amendment of permits.

    (a) Permittee's request. Where circumstances have changed so that a 
permittee desires to have any condition of his permit modified, such 
permittee must submit a full written justification and supporting 
information in conformity with this part and the part under which the 
permit was issued.
    (b) The Service reserves the right to amend any permit for just 
cause at any time during its term, upon written finding of necessity, 
provided that any such amendment of a permit issued under Sec. 17.22(b) 
through (d) or Sec. 17.32(b) through (d) of this subchapter shall be 
consistent with the requirements of Sec. 17.22(b)(5), (c)(5) and (d)(5) 
or Sec. 17.32(b)(5), (c)(5) and (d)(5) of this subchapter, respectively.
    (c) Change of name or address. A permittee is not required to obtain 
a new permit if there is a change in the legal individual or business 
name, or in the mailing address of the permittee. A permittee is 
required to notify the issuing office within 10 calendar days of such 
change. This provision does not authorize any change in location of the 
conduct of the permitted activity when approval of the location is a 
qualifying condition of the permit.

[54 FR 38148, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]



Sec. 13.24  Right of succession by certain persons.

    (a) Certain persons other than the permittee are authorized to carry 
on a permitted activity for the remainder of the term of a current 
permit, provided they comply with the provisions of paragraph (b) of 
this section. Such persons are the following:
    (1) The surviving spouse, child, executor, administrator, or other 
legal

[[Page 46]]

representative of a deceased permittee; or
    (2) A receiver or trustee in bankruptcy or a court designated 
assignee for the benefit of creditors.
    (b) In order to qualify for the authorization provided in this 
section, the person or persons desiring to continue the activity shall 
furnish the permit to the issuing officer for endorsement within 90 days 
from the date the successor begins to carry on the activity.
    (c) In the case of permits issued under Sec. 17.22(b) through (d) or 
Sec. 17.32(b) through (d) of this subchapter B, the successor's 
authorization under the permit is also subject to a determination by the 
Service that:
    (1) The successor meets all of the qualifications under this part 
for holding a permit;
    (2) The successor has provided adequate written assurances that it 
will provide sufficient funding for the conservation plan or Agreement 
and will implement the relevant terms and conditions of the permit, 
including any outstanding minimization and mitigation requirements; and
    (3) The successor has provided such other information as the Service 
determines is relevant to the processing of the request.

[64 FR 32711, June 17, 1999]



Sec. 13.25  Transfer of permits and scope of permit authorization.

    (a) Except as otherwise provided for in this section, permits issued 
under this part are not transferable or assignable.
    (b) Permits issued under Sec. 17.22(b) through (d) or Sec. 17.32(b) 
through (d) of this subchapter B may be transferred in whole or in part 
through a joint submission by the permittee and the proposed transferee, 
or in the case of a deceased permittee, the deceased permittee's legal 
representative and the proposed transferee, provided the Service 
determines that:
    (1) The proposed transferee meets all of the qualifications under 
this part for holding a permit;
    (2) The proposed transferee has provided adequate written assurances 
that it will provide sufficient funding for the conservation plan or 
Agreement and will implement the relevant terms and conditions of the 
permit, including any outstanding minimization and mitigation 
requirements; and
    (3) The proposed transferee has provided such other information as 
the Service determines is relevant to the processing of the submission.
    (c) Except as otherwise stated on the face of the permit, any person 
who is under the direct control of the permittee, or who is employed by 
or under contract to the permittee for purposes authorized by the 
permit, may carry out the activity authorized by the permit.
    (d) In the case of permits issued under Sec. 17.22(b)-(d) or 
Sec. 17.32(b)-(d) of this subchapter to a State or local governmental 
entity, a person is under the direct control of the permittee where:
    (1) The person is under the jurisdiction of the permittee and the 
permit provides that such person(s) may carry out the authorized 
activity; or
    (2) The person has been issued a permit by the governmental entity 
or has executed a written instrument with the governmental entity, 
pursuant to the terms of the implementing agreement.

[64 FR 32711, June 17, 1999, as amended at 64 FR 52676, Sept. 30, 1999]



Sec. 13.26  Discontinuance of permit activity.

    When a permittee, or any successor to a permittee as provided for by 
Sec. 13.24, discontinues activities authorized by a permit, the 
permittee shall within 30 calendar days of the discontinuance return the 
permit to the issuing office together with a written statement 
surrendering the permit for cancellation. The permit shall be deemed 
void and cancelled upon its receipt by the issuing office. No refund of 
any fees paid for issuance of the permit or for any other fees or costs 
associated with a permitted activity shall be made when a permit is 
surrendered for cancellation for any reason prior to the expiration date 
stated on the face of the permit.

[54 FR 38149, Sept. 14, 1989]



Sec. 13.27  Permit suspension.

    (a) Criteria for suspension. The privileges of exercising some or 
all of the permit authority may be suspended at

[[Page 47]]

any time if the permittee is not in compliance with the conditions of 
the permit, or with any applicable laws or regulations governing the 
conduct of the permitted activity. The issuing officer may also suspend 
all or part of the privileges authorized by a permit if the permittee 
fails to pay any fees, penalties or costs owed to the Government. Such 
suspension shall remain in effect until the issuing officer determines 
that the permittee has corrected the deficiencies.
    (b) Procedure for suspension. (1) When the issuing officer believes 
there are valid grounds for suspending a permit the permittee shall be 
notified in writing of the proposed suspension by certified or 
registered mail. This notice shall identify the permit to be suspended, 
the reason(s) for such suspension, the actions necessary to correct the 
deficiencies, and inform the permittee of the right to object to the 
proposed suspension. The issuing officer may amend any notice of 
suspension at any time.
    (2) Upon receipt of a notice of proposed suspension the permittee 
may file a written objection to the proposed action. Such objection must 
be in writing, must be filed within 45 calendar days of the date of the 
notice of proposal, must state the reasons why the permittee objects to 
the proposed suspension, and may include supporting documentation.
    (3) A decision on the suspension shall be made within 45 days after 
the end of the objection period. The issuing officer shall notify the 
permittee in writing of the Service's decision and the reasons 
therefore. The issuing officer shall also provide the applicant with the 
information concerning the right to request reconsideration of the 
decision under Sec. 13.29 of this part and the procedures for requesting 
reconsideration.

[54 FR 38149, Sept. 14, 1989]



Sec. 13.28  Permit revocation.

    (a) Criteria for revocation. A permit may be revoked for any of the 
following reasons:
    (1) The permittee willfully violates any Federal or State statute or 
regulation, or any Indian tribal law or regulation, or any law or 
regulation of any foreign country, which involves a violation of the 
conditions of the permit or of the laws or regulations governing the 
permitted activity; or
    (2) The permittee fails within 60 days to correct deficiencies that 
were the cause of a permit suspension; or
    (3) The permittee becomes disqualified under Sec. 13.21(c) of this 
part; or
    (4) A change occurs in the statute or regulation authorizing the 
permit that prohibits the continuation of a permit issued by the 
Service; or
    (5) Except for permits issued under Sec. 17.22(b) through (d) or 
Sec. 17.32(b) through (d) of this subchapter, the population(s) of the 
wildlife or plant that is the subject of the permit declines to the 
extent that continuation of the permitted activity would be detrimental 
to maintenance or recovery of the affected population.
    (b) Procedure for revocation. (1) When the issuing officer believes 
there are valid grounds for revoking a permit, the permittee shall be 
notified in writing of the proposed revocation by certified or 
registered mail. This notice shall identify the permit to be revoked, 
the reason(s) for such revocation, the proposed disposition of the 
wildlife, if any, and inform the permittee of the right to object to the 
proposed revocation. The issuing officer may amend any notice of 
revocation at any time.
    (2) Upon receipt of a notice of proposed revocation the permittee 
may file a written objection to the proposed action. Such objection must 
be in writing, must be filed within 45 calendar days of the date of the 
notice of proposal, must state the reasons why the permittee objects to 
the proposed revocation, and may include supporting documentation.
    (3) A decision on the revocation shall be made within 45 days after 
the end of the objection period. The issuing officer shall notify the 
permittee in writing of the Service's decision and the reasons 
therefore, together with the information concerning the right to request 
and the procedures for requesting reconsideration.
    (4) Unless a permittee files a timely request for reconsideration, 
any wildlife held under authority of a permit that is revoked must be 
disposed of in accordance with instructions of the

[[Page 48]]

issuing officer. If a permittee files a timely request for 
reconsideration of a proposed revocation, such permittee may retain 
possession of any wildlife held under authority of the permit until 
final disposition of the appeal process.

[54 FR 38149, Sept. 14, 1989, as amended at 64 FR 32711, June 17, 1999]



Sec. 13.29  Review procedures.

    (a) Request for reconsideration. Any person may request 
reconsideration of an action under this part if that person is one of 
the following:
    (1) An applicant for a permit who has received written notice of 
denial;
    (2) An applicant for renewal who has received written notice that a 
renewal is denied;
    (3) A permittee who has a permit amended, suspended, or revoked, 
except for those actions which are required by changes in statutes or 
regulations, or are emergency changes of limited applicability for which 
an expiration date is set within 90 days of the permit change; or
    (4) A permittee who has a permit issued or renewed but has not been 
granted authority by the permit to perform all activities requested in 
the application, except when the activity requested is one for which 
there is no lawful authority to issue a permit.
    (b) Method of requesting reconsideration. Any person requesting 
reconsideration of an action under this part must comply with the 
following criteria:
    (1) Any request for reconsideration must be in writing, signed by 
the person requesting reconsideration or by the legal representative of 
that person, and must be submitted to the issuing officer.
    (2) The request for reconsideration must be received by the issuing 
officer within 45 calendar days of the date of notification of the 
decision for which reconsideration is being requested.
    (3) The request for reconsideration shall state the decision for 
which reconsideration is being requested and shall state the reason(s) 
for the reconsideration, including presenting any new information or 
facts pertinent to the issue(s) raised by the request for 
reconsideration.
    (4) The request for reconsideration shall contain a certification in 
substantially the same form as that provided by Sec. 13.12(a)(5). If a 
request for reconsideration does not contain such certification, but is 
otherwise timely and appropriate, it shall be held and the person 
submitting the request shall be given written notice of the need to 
submit the certification within 15 calendar days. Failure to submit 
certification shall result in the request being rejected as insufficient 
in form and content.
    (c) Inquiry by the Service. The Service may institute a separate 
inquiry into the matter under consideration.
    (d) Determination of grant or denial of a request for 
reconsideration. The issuing officer shall notify the permittee of the 
Service's decision within 45 days of the receipt of the request for 
reconsideration. This notification shall be in writing, shall state the 
reasons for the decision, and shall contain a description of the 
evidence which was relied upon by the issuing officer. The notification 
shall also provide information concerning the right to appeal, the 
official to whom an appeal may be addressed, and the procedures for 
making an appeal.
    (e) Appeal. A person who has received an adverse decision following 
submission of a request for reconsideration may submit a written appeal 
to the Regional Director for the region in which the issuing office is 
located, or to the Director for offices which report directly to the 
Director. An appeal must be submitted within 45 days of the date of the 
notification of the decision on the request for reconsideration. The 
appeal shall state the reason(s) and issue(s) upon which the appeal is 
based and may contain any additional evidence or arguments to support 
the appeal.
    (f) Decision on appeal. (1) Before a decision is made concerning the 
appeal the appellant may present oral arguments before the Regional 
Director or the Director, as appropriate, if such official judges oral 
arguments are necessary to clarify issues raised in the written record.
    (2) The Service shall notify the appellant in writing of its 
decision within 45 calendar days of receipt of the appeal,

[[Page 49]]

unless extended for good cause and the appellant notified of the 
extension.
    (3) The decision of the Regional Director or the Director shall 
constitute the final administrative decision of the Department of the 
Interior.

[54 FR 38149, Sept. 14, 1989]



                          Subpart D--Conditions



Sec. 13.41  Humane conditions.

    Any live wildlife possessed under a permit must be maintained under 
humane and healthful conditions.

[54 FR 38150, Sept. 14, 1989]



Sec. 13.42  Permits are specific.

    The authorizations on the face of a permit which set forth specific 
times, dates, places, methods of taking, numbers and kinds of wildlife 
or plants, location of activity, authorize certain circumscribed 
transactions, or otherwise permit a specifically limited matter, are to 
be strictly construed and shall not be interpreted to permit similar or 
related matters outside the scope of strict construction.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]



Sec. 13.43  Alteration of permits.

    Permits shall not be altered, erased, or mutilated, and any permit 
which has been altered, erased, or mutilated shall immediately become 
invalid. Unless specifically permitted on the face thereof, no permit 
shall be copied, nor shall any copy of a permit issued pursuant to this 
subchapter B be displayed, offered for inspection, or otherwise used for 
any official purpose for which the permit was issued.



Sec. 13.44  Display of permit.

    Any permit issued under this part shall be displayed for inspection 
upon request to the Director or his agent, or to any other person 
relying upon its existence.



Sec. 13.45  Filing of reports.

    Permittees may be required to file reports of the activities 
conducted under the permit. Any such reports shall be filed not later 
than March 31 for the preceding calendar year ending December 31, or any 
portion thereof, during which a permit was in force, unless the 
regulations of this subchapter B or the provisions of the permit set 
forth other reporting requirements.



Sec. 13.46  Maintenance of records.

    From the date of issuance of the permit, the permittee shall 
maintain complete and accurate records of any taking, possession, 
transportation, sale, purchase, barter, exportation, or importation of 
plants obtained from the wild (excluding seeds) or wildlife pursuant to 
such permit. Such records shall be kept current and shall include names 
and addresses of persons with whom any plant obtained from the wild 
(excluding seeds) or wildlife has been purchased, sold, bartered, or 
otherwise transferred, and the date of such transaction, and such other 
information as may be required or appropriate. Such records shall be 
legibly written or reproducible in English and shall be maintained for 
five years from the date of expiration of the permit.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977; 54 
FR 38150, Sept. 14, 1989]



Sec. 13.47  Inspection requirement.

    Any person holding a permit under this subchapter B shall allow the 
Director's agent to enter his premises at any reasonable hour to inspect 
any wildlife or plant held or to inspect, audit, or copy any permits, 
books, or records required to be kept by regulations of this subchapter 
B.

[39 FR 1161, Jan. 4, 1974, as amended at 42 FR 32377, June 24, 1977]



Sec. 13.48  Compliance with conditions of permit.

    Any person holding a permit under subchapter B and any person acting 
under authority of such permit must comply with all conditions of the 
permit and with all appllicable laws and regulations governing the 
permitted activity.

[54 FR 38150, Sept. 14, 1989]

[[Page 50]]



Sec. 13.49  Surrender of permit.

    Any person holding a permit under subchapter B shall surrender such 
permit to the issuing officer upon notification that the permit has been 
suspended or revoked by the Service, and all appeal procedures have been 
exhausted.

[54 FR 38150, Sept. 14, 1989]



Sec. 13.50  Acceptance of liability.

    Except as otherwise limited in the case of permits described in 
Sec. 13.25(d), any person holding a permit under this subchapter B 
assumes all liability and responsibility for the conduct of any activity 
conducted under the authority of such permit.

[64 FR 32711, June 17, 1999]



PART 14--IMPORTATION, EXPORTATION, AND TRANSPORTATION OF WILDLIFE--Table of Contents




                         Subpart A--Introduction

Sec.
14.1  Purpose of regulations.
14.2  Scope of regulations.
14.3  Information collection requirements.
14.4  What terms do I have to understand?

       Subpart B--Importation and Exportation at Designated Ports

14.11  General restrictions.
14.12  Designated ports.
14.13  Emergency diversion.
14.14  In-transit shipments.
14.15  Personal baggage and household effects.
14.16  Border ports.
14.17  Personally owned pet birds.
14.18  Marine mammals.
14.19  Special ports.
14.20  Exceptions by permit.
14.21  Shellfish and fishery products.
14.22  Certain antique articles.
14.23  Live farm-raised fish and farm-raised fish eggs.
14.24  Scientific specimens.

              Subpart C--Designated Port Exception Permits

14.31  Permits to import or export wildlife at nondesignated port for 
          scientific purposes.
14.32  Permits to import or export wildlife at nondesignated port to 
          minimize deterioration or loss.
14.33  Permits to import or export wildlife at nondesignated port to 
          alleviate undue economic hardship.

Subpart D  [Reserved]

             Subpart E--Inspection and Clearance of Wildlife

14.51  Inspection of wildlife.
14.52  Clearance of imported wildlife.
14.53  Detention and refusal of clearance.
14.54  Unavailability of Service officers.
14.55  Exceptions to clearance requirements.

                    Subpart F--Wildlife Declarations

14.61  Import declaration requirements.
14.62  Exceptions to import declaration requirements.
14.63  Export declaration requirements.
14.64  Exceptions to export declaration requirements.

Subpart G  [Reserved]

              Subpart H--Marking of Containers or Packages

14.81  Marking requirement.
14.82  Alternatives and exceptions to the marking requirement.

                    Subpart I--Import/Export Licenses

14.91  License requirement.
14.92  Exceptions to license requirement.
14.93  License application procedure, conditions, and duration.
14.94  What fees apply to me?

  Subpart J--Standards for the Humane and Healthful Transport of Wild 
                 Mammals and Birds to the United States

14.101  Purposes.
14.102  Definitions.
14.103  Prohibitions.
14.104  Translations.
14.105  Consignment to carrier.
14.106  Primary enclosures.
14.107  Conveyance.
14.108  Food and water.
14.109  Care in transit.
14.110  Terminal facilities.
14.111  Handling.
14.112  Other applicable provisions.

                  Specifications for Nonhuman Primates

14.121  Primary enclosures.
14.122  Food and water.
14.123  Care in transit.

  Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters, 
                       Pinnipeds, and Polar Bears)

14.131  Primary enclosures.

[[Page 51]]

14.132  Food and water.
14.133  Care in transit.

               Specifications for Elephants and Ungulates

14.141  Consignment to carrier.
14.142  Primary enclosures.

   Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)

14.151  Primary enclosures.

              Specifications for Other Terrestrial Mammals

14.161  Primary enclosures.

                        Specifications for Birds

14.171  Consignment to carrier.
14.172  Primary enclosures.

    Authority: 16 U.S.C. 668, 704, 712, 1382, 1538(d)-(f), 1540(f), 
3371-3378, 4223-4244, and 4901-4916; 18 U.S.C. 42; 31 U.S.C. 9701.

    Source: 45 FR 56673, Aug. 25, 1980, unless otherwise noted.



                         Subpart A--Introduction



Sec. 14.1  Purpose of regulations.

    The regulations contained in this part provide uniform rules and 
procedures for the importation, exportation, and transportation of 
wildlife.



Sec. 14.2  Scope of regulations.

    The provisions in this part are in addition to, and do not supersede 
other regulations of this subchapter B which may require a permit or 
prescribe additional restrictions or conditions for the importation, 
exportation, and transportation of wildlife.



Sec. 14.3  Information collection requirements.

    The Office of Management and Budget approved the information 
collection requirements contained in this part 14 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0092. The Service may not conduct 
or sponsor, and you are not required to respond, to a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting this information to provide information about wildlife 
imports or exports, including product and parts, and to facilitate 
enforcement of the Endangered Species Act of 1973 as amended (16 U.S.C. 
1531 et seq.) and to carry out the provisions of the convention on 
International Trade in Endangered Species of Wild Fauna and Flora. We 
estimate the public reporting burden for these reporting requirements to 
vary from 10 to 15 minutes per response. Direct comments regarding the 
burden estimate or any other aspect of these reporting requirements to 
the Service Information Collection Control Officer, MS-222 ARLSQ, U.S. 
Fish and Wildlife Service, Washington, DC 20240, or the Office of 
Management and Budget, Paperwork Reduction Project (1018-0092), 
Washington, DC 20603.

[63 FR 52634, Oct. 1, 1998]



Sec. 14.4  What terms do I have to understand?

    In addition to definitions contained in part 10 of this subchapter, 
in this part:
    Accompanying personal baggage means all hand-carried items and all 
checked baggage of a person entering into or departing from the United 
States.
    Accredited scientist means any individual associated with, employed 
by, or under contract to and accredited by an accredited scientific 
institution for the purpose of conducting biological or medical 
research, and whose research activities are approved and sponsored by 
the scientific institution granting accreditation.
    Accredited scientific institutions means any public museum, public 
zoological park, accredited institution of higher education, accredited 
member of the American Zoo and Aquarium Association, accredited member 
of the American Association of Systematic Collections, or any State or 
Federal government agency that conducts biological or medical research.
    Commercial means related to the offering for sale or resale, 
purchase, trade, barter, or the actual or intended transfer in the 
pursuit of gain or profit, of any item of wildlife and includes the use 
of any wildlife article as an exhibit for the purpose of soliciting 
sales, without regard to quantity or weight. There is a presumption that 
eight or more similar unused items are for commercial use. The Service 
or the importer/exporter/owner may rebut this presumption based upon the 
particular facts and circumstances of each case.


[[Page 52]]


    Domesticated animals includes, but is not limited to, the following 
domesticated animals that are exempted from the requirements of this 
subchapter B (except for species obtained from wild populations).
    Mammals: Alpaca--Lama alpaca; Camel--Camelus dromedarius; Camel 
(Boghdi)--Camelus bactrianus; Cat (domestic)--Felis domesticus; Cattle--
Bos taurus; Dog (domestic)--Canis familiaris; European rabbit--
Ortyctolagus cuniculus; Ferret (domestic)--Mustela putorius; Goat--Capra 
hircus; Horse--Equus caballus; Llama--Lama glama; Pig--Sus scrofa; 
Sheep--Ovis aries; Water buffalo--Bubalus bubalus; White lab mice--Mus 
musculus; White lab rate--Rattus norvegicus.
    Fish (For export purposes only): Carp (koi)--Cyprinus carpio; 
Goldfish--Carassius auratus.
    Birds: Chicken--Gallus domesticus; Ducks & geese--domesticated 
varieties; Guinea fowl--Numida meleagris; Peafowl--Pavo cristatus; 
Pigeons (domesticated)--Columba livia domestrica; Turkey--Meleagris 
gallopavo; Domesticated or Barnyard Mallards include: Pekin; Aylesbury; 
Bouen; Cayuga; Gray Call; White Call; East Indian; Crested; Swedish; 
Buff Orpington; Indian Runner; Campbell; Duclair; Merchtem; Termonde; 
Magpie; Chinese; Khaki Campbell.
    Insects: Crickets, mealworms, honeybees (not to include Africanized 
varieties), and similar insects that are routinely farm raised.
    Other Invertebrates: Earthworms and similar invertebrates that are 
routinely farm raised.

    Export means to depart from, to send from, to ship from, or to carry 
out of, or attempt to depart from, to send from, to ship from, or to 
carry out of, or to consign to a carrier in any place subject to the 
jurisdiction of the United States with an intended destination of any 
place not subject to the jurisdiction of the United States, whether or 
not such departure, sending, or carrying, or shipping constitutes an 
exportation within the meaning of the Custom laws of the United States. 
When a passenger leaving the jurisdiction of the United States enters 
the designated international area of embarkation of an airport, all 
accompanying personal hand-carried items and checked baggage will be 
regarded as exports.
    Import means to land on, bring into, or introduce into, or attempt 
to land on, bring into, or introduce into any place subject to the 
jurisdiction of the United States, whether or not such landing, 
bringing, or introduction constitutes an importation within the meaning 
of the tariff laws of the United States.
    We means Fish and Wildlife Service or Service.
    You means licensee, or importer/exporter of record.

[61 FR 31868, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]



       Subpart B--Importation and Exportation at Designated Ports



Sec. 14.11  General restrictions.

    Except as otherwise provided in this part, no person may import or 
export any wildlife at any place other than a Customs port of entry 
designated in Sec. 14.12.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980]



Sec. 14.12  Designated ports.

    The following Customs ports of entry are designated for the 
importation or exportation of wildlife and are referred to hereafter as 
``designated ports:''
    (a) Los Angeles, California;
    (b) San Francisco, California;
    (c) Miami, Florida;
    (d) Honolulu, Hawaii;
    (e) Chicago, Illinois;
    (f) New Orleans, Louisiana;
    (g) New York, New York;
    (h) Seattle, Washington;
    (i) Dallas/Fort Worth, Texas;
    (j) Portland, Oregon;
    (k) Baltimore, Maryland;
    (l) Boston, Massachusetts; and
    (m) Atlanta, Georgia.

[45 FR 56673, Aug. 25, 1980, as amended at 46 FR 43835, Sept. 1, 1981; 
55 FR 9731, Mar. 15, 1990; 57 FR 21355, May 20, 1992; 59 FR 33212, June 
28, 1994; 61 FR 3851, Feb. 2, 1996]



Sec. 14.13  Emergency diversion.

    Wildlife which has been imported into the United States at any port 
or

[[Page 53]]

place other than a designated port solely as a result of a diversion due 
to an aircraft or vessel emergency must proceed as an in-transit 
shipment under Customs bond to a designated port, or to any port where a 
permit or other provision of this part provides for lawful importation.



Sec. 14.14  In-transit shipments.

    (a) Wildlife destined for a point within the United States may be 
imported into the United States at any port if such wildlife proceeds as 
an in-transit shipment under Customs bond to a designated port, or to 
any port where a permit or other provision of this part provides for 
lawful importation.
    (b) Wildlife moving in-transit through the United States from one 
foreign country to another foreign country is exempt from the designated 
port requirements of this part, if such wildlife is not unloaded within 
the United States.



Sec. 14.15  Personal baggage and household effects.

    (a) Any person may import into or export from the United States at 
any Customs port wildlife products or manufactured articles that are not 
intended for commercial use and are used as clothing or contained in 
accompanying personal baggage. However, this exception to the designated 
port requirement does not apply to any raw or dressed fur; raw, salted, 
or crusted hide or skin; game trophy; or to wildlife requiring a permit 
pursuant to part 16, 17, 18, 21, or 23 of this subchapter B.
    (b) Wildlife products or manufactured articles, including mounted 
game trophies or tanned hides, which are not intended for sale and are 
part of a shipment of the household effects of persons moving their 
residence to or from the United States may be imported or exported at 
any Customs port of entry. However, this exception to the designated 
port requirement does not apply to any raw fur; raw, salted, or crusted 
hide or skin; or to wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31868, June 21, 1996]



Sec. 14.16  Border ports.

    (a) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife whose country of origin is 
Canada or the United States may be imported or exported at any of the 
following Customs ports of entry:
    (1) Alaska--Alcan;
    (2) Idaho--Eastport;
    (3) Maine--Calais, Houlton, Jackman;
    (4) Massachusetts--Boston;
    (5) Michigan--Detroit, Port Huron, Sault Sainte Marie;
    (6) Minnesota--Grand Portage, International Falls, Minneapolis-St. 
Paul;
    (7) Montana--Raymond, Sweetgrass;
    (8) New York--Buffalo-Niagara Falls, Champlain;
    (9) North Dakota--Dunseith, Pembina, Portal;
    (10) Ohio--Cleveland;
    (11) Vermont--Derby Line, Highgate Springs; and
    (12) Washington--Blaine, Sumas.
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife whose country of origin is 
Mexico or the United States may be imported or exported at any of the 
following Customs ports of entry:
    (1) Arizona--Lukeville, Nogales;
    (2) California--Calexico, San Diego-San Ysidro; and
    (3) Texas--Brownsville, El Paso, Laredo.
    (c) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, or 21 of this subchapter B, wildlife lawfully taken by U.S. 
residents in the United States, Canada, or Mexico and imported or 
exported for noncommercial purposes, may be imported or exported at any 
Customs port of entry.



Sec. 14.17  Personally owned pet birds.

    Any person may import a personally owned pet bird at any port 
designated under, and in accordance with, 9 CFR part 92.



Sec. 14.18  Marine mammals.

    Any person subject to the jurisdiction of the United States who has 
lawfully taken a marine mammal on the

[[Page 54]]

high seas and who is authorized to import such marine mammal in 
accordance with the Marine Mammal Protection Act of 1972 and 
implementing regulations (50 CFR parts 18 and 216) may import such 
marine mammal at any port or place.



Sec. 14.19  Special ports.

    (a) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife which is imported for final 
destination in Alaska, Puerto Rico, or the Virgin Islands, may be 
imported through those Customs ports of entry named hereafter for the 
respective State or Territory of final destination:
    (1) Alaska--Alcan, Anchorage, Fairbanks, Juneau;
    (2) Puerto Rico--San Juan; and
    (3) Virgin Islands--San Juan, Puerto Rico.
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife which originates in Alaska, 
Puerto Rico, or the Virgin Islands, may be exported through the 
following Customs ports for the respective State or Territory:
    (1) Alaska--Alcan, Anchorage, Fairbanks, Juneau;
    (2) Puerto Rico--San Juan; and
    (3) Virgin Islands--San Juan, Puerto Rico.
    (c) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, wildlife which has a final 
destination of Guam or which originates in Guam may be imported or 
exported, as appropriate, through the port of Agana, Guam.



Sec. 14.20  Exceptions by permit.

    Wildlife may be imported into or exported from the United States at 
any Customs port of entry designated in the terms of a valid permit 
issued pursuant to subpart C of this part.



Sec. 14.21  Shellfish and fishery products.

    (a)(1) General. Except for wildlife requiring a permit pursuant to 
part 17 or 23 of this subchapter, shellfish and fishery products 
imported or exported for purposes of human or animal consumption or 
taken in waters under the jurisdiction of the United States or on the 
high seas for recreational purposes may enter or exit at any Customs 
port.
    (2) Except for wildlife requiring a permit pursuant to part 17 or 
part 23 of this subchapter, live aquatic invertebrates of the Class 
Pelecypoda (commonly known as oysters, clams, mussels, and scallops) and 
the eggs, larvae, or juvenile forms thereof may be exported for purposes 
of propagation, or research related to propagation, at any Customs port.
    (b) Pearls. Except for wildlife requiring a permit pursuant to part 
17 or 23 of this subchapter, pearls imported or exported for commercial 
purposes may enter or exit the United States at any Customs port of 
entry. For the purposes of this part, all references to the term 
shellfish and fishery products will include pearls.

[61 FR 31868, June 21, 1996]



Sec. 14.22  Certain antique articles.

    Any person may import at any Customs Service port designated for 
such purpose, any article (other than scrimshaw, defined in 16 U.S.C 
1539(f)(1)(B) and 50 CFR 217.12 as any art form that involves the 
etching or engraving of designs upon, or the carving of figures, 
patterns, or designs from, any bone or tooth of any marine mammal of the 
order Cetacea) that is at least 100 years old, is composed in whole or 
in part of any endangered or threatened species listed under Sec. 17.11 
or Sec. 17.12 of this subchapter, and has not been repaired or modified 
with any part of any endangered or threatened species on or after 
December 28, 1973.

[61 FR 31868, June 21, 1996]



Sec. 14.23  Live farm-raised fish and farm-raised fish eggs.

    Live farm-raised fish and farm-raised fish eggs meet the definition 
of ``bred in captivity'' as stated in 50 CFR 17.3. Except for wildlife 
requiring a permit pursuant to parts 17 or 23 of this subchapter, live 
farm-raised fish and farm-raised fish eggs may be exported from any U.S. 
Customs port.

[59 FR 41714, Aug. 15, 1994]



Sec. 14.24  Scientific specimens.

    Except for wildlife requiring a permit pursuant to parts 16, 17, 18, 
21, 22 or 23

[[Page 55]]

of this subchapter, dead, preserved, dried, or embedded scientific 
specimens or parts thereof, imported or exported by accredited 
scientists or accredited scientific institutions for taxonomic or 
systematic research purposes may enter or exit through any U.S. Customs 
port, or may be shipped through the international mail system. Provided, 
that this exception will not apply to any specimens or parts thereof 
taken as a result of sport hunting.

[61 FR 31869, June 21, 1996]



              Subpart C--Designated Port Exception Permits



Sec. 14.31  Permits to import or export wildlife at nondesignated port for scientific purposes.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Secs. 13.11 and 13.12 of this subchapter, and in accordance with the 
issuance criteria of this section, issue a permit authorizing 
importation or exportation of wildlife for scientific purposes at one or 
more named Customs port(s) of entry not otherwise authorized by subpart 
B. Such permits may authorize a single importation or exportation, a 
series of importations or exportations, or importation or exportation 
during a specified period of time.
    (b) Application procedure. Applications for permits to import or 
export wildlife at a nondesignated port for scientific purposes must be 
submitted to the Director. Each application must contain the general 
information and certification required by Sec. 13.12(a) of this 
subchapter, plus the following additional information:
    (1) The scientific purpose or uses of the wildlife to be imported or 
exported;
    (2) The number and kinds of wildlife described by scientific and 
common names to be imported or exported where such number and kinds can 
be determined;
    (3) The country or place in which the wildlife was removed from the 
wild (if known), or where born in captivity;
    (4) The port(s) of entry where importation or exportation is 
requested, and the reasons why importation or exportation should be 
allowed at the requested port(s) of entry rather than at a designated 
port; and
    (5) A statement as to whether the exception is being requested for a 
single shipment, a series of shipments, or shipments over a specified 
period of time and the date(s) involved.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or export wildlife at a nondesignated port issued under this section are 
subject to the following condition: Permittee shall file such reports as 
specified on the permit, if any.
    (d) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit under this section:
    (1) Benefit to a bona fide scientific research project, other 
scientific purpose, or facilitation of the exchange of preserved museum 
specimens;
    (2) The kind of wildlife involved and its place of origin;
    (3) The reasons why the exception is requested; and
    (4) Availability of a Service officer.
    (e) Duration of permits. Any permit issued under this section 
expires on the date designated on the face of the permit. In no case 
will the permit be valid for more than 2 years from the date of 
issuance.



Sec. 14.32  Permits to import or export wildlife at nondesignated port to minimize deterioration or loss.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Secs. 13.11 and 13.12 of this subchapter, and in accordance with the 
issuance criteria of this section, issue a permit authorizing 
importation or exportation of wildlife, in order to minimize 
deterioration or loss, at one or more named Customs port(s) of entry not 
otherwise authorized by subpart B. Such permits may authorize a single 
importation or exportation, a series of importations or exportations, or 
importation or exportation during a specified period of time.
    (b) Application procedure. Applications for permits to import or 
export wildlife at a nondesignated port to minimize deterioration or 
loss must be

[[Page 56]]

submitted to the Director. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, plus the following additional information:
    (1) The number and kinds of wildlife described by scientific and 
common names to be imported or exported where such number and kinds can 
be determined;
    (2) The country or place in which the wildlife was removed from the 
wild (if known), or where born in captivity;
    (3) The port(s) of entry where importation or exportation is 
requested, and the reasons why importation or exportation should be 
allowed at the requested port(s) of entry rather than at a designated 
port (information must be included to show that an importation or 
exportation at a designated port would result in a substantial 
deterioration or loss of the wildlife); and
    (4) A statement as to whether the exception is being requested for a 
single shipment, a series of shipments, or shipments over a specified 
period of time and the date(s) involved.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or export wildlife at a nondesignated port issued under this section are 
to be subject to the following conditions:
    (1) Permittee shall file such reports as may be specified on the 
permit, if any; and
    (2) Permittee must pay fees in accordance with Sec. 14.94.
    (d) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit under this section:
    (1) Likelihood of a substantial deterioration or loss of the 
wildlife involved;
    (2) The kind of wildlife involved and its place of origin; and
    (3) Availability of a Service officer.
    (e) Duration of permits. Any permit issued under this section 
expires on the date designated on the face of the permit. In no case 
will the permit be valid more than 2 years from the date of issuance.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 
FR 31869, June 21, 1996]



Sec. 14.33  Permits to import or export wildlife at nondesignated port to alleviate undue economic hardship.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Secs. 13.11 and 13.12 of this subchapter, and in accordance with the 
issuance criteria of this section, issue a permit authorizing 
importation or exportation of wildlife in order to alleviate undue 
economic hardship at one or more named Customs port(s) of entry not 
otherwise authorized by subpart B. Such permits may authorize a single 
importation or exportation, a series of importations or exportations, or 
importation or exportation during a specified period of time.
    (b) Application procedure. Applications for permits to import or 
export wildlife at a nondesignated port to alleviate undue economic 
hardship must be submitted to the Director. Each application must 
contain the general information and certification required in 
Sec. 13.12(a) of this subchapter, plus the following additional 
information:
    (1) The number and kinds of wildlife described by scientific and 
common names to be imported or exported, where such number and kinds can 
be determined, and a description of the form in which it is to be 
imported, such as ``live,'' ``frozen,'' ``raw hides,'' or a full 
description of any manufactured product;
    (2) The country or place in which the wildlife was removed from the 
wild (if known), or where born in captivity;
    (3) The name and address of the supplier or consignee;
    (4) The port(s) of entry where importation or exportation is 
requested, and the reasons why importation or exportation should be 
allowed at the requested port(s) of entry rather than at a designated 
port (information must be included to show the monetary difference 
between the cost of importation or exportation at the port requested and 
the lowest cost of importation or exportation at the port through which 
importation or exportation is authorized by subpart B without a permit); 
and
    (5) A statement as to whether the exception is being requested for a 
single shipment, a series of shipments, or

[[Page 57]]

shipments over a specified period of time and the date(s) involved.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or export wildlife at a nondesignated port issued under this section are 
subject to the following conditions:
    (1) Permittee shall file such reports as specified on the permit, if 
any; and
    (2) Permittee must pay fees in accordance with Sec. 14.94.
    (d) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit under this section:
    (1) The difference between the cost of importing or exporting the 
wildlife at the port requested and the lowest cost of importing or 
exporting such wildlife at a port authorized by these regulations 
without a permit;
    (2) The severity of the economic hardship that likely would result 
should the permit not be issued;
    (3) The kind of wildlife involved, including its form and place of 
origin; and
    (4) Availability of a Service officer.
    (e) Duration of permits. Any permit issued under this section 
expires on the date designated on the face of the permit. In no case 
will the permit be valid for more than 2 years from the date of 
issuance.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 
FR 31869, June 21, 1996]

Subpart D  [Reserved]



             Subpart E--Inspection and Clearance of Wildlife



Sec. 14.51  Inspection of wildlife.

    Subject to applicable limitations of law, Service officers and 
Customs officers may detain for inspection and inspect any package, 
crate, or other container, including its contents, and all accompanying 
documents, upon importation or exportation. The Director may charge 
reasonable fees, including salary, overtime, transportation and per diem 
of Service officers, for wildlife import or export inspections specially 
requested by the importer or exporter at times other than regular work 
hours or locations other than usual for such inspections at the port.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 
FR 52889, Dec. 26, 1985]



Sec. 14.52  Clearance of imported wildlife.

    (a) Except as otherwise provided by this subpart, a Service officer 
must clear all wildlife imported into the United States prior to release 
from detention by Customs officers. A Service officer must clear all 
wildlife to be exported from the United States prior to the physical 
loading of the merchandise on a vehicle or aircraft, or the 
containerization or palletizing of such merchandise for export, unless a 
Service officer expressly authorizes otherwise. Such clearance does not 
constitute a certification of the legality of an importation or 
exportation under the laws or regulations of the United States.
    (b) An importer/exporter or his/her agent may obtain clearance by a 
Service officer only at designated ports (Sec. 14.12), at border ports 
(Sec. 14.16), at special ports (Sec. 14.19), or at a port where 
importation or exportation is authorized by a permit issued under 
subpart C of this part. An importer/exporter must return forthwith any 
wildlife released without a Service officer's clearance or clearance by 
Customs for the Service under authority of Sec. 14.54 to a port where 
clearance may be obtained pursuant to this subpart.
    (c) To obtain clearance, the importer, exporter, or the importer's 
or exporter's agent will make available to a Service officer or a 
Customs officer acting under Sec. 14.54:
    (1) All shipping documents (including bills of lading, waybills and 
packing lists or invoices);
    (2) All permits, licenses or other documents required by the laws or 
regulations of the United States;
    (3) All permits or other documents required by the laws or 
regulations of any foreign country;
    (4) The wildlife being imported or exported; and

[[Page 58]]

    (5) Any documents and permits required by the country of export or 
re-export for the wildlife.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 50 
FR 52889, Dec. 26, 1985; 61 FR 31869, June 21, 1996]



Sec. 14.53  Detention and refusal of clearance.

    (a) Detention. Any Service officer, or Customs officer acting under 
Sec. 14.54, may detain imported or exported wildlife and any associated 
property. As soon as practicable following the importation or 
exportation and decision to detain, the Service will mail a notice of 
detention by registered or certified mail, return receipt requested, to 
the importer or consignee, or exporter, if known or easily 
ascertainable. Such notice must describe the detained wildlife or other 
property, indicate the reason for the detention, describe the general 
nature of the tests or inquiries to be conducted, and indicate that if 
the releasability of the wildlife has not been determined within 30 days 
after the date of the notice, or a longer period if specifically stated, 
that the Service will deem the wildlife to be seized and will issue no 
further notification of seizure.
    (b) Refusal of clearance. Any Service officer may refuse clearance 
of imported or exported wildlife and any Customs officer acting under 
Sec. 14.54 may refuse clearance of imported wildlife when there are 
responsible grounds to believe that:
    (1) A Federal law or regulation has been violated;
    (2) The correct identity and country of origin of the wildlife has 
not been established (in such cases, the burden is upon the owner, 
importer, exporter, consignor, or consignee to establish such identity 
by scientific name to the species level or, if any subspecies is 
protected by the laws of this country or the country of origin to the 
subspecies level);
    (3) Any permit, license, or other documentation required for 
clearance of such wildlife is not available, is not currently valid, has 
been suspended or revoked, or is not authentic;
    (4) The importer, exporter, or the importer's or exporter's agent 
has filed an incorrect or incomplete declaration for importation or 
exportation as provided in Sec. 14.61 or Sec. 14.63; or
    (5) The importer, exporter, or the importer's or exporter's agent 
has not paid any fee or portion of balance due for inspection fees 
required by Sec. 14.93 or Sec. 14.94, or penalties assessed against the 
importer or exporter under 50 CFR part 11. This paragraph does not apply 
to penalty assessments on appeal in accordance with the provisions of 
part 11.

[61 FR 31869, June 21, 1996]



Sec. 14.54  Unavailability of Service officers.

    (a) Designated ports. All wildlife arriving at a designated port 
must be cleared by a Service officer prior to Customs clearance and 
release. When importers or their agents expect live or perishable 
shipments of wildlife or wildlife products or request inspection at the 
time of arrival, they must notify the Service at least 48 hours prior to 
the estimated time of arrival. However, where a Service officer is not 
available within a reasonable time, Customs Officers may clear live or 
perishable wildlife subject to post-clearance inspection and 
investigation by the Service.
    (b) Border and special ports. Wildlife lawfully imported at Canadian 
or Mexican border ports under Sec. 14.16, or into Alaska, Puerto Rico, 
or the Virgin Islands, under Sec. 14.19, may, if a Service officer is 
not available within a reasonable time, be cleared by Customs officers, 
subject to post-clearance inspection and investigation by the Service.
    (c) Permit imports. Wildlife imported at a nondesignated port in 
accordance with the terms of a valid permit issued under subpart C of 
this part, may, if a Service officer is not available within a 
reasonable time, be cleared by Customs officers, subject to post-
clearance inspection and investigation by the Service.
    (d) Personal baggage and household effects. Wildlife lawfully 
imported at any port of entry under Sec. 14.15, may, if a Service 
officer is not available within a reasonable time, be cleared by Customs 
officers, subject to post-clearance inspection and investigation by the 
Service.
    (e) Personally owned pet birds. Personally owned pet birds lawfully 
imported at a port of entry under Sec. 14.17, may, if

[[Page 59]]

a Service officer is not available within a reasonable time, be cleared 
by Customs officers, subject to post-clearance inspection and 
investigation by the Service.
    (f) Exports. Exporters or their agents must notify the Service and 
make the shipment available for inspection at least 48 hours prior to 
the estimated time of exportation of any wildlife.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]



Sec. 14.55  Exceptions to clearance requirements.

    Except for wildlife requiring a permit pursuant to part 17 or 23 of 
this subchapter B, clearance is not required for the importation of the 
following wildlife:
    (a) Shellfish and fishery products imported for purposes of human or 
animal consumption or taken in waters under the jurisdiction of the 
United States or on the high seas for recreational purposes;
    (b) Marine mammals lawfully taken on the high seas by United States 
residents and imported directly into the United States; and
    (c) Certain antique articles as specified in Sec. 14.22 which have 
been released from custody by Customs officers under 19 U.S.C. 1499.
    (d) Dead, preserved, dried, or embedded scientific specimens or 
parts thereof, imported or exported by accredited scientists or 
accredited scientific institutions for taxonomic or systematic research 
purposes. Except: That this exception will not apply to any specimens or 
parts thereof taken as a result of sport hunting.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31869, June 21, 1996]



                    Subpart F--Wildlife Declarations



Sec. 14.61  Import declaration requirements.

    Except as otherwise provided by the regulations of this subpart, 
importers or their agents must file with the Service a completed 
Declaration for Importation or Exportation of Fish or Wildlife (Form 3-
177), signed by the importer or the importer's agent, upon the 
importation of any wildlife at the place where Service clearance under 
Sec. 14.52 is requested. However, wildlife may be transshipped under 
bond to a different port for release from custody by Customs Service 
officers under 19 U.S.C. 1499. For certain antique articles as specified 
in Sec. 14.22, importers or their agents must file a Form 3-177 with the 
District Director of Customs at the port of entry prior to release from 
Customs custody. Importers or their agents must furnish all applicable 
information requested on the Form 3-177 and the importer, or the 
importer's agent, must certify that the information furnished is true 
and complete to the best of his/her knowledge and belief.

[61 FR 49980, Sept. 24, 1996]



Sec. 14.62  Exceptions to import declaration requirements.

    (a) Except for wildlife requiring a permit pursuant to part 17 or 23 
of this subchapter B, an importer or his/her agent does not have to file 
a Declaration for Importation or Exportation of Fish or Wildlife (Form 
3-177) for importation of shellfish and fishery products imported for 
purposes of human or animal consumption, or taken in waters under the 
jurisdiction of the United States or on the high seas for recreational 
purposes;
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, a Declaration for Importation or 
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed 
for importation of the following:
    (1) Fish taken for recreational purposes in Canada or Mexico;
    (2) Wildlife products or manufactured articles that are not intended 
for commercial use and are used as clothing or contained in accompanying 
personal baggage, except that an importer or his/her agent must file a 
Form 3-177 for raw or dressed furs; for raw, salted, or crusted hides or 
skins; and for game or game trophies; and
    (3) Wildlife products or manufactured articles that are not intended 
for commercial use and are a part of a shipment of the household effects 
of persons moving their residence to the United States, except that an 
importer or his/her agent must file a declaration

[[Page 60]]

for raw or dressed furs and for raw, salted, or crusted hides or skins.
    (c) General declarations for certain specimens. Notwithstanding the 
provisions of 14.61 and except for wildlife included in paragraph (d) of 
this section, an importer or his/her agent may describe in general terms 
on a Declaration for the Importation or Exportation of Fish or Wildlife 
(Form 3-177) scientific specimens imported for scientific institutions 
for taxonomic, systematic research, or faunal survey purposes. An 
importer or his/her agent must file an amended Form 3-177 within 180 
days after filing of the general declaration with the Service. The 
declaration must identify specimens to the most accurate taxonomic 
classification reasonably practicable using the best available taxonomic 
information. The Director may grant extensions of the 180-day period.
    (d) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, 22 or 23 of this subchapter, an importer or his/her agent does 
not have to file a Declaration for the Importation or Exportation of 
Fish or Wildlife (Form 3-177) at the time of importation for shipments 
of dead, preserved, dried, or embedded scientific specimens or parts 
thereof, imported by accredited scientists or accredited scientific 
institutions for taxonomic or systematic research purposes. An importer 
or his/her agent must file a Form 3-177 within 180 days of importation 
with the appropriate Assistant Regional Director--Law Enforcement in the 
Region where the importation occurs. The declaration must identify the 
specimens to the most accurate taxonomic classification reasonably 
practicable using the best available taxonomic information, and must 
declare the country of origin. Except: That this exception will not 
apply to any specimens or parts thereof taken as a result of sport 
hunting.

[45 FR 56673, Aug. 25, 1980; 45 FR 64953, Oct. 1, 1980, as amended at 61 
FR 31870, June 21, 1996]



Sec. 14.63  Export declaration requirements.

    Except as otherwise provided by the regulations of this subpart, a 
completed Declaration for Importation or Exportation of Fish or Wildlife 
(Form 3-177) signed by the exporter, or the exporter's agent, shall be 
filed with the Service prior to the export of any wildlife at the port 
of exportation as authorized in subpart B of this part. All applicable 
information requested on the Form 3-177 shall be furnished, and the 
exporter or the exporter's agent shall certify that the information 
furnished is true and complete to the best of his/her knowledge and 
belief.



Sec. 14.64  Exceptions to export declaration requirements.

    (a) Except for wildlife requiring a permit pursuant to part 17 or 23 
of this subchapter B, an exporter or his/her agent does not have to file 
a Declaration for Importation or Exportation of Fish or Wildlife (Form 
3-177) for the exportation of shellfish and fishery products exported 
for purposes of human or animal consumption or taken in waters under the 
jurisdiction of the United States or on the high seas for recreational 
purposes, and does not have to file for the exportation of live aquatic 
invertebrates of the Class Pelecypoda (commonly known as oysters, 
claims, mussels, and scallops) and the eggs, larvae, or juvenile forms 
thereof exported for purposes of propagation, or research related to 
propagation.
    (b) Except for wildlife requiring a permit pursuant to part 16, 17, 
18, 21, or 23 of this subchapter B, a Declaration for the Importation or 
Exportation of Fish or Wildlife (Form 3-177) does not have to be filed 
for the exportation of the following:
    (1) Wildlife that is not intended for commercial use where the value 
of such wildlife is under $250;
    (2) Wildlife products or manufactured articles, including game 
trophies, that are not intended for commercial use and are used as 
clothing or contained in accompanying personal baggage or are part of a 
shipment of the household effects of persons moving their residence from 
the United States; and
    (3) Shipments of dead, preserved, dried, or embedded scientific 
specimens or parts thereof, exported by accredited scientists or 
accredited scientific institutions for taxonomic or systematic research 
purposes. An exporter or his/her agent must file a Form 3-177 within 180

[[Page 61]]

days of exportation with the appropriate Assistant Regional Director--
Law Enforcement in the Region where the exportation occurs. The 
declaration must identify the specimens to the most accurate taxonomic 
classification reasonably practicable using the best available taxonomic 
information, and must declare the country of origin. Except: That this 
exception will not apply to any specimens or parts thereof taken as a 
result of sport hunting.
    (c) Except for wildlife requiring a period pursuant to parts 17 or 
23 of this subchapter, a Declaration for the Importation or Exportation 
of Fish or Wildlife (Form 3-177) does not have to be filed for the 
exportation of live farm-raised fish and farm-raised fish eggs as 
defined in Sec. 14.23.

[45 FR 56673, Aug. 25, 1980, as amended at 59 FR 41714, Aug. 15, 1994; 
61 FR 31870, June 21, 1996]

Subpart G  [Reserved]



              Subpart H--Marking of Containers or Packages

    Source: 52 FR 45341, Nov. 27, 1987, unless otherwise noted.



Sec. 14.81  Marking requirement.

    Except as otherwise provided in this subpart, no person may import, 
export, or transport in interstate commerce any container or package 
containing any fish or wildlife (including shellfish and fishery 
products) unless he/she marks each container or package conspicuously on 
the outside with both the name and address of the shipper and consignee. 
An accurate and legible list of its contents by species scientific name 
and the number of each species and whether or not the listed species are 
venomous must accompany the entire shipment.

[61 FR 31870, June 21, 1996]



Sec. 14.82  Alternatives and exceptions to the marking requirement.

    (a) The requirements of Sec. 14.81 may be met by complying with one 
of the following alternatives to the marking requirement:
    (1)(i) Conspicuously marking the outside of each container or 
package containing fish or wildlife with the word ``fish'' or 
``wildlife'' as appropriate for its contents, or with the common name of 
its contents by species, and
    (ii) Including an invoice, packing list, bill of lading, or similar 
document to accompany the shipment which accurately states the name and 
address of the shipper and consignee, states the total number of 
packages or containers in the shipment, and for each species in the 
shipment specifies:
    (A) The common name that identifies the species (examples include: 
Chinook (or king) salmon; bluefin tuna; and whitetail deer) and whether 
or not the listed species is venomous; and
    (B) The number of that species (or other appropriate measure of 
quantity such as gross or net weight).

The invoice, packing list, bill of lading, or equivalent document must 
be securely attached to the outside of one container or package in the 
shipment or otherwise physically accompany the shipment in a manner 
which makes it readily accessible for inspection; or
    (2) Affixing the shipper's wildlife import/export license number 
preceded by the three letters ``FWS'' on the outside of each container 
or package containing fish or wildlife, if the shipper has valid 
wildlife import/export license issued under authority of 50 CFR part 14. 
For each shipment marked in accordance with this paragraph, the records 
maintained under Sec. 14.93(c) must include a copy of the invoice, 
packing list, bill of lading, or other similar document that accurately 
states the information required by paragraph (a)(1)(ii) of this section.
    (3) In the case of subcontainers or packages within a larger packing 
container, only the outermost container must be marked in accordance 
with this section. Except, that for live fish or wildlife that are 
packed in subcontainers within a larger packing container, if the 
subcontainers are numbered or labeled, the packing list, invoice, bill 
or lading, or other similar document, must reflect that number or label. 
However, each subcontainer containing a venomous species must be clearly 
marked as venomous.
    (4) A conveyance (truck, plane, boat, etc.) is not considered a 
container for

[[Page 62]]

purposes of requiring specific marking of the conveyance itself, 
provided that:
    (i) The fish or wildlife within the conveyance is carried loosely or 
is readily identifiable, and is accompanied by the document required by 
paragraph (a)(1)(ii) of this section, or
    (ii) The fish or wildlife is otherwise packaged and marked in 
accordance with this subpart.
    (b) The requirements of Sec. 14.81 do not apply to containers or 
packages containing--
    (1) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, 
and karakul that have been bred and born in captivity, or their 
products, if a signed statement certifying that the animals were bred 
and born in captivity accompanies the shipping documents;
    (2) Fish or shellfish contained in retail consumer packages labeled 
pursuant to the Food, Drug and Cosmetic Act, 21 U.S.C. 301 et seq.; or
    (3) Fish or shellfish that are landed by, and offloaded from, a 
fishing vessel (whether or not the catch has been carried by the fishing 
vessel interstate), as long as the fish or shellfish remain at the place 
where first offloaded.

(Approved by the Office of Management and Budget under control number 
1018-0022)

[52 FR 45341, Nov. 27, 1987, as amended at 61 FR 31871, June 21, 1996]



                    Subpart I--Import/Export Licenses



Sec. 14.91  License requirement.

    (a) Prohibition. Except as otherwise provided in this subpart, it is 
unlawful for any person to engage in business as an importer or exporter 
of wildlife without first having obtained a valid import/export license 
from the Director.
    (b) Definition. As used in this subpart, the phrase engage in 
business as an importer or exporter of wildlife means for a person to 
devote time, attention, labor, or effort to any activity for gain or 
profit that involves the importation or exportation of wildlife whether 
or not such person is an importer or exporter within the meaning of the 
customs laws of the United States.
    (c) Certain persons required to be licensed. The definition in 
paragraph (b) of this section includes, but is not limited to, persons 
who import or export wildlife for commercial purposes:
    (1) For trade, sale, or resale, such as animal dealers, animal 
brokers, pet dealers, pet suppliers, and laboratory research suppliers;
    (2) In the form of fur for tanning, manufacture, or sale, such as 
fur trappers, dealers, brokers, and manufacturers;
    (3) In the form of hides and skins for tanning, manufacture, or 
sale, such as hide, skin, and leather dealers, brokers, manufacturers, 
and processors;
    (4) In the form of products (such as garments, bags, shoes, boots, 
jewelry, rugs, or curios) for sale, such as wholesalers, retailers, 
distributors, and brokers;
    (5) As taxidermists in connection with the mounting processing, or 
storage of trophies or specimens;
    (6) As freight forwarders; and
    (7) In the form of food products taken from populations of non-
domesticated animals.

[45 FR 56673, Aug. 25, 1980, as amended at 61 FR 31871, June 21, 1996]



Sec. 14.92  Exceptions to license requirement.

    (a) Certain wildlife. Any person may engage in business as an 
importer or exporter of the following wildlife without procuring an 
import/export license:
    (1) Shellfish and fishery products that do not require a permit 
under part 17 or 23 of this subchapter B and that are imported or 
exported for purposes of human or animal consumption;
    (2) Shellfish and fishery products that do not require a permit 
under part 17 or 23 of this subchapter B and that are taken in waters 
under the jurisdiction of the United States or on the high seas for 
recreational purposes;
    (3) Fox, nutria, rabbit, mink, chinchilla, marten, fisher, muskrat, 
and karakul and their products if the animals have been bred and born in 
captivity;
    (4) Live farm-raised fish and farm-raised eggs of species not 
requiring a permit under part 17 or 23 of this subchapter B that are 
being exported;
    (5) Live aquatic invertebrates of the Class Pelecypoda (commonly 
known as oysters, clams, mussels, and scallops)

[[Page 63]]

and the eggs, larvae, or juvenile forms thereof exported for purposes of 
propagation or research related to propagation; and
    (6) Pearls imported or exported for commercial purposes.
    (b) Certain persons. The following persons may engage in business as 
importers or exporters of wildlife without procuring an import/export 
license: Provided, That such persons keep such records as will fully and 
correctly disclose each importation or exportation of wildlife made by 
them and the subsequent disposition made by them with respect to the 
wildlife, and that subject to applicable limitations of law, duly 
authorized Service officers at all reasonable times shall, upon notice, 
be afforded access to such persons' places of business, an opportunity 
to examine their inventory of imported wildlife and the records required 
above, and an opportunity to copy such records:
    (1) Common carriers when engaged as transporters and not as 
importers or exporters of record;
    (2) Custom house brokers when engaged as agents and not as importers 
or exporters of record;
    (3) Public museums, or other public, scientific or educational 
institutions, importing or exporting wildlife for research or 
educational purposes and not for resale;
    (4) Federal, State, or municipal agencies; and
    (5) Circuses importing or exporting wildlife for exhibition purposes 
only and not for purchase, sale, barter, or transfer of such wildlife.

[45 FR 56673, Aug. 25, 1980, as amended at 45 FR 86497, Dec. 31, 1980; 
50 FR 52890, Dec. 26, 1985; 61 FR 31871, June 21, 1996]



Sec. 14.93  License application procedure, conditions, and duration.

    (a) General. The Director may, upon receipt of an application 
submitted in accordance with the provisions of this section and 
Secs. 13.11 and 13.12 of this subchapter, issue a license authorizing 
the applicant to engage in business as an importer or exporter of 
wildlife.
    (b) Application procedure. Applications for import/export licenses 
must be submitted to the appropriate Special Agent in Charge (see 
Sec. 10.22 of this subchapter). Each application must contain the 
general information and certification required by Sec. 13.12(a) of this 
subchapter, plus the following additional information:
    (1) A brief description of the nature of the applicant's business as 
it relates to the importation or exportation of wildlife, e.g., ``live 
animal dealer,'' ``fur broker,'' ``taxidermist,'' ``retail department 
store,'' and ``pet shop;''
    (2) If the application is in the name of a business, a statement 
disclosing the names and addresses of all partners and principal 
officers;
    (3) A statement of where books or records concerning wildlife 
imports or exports will be kept;
    (4) A statement of where inventories of wildlife will be stored; and
    (5) Name, address, and telephone number of the officer, manager, or 
other person authorized to make records or wildlife inventories 
available for examination by Service officials.
    (c) Additional license conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, import/export 
licenses are subject to the following special conditions:
    (1) The licensee shall, from the effective date of the license, keep 
such records as will fully and correctly disclose each importation or 
exportation of wildlife made by the licensee and the subsequent 
disposition made by the licensee with respect to such wildlife. The 
records must include a general description of the form of the wildlife, 
such as ``live,'' ``raw hides,'' or ``fur garments;'' the quantity of 
wildlife, in numbers, weight, or other appropriate measure; the common 
and scientific names; the country or place of origin of the wildlife, if 
known; the date and place of import or export; the date of the 
subsequent disposition of the wildlife; the manner of disposition, 
whether by sale, barter, consignment, loan, delivery, destruction, or 
other means; and the name and address of the person who received the 
wildlife pursuant to such disposition, if applicable;
    (2) Licensees shall include and retain in their records copies of 
all permits required by the laws and regulations of the United States 
and any country of export or origin;

[[Page 64]]

    (3) Licensees shall maintain such books and records for a period of 
five years;
    (4) Subject to applicable limitations of law, licensees must provide 
duly authorized Service officers at all reasonable times, upon notice, 
access to the licensee's places of business and give an opportunity to 
examine the licensee's inventory of imported wildlife and the records 
required to be kept under paragraph (c)(1) of this section, and give an 
opportunity to copy such records;
    (5) Licensees must, upon written request by the Director, submit 
within 30 days of such request a report containing the information 
required to be maintained by paragraph (c)(1) of this section.
    (6) An import/export license is only permission to engage in 
business as an importer or exporter of wildlife. Such a license is in 
addition to, and does not supersede, any other requirement established 
by law for the importation or exportation of wildlife.
    (7) Licensees agree to pay, as a condition of the license, 
reasonable user fees for inspections of commercial wildlife shipments 
imported or exported under the authorization of the license.
    (d) Duration of license. Any license issued under this section 
expires on the date designated on the face of the license. In no case 
will the license be valid for more than 1 year from the date of 
issuance.
    (e) Issuance, denial, suspension, revocation, or renewal of license. 
Payment of all license and inspection fees shall be a condition of the 
license. It shall be grounds for suspension or revocation of any 
license, or for denial or renewal of a license, or of grant of a new 
import/export license to any person named as the holder, or a principal 
officer or agent of a holder, of a previous license issued pursuant to 
this subpart, that any license fees or any fees owing for inspections of 
wildlife shipments remain unpaid at the time of application for renewal 
or of new application. Additional provisions governing the issuance, 
denial, suspension, revocation, and renewal of an import/export license 
are found in part 13 of this subchapter B.

[45 FR 56673, Aug. 25, 1980, as amended at 50 FR 52890, Dec. 26, 1985; 
61 FR 31871, June 21, 1996]



Sec. 14.94  What fees apply to me?

    (a) License and inspection fees. We will impose a yearly fee for a 
license pursuant to Sec. 14.93. In addition, you must pay an inspection 
fee for each wildlife shipment imported into or exported from the United 
States at a designated port. If you import into or export from the 
United States wildlife shipments meeting the criteria outlined in 
paragraph (e) of this section, you are exempt from the designated port 
inspection fee, or nondesignated port administrative fee and hourly 
minimums, whichever apply. However, you must pay applicable overtime 
fees and permit fees.
    (b) Designated port overtime fees. The Service may charge importers 
or exporters of wildlife, regardless of being licensed as a commercial 
importer or exporter, a fee for overtime for inspections that begin 
before normal working hours, that extend beyond normal working hours, or 
are on a holiday, Saturday, or Sunday if the importer/exporter requested 
that the inspection be performed outside normal work hours. Overtime 
fees consist of an increased hourly rate equal to 1\1/2\ times the 
average hourly rate of a journeyman level wildlife inspector. Overtime 
fees will be in addition to inspection fees imposed for license holders 
at designated ports. If an importer/exporter presents a shipment for 
inspection during normal work hours but the Service cannot perform the 
inspection during normal work hours on that day, the service will give 
the importer/exporter the option of performing the inspection later 
during normal work hours or charging for overtime. The Service's ability 
to perform inspections during overtime hours will depend on the 
availability of Service personnel. The Service will use the following 
parameters when calculating the overtime fee:
    (1) Inspection overtime commences when a Service officer departs 
that officer's residence or official duty station enroute to the 
inspection site or at the end of normal work hours. Inspection

[[Page 65]]

overtime terminates when the officer returns to the point of departure 
or official duty station or when the inspection is completed, whichever 
occurs later.
    (2) For an inspection at a designated port beginning less than 1 
hour before normal work hours, the Service will charge 1 hour of time, 
at an hourly rate of 1\1/2\ times the average hourly rate of a 
journeyman level Wildlife Inspector. For all other overtime inspections 
at a designated port the Service will charge a minimum of 2 hours of 
time, at an hourly rate of 1\1/2\ times the average hourly rate of a 
journeyman level Wildlife Inspector, except that for all inspections 
performed on a federal holiday the Service will charge a minimum of 2 
hours at twice the average hourly rate of a journeyman level Wildlife 
Inspector.
    (3) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the 
first 2 hours. The Service will round up inspection time of 10 minutes 
or more to the next quarter hour and will disregard any time less than 
10 minutes.
    (4) The fee schedule will apply to all inspections regardless of 
importer/exporter of record, except, that the Service will charge 
multiple shipments consigned to the same importer/exporter and inspected 
at one location one 2-hour minimum or actual time, whichever is greater.
    (c) Nondesignated port fees. The Service will charge permittees 
issued permits under subpart C of this part, and licensed commercial 
importers and exporters a fee for inspections at nondesignated ports. 
The fees consist of a flat administrative fee plus a minimum of two 
hours of time at staffed nondesignated ports. The Service will use the 
following parameters when calculating fees:
    (1) During normal working hours the Service will charge permittees 
issued permits under subpart C of this part, regardless of being 
licensed as a commercial importer or exporter, an administrative fee 
plus a minimum of 2 hours of time at the average hourly rate of a 
journeyman level wildlife inspector. The Service will charge permittees 
requesting clearance outside normal working hours, including Saturday 
and Sunday, an administrative fee plus a minimum of 2 hours of time at 
1\1/2\ times the average hourly rate of a journeyman level wildlife 
inspector, except that for all inspections performed on a federal 
holiday the Service will charge a minimum of 2 hours at twice the 
average hourly rate of a journeyman level wildlife inspector.
    (2) The Service will charge any inspection time in excess of the 2-
hour minimum in quarter hour increments at the same hourly rate as the 
first 2 hours. The Service will round up inspection time of 10 minutes 
or more to the next quarter hour and will disregard any time less than 
10 minutes.
    (3) The Service will not charge importers or exporters who are not 
required to have a permit under subpart C of this part, except that the 
Service will charge licensed importers or exporters an administrative 
fee only during normal working hours, and overtime hourly rates and 
minimums will apply outside normal working hours.
    (4) For inspections performed under a permit issued under subpart C 
of this part at nondesignated ports with no permanent Service law 
enforcement staff, the Service will charge all costs associated with 
inspection and clearance, including, salary, travel and transportation 
costs, and per diem.
    (d) Schedule.

                              General Fees
------------------------------------------------------------------------
 
 Import/Export license fee.......  $50 per year.
Inspection fee...................  $55 per shipment.
------------------------------------------------------------------------
 
                         Inspection Fee Schedule
------------------------------------------------------------------------
 
Designated ports: Licensees:
    Inspections during normal      $55 Inspection fee.
     work hours.
Inspections beginning less than 1  $55 Inspection fee plus $30.
 hour before normal work hours.

[[Page 66]]

 
Inspections beginning more than 1  $55 Inspection fee plus 2 hour
 hour before normal work hours.     minimum at $30/hr.
Inspections after normal work      $55 Inspection fee plus 2 hour
 hours (including Saturdays and     minimum at $30/hr.
 Sundays).
Inspections on federal holidays..  $55 Inspection fee plus 2 hour
                                    minimum at $40/hr.
Designated ports: Nonlicensees:
    Inspection during normal work  No charge.
     hours.
    Inspections beginning outside  2 hour minimum at $30/hr.
     normal work hours.
Staffed nondesignated ports:
 Subpart C permit holders,
 regardless of license status:
    Inspections during normal      $55 Administrative fee plus 2 hour
     work hours.                    minimum at $20/hr.
    Inspections beginning outside  $55 Administrative fee plus 2 hour
     normal work hours (including   minimum at $30/hr.
     Saturdays and Sundays).
    Inspections on federal         $55 Administrative fee plus 2 hour
     holidays.                      minimum at $40/hr.
    Nonstaffed nondesignated       $55 Administrative fee plus all costs
     ports:.                        associated with inspection and
                                    clearance.
Staffed nondesignated ports: No
 subpart C permit required
 (Border/Special Ports):
    Import/export license holders  $55 Administrative fee.
    All others...................  No charge.
------------------------------------------------------------------------

    (1) The Service will not refund any fee or any portion of any 
license or inspection fee or excuse payment of any fee because 
importation or clearance of wildlife shipment is refused for any reason.
    (2) [Reserved]
    (e) Your wildlife shipments meeting all of the following criteria 
are exempt from the designated port inspection fee or nondesignated port 
administrative fee and hourly minimums:
    (1) The wildlife you are shipping does not require permits under 
parts 16, 17, 18, 21, 22, or 23 of this subchapter;
    (2) You are importing or exporting wildlife between the United 
States and Canada or Mexico;
    (3) The wildlife you are shipping consists of raw fur, raw, salted, 
or crusted hides or skins, or separate parts thereof, lawfully taken 
from the wild in the United States, Canada, or Mexico;
    (4) You, as the importer or exporter of record, or a member of your 
immediate family (your spouse, parents, siblings, and children), took 
the wildlife from the wild;
    (5) You are licensed in accordance with Sec. 14.91;
    (6) You have not previously bought or sold the wildlife or any part 
thereof being shipped;
    (7) Your shipment does not exceed 100 raw furs, raw, salted, or 
crusted hides or skins, or separate parts thereof;
    (8) Your shipment does not contain any manufactured products or live 
animals.
    (9) You certify that your shipment meets the criteria in this 
paragraph.

[61 FR 31871, June 21, 1996, as amended at 64 FR 23025, Apr. 29, 1999]



  Subpart J--Standards for the Humane and Healthful Transport of Wild 
                 Mammals and Birds to the United States

    Source: 57 FR 27108, June 17, 1992, unless otherwise noted.



Sec. 14.101  Purposes.

    The purpose of this subpart is to prescribe requirements necessary 
to ensure that live wild mammals and birds shipped to the United States 
arrive alive, healthy, and uninjured, and that transportation of such 
animals occurs under humane and healthful conditions. These regulations 
implement section 9(d) of the Lacey Act Amendments of 1981.

[[Page 67]]



Sec. 14.102  Definitions.

    In addition to the definitions contained in part 10 of subchapter B 
of this chapter, in this subpart--
    Ambient air temperature means the temperature of the air surrounding 
a primary enclosure containing a wild mammal or bird.
    Auxiliary ventilation means cooling or air circulation provided by 
such means as vents, fans, blowers, or air conditioning.
    Carrier means any person operating an airline, railroad, motor 
carrier, shipping line, or other enterprise engaged in the business of 
transporting any wild mammal or bird for any purpose including 
exhibition and for any person, including itself.
    Communicable disease means any contagious, infectious, or 
transmissible disease of wild mammals or birds.
    Conveyance means any vehicle, vessel, or aircraft employed to 
transport an animal between its origin and destination.
    Do not tip means do not excessively rock or otherwise move from a 
vertical to a slanting position, knock over, or upset.
    Handle means feed, manipulate, crate, shift, transfer, immobilize, 
restrain, treat, or otherwise control the movement or activities of any 
wild mammal or bird.
    Holding area means a designated area at or within a terminal 
facility that has been specially prepared to provide shelter and other 
requirements of wild mammals or birds being transported to the United 
States and in which such mammals or birds are maintained prior to, 
during, or following such shipment.
    Kept clean means maintained free from dirt, trash, refuse, excreta, 
remains from other cargo, and impurities of any type.
    Marine mammal means an individual of a species of the orders 
Cetacea, Pinnipedia, or Sirenia, or a polar bear (Ursus maritimus) or 
sea otter (Enhydra lutris).
    Noncompatible means not capable of existing together in harmony.
    Nonhuman primate means any nonhuman member of the order Primates.
    Normal rigors of transportation means the stress that a wild animal 
can be expected to experience as a result of exposure to unaccustomed 
surroundings, unfamiliar confinement, caging, unfamiliar sounds, motion, 
and other conditions commonly encountered during transport.
    Primary enclosure means any structure used to restrict a mammal or 
bird to a limited amount of space, such as a cage, room, pen, run, 
stall, pool, or hutch.
    Professionally accepted standards means a level of practice 
established as acceptable by a body of qualified persons of the 
veterinary medical profession.
    Psychological trauma means an episode of exposure to stressful 
conditions resulting in significant behavioral abnormality including, 
but not limited to, manifestations of unaccustomed aggressiveness, self-
mutilation, or refusal of food or water.
    Raptor means a live migratory bird of the order Falconiformes or the 
order Strigiformes.
    Sanitize means to make physically clean and, as far as possible, 
free of toxic or infectious agents injurious to the health of wild 
mammals or birds.
    Scheduled departure time means the time listed on a timetable of 
departures and arrivals or, in the absence of a timetable, the time of 
departure agreed to by a carrier and shipper.
    Shipper means any person, other than a carrier, involved in the 
transport of wild animals to the United States regardless of the purpose 
of such transport; e.g., exporter, importer, or agent.
    Terrestrial mammals means mammals other than marine mammals.
    Transport means to move, convey, carry, or ship by any means, or to 
deliver or receive for the purpose of movement, carriage, or shipment, 
by air, land, or sea.
    Transporting device means any vehicle or device used to transport an 
animal between a conveyance and a terminal facility, in and around a 
terminal facility of a carrier, or within a conveyance.
    Unweaned means a bird or mammal incapable of feeding itself 
independently.
    Wild means the same as fish or wildlife, as defined in Sec. 10.12 of 
this chapter.

[[Page 68]]



Sec. 14.103  Prohibitions.

    Unless the requirements of this subpart are fully satisfied and all 
other legal requirements are met, it is unlawful for any person to 
transport to the United States, cause to be transported to the United 
States, or allow to be transported to the United States any live wild 
mammal or bird. It shall be unlawful for any person to import, to 
transport, or to cause or permit to be transported to the United States 
any wild mammal or bird under inhumane or unhealthful conditions or in 
violation of this subpart J.



Sec. 14.104  Translations.

    Any certificate or document required by this subpart to accompany a 
mammal or bird transported to the United States and written in a foreign 
language must be accompanied by an accurate English translation.



Sec. 14.105  Consignment to carrier.

    (a) No carrier shall accept any live wild mammal or bird for 
transport to the United States that has not been examined within 10 days 
prior to commencement of transport to the United States by a 
veterinarian certified as qualified by the national government of the 
initial country from which the mammal or bird is being exported. If the 
national government of such country does not certify veterinarians, then 
the veterinarian must be certified or licensed by a local government 
authority designated by the national government as authorized to certify 
veterinarians.
    (b)(1) A certificate of veterinary medical inspection, signed by the 
examining veterinarian, stating that the animal has been examined, is 
healthy, appears to be free of any communicable disease, and is able to 
withstand the normal rigors of transport must accompany the mammal or 
bird; the certificate should include the veterinarian's license number, 
certification number, or equivalent. A mammal in the last third of its 
pregnancy, if this is detectable using professionally accepted 
standards, shall not be accepted for transport to the United States 
except for medical treatment and unless the examining veterinarian 
certifies in writing that the animal has been examined, the state of 
pregnancy has been evaluated, and that, despite the medical condition 
requiring treatment, the animal is physically able to withstand the 
normal rigors of transportation to the United States.
    (2) A nursing mother with young, an unweaned mammal unaccompanied by 
its mother, or an unweaned bird shall be transported only if the primary 
purpose is for needed medical treatment and upon certification in 
writing by the examining veterinarian that the treatment is necessary 
and the animal is able to withstand the normal rigors of transport. Such 
an unweaned mammal or bird shall not be transported to the United States 
for medical treatment unless it is accompanied at all times by and 
completely accessible to a veterinary attendant.
    (c) A sick or injured wild mammal or bird shall be permitted 
transport to the United States only if the primary purpose of such 
transport is for needed medical treatment and upon certification in 
writing by the examining veterinarian that the treatment is necessary 
and the animal is able to withstand the normal rigors of travel in its 
present condition. A sick or injured animal shall be accompanied at all 
times throughout the transport process by a veterinary attendant 
qualified to care for and treat it, with continuous access to the 
animal. This individual shall be in possession of or have ready access 
to all medications to be administered during the transport.
    (d) No carrier shall accept any wild mammal or bird for transport to 
the United States presented by the shipper less than 2 hours or more 
than 6 hours prior to the scheduled departure of the conveyance on which 
it is to be transported. The carrier shall notify the crew of the 
presence of live animal shipments.



Sec. 14.106  Primary enclosures.

    No carrier shall accept for transport to the United States any live 
wild mammal or bird in a primary enclosure that does not conform to the 
following requirements:
    (a) The Container Requirements of the Live Animal Regulations (LAR), 
20th edition, October 1, 1993, published

[[Page 69]]

by the International Air Transport Association (IATA) shall be complied 
with by all parties transporting wild mammals or birds to the United 
States. The incorporation by reference of the LAR was approved by the 
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51. Copies may be obtained from IATA, 2000 Peel St., 
Montreal, Quebec, Canada H3A 2R4. Copies may be inspected at the U.S. 
Fish and Wildlife Service, 4401 N. Fairfax Dr., Arlington, VA 22203 or 
at the Office of the Federal Register, 800 North Capitol Street, NW., 
suite 700, Washington, DC.
    (b) A primary enclosure shall be constructed so that--
    (1) The strength of the enclosure is sufficient to contain the 
mammal or bird and to withstand the normal effects of transport;
    (2) The interior of the enclosure is free from any protrusion that 
could be injurious to the mammal or bird within;
    (3) No part of the animal can extend or protrude outside of the 
primary enclosure which may result in injury to the contained animal, to 
nearby persons or animals, or to handlers of the primary enclosure;
    (4) Access to the primary enclosure is closed and secured with an 
animal-proof device designed to prevent accidental opening and release 
of the mammal or bird;
    (5) The opening of the enclosure is easily accessible for either 
emergency removal or inspection of the mammal or bird by authorized 
personnel without the risk of escape of the mammal or bird;
    (6) The enclosure has sufficient openings to ensure adequate 
circulation of air at all times.
    (7) The material of which the primary enclosure is constructed is 
not treated with any paint, preservative, or other chemical that is 
injurious or otherwise harmful to the health or well-being of mammals 
and birds.
    (c) Unless the enclosure is permanently affixed in the conveyance or 
has an open top for certain large mammals, spacer bars allowing 
circulation of air around the enclosure shall be fitted to the exterior 
of its top, sides, and base. Spacer bars on an enclosure need extend no 
more than 6 inches (15 centimeters) from the surface of the enclosure. 
Within this 6 inch limit, the spacers on an enclosure containing one 
animal shall extend a distance equal to at least 10 percent of the 
longer dimension of the surface to which they are attached, and the 
spacers on an enclosure containing more than one animal shall extend a 
distance equal to at least 20 percent of the longer dimension of the 
surface to which they are attached. Hand-holds may serve as spacer bars 
for the sides of the enclosure to which they are attached. A primary 
enclosure constructed with one or more slanted or curved walls 
containing ventilation openings need not be fitted with spacer bars on 
such walls.
    (d) An enclosure that is not permanently affixed within the 
conveyance shall have adequate hand-holds or other devices for lifting 
by hand or to facilitate lifting and carrying by machine. Such hand-
holds or other devices shall be made an integral part of the enclosure, 
shall enable it to be lifted without excessive tipping, and shall be 
designed so that the person handling the enclosure will not come in 
contact with the animals contained therein.
    (e) An enclosure shall have a solid, leak-proof bottom or removable, 
leak-proof collection tray under a slatted or wire mesh floor. The 
slatted or wire mesh floor shall be designed and constructed so that the 
spaces between the slats or the holes in the mesh cannot trap the limbs 
of animals contained within the enclosure. An enclosure for mammals 
shall contain unused absorbent litter on the solid bottom or in the 
leak-proof tray in sufficient quantity to absorb and cover excreta. This 
litter shall be safe and nontoxic and shall not resemble food normally 
consumed by the mammals. An enclosure used to transport marine mammals 
in water, in a waterproof enclosure, a sling, or on foam is exempt from 
the requirement to contain litter. An enclosure used to transport birds 
shall not contain litter, unless it is specified in writing by the 
examining veterinarian as medically necessary.
    (f) If an enclosure has been previously used to transport or store 
wild mammals or birds, it shall have been

[[Page 70]]

cleaned and sanitized in a manner that will destroy pathogenic agents 
and pests injurious to the health of mammals and birds before the 
enclosure can be re-used.
    (g) An enclosure that is not permanently affixed in the conveyance 
shall be clearly marked in English on the outside of the top and one or 
more sides of the enclosure, in letters not less than 2.5 centimeters (1 
inch) in height, ``Live Animals'' or ``Wild Animals'', ``Do Not Tip,'' 
``Only Authorized Personnel May Open Container,'' and other appropriate 
or required instructions. All enclosure sides shall also be 
conspicuously marked on the outside with arrows to indicate the correct 
upright position of the enclosure. These arrows should extend up the 
sides of the enclosure so that the point of the arrow is visible and 
clearly indicates the top of the enclosure.
    (h) Food and water instructions as specified in Sec. 14.108, 
information regarding what constitutes obvious signs of stress in the 
species being transported, and information about any drugs or medication 
to be administered by the accompanying veterinary attendant shall be 
securely attached to each enclosure. Copies of shipping documents 
accompanying the shipment shall also be securely attached to the primary 
enclosure. Original documents shall be carried in the carrier's pouch or 
manifest container or by the shipper's attendant accompanying the wild 
mammal or bird.
    (i) Any food and water troughs shall be securely attached to the 
interior of the enclosure in such a manner that the troughs can be 
filled from outside the enclosure. Any opening providing access to a 
trough shall be capable of being securely closed with an animal-proof 
device. A water trough in an enclosure containing birds shall contain a 
foam or sponge insert, a perforated wooden block, or other suitable 
device to prevent spillage or drowning.
    (j) When a primary enclosure is permanently affixed within a 
conveyance so that its front opening is the only source of ventilation, 
the opening shall face the outside of the conveyance or an unobstructed 
aisle or passageway within the conveyance. Such an aisle or passageway 
shall be at least 12 inches (30 centimeters) wide. The opening in the 
primary enclosure shall occupy at least 90 percent of the total surface 
area of the front wall of the enclosure and be covered with bars or wire 
mesh.

[57 FR 27108, June 17, 1992, as amended at 59 FR 36719, July 19, 1994]



Sec. 14.107  Conveyance.

    (a) The animal cargo space of a conveyance used to transport wild 
mammals or birds to the United States shall be designed, constructed, 
and maintained so as to ensure the humane and healthful transport of the 
animals.
    (b) The cargo space shall be constructed and maintained so as to 
prevent the harmful ingress of engine exhaust fumes and gases produced 
by the conveyance.
    (c) No wild mammal or bird shall be placed in a cargo space of a 
conveyance that does not provide sufficient air for it to breathe 
normally. Primary enclosures shall be positioned in a cargo space in 
such a manner that each animal has access to sufficient air for normal 
breathing.
    (d) The interior of an animal cargo space shall be kept clean of 
disease-causing agents.
    (e) A wild mammal or bird shall not be transported in a cargo space 
that contains any material, substance, or device that may reasonably be 
expected to result in inhumane conditions or be injurious to the 
animal's health unless all reasonable precautions are taken to prevent 
such conditions or injury.



Sec. 14.108  Food and water.

    (a) No carrier shall accept any wild mammal or bird for transport to 
the United States unless written instructions from the shipper 
concerning the animal's food and water requirements are securely affixed 
to the outside of its primary enclosure. Such instructions shall be 
consistent with professionally accepted standards of care and include 
specifically the quantity of water required, the amount and type of food 
required, and the frequency of feeding and watering necessary to ensure 
that the animal is transported humanely and healthfully.

[[Page 71]]

    (b) A mammal or bird requiring drinking water shall have 
uncontaminated water suitable for drinking made available to it at all 
times prior to commencement of transport to the United States, during 
intermediate stopovers, and upon arrival in the United States, or as 
directed by the shipper's written instructions.
    (c) A mammal or bird that obtains moisture from fruits or other food 
shall be provided such food prior to commencement of transport to the 
United States, during stopovers, and upon arrival in the United States, 
or as directed by the shipper's written instructions.
    (d) During a stopover or while still in the custody of the carrier 
after arrival in the United States, a mammal or bird in transit shall be 
observed no less frequently than once every four hours and given food 
and water according to the instructions required by Sec. 14.108(a).
    (e) Suitable and sufficient food shall be made available during 
transport.
    (f) Additional requirements for feeding and watering particular 
kinds of animals are found below in the specifications for the various 
groups.



Sec. 14.109  Care in transit.

    (a) During transportation to the United States, including any 
stopovers during transport, the carrier shall visually inspect each 
primary enclosure not less than once every 4 hours, or in the case of 
air transport, every 4 hours whenever the cargo hold is accessible. 
During such inspections, the carrier shall verify that the ambient air 
temperature is within allowable limits (see Sec. 14.109(b)), that 
enclosures have not been damaged, that adequate ventilation is being 
provided, and when transport is by air, that air pressure suitable to 
support live animals is maintained within the cargo area (pressure 
equivalent to a maximum altitude of 8000 feet). During these 
observations the carrier shall also determine whether any animals are in 
obvious distress as described in documents attached to the enclosure. 
The absence of such a document or the absence of information as to signs 
of distress shall not remove this responsibility. The carrier shall 
attempt to correct any condition causing distress and shall consult the 
shipper concerning any possible need for veterinary care if no 
veterinary attendant is traveling with the shipment; if the shipper 
cannot be reached in the case of an emergency, qualified veterinary care 
should be provided. A veterinarian or qualified attendant traveling with 
the shipment shall be provided access to the animal.
    (b) Unless otherwise specified in writing by the examining 
veterinarian the ambient air temperature in a holding area, transporting 
device, conveyance or terminal facility containing mammals or birds 
shall not be allowed to fall below 12.8 degrees C (55 degrees F) nor to 
exceed 26.7 degrees C (80 degrees F). Auxiliary ventilation shall be 
provided when the ambient air temperature is 23.9 degrees C (75 degrees 
F) or higher. In the case of penguins and auks, the ambient air 
temperature shall not be allowed to exceed 18.3 degrees C (65 degrees F) 
at any time, and auxiliary ventilation shall be provided when the 
ambient air temperature exceeds 15.6 degrees C (60 degrees F). In the 
case of polar bears and sea otters, ambient air temperature shall not be 
allowed to exceed 10 degrees C (50 degrees F).



Sec. 14.110  Terminal facilities.

    (a) Any terminal facility used for wild mammal or bird transport in 
the country of export, stopover countries, or the United States shall 
contain an animal holding area or areas. No carrier or shipper shall co-
mingle live animal shipments with inanimate cargo in an animal holding 
area.
    (b) A carrier or shipper holding any wild mammal or bird in a 
terminal facility shall provide the following:
    (1) A holding area cleaned and sanitized so as to destroy pathogenic 
agents, maintained so that there is no accumulation of debris or 
excreta, and in which vermin infestation is minimized;
    (2) An effective program for the control of insects, ectoparasites, 
and pests of mammals or birds;
    (3) Sufficient fresh air to allow the animals to breathe normally 
with ventilation maintained so as to minimize drafts, odors, and 
moisture condensation;

[[Page 72]]

    (4) Ambient air temperatures maintained within prescribed limits as 
specified in Sec. 14.109(b).



Sec. 14.111  Handling.

    (a) Care shall be exercised to avoid handling the primary enclosure 
in a manner likely to cause physical or psychological trauma to the 
mammal or bird.
    (b) A primary enclosure used to move any mammal or bird shall not be 
dropped, tipped excessively, or otherwise mishandled, and shall not be 
stacked or placed in a manner that may reasonably be expected to result 
in its falling or being tipped.
    (c) Animals incompatible with one another shall not be crated 
together or held in close proximity.
    (d) Transport of mammals or birds to the United States shall be 
accomplished by the carrier in the most expeditious manner, with the 
fewest stopovers possible, and without unnecessary delays.
    (e) Consistent with other procedures and requirements of the 
carrier, live wild mammals or birds shall be last loaded and first 
unloaded from a conveyance.
    (f) A carrier shall not allow mammals or birds to remain for 
extended periods of time outside a holding area and shall move them 
between a holding area and a conveyance as expeditiously as possible. A 
carrier or shipper maintaining mammals or birds in a holding area, or 
transporting them to or from a holding area or between a holding area 
and a conveyance, shall provide the following:
    (1) Shelter from sunlight. When sunlight is likely to cause 
overheating or discomfort, sufficient shade shall be provided to protect 
animals from the direct rays of the sun.
    (2) Shelter from precipitation. Animals shall be provided protection 
so that they remain dry during rain, snow, or other forms of 
precipitation.
    (3) Shelter from cold. Animals shall be provided protection from 
cold. Protection shall include, but not be limited to, that provided by 
covering and/or heating of transporting devices, holding areas, 
conveyances or terminal facilities.
    (4) Protection from harassment. Animals shall be protected from 
disturbances, including, but not limited to, harassment by humans, other 
animals, or machinery that makes noise, emits fumes, heat, or light, or 
causes vibration.



Sec. 14.112  Other applicable provisions.

    In addition to the provisions of Secs. 14.101-14.111, the 
requirements of Secs. 14.121-14.172 applicable for particular groups of 
animals shall be met for all shipments of wild mammals and birds covered 
by this part.

                  Specifications for Nonhuman Primates



Sec. 14.121  Primary enclosures.

    (a) No more than one primate shall be transported in a primary 
enclosure. However, a mother and her nursing young being transported to 
the United States for medical treatment, an established male-female 
pair, a family group, a pair of juvenile animals that have not reached 
puberty, or other pairs of animals that have been habitually housed 
together may be shipped in the same primary enclosure. Primates of 
different species shall not be shipped together in the same enclosure.
    (b) A primary enclosure used to transport a primate shall be large 
enough to ensure that the animal has sufficient space to turn around 
freely in a normal manner, lie down, stand up (as appropriate for the 
species), and sit in a normal upright position without its head touching 
the top of the enclosure. However, a primate may be restricted in its 
movements according to professionally accepted standards of care when 
greater freedom of movement would constitute a danger to the primate or 
to its handler or other persons.
    (c) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 30 
percent of the total surface

[[Page 73]]

area of the ventilated wall and be situated above the midline of the 
enclosure. If ventilation openings are located on all four walls of the 
enclosure, the openings on each wall shall comprise at least 20 percent 
of the total surface area of the wall and be situated above the midline 
of the primary enclosure.



Sec. 14.122  Food and water.

    (a) A nonhuman primate shall be provided water suitable for drinking 
within 4 hours prior to commencement of transport to the United States 
unless the shipper's written instructions direct otherwise. A carrier 
shall provide suitable drinking water to any primate at least every 12 
hours after acceptance for transport to the United States, unless 
instructed in writing to do so more frequently by the shipper.
    (b) After acceptance for transport, and unless otherwise instructed 
in writing by the shipper, a carrier shall provide suitable food to any 
nonhuman primate at least once every 12 hours.



Sec. 14.123  Care in transit.

    (a) A primate shall be observed for signs of distress and given food 
and water according to the shipper's instructions during any 
intermediate stop that lasts more than 4 hours.
    (b) Care shall be taken to keep enclosures containing primates 
sufficiently separated in the conveyance or holding area to minimize the 
risk of spread of disease from one species or shipment to another.

  Specifications for Marine Mammals (Cetaceans, Sirenians, Sea Otters, 
                       Pinnipeds, and Polar Bears)



Sec. 14.131  Primary enclosures.

    (a) A primary enclosure that is not open on top shall have air 
inlets situated at heights that provide cross ventilation at all levels 
and that are located on all four sides of the enclosure. Such 
ventilation openings shall comprise not less than 20 percent of the 
total surface area of each side of the enclosure.
    (b) Straps, slings, harnesses, or other such devices used for body 
support or restraint when transporting marine mammals such as cetaceans 
or sirenians shall meet the following requirements:
    (1) The devices shall not prevent attendants from having access to 
the mammal to administer care during transportation;
    (2) The devices shall be equipped with sufficient padding to prevent 
trauma or injury at points of contact with the mammal's body;
    (3) Slings or harnesses shall allow free movement of flippers 
outside of the harness or sling;
    (4) The devices shall be capable of preventing the mammal from 
thrashing about and causing injury to itself, handlers, or other 
persons, but shall be designed so as not to cause injury to the mammal.
    (c) A primary enclosure used to transport marine mammals shall be 
large enough to assure the following:
    (1) A sea otter or polar bear has sufficient space to turn about 
freely with all four feet on the floor and to sit in an upright 
position, stand, or lie in a natural position;
    (2) A pinniped has sufficient space to lie in a natural position;
    (3) If a sling, harness, or other supporting device is used, there 
are at least 3 inches (7.5 centimeters) of clearance between any body 
part and the primary enclosure;
    (d) A marine mammal may be restricted in its movements according to 
professionally accepted standards of care when freedom of movement would 
constitute a danger to the animal or to handlers or other persons.
    (e) All marine mammals contained in a given primary enclosure shall 
be of the same species and be maintained in compatible groups. A marine 
mammal that has not reached puberty shall not be transported in the same 
primary enclosure with an adult marine mammal other than its mother. 
Socially dependent animals (e.g., siblings, mother, and offspring) 
transported in the same conveyance shall be allowed visual and, when 
appropriate for the species, olfactory contact. A female marine mammal 
shall not be transported in the same primary enclosure with any mature 
male marine mammal.

[[Page 74]]



Sec. 14.132  Food and water.

    A marine mammal shall not be transported for more than a period of 
36 hours without being offered suitable food unless the shipper's 
written instructions or the shipper's attendant travelling with the 
mammal direct otherwise. After feeding, a marine mammal shall be rested 
for 6 hours prior to resuming transport.



Sec. 14.133  Care in transit.

    (a) Any marine mammal shall be accompanied, in the same conveyance, 
by the shipper or an authorized representative of the shipper 
knowledgeable in marine mammal care to provide for the animal's health 
and well-being. The shipper or representative shall observe such marine 
mammals to determine whether or not they need veterinary care and shall 
provide or obtain any needed veterinary care as soon as possible. Care 
during transport shall include the following (on a species-specific 
basis):
    (1) Keeping the skin moist or preventing the drying of the skin by 
such methods as covering with wet cloths, spraying it with water or 
applying a nontoxic emollient;
    (2) Assuring that the pectoral flippers (when applicable) are 
allowed freedom of movement at all times;
    (3) Making adjustments in the position of the mammal when necessary 
to prevent necrosis of the skin at weight pressure points; and
    (4) Calming the mammal to prevent struggling, thrashing, and other 
activity that may cause overheating or physical trauma.
    (b) Unless otherwise directed by a shipper or authorized 
representative, at least one-half of the floor area in a primary 
enclosure used to transport sea otters to the United States shall 
contain sufficient crushed ice or ice water to provide each otter with 
moisture necessary to maintain its hair coat by preventing it from 
drying and to minimize soiling of the hair coat with urine and fecal 
material.
    (c) A marine mammal exhibiting excited or otherwise dangerous 
behavior shall not be taken from its primary enclosure except under 
extreme emergency conditions and then only by the shipper or other 
authorized individual who is capable of handling the animal safely.

               Specifications for Elephants and Ungulates



Sec. 14.141  Consignment to carrier.

    Species that grow antlers shall not be accepted for transport unless 
the antlers have been shed or surgically removed.



Sec. 14.142  Primary enclosures.

    (a) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 16 
percent of the total surface area of each ventilated wall. When 
ventilation openings are located on all four walls of the primary 
enclosure, the openings shall comprise at least 8 percent of the total 
surface area of each wall. At least one-third of the minimum area 
required for ventilation shall be located on the lower one-half of the 
primary enclosure and at least one-third of the total minimum area 
required for ventilation shall be located on the upper one-half of the 
primary enclosure.
    (b) No more than one elephant or ungulate shall be transported in a 
primary enclosure, except that: a mother and nursing young may be 
shipped in the same primary enclosure if the shipment complies with the 
provisions of Sec. 14.105(b); in the case of land or sea transport, a 
pair of juvenile elephants or ungulates or other pairs that have been 
habitually housed together may be shipped in the same primary enclosure.
    (c) A primary enclosure used to transport an elephant or ungulate 
shall be large enough to allow the animal to lie or stand in a natural 
upright position with the head extended, but not large enough for the 
animal to roll over.
    (d) A primary enclosure used to transport an elephant or ungulate 
with horns or tusks shall be designed and constructed to prevent the 
horns or

[[Page 75]]

tusks from becoming trapped or injuring the animal itself, other animals 
nearby, attendants, or cargo handlers.
    (e) A primary enclosure for an elephant or ungulate shall be 
equipped with a removable water trough that can be securely hung within 
the enclosure above the floor and can be filled from outside the 
enclosure.

   Specifications for Sloths, Bats, and Flying Lemurs (Cynocephalidae)



Sec. 14.151  Primary enclosures.

    (a) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 16 
percent of the total surface area of the ventilated wall. When 
ventilation openings are located on all four walls, the openings shall 
comprise at least 8 percent of the total surface area of each wall. At 
least one-third of the total minimum area required for ventilation of 
the primary enclosure shall be located on the upper one-half of the 
primary enclosure.
    (b) No more than one sloth, bat, or flying lemur (Cynocephalidae) 
shall be transported in a primary enclosure. However, a mother and her 
nursing young being transported for medical reasons, an established 
male-female pair, a family group, a pair of juvenile animals that have 
not reached puberty, or other small groups of animals that have been 
habitually housed together may be shipped in the same primary enclosure.
    (c) A primary enclosure used to transport sloths, bats, or flying 
lemurs shall be large enough to ensure that each animal has sufficient 
space to move freely and in a normal manner and shall have a wide perch, 
bar, or mesh of suitable strength fitted under the top of the enclosure 
and spaced from it in such a way that the animals may hang from it 
freely in a natural position.

              Specifications for Other Terrestrial Mammals



Sec. 14.161  Primary enclosures.

    (a) Except as provided in Sec. 14.106(j), ventilation openings must 
be located on at least two walls of a primary enclosure. When the 
required ventilation openings are located on two opposite walls of the 
primary enclosure, these ventilation openings shall comprise at least 16 
percent of the total surface area of each ventilated wall. When openings 
are located on all four walls of the enclosure, the openings shall 
comprise at least 8 percent of the total surface area of each wall. At 
least one-third of the minimum area required for ventilation shall be 
located on the lower one-half of the enclosure, and at least one-third 
of the total minimum area required for ventilation shall be located on 
the upper one-half of the enclosure.
    (b) No more than one terrestrial mammal (other than rodents) shall 
be transported in a primary enclosure. However, a mother and her nursing 
young may be shipped in the same primary enclosure if the shipment 
complies with the provisions of Sec. 14.105(b).
    (c) More than one rodent may be transported in the same primary 
enclosure if they are members of the same species and are maintained in 
compatible groups. Rodents that are incompatible shall be transported in 
individual primary enclosures that are stored and transported so they 
are visually separated. A female with young being transported for 
medical reasons shall not be placed in a primary enclosure with other 
animals. The following chart specifies maximum densities minimum space 
for transporting rodents that fall within the specified weight 
limitations. Max. No. refers to maximum number per primary enclosure; 
Space/animal refers to minimum area of floor space per animals. Rodents 
weighing more than 5,000 grams shall be transported in individual 
enclosures.

[[Page 76]]



                     Density Guidelines for Rodents
------------------------------------------------------------------------
                                                 Space/Animal    Ht. of
                                          Max. ----------------    Box
                                          No.                  ---------
                                                cm /2/  in /2/   cm   in
------------------------------------------------------------------------
wt. in grams of rodent:
220 or less............................     20     194      30   15    6
220-450................................     12     388      60   20    8
450-1000...............................      6     770     120   25   10
1,000-5,000............................      2   2,310     360   30   12
------------------------------------------------------------------------

    (d) A primary enclosure used to transport terrestrial mammals shall 
be large enough to ensure that each animal has sufficient space to turn 
around freely in a normal manner. The height of the primary enclosure 
shall provide adequate space for the animal to stand upright in a normal 
posture with space above its head. The length of the primary enclosure 
shall be great enough to enable the animal to lie in a full prone 
position.

                        Specifications for Birds



Sec. 14.171  Consignment to carrier.

    (a) A personally owned pet bird originally transported from the 
United States and being returned to this country with its original 
United States certificate of veterinary inspection within 60 days of 
departure may be accepted by a carrier without a new veterinary 
examination.
    (b) No carrier shall accept for transport to the United States any 
bird that was captured in the wild unless a qualified veterinarian, 
authorized by the national government of the country from which the bird 
is being exported, certifies that the bird has been held in captivity 
for at least 14 days.



Sec. 14.172  Primary enclosures.

    (a) A primary enclosure for birds shall have ventilation openings on 
two vertical sides that comprise at least 16 percent of the surface area 
of each side and are positioned so as to decrease the likelihood of 
creating a draft.
    (b) Perches shall be provided for birds that rest by perching. The 
diameter of the perch shall be sufficient to permit the birds to 
maintain a firm, comfortable grip. Perches shall be placed so that 
droppings do not fall into food or water troughs or onto other perched 
birds. There shall be enough head room to allow the birds to move onto 
and off the perches without touching the top of the enclosure.
    (c) An enclosure used to transport one or more birds that rest by 
perching shall be large enough to ensure that sufficient perch space is 
available for all birds to perch comfortably at the same time. No more 
than 50 birds that rest by perching shall be transported in one primary 
enclosure, with the exception of large birds (longer than 23 cm, or 9 
inches), which are limited to a maximum of 25 per primary enclosure.
    (d) A primary enclosure used to transport a raptorial bird shall be 
large enough to transport the bird comfortably and to permit it to turn 
around without stretching its wings to the fullest extent. Only one 
raptorial bird shall be contained in a primary enclosure.
    (e) A primary enclosure containing nonraptorial birds that do not 
rest by perching shall be large enough for the birds to turn around, to 
lie down, to stand erect, and to change posture in a normal manner.
    (f) Nectar-feeding birds shall either be transported in a primary 
enclosure equipped with feeding bottles accessible from outside the 
enclosure for replenishment or hand-carried and fed in accordance with 
the written instructions of the shipper.
    (g) Birds transported in the same primary enclosure shall be of the 
same species and be compatible with one another. Birds that are 
incompatible shall be placed in individual primary enclosures and these 
enclosures shall not be stored or transported in visual proximity to one 
another.



PART 15--WILD BIRD CONSERVATION ACT--Table of Contents




             Subpart A--Introduction and General Provisions

Sec.
15.1  Purpose of regulations.
15.2  Scope of regulations.
15.3  Definitions.
15.4  Information collection requirements.

                Subpart B--Prohibitions and Requirements

15.11  Prohibitions.
15.12  Requirements.

[[Page 77]]

    Subpart C--Permits and Approval of Cooperative Breeding Programs

15.21  General application procedures.
15.22  Permits for scientific research.
15.23  Permits for zoological breeding or display programs.
15.24  Permits for cooperative breeding.
15.25  Permits for personal pets.
15.26  Approval of cooperative breeding programs.

  Subpart D--Approved List of Species Listed in the Appendices to the 
                               Convention

15.31  Criteria for including species in the approved list for captive-
          bred species.
15.32  Criteria for including species in the approved list for non-
          captive-bred species.
15.33  Species included in the approved list.

   Subpart E--Qualifying Facilities Breeding Exotic Birds in Captivity

15.41  Criteria for including facilities as qualifying for imports. 
          [Reserved]
15.42  List of foreign qualifying breeding facilities. [Reserved]

 Subpart F--List of Prohibited Species Not Listed in the Appendices to 
                             the Convention

15.51  Criteria for including species and countries in the prohibited 
          list. [Reserved]
15.52  Species included in the prohibited list. [Reserved]
15.53  Countries of export included in the prohibited list. [Reserved]

    Authority: 61 U.S.C. 4901-4916.

    Source: At 58 FR 60536, Nov. 16, 1993, unless otherwise noted.



             Subpart A--Introduction and General Provisions



Sec. 15.1  Purpose of regulations.

    The regulations in this part implement the Wild Bird Conservation 
Act of 1992, Pub. L. 102-440, 16 U.S.C. 4901-4916.



Sec. 15.2  Scope of regulations.

    (a) The regulations in this part apply to all species of exotic 
birds, as defined in section 15.3.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B that may require a 
permit or prescribe additional restrictions or conditions for the 
import, export, reexport, and transportation of wildlife.



Sec. 15.3  Definitions.

    In addition to the definitions contained in parts 10 and 23 of this 
subchapter B, and unless the context requires otherwise, in this part:
    Documentation means a description of how scientific information was 
collected, including the methodologies used; names and institutions of 
individuals conducting the work; dates and locations of any study; and 
any published results or reports from the work.
    Exotic bird means any live or dead member of the Class Aves that is 
not indigenous to the 50 States or the District of Columbia, including 
any egg or offspring thereof, but does not include domestic poultry, 
dead sport-hunted birds, dead museum specimens, dead scientific 
specimens, products manufactured from such birds, or birds in any of the 
following families: Phasianidae. Numididae, Cracidae, Meleagrididae, 
Megapodiidae, Anatidae, Struthionidae Rheidae, Dromaiinae, and Gruidae.
    Indigenous means a species that is naturally occurring, not 
introduced as a result of human activity, and that currently regularly 
inhabits or breeds in the 50 States or the District of Columbia.
    Life cycle means the annual processes involved with breeding, 
migration, and all other non-breeding activities.
    Person means an individual, corporation, partnership, trust, 
association, or any other private entity; or any officer, employee, 
agent, department, or instrumentality of the Federal Government, of any 
State, municipality, or political subdivision of a State, or of any 
foreign government; any State, municipality, or political subdivision of 
a State; or any other entity subject to the jurisdiction of the United 
States.
    Species means any species, any subspecies, or any district 
population segment of a species or subspecies, and includes hybrids of 
any species or subspecies. Hybrids will be treated according to the more 
restrictive appendix or category in which either parental species is 
listed.

[[Page 78]]

    Status means a qualitative measure of the vulnerability to 
extinction or extirpation of a population at a given time (e.g., 
endangered, threatened, vulnerable, non-threatened, or insufficiently 
known).
    Sustainable use means the use of a species in a manner and at a 
level such that populations of the species are maintained at 
biologically viable levels for the long term and involves a 
determination of the productive capacity of the species and its 
ecosystem, in order to ensure that utilization does not exceed those 
capacities or the ability of the population to reproduce, maintain 
itself and perform its role or function in its ecosystem.
    Trend means a long-term assessment of any change in the absolute or 
relative size of a species' population or habitat over time (e.g., 
increasing, decreasing, at equilibrium, insufficiently known).
    United States means the 50 States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, 
the Commonwealth of the Northern Mariana Islands, and the Trust 
Territory of the Pacific Islands.

[58 FR 60536, Nov. 16, 1993, as amended at 61 FR 2091, Jan. 24, 1996]



Sec. 15.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 15 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0093. The Service may not conduct 
or sponsor, and you are not required to respond, to a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and make decisions, according to criteria 
established in various Federal wildlife conservation statutes and 
regulations, on the issuance, suspension, revocation, or denial of 
permits. You must respond to obtain or retain a permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 1 to 4 hours per response, with an average of 
2 hours per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the forms. 
Direct comments regarding the burden estimate or any other aspect of 
these reporting requirements to the Service Information Collection 
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, 
Washington, DC 20240, or the Office of Management and Budget, Paperwork 
Reduction Project (1018-0093), Washington, DC 20603.

[63 FR 52634, Oct. 1, 1998]



                Subpart B--Prohibitions and Requirements



Sec. 15.11  Prohibitions.

    (a) Except as provided under a permit issued pursuant to subpart C 
of this part, it is unlawful for any person subject to the jurisdiction 
of the United States to commit, attempt to commit, to solicit another to 
commit, or to cause to be committed, any of the acts described in 
paragraphs (b) through (f) of this section in regard to any exotic bird.
    (b) It is unlawful to import into the United States any exotic bird 
species listed in the Appendices to the Convention that is not included 
in the approved list of species, pursuant to subpart D of this part, 
except that this paragraph (b) does not apply to any exotic bird that 
was bred in a foreign breeding facility listed as qualifying pursuant to 
subpart E of this part.
    (c) It is unlawful to import into the United States any exotic bird 
species not listed in the Appendices to the Convention that is listed in 
the prohibited species list, pursuant to subpart F of this part.
    (d) It is unlawful to import into the United States any exotic bird 
species from any country included in the prohibited country list, 
pursuant to subpart F of this part.
    (e) It is unlawful to import into the United States any exotic bird 
species from a qualifying facility breeding exotic birds in captivity, 
listed pursuant to subpart E of this part, if the exotic bird was not 
captive-bred at the listed facility.

[[Page 79]]

    (f) It is unlawful for any person subject to the jurisdiction of the 
United States to engage in any activity with an exotic bird imported 
under a permit issued pursuant to this part that violates a condition of 
said permit.

[58 FR 60536, Nov. 16, 1993, as amended at 59 FR 62255, Dec. 2, 1994]



Sec. 15.12  Requirements.

    (a) No person shall import into the United States any exotic bird 
except as may be permitted under the terms of a valid permit issued 
pursuant to the provisions of subpart C of this part and 50 CFR part 13, 
or in accordance with the provisions of subparts D-F of this part 15, or 
in accordance with the provisions of paragraph (b) of this section.
    (b) Any exotic bird can be imported to the United States if it was 
legally exported from the United States with a permit issued by the 
Service's Office of Management Authority, provided that the import is by 
the same person who exported the bird, the import is accompanied by a 
copy of the cleared CITES export permit or certificate issued by the 
Service that was used to export the exotic bird, and the Service is 
satisfied that the same bird is being imported as is indicted on the 
aforementioned permit or certificate.



    Subpart C--Permits and Approval of Cooperative Breeding Programs



Sec. 15.21  General application procedures.

    (a) The Director may issue a permit authorizing the importation of 
exotic birds otherwise prohibited by Sec. 15.11, in accordance with the 
issuance criteria of this subpart, for the following purposes only: 
Scientific research; zoological breeding or display programs; 
cooperative breeding programs designed to promote the conservation and 
maintenance of the species in the wild; or personally owned pets 
accompanying persons returning to the United States after being out of 
the country for more than 1 year.
    (b) Additional requirements as indicated in parts 13, 14, 17, 21, 
and 23 of this subchapter must also be met.
    (c) A person wishing to obtain a permit under this subpart or 
approval of cooperative breeding programs under this subpart submits an 
application to the Director, U.S. Fish and Wildlife Service (Attention: 
Office of Management Authority), 4401 N. Fairfax Drive, Room 700, 
Arlington, VA 22203. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and all of the information specified in the applicable 
section Secs. 15.22 through 15.26.

[58 FR 60536, Nov. 16, 1993, as amended at 63 FR 52634, Oct. 1, 1998]



Sec. 15.22  Permits for scientific research.

    (a) Application requirements for permits for scientific research. 
Each application shall provide the following information and such other 
information that the Director may require:
    (1) A description of the exotic bird(s) to be imported, including:
    (i) The common and scientific names of the species, number, age or 
age class, and, when known, sex; and
    (ii) A statement as to whether, at the time of the application, the 
exotic bird is still in the wild, has already been removed from the 
wild, or was bred in captivity;
    (2) If the exotic bird is in the wild or was taken from the wild, 
include:
    (i) The country and region where the removal will occur or occurred;
    (ii) A description of the status of the species in the region of 
removal; and
    (iii) A copy of any foreign collecting permit or authorizing letter, 
if applicable;
    (3) If the exotic bird was bred in captivity, include:
    (i) Documents or other evidence that the bird was bred in captivity, 
including the name and address of the breeder, and when known, hatch 
date and identity of the parental birds; and
    (ii) If the applicant is not the breeder, documentation showing the 
bird was acquired from a breeder and a history of multiple transactions, 
if applicable:
    (4) A statement of the reasons the applicant is justified in 
obtaining a permit, and a complete description of the scientific 
research to be conducted on the exotic bird requested, including:

[[Page 80]]

    (i) Formal research protocol with timetable;
    (ii) The relationship of such research to the conservation of the 
species in the wild;
    (iii) A discussion of possible alternatives and efforts to obtain 
birds from other sources; and
    (iv) Plans for disposition of the exotic birds and any progeny upon 
completion of the research project;
    (5) Qualifications of the scientific personnel conducting the 
proposed research, including applicable experience and a description of 
relevant past research conducted;
    (6) A description of the care and maintenance of the exotic bird, 
and how the facility meets professionally recognized standards, 
including;
    (i) The name and address of the facility where the exotic bird will 
be maintained;
    (ii) Dimensions of existing enclosures for the birds to be imported 
and number of birds to be housed in each; and
    (iii) Husbandry practices.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part 13 
of this subchapter, the following factors;
    (1) Whether the purpose of the scientific research is adequate to 
justify removing the exotic bird from the wild or otherwise changing its 
status;
    (2) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild, including whether the exotic 
bird was bred in captivity or was (or will be) taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the permit, if issued, would conflict with any known 
program intended to enhance the survival of the population from which 
the exotic bird was or would be removed;
    (4) Whether the research for which the permit is required has 
scientific merit;
    (5) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate for proper care and maintenance of the 
exotic bird and to successfully accomplish the research objectives 
stated in the application.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to special conditions as the Director may deem 
appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit, but in 
no case will these permits be valid for longer than one year.



Sec. 15.23  Permits for zoological breeding or display programs.

    (a) Application requirements for permits for zoological breeding or 
display programs. Each application shall provide the following 
information and such other information that the Director may require:
    (1) A description of the exotic bird(s) to be imported, including:
    (i) The common and scientific names of the species, number, age or 
age class, and, when known, sex; and
    (ii) A statement as to whether, at the time of the application, the 
exotic bird is still in the wild, has already been removed from the 
wild, or was bred in captivity;
    (2) If the exotic bird is in the wild or was taken from the wild 
include:
    (i) The country and region where the removal will occur or occurred;
    (ii) A description of the status of the species in the region of 
removal; and
    (iii) A copy of any foreign collecting permit or authorizing letter, 
if applicable;
    (3) If the exotic bird was bred in captivity, include:
    (i) Documents or other evidence that the bird was bred in captivity, 
including the name and address of the breeder, and when known, identity 
of the parental birds, and hatch date; and
    (ii) If the applicant is not the breeder, documentation showing the 
bird was acquired from a breeder and a history of multiple transactions, 
if applicable;
    (4) A statement of the reasons the applicant is justified in 
obtaining a permit, and a complete description of the

[[Page 81]]

breeding or display program to be conducted with the exotic bird 
requested, including:
    (i) A breeding or education protocol that provides information on 
educational materials on the ecology and/or conservation status of the 
species provided to the general public;
    (ii) Plans, if any, for developing or maintaining a self-sustaining 
population of the exotic bird species in captivity;
    (iii) A statement on efforts to obtain birds from alternative 
sources or sources within the United States;
    (iv) The relationship of such a breeding or display program to the 
conservation of the species in the wild; and
    (v) Plans for disposition of the exotic birds and any progeny.
    (5) A description of the care and maintenance of the exotic bird, 
and how the facility meets professionally recognized standards of the 
public display community, including:
    (i) The name and address of the facility where the exotic bird will 
be maintained;
    (ii) Dimensions of existing enclosures for the birds to be imported 
and number of birds to be housed in each;
    (iii) Husbandry practices;
    (6) A history of the zoological facility's breeding programs with 
the same or similar species, including:
    (i) Participation in any cooperative breeding programs;
    (ii) Breeding and inventory records for the last two years, 
including hatching, survival, and mortality records; and
    (iii) Causes of any mortalities and efforts made to correct any 
problems.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part 13 
of this subchapter, the following factors:
    (1) Whether the zoological breeding or display program is adequate 
to justify removing the exotic bird from the wild or otherwise changing 
its status;
    (2) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild, including whether the exotic 
bird was bred in captivity or was (or will be) taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the permit, if issued, would conflict with any known 
program intended to enhance the survival of the population from which 
the exotic bird was or would be removed;
    (4) Whether the breeding or display program for which the permit is 
required has conservation merit; and
    (5) Whether the expertise, facilities or other resources available 
to the applicant appear adequate for proper care and maintenance of the 
exotic bird and to successfully accomplish the zoological breeding or 
display objectives stated in the application.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to special conditions as the Director may deem 
appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit, but in 
no case will these permits be valid for longer than one year.



Sec. 15.24  Permits for cooperative breeding.

    (a) Application requirements for permits for cooperative breeding. 
Each application shall provide the following information and such other 
information that the Director may require:
    (1) A description of the exotic bird(s) to be imported, including:
    (i) The common and scientific names of the species, number, age or 
age class, and, when known, sex; and
    (ii) A statement as to whether, at the time of the application, the 
exotic bird is still in the wild, has already been removed from the 
wild, or was bred in captivity;
    (2) If the exotic bird is still in the wild or was taken from the 
wild include;
    (i) The country and region where the removal will occur or occurred;
    (ii) A description of the status of the species in the region of 
removal; and

[[Page 82]]

    (iii) A copy of any foreign collecting permit or authorizing letter, 
if applicable;
    (3) If the exotic bird was bred in captivity, include;
    (i) Documents or other evidence that the bird was bred in captivity, 
including the name and address of the breeder, when known, the identity 
of the parental birds and hatch date; and
    (ii) If the applicant is not the breeder, documentation showing the 
bird was acquired from the breeder and a history of multiple 
transactions, if applicable;
    (4) A statement of the reasons the applicant is justified in 
obtaining a permit, and a statement detailing the applicant's 
participation in a cooperative breeding program approved under section 
15.26 of this chapter, including;
    (i) Copies of any signed agreements or protocols with the monitoring 
avicultural, conservation, or zoological organization overseeing the 
program; and
    (ii) Applicable records of the cooperative breeding program of any 
other birds imported, their progeny, and their disposition;
    (5) A complete description of the relationship of the exotic bird to 
the approved cooperative breeding program, including;
    (i) A statement of the role of the exotic bird in a breeding 
protocol;
    (ii) A plan for maintaining a self-sustaining captive population of 
the exotic bird species;
    (iii) Details on recordkeeping; and
    (iv) Plans for disposition of the exotic birds and any progeny 
produced during the course of this program.
    (6) A statement outlining the applicant's attempts to obtain the 
exotic bird in a manner that would not cause its removal from the wild, 
and attempts to obtain the specimens of the exotic bird species from 
stock available in the United States;
    (7) A description of the care and maintenance of the exotic bird, 
and how the facility meets professionally recognized standards, 
including;
    (i) The name and address of the facility where the exotic bird will 
be maintained;
    (ii) Dimensions of existing enclosures for birds to be imported and 
number of birds to be housed in each; and
    (iii) Husbandry practices;
    (8) A history of the applicant's past participation in cooperative 
breeding programs with the same or similar species, including;
    (i) Breeding and inventory records for at least the last two years;
    (ii) Hatching, survival, and mortality records;
    (iii) Causes of any mortalities and efforts made to correct any 
problems.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part 13 
of this subchapter, the following factors;
    (1) Whether the cooperative breeding program is adequate to justify 
removing the exotic bird from the wild or otherwise changing its status;
    (2) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild, including whether the exotic 
bird was bred in captivity or was (or will be) taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the cooperative breeding program for which the permit is 
required would be likely to enhance or promote the conservation of the 
exotic bird species in the wild or result in a self-sustaining 
population of the exotic bird species in captivity; and
    (4) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate for proper care and maintenance of the 
exotic birds and to successfully accomplish the cooperative breeding 
objectives stated in the application.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to special conditions as the Director may deem 
appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit, but in 
no case will these

[[Page 83]]

permits be valid for longer than one year.



Sec. 15.25  Permits for personal pets.

    (a) Application requirements for personal pets not intended for 
sale. No individual may import more than two exotic birds as pets in any 
year. Each application shall provide the following information and such 
other information that the Director may require:
    (1) A description of the exotic bird to be imported, including;
    (i) The common and scientific names, number, age, and, when known, 
sex;
    (ii) A band number, house name, or any other unique identifying 
feature; and
    (iii) A statement as to whether the exotic bird was bred in 
captivity or taken from the wild;
    (2) A statement of the reasons the applicant is justified in 
obtaining a permit;
    (3) Documentation showing that the applicant has continually resided 
outside of the United States for a minimum of one year;
    (4) A statement of the number of exotic birds imported during the 
previous 12 months as personal pets by the applicant;
    (5) Information on the origin of the exotic bird, including;
    (i) Country of origin; and
    (ii) A description and documentation of how the exotic bird was 
acquired, including a copy of any Convention permit under which the bird 
was re-exported or exported. If there is no such permit, a sales receipt 
or signed statement from seller with name and address of seller, date of 
sale, species, and other identifying information on the bird or signed 
breeder's certificate or statement with name and address of breeder, 
date of sale or transfer, species and hatch date.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making this decision, the 
Director shall consider, in addition to the general criteria in part 13 
of this subchapter, the following factors:
    (1) Whether the proposed import would be detrimental to the survival 
of the exotic bird species in the wild;
    (2) Whether the exotic bird to be imported is a personal pet owned 
by the applicant, who has continuously resided outside the United States 
for a minimum of one year, and who has no intention to sell the bird; 
and
    (3) Whether the number of exotic birds imported in the previous 12 
months by the applicant does not exceed two.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to special conditions that no individual may 
import more than two exotic birds as personal pets in any year, the 
exotic birds cannot be sold after importation into the United States, 
and any other conditions as the Director may deem appropriate.
    (d) Duration of permits. The duration of the import permits issued 
under this section shall be designated on the face of the permit.



Sec. 15.26  Approval of cooperative breeding programs.

    Upon receipt of a complete application, the Director may approve 
cooperative breeding programs. Such approval will allow individuals to 
import exotic birds otherwise prohibited by section 15.11, with permits 
under section 15.24. Such approval for cooperative breeding programs 
shall be granted in accordance with the issuance criteria of this 
section.
    (a) Application requirements for approval of cooperative breeding 
programs. Each application shall provide the following information and 
such other information that the Director may require:
    (1) A description of the exotic bird(s) to be imported or to be 
covered under the program, including the common and scientific names of 
the species, number, sex ratio (if applicable), and age class;
    (2) A statement of the reasons the applicant is justified in 
obtaining this approval, and a description of the cooperative breeding 
program requested for the exotic bird species, including:

[[Page 84]]

    (i) A breeding protocol, including a genetic management plan and 
breeding methods;
    (ii) A statement on the plans for developing and maintaining a self-
sustaining population in captivity of the exotic bird species;
    (iii) Details on the system of recordkeeping and tracking of birds 
and their progeny, including how individual specimens will be marked or 
otherwise identified;
    (iv) A statement on the relationship of such a breeding program to 
the conservation of the exotic bird species in the world;
    (v) Details on the funding of this program; and
    (vi) Plans for disposition of the exotic birds and any progeny;
    (3) A qualification statement for each individual who will be 
overseeing the cooperative breeding program. This statement should 
include information on the individual's prior experience with the same 
or similar bird species. Individuals overseeing the program will be 
required to demonstrate an affiliation with an avicultural, 
conservation, or zoological organization;
    (4) A statement of the oversight of the program by the avicultural, 
zoological, or conservation organization, including their monitoring of 
participation in the program, criteria for acceptance of individuals 
into the program, and the relationship of the cooperative breeding 
program to enhancing the propagation and survival of the species; and
    (5) A history of the cooperative breeding program, including an 
annual report for the last 3 years (if applicable), mortality records, 
breeding records, and a studbook if one has been developed for the 
species.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a cooperative breeding program should be approved. In 
making this decision, the Director shall consider, in addition to the 
general criteria in part 13 of this subchapter, the following factors:
    (1) Whether the cooperative breeding program for which the approval 
is requested is adequate to justify removing the exotic bird from the 
wild or otherwise changing its status;
    (2) Whether the granting of this approval would be detrimental to 
the survival of the exotic bird species in the wild, including whether 
the exotic birds were bred in captivity or will be taken from the wild, 
taking into consideration the conservation status of the species in the 
wild;
    (3) Whether the granting of this approval would conflict with any 
known program intended to enhance the survival of the population from 
which the exotic bird species was or would be removed;
    (4) Whether the cooperative breeding program for which the permit is 
requested would be likely to enhance or promote the conservation of the 
exotic bird species in the wild or result in a self-sustaining 
population of the exotic bird species in captivity; and
    (5) Whether the expertise or other resources available to the 
program appear adequate to successfully accomplish the objectives stated 
in the application.
    (c) Publication in the Federal Register. The Director shall publish 
notice in the Federal Register of each application submitted under 
Sec. 15.26(a). Each notice shall invite the submission from interested 
parties of written data, views, or arguments with respect to the 
application. The Director shall publish periodically a notice as 
appropriate in the Federal Register of the list of approved cooperative 
breeding programs.
    (d) Approval conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every approval issued under this 
paragraph shall be subject to the special condition that the cooperative 
breeding program shall maintain records of all birds imported under 
permits issued under this subpart and their progeny, including their 
sale or transfer, death, or escape, and breeding success. These records 
shall be made available to the Service on request and when renewing an 
approval.
    (e) Duration of approval. Cooperative breeding programs shall be 
approved for two years, at which time applicants may apply to the 
Service for renewal of a program's approval. Applications for

[[Page 85]]

renewal of approval shall comply with the general conditions set forth 
in part 13 of this subchapter.



  Subpart D--Approved List of Species Listed in the Appendices to the 
                               Convention.

    Source: 59 FR 62262, Dec. 2, 1994, unless otherwise noted.



Sec. 15.31  Criteria for including species in the approved list for captive-bred species.

    The Director will periodically review the list of captive-bred 
exotic bird species in paragraph 15.33(a), for which importation into 
the United States is approved. Any exotic bird species listed in 
paragraph 15.33(a) pursuant to this section must meet all of the 
following criteria:
    (a) All specimens of the species known to be in trade (legal or 
illegal) are captive-bred;
    (b) No specimens of the species are known to be removed from the 
wild for commercial purposes;
    (c) Any importation of specimens of the species would not be 
detrimental to the survival of the species in the wild; and
    (d) Adequate enforcement controls are in place to ensure compliance 
with paragraphs (a) through (c) of this section.



Sec. 15.32  Criteria for including species in the approved list for non-captive-bred species.

    Upon receipt of a completed sustainable use management plan for a 
country of export, the Director may approve a species listed in 
Appendices II or III of the Convention for importation from that 
country. Such approval shall be granted in accordance with the issuance 
criteria of this section. All approved species and countries of export 
will be listed in section 15.33.
    (a) Requirements for scientifically-based sustainable use management 
plans. Sustainable use management plans developed by the country of 
export should be submitted for species which breed in the country of 
export. If the species does not breed in the country of export, the 
Service will consider sustainable use management plans only when the 
plan is scientifically valid and nesting (breeding) information can be 
provided from countries in which the species breeds. Sustainable use 
management plans shall include the following information, and any other 
information that may be appropriate:
    (1) Background information, including the following:
    (i) The scientific and common name of the species;
    (ii) Letters from the country of export's Management and Scientific 
Authorities transmitting the management plan of this species;
    (iii) A summary of the country of export's legislation related to 
this species and legislation implementing the Convention, and, where 
appropriate, a summary of implementing regulations;
    (iv) A summary, from the country of export's Management Authority, 
of the country's infrastructure and law enforcement and monitoring 
mechanisms designed to ensure both enforcement of and compliance with 
the requirements of the management plan, and that the number of birds 
removed from the wild or exported will be consistent with the management 
plan;
    (v) Recent information on the distribution of the species within the 
country of export, including scientific references and maps, and 
historical information on distributions, if relevant; and
    (vi) The species' status and its current population trend in the 
country of export, including scientific references and copies of the 
most recent non-detriment findings made by the exporting country's 
Scientific Authority.
    (2) Habitat information, including:
    (i) A general description of habitats used by the species for each 
portion of the life cycle completed within the country of export;
    (ii) Recent information on the size and distribution of these 
habitats throughout the country of export and in each area or region of 
take, including scientific references and maps. The approximate location 
of any reserves that provide protection for this species should be 
indicated on the accompanying map(s), along with a brief description of 
how reserves are protected and how that protection is enforced;

[[Page 86]]

    (iii) Status and trends of the important habitats used by the 
species in the country of export as a whole whenever available and 
within each area or region of take, including scientific references;
    (iv) Factors, including management activities, favoring or 
threatening the species' habitat in the foreseeable future within each 
area or region of take, and throughout the country of export whenever 
available, including scientific references; and
    (v) A list of management plans that have been or are being planned, 
developed, or implemented for the species' important habitats, if any.
    (3) Information on the role of the species in its ecosystem, 
including:
    (i) A description of the part(s) of the species' life cycle 
completed within the country of export;
    (ii) A description of nest sites and/or plant communities that are 
most frequently used for placement of nests and, if applicable, nesting 
habits;
    (iii) A general description of the species' diet and where the 
species forages (aerial feeder, tree canopy, tree trunk, midstory, 
understory, open water or other), and seasonal changes in foraging 
habits, including, when available, scientific references; and
    (iv) Information on any species or plant community which is 
dependent on the occurrence of the exotic bird species.
    (4) Population dynamics of the species, including:
    (i) Recent population data for the population of the species in the 
country of export, as derived from indices of relative abundance or 
population estimates, along with documentation for each estimate;
    (ii) Within each area or region of take, documentation for recent 
population data or estimates, conducted for at least 3 separate years or 
1 year with a description of survey plans for future years. These 
population assessments should have been conducted during the same season 
(breeding or non-breeding) of each year for which documentation is 
submitted (i.e., be methodologically comparable--both temporally and 
spatially);
    (iii) Within each area or region of take, a scientific assessment 
(with documentation) of recent reproductive (nesting) success. This 
assessment should include information on the number of young produced 
per egg-laying female per year or per nesting pair, or if scientifically 
appropriate for the species to be exported, estimates on the number of 
young produced per year from pre-breeding and post-breeding surveys 
conducted within the same annual cycle;
    (iv) Within each area or region of take, estimation (with 
documentation) of annual mortality or loss including natural mortality 
and take for subsistence use, export trade, and domestic trade in each 
area of take; or
    (v) When appropriate, information (with documentation) on the number 
of young which can be taken from the area, as a result of a conservation 
enhancement program.
    (5) Determination of biologically sustainable use:
    (i) Estimation of the number exported from the country during the 
past 2 years, and the number of birds removed from the wild for export, 
domestic trade, illegal trade, subsistence use, and other purposes 
(specify) for the country of export during the past 2 years;
    (ii) The estimated number of birds that will be removed from the 
wild from each area of take each year for all purposes (export trade, 
domestic trade, illegal trade, and subsistence use), including a 
description of age-classes (nestlings, fledglings, sub-adults, adults, 
all classes), when applicable;
    (iii) For the projected take addressed in the management plan, a 
description of the removal process, including, but not limited to, 
locations, time of year, capture methods, means of transport, and pre-
export conditioning;
    (iv) Documentation of how each projected level of take was 
determined;
    (v) Explanation of infrastructure and law enforcement and monitoring 
mechanisms that ensure compliance with the methodology in the management 
plan and that the species will be removed at a level that ensures 
sustainable use; and
    (vi) Description of how species in each area or region of take will 
be monitored in order to determine

[[Page 87]]

whether the number and age classes of birds taken is sustainable.
    (6)(i) For species that are considered ``pests'' in the country of 
origin: documentation that such a species is a pest, including a 
description of the type of pest,--e.g., agricultural, disease carrier; a 
description of the damage the pest species causes to its ecosystem; and 
a description of how the sustainable use management plan controls 
population levels of the pest species.
    (ii) For non-pest species: A description of how the sustainable use 
management plan promotes the value of the species and its habitats. 
Incentives for conservation may be generated by environmental education, 
cooperative efforts or projects, development of cooperative management 
units, and/or activities involving local communities.
    (7) Additional factors:
    (i) Description of any existing enhancement activities developed for 
the species, including, but not limited to, annual banding programs, 
nest watching/guarding, and nest improvement; and
    (ii) Description, including photographs or diagrams, of the shipping 
methods and enclosures proposed to be used to transport the exotic 
birds, including but not limited to feeding and care during transport, 
densities of birds in shipping enclosures, and estimated consignment 
sizes.
    (b) Approval criteria. Upon receiving a sustainable use management 
plan in accordance with paragraph (a) of this section, the Director will 
decide whether or not an exotic bird species should be listed as an 
approved species for importation from the country of export, under 
section 15.33. In making this decision, the Director shall consider in 
addition to the general criteria in part 13 of this subchapter, all of 
the following factors for the species:
    (1) Whether the country of export is effectively implementing the 
Convention, particularly with respect to:
    (i) Establishment of a functioning Scientific Authority;
    (ii) The requirements of Article IV of the Convention;
    (iii) Remedial measures recommended by the Parties to the Convention 
with respect to this and similar species, including recommendations of 
permanent committees of the Convention; and
    (iv) Article VIII of the Convention, including but not limited to 
establishment of legislation and infrastructure necessary to enforce the 
Convention, and submission of annual reports to the Convention's 
Secretariat;
    (2) Whether the country of export has developed a scientifically-
based management plan for the species that:
    (i) Provides for the conservation of the species and its habitat(s);
    (ii) Includes incentives for conservation unless the species is a 
documented pest species;
    (iii) Is adequately implemented and enforced;
    (iv) Ensures that the use of the species is:
    (A) Sustainable;
    (B) Maintained throughout its range at a level that is consistent 
with the species' role in its ecosystem; and
    (C) Is well above the level at which the species might become 
threatened;
    (v) Addresses illegal trade, domestic trade, subsistence use, 
disease, and habitat loss; and
    (vi) Ensures that the methods of capture, transport, and maintenance 
of the species minimize the risk of injury, damage to health, and 
inhumane treatment; and
    (3) If the species has a multi-national distribution:
    (i) Whether populations of the species in other countries in which 
it occurs will not be detrimentally affected by exports of the species 
from the country requesting approval;
    (ii) Whether factors affecting conservation of the species, 
including export from other countries, illegal trade, domestic use, or 
subsistence use are regulated throughout the range of the species so 
that recruitment and/or breeding stocks of the species will not be 
detrimentally affected by the proposed export;
    (iii) Whether the projected take and export will not detrimentally 
affect breeding populations; and
    (iv) Whether the projected take and export will not detrimentally 
affect existing enhancement activities, conservation programs, or 
enforcement efforts throughout the species' range.

[[Page 88]]

    (4) For purposes of applying the criterion in paragraph (b)(2)(iv) 
of this section, the Director may give positive consideration to plans 
wherein very conservative capture and export quotas are implemented 
prior to being able to obtain all of the biological information 
necessary for a more large-scale management plan, if the country can 
demonstrate that such conservative capture and export quotas are non-
detrimental to the species survival in the wild under the criterion in 
paragraph (b)(2)(iv) of this section.
    (c) Publication in the Federal Register. The Director shall publish 
notice in the Federal Register of the availability of each complete 
sustainable use management plan received under paragraph (a) of this 
section. Each notice shall invite the submission from interested parties 
of written data, views, or arguments with respect to the proposed 
approval.
    (d) Duration of approval. A species and country of export listed in 
section 15.33 as approved shall be approved for 3 years, at which time 
renewal of approval shall be considered by the Service.

[61 FR 2091, Jan. 24, 1996]



Sec. 15.33  Species included in the approved list.

    (a) Captive-bred species. The list in this paragraph includes 
species of captive-bred exotic birds for which importation into the 
United States is not prohibited by section 15.11. The species are 
grouped taxonomically by order.

------------------------------------------------------------------------
                Species                            Common name
------------------------------------------------------------------------
Order Falconiiformes:
    Buteo buteo........................  Common European buzzard.
Order Columbiformes:
    Columba livia......................  Rock dove.
Order Psittaciformes:
    Agapornis personata................  Masked lovebird.
    Agapornis roseicollis..............  Peach-faced lovebird.
    Aratinga jandaya...................  Jendaya conure.
    Barnardius barnardi................  Mallee ringneck parrot.
    Bolborhynchus lineola (blue form)..  Lineolated parakeet (blue
                                          form).
    Bolborhynchus lineola (yellow form)  Lineolated parakeet (yellow
                                          form).
    Bolborhynchus lineola (white form).  Lineolated parakeet (white
                                          form).
    Cyanoramphus auriceps..............  Yellow-fronted Parakeet.
    Cyanoramphus novaezelandiae........  Red-fronted parakeet.
    Forpus coelestis (lutino form).....  Pacific parrotlet (lutino
                                          form).
    Forpus coelestis (yellow form).....  Pacific parrotlet (yellow
                                          form).
    Forpus coelestis (blue form).......  Pacific parrotlet (blue form).
    Forpus coelestis (cinnamon form)...  Pacific parrotlet (cinnamon
                                          form).
    Melopsittacus undulatus............  Budgerigar.
    Neophema bourkii...................  Bourke's parrot.
    Neophema chrysostoma...............  Blue-winged Parrot.
    Neophema elegans...................  Elegant Parrot.
    Neophema pulchella \1\.............  Turquoise parrot.
    Neophema splendida \1\.............  Scarlet-chested parrot.
    Nymphicus hollandicus..............  Cockatiel.
    Platycercus adelaide...............  Adelaide rosella.
    Platycercus adscitus...............  Pale-headed rosella.
    Platycercus elegans................  Crimson rosella.
    Platycercus eximius................  Eastern rosella
    Platycercus icterotis..............  Western (stanley) rosella.
    Platycercus venustus...............  Northern rosella.
    Polytelis alexandrae...............  Princess parrot.
    Polytelis anthopeplus..............  Regent parrot.
    Polytelis swainsonii...............  Superb parrot.
    Psephotus chrysopterygius \1\......  Golden-shouldered parakeet.
    Psephotus haematonotus.............  Red-rumped parakeet.
    Psephotus varius...................  Mulga parakeet.
    Psittacula eupatria (blue form)....  Alexandrine parakeet (blue
                                          form).
    Psittacula eupatria (lutino form)..  Alexandrine parakeet (lutino
                                          form).
    Psittacula krameri manillensis.....  Indian ringneck parakeet.
    Purpureicephalus spurius...........  Red-capped parrot.
    Trichoglossus chlorolepidotus......  Scaly-breasted lorikeet.
Order Passeriformes:
    Aegintha temporalis................  Red-browed Finch.
    Aidemosyne modesta.................  Cherry Finch.
    Chloebia gouldiae..................  Gouldian finch.
    Emblema guttata....................  Diamond Sparrow.

[[Page 89]]

 
    Emblema picta......................  Painted finch.
    Lonchura castaneothorax............  Chestnut-breasted finch.
    Lonchura domestica.................  Society (=Bengalese) finch.
    Lonchura pectoralis................  Pictorella finch.
    Neochmia ruficauda.................  Star finch.
    Poephila acuticauda................  Long-tailed grassfinch.
    Poephila bichenovii................  Double-barred finch.
    Poephila cincta....................  Parson finch.
    Poephila guttata...................  Zebra finch.
    Poephila personata.................  Masked finch.
    Serinus canaria....................  Common Canary.
------------------------------------------------------------------------
\1\ Note: Permits are still required for these species under part 17
  (species listed as endangered or threatened under the Endangered
  Species Act (ESA)) of this chapter.

    (b) Non-captive-bred species. The list in this paragraph includes 
species of non-captive-bred exotic birds and countries for which 
importation into the United States is not prohibited by section 15.11. 
The species are grouped taxonomically by order, and may only be imported 
from the approved country, except as provided under a permit issued 
pursuant to subpart C of this part.

[59 FR 62262, Dec. 2, 1994, as amended at 61 FR 2093, Jan. 24, 1996]



   Subpart E--Qualifying Facilities Breeding Exotic Birds in Captivity



Sec. 15.41  Criteria for including facilities as qualifying for imports. [Reserved]



Sec. 15.42  List of foreign qualifying breeding facilities. [Reserved]



 Subpart F--List of Prohibited Species Not Listed in the Appendices to 
                             the Convention



Sec. 15.51  Criteria for including species and countries in the prohibited list. [Reserved]



Sec. 15.52  Species included in the prohibited list. [Reserved]



Sec. 15.53  Countries of export included in the prohibited list. [Reserved]



PART 16--INJURIOUS WILDLIFE--Table of Contents




                         Subpart A--Introduction

Sec.
16.1  Purpose of regulations.
16.2  Scope of regulations.
16.3  General restrictions.

        Subpart B--Importation or Shipment of Injurious Wildlife

16.11  Importation of live wild mammals.
16.12  Importation of live wild birds or their eggs.
16.13  Importation of live or dead fish, mollusks, and crustaceans, or 
          their eggs.
16.14  Importation of live amphibians or their eggs.
16.15  Importation of live reptiles or their eggs.

                           Subpart C--Permits

16.22  Injurious wildlife permits.

                    Subpart D--Additional Exemptions

16.32  Importation by Federal agencies.
16.33  Importation of natural-history specimens.

    Authority: 18 U.S.C. 42.

    Source: 39 FR 1169, Jan. 4, 1974, unless otherwise noted.



                         Subpart A--Introduction



Sec. 16.1  Purpose of regulations.

    The regulations contained in this part implement the Lacey Act (18 
U.S.C. 42).



Sec. 16.2  Scope of regulations.

    The provisions of this part are in addition to, and are not in lieu 
of, other regulations of this subchapter B which may require a permit or 
prescribe additional restrictions or conditions for the importation, 
exportation, and interstate transportation of wildlife (see also part 
13).



Sec. 16.3  General restrictions.

    Any importation or transportation of live wildlife or eggs thereof, 
or dead fish or eggs or salmonids of the fish

[[Page 90]]

family Salmonidae into the United States or its territories or 
possessions is deemed to be injurious or potentially injurious to the 
health and welfare of human beings, to the interest of forestry, 
agriculture, and horticulture, and to the welfare and survival of the 
wildlife or wildlife resources of the United States; and any such 
importation into or the transportation of live wildlife or eggs thereof 
between the continental United States, the District of Columbia, Hawaii, 
the Commonwealth of Puerto Rico, or any territory or possession of the 
United States by any means whatsoever, is prohibited except for certain 
purposes and under certain conditions as hereinafter provided in this 
part: Provided, That the provisions of this section shall not apply to 
psittacine birds (see also Secs. 16.32 and 16.33 for other exemptions).



        Subpart B--Importation or Shipment of Injurious Wildlife



Sec. 16.11  Importation of live wild mammals.

    (a) The importation, transportation, or acquisition is prohibited of 
live specimens of: (1) Any species of so-called ``flying fox'' or fruit 
bat of the genus Pteropus; (2) any species of mongoose or meerkat of the 
genera Atilax, Cynictis, Helogale, Herpestes, Ichneumia, Mungos, and 
Suricata; (3) any species of European rabbit of the genus Oryctolagus; 
(4) any species of Indian wild dog, red dog, or dhole of the genus Cuon; 
(5) any species of multimammate rat or mouse of the genus Mastomys; and 
(6) any raccoon dog, Nyctereutes procyonoides: Provided, that the 
Director shall issue permits authorizing the importation, 
transportation, and possession of such mammals under the terms and 
conditions set forth in Sec. 16.22.
    (b) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all other species of live wild mammals may be imported, transported, and 
possessed in captivity, without a permit, for scientific, medical, 
educational, exhibition, or propagating purposes, but no such live wild 
mammals or any progeny thereof may be released into the wild except by 
the State wildlife conservation agency having jurisdiction over the area 
of release or by persons having prior written permission for release 
from such agency: Provided, That the provisions of this paragraph shall 
not apply to live game mammals from Mexico, the importation of which is 
governed by regulations under part 14 of this chapter.

[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 56362, Dec. 16, 1982]



Sec. 16.12  Importation of live wild birds or their eggs.

    (a) The importation, transportation, or acquisition is prohibited of 
any live specimen or egg of (1) the species of so-called ``pink 
starling'' or ``rosy pastor'' Sturnus roseus; (2) the species of dioch 
(including the subspecies black-fronted, red-billed, or Sudan dioch) 
Quelea quelea; (3) any species of Java sparrow, Padda oryzivora; (4) the 
species of red-whiskered bul-bul, Pycnonotus jocosus: Provided, That the 
Director shall issue permits authorizing the importation, 
transportation, and possession of such live birds under the terms and 
conditions set forth in Sec. 16.22.
    (b) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all species of live wild game, birds may be imported, transported, and 
possessed in captivity, without a permit, for scientific, medical, 
educational, exhibition, or propagating purposes, and the eggs of such 
birds may be imported, transported, and possessed, without a permit, for 
propagating or scientific collection purposes, but no such live wild 
game birds or any progeny thereof may be released into the wild except 
by the State wildlife conservation agency having jurisdiction over the 
area of release or by persons having prior written permission for 
release from such agency.
    (c) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all species of live, wild nongame birds (other than those listed in 
paragraph (a) of this section) may be imported, transported, and 
possessed in captivity, without a permit,

[[Page 91]]

for scientific, medical, educational, exhibition, or propagating 
purposes, but no such live, wild nongame birds or any progeny thereof 
may be released into the wild except by or under the direction of State 
wildlife conservation agencies when such agencies have received prior 
written permission from the Director for such release: Provided, That 
the provisions of this paragraph shall not apply to live bald and golden 
eagles or to live migratory birds, the importation of which is governed 
by regulations under parts 22 and 21 of this chapter, respectively, or 
to birds of the Family Psittacidae (parrots, macaws, cockatoos, 
parakeets, lories, lovebirds, etc.), the importation and transportation 
of which is governed by U.S. Public Health Service regulations under 42 
CFR parts 71 and 72.
    (d) The importation of the eggs of wild nongame birds is prohibited 
except as permitted under Sec. 16.33.



Sec. 16.13  Importation of live or dead fish, mollusks, and crustaceans, or their eggs.

    (a) Upon an exporter filing a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61 of 
this chapter, live or dead fish, mollusks, and crustaceans, or parts 
thereof, or their gametes or fertilized eggs, may be imported, 
transported, and possessed in captivity without a permit except as 
follows:
    (1) No such live fish, mollusks, crustacean, or any progency or eggs 
thereof may be released into the wild except by the State wildlife 
conservation agency having jurisdiction over the area of release or by 
persons having prior written permission from such agency.
    (2) The importation, transportation, or acquisition of any live fish 
or viable eggs of the walking catfish, family Clariidae, and live mitten 
crabs, genus Eriocheir, or their viable eggs, is prohibited except as 
provided under the terms and conditions set forth in Sec. 16.22.
    (3) Notwithstanding Sec. 16.32, all Federal agencies shall be 
subject to the requirements stated within this section. Live or dead 
uneviscerated salmonid fish (family Salmonidae), live fertilized eggs, 
or gametes of salmonid fish are prohibited entry into the United States 
for any purpose except by direct shipment accompanied by a certification 
that: as defined in paragraph (e)(1) of this section, the fish lots, 
from which the shipments originated, have been sampled; virus assays 
have been conducted on the samples according to methods described in 
paragraphs (e)(2) through (4); of this section; and Oncorhynchus masou 
virus and the viruses causing viral hemorrhagic septicemia, infectious 
hematopoietic necrosis, and infectious pancreatic necrosis have not been 
detected in the fish stocks from which the samples were taken. In 
addition, live salmonid fish can be imported into the United States only 
upon written approval from the Director of the U.S. Fish and Wildlife 
Service.
    (4) All live fish eggs of salmonid fish must be disinfected within 
24 hours prior to shipment to the United States. Disinfection shall be 
accomplished by immersion for 15 minutes in a 75 part per million 
(titratable active iodine) non-detergent solution of 
polyvinylpyrrolidone iodine (iodophor) buffered to a pH of 6.0 to 7.0. 
Following disinfection, the eggs shall be rinsed and maintained in water 
free of fish pathogens until packed and shipped. Any ice or water used 
for shipping shall be from pathogen-free water.
    (b)(1) The certification to accompany importations as required by 
this section shall consist of a statement in the English language, 
printed or typewritten, stating that this shipment of dead uneviscerated 
salmonid fish, live salmonid fish, or live, disinfected fertilized eggs 
or gametes of salmonid fish has been tested, by the methods outlined in 
this section, and none of the listed viruses were detected. The 
certification shall be signed in the country of origin by a qualified 
fish pathologist designated as a certifying official by the Director.
    (2) The certification must contain:
    (i) The date and port of export in the country of origin and the 
anticipated date of arrival in the United States and port of entry;
    (ii) Surface vessel name or number or air carrier and flight number;
    (iii) Bill of lading number or airway bill number;

[[Page 92]]

    (iv) The date and location where fish, tissue, or fluid samples were 
collected;
    (v) The date and location where virus assays were completed; and
    (vi) The original handwritten signature, in ink, of the certifying 
official and his or her address and telephone number.
    (3) Certification may be substantially in the following form:

    I, ________, designated by the Director of the U.S. Fish and 
Wildlife Service on ________ (date), as a certifying official for 
________ (country), as required by Title 50, CFR 16.13, do hereby 
certify that the fish lot(s) of origin for this shipment of ________ 
(weight in kilograms) dead uneviscerated salmonid fish, live salmonid 
fish, live salmonid fish eggs disinfected as described in Sec. 16.13, or 
live salmonid gametes to be shipped under ________ (bill of lading 
number or airway bill number), were sampled at ________ (location of 
fish facility) on ________ (sampling date) and the required viral assays 
were completed on ________ (date assays were completed) at ________ 
(location where assays were conducted) using the methodology described 
in Sec. 16.13. I further certify that Oncorhynchus masou virus and the 
viruses causing viral hemorrhagic septicemia, infectious hematopoietic 
necrosis, and infectious pancreatic necrosis have not been detected in 
viral assays of the fish lot(s) of origin.
    The shipment is scheduled to depart ________ (city and country) on 
________ (date), via ________ (name of carrier) with anticipated arrival 
at the port of ________ (city), U.S.A., on ________ (date).

_______________________________________________________________________
(Signature in ink of certifying official)

_______________________________________________________________________
(Printed name of certifying official)
Date:___________________________________________________________________
Organization employing certifying official:_____________________________
Mailing address:________________________________________________________
City:___________________________________________________________________
State/Province:_________________________________________________________
Zip Code/Mail Code:_____________________________________________________
Country:________________________________________________________________
Office telephone number: International code_____________________________
Telephone number________________________________________________________
Fax number______________________________________________________________

    (c) Nothing in this part shall restrict the importation and 
transportation of dead salmonid fish when such fish have been 
eviscerated (all internal organs removed, gills may remain) or filleted 
or when such fish or eggs have been processed by canning, pickling, 
smoking, or otherwise prepared in a manner whereby the Oncorhynchus 
masou virus and the viruses causing viral hemorrhagic septicemia, 
infectious hematopoietic necrosis, and infectious pancreatic necrosis 
have been killed.
    (d) Any fish caught in the wild in North America under a valid sport 
or commercial fishing license shall be exempt from sampling and 
certification requirements and from filing the Declaration for 
Importation of Wildlife. The Director may enter into formal agreements 
allowing the importation of gametes, fertilized eggs, live fish, or 
dead, uneviscerated fish without inspection and certification of 
pathogen status, if the exporting Nation has an acceptable program of 
inspection and pathogen control in operation, can document the 
occurrence and distribution of fish pathogens within its boundaries, and 
can demonstrate that importation of salmonid fishes into the United 
States from that National will not pose a substantial risk to the public 
and private fish stocks of the United States.
    (e) Fish sampling requirements, sample processing, and methods for 
virus assays--(1) Fish sampling requirements. (i) Sampling for virus 
assays required by this section must be conducted within the six (6) 
months prior to the date of shipment of dead uneviscerated salmonid 
fish, live salmonid fish, live salmonid eggs, or salmonid gametes to the 
United States. Sampling shall be on a lot-by-lot basis with the samples 
from each lot distinctively marked, maintained, and processed for virus 
assay separately. A fish lot is defined as a group of fish of the same 
species and age that originated from the same discrete spawning 
population and that always have shared a common water supply. In the 
case of adult broodstock, various age groups of the same fish species 
may be sampled as a single lot, provided they meet the other conditions 
previously stated and have shared the same container(s) for at least 1 
year prior to the sampling date.
    (ii) In a sample, or sub-sample of a given lot, collection of 10 or 
more moribund fish shall be given first preference. The remainder of 
fish required for collection shall be randomly selected live fish from 
all containers occupied by the lot being sampled. Moribund fish shall be 
collected and processed separately from randomly selected fish. In the 
event the sample is

[[Page 93]]

taken from adult broodstock of different ages that share the same 
container, first preference shall be given to collecting samples from 
the older fish.
    (iii) The minimum sample numbers collected from each lot must be in 
accordance with a plan that provides 95 percent confidence that at least 
one fish, with a detectable level of infection, will be collected and 
will be present in the sample if the assumed minimum prevalence of 
infection equals or exceeds 2 percent. A total of 150 fish collected 
proportionately from among all containers shared by the lot usually 
meets this requirement. A sampling strategy based on a presumed pathogen 
prevalence of 5 percent (60 fish) may be used to meet sampling 
requirements for shipments of gametes, fertilized eggs, or uneviscerated 
dead fish; provided that in the previous 2 years no disease outbreaks 
caused by a pathogen of concern have occurred at the facility from which 
the shipment originated and all stocks held at the facility have been 
inspected at least four times during that period (at intervals of 
approximately 6 months) and no pathogens of concern detected.
    (iv) Fish must be alive when collected and processed within 48 hours 
after collection. Tissue and fluid samples shall be stored in sealed, 
aseptic containers and kept at 4 deg. Celsius (C.) or on ice but not 
frozen.
    (v) Tissue collection shall be as follows:
    (A) Sac Fry and fry to 4 centimeter (cm): Assay entire fish. If 
present, remove the yolk sac.
    (B) Fish 4-6 cm: Assay entire visceral mass including kidney.
    (C) Fish longer than 6 cm: Assay kidney and spleen in approximately 
equal weight proportions.
    (D) Spawning adult broodstock: Assay kidney and spleen tissues from 
males and/or females and ovarian fluid from females. Ovarian fluid may 
comprise up to 50 percent of the samples collected.
    (2) General sample processing requirements. (i) Ovarian fluid 
samples shall be collected from each spawning female separately. All 
samples from individual fish shall be measured to ensure that similar 
quantities from each fish are combined if samples are pooled. Ovarian 
fluid samples from no more than five fish may be combined to form a 
pool.
    (ii) Whole fry (less yolk sacs), viscera, and kidney and spleen 
tissues from no more than five fish may be similarly pooled.
    (iii) Antibiotics and antifungal agents may be added to ovarian 
fluid or tissue samples to control microbial contaminant growth at the 
time of sample collection. Final concentrations shall not exceed 200-500 
micrograms/milliliter ( g/ml) of Gentamycin, 800 international 
units/milliliter (IU/ml) of penicillin, or 800  g/ml of 
streptomycin. Antifungal agent concentrations should not exceed 200 IU/
ml of mycostatin (Nystatin) of 20  g/ml of amphotericin B 
(Fungizone).
    (iv) Sample temperature must be maintained between 4 at 15  deg.C. 
during processing. Use separate sets of sterile homogenization and 
processing equipment to process fluids or tissues from each fish lot 
sampled. Processing equipment need not be sterilized between samples 
within a single lot.
    (v) Homogenized tissue samples may be diluted 1:10 with buffered 
cell culture medium (pH 7.4-7.8) containing antibiotics and antifungal 
agents not exceeding the concentrations described in paragraph 
(e)(2)(iii) of this section. Centrifuge tissue suspensions and ovarian 
fluid samples 4  deg.C. at 2,500  x  gravity (g) (relative centrifugal 
force) for 15 minutes. Resulting supernatant solutions can be stored 
overnight at 4  deg.C.
    (vi) At the time of inoculation onto cell cultures, total dilution 
of processed tissue samples must not exceed 1:100 ((volume to volume) 
(v/v)); total dilution of ovarian fluid samples must not exceed 1:20 (v/
v). In samples inoculated onto cell cultures, the final antibiotic 
concentration shall not exceed 100  g/ml of Gentamicin, 100 IU/
ml of penicillin, or 100  g/ml of streptomycin and antifungal 
agent concentrations should not exceed 25 IU/ml of mycostatin (Nystatin) 
or 2.5  g/ml of amphotericin B (Fungizone).
    (3) Cell culture procedures. (i) Both epithelioma papulosum cyprini 
(EPC) and chinook salmon embryo (CHSE-214) cell lines must be maintained 
and used in all virus assays. Susceptible,

[[Page 94]]

normal appearing, and rapidly dividing cell cultures shall be selected. 
Penicillin (100 IU/ml), streptomycin (100  g/ml), and 
antifungal agents, such as mycostatin/Nystatin (25 IU/ml) or 
amphotericin B/Fungizone (2.5  g/ml), are permitted in media 
used for cell culture and virus assay work.
    (ii) Cell cultures shall be seeded and grown, at optimum 
temperatures, to 80-90 percent confluence in 24-well plates for virus 
assay work.
    (iii) Decant the medium from the required number of 24-well plates 
of each cell line, and inoculate four replicate wells per cell line with 
.10 ml per well of each processed sample. When all wells have been 
inoculated, tilt plates to spread the inocula evenly. Incubate 
inoculated plates for 1 hour at 15 deg. C. for sample contact. After the 
1 hour contact add cell culture medium. Medium shall be buffered or 
cells incubated so that a pH between 7.4 and 7.8 is maintained. All cell 
culture assays shall be incubated, without overlays, at 15 deg.C. for 21 
days.
    (4) Virus identification by serological methods. All cell cultures 
showing cytopathic effects (CPE) must be sub-cultured onto fresh cell 
cultures. If CPE is observed, determine the presence and identity the 
virus by serum neutralization, dot blot, enzyme-linked immunosorbent 
assay, or other equivalent serological technique.
    (f) Information concerning the importation requirements of this 
section and application requirements for designation as a certifying 
official for purposes of this section may be obtained by contacting: 
U.S. Department of the Interior, U.S. Fish and Wildlife Service, 
Division of Fish Hatcheries (820 Arlington Square), 1849 C Street, NW., 
Washington, DC 20240. Telephone 703-358-1878.
    (g) The information collection requirements contained in this part 
have been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance number 1018-0078. The 
information is being collected to inform U.S. Customs and USFWS 
inspectors of the contents, origin, routing, and destination of fish and 
eggs shipments and to certify that the fish lots were inspected for 
listed pathogens. The information will be used to protect the health of 
the fishery resource. Response is required to obtain a benefit.

[58 FR 58979, Nov. 5, 1993]



Sec. 16.14  Importation of live amphibians or their eggs.

    Upon the filing of a written declaration with the District Director 
of Customs at the port of entry as required under Sec. 14.61, all 
species of live amphibians or their eggs may be imported, transported, 
and possessed in captivity, without a permit, for scientific, medical, 
education, exhibition, or propagating purposes, but no such live 
amphibians or any progeny or eggs thereof may be released into the wild 
except by the State wildlife conservation agency having jurisdiction 
over the area of release or by persons having prior written permission 
for release from such agency.



Sec. 16.15  Importation of live reptiles or their eggs.

    (a) The importation, transportation, or acquisition is prohibited of 
any live specimen or egg of the brown tree snake (Boiga irregularis): 
Provided, that the Director shall issue permits authorizing the 
importation, transportation, and possession of such live snakes or 
viable eggs under the terms and conditions set forth in Sec. 16.22.
    (b) Upon the filing of a written declaration with the District 
Director of Customs at the port of entry as required under Sec. 14.61, 
all other species of live reptiles or their eggs may be imported, 
transported, and possessed in captivity, without a permit, for 
scientific, medical, educational, exhibitional or propagating purposes, 
but no such live reptiles or any progency or eggs thereof may be 
released into the wild except by the State wildlife conservation agency 
having jurisdiction over the area of release or by persons having prior 
written permission for release from such agency.

[55 FR 17441, Apr. 25, 1990]

[[Page 95]]



                           Subpart C--Permits



Sec. 16.22  Injurious wildlife permits.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the importation into or shipment between the continental United States, 
the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or 
any possession of the United States of injurious wildlife (See subpart B 
of this part) for zoological, educational, medical, or scientific 
purposes.
    (a) Application requirements. Submit applications for permits to 
import, transport or acquire injurious wildlife for such purposes to the 
Director, U.S. Fish and Wildlife Service, (Attention: Office of 
Management Authority), 4401 N. Fairfax Drive, Room 700, Arlington, VA 
22203. Submit applications in writing on a Federal Fish and Wildlife 
License/Permit application (Form 3-200) and attach all of the following 
information:
    (1) The number of specimens and the common and scientific names 
(genus and species) of each species of live wildlife proposed to be 
imported or otherwise acquired, transported and possessed;
    (2) The purpose of such importation or other acquisition, 
transportation and possession;
    (3) The address of the premises where such live wildlife will be 
kept in captivity;
    (4) A statement of the applicant's qualifications and previous 
experience in caring for and handling captive wildlife.
    (b) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits to import 
or ship injurious wildlife for zoological, educational, medical, or 
scientific purposes shall be subject to the following conditions:
    (1) All live wildlife acquired under permit and all progeny thereof, 
must be confined in the approved facilities on the premises authorized 
in the permit.
    (2) No live wildlife, acquired under permit, or any eggs or progeny 
thereof, may be sold, donated, traded, loaned, or transferred to any 
other person unless such person has a permit issued by the Director 
under Sec. 16.22 authorizing him to acquire and possess such wildlife or 
the eggs or progeny thereof.
    (3) Permittees shall notify the nearest Special Agent-in-Charge (see 
Sec. 10.22 of this chapter) by telephone or other expedient means within 
24 hours following the escape of any wildlife imported or transported 
under authority of a permit issued under this section, or the escape of 
any progeny of such wildlife, unless otherwise specifically exempted by 
terms of the permit.
    (c) Issuance criteria. The Director shall consider the following in 
determining whether to issue a permit to import or ship injurious 
wildlife for zoological, educational, medical, or scientific purposes:
    (1) Whether the wildlife is being imported or otherwise acquired for 
a bona fide scientific, medical, educational, or zoological exhibition 
purpose;
    (2) Whether the facilities for holding the wildlife in captivity 
have been inspected and approved, and consist of a basic cage or 
structure of a design and material adequate to prevent escape which is 
maintained inside a building or other facility of such structure that 
the wildlife could not escape from the building or other facility after 
escaping from the cage or structure maintained therein;
    (3) Whether the applicant is a responsible person who is aware of 
the potential dangers to public interests posed by such wildlife, and 
who by reason of his knowledge, experience, and facilities reasonably 
can be expected to provide adequate protection for such public 
interests; and
    (4) If such wildlife is to be imported or otherwise acquired for 
zoological or aquarium exhibition purposes, whether such exhibition or 
display will be open to the public during regular appropriate hours.
    (d) The Office of Management and Budget approved the information 
collection requirements contained in this part 16 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0093. The Service may not conduct 
or sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting

[[Page 96]]

this information to provide information necessary to evaluate permit 
applications. We will use this information to review permit applications 
and make decisions, according to criteria established in various Federal 
wildlife conservation statutes and regulations, on the issuance, 
suspension, revocation, or denial of permits. You must respond to obtain 
or retain a permit. We estimate the public reporting burden for these 
reporting requirements to average 2 hours per response, including time 
for reviewing instructions, gathering and maintaining data, and 
completing and reviewing the forms. Direct comments regarding the burden 
estimate or any other aspect of these reporting requirements to the 
Service Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish 
and Wildlife Service, Washington, DC 20240, or the Office of Management 
and Budget, Paperwork Reduction Project (1018-0093), Washington, DC 
20603.

[39 FR 1169, Jan. 4, 1974, as amended at 47 FR 30786, July 15, 1982; 63 
FR 52634, Oct. 1, 1998]



                    Subpart D--Additional Exemptions



Sec. 16.32  Importation by Federal agencies.

    Nothing in this part shall restrict the importation and 
transportation, without a permit, of any live wildlife by Federal 
agencies solely for their own use, upon the filing of a written 
declaration with the District Director of Customs at the port of entry 
as required under Sec. 14.61: Provided, That the provisions of this 
section shall not apply to bald and golden eagles or their eggs, or to 
migratory birds or their eggs, the importations of which are governed by 
regulations under parts 22 and 21 of this chapter, respectively.



Sec. 16.33  Importation of natural-history specimens.

    Nothing in this part shall restrict the importation and 
transportation, without a permit, of dead natural-history specimens of 
wildlife or their eggs for museum or scientific collection purposes: 
Provided, That the provisions of this section shall not apply to dead 
migratory birds, the importation of which is governed by regulations 
under parts 20 and 21 of this chapter; to dead game mammals from Mexico, 
the importation of which is governed by regulations under part 14 of 
this chapter; or to dead bald and golden eagles or their eggs, the 
importation of which is governed by regulations under part 22 of this 
chapter.



PART 17--ENDANGERED AND THREATENED WILDLIFE AND PLANTS--Table of Contents




             Subpart A--Introduction and General Provisions

Sec.
17.1  Purpose of regulations.
17.2  Scope of regulations.
17.3  Definitions.
17.4  Pre-Act wildlife.
17.5  Alaska natives.
17.6  State cooperative agreements. [Reserved]
17.7  Raptor exemption.
17.8  Permit applications and information collection requirements.

                            Subpart B--Lists

17.11  Endangered and threatened wildlife.
17.12  Endangered and threatened plants.

                     Subpart C--Endangered Wildlife

17.21  Prohibitions.
17.22  Permits for scientific purposes, enhancement of propagation or 
          survival, or for incidental taking.
17.23  Economic hardship permits.

                     Subpart D--Threatened Wildlife

17.31  Prohibitions.
17.32  Permits--general.
17.40  Special rules--mammals.
17.41  Special rules--birds.
17.42  Special rules--reptiles.
17.43  Special rules--amphibians.
17.44  Special rules--fishes.
17.45  Special rules--snails and clams. [Reserved]
17.46  Special rules--crustaceans.
17.47  [Reserved]
17.48  Special rules--common sponges and other forms. [Reserved]

                   Subpart E--Similarity of Appearance

17.50  General.
17.51  Treatment as endangered or threatened.
17.52  Permits--similarity of appearance.

                      Subpart F--Endangered Plants

17.61  Prohibitions.

[[Page 97]]

17.62  Permits for scientific purposes or for the enhancement of 
          propagation or survival.
17.63  Economic hardship permits.

                      Subpart G--Threatened Plants

17.71  Prohibitions.
17.72  Permits--general.
17.73--17.78  [Reserved]

                   Subpart H--Experimental Populations

17.80  Definitions.
17.81  Listing.
17.82  Prohibitions.
17.83  Interagency cooperation.
17.84  Special rules--vertebrates.
17.85  Special rules--invertebrates. [Reserved]
17.86  Special rules--plants. [Reserved]

                   Subpart I--Interagency Cooperation

17.94  Critical habitats.
17.95  Critical habitat--fish and wildlife.
17.96  Critical habitat--plants.

                   Subpart J--Manatee Protection Areas

17.100  Purpose.
17.101  Scope.
17.102  Definitions.
17.103  Establishment of protection areas.
17.104  Prohibitions.
17.105  Permits and exceptions.
17.106  Emergency establishment of protection areas.
17.107  Facilitating enforcement.
17.108  List of designated manatee protection areas.

    Authority: 16 U.S.C. 1361-1407; 16 U.S.C. 1531-1544; 16 U.S.C. 4201-
4245; Pub. L. 99-625, 100 Stat. 3500; unless otherwise noted.

    Source: 40 FR 44415, Sept. 26, 1975, unless otherwise noted.



             Subpart A--Introduction and General Provisions



Sec. 17.1  Purpose of regulations.

    (a) The regulations in this part implement the Endangered Species 
Act of 1973, 87 Stat. 884, 16 U.S.C. 1531-1543, except for those 
provisions in the Act concerning the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora, for which regulations are 
provided in part 23 of this subchapter.
    (b) The regulations identify those species of wildlife and plants 
determined by the Director to be endangered or threatened with 
extinction under section 4(a) of the Act and also carry over the species 
and subspecies of wildlife designated as endangered under the Endangered 
Species Conservation Act of 1969 (83 Stat. 275, 16 U.S.C. 668cc-1 to 6) 
which are deemed endangered species under section 4(c)(3) of the Act.

[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 10465, Feb. 22, 1977]



Sec. 17.2  Scope of regulations.

    (a) The regulations of this part apply only to endangered and 
threatened wildlife and plants.
    (b) By agreement between the Service and the National Marine 
Fisheries Service, the jurisdiction of the Department of Commerce has 
been specifically defined to include certain species, while jurisdiction 
is shared in regard to certain other species. Such species are footnoted 
in subpart B of this part, and reference is given to special rules of 
the National Marine Fisheries Service for those species.
    (c) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife.
    (d) The examples used in this part are provided solely for the 
convenience of the public, and to explain the intent and meaning of the 
regulation to which they refer. They have no legal significance.
    (e) Certain of the wildlife and plants listed in Secs. 17.11 and 
17.12 as endangered or threatened are included in Appendix I, II or III 
to the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora. The importation, exportation and reexportation of such 
species are subject to additional regulations provided in part 23 of 
this subchapter.

[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 10465, Feb. 22, 1977]



Sec. 17.3  Definitions.

    In addition to the definitions contained in part 10 of this 
subchapter, and unless the context otherwise requires, in this part 17:

[[Page 98]]

    Act means the Endangered Species Act of 1973 (16 U.S.C. 1531-1543; 
87 Stat. 884);
    Adequately covered means, with respect to species listed pursuant to 
section 4 of the ESA, that a proposed conservation plan has satisfied 
the permit issuance criteria under section 10(a)(2)(B) of the ESA for 
the species covered by the plan, and, with respect to unlisted species, 
that a proposed conservation plan has satisfied the permit issuance 
criteria under section 10(a)(2)(B) of the ESA that would otherwise apply 
if the unlisted species covered by the plan were actually listed. For 
the Services to cover a species under a conservation plan, it must be 
listed on the section 10(a)(1)(B) permit.
    Alaskan Native means a person defined in the Alaska Native Claims 
Settlement Act (43 U.S.C. 1603(b) (85 Stat. 588)) as a citizen of the 
United States who is of one-fourth degree or more Alaska Indian 
(including Tsimshian Indians enrolled or not enrolled in the Metlaktla 
Indian Community), Eskimo, or Aleut blood, or combination thereof. The 
term includes any Native, as so defined, either or both of whose 
adoptive parents are not Natives. It also includes, in the absence of 
proof of a minimum blood quantum, any citizen of the United States who 
is regarded as an Alaska Native by the Native village or town of which 
he claims to be a member and whose father or mother is (or, if deceased, 
was) regarded as Native by any Native village or Native town. Any 
citizen enrolled by the Secretary pursuant to section 5 of the Alaska 
Native Claims Settlement Act shall be conclusively presumed to be an 
Alaskan Native for purposes of this part;
    Authentic native articles of handicrafts and clothing means items 
made by an Indian, Aleut, or Eskimo which (a) were commonly produced on 
or before December 28, 1973, and (b) are composed wholly or in some 
significant respect of natural materials, and (c) are significantly 
altered from their natural form and which are produced, decorated, or 
fashioned in the exercise of traditional native handicrafts without the 
use of pantographs, multiple carvers, or similar mass copying devices. 
Improved methods of production utilizing modern implements such as 
sewing machines or modern techniques at a tannery registered pursuant to 
Sec. 18.23(c) of this subchapter (in the case of marine mammals) may be 
used so long as no large scale mass production industry results. 
Traditional native handicrafts include, but are not limited to, weaving, 
carving, stitching, sewing, lacing, beading, drawing, and painting. The 
formation of traditional native groups such as cooperatives, is 
permitted so long as no large scale mass production results;
    Bred in captivity or captive-bred refers to wildlife, including 
eggs, born or otherwise produced in captivity from parents that mated or 
otherwise transferred gametes in captivity, if reproduction is sexual, 
or from parents that were in captivity when development of the progeny 
began, if development is asexual.
    Captivity means that living wildlife is held in a controlled 
environment that is intensively manipulated by man for the purpose of 
producing wildlife of the selected species, and that has boundaries 
designed to prevent animal, eggs or gametes of the selected species from 
entering or leaving the controlled environment. General characteristics 
of captivity may include but are not limited to artificial housing, 
waste removal, health care, protection from predators, and artificially 
supplied food.
    Changed circumstances means changes in circumstances affecting a 
species or geographic area covered by a conservation plan that can 
reasonably be anticipated by plan developers and the Service and that 
can be planned for (e.g., the listing of new species, or a fire or other 
natural catastrophic event in areas prone to such events).
    Conservation plan means the plan required by section 10(a)(2)(A) of 
the ESA that an applicant must submit when applying for an incidental 
take permit. Conservation plans also are known as ``habitat conservation 
plans'' or ``HCPs.''
    Conserved habitat areas means areas explicitly designated for 
habitat restoration, acquisition, protection, or other conservation 
purposes under a conservation plan.

[[Page 99]]

    Convention means the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, TIAS 8249.
    Enhance the propagation or survival, when used in reference to 
wildlife in captivity, includes but is not limited to the following 
activities when it can be shown that such activities would not be 
detrimental to the survival of wild or captive populations of the 
affected species:
    (a) Provision of health care, management of populations by culling, 
contraception, euthanasia, grouping or handling of wildlife to control 
survivorship and reproduction, and similar normal practices of animal 
husbandry needed to maintain captive populations that are self-
sustaining and that possess as much genetic vitality as possible;
    (b) Accumulation and holding of living wildlife that is not 
immediately needed or suitable for propagative or scientific purposes, 
and the transfer of such wildlife between persons in order to relieve 
crowding or other problems hindering the propagation or survival of the 
captive population at the location from which the wildlife would be 
removed; and
    (c) Exhibition of living wildlife in a manner designed to educate 
the public about the ecological role and conservation needs of the 
affected species.
    Endangered means a species of wildlife listed in Sec. 17.11 or a 
species of plant listed in Sec. 17.12 and designated as endangered.
    Harass in the definition of ``take'' in the Act means an intentional 
or negligent act or omission which creates the likelihood of injury to 
wildlife by annoying it to such an extent as to significantly disrupt 
normal behavioral patterns which include, but are not limited to, 
breeding, feeding, or sheltering. This definition, when applied to 
captive wildlife, does not include generally accepted:
    (1) Animal husbandry practices that meet or exceed the minimum 
standards for facilities and care under the Animal Welfare Act,
    (2) Breeding procedures, or
    (3) Provisions of veterinary care for confining, tranquilizing, or 
anesthetizing, when such practices, procedures, or provisions are not 
likely to to result in injury to the wildlife.
    Harm in the definition of ``take'' in the Act means an act which 
actually kills or injures wildlife. Such act may include significant 
habitat modification or degradation where it actually kills or injures 
wildlife by significantly impairing essential behavioral patterns, 
including breeding, feeding or sheltering.
    Incidental taking means any taking otherwise prohibited, if such 
taking is incidental to, and not the purpose of, the carrying out of an 
otherwise lawful activity.
    Industry or trade in the definition of ``commercial activity'' in 
the Act means the actual or intended transfer of wildlife or plants from 
one person to another person in the pursuit of gain or profit;
    Native village or town means any community, association, tribe, clan 
or group;
    Operating conservation program means those conservation management 
activities which are expressly agreed upon and described in a 
conservation plan or its Implementing Agreement, if any, and which are 
to be undertaken for the affected species when implementing an approved 
conservation plan, including measures to respond to changed 
circumstances.
    Population means a group of fish or wildlife in the same taxon below 
the subspecific level, in common spatial arrangement that interbreed 
when mature;
    Properly implemented conservation plan means any conservation plan, 
Implementing Agreement and permit whose commitments and provisions have 
been or are being fully implemented by the permittee.
    Specimen means any animal or plant, or any part, product, egg, seed 
or root of any animal or plant;
    Subsistence means the use of endangered or threatened wildlife for 
food, clothing, shelter, heating, transportation and other uses 
necessary to maintain the life of the taker of the wildlife, or those 
who depend upon the taker to provide them with such subsistence, and 
includes selling any edible portions of such wildlife in native villages 
and towns in Alaska for native

[[Page 100]]

consumption within native villages and towns;
    Threatened means a species of wildlife listed in Sec. 17.11 or plant 
listed in Sec. 17.12 and designated as threatened.
    Unforeseen circumstances means changes in circumstances affecting a 
species or geographic area covered by a conservation plan that could not 
reasonably have been anticipated by plan developers and the Service at 
the time of the conservation plan's negotiation and development, and 
that result in a substantial and adverse change in the status of the 
covered species.
    Wasteful manner means any taking or method of taking which is likely 
to result in the killing or injury of endangered or threatened wildlife 
beyond those needed for subsistence purposes, or which results in the 
waste of a substantial portion of the wildlife, and includes without 
limitation the employment of a method of taking which is not likely to 
assure the capture or killing of the wildlife, or which is not 
immediately followed by a reasonable effort to retrieve the wildlife.

[40 FR 44415, Sept. 26, 1975, as amended at 42 FR 28056, June 1, 1977; 
44 FR 54006, Sept. 17, 1979; 46 FR 54750, Nov. 4, 1981; 47 FR 31387, 
July 20, 1982; 50 FR 39687, Sept. 30, 1985; 63 FR 8870, Feb. 23, 1998; 
63 FR 48639, Sept. 11, 1998]



Sec. 17.4  Pre-Act wildlife.

    (a) The prohibitions defined in subparts C and D of this part 17 
shall not apply to any activity involving endangered or threatened 
wildlife which was held in captivity or in a controlled environment on 
December 28, 1973: Provided,
    (1) That the purposes of such holding were not contrary to the 
purposes of the Act; and
    (2) That the wildlife was not held in the course of a commercial 
activity.

    Example 1. On January 25, 1974, a tourist buys a stuffed hawksbill 
turtle (an endangered species listed since June, 1970), in a foreign 
country. On December 28, 1973, the stuffed turtle had been on display 
for sale. The tourist imports the stuffed turtle into the United States 
on January 26, 1974. This is a violation of the Act since the stuffed 
turtle was held for commercial purposes on December 28, 1973.
    Example 2. On December 27, 1973 (or earlier), a tourist buys a 
leopard skin coat (the leopard has been listed as endangered since March 
1972) for his wife in a foreign country. On January 5, he imports it 
into the United States. He has not committed a violation since on 
December 28, 1973, he was the owner of the coat, for personal purposes, 
and the chain of commerce had ended with the sale on the 27th. Even if 
he did not finish paying for the coat for another year, as long as he 
had possession of it, and he was not going to resell it, but was using 
it for personal purposes, the Act does not apply to that coat.
    Example 3. On or before December 28, 1973, a hunter kills a leopard 
legally in Africa. He has the leopard mounted and imports it into the 
United States in March 1974. The importation is not subject to the Act. 
The hunter has not engaged in a commercial activity, even though he 
bought the services of a guide, outfitters, and a taxidermist to help 
him take, preserve, and import the leopard. This applies even if the 
trophy was in the possession of the taxidermist on December 28, 1973.
    Example 4. On January 15, 1974, a hunter kills a leopard legally in 
Africa. He has the leopard mounted and imports it into the United States 
in June 1974. This importation is a violation of the Act since the 
leopard was not in captivity or a controlled environment on December 28, 
1973.

    (b) Service officers or Customs officers may refuse to clear 
endangered or threatened wildlife for importation into or exportation 
from the United States, pursuant to Sec. 14.53 of this subchapter, until 
the importer or exporter can demonstrate that the exemption referred to 
in this section applies. Exempt status may be established by any 
sufficient evidence, including an affidavit containing the following:
    (1) The affiant's name and address;
    (2) Identification of the affiant;
    (3) Identification of the endangered or threatened wildlife which is 
the subject of the affidavit;
    (4) A statement by the affiant that to the best of his knowledge and 
belief, the endangered or threatened wildlife which is the subject of 
the affidavit was in captivity or in a controlled environment on 
December 28, 1973, and was not being held for purposes contrary to the 
Act or in the course of a commercial activity;
    (5) A statement by the affiant in the following language:

    The foregoing is principally based on the attached exhibits which, 
to the best of my knowledge and belief, are complete, true and correct. 
I understand that this affidavit is being submitted for the purpose of 
inducing

[[Page 101]]

the Federal Government to recognize an exempt status regarding (insert 
description of wildlife), under the Endangered Species Act of 1973 (16 
U.S.C. 1531-1543), and regulations promulgated thereunder, and that any 
false statements may subject me to the criminal penalties of 18 U.S.C. 
1001.

    (6) As an attachment, records or other available evidence to show:
    (i) That the wildlife in question was being held in captivity or in 
a controlled environment on December 28, 1973;
    (ii) The purpose for which the wildlife was being held; and
    (iii) The nature of such holding (to establish that no commercial 
activity was involved).
    (c) This section applies only to wildlife born on or prior to 
December 28, 1973. It does not apply to the progeny of any such wildlife 
born after December 28, 1973.



Sec. 17.5  Alaska natives.

    (a) The provisions of subpart C of this part relating to the 
importation or the taking of endangered wildlife, and any provision of 
subpart D of this part relating to the importation or the taking of 
threatened wildlife, shall not apply to:
    (1) Any Indian, Aleut, or Eskimo who is an Alaskan native and who 
resides in Alaska; or
    (2) Any non-native permanent resident of an Alaskan native village 
who is primarily dependent upon the taking of wildlife for consumption 
or for the creation and sale of authentic native articles of handicrafts 
and clothing:

If the taking is primarily for subsistence purposes, and is not 
accomplished in a wasteful manner.
    (b) Edible portions of endangered or threatened wildlife taken or 
imported pursuant to paragraph (a) of this section may be sold in native 
villages or towns in Alaska for native consumption within native 
villages and towns in Alaska.
    (c) Non-edible by-products of endangered or threatened wildlife 
taken or imported pursuant to paragraph (a) of this section may be sold 
in interstate commerce when made into authentic native articles of 
handicrafts and clothing.



Sec. 17.6  State cooperative agreements. [Reserved]



Sec. 17.7  Raptor exemption.

    (a) The prohibitions found in Secs. 17.21 and 17.31 do not apply to 
any raptor [a live migratory bird of the Order Falconiformes or the 
Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus) 
or a golden eagle (Aquila chrysaetos)] legally held in captivity or in a 
controlled environment on November 10, 1978, or to any of its progeny, 
which is:
    (1) Possessed and banded in compliance with the terms of a valid 
permit issued under part 21 of this chapter; and
    (2) Identified in the earliest applicable annual report required to 
be filed by a permittee under part 21 of this chapter as in a 
permittee's possession on November 10, 1978, or as the progeny of such a 
raptor.
    (b) This section does not apply to any raptor intentionally returned 
to the wild.

[48 FR 31607, July 8, 1983]



Sec. 17.8  Permit applications and information collection requirements.

    (a) Address permit applications for activities affecting species 
listed under the Endangered Species Act, as amended, as follows:
    (1) Address activities affecting endangered and threatened species 
that are native to the United States to the Regional Director for the 
Region in which the activity is to take place. You can find addresses 
for the Regional Directors in 50 CFR 2.2. Send applications for 
interstate commerce in native endangered and threatened species to the 
Regional Director with lead responsibility for the species. To determine 
the appropriate region, call the nearest Regional Office:

Region 1 (Portland, OR): 503-231-6241
Region 2 (Albuquerque, NM): 505-248-6920
Region 3 (Twin Cities, MN): 612-713-5343
Region 4 (Atlanta, GA): 404-679-7313
Region 5 (Hadley, MA): 413-253-8628
Region 6 (Denver, CO): 303-236-8155, ext 263
Region 7 (Anchorage, AK): 907-786-3620
Headquarters (Washington, DC): 703-358-2106

    (2) Submit permit applications for activities affecting native 
endangered and threatened species in international

[[Page 102]]

movement or commerce, and all activities affecting nonnative endangered 
and threatened species to the Director, U.S. Fish and Wildlife Service, 
(Attention Office of Management Authority), 4401 N. Fairfax Drive, Room 
700, Arlington, VA 22203.
    (b) The Office of Management and Budget approved the information 
collection requirements contained in this part 17 under 44 U.S.C. 3507 
and assigned OMB Control Numbers 1018-0093 and 1018-0094. The Service 
may not conduct or sponsor, and you are not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number. We are collecting this information to provide 
information necessary to evaluate permit applications. We will use this 
information to review permit applications and make decisions, according 
to criteria established in various Federal wildlife conservation 
statutes and regulations, on the issuance, suspension, revocation, or 
denial of permits. You must respond to obtain or retain a permit. We 
estimate the public reporting burden for these reporting requirements to 
vary from 2 to 2\1/2\ hours per response, including time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the forms. Direct comments regarding the burden estimate or 
any other aspect of these reporting requirements to the Service 
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project (1018-0093/0094), Washington, DC 
20603.

[63 FR 52635, Oct. 1, 1998]



                            Subpart B--Lists



Sec. 17.11  Endangered and threatened wildlife.

    (a) The list in this section contains the names of all species of 
wildlife which have been determined by the Services to be Endangered or 
Threatened. It also contains the names of species of wildlife treated as 
Endangered or Threatened because they are sufficiently similar in 
appearance to Endangered or Threatened species (see Sec. 17.50 et seq.).
    (b) The columns entitled ``Common Name,'' ``Scientific Name,'' and 
``Vertebrate Population Where Endangered or Threatened'' define the 
species of wildlife within the meaning of the Act. Thus, differently 
classified geographic populations of the same vertebrate subspecies or 
species shall be identified by their differing geographic boundaries, 
even though the other two columns are identical. The term ``Entire'' 
means that all populations throughout the present range of a vertebrate 
species are listed. Although common names are included, they cannot be 
relied upon for identification of any specimen, since they may vary 
greatly in local usage. The Services shall use the most recently 
accepted scientific name. In cases in which confusion might arise, a 
synonym(s) will be provided in parentheses. The Services shall rely to 
the extent practicable on the International Code of Zoological 
Nomenclature.
    (c) In the ``Status'' column the following symbols are used: ``E'' 
for Endangered, ``T'' for Threatened, and ``E [or T] (S/A)'' for 
similarity of appearance species.
    (d) The other data in the list are nonregulatory in nature and are 
provided for the information of the reader. In the annual revision and 
compilation of this title, the following information may be amended 
without public notice: the spelling of species' names, historical range, 
footnotes, references to certain other applicable portions of this 
title, synonyms, and more current names. In any of these revised 
entries, neither the species, as defined in paragraph (b) of this 
section, nor its status may be changed without following the procedures 
of part 424 of this title.
    (e) The ``historic range'' indicates the known general distribution 
of the species or subspecies as reported in the current scientific 
literature. The present distribution may be greatly reduced from this 
historic range. This column does not imply any limitation on the 
application of the prohibitions in the Act or implementing rules. Such 
prohibitions apply to all individuals of the species, wherever found.
    (f)(1) A footnote to the Federal Register publication(s) listing or 
reclassifying a species is indicated under the

[[Page 103]]

column ``When listed.'' Footnote numbers to Secs. 17.11 and 17.12 are in 
the same numerical sequence, since plants and animals may be listed in 
the same Federal Register document. That document, at least since 1973, 
includes a statement indicating the basis for the listing, as well as 
the effective date(s) of said listing.
    (2) The ``Special rules'' and ``Critical habitat'' columns provide a 
cross reference to other sections in parts 17, 222, 226, or 227. The 
``Special rules'' column will also be used to cite the special rules 
that describe experimental populations and determine if they are 
essential or nonessential. Separate listing will be made for 
experimental populations, and the status column will include the 
following symbols: ``XE'' for an essential experimental population and 
``XN'' for a nonessential experimental population. The term ``NA'' (not 
applicable) appearing in either of these two columns indicates that 
there are no special rules and/or critical habitat for that particular 
species. However, all other appropriate rules in parts 17, 217 through 
227, and 402 still apply to that species. In addition, there may be 
other rules in this title that relate to such wildlife, e.g., port-of-
entry requirements. It is not intended that the references in the 
``Special rules'' column list all the regulations of the two Services 
which might apply to the species or to the regulations of other Federal 
agencies or State or local governments.
    (g) The listing of a particular taxon includes all lower taxonomic 
units. For example, the genus Hylobates (gibbons) is listed as 
Endangered throughout its entire range (China, India, and SE Asia); 
consequently, all species, subspecies, and populations of that genus are 
considered listed as Endangered for the purposes of the Act. In 1978 (43 
FR 6230-6233) the species Haliaeetus leucocephalus (bald eagle) was 
listed as Threatened in ``USA (WA, OR, MN, WI, MI)'' rather than its 
entire population; thus, all individuals of the bald eagle found in 
those five States are considered listed as Threatened for the purposes 
of the Act.
    (h) The ``List of Endangered and Threatened Wildlife'' is provided 
below:

[[Page 104]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                           Species                                                       Vertebrate population
--------------------------------------------------------------      Historic range        where endangered or     Status    When     Critical   Special
             Common name                  Scientific name                                      threatened                  listed    habitat     rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
               Mammals
Anoa, lowland.......................  Bubalus depressicornis   IndonesiaENT  E......................        3        NA         NA
                                       (=B. anoa                Entire.
                                       depressicornis).
Anoa, mountain......................  Bubalus quarlesi (=B.    ......do...............  ......do...............        E        15         NA         NA
                                       anoa quarlesi).
Antelope, giant sable...............  Hippotragus niger        Angola.................  ......do...............        E        15         NA         NA
                                       variani.
Argali..............................  Ovis ammon.............  Afganistan, China,       Entire except                  E   15, 475         NA         NA
                                                                India, Kazakhstan,       Kyrgyzstan, Mongolia,
                                                                Kyrgyzstan, Mongolia,    and Tajikistan.
                                                                Nepal, Pakistan,
                                                                Russia, Tajikistan,
                                                                Uzbekistan.
    Do..............................  ......do...............  ......do...............  Kyrgyzstan, Mongolia,          T   15, 475         NA   17.40(j)
                                                                                         and Tajikistan.
Armadillo, giant....................  Priodontes maximus       Venezuela and Guyana to  Entire.................        E        15         NA         NA
                                       (=giganteus).            Argentina.
Armadillo, pink fairy...............  Chlamyphorus truncatus.  Argentina..............  ......do...............        E         3         NA         NA
Ass, African wild...................  Equus asinus             Somalia, Sudan,          Somalia, Sudan,                E     3, 22         NA         NA
                                       (=africanus).            Ethiopia.                Ethiopia.
Ass, Asian wild (=kulan, onager)....  Equus hemionus.........  Southwestern and         Entire.................        E         3         NA         NA
                                                                Central Asia.
Avahi...............................  Avahi (=Lichanotus)      Malagasy Republic        ......do...............        E         3         NA         NA
                                       laniger (=entire         (=Madagascar).
                                       genus).
Aye-aye.............................  Daubentonia              ......do...............  ......do...............        E         3         NA         NA
                                       madagascariensis.
Babirusa............................  Babyrousa babyrussa....  Indonesia..............  ......do...............        E        15         NA         NA
Baboon, gelada......................  Theropithecus gelada...  Ethiopia...............  ......do...............        T        16         NA   17.40(c)
Bandicoot, barred...................  Perameles bougainville.  Australia..............  ......do...............        E         4         NA         NA
Bandicoot, desert...................  Perameles eremiana.....  ......do...............  ......do...............        E         6         NA         NA
Bandicoot, lesser rabbit............  Macrotis leucura.......  ......do...............  ......do...............        E         4         NA         NA
Bandicoot, pig-footed...............  Chaeropus ecaudatus....  ......do...............  ......do...............        E         4         NA         NA
Bandicoot, rabbit...................  Macrotis lagotis.......  ......do...............  ......do...............        E         4         NA         NA
Banteng.............................  Bos javanicus            Southeast Asia.........  ......do...............        E         3         NA         NA
                                       (=banteng).
Bat, Bulmer's fruit (flying fox)....  Aproteles bulmerae.....  Papua New Guinea.......  ......do...............        E       139         NA         NA
Bat, bumblebee......................  Craseonycteris           Thailand...............  ......do...............        E       139         NA         NA
                                       thonglongyai.
Bat, gray...........................  Myotis grisescens......  Central and              ......do...............        E        13         NA         NA
                                                                southeastern U.S.A..
Bat, Hawaiian hoary.................  Lasiurus cinereus        U.S.A. (HI)............  ......do...............        E         2         NA         NA
                                       semotus.
Bat, Indiana........................  Myotis sodalis.........  Eastern and Midwestern   ......do...............        E         1   17.95(a)         NA
                                                                U.S.A.
Bat, lesser (=Sanborn's) long-nosed.  Leptonycteris curasoae   U.S.A. (AZ, NM),         ......do...............        E       336         NA         NA
                                       (=sanborni)              Mexico, Central
                                       yerbabuenae.             America.
Bat, little Mariana fruit...........  Pteropus tokudae.......  Western Pacific Ocean--  ......do...............        E       156         NA         NA
                                                                U.S.A. (Guam).
Bat, Mariana fruit..................  Pteropus mariannus       Western Pacific Ocean--  Guam...................        E       156         NA         NA
                                       mariannus.               U.S.A. (Guam, Rota,
                                                                Tinian, Saipan,
                                                                Agiguan).
Bat, Mexican long-nosed.............  Leptonycteris nivalis..  U.S.A. (NM, TX),         Entire.................        E       336         NA         NA
                                                                Mexico, Central
                                                                America.
Bat, Ozark big-eared................  Corynorhinus             U.S.A. (MO, OK, AR)....  ......do...............        E        85         NA         NA
                                       (=Plecotus) townsendii
                                       ingens.
Bat, Rodrigues fruit (flying fox)...  Pteropus rodricensis...  Indian Ocean--Rodrigues  ......do...............        E       139         NA         NA
                                                                Island.

[[Page 105]]

 
Bat, Singapore roundleaf horseshoe..  Hipposideros ridleyi...  Malaysia...............  ......do...............        E       139         NA         NA
Bat, Virginia big-eared.............  Corynorhinus             U.S.A. (KY, NC, WV, VA)  ......do...............        E        85   17.95(a)         NA
                                       (=Plecotus) townsendii
                                       virginianus.
Bear, American black................  Ursus americanus.......  North America..........  U.S.A. (LA, all           T(S/A)       456         NA   17.40(i)
                                                                                         counties; MS, TX, only
                                                                                         within the historic
                                                                                         county range of the
                                                                                         Louisiana black bear).
Bear, Baluchistan...................  Ursus thibetanus         Iran, Pakistan.........  Entire.................        E       233         NA         NA
                                       gedrosianus.
Bear, brown.........................  Ursus arctos arctos....  Palearctic.............  Italy..................        E   15, 15A         NA         NA
    Do..............................  Ursus arctos pruinosus.  China (Tibet)..........  Entire.................        E        15         NA         NA
Bear, grizzly (=brown)..............  Ursus arctos...........  Holarctic..............  U.S.A., conterminous           T  1, 2D, 9         NA   17.40(b)
                                                                                         (lower 48) States.
Bear, Louisiana black...............  Ursus americanus         U.S.A. (LA--all          Entire.................        T       456         NA   17.40(i)
                                       luteolus.                counties; MS--all
                                                                counties south of or
                                                                touching a line from
                                                                Greenville, Washington
                                                                County, to Meridian,
                                                                Lauderdale County; TX--
                                                                all counties east of
                                                                or touching a line
                                                                from Linden, Cass
                                                                County, SW to Bryan,
                                                                Brazos County, thence
                                                                SSW to Rockport,
                                                                Aransas County).
Bear, Mexican grizzly...............  Ursus arctos (=U. a.     Holarctic..............  Mexico.................        E         3         NA         NA
                                       nelsoni).
Beaver..............................  Castor fiber birulai...  Mongolia...............  Entire.................        E        15         NA         NA
Bison, wood.........................  Bison bison athabascae.  Canada, northwestern     Canada.................        E         3         NA         NA
                                                                U.S.A.
Bobcat, Mexican.....................  Lynx (=Felis) rufus      Central Mexico.........  Entire.................        E        15         NA         NA
                                       escuinapae.
Bontebok (antelope).................  Damaliscus pygarus       South Africa...........  ......do...............        E        15         NA         NA
                                       (=dorcas) dorcas.
Camel, Bactrian.....................  Camelus bactrianus       Mongolia, China........  ......do...............        E        15         NA         NA
                                       (=ferus).
Caribou, woodland...................  Rangifer tarandus        U.S.A. (AK, ID, ME, MI,  U.S.A. (ID, WA), Canada        E     128E,         NA         NA
                                       caribou.                 MN, MT, NH, VT, WA,      (that part of S.E.                  136E,
                                                                WI), Canada.             British Columbia                      143
                                                                                         bounded by the U.S.-
                                                                                         Can. border, Columbia
                                                                                         R., Kootenay R.,
                                                                                         Kootenay L., and
                                                                                         Kootenai R.).
Cat, Andean.........................  Felis jacobita.........  Chile, Peru, Bolivia,    Entire.................        E        15         NA         NA
                                                                Argentina.
Cat, Asian golden (=Temminck's).....  Catopuma (=Felis)        Nepal, China, Southeast  ......do...............        E        15         NA         NA
                                       temminckii.              Asia, Indonesia
                                                                (Sumatra).
Cat, black-footed...................  Felis nigripes.........  Southern Africa........  ......do...............        E        15         NA         NA
Cat, flat-headed....................  Prionailurus (=Felis)    Malaysia, Indonesia....  ......do...............        E        15         NA         NA
                                       planiceps.
Cat, Iriomote.......................  Prionailurus (=Felis)    Japan (Iriomote Island,  ......do...............        E        50         NA         NA
                                       bengalensis              Ryukyu Islands).
                                       iriomotensis.
Cat, leopard........................  Prionailurus (=Felis)    India, Southeast Asia..  ......do...............        E        15         NA         NA
                                       bengalensis
                                       bengalensis.
Cat, marbled........................  Pardofelis (=Felis)      Nepal, Southeast Asia,   ......do...............        E        15         NA         NA
                                       marmorata.               Indonesia.
Cat, Pakistan sand..................  Felis margarita          Pakistan...............  ......do...............        E       139         NA         NA
                                       scheffeli.
Cat, tiger..........................  Leopardus (=Felis)       Costa Rica to northern   ......do...............        E         5         NA         NA
                                       tigrinus.                Argentina.
Chamois, Apennine...................  Rupicapra rupicapra      Italy..................  ......do...............        E        15         NA         NA
                                       ornata.
Cheetah.............................  Acinonyx jubatus.......  Africa to India........  ......do...............        E      3, 5         NA         NA
Chimpanzee..........................  Pan troglodytes........  Africa-see 17.40(c)(3).  Wherever found in the          E   16, 376         NA         NA
                                                                                         wild.

[[Page 106]]

 
    Do..............................  ......do...............  ......do...............  Wherever found in              T   16, 376         NA   17.40(c)
                                                                                         captivity.
Chimpanzee, pygmy...................  Pan paniscus...........  Zaire..................  Entire.................        E   16, 376         NA         NA
Chinchilla..........................  Chinchilla brevicaudata  Bolivia................  ......do...............        E        15         NA         NA
                                       boliviana.
Civet, Malabar large-spotted........  Viverra civettina        India..................  ......do...............        E        50         NA         NA
                                       (=megaspila c.).
Cochito (=Gulf of California harbor   Phocoena sinus.........  Mexico (Gulf of          ......do...............        E       169         NA         NA
 porpoise).                                                     California).
Deer, Bactrian......................  Cervus elaphus           Tajikistan, Uzbekistan,  ......do...............        E        50         NA         NA
                                       bactrianus.              Afghanistan.
Deer, Barbary.......................  Cervus elaphus barbarus  Morocco, Tunisia,        ......do...............        E        50         NA         NA
                                                                Algeria.
Deer, Calamianes (=Philippine)......  Axis (=Cervus) porcinus  Philippines (Calamian    ......do...............        E        15         NA         NA
                                       calamianensis.           Islands).
Deer, Cedros Island mule............  Odocoileus hemionus      Mexico (Cedros Island).  ......do...............        E        10         NA         NA
                                       cedrosensis.
Deer, Columbian white-tailed........  Odocoileus virginianus   U.S.A. (WA, OR)........  ......do...............        E         1         NA         NA
                                       leucurus.
Deer, Corsican red..................  Cervus elaphus           Corsica, Sardinia......  ......do...............        E        50         NA         NA
                                       corsicanus.
Deer, Eld's brow-antlered...........  Cervus eldi............  India to Southeast Asia  ......do...............        E         3         NA         NA
Deer, Formosan sika.................  Cervus nippon taiouanus  Taiwan.................  ......do...............        E        50         NA         NA
Deer, Indochina hog.................  Axis (=Cervus) porcinus  Thailand, Indochina....  ......do...............        E        15         NA         NA
                                       annamiticus.
Deer, key...........................  Odocoileus virginianus   U.S.A. (FL)............  ......do...............        E         1         NA         NA
                                       clavium.
Deer, Kuhl's (=Bawean)..............  Axis (=Cervus) porcinus  Indonesia..............  ......do...............        E         3         NA         NA
                                       kuhli.
Deer, marsh.........................  Blastocerus dichotomus.  Argentina, Uruguay,      ......do...............        E         3         NA         NA
                                                                Paraguay, Bolivia,
                                                                Brazil.
Deer, McNeill's.....................  Cervus elaphus           China (Sinkiang, Tibet)  ......do...............        E         3         NA         NA
                                       macneilii.
Deer, musk..........................  Moschus spp. (all        Central and eastern      Afghanistan, Bhutan,           E        15         NA         NA
                                       species).                Asia.                    Burma, China (Tibet,
                                                                                         Yunnan), India, Nepal,
                                                                                         Pakistan, Sikkim.
Deer, North China sika..............  Cervus nippon            China (Shantung and      Entire.................        E        50         NA         NA
                                       mandarinus.              Chihli Provinces).
Deer, pampas........................  Ozotoceros bezoarticus.  Brazil, Argentina,       ......do...............        E        15         NA         NA
                                                                Uruguay, Bolivia,
                                                                Paraguay.
Deer, Persian fallow................  Dama mesopotamica        Iraq, Iran.............  ......do...............        E         3         NA         NA
                                       (=dama m.).
Deer, Ryukyu sika...................  Cervus nippon keramae..  Japan (Ryukyu Islands).  ......do...............        E        50         NA         NA
Deer, Shansi sika...................  Cervus nippon            China (Shansi Province)  ......do...............        E        50         NA         NA
                                       grassianus.
Deer, South China sika..............  Cervus nippon kopschi..  Southern China.........  ......do...............        E        50         NA         NA
Deer, swamp (=barasingha)...........  Cervus duvauceli.......  India, Nepal...........  ......do...............        E         3         NA         NA
Deer, Visayan.......................  Cervus alfredi.........  Philippines............  ......do...............        E       320         NA         NA
Deer, Yarkand.......................  Cervus elaphus           China (Sinkiang).......  ......do...............        E        50         NA         NA
                                       yarkandensis.
Dhole (=Asiatic wild dog)...........  Cuon alpinus...........  C.I.S., Korea, China,    ......do...............        E         3         NA         NA
                                                                India, Southeast Asia.
Dibbler.............................  Antechinus apicalis....  Australia..............  ......do...............        E         4         NA         NA
Dog, African wild...................  Lycaon pictus..........  Sub-Saharan Africa.....  ......do...............        E       139         NA         NA
Dolphin, Chinese river (=white flag)  Lipotes vexillifer.....  China..................  ......do...............        E       350         NA         NA
Dolphin, Indus River................  Platanista minor.......  Pakistan (Indus R. and   ......do...............        E       417         NA         NA
                                                                tributaries).
Drill...............................  Mandrillus (=Papio)      Equatorial West Africa.  ......do...............        E        16         NA         NA
                                       leucophaeus.

[[Page 107]]

 
Dugong..............................  Dugong dugon...........  East Africa to southern  Entire, except Palau...        E         4         NA         NA
                                                                Japan, including
                                                                U.S.A. (Trust
                                                                Territories).
Duiker, Jentink's...................  Cephalophus jentinki...  Sierra Leone, Liberia,   Entire.................        E        50         NA         NA
                                                                Ivory Coast.
Eland, western giant................  Taurotragus derbianus    Senegal to Ivory Coast.  ......do...............        E        50         NA         NA
                                       derbianus.
Elephant, African...................  Loxodonta africana.....  Africa.................  ......do...............        T        40         NA   17.40(e)
Elephant, Asian.....................  Elephas maximus........  South-central and        ......do...............        E        15         NA         NA
                                                                southeastern Asia.
Ferret, black-footed................  Mustela nigripes.......  Western U.S.A., western  Entire, except where           E     1, 3,         NA         NA
                                                                Canada.                  listed as an                         433,
                                                                                         experimental                         545,
                                                                                         population.                          546,
                                                                                                                          582, 646
    Do..............................  ......do...............  ......do...............  U.S.A. (specific              XN      433,         NA   17.84(g)
                                                                                         portions of AZ, CO,                  545,
                                                                                         MT, SD, UT, and WY,                  546,
                                                                                         see 17.84(g)).                   582, 646
Fox, northern swift.................  Vulpes velox hebes.....  U.S.A. (northern         Canada.................        E         3         NA         NA
                                                                plains), Canada.
Fox, San Joaquin kit................  Vulpes macrotis mutica.  U.S.A. (CA)............  Entire.................        E         1         NA         NA
Fox, Simien.........................  Canis (Simenia)          Ethiopia...............  ......do...............        E        50         NA         NA
                                       simensis.
Gazelle, Arabian....................  Gazella gazella........  Arabian Peninsula,       ......do...............        E        50         NA         NA
                                                                Palestine, Sinai.
Gazelle, Clark's (=Dibatag).........  Ammodorcas clarkei.....  Somalia, Ethiopia......  ......do...............        E         3         NA         NA
Gazelle, Mhorr......................  Gazella dama mhorr.....  Morocco................  ......do...............        E         3         NA         NA
Gazelle, Moroccan (=Dorcas).........  Gazella dorcas           Morocco, Algeria,        ......do...............        E         3         NA         NA
                                       massaesyla.              Tunisia.
Gazelle, mountain (=Cuvier's).......  Gazella cuvieri........  ......do...............  ......do...............        E         3         NA         NA
Gazelle, Pelzeln's..................  Gazella dorcas pelzelni  Somalia................  ......do...............        E        50         NA         NA
Gazelle, Rio de Oro Dama............  Gazella dama lozanoi...  Western Sahara.........  ......do...............        E         3         NA         NA
Gazelle, sand.......................  Gazella subgutturosa     Jordan, Arabian          ......do...............        E        50         NA         NA
                                       marica.                  Peninsula.
Gazelle, Saudi Arabian..............  Gazella dorcas saudiya.  Israel, Iraq, Jordan,    ......do...............        E        50         NA         NA
                                                                Syria, Arabian
                                                                Peninsula.
Gazelle, slender-horned (=Rhim).....  Gazella leptoceros.....  Sudan, Egypt, Algeria,   ......do...............        E         3         NA         NA
                                                                Libya.
Gibbons.............................  Hylobates spp.           China, India, Southeast  ......do...............        E     3, 15         NA         NA
                                       (including Nomascus).    Asia.
Goral...............................  Nemorhaedus goral......  East Asia..............  ......do...............        E        15         NA         NA
Gorilla.............................  Gorilla gorilla........  Central and western      ......do...............        E         3         NA         NA
                                                                Africa.
Hare, hispid........................  Caprolagus hispidus....  India, Nepal, Bhutan...  ......do...............        E        15         NA         NA
Hartebeest, Swayne's................  Alcelaphus buselaphus    Ethiopia, Somalia......  ......do...............        E     3, 50         NA         NA
                                       swaynei.
Hartebeest, Tora....................  Alcelaphus buselaphus    Ethiopia, Sudan, Egypt.  ......do...............        E        50         NA         NA
                                       tora.
Hog, pygmy..........................  Sus salvanius..........  India, Nepal, Bhutan,    ......do...............        E         3         NA         NA
                                                                Sikkim.
Horse, Przewalski's.................  Equus przewalskii......  Mongolia, China........  ......do...............        E        15         NA         NA
Huemul, north Andean................  Hippocamelus antisensis  Ecuador, Peru, Chile,    ......do...............        E        15         NA         NA
                                                                Bolivia, Argentina.
Huemul, south Andean................  Hippocamelus bisulcus..  Chile, Argentina.......  ......do...............        E        15         NA         NA
Hutia, Cabrera's....................  Capromys angelcabrerai.  Cuba...................  ......do...............        E       233         NA         NA
Hutia, dwarf........................  Capromys nana..........  ......do...............  ......do...............        E       233         NA         NA
Hutia, large-eared..................  Capromys auritus.......  ......do...............  ......do...............        E       233         NA         NA
Hutia, little earth.................  Capromys sanfelipensis.  ......do...............  ......do...............        E       233         NA         NA
Hyena, Barbary......................  Hyaena hyaena barbara..  Morocco, Algeria,        ......do...............        E         3         NA         NA
                                                                Tunisia.

[[Page 108]]

 
Hyena, brown........................  Parahyaena (=Hyaena)     Southern Africa........  ......do...............        E         3         NA         NA
                                       brunnea.
Ibex, Pyrenean......................  Capra pyrenaica          Spain..................  ......do...............        E         3         NA         NA
                                       pyrenaica.
Ibex, Walia.........................  Capra walie............  Ethiopia...............  ......do...............        E         3         NA         NA
Impala, black-faced.................  Aepyceros melampus       Namibia, Angola........  ......do...............        E         3         NA         NA
                                       petersi.
Indri...............................  Indri indri (=entire     Malagasy Republic        ......do...............        E         3         NA         NA
                                       genus).                  (=Madagascar).
Jaguar..............................  Panthera onca..........  U.S.A. (AZ, CA, LA, NM,  ......do...............        E    5, 622         NA         NA
                                                                TX), Mexico, Central
                                                                and South America.
Jaguarundi, Gulf Coast..............  Herpailurus (=Felis)     U.S.A. (TX), Mexico....  ......do...............        E        15         NA         NA
                                       yagouaroundi cacomitli.
Jaguarundi, Guatemalan..............  Herpailurus (=Felis)     Mexico, Nicaragua......  ......do...............        E        15         NA         NA
                                       yagouaroundi fossata.
Jaguarundi, Panamanian..............  Herpailurus (=Felis)     Nicaragua, Costa Rica,   ......do...............        E        15         NA         NA
                                       yagouaroundi             Panama.
                                       panamensis.
Jaguarundi, Sinaloan................  Herpailurus (=Felis)     U.S.A. (AZ), Mexico....  ......do...............        E        15         NA         NA
                                       yagouaroundi tolteca.
Kangaroo rat, Fresno................  Dipodomys nitratoides    U.S.A. (CA)............  ......do...............        E       170   17.95(a)         NA
                                       exilis.
Kangaroo rat, giant.................  Dipodomys ingens.......  .....do................  ......do...............        E       251         NA         NA
Kangaroo rat, Morro Bay.............  Dipodomys heermanni      ......do...............  ......do...............        E         2   17.95(a)         NA
                                       morroensis.
Kangaroo rat, Stephens'.............  Dipodomys stephensi      ......do...............  ......do...............        E       338         NA         NA
                                       (incl. D. cascus).
Kangaroo rat, Tipton................  Dipodomys nitratoides    ......do...............  ......do...............        E       312         NA         NA
                                       nitratoides.
Kangaroo rat, San Bernardino          Dipodomys merriami       ......do...............  ......do...............        E     632E,         NA         NA
 Merriam's.                            parvus.                                                                                 645
Kangaroo, Tasmanian forester........  Macropus giganteus       Australia (Tasmania)...  ......do...............        E         6         NA         NA
                                       tasmaniensis.
Kouprey.............................  Bos sauveli............  Vietnam, Laos,           ......do...............        E         3         NA         NA
                                                                Cambodia, Thailand.
Langur, capped......................  Trachypithecus           India, Burma,            ......do...............        E        15         NA         NA
                                       (=Presbytis) pileatus.   Bangladesh.
Langur, Douc........................  Pygathrix nemaeus......  Cambodia, Laos, Vietnam  ......do...............        E         3         NA         NA
Langur, Francois'...................  Trachypithecus           China (Kwangsi),         ......do...............        E        16         NA         NA
                                       (=Presbytis) francoisi.  Indochina.
Langur, golden......................  Trachypithecus           India (Assam), Bhutan..  ......do...............        E        15         NA         NA
                                       (=Presbytis) geei.
Langur, gray (=entellus)............  Semnopithecus            China (Tibet), India,    ......do...............        E        15         NA         NA
                                       (=Presbytis) entellus.   Pakistan, Kashmir, Sri
                                                                Lanka, Sikkim,
                                                                Bangladesh.
Langur, long-tailed.................  Presbytis potenziani...  Indonesia..............  ......do...............        T        16         NA   17.40(c)
Langur, Pagi Island.................  Nasalis (Simias)         ......do...............  ......do...............        E         3         NA         NA
                                       concolor.
Langur, purple-faced................  Presbytis senex........  Sri Lanka..............  ......do...............        T        16         NA   17.40(c)
Lechwe, red.........................  Kobus leche............  Southern Africa........  ......do...............        T    3, 15,         NA         NA
                                                                                                                               106

[[Page 109]]

 
Lemurs..............................  Lemuridae (incl. genera  Malagasy Republic        ......do...............        E    3, 15,         NA         NA
                                       Lemur, Phaner,           (=Madagascar).                                                 15A
                                       Hapalemur, Lepilemur,
                                       Microcebus, Allocebus,
                                       Cheirogaleus, Varecia).
Leopard.............................  Panthera pardus........  Africa, Asia...........  Wherever found, except         E     3, 5,         NA         NA
                                                                                         where it is listed as                 114
                                                                                         Threatened as set
                                                                                         forth below.
    Do..............................  ......do...............  ......do...............  In Africa, in the wild,        T     3, 5,         NA   17.40(f)
                                                                                         south of, and                         114
                                                                                         including, the
                                                                                         following countries:
                                                                                         Gabon, Congo, Zaire,
                                                                                         Uganda, Kenya.
Leopard, clouded....................  Neofelis nebulosa......  Southeastern and south-  Entire.................        E     3, 15         NA         NA
                                                                central Asia, Taiwan.
Leopard, snow.......................  Uncia (=Panthera) uncia  Central Asia...........  ......do...............        E         5         NA         NA
Linsang, spotted....................  Prionodon pardicolor...  Nepal, Assam, Vietnam,   ......do...............        E        15         NA         NA
                                                                Cambodia, Laos, Burma.
Lion, Asiatic.......................  Panthera leo persica...  Turkey to India........  ......do...............        E         3         NA         NA
Loris, lesser slow..................  Nycticebus pygmaeus....  Indochina..............  ......do...............        T        16         NA   17.40(c)
Lynx, Spanish.......................  Felis (=Lynx) pardina..  Spain, Portugal........  ......do...............        E         3         NA         NA
Macaque, Formosan rock..............  Macaca cyclopis........  Taiwan.................  ......do...............        T        16         NA   17.40(c)
Macaque, Japanese...................  Macaca fuscata.........  Japan (Shikoku, Kyushu   ......do...............        T        16         NA   17.40(c)
                                                                and Honshu Islands).
Macaque, lion-tailed................  Macaca silenus.........  India..................  ......do...............        E         3         NA         NA
Macaque, stump-tailed...............  Macaca arctoides.......  India (Assam) to         ......do...............        T        16         NA   17.40(c)
                                                                southern China.
Macaque, Toque......................  Macaca sinica..........  Sri Lanka..............  ......do...............        T        16         NA   17.40(c)
Manatee, Amazonian..................  Trichechus inunguis....  South America (Amazon    ......do...............        E         3         NA         NA
                                                                R. basin).
Manatee, West African...............  Trichechus senegalensis  West Coast of Africa     ......do...............        T        52         NA         NA
                                                                from Senegal R. to
                                                                Cuanza R.
Manatee, West Indian................  Trichechus manatus.....  U.S.A. (southeastern),   ......do...............        E      1, 3   17.95(a)     17.108
                                                                Caribbean Sea, South                                                                 (a)
                                                                America.
Mandrill............................  Mandrillus (=Papio)      Equatorial West Africa.  ......do...............        E        16         NA         NA
                                       sphinx.
Mangabey, Tana River................  Cercocebus galeritus     Kenya..................  ......do...............        E         3         NA         NA
                                       galeritus.
Mangabey, white-collared............  Cercocebus torquatus...  Senegal to Ghana;        ......do...............        E        16         NA         NA
                                                                Nigeria to Gabon.
Margay..............................  Leopardus (=Felis)       U.S.A. (TX), Central     Mexico southward.......        E         5         NA         NA
                                       wiedii.                  and South America.
Markhor, chiltan (=wild goat).......  Capra falconeri          Chiltan Range of west-   Entire.................        E        15         NA         NA
                                       (=aegagrus)              central Pakistan.
                                       chiltanensis.
Markhor, Kabul......................  Capra falconeri          Afghanistan, Pakistan..  Entire.................        E        15         NA         NA
                                       megaceros.
Markhor, straight-horned............  Capra falconeri jerdoni  ......do...............  ......do...............        E        15         NA         NA
Marmoset, buff-headed...............  Callithrix flaviceps...  Brazil.................  ......do...............        E       139         NA         NA
Marmoset, cotton-top................  Saguinus oedipus.......  Costa Rica to Colombia.  ......do...............        E        16         NA         NA
Marmoset, Goeldi's..................  Callimico goeldii......  Brazil, Colombia,        ......do...............        E         3         NA         NA
                                                                Ecuador, Peru, Bolivia.
Marmoset, white-eared (=buffy tufted- Callithrix aurita        Brazil.................  ......do...............        E       233         NA         NA
 ear).                                 (=jacchus a.).
Marmot, Vancouver Island............  Marmota vancouverensis.  Canada (Vancouver        ......do...............        E       139         NA         NA
                                                                Island).
Marsupial, eastern jerboa...........  Antechinomys laniger...  Australia..............  ......do...............        E         4         NA         NA
Marsupial-mouse, large desert.......  Sminthopsis psammophila  ......do...............  ......do...............        E         4         NA         NA

[[Page 110]]

 
Marsupial-mouse, long-tailed........  Sminthopsis              ......do...............  ......do...............        E         4         NA         NA
                                       longicaudata.
Marten, Formosan yellow-throated....  Martes flavigula         Taiwan.................  ......do...............        E         3         NA         NA
                                       chrysospila.
Monkey, black colobus...............  Colobus satanas........  Equatorial Guinea,       ......do...............        E        16         NA         NA
                                                                People's Republic of
                                                                Congo, Cameroon, Gabon.
Monkey, black howler................  Alouatta pigra.........  Mexico, Guatemala,       ......do...............        T        16         NA   17.40(c)
                                                                Belize.
Monkey, Diana.......................  Cercopithecus diana....  Coastal West Africa....  ......do...............        E        16         NA         NA
Monkey (=langur), Guizhou snub-nosed  Rhinopithecus            China..................  ......do...............        E       400         NA         NA
                                       (=Pygathrix) brelichi.
Monkey, L'hoest's...................  Cercopithecus lhoesti..  Upper eastern Congo R.   ......do...............        E        16         NA         NA
                                                                Basin, Cameroon.
Monkey, mantled howler..............  Alouatta palliata        Mexico to South America  ......do...............        E        15         NA         NA
                                       (=villosa).
Monkey, Preuss' red colobus.........  Procolobus (=Colobus)    Cameroon...............  ......do...............        E       139         NA         NA
                                       preussi (=badius p.).
Monkey, proboscis...................  Nasalis larvatus.......  Borneo.................  ......do...............        E        15         NA         NA
Monkey, red-backed squirrel.........  Saimiri oerstedii......  Costa Rica, Panama.....  ......do...............        E         3         NA         NA
Monkey, red-bellied.................  Cercopithecus            Western Nigeria........  ......do...............        E        16         NA         NA
                                       erythrogaster.
Monkey, red-eared nose-spotted......  Cercopithecus            Nigeria, Cameroon,       ......do...............        E        16         NA         NA
                                       erythrotis.              Fernando Po.
Monkey (=langur), Sichuan snub-nosed  Rhinopithecus            China..................  ......do...............        E       400         NA         NA
                                       (=Pygathrix) roxellana.
Monkey, spider......................  Ateles geoffroyi         Costa Rica, Nicaragua..  ......do...............        E         3         NA         NA
                                       frontatus.
    Do..............................  Ateles geoffroyl         Costa Rica, Panama.....  ......do...............        E         3         NA         NA
                                       panamensis.
Monkey, Tana River red colobus......  Procolobus (=Colobus)    Kenya..................  ......do...............        E         3         NA         NA
                                       rufomitratus (=badius
                                       r.).
Monkey (=langur), Tonkin snub-nosed.  Rhinopithecus            Vietnam................  ......do...............        E   16, 400         NA         NA
                                       (=Pygathrix) avunculus.
Monkey, woolly spider...............  Brachyteles arachnoides  Brazil.................  ......do...............        E         3         NA         NA
Monkey, yellow-tailed woolly........  Lagothrix flavicauda...  Andes of northern Peru.  ......do...............        E        16         NA         NA
Monkey (=langur), Yunnan snub-nosed.  Rhinopithecus            China..................  ......do...............        E       400         NA         NA
                                       (=Pygathrix) bieti.
Monkey, Zanzibar red colobus........  Procolobus (=Colobus)    Tanzania...............  ......do...............        E         3         NA         NA
                                       pennantii (=kirki)
                                       kirki.
Mountain beaver, Point Arena........  Aplodontia rufa nigra..  U.S.A. (CA)............  ......do...............        E       454         NA         NA
Mouse, Alabama beach................  Peromyscus polionotus    U.S.A. (AL)............  ......do...............        E       183   17.95(a)         NA
                                       ammobates.
Mouse, Anastasia Island beach.......  Peromyscus polionotus    U.S.A. (FL)............  ......do...............        E       349         NA         NA
                                       phasma.
Mouse, Australian native............  Notomys aquilo.........  Australia..............  ......do...............        E        15         NA         NA
    Do..............................  Zyzomys (=Notomys)       ......do...............  ......do...............        E        15         NA         NA
                                       pedunculatus.
Mouse, Choctawhatchee beach.........  Peromyscus polionotus    U.S.A. (FL)............  ......do...............        E       183   17.95(a)         NA
                                       allophrys.
Mouse, Field's......................  Pseudomys fieldi.......  Australia..............  ......do...............        E         4         NA         NA
Mouse, Gould's......................  Pseudomys gouldii......  ......do...............  ......do...............        E         6         NA         NA
Mouse, Key Largo cotton.............  Peromyscus gossypinus    U.S.A. (FL)............  ......do...............        E     131E,         NA         NA
                                       allapaticola.                                                                           160
Mouse, New Holland..................  Pseudomys                Australia..............  ......do...............        E         4         NA         NA
                                       novaehollandiae.

[[Page 111]]

 
Mouse, Pacific pocket...............  Perognathus              U.S.A. (CA)............  ......do...............        E     526E,         NA         NA
                                       longimembris pacificus.                                                                 554
Mouse, Perdido Key beach............  Peromyscus polionotus    U.S.A. (AL, FL)........  ......do...............        E       183   17.95(a)         NA
                                       trissyllepsis.
Mouse, Preble's meadow jumping......  Zapus hudsonius preblei  U.S.A. (CO, WY)........  ......do...............        T       636         NA         NA
Mouse, salt marsh harvest...........  Reithrodontomys          U.S.A. (CA)............  ......do...............        E         2         NA         NA
                                       raviventris.
Mouse, Shark Bay....................  Pseudomys praeconis....  Australia..............  ......do...............        E         4         NA         NA
Mouse, Shortridge's.................  Pseudomys shortridgei..  ......do...............  ......do...............        E         4         NA         NA
Mouse, smoky........................  Pseudomys fumeus.......  ......do...............  ......do...............        E         4         NA         NA
Mouse, southeastern beach...........  Peromyscus polionotus    U.S.A. (FL)............  ......do...............        T       349         NA         NA
                                       niveiventris.
Mouse, St. Andrew beach.............  Peromyscus polionotus    ......do...............  ......do...............        E       655         NA         NA
                                       peninsularis.
Mouse, western......................  Pseudomys occidentalis.  Australia..............  ......do...............        E         4         NA         NA
Muntjac, Fea's......................  Muntiacus feae.........  Northern Thailand,       ......do...............        E        50         NA         NA
                                                                Burma.
Native-cat, eastern.................  Dasyurus viverrinus....  Australia..............  ......do...............        E         6         NA         NA
Numbat..............................  Myrmecobius fasciatus..  ......do...............  ......do...............        E      4, 6         NA         NA
Ocelot..............................  Leopardus (=Felis)       U.S.A. (AZ, TX) to       ......do...............        E    5, 119         NA         NA
                                       pardalis.                Central and South
                                                                America.
Orangutan...........................  Pongo pygmaeus.........  Borneo, Sumatra........  ......do...............        E         3         NA         NA
Oryx, Arabian.......................  Oryx leucoryx..........  Arabian Peninsula......  ......do...............        E         3         NA         NA
Otter, Cameroon clawless............  Aonyx congicus           Cameroon, Nigeria......  ......do...............        E         3         NA         NA
                                       (=congica) microdon.
Otter, giant........................  Pteronura brasiliensis.  South America..........  ......do...............        E         3         NA         NA
Otter, long-tailed..................  Lontra (=Lutra)          ......do...............  ......do...............        E     3, 15         NA         NA
                                       longicaudis (incl.
                                       platensis).
Otter, marine.......................  Lontra (=Lutra) felina.  Peru south to Straits    ......do...............        E        15         NA         NA
                                                                of Magellan.
Otter, southern river...............  Lontra (=Lutra)          Chile, Argentina.......  ......do...............        E        15         NA         NA
                                       provocax.
Otter, southern sea.................  Enhydra lutris nereis..  West Coast, U.S.A. (CA,  Entire, except where           T   21, 284         NA         NA
                                                                OR, WA) south to         listed below.
                                                                Mexico (Baja
                                                                California).
    Do..............................  ......do...............  ......do...............  All areas subject to          XN   21, 284         NA   17.84(d)
                                                                                         U.S. jurisdiction
                                                                                         south of Pt.
                                                                                         Conception, CA (34
                                                                                         deg.26.9' N. Lat.)
                                                                                         [Note--status governed
                                                                                         by Pub. L. 99-625, 100
                                                                                         Stat. 3500.].
Panda, giant........................  Ailuropoda melanoleuca.  China..................  Entire.................        E       139         NA         NA
Pangolin (=scaly anteater),           Manis temmincki........  Africa.................  ......do...............        E        15         NA         NA
 Temnick's ground.
Panther, Florida....................  Puma (=Felis) concolor   U.S.A. (LA and AR east   ......do...............        E         1         NA         NA
                                       coryi.                   to SC and FL).
Planigale, little...................  Planigale ingrami        Australia..............  ......do...............        E         4         NA         NA
                                       subtilissima.
Planigale, southern.................  Planigale tenuirostris.  ......do...............  ......do...............        E         4         NA         NA
Porcupine, thin-spined..............  Chaetomys subspinosus..  Brazil.................  ......do...............        E         3         NA         NA
Possum, Leadbeater's................  Gymnobelideus            ......do...............  ......do...............        E       233         NA         NA
                                       leadbeateri.
Possum, mountain pygmy..............  Burramys parvus........  Australia..............  ......do...............        E         4         NA         NA
Possum, scaly-tailed................  Wyulda squamicaudata...  ......do...............  ......do...............        E         4         NA         NA
Prairie dog, Mexican................  Cynomys mexicanus......  Mexico.................  ......do...............        E         3         NA         NA
Prairie dog, Utah...................  Cynomys parvidens......  U.S.A. (UT)............  ......do...............        T    6, 149         NA   17.40(g)

[[Page 112]]

 
Pronghorn, peninsular...............  Antilocapra americana    Mexico (Baja             ......do...............        E        10         NA
                                       peninsularis.            California).
Pronghorn, Sonoran..................  Antilocapra americana    U.S.A. (AZ), Mexico....  ......do...............        E      1, 3         NA         NA
                                       sonoriensis.
Pudu................................  Pudu pudu..............  Southern South America.  ......do...............        E        15         NA         NA
Puma (=mountain lion)...............  Puma (=Felis) concolor   Canada to South America  U.S.A. (FL)............    T(SA)       432         NA   17.40(h)
                                       (all subsp.
                                       exceptcoryi).
Puma, Costa Rican...................  Puma (=Felis) concolor   Nicaragua, Panama,       Entire.................        E        15         NA         NA
                                       costaricensis.           Costa Rica.
Puma, eastern (=eastern cougar).....  Puma (=Felis) concolor   Eastern North America..  ......do...............        E         6         NA         NA
                                       couguar.
Quokka..............................  Setonix brachyurus.....  Australia..............  ......do...............        E         6         NA         NA
Rabbit, Lower Keys..................  Sylvilagus palustris     U.S.A. (FL)............  ......do...............        E       390         NA         NA
                                       hefneri.
Rabbit, Ryukyu......................  Pentalagus furnessi....  Japan (Ryukyu Islands).  ......do...............        E        50         NA         NA
Rabbit, volcano.....................  Romerolagus diazi......  Mexico.................  ......do...............        E         3         NA         NA
Rat, false water....................  Xeromys myoides........  Australia..............  ......do...............        E         4         NA         NA
Rat, stick-nest.....................  Leporillus conditor....  ......do...............  ......do...............        E         6         NA         NA
Rat-kangaroo, brush-tailed..........  Bettongia penicillata..  ......do...............  ......do...............        E         4         NA         NA
Rat-kangaroo, Gaimard's.............  Bettongia gaimardi.....  ......do...............  ......do...............        E         6         NA         NA
Rat-kangaroo, Lesuer's..............  Bettongia lesueur......  ......do...............  ......do...............        E         4         NA         NA
Rat-kangaroo, desert (=plain).......  Caloprymnus campestris.  ......do...............  ......do...............        E         4         NA         NA
Rat-kangaroo, Queensland............  Bettongia tropica......  ......do...............  ......do...............        E         4         NA         NA
Rhinoceros, black...................  Diceros bicornis.......  Sub-Saharan Africa.....  ......do...............        E        97         NA         NA
Rhinoceros, great Indian............  Rhinoceros unicornis...  India, Nepal...........  ......do...............        E         4         NA         NA
Rhinoceros, Javan...................  Rhinoceros sondaicus...  Indonesia, Indochina,    ......do...............        E         3         NA         NA
                                                                Burma, Thailand,
                                                                Sikkim, Bangladesh,
                                                                Malaysia.
Rhinoceros, northern white..........  Ceratotherium simum      Zaire, Sudan, Uganda,    ......do...............        E         3         NA         NA
                                       cottoni.                 Central African
                                                                Republic.
Rhinoceros, Sumatran................  Dicerorhinus             Bangladesh to Vietnam    ......do...............        E         3         NA         NA
                                       (=Didermoceros)          to Indonesia (Borneo).
                                       sumatrensis.
Rice rat (=silver rice rat).........  Oryzomys palustris       U.S.A. (FL)............  Lower FL Keys (west of         E       421   17.95(a)         NA
                                       natator (=O.                                      Seven Mile Bridge).
                                       argentatus).
Saiga, Mongolian (antelope).........  Saiga tatarica           Mongolia...............  Entire.................        E        15         NA         NA
                                       mongolica.
Saki, southern bearded..............  Chiropotes satanas       Brazil.................  ......do...............        E       233         NA         NA
                                       satanas.
Saki, white-nosed...................  Chiropotes albinasus...  ......do...............  ......do...............        E         3         NA         NA
Sea-lion, Steller (=northern).......  Eumetopias jubatus.....  U.S.A. (AK, CA, OR,      Entire, except the             T     384E,     226.12     227.12
                                                                WA), Canada, Russia;     population segment               408, 614
                                                                North Pacific Ocean.     west of 144 deg. W.
                                                                                         Long.
    Do..............................  ......do...............  ......do...............  Population segment west        E     384E,     226.12         NA
                                                                                         of 144 deg. W. Long.             408, 614
Seal, Caribbean monk................  Monachus tropicalis....  Caribbean Sea, Gulf of   Entire.................        E    1, 2D,         NA         NA
                                                                Mexico.                                                         45
Seal, Guadalupe fur.................  Arctocephalus townsendi  U.S.A. (Farallon         ......do...............        T    1, 2D,         NA     227.11
                                                                Islands of CA) south                                           212
                                                                to Mexico (Islas
                                                                Revillagigedo).
Seal, Hawaiian monk.................  Monachus schauinslandi.  U.S.A. (HI)............  ......do...............        E        18     226.11         NA

[[Page 113]]

 
Seal, Mediterranean monk............  Monachus monachus......  Mediterranean,           ......do...............        E         3         NA         NA
                                                                Northwest African
                                                                Coast and Black Sea.
Seal, Saimaa........................  Phoca hispida saimensis  Finland (Lake Saimaa)..  ......do...............        E       508         NA         NA
Seledang (=Gaur)....................  Bos gaurus.............  Bangladesh, Southeast    ......do...............        E         3         NA         NA
                                                                Asia, India.
Serow...............................  Naemorhedus              East Asia, Sumatra.....  ......do...............        E        15         NA         NA
                                       (=Capricornis)
                                       sumatraensis.
Serval, Barbary.....................  Leptailurus (=Felis)     Algeria................  ......do...............        E         3         NA         NA
                                       serval constantina.
Shapo...............................  Ovis vignei vignei.....  Kashmir................  ......do...............        E        15         NA         NA
Sheep, bighorn......................  Ovis canadensis........  U.S.A. (Western          U.S.A. (CA) Peninsular         E       634         NA         NA
                                                                conterminous states),    Ranges.
                                                                Canada (southwestern),
                                                                Mexico (northern).
    Do..............................  ......do...............  ......do...............  U.S.A. (CA) Sierra             E       660         NA         NA
                                                                                         Nevada.
Shou................................  Cervus elaphus wallichi  Tibet, Bhutan..........  Entire.................        E         3         NA         NA
Shrew, Dismal Swamp southeastern....  Sorex longirostris       U.S.A. (NC, VA)........  ......do...............        T       246         NA         NA
                                       fisheri.
Siamang.............................  Symphalangus             Malaysia, Indonesia....  ......do...............        E        15         NA         NA
                                       syndactylus.
Sifakas.............................  Propithecus spp........  Malagasy Republic        ......do...............        E         4         NA         NA
                                                                (=Madagascar).
Sloth, Brazilian three-toed.........  Bradypus torquatus.....  Brazil.................  ......do...............        E         3         NA         NA
Solenodon, Cuban....................  Solenodon (Atopogale)    Cuba...................  ......do...............        E         3         NA         NA
                                       cubanus.
Solenodon, Haitian..................  Solenodon paradoxus....  Dominican Republic,      ......do...............        E         3         NA         NA
                                                                Haiti.
Squirrel, Carolina northern flying..  Glaucomys sabrinus       U.S.A. (NC, TN)........  ......do...............        E       189         NA         NA
                                       coloratus.
Squirrel, Delmarva Peninsula fox....  Sciurus niger cinereus.  U.S.A. (Delmarva         Entire, except where           E   1, 161,         NA         NA
                                                                Peninsula to             listed as an                          168
                                                                southeastern PA).        experimental
                                                                                         population.
    Do..............................  ......do...............  ......do...............  U.S.A. (DE--Sussex Co.)       XN       161         NA   17.84(a)
Squirrel, Mount Graham red..........  Tamiasciurus hudsonicus  U.S.A. (AZ)............  Entire.................        E       268   17.95(a)         NA
                                       grahamensis.
Squirrel, Virginia northern flying..  Glaucomys sabrinus       U.S.A. (VA, WV)........  ......do...............        E       189         NA         NA
                                       fuscus.
Stag, Barbary.......................  Cervus elaphus barbarus  Tunisia, Algeria.......  ......do...............        E         3         NA         NA
Stag, Kashmir.......................  Cervus elaphus hanglu..  Kashmir................  ......do...............        E         3         NA         NA
Suni, Zanzibar......................  Neotragus (Nesotragus)   Zanzibar (and nearby     ......do...............        E        50         NA         NA
                                       moschatus moschatus.     islands).
Tahr, Arabian.......................  Hemitragus jayakari....  Oman...................  ......do...............        E        50         NA         NA
Tamaraw.............................  Bubalus mindorensis....  Philippines............  ......do...............        E         4         NA         NA
Tamarin (=marmoset), golden-rumped    Leontopithecus           Brazil.................  ......do...............        E         3         NA         NA
 (=golden-headed).                     (=Leontideus) spp..
Tamarin, pied.......................  Saguinus bicolor.......  ......do...............  ......do...............        E        16         NA         NA
Tamarin, white-footed...............  Saguinus leucopus......  Colombia...............  ......do...............        T        16         NA   17.40(c)
Tapir, Asian........................  Tapirus indicus........  Burma, Laos, Cambodia,   ......do...............        E        15         NA         NA
                                                                Vietnam, Malaysia,
                                                                Indonesia, Thailand.
Tapir, Central American.............  Tapirus bairdii........  Southern Mexico to       ......do...............        E         3         NA         NA
                                                                Colombia and Ecuador.
Tapir, mountain.....................  Tapirus pinchaque......  Colombia, Ecuador and    ......do...............        E         3         NA         NA
                                                                possibly Peru and
                                                                Venezuela.
Tapir, South American (=Brazilian)..  Tapirus terrestris.....  Colombia and Venezuela   ......do...............        E         3         NA         NA
                                                                south to Paraguay and
                                                                Argentina.
Tarsier, Philippine.................  Tarsius syrichta.......  Philippines............  ......do...............        T        16         NA   17.40(c)

[[Page 114]]

 
Tiger...............................  Panthera tigris........  Temperate and tropical   ......do...............        E      3, 5         NA         NA
                                                                Asia.
Tiger, Tasmanian (=Thylacine).......  Thylacinus cynocephalus  Australia..............  ......do...............        E         3         NA         NA
Uakari (all species)................  Cacajao spp............  Peru, Brazil, Ecuador,   ......do...............        E         3         NA         NA
                                                                Colombia, Venezuela.
Urial...............................  Ovis musimon             Cyprus.................  ......do...............        E        15         NA         NA
                                       (=orientalis) ophion.
Vicuna..............................  Vicugna vicugna........  South America (Andes)..  ......do...............        E         3         NA         NA
Vole, Amargosa......................  Microtus californicus    U.S.A. (CA)............  ......do...............        E       166   17.95(a)         NA
                                       scirpensis.
Vole, Florida salt marsh............  Microtus pennsylvanicus  U.S.A. (FL)............  ......do...............        E       415         NA         NA
                                       dukecampbelli.
Vole, Hualapai Mexican..............  Microtus mexicanus       U.S.A. (AZ)............  ......do...............        E       292         NA         NA
                                       hualpaiensis.
Wallaby, banded hare................  Lagostrophus fasciatus.  Australia..............  ......do...............        E         4         NA         NA
Wallaby, brindled nail-tailed.......  Onychogalea fraenata...  ......do...............  ......do...............        E         4         NA         NA
Wallaby, crescent nail-tailed.......  Onychogalea lunata.....  ......do...............  ......do...............        E         4         NA         NA
Wallaby, Parma......................  Macropus parma.........  ......do...............  ......do...............        E         4         NA         NA
Wallaby, western hare...............  Lagorchestes hirsutus..  ......do...............  ......do...............        E         4         NA         NA
Wallaby, yellow-footed rock.........  Petrogale xanthopus....  ......do...............  ......do...............        E         6         NA         NA
Whale, blue.........................  Balaenoptera musculus..  Oceanic................  ......do...............        E         3         NA         NA
Whale, bowhead......................  Balaena mysticetus.....  Oceanic (north           ......do...............        E         3         NA         NA
                                                                latitudes only).
Whale, finback......................  Balaenoptera physalus..  Oceanic................  ......do...............        E         3         NA         NA
Whale, gray.........................  Eschrichtius robustus..  North Pacific Ocean--    Entire, except eastern         E    3, 540         NA         NA
                                                                coastal and Bering       North Pacific Ocean--
                                                                Sea, formerly North      coastal and Bering,
                                                                Atlantic Ocean.          Beaufort, and Chukchi
                                                                                         Seas.
Whale, humpback.....................  Megaptera novaeangliae.  Oceanic................  Entire.................        E         3         NA     222.31
Whale, right........................  Balaena glacialis        ......do...............  ......do...............        E         3     226.13         NA
                                       (incl. australis).
Whale, Sei..........................  Balaenoptera borealis..  ......do...............  ......do...............        E         3         NA         NA
Whale, sperm........................  Physeter catodon         ......do...............  ......do...............        E         3         NA         NA
                                       (=macrocephalus).
Wolf, gray..........................  Canis lupus............  Holarctic..............  U.S.A., conterminous           E     1, 6,   17.95(a)         NA
                                                                                         (lower48) States,                 13, 15,
                                                                                         except MN and where              35, 561,
                                                                                         listed as an                     562, 631
                                                                                         experimental
                                                                                         population; Mexico.
    Do..............................  ......do...............  ......do...............  U.S.A. (MN)............        T        35   17.95(a)   17.40(d)
    Do..............................  ......do...............  ......do...............  U.S.A. (WY and portions       XN  561, 562         NA   17.84(i)
                                                                                         of ID and MT--see
                                                                                         17.84(i)).
    Do..............................  ......do...............  ......do...............  U.S.A. (portions of AZ,       XN       631         NA   17.84(k)
                                                                                         NM and TX--see
                                                                                         17.84(k)).
Wolf, maned.........................  Chrysocyon brachyurus..  Argentina, Bolivia,      Entire.................        E         4         NA         NA
                                                                Brazil, Paraguay,
                                                                Uruguay.
Wolf, red...........................  Canis rufus............  U.S.A. (SE U.S.A., west  Entire, except where           E   1, 248,         NA         NA
                                                                to central TX).          listed as an                     449, 579
                                                                                         experimental
                                                                                         population.
    Do..............................  ......do...............  ......do...............  U.S.A. (portions of NC        XN      248,         NA   17.84(c)
                                                                                         and TN--                         449, 579
                                                                                         see17.84(c)(9)).
Wombat, Queensland hairy-nosed        Lasiorhinus krefftii     Australia..............  Entire.................        E      4, 6         NA         NA
 (incl. Barnard's).                    (formerly L. barnardi
                                       and L. gillespiei).

[[Page 115]]

 
Woodrat, Key Largo..................  Neotoma floridana        U.S.A. (FL)............  ......do...............        E     131E,         NA         NA
                                       smalli.                                                                                 160
Yak, wild...........................  Bos mutus (=grunniens    China (Tibet), India...  ......do...............        E         3         NA         NA
                                       m.).
Zebra, Grevy's......................  Equus grevyi...........  Kenya, Ethiopia,         ......do...............        T        54         NA         NA
                                                                Somalia.
Zebra, Hartmann's mountain..........  Equus zebra hartmannae.  Namibia, Angola........  ......do...............        T   54, 111         NA         NA
Zebra, mountain.....................  Equus zebra zebra......  South Africa...........  ......do...............        E   15, 111         NA         NA
 
                Birds
`Akepa, Hawaii (honeycreeper).......  Loxops coccineus         U.S.A. (HI)............  ......do...............        E         2         NA         NA
                                       coccineus.
`Akepa, Maui (honeycreeper).........  Loxops coccineus         ......do...............  ......do...............        E         2         NA         NA
                                       ochraceus.
`Akialoa, Kauai (honeycreeper)......  Hemignathus procerus...  ......do...............  ......do...............        E         1         NA         NA
`Akiapola`au (honeycreeper).........  Hemignathus munroi       ......do...............  ......do...............        E         1         NA         NA
                                       (=wilsoni).
Albatross, Amsterdam................  Diomedea amsterdamensis  Indian Ocean--Amsterdam  ......do...............        E       571         NA         NA
                                                                Island.
Albatross, short-tailed.............  Phoebastria albatrus...  North Pacific Ocean and  Entire, except U.S.A...        E         3         NA         NA
                                                                Bering Sea--Japan,
                                                                China, Russia, U.S.A.
                                                                (AK, CA, HI, OR, WA).
Alethe, Thyolo......................  Alethe choloensis......  Malawi, Mozambique.....  Entire.................        E       571         NA         NA
Blackbird, yellow-shouldered........  Agelaius xanthomus.....  U.S.A. (PR)............  ......do...............        E        17   17.95(b)         NA
Bobwhite, masked (quail)............  Colinus virginianus      U.S.A. (AZ), Mexico      ......do...............        E      1, 3         NA         NA
                                       ridgwayi.                (Sonora).
Booby, Abbott's.....................  Papasula (=Sula)         Indian Ocean--Christmas  ......do...............        E        15         NA         NA
                                       abbotti.                 Island.
Bristlebird, western................  Dasyornis longirostris   Australia..............  ......do...............        E         3         NA         NA
                                       (=brachypterus l.).
Bristlebird, western rufous.........  Dasyornis broadbenti     ......do...............  ......do...............        E        15         NA         NA
                                       littoralis.
Broadbill, Guam.....................  Myiagra freycineti.....  Western Pacific Ocean--  ......do...............        E       156         NA         NA
                                                                U.S.A. (Guam).
Bulbul, Mauritius olivaceous........  Hypsipetes borbonicus    Indian Ocean--Mauritius  ......do...............        E         3         NA         NA
                                       olivaceus.
Bullfinch, Sao Miguel (finch).......  Pyrrhula pyrrhula        Eastern Atlantic Ocean-- ......do...............        E         3         NA         NA
                                       murina.                  Azores.
Bush-shrike, Ulugura................  Malaconotus alius......  Tanzania...............  ......do...............        T       571         NA         NA
Bushwren, New Zealand...............  Xenicus longipes.......  New Zealand............  ......do...............        E         3         NA         NA
Bustard, great Indian...............  Ardeotis (=Choriotis)    India, Pakistan........  ......do...............        E         3         NA         NA
                                       nigriceps.
Cahow (=Bermuda petrel).............  Pterodroma cahow.......  North Atlantic Ocean--   ......do...............        E         3         NA         NA
                                                                Bermuda.
Caracara, Audubon's crested.........  Polyborus plancus        U.S.A. (AZ, FL, LA, NM,  U.S.A. (FL)............        T       280         NA         NA
                                       audubonii.               TX) south to Panama;
                                                                Cuba.
Condor, Andean......................  Vultur gryphus.........  Colombia to Chile and    Entire.................        E         4         NA         NA
                                                                Argentina.
Condor, California..................  Gymnogyps californianus  U.S.A. (AZ, CA, OR),     U.S.A. only, except            E    1, 597   17.95(b)         NA
                                                                Mexico (Baja             where listed as an
                                                                California).             experimental
                                                                                         population below.
    Do..............................  ......do...............  ......do...............  U.S.A. (specific              XN       597         NA   17.84(j)
                                                                                         portions of Arizona,
                                                                                         Nevada, and Utah).
Coot, Hawaiian (=`alae-ke`oke`o)....  Fulica americana alai..  U.S.A. (HI)............  Entire.................        E         2         NA         NA
Cotinga, banded.....................  Cotinga maculata.......  Brazil.................  ......do...............        E        15         NA         NA
Cotinga, white-winged...............  Xipholena atropurpurea.  ......do...............  ......do...............        E        15         NA         NA
Crane, black-necked.................  Grus nigricollis.......  China (Tibet)..........  ......do...............        E        15         NA         NA
Crane, Cuba sandhill................  Grus canadensis          West Indies--Cuba......  ......do...............        E        15         NA         NA
                                       nesiotes.
Crane, hooded.......................  Grus monacha...........  Japan, Russia..........  ......do...............        E         4         NA         NA
Crane, Japanese.....................  Grus japonensis........  China, Japan, Korea,     ......do...............        E         3         NA         NA
                                                                Russia.
Crane, Mississippi sandhill.........  Grus canadensis pulla..  U.S.A. (MS)............  ......do...............        E         6   17.95(b)         NA
Crane, Siberian white...............  Grus leucogeranus......  C.I.S. (Siberia) to      ......do...............        E         4         NA         NA
                                                                India, including Iran
                                                                and China.
Crane, white-naped..................  Grus vipio.............  Mongolia...............  ......do...............        E        15         NA         NA

[[Page 116]]

 
Crane, whooping.....................  Grus americana.........  Canada, U.S.A. (Rocky    Entire, except where           E     1, 3,   17.95(b)         NA
                                                                Mountains east to        listed as an                          487
                                                                Carolinas), Mexico.      experimental
                                                                                         population.
    Do..............................  ......do...............  ......do...............  U.S.A. (CO, ID, FL, NM,       XN  487, 621         NA  17.84.(h)
                                                                                         UT, WY).
Creeper, Hawaii.....................  Oreomystis (=Loxops)     U.S.A. (HI)............  Entire.................        E        10         NA         NA
                                       mana.
Creeper, Molokai (=kakawahie).......  Paroreomyza              ......do...............  ......do...............        E         2         NA         NA
                                       (=Oreomystis, =Loxops)
                                       flammea.
Creeper, Oahu (=alauwahio)..........  Paroreomyza              ......do...............  ......do...............        E         2         NA         NA
                                       (=Oreomystis, =Loxops)
                                       maculata.
Crow, Hawaiian (=`alala)............  Corvus hawaiiensis       ......do...............  ......do...............        E         1         NA         NA
                                       (=tropicus).
Crow, Mariana.......................  Corvus kubaryi.........  Western Pacific Ocean--  ......do...............        E       156         NA         NA
                                                                U.S.A. (Guam, Rota).
Crow, white-necked..................  Corvus leucognaphalus..  U.S.A. (PR), Dominican   ......do...............        E       419         NA         NA
                                                                Republic, Haiti.
Cuckoo-shrike, Mauritius............  Coquus (=Coracina)       Indian Ocean--Mauritius  ......do...............        E         3         NA         NA
                                       typicus.
Cuckoo-shrike, Reunion..............  Coquus (=Coracina)       Indian Ocean--Reunion..  ......do...............        E         3         NA         NA
                                       newtoni.
Curassow, razor-billed..............  Mitu (=Crax) mitu mitu.  Brazil (Eastern).......  ......do...............        E        15         NA         NA
Curassow, red-billed................  Crax blumenbachii......  Brazil.................  ......do...............        E         4         NA         NA
Curassow, Trinidad white-headed.....  Pipile pipile pipile...  West Indies--Trinidad..  ......do...............        E         3         NA         NA
Curlew, Eskimo......................  Numenius borealis......  Alaska and northern      ......do...............        E      1, 3         NA         NA
                                                                Canada to Argentina.
Dove, cloven-feathered..............  Drepanoptila             Southwest Pacific        ......do...............        E         3         NA         NA
                                       holosericea.             Ocean--New Caledonia.
Dove, Grenada gray-fronted..........  Leptotila rufaxilla      West Indies--Grenada...  ......do...............        E         3         NA         NA
                                       wellsi.
Duck, Hawaiian (=koloa).............  Anas wyvilliana........  U.S.A. (HI)............  ......do...............        E         1         NA         NA
Duck, Laysan........................  Anas laysanensis.......  ......do...............  ......do...............        E         1         NA         NA
Duck, pink-headed...................  Rhodonessa               India..................  ......do...............        E        15         NA         NA
                                       caryophyllacea.
Duck, white-winged wood.............  Cairina scutulata......  India, Malaysia,         ......do...............        E         3         NA         NA
                                                                Indonesia, Thailand.
Eagle, bald.........................  Haliaeetus               North America south to   U.S.A., conterminous           T    1, 34,         NA   17.41(a)
                                       leucocephalus.           northern Mexico.         (lower 48) States..                   580
Eagle, Greenland white-tailed.......  Haliaeetus albicilla     Greenland and adjacent   Entire.................        E        15         NA         NA
                                       groenlandicus.           Atlantic islands.
Eagle, harpy........................  Harpia harpyja.........  Mexico south to          ......do...............        E        15         NA         NA
                                                                Argentina.
Eagle, Madagascar serpent...........  Eutriorchis astur......  Madagascar.............  ......do...............        E       571         NA         NA
Eagle, Madagascar sea...............  Haliaeetus vociferoides  ......do...............  ......do...............        E       571         NA         NA
Eagle, Philippine (=monkey-eating)..  Pithecophaga jefferyi..  Philippines............  ......do...............        E         3         NA         NA
Eagle, Spanish imperial.............  Aquila heliaca           Spain, Morocco, Algeria  ......do...............        E         3         NA         NA
                                       adalberti.
Egret, Chinese......................  Egretta eulophotes.....  China, Korea...........  ......do...............        E         3         NA         NA
Eider, spectacled...................  Somateria                U.S.A. (AK), Russia....  ......do...............        T       503         NA         NA
                                       (=Arctonetta,=Lamprone
                                       tta) fischeri.
Eider, Steller's....................  Polysticta stelleri....  U.S.A. (AK), Russia,     U.S.A. (AK breeding            T       616         NA         NA
                                                                winters to Scandanavia.  population only).

[[Page 117]]

 
Falcon, Eurasian peregrine..........  Falco peregrinus         Europe, Eurasia south    ......do...............        E        15         NA         NA
                                       peregrinus.              to Africa and Mideast.
Falcon, northern aplomado...........  Falco femoralis          U.S.A. (AZ, NM, TX),     ......do...............        E       216         NA         NA
                                       septentrionalis.         Mexico, Guatemala.
Finch, Laysan (honeycreeper)........  Telespyza                U.S.A. (HI)............  Entire.................        E         1         NA         NA
                                       (=Psittirostra)
                                       cantans.
Finch, Nihoa (honeycreeper).........  Telespyza                ......do...............  ......do...............        E         1         NA         NA
                                       (=Psittirostra) ultima.
Flycatcher, Euler's.................  Empidonax euleri         West Indies--Grenada...  ......do...............        E         3         NA         NA
                                       johnstonei.
Flycatcher, Seychelles paradise.....  Terpsiphone corvina....  Indian Ocean--           ......do...............        E         3         NA         NA
                                                                Seychelles.
Flycatcher, southwestern willow.....  Empidonax traillii       U.S.A. (AZ, CA, CO, NM,  ......do...............        E       577   17.95(b)         NA
                                       extimus.                 TX, UT), Mexico.
Flycatcher, Tahiti..................  Pomarea nigra..........  South Pacific Ocean--    ......do...............        E         3         NA         NA
                                                                Tahiti.
Fody, Mauritius.....................  Foudia rubra...........  Indian Ocean--Mauritius  ......do...............        E       571         NA         NA
Fody, Rodrigues.....................  Foudia flavicans.......  Indian Ocean--Rodrigues  ......do...............        E       571         NA         NA
                                                                Island (Mauritius).
Fody, Seychelles (weaver-finch).....  Foudia sechellarum.....  Indian Ocean--           ......do...............        E         3         NA         NA
                                                                Seychelles.
Francolin, Djibouti.................  Francolinus ochropectus  Djibouti...............  ......do...............        E       571         NA         NA
Frigatebird, Andrew's...............  Fregata andrewsi.......  East Indian Ocean......  ......do...............        E        15         NA         NA
Gnatcatcher, coastal California.....  Polioptila californica   U.S.A. (CA), Mexico....  ......do...............        T       496         NA   17.41(b)
                                       californica.
Goose, Aleutian Canada..............  Branta canadensis        U.S.A. (AK, CA, OR,      ......do...............        T     1, 3,         NA         NA
                                       leucopareia.             WA), Japan.                                                    410
Goose, Hawaiian (=nene).............  Branta (=Nesochen)       U.S.A. (HI)............  ......do...............        E         1         NA         NA
                                       sandvicensis.
Goshawk, Christmas Island...........  Accipiter fasciatus      Indian Ocean--Christmas  ......do...............        E         3         NA         NA
                                       natalis.                 Island.
Grackle, slender-billed.............  Quisicalus (=Cassidix)   Mexico.................  ......do...............        E         3         NA         NA
                                       palustris.
Grasswren, Eyrean (flycatcher)......  Amytornis goyderi......  Australia..............  ......do...............        E         3         NA         NA
Grebe, Alaotra......................  Tachybaptus              Madagascar.............  ......do...............        E       571         NA         NA
                                       rufoflavatus.
Grebe, Atitlan......................  Podilymbus gigas.......  Guatemala..............  ......do...............        E         3         NA         NA
Greenshank, Nordmann's..............  Tringa guttifer........  Russia, Japan, south to  ......do...............        E        15         NA         NA
                                                                Malaya, Borneo.
Guan, horned........................  Oreophasis derbianus...  Guatemala, Mexico......  ......do...............        E         3         NA         NA
Guan, white-winged..................  Penelope albipennis....  Peru...................  ......do...............        E       401         NA         NA
Guineafowl, white-breasted..........  Agelastes meleagrides..  West Africa............  ......do...............        T       571         NA         NA
Gull, Audouin's.....................  Larus audouinii........  Mediterranean Sea......  ......do...............        E         3         NA         NA
Gull, relict........................  Larus relictus.........  India, China...........  ......do...............        E        15         NA         NA
Hawk, Galapagos.....................  Buteo galapagoensis....  Ecuador (Galapagos       ......do...............        E         3         NA         NA
                                                                Islands).
Hawk, Hawaiian (=io)................  Buteo solitarius.......  U.S.A. (HI)............  ......do...............        E         1         NA         NA
Hawk, Puerto Rican broad-winged.....  Buteo platypterus        U.S.A. (PR)............  ......do...............        E       550         NA         NA
                                       brunnescens.
Hawk, Puerto Rican sharp-shinned....  Accipiter striatus       ......do...............  ......do...............        E       550         NA         NA
                                       venator.
Hermit (hummingbird), hook-billed...  Ramphodon (=Glaucis)     Brazil.................  ......do...............        E        15         NA         NA
                                       dohrnii.
Honeycreeper, crested (=`akohekohe).  Palmeria dolei.........  U.S.A. (HI)............  ......do...............        E         1         NA         NA
Honeyeater, helmeted................  Lichenostomus melanops   Australia..............  ......do...............        E         4         NA         NA
                                       cassidix (=Meliphaga
                                       c.).
Hornbill, helmeted..................  Buceros (=Rhinoplax)     Thailand, Malaysia.....  ......do...............        E        15         NA         NA
                                       vigil.
Ibis, Japanese crested..............  Nipponia nippon........  China, Japan, Russia,    ......do...............        E         3         NA         NA
                                                                Korea.
Ibis, northern bald.................  Geronticus eremita.....  Southern Europe,         ......do...............        E       401         NA         NA
                                                                southwestern Asia,
                                                                northern Africa.
Scrub-jay, Florida..................  Aphelocoma coerulescens  U.S.A. (FL)............  ......do...............        T       267         NA         NA
Kagu................................  Rhynochetos jubatus....  South Pacific Ocean--    ......do...............        E         3         NA         NA
                                                                New Caledonia.
Kakapo (=owl-parrot)................  Strigops habroptilus...  New Zealand............  ......do...............        E         3         NA         NA

[[Page 118]]

 
Kestrel, Mauritius..................  Falco punctatus........  Indian Ocean--Mauritius  ......do...............        E         3         NA         NA
Kestrel, Seychelles.................  Falco araea............  Indian Ocean--           ......do...............        E         3         NA         NA
                                                                Seychelles Islands.
Kingfisher, Guam Micronesian........  Halcyon cinnamomina      West Pacific Ocean--     ......do...............        E       156         NA         NA
                                       cinnamomina.             U.S.A. (Guam).
Kite, Cuba hook-billed..............  Chondrohierax uncinatus  West Indies--Cuba......  ......do...............        E         3         NA         NA
                                       wilsonii.
Kite, Everglade snail...............  Rostrhamus sociabilis    U.S.A. (FL), Cuba......  U.S.A. (FL)............        E         1   17.95(b)         NA
                                       plumbeus.
Kite, Grenada hook-billed...........  Chondrohierax uncinatus  West Indies--Grenada...  Entire.................        E         3         NA         NA
                                       mirus.
Kokako (wattlebird).................  Callaeas cinerea.......  New Zealand............  ......do...............        E         3         NA         NA
Lark, Raso..........................  Alauda razae...........  Atlantic Ocean--Raso     ......do...............        E       571         NA         NA
                                                                Island (Cape Verde).
Macaw, glaucous.....................  Anodorhynchus glaucus..  Paraguay, Uruguay,       ......do...............        E        15         NA         NA
                                                                Brazil.
Macaw, indigo.......................  Anodorhynchus leari....  Brazil.................  ......do...............        E        15         NA         NA
Macaw, little blue..................  Cyanopsitta spixii.....  ......do...............  ......do...............        E        15         NA         NA
Magpie-robin, Seychelles (thrush)...  Copsychus sechellarum..  Indian Ocean--           ......do...............        E         3         NA         NA
                                                                Seychelles Islands.
Malimbe, Ibadan.....................  Malimbus ibadanensis...  Nigeria................  ......do...............        E       571         NA         NA
Malkoha, red-faced (cuckoo).........  Phaenicophaeus           Sri Lanka (=Ceylon)....  ......do...............        E         3         NA         NA
                                       pyrrhocephalus.
Mallard, Mariana....................  Anas oustaleti.........  West Pacific Ocean--     ......do...............        E        23         NA         NA
                                                                U.S.A. (Guam, Mariana
                                                                Islands).
Megapode, Maleo.....................  Macrocephalon maleo....  Indonesia (Celebes)....  ......do...............        E         3         NA         NA
Megapode, Micronesian (=La            Megapodius laperouse...  West Pacific Ocean--     ......do...............        E         3         NA         NA
 Perouse's).                                                    Palau Islands, U.S.A.
                                                                (Mariana Islands).
Millerbird, Nihoa (old world          Acrocephalus familiaris  U.S.A. (HI)............  ......do...............        E         1         NA         NA
 warbler).                             kingi.
Monarch, Tinian (old world            Monarcha takatsukasae..  West Pacific Ocean--     ......do...............        T    3, 261         NA         NA
 flycatcher).                                                   U.S.A. (Mariana
                                                                Islands).
Moorhen (=gallinule), Hawaiian        Gallinula chloropus      U.S.A. (HI)............  ......do...............        E         1         NA         NA
 common.                               sandvicensis.
Moorhen (=gallinule), Mariana common  Gallinula chloropus      West Pacific Ocean--     ......do...............        E       156         NA         NA
                                       guami.                   U.S.A. (Guam, Tinian,
                                                                Saipan, Pagan).
Murrelet, marbled...................  Brachyramphus            U.S.A. (AK, CA, OR,      U.S.A. (CA, OR, WA)....        T       479   17.95(b)         NA
                                       marmoratus marmoratus.   WA), Canada (B.C.).
Nightjar (=whip-poor-will), Puerto    Caprimulgus noctitherus  U.S.A. (PR)............  Entire.................        E         6         NA         NA
 Rican.
Nukupu`u (honeycreeper).............  Hemignathus lucidus....  U.S.A. (HI)............  ......do...............        E      1, 2         NA         NA
Nuthatch, Algerian..................  Sitta ledanti..........  Algeria................  ......doNTE.      571        NA         NA
`O`o, Kauai (=`o`o `a`a)              Moho braccatus.........  U.S.A. (HI)............  ......do...............        E         1         NA         NA
 (honeyeater).
`O`u (honeycreeper).................  Psittirostra psittacea.  ......do...............  ......do...............        E         1         NA         NA
Ostrich, Arabian....................  Struthio camelus         Jordan, Saudi Arabia...  ......do...............        E         3         NA         NA
                                       syriacus.
Ostrich, West African...............  Struthio camelus spatzi  Spanish Sahara.........  ......do...............        E         3         NA         NA
Owl, Anjouan scops..................  Otus rutilus capnodes..  Indian Ocean--Comoro     ......do...............        E         3         NA         NA
                                                                Island.
Owl, giant scops....................  Mimizuku (=Otus)         Philippines--Marinduque  ......do...............        E        15         NA         NA
                                       gurneyi.                 and Mindanao Island.
Owl, Madagascar red.................  Tyto soumagnei.........  Madagascar.............  ......do...............        E       401         NA         NA

[[Page 119]]

 
Owl, Mexican spotted................  Strix occidentalis       U.S.A. (AZ, CO, NM, TX,  ......do...............        T       494         NA         NA
                                       lucida.                  UT), Mexico.
Owl, northern spotted...............  Strix occidentalis       U.S.A. (CA, OR, WA),     ......do...............        T       393   17.95(b)         NA
                                       caurina.                 Canada (B.C.).
Owl, Seychelles scops...............  Otus magicus             Indian Ocean--           ......do...............        E         3         NA         NA
                                       (=insularis) insularis.  Seychelles Islands.
Owlet, Morden's (=sokoke)...........  Otus ireneae...........  Kenya..................  ......do...............        E         3         NA         NA
Oystercatcher, Canarian black.......  Haematopus meadewaldoi.  Atlantic Ocean--Canary   ......do...............        E       571         NA         NA
                                                                Islands.
Palila (honeycreeper)...............  Loxioides                U.S.A. (HI)............  ......do...............        E         1   17.95(b)         NA
                                       (=Psittirostra)
                                       bailleui.
Parakeet, blue-throated (=ochre-      Pyrrhura cruentata.....  Brazil.................  ......do...............        E         3         NA         NA
 marked).
Parakeet, Forbes'...................  Cyanoramphus auriceps    New Zealand............  ......do...............        E         3         NA         NA
                                       forbesi.
Parakeet, golden....................  Aratinga guarouba......  Brazil.................  ......do...............        E        15         NA         NA
Parakeet, golden-shouldered           Psephotus                Australia..............  ......do...............        E         3         NA         NA
 (=hooded).                            chrysopterygius.
Parakeet, Mauritius.................  Psittacula echo........  Indian Ocean--Mauritius  ......do...............        E         3         NA         NA
Parakeet, Norfolk Island............  Cyanoramphus cookii      Australia (Norfolk       ......do...............        E       401         NA         NA
                                       (=novaezelandiae c.).    Island).
Parakeet, orange-bellied............  Neophema chrysogaster..  Australia..............  ......do...............        E         4         NA         NA
Parakeet, paradise (=beautiful).....  Psephotus pulcherrimus.  ......do...............  ......do...............        E         4         NA         NA
Parakeet, scarlet-chested             Neophema splendida.....  ......do...............  ......do...............        E         4         NA         NA
 (=splendid).
Parakeet, turquoise.................  Neophema pulchella.....  ......do...............  ......do...............        E         3         NA         NA
Parrot, Bahaman or Cuban............  Amazona leucocephala...  West Indies--Cuba,       ......do...............        E     3, 15         NA         NA
                                                                Bahamas, Caymans.
Parrot, ground......................  Pezoporus wallicus.....  Australia..............  ......do...............        E         6         NA         NA
Parrot, imperial....................  Amazona imperialis.....  West Indies--Dominica..  ......do...............        E         3         NA         NA
Parrot, night (=Australian).........  Geopsittacus             Australia..............  ......do...............        E         3         NA         NA
                                       occidentalis.
Parrot, Puerto Rican................  Amazona vittata........  U.S.A. (PR)............  ......do...............        E         1         NA         NA
Parrot, red-browed..................  Amazona rhodocorytha...  Brazil.................  ......do...............        E         3         NA         NA
Parrot, red-capped..................  Pionopsitta pileata....  ......do...............  ......do...............        E        15         NA         NA
Parrot, red-necked..................  Amazona arausiaca......  West Indies--Dominica..  ......do...............        E        50         NA         NA
Parrot, red-spectacled..............  Amazona pretrei pretrei  Brazil, Argentina......  ......do...............        E        15         NA         NA
Parrot, red-tailed..................  Amazona brasiliensis...  Brazil.................  ......do...............        E       401         NA         NA
Parrot, Seychelles lesser vasa......  Coracopsis nigra         Indian Ocean--           ......do...............        E       571         NA         NA
                                       barklyi.                 Seychelles (Praslin
                                                                Island).
Parrot, St. Lucia...................  Amazona versicolor.....  West Indies--St. Lucia.  ......do...............        E         3         NA         NA
Parrot, St. Vincent.................  Amazona guildingii.....  West Indies--St.         ......do...............        E         3         NA         NA
                                                                Vincent.
Parrot, thick-billed................  Rhynchopsitta            Mexico, U.S.A. (AZ, NM)  Mexico.................        E         3         NA         NA
                                       pachyrhyncha.
Parrot, vinaceous-breasted..........  Amazona vinacea........  Brazil.................  Entire.................        E        15         NA         NA
Parrotbill, Maui (honeycreeper).....  Pseudonestor             U.S.A. (HI)............  ......do...............        E         1         NA         NA
                                       xanthophrys.
Pelican, brown......................  Pelecanus occidentalis.  U.S.A (Carolinas to      Entire, except U.S.            E     2, 3,         NA         NA
                                                                TX,CjA, OR, WA), West    Atlantic coast, FL, AL.               171
                                                                Indies, coastal
                                                                Central and South
                                                                America.
Penguin, Galapagos..................  Spheniscus mendiculus..  Ecuador (Galapagos       Entire.................        E         3         NA         NA
                                                                Islands).
Petrel, Hawaiian dark-rumped........  Pterodroma phaeopygia    U.S.A. (HI)............  ......do...............        E         1         NA         NA
                                       sandwichensis.
Petrel, Madeira (=freira)...........  Pterodroma madeira.....  Atlantic Ocean--Madeira  ......do...............        E       571         NA         NA
                                                                Island.
Petrel, Mascarene black.............  Pterodroma aterrima....  Indian Ocean--Mauritius  ......do...............        E       571         NA         NA
                                                                (Reunion Island).

[[Page 120]]

 
Pheasant, bar-tailed................  Syrmaticus humaie......  Burma, China...........  ......do...............        E         3         NA         NA
Pheasant, Blyth's tragopan..........  Tragopan blythii.......  Burma, China, India....  ......do...............        E         3         NA         NA
Pheasant, brown eared...............  Crossoptilon             China..................  ......do...............        E         3         NA         NA
                                       mantchuricum.
Pheasant, Cabot's tragopan..........  Tragopan caboti........  ......do...............  ......do...............        E         3         NA         NA
Pheasant, cheer.....................  Catreus wallichii......  India, Nepal, Pakistan.  ......do...............        E       401         NA         NA
Pheasant, Chinese monal.............  Lophophorus lhuysii....  China..................  ......do...............        E         3         NA         NA
Pheasant, Edward's..................  Lophura edwardsi.......  Vietnam................  ......do...............        E         3         NA         NA
Pheasant, Elliot's..................  Syrmaticus ellioti.....  China..................  ......do...............        E        15         NA         NA
Pheasant, imperial..................  Lophura imperialis.....  Vietnam................  ......do...............        E         3         NA         NA
Pheasant, Mikado....................  Syrmaticus mikado......  Taiwan.................  ......do...............        E         3         NA         NA
Pheasant, Palawan peacock...........  Polyplectron emphanum..  Philippines............  ......do...............        E         3         NA         NA
Pheasant, Sclater's monal...........  Lophophorus sclateri...  Burma, China, India....  ......do...............        E         3         NA         NA
Pheasant, Swinhoe's.................  Lophura swinhoii.......  Taiwan.................  ......do...............        E         3         NA         NA
Pheasant, western tragopan..........  Tragopan melanocephalus  India, Pakistan........  ......do...............        E         3         NA         NA
Pheasant, white eared...............  Crossoptilon             China (Tibet), India...  ......do...............        E         4         NA         NA
                                       crossoptilon.
Pigeon, Azores wood.................  Columba palumbus         East Atlantic Ocean--    ......do...............        E         3         NA         NA
                                       azorica.                 Azores.
Pigeon, Chatham Island..............  Hemiphaga                New Zealand............  ......do...............        E         3         NA         NA
                                       novaeseelandiae
                                       chathamensis.
Pigeon, Mindoro imperial (=zone-      Ducula mindorensis.....  Philippines............  ......do...............        E        15         NA         NA
 tailed).
Pigeon, pink........................  Columba (=Nesoenas)      Indian Ocean--Mauritius  ......do...............        E       571         NA         NA
                                       mayeri.
Pigeon, Puerto Rican plain..........  Columba inornata         U.S.A. (PR)............  ......do...............        E         2         NA         NA
                                       wetmorei.
Pigeon, white-tailed laurel.........  Columba junoniae.......  Atlantic Ocean--Canary   ......do...............        T       571         NA         NA
                                                                Islands.
Piping-guan, black-fronted..........  Pipile jacutinga.......  Argentina..............  ......do...............        E        15         NA         NA
Pitta, Koch's.......................  Pitta kochi............  Philippines............  ......do...............        E        15         NA         NA
Plover, New Zealand shore...........  Thinornis                New Zealand............  ......do...............        E         3         NA         NA
                                       novaeseelandiae.
Plover, piping......................  Charadrius melodus.....  U.S.A. (Great Lakes,     Great Lakes watershed          E       211         NA         NA
                                                                northern Great Plains,   in States of IL, IN,
                                                                Atlantic and Gulf        MI, MN, NY, OH, PA,
                                                                coasts, PR, VI),         and WI and Canada
                                                                Canada, Mexico,          (Ont.).
                                                                Bahamas, West Indies.
    Do..............................  ......do...............  ......do...............  Entire, except those           T       211         NA         NA
                                                                                         areas where listed as
                                                                                         endangered above.
Plover, western snowy...............  Charadrius alexandrinus  U.S.A. (AZ, CA, CO, KS,  U.S.A. (CA, OR, WA),           T       493         NA         NA
                                       nivosus.                 NM, NV, OK, OR, TX,      Mexico (within 50
                                                                UT, WA), Mexico.         miles of Pacific
                                                                                         coast).
Po`ouli (honeycreeper)..............  Melamprosops phaeosoma.  U.S.A. (HI)............  Entire.................        E        10         NA         NA
Pochard, Madagascar.................  Aythya innotata........  Madagascar.............  ......do...............        E       571         NA         NA
Prairie-chicken, Attwater's greater.  Tympanuchus cupido       U.S.A. (TX)............  ......do...............        E         1         NA         NA
                                       attwateri.
Pygmy-owl, cactus ferruginous.......  Glaucidium brasilianum   U.S.A. (AZ, TX), Mexico  AZ.....................        E       600  Sec.  17.         NA
                                       cactorum.                                                                                        95(b)
Quail, Merriam's Montezuma..........  Cyrtonyx montezumae      Mexico (Vera Cruz).....  Entire.................        E        15         NA         NA
                                       merriami.
Quetzel, resplendent................  Pharomachrus mocinno...  Mexico to Panama.......  ......do...............        E        15         NA         NA
Rail, Aukland Island................  Rallus pectoralis        New Zealand............  ......do...............        E         3         NA         NA
                                       muelleri.
Rail, California clapper............  Rallus longirostris      U.S.A. (CA)............  ......do...............        E         2         NA         NA
                                       obsoletus.
Rail, Guam..........................  Rallus owstoni.........  Western Pacific Ocean--  Entire, except Rota....        E     146E,         NA         NA
                                                                U.S.A. (Guam).                                                 156
    Do..............................  ......do...............  ......do...............  Rota...................       XN       371         NA   17.84(f)

[[Page 121]]

 
Rail, light-footed clapper..........  Rallus longirostris      U.S.A. (CA), Mexico      U.S.A. only............        E         2         NA         NA
                                       levipes.                 (Baja California).
Rail, Lord Howe wood................  Gallirallus              Australia (Lord Howe     Entire.................        E        15         NA         NA
                                       (=Tricholimnas)          Island).
                                       sylvestris.
Rail, Yuma clapper..................  Rallus longirostris      Mexico, U.S.A. (AZ, CA)  U.S.A. only............        E         1         NA         NA
                                       yumanensis.
Rhea, lesser (incl. Darwin's).......  Rhea (=Pterocnemia)      Argentina, Bolivia,      Entire.................        E         3         NA         NA
                                       pennata.                 Peru, Uruguay.
Robin, Chatham Island...............  Petroica traversi......  New Zealand............  ......do...............        E         3         NA         NA
Robin, dappled mountain.............  Arcanator (=Modulatrix)  Mozambique, Tanzania...  ......do...............        T       571         NA         NA
                                       orostruthus.
Robin, scarlet-breasted (flycatcher)  Petroica multicolor      Australia (Norfolk       ......do...............        E         3         NA         NA
                                       multicolor.              Island).
Rockfowl, grey-necked...............  Picathartes oreas......  Cameroon, Gabon........  ......do...............        E         3         NA         NA
Rockfowl, white-necked..............  Picathartes              Africa--Togo to Sierra   ......do...............        E         3         NA         NA
                                       gymnocephalus.           Leone.
Roller, long-tailed ground..........  Uratelornis chimaera...  Malagasy Republic        ......do...............        E         3         NA         NA
                                                                (=Madagascar).
Scrub-bird, noisy...................  Atrichornis clamosus...  Australia..............  ......do...............        E         3         NA         NA
Shama, Cebu black (thrush)..........  Copsychus niger          Philippines............  ......do...............        E         3         NA         NA
                                       cebuensis.
Shearwater, Newell's Townsend's       Puffinus auricularis     U.S.A. (HI)............  ......do...............        T        10         NA         NA
 (formerly Manx) (=`a`o).              (=puffinus) newelli.
Shrike, San Clemente loggerhead.....  Lanius ludovicianus      U.S.A. (CA)............  ......do...............        E        26         NA         NA
                                       mearnsi.
Siskin, red.........................  Carduelis (=Spinus)      South America..........  ......do...............        E        15         NA         NA
                                       cucullata.
Sparrow, Cape Sable seaside.........  Ammodramus (=Ammospiza)  U.S.A. (FL)............  ......do...............        E         1   17.95(b)         NA
                                       maritimus mirabilis.
Sparrow, Florida grasshopper........  Ammodramus savannarum    ......do...............  ......do...............        E       239         NA         NA
                                       floridanus.
Sparrow, San Clemente sage..........  Amphispiza belli         U.S.A. (CA)............  ......do...............        T        26         NA         NA
                                       clementeae.
Sparrowhawk, Anjouan Island.........  Accipiter francesii      Indian Ocean--Comoro     ......do...............        E         3         NA         NA
                                       pusillus.                Islands.
Starling, Ponape mountain...........  Aplonis pelzelni.......  West Pacific Ocean--     ......do...............        E         3         NA         NA
                                                                Federated States of
                                                                Micronesia.
Starling, Rothschild's (myna).......  Leucopsar rothschildi..  Indonesia (Bali).......  ......do...............        E         3         NA         NA
Stilt, Hawaiian (=ae`o).............  Himantopus mexicanus     U.S.A. (HI)............  ......do...............        E         2         NA         NA
                                       (=himantopus) knudseni.
Stork, oriental white...............  Ciconia boyciana         China, Japan, Korea,     ......do...............        E         3         NA         NA
                                       (=ciconia b.).           Russia.
Stork, wood.........................  Mycteria americana.....  U.S.A., (CA, AZ, TX, to  U.S.A. (AL, FL, GA, SC)        E       142         NA         NA
                                                                Carolinas), Mexico, C.
                                                                and S. America.
Sunbird, Marungu....................  Nectarinia prigoginei..  Zaire..................  Entire.................        E       571         NA         NA
Swiftlet, Mariana gray (=vanikoro)..  Aerodramus vanikorensis  Western Pacific Ocean--  ......do...............        E       156         NA         NA
                                       bartschi.                U.S.A. (Guam, Rota,
                                                                Tinian, Saipan,
                                                                Agiguan).
Teal, Campbell Island flightless....  Anas aucklandica         New Zealand (Campbell    ......do...............        E        15         NA         NA
                                       nesiotis.                Island).
Tern, California least..............  Sterna antillarum        Mexico, U.S.A. (CA)....  ......do...............        E      2, 3         NA         NA
                                       (=albifrons) browni.
Tern, least.........................  Sterna antillarum......  U.S.A. (Atlantic and     U.S.A. (AR, CO, IA, IL,        E       182         NA         NA
                                                                Gulf coasts, Miss. R.    IN, KS, KY, LA--Miss.
                                                                Basin, CA), Greater      R. and tribs. N of
                                                                and Lesser Antilles,     Baton Rouge, MS--Miss.
                                                                Bahamas, Mexico;         R., MO, MT, ND, NE,
                                                                winters Central          NM, OK, SD, TN, TX--
                                                                America, northern        except within 50 miles
                                                                South America.           of coast).

[[Page 122]]

 
Tern, roseate.......................  Sterna dougallii         Tropical and temperate   U.S.A. (Atlantic Coast         E       296         NA         NA
                                       dougallii.               coasts of Atlantic       south to NC), Canada
                                                                Basin and East Africa.   (Newf., N.S, Que.),
                                                                                         Bermuda.
    Do..............................  ......do...............  ......do...............  Western Hemisphere and         T       296         NA         NA
                                                                                         adjacent oceans, incl.
                                                                                         U.S.A. (FL, PR, VI),
                                                                                         where not listed as
                                                                                         endangered.
Thrasher, white-breasted............  Ramphocinclus            West Indies--St. Lucia,  Entire.................        E         3         NA         NA
                                       brachyurus.              Martinique.
Thrush, large Kauai.................  Myadestes (=Phaeornis)   U.S.A. (HI)............  ......do...............        E         2         NA         NA
                                       myadestinus.
Thrush, Molokai (=oloma`o)..........  Myadestes (=Phaeornis)   ......do...............  ......do...............        E         2         NA         NA
                                       lanaiensis (=obscurus)
                                       rutha.
Thrush, New Zealand (wattlebird)....  Turnagra capensis......  New Zealand............  ......do...............        E         3         NA         NA
Thrush, small Kauai (=puaiohi)......  Myadestes (=Phaeornis)   U.S.A. (HI)............  ......do...............        E         1         NA         NA
                                       palmeri.
Thrush, Taita.......................  Turdus olivaceous        Kenya..................  ......do...............        E       571         NA         NA
                                       helleri.
Tinamou, solitary...................  Tinamus solitarius.....  Brazil, Paraguay,        ......do...............        E        15         NA         NA
                                                                Argentina.
Towhee, Inyo California (=brown)....  Pipilo crissalis         U.S.A. (CA)............  ......do...............        T       282   17.95(b)         NA
                                       (=fuscus) eremophilus.
Trembler, Martinique (thrasher).....  Cinclocerthia ruficauda  West Indies--Martinique  ......do...............        E         3         NA         NA
                                       gutturalis.
Turaco, Bannerman's.................  Tauraco bannermani.....  Cameroon...............  ......do...............        E       571         NA         NA
Turtle-dove, Seychelles.............  Streptopelia picturata   Indian Ocean--           ......do...............        E       571         NA         NA
                                       rostrata.                Seychelles.
Vanga, Pollen's.....................  Xenopirostris polleni..  Madagascar.............  ......do...............        T       571         NA         NA
Vanga, Van Dam's....................  Xenopirostris damii....  ......do...............  ......do...............        T       571         NA         NA
Vireo, black-capped.................  Vireo atricapillus.....  U.S.A. (KS, LA, NE, OK,  ......do...............        E       294         NA         NA
                                                                TX), Mexico..
Vireo, least Bell's.................  Vireo bellii pusillus..  U.S.A. (CA), Mexico....  ......do...............        E       228   17.95(b)         NA
Wanderer, plain (collared-hemipode).  Pedionomous torquatus..  Australia..............  ......do...............        E         6         NA         NA
Warbler (Old World), Aldabra........  Nesillas aldabranus....  Indian Ocean--           ......do...............        E       571         NA         NA
                                                                Seychelles (Aldabra
                                                                Island).
Warbler (wood), Bachman's...........  Vermivora bachmanii....  U.S.A. (Southeastern),   ......do...............        E      1, 3         NA         NA
                                                                Cuba.
Warbler (wood), Barbados yellow.....  Dendroica petechia       West Indies--Barbados..  ......do...............        E         3         NA         NA
                                       petechia.
Warbler (wood), golden-cheeked......  Dendroica chrysoparia..  U.S.A. (TX), Mexico,     ......do...............        E     387E,         NA         NA
                                                                Guatemala, Honduras,                                           411
                                                                Nicaragua, Belize.
Warbler (wood), Kirtland's..........  Dendroica kirtlandii...  U.S.A. (principally      ......do...............        E      1, 3         NA         NA
                                                                MI), Canada, West
                                                                Indies--Bahama Islands.
Warbler (Old World), nightingale      Acrocephalus luscinia..  West Pacific Ocean--     ......do...............        E      3, 4         NA         NA
 reed.                                                          U.S.A. (Guam,
                                                                Alamagan, Saipan).
Warbler (Old World), Rodrigues......  Bebrornis rodericanus..  Mauritius (Rodrigues     ......do...............        E         3         NA         NA
                                                                Islands).
Warbler (wood), Semper's............  Leucopeza semperi......  West Indies--St. Lucia.  ......do...............        E         3         NA         NA
Warbler (Old World), Seychelles.....  Bebrornis sechellensis.  Indian Ocean--           ......do...............        E         3         NA         NA
                                                                Seychelles Island.
Wattle-eye, banded..................  Platysteira laticincta.  Cameroon...............  ......do...............        E       571         NA         NA
Weaver, Clarke's....................  Ploceus golandi........  Kenya..................  ......do...............        E       571         NA         NA
Whipbird, western...................  Psophodes nigrogularis.  Australia..............  ......do...............        E         3         NA         NA

[[Page 123]]

 
White-eye, bridled..................  Zosterops                Western Pacific Ocean--  ......do...............        E       156         NA         NA
                                       conspicillatus           U.S.A. (Guam).
                                       conspicillatus.
White-eye, Norfolk Island...........  Zosterops albogularis..  Indian Ocean--Norfolk    ......do...............        E        15         NA         NA
                                                                Islands.
White-eye, Ponape greater...........  Rukia longirostra        West Pacific Ocean--     ......do...............        E         3         NA         NA
                                       (=sanfordi).             Federated States of
                                                                Micronesia.
White-eye, Seychelles...............  Zosterops modesta......  Indian Ocean--           ......do...............        E         3         NA         NA
                                                                Seychelles.
Woodpecker, imperial................  Campephilus imperialis.  Mexico.................  ......do...............        E         3         NA         NA
Woodpecker, ivory-billed............  Campephilus principalis  U.S.A. (southcentral     ......do...............        E      1, 3         NA         NA
                                                                and southeastern),
                                                                Cuba.
Woodpecker, red-cockaded............  Picoides (=Dendrocopos)  U.S.A. (southcentral     ......do...............        E         2         NA         NA
                                       borealis.                and southeastern).
Woodpecker, Tristam's...............  Dryocopus javensis       Korea..................  ......do...............        E         3         NA         NA
                                       richardsi.
Wren, Guadeloupe house..............  Troglodytes aedon        West Indies--Guadeloupe  ......do...............        E         3         NA         NA
                                       guadeloupensis.
Wren, St. Lucia house...............  Troglodytes aedon        West Indies--St. Lucia.  ......do...............        E         3         NA         NA
                                       mesoleucus.
 
              Reptiles
Alligator, American.................  Alligator                Southeastern U.S.A.....  ......do...............   T(S/A)    1, 11,         NA   17.42(a)
                                       mississippiensis.                                                                   20, 47,
                                                                                                                           51, 60,
                                                                                                                              113,
                                                                                                                              134,
                                                                                                                          186, 269
Alligator, Chinese..................  Alligator sinensis.....  China..................  ......do...............        E        15         NA         NA
Anole, Culebra Island giant.........  Anolis roosevelti......  U.S.A. (PR--Culebra      ......do...............        E        25   17.95(c)         NA
                                                                Island).
Boa, Jamaican.......................  Epicrates subflavus....  Jamaica................  ......do...............        E         3         NA         NA
Boa, Mona...........................  Epicrates monensis       U.S.A. (PR)............  ......do...............        T        33   17.95(c)         NA
                                       monensis.
Boa, Puerto Rican...................  Epicrates inornatus....  ......do...............  ......do...............        E         2         NA         NA
Boa, Round Island [unnamed].........  Bolyeria multocarinata.  Indian Ocean--Mauritius  ......do...............        E        88         NA         NA
    Do..............................  Casarea dussumieri.....  ......do...............  ......do...............        E        88         NA         NA
Boa, Virgin Islands tree............  Epicrates monensis       U.S.A. (PR), British     ......do...............        E     2, 86         NA         NA
                                       granti.                  Virgin Islands.
Caiman, Apaporis River..............  Caiman crocodilus        Colombia...............  ......do...............        E        15         NA         NA
                                       apaporiensis.
Caiman, black.......................  Melanosuchus niger.....  Amazon basin...........  ......do...............        E        15         NA         NA
Caiman, broad-snouted...............  Caiman latirostris.....  Brazil, Argentina,       ......do...............        E        15         NA         NA
                                                                Paraguay, Uruguay.
Caiman, Yacare......................  Caiman crocodilus        Bolivia, Argentina,      ......do...............        E         3         NA         NA
                                       yacare.                  Peru, Brazil.
Chuckwalla, San Esteban Island......  Sauromalus varius......  Mexico.................  ......do...............        E        88         NA         NA
Crocodile, African dwarf............  Osteolaemus tetraspis    West Africa............  ......do...............        E        15         NA         NA
                                       tetraspis.
Crocodile, African slender-snouted..  Crocodylus cataphractus  Western and central      ......do...............        E         5         NA         NA
                                                                Africa.
Crocodile, American.................  Crocodylus acutus......  U.S.A. (FL), Mexico,     ......do...............        E    10, 87   17.95(c)         NA
                                                                Caribbean, Central and
                                                                South America.
Crocodile, Ceylon mugger............  Crocodylus palustris     Sri Lanka..............  ......do...............        E        15         NA         NA
                                       kimbula.
Crocodile, Congo dwarf..............  Osteolaemus tetraspis    Congo R. drainage......  ......do...............        E        15         NA         NA
                                       osborni.
Crocodile, Cuban....................  Crocodylus rhombifer...  Cuba...................  ......do...............        E         3         NA         NA
Crocodile, Morelet's................  Crocodylus moreletii...  Mexico, Belize,          ......do...............        E         3         NA         NA
                                                                Guatemala.
Crocodile, mugger...................  Crocodylus palustris     India, Pakistan, Iran,   ......do...............        E        15         NA         NA
                                       palustris.               Bangladesh.
Crocodile, Nile.....................  Crocodylus niloticus...  Africa, Middle East....  ......do...............        T   3, 279,         NA   17.42(c)
                                                                                                                              334,
                                                                                                                          514, 585
Crocodile, Orinoco..................  Crocodylus intermedius.  South America--Orinoco   ......do...............        E         3         NA         NA
                                                                R. basin.

[[Page 124]]

 
Crocodile, Philippine...............  Crocodylus novaeguineae  Philippine Islands.....  ......do...............        E        15         NA         NA
                                       mindorensis.
Crocodile, saltwater (=estuarine)...  Crocodylus porosus.....  Southeast Asia,          Entire, except Papua           E   87, 585         NA         NA
                                                                Australia, Papua New     New Guinea and
                                                                Guinea, Islands of the   Australia.
                                                                West Pacific Ocean.
    Do..............................  ......do...............  ......do...............  Australia..............        T   87, 585         NA   17.42(c)
Crocodile, Siamese..................  Crocodylus siamensis...  Southeast Asia, Malay    Entire.................        E        15         NA         NA
                                                                Peninsula.
Gavial (=gharial)...................  Gavialis gangeticus....  Pakistan, Burma,         ......do...............        E         3         NA         NA
                                                                Bangladesh, India,
                                                                Nepal.
Gecko, day..........................  Phelsuma edwardnewtoni.  Indian Ocean--Mauritius  ......do...............        E         3         NA         NA
Gecko, Monito.......................  Sphaerodactylus          U.S.A. (PR)............  ......do...............        E       125   17.95(c)         NA
                                       micropithecus.
Gecko, Round Island day.............  Phelsuma guentheri.....  Indian Ocean--Mauritius  ......do...............        E         3         NA         NA
Gecko, Serpent Island...............  Cyrtodactylus            ......do...............  ......do...............        T       129         NA         NA
                                       serpensinsula.
Iguana, Acklins ground..............  Cyclura rileyi nuchalis  West Indies--Bahamas...  ......do...............        T       129         NA         NA
Iguana, Allen's Cay.................  Cyclura cychlura         ......do...............  ......do...............        T       129         NA         NA
                                       inornata.
Iguana, Andros Island ground........  Cyclura cychlura         ......do...............  ......do...............        T       129         NA         NA
                                       cychlura.
Iguana, Anegada ground..............  Cyclura pinguis........  West Indies--British     ......do...............        E         3         NA         NA
                                                                Virgin Islands
                                                                (Anegada Island).
Iguana, Barrington land.............  Conolophus pallidus....  Ecuador (Galapagos       ......do...............        E         3         NA         NA
                                                                Islands).
Iguana, Cayman Brac ground..........  Cyclura nubila           West Indies--Cayman      ......do...............        T       129         NA         NA
                                       caymanensis.             Islands.
Iguana, Cuban ground................  Cyclura nubila nubila..  Cuba...................  Entire (excluding              T       129         NA         NA
                                                                                         population introduced
                                                                                         in Puerto Rico).
Iguana, Exuma Island................  Cyclura cychlura         West Indies--Bahamas...  Entire.................        T       129         NA         NA
                                       figginsi.
Iguana, Fiji banded.................  Brachylophus fasciatus.  Pacific--Fiji, Tonga...  ......do...............        E        88         NA         NA
Iguana, Fiji crested................  Brachylophus vitiensis.  Pacific--Fiji..........  ......do...............        E        88         NA         NA
Iguana, Grand Cayman ground.........  Cyclura nubila lewisi..  West Indies--Cayman      ......do...............        E       129         NA         NA
                                                                Islands.
Iguana, Jamaican....................  Cyclura collei.........  West Indies--Jamaica...  ......do...............        E       129         NA         NA
Iguana, Mayaguana...................  Cyclura carinata         West Indies--Bahamas...  ......do...............        T       129         NA         NA
                                       bartschi.
Iguana, Mona ground.................  Cyclura stejnegeri.....  U.S.A. (PR--Mona         ......do...............        T        33   17.95(c)         NA
                                                                Island).
Iguana, Turks and Caicos............  Cyclura carinata         West Indies--Turks and   ......do...............        T       129         NA         NA
                                       carinata.                Caicos Islands.
Iguana, Watling Island ground.......  Cyclura rileyi rileyi..  West Indies--Bahamas...  ......do...............        E       129         NA         NA
Iguana, White Cay ground............  Cyclura rileyi cristata  ......do...............  ......do...............        T       129         NA         NA
Lizard, blunt-nosed leopard.........  Gambelia (=Crotaphytus)  U.S.A. (CA)............  ......do...............        E         1         NA         NA
                                       silus.
Lizard, Coachella Valley fringe-toed  Uma inornata...........  ......do...............  ......do...............        T       105   17.95(c)         NA
Lizard, Hierro giant................  Gallotia simonyi         Spain (Canary Islands).  ......do...............        E       144         NA         NA
                                       simonyi.
Lizard, Ibiza wall..................  Podarcis pityusensis...  Spain (Balearic          ......do...............        T       144         NA         NA
                                                                Islands).
Lizard, Island night................  Xantusia (=Klauberina)   U.S.A. (CA)............  ......do...............        T        26         NA         NA
                                       riversiana.
Lizard, Maria Island ground.........  Cnemidophorus vanzoi...  West Indies--St. Lucia   ......do...............        E       443         NA         NA
                                                                (Maria Islands).
Lizard, St. Croix ground............  Ameiva polops..........  U.S.A. (VI)............  ......do...............        E        24   17.95(c)         NA
Monitor, desert.....................  Varanus griseus........  North Africa to Aral     ......do...............        E        15         NA         NA
                                                                Sea, through Central
                                                                Asia to Pakistan,
                                                                Northwest India.

[[Page 125]]

 
Monitor, Indian (=Bengal)...........  Varanus bengalensis....  Iran, Iraq, India, Sri   ......do...............        E        15         NA         NA
                                                                Lanka, Malaysia,
                                                                Afghanistan, Burma,
                                                                Vietnam, Thailand.
Monitor, Komodo Island..............  Varanus komodoensis....  Indonesia (Komodo,       ......do...............        E        15         NA         NA
                                                                Rintja, Padar, and
                                                                western Flores Island).
Monitor, yellow.....................  Varanus flavescens.....  West Pakistan through    ......do...............        E        15  NAT
Sec. 17.12  Endangered and threatened plants.

    (a) The list in this section contains the names of all species of 
plants which have been determined by the Services to be Endangered or 
Threatened. It also contains the names of species of plants treated as 
Endangered or Threatened because they are sufficiently similar in 
appearance to Endangered or Threatened species (see Sec. 17.50 et seq.).

    (b) The columns entitled ``Scientific name'' and ``Common name'' 
define the species of plant within the meaning of the Act. Although 
common names are included, they cannot be relied upon for identification 
of any specimen, since they may vary greatly in local usage. The 
Services shall use the most recently accepted scientific name. In cases 
in which confusion might arise, a synonym(s) will be provided in 
parentheses. The Services shall rely to the extent practicable on the 
International Code of Botanical Nomenclature.
    (c) In the ``Status'' column the following symbols are used: ``E'' 
for Endangered, ``T'' for Threatened, and ``E

[[Page 144]]

[or T] (S/A)'' for similarity of appearance species.
    (d) The other data in the list are nonregulatory in nature and are 
provided for the information of the reader. In the annual revision and 
compilation of

this title, the following information may be amended without public 
notice: the spelling of species' names, historical range, footnotes, 
references to certain other applicable portions of this title, synonyms, 
and more current names. In any of these revised entries, neither the 
species, as defined in paragraph (b) of this section, nor its status may 
    be changed without following the procedures of part 424 of this title.
(e) The ``Historic range'' indicates the known general distribution of 
the species or subspecies as reported in the current scientific 
literature. The present distribution may be greatly reduced from this 
historic range. This column does not imply any limitation on the 
application of the prohibitions in the Act or implementing rules. Such 
prohibitions apply to all individuals of the plant species, wherever 
found.
    (f)(1) A footnote to the Federal Register publication(s) listing or 
reclassifying a species is indicated under the column ``When listed.'' 
Footnote numbers to Secs. 17.11 and 17.12 are in the same numerical 
sequence, since plants and animals may be listed in the same Federal 
Register document. That document, at least since 1973, includes a 
statement indicating the basis for the listing, as well as the effective 
date(s) of said listing.
    (2) The ``Special rules'' and ``Critical habitat'' columns provide a 
cross reference to other sections in parts 17, 222, 226, or 227. The 
``Special rules'' column will also be used to cite the special rules 
which describe experimental populations and determine if they are 
essential or nonessential. Separate listings will be made for 
experimental populations, and the status column will include the 
following symbols: ``XE'' for an essential experimental population and 
``XN'' for a nonessential experimental population. The term ``NA'' (not 
applicable) appearing in either of these two columns indicates that 
there are no special rules and/or critical habitat for that particular 
species. However, all other appropriate rules in parts 17, 217 through 
227, and 402 still apply to that species. In addition, there may be 
other rules in this title that relate to such plants, e.g., port-of-
entry requirements. It is not intended that the references in the 
``Special rules'' column list all the regulations of the two Services 
which might apply to the species or to the regulations of other Federal 
agencies or State or local governments.
    (g) The listing of a particular taxon includes all lower taxonomic 
units (see Sec. 17.11(g) for examples).
    (h) The ``List of Endangered and Threatened Plants'' is provided 
below:

[[Page 145]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                            Species
---------------------------------------------------------------      Historic range               Family           Status    When    Critical   Special
           Scientific name                   Common name                                                                    listed    habitat    rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
           Flowering Plants
Abronia macrocarpa...................  Large-fruited sand-      U.S.A. (TX)............  Nyctaginaceae..........        E       331        NA         NA
                                        verbena.
Abutilon eremitopetalum..............  None...................  U.S.A. (HI)............  Malvaceae..............        E       435        NA         NA
Abutilon menziesii...................  Ko`oloa`ula............  ......do...............  ......do...............        E       243        NA         NA
Abutilon sandwicense.................  None...................  ......do...............  ......do...............        E       448        NA         NA
Acaena exigua........................  Liliwai................  ......do...............  Rosaceae...............        E       467        NA         NA
Acanthomintha obovata ssp. duttonii..  San Mateo thornmint....  U.S.A. (CA)............  Lamiaceae..............        E       204        NA         NA
Acanthomintha ilicifolia.............  San Diego thornmint....  U.S.A. (CA), Mexico....  ......do...............        T       649        NA         NA
Achyranthes mutica...................  None...................  U.S.A. (HI)............  Amaranthaceae..........        E       592        NA         NA
Achyranthes splendens var. rotundata.  Round-leaved chaff-      ......do...............  ......do...............        E       220        NA         NA
                                        flower.
Aconitum noveboracense...............  Northern wild monkshood  U.S.A. (IA, NY, OH, WI)  Ranunculaceae..........        T        39        NA         NA
Aeschynomene virginica...............  Sensitive joint-vetch..  U.S.A. (DE, MD, NC, NJ,  Fabaceae...............        T       470        NA         NA
                                                                 PA, VA).
Agalinis acuta.......................  Sandplain gerardia.....  U.S.A. (CT, MA, MD, NY,  Scrophulariaceae.......        E       325        NA         NA
                                                                 RI).
Agave arizonica......................  Arizona agave..........  U.S.A. (AZ)............  Agavaceae..............        E       147        NA         NA
Alectryon macrococcus................  Mahoe..................  U.S.A. (HI)............  Sapindaceae............        E       467        NA         NA
Allium munzii........................  Munz's onion...........  U.S.A. (CA)............  Liliaceae..............        E       650        NA         NA
Alopecurus aequalis var. sonomensis..  Sonoma alopecurus......  ......do...............  Poaceae................        E       625        NA         NA
Alsinidendron obovatum...............  None...................  U.S.A. (HI)............  Caryophyllaceae........        E       448        NA         NA
Alsinidendron trinerve...............  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Alsinidendron lychnoides.............  Kuawawaenohu...........  ......do...............  ......do...............        E       590        NA         NA
Alsinidendron viscosum...............  None...................  ......do...............  ......do...............        E       590        NA         NA
Amaranthus brownii...................  ......do...............  ......do...............  Amaranthaceae..........        E       587        NA         NA
Amaranthus pumilus...................  Seabeach amaranth......  U.S.A. (DE, MA, MD, NC,  ......do...............        T       498        NA         NA
                                                                 NJ, NY, RI, SC, VA).
Ambrosia cheiranthifolia.............  South Texas ambrosia...  U.S.A. (TX)............  Asteraceae.............        E       547        NA         NA
Amorpha crenulata....................  Crenulate lead-plant...  U.S.A. (FL)............  Fabaceae...............        E       192        NA         NA
Amphianthus pusillus.................  Little amphianthus.....  U.S.A. (AL, GA, SC)....  Scrophulariaceae.......        T       302        NA         NA
Amsinckia grandiflora................  Large-flowered           U.S.A. (CA)............  Boraginaceae...........        E       179  17.96(a)         NA
                                        fiddleneck.
Amsonia kearneyana...................  Kearney's blue-star....  U.S.A. (AZ)............  Apocynaceae............        E       343        NA         NA
Ancistrocactus (=Echinocactus          Tobusch fishhook cactus  U.S.A. (TX)............  Cactaceae..............        E        80        NA         NA
 =Mammillaria) tobuschii.
Apios priceana.......................  Price's potato-bean....  U.S.A. (AL, IL, KY, MS,  Fabaceae...............        T       373        NA         NA
                                                                 TN).
Arabis hoffmannii....................  Hoffmann's rock-cress..  U.S.A. (CA)............  Brassicaceae...........        E       623        NA         NA
Arabis mcdonaldiana..................  McDonald's rock-cress..  ......do...............  ......do...............        E        44        NA         NA
Arabis perstellata...................  Braun's rock-cress.....  U.S.A. (KY,TN).........  ......do...............        E       570        NA         NA
Arabis serotina......................  Shale barren rock-cress  U.S.A. (VA, WV)........  ......do...............        E       352        NA         NA
Arctomecon humilis...................  Dwarf bear-poppy.......  U.S.A. (UT)............  Papaveraceae...........        E        78        NA         NA
Arctostaphylos morroensis............  Morro manzanita........  U.S.A. (CA)............  Ericaceae..............        T       567        NA         NA
Arctostaphylos hookeri (=pungens)      Presidio (=Raven's)      ......do...............  ......do...............        E        65        NA         NA
 var. ravenii.                          manzanita.
Arctostaphylos glandulosa ssp.         Del Mar manzanita......  U.S.A. (CA), Mexico....  ......do...............        E       589        NA         NA
 crassifolia.
Arctostaphylos confertiflora.........  Santa Rosa Island        U.S.A. (CA)............  ......do...............        E       623        NA         NA
                                        manzanita.

[[Page 146]]

 
Arctostaphylos myrtifolia............  Ione manzanita.........  ......do...............  Ericaceae--Heath.......        T       661        NA         NA
Arctostaphylos pallida...............  Pallid manzanita.......  ......do...............  ......do...............        T       635        NA         NA
Arenaria cumberlandensis.............  Cumberland sandwort....  U.S.A. (KY, TN)........  Caryophyllaceae........        E       311        NA         NA
Arenaria paludicola..................  Marsh sandwort.........  U.S.A. (CA,OR,WA)......  ......do...............        E       511        NA         NA
Arenaria ursina......................  Bear Valley sandwort...  U.S.A. (CA)............  ......do...............        T       644        NA         NA
Argemone pleiacantha ssp.              Sacramento prickly-      U.S.A. (NM)............  Papaveraceae...........        E       360        NA         NA
 pinnatisecta.                          poppy.
Argyroxiphium kauense................  Mauna Loa (=Ka`u)        U.S.A. (HI)............  Asteraceae.............        E       497        NA         NA
                                        silversword.
Argyroxiphium sandwicense ssp.         `Ahinahina (=Haleakala   ......do...............  ......do...............        T       467        NA         NA
 macrocephalum.                         silversword).
Argyroxiphium sandwicense ssp.         `Ahinahina (=Mauna Kea   ......do...............  ......do...............        E       219        NA         NA
 sandwicense.                           silversword).
Aristida chaseae.....................  None...................  U.S.A. (PR)............  Poaceae................        E       501        NA         NA
Aristida portoricensis...............  Pelos del diablo.......  ......do...............  ......do...............        E       398        NA         NA
Asclepias meadii.....................  Mead's milkweed........  U.S.A. (IA, IL, IN, KS,  Asclepiadaceae.........        T       321        NA         NA
                                                                 MO, WI).
Asclepias welshii....................  Welsh's milkweed.......  U.S.A. (AZ, UT)........  ......do...............        T       295  17.96(a)         NA
Asimina tetramera....................  Four-petal pawpaw......  U.S.A. (FL)............  Annonaceae.............        E       244        NA         NA
Astragalus albens....................  Cushenbury milk-vetch..  U.S.A. (CA)............  Fabaceae...............        E       548        NA         NA
Astragalus applegatei................  Applegate's milk-vetch.  U.S.A. (OR)............  ......do...............        E       510        NA         NA
Astragalus bibullatus................  Pyne's (=Guthrie's)      U.S.A. (TN)............  ......do...............        E       437        NA         NA
                                        ground-plum.
Astragalus brauntonii................  Braunton's milk-vetch..  U.S.A. (CA)............  ......do...............        E       606        NA         NA
Astragalus clarianus.................  Clara Hunt's milk-vetch  ......do...............  ......do...............        E       625        NA         NA
Astragalus cremnophylax var.           Sentry milk-vetch......  U.S.A. (AZ)............  ......do...............        E       409        NA         NA
 cremnophylax.
Astragalus humillimus................  Mancos milk-vetch......  U.S.A. (CO, NM)........  ......do...............        E       187        NA         NA
Astragalus jaegerianus...............  Lane Mountain milk-      U.S.A. (CA)............  ......do...............        E       647        NA         NA
                                        vetch.
Astragalus lentiginosus var.           Coachella Valley milk-   ......do...............  ......do...............        E       647        NA         NA
 coachellae.                            vetch.
Astragalus lentiginosus var.           Fish Slough milk-vetch.  ......do...............  ......do...............        T       647        NA         NA
 piscinensis.
Astragalus magdalenae var. peirsonii.  Peirson's milk-vetch...  ......do...............  ......do...............        T       647        NA         NA
Astragalus montii (=A. limnocharis     Heliotrope milk-vetch..  U.S.A. (UT)............  ......do...............        T       298  17.96(a)         NA
 var. m.).
Astragalus osterhoutii...............  Osterhout milk-vetch...  U.S.A. (CO)............  ......do...............        E       353        NA         NA
Astragalus phoenix...................  Ash Meadows milk-vetch.  U.S.A. (NV)............  ......do...............        T       181  17.96(a)         NA
Astragalus robbinsii var. jesupi.....  Jesup's milk-vetch.....  U.S.A. (NH, VT)........  ......do...............        E       271        NA         NA
Astragalus tener var. titi...........  Coastal dunes milk-      U.S.A. (CA)............  ......do...............        E       640        NA         NA
                                        vetch.
Astragalus tricarinatus..............  Triple-ribbed milk-      ......do...............  ......do...............        E       647        NA         NA
                                        vetch.
Astrophytum (=Echinocactus) asterias.  Star cactus............  U.S.A. (TX), Mexico....  Cactaceae..............        E       521        NA         NA
Atriplex coronata var. notatior......  San Jacinto Valley       U.S.A. (CA)............  Chenopodiaceae.........        E       650        NA         NA
                                        crownscale.
Auerodendron pauciflorum.............  None...................  U.S.A. (PR)............  Rhamnaceae.............        E       531        NA         NA
Ayenia limitaris.....................  Texas ayenia...........  U.S.A. (TX), Mexico....  Sterculiaceae..........        E       547        NA         NA
Baccharis vanessae...................  Encinitis baccharis      U.S.A. (CA)............  Asteraceae.............        T       589        NA         NA
                                        (=Coyote bush).

[[Page 147]]

 
Banara vanderbiltii..................  Palo de Ramon..........  U.S.A. (PR)............  Flacourtiaceae.........        E       255        NA         NA
Baptisia arachnifera.................  Hairy rattleweed.......  U.S.A. (GA)............  Fabaceae...............        E        39        NA         NA
Berberis nevinii.....................  Nevin's barberry.......  U.S.A. (CA)............  Berberidaceae..........        E       648        NA         NA
Berberis pinnata ssp. insularis......  Island barberry........  ......do...............  ......do...............        E       623        NA         NA
Berberis sonnei (=Mahonia s.)........  Truckee barberry.......  ......do...............  ......do...............        E        76        NA         NA
Betula uber..........................  Virginia round-leaf      U.S.A. (VA)............  Betulaceae.............        T   39, 560        NA         NA
                                        birch.
Bidens micrantha ssp. kalealaha......  Ko`oko`olau............  U.S.A. (HI)............  Asteraceae.............        E       467        NA         NA
Bidens wiebkei.......................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Blennosperma bakeri..................  Sonoma sunshine          U.S.A. (CA)............  ......do...............        E       453        NA         NA
                                        (=Baker's stickyseed).
Boltonia decurrens...................  Decurrent false aster..  U.S.A. (IL, MO)........  ......do...............        T       341        NA         NA
Bonamia grandiflora..................  Florida bonamia........  U.S.A. (FL)............  Convolvulaceae.........        T       297        NA         NA
Bonamia menziesii....................  None...................  U.S.A. (HI)............  ......do...............        E       559        NA         NA
Brighamia insignis...................  `Olulu.................  ......do...............  Campanulaceae..........        E       530        NA         NA
Brighamia rockii.....................  Pua `ala...............  ......do...............  ......do...............        E       480        NA         NA
Brodiaea filifolia...................  Thread-leaved brodiaea.  U.S.A. (CA)............  Liliaceae..............        T       650        NA         NA
Brodiaea pallida.....................  Chinese Camp brodiaea..  ......do...............  ......do...............        T       643        NA         NA
Buxus vahlii.........................  Vahl's boxwood.........  U.S.A. (PR, VI)........  Buxaceae...............        E       197        NA         NA
Caesalpinia (=Mezoneuron) kavaiense..  Uhiuhi.................  U.S.A. (HI)............  Fabaceae...............        E       238        NA         NA
Callicarpa ampla.....................  Capa rosa (=pendula      U.S.A. (PR)............  Verbenaceae............        E       461        NA         NA
                                        cimarrona).
Callirhoe scabriuscula...............  Texas poppy-mallow.....  U.S.A. (TX)............  Malvaceae..............        E  109, 112        NA         NA
Calochortus tiburonensis.............  Tiburon mariposa lily..  U.S.A. (CA)............  Liliaceae..............        T       575        NA         NA
Calyptranthes thomasiana.............  None...................  U.S.A. (PR, VI) British  Myrtaceae..............        E       529        NA         NA
                                                                 VI.
Calyptridium pulchellum..............  Mariposa pussypaws.....  U.S.A. (CA)............  Portulacaceae..........        T       643        NA         NA
Calyptronoma rivalis.................  Palma de manaca or       U.S.A. (PR)............  Arecaceae..............        T       375        NA         NA
                                        manac palm.
Calystegia stebbinsii................  Stebbins' morning-glory  U.S.A. (CA)............  Convolvulaceae.........        E       596        NA         NA
Camissonia benitensis................  San Benito evening-      ......do...............  Onagraceae.............        T       172        NA         NA
                                        primrose.
Campanula robinsiae..................  Brooksville (=Robins')   U.S.A. (FL)............  Campanulaceae..........        E       356        NA         NA
                                        bellflower.
Canavalia molokaiensis...............  `Awikiwiki.............  U.S.A. (HI)............  Fabaceae...............        E       480        NA         NA
Cardamine micranthera................  Small-anthered           U.S.A. (NC, VA)........  Brassicaceae...........        E       363        NA         NA
                                        bittercress.
Carex albida.........................  White sedge............  U.S.A. (CA)............  Cyperaceae.............        E       625        NA         NA
Carex specuicola.....................  Navajo sedge...........  U.S.A. (AZ, UT)........  ......do...............        T       178  17.96(a)         NA
Castilleja affinis ssp. neglecta.....  Tiburon paintbrush.....  U.S.A. (CA)............  Scrophulariaceae.......        E       575        NA         NA
Castilleja campestris ssp. succulenta  Fleshy owl's-clover....  ......do...............  ......do...............        T       611        NA         NA
Castilleja cinerea...................  Ash-gray Indian          ......do...............  ......do...............        T       644        NA         NA
                                        paintbrush.
Castilleja grisea....................  San Clemente Island      ......do...............  ......do...............        E        26        NA         NA
                                        Indian paintbrush.
Castilleja levisecta.................  Golden paintbrush......  U.S.A. (OR, WA), Canada  ......do...............        T       615        NA         NA
                                                                 (B.C.).
Castilleja mollis....................  Soft-leaved paintbrush.  U.S.A. (CA)............  ......do...............        E       623        NA         NA
Catesbaea melanocarpa................  None...................  U.S.A. (PR, VI),         Rubiaceae..............        E       657        NA         NA
                                                                 Antigua, Barbuda,
                                                                 Guadalupe.
Caulanthus californicus..............  California jewelflower.  U.S.A. (CA)............  Brassicaceae...........        E       395        NA         NA
Ceanothus ferrisae...................  Coyote ceanothus         ......do...............  Rhamnaceae.............        E       575        NA         NA
                                        (=Coyote Valley
                                        California-lilac).
Ceanothus ophiochilus................  Vail Lake ceanothus....  ......do...............  ......do...............        T       648        NA         NA
Ceanothus roderickii.................  Pine Hill ceanothus....  ......do...............  ......do...............        E       596        NA         NA
Cenchrus agrimonioides...............  Kamanomano (=Sandbur,    U.S.A. (HI)............  Poaceae................        E       592        NA         NA
                                        agrimony).

[[Page 148]]

 
Centaurium namophilum................  Spring-loving centaury.  U.S.A. (CA, NV)........  Gentianaceae...........        T       181  17.96(a)         NA
Centaurium sebaeoides................  `Awiwi.................  U.S.A. (HI)............  ......do...............        E       448        NA         NA
Cercocarpus traskiae.................  Catalina Island          U.S.A. (CA)............  Rosaceae...............        E       624        NA         NA
                                        mountain-mahogany.
Cereus eriophorus var. fragrans......  Fragrant prickly-apple.  U.S.A. (FL)............  Cactaceae..............        E       208        NA         NA
Chamaecrista glandulosa var.           None...................  U.S.A. (PR)............  Fabaceae...............        E       379        NA         NA
 mirabilis (=Cassia m.).
Chamaesyce celastroides var. kaenana.  `Akoko.................  U.S.A. (HI)............  Euphorbiaceae..........        E       448        NA         NA
Chamaesyce (=Euphorbia) deltoidea      Deltoid spurge.........  U.S.A. (FL)............  ......do...............        E       192        NA         NA
 ssp. deltoidea.
Chamaesyce (=Euphorbia) deppeana.....  `Akoko.................  U.S.A. (HI)............  ......do...............        E       536        NA         NA
Chamaesyce (=Euphorbia) garberi......  Garber's spurge........  U.S.A. (FL)............  ......do...............        T       192        NA         NA
Chamaesyce halemanui.................  None...................  U.S.A. (HI)............  ......do...............        E       464        NA         NA
Chamaesyce herbstii..................  `Akoko.................  ......do...............  ......do...............        E       591        NA         NA
Chamaesyce hooveri...................  Hoover's spurge........  U.S.A. (CA)............  ......do...............        T       611        NA         NA
Chamaesyce kuwaleana.................  `Akoko.................  U.S.A. (HI)............  ......do...............        E       448        NA         NA
Chamaesyce rockii....................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Chamaesyce (=Euphorbia) skottsbergii   `Ewa Plains `akoko.....  ......do...............  ......do...............        E       120        NA         NA
 var. kalaeloana.
Chionanthus pygmaeus.................  Pygmy fringe-tree......  U.S.A. (FL)............  Oleaceae...............        E       256        NA         NA
Chorizanthe howellii.................  Howell's spineflower...  U.S.A. (CA)............  Polygonaceae...........        E       472        NA         NA
Chorizanthe orcuttiana...............  Orcutt's spineflower...  ......do...............  ......do...............        E       589        NA         NA
Chorizanthe pungens var. hartwegiana.  Ben Lomond spineflower.  ......do...............  ......do...............        E       528        NA         NA
Chorizanthe pungens var. pungensterey  ......do...............  ......do...............  T......................      528        NA        NA
 spineflower.
Chorizanthe robusta (incl. vars.       Robust (incl. Scotts     ......do...............  ......do...............        E       528        NA         NA
 robusta & hartwegii).                  Valley) spineflower.
Chorizanthe valida...................  Sonoma spineflower.....  ......do...............  ......do...............        E       472        NA         NA
Chrysopsis (=Heterotheca) floridana..  Florida golden aster...  U.S.A. (FL)............  Asteraceae.............        E       232        NA         NA
Cirsium fontinale var. obispoense....  Chorro Creek bog         U.S.A. (CA)............  ......do...............        E       567        NA         NA
                                        thistle.
Cirsium fontinale var. fontinale.....  Fountain thistle.......  ......do...............  ......do...............        E       575        NA         NA
Cirsium hydrophilum var. hydrophilum.  Suisun thistle.........  ......do...............  ......do...............        E       627        NA         NA
Cirsium pitcheri.....................  Pitcher's thistle......  U.S.A. (IL, IN, MI,      ......do...............        T       315        NA         NA
                                                                 WI), Canada (Ont.).
Cirsium vinaceum.....................  Sacramento Mountains     U.S.A. (NM)............  ......do...............        T       276        NA         NA
                                        thistle.
Clarkia franciscana..................  Presidio clarkia.......  U.S.A. (CA)............  Onagraceae.............        E       575        NA         NA
Clarkia imbricata....................  Vine Hill clarkia......  ......do...............  ......do...............        E       625        NA         NA
Clarkia speciosa ssp. immaculata.....  Pismo clarkia..........  ......do...............  ......do...............        E       567        NA         NA
Clarkia springvillensis..............  Springville clarkia....  ......do...............  ......do...............        T       643        NA         NA
Clematis morefieldii.................  Morefield's leather-     U.S.A. (AL)............  Ranunculaceae..........        E       468        NA         NA
                                        flower.
Clematis socialis....................  Alabama leather-flower.  ......do...............  ......do...............        E       245        NA         NA

[[Page 149]]

 
Clermontia drepanomorpha.............  `Oha wai...............  U.S.A. (HI)............  Campanulaceae..........        E       595        NA         NA
Clermontia lindseyana................  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Clermontia oblongifolia ssp. brevipes  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Clermontia oblongifolia ssp.           ......do...............  ......do...............  ......do...............        E       467        NA         NA
 mauiensis.
Clermontia peleana...................  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Clermontia pyrularia.................  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Clermontia samuelii..................  ......do...............  ......do...............  ......do...............        E       666        NA         NA
Clitoria fragrans....................  Pigeon wings...........  U.S.A. (FL)............  Fabaceae...............        T       500        NA         NA
Colubrina oppositifolia..............  Kauila.................  U.S.A. (HI)............  Rhamnaceae.............        E       532        NA         NA
Conradina brevifolia.................  Short-leaved rosemary..  U.S.A. (FL)............  Lamiaceae..............        E       507        NA         NA
Conradina etonia.....................  Etonia rosemary........  ......do...............  ......do...............        E       507        NA         NA
Conradina glabra.....................  Apalachicola rosemary..  ......do...............  ......do...............        E       507        NA         NA
Conradina verticillata...............  Cumberland rosemary....  U.S.A. (KY, TN)........  ......do...............        T       452        NA         NA
Cordia bellonis......................  None...................  U.S.A. (PR)............  Boraginaceae...........        E       601        NA         NA
Cordylanthus maritimus ssp. maritimus  Salt marsh bird's-beak.  U.S.A. (CA), Mexico      Scrophulariaceae.......        E        44        NA         NA
                                                                 (Baja California).
Cordylanthus palmatus................  Palmate-bracted bird's-  U.S.A. (CA)............  ......do...............        E       235        NA         NA
                                        beak.
Cordylanthus tenuis ssp. capillaris..  Pennell's bird's-beak..  ......do...............  ......do...............        E       575        NA         NA
Cordylanthus mollis ssp. mollis......  Soft bird's-beak.......  ......do...............  ......do...............        E       627        NA         NA
Cornutia obovata.....................  Palo de nigua (=capa     U.S.A. (PR)............  Verbenaceae............        E       307        NA         NA
                                        juguerilla).
Coryphantha (=Escobaria =Mammillaria)  Nellie cory cactus.....  U.S.A. (TX)............  Cactaceae..............        E        81        NA         NA
 minima (=nellieae).
Coryphantha ramillosa................  Bunched cory cactus....  U.S.A. (TX), Mexico      ......do...............        T        77        NA         NA
                                                                 (Coahuila).
Coryphantha (=Cochiseia =Escobaria)    Cochise pincushion       U.S.A. (AZ), Mexico      ......do...............        T       214        NA         NA
 robbinsorum.                           cactus.                  (Sonora).
Coryphantha scheeri var. robustispina  Pima pineapple cactus..  ......do...............  ......do...............        E       515        NA         NA
Coryphantha (=Escobaria =Mammillaria)  Lee pincushion cactus..  U.S.A. (NM)............  ......do...............        T        61        NA         NA
 sneedii var. leei.
Coryphantha (=Escobaria =Mammillaria)  Sneed pincushion cactus  U.S.A. (NM, TX)........  ......do...............        E        82        NA         NA
 sneedii var. sneedii.
Cranichis ricartii...................  None...................  U.S.A. (PR)............  Orchidaceae............        E       451        NA         NA
Crescentia portoricensis.............  guero de Sierra........  ......do...............  Bignoniaceae...........        E       301        NA         NA
Crotalaria avonensis.................  Avon Park harebells....  U.S.A. (FL)............  Fabaceae...............        E       500        NA         NA
Cryptantha crassipes.................  Terlingua Creek cats-    U.S.A. (TX)............  Boraginaceae...........        E       439        NA         NA
                                        eye.
Cucurbita okeechobeensis ssp.          Okeechobee gourd.......  U.S.A. (FL)............  Cucurbitaceae..........        E       507        NA         NA
 okeechobeensis.
Cyanea acuminata.....................  Haha...................  U.S.A. (HI)............  Campanulaceae..........        E       591        NA         NA
Cyanea asarifolia....................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Cyanea copelandii ssp. copelandii....  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Cyanea copelandii ssp. haleakalaensis  ......do...............  ......do...............  ......do...............        E       666        NA         NA
Cyanea (=Rollandia) crispa...........  ......do...............  ......do...............  E......................      536        NA        NA
Cyanea dunbarii......................  ......do...............  ......do...............  ......do...............        E       594        NA         NA
Cyanea glabra........................  ......do...............  ......do...............  Campanulceae...........        E       666        NA         NA
Cyanea grimesiana ssp. obatae........  ......do...............  ......do...............  ......do...............        E       541        NA         NA

[[Page 150]]

 
Cyanea grimesiana ssp. grimesiana....  ......do...............  ......do...............  ......do...............        E       592        NA         NA
Cyanea hamatiflora ssp. carlsonii....  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Cyanea hamatiflora ssp. hamatiflora..  ......do...............  ......do...............  ......do...............        E       666        NA         NA
Cyanea (=Rollandia) humboldtiana.....  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Cyanea koolauensis...................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Cyanea lobata........................  ......do...............  ......do...............  ......do...............        E       467        NA         NA
Cyanea longiflora....................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Cyanea macrostegia ssp. gibsonii.....  ......do...............  ......do...............  ......do...............        E       435        NA         NA
Cyanea mannii........................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Cyanea mceldowneyi...................  ......do...............  ......do...............  ......do...............        E       467        NA         NA
Cyanea pinnatifida...................  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Cyanea platyphylla...................  ......do...............  ......do...............  ......do...............        E       595        NA         NA
Cyanea procera.......................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Cyanea recta.........................  ......do...............  ......do...............  ......do...............        T       590        NA         NA
Cyanea remyi.........................  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Cyanea shipmannii....................  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Cyanea (=Rollandia) st-johnii........  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Cyanea stictophylla..................  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Cyanea superba.......................  ......do...............  ......do...............  ......do...............        E       467        NA         NA
Cyanea truncata......................  ......do...............  ......do...............  ......do...............        E       536        NA         NA
Cyanea undulata......................  ......do...............  ......do...............  ......do...............        E       436        NA         NA
Cycladenia humilis var. jonesii......  Jones cycladenia.......  U.S.A. (AZ, UT)........  Apocynaceae............        T       229        NA         NA
Cyperus trachysanthos................  Pu`uka`a...............  U.S.A. (HI)............  Cyperaceae.............        E       592        NA         NA
Cyrtandra crenata....................  Ha`iwale...............  ......do...............  Gesneriaceae...........        E       536        NA         NA
Cyrtandra cyaneoides.................  Mapele.................  ......do...............  ......do...............        E       590        NA         NA
Cyrtandra dentata....................  Ha`iwale...............  ......do...............  ......do...............        E       591        NA         NA
Cyrtandra giffardii..................  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Cyrtandra limahuliensis..............  ......do...............  ......do...............  ......do...............        T       530        NA         NA
Cyrtandra munroi.....................  ......do...............  ......do...............  ......do...............        E       467        NA         NA
Cyrtandra polyantha..................  ......do...............  ......do...............  ......do...............        E       536        NA         NA
Cyrtandra subumbellata...............  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Cyrtandra tintinnabula...............  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Cyrtandra viridiflora................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Dalea foliosa (=Petalostemum f.).....  Leafy prairie-clover...  U.S.A. (AL, IL, TN)....  Fabaceae...............        E       422        NA         NA
Daphnopsis hellerana.................  None...................  U.S.A. (PR)............  Thymelaeaceae..........        E       309        NA         NA
Deeringothamnus pulchellus...........  Beautiful pawpaw.......  U.S.A. (FL)............  Annonaceae.............        E       244        NA         NA
Deeringothamnus rugelii..............  Rugel's pawpaw.........  ......do...............  ......do...............        E       244        NA         NA
Delissea rhytidosperma...............  None...................  U.S.A. (HI)............  Campanulaceae..........        E       530        NA         NA
Delissea rivularis...................  `Oha...................  ......do...............  ......do...............        E       590        NA         NA
Delissea subcordata..................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Delissea undulata....................  None...................  ......do...............  ......do...............        E       593        NA         NA
Delphinium variegatum ssp. kinkiense   San Clemente Island      U.S.A. (CA)............  Ranunculaceae..........        E        26        NA         NA
 (=D. k.).                              larkspur.
Dicerandra christmanii...............  Garrett's mint.........  U.S.A. (FL)............  Lamiaceae..............        E  207, 362        NA         NA

[[Page 151]]

 
Dicerandra cornutissima..............  Longspurred mint.......  ......do...............  ......do...............        E       207        NA         NA
Dicerandra frutescens................  Scrub mint.............  ......do...............  ......do...............        E  207, 362        NA         NA
Dicerandra immaculata................  Lakela's mint..........  ......do...............  ......do...............        E       180        NA         NA
Dodecahema (=Centrostegia) leptoceras  Slender-horned           U.S.A. (CA)............  Polygonaceae...........        E       291        NA         NA
                                        spineflower.
Dubautia herbstobatae................  Na`ena`e...............  U.S.A. (HI)............  Asteraceae.............        E       448        NA         NA
Dubautia latifolia...................  ......do...............  ......do...............  ......do...............        E       464        NA         NA
Dubautia pauciflorula................  ......do...............  ......do...............  ......do...............        E       436        NA         NA
Dubautia plantaginea ssp. humilis....  ......do...............  ......do...............  ......do...............        E       666        NA         NA
Dudleya abramsii ssp. parva..........  Conejo dudleya.........  U.S.A. (CA)............  Crassulaceae...........        T       606        NA         NA
Dudleya cymosa ssp. marcescens.......  Marcescent dudleya.....  ......do...............  ......do...............        T       606        NA         NA
Dudleya cymosa ssp. ovatifolia.......  Santa Monica Mountains   ......do...............  ......do...............        T       606        NA         NA
                                        dudleya.
Dudleya nesiotica....................  Santa Cruz Island        ......do...............  ......do...............        T       623        NA         NA
                                        dudleya.
Dudleya setchellii...................  Santa Clara Valley       ......do...............  ......do...............        E       575        NA         NA
                                        dudleya.
Dudleya stolonifera..................  Laguna Beach             ......do...............  ......do...............        T       649        NA         NA
                                        liveforever.
Dudleya traskiae.....................  Santa Barbara Island     ......do...............  ......do...............        E        39        NA         NA
                                        liveforever.
Dudleya verityi......................  Verity's dudleya.......  ......do...............  ......do...............        T       606        NA         NA
Echinacea laevigata..................  Smooth coneflower......  U.S.A. (GA, MD, NC, PA,  Asteraceae.............        E       481        NA         NA
                                                                 SC, VA).
Echinacea tennesseensis..............  Tennessee purple         U.S.A. (TN)............  ......do...............        E        49        NA         NA
                                        coneflower.
Echinocactus horizonthalonius var.     Nichol's Turk's head     U.S.A. (AZ)............  Cactaceae..............        E        71        NA         NA
 nicholii.                              cactus.
Echinocereus chisoensis                Chisos Mountain          U.S.A. (TX)............  ......do...............        T       335        NA         NA
 (=reichenbachii) var. chisoensis.      hedgehog cactus.
Echinocereus fendleri (=hempelii of    Kuenzler hedgehog        U.S.A. (NM)............  ......do...............        E        70        NA         NA
 authors, not Fobe) var.kuenzleri.      cactus.
Echinocereus reichenbachii var.        Black lace cactus......  U.S.A. (TX)............  ......do...............        E        68        NA         NA
 albertii (=E. melanocentrus).
Echinocereus triglochidiatus var.      Arizona hedgehog cactus  U.S.A. (AZ)............  ......do...............        E        62        NA         NA
 arizonicus (=E. arizonicus).
Echinocereus viridiflorus var.         Davis' green pitaya....  U.S.A. (TX)............  ......do...............        E        81        NA         NA
 davisii (=E. davisii).
Echinomastus (=Echinocactus,           Lloyd's Mariposa cactus  U.S.A. (TX), Mexico      ......do...............        T        77        NA         NA
 =Sclerocactus, =Neolloydia)                                     (Coahuila).
 mariposensis.
Enceliopsis nudicaulis var. corrugata  Ash Meadows sunray.....  U.S.A. (NV)............  Asteraceae.............        T       181  17.96(a)         NA
Eragrostis fosbergii.................  Fosberg's love grass...  U.S.A. (HI)............  Poaceae................        E       591        NA         NA
Eremalche kernensis (=E. parryi ssp.   Kern mallow............  U.S.A. (CA)............  Malvaceae..............        E       395        NA         NA
 k.).
Eriastrum densifolium ssp. sanctorum.  Santa Ana River woolly-  ......do...............  Polemoniaceae..........        E       291        NA         NA
                                        star.
Eriastrum hooveri....................  Hoover's woolly-star...  ......do...............  ......do...............        T       395        NA         NA
Erigeron maguirei....................  Maguire daisy..........  U.S.A. (UT)............  Asteraceae.............        T  202, 584        NA         NA
Erigeron parishii....................  Parish's daisy.........  U.S.A. (CA)............  ......do...............        T       548        NA         NA
Erigeron rhizomatus..................  Zuni (=Rhizome)          U.S.A. (NM)............  ......do...............        T       177        NA         NA
                                        fleabane.
Eriodictyon altissimum...............  Indian Knob mountain     U.S.A. (CA)............  Hydrophyllaceae........        E       567        NA         NA
                                        balm.
Eriogonum apricum (inclusive of vars.  Ione (incl. Irish Hill)  ......do...............  Polygonaceae--Buckwheat        E       661        NA         NA
 apricum and phostratum..               buckwheat.

[[Page 152]]

 
Eriogonum gypsophilum................  Gypsum wild-buckwheat..  U.S.A. (NM)............  ......do...............        T  110, 112  17.96(a)         NA
Eriogonum kennedyi var.                Southern mountain wild-  U.S.A. (CA)............  ......do...............        T       644        NA         NA
 austromontanum.                        buckwheat.
Eriogonum longifolium var.             Scrub buckwheat........  U.S.A. (FL)............  ......do...............        T       500        NA         NA
 gnaphalifolium.
Eriogonum ovalifolium var. vineum....  Cushenbury buckwheat...  U.S.A. (CA)............  ......do...............        E       548        NA         NA
Eriogonum ovalifolium var.             Steamboat buckwheat....  U.S.A. (NV)............  ......do...............        E       237        NA         NA
 williamsiae.
Eriogonum pelinophilum...............  Clay-loving wild-        U.S.A. (CO)............  ......do...............        E       151  17.96(a)         NA
                                        buckwheat.
Eriophyllum latilobum................  San Mateo woolly         U.S.A. (CA)............  Asteraceae.............        E       575        NA         NA
                                        sunflower.
Eryngium aristulatum var. parishii...  San Diego button-celery  ......do...............  Apiaceae...............        E       512        NA         NA
Eryngium constancei..................  Loch Lomond coyote-      ......do...............  ......do...............        E     194E,        NA         NA
                                        thistle.                                                                                249
Eryngium cuneifolium.................  Snakeroot..............  U.S.A. (FL)............  ......do...............        E       256        NA         NA
Erysimum capitatum var. angustatum...  Contra Costa wallflower  U.S.A. (CA)............  Brassicaceae...........        E        39  17.96(a)         NA
Erysimum menziesii...................  Menzies' wallflower....  ......do...............  ......do...............        E       472        NA         NA
Erysimum teretifolium................  Ben Lomond wallflower..  ......do...............  Brassicacae............        E       528        NA         NA
Erythronium propullans...............  Minnesota dwarf trout    U.S.A. (MN)............  Liliaceae..............        E       221        NA         NA
                                        lily.
Eugenia haematocarpa.................  Uvillo.................  U.S.A. (PR)............  Myrtaceae..............        E       564        NA         NA
Eugenia koolauensis..................  Nioi...................  U.S.A. (HI)............  ......do...............        E       536        NA         NA
Eugenia woodburyana..................  None...................  U.S.A. (PR)............  ......do...............        E       551        NA         NA
Euphorbia haeleeleana................  `Akoko.................  U.S.A. (HI)............  Euphorbiaceae..........        E       592        NA         NA
Euphorbia telephioides...............  Telephus spurge........  U.S.A. (FL)............  ......do...............        T       463        NA         NA
Eutrema penlandii....................  Penland alpine fen       U.S.A. (CO)............  Brassicaceae...........        T       509        NA         NA
                                        mustard.
Exocarpos luteolus...................  Heau...................  U.S.A. (HI)............  Santalaceae............        E       530        NA         NA
Flueggea neowawraea..................  Mehamehame.............  ......do...............  Euphorbiaceae..........        E       559        NA         NA
Frankenia johnstonii.................  Johnston's frankenia...  U.S.A. (TX), Mexico      Frankeniaceae..........        E       155        NA         NA
                                                                 (Nuevo Leon).
Fremontodendron californicum ssp.      Pine Hill flannelbush..  U.S.A. (CA)............  Sterculiaceae..........        E       596        NA         NA
 decumbens.
Fremontodendron mexicanum............  Mexican flannelbush....  U.S.A. (CA), Mexico....  ......do...............        E       648        NA         NA
Gahnia lanaiensis....................  None...................  U.S.A. (HI)............  Cyperaceae.............        E       435        NA         NA
Galactia smallii.....................  Small's milkpea........  U.S.A. (FL)............  Fabaceae...............        E       192        NA         NA
Galium buxifolium....................  Island bedstraw........  U.S.A. (CA)............  Rubiaceae..............        E       623        NA         NA
Galium californicum ssp. sierrae.....  El Dorado bedstraw.....  ......do...............  ......do...............        E       596        NA         NA
Gardenia brighamii...................  Na`u or Hawaiian         U.S.A. (HI)............  ......do...............        E       198        NA         NA
                                        gardenia.
Gardenia mannii......................  Nanu...................  ......do...............  ......do...............        E       591        NA         NA
Geocarpon minimum....................  None...................  U.S.A. (AR, LA, MO)....  Caryophyllaceae........        T       275        NA         NA
Geranium arboreum....................  Hawaiian red-flowered    U.S.A. (HI)............  Geraniaceae............        E       465        NA         NA
                                        geranium.
Geranium multiflorum.................  Nohoanu................  ......do...............  ......do...............        E       467        NA         NA
Gesneria pauciflora..................  None...................  U.S.A. (PR)............  Gesneriaceae...........        T       578        NA         NA
Geum radiatum........................  Spreading avens........  U.S.A. (NC, TN)........  Rosaceae...............        E       381        NA         NA
Gilia tenuiflora ssp. arenaria.......  Monterey gilia.........  U.S.A. (CA)............  Polemoniaceae..........        E       472        NA         NA
Gilia tenuiflora ssp. hoffmannii.....  Hoffmann's slender-      ......do...............  ......do...............        E       623        NA         NA
                                        flowered gilia.
Goetzea elegans......................  Beautiful goetzea or     U.S.A. (PR)............  Solanaceae.............        E       176        NA         NA
                                        matabuey.

[[Page 153]]

 
Gouania hillebrandii.................  None...................  U.S.A. (HI)............  Rhamnaceae.............        E       165  17.96(a)         NA
Gouania meyenii......................  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Gouania vitifolia....................  ......do...............  ......do...............  ......do...............        E       541        NA         NA
Grindelia fraxino-pratensis..........  Ash Meadows gumplant...  U.S.A. (CA, NV)........  Asteraceae.............        T       181  17.96(a)         NA
Halophila johnsonii..................  Johnson's seagrass.....  U.S.A. (FL)............  Hydrocharitaceae.......        T       663        NA         NA
Haplostachys haplostachya............  None...................  U.S.A. (HI)............  Lamiaceae..............        E        73        NA         NA
Harperocallis flava..................  Harper's beauty........  U.S.A. (FL)............  Liliaceae..............        E        57        NA         NA
Harrisia (=Cereus) portoricensis.....  Higo chumbo............  U.S.A. (PR)............  Cactaceae..............        T       397        NA         NA
Hedeoma todsenii.....................  Todsen's pennyroyal....  U.S.A. (NM)............  Lamiaceae..............        E  110, 112  17.96(a)         NA
Hedyotis cookiana....................  `Awiwi.................  U.S.A. (HI)............  Rubiaceae..............        E       530        NA         NA
Hedyotis coriacea....................  Kio`ele................  ......do...............  ......do...............        E       467        NA         NA
Hedyotis degeneri....................  None...................  ......do...............  ......do...............        E       448        NA         NA
Hedyotis mannii......................  Pilo...................  ......do...............  ......do...............        E       480        NA         NA
Hedyotis parvula.....................  None...................  ......do...............  ......do...............        E       448        NA         NA
Hedyotis purpurea var. montana.......  Roan Mountain bluet....  U.S.A. (NC, TN)........  ......do...............        E       381        NA         NA
Hedyotis schlechtendahliana var.       Kopa...................  U.S.A. (HI)............  ......do...............        E       666        NA         NA
 remyi.
Hedyotis st.-johnii..................  Na Pali beach hedyotis.  U.S.A. (HI)............  ......do...............        E       441        NA         NA
Helenium virginicum..................  Virginia sneezeweed....  U.S.A. (VA)............  Asteraceae.............        T       652        NA         NA
Helianthemum greenei.................  Island rush-rose.......  U.S.A. (CA)............  Cistaceae..............        T       623        NA         NA
Helianthus eggertii..................  Eggert's sunflower.....  U.S.A. (AL, KY, TN)....  Asteraceae.............        T       613        NA         NA
Helianthus schweinitzii..............  Schweinitz's sunflower.  U.S.A. (NC, SC)........  ......do...............        E       424        NA         NA
Helonias bullata.....................  Swamp pink.............  U.S.A. (DE, GA, MD, NC,  Liliaceae..............        T       326        NA         NA
                                                                 NJ, NY, SC, VA).
Hemizonia conjugens..................  Otay tarplant..........  U.S.A. (CA), Mexico....  Asteraceae.............        T       649        NA         NA
Hesperolinon congestum...............  Marin dwarf-flax.......  ......do...............  Linaceae...............        T       575        NA         NA
Hesperomannia arborescens............  None...................  U.S.A. (HI)............  Asteraceae.............        E       536        NA         NA
Hesperomannia arbuscula..............  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Hesperomannia lydgatei...............  ......do...............  ......do...............  ......do...............        E       436        NA         NA
Hexastylis naniflora.................  Dwarf-flowered           U.S.A. (NC, SC)........  Aristolochiaceae.......        T       347        NA         NA
                                        heartleaf.
Hibiscadelphus distans...............  Kauai hau kuahiwi......  U.S.A. (HI)............  Malvaceae..............        E       225        NA         NA
Hibiscadelphus giffardianus..........  Hau kuahiwi............  ......do...............  ......do...............        E       595        NA         NA
Hibiscadelphus hualalaiensis.........  ......do...............  ......do...............  ......do...............        E       595        NA         NA
Hibiscadelphus woodii................  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Hibiscus arnottianus ssp. immaculatus  Koki`o ke`oke`o........  ......do...............  ......do...............        E       480        NA         NA
Hibiscus brackenridgei...............  Ma`o hau hele..........  ......do...............  ......do...............        E       559        NA         NA
Hibiscus clayi.......................  Clay's hibiscus........  ......do...............  ......do...............        E       530        NA         NA
Hibiscus waimeae ssp. hannerae.......  Koki`o ke`oke`o........  ......do...............  ......do...............        E       590        NA         NA
Hoffmannseggia tenella...............  Slender rush-pea.......  U.S.A. (TX)............  Fabaceae...............        E       209        NA         NA
Howellia aquatilis...................  Water howellia.........  U.S.A. (CA, ID, MT, OR,  Campanulaceae..........        T       542        NA         NA
                                                                 WA).
Hudsonia montana.....................  Mountain golden heather  U.S.A. (NC)............  Cistaceae..............        T       107  17.96(a)         NA
Hymenoxys herbacea (=acaulis var.      Lakeside daisy.........  U.S.A. (IL, MI, OH),     Asteraceae.............        T       310        NA         NA
 glabra).                                                        Canada (Ont.).
Hymenoxys texana.....................  Texas prairie dawn-      U.S.A. (TX)............  ......do...............        E       218        NA         NA
                                        flower (=Texas
                                        bitterweed).
Hypericum cumulicola.................  Highlands scrub          U.S.A. (FL)............  Hypericaceae...........        E       256        NA         NA
                                        hypericum.
Ilex cookii..........................  Cook's holly...........  U.S.A. (PR)............  Aquifoliaceae..........        E       277        NA         NA
Ilex sintenisii......................  None...................  ......do...............  ......do...............        E       461        NA         NA
Iliamna corei........................  Peter's Mountain mallow  U.S.A. (VA)............  Malvaceae..............        E       230        NA         NA

[[Page 154]]

 
Ipomopsis sancti-spiritus............  Holy Ghost ipomopsis...  U.S.A. (NM)............  Polemoniaceae..........        E       535        NA         NA
Iris lacustris.......................  Dwarf lake iris........  U.S.A. (MI, WI), Canada  Iridaceae..............        T       330        NA         NA
                                                                 (Ont.).
Ischaemum byrone.....................  Hilo ischaemum.........  U.S.A. (HI)............  Poaceae................        E       532        NA         NA
Isodendrion hosakae..................  Aupaka.................  ......do...............  Violaceae..............        E       414        NA         NA
Isodendrion laurifolium..............  ......do...............  ......do...............  ......do...............        E       592        NA         NA
Isodendrion longifolium..............  ......do...............  ......do...............  ......do...............        T       592        NA         NA
Isodendrion pyrifolium...............  Wahine noho kula.......  ......do...............  ......do...............        E       532        NA         NA
Isotria medeoloides..................  Small whorled pogonia..  U.S.A. (CT, DC, DE, GA,  Orchidaceae............        T  122, 556        NA         NA
                                                                 IL, MA, MD, ME, MI,
                                                                 MO, NC, NH, NJ, NY,
                                                                 PA, RI, SC, TN, VA,
                                                                 VT,WV), Canada (Ont.).
Ivesia kingii var. eremica...........  Ash Meadows ivesia.....  U.S.A. (NV)............  Rosaceae...............        T       181  17.96(a)         NA
Jacquemontia reclinata...............  Beach jacquemontia.....  U.S.A. (FL)............  Convolvulaceae.........        E       523        NA         NA
Jatropha costaricensis...............  Costa Rican jatropha...  Costa Rica.............  Euphorbiaceae..........        E       154        NA         NA
Juglans jamaicensis..................  Nogal or West Indian     U.S.A. (PR), Cuba,       Juglandaceae...........        E       603        NA         NA
                                        walnut.                  Hispaniola.
Justicia cooleyi.....................  Cooley's water-willow..  U.S.A. (FL)............  Acanthaceae............        E       356        NA         NA
Kanaloa kahoolawensis................  Kohe malama malama o     U.S.A. (HI)............  Fabaceae...............        E       666        NA         NA
                                        kanaloa.
Kokia cookei.........................  Cooke's koki`o.........  U.S.A. (HI)............  Malvaceae..............        E        74        NA         NA
Kokia drynarioides...................  Koki`o (=hau-hele`ula    ......do...............  ......do...............        E       167  17.96(a)         NA
                                        or Hawaii tree cotton).
Kokia kauaiensis.....................  Koki`o.................  ......do...............  ......do...............        E       590        NA         NA
Labordia cyrtandrae..................  Kamakahala.............  ......do...............  Loganiaceae............        E       591        NA         NA
Labordia lydgatei....................  ......do...............  ......do...............  ......do...............        E       436        NA         NA
Labordia tinifolia var. lanaiensis...  ......do...............  ......do...............  ......do...............        E       666        NA         NA
Labordia tinifolia var. wahiawaensis.  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Labordia triflora....................  ......do...............  ......do...............  ......do...............        E       666        NA         NA
Lasthenia burkei.....................  Burke's goldfields.....  U.S.A. (CA)............  Asteraceae.............        E       453        NA         NA
Lasthenia conjugens..................  Contra Costa goldfields  ......do...............  ......do...............        E       619        NA         NA
Layia carnosa........................  Beach layia............  ......do...............  ......do...............        E       472        NA         NA
Lembertia congdonii..................  San Joaquin wooly-       ......do...............  ......do...............        E       395        NA         NA
                                        threads.
Lepanthes eltoroensis................  None...................  U.S.A. (PR)............  Orchidaceae............        E       451        NA         NA
Lepidium arbuscula...................  `Anaunau...............  U.S.A. (HI)............  Brassicaceae...........        E       591        NA         NA
Lepidium barnebyanum.................  Barneby ridge-cress      U.S.A. (UT)............  ......do...............        E       402        NA         NA
                                        (=peppercress).
Leptocereus grantianus...............  None...................  U.S.A. (PR)............  Cactaceae..............        E       491        NA         NA
Lespedeza leptostachya...............  Prairie bush-clover....  U.S.A. (IA, IL, MN, WI)  Fabaceae...............        T       254        NA         NA
Lesquerella congesta.................  Dudley Bluffs            U.S.A. (CO)............  Brassicaceae...........        T       374        NA         NA
                                        bladderpod.
Lesquerella filiformis...............  Missouri bladderpod....  U.S.A. (AR, MO)........  ......do...............        E       253        NA         NA
Lesquerella kingii ssp. bernardina...  San Bernardino           U.S.A. (CA)............  ......do...............        E       548        NA         NA
                                        Mountains bladderpod.
Lesquerella lyrata...................  Lyrate bladderpod......  U.S.A. (AL)............  ......do...............        T       403        NA         NA
Lesquerella pallida..................  White bladderpod.......  U.S.A. (TX)............  ......do...............        E       260        NA         NA
Lesquerella perforata................  Spring Creek bladderpod  U.S.A. (TN)............  ......do...............        E       599        NA         NA
Lesquerella tumulosa.................  Kodachrome bladderpod..  U.S.A. (UT)............  ......do...............        E       519        NA         NA

[[Page 155]]

 
Lessingia germanorum (=L. g. var.      San Francisco lessingia  U.S.A. (CA)............  Asteraceae.............        E       620        NA         NA
 germanorum).
Liatris helleri......................  Heller's blazingstar...  U.S.A. (NC)............  ......do...............        T       300        NA         NA
Liatris ohlingerae...................  Scrub blazingstar......  U.S.A. (FL)............  ......do...............        E       356        NA         NA
Lilaeopsis schaffneriana var. recurva  Huachuca water-umbel...  U.S.A. (AZ), Mexico....  Apiaceae...............        E       600  17.96(a)         NA
Lilium occidentale...................  Western lily...........  U.S.A. (OR, CA)........  Liliaceae..............        E       544        NA         NA
Lilium pardalinum ssp. pitkinense....  Pitkin Marsh lily......  U.S.A. (CA)............  ......do...............        E       625        NA         NA
Limnanthes floccosa ssp. californica.  Butte County meadowfoam  ......do...............  Limnanthaceae..........        E       471        NA         NA
Limnanthes vinculans.................  Sebastopol meadowfoam..  ......do...............  ......do...............        E       453        NA         NA
Lindera melissifolia.................  Pondberry..............  U.S.A. (AL, AR, FL, GA,  Lauraceae..............        E       240        NA         NA
                                                                 LA, MO, MS, NC, SC).
Lipochaeta fauriei...................  Nehe...................  U.S.A. (HI)............  Asteraceae.............        E       530        NA         NA
Lipochaeta kamolensis................  ......do...............  ......do...............  ......do...............        E       467        NA         NA
Lipochaeta lobata var. leptophylla...  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Lipochaeta micrantha.................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Lipochaeta tenuifolia................  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Lipochaeta venosa....................  None...................  ......do...............  ......do...............        E        73        NA         NA
Lipochaeta waimeaensis...............  Nehe...................  ......do...............  ......do...............        E       530        NA         NA
Lithophragma maximum.................  San Clemente Island      U.S.A. (CA)............  Saxifragaceae..........        E       624        NA         NA
                                        woodland-star.
Lobelia gaudichaudii ssp. koolauensis  None...................  U.S.A. (HI)............  Campanulaceae..........        E       591        NA         NA
Lobelia monostachya..................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Lobelia niihauensis..................  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Lobelia oahuensis....................  ......do...............  ......do...............  ......do...............        E       536        NA         NA
Lomatium bradshawii..................  Bradshaw's desert-       U.S.A. (OR,WA).........  Apiaceae...............        E       333        NA         NA
                                        parsley (=lomatium).
Lotus dendroideus (=scoparius) ssp.    San Clemente Island      U.S.A. (CA)............  Fabaceae...............        E        26        NA         NA
 traskiae.                              broom.
Lupinus aridorum.....................  Scrub lupine...........  U.S.A. (FL)............  ......do...............        E       264        NA         NA
Lupinus tidestromii..................  Clover lupine..........  U.S.A. (CA)............  ......do...............        E       472        NA         NA
Lyonia truncata var. proctorii.......  None...................  U.S.A. (PR)............  Ericaceae..............        E       501        NA         NA
Lysimachia asperulaefolia............  Rough-leaved             U.S.A. (NC, SC)........  Primulaceae............        E       274        NA         NA
                                        loosestrife.
Lysimachia filifolia.................  None...................  U.S.A. (HI)............  ......do...............        E       530        NA         NA
Lysimachia lydgatei..................  ......do...............  ......do...............  ......do...............        E       467        NA         NA
Lysimachia maxima (=ternifolia)......  ......do...............  ......do...............  ......do...............        E       594        NA         NA
Macbridea alba.......................  White birds-in-a-nest..  U.S.A. (FL)............  Lamiaceae..............        T       463        NA         NA
Malacothamnus clementinus............  San Clemente Island      U.S.A. (CA)............  Malvaceae..............        E        26        NA         NA
                                        bush-mallow.
Malacothamnus fasciculatus var.        Santa Cruz Island        ......do...............  ......do...............        E       623        NA         NA
 nesioticus.                            bushmallow.
Malacothrix indecora.................  Santa Cruz Island        ......do...............  Asteraceae.............        E       623        NA         NA
                                        malocothrix.
Malacothrix squalida.................  Island malacothrix.....  ......do...............  ......do...............        E       623        NA         NA
Manihot walkerae.....................  Walker's manioc........  U.S.A. (TX), Mexico....  Euphorbiaceae..........        E       445        NA         NA
Mariscus fauriei.....................  None...................  U.S.A. (HI)............  Cyperaceae.............        E       532        NA         NA
Mariscus pennatiformis...............  ......do...............  ......do...............  ......do...............        E       559        NA         NA
Marshallia mohrii....................  Mohr's Barbara's         U.S.A. (AL, GA)........  Asteraceae.............        T       324        NA         NA
                                        buttons.
Melicope adscendens..................  Alani..................  U.S.A. (HI)............  Rutaceae...............        E       565        NA         NA
Melicope balloui.....................  ......do...............  ......do...............  ......do...............        E       565        NA         NA

[[Page 156]]

 
Melicope haupuensis..................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Melicope knudsenii...................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Melicope (=Pelea) lydgatei...........  ......do...............  ......do...............  ......do...............        E       536        NA         NA
Melicope (=Pelea) mucronulata........  ......do...............  ......do...............  ......do...............        E       467        NA         NA
Melicope munroi......................  ......do...............  ......do...............  ......do...............        E       666        NA         NA
Melicope ovalis......................  ......do...............  ......do...............  ......do...............        E       565        NA         NA
Melicope pallida.....................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Melicope quadrangularis..............  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Melicope reflexa.....................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Melicope saint-johnii................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Melicope zahlbruckneri...............  ......do...............  ......do...............  ......do...............        E       595        NA         NA
Mentzelia leucophylla................  Ash Meadows blazing-     U.S.A. (NV)............  Loasaceae..............        T       181  17.96(a)         NA
                                        star.
Mimulus glabratus var. michiganensis.  Michigan monkey-flower.  U.S.A. (MI)............  Scrophulariaceae.......        E       392        NA         NA
Mirabilis macfarlanei................  MacFarlane's four-       U.S.A. (ID, OR)........  Nyctaginaceae..........        T   66, 581        NA         NA
                                        o'clock.
Mitracarpus maxwelliae...............  None...................  U.S.A. (PR)............  Rubiaceae..............        E       551        NA         NA
Mitracarpus polycladus...............  ......do...............  U.S.A. (PR), Saba......  ......do...............        E       551        NA         NA
Monardella linoides ssp. viminea.....  Willowy monardella.....  U.S.A. (CA), Mexico....  Lamiaceae..............        E       649        NA         NA
Munroidendron racemosum..............  None...................  U.S.A. (HI)............  Araliaceae.............        E       530        NA         NA
Myrcia paganii.......................  ......do...............  U.S.A. (PR)............  Myrtaceae..............        E       529        NA         NA
Myrsine juddii.......................  Kolea..................  U.S.A. (HI)............  Myrsinaceae............        E       591        NA         NA
Myrsine linearifolia.................  ......do...............  ......do...............  ......do...............        T       590        NA         NA
Navarretia fossalis..................  Spreading navarretia...  U.S.A. (CA), Mexico      Polemoniaceae..........        T       650        NA         NA
                                                                 (Baja California).
Navarretia leucocephala ssp.           Few-flowered navarretia  U.S.A. (CA)............  ......do...............        E       619        NA         NA
 pauciflora (=N. pauciflora).
Navarretia leucocephala ssp.           Many-flowered            ......do...............  ......do...............        E       619        NA         NA
 plieantha.                             navarretia.
Neostapfia colusana..................  Colusa grass...........  ......do...............  Poaceae................        T       611        NA         NA
Neraudia angulata....................  None...................  U.S.A. (HI)............  Urticaceae.............        E       448        NA         NA
Neraudia ovata.......................  ......do...............  ......do...............  ......do...............        E       595        NA         NA
Neraudia sericea.....................  ......do...............  ......do...............  ......do...............        E       559        NA         NA
Nitrophila mohavensis................  Amargosa niterwort.....  U.S.A. (CA, NV)........  Chenopodiaceae.........        E       181  17.96(a)         NA
Nolina brittoniana...................  Britton's beargrass....  U.S.A. (FL)............  Agavaceae..............        E       500        NA         NA
Nothocestrum breviflorum.............  `Aiea..................  U.S.A. (HI)............  Solanaceae.............        E       532        NA         NA
Nothocestrum peltatum................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Nototrichium humile..................  Kulu`i.................  ......do...............  Amaranthaceae..........        E       448        NA         NA
Ochrosia kilaueaensis................  Holei..................  ......do...............  Apocynaceae............        E       532        NA         NA
Oenothera avita ssp. eurekensis......  Eureka Valley evening-   U.S.A. (CA)............  Onagraceae.............        E        39        NA         NA
                                        primrose.
Oenothera deltoides ssp. howellii....  Antioch Dunes evening-   ......do...............  ......do...............        E        39  17.96(a)         NA
                                        primrose.
Opuntia treleasei....................  Bakersfield cactus.....  ......do...............  Cactaceae..............        E       395        NA         NA
Orcuttia californica.................  California Orcutt grass  ......do...............  Poaceae................        E       512        NA         NA
Orcuttia inaequalis..................  San Joaquin Valley       ......do...............  ......do...............        T       611        NA         NA
                                        Orcutt grass.
Orcuttia pilosa......................  Hairy Orcutt grass.....  ......do...............  ......do...............        E       611        NA         NA
Orcuttia tenuis......................  Slender Orcutt grass...  ......do...............  ......do...............        T       611        NA         NA
Orcuttia viscida.....................  Sacramento Orcutt grass  ......do...............  ......do...............        E       611        NA         NA

[[Page 157]]

 
Ottoschulzia rhodoxylon..............  Palo de rosa...........  U.S.A. (PR), Dominican   Icacinaceae............        E       385        NA         NA
                                                                 Republic.
Oxypolis canbyi......................  Canby's dropwort.......  U.S.A. (DE, GA, MD, NC,  Apiaceae...............        E       217        NA         NA
                                                                 SC).
Oxytheca parishii var. goodmaniana...  Cushenbury oxytheca....  U.S.A. (CA)............  Polygonaceae...........        E       548        NA         NA
Oxytropis campestris var. chartacea..  Fassett's locoweed.....  U.S.A. (WI)............  Fabaceae...............        T       329        NA         NA
Panicum fauriei var. carteri.........  Carter's panicgrass....  U.S.A. (HI)............  Poaceae................        E       133  17.96(a)         NA
Panicum niihauense...................  Lau `ehu...............  ......do...............  ......do...............        E       592        NA         NA
Paronychia chartacea (=Nyachia         Papery whitlow-wort....  U.S.A. (FL)............  Caryophyllaceae........        T       256        NA         NA
 pulvinata).
Parvisedum leiocarpum................  Lake County stonecrop..  U.S.A. (CA)............  Crassulaceae...........        E       619        NA         NA
Pedicularis furbishiae...............  Furbish lousewort......  U.S.A. (ME), Canada      Scrophulariaceae.......        E        39        NA         NA
                                                                 (N.B.).
Pediocactus (=Toumeya) bradyi........  Brady pincushion cactus  U.S.A. (AZ)............  Cactaceae..............        E        63        NA         NA
Pediocactus despainii................  San Rafael cactus......  U.S.A. (UT)............  ......do...............        E       286        NA         NA
Pediocactus (=Toumeya) knowltonii      Knowlton cactus........  U.S.A. (CO, NM)........  ......do...............        E        72        NA         NA
 (=P. bradyi var. k.).
Pediocactus (=Echinocactus, =Navajoa,  Peebles Navajo cactus..  U.S.A. (AZ)............  ......do...............        E        69        NA         NA
 =Toumeya, =Utahia) peeblesianus var.
 peeblesianus.
Pediocactus (=Echinocactus, =Utahia)   Siler pincushion cactus  U.S.A. (AZ, UT)........  ......do...............        T   64, 524        NA         NA
 sileri.
Pediocactus winkleri.................  Winkler cactus.........  U.S.A. (UT)............  ......do...............        T       641        NA         NA
Penstemon haydenii...................  Blowout penstemon......  U.S.A. (NE)............  Scrophulariaceae.......        E       285        NA         NA
Penstemon penlandii..................  Penland beardtongue....  U.S.A. (CO)............  ......do...............        E       353        NA         NA
Pentachaeta bellidiflora.............  White-rayed pentachaeta  U.S.A. (CA)............  Asteraceae.............        E       575        NA         NA
Pentachaeta lyonii...................  Lyon's pentachaeta.....  ......do...............  ......do...............        E       606        NA         NA
Peperomia wheeleri...................  Wheeler's peperomia....  U.S.A. (PR)............  Piperaceae.............        E       255        NA         NA
Peucedanum sandwicense...............  Makou..................  U.S.A. (HI)............  Apiaceae...............        T       530        NA         NA
Phacelia argillacea..................  Clay phacelia..........  U.S.A. (UT)............  Hydrophyllaceae........        E        44        NA         NA
Phacelia formosula...................  North Park phacelia....  U.S.A. (CO)............  ......do...............        E       121        NA         NA
Phacelia insularis ssp. insularis....  Island phacelia........  U.S.A. (CA)............  ......do...............        E       623        NA         NA
Phlox nivalis ssp. texensis..........  Texas trailing phlox...  U.S.A. (TX)............  Polemoniaceae..........        E       440        NA         NA
Phyllostegia glabra var. lanaiensis..  None...................  U.S.A. (HI)............  Lamiaceae..............        E       435        NA         NA
Phyllostegia mannii..................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Phyllostegia mollis..................  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Phyllostegia waimeae.................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Phyllostegia racemosa................  Kiponapona.............  ......do...............  ......do...............        E       595        NA         NA
Phyllostegia velutina................  None...................  ......do...............  ......do...............        E       595        NA         NA
Phyllostegia warshaueri..............  ......do...............  ......do...............  ......do...............        E       595        NA         NA
Phyllostegia hirsuta.................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Phyllostegia knudsenii...............  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Phyllostegia parviflora..............  ......do...............  ......do...............  ......do...............        E       592        NA         NA
Phyllostegia wawrana.................  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Phyllostegia kaalaensis..............  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Physaria obcordata...................  Dudley Bluffs twinpod..  U.S.A. (CO)............  Brassicaceae...........        T       374        NA         NA
Pilosocereus (=Cereus) robinii.......  Key tree-cactus........  U.S.A. (FL), Cuba......  Cactaceae..............        E       153        NA         NA
Pinguicula ionantha..................  Godfrey's butterwort...  U.S.A. (FL)............  Lentibulariaceae.......        T       507        NA         NA
Piperia yadonii......................  Yadon's piperia........  U.S.A. (CA)............  Orchidaceae............        E       640        NA         NA
Pityopsis (=Heterotheca, =Chrysopsis)  Ruth's golden aster....  U.S.A. (TN)............  Asteraceae.............        E       191        NA         NA
 ruthii.

[[Page 158]]

 
Plagiobothrys strictus...............  Calistoga allocarya....  U.S.A. (CA)............  Boraginaceae...........        E       625        NA         NA
Plantago hawaiensis..................  Laukahi kuahiwi........  U.S.A. (HI)............  Plantaginaceae.........        E       532        NA         NA
Plantago princeps....................  ......do...............  ......do...............  ......do...............        E       559        NA         NA
Platanthera holochila................  None...................  ......do...............  Orchidaceae............        E       592        NA         NA
Platanthera leucophaea...............  Eastern prairie fringed  U.S.A. (AR, IA, IL, IN,  ......do...............        T       368        NA         NA
                                        orchid.                  ME, MI, MO, NE, NJ,
                                                                 NY, OH, OK, PA, VA,
                                                                 WI), Canada (Ont.,
                                                                 N.B.).
Platanthera praeclara................  Western prairie fringed  U.S.A. (IA, KS, MN, MO,  ......do...............        T       368        NA         NA
                                        orchid.                  ND, NE, OK, SD),
                                                                 Canada (Man.).
Pleodendron macranthum...............  Chupacallos              U.S.A. (PR)............  Canellaceae............        E       564        NA         NA
                                        (=chupagallo).
Pleomele hawaiiensis.................  Hala pepe..............  U.S.A. (HI)............  Liliaceae..............        E       595        NA         NA
Poa atropurpurea.....................  San Bernardino           U.S.A. (CA)............  Poaceae................        E       644        NA         NA
                                        bluegrass.
Poa mannii...........................  Mann's bluegrass.......  U.S.A. (HI)............  ......do...............        E       558        NA         NA
Poa napensis.........................  Napa bluegrass.........  U.S.A. (CA)............  ......do...............        E       625        NA         NA
Poa sandvicensis.....................  Hawaiian bluegrass.....  U.S.A. (HI)............  ......do...............        E       464        NA         NA
Poa siphonoglossa....................  None...................  ......do...............  ......do...............        E       464        NA         NA
Pogogyne abramsii....................  San Diego mesa mint....  U.S.A. (CA)............  Lamiaceae..............        E        44        NA         NA
Pogogyne nudiuscula..................  Otay mesa mint.........  U.S.A. (CA), Mexico      ......do...............        E       512        NA         NA
                                                                 (Baja California).
Polygala lewtonii....................  Lewton's polygala......  U.S.A. (FL)............  Polygalaceae...........        E       500        NA         NA
Polygala smallii.....................  Tiny polygala..........  ......do...............  ......do...............        E       192        NA         NA
Polygonella basiramia (=ciliata var.   Wireweed...............  ......do...............  Polygonaceae...........        E       256        NA         NA
 b.).
Polygonella myriophylla..............  Sandlace...............  ......do...............  ......do...............        E       500        NA         NA
Portulaca sclerocarpa................  Po`e...................  U.S.A. (HI)............  Portulacaceae..........        E       532        NA         NA
Potamogeton clystocarpus.............  Little Aguja pondweed..  U.S.A. (TX)............  Potamogetonaceae.......        E       450        NA         NA
Potentilla hickmanii.................  Hickman's potentilla...  U.S.A. (CA)............  Rosaceae...............        E       640        NA         NA
Potentilla robbinsiana...............  Robbins' cinquefoil....  U.S.A. (NH, VT)........  ......do...............        E       104  17.96(a)         NA
Primula maguirei.....................  Maguire primrose.......  U.S.A. (UT)............  Primulaceae............        T       199        NA         NA
Pritchardia affinis..................  Loulu..................  U.S.A. (HI)............  Arecaceae..............        E       532        NA         NA
Pritchardia aylmer-robinsonii........  Wahane (=Hawane or       ......do...............  ......do...............        E       586        NA         NA
                                        lo`ulu).
Pritchardia kaalae...................  Loulu..................  ......do...............  ......do...............        E       591        NA         NA
Pritchardia munroi...................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Pritchardia napaliensis..............  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Pritchardia remota...................  ......do...............  ......do...............  ......do...............        E       587        NA         NA
Pritchardia schattaueri..............  ......do...............  ......do...............  ......do...............        E       595        NA         NA
Pritchardia viscosa..................  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Prunus geniculata....................  Scrub plum.............  U.S.A. (FL)............  Rosaceae...............        E       256        NA         NA
Pseudobahia bahiifolia...............  Hartweg's golden         U.S.A. (CA)............  Asteraceae.............        E       609        NA         NA
                                        sunburst.
Pseudobahia peirsonii................  San Joaquin adobe        ......do...............  ......do...............        T       609        NA         NA
                                        sunburst.
Pteralyxia kauaiensis................  Kaulu..................  U.S.A. (HI)............  Apocynaceae............        E       530        NA         NA
Ptilimnium nodosum (=fluviatile).....  Harperella.............  U.S.A. (AL, AR, GA, MD,  Apiaceae...............        E       332        NA         NA
                                                                 NC, SC, WV).
Purshia (=Cowania) subintegra........  Arizona cliffrose......  U.S.A. (AZ)............  Rosaceae...............        E       148        NA         NA
Quercus hinckleyi....................  Hinckley's oak.........  U.S.A. (TX)............  Fagaceae...............        T       318        NA         NA

[[Page 159]]

 
Ranunculus acriformis var. aestivalis  Autumn buttercup.......  U.S.A. (UT)............  Ranunculaceae..........        E       355        NA         NA
 (=acris var. a.).
Remya kauaiensis.....................  None...................  U.S.A. (HI)............  Asteraceae.............        E       413        NA         NA
Remya mauiensis......................  Maui remya.............  ......do...............  ......do...............        E       413        NA         NA
Remya montgomeryi....................  None...................  ......do...............  ......do...............        E       413        NA         NA
Rhododendron chapmanii...............  Chapman rhododendron...  U.S.A. (FL)............  Ericaceae..............        E        47        NA         NA
Rhus michauxii.......................  Michaux's sumac........  U.S.A. (GA, NC, SC, VA)  Anacardiaceae..........        E       367        NA         NA
Rhynchospora knieskernii.............  Knieskern's beaked-rush  U.S.A. (DE, NJ)........  Cyperaceae.............        T       429        NA         NA
Ribes echinellum.....................  Miccosukee gooseberry..  U.S.A. (FL, SC)........  Saxifragaceae..........        T       190        NA         NA
Rorippa gambellii....................  Gambel's watercress....  U.S.A. (CA)............  Brassicaceae...........        E       511        NA         NA
Sagittaria fasciculata...............  Bunched arrowhead......  U.S.A. (NC, SC)........  Alismataceae...........        E        53        NA         NA
Sagittaria secundifolia..............  Kral's water-plantain..  U.S.A. (AL, GA)........  ......do...............        T       386        NA         NA
Sanicula mariversa...................  None...................  U.S.A. (HI)............  Apiaceae...............        E       448        NA         NA
Sanicula purpurea....................  ......do...............  ......do...............  ......do...............        E       592        NA         NA
Santalum freycinetianum var.           Lanai sandalwood         ......do...............  Santalaceae............        E       215        NA         NA
 lanaiense.                             or`iliahi.
Sarracenia oreophila.................  Green pitcher-plant....  U.S.A. (AL, GA, NC, TN)  Sarraceniaceae.........        E    56, 89        NA         NA
Sarracenia rubra ssp. alabamensis      Alabama canebrake        U.S.A. (AL)............  ......do...............        E       346        NA         NA
 (=alabamensis ssp.a.).                 pitcher-plant.
Sarracenia rubra ssp. jonesii (=S.     Mountain sweet pitcher-  U.S.A. (NC, SC)........  ......do...............        E       339        NA         NA
 jonesii).                              plant.
Scaevola coriacea....................  Dwarf naupaka..........  U.S.A. (HI)............  Goodeniaceae...........        E       231        NA         NA
Schiedea adamantis...................  Diamond Head schiedea..  ......do...............  Caryophyllaceae........        E       141        NA         NA
Schiedea apokremnos..................  Ma`oli`oli.............  ......do...............  ......do...............        E       441        NA         NA
Schiedea haleakalensis...............  None...................  ......do...............  ......do...............        E       467        NA         NA
Schiedea helleri.....................  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Schiedea hookeri.....................  ......do...............  ......do...............  ......do...............        E       592        NA         NA
Schiedea kaalae......................  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Schiedea kauaiensis..................  ......do...............  ......do...............  ......do...............        E       592        NA         NA
Schiedea kealiae.....................  Ma`oli`oli.............  ......do...............  ......do...............        E       591        NA         NA
Schiedea lydgatei....................  None...................  ......do...............  ......do...............        E       480        NA         NA
Schiedea membranacea.................  ......do...............  ......do...............  ......do...............        E       590        NA         NA
Schiedea nuttallii...................  ......do...............  ......do...............  ......do...............        E       592        NA         NA
Schiedea sarmentosa..................  ......do...............  ......do...............  ......do...............        E       594        NA         NA
Schiedea spergulina var. leiopoda....  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Schiedea spergulina var. spergulina..  ......do...............  ......do...............  ......do...............        T       530        NA         NA
Schiedea stellarioides...............  Laulihilihi              ......do...............  ......do...............        E       590        NA         NA
                                        (=Ma`oli`oli).
Schiedea verticillata................  None...................  ......do...............  ......do...............        E       587        NA         NA
Schoenocrambe argillacea.............  Clay reed-mustard......  U.S.A. (UT)............  Brassicaceae...........        T       457        NA         NA
Schoenocrambe barnebyi...............  Barneby reed-mustard...  ......do...............  ......do...............        E       457        NA         NA
Schoenocrambe (=Glaucocarpum)          Shrubby reed-mustard     ......do...............  ......do...............        E       293        NA         NA
 suffrutescens.                         (=toad-flax cress).
Schoepfia arenaria...................  None...................  U.S.A. (PR)............  Olacaceae..............        T       420        NA         NA
Schwalbea americana..................  American chaffseed.....  U.S.A. (AL, CT, DE, FL,  Scrophulariaceae.......        E       478        NA         NA
                                                                 GA, LA, MA, MD, MI,
                                                                 MS, NC, NJ, NY, SC,
                                                                 TN, VA).
Scirpus ancistrochaetus..............  Northeastern (=Barbed    U.S.A. (MA, MD, NH, NY,  Cyperaceae.............        E       425        NA         NA
                                        bristle) bulrush.        PA, VA, VT, WV).

[[Page 160]]

 
Sclerocactus (=Echinocactus,           Uinta Basin hookless     U.S.A. (CO, UT)........  Cactaceae..............        T        59        NA         NA
 =Pediocactus) glaucus (=whipplei       cactus.
 var.g., =subglaucus, =franklinii ).
Sclerocactus (=Coloradoa,              Mesa Verde cactus......  U.S.A. (CO, NM)........  ......do...............        T        75        NA         NA
 =Echinocactus, =Pediocactus) mesae-
 verdae.
Sclerocactus (=Pediocactus) wrightiae  Wright fishhook cactus.  U.S.A. (UT)............  ......do...............        E        58        NA         NA
Scutellaria floridana................  Florida skullcap.......  U.S.A. (FL)............  Lamiaceae..............        T       463        NA         NA
Scutellaria montana..................  Large-flowered skullcap  U.S.A. (GA, TN)........  ......do...............        E       234        NA         NA
Sedum integrifolium ssp. leedyi......  Leedy's roseroot.......  U.S.A. (MN, NY)........  Crassulaceae...........        T       460        NA         NA
Senecio franciscanus.................  San Francisco Peaks      U.S.A. (AZ)............  Asteraceae.............        T       137  17.96(a)         NA
                                        groundsel.
Senecio layneae......................  Layne's butterweed.....  U.S.A. (CA)............  ......do...............        T       596        NA         NA
Serianthes nelsonii..................  Hayun lagu (Guam),       Western Pacific Ocean--  Fabaceae...............        E  257, 259        NA         NA
                                        Tronkon guafi (Rota).    U.S.A. (GU, MP--Rota).
Sesbania tomentosa...................  `Ohai..................  U.S.A. (HI)............  ......do...............        E       559        NA         NA
Sibara filifolia.....................  Santa Cruz Island        U.S.A. (CA)............  Brassicaceae...........        E       624        NA         NA
                                        rockcress.
Sicyos alba..........................  `Anunu.................  U.S.A. (HI)............  Cucurbitaceae..........        E       595        NA         NA
Sidalcea nelsoniana..................  Nelson's checker-mallow  U.S.A. (OR, WA)........  Malvaceae..............        T       490        NA         NA
Sidalcea oregana ssp. valida.........  Kenwood Marsh checker-   U.S.A. (CA)............  ......do...............        E       625        NA         NA
                                        mallow.
Sidalcea pedata......................  Pedate checker-mallow..  ......do...............  ......do...............        E       158        NA         NA
Silene alexandri.....................  None...................  U.S.A. (HI)............  Caryophyllaceae........        E       480        NA         NA
Silene hawaiiensis...................  ......do...............  ......do...............  ......do...............        T       532        NA         NA
Silene lanceolata....................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Silene perlmanii.....................  ......do...............  ......do...............  ......do...............        E       448        NA         NA
Silene polypetala....................  Fringed campion........  U.S.A. (FL, GA)........  ......do...............        E       418        NA         NA
Sisyrinchium dichotomum..............  White irisette.........  U.S.A. (NC)............  Iridaceae..............        E       438        NA         NA
Solanum drymophilum..................  Erubia.................  U.S.A. (PR)............  Solanaceae.............        E       319        NA         NA
Solanum incompletum..................  Popolo ku mai..........  U.S.A. (HI)............  ......do...............        E       559        NA         NA
Solanum sandwicense..................  `Aiakeakua, popolo.....  ......do...............  ......do...............        E       530        NA         NA
Solidago albopilosa..................  White-haired goldenrod.  U.S.A. (KY)............  Asteraceae.............        T       308        NA         NA
Solidago houghtonii..................  Houghton's goldenrod...  U.S.A. (MI), Canada      ......do...............        T       314        NA         NA
                                                                 (Ont.).
Solidago shortii.....................  Short's goldenrod......  U.S.A. (KY)............  ......do...............        E       201        NA         NA
Solidago spithamaea..................  Blue Ridge goldenrod...  U.S.A. (NC, TN)........  ......do...............        T       175        NA         NA
Spermolepis hawaiiensis..............  None...................  U.S.A. (HI)............  Apiaceae...............        E       559        NA         NA
Spigelia gentianoides................  Gentian pinkroot.......  U.S.A. (AL, FL)........  Loganiaceae............        E       406        NA         NA
Spiraea virginiana...................  Virginia spiraea.......  U.S.A. (GA, KY, NC, OH,  Rosaceae...............        T       389        NA         NA
                                                                 PA, TN, VA, WV).
Spiranthes delitescens...............  Canelo Hills ladies'-    U.S.A. (AZ)............  Orchidaceae............        E       600        NA         NA
                                        tresses.
Spiranthes diluvialis................  Ute ladies'-tresses....  U.S.A. (CO, ID, MT, NE,  ......do...............        T       458        NA         NA
                                                                 NV, UT, WA, WY).
Spiranthes parksii...................  Navasota ladies'-        U.S.A. (TX)............  ......do...............        E       116        NA         NA
                                        tresses.
Stahlia monosperma...................  Cobana negra...........  U.S.A. (PR), Dominican   Fabaceae...............        T       380        NA         NA
                                                                 Republic.
Stenogyne angustifolia var.            None...................  U.S.A. (HI)............  Lamiaceae..............        E        73        NA         NA
 angustifolia.

[[Page 161]]

 
Stenogyne bifida.....................  ......do...............  ......do...............  ......do...............        E       480        NA         NA
Stenogyne campanulata................  ......do...............  ......do...............  ......do...............        E       464        NA         NA
Stenogyne kanehoana..................  ......do...............  ......do...............  ......do...............        E       466        NA         NA
Stephanomeria malheurensis...........  Malheur wire-lettuce...  U.S.A. (OR)............  Asteraceae.............        E       126  17.96(a)         NA
Streptanthus albidus ssp. albidus....  Metcalf Canyon           U.S.A. (CA)............  Brassicaceae...........        E       575        NA         NA
                                        jewelflower.
Streptanthus niger...................  Tiburon jewelflower....  ......do...............  ......do...............        E       575        NA         NA
Styrax portoricensis.................  Palo de jazmin.........  U.S.A. (PR)............  Styracaceae............        E       461        NA         NA
Styrax texanus.......................  Texas snowbells........  U.S.A. (TX)............  ......do...............        E       162        NA         NA
Suaeda californica...................  Seablite, California...  U.S.A. (CA)............  Chenopodiaceae.........        E       567        NA         NA
Swallenia alexandrae.................  Eureka Dune grass......  ......do...............  Poaceae................        E        39        NA         NA
Taraxacum californicum...............  California taraxacum...  ......do...............  Asteraceae.............        E       644        NA         NA
Ternstroemia luquillensis............  Palo colorado..........  U.S.A. (PR)............  Theaceae...............        E       461        NA         NA
Ternstroemia subsessilis.............  None...................  ......do...............  ......do...............        E       461        NA         NA
Tetramolopium arenarium..............  ......do...............  U.S.A. (HI)............  Asteraceae.............        E       532        NA         NA
Tetramolopium capillare..............  Pamakani...............  ......do...............  ......do...............        E       555        NA         NA
Tetramolopium filiforme..............  None...................  ......do...............  ......do...............        E       448        NA         NA
Tetramolopium lepidotum ssp.           ......do...............  ......do...............  ......do...............        E       448        NA         NA
 lepidotum.
Tetramolopium remyi..................  ......do...............  ......do...............  ......do...............        E       435        NA         NA
Tetramolopium rockii.................  ......do...............  ......do...............  ......do...............        T       480        NA         NA
Tetraplasandra gymnocarpa............  `Ohe`ohe...............  ......do...............  Araliaceae.............        E       536        NA         NA
Thalictrum cooleyi...................  Cooley's meadowrue.....  U.S.A. (FL, NC)........  Ranunculaceae..........        E       344        NA         NA
Thelypodium howellii ssp. spectabilis  Howell's spectacular     U.S.A. (OR)............  Brassicaceae mustard...        T       662        NA         NA
                                        thelypody.
Thelypodium stenopetalum.............  Slender-petaled mustard  U.S.A. (CA)............  ......do...............        E       158        NA         NA
Thymophylla (=Dyssodia) tephroleuca..  Ashy dogweed...........  U.S.A. (TX)............  Asteraceae.............        E       152        NA         NA
Thysanocarpus conchuliferus..........  Santa Cruz Island        U.S.A. (CA)............  Brassicaceae...........        E       623        NA         NA
                                        fringepod (=lacepod).
Townsendia aprica....................  Last Chance townsendia.  U.S.A. (UT)............  Asteraceae.............        T       200        NA         NA
Trematolobelia singularis............  None...................  U.S.A. (HI)............  Campanulaceae..........        E       591        NA         NA
Trichilia triacantha.................  Bariaco (=guayabacon)..  U.S.A. (PR)............  Meliaceae..............        E       303        NA         NA
Trichostema austromontanum ssp.        Hidden Lake bluecurls..  U.S.A. (CA)............  Lamiaceae..............        T       644        NA         NA
 compactum.
Trifolium amoenum....................  Showy Indian clover....  ......do...............  Fabaceae...............        E       625        NA         NA
Trifolium stoloniferum...............  Running buffalo clover.  U.S.A. (AR, IL, IN, KS,  ......do...............        E       270        NA         NA
                                                                 KY, MO, OH, WV).
Trifolium trichocalyx................  Monterey clover........  U.S.A. (CA)............  ......do...............        E       640        NA         NA
Trillium persistens..................  Persistent trillium....  U.S.A. (GA, SC)........  Liliaceae..............        E        39        NA         NA
Trillium reliquum....................  Relict trillium........  U.S.A. (AL, GA, SC)....  ......do...............        E       306        NA         NA
Tuctoria greenei.....................  Greene's tuctoria......  U.S.A. (CA.............  Poaceae................        E       611        NA         NA
Tuctoria (=Orcuttia) mucronata.......  Solano grass...........  U.S.A. (CA)............  ......do...............        E        44        NA         NA
Urera kaalae.........................  Opuhe..................  U.S.A. (HI)............  Urticaceae.............        E       448        NA         NA
Verbena californica..................  Red Hills vervain......  U.S.A. (CA)............  Verbenaceae............        T       643        NA         NA
Verbesina dissita....................  Big-leaved crownbeard..  U.S.A. (CA), Mexico....  Asteraceae.............        T       589        NA         NA
Vernonia proctorii...................  None...................  U.S.A. (PR)............  ......do...............        E       501        NA         NA
Vicia menziesii......................  Hawaiian vetch.........  U.S.A. (HI)............  Fabaceae...............        E        39        NA         NA
Vigna o-wahuensis....................  None...................  ......do...............  ......do...............        E       559        NA         NA
Viola chamissoniana ssp.               Pamakani...............  ......do...............  Violaceae..............        E       448        NA         NA
 chamissoniana.

[[Page 162]]

 
Viola helenae........................  None...................  ......do...............  ......do...............        E       436        NA         NA
Viola kauaiensis var. wahiawaensis...  Nani wai`ale`ale.......  ......do...............  ......do...............        E       590        NA         NA
Viola lanaiensis.....................  None...................  ......do...............  ......do...............        E       435        NA         NA
Viola oahuensis......................  ......do...............  ......do...............  ......do...............        E       591        NA         NA
Warea amplexifolia...................  Wide-leaf warea........  U.S.A. (FL)............  Brassicaceae...........        E       266        NA         NA
Warea carteri........................  Carter's mustard.......  ......do...............  ......do...............        E       256        NA         NA
Wilkesia hobdyi......................  Dwarf iliau............  U.S.A. (HI)............  Asteraceae.............        E       473        NA         NA
Xylosma crenatum.....................  None...................  ......do...............  Flacourtiaceae.........        E       464        NA         NA
Xyris tennesseensis..................  Tennessee yellow-eyed    U.S.A. (AL, GA, TN)....  Xyridaceae.............        E       430        NA         NA
                                        grass.
Zanthoxylum dipetalum var. tomentosum  A`e....................  U.S.A. (HI)............  Rutaceae...............        E       595        NA         NA
Zanthoxylum hawaiiense...............  ......do...............  ......do...............  ......do...............        E       532        NA         NA
Zanthoxylum thomasianum..............  St. Thomas prickly-ash.  U.S.A. (PR, VI)........  ......do...............        E       213        NA         NA
Zizania texana.......................  Texas wild-rice........  U.S.A. (TX)............  Poaceae................        E        39  17.96(a)         NA
Ziziphus celata......................  Florida ziziphus.......  U.S.A. (FL)............  Rhamnaceae.............        E       356        NA         NA
 
               Conifers
Abies guatemalensis..................  Pinabete or Guatemalan   Mexico, Guatemala,       Pinaceae...............        T        84        NA         NA
                                        fir.                     Honduras, El Salvador.
Cupressus abramsiana.................  Santa Cruz cypress.....  U.S.A. (CA)............  Cupressaceae...........        E       252        NA         NA
Cupressus goveniana ssp. goveniana...  Gowen cypress..........  ......do...............  ......do...............        T       640        NA         NA
Fitzroya cupressoides................  Alerce or Chilean false  Chile, Argentina.......  ......do...............        T        79        NA         NA
                                        larch.
Torreya taxifolia....................  Florida torreya........  U.S.A. (FL, GA)........  Taxaceae...............        E       140        NA         NA
 
           Ferns And Allies
Adenophorus periens..................  Pendant kihi fern......  U.S.A. (HI)............  Grammitidaceae.........        E       559        NA         NA
Adiantum vivesii.....................  None...................  U.S.A. (PR)............  Adiantaceae............        E       504        NA         NA
Asplenium fragile var. insulare......  ......do...............  U.S.A. (HI)............  Aspleniaceae...........        E       553        NA         NA
Asplenium (=Phyllitis) scolopendrium   American hart's-tongue   U.S.A. (AL, MI, NY,      ......do...............        T       354        NA         NA
 (=japonica) var.americanum.            fern.                    TN), Canada (Ont.).
Ctenitis squamigera..................  Pauoa..................  U.S.A. (HI)............  ......do...............        E       553        NA         NA
Cyathea dryopteroides................  Elfin tree fern........  U.S.A. (PR)............  Cyatheaceae............        E       277        NA         NA
Diellia erecta.......................  Asplenium-leaved         U.S.A. (HI)............  Aspleniaceae...........        E       559        NA         NA
                                        diellia.
Diellia falcata......................  None...................  ......do...............  ......do...............        E       448        NA         NA
Diellia pallida......................  ......do...............  ......do...............  ......do...............        E       530        NA         NA
Diellia unisora......................  ......do...............  ......do...............  ......do...............        E       541        NA         NA
Diplazium molokaiense................  ......do...............  ......do...............  ......do...............        E       553        NA         NA
Elaphoglossum serpens................  ......do...............  U.S.A. (PR)............  Lomariopsidaceae.......        E       504        NA         NA
Isoetes louisianensis................  Louisiana quillwort....  U.S.A. (LA, MS)........  Isoetaceae.............        E       482        NA         NA
Isoetes melanospora..................  Black-spored quillwort.  U.S.A. (GA, SC)........  ......do...............        E       302        NA         NA
Isoetes tegetiformans................  Mat-forming quillwort..  U.S.A. (GA)............  ......do...............        E       302        NA         NA
Marsilea villosa.....................  `Ihi`ihi...............  U.S.A. (HI)............  Marsileaceae...........        E       474        NA         NA
Phlegmariurus (=Lycopodium,            Wawae`iole.............  ......do...............  Lycopodiaceae..........        E       467        NA         NA
 =Huperzia) mannii.

[[Page 163]]

 
Phlegmariurus (=Lycopodium) nutans...  ......do...............  ......do...............  ......do...............        E       536        NA         NA
Polystichum aleuticum................  Aleutian shield-fern     U.S.A. (AK)............  Dryopteridaceae........        E       305        NA         NA
                                        (=Aleutian holly-fern).
Polystichum calderonense.............  None...................  U.S.A. (PR)............  ......do...............        E       504        NA         NA
Pteris lidgatei......................  ......do...............  U.S.A. (HI)............  Adiantaceae............        E       553        NA         NA
Tectaria estremerana.................  ......do...............  U.S.A. (PR)............  Dryopteridaceae........        E       504        NA         NA
Thelypteris inabonensis..............  ......do...............  ......do...............  Thelypteridaceae.......        E       506        NA         NA
Thelypteris (=Leptogramma) pilosa      Alabama streak-sorus     U.S.A. (AL)............  ......do...............        T       476        NA         NA
 var. alabamensis.                      fern.
Thelypteris verecunda................  None...................  U.S.A. (PR)............  ......do...............        E       506        NA         NA
Thelypteris yaucoensis...............  ......do...............  ......do...............  ......do...............        E       506        NA         NA
 
               Lichens
Cladonia perforata...................  Florida perforate        U.S.A. (FL)............  Cladoniaceae...........        E       500        NA         NA
                                        cladonia.
Gymnoderma lineare...................  Rock gnome lichen......  U.S.A. (NC,TN).........  ......do...............        E       572        NA         NA
--------------------------------------------------------------------------------------------------------------------------------------------------------
Symbols used in the ``when listed'' column:
  D--Indicates FR where species was Delisted; relisting of the species is indicated by subsequent number(s).
  E--Indicates Emergency rule publication (see FR document for effective dates); subsequent number(s) indicate FR final rule, if applicable, under
  ``When listed''.


[[Page 164]]

26--42 FR 40685; August 11, 1977.
26--42 FR 40685; August 11, 1977.
39--43 FR 17916; April 26, 1978.
44--43 FR 44812; September 28, 1978.
47--44 FR 24250; April 24, 1979.
49--44 FR 32605; June 6, 1979.
53--44 FR 43701; July 25, 1979.
56--44 FR 54923; September 21, 1979.
57--44 FR 58863; October 2, 1979.
58--44 FR 58868; October 11, 1979.
59--44 FR 58870; October 11, 1979.
61--44 FR 61556; October 25, 1979.
62--44 FR 61558; October 25, 1979.
63--44 FR 61786; October 26, 1979.
64--44 FR 61788; October 26, 1979.
65--44 FR 61911; October 26, 1979.
66--44 FR 61913; October 26, 1979.
68--44 FR 61920; October 26, 1979.
69--44 FR 61924; October 26, 1979.
70--44 FR 61927; October 26, 1979.
71--44 FR 61929; October 26, 1979.
72--44 FR 62246; October 29, 1979.
73--44 FR 62469; October 30, 1979.
74--44 FR 62471; October 30, 1979.
75--44 FR 62474; October 30, 1979.
76--44 FR 64247; November 6, 1979.
77--44 FR 64250; November 6, 1979.
78--44 FR 64252; November 6, 1979.
79--44 FR 64733; November 7, 1979.
80--44 FR 64738; November 7, 1979.
81--44 FR 64740; November 7, 1979.
82--44 FR 64743; November 7, 1979.
83--44 FR 64746; November 7, 1979.
84--44 FR 65005; November 8, 1979.
89--45 FR 18929; March 24, 1980.
104--45 FR 61944; September 17, 1980.
107--45 FR 69360; October 20, 1980.
109--46 FR 3186; January 13, 1981.
110--46 FR 5730; January 19, 1981.
112--46 FR 40025; August 6, 1981.
116--47 FR 19539; May 6, 1982.
118--47 FR 30440; July 13, 1982.
120--47 FR 36846; August 24, 1982.
121--47 FR 38540; September 1, 1982.
122--47 FR 38927; September 10, 1982.
126--47 FR 50885; November 10, 1982.
133--48 FR 46331; October 12, 1983.
137--48 FR 52747; November 22, 1983.
140--49 FR 2786; January 23, 1984.
141--49 FR 6102; February 17, 1984.
147--49 FR 21058; May 18, 1984.
148--49 FR 22329; May 29, 1984.
151--49 FR 28565; July 13, 1984.
152--49 FR 29234; July 19, 1984.
153--49 FR 29237; July 19, 1984.
154--49 FR 30201; July 27, 1984.
155--49 FR 31421; August 7, 1984.
158--49 FR 34500; August 31, 1984.
162--49 FR 40038; October 12, 1984.
165--49 FR 44756; November 9, 1984.
167--49 FR 47400; December 4, 1984.
168--49 FR 49639; December 21, 1984.
172--50 FR 5758; February 12, 1985.
175--50 FR 12309; March 28, 1985.
176--50 FR 15567; April 19, 1985.
177--50 FR 16682; April 26, 1985.
178--50 FR 19373; May 8, 1985.
179--50 FR 19377; May 8, 1985.
180--50 FR 20214; May 15, 1985.
181--50 FR 20786; May 20, 1985.
187--50 FR 26572; June 27, 1985.
190--50 FR 29341; July 18, 1985.
191--50 FR 29344; July 18, 1985.
192--50 FR 29349; July 18, 1985.
194--50 FR 31190; August 1, 1985.
197--50 FR 32575; August 13, 1985.
198--50 FR 33731; August 21, 1985.
199--50 FR 33734; August 21, 1985.
200--50 FR 33737; August 21, 1985.
201--50 FR 36089; September 5, 1985.
202--50 FR 36091; September 5, 1985.
204--50 FR 37863; September 18, 1985.
207--50 FR 45618; November 1, l985.
208--50 FR 45621; November 1, 1985.
209--50 FR 45624; November 1, 1985.
213--50 FR 51870; December 21, 1985.
214--51 FR 956; January 9, 1986.
215--51 FR 3185; January 24, 1986.
217--51 FR 6693; February 25, 1986.
218--51 FR 8683; March 13, 1986.
219--51 FR 9820; March 21, 1986.
220--51 FR 10521; March 26, 1986.
221--51 FR 10523; March 26, 1986.
225--51 FR 15906; April 29, 1986.
226--51 FR 15911; April 29, 1986.
230--51 FR 17346; May 12, 1986.
231--51 FR 17974; May 16, 1986.
232--51 FR 17977; May l6, 1986.
234--51 FR 22524; June 20, 1986.
235--51 FR 23769; July 1, 1986.
237--51 FR 24672; July 8, 1986.
238--51 FR 24675; July 8, 1986.
240--51 FR 27500; July 31, 1986.
243--51 FR 34415; September 26, 1986.
244--51 FR 34419; September 26, 1986.
245--51 FR 34422; September 26, 1986.
249--51 FR 45907; December 23, 1986.
252--52 FR 679; January 8, 1987.
253--52 FR 682; January 8, 1987.
254--52 FR 784; January 9, 1987.
255--52 FR 1462; January 14, 1987.
256--52 FR 2234; January 21, 1987.
257--52 FR 4910; February 18, 1987.
259--52 FR 6651; March 4, 1987.
260--52 FR 7426; March 11, 1987.
264--52 FR 11175; April 7, 1987.
266--52 FR 15505; April 29, 1987.
270--52 FR 21480; June 5, 1987.
271--52 FR 21484; June 5, 1987.
274--52 FR 22589; June 12, 1987.
275--52 FR 22933; June 16, 1987.
276--52 FR 22936; June 16, 1987.
277--52 FR 22939; June 16, 1987.
285--52 FR 32929; September 1, 1987.
286--52 FR 34917; September 16, 1987.
291--52 FR 36270; September 28, 1987.
293--52 FR 37420; October 6, 1987.
295--52 FR 41440; October 28, 1987.
297--52 FR 42071; November 2, 1987.
298--52 FR 42657; November 6, 1987.
300--52 FR 44401; November 19, 1987.
301--52 FR 46087; December 4, 1987.
302--53 FR 3565; February 5, 1988.
303--53 FR 3567; February 5, 1988.

[[Page 165]]

305--53 FR 4629; February 17, 1988.
306--53 FR 10884; April 4, 1988.
307--53 FR 11612; April 7, 1988.
308--53 FR 11615; April 7, 1988.
309--53 FR 23742; June 23, 1988.
310--53 FR 23745; June 23, 1988.
311--53 FR 23748; June 23, 1988.
314--53 FR 27137; July 18, 1988.
315--53 FR 27141; July 18, 1988.
318--53 FR 32827; August 26, 1988.
319--53 FR 32830; August 26, 1988.
321--53 FR 33996; September 1, 1988.
324--53 FR 34701; September 7, 1988.
325--53 FR 34705; September 7, 1988.
326--53 FR 35080; September 9, 1988.
329--53 FR 37972; September 28, 1988.
330--53 FR 37975; September 28, 1988.
331--53 FR 37978; September 28, 1988.
332--53 FR 37982; September 28, 1988.
333--53 FR 38451; September 30, 1988.
335--53 FR 38456; September 30, 1988.
339--53 FR 38474; September 30, 1988.
341--53 FR 45861; November 14, 1988.
343--54 FR 2134; January 19, 1989.
344--54 FR 5938; February 7, 1989.
346--54 FR 10154; March 10, 1989.
347--54 FR 14967; April 14, 1989.
352--54 FR 29658; July 13, 1989.
353--54 FR 29663; July 13, 1989.
354--54 FR 29730; July 14, 1989.
355--54 FR 30554; July 21, 1989.
356--54 FR 31196; July 27, 1989.
360--54 FR 35305; August 24, 1989.
362--54 FR 38947; September 21, 1989.
363--54 FR 38950; September 21, 1989.
367--54 FR 39857; September 28, 1989.
368--54 FR 39863; September 28, 1989.
373--55 FR 433; January 5, 1990.
374--55 FR 4157; February 6, 1990.
375--55 FR 4159; February 6, 1990.
379--55 FR 12790; April 5, 1990.
380--55 FR 12793; April 5, 1990.
381--55 FR 12797; April 5, 1990.
385--55 FR 13491; April 10, 1990.
386--55 FR 13911; April 13, 1990.
389--55 FR 24246; June 15, 1990.
392--55 FR 25599; June 21, 1990.
395--55 FR 29370; July 19, 1990.
397--55 FR 32255; August 8, 1990.
398--55 FR 32257; August 8, 1990.
402--55 FR 39864; September 28, 1990.
403--55 FR 39867; September 28, 1990.
406--55 FR 49050; November 26, 1990.
409--55 FR 50187; December 5, 1990.
413--56 FR 1453; January, 14, 1991.
414--56 FR 1457; January, 14, 1991.
418--56 FR 1936; January, 18, 1991.
420--56 FR 16024; April 19, 1991.
422--56 FR 19959; May 1, 1991.
424--56 FR 21091; May 7, 1991.
425--56 FR 21096; May 7, 1991.
429--56 FR 32983; July 18, 1991.
430--56 FR 34154; July 26, 1991.
434--56 FR 46239; September 11, 1991.
435--56 FR 47694; September 20, 1991.
436--56 FR 47699; September 20, 1991.
437--56 FR 48751; September 20, 1991.
438--56 FR 48755; September 20, 1991.
439--56 FR 49636; September 30, 1991.
440--56 FR 49639; September 30, 1991.
441--56 FR 49643; September 30, 1991.
445--56 FR 49853; October 2, 1991.
448--56 FR 55785; October 29, 1991.
450--56 FR 57849; November 14, 1991.
451--56 FR 60937; November 29, 1991.
452--56 FR 60940; November 29, 1991.
453--56 FR 61182; December 2, 1991.
457--57 FR 1403; January 14, 1992.
458--57 FR 2053; January 17, 1992.
460--57 FR 14653; April 22, 1992.
461--57 FR 14785; April 22, 1992.
463--57 FR 19819; May 8, 1992.
464--57 FR 20588; May 13, 1992.
465--57 FR 20592; May 13, 1992.
466--57 FR 20595; May 13, 1992.
467--57 FR 20787; May 15, 1992.
468--57 FR 21564; May 20, 1992.
470--57 FR 21574; May 20, 1992.
471--57 FR 24199; June 8, 1992.
472--57 FR 27858; June 22, 1992.
473--57 FR 27863; June 22, 1992.
474--57 FR 27867; June 22, 1992.
476--57 FR 30168; July 8, 1992.
477--57 FR 44340; September 25, 1992.
478--57 FR 44708; September 29, 1992.
480--57 FR 46339; October 8, 1992.
481--57 FR 46344; October 8, 1992.
482--57 FR 46747; October 28, 1992.
490--58 FR 8242; February 12, 1993.
491--58 FR 11552; February 26, 1993.
497--58 FR 18035; April 7, 1993.
498--58 FR 18041; April 7, 1993.
500--58 FR 25754; April 27, 1993.
501--58 FR 25758; April 27, 1993.
504--58 FR 32311; June 9, 1993.
506--58 FR 35891; July 2, 1993.
507--58 FR 37443; July 12, 1993.
509--58 FR 40547; July 28, 1993.
510--58 FR 40551; July 28, 1993.
511--58 FR 41383; August 3, 1993.
512--58 FR 41391; August 3, 1993.
515--58 FR 49879; September 23, 1993.
519--58 FR 52030; October 6 1993.
521--58 FR 53807; October 10/18/93.
523--58 FR 62050; November 24, 1993.
524--58 FR 68480; December 27, 1993
528--59 FR 5510; February 4 1994.
529--59 FR 8141; February 18 1994.
530--59 FR 9327; February 25, 1994.
531--59 FR 10324; March 2, 1994.
532--59 FR 10324; March 4, 1994.
535--59 FR 13840; March 23, 1994.
536--59 FR 14493; March 28, 1994.
537--59 FR 15345; April 1, 1994.
541--59 FR 32937; June 27, 1994.
542--59 FR 35864; July 14, 1994.
544--59 FR 42176; August 17, 1994.
547--59 FR 43652; August 24, 1994.
548--59 FR 43652; August 24, 1994.
551--59 FR 46718; September 9, 1994.
553--59 FR 49031; September 26, 1994.
555--59 FR 49863; September 30, 1994.
556--59 FR 50857; October 6, 1994.
558--59 FR 56333; November 10, 1994.

[[Page 166]]

559--59 FR 56350; November 10, 1994.
560--59 FR 59177; November 16, 1994.
564--59 FR 60568; November 25, 1994.
565--59 FR 62352; December 5, 1994.
567--59 FR 64623; December 15, 1994.
570--60 FR 61; January 3, 1995.
572--60 FR 3562; January 18, 1995.
575--60 FR 6684; February 3, 1995.
578--60 FR 12846; March 7, 1995.
581--60 FR 10697; March 15, 1996.
584--61 FR 31058; June 19, 1996.
586--61 FR 41023; August 7, 1996.
587--61 FR 43184; August 21, 1996.
589--61 FR 52384; October 7, 1996.
590--61 FR 53088; October 10, 1996.
591--61 FR 53107; October 10, 1996.
592--61 FR 53123; October 10, 1996.
593--61 FR 53130; October 10, 1996.
594--61 FR 53137; October 10, 1996.
595--61 FR 53152; October 10, 1996.
596--61 FR 54358; October 18, 1996.
599--61 FR 67497; December 23, 1996.
600--62 FR 689; January 6, 1997.
601--62 FR 1647; January 10, 1997.
603--62 FR 1694; January 10, 1997.
606--62 FR 4182; January 29, 1997.
609--62 FR 5551; February 6, 1997.
611--62 FR 14351; March 26, 1997.
613--62 FR 27978; May 22, 1997.
615--62 FR 31748; June 11, 1997.
619--62 FR 33037; June 18, 1997.
620--62 FR 33373; June 19, 1997.
623--62 FR 40973; July 31, 1997.
624--62 FR 42702; August 8, 1997.
625--62 FR 54807; October 22, 1997.
627--62 FR 61925; November 20, 1997.
635--63 FR 19849; April 22, 1998.
640--63 FR 43115; August 12, 1998.
641--63 FR 44594; August 20, 1998.
643--63 FR 49034; September 14, 1998.
644--63 FR 49021; September 14, 1998.
647--63 FR 53615; October 6, 1998.
648--63 FR 54970; October 13, 1998.
649--63 FR 54956; October 13, 1998.
650--63 FR 54994; October 13, 1998.
652--63 FR 59244; November 3, 1998.
657--64 FR 13120; March 17, 1999.
661--64 FR 28412; May 26, 1999.
662--64 FR 28403; May 26, 1999.
663--64 FR 28392; May 26, 1999.
666--64 FR 48323; September 3, 1999.

    Editorial Note 1: For Federal Register citations affecting the table 
in Sec. 17.12(h), see the listing above.

    Editorial Note 2: For Federal Register citations affecting 
Sec. 17.12, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



                     Subpart C--Endangered Wildlife



Sec. 17.21  Prohibitions.

    (a) Except as provided in subpart A of this part, or under permits 
issued pursuant to Sec. 17.22 or Sec. 17.23, it is unlawful for any 
person subject to the jurisdiction of the United States to commit, to 
attempt to commit, to solicit another to commit or to cause to be 
committed, any of the acts described in paragraphs (b) through (f) of 
this section in regard to any endangered wildlife.
    (b) Import or export. It is unlawful to import or to export any 
endangered wildlife. Any shipment in transit through the United States 
is an importation and an exportation, whether or not it has entered the 
country for customs purposes.
    (c) Take. (1) It is unlawful to take endangered wildlife within the 
United States, within the territorial sea of the United States, or upon 
the high seas. The high seas shall be all waters seaward of the 
territorial sea of the United States, except waters officially 
recognized by the United States as the territorial sea of another 
country, under international law.
    (2) Notwithstanding paragraph (c)(1) of this section, any person may 
take endangered wildlife in defense of his own life or the lives of 
others.
    (3) Notwithstanding paragraph (c)(1) of this section, any employee 
or agent of the Service, any other Federal land management agency, the 
National Marine Fisheries Service, or a State conservation agency, who 
is designated by his agency for such purposes, may, when acting in the 
course of his official duties, take endangered wildlife without a permit 
if such action is necessary to:
    (i) Aid a sick, injured or orphaned specimen; or
    (ii) Dispose of a dead specimen; or
    (iii) Salvage a dead specimen which may be useful for scientific 
study; or
    (iv) Remove specimens which constitute a demonstrable but 
nonimmediate threat to human safety, provided that the taking is done in 
a humane manner; the taking may involve killing or injuring only if it 
has not been reasonably possible to eliminate such threat by live-
capturing and releasing the specimen unharmed, in a remote area.
    (4) Any taking pursuant to paragraphs (c) (2) and (3) of this 
section must be reported in writing to the U.S. Fish and Wildlife 
Service, Division of

[[Page 167]]

Law Enforcement, P.O. Box 19183, Washington, DC 20036, within 5 days. 
The specimen may only be retained, disposed of, or salvaged in 
accordance with directions from Service.
    (5) Notwithstanding paragraph (c)(1) of this section, any qualified 
employee or agent of a State Conservation Agency which is a party to a 
Cooperative Agreement with the Service in accordance with section 6(c) 
of the Act, who is designated by his agency for such purposes, may, when 
acting in the course of his official duties take those endangered 
species which are covered by an approved cooperative agreement for 
conservation programs in accordance with the Cooperative Agreement, 
provided that such taking is not reasonably anticipated to result in:
    (i) The death or permanent disabling of the specimen;
    (ii) The removal of the specimen from the State where the taking 
occurred;
    (iii) The introduction of the specimen so taken, or of any progeny 
derived from such a specimen, into an area beyond the historical range 
of the species; or
    (iv) The holding of the specimen in captivity for a period of more 
than 45 consecutive days.
    (d) Possession and other acts with unlawfully taken wildlife. (1) It 
is unlawful to possess, sell, deliver, carry, transport, or ship, by any 
means whatsoever, any endangered wildlife which was taken in violation 
of paragraph (c) of this section.

    Example A person captures a whooping crane in Texas and gives it to 
a second person, who puts it in a closed van and drives thirty miles, to 
another location in Texas. The second person then gives the whooping 
crane to a third person, who is apprehended with the bird in his 
possession. All three have violated the law--the first by illegally 
taking the whooping crane; the second by transporting an illegally taken 
whooping crane; and the third by possessing an illegally taken whooping 
crane.

    (2) Notwithstanding paragraph (d)(1) of this section, Federal and 
State law enforcement officers may possess, deliver, carry, transport or 
ship any endangered wildlife taken in violation of the Act as necessary 
in performing their official duties.
    (e) Interstate or foreign commerce. It is unlawful to deliver, 
receive, carry transport, or ship in interstate or foreign commerce, by 
any means whatsoever, and in the course of a commercial activity, any 
endangered wildlife.
    (f) Sale or offer for sale. (1) It is unlawful to sell or to offer 
for sale in interstate or foreign commerce any endangered wildlife.
    (2) An advertisement for the sale of endangered wildlife which 
carries a warning to the effect that no sale may be consummated until a 
permit has been obtained from the U.S. Fish and Wildlife Service shall 
not be considered an offer for sale within the meaning of this section.
    (g) Captive-bred wildlife. (1) Notwithstanding paragraphs (b), (c), 
(e) and (f) of this section, any person may take; export or re-import; 
deliver, receive, carry, transport or ship in interstate or foreign 
commerce, in the course of a commercial activity; or sell or offer for 
sale in interstate or foreign commerce any endangered wildlife that is 
bred in captivity in the United States provided either that the wildlife 
is of a taxon listed in paragraph (g)(6) of this section, or that the 
following conditions are met:
    (i) The wildlife is of a species having a natural geographic 
distribution not including any part of the United States, or the 
wildlife is of a species that the Director has determined to be eligible 
in accordance with paragraph (g)(5) of this section;
    (ii) The purpose of such activity is to enhance the propagation or 
survival of the affected species;
    (iii) Such activity does not involve interstate or foreign commerce, 
in the course of a commercial activity, with respect to non-living 
wildlife;
    (iv) Each specimen of wildlife to be re-imported is uniquely 
identified by a band, tattoo or other means that was reported in writing 
to an official of the Service at a port of export prior to export from 
the United States; and
    (v) Any person subject to the jurisdiction of the United States who 
engages in any of the activities authorized by this paragraph does so in 
accordance with paragraphs (g) (2), (3) and (4) of this section, and 
with all

[[Page 168]]

other applicable regulations in this Subchapter B.
    (2) Any person subject to the jurisdiction of the United States 
seeking to engage in any of the activities authorized by this paragraph 
must first register with the Service (Office of Management Authority, 
U.S. Fish and Wildlife Service, 4401 N. Fairfax Drive, Arlington, 
Virginia 22203). Requests for registration must be submitted on an 
official application form (Form 3-200-41) provided by the Service, and 
must include the following information:
    (i) The types of wildlife sought to be covered by the registration, 
identified by common and scientific name to the taxonomic level of 
family, genus or species;
    (ii) A description of the applicant's experience in maintaining and 
propagating the types of wildlife sought to be covered by the 
registration, and when appropriate, in conducting research directly 
related to maintaining and propagating such wildlife;
    (iii) Photograph(s) or other evidence clearly depicting the 
facilities where such wildlife will be maintained; and
    (iv) a copy of the applicant's license or registration, if any, 
under the animal welfare regulations of the U.S. Department of 
Agriculture (9 CFR part 2).
    (3) Upon receiving a complete application, the Director will decide 
whether or not the registration will be approved. In making this 
decision, the Director will consider, in addition to the general 
criteria in Sec. 13.21(b) of this subchapter, whether the expertise, 
facilities or other resources available to the applicant appear adequate 
to enhance the propagation or survival of the affected wildlife. Public 
education activities may not be the sole basis to justify issuance of a 
registration or to otherwise establish eligibility for the exception 
granted in paragraph (g)(1) of this section. Each person so registered 
must maintain accurate written records of activities conducted under the 
registration, and allow reasonable access to Service agents for 
inspection purposes as set forth in Secs. 13.46 and 13.47. Each person 
registered must submit to the Director an individual written annual 
report of activities, including all births, deaths and transfers of any 
type.
    (4) Any person subject to the jurisdiction of the United States 
seeking to export or conduct foreign commerce in captive-bred endangered 
wildlife that will not remain under the care of that person must first 
obtain approval by providing written evidence to satisfy the Director 
that the proposed recipient of the wildlife has expertise, facilities or 
other resources adequate to enhance the propagation or survival of such 
wildlife and that the proposed recipient will use such wildlife for 
purposes of enhancing the propagation or survival of the affected 
species.
    (5)(i) The Director will use the following criteria to determine if 
wildlife of any species having a natural geographic distribution that 
includes any part of the United States is eligible for the provisions of 
this paragraph:
    (A) Whether there is a low demand for taking of the species from 
wild populations, either because of the success of captive breeding or 
because of other reasons, and
    (B) Whether the wild populations of the species are effectively 
protected from unauthorized taking as a result of the inaccessibility of 
their habitat to humans or as a result of the effectiveness of law 
enforcement.
    (ii) The Director will follow the procedures set forth in the Act 
and in the regulations thereunder with respect to petitions and 
notification of the public and governors of affected States when 
determining the eligibility of species for purposes of this paragraph.
    (iii) In accordance with the criteria in paragraph (g)(5)(i) of this 
section, the Director has determined the following species to be 
eligible for the provisions of this paragraph:

Laysan duck (Anas laysanensis).

    (6) Any person subject to the jurisdiction of the United States 
seeking to engage in any of the activities authorized by paragraph 
(g)(1) of this section may do so without first registering with the 
Service with respect to the bar-tailed pheasant (Syrmaticus humiae), 
Elliot's pheasant (S. ellioti), Mikado pheasant (S. mikado), brown eared 
pheasant (Crossoptilon mantchuricum), white eared pheasant (C. 
crossoptilon), cheer pheasant (Catreus wallichii), Edward's pheasant 
(Lophura edwardsi), Swinhoe's

[[Page 169]]

pheasant (L. swinhoii), Chinese monal (Lophophorus lhuysii), and Palawan 
peacock pheasant (Polyplectron emphanum); parakeets of the species 
Neophema pulchella and N. splendida; the Laysan duck (Anas laysanensis); 
the white-winged wood duck (Cairina scutulata); and the inter-
subspecific crossed or ``generic'' tiger (Panthera tigris) (i e., 
specimens not identified or identifiable as members of the Bengal, 
Sumatran, Siberian or Indochinese subspecies (Panthera tigris tigris, 
P.t. sumatrae, P.t. altaica and P.t. corbetti, respectively) provided:
    (i) The purpose of such activity is to enhance the propagation or 
survival of the affected exempted species;
    (ii) Such activity does not involve interstate or foreign commerce, 
in the course of a commercial activity, with respect to non-living 
wildlife;
    (iii) Each specimen to be re-imported is uniquely identified by a 
band, tattoo or other means that was reported in writing to an official 
of the Service at a port of export prior to export of the specimen from 
the United States;
    (iv) No specimens of the taxa in this paragraph (g)(6) of this 
section that were taken from the wild may be imported for breeding 
purposes absent a definitive showing that the need for new bloodlines 
can only be met by wild specimens, that suitable foreign-bred, captive 
individuals are unavailable, and that wild populations can sustain 
limited taking, and an import permit is issued under Sec. 17.22;
    (v) Any permanent exports of such specimens meet the requirements of 
paragraph (g)(4) of this section; and
    (vi) Each person claiming the benefit of the exception in paragraph 
(g)(1) of this section must maintain accurate written records of 
activities, including births, deaths and transfers of specimens, and 
make those records accessible to Service agents for inspection at 
reasonable hours as set forth in Secs. 13.46 and 13.47.

[40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 
41 FR 19226, May 11, 1976; 44 FR 31580, May 31, 1979; 44 FR 54007, Sept. 
17, 1979; 58 FR 68325, Dec. 27, 1993; 63 FR 48640, Sept. 11, 1998]



Sec. 17.22  Permits for scientific purposes, enhancement of propagation or survival, or for incidental taking.

    Upon receipt of a complete application, the Director may issue a 
permit authorizing any activity otherwise prohibited by Sec. 17.21, in 
accordance with the issuance criteria of this section, for scientific 
purposes, for enhancing the propagation or survival, or for the 
incidental taking of endangered wildlife. Such permits may authorize a 
single transaction, a series of transactions, or a number of activities 
over a specific period of time. (See Sec. 17.32 for permits for 
threatened species.) The Director shall publish notice in the Federal 
Register of each application for a permit that is made under this 
section. Each notice shall invite the submission from interested 
parties, within 30 days after the date of the notice, of written data, 
views, or arguments with respect to the application. The 30-day period 
may be waived by the Director in an emergency situation where the life 
or health of an endangered animal is threatened and no reasonable 
alternative is available to the applicant. Notice of any such waiver 
shall be published in the Federal Register within 10 days following 
issuance of the permit.
    (a)(1) Application requirements for permits for scientific purposes 
or for the enhancement of propagation or survival. A person wishing to 
get a permit for an activity prohibited by Sec. 17.21 submits an 
application for activities under this paragraph. The Service provides 
Form 3-200 for the application to which all of the following must be 
attained:
    (i) The common and scientific names of the species sought to the 
covered by the permit, as well as the number, age, and sex of such 
species, and the activity sought to be authorized (such as taking, 
exporting, selling in interstate commerce);
    (ii) A statement as to whether, at the time of application, the 
wildlife sought to be covered by the permit (A) is still in the wild, 
(B) has already been removed from the wild, or (C) was born in 
captivity;
    (iii) A resume of the applicant's attempts to obtain the wildlife 
sought to be covered by the permit in a manner

[[Page 170]]

which would not cause the death or removal from the wild of such 
wildlife;
    (iv) If the wildlife sought to be covered by the permit has already 
been removed from the wild, the country and place where such removal 
occurred; if the wildlife sought to be covered by the permit was born in 
captivity, the country and place where such wildlife was born;
    (v) A complete description and address of the institution or other 
facility where the wildlife sought to be covered by the permit will be 
used, displayed, or maintained;
    (vi) If the applicant seeks to have live wildlife covered by the 
permit, a complete description, including photographs or diagrams, of 
the facilities to house and/or care for the wildlife and a resume of the 
experience of those person who will be caring for the wildlife;
    (vii) A full statement of the reasons why the applicant is justified 
in obtaining a permit including the details of the activities sought to 
be authorized by the permit;
    (viii) If the application is for the purpose of enhancement of 
propagation, a statement of the applicant's willingness to participate 
in a cooperative breeding program and to maintain or contribute data to 
a studbook;
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a)(1) of this section, the Director will 
decide whether or not a permit should be issued. In making this 
decision, the Director shall consider, in addition to the general 
criteria in Sec. 13.21(b) of this subchapter, the following factors:
    (i) Whether the purpose for which the permit is required is adequate 
to justify removing from the wild or otherwise changing the status of 
the wildlife sought to be covered by the permit;
    (ii) The probable direct and indirect effect which issuing the 
permit would have on the wild populations of the wildlife sought to be 
covered by the permit;
    (iii) Whether the permit, if issued, would in any way, directly or 
indirectly, conflict with any known program intended to enhance the 
survival probabilities of the population from which the wildlife sought 
to be covered by the permit was or would be removed;
    (iv) Whether the purpose for which the permit is required would be 
likely to reduce the threat of extinction facing the species of wildlife 
sought to be covered by the permit;
    (v) The opinions or views of scientists or other persons or 
organizations having expertise concerning the wildlife or other matters 
germane to the application; and
    (vi) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application.
    (3) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
paragraph shall be subject to the special condition that the escape of 
living wildlife covered by the permit shall be immediately reported to 
the Service office designated in the permit.
    (4) Duration of permits. The duration of permits issued under this 
paragraph shall be designated on the face of the permit.
    (b)(1) Application requirements for permits for incidental taking. A 
person wishing to get a permit for an activity prohibited by 
Sec. 17.21(c) submits an application for activities under this 
paragraph. The Service provides Form 3-200 for the application to which 
all of the following must be attached:
    (i) A complete description of the activity sought to be authorized;
    (ii) The common and scientific names of the species sought to be 
covered by the permit, as well as the number, age, and sex of such 
species, if known;
    (iii) A conservation plan that specifies:
    (A) The impact that will likely result from such taking;
    (B) What steps the applicant will take to monitor, minimize, and 
mitigate such impacts, the funding that will be available to implement 
such steps, and the procedures to be used to deal with unforeseen 
circumstances;
    (C) What alternative actions to such taking the applicant considered 
and the reasons why such alternatives are not proposed to be utilized; 
and

[[Page 171]]

    (D) Such other measures that the Director may require as being 
necessary or appropriate for purposes of the plan;
    (2) Issuance criteria. (i) Upon receiving an application completed 
in accordance with paragraph (b)(1) of this section, the Director will 
decide whether or not a permit should be issued. The Director shall 
consider the general issuance criteria in Sec. 13.21(b) of this 
subchapter, except for Sec. 13.21(b)(4), and shall issue the permit if 
he or she finds that:
    (A) The taking will be incidental;
    (B) The applicant will, to the maximum extent practicable, minimize 
and mitigate the impacts of such takings;
    (C) The applicant will ensure that adequate funding for the 
conservation plan and procedures to deal with unforeseen circumstances 
will be provided;
    (D) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild;
    (E) The measures, if any, required under paragraph (b)(1)(iii)(D) of 
this section will be met; and
    (F) He or she has received such other assurances as he or she may 
require that the plan will be implemented.
    (ii) In making his or her decision, the Director shall also consider 
the anticipated duration and geographic scope of the applicant's planned 
activities, including the amount of listed species habitat that is 
involved and the degree to which listed species and their habitats are 
affected.
    (3) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
paragraph shall contain such terms and conditions as the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
conservation plan including, but not limited to, monitoring and 
reporting requirements deemed necessary for determining whether such 
terms and conditions are being complied with. The Director shall rely 
upon existing reporting requirements to the maximum extent practicable.
    (4) Duration of permits. The duration of permits issued under this 
paragraph shall be sufficient to provide adequate assurances to the 
permittee to commit funding necessary for the activities authorized by 
the permit, including conservation activities and land use restrictions. 
In determining the duration of a permit, the Director shall consider the 
duration of the planned activities, as well as the possible positive and 
negative effects associated with permits of the proposed duration on 
listed species, including the extent to which the conservation plan will 
enhance the habitat of listed species and increase the long-term 
survivability of such species.
    (5) Assurances provided to permittee in case of changed or 
unforeseen circumstances. The assurances in this paragraph (b)(5) apply 
only to incidental take permits issued in accordance with paragraph 
(b)(2) of this section where the conservation plan is being properly 
implemented, and apply only with respect to species adequately covered 
by the conservation plan. These assurances cannot be provided to Federal 
agencies. This rule does not apply to incidental take permits issued 
prior to March 25, 1998. The assurances provided in incidental take 
permits issued prior to March 25, 1998 remain in effect, and those 
permits will not be revised as a result of this rulemaking.
    (i) Changed circumstances provided for in the plan. If additional 
conservation and mitigation measures are deemed necessary to respond to 
changed circumstances and were provided for in the plan's operating 
conservation program, the permittee will implement the measures 
specified in the plan.
    (ii) Changed circumstances not provided for in the plan. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and such measures were not provided for 
in the plan's operating conservation program, the Director will not 
require any conservation and mitigation measures in addition to those 
provided for in the plan without the consent of the permittee, provided 
the plan is being properly implemented.
    (iii) Unforeseen circumstances. (A) In negotiating unforeseen 
circumstances, the Director will not require the commitment of 
additional land, water, or financial compensation or additional 
restrictions on the use of land, water, or other natural resources 
beyond the

[[Page 172]]

level otherwise agreed upon for the species covered by the conservation 
plan without the consent of the permittee.
    (B) If additional conservation and mitigation measures are deemed 
necessary to respond to unforeseen circumstances, the Director may 
require additional measures of the permittee where the conservation plan 
is being properly implemented, but only if such measures are limited to 
modifications within conserved habitat areas, if any, or to the 
conservation plan's operating conservation program for the affected 
species, and maintain the original terms of the conservation plan to the 
maximum extent possible. Additional conservation and mitigation measures 
will not involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the conservation plan without the consent of the 
permittee.
    (C) The Director will have the burden of demonstrating that 
unforeseen circumstances exist, using the best scientific and commercial 
data available. These findings must be clearly documented and based upon 
reliable technical information regarding the status and habitat 
requirements of the affected species. The Director will consider, but 
not be limited to, the following factors:
    (1) Size of the current range of the affected species;
    (2) Percentage of range adversely affected by the conservation plan;
    (3) Percentage of range conserved by the conservation plan;
    (4) Ecological significance of that portion of the range affected by 
the conservation plan;
    (5) Level of knowledge about the affected species and the degree of 
specificity of the species' conservation program under the conservation 
plan; and
    (6) Whether failure to adopt additional conservation measures would 
appreciably reduce the likelihood of survival and recovery of the 
affected species in the wild.
    (6) Nothing in this rule will be construed to limit or constrain the 
Director, any Federal, State, local, or Tribal government agency, or a 
private entity, from taking additional actions at its own expense to 
protect or conserve a species included in a conservation plan.
    (7) Discontinuance of permit activity. Notwithstanding the 
provisions of Sec. 13.26 of this subchapter, a permittee under this 
paragraph (b) remains responsible for any outstanding minimization and 
mitigation measures required under the terms of the permit for take that 
occurs prior to surrender of the permit and such minimization and 
mitigation measures as may be required pursuant to the termination 
provisions of an implementing agreement, habitat conservation plan, or 
permit even after surrendering the permit to the Service pursuant to 
Sec. 13.26 of this subchapter. The permit shall be deemed canceled only 
upon a determination by the Service that such minimization and 
mitigation measures have been implemented. Upon surrender of the permit, 
no further take shall be authorized under the terms of the surrendered 
permit.
    (8) Criteria for Revocation. A permit issued under this paragraph 
(b) may not be revoked for any reason except those set forth in 
Sec. 13.28(a)(1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in 16 U.S.C. 1539(a)(2)(B)(iv) and the inconsistency has not been 
remedied in a timely fashion.
    (c)(1) Application requirements for permits for the enhancement of 
survival through Safe Harbor Agreements. The applicant must submit an 
application for a permit under this paragraph (c) to the appropriate 
Regional Director, U.S. Fish and Wildlife Service, for the Region where 
the applicant resides or where the proposed activity is to occur (for 
appropriate addresses, see 50 CFR 10.22), if the applicant wishes to 
engage in any activity prohibited by Sec. 17.21. The applicant must 
submit an official Service application form (3-200.54) that includes the 
following information:
    (i) The common and scientific names of the listed species for which 
the applicant requests incidental take authorization;
    (ii) A description of the land use or water management activity for 
which

[[Page 173]]

the applicant requests incidental take authorization; and
    (iii) A Safe Harbor Agreement that complies with the requirements of 
the Safe Harbor policy available from the Service.
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (c)(1) of this section, the Director will 
decide whether or not to issue a permit. The Director shall consider the 
general issuance criteria in Sec. 13.21(b) of this subchapter, except 
for Sec. 13.21(b)(4), and may issue the permit if he or she finds:
    (i) The take will be incidental to an otherwise lawful activity and 
will be in accordance with the terms of the Safe Harbor Agreement;
    (ii) The implementation of the terms of the Safe Harbor Agreement 
will provide a net conservation benefit to the affected listed species 
by contributing to the recovery of listed species included in the permit 
and the Safe Harbor Agreement otherwise complies with the Safe Harbor 
policy available from the Service;
    (iii) The probable direct and indirect effects of any authorized 
take will not appreciably reduce the likelihood of survival and recovery 
in the wild of any listed species;
    (iv) Implementation of the terms of the Safe Harbor Agreement is 
consistent with applicable Federal, State, and Tribal laws and 
regulations;
    (v) Implementation of the terms of the Safe Harbor Agreement will 
not be in conflict with any ongoing conservation or recovery programs 
for listed species covered by the permit; and
    (vi) The applicant has shown capability for and commitment to 
implementing all of the terms of the Safe Harbor Agreement.
    (3) Permit conditions. In addition to any applicable general permit 
conditions set forth in part 13 of this subchapter, every permit issued 
under this paragraph (c) is subject to the following special conditions:
    (i) A requirement for the participating property owner to notify the 
Service of any transfer of lands subject to a Safe Harbor Agreement;
    (ii) A requirement for the property owner to notify the Service at 
least 30 days in advance, but preferably as far in advance as possible, 
of when he or she expects to incidentally take any listed species 
covered under the permit. Such notification will provide the Service 
with an opportunity to translocate affected individuals of the species, 
if possible and appropriate; and
    (iii) Any additional requirements or conditions the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
Safe Harbor Agreement.
    (4) Permit effective date. Permits issued under this paragraph (c) 
become effective the day of issuance for species covered by the Safe 
Harbor Agreement.
    (5) Assurances provided to permittee. (i) The assurances in 
paragraph (c)(5) (ii) of this section (c)(5) apply only to Safe Harbor 
permits issued in accordance with paragraph (c)(2) of this section where 
the Safe Harbor Agreement is being properly implemented, and apply only 
with respect to species covered by the Agreement and permit. These 
assurances cannot be provided to Federal agencies. The assurances 
provided in this section apply only to Safe Harbor permits issued after 
July 19, 1999.
    (ii) If additional conservation and mitigation measures are deemed 
necessary, the Director may require additional measures of the 
permittee, but only if such measures are limited to modifications within 
conserved habitat areas, if any, for the affected species and maintain 
the original terms of the Safe Harbor Agreement to the maximum extent 
possible. Additional conservation and mitigation measures will not 
involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the Safe Harbor Agreement without the consent of 
the permittee.
    (6) Additional actions. Nothing in this rule will be construed to 
limit or constrain the Director, any Federal, State, local or Tribal 
government agency, or a private entity, from taking additional actions 
at its own expense to protect or conserve a species included in a Safe 
Harbor Agreement.
    (7) Criteria for revocation. A permit issued under this paragraph 
(c) may not be revoked for any reason except

[[Page 174]]

those set forth in Sec. 13.28(a) (1) through (4) of this subchapter or 
unless continuation of the permitted activity would be inconsistent with 
the criterion set forth in Sec. 17.22(c)(2)(iii) and the inconsistency 
has not been remedied in a timely fashion.
    (8) Duration of permits. The duration of permits issued under this 
paragraph (c) must be sufficient to provide a net conservation benefit 
to species covered in the enhancement of survival permit. In determining 
the duration of a permit, the Director will consider the duration of the 
planned activities, as well as the positive and negative effects 
associated with permits of the proposed duration on covered species, 
including the extent to which the conservation activities included in 
the Safe Harbor Agreement will enhance the survival and contribute to 
the recovery of listed species included in the permit.
    (d)(1) Application requirements for permits for the enhancement of 
survival through Candidate Conservation Agreements with Assurances. The 
applicant must submit an application for a permit under this paragraph 
(d) to the appropriate Regional Director, U.S. Fish and Wildlife 
Service, for the Region where the applicant resides or where the 
proposed activity is to occur (for appropriate addresses, see 50 CFR 
10.22). When a species covered by a Candidate Conservation Agreement 
with Assurances is listed as endangered and the applicant wishes to 
engage in activities identified in the Agreement and otherwise 
prohibited by Sec. 17.31, the applicant must apply for an enhancement of 
survival permit for species covered by the Agreement. The permit will 
become valid if and when covered proposed, candidate or other unlisted 
species is listed as an endangered species. The applicant must submit an 
official Service application form (3-200.54) that includes the following 
information:
    (i) The common and scientific names of the species for which the 
applicant requests incidental take authorization;
    (ii) A description of the land use or water management activity for 
which the applicant requests incidental take authorization; and
    (iii) A Candidate Conservation Agreement that complies with the 
requirements of the Candidate Conservation Agreement with Assurances 
policy available from the Service.
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (d)(1) of this section, the Director will 
decide whether or not to issue a permit. The Director shall consider the 
general issuance criteria in Sec. 13.21(b) of this subchapter, except 
for Sec. 13.21(b)(4), and may issue the permit if he or she finds:
    (i) The take will be incidental to an otherwise lawful activity and 
will be in accordance with the terms of the Candidate Conservation 
Agreement;
    (ii) The Candidate Conservation Agreement complies with the 
requirements of the Candidate Conservation Agreement with Assurances 
policy available from the Service;
    (iii) The probable direct and indirect effects of any authorized 
take will not appreciably reduce the likelihood of survival and recovery 
in the wild of any species;
    (iv) Implementation of the terms of the Candidate Conservation 
Agreement is consistent with applicable Federal, State, and Tribal laws 
and regulations;
    (v) Implementation of the terms of the Candidate Conservation 
Agreement will not be in conflict with any ongoing conservation programs 
for species covered by the permit; and
    (vi) The applicant has shown capability for and commitment to 
implementing all of the terms of the Candidate Conservation Agreement.
    (3) Permit conditions. In addition to any applicable general permit 
conditions set forth in part 13 of this subchapter, every permit issued 
under this paragraph (d) is subject to the following special conditions:
    (i) A requirement for the property owner to notify the Service of 
any transfer of lands subject to a Candidate Conservation Agreement;
    (ii) A requirement for the property owner to notify the Service at 
least 30 days in advance, but preferably as far in advance as possible, 
of when he or she expects to incidentally take any species covered under 
the permit. Such notification will provide the Service with an 
opportunity to translocate affected individuals of the species, if 
possible and appropriate; and

[[Page 175]]

    (iii) Any additional requirements or conditions the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
Candidate Conservation Agreement.
    (4) Permit effective date. Permits issued under this paragraph (d) 
become effective for a species covered by a Candidate Conservation 
Agreement on the effective date of a final rule that lists a covered 
species as endangered.
    (5) Assurances provided to permittee in case of changed or 
unforeseen circumstances. The assurances in this paragraph (d)(5) apply 
only to permits issued in accordance with paragraph (d)(2) where the 
Candidate Conservation with Assurances Agreement is being properly 
implemented, and apply only with respect to species adequately covered 
by the Candidate Conservation with Assurances Agreement. These 
assurances cannot be provided to Federal agencies.
    (i) Changed circumstances provided for in the Agreement. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and were provided for in the 
Agreement's operating conservation program, the permittee will implement 
the measures specified in the Agreement.
    (ii) Changed circumstances not provided for in the Agreement. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and such measures were not provided for 
in the Agreement's operating conservation program, the Director will not 
require any conservation and mitigation measures in addition to those 
provided for in the Agreement without the consent of the permittee, 
provided the Agreement is being properly implemented.
    (iii) Unforeseen circumstances. (A) In negotiating unforeseen 
circumstances, the Director will not require the commitment of 
additional land, water, or financial compensation or additional 
restrictions on the use of land, water, or other natural resources 
beyond the level otherwise agreed upon for the species covered by the 
Agreement without the consent of the permittee.
    (B) If additional conservation and mitigation measures are deemed 
necessary to respond to unforeseen circumstances, the Director may 
require additional measures of the permittee where the Agreement is 
being properly implemented, but only if such measures are limited to 
modifications within conserved habitat areas, if any, or to the 
Agreement's operating conservation program for the affected species, and 
maintain the original terms of the Agreement to the maximum extent 
possible. Additional conservation and mitigation measures will not 
involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the Agreement without the consent of the 
permittee.
    (C) The Director will have the burden of demonstrating that 
unforeseen circumstances exist, using the best scientific and commercial 
data available. These findings must be clearly documented and based upon 
reliable technical information regarding the status and habitat 
requirements of the affected species. The Director will consider, but 
not be limited to, the following factors:
    (1) Size of the current range of the affected species;
    (2) Percentage of range adversely affected by the Agreement;
    (3) Percentage of range conserved by the Agreement;
    (4) Ecological significance of that portion of the range affected by 
the Agreement;
    (5) Level of knowledge about the affected species and the degree of 
specificity of the species' conservation program under the Agreement; 
and
    (6) Whether failure to adopt additional conservation measures would 
appreciably reduce the likelihood of survival and recovery of the 
affected species in the wild.
    (6) Additional actions. Nothing in this rule will be construed to 
limit or constrain the Director, any Federal, State, local or Tribal 
government agency, or a private entity, from taking additional actions 
at its own expense to protect or conserve a species included in a 
Candidate Conservation with Assurances Agreement.

[[Page 176]]

    (7) Criteria for revocation. A permit issued under this paragraph 
(d) may not be revoked for any reason except those set forth in 
Sec. 13.28(a)(1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in paragraph (d)(2)(iii) of this section and the inconsistency has 
not been remedied in a timely fashion.
    (8) Duration of the Candidate Conservation Agreement. The duration 
of a Candidate Conservation Agreement covered by a permit issued under 
this paragraph (d) must be sufficient to enable the Director to 
determine that the benefits of the conservation measures in the 
Agreement, when combined with those benefits that would be achieved if 
it is assumed that the conservation measures would also be implemented 
on other necessary properties, would preclude or remove any need to list 
the species covered by the Agreement.
    (e) Objection to permit issuance. (1) In regard to any notice of a 
permit application published in the Federal Register, any interested 
party that objects to the issuance of a permit, in whole or in part, 
may, during the comment period specified in the notice, request 
notification of the final action to be taken on the application. A 
separate written request shall be made for each permit application. Such 
a request shall specify the Service's permit application number and 
state the reasons why that party believes the applicant does not meet 
the issuance criteria contained in Secs. 13.21 and 17.22 of this 
subchapter or other reasons why the permit should not be issued.
    (2) If the Service decides to issue a permit contrary to objections 
received pursuant to paragraph (c)(1) of this section, then the Service 
shall, at least ten days prior to issuance of the permit, make 
reasonable efforts to contact by telephone or other expedient means, any 
party who has made a request pursuant to paragraph (c)(1) of this 
section and inform that party of the issuance of the permit. However, 
the Service may reduce the time period or dispense with such notice if 
it determines that time is of the essence and that delay in issuance of 
the permit would: (i) Harm the specimen or population involved; or (ii) 
unduly hinder the actions authorized under the permit.
    (3) The Service will notify any party filing an objection and 
request for notice under paragraph (c)(1) of this section of the final 
action taken on the application, in writing. If the Service has reduced 
or dispensed with the notice period referred to in paragraph (c)(2) of 
this section, it will include its reasons therefore in such written 
notice.

[50 FR 39687, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 
63 FR 52635, Oct. 1, 1998; 64 FR 32711, June 17, 1999; 64 FR 52676, 
Sept. 30, 1999]



Sec. 17.23  Economic hardship permits.

    Upon receipt of a complete application, the Director may issue a 
permit authorizing any activity otherwise prohibited by Sec. 17.21, in 
accordance with the issuance criteria of this section in order to 
prevent undue economic hardship. The Director shall publish notice in 
the Federal Register of each application for a permit that is made under 
this section. Each notice shall invite the submission from interested 
parties, within 30 days after the date of the notice, of written data, 
views, or arguments with respect to the application. The 30-day period 
may be waived by the Director in an emergency situation where the life 
or health of an endangered animal is threatened and no reasonable 
alternative is available to the applicant. Notice of any such waiver 
shall be published in the Federal Register within 10 days following 
issuance of the permit.
    (a) Application requirements. Applications for permits under this 
section must be submitted to the Director by the person allegedly 
suffering undue economic hardship because his desired activity is 
prohibited by Sec. 17.21. Each application must be submitted on an 
official application form (Form 3-200) provided by the Service, and must 
include, as an attachment, all of the information required in Sec. 17.22 
plus the following additional information:
    (1) The possible legal, economic or subsistence alternatives to the 
activity sought to be authorized by the permit;
    (2) A full statement, accompanied by copies of all relevant 
contracts and

[[Page 177]]

correspondence, showing the appli- cant's involvement with the wildlife 
sought to be covered by the permit (as well as his involvement with 
similar wildlife), including, where applicable, that portion of 
applicant's income derived from the taking of such wildlife, or the 
subsistence use of such wildlife, during the calendar year immediately 
preceding either the notice in the Federal Register of review of the 
status of the species or of the proposal to list such wildlife as 
endangered, whichever is earliest;
    (3) Where applicable, proof of a contract or other binding legal 
obligation which:
    (i) Deals specifically with the wildlife sought to be covered by the 
permit;
    (ii) Became binding prior to the date when the notice of a review of 
the status of the species or the notice of proposed rulemaking proposing 
to list such wildlife as endangered was published in the Federal 
Register, whichever is earlier; and
    (iii) Will cause monetary loss of a given dollar amount if the 
permit sought under this section is not granted.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued under any of the three 
categories of economic hardship, as defined in section 10(b)(2) of the 
Act. In making his decisions, the Director shall consider, in addition 
to the general criteria in Sec. 13.21(b) of this subchapter, the 
following factors:
    (1) Whether the purpose for which the permit is being requested is 
adequate to justify removing from the wild or otherwise changing the 
status of the wildlife sought to be covered by the permit;
    (2) The probable direct and indirect effect which issuing the permit 
would have on the wild populations of the wildlife sought to be covered 
by the permit;
    (3) The economic, legal, subsistence, or other alternatives or 
relief available to the applicant;
    (4) The amount of evidence that the applicant was in fact party to a 
contract or other binding legal obligation which;
    (i) Deals specifically with the wildlife sought to be covered by the 
permit; and
    (ii) Became binding prior to the date when the notice of a review of 
the status of the species or the notice of proposed rulemaking proposing 
to list such wildlife as endangered was published in the Federal 
Register, whichever is earlier.
    (5) The severity of economic hardship which the contract or other 
binding legal obligation referred to in paragraph (b)(4) of this section 
would cause if the permit were denied;
    (6) Where applicable, the portion of the applicant's income which 
would be lost if the permit were denied, and the relationship of that 
portion to the balance of his income;
    (7) Where applicable, the nature and extent of subsistence taking 
generally by the applicant; and
    (8) The likelihood that applicant can reasonably carry out his 
desired activity within one year from the date a notice is published in 
the Federal Register to review status of such wildlife, or to list such 
wildlife as endangered, whichever is earlier.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) In addition to any reporting requirements contained in the 
permit itself, the permittee shall also submit to the Director a written 
report of his activities pursuant to the permit. Such report must be 
postmarked or actually delivered no later than 10 days after completion 
of the activity.
    (2) The death or escape of all living wildlife covered by the permit 
shall be immediately reported to the Service's office designated in the 
permit.
    (d) Duration of permits issued under this section shall be 
designated on the face of the permit. No permit issued under this 
section, however, shall be valid for more than one year from the date a 
notice is published in the Federal Register to review status of such 
wildlife, or to list such wildlife as endangered, whichever is earlier.

[40 FR 44415, Sept. 26, 1975, as amended at 40 FR 53400, Nov. 18, 1975; 
40 FR 58307, Dec. 16, 1975; 50 FR 39688, Sept. 30, 1985]

[[Page 178]]



                     Subpart D--Threatened Wildlife



Sec. 17.31  Prohibitions.

    (a) Except as provided in subpart A of this part, or in a permit 
issued under this subpart, all of the provisions in Sec. 17.21 shall 
apply to threatened wildlife, except Sec. 17.21(c)(5).
    (b) In addition to any other provisions of this part 17, any 
employee or agent of the Service, of the National Marine Fisheries 
Service, or of a State conservation agency which is operating a 
conservation program pursuant to the terms of a Cooperative Agreement 
with the Service in accordance with section 6(c) of the Act, who is 
designated by his agency for such purposes, may, when acting in the 
course of his official duties, take those threatened species of wildlife 
which are covered by an approved cooperative agreement to carry out 
conservation programs.
    (c) Whenever a special rule in Secs. 17.40 to 17.48 applies to a 
threatened species, none of the provisions of paragraphs (a) and (b) of 
this section will apply. The special rule will contain all the 
applicable prohibitions and exceptions.

[43 FR 18181, Apr. 28, 1978, as amended at 44 FR 31580, May 31, 1979]



Sec. 17.32  Permits--general.

    Upon receipt of a complete application the Director may issue a 
permit for any activity otherwise prohibited with regard to threatened 
wildlife. Such permit shall be governed by the provisions of this 
section unless a special rule applicable to the wildlife, appearing in 
Secs. 17.40 to 17.48, of this part provides otherwise. Permits issued 
under this section must be for one of the following purposes: Scientific 
purposes, or the enhancement of propagation or survival, or economic 
hardship, or zoological exhibition, or educational purposes, or 
incidental taking, or special purposes consistent with the purposes of 
the Act. Such permits may authorize a single transaction, a series of 
transactions, or a number of activities over a specific period of time.
    (a)(1) Application requirements for permits for scientific purposes, 
or the enhancement of propagation or survival, or economic hardship, or 
zoological exhibition, or educational purposes, or special purposes 
consistent with the purposes of the Act. A person wishing to get a 
permit for an activity prohibited by Sec. 17.31 submits an application 
for activities under this paragraph. The Service provides Form 3-200 for 
the application to which as much of the following information relating 
to the purpose of the permit must be attached:
    (i) The Common and scientific names of the species sought to be 
covered by the permit, as well as the number, age, and sex of such 
species, and the activity sought to be authorized (such as taking, 
exporting, selling in interstate commerce);
    (ii) A statement as to whether, at the time of application, the 
wildlife sought to be covered by the permit (A) is still in the wild, 
(B) has already been removed from the wild, or (C) was born in 
captivity;
    (iii) A resume of the applicant's attempts to obtain the wildlife 
sought to be covered by the permit in a manner which would not cause the 
death or removal from the wild of such wildlife;
    (iv) If the wildlife sought to be covered by the permit has already 
been removed from the wild, the country and place where such removal 
occurred; if the wildlife sought to be covered by permit was born in 
captivity, the country and place where such wildlife was born;
    (v) A complete description and address of the institution or other 
facility where the wildlife sought to be covered by the permit will be 
used, displayed, or maintained;
    (vi) If the applicant seeks to have live wildlife covered by the 
permit, a complete description, including photographs or diagrams, of 
the facilities to house and/or care for the wildlife and a resume of the 
experience of those persons who will be caring for the wildlife;
    (vii) A full statement of the reasons why the applicant is justified 
in obtaining a permit including the details of the activities sought to 
be authorized by the permit;
    (viii) If the application is for the purpose of enhancement of 
propagation, a statement of the applicant's willingness to participate 
in a cooperative breeding program and to maintain or contribute data to 
a studbook;

[[Page 179]]

    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a)(1) of this section, the Director will 
decide whether or not a permit should be issued. In making this 
decision, the Director shall consider, in addition to the general 
criteria in Sec. 13.21(b) of this subchapter, the following factors:
    (i) Whether the purpose for which the permit is required is adequate 
to justify removing from the wild or otherwise changing the status of 
the wildlife sought to be covered by the permit;
    (ii) The probable direct and indirect effect which issuing the 
permit would have on the wild populations of the wildlife sought to be 
covered by the permit;
    (iii) Whether the permit, if issued, would in any way, directly or 
indirectly, conflict with any known program intended to enhance the 
survival probabilities of the population from which the wildlife sought 
to be covered by the permit was or would be removed;
    (iv) Whether the purpose for which the permit is required would be 
likely to reduce the threat of extinction facing the species of wildlife 
sought to be covered by the permit;
    (v) The opinions or views of scientists or other persons or 
organizations having expertise concerning the wildlife or other matters 
germane to the application; and
    (vi) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application.
    (3) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
paragraph shall be subject to the special condition that the escape of 
living wildlife covered by the permit shall be immediately reported to 
the Service office designated in the permit.
    (4) Duration of permits. The duration of permits issued under this 
paragraph shall be designated on the face of the permit.
    (b)(1) Application requirements for permits for incidental taking. 
(i) A person wishing to get a permit for an activity prohibited by 
Sec. 17.31 submits an application for activities under this paragraph.
    (ii) The director shall publish notice in the Federal Register of 
each application for a permit that is made under this section. Each 
notice shall invite the submission from interested parties, within 30 
days after the date of the notice, of written data, views, or arguments 
with respect to the application.
    (iii) Each application must be submitted on an official application 
(Form 3-200) provided by the Service, and must include as an attachment, 
all of the following information:
    (A) A complete description of the activity sought to be authorized;
    (B) The common and scientific names of the species sought to be 
covered by the permit, as well as the number, age, and sex of such 
species, if known;
    (C) A conservation plan that specifies:
    (1) The impact that will likely result from such taking;
    (2) What steps the applicant will take to monitor, minimize, and 
mitigate such impacts, the funding that will be available to implement 
such steps, and the procedures to be used to deal with unforeseen 
circumstances;
    (3) What alternative actions to such taking the applicant considered 
and the reasons why such alternatives are not proposed to be utilized; 
and
    (4) Such other measures that the Director may require as being 
necessary or appropriate for purposes of the plan.
    (2) Issuance criteria. (i) Upon receiving an application completed 
in accordance with paragraph (b)(1) of this section, the Director will 
decide whether or not a permit should be issued. The Director shall 
consider the general issuance criteria in 13.21(b) of this subchapter, 
except for 13.21(b)(4), and shall issue the permit if he or she finds 
that:
    (A) The taking will be incidental;
    (B) The applicant will, to the maximum extent practicable, minimize 
and mitigate the impacts of such takings;
    (C) The applicant will ensure that adequate funding for the 
conservation plan and procedures to deal with unforeseen circumstances 
will be provided;
    (D) The taking will not appreciably reduce the likelihood of the 
survival and recovery of the species in the wild;

[[Page 180]]

    (E) The measures, if any, required under paragraph (b)(1)(iii)(D) of 
this section will be met; and
    (F) He or she has received such other assurances as he or she may 
require that the plan will be implemented.
    (ii) In making his or her decision, the Director shall also consider 
the anticipated duration and geographic scope of the applicant's planned 
activities, including the amount of listed species habitat that is 
involved and the degree to which listed species and their habitats are 
affected.
    (3) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
paragraph shall contain such terms and conditions as the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
conservation plan including, but not limited to, monitoring and 
reporting requirements deemed necessary for determining whether such 
terms and conditions are being complied with. The Director shall rely 
upon existing reporting requirements to the maximum extent practicable.
    (4) Duration of permits. The duration of permits issued under this 
paragraph shall be sufficient to provide adequate assurances to the 
permittee to commit funding necessary for the activities authorized by 
the permit, including conservation activities and land use restrictions. 
In determining the duration of a permit, the Director shall consider the 
duration of the planned activities, as well as the possible positive and 
negative effects associated with permits of the proposed duration on 
listed species, including the extent to which the conservation plan will 
enhance the habitat of listed species and increase the long-term 
survivability of such species.
    (5) Assurances provided to permittee in case of changed or 
unforeseen circumstances. The assurances in this paragraph (b)(5) apply 
only to incidental take permits issued in accordance with paragraph 
(b)(2) of this section where the conservation plan is being properly 
implemented, and apply only with respect to species adequately covered 
by the conservation plan. These assurances cannot be provided to Federal 
agencies. This rule does not apply to incidental take permits issued 
prior to March 25, 1998. The assurances provided in incidental take 
permits issued prior to March 25, 1998 remain in effect, and those 
permits will not be revised as a result of this rulemaking.
    (i) Changed circumstances provided for in the plan. If additional 
conservation and mitigation measures are deemed necessary to respond to 
changed circumstances and were provided for in the plan's operating 
conservation program, the permittee will implement the measures 
specified in the plan.
    (ii) Changed circumstances not provided for in the plan. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and such measures were not provided for 
in the plan's operating conservation program, the Director will not 
require any conservation and mitigation measures in addition to those 
provided for in the plan without the consent of the permittee, provided 
the plan is being properly implemented.
    (iii) Unforeseen circumstances. (A) In negotiating unforeseen 
circumstances, the Director will not require the commitment of 
additional land, water, or financial compensation or additional 
restrictions on the use of land, water, or other natural resources 
beyond the level otherwise agreed upon for the species covered by the 
conservation plan without the consent of the permittee.
    (B) If additional conservation and mitigation measures are deemed 
necessary to respond to unforeseen circumstances, the Director may 
require additional measures of the permittee where the conservation plan 
is being properly implemented, but only if such measures are limited to 
modifications within conserved habitat areas, if any, or to the 
conservation plan's operating conservation program for the affected 
species, and maintain the original terms of the conservation plan to the 
maximum extent possible. Additional conservation and mitigation measures 
will not involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the conservation plan without the consent of the 
permittee.

[[Page 181]]

    (C) The Director will have the burden of demonstrating that such 
unforeseen circumstances exist, using the best scientific and commercial 
data available. These findings must be clearly documented and based upon 
reliable technical information regarding the status and habitat 
requirements of the affected species. The Director will consider, but 
not be limited to, the following factors:
    (1) Size of the current range of the affected species;
    (2) Percentage of range adversely affected by the conservation plan;
    (3) Percentage of range conserved by the conservation plan;
    (4) Ecological significance of that portion of the range affected by 
the conservation plan;
    (5) Level of knowledge about the affected species and the degree of 
specificity of the species' conservation program under the conservation 
plan; and
    (6) Whether failure to adopt additional conservation measures would 
appreciably reduce the likelihood of survival and recovery of the 
affected species in the wild.
    (6) Nothing in this rule will be construed to limit or constrain the 
Director, any Federal, State, local, or Tribal government agency, or a 
private entity, from taking additional actions at its own expense to 
protect or conserve a species included in a conservation plan.
    (7) Discontinuance of permit activity. Notwithstanding the 
provisions of Sec. 13.26 of this subchapter, a permittee under this 
paragraph (b) remains responsible for any outstanding minimization and 
mitigation measures required under the terms of the permit for take that 
occurs prior to surrender of the permit and such minimization and 
mitigation measures as may be required pursuant to the termination 
provisions of an implementing agreement, habitat conservation plan, or 
permit even after surrendering the permit to the Service pursuant to 
Sec. 13.26 of this subchapter. The permit shall be deemed canceled only 
upon a determination by the Service that such minimization and 
mitigation measures have been implemented. Upon surrender of the permit, 
no further take shall be authorized under the terms of the surrendered 
permit.
    (8) Criteria for revocation. A permit issued under this paragraph 
(b) may not be revoked for any reason except those set forth in 
Sec. 13.28(a)(1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in 16 U.S.C. 1539(a)(2)(B)(iv) and the inconsistency has not been 
remedied in a timely fashion.
    (c)(1) Application requirements for permits for the enhancement of 
survival through Safe Harbor Agreements. The applicant must submit an 
application for a permit under this paragraph (c) to the appropriate 
Regional Director, U.S. Fish and Wildlife Service, for the Region where 
the applicant resides or where the proposed action is to occur (for 
appropriate addresses, see 50 CFR 10.22), if the applicant wishes to 
engage in any activity prohibited by Sec. 17.31. The applicant must 
submit an official Service application form (3-200.54) that includes the 
following information:
    (i) The common and scientific names of the listed species for which 
the applicant requests incidental take authorization;
    (ii) A description of the land use or water management activity for 
which the applicant requests incidental take authorization;
    (iii) A Safe Harbor Agreement that complies with the requirements of 
the Safe Harbor policy available from the Service; and
    (iv) The Director must publish notice in the Federal Register of 
each application for a permit that is made under this paragraph (c). 
Each notice must invite the submission from interested parties within 30 
days after the date of the notice of written data, views, or arguments 
with respect to the application. The procedures included in 
Sec. 17.22(e) for permit objection apply to any notice published by the 
Director under this paragraph (c).
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (c)(1) of this section, the Director will 
decide whether or not to issue a permit. The Director shall consider the 
general issuance criteria in Sec. 13.21(b) of this subchapter, except

[[Page 182]]

for Sec. 13.21(b)(4), and may issue the permit if he or she finds:
    (i) The take will be incidental to an otherwise lawful activity and 
will be in accordance with the terms of the Safe Harbor Agreement;
    (ii) The implementation of the terms of the Safe Harbor Agreement 
will provide a net conservation benefit to the affected listed species 
by contributing to the recovery of listed species included in the permit 
and the Safe Harbor Agreement otherwise complies with the Safe Harbor 
policy available from the Service;
    (iii) The probable direct and indirect effects of any authorized 
take will not appreciably reduce the likelihood of survival and recovery 
in the wild of any listed species;
    (iv) Implementation of the terms of the Safe Harbor Agreement is 
consistent with applicable Federal, State, and Tribal laws and 
regulations;
    (v) Implementation of the terms of the Safe Harbor Agreement will 
not be in conflict with any ongoing conservation or recovery programs 
for listed species covered by the permit; and
    (vi) The applicant has shown capability for and commitment to 
implementing all of the terms of the Safe Harbor Agreement.
    (3) Permit conditions. In addition to any applicable general permit 
conditions set forth in part 13 of this subchapter, every permit issued 
under this paragraph (c) is subject to the following special conditions:
    (i) A requirement for the participating property owner to notify the 
Service of any transfer of lands subject to a Safe Harbor Agreement;
    (ii) A requirement for the property owner to notify the Service at 
least 30 days in advance, but preferably as far in advance as possible, 
of when he or she expects to incidentally take any listed species 
covered under the permit. Such notification will provide the Service 
with an opportunity to translocate affected individuals of the species, 
if possible and appropriate; and
    (iii) Any additional requirements or conditions the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
Safe Harbor Agreement.
    (4) Permit effective date. Permits issued under this paragraph (c) 
become effective the day of issuance for species covered by the Safe 
Harbor Agreement.
    (5) Assurances provided to permittee. (i) The assurances in 
subparagraph (ii) of this paragraph (c)(5) apply only to Safe Harbor 
permits issued in accordance with paragraph (c)(2) of this section where 
the Safe Harbor Agreement is being properly implemented, and apply only 
with respect to species covered by the Agreement and permit. These 
assurances cannot be provided to Federal agencies. The assurances 
provided in this section apply only to Safe Harbor permits issued after 
July 19, 1999.
    (ii) If additional conservation and mitigation measures are deemed 
necessary, the Director may require additional measures of the 
permittee, but only if such measures are limited to modifications within 
conserved habitat areas, if any, for the affected species and maintain 
the original terms of the Safe Harbor Agreement to the maximum extent 
possible. Additional conservation and mitigation measures will not 
involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the Safe Harbor Agreement without the consent of 
the permittee.
    (6) Additional actions. Nothing in this rule will be construed to 
limit or constrain the Director, any Federal, State, local or Tribal 
government agency, or a private entity, from taking additional actions 
at its own expense to protect or conserve a species included in a Safe 
Harbor Agreement.
    (7) Criteria for revocation. A permit issued under this paragraph 
(c) may not be revoked for any reason except those set forth in 
Sec. 13.28(a)(1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in 17.22(c)(2)(iii) and the inconsistency has not been remedied in 
a timely fashion.
    (8) Duration of permits. The duration of permits issued under this 
paragraph (c) must be sufficient to provide a net conservation benefit 
to species covered in the enhancement of survival permit.

[[Page 183]]

In determining the duration of a permit, the Director will consider the 
duration of the planned activities, as well as the positive and negative 
effects associated with permits of the proposed duration on covered 
species, including the extent to which the conservation activities 
included in the Safe Harbor Agreement will enhance the survival and 
contribute to the recovery of listed species included in the permit.
    (d)(1) Application requirements for permits for the enhancement of 
survival through Candidate Conservation Agreements with Assurances. The 
applicant must submit an application for a permit under this paragraph 
(d) to the appropriate Regional Director, U.S. Fish and Wildlife 
Service, for the Region where the applicant resides or where the 
proposed activity is to occur (for appropriate addresses, see 50 CFR 
10.22). When a species covered by a Candidate Conservation Agreement 
with Assurances is listed as threatened and the applicant wishes to 
engage in activities identified in the Agreement and otherwise 
prohibited by Sec. 17.31, the applicant must apply for an enhancement of 
survival permit for species covered by the Agreement. The permit will 
become valid if and when covered proposed, candidate or other unlisted 
species is listed as a threatened species. The applicant must submit an 
official Service application form (3-200.54) that includes the following 
information:
    (i) The common and scientific names of the species for which the 
applicant requests incidental take authorization;
    (ii) A description of the land use or water management activity for 
which the applicant requests incidental take authorization; and
    (iii) A Candidate Conservation Agreement that complies with the 
requirements of the Candidate Conservation Agreement with Assurances 
policy available from the Service.
    (iv) The Director must publish notice in the Federal Register of 
each application for a permit that is made under this paragraph (d). 
Each notice must invite the submission from interested parties within 30 
days after the date of the notice of written data, views, or arguments 
with respect to the application. The procedures included in 
Sec. 17.22(e) for permit objection apply to any notice published by the 
Director under this paragraph (d).
    (2) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (d)(1) of this section, the Director will 
decide whether or not to issue a permit. The Director shall consider the 
general issuance criteria in Sec. 13.21(b) of this subchapter, except 
for Sec. 13.21(b)(4), and may issue the permit if he or she finds:
    (i) The take will be incidental to an otherwise lawful activity and 
will be in accordance with the terms of the Candidate Conservation 
Agreement;
    (ii) The Candidate Conservation Agreement complies with the 
requirements of the Candidate Conservation Agreement with Assurances 
policy available from the Service;
    (iii) The probable direct and indirect effects of any authorized 
take will not appreciably reduce the likelihood of survival and recovery 
in the wild of any species;
    (iv) Implementation of the terms of the Candidate Conservation 
Agreement is consistent with applicable Federal, State, and Tribal laws 
and regulations;
    (v) Implementation of the terms of the Candidate Conservation 
Agreement will not be in conflict with any ongoing conservation programs 
for species covered by the permit; and
    (vi) The applicant has shown capability for and commitment to 
implementing all of the terms of the Candidate Conservation Agreement.
    (3) Permit conditions. In addition to any applicable general permit 
conditions set forth in part 13 of this subchapter, every permit issued 
under this paragraph (d) is subject to the following special conditions:
    (i) A requirement for the property owner to notify the Service of 
any transfer of lands subject to a Candidate Conservation Agreement;
    (ii) A requirement for the property owner to notify the Service at 
least 30 days in advance, but preferably as far in advance as possible, 
of when he or she expects to incidentally take any species covered under 
the permit. Such notification will provide the Service with an 
opportunity to translocate affected individuals of the species, if 
possible and appropriate; and

[[Page 184]]

    (iii) Any additional requirements or conditions the Director deems 
necessary or appropriate to carry out the purposes of the permit and the 
Candidate Conservation Agreement.
    (4) Permit effective date. Permits issued under this paragraph (d) 
become effective for a species covered by a Candidate Conservation 
Agreement on the effective date of a final rule that lists a covered 
species as threatened.
    (5) Assurances provided to permittee in case of changed or 
unforeseen circumstances. The assurances in this paragraph (d)(5) apply 
only to permits issued in accordance with paragraph (d)(2) where the 
Candidate Conservation with Assurances Agreement is being properly 
implemented, and apply only with respect to species adequately covered 
by the Candidate Conservation with Assurances Agreement. These 
assurances cannot be provided to Federal agencies.
    (i) Changed circumstances provided for in the Agreement. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and were provided for in the 
Agreement's operating conservation program, the permittee will implement 
the measures specified in the Agreement.
    (ii) Changed circumstances not provided for in the Agreement. If 
additional conservation and mitigation measures are deemed necessary to 
respond to changed circumstances and such measures were not provided for 
in the Agreement's operating conservation program, the Director will not 
require any conservation and mitigation measures in addition to those 
provided for in the Agreement without the consent of the permittee, 
provided the Agreement is being properly implemented.
    (iii) Unforeseen circumstances. (A) In negotiating unforeseen 
circumstances, the Director will not require the commitment of 
additional land, water, or financial compensation or additional 
restrictions on the use of land, water, or other natural resources 
beyond the level otherwise agreed upon for the species covered by the 
Agreement without the consent of the permittee.
    (B) If additional conservation and mitigation measures are deemed 
necessary to respond to unforeseen circumstances, the Director may 
require additional measures of the permittee where the Agreement is 
being properly implemented, but only if such measures are limited to 
modifications within conserved habitat areas, if any, or to the 
Agreement's operating conservation program for the affected species, and 
maintain the original terms of the Agreement to the maximum extent 
possible. Additional conservation and mitigation measures will not 
involve the commitment of additional land, water or financial 
compensation or additional restrictions on the use of land, water, or 
other natural resources otherwise available for development or use under 
the original terms of the Agreement without the consent of the 
permittee.
    (C) The Director will have the burden of demonstrating that 
unforeseen circumstances exist, using the best scientific and commercial 
data available. These findings must be clearly documented and based upon 
reliable technical information regarding the status and habitat 
requirements of the affected species. The Director will consider, but 
not be limited to, the following factors:
    (1) Size of the current range of the affected species;
    (2) Percentage of range adversely affected by the Agreement;
    (3) Percentage of range conserved by the Agreement;
    (4) Ecological significance of that portion of the range affected by 
the Agreement;
    (5) Level of knowledge about the affected species and the degree of 
specificity of the species' conservation program under the Agreement; 
and
    (6) Whether failure to adopt additional conservation measures would 
appreciably reduce the likelihood of survival and recovery of the 
affected species in the wild.
    (6) Additional actions. Nothing in this rule will be construed to 
limit or constrain the Director, any Federal, State, local or Tribal 
government agency, or a private entity, from taking additional actions 
at its own expense to protect or conserve a species included in a 
Candidate Conservation with Assurances Agreement.

[[Page 185]]

    (7) Criteria for revocation. A permit issued under this paragraph 
(d) may not be revoked for any reason except those set forth in 
Sec. 13.28(a)(1) through (4) of this subchapter or unless continuation 
of the permitted activity would be inconsistent with the criterion set 
forth in paragraph (d)(2)(iii) of this section and the inconsistency has 
not been remedied in a timely fashion.
    (8) Duration of the Candidate Conservation Agreement. The duration 
of a Candidate Conservation Agreement covered by a permit issued under 
this paragraph (d) must be sufficient to enable the Director to 
determine that the benefits of the conservation measures in the 
Agreement, when combined with those benefits that would be achieved if 
it is assumed that the conservation measures would also be implemented 
on other necessary properties, would preclude or remove any need to list 
the species covered by the Agreement.

[50 FR 39689, Sept. 30, 1985, as amended at 63 FR 8871, Feb. 23, 1998; 
63 FR 52635, Oct. 1, 1998; 64 FR 32714, June 17, 1999; 64 FR 52676, 
Sept. 30, 1999]



Sec. 17.40  Special rules--mammals.

    (a) [Reserved]
    (b) Grizzly bear (Ursus arctos)--(1) Prohibitions. The following 
prohibitions apply to the grizzly bear:
    (i) Taking. (A) Except as provided in paragraphs (b)(1)(i)(B) 
through (F) of this section, no person shall take any grizzly bear in 
the 48 conterminous states of the United States.
    (B) Grizzly bears may be taken in self-defense or in defense of 
others, but such taking shall be reported, within 5 days of occurrence, 
to the Assistant Regional Director, Division of Law Enforcement, U.S. 
Fish and Wildlife Service, P.O. Box 25486, Denver Federal Center, 
Denver, Colorado 80225 (303/236-7540 or FTS 776-7540), if occurring in 
Montana or Wyoming, or to the Assistant Regional Director, Division of 
Law Enforcement, U.S. Fish and Wildlife Service, Lloyd 500 Building, 
Suite 1490, 500 Northeast Multnomah Street, Portland, Oregon 97232 (503/
231-6125 or FTS 429-6125), if occurring in Idaho or Washington, and to 
appropriate State and Indian Reservation Tribal authorities. Grizzly 
bears or their parts taken in self-defense or in defense of others shall 
not be possessed, delivered, carried, transported, shipped, exported, 
received, or sold, except by Federal, State, or Tribal authorities.
    (C) Removal of nuisance bears. A grizzly bear consituting a 
demonstrable but non immediate threat to human safety or committing 
significant depredations to lawfully present livestock, crops, or 
beehives may be taken, but only if:
    (1) It has not been reasonably possible to eliminate such threat or 
depredation by live-capturing and releasing unharmed in a remote area 
the grizzly bear involved; and
    (2) The taking is done in a humane manner by authorized Federal, 
State, or Tribal authorities, and in accordance with current interagency 
guidelines covering the taking of such nuisance bears; and
    (3) The taking is reported within 5 days of occurrence to the 
appropriate Assistant Regional Director, Division of Law Enforcement, 
U.S. Fish and Wildlife Service, as indicated in paragraph (b)(1)(i)(B) 
of this section, and to appropriate State and Tribal authorities.
    (D) Federal, State, or Tribal scientific or research activities. 
Federal, State, or Tribal authorities may take grizzly bears for 
scientific or research purposes, but only if such taking does not result 
in death or permanent injury to the bears involved. Such taking must be 
reported within 5 days of occurrence to the appropriate Assistant 
Regional Director, Division of Law Enforcement, U.S. Fish and Wildlife 
Service, as indicated in paragraph (b)(1)(i)(B) of this section, and to 
appropriate State and Tribal authorities.
    (E) [Reserved]
    (F) National Parks. The regulations of the National Park Service 
shall govern all taking of grizzly bears in National Parks.
    (ii) Unlawfully taken grizzly bears. (A) Except as provided in 
paragraphs (b)(1)(ii)(B) and (iv) of this section, no person shall 
possess, deliver, carry, transport, ship, export, receive, or sell any 
unlawfully taken grizzly bear. Any unlawful taking of a grizzly bear 
shall be reported within 5 days of occurrence to the appropriate 
Assistant Regional

[[Page 186]]

Director, Division of Law Enforcement, U.S. Fish and Wildlife Service, 
as indicated in paragraph (b)(1)(i)(B) of this section, and to 
appropriate State and Tribal authorities.
    (B) Authorized Federal, State, or Tribal employees, when acting in 
the course of their official duties, may, for scientific or research 
purposes, possess, deliver, carry, transport, ship, export, or receive 
unlawfully taken grizzly bears.
    (iii) Import or export. Except as provided in paragraphs (b)(1)(iii) 
(A) and (B) and (iv) of this section, no person shall import any grizzly 
bear into the United States.
    (A) Federal, State, or Tribal scientific or research activities. 
Federal, State, or Tribal authorities may import grizzly bears into the 
United States for scientific or research purposes.
    (B) Public zoological institution. Public zoological institutions 
(see 50 CFR 10.12) may import grizzly bears into the United States.
    (iv) Commercial transactions. (A) Except as provided in paragraph 
(b)(1)(iv)(B) of this section, no person shall, in the course of 
commercial activity, deliver, receive, carry, transport, or ship in 
interstate or foreign commerce any grizzly bear.
    (B) A public zoological institution (see 50 CFR 10.12) dealing with 
other public zoological institutions may sell grizzly bears or offer 
them for sale in interstate or foreign commerce, and may, in the course 
of commercial activity, deliver, receive, carry, transport, or ship 
grizzly bears in interstate or foreign commerce.
    (v) Other violations. No person shall attempt to commit, cause to be 
committed, or solicit another to commit any act prohibited by paragraph 
(b)(1) of this section.
    (2) Definitions. As used in paragraph (b) of this section:

    Grizzly bear means any member of the species Ursus arctos of the 48 
conterminous States of the United States, including any part, offspring, 
dead body, part of a dead body, or product of such species.
    Grizzly bear accompanied by young means any grizzly bear having 
offspring, including one or more cubs, yearlings, or 2-year-olds, in its 
immediate vicinity.
    Identified means permanently marked or documented so as to be 
identifiable by law enforcement officials at a subsequent date.
    State, Federal or Tribal authority means an employee of State, 
Federal, or Indian Tribal government who, as part of his/her official 
duties, normally handles grizzly bears.
    Young grizzly bear means a cub, yearling, or 2-year-old grizzly 
bear.
[GRAPHIC] [TIFF OMITTED] TC01JN91.000

    (c) Primates. (1) Except as noted in paragraphs (c)(2) and (c)(3) of 
this section, all provisions of Sec. 17.31 shall apply to the lesser 
slow loris, Nycticebus pygmaeus; Philippine tarsier, Tarsius syrichta; 
white-footed tamarin, Saguinus leucopus; black howler monkey, Alouatta 
pigra; stump-tailed macaque, Macaca arctoides; gelada baboon, 
Theropithecus gelada; Formosan rock macaque, Macaca cyclopis; Japanese 
macaque, Macaca fuscata; Toque macaque, Macaca sinica; long-tailed 
langur, Presbytis potenziani; purple-faced langur, Presbytis senex; 
Tonkin snub-nosed langur, Pygathrix (Rhinopithecus) avunculus; and, in 
captivity only, chimpanzee, Pan troglodytes.
    (2) The prohibitions referred to above do not apply to any live 
member of such species held in captivity in the

[[Page 187]]

United States on the effective date of the final rulemaking, or to the 
progeny of such animals, or to the progeny of animals legally imported 
into the United States after the effective date of the final rulemaking, 
Provided, That the person wishing to engage in any activity which would 
otherwise be prohibited must be able to show satisfactory documentary or 
other evidence as to the captive status of the particular member of the 
species on the effective date of this rulemaking or that the particular 
member of the species was born in captivity in the United States after 
the effective date of this rulemaking. Identification of the particular 
member to a record in the International Species Inventory System (ISIS), 
or to a Federal, State or local government permit, shall be deemed to be 
satisfactory evidence. Records in the form of studbooks or inventories, 
kept in the normal course of business, shall be acceptable as evidence, 
provided that a notarized statement is inserted in such record to the 
effect that:
    (i) The records were kept in the normal course of business prior to 
November 18, 1976, and accurately identify (by use of markers, tags, or 
other acceptable marking devices) individual animals; or
    (ii) That the individual animal identified by the records was born 
in captivity on ________(Date).

The notarized statement in paragraph (c)(2)(i) of this section, shall be 
acceptable only if the notarization is dated on or before January 3, 
1977. The notarized statement in paragraph (c)(2)(ii), of this section, 
shall be acceptable only if the notarization is dated within 15 days of 
the date of birth of the animal.
    (3) The provisions of Secs. 17.21, 17.22, and 17.23 shall apply to 
any individual chimpanzee (Pan troglodytes) within the historic range of 
the species, regardless of whether in the wild or captivity, and also 
shall apply to any individual chimpanzee not within this range, but 
which has originated within this range after the effective date of these 
regulations, and also shall apply to the progeny of any such chimpanzee, 
other than to the progeny of animals legally imported into the United 
States after the effective date of these regulations. For the purposes 
of this paragraph, the historic range of the chimpanzee shall consist of 
the following countries: Angola, Benin, Burkina Faso, Burundi, Cameroon, 
Central African Republic, Congo, Cote d'Ivoire, Equatorial Guinea, 
Gabon, Gambia, Ghana, Guinea, Guinea-Bissau, Liberia, Mali, Nigeria, 
Rwanda, Senegal, Sierra Leone, Sudan, Tanzania, Togo, Uganda, and Zaire.
    (d) Gray wolf (Canis lupus) in Minnesota--(1) Zones. For purposes of 
these regulations, the State of Minnesota is divided into the following 
five zones.

                       Zone 1--4,488 Square Miles

    Beginning at the point of intersection of United States and Canadian 
boundaries in Section 22, Township 71 North, Range 22 West, in Rainy 
Lake, then proceeding along the west side of Sections 22, 27, and 34 in 
said Township and Sections 3, 10, 15, 22, 27 and 34 in Township 70 
North, Range 22 West and Sections 3 and 10 in Township 69 North, Range 
22 West; then east along the south boundaries of Sections 10, 11, and 12 
in said Township; then south along the Koochiching and St. Louis 
counties line to Highway 53; thence southeasterly along State Highway 53 
to the junction with County Route 765; thence easterly along County 
Route 765 to the junction with Kabetogama Lake in Ash River Bay; thence 
along the south boundary of Section 33 in Township 69 North, Range 19 
West, to the junction with the Moose River; thence southeasterly along 
the Moose River to Moose Lake; thence along the western shore of Moose 
Lake to the river between Moose Lake and Long Lake; thence along the 
said river to Long Lake; thence along the east shore of Long Lake to the 
drainage on the southeast side of Long Lake in NE\1/4\, Section 18, 
Township 67 North, Range 18 West; thence along the said drainage 
southeasterly and subsequently northeasterly to Marion Lake, the 
drainage being in Sections 17 and 18, Township 67 North, Range 18 West; 
thence along the west shoreline of Marion Lake proceeding southeasterly 
to the Moose Creek; thence along Moose Creek to Flap Creek; thence 
southeasterly along Flap Creek to the Vermilion River; thence southerly 
along the Vermilion River to Vermilion Lake; thence along the Superior 
National Forest boundary in a southeasterly direction through Vermilion 
Lake passing these points: Oak Narrows, Muskrat Channel, South of Pine 
Island, to Hoodo Point and the junction with County Route 697; thence 
southeasterly on County Route 697 to the junction with State Highway 
169; thence easterly along State Highway 169 to the junction with State 
Highway 1; thence easterly along State Highway 1 to the junction with 
the Erie Railroad tracks at Murphy City;

[[Page 188]]

thence easterly along the Erie Railroad tracks to the junction with Lake 
Superior at Taconite Harbor; thence northeasterly along the North Shore 
of Lake Superior to the Canadian Border; thence westerly along the 
Canadian Border to the point of beginning in Rainy Lake.

                       Zone 2--1,856 Square Miles

    Beginning at the intersection of the Erie Mining Co. Railroad and 
State Highway 1 (Murphy City); thence southeasterly on State Highway 1 
to the junction with County Road 4; thence southwesterly on County Road 
4 to the State Snowmobile Trail (formerly the Alger-Smith Railroad); 
thence southwesterly to the intersection of the Old Railroad Grade and 
Reserve Mining Co. Railroad in Section 33 of Township 56 North, Range 9 
West; thence northwesterly along the Railroad to Forest Road 107; thence 
westerly along Forest Road 107 to Forest Road 203; thence westerly along 
Forest Road 203 to the junction with County Route 2; thence in a 
northerly direction on County Route 2 to the junction with Forest Road 
122; thence in a westerly direction along Forest Road 122 to the 
junction with the Duluth, Missable and Iron Range Railroad; thence in a 
southwesterly direction along the said railroad tracks to the junction 
with County Route 14; thence in a northwesterly direction along County 
Route 14 to the junction with County Route 55; thence in a westerly 
direction along County Route 55 to the junction with County Route 44; 
thence in a southerly direction along County Route 44 to the junction 
with County Route 266; thence in a southeasterly direction along County 
Route 266 and subsequently in a westerly direction to the junction with 
County Road 44; thence in a northerly direction on County Road 44 to the 
junction with Township Road 2815; thence westerly along Township Road 
2815 to Alden Lake; thence northwesterly across Alden Lake to the inlet 
of the Cloquet River; thence northerly along the Cloquet River to the 
junction with Carrol Trail-State Forestry Road; thence west along the 
Carrol Trail to the junction with County Route 4 and County Route 49; 
thence west along County Route 49 to the junction with the Duluth, 
Winnipeg and Pacific Railroad; thence in a northerly direction along 
said Railroad to the junction with the Whiteface River; thence in a 
northeasterly direction along the Whiteface River to the Whiteface 
Reservoir; thence along the western shore of the Whiteface Reservoir to 
the junction with County Route 340; thence north along County Route 340 
to the junction with County Route 16; thence east along County Route 16 
to the junction with County Route 346; thence in a northerly direction 
along County Route 346 to the junction with County Route 569; thence 
along County Route 569 to the junction with County Route 565; thence in 
a westerly direction along County Route 565 to the junction with County 
Route 110; thence in a westerly direction along County Route 110 to the 
junction with County Route 100; thence in a north and subsequent west 
direction along County Route 100 to the junction with State Highway 135; 
thence in a northerly direction along State Highway 135 to the junction 
with State Highway 169 at Tower; thence in an easterly direction along 
the southern boundary of Zone 1 to the point of beginning of Zone 2 at 
the junction of the Erie Railroad Tracks and State Highway 1.

                       Zone 3--3,501 Square Miles

    Beginning at the junction of State Highway 11 and State Highway 65; 
thence southeasterly along State Highway 65 to the junction with State 
Highway 1; thence westerly along State Highway 1 to the junction with 
State Highway 72; thence north along State Highway 72 to the junction 
with an un-numbered township road beginning in the northeast corner of 
Section 25, Township 155 North, Range 31 West; thence westerly along the 
said road for approximately seven (7) miles to the junction with SFR 95: 
thence westerly along SFR 95 and continuing west through the southern 
boundary of Sections 36 through 31, Township 155 North, Range 33 West, 
through Sections 36 through 31, Township 155 North, Range 34 West, 
through Sections 36 through 31, Township 155 North, Range 35 West, 
through Sections 36 and 35, Township 155 North, Range 36 West to the 
junction with State Highway 89, thence northwesterly along State Highway 
89 to the junction with County Route 44; thence northerly along County 
Route 44 to the junction with County Route 704; thence northerly along 
County 704 to the junction with SFR 49; thence northerly along SFR 49 to 
the junction with SFR 57; thence easterly along SFR 57 to the junction 
with SFR 63: thence south along SFR 63 to the junction with SFR 70; 
thence easterly along SFR 70 to the junction with County Route 87; 
thence easterly along County Route 87 to the junction with County Route 
1; thence south along County Route 1 to the junction with County Route 
16; thence easterly along County Route 16 to the junction with State 
Highway 72; thence south on State Highway 72 to the junction with a 
gravel road (un-numbered County District Road) on the north side of 
Section 31, Township 158 North, Range 30 West; thence east on said 
District Road to the junction with SFR 62; thence easterly on SFR 62 to 
the junction with SFR 175; thence south on SFR 175 to the junction with 
County Route 101; thence easterly on County Route 101 to the junction 
with County Route 11; thence easterly on County Route 11 to the junction 
with State Highway 11; thence easterly on

[[Page 189]]

State Highway 11 to the junction with State Highway 65, the point of 
beginning.

                       Zone 4--20,883 Square Miles

    Excluding Zones 1, 2 and 3, all that part of Minnesota north and 
east of a line beginning on State Trunk Highway 48 at the eastern 
boundary of the state; thence westerly along Highway 48 to Interstate 
Highway 35; thence northerly on I-35 to State Highway 23, thence west 
one-half mile on Highway 23 to State Trunk Highway 18; thence westerly 
along Highway 18 to State Trunk Highway 65, thence northerly on Highway 
65 to State Trunk Highway 210; thence westerly along Highway 210 to 
State Trunk Highway 6; thence northerly on State Trunk Highway 6 to 
Emily; thence westerly along County State Aid Highway (CSAH) 1, Crow 
Wing County, to CSAH 2, Cass County; thence westerly along CSAH 2 to 
Pine River; thence northwesterly along State Trunk Highway 371 to 
Backus; thence westerly along State Trunk Highway 87 to U.S. Highway 71; 
thence northerly along U.S. 71 to State Trunk Highway 200; thence 
northwesterly along Highway 200, to County State Aid Highway (CSAH) 2, 
Clearwater County; thence northerly along CSAH 2 to Shevlin; thence 
along U.S. Highway 2 to Bagley; thence northerly along State Trunk 
Highway 92 to Gully; thence northerly along CSAH 2, Polk County, to CSAH 
27, Pennington County; thence along CSAH 27 to State Trunk Highway 1; 
thence easterly on Highway 1 to CSAH 28, Pennington County; thence 
northerly along CSAH 28 to CSAH 54, Marshall County, thence northerly 
along CSAH 54 to Grygla; thence west and northerly along Highway 89 to 
Roseau; thence northerly along State Truck Highway 310 to the Canadian 
border.

                       Zone 5--54,603 Square Miles

    All that part of Minnesota south and west of the line described as 
the south and west border of Zone 4.

[[Page 190]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.001

    (2) Prohibitions. The following prohibitions apply to the gray wolf 
in Minnesota.
    (i) Taking. Except as provided in this paragraph (d)(2)(i) of this 
section, no person may take a gray wolf in Minnesota.
    (A) Any person may take a gray wolf in Minnesota in defense of his 
own life or the lives of others.
    (B) Any employee or agent of the Service, any other Federal land 
management agency, or the Minnesota Department of Natural Resources, who 
is designated by his/her agency for such purposes, may, when acting in 
the course of his/her official duties, take a gray wolf in Minnesota 
without a permit if such action is necessary to:
    (1) Aid a sick, injured or orphaned specimen; or
    (2) Dispose of a dead specimen; or
    (3) Salvage a dead specimen which may be useful for scientific 
study.

[[Page 191]]

    (4) Designated employees or agents of the Service or the Minnesota 
Department of Natural Resources may take a gray wolf without a permit in 
Minnesota, in zones 2, 3, 4, and 5, as delineated in paragraph (d)(1) of 
this section, in response to depredations by a gray wolf on lawfully 
present domestic animals: Provided, that such taking must occur within 
one-half mile of the place where such depredation occurred and must be 
performed in a humane manner: And provided further, that any young of 
the year taken on or before August 1 of that year must be released.
    (C) Any employee or agent of the Service or the Minnesota Department 
of Natural Resources, when operating under a Cooperative Agreement with 
the Service signed in accordance with section 6(c) of the Endangered 
Species Act of 1973, who is designated by the Service or the Minnesota 
Department of Natural Resources for such purposes, may, when acting in 
the course of his or her official duties, take a gray wolf in Minnesota 
to carry out scientific research or conservation programs.
    (ii) Export and commercial transactions. Except as may be authorized 
by a permit issued under Sec. 17.32, no person may sell or offer for 
sale in interstate commerce, import or export, or in the course of a 
commercial activity transport, ship, carry, deliver, or receive any 
Minnesota gray wolf.
    (iii) Unlawfully taken wolves. No person may possess, sell, deliver, 
carry, transport, or ship, by any means whatsoever, a gray wolf taken 
unlawfully in Minnesota, except that an employee or agent of the 
Service, or any other Federal land management agency, or the Minnesota 
Department of Natural Resources, who is designated by his/her agency for 
such purposes, may, when acting in the course of his official duties, 
possess, deliver, carry, transport, or ship a gray wolf taken unlawfully 
in Minnesota.
    (3) Permits. All permits available under Sec. 17.32 (General 
Permits--Threatened Wildlife) are available with regard to the gray wolf 
in Minnesota. All the terms and provisions of Sec. 17.32 apply to such 
permits issued under the authority of this paragraph (d)(3).
    (e) African elephant (Loxodonta africana)--(1) Definitions. For the 
purposes of this paragraph (e):
    (i) African elephant shall mean any member of the species Loxodonta 
africana, whether live or dead, and any part or product thereof.
    (ii) Raw ivory means any African elephant tusk, and any piece 
thereof, the surface of which, polished or unpolished, is unaltered or 
minimally carved.
    (iii) Worked ivory means any African elephant tusk, and any piece 
thereof, which is not raw ivory.
    (iv) Lip mark area means that area of a whole African elephant tusk 
where the tusk emerges from the skull and which is usually denoted by a 
prominent ring of staining on the tusk in its natural state.
    (2) Prohibitions. Except as provided in the exceptions in paragraph 
(e)(3) of this section, it shall be unlawful for any person to:
    (i) Import or export any African elephant,
    (ii) Possess, sell or offer for sale, receive, deliver, transport 
ship, or export any African elephant which was illegally imported into 
the United States,
    (iii) Sell or offer for sale any sport-hunted trophy imported into 
the United States in violation of permit conditions.
    (3) Exceptions. (i) African elephants, other than sport-hunted 
trophies and raw and worked ivory, may be imported or exported provided 
all permit requirements of 50 CFR parts 13 and 23 have been complied 
with.
    (ii) Ivory. (A) Raw or worked ivory (other than sport-hunted 
trophies) may be imported only if:
    (1) It is a bona fide antique of greater than 100 years of age on 
the day of import, or
    (2) It was exported from the United States after being registered 
with the U.S. Fish and Wildlife Service.
    (B) Worked ivory may be exported in accordance with the permit 
requirements of 50 CFR parts 13 and 23.
    (C) Raw ivory may not be exported from the United States for 
commercial purposes under any circumstances.
    (iii) Sport-hunted trophies may be imported into the United States 
provided:

[[Page 192]]

    (A) The trophy originates in a country for which the Service has 
received notice of that country's African elephant ivory quota for the 
year of export;
    (B) All of the permit requirements of 50 CFR parts 13 and 23 have 
been complied with;
    (C) A determination is made that the killing of the animal whose 
trophy is intended for import would enhance survival of the species; and
    (D) The trophy is legibly marked by means of punch-dies, under a 
marking and registration system established by the country of origin, 
that includes the following information: Country of origin represented 
by the two-letter code established by the International Organization for 
Standardization (see appendix A to chapter I) followed by the 
registration number assigned to the last two digits of the year of 
registration and the weight of raw ivory to the nearest kilogram. Any 
mark must be placed on the lip mark area and indicated by a flash of 
color which serves as a background for such mark.
    (f) Leopard. (1) Except as noted in paragraph (f)(2) of this 
section, all prohibitions of Sec. 17.31 of this part and exemptions of 
Sec. 17.32 of this part shall apply to the leopard populations occurring 
in southern Africa to the south of a line running along the borders of 
the following countries: Gabon/Rio Muni; Gabon/Cameroon; Congo/Cameroon; 
Congo/Central African Republic; Zaire/Central African Republic; Zaire/
Sudan; Uganda/Sudan; Kenya/Sudan; Kenya/Ethiopia; Kenya/Somalia.
    (2) A sport-hunted leopard trophy legally taken after the effective 
date of this rulemaking, from the area south of the line delineated 
above, may be imported into the United States without a Threatened 
Species permit pursuant to Sec. 17.32 of this part, provided that the 
applicable provisions of 50 CFR part 23 have been met.
    (g) Utah prairie dog (Cynomys parvidens). (1) Except as noted in 
paragraph (g)(2) of this section, all prohibitions of 50 CFR 17.31 (a) 
and (b), and exemptions of 50 CFR 17.32 shall apply to the Utah prairie 
dog.
    (2) A Utah prairie dog may be taken on private land throughout its 
range under a permit issued by the Utah Division of Wildlife Resources, 
in accordance with the laws of the State of Utah, provided that such 
taking does not exceed 6,000 animals annually and that such taking is 
confined to the period from June 1 to December 31. Records on permitted 
take maintained by the State shall be made available to the U.S. Fish 
and Wildlife Service on request.
    (3) If the Service receives substantive evidence that takings 
pursuant to paragraph (g)(2) of this section are having an effect that 
is inconsistent with the conservation of the Utah prairie dog, the 
Service may immediately prohibit or restrict such taking as appropriate 
for the conservation of the species.
    (h) Mountain lion (Felis concolor). (1) Except as allowed in 
paragraphs (h)(2), (h)(3), and (h)(4) of this section, no person shall 
take any free-living mountain lion (Felis concolor) in Florida.
    (2) A mountain lion (Felis concolor) may be taken in this area under 
a valid threatened species permit issued pursuant to 50 CFR 17.52.
    (3) A mountain lion (Felis concolor) may be taken in Florida by an 
employee or designated agent of the Service or the Florida Game and 
Fresh Water Fish Commission for taxonomic identification or other 
reasons consistent with the conservation of the endangered Florida 
panther (Felis concolor coryi). When it has been established by the 
Service, in consultation with the State, that an animal in question is 
not a Florida panther (Felis concolor coryi) or an eastern cougar (Felis 
concolor couguar), such animals may be removed from the wild. The 
disposition of animals so taken shall be at the discretion of the 
Florida Game and Fresh Water Fish Commission, with the concurrence of 
the Fish and Wildlife Service.
    (4) Take for reasons of human safety is allowed as specified under 
50 CFR 17.21(c)(2) and 17.21(c)(3)(iv).
    (5) Any take pursuant to paragraph (h)(4) of this section must be 
reported in writing to the U.S. Fish and Wildlife Service, Division of 
Law Enforcement, P.O. Box 3247, Arlington, Virginia 22203, within 5 
days. The specimen may only be retained, disposed of, or salvaged in

[[Page 193]]

accordance with directions from the Service.
    (i) Louisiana black bear (Ursus americanus luteolus). (1) Except as 
noted in paragraph (i)(2) of this section, all prohibitions of 
Sec. 17.31 and exemptions of Sec. 17.32 shall apply to any black bear 
within the historic range of the Louisiana black bear (Texas, Louisiana 
and Mississippi).
    (2) Subsection 17.40(i)(1) and Sec. 17.31 shall not prohibit effects 
incidental to normal forest management activities within the historic 
range of the Louisiana black bear except for activities causing damage 
to or loss of den trees, den tree sites or candidate den trees. For 
purposes of this exemption, normal forest management activities are 
defined as those activities that support a sustained yield of timber 
products and wildlife habitats, thereby maintaining forestland 
conditions in occupied habitat. For purposes of this special rule, 
candidate den trees are considered to be bald cypress and tupelo gum 
with visible cavities, having a minimum diameter at breast height (DBH) 
of 36 inches, and occurring in or along rivers, lakes, streams, bayous, 
sloughs, or other water bodies.
    (3) This express exemption for normal forest management activities 
provided by this special rule is subject to modification or withdrawal 
if the Service determines that this provision fails to further the 
conservation of the Louisiana black bear.
    (j) Argali (Ovis ammon) in Kyrgyzstan, Mongolia, and Tajikistan--(1) 
Except as noted in paragraph (j)(2) of this section, all prohibitions of 
Sec. 17.31 of this part and exemptions of Sec. 17.32 of this part shall 
apply to this species in Kyrgyzstan, Mongolia, and Tajikistan

(Note-- In all other parts of its range the argali is classified as 
endangered and covered by Sec. 17.21).

    (2) Upon receiving from the governments of Kyrgyzstan, Mongolia, and 
Tajikistan properly documented and verifiable certification that (i) 
argali populations in those countries are sufficiently large to sustain 
sport hunting, (ii) regulating authorities have the capacity to obtain 
sound data on these populations, (iii) regulating authorities recognize 
these populations as a valuable resource and have the legal and 
practical capacity to manage them as such, (iv) the habitat of these 
populations is secure, (v) regulating authorities can ensure that the 
involved trophies have in fact been legally taken from the specified 
populations, and (vi) funds derived from the involved sport hunting are 
applied primarily to argali conservation, the Director may, consistent 
with the purposes of the Act, authorize by publication of a notice in 
the Federal Register the importation of personal sport-hunted argali 
trophies, taken legally in Kyrgyzstan, Mongolia, and Tajikistan after 
the date of such notice, without a Threatened Species permit pursuant to 
Sec. 17.32 of this part, provided that the applicable provisions of 50 
CFR part 23 have been met.

[40 FR 44415, Sept. 26, 1975]

    Editorial Note: For Federal Register citations affecting Sec. 17.40, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 17.41  Special rules--birds.

    (a) Bald eagles (Haliaeetus leucocephalus) wherever listed as 
threatened under Sec. 17.11(h).
    (1) Applicable provisions. All prohibitions and measures of 
Secs. 17.31 and 17.32 shall apply to any threatened bald eagle, except 
that any permit issued under Sec. 21.22 or part 22 of this chapter shall 
be deemed to satisfy all requirements of Secs. 17.31 and 17.32 for that 
authorized activity, and a second permit shall not be required under 
Sec. 17.32. A permit is required under Sec. 17.32 for any activity not 
covered by any permit issued under Sec. 21.22 or part 22 of this 
chapter.
    (2) [Reserved]
    (b) Coastal California gnatcatcher (Polioptila californica 
californica). (1) Except as noted in paragraphs (b)(2) and (3) of this 
section, all prohibitions of Sec. 17.31(a) and (b) shall apply to the 
coastal California gnatcatcher.
    (2) Incidental take of the coastal California gnatcatcher will not 
be considered a violation of section 9 of the Endangered Species Act of 
1973, as amended (Act), if it results from activities conducted pursuant 
to the State of California's Natural Community Conservation Planning Act 
of 1991 (NCCP),

[[Page 194]]

and in accordance with a NCCP plan for the protection of coastal sage 
scrub habitat, prepared consistent with the State's NCCP Conservation 
and Process Guidelines, provided that:
    (i) The NCCP plan has been prepared, approved, and implemented 
pursuant to California Fish and Game Code sections 2800-2840; and
    (ii) The Fish and Wildlife Service (Service) has issued written 
concurrence that the NCCP plan meets the standards set forth in 50 CFR 
17.32(b)(2). The Service shall issue its concurrence pursuant to the 
provisions of the Memorandum of Understanding (MOU), dated December 4, 
1991, between the California Department of Fish and Game and the Service 
regarding coastal sage scrub natural community conservation planning in 
southern California. (Copies of the State's NCCP Conservation and 
Process Guidelines and the MOU are available from the U.S. Fish and 
Wildlife Service, Carlsbad Field Office, 2730 Loker Avenue West, 
Carlsbad, CA 92008.) The Service shall monitor the implementation of the 
NCCP plan and may revoke its concurrence under this paragraph (b)(2)(ii) 
if the NCCP plan, as implemented, fails to adhere to the standards set 
forth in 50 CFR 17.32(b)(2).
    (3) During the period that a NCCP plan referred to in paragraph 
(b)(2) of this section is being prepared, incidental take of the coastal 
California gnatcatcher will not be a violation of section 9 of the Act 
if such take occurs within an area under the jurisdiction of a local 
government agency that is enrolled and actively engaged in the 
preparation of such a plan and such take results from activities 
conducted in accordance with the NCCP Conservation Guidelines and 
Process Guidelines.
    (4) The Service will monitor the implementation of the NCCP 
Conservation and Process Guidelines as a whole, and will conduct a 
review every 6 months to determine whether the guidelines, as 
implemented, are effective in progressing toward or meeting regional and 
subregional conservation objectives during the interim planning period. 
If the Service determines that the guidelines are not effecting adequate 
progress toward or meeting regional and subregional conservation 
objectives, the Service will consult with the California Department of 
Fish and Game pursuant to the MOU to seek appropriate modification of 
the guidelines or their application as defined therein. If appropriate 
modification of the guidelines or their application as defined therein 
does not occur, the Service may revoke the interim take provisions of 
this special rule on a subregional or subarea basis. The Service will 
publish the findings for revocation in the Federal Register and provide 
for a 30-day public comment period prior to the effective date for 
revoking the provisions of the special rule in a particular area. 
Revocation would result in the reinstatement of the take prohibitions 
set forth under 50 CFR 17.31(a) and (b) in the affected NCCP area.

[43 FR 6233, Feb. 14, 1978, as amended at 58 FR 65095, Dec. 10, 1993; 60 
FR 36010, July 12, 1995]



Sec. 17.42  Special rules--reptiles.

    (a) American alligator (Alligator mississippiensis)--(1) 
Definitions. For purpose of this paragraph (a): ``American alligator'' 
shall mean any member of the species Alligator mississippiensis, whether 
alive or dead, and any part, product, egg, or offspring thereof found in 
captivity or the wild.
    (2) Taking. No person may take any American alligator, except:
    (i) Any employee or agent of the Service, any other Federal land 
management agency, or a State conservation agency, who is designated by 
the agency for such purposes, may, when acting in the course of official 
duties, take an American alligator.
    (ii) Any person may take an American alligator in the wild, or one 
which was born in captivity or lawfully placed in captivity, and may 
deliver, receive, carry, transport, ship, sell, offer to sell, purchase, 
or offer to purchase such alligator in interstate or foreign commerce, 
by any means whatsoever and in the course of a commercial activity in 
accordance with the laws and regulations of the State of taking subject 
to the following conditions:
    (A) Any hide of such alligator may be sold or otherwise transferred 
only in

[[Page 195]]

compliance with paragraph (a)(2)(ii)(C) of this section;
    (B) Any hide, meat or other part may be sold or otherwise 
transferred only in accordance with the laws and regulations of the 
State in which the taking occurs and the State in which the sale or 
transfer occurs;
    (C) The State of taking requires hides to be tagged by State 
officials, or under State supervision, with a Service approved tag, a 
sample of which must be on file in the Federal Wildlife Permit Office 
(FWPO), that:
    (1) Is made of permanent material,
    (2) Shows State of origin, year of take, species, and is serially 
unique, and
    (3) Cannot be opened and reused once attached to the hide.
    (iii) Import/Export. Any person may import or export hides, 
manufactured products, meat or other parts in accordance with part 23 of 
this chapter.
    (iv) Recordkeeping
    (A) Any person not holding an import/export license issued by the 
Service under Sec. 14.91 and who imports, exports, or obtains permits 
under part 23 for the import or export of American alligator shall keep 
such records as are otherwise required to be maintained by all import/
export licensees under Sec. 14.93(d). Such records shall be maintained 
as in the normal course of business, reproducible in the English 
language, and retained available for Service inspection for 5 years from 
the date of each transaction.
    (B) Subject to applicable limitations of law, duly authorized 
Service officers at all reasonable time shall, upon notice, be afforded 
access to examine such records required to be kept under paragraph 
(a)(2)(iv)(A)(1) of this section, and an opportunity to copy such 
records.
    (b) Green sea turtle (Chelonia mydas), loggerhead sea turtle 
(Caretta caretta), olive ridley sea turtle (Lepidochelys olivacea) 
(these do not include the populations listed as endangered in 
Sec. 17.11).
    (1) Prohibitions. Subject to the permits allowable under the 
following paragraph (b)(2) of this section, all of the provisions set 
forth in Sec. 17.31 (which incorporate portions of Sec. 17.21) shall 
apply to this wildlife with the following exceptions:
    (i) Section 17.21(c)(2) (self-defense) is not applicable.
    (ii) In Sec. 17.21(c)(3)(i), the word ``orphaned'' is replaced by 
the word ``stranded.''
    (iii) Delete Sec. 17.21(c)(3)(iv) (Wildlife threatening human 
safety).
    (iv) [Reserved]
    (v) The prohibition against taking shall not apply to incidental 
catches, as specified in 50 CFR 227.72(e).
    (vi) The prohibition against taking within the United States or the 
territorial sea of the United States shall not apply to subsistence 
taking, as specified in 50 CFR 227.72(f).
    (2) Permits. (i) For those activities which come under the 
jurisdiction of the Service, only permits for scientific purposes, 
enhancement of propagation or survival, zoological exhibition or 
educational purposes, are available under Sec. 17.32. Procedures for 
issuance of permits are found in Sec. 17.32 and, for those activities 
which come under the jurisdiction of the National Marine Fisheries 
Service, subpart E of part 220. All the provisions of Sec. 17.32 apply 
to permits issued by the Service.
    (c) Threatened crocodilians. This paragraph applies to the following 
species: Saltwater crocodile (Crocodylus porosus) originating in 
Australia (also referred to as Australian saltwater crocodile) and Nile 
crocodile (Crocodylus niloticus) populations listed in Appendix II of 
the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora (CITES or Convention).
    (1) Definitions of terms for purposes of this paragraph (c)--(i) 
Crocodilian skins means whole or partial skins, flanks, and bellies 
(whether salted, crusted, tanned, partially tanned, or otherwise 
processed).
    (ii) Crocodilian parts means meat and body parts with or without 
skin attached (including tails, throats, feet, and backstrips and other 
parts), except skulls.
    (iii) Country of re-export means those intermediary countries that 
import and re-export crocodilian skins, parts, and/or products, except 
that those countries through which crocodilian skins, parts, and/or 
products are transhipped while remaining under

[[Page 196]]

Customs control will not be considered to be a country of re-export.
    (iv) Tagging resolution shall mean the CITES resolution entitled 
``Universal Tagging System for the Identification of Crocodilian Skins'' 
and numbered Conf. 9.22 and any subsequent revisions.
    (2) Prohibitions. All provisions of Sec. 17.31 (a) and (b) and 
Sec. 17.32 apply to Nile crocodile populations listed in Appendix I of 
CITES. The following prohibitions apply to saltwater crocodiles 
(Crocodylus porosus) originating in Australia and to all Nile crocodile 
(Crocodylus niloticus) populations in Appendix II of CITES:
    (i) Import, export, and re-export. Except as provided in paragraph 
(c)(3) of this section, it is unlawful to import, export, re-export, or 
present for export or re-export any Nile crocodile (Crocodylus 
niloticus) or Australian saltwater crocodile (Crocodylus porosus) or 
their skins, other parts or products, without valid permits required 
under 50 CFR parts 17 and 23.
    (ii) Commercial activity. Except as provided in paragraph (c)(3) of 
this section, it is unlawful, in the course of a commercial activity, to 
sell or offer for sale, deliver, receive, carry, transport, or ship in 
interstate or foreign commerce any Nile or saltwater crocodile, 
crocodilian skins, or other parts or products.
    (iii) It is unlawful for any person subject to the jurisdiction of 
the United States to commit, attempt to commit, solicit to commit, or 
cause to be committed any acts described in paragraphs (c)(2)(i)-(iii) 
of this section.
    (3) Exceptions. The import, export, or re-export of, or interstate 
or foreign commerce in live crocodiles, crocodilian skins, meat, skulls, 
and other parts or products may be allowed without a threatened species 
permit issued pursuant to 50 CFR 17.32 when the provisions in 50 CFR 
parts 13, 14, and 23, and the applicable paragraphs set out below have 
been met.
    (i) Import, export, or re-export of crocodilian skins and parts. The 
import, export, or re-export into/from the United States of crocodilian 
skins and parts of Nile crocodiles listed in Appendix II of the 
Convention, and of saltwater crocodiles originating in Australia must 
meet the following conditions:
    (A) All crocodilian parts must be in a transparent, sealed 
container, and each container imported into or presented for export or 
re-export from the United States after July 24, 1997,
    (1) Must have a parts tag attached in such a way that opening of the 
container will preclude reuse of an undamaged tag,
    (2) This parts tag must contain a description of the contents and 
total weight of the container, and
    (3) This parts tag must reference the number of the CITES permit 
issued to allow the export or re-export of the container;
    (B) Each crocodilian skin and each belly skin piece wider than 35 
cm. imported into or presented for export or re-export from the United 
States after July 24, 1996, must bear: either an intact, uncut tag from 
the country of origin meeting all the requirements of the CITES tagging 
resolution, or an intact, uncut tag from the country of re-export where 
the original tags have been lost or removed from raw, tanned, and/or 
finished skins. The replacement tags must meet all the requirements of 
the CITES tagging resolution, except showing the country of re-export in 
place of the country of origin, provided those re-exporting countries 
have implemented an administrative system for the effective matching of 
imports and re-exports consistent with the tagging resolution. Clearance 
of any shipment with more than 25 percent replacement tags requires 
prior consultation with the U.S. Office of Management Authority by the 
re-exporting country to determine whether the requirements of the 
tagging resolution have been observed;
    (C) The same information that is on the tags must be given on the 
export permit for all skins or re-export certificate for whole skins and 
belly skin pieces wider than 35 cm or on a separate sheet, which will be 
considered an integral part of the document, carry the same permit or 
certificate number, and be validated by the government authority 
designated by the CITES-document issuing authority;

[[Page 197]]

    (D) The Convention permit or certificate must contain the following 
information:
    (1) The country of origin, its export permit number, and date of 
issuance;
    (2) If re-export, the country of re-export, its certificate number, 
and date of issuance; and
    (3) If applicable, the country of last re-export, its certificate 
number, and date of issuance;
    (E) The country of origin and any intermediary country(s) must be 
effectively implementing the tagging resolution for this exception to 
apply. If the Service receives substantial evidence from the CITES 
Secretariat or other reliable sources that the tagging resolution is not 
being effectively implemented by a specific country, the Service will 
prohibit or restrict imports from such country(s) as appropriate for the 
conservation of the species.
    (F) At the time of import, for each shipment covered by this 
exception, the country of origin and each country of re-export involved 
in the trade of a particular shipment is not subject to a Schedule III 
Notice of Information pertaining to all wildlife or any members of the 
Order Crocodylia that may prohibit or restrict imports. A listing of all 
countries that are subject to such a Schedule III Notice of Information 
will be available by writing: The Office of Management Authority, ARLSQ 
Room 430, 4401 N. Fairfax Drive, U.S. Fish and Wildlife Service, 
Arlington, Virginia, 22203.
    (ii) Import, export or re-export of crocodilian products. Import, 
export, or re-export into or from the United States of crocodilian 
products of Nile crocodiles listed in Appendix II of the Convention, and 
saltwater crocodiles originating in Australia will be allowed without 
permits required by 50 CFR part 17 provided the following conditions are 
met:
    (A) The Convention permit or certificate must contain the following 
information:
    (1) The country of origin, its export permit number, and date of 
issuance;
    (2) If re-export, the country of re-export, its certificate number, 
and date of issuance; and
    (3) If applicable, the country of previous re-export, its 
certificate number, and date of issuance;
    (B) The country of origin and any intermediary country(s) must be 
effectively implementing the tagging resolution for this exception to 
apply. If the Service receives substantial evidence from the CITES 
Secretariat or other reliable sources that the tagging resolution is not 
being effectively implemented by a specific country, the Service will 
prohibit or restrict imports from such countries as appropriate for the 
conservation of the species.
    (C) At the time of import, for each shipment covered by this 
exception, the country of origin and each country of re-export involved 
in the trade of a particular shipment is not subject to a Schedule III 
Notice of Information pertaining to all wildlife or any member of the 
Order Crocodylia that may prohibit or restrict imports. A listing of all 
countries that are subject to such a Schedule III Notice of Information 
will be available by writing: The Office of Management Authority, ARLSQ 
Room 430, 4401 N. Fairfax Drive, U.S. Fish and Wildlife Service, 
Arlington, Virginia, 22203.
    (iii) Shipments of eggs, skulls, meat, scientific specimens and live 
specimens. The import/re-export into/from the United States of eggs, 
skulls, meat, scientific specimens and live specimens of Nile crocodile 
populations listed in Appendix II of CITES or Australian saltwater 
crocodile will be allowed without permits otherwise required by 50 CFR 
part 17, provided the requirements of part 23 are met.
    (iv) Noncommercial accompanying baggage. The conditions of 
paragraphs (c)(3)(i) and (ii) for skins tagged in accordance with the 
tagging resolution, skulls, meat, other parts, and products made of 
specimens of Nile crocodile populations on CITES Appendix II or of 
Australian saltwater crocodile do not apply to noncommercial 
accompanying personal baggage or household effects.
    (v) Personal sport-hunted trophies. The import of personal sport-
hunted trophies, including skulls, of Nile crocodile or saltwater 
crocodile from Appendix II populations will be allowed from country of 
origin and intermediary

[[Page 198]]

countries into the United States without permits required by 50 CFR part 
17, provided that unmounted skins bear an intact, uncut tag from the 
country of origin or such a tag accompanies mounted specimens in 
accordance with the tagging resolution.
    (4) Notice of Information. Except in rare cases involving 
extenuating circumstances that do not adversely affect the conservation 
of the species, the Service will issue a Schedule III Notice of 
Information banning or restricting trade in specimens of crocodilians 
addressed in this paragraph (c) if any of the following criteria are 
met:
    (i) The country is listed in a Notification to the Parties by the 
CITES Secretariat as lacking designated Management and Scientific 
Authorities that issue CITES documents or their equivalent.
    (ii) The country is identified in any action adopted by the Parties 
to the Convention, the Convention's Standing Committee, or in a 
Notification issued by the CITES Secretariat, whereby Parties are asked 
to not accept shipments of specimens of CITES-listed Species from the 
country in question.
    (iii) The Service determines, based on information from the CITES 
Secretariat or other reliable sources that the country is not 
effectively implementing the tagging resolution.
    (d) Blue-tailed mole skink (Eumeces egregius lividus) and sand skink 
(Neoseps reynoldsi). (1) No person shall take these species, except in 
accordance with applicable State fish and wildlife conservation laws and 
regulations for educational purposes, scientific purposes, the 
enhancement or survival of the species, zoological exhibition, and other 
conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to taking of these species is also a 
violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatever, any such species taken in 
violation of applicable State fish and wildlife conservation laws or 
regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraph (c) (1) through (3) of this section.
    (5) Taking of these species for purposes other than those described 
in paragraph (c)(1) of this section, including taking incidental to 
carrying out otherwise lawful activities, is prohibited except when 
permitted under Secs. 17.23 and 17.32.
    (e) Desert tortoise (Gopherus agassizii)--(1) Definition. For the 
purposes of this paragraph (e) ``desert tortoise'' shall mean any member 
of the species Gopherus agassizii, whether alive or dead, and any part, 
product, egg, or offspring thereof, found outside of Arizona (south and 
east of the Colorado River) and Mexico, regardless of natal origin or 
place of removal from the wild.
    (2) Applicable provisions. The provisions of Sec. 17.31-17.32 shall 
apply to any desert tortoise subject to this paragraph (e).
    (f) Bog turtle (Clemmys muhlenbergii), southern population--(1) 
Definitions of terms. For the purposes of this paragraph (f): Bog turtle 
of the southern population means any member of the species Clemmys 
muhlenbergii, within Georgia, North Carolina, South Carolina, Tennessee 
and Virginia, regardless of whether in the wild or captivity, and also 
applies to the progeny of any such turtle.
    (2) Prohibitions. Except as provided in paragraph (f)(3) of this 
section, the provisions of Sec. 17.31 (a) and (b) of this part applies 
to bog turtles of the southern population (see also 50 CFR part 23).
    (3) Take. Incidental take, that is, take that results from, but is 
not the purpose of, carrying out an otherwise lawful activity, does not 
apply to bog turtles of the southern population.

[42 FR 2076, Jan. 10, 1977, as amended at 43 FR 32809, July 28, 1978; 44 
FR 59084, Oct. 12, 1979; 45 FR 17589, Mar. 19, 1980; 45 FR 78154, Nov. 
25, 1980; 48 FR 46336, Oct. 12, 1983; 50 FR 25678, June 20, 1985; 50 FR 
45409, Oct. 31, 1985; 52 FR 21063, June 4, 1987; 52 FR 42662, Nov. 6, 
1987; 55 FR 12191, Apr. 2, 1990; 61 FR 32366, June 24, 1996; 62 FR 
59622, Nov. 4, 1997]

[[Page 199]]



Sec. 17.43  Special rules--amphibians.

    (a) San Marcos salamander (Eurycea nana). (1) All provisions of 
Sec. 17.31 apply to this species, except that it may be taken in 
accordance with applicable State law.
    (2) Any violation of State law will also be a violation of the Act.
    (b) [Reserved]

[40 FR 44415, Sept. 26, 1975, as amended at 45 FR 47363, July 14, 1980]



Sec. 17.44  Special rules--fishes.

    (a) Lahontan cutthroat trout, Paiute cutthroat trout, and Arizona 
trout (Salmo clarki henshawi, Salmo clarki seleniris, and Salmo apache). 
(1) All the provisions of Sec. 17.31 apply to these species, except that 
they may be taken in accordance with applicable State law.
    (2) Violation of State law will also be a violation of the Act.
    (b) Bayou darter (Etheostoma rubrum). (1) All the provisions of 
Sec. 17.31 apply to this species, except that they may be taken in 
accordance with applicable State law.
    (2) Any violation of State law will also be a violation of the Act.
    (c) Slender chub (Hybopsis cahni), spotfin chub (Hybopsis monacha), 
slackwater darter (Etheostoma boschungi), and yellowfin madtom (Noturus 
flavipinnis).
    (1) All the provisions of Sec. 17.31 apply to these species, except 
that they may be taken in accordance with applicable State law.
    (2) Any violation of State law will also be a violation of the Act.
    (d) Leopard darter (Percina pantherina). (1) All provisions of 
Sec. 17.31 apply to this species, except that it may be taken in 
accordance with applicable State law.
    (2) Any violation of State law will also be a violation of the Act.
    (e) Little Kern golden trout (Salmo aguabonita whitei). (1) All 
provisions of Sec. 17.31 apply to this species, except that it may be 
taken in accordance with applicable State law.
    (2) Any violation of State law will also be a violation of the Act.
    (f) Greenback cutthroat trout (Salmo clarki stomias). (1) All 
provisions of Sec. 17.31 apply to this species, except that it may be 
taken in accordance with applicable State law.
    (2) Any violation of State law will also be a violation of the Act.
    (g) Chihuahua chub, Gila nigrescens. (1) All provisions of 
Sec. 17.31 apply to this species, except that it may be taken in 
accordance with applicable State law.
    (2) Any violation of State law will also be a violation of the 
Endangered Species Act.
    (h) Yaqui catfish (Ictalurus pricei) and beautiful shiner (Notropis 
formosus). (1) All provisions of Sec. 17.31 apply to these species, 
except that they may be taken for educational, scientific, or 
conservation purposes in accordance with applicable Arizona State laws 
and regulations.
    (2) Any violation of State law will also be a violation of the 
Endangered Species Act.
    (i) Big Spring spinedace, Lepidomeda mollispinis pratensis. (1) All 
the provisions of Sec. 17.31 apply to this species, except that it may 
be taken in accordance with applicable State fish and wildlife 
conservation laws and regulations in the following instances: 
educational purposes, scientific purposes, the enhancement of 
propagation or survival of the species, zoological exhibition, and other 
conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to this species will also be a 
violation of the Endangered Species Act.
    (j) Hutton tui chub (Gila bicolor subspecies) and Foskett speckled 
dace (Rhinichthys osculus subspecies). (1) No person shall take these 
species, except in accordance with applicable State fish and wildlife 
conservation laws and regulations in the following instances: for 
educational purposes, scientific purposes, the enhancement of 
propagation or survival of the species, zoological exhibition, and other 
conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of these species will 
also be a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any

[[Page 200]]

such species taken in violation of these regulations or in violation of 
applicable State fish and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (j) (1) through (3) of this section.
    (k) Niangua Darter, Etheostoma nianguae. (1) No person shall take 
the species, except in accordance with applicable State fish and 
wildlife conservation laws and regulations in the following instances: 
educational purposes, scientific purposes, the enhancement of 
propagation or survival of the species, zoological exhibition, and other 
conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species will also 
be a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (k) (1) through (3) of this section.
    (l) Warner sucker (Catostomus warnerensis). (1) No person shall take 
the species, except in accordance with applicable State fish and 
wildlife conservation laws and regulations in the following instances:
    (i) For educational purposes, scientific purposes, the enhancement 
of propagation or survival of the species, zoological exhibition, and 
other conservation purposes consistent with the Act;
    (ii) Incidental to State-permitted recreational fishing activities, 
provided that the individual fish taken is immediately returned to its 
habitat.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species will also 
be a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (l) (1) through (3) of this section.
    (m) Desert Dace (Eremichthys acros). (1) No person shall take the 
species, except in accordance with applicable State fish and wildlife 
conservation laws and regulations in the following instances: For 
educational purposes, scientific purposes, the enhancement of 
propagation or survival of the species, zoological exhibition, and other 
conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species will also 
be a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of applicable State fish and wildlife conservation laws or 
regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (m) (1) through (3) of this section.
    (n) Railroad Valley springfish (Crenichthys nevadae). (1) No person 
shall take the species, except in accordance with applicable State fish 
and wildlife conservation laws and regulations in the following 
instances: for educational purposes, scientific purposes, the 
enhancement of propagation or survival of the species, zoological 
exhibition, and other conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species will also 
be a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of these

[[Page 201]]

regulations or in violation of applicable State fish and wildlife 
conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (n) (1) through (3) of this section.
    (o) Sonora chub, Gila ditaenia. (1) No person shall take the 
species, except in accordance with applicable State fish and wildlife 
conservation laws and regulations in the following instances:
    (i) For educational purposes, scientific purposes, the enhancement 
of propagation or survival of the species, zoological exhibition, and 
other conservation purposes consistent with the Act; or,
    (ii) Incidental to State-permitted recreational fishing activities, 
provided that the individual fish taken is immediately returned to its 
habitat.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species will also 
be a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (o) (1) through (3) of this section.
    (p) Spikedace, Meda fulgida. (1) No person shall take the species, 
except in accordance with applicable State fish and wildlife 
conservation laws and regulations in the following instances:
    (i) For educational purposes, scientific purposes, the enhancement 
of propagation or survival of the species, zoological exhibition, and 
other conservation purposes consistent with the Act; or,
    (ii) Incidental to State permitted recreational fishing activities, 
provided that the individual fish taken is immediately returned to its 
habitat.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to taking of this species is also a 
violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (p) (1) through (3) of this section.
    (q) Loach minnow, Rhinicthys (=Tiaroga) cobitis (1) No person shall 
take the species, except in accordance with applicable State fish and 
wildlife conservation laws and regulations in the following instances: 
(i) For educational purposes, scientific purposes, the enhancement of 
propagation or survival of the species, zoological exhibition, and other 
conservation purposes consistent with the Act or, (ii) incidental to 
State permitted recreational fishing activities, provided that the 
individual fish taken is immediately returned to its habitat.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species is also a 
violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (q) (1) through (3) of this paragraph.
    (r) Pecos bluntnose shiner, Notropis simus pecosensis (1) No person 
shall take the species, except in accordance with applicable State fish 
and wildlife conservation laws and regulations in the following 
instances:
    (i) For educational purposes, scientific purposes, the enhancement 
of propagation or survival of the species, zoological exhibition, and 
other conservation purposes consistent with the Act; or,

[[Page 202]]

    (ii) Incidental to State permitted recreational fishing activities, 
provided that the individual fish taken is immediately returned to its 
habitat.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to taking of this species will also be 
a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (r) (1) through (3) of this section.
    (s) Waccamaw Silverside (Menidia extensa). (1) No person shall take 
the species, except in accordance with applicable State fish and 
wildlife conservation laws and regulations.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species will also 
be a violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (s) (1) through (3) of this section.
    (t) Little Colorado spinedace (Lepidomeda vittata). (1) No person 
shall take this species, except in accordance with applicable State Fish 
and Wildlife conservation laws and regulations in the following 
instances: for educational purposes, scientific purposes, the 
enhancement of propagation or survival of the species, zoological 
exhibition, and other conservation purposes consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species is also a 
violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife conservation laws or regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (t) (1) through (3) of this section.
    (u) Pygmy sculpin (Cottus pygmaeus). The City of Anniston Water 
Works and Sewer Board will continue to use Coldwater Spring as a 
municipal water supply. Pumpage may remove all spring flow in excess of 
3 cubic feet per second (1,938,000 gallons per day).
    (v) Gulf sturgeon (Acipenser oxyrhynchus desotoi). (1) No person 
shall take this species, except in accordance with applicable State fish 
and wildlife conservation laws and regulations for educational purposes, 
scientific purposes, the enhancement of propagation or survival of the 
species, zoological exhibition, or other conservation purposes 
consistent with the Act.
    (2) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to taking of this species is also a 
violation of the Endangered Species Act.
    (3) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatever, any of this species taken in 
violation of applicable State fish and wildlife conservation laws or 
regulations.
    (4) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (v)(1) through (3) of this section.
    (5) Taking of this species for purposes other than those described 
in paragraph (v)(1) of this section, including taking incidental to 
otherwise lawful activities, is prohibited except when permitted under 
50 CFR 17.32.
    (w) Bull trout (Salvelinus confluentus), Columbia River and Klamath 
River population segments. (1) Prohibitions. Except as noted in 
paragraph (v)(2) of this section, all prohibitions of 50 CFR 17.31 and 
exemptions of 50 CFR 17.32 shall apply to the bull trout Columbia River 
and Klamath River population

[[Page 203]]

segments within the contiguous United States.
    (2) Exceptions. No person shall take this species, except in 
accordance with applicable State and Native American Tribal fish and 
wildlife conservation laws and regulations, as constituted in all 
respects relevant to protection of bull trout in effect on June 10, 
1998.
    (3) Any violation of applicable State and Native American Tribal 
fish and wildlife conservation laws or regulations with respect to the 
taking of this species is also a violation of the Endangered Species 
Act.
    (4) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, any means whatsoever, any such species taken in 
violation of this section or in violation of applicable State and Native 
American Tribal fish and game laws and regulations.
    (5) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (v) (2) through (4) of this section.
    (x) Bull trout (Salvelinus confluentus), Jarbidge River population 
segment.
    (1) Prohibitions. Except as noted in paragraph (x)(2) of this 
section, all prohibitions of 50 CFR 17.31 and exemptions of 50 CFR 17.32 
apply to the bull trout in the Jarbidge River population segment within 
the United States.
    (2) Exceptions. No person may take this species, except in the 
following instances in accordance with applicable State fish and 
wildlife conservation laws and regulations relevant to protection of 
bull trout in effect on April 8, 1999.
    (i) For educational purposes, scientific purposes, the enhancement 
of propagation or survival of the species, zoological exhibition, and 
other conservation purposes consistent with the Act;
    (ii) Incidental to State-permitted recreational fishing activities, 
provided that any bull trout caught are immediately returned to the 
stream.
    (iii) The exceptions in paragraphs (x)(2) (i) and (ii) of this 
section will be in effect until April 9, 2001. At that time, all take 
prohibitions of the Act will be reinstated for the Jarbidge River 
population segment unless exceptions to take prohibitions are otherwise 
provided through a subsequent special rule.
    (3) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species is also a 
violation of the Endangered Species Act.
    (4) No person may possess, sell, deliver, carry, transport, ship, 
import, or export, any means whatsoever, any such species taken in 
violation of this section or in violation of applicable State fish and 
conservation laws and regulations.
    (5) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (x)(2) through (4) of this section.

[40 FR 44415, Sept. 26, 1975]

    Editorial Note: For Federal Register citations to Sec. 17.44, see 
the List of CFR Sections Affected in the Finding Aids section of this 
volume.



Sec. 17.45  Special rules--snails and clams. [Reserved]



Sec. 17.46  Special rules--crustaceans.

    (a) Madison Cave isopod (Antrolana lira). (1) All provisions of 
Sec. 17.31 (a) and (b) apply to this species except that it may be taken 
for scientific purposes without Federal permits issued pursuant to these 
regulations: Provided, that all other Federal, State, or local laws, 
regulations, ordinances or other restrictions or limitations have been 
complied with.
    (b) [Reserved]

[47 FR 43701, Oct. 4, 1982]



Sec. 17.47  [Reserved]



Sec. 17.48  Special rules--common sponges and other forms. [Reserved]



                   Subpart E--Similarity of Appearance

    Source: 42 FR 32377, June 24, 1977, unless otherwise noted.



Sec. 17.50  General.

    (a) Whenever a species which is not Endangered or Threatened closely 
resembles an Endangered or Threatened species, such species may be 
treated as either Endangered or Threatened if the

[[Page 204]]

director makes such determination in accordance with section 4(e) of the 
Act and the criteria of paragraph (b) of this section. After the 
Director has made such determination in accordance with the notification 
procedures specified in the Act, such species shall appear in the list 
in Sec. 17.11 (Wildlife) or Sec. 17.12 (Plants) with the notation ``(S/
A)'' (similarity of appearance) in the ``Status'' column, following 
either a letter ``E'' or a letter ``T'' to indicate whether the species 
is being treated as Endangered or Threatened.
    (b) In determining whether to treat a species as Endangered or 
Threatened due to similarity of appearance, the Director shall consider 
the criteria in section 4(e) of the Act, as indicated below:
    (1) The degree of difficulty enforcement personnel would have in 
distinguishing the species, at the point in question, from an Endangered 
or Threatened species (including those cases where the criteria for 
recognition of a species are based on geographical boundaries);
    (2) The additional threat posed to the Endangered or Threatened 
species by the loss of control occasioned because of the similarity of 
appearance; and
    (3) The probability that so designating a similar species will 
substantially facilitate enforcement and further the purposes and policy 
of the Act.

    Example 1. The ABC sparrow is Endangered wildlife. The ABD sparrow 
is a subspecies that is so similar to the ABC sparrow that when found 
outside their normal habitat, the two cannot readily be distinguished by 
law enforcement personnel. The ABD sparrow is listed in Sec. 17.11, 
after following the proper procedures as follows:

                                                                    Species and Range
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Portion of range
            Common name                Scientific name           Population         Known distribution    where endangered or   Status    When   Special
                                                                                                              threatened                 listed   rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC sparrow.......................  ABCus................  NA...................  North America........  Entire..............        E        7       NA
ABD sparrow.......................  ABDus................  NA...................  ......do.............  NA..................   E(S/A)        7       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Example 2. Suppose the ABC sparrow is listed as Endangered in only a 
portion of its range. Within the meaning of the Act, the ABC sparrow as 
defined by geographic boundaries is a species. The ABC sparrow which 
occurs beyond those boundaries is a different species, even though it is 
identical, except in location, to the listed species. If the criteria of 
this section were met, the two species would be listed as follows:

                                                                    Species and Range
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Portion of range
            Common name                Scientific name           Population         Known distribution    where endangered or   Status    When   Special
                                                                                                              threatened                 listed   rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
ABC sparrow.......................  ABCus................  Idaho................  Idaho................  Entire..............        E        7       NA
    Do............................  ......do.............  NA...................  United States........  NA..................   E(S/A)        7       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Example 3. The XY cactus has been determined to be an Endangered 
species. The XZ cactus so closely resembles the XY cactus that 
enforcement personnel cannot distinguish between the two. The Endangered 
XY cactus could be illegally sold as the non-endangered XZ species, thus 
posing an additional threat to the Endangered species. After following 
the proper procedures, the XZ cactus would be placed on the list and 
treated as though it was an Endangered species. This entry would appear 
as follows:

                                                                    Species and Range
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                           Portion of range
            Common name                Scientific name           Population         Known distribution    where endangered or   Status    When   Special
                                                                                                              threatened                 listed   rules
--------------------------------------------------------------------------------------------------------------------------------------------------------
XYum..............................  XY cactus............  Arizona..............  Entire...............  ....................        E        7       NA
XZum..............................  ......do.............  Arizona and Mexico...  NA...................  ....................   E(S/A)        8       NA
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 205]]



Sec. 17.51  Treatment as endangered or threatened.

    (a) Any species listed in Sec. 17.11 or Sec. 17.12, pursuant to 
Sec. 17.50, shall be treated as Endangered or Threatened, as indicated 
in the ``Status'' column.
    (b) All of the provisions of subparts C (Endangered Wildlife), D 
(Threatened Wildlife), F (Endangered Plants) or G (Threatened Plants), 
as appropriate, shall apply to any such species.



Sec. 17.52  Permits--similarity of appearance.

    Upon receipt of a complete application and unless otherwise 
indicated in a special rule, the Director may issue permits for any 
activity otherwise prohibited with a species designated as Endangered or 
Threatened due to its similarity of appearance. Such a permit may 
authorize a single transaction, a series of transactions, or a number of 
activities over a specified period of time.
    (a) Application requirements. An application for a permit under this 
section must be submitted to the Director by the person who wishes to 
engage in the prohibited activity. The permit for activities involving 
interstate commerce of plants must be obtained by the seller; in the 
case of wildlife, the permit must be obtained by the buyer. The 
application must be submitted on an official application form (Form 3-
200) provided by the Service, or must contain the general information 
and certification required by Sec. 13.12(a) of this subchapter. It must 
include, as an attachment, all of the following information: Documentary 
evidence, sworn affidavits, or other information to show species 
identification and the origin of the wildlife or plant in question. This 
information may be in the form of hunting licenses, hide seals, official 
stamps, export documents, bills of sales, certification, expert opinion, 
or other appropriate information.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making his decision, the 
Director shall consider, in addition to the general criteria, in 
Sec. 13.21(b) of this subchapter, the following factors:
    (1) Whether the information submitted by the applicant appears 
reliable;
    (2) Whether the information submitted by the applicant adequately 
identifies the wildlife or plant in question so as to distinguish it 
from any Endangered or Threatened wildlife or plant.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) If indicated in the permit, a special mark, to be specified in 
the permit, must be applied to the wildlife or plant, and remain for the 
time designated in the permit;
    (2) A copy of the permit or an identification label, which includes 
the scientific name and the permit number, must accompany the wildlife 
or plant or its container during the course of any activity subject to 
these regulations.
    (d) Duration of permits. The duration of a permit issued under this 
section shall be designated on the face of the permit.



                      Subpart F--Endangered Plants



Sec. 17.61  Prohibitions.

    (a) Except as provided in a permit issued pursuant to Sec. 17.62 or 
Sec. 17.63, it is unlawful for any person subject to the jurisdiction of 
the United States to commit, to attempt to commit, to solicit another to 
commit, or to cause to be committed, any of the acts described in 
paragraphs (b) through (e) of this section in regard to any Endangered 
plant.
    (b) Import or export. It is unlawful to import or to export any 
Endangered plant. Any shipment in transit through the United States is 
an importation and an exportation, whether or not it has entered the 
country for customs purposes.
    (c) Remove and reduce to possession. (1) It is unlawful to remove 
and reduce to possession any endangered plant from an area under Federal 
jurisdiction.
    (2) Notwithstanding paragraph (c)(1) of this section, any employee 
or agent of the Service, any other Federal land

[[Page 206]]

management agency, or a State conservation agency, who is designated by 
that agency for such purposes, may, when acting in the course of 
official duties, remove and reduce to possession endangered plants from 
areas under Federal jurisdiction without a permit if such action is 
necessary to:
    (i) Care for a damaged or diseased specimen;
    (ii) Dispose of a dead specimen; or
    (iii) Salvage a dead specimen which may be useful for scientific 
study.
    (3) Any removal and reduction to possession pursuant to paragraph 
(c)(2) of this section must be reported in writing to the U.S. Fish and 
Wildlife Service, Division of Law Enforcement, P.O. Box 28006, 
Washington, DC 20005, within 5 days. The specimen may only be retained, 
disposed of, or salvaged in accordance with written directions from the 
Service.
    (4) Notwithstanding paragraph (c)(1) of this section, any qualified 
employee or agent of a State conservation agency which is a party to a 
Cooperative Agreement with the Service in accordance with section 6(c) 
of the Act, who is designated by that agency for such purposes, may, 
when acting in the course of official duties, remove and reduce to 
possession from areas under Federal jurisdiction those endangered plants 
which are covered by an approved cooperative agreement for conservation 
programs in accordance with the Cooperative Agreement, provided that 
such removal is not reasonably anticipated to result in:
    (i) The death or permanent damage of the specimens;
    (ii) The removal of the specimen from the State where the removal 
occurred; or
    (iii) The introduction of the specimen so removed, or of any 
propagules derived from such a specimen, into an area beyond the 
historical range of the species.
    (d) Interstate or foreign commerce. It is unlawful to deliver, 
receive, carry, transport, or ship in interstate or foreign commerce, by 
any means whatsoever, and in the course of a commercial activity, an 
endangered plant.
    (e) Sale or offer for sale. (1) It is unlawful to sell or to offer 
for sale in interstate or foreign commerce any endangered plant.
    (2) An advertisement for the sale of any endangered plant which 
carries a warning to the effect that no sale may be consummated until a 
permit has been obtained from the Service, shall not be considered an 
offer for sale within the meaning of this paragraph.

[44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985]



Sec. 17.62  Permits for scientific purposes or for the enhancement of propagation or survival.

    Upon receipt of a complete application the Director may issue a 
permit authorizing any activity otherwise prohibited by Sec. 17.61, in 
accordance with the issuance criteria of this section, for scientific 
purposes or for enhancing the propagation or survival of endangered 
plants. (See Sec. 17.72 for permits for threatened plants.) Such a 
permit may authorize a single transaction, a series of transactions, or 
a number of activities over a specified period of time.
    (a) Application requirements. A person wishing to get a permit for 
an activity prohibited by Sec. 17.61 submits an application to conduct 
activities under this paragraph. For interstate commerce activities the 
seller gets the permit for plants coming from cultivated stock and the 
buyer gets the permit if the plants are taken from the wild. The Service 
provides application Form 3-200, or you may submit the general 
information and certification required by Sec. 13.12(a) of this 
subchapter. Application requirements differ for permits issued for 
plants taken from the wild (excluding seeds), seeds and cultivated 
plants, or herbarium specimens. You must attach the following 
information and any other information requested by the Director.
    (1) For activities involving plants obtained from the wild 
(excluding seeds), provide the following information:
    (i) The scientific names of the plants sought to be covered by the 
permit;
    (ii) The estimated number of specimens sought to be covered by the 
permit;
    (iii) The year, country, and approximate place where taking occurred 
or will occur;

[[Page 207]]

    (iv) If the activities would involve removal and reduction to 
possession of a plant from an area under Federal jurisdiction, the year, 
State, county, or any other description such as place name, township, 
and range designation that will precisely place the location where the 
proposed removal and reduction to possession will occur, the name of the 
Federal entity having jurisdiction over the area, and the name, title, 
address, and phone number of the person in charge of the area.
    (v) The name and address of the institution or other facility where 
the plant sought to be covered by the permit will be used or maintained;
    (vi) A brief description of the applicant's expertise and facilities 
as related to the proposed activity;
    (vii) A statement of the applicant's willingness to participate in a 
cooperative propagation program, and to maintain or contribute data 
relating to such efforts; and
    (viii) A statement of the reasons why the applicant is justified in 
obtaining the permit, including:
    (A) The activities sought to be authorized by the permit and the 
relationship of such activities to scientific purposes or enhancing the 
propagation or survival of the species; and
    (B) The planned disposition of such plant upon termination of the 
activities sought to be authorized.
    (2) For activities involving seeds and cultivated plants, provide 
the following information:
    (i) The scientific names of the plants sought to be covered by the 
permit;
    (ii) A statement of the applicant's willingness to participate in a 
cooperative propagation program, and to maintain or contribute data 
relating to the success of such efforts;
    (iii) A justification of the activities sought to be authorized by 
the permit and the relationship of such activities to scientific 
purposes or enhancing the propagation or survival of the species; and
    (iv) If the activities would involve seeds obtained from the wild, 
additional information to evaluate the effects of such taking upon the 
reproductive potential of the species where the taking will occur.
    (v) If the activities would involve removal and reduction to 
possession of seeds from an area under Federal jurisdiction, the year, 
State, county or any other description such as place name, township, and 
range designation that will precisely place the location where the 
proposed removal and reduction to possession will occur, the name of the 
Federal entity having jurisdiction over the area and the name, title, 
address, and phone number of the person in charge of the area.
    (3) For importation or exportation involving the non-commercial 
loan, exchange, or donation of herbarium or other preserved, dried, or 
embedded museum specimens of any endangered species between scientists 
or scientific institutions, provide the following information:
    (i) The name and address of the institution or other facility where 
the plants sought to be covered by the permit will be used or 
maintained; and
    (ii) A justification of the activities sought to be authorized by 
the permit and the relationship of such activities to scientific 
purposes or enhancing the propagation or survival of the species.
    (4) When the activity applied for involves a species also regulated 
by the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora, additional requirements of Sec. 23.15(c) of this 
subchapter must be met. For your convenience, Sec. 23.15(c) is repeated 
here.

    Application requirements for permits or certificates to import, 
export or re-export wildlife or plants listed in appendix I, II or III 
that are not subject to the regulations in part 17 or part 18 of this 
subchapter. Any person subject to the jurisdiction of the United States 
who wishes to get such a permit or certificate submits an application 
under this section to the Director, U.S. Fish and Wildlife Service, 
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 
700, Arlington, VA 22203. The Service provides Form 3-200 for the 
application to which as much of the following information relating to 
the purpose of the permit or certificate must be attached.
    (1) The scientific and common names of the species (or taxa to the 
rank listed in Appendix I, II, or III) sought to be covered by the 
permit. the number of wildlife or plants, and the activity sought to be 
authorized (such as importing, exporting, re-exporting, etc.);

[[Page 208]]

    (2) A statement as to whether the wildlife or plant, at the time of 
application, (i) is living in the wild, (ii) is living, but not in the 
wild, or (iii) is dead;
    (3) A description of the wildlife or plant, including (i) size, (ii) 
sex (if known), and (iii) type of goods, if it is a part or derivative;
    (4) In the case of living wildlife or plants, (i) a description of 
the type, size, and construction of any container the wildlife or plant 
will be placed in during transportation, and (ii) the arrangements for 
watering and otherwise caring for the wildlife or plant during 
transportation;
    (5) The name and address of the person in a foreign country to whom 
the wildlife or plant is to be exported from the United States, or from 
whom the wildlife or plant is to be imported into the United States;
    (6) The country and place where the wildlife or plant was or is to 
be taken from the wild;
    (7) In the case of wildlife or plants listed in Appendix I to be 
imported into the United States, (i) a statement of the purposes and 
details of the activities for which the wildlife or plant is to be 
imported; (ii) a brief resume of the technical expertise of the 
applicant or other persons who will care for the wildlife or plant; 
(iii) the name, address, and description, including diagrams or 
photographs, of the facility where the wildlife or plant will be 
maintained; and (iv) a description of all mortalities, in the two years 
preceding the date of this application, including any wildlife species 
covered in the application (or any species of the same genus or family) 
held by the applicant, including the causes and steps taken to avoid 
such mortalities; and
    (8) Copies of documents, sworn affidavits, or other evidence showing 
that either (i) the wildlife or plant was acquired prior to the date the 
Convention applied to it, or (ii) the wildlife or plant was bred in 
captivity, or artificially propagated, or was part of or derived 
therefrom, or (iii) the wildlife or plant is an herbarium specimen, or 
live plant material to be imported, exported, or re-exported as a 
noncommercial loan, donation, or exchange between scientists or 
scientific institutions.

    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making his decision, the 
Director shall consider, in addition to the general criteria in 
Sec. 13.21(b) of this subchapter, the following factors:
    (1) Whether the purpose for which the permit is requested will 
enhance the survival of the species in the wild;
    (2) Whether the purpose for which the permit is requested will 
enhance the propagation of the species;
    (3) The opinions or views of scientists or other persons or 
organizations having expertise concerning the plant or other matters 
germane to the application; and
    (4) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) If requested, the permittee shall submit to the Director a 
written report of the activities authorized by the permit. Such report 
must be postmarked by the date specified in the permit or otherwise 
requested by the Director.
    (2) A copy of the permit or an identification label, which includes 
the scientific name, the permit number, and a statement that the plant 
is of ``wild origin'' or ``cultivated origin'' must accompany the plant 
or its container during the course of any activity subject to these 
regulations, unless the specimens meet the special conditions referred 
to in paragraph (c)(3) of this section.
    (3) In the case of plants that are herbarium specimens, or other 
preserved, dried or embedded museum specimens to be imported or exported 
as a noncommercial loan, exchange or donation between scientists or 
scientific institutions, the names and addresses of the consignor and 
consignee must be on each package or container. A description such as 
``herbarium specimens'' and the code letters assigned by the Service to 
the scientists or scientific institution must be entered on the Customs 
declaration form affixed to each package or container. If the specimens 
are of taxa also regulated by the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora, the letters ``CITES'' 
(acronym for the Convention) also must be entered on the Customs 
declaration form, as indicated in Sec. 23.15(e)(3) of this subchapter.

[[Page 209]]

    (d) Duration of permit. The duration of a permit issued under this 
section shall be designated on the face of the permit.

[44 FR 54060, Sept. 18, 1979, as amended at 50 FR 39690, Sept. 30, 1985; 
63 FR 52635, Oct. 1, 1998]



Sec. 17.63  Economic hardship permits.

    Upon receipt of a complete application, the Director may issue a 
permit authorizing any activity otherwise prohibited by Sec. 17.61, in 
accordance with Section 10(b) of the Act and the issuance criteria of 
this section, in order to prevent undue economic hardship. No such 
exemption may be granted for the importation or exportation of a species 
also listed in Appendix I of the Convention on International Trade in 
endangered Species of Wild Fauna and Flora, if the specimen would be 
used in a commercial activity.
    (a) Application requirements. An application for a permit under this 
section must be submitted to the Director by the person allegedly 
suffering undue economic hardship because his desired activity is 
prohibited. The application must be submitted on an official application 
form (Form 3-200) provided by the Service, or must contain the general 
information and certification required by Sec. 13.12(a) of this 
subchapter. It must include, as an attachment, all of the information 
required in Sec. 17.62 plus the following additional information.
    (1) The possible legal or economic alternatives to the activity 
sought to be authorized by the permit.
    (2) A full statement, accompanied by copies of all relevant 
correspondence, showing the applicant's involvement with the plant 
sought to be covered by the permit (as well as his involvement with 
similar plants). The applicant should include information on that 
portion of his income derived from activities involving such plants in 
relation to the balance of his income during the calendar year 
immediately preceding either the Federal Register notice of review of 
the status of the species or proposed rulemaking to list the species as 
Endangered, whichever is earlier.
    (3) Where applicable, proof of a contract or other binding legal 
obligation which:
    (i) Deals specifically with the plant sought to be covered by the 
permit;
    (ii) Became binding prior to the date of the Federal Register notice 
of review of the status of the species or proposed rulemaking to list 
the species as endangered, whichever is earlier; and
    (iii) Will cause monetary loss of a given dollar amount if the 
permit sought under this section is not granted.
    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued for economic hardship, as 
defined in section 10(b) of the Act. In making his decision, the 
Director shall consider, in addition to the general criteria in 
Sec. 13.21(b) of this subchapter, the following factors:
    (1) Whether the purpose for which the permit is requested will 
significantly affect the survival of the species in the wild;
    (2) The economic, legal, or other alternatives or relief available 
to the applicant;
    (3) The amount of evidence that the applicant was in fact party to a 
contract or other binding legal obligation which:
    (i) Deals specifically with the plant sought to be covered by the 
permit; and
    (ii) Became binding prior to the date of the Federal Register notice 
of review of the status of the species or proposed rulemaking to list 
the species as endangered, whichever is earlier;
    (4) The severity of economic hardship which the contract or other 
binding legal obligation referred to in paragraph (b)(3) of this section 
would cause if the permit were denied;
    (5) Where applicable, the portion of the applicant's income which 
would be lost if the permit were denied, and the relationship of that 
portion to the balance of his income.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section may be subject to any of the following special conditions:
    (1) If requested, the permittee shall submit to the Director a 
written report

[[Page 210]]

of the activities authorized by the permit. Such report must be 
postmarked by the date specified in the permit or otherwise requested by 
the Director.
    (2) If requested, the permittee shall report to the Service's office 
designated in the permit the death, destruction or loss of all living 
plants covered by the permit. Such report must be postmarked by the date 
specified in the permit or otherwise requested by the Director.
    (d) Duration of permit. The duration of a permit issued under this 
section shall be designated on the face of the permit. No permit issued 
under this section shall be valid for more than one year from the date 
of a Federal Register notice of review of the status of the species or 
proposed rulemaking to list the species as endangered, whichever is 
earlier.

[44 FR 54060, Sept. 18, 1979]



                      Subpart G--Threatened Plants



Sec. 17.71  Prohibitions.

    (a) Except as provided in subpart A of this part, or in a permit 
issued under this subpart, all of the provisions in Sec. 17.61 shall 
apply to threatened plants, with the following exception. Seeds of 
cultivated specimens of species treated as threatened shall be exempt 
from all the provisions of Sec. 17.61, provided that a statement that 
the seeds are of ``cultivated origin'' accompanies the seeds or their 
container during the course of any activity otherwise subject to these 
regulations.
    (b) In addition to any provisions of this part 17, any employee or 
agent of the Service or of a State Conservation Agency which is 
operating a conservation program pursuant to the terms of a Cooperative 
Agreement with the Service in accordance with section 6(c) of the Act, 
who is designated by that agency for such purposes, may, when acting in 
the course of official duties, remove and reduce to possession from 
areas under Federal jurisdiction those threatened species of plants 
which are covered by an approved Cooperative Agreement to carry out 
conservation programs.
    (c) Whenever a special rule in Secs. 17.73 to 17.78 applies to a 
threatened species, none of the provisions of paragraph (a) of this 
section will apply. The special rule will contain all the applicable 
prohibitions and exceptions. If indicated by special rule, the exception 
for seeds in paragraph (a) of this section shall not apply to the 
threatened species.

[42 FR 32380, June 24, 1977, as amended at 50 FR 39691, Sept. 30, 1985]



Sec. 17.72  Permits--general.

    Upon receipt of a complete application, the Director may issue a 
permit authorizing any activity otherwise prohibited with regard to 
threatened plants. The permit shall be governed by the provisions of 
this section unless a special rule applicable to the plant is provided 
in Secs. 17.73 to 17.78. A permit issued under this section must be for 
one of the following: scientific purposes, the enhancement of the 
propagation or survival of threatened species, economic hardship, 
botanical or horticultural exhibition, educational purposes, or other 
activities consistent with the purposes and policy of the Act. Such a 
permit may authorize a single transaction, a series of transactions, or 
a number of activities over a specified period of time.
    (a) Application requirements. A person wishing to get a permit for 
an activity prohibited by Sec. 17.71 submits an application to conduct 
activities under this paragraph. For interstate commerce activities the 
seller gets the permit for plants coming from cultivated stock and the 
buyer gets the permit if the plants are taken from the wild. The Service 
provides Form 3-200 for the application or you may submit the general 
information and certification required by Sec. 13.12(a) of this 
subchapter. Application requirements differ for permits issued for 
plants taken from the wild (excluding seeds), seeds and cultivated 
plants, or herbarium specimens. You must attach the following 
information and any other information requested by the Director.
    (1) For activities involving plants obtained from the wild 
(excluding seeds), provide the following information:
    (i) The scientific names of the plants sought to be covered by the 
permit;
    (ii) The estimated number of specimens sought to be covered by the 
permit;

[[Page 211]]

    (iii) The year, country, and approximate place where taking occurred 
or will occur;
    (iv) If the activities would involve removal and reduction to 
possession of a plant from an area under Federal jurisdiction, the year, 
State, county or any other description such as place name, township, and 
range designation that will precisely place the location where the 
proposed removal and reduction to possession will occur, the name of the 
Federal entity having jurisdiction over the area and the name, title, 
address, and phone number of the person in charge of the area.
    (v) A brief description of the applicant's expertise and facilities 
as related to the proposed activity;
    (vi) A justification of the activities sought to be authorized by 
the permit and the relationship of such activities to scientific 
purposes, enhancing the propagation or survival of the species, or other 
objectives consistent with the purposes and policy of the Act; and
    (vii) A statement of the applicant's willingness to participate in a 
cooperative propagation program, and to maintain or contribute data 
relating to such efforts.
    (2) For activities involving seeds obtained from the wild and 
cultivated plants, provide the following information:
    (i) The scientific names of the plants sought to be covered by the 
permit;
    (ii) A statement of the applicant's willingness to participate in a 
cooperative propagation program, and to maintain or contribute data 
relating to the success of such efforts; and
    (iii) A justification of the activities sought to be authorized by 
the permit and the relationship of such activities to scientific 
purposes, enhancing the propagation or survival of the species, or other 
objectives consistent with the purposes and policy of the Act.
    (iv) If the activities would involve removal and reduction to 
possession of seeds from an area under Federal jurisdiction, the year, 
State, county, or any other description such as place name, township, 
and range designation that will precisely place the location where the 
proposed removal and reduction to possession will occur, the name of the 
Federal entity having jurisdiction over the area and the name, title, 
address, and phone number of the person in charge of the area.
    (3) For importation or exportation involving the non-commercial 
loan, exchange or donation of herbarium or other preserved, dried or 
embedded museum specimens of all threatened species between scientists 
or scientific institutions, provide the following information:
    (i) The name and address of the institution or other facility where 
the plants sought to be covered by the permit will be used or 
maintained; and
    (ii) A justification of the activities sought to be authorized by 
the permit and the relationship of such activities to scientific 
purposes, enhancing the propagation or survival of the species, or other 
objectives consistent with the purposes and policy of the Act.
    (4) When the activity applied for involves a species also regulated 
by the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora, additional requirements of Sec. 23.15(c) of this 
subchapter must be met. For your convenience, Sec. 23.15(c) is repeated 
here.

    Application requirements for permits or certificates to import, 
export or re-export wildlife or plants listed in Appendix I, II or III 
that are not subject to the regulations in part 17 or part 18 of this 
subchapter. Any person subject to the jurisdiction of the United States 
who wishes to get such a permit or certificate submits an application 
under this section to the Director, Fish and Wildlife Service 
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 
700, Arlington, VA 22203. The Service provides Form 3-200 for the 
application to which as much of the following information relating to 
the purpose of the permit or certificate must be attached:
    (1) The scientific and common names of the species (or taxa to the 
rank listed in Appendix I, II, or III) sought to be covered by the 
permit, the number of wildlife or plants, and the activity sought to be 
authorized (such as importing, exporting, re-exporting, etc.);
    (2) A statement as to whether the wildlife or plant, at the time of 
application, (i) is living in the wild, (ii) is living, but not in the 
wild, or (iii) is dead;
    (3) A description of the wildlife or plant, including (i) size, (ii) 
sex (if known), and (iii) type of goods, if it is a part or derivative;

[[Page 212]]

    (4) In the case of living wildlife or plants, (i) a description of 
the type, size, and construction of any container the wildlife or plant 
will be placed in during transportation, and (ii) the arrangements for 
watering and otherwise caring for the wildlife or plant during 
transportation;
    (5) The name and address of the person in a foreign country to whom 
the wildlife or plant is to be exported from the United States, or from 
whom the wildlife or plant is to be imported into the United States;
    (6) The country and place where the wildlife or plant was or is to 
be taken from the wild;
    (7) In the case of wildlife or plants listed in Appendix I to be 
imported into the United States, (i) a statement of the purposes and 
details of the activities for which the wildlife or plant is to be 
imported; (ii) a brief resume of the technical expertise of the 
applicant or other persons who will care for the wildlife or plant; 
(iii) the name, address, and description, including diagrams or 
photographs, of the facility where the wildlife or plant will be 
maintained; and (iv) a description of all mortalities, in the two years 
preceding the date of this application, including any wildlife species 
covered in the application (or any species of the same genus or family) 
held by the applicant, including the causes and steps taken to avoid 
such mortalities; and
    (8) Copies of documents, sworn affidavits, or other evidence showing 
that either (i) the wildlife or plant was acquired prior to the date the 
Convention applied to it, or (ii) the wildlife or plant was bred in 
captivity, or artificially propagated, or was part of or derived 
therefrom, or (iii) the wildlife or plant is an herbarium specimen, or 
live plant material to be imported, exported, or re-exported as a 
noncommercial loan, donation, or exchange between scientists or 
scientific institutions.

    (b) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a) of this section, the Director will decide 
whether or not a permit should be issued. In making his decision, the 
Director shall consider, in addition to the general criteria in 
Sec. 13.21(b) of this subchapter, the following factors:
    (1) Whether the purpose for which the permit is requested will 
enhance the survival of the species in the wild;
    (2) Whether the purpose for which the permit is requested will 
enhance the propagation of the species;
    (3) The opinions or views of scientists or other persons or 
organizations having expertise concerning the plant or other matters 
germane to the application; and
    (4) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application.
    (c) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) If requested, the permittee shall submit to the Director a 
written report of the activities authorized by the permit. Such report 
must be postmarked by the date specified in the permit or otherwise 
requested by the Director.
    (2) A copy of the permit or an identification label, which includes 
the scientific name, the permit number, and a statement that the plant 
is of ``wild orgin'' or ``cultivated origin'' must accompany the plant 
or its container during the course of any activity subject to these 
regulations, unless the specimens meet the special conditions referred 
to in paragraph (c)(3) of this section.
    (3) In the case of plants that are herbarium specimens, or other 
preserved, dried, or embedded museum specimens to be imported or 
exported as a noncommercial loan exchange or donation between scientists 
or scientific institutions, the names and addresses of the consignor and 
consignee must be on each package or container. A description such as 
``herbarium specimens'' and the code letters assigned by the Service to 
the scientist or scientific institution must be entered on the Customs 
declaration form affixed to each package or container. If the specimens 
are of taxa also regulated by the Convention on International Trade in 
Endangered Species of Wild Fauna and Flora, the letters ``CITES'' 
(acronym for the convention) also must be entered on the Customs 
declaration form as indicated in Sec. 23.15(e)(3) of this subchapter.
    (d) Duration of permit. The duration of a permit issued under this 
section shall be designated on the face of the permit.

[42 FR 32380, June 24, 1977, as amended at 50 FR 39691, Sept. 30, 1985; 
63 FR 52636, Oct. 1, 1998]

[[Page 213]]



Secs. 17.73--17.78  [Reserved]



                   Subpart H--Experimental Populations

    Source: 49 FR 33893, Aug. 27, 1984, unless otherwise noted.



Sec. 17.80  Definitions.

    (a) The term experimental population means an introduced and/or 
designated population (including any off-spring arising solely 
therefrom) that has been so designated in accordance with the procedures 
of this subpart but only when, and at such times as the population is 
wholly separate geographically from nonexperimental populations of the 
same species. Where part of an experimental population overlaps with 
natural populations of the same species on a particular occasion, but is 
wholly separate at other times, specimens of the experimental population 
will not be recognized as such while in the area of overlap. That is, 
experimental status will only be recognized outside the areas of 
overlap. Thus, such a population shall be treated as experimental only 
when the times of geographic separation are reasonably predictable; 
e.g., fixed migration patterns, natural or man-made barriers. A 
population is not treated as experimental if total separation will occur 
solely as a result of random and unpredictable events.
    (b) The term essential experimental population means an experimental 
population whose loss would be likely to appreciably reduce the 
likelihood of the survival of the species in the wild. All other 
experimental populations are to be classified as nonessential.



Sec. 17.81  Listing.

    (a) The Secretary may designate as an experimental population a 
population of endangered or threatened species that has been or will be 
released into suitable natural habitat outside the species' current 
natural range (but within its probable historic range, absent a finding 
by the Director in the extreme case that the primary habitat of the 
species has been unsuitably and irreversibly altered or destroyed), 
subject to the further conditions specified in this section; provided, 
that all designations of experimental populations must proceed by 
regulation adopted in accordance with 5 U.S.C. 553 and the requirements 
of this subpart.
    (b) Before authorizing the release as an experimental population of 
any population (including eggs, propagules, or individuals) of an 
endangered or threatened species, and before authorizing any necessary 
transportation to conduct the release, the Secretary must find by 
regulation that such release will further the conservation of the 
species. In making such a finding the Secretary shall utilize the best 
scientific and commercial data available to consider:
    (1) Any possible adverse effects on extant populations of a species 
as a result of removal of individuals, eggs, or propagules for 
introduction elsewhere;
    (2) The likelihood that any such experimental population will become 
established and survive in the foreseeable future;
    (3) The relative effects that establishment of an experimental 
population will have on the recovery of the species; and
    (4) The extent to which the introduced population may be affected by 
existing or anticipated Federal or State actions or private activities 
within or adjacent to the experimental population area.

The Secretary may issue a permit under section 10(a)(1)(A) of the Act, 
if appropriate under the standards set out in subsections 10(d) and (j) 
of the Act, to allow acts necessary for the establishment and 
maintenance of an experimental population.
    (c) Any regulation promulgated under paragraph (a) of this section 
shall provide:
    (1) Appropriate means to identify the experimental population, 
including, but not limited to, its actual or proposed location, actual 
or anticipated migration, number of specimens released or to be 
released, and other criteria appropriate to identify the experimental 
population(s);
    (2) A finding, based solely on the best scientific and commercial 
data available, and the supporting factual basis,

[[Page 214]]

on whether the experimental population is, or is not, essential to the 
continued existence of the species in the wild;
    (3) Management restrictions, protective measures, or other special 
management concerns of that population, which may include but are not 
limited to, measures to isolate and/or contain the experimental 
population designated in the regulation from natural populations; and
    (4) A process for periodic review and evaluation of the success or 
failure of the release and the effect of the release on the conservation 
and recovery of the species.
    (d) The Fish and Wildlife Service shall consult with appropriate 
State fish and wildlife agencies, local governmental entities, affected 
Federal agencies, and affected private landowners in developing and 
implementing experimental population rules. When appropriate, a public 
meeting will be conducted with interested members of the public. Any 
regulation promulgated pursuant to this section shall, to the maximum 
extent practicable, represent an agreement between the Fish and Wildlife 
Service, the affected State and Federal agencies and persons holding any 
interest in land which may be affected by the establishment of an 
experimental population.
    (e) Any population of an endangered species or a threatened species 
determined by the Secretary to be an experimental population in 
accordance with this subpart shall be identified by special rule in 
Secs. 17.84--17.86 as appropriate and separately listed in Sec. 17.11(h) 
(wildlife) or Sec. 17.12(h) (plants) as appropriate.
    (f) The Secretary may designate critical habitat as defined in 
section (3)(5)(A) of the Act for an essential experimental population as 
determined pursuant to paragraph (c)(2) of this section. Any designation 
of critical habitat for an essential experimental population will be 
made in accordance with section 4 of the Act. No designation of critical 
habitat will be made for nonessential populations. In those situations 
where a portion or all of an essential experimental population overlaps 
with a natural population of the species during certain periods of the 
year, no critical habitat shall be designated for the area of overlap 
unless implemented as a revision to critical habitat of the natural 
population for reasons unrelated to the overlap itself.



Sec. 17.82  Prohibitions.

    Any population determined by the Secretary to be an experimental 
population shall be treated as if it were listed as a threatened species 
for purposes of establishing protective regulations under section 4(d) 
of the Act with respect to such population. The Special rules 
(protective regulations) adopted for an experimental population under 
Sec. 17.81 will contain applicable prohibitions, as appropriate, and 
exceptions for that population.



Sec. 17.83  Interagency cooperation.

    (a) Any experimental population designated for a listed species (1) 
determined pursuant to Sec. 17.81(c)(2) of this subpart not to be 
essential to the survival of that species and (2) not occurring within 
the National Park System or the National Wildlife Refuge System, shall 
be treated for purposes of section 7 (other than subsection (a)(1) 
thereof) as a species proposed to be listed under the Act as a 
threatened species.
    (b) Any experimental population designated for a listed species that 
either (1) has been determined pursuant to Sec. 17.81(c)(2) of this 
subpart to be essential to the survival of that species, of (2) occurs 
within the National Park System or the National Wildlife Refuge System 
as now or hereafter constituted, shall be treated for purposes of 
section 7 of the Act as a threatened species. Notwithstanding the 
foregoing, any biological opinion prepared pursuant to section 7(b) of 
the Act and any agency determination made pursuant to section 7(a) of 
the Act shall consider any experimental and nonexperimental populations 
to constitute a single listed species for the purposes of conducting the 
analyses under such sections.



Sec. 17.84  Special rules--vertebrates.

    (a) Delmarva Peninsula fox squirrel (Sciurus niger cinereus). (1) 
The Delmarva Peninsula fox squirrel population identified in paragraph 
(a)(6) of

[[Page 215]]

this section is a nonessential experimental population.
    (2) No person shall take this species, except:
    (i) For educational purposes, scientific purposes, the enhancement 
of propagation or survival of the species, zoological exhibition, and 
other conservation purposes consistent with the Act and in accordance 
with applicable State fish and wildlife conservation laws and 
regulations; or
    (ii) Incidental to recreational activities.
    (3) Any violation of applicable State fish and wildlife conservation 
laws or regulations with respect to the taking of this species (other 
than incidental taking as described in paragraph (a)(2)(ii) of this 
section) will also be a violation of the Endangered Species Act.
    (4) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife laws or regulations or the Endangered Species Act.
    (5) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraph (a)(2) or (4) of this section.
    (6) The site for reintroduction of Delmarva Peninsula fox squirrel 
is totally isolated from existing populations of this species. The 
nearest extant population is in the Chincoteague National Wildlife 
Refuge approximately 50 miles from the reintroduction site. The 
reintroduction site is within the historic range of this species and is 
located at the Assawoman Wildlife Area, Sussex County, Delaware. 
Observation of previous releases have shown that fox squirrels have not 
traveled more than 2 or 3 miles from release sites, therefore, the 
possibility of this population contacting extant wild populations is 
unlikely.
    (7) The reintroduced population will be checked periodically to 
determine its condition and the success of the reintroduction. Of 
special concern will be the establishment of breeding pairs and the 
reproductive success of the population. The movement patterns of the 
released individuals and the overall health of the population will also 
be observed.
    (b) Colorado squawfish (Ptychocheilus lucius) and woundfin 
(Plagopterus argentissimus). (1) The Colorado squawfish and woundfin 
populations identified in paragraph (b)(6) of this section, are 
experimental, nonessential populations.
    (2) No person shall take the species, except in accordance with 
applicable State or Tribal fish and wildlife conservation laws and 
regulations in the following instances:
    (i) For educational purposes, scientific purposes, the enhancement 
of propagation or survival of the species, zoological exhibition, and 
other conservation purposes consistent with the Act; or
    (ii) Incidental to otherwise lawful activities, provided that the 
individual fish taken, if still alive, is immediately returned to its 
habitat.
    (3) Any violation of applicable State or Tribal fish and wildlife 
conservation laws or regulations with respect to the taking of this 
species (other than incidental taking as described in paragraph 
(b)(2)(ii) of this section) will also be a violation of the Endangered 
Species Act.
    (4) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export, by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State or 
Tribal fish and wildlife laws or regulations.
    (5) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (b) (2) through (4) of this section.
    (6) All of the sites for reintroduction of Colorado squawfish and 
woundfin are totally isolated from existing populations of these 
species. The nearest population of Colorado squawfish is above Lake 
Powell in the Green and Colorado Rivers, an upstream distance of at 
least 800 miles including 6 mainstream dams, and 200 miles of dry 
riverbed. Woundfin are similarly isolated (450 miles distant, 200 miles 
of dry streambed and 5 mainstream dams). All reintroduction sites are 
within the probable historic range of these species and are as follows:


[[Page 216]]



                           Colorado Squawfish

    (i) Arizona: Gila County. Salt River from Roosevelt Dam upstream to 
U.S Highway 60 bridge.
    (ii) Arizona: Gila and Yavapai Counties. Verde River from Horseshoe 
Dam upstream to Perkinsville.
    The lower segments of large streams which flow into these two 
sections of river may, from time to time, be inhabited by Colorado 
squawfish. Downstream movement of squawfish in these areas will be 
restricted by dams and upstream movement is limited by lack of suitable 
habitat.

                                Woundfin

    (i) Arizona: Gila and Yavapai Counties. Verde River from backwaters 
of Horseshoe Reservoir upstream to Perkinsville.
    (ii) Arizona: Graham and Greenlee Counties. Gila River from 
backwaters of San Carlos Reservoir upstream to Arizona/New Mexico State 
line.
    (iii) Arizona: Greenlee County. San Francisco River from its 
junction with the Gila River upstream to the Arizona/New Mexico State 
line.
    (iv) Arizona: Gila County. Tonto Creek, from Punkin Center upstream 
to Gisela.
    (v) Arizona: Yavapai County. Hassayampa River, from Red Cliff 
upstream to Wagoner.
    The movement of woundfin beyond these areas will be limited to the 
lower portion of larger tributaries where suitable habitat exists. 
Downstream movement is limited by dams, reservoirs, and dry streambed. 
Upstream movement from these areas is restricted due to the absence of 
habitat. Upstream areas are too cold and the gradient is too steep to 
support populations of woundfin.

    (7) The reintroduced populations will be checked annually to 
determine their condition. A seining survey will be used to determine 
population expansion or contraction, reproduction success, and general 
health condition of the fish.
    (c) Red wolf (Canis rufus). (1) The red wolf populations identified 
in paragraphs (c)(9)(i) and (c)(9)(ii) of this section are nonessential 
experimental populations.
    (2) No person may take this species, except as provided in 
paragraphs (c)(3) through (5) and (10) of this section.
    (3) Any person with a valid permit issued by the Service under 
Sec. 17.32 may take red wolves for educational purposes, scientific 
purposes, the enhancement of propagation or survival of the species, 
zoological exhibition, and other conservation purposes consistent with 
the Act and in accordance with applicable State fish and wildlife 
conservation laws and regulations;
    (4)(i) Any person may take red wolves found on private land in the 
areas defined in paragraphs (c)(9) (i) and (ii) of this section, 
Provided that such taking is not intentional or willful, or is in 
defense of that person's own life or the lives of others; and that such 
taking is reported within 24 hours to the refuge manager (for the red 
wolf population defined in paragraph (c)(9)(i) of this section), the 
Park superintendent (for the red wolf population defined in paragraph 
(c)(9)(ii) of this section), or the State wildlife enforcement officer 
for investigation.
    (ii) Any person may take red wolves found on lands owned or managed 
by Federal, State, or local government agencies in the areas defined in 
paragraphs (c)(9) (i) and (ii) of this section, Provided that such 
taking is incidental to lawful activities, is unavoidable, 
unintentional, and not exhibiting a lack of reasonable due care, or is 
in defense of that person's own life or the lives of others, and that 
such taking is reported within 24 hours to the refuge manager (for the 
red wolf population defined in paragraph (c)(9)(i) of this section), the 
Park superintendent (for the red wolf population defined in paragraph 
(c)(9)(ii) of this section), or the State wildlife enforcement officer 
for investigation.
    (iii) Any private landowner, or any other individual having his or 
her permission, may take red wolves found on his or her property in the 
areas defined in paragraphs (c)(9) (i) and (ii) of this section when the 
wolves are in the act of killing livestock or pets, Provided that 
freshly wounded or killed livestock or pets are evident and that all 
such taking shall be reported within 24 hours to the refuge manager (for 
the red wolf population defined in paragraph (c)(9)(i) of this section), 
the Park superintendent (for the red wolf population defined in 
paragraph (c)(9)(ii) of this section), or the State wildlife enforcement 
officer for investigation.
    (iv) Any private landowner, or any other individual having his or 
her permission, may harass red wolves found on his or her property in 
the areas defined in paragraphs (c)(9) (i) and (ii) of

[[Page 217]]

this section, Provided that all such harassment is by methods that are 
not lethal or physically injurious to the red wolf and is reported 
within 24 hours to the refuge manager (for the red wolf population 
defined in paragraph (c)(9)(i) of this section), the Park superintendent 
(for the red wolf population defined in paragraph (c)(9)(ii) of this 
section), or the State wildlife enforcement officer, as noted in 
paragraph (c)(6) of this section for investigation.
    (v) Any private landowner may take red wolves found on his or her 
property in the areas defined in paragraphs (c)(9) (i) and (ii) of this 
section after efforts by project personnel to capture such animals have 
been abandoned, Provided that the Service project leader or biologist 
has approved such actions in writing and all such taking shall be 
reported within 24 hours to the Service project leader or biologist, the 
refuge manager (for the red wolf population defined in paragraph 
(c)(9)(i) of this section), the Park superintendent (for the red wolf 
population defined in paragraph (c)(9)(ii) of this section), or the 
State wildlife enforcement officer for investigation.
    (vi) The provisions of paragraphs (4) (i) through (v) of this 
section apply to red wolves found in areas outside the areas defined in 
paragraphs (c)(9) (i) and (ii) of this section, with the exception that 
reporting of taking or harassment to the refuge manager, Park 
superintendent, or State wildlife enforcement officer, while encouraged, 
is not required.
    (5) Any employee or agent of the Service or State conservation 
agency who is designated for such purposes, when acting in the course of 
official duties, may take a red wolf if such action is necessary to:
    (i) Aid a sick, injured, or orphaned specimen;
    (ii) Dispose of a dead specimen, or salvage a dead specimen which 
may be useful for scientific study;
    (iii) Take an animal that constitutes a demonstrable but non-
immediate threat to human safety or that is responsible for depredations 
to lawfully present domestic animals or other personal property, if it 
has not been possible to otherwise eliminate such depredation or loss of 
personal property, Provided That such taking must be done in a humane 
manner, and may involve killing or injuring the animal only if it has 
not been possible to eliminate such threat by live capturing and 
releasing the specimen unharmed on the refuge or Park;
    (iv) Move an animal for genetic purposes.
    (6) Any taking pursuant to paragraphs (c) (3) through (5) of this 
section must be immediately reported to either the Refuge Manager, 
Alligator River National Wildlife Refuge, Manteo, North Carolina, 
telephone 919/473-1131, or the Superintendent, Great Smoky Mountains 
National Park, Gatlinburg, Tennessee, telephone 615/436-1294. Either of 
these persons will determine disposition of any live or dead specimens.
    (7) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any such species taken in 
violation of these regulations or in violation of applicable State fish 
and wildlife laws or regulations or the Endangered Species Act.
    (8) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (c) (2) through (7) of this section.
    (9)(i) The Alligator River reintroduction site is within the 
historic range of the species in North Carolina, in Dare, Hyde, Tyrrell, 
and Washington Counties; because of its proximity and potential 
conservation value, Beaufort County is also included in the experimental 
population designation.
    (ii) The red wolf also historically occurred on lands that now 
comprise the Great Smoky Mountains National Park. The Park encompasses 
properties within Haywood and Swain Counties in North Carolina, and 
Blount, Cocke, and Sevier Counties in Tennessee. Graham, Jackson, and 
Madison Counties in North Carolina, and Monroe County in Tennessee, are 
also included in the experimental designation because of the close 
proximity of these counties to the Park boundary.
    (iii) Except for the three island propagation projects and these 
small reintroduced populations, the red wolf is extirpated from the 
wild. Therefore,

[[Page 218]]

there are no other extant populations with which the refuge or Park 
experimental populations could come into contact.
    (10) The reintroduced populations will be monitored closely for the 
duration of the project, generally using radio telemetry as appropriate. 
All animals released or captured will be vaccinated against diseases 
prevalent in canids prior to release. Any animal that is determined to 
be in need of special care or that moves onto lands where the landowner 
requests their removal will be recaptured, if possible, by Service and/
or Park Service and/or designated State wildlife agency personnel and 
will be given appropriate care. Such animals will be released back into 
the wild as soon as possible, unless physical or behavioral problems 
make it necessary to return the animals to a captive-breeding facility.
    (11) The status of the Alligator River National Wildlife Refuge 
project will be reevaluated by October 1, 1992, to determine future 
management status and needs. This review will take into account the 
reproductive success of the mated pairs, movement patterns of individual 
animals, food habits, and overall health of the population. The duration 
of the first phase of the Park project is estimated to be 10 to 12 
months. After that period, an assessment of the reintroduction potential 
of the Park for red wolves will be made. If a second phase of 
reintroduction is attempted, the duration of that phase will be better 
defined during the assessment. However, it is presently thought that a 
second phase would last for 3 years, after which time the red wolf would 
be treated as a resident species within the Park. Throughout these 
periods, the experimental and nonessential designation of the animals 
will remain in effect.
    (d) Southern sea otter (Enhydra lutris nereis). (1) Definitions. The 
definitions set out in Sec. 17.3 apply to this paragraph (d). For 
purposes of this paragraph--
    (i) The term defense-related agency action means an agency action 
proposed to be carried out directly by a military department, which does 
not have as its intended purpose the taking of southern sea otters. For 
purposes of this definition, the United States Coast Guard is not a 
military department.
    (ii) The term management zone means that area delineated in 
paragraph (d)(5)(i) of this section which surrounds the translocation 
zone and separates the translocation zone from the existing range of the 
parent population and adjacent range where expansion of the parent 
population is necessary for the recovery of southern sea otters.
    (iii) The term member of the experimental population of southern sea 
otters includes any southern sea otter, alive or dead, found within the 
translocation zone or the management zone, and any part or product of 
any such southern sea otter.
    (iv) The term parent population means the population of southern sea 
otters existing along the central California coast north of the 
management zone.
    (v) The term translocation zone means the area delineated in 
paragraph (d)(4)(i) of this section within which an experimental 
population of southern sea otters is released and contained.
    (vi) The term established experimental population of southern sea 
otters means a translocated population that meets the following 
criteria: An estimated combined minimum of 150 healthy male and female 
sea otters residing within the translocation zone, little or no 
emigration into the management zone occurring, and a minimum annual 
recruitment to the experimental population in the translocation zone of 
20 sea otters for at least 3 years of the latest 5-year period, or 
replacement yield sufficient to maintain the experimental population at 
or near carrying capacity during the post-establishment and growth phase 
or carrying capacity phase of the experimental population.
    (vii) The term stabilized population is a population of sea otters 
within the translocation zone at the conclusion of the movement of 
animals from the parent population, except for purposes of genetic 
enhancement, which (A) is equal to or greater than the number of otters 
that were released from the holding pens alive and healthy, or 70 
otters, whichever is less, and (B) is exhibiting growth. A stabilized 
population would represent the point at which the experimental 
population shifts from the transplant stage to the

[[Page 219]]

initial growth and reestablishment stage.
    (viii) The term carrying capacity means the ecological state in 
which the numbers of sea otters within the translocation zone remain 
relatively constant and in balance with the available food supply.
    (2) Description of experimental population. The experimental 
population of southern sea otters shall include all southern sea otters 
found within the translocation zone or the management zone. The Service 
will translocate no more than 70 southern sea otters during the first 
year, supplemented as necessary with up to 70 otters per year in 
subsequent years from the parent population to the translocation zone. 
Although a maximum of 250 southern sea otters may be moved from the 
parent population in order to establish the experimental population in 
the translocation zone, it is not likely that supplemental translocation 
after the initial 70 will involve more than small numbers of southern 
sea otters, although under this plan a maximum of 70 could be moved if 
needed in each year up to a total of 250. The majority of animals 
translocated each year will be weaned, immature sea otters with a sex 
ratio of about 4 to 1, females to males. Of the adult sea otters 
selected for translocation, approximately 3 out of every 4 animals will 
be female.
    (3) Translocation process--(i) Capture. Capture locations will be 
selected primarily from the southern third of the range of the parent 
population. Sea otters will be captured using diver-held devices, dip 
nets, surface entangling nets, or other methods which may be proven to 
be safe and effective in the future. All captured otters will be tagged 
and examined by a veterinarian experienced in treating marine mammals.
    (ii) Transport. All animals to be translocated will be transported 
directly to the translocation zone or held in specially constructed 
holding facilities prior to their movement to the translocation zone. 
Access to and care of animals will be restricted to Federal and State 
personnel and designated agents directly involved with the 
translocation. Each captured animal will be placed in a carrying cage 
and transported by truck to the local airport, from which point they 
will be flown to the translocation zone. From there they will be trucked 
to the release site.
    (iii) Release. The animals will be released directly into the wild 
from their transport cages, or held for up to 5 days in secured floating 
pens at the release site. No more than 10 individuals will be held in 
any pen, and adult males will be held separately. When held in floating 
pens the animals will be released passively by opening the floating pens 
and allowing animals to leave at will.
    (iv) Monitoring. Monitoring will be conducted on both the parent 
population and the experimental population by State and Federal 
biologists and their designated agents. Monitoring the parent population 
will be done to determine the effects of removal of otters on the growth 
and range expansion or recession of the parent population. Monitoring of 
the parent population will continue at least through the translocation 
period and into the foreseeable future. Monitoring of the experimental 
population will begin with the first release of translocated otters and 
will continue at least until either the new population reaches the 
carrying capacity of the habitat and establishes an equilibrium density 
or the translocation is determined to have failed. Monitoring will 
include intensive studies of changes in key components of the nearshore 
ecosystem of the translocation zone including benthic organisms, kelp 
and finfish. Monitoring, using ground and aerial observations, will also 
include intensive observation and documentation of the movements, 
distribution, foraging and reproductive behavior, dispersal tendencies, 
growth and reproductive rates, prey selection, and social interactions 
of sea otters in the experimental population. Results of monitoring the 
experimental population and the parent population will also be compared 
and evaluated.
    (v) Protection. At least two law enforcement officers will be 
specifically assigned, at least for the initial three- to five-year 
period after the actual translocation of animals, to conduct patrols and 
prevent illegal taking of

[[Page 220]]

southern sea otters in the translocation zone. Cooperative enforcement 
arrangements will be developed with other agencies having law 
enforcement activities in the area such as the U.S. Coast Guard, 
National Marine Fisheries Service, California Department of Fish and 
Game, U.S. Navy, and National Park Service to assist with protecting the 
experimental population.
    (4) Translocation zone. (i) There is established a translocation 
zone for southern sea otters comprised of San Nicolas Island, Begg Rock, 
and the surrounding waters within the following coordinates:

                        N. Latitude/W. Longitude

33 deg.27.8'/119 deg.34.3'
33 deg.20.5'/119 deg.15.5'
33 deg.13.5'/119 deg.11.8'
33 deg.06.5'/119 deg.15.3'
33 deg.02.8'/119 deg.26.8'
33 deg.08.8'/119 deg.46.3'
33 deg.17.2'/119 deg.56.9'
33 deg.30.9'/119 deg.54.2'

    (ii) A map depicting the translocation zone is set forth below:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.002
    
    (iii) Prohibitions. Except as provided in paragraph (d)(4)(iv), all 
of the provisions in Sec. 17.21 (a) through (f) shall

[[Page 221]]

apply to any member of the experimental population of southern sea 
otters within the translocation zone.
    (iv) Exceptions. The prohibitions of paragraph (d)(4)(iii) shall not 
apply to:
    (A) Any act by the Service, the California Department of Fish and 
Game, or an authorized agent of the Service or the California Department 
of Fish and Game that is necessary to effect the relocation or 
management of any southern sea otter under the provisions of this 
paragraph;
    (B) Any taking of a member of the experimental population of 
southern sea otters that is incidental to, and not the purpose of, the 
carrying out of a defense-related agency action as defined in paragraph 
(d)(1)(i) of this section; or
    (C) Any act authorized by a permit issued under Sec. 17.32.
    (5) Management zone. (i) There is established a management zone for 
southern sea otters comprised of all waters, islands, islets, and land 
areas seaward of mean high tide subject to the jurisdiction of the 
United States located south of Point Conception, California 
(34 deg.26.9' N. Latitude), except for any area within the translocation 
zone delineated in paragraph (d)(4)(i) of this section.
    (ii) A map depicting the management zone is set forth in paragraph 
(d)(4)(ii) of this section.
    (iii) Prohibitions. Except as provided in paragraph (d)(5)(iv), all 
of the provisions in Sec. 17.21 (a) through (f) shall apply to any 
member of the experimental population of southern sea otters within the 
management zone.
    (iv) Exceptions. The prohibitions of paragraph (d)(5)(iii) shall not 
apply to:
    (A) Any act by the Service, the California Department of Fish and 
Game, or an authorized agent of the Service or the California Department 
of Fish and Game that is necessary to effect the relocation or 
management of any southern sea otter under the provisions of this 
paragraph;
    (B) Any taking of a member of the experimental population of 
southern sea otters that is incidental to, and not the purpose of, the 
carrying out of an otherwise lawful activity within the management zone 
delineated in paragraph (d)(5)(i) of this section; or
    (C) Any act authorized by a permit issued under Sec. 17.32.
    (6) Containment. The following containment measures, listed in order 
of preference, will be employed to prevent significant emigration of 
southern sea otters from San Nicolas Island and occupation of habitat 
within the management zone:
    (i) Capture of animals within the management zone for return to the 
experimental population or to the range of the parent population using 
non-lethal means. If verified sightings of one or more sea otters are 
made at any location within the management zone, field crews will be 
mobilized as soon as weather and sea conditions permit, to capture and 
remove the otter(s) from the zone. Capture will be done by experienced 
State and/or Federal personnel or other designated agents, using one or 
more of the same techniques used in the translocation effort, such as 
diver-held devices; surface entangling nets; dip nets; or other 
effective methods which may be developed for capturing sea otters in the 
future. Animals either will be flown or moved by air-conditioned van to 
the release site.
    (ii) Artificial reduction of fecundity for some sea otters within 
the experimental population. [Reserved]
    (iii) Selective or random, non-lethal removal of members of the 
experimental population within the translocation zone. [Reserved]

Containment measures will be administered by the Fish and Wildlife 
Service's Office of Sea Otter Management and Coordination (OSOMC), in 
consultation and cooperation with the California Department of Fish and 
Game. The OSOMC will work closely with State biologists to remove otters 
from the management zone. Federal funding received through the normal 
appropriations process will be used for research, protection, and 
containment of the experimental population. Grants to the State of 
California under 16 U.S.C. 1535, may be employed to facilitate the 
measures outlined above. Public donations for management and containment 
of the experimental population will be accepted with assistance from the 
National Fish and Wildlife Foundation.

[[Page 222]]

    (7) Effects of translocation on recovery and interagency 
cooperation--(i) Background. The Recovery Plan specifically describes 
the importance of translocation to the delisting of the southern sea 
otter under the Endangered Species Act. The Plan states:

    Sea otter translocation, if properly designed and implemented, 
should provide the necessary foundation for ultimately obtaining the 
Recovery Plan's objective and restoring the southern sea otter to a non-
threatened status and maintaining OSP by: (i) Establishing a second 
colony (or colonies) sufficiently distant from the present population 
such that a smaller portion of southern sea otters will be jeopardized 
in the event of a large-scale oil spill, and (ii) establishing a data 
base for identifying the optimal sustainable population level for the 
sea otter.


Thus the translocation, and establishment of a population of sea otters 
has been identified by the Recovery Plan as a critical action necessary 
for the recovery and delisting of the species. With regard to the 
relationship of a successful translocation to the initiation of a 
delisting action under the Endangered Species Act. The Plan states:

    Delisting should be considered when the southern sea otter 
population is stable or increasing at sustainable rates in a large 
enough area of their original habitat that only a small proportion of 
the population would be decimated by any single natural or man-caused 
catastrophe. To reach this point: (1) At least one additional population 
of sea otters must be established outside the current population range, 
(2) the existing population of sea otters and its habitat must be 
protected, and (3) the threat from oil spills or other major 
environmental changes must be minimized.


The successful establishment of the experimental population to be 
carried out pursuant to this rule should fully satisfy the first 
criterion specified above from the Recovery Plan, provided that the 
parent population is showing sustained growth and expanding its range 
from its present size and distribution. However, if such growth and 
expansion is not occurring, the establishment of a single new population 
may not be sufficient to satisfy the broader criterion that the 
population must be increasing at a sustainable rate in a large enough 
area of their original habitat that only a small proportion of the 
population would be decimated by any single natural or man-caused 
catastrophe.
    (ii) Effect on recovery. The translocation will not influence the 
legal status of the species until such time as the Service determines 
that the experimental population is established. Once established, other 
factors such as the status of the parent population and completion of 
other recovery tasks will be considered. If the experimental population 
becomes established and the other recovery tasks identified in the 
recovery plan for the southern sea otter are attained, the southern sea 
otter will be eligible for consideration for delisting in accordance 
with the requirements of 50 CFR 424.11(d). If a catastrophic event were 
to significantly diminish the parent population, the size of the 
experimental population would be a factor in determining whether or not 
the southern sea otter should remain listed as ``threatened'' or 
reclassified as ``endangered,'' or if relisting should be considered if 
a delisting action had been completed.
    (iii) Effect on interagency cooperation. In determining the 
likelihood of jeopardy or non-jeopardy opinions for proposed Federal 
actions that ``may affect'' southern sea otters, the probability of 
jeopardy determinations will decrease proportionally for comparable 
projects with comparable types of impacts as the experimental population 
grows from the point of being established toward the maximum number that 
its habitat can support, i.e., carrying capacity. Thus, there is an 
inverse relationship between the size of the experimental population 
(after being determined to be established) and the probability of 
jeopardy determinations associated with section 7 consultations under 
the Endangered Species Act for projects affecting either the parent or 
the experimental population. However, the status of the experimental 
population is not the only factor to be considered in section 7 
evaluations. The status of the parent population, as well as the 
cumulative impacts, baseline level of threats, and effects of the action 
on either population, will also be taken into account. In addition to 
considering the size of

[[Page 223]]

the experimental population, the contribution that such population could 
make toward helping restore a damaged parent population will also be a 
factor that will be considered during section 7 evaluations. For section 
7 purposes, once the translocated otters become stabilized and enter 
into the initial growth and reestablishment stage, but before meeting 
the criteria for an established population, the experimental population 
will have an existence value that will be taken into consideration both 
quantitatively and qualitatively. Its numbers will be added to those of 
the parent population for purposes of analyzing the impacts of a Federal 
action on the southern sea otter population. Moreover, during the 
initial growth and reestablishment stage, as part of the analysis of the 
impacts on the population as a whole, the impacts of proposed Federal 
actions will be analyzed to clearly determine the relative risk to each 
of the two populations (parent population and the experimental 
population).
    (8) Determination of a failed translocation. The translocation would 
generally be considered to have failed if one or more of the following 
conditions exists:
    (i) If, after the first year following initiation of translocation 
or any subsequent year, no translocated otters remain within the 
translocation zone and the reasons for emigration or mortality cannot be 
identified and/or remedied;
    (ii) If, within three years from the initial transplant, fewer than 
25 otters remain in the translocation zone and the reason for emigration 
or mortality cannot be identified and/or remedied;
    (iii) If, after two years following the completion of the transplant 
phase, the experimental population is declining at a significant rate 
and the translocated otters are not showing signs of successful 
reproduction (i.e., no pupping is observed); however, termination of the 
project under this and the previous criterion may be delayed if 
reproduction is occurring and the degree of dispersal into the 
management zone is small enough that the efforts to continue to remove 
otters from the management zone are acceptable to the Service and 
California Department of Fish and Game;
    (iv) If the Service determines, in consultation with the affected 
State and Marine Mammal Commission, that otters are dispersing from the 
translocation zone and becoming established within the management zone 
in sufficient numbers to demonstrate that containment cannot be 
successfully accomplished. This standard is not intended to apply to 
situations in which individuals or small numbers of otters are sighted 
within the management zone or temporarily manage to elude capture. 
Instead, it is meant to be applied when it becomes apparent that, over 
time, otters are relocating from the translocation zone to the 
management zone in such numbers that: (A) An independent breeding colony 
is likely to become established within the management zone, or (B) they 
could cause economic damage to fishery resources within the management 
zone. It is expected that the Service could make this determination 
within a year provided sufficient information is available;
    (v) If the health and well-being of the experimental population 
should become threatened to the point that the colony's continued 
survival is unlikely, despite the protections given to it by the 
Service, State, and applicable laws and regulations. An example would be 
if an overriding military action for national security was proposed that 
would threaten to devastate the colony and removal of the otters was 
determined to be the only viable way of preventing the loss of the 
individuals.
    (vi) If, based on any one of these criteria, the Service concludes, 
after consultation with the affected State and Marine Mammal Commission, 
that the translocation has failed to produce a viable, contained 
experimental population, this rulemaking will be amended to terminate 
the experimental population, and all otters remaining within the 
translocation zone will be captured and all healthy otters will be 
placed back into the range of the parent population. Efforts to maintain 
the management zone free of otters will be curtailed after all 
reasonable efforts have been made to remove all otters that are still 
within the management zone

[[Page 224]]

at the time of the decision to terminate the translocated population. A 
joint State-Service consultation will determine when all reasonable 
efforts have been made and additional efforts would be futile.
    (vii) Prior to declaring the translocation a failure, a full 
evaluation will be conducted into the probable causes of the failure. If 
the causes could be determined, and legal and reasonable remedial 
measures identified and implemented, consideration will be given to 
continuing to maintain the translocated population. If such reasonable 
measures cannot be identified and implemented, the results of the 
evaluation will be published in the Federal Register with a proposed 
rulemaking to terminate the experimental population.
    (e) Yellowfin madtom (Noturus flavipinnis). (1) The yellowfin madtom 
population identified in paragraph (4) of this subsection is a 
nonessential experimental population.
    (2) All prohibitions and exceptions listed in Secs. 17.31 and 17.32 
apply to the population identified in paragraph (e)(4) of this section, 
except that it may also be incidentally taken in accordance with 
applicable State laws and regulations.
    (3) Any violation of State law regulating the take of this species 
from the population identified in paragraph (e)(4) of this section will 
also be a violation of the Endangered Species Act.
    (4) This experimental population of the yellowfin madtom is found in 
the North Fork Holston River watershed, Washington, Smyth and Scott 
Counties, Virginia; South Fork Holston River watershed upstream to Ft. 
Patrick Henry Dam, Sullivan County, Tennessee; and the Holston River 
from the confluence of the North and South Forks downstream to the John 
Sevier Detention Lake Dam, Hawkins County, Tennessee. The reintroduction 
site is within the historic range of this species but it is totally 
isolated from existing populations of this species by large Tennessee 
River tributaries and reservoirs. As the species is not known to inhabit 
reservoirs, and it is unlikely that they could move 100 river miles 
through these large reservoirs, the possibility of this population 
contacting extant wild populations is unlikely.
    (f) Guam Rail (Rallus owstoni). (1) The Guam rail population 
identified in paragraph (f)(7) of this section is a nonessential 
experimental population.
    (2) No person shall take this species, except:
    (i) In accordance with a valid permit issued by the Service under 
Sec. 17.32 for educational purposes, scientific purposes, the 
enhancement of propagation or survival of the species, zoological 
exhibition, and other conservation purposes consistent with the Act; or
    (ii) As authorized by the laws and regulations of the Commonwealth 
of the Northern Mariana Islands, after the Service has made the 
determination that the experimental population has become well 
established and occupies all suitable habitat island-wide.
    (3) Any employee of the Service, the Commonwealth of the Northern 
Mariana Islands Division of Fish and Wildlife, or the Guam Division of 
Aquatic and Wildlife Resources who is designated for such purposes, may, 
when acting in the course of official duties, take a Guam rail without a 
permit if such action is necessary to:
    (i) Aid a sick, injured, or orphaned specimen;
    (ii) Dispose of a dead specimen;
    (iii) Salvage a dead specimen that may be useful for scientific 
study; or
    (iv) Take an animal that is responsible for depredations to personal 
property if it has not been possible to otherwise eliminate such 
depredations and/or loss of personal property, provided that such taking 
must be done in a humane manner and may involve injuring or killing the 
bird only if it has not been possible to eliminate depredations by live 
capturing and releasing the specimen unharmed in other suitable 
habitats.
    (4) Any violation of applicable commonwealth of the Northern Mariana 
Islands fish and wildlife conservation laws or regulations with respect 
to the taking of this species (other than taking as described in 
paragraph (f)(2)(ii) of this section) will also be a violation of the 
Endangered Species Act.
    (5) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any

[[Page 225]]

such species taken in violation of these regulations or in violation of 
applicable Commonwealth of the Northern Mariana Islands fish and 
wildlife laws or regulations or the Endangered Species Act.
    (6) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (f) (2) through (5) of this section.
    (7) The sites for introduction of Guam rails on Rota, Commonwealth 
of the Northern Mariana Islands, are on an island separated from Guam by 
50 kilometers of ocean. The last known observation of an individual of 
this species occurred near the northern tip of Guam, which is closest to 
the island of Rota. No intermingling of these populations will occur 
since this species has been extirpated in the wild on Guam. The Rota 
release sites are of necessity outside the historic range of the Guam 
rail, as described in this regulation, because its primary range has 
been unsuitably and irreversibly destroyed by the brown tree snake.
    (8) The nonessential experimental population on Rota will be checked 
periodically by staff of the Commonwealth of the Northern Mariana 
Islands Division of Fish and Wildlife and cooperating staff from the 
University of Tennessee to determine dispersal patterns, mortality, and 
reproductive success. The overall success of the releases and general 
health of the population will also be assessed.
    (g) Black-footed ferret (Mustela nigripes). (1) The black-footed 
ferret populations identified in paragraph (g)(9)(i), (g)(9)(ii), and 
(g)(9)(iii), and (g)(9)(iv) of this section are nonessential 
experimental populations. We will manage each of these populations will 
be managed in accordance with their respective management plans.
    (2) No person may take this species in the wild in the experimental 
population area, except as provided in paragraphs (g)(3), (4), (5), and 
(10) of this section.
    (3) Any person with a valid permit issued by the U.S. Fish and 
Wildlife Service (Service) under section 17.32 may take black-footed 
ferrets in the wild in the experimental population areas.
    (4) Any employee or agent of the Service or appropriate State 
wildlife agency designated for such purposes, acting in the course of 
official duties, may take a black-footed ferret in the wild in the 
experimental population areas if such action is necessary:
    (i) For scientific purposes;
    (ii) To relocate a ferret to avoid conflict with human activities;
    (iii) To relocate a ferret that has moved outside the Little Snake 
Black-footed Ferret Management Area/Coyote Basin Primary Management Zone 
when removal is necessary to protect the ferret, or is requested by an 
affected landowner or land manager, or whose removal is requested 
pursuant to paragraph (g)(12) of this section;
    (iv) To relocate ferrets within the experimental population area to 
improve ferret survival and recovery prospects;
    (v) To relocate ferrets from the experimental population areas into 
other ferret reintroduction areas or captivity;
    (vi) To aid a sick, injured, or orphaned animal; or
    (vii) To salvage a dead specimen for scientific purposes.
    (5) A person may take a ferret in the wild within the experimental 
population areas, provided such take is incidental to and not the 
purpose of, the carrying out of an otherwise lawful activity and if such 
ferret injury or mortality was unavoidable, unintentional, and did not 
result from negligent conduct. Such conduct is not considered 
intentional or ``knowing take'' for the purposes of this regulation, and 
the Service will not take legal action for such conduct. However, we 
will refer cases of knowing take to the appropriate authorities for 
prosecution.
    (6) You must report any taking pursuant to paragraphs (g)(3), 
(4)(vi) and (vii), and (5) of this section to the appropriate Service 
Field Supervisor, who will determine the disposition of any live or dead 
specimens.
    (i) Report such taking in the Shirley Basin/Medicine Bow 
experimental population area to the Field Supervisor, Ecological 
Services, Fish and Wildlife Service, Cheyenne, Wyoming (telephone: 307/
772-2374).

[[Page 226]]

    (ii) Report such taking in the Conata Basin/Badlands experimental 
population area to the Field Supervisor, Ecological Services, Fish and 
Wildlife Service, Pierre, South Dakota (telephone: 605/224-8693).
    (iii) Report such taking in the northcentral Montana experimental 
population area to the Field Supervisor, Ecological Services, Fish and 
Wildlife Service, Helena, Montana (telephone: 406/449-5225).
    (iv) Report such taking in the Aubrey Valley experimental population 
area to the Field Supervisor, Ecological Services, Fish and Wildlife 
Service, Phoenix, Arizona (telephone: 602/640-2720).
    (v) Report such taking in the northwestern Colorado/northeastern 
Utah experimental population area to the appropriate Field Supervisor, 
Ecological Services, U.S. Fish and Wildlife Service, Lakewood, Colorado 
(telephone: 303/275-2370), or Salt Lake City, Utah (telephone: 801/524-
5001).
    (7) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any ferret or part thereof 
from the experimental populations taken in violation of these 
regulations or in violation of applicable State fish and wildlife laws 
or regulations or the Endangered Species Act.
    (8) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to commit, any offense defined in paragraphs 
(g)(2) and (7) of this section.
    (9) The sites for reintroduction of black-footed ferrets are within 
the historical range of the species.
    (i) We consider the Shirley Basin/Medicine Bow Management Area on 
the attached map of Wyoming to be the core recovery area for this 
species in southeastern Wyoming. The boundaries of the nonessential 
experimental population are that part of Wyoming south and east of the 
North Platte River within Natrona, Carbon, and Albany Counties (see 
Wyoming map). All marked ferrets found in the wild within these 
boundaries prior to the first breeding season following the first year 
of releases constituted the nonessential experimental population during 
this period. All ferrets found in the wild within these boundaries 
during and after the first breeding season following the first year of 
releases comprise the nonessential experimental population, thereafter.
    (ii) We consider the Conata Basin/Badlands Reintroduction Area on 
the attached map for South Dakota to be the core recovery area for this 
species in southwestern South Dakota. The boundaries of the nonessential 
experimental population area occur north of State Highway 44 and BIA 
Highway 2 east of the Cheyenne River and BIA Highway 41, south of I-90, 
and west of State Highway 73 within Pennington, Shannon, and Jackson 
Counties, South Dakota. Any black-footed ferret found in the wild within 
these boundaries is part of the nonessential experimental population 
after the first breeding season following the first year of releases of 
black-footed ferret in the Reintroduction Area. A black-footed ferret 
occurring outside the experimental population area in South Dakota is 
considered as endangered but may be captured for genetic testing. We 
will dispose of the captured animal in one of the following ways if 
necessary:
    (A) We may return an animal genetically related to the experimental 
population to the Reintroduction Area or to a captive facility.
    (B) Under an existing contingency plan, we will use up to nine 
black-footed ferrets genetically unrelated to the experimental 
population in the captive-breeding program. If a landowner outside the 
experimental population area wishes to retain black-footed ferrets on 
his property, we will develop a conservation agreement or easement with 
the landowner.
    (iii) We consider the Northcentral Montana Reintroduction Area shown 
on the attached map for Montana to be the core recovery area for this 
species in northcentral Montana. The boundaries of the nonessential 
experimental population are those parts of Phillips and Blaine Counties, 
Montana, described as the area bounded on the north beginning at the 
northwest corner of the Fort Belknap Indian Reservation on the Milk 
River; east following the Milk River to the east Phillips County line; 
then south along said line to the Missouri River; then west along the 
Missouri River to the west

[[Page 227]]

boundary of Phillips County; then north along said county line to the 
west boundary of Fort Belknap Indian Reservation; then further north 
along said boundary to the point of origin at the Milk River. All marked 
ferrets found in the wild within these boundaries prior to the first 
breeding season following the first year of releases constituted the 
nonessential experimental population during this period. All ferrets 
found in the wild within these boundaries during and after the first 
breeding season following the first year of releases comprise the 
nonessential experimental population thereafter. A black-footed ferret 
occurring outside the experimental area in Montana is initially 
considered as endangered but may be captured for genetic testing. We 
will dispose of the captured animal in one of the following ways if 
necessary:
    (A) We may return an animal genetically related to the experimental 
population to the reintroduction area or to a captive facility.
    (B) Under an existing contingency plan, we will use up to nine 
black-footed ferrets genetically unrelated to the experimental 
population in the captive-breeding program. If a landowner outside the 
experimental population area wishes to retain black-footed ferrets on 
his property, we will develop a conservation agreement or easement with 
the landowner.
    (iv) We consider the Aubrey Valley Experimental Population Area 
shown on the attached map for Arizona to be the core recovery area for 
this species in northwestern Arizona. The boundary of the nonessential 
experimental population area is those parts of Coconino, Mohave, and 
Yavapai Counties that include the Aubrey Valley west of the Aubrey 
Cliffs, starting from Chino Point, north along the crest of the Aubrey 
cliffs to the Supai Road (State Route 18), southwest along the Supai 
Road to Township 26 North, then west to Range 11 West, then south to the 
Hualapai Indian Reservation boundary, then east and northeast along the 
Hualapai Indian Reservation boundary to U.S. Highway Route 66; then 
southeast along Route 66 for approximately 6 km (2.3 miles) to a point 
intercepting the east boundary of section 27, Township 25 North, Range 9 
West; then south along a line to where the Atchison-Topeka Railroad 
enters Yampa Divide Canyon; then southeast along the Atchison-Topeka 
Railroad alignment to the intersection of the Range 9 West/Range 8 West 
boundary; then south to the SE corner of section 12, Township 24 North, 
Range 9 West; then southeast to SE corner section 20, Township 24 West, 
Range 8 West; then south to the SE corner section 29, Township 24 North, 
Range 8 West; then southeast to the half section point on the east 
boundary line of section 33, Township 24 North, Range 8 West; then 
northeast to the SE corner of section 27, Township 24 North, Range 8 
West; then southeast to the SE corner Section 35, Township 24 North, 
Range 8 West; then southeast to the half section point on the east 
boundary line of section 12, Township 23 North, Range 8 West; then 
southeast to the SE corner of section 8, Township 23 North, Range 7 
West; then southeast to the SE corner of section 16, Township 23 North, 
Range 7 West; then east to the half section point of the north boundary 
line of section 14, Township 23 North, Range 7 West; then south to the 
half section point on the north boundary line of section 26, Township 23 
North, Range 7 West; then east along section line to route 66; then 
southeast along route 66 to the point of origin at Chino Point. Any 
black-footed ferrets found in the wild within these boundaries is part 
of the nonessential experimental population after the first breeding 
season following the first year of releases of ferrets into the 
reintroduction area. A black-footed ferret occurring outside the 
experimental area in Arizona is initially considered as endangered but 
may be captured for genetic testing. We will dispose of the captured 
animal in one of the following ways if necessary:
    (A) We may return an animal genetically related to the experimental 
population to the reintroduction area or to a captive facility. If a 
landowner outside the experimental population area wishes to retain 
black-footed ferrets on his property, we will develop a conservation 
agreement or easement with the landowner.

[[Page 228]]

    (B) Under an existing contingency plan, we will use up to nine 
black-footed ferrets genetically unrelated to the experimental 
population in the captive-breeding program. If a landowner outside the 
experimental population area wishes to retain black-footed ferrets on 
his property, we will develop a conservation agreement or easement with 
the landowner.
    (v) We consider the Little Snake Black-footed Ferret Management Area 
in Colorado and the Coyote Basin Black-footed Ferret Primary Management 
Zone in Utah as the initial recovery sites for this species within the 
Northwestern Colorado/Northeastern Utah Experimental Population Area 
(see Colorado/Utah map). The boundaries of the nonessential Experimental 
Population Area will be all of Moffat and Rio Blanco Counties in 
Colorado west of Colorado State Highway 13; all of Uintah and Duchesne 
Counties in Utah; and in Sweetwater County, Wyoming, the line between 
Range 96 and 97 West (eastern edge), Range 102 and 103 West (western 
edge), and Township 14 and 15 North (northern edge). All marked ferrets 
found in the wild within these boundaries prior to the first breeding 
season following the first year of release will constitute the 
nonessential experimental population during this period. All ferrets 
found in the wild within these boundaries during and after the first 
breeding season following the first year of releases of ferrets into the 
reintroduction area will comprise the nonessential experimental 
population thereafter. A black-footed ferret occurring outside the 
Experimental Population Area is initially considered as endangered but 
may be captured for genetic testing. We will dispose of the captured 
animal in one of the following ways if necessary:
    (A) We may return an animal genetically related to the experimental 
population to the Reintroduction Area or to a captive facility.
    (B) Under an existing contingency plan, we will use up to nine 
black-footed ferrets genetically unrelated to the experimental 
population in the captive-breeding program. If a landowner outside the 
experimental population area wishes to retain black-footed ferrets on 
his property, we will develop a conservation agreement or easement with 
the landowner.
    (10) Monitoring the reintroduced populations will occur continually 
during the life of the project, including the use of radio telemetry and 
other remote sensing devices, as appropriate. Vaccination of all 
released animals will occur prior to release, as appropriate, to prevent 
diseases prevalent in mustelids. Any animal that is sick, injured, or 
otherwise in need of special care may be captured by authorized 
personnel of the Service or appropriate State wildlife agency or their 
agents and given appropriate care. Such an animal may be released back 
to its appropriate reintroduction area or another authorized site as 
soon as possible, unless physical or behavioral problems make it 
necessary to return the animal to captivity.
    (11) We will reevaluate the status of the experimental population 
within the first five years after the first year of release of black-
footed ferrets to determine future management needs. This review will 
take into account the reproductive success and movement patterns of the 
individuals released into the area, as well as the overall health of the 
experimental population and the prairie dog ecosystem in the above 
described areas. We will propose reclassification of the black-footed 
ferret when we meet the appropriate recovery objectives for the species.
    (12) We will not include a reevaluation of the ``nonessential 
experimental'' designation for these populations during our review of 
the initial five year reintroduction program. We do not foresee any 
likely situation justifying alteration of the nonessential experimental 
status of these populations. Should any such alteration prove necessary 
and it results in a substantial modification to black-footed ferret 
management on non-Federal lands, any private landowner who consented to 
the introduction of black-footed ferrets on their lands may rescind 
their consent, and at their request, we will relocate the ferrets 
pursuant to paragraph (g)(4)(iii) of this section.

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[GRAPHIC] [TIFF OMITTED] TC01JN91.004


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[GRAPHIC] [TIFF OMITTED] TC01JN91.005


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[GRAPHIC] [TIFF OMITTED] TC01JN91.006


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[GRAPHIC] [TIFF OMITTED] TR01OC98.095

    (h) Whooping crane (Grus americana). (1) The whooping crane 
populations identified in paragraphs (h)(8)(i) and (h)(8)(ii) of this 
section are nonessential experimental populations.
    (2) No person may take this species in the wild in the experimental 
population area except when such take is accidental, unavoidable, and 
not the purpose of the carrying out of an otherwise lawful activity, or 
as provided in paragraphs (h) (3) and (4) of this section.

[[Page 234]]

    (3) Any person with a valid permit issued by the Fish and Wildlife 
Service (Service) under Sec. 17.32 may take whooping cranes in the wild 
in the experimental population area for educational purposes, scientific 
purposes, the enhancement of propagation or survival of the species, and 
other conservation purposes consistent with the Act and in accordance 
with applicable State fish and wildlife conservation laws and 
regulations.
    (4) Any employee or agent of the Service or State wildlife agency 
who is designated for such purposes, when acting in the course of 
official duties, may take a whooping crane in the wild in the 
experimental population area if such action is necessary to:
    (i) Relocate a whooping crane to avoid conflict with human 
activities;
    (ii) Relocate a whooping crane that has moved outside the Kissimmee 
Prairie or the Rocky Mountain range of the experimental population when 
removal is necessary or requested;
    (iii) Relocate whooping cranes within the experimental population 
area to improve survival and recovery prospects;
    (iv) Relocate whooping cranes from the experimental population area 
into captivity;
    (v) Aid a sick, injured, or orphaned specimen; or
    (vi) Dispose of a dead specimen, or salvage a dead specimen which 
may be useful for scientific study.
    (5) Any taking pursuant to paragraphs (h) (3) and (4) of this 
section must be immediately reported to the National Whooping Crane 
Coordinator, U.S. Fish and Wildlife Service, P.O. Box 1306, Albuquerque, 
New Mexico 87103 (Phone: 505/766-2904), who, in conjunction with his 
counterpart in the Canadian Wildlife Service, will determine the 
disposition of any live or dead specimens.
    (6) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any such species from the 
experimental population taken in violation of these regulations or in 
violation of applicable State fish and wildlife laws or regulations or 
the Endangered Species Act.
    (7) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed, any offense defined in 
paragraphs (h) (2) through (6) of this section.
    (8) Geographic areas that nonessential experimental populations 
inhabit include the following--
    (i) The entire State of Florida. The reintroduction site will be the 
Kissimmee Prairie portions of Polk, Osceola, Highlands, and Okeechobee 
counties. Current information indicates that the Kissimmee Prairie is 
within the historic range of the whooping crane in Florida. There are no 
other extant populations of whooping cranes that could come into contact 
with the experimental population. The only two extant populations occur 
well west of the Mississippi River. The Aransas/Wood Buffalo National 
Park population nests in the Northwest Territories and adjacent areas of 
Alberta, Canada, primarily within the boundaries of the Wood Buffalo 
National Park, and winters along the Central Texas Gulf of Mexico coast 
at Aransas National Wildlife Refuge. Whooping cranes adhere to ancestral 
breeding grounds leaving little possibility that individuals from the 
extant population will stray into Florida or the Rocky Mountain 
Population. Studies of whooping cranes have shown that migration is a 
learned rather than an innate behavior. The experimental population 
released at Kissimmee Prairie is expected to remain within the prairie 
region of central Florida; and
    (ii) The States of Colorado, Idaho, New Mexico, Utah and the western 
half of Wyoming. Birds in this area do not come in contact with whooping 
cranes of the Aransas/Wood Buffalo Population.
    (9) The reintroduced population will be closely monitored during the 
duration of the projects by the use of radio telemetry. Any animal which 
is determined to be sick, injured, or otherwise in need of special care 
would be immediately recaptured by Service or State wildlife personnel 
or their designated agent and given appropriate care. Such animals will 
be released back to the wild as soon as possible, unless physical or 
behavioral problems make it necessary to return them to a captive 
breeding facility.

[[Page 235]]

    (10) The status of the experimental population will be reevaluated 
periodically to determine future management needs. This review will take 
into account the reproductive success and movement patterns of the 
individuals released on the area.
    (i) Gray wolf (Canis lupus). (1) The gray wolves (wolf) identified 
in paragraph (i)(7) of this section are nonessential experimental. These 
wolves will be managed in accordance with the respective provisions of 
this section.
    (2) The Service finds that reintroduction of nonessential 
experimental gray wolves, as defined in (i)(7) of this section, will 
further the conservation of the species.
    (3) No person may take this species in the wild in an experimental 
population area except as provided in paragraphs (i)(3), (7), and (8) of 
this section.
    (i) Landowners on their private land and livestock producers (i.e., 
producers of cattle, sheep, horses, and mules or as defined in State and 
tribal wolf management plans as approved by the Service) that are 
legally using public land (Federal land and any other public lands 
designated in State and tribal wolf management plans as approved by the 
Service) may harass any wolf in an opportunistic (the wolf cannot be 
purposely attracted, tracked, waited for, or searched out, then 
harassed) and noninjurious (no temporary or permanent physical damage 
may result) manner at any time, Provided that such harassment is non-
lethal or is not physically injurious to the gray wolf and is reported 
within 7 days to the Service project leader for wolf reintroduction or 
agency representative designated by the Service.
    (ii) Any livestock producers on their private land may take 
(including to kill or injure) a wolf in the act of killing, wounding, or 
biting livestock (cattle, sheep, horses, and mules or as defined in 
State and tribal wolf management plans as approved by the Service), 
Provided that such incidents are to be immediately reported within 24 
hours to the Service project leader for wolf reintroduction or agency 
representative designated by the Service, and livestock freshly (less 
than 24 hours) wounded (torn flesh and bleeding) or killed by wolves 
must be evident. Service or other Service authorized agencies will 
confirm if livestock were wounded or killed by wolves. The taking of any 
wolf without such evidence may be referred to the appropriate 
authorities for prosecution.
    (iii) Any livestock producer or permittee with livestock grazing 
allotments on public land may receive a written permit, valid for up to 
45 days, from the Service or other agencies designated by the Service, 
to take (including to kill or injure) a wolf that is in the act of 
killing, wounding, or biting livestock (cattle, sheep, horses, and mules 
or as defined in State and tribal wolf management plans as approved by 
the Service), Provided that six or more breeding pairs of wolves have 
been documented in the experimental population area and the Service or 
other agencies authorized by the Service has confirmed that the 
livestock losses were caused by wolves and have completed agency efforts 
to resolve the problem. Such take must be reported immediately within 24 
hours to the Service project leader for wolf reintroduction or agency 
representative designated by the Service. There must be evidence of 
freshly wounded or killed livestock by wolves. Service or other Service 
authorized agencies will investigate and determine if the livestock were 
wounded or killed by wolves. The taking of any wolf without such 
evidence may be referred to the appropriate authorities for prosecution.
    (iv) Potentially affected States and tribes may capture and 
translocate wolves to other areas within an experimental population area 
as described in paragraph (i)(7), Provided the level of wolf predation 
is negatively impacting localized ungulate populations at an 
unacceptable level. Such translocations cannot inhibit wolf population 
recovery. The States and tribes will define such unacceptable impacts, 
how they would be measured, and identify other possible mitigation in 
their State or tribal wolf management plans. These plans must be 
approved by the Service before such movement of wolves may be conducted.
    (v) The Service, or agencies authorized by the Service, may promptly 
remove (place in captivity or kill) any wolf the Service or agency 
authorized

[[Page 236]]

by the Service determines to present a threat to human life or safety.
    (vi) Any person may harass or take (kill or injure) a wolf in self 
defense or in defense of others, Provided that such take is reported 
immediately (within 24 hours) to the Service reintroduction project 
leader or Service designated agent. The taking of a wolf without an 
immediate and direct threat to human life may be referred to the 
appropriate authorities for prosecution.
    (vii) The Service or agencies designated by the Service may take 
wolves that are determined to be ``problem'' wolves. Problem wolves are 
defined as wolves that in a calendar year attack livestock (cattle, 
sheep, horses, and mules) or as defined by State and tribal wolf 
management plans approved by the Service or wolves that twice in a 
calendar year attack domestic animals (all domestic animals other than 
livestock). Authorized take includes, but is not limited to non-lethal 
measures such as: aversive conditioning, nonlethal control, and/or 
translocating wolves. Such taking may be done when five or fewer 
breeding pairs are established in a experimental population area. If the 
take results in a wolf mortality, then evidence that the mortality was 
nondeliberate, accidental, nonnegligent, and unavoidable must be 
provided. When six or more breeding pairs are established in the 
experimental population area, lethal control of problem wolves or 
permanent placement in captivity will be authorized but only after other 
methods to resolve livestock depredations have been exhausted. 
Depredations occurring on Federal lands or other public lands identified 
in State or tribal wolf management plans and prior to six breeding pairs 
becoming established in an experimental population area may result in 
capture and release of the female wolf with pups, and her pups at or 
near the site of capture prior to October 1. All wolves on private land, 
including female wolves with pups, may be relocated or moved to other 
areas within the experimental population area if continued depredation 
occurs. Wolves attacking domestic animals other than livestock, 
including pets on private land, two or more times in a calendar year 
will be relocated. All chronic problem wolves (wolves that depredate on 
domestic animals after being moved once for previous domestic animal 
depredations) will be removed from the wild (killed or placed in 
captivity). The following three criteria will be used in determining the 
status of problem wolves within the nonessential experimental population 
area:
    (A) There must be evidence of wounded livestock or partial remains 
of a livestock carcass that clearly shows that the injury or death was 
caused by wolves. Such evidence is essential since wolves may feed on 
carrion which they found and did not kill. There must be reason to 
believe that additional livestock losses would occur if no control 
action is taken.
    (B) There must be no evidence of artificial or intentional feeding 
of wolves. Improperly disposed of livestock carcasses in the area of 
depredation will be considered attractants. Livestock carrion or 
carcasses on public land, not being used as bait under an agency 
authorized control action, must be removed or otherwise disposed so that 
it will not attract wolves.
    (C) On public lands, animal husbandry practices previously 
identified in existing approved allotment plans and annual operating 
plans for allotments must have been followed.
    (viii) Any person may take a gray wolf found in an area defined in 
paragraph (i)(7), Provided that the take is incidental to an otherwise 
lawful activity, accidental, unavoidable, unintentional, not resulting 
from negligent conduct lacking reasonable due care, and due care was 
exercised to avoid taking a gray wolf. Such taking is to be reported 
within 24 hours to a Service or Service-designated authority. Take that 
does not conform with such provisions may be referred to the appropriate 
authorities for prosecution.
    (ix) Service or other Federal, State, or tribal personnel may 
receive written authorization from the Service to take animals under 
special circumstances. Wolves may be live captured and translocated to 
resolve demonstrated conflicts with ungulate populations or with other 
species listed under the Act, or when they are found outside of the 
designated experimental population

[[Page 237]]

area. Take procedures in such instances would involve live capture and 
release to a remote area or placement in a captive facility, if the 
animal is clearly unfit to remain in the wild. Killing of wolves will be 
a last resort and is only authorized when live capture attempts have 
failed or there is clear endangerment to human life.
    (x) Any person with a valid permit issued by the Service under 
Sec. 17.32 may take wolves in the wild in the experimental population 
area, pursuant to terms of the permit.
    (xi) Any employee or agent of the Service or appropriate Federal, 
State, or tribal agency, who is designated in writing for such purposes 
by the Service, when acting in the course of official duties, may take a 
wolf from the wild within the experimental population area, if such 
action is for:
    (A) Scientific purposes;
    (B) To relocate wolves to avoid conflict with human activities;
    (C) To relocate wolves within the experimental population areas to 
improve wolf survival and recovery prospects;
    (D) To relocate wolves that have moved outside the experimental 
population area back into the experimental population area;
    (E) To aid or euthanize sick, injured, or orphaned wolves;
    (F) To salvage a dead specimen which may be used for scientific 
study; or
    (G) To aid in law enforcement investigations involving wolves.
    (xii) Any taking pursuant to this section must be reported 
immediately (within 24 hours) to the appropriate Service or Service-
designated agency, which will determine the disposition of any live or 
dead specimens.
    (4) Human access to areas with facilities where wolves are confined 
may be restricted at the discretion of Federal, State, and tribal land 
management agencies. When five or fewer breeding pairs are in an 
experimental population area, land-use restrictions may also be employed 
on an as-needed basis, at the discretion of Federal land management and 
natural resources agencies to control intrusive human disturbance around 
active wolf den sites. Such temporary restrictions on human access, when 
five or fewer breeding pairs are established in an experimental 
population area, may be required between April 1 and June 30, within 1 
mile of active wolf den or rendezvous sites and would only apply to 
public lands or other such lands designated in State and tribal wolf 
management plans. When six or more breeding pairs are established in an 
experimental population area, no land-use restrictions may be employed 
outside of national parks or national wildlife refuges, unless wolf 
populations fail to maintain positive growth rates toward population 
recovery levels for 2 consecutive years. If such a situation arose, 
State and tribal agencies would identify, recommend, and implement 
corrective management actions within 1 year, possibly including 
appropriate land-use restrictions to promote growth of the wolf 
population.
    (5) No person shall possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any wolf or part thereof from 
the experimental populations taken in violation of the regulations in 
paragraph (i) of this section or in violation of applicable State or 
tribal fish and wildlife laws or regulations or the Endangered Species 
Act.
    (6) It is unlawful for any person to attempt to commit, solicit 
another to commit, or cause to be committed any offense defined in this 
section.
    (7) The site for reintroduction is within the historic range of the 
species:
    (i) The central Idaho area is shown on the following map. The 
boundaries of the nonessential experimental population area will be 
those portions of Idaho that are south of Interstate Highway 90 and west 
of Interstate 15, and those portions of Montana south of Interstate 90, 
Highway 93 and 12 from Missoula, Montana west of Interstate 15.

[[Page 238]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.007

    (ii) The Yellowstone Management Area is shown on the following map. 
The boundaries of the nonessential experimental population area will be 
that portion of Idaho that is east of Interstate Highway 15; that 
portion of Montana that is east of Interstate Highway 15 and south of 
the Missouri River from Great Falls, Montana, to the eastern Montana 
border; and all of Wyoming.
[GRAPHIC] [TIFF OMITTED] TC01JN91.008

    (iii) All wolves found in the wild within the boundaries of this 
paragraph (i)(7) after the first releases will be considered 
nonessential experimental animals. In the conterminous United States, a 
wolf that is outside an experimental area (as defined in paragraph 
(i)(7) of this section) would be considered as endangered (or threatened 
if in Minnesota) unless it is marked or otherwise known to be an 
experimental animal; such a wolf may be captured for examination and 
genetic testing by the Service or Service-designated agency. Disposition 
of the captured animal may take any of the following courses:
    (A) If the animal was not involved in conflicts with humans and is 
determined likely to be an experimental wolf, it will be returned to the 
reintroduction area.
    (B) If the animal is determined likely to be an experimental wolf 
and was involved in conflicts with humans as identified in the 
management plan for the closest experimental area, it may be relocated, 
placed in captivity, or killed.
    (C) If the animal is determined not likely to be an experimental 
animal, it will be managed according to any Service approved plans for 
that area or will be marked and released near its point of capture.
    (D) If the animal is determined not to be a wild gray wolf or if the 
Service or agencies designated by the Service determine the animal shows 
physical or behavioral evidence of hybridization with other canids, such 
as domestic dogs or coyotes, or of being an animal raised in captivity, 
it will be returned to captivity or killed.
    (8) The reintroduced wolves will be monitored during the life of the 
project, including by the use of radio telemetry and other remote 
sensing devices as appropriate. All released animals will be vaccinated 
against diseases and parasites prevalent in canids, as appropriate, 
prior to release and during subsequent handling. Any animal that is 
sick, injured, or otherwise in need of special care may be captured by 
authorized personnel of the Service or Service-designated agencies and 
given appropriate care. Such an animal will be released back into its 
respective reintroduction area as soon as possible, unless physical or 
behavioral problems make it necessary to return the animal to captivity 
or euthanize it.
    (9) The status of the experimental population will be reevaluated 
within

[[Page 239]]

the first 3 years, after the first year of releases of wolves, to 
determine future management needs and if further reintroductions are 
required. This review will take into account the reproductive success 
and movement patterns of the individuals released in the area, as well 
as the overall health and fate of the experimental wolves. Once recovery 
goals are met for downlisting or delisting the species, a rule will be 
proposed to address downlisting or delisting.
    (10) The Service does not intend to reevaluate the ``nonessential 
experimental'' designation. The Service does not foresee any likely 
situation which would result in changing the nonessential experimental 
status until the gray wolf is recovered and delisted in the northern 
Rocky Mountains according to provisions outlined in the Act. However, if 
the wolf population does not demonstrate positive growth toward recovery 
goals for 2 consecutive years, the affected States and tribes, in 
cooperation with the Service, would, within 1 year, identify and 
initiate wolf management strategies, including appropriate public review 
and comment, to ensure continued wolf population growth toward recovery 
levels. All reintroduced wolves designated as nonessential experimental 
will be removed from the wild and the experimental population status and 
regulations revoked when (i) legal actions or lawsuits change the wolves 
status to endangered under the Act or (ii) within 90 days of the initial 
release date, naturally occurring wolves, consisting of two breeding 
pairs that for 2 consecutive years have each successfully raised two 
offspring, are discovered in the experimental population area. The 
naturally occurring wolves would be managed and protected as endangered 
species under the Act.
    (j) California condor (Gymnogyps californianus). (1) The California 
condor (Gymnogyps californianus) population identified in paragraph 
(j)(8) of this section is a nonessential experimental population, and 
the release of such population will further the conservation of the 
species.
    (2) You must not take any California condor in the wild in the 
experimental population area except as provided by this rule:
    (i) Throughout the entire California condor experimental population 
area, you will not be in violation of the Endangered Species Act (Act) 
if you unavoidably and unintentionally take (including killing or 
injuring) a California condor, provided such take is non-negligent and 
incidental to a lawful activity, such as hunting, driving, or 
recreational activities, and you report the take as soon as possible as 
provided under paragraph 5 below.
    (ii) [Reserved]
    (3) If you have a valid permit issued by the Service under 
Sec. 17.32, you may take California condors in the wild in the 
experimental population area, pursuant to the terms of the permit.
    (4) Any employee or agent of the Fish and Wildlife Service 
(Service), Bureau of Land Management or appropriate State wildlife 
agency, who is designated for such purposes, when acting in the course 
of official duties, may take a California condor from the wild in the 
experimental population area and vicinity if such action is necessary:
    (i) For scientific purposes;
    (ii) To relocate California condors within the experimental 
population area to improve condor survival, and to address conflicts 
with ongoing or proposed activities, or with private landowners, when 
removal is necessary to protect the condor, or is requested by an 
adversely affected landowner or land manager, or other adversely 
affected party. Adverse effects and requests for condor relocation will 
be documented, reported and resolved in as an expedient manner as 
appropriate to the specific situation to protect condors and avoid 
conflicts. Prior to any efforts to relocate condors, the Service will 
obtain permission from the appropriate landowner(s);
    (iii) To relocate California condors that have moved outside the 
experimental population area, by returning the condor to the 
experimental population area or moving it to a captive breeding 
facility. All captures and relocations from outside the experimental 
population area will be coordinated with Service Cooperators, and 
conducted with the permission of the landowner(s) or appropriate land 
management agency(s).

[[Page 240]]

    (iv) To aid a sick, injured, or orphaned California condor;
    (v) To salvage a dead specimen that may be useful for scientific 
study; or
    (vi) To dispose of a dead specimen.
    (5) Any taking pursuant to paragraphs (j)(2), (j)(4)(iv), (j)(4)(v), 
and (j)(4)(vi), of this section must be reported as soon as possible to 
the Field Supervisor, U.S. Fish and Wildlife Service, Ecological 
Services, Arizona Field Office, Phoenix, 2321 W. Royal Palm Road, Suite 
103, Arizona (telephone 602/640-2720) who will determine the disposition 
of any live or dead specimens.
    (6) You must not possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any California condor or part 
thereof from the experimental population taken in violation of this 
paragraph (j) or in violation of applicable State or Tribal laws or 
regulations or the Act.
    (7) It is unlawful for you to attempt to commit, solicit another to 
commit, or cause to be committed, any offense defined in paragraphs 
(j)(2) and (j)(6) of this section.
    (8) The designated experimental population area of the California 
condor includes portions of three states--Arizona, Nevada, and Utah. The 
southern boundary is Interstate Highway 40 in Arizona from its junction 
with Highway 191 west across Arizona to Kingman; the western boundary 
starts at Kingman, goes northwest on Highway 93 to Interstate Highway 
15, continues northeasterly on Interstate Highway 15 in Nevada and Utah, 
to Interstate Highway 70 in Utah; where the northern boundary starts and 
goes across Utah to Highway 191; where the eastern boundary starts and 
goes south through Utah until Highway 191 meets Interstate Highway 40 in 
Arizona (See map at end of this paragraph (j)).
    (i) All California condors released into the experimental population 
area, and their offspring, are to be marked and visually identifiable by 
colored and coded patagial wing markers.
    (ii) The Service has designated the experimental population area to 
accommodate the potential future movements of a wild population of 
condors. All released condors and their progeny are expected to remain 
in the experimental area due to the geographic extent of the 
designation.
    (9) The nonessential experimental population area includes the 
entire highway rights-of-way of the highways in paragraph (j)(8) of this 
section that constitute the perimeter boundary. All California condors 
found in the wild within these boundaries will comprise the experimental 
population.
    (i) The experimental population is to be monitored during the 
reintroduction project. All California condors are to be given physical 
examinations before being released.
    (ii) If there is any evidence that the condor is in poor health or 
diseased, it will not be released to the wild.
    (iii) Any condor that displays signs of illness, is injured, or 
otherwise needs special care may be captured by authorized personnel of 
the Service, Bureau of Land Management, or appropriate State wildlife 
agency or their agents, and given the appropriate care. These condors 
are to be re-released into the reintroduction area as soon as possible, 
unless physical or behavioral problems make it necessary to keep them in 
captivity for an extended period of time, or permanently.
    (10) The status of the reintroduction project is to receive an 
informal review on an annual basis and a formal evaluation within the 
first 5 years after the initial release, and every 5 years thereafter. 
This evaluation will include, but not be limited to: a review of 
management issues; compliance with agreements; assessment of available 
carrion; dependence of older condors on supplemental food sources; post 
release behavior; causes and rates of mortality; alternative release 
sites; project costs; public acceptance; and accomplishment of recovery 
tasks prescribed in California Condor Recovery Plan. The number of 
variables that could affect this reintroduction project make it 
difficult to develop criteria for success or failure after 5 years. 
However, if after 5 years the project is experiencing a 40 percent or 
greater mortality rate or released condors are not finding food on their 
own, serious consideration will be given to terminating the project.
    (11) The Service does not intend to pursue a change in the 
nonessential experimental population designation to

[[Page 241]]

experimental essential, threatened, or endangered, or modify the 
experimental population area boundaries without consulting with and 
obtaining the full cooperation of affected parties located within the 
experimental population area, the reintroduction program cooperators 
identified in the memorandum of understanding (MOU) for this program, 
and the cooperators identified in the agreement for this program.
    (i) The Service does not intend to change the status of this 
nonessential population until the California condor is recovered and 
delisted in accordance with the Act or if the reintroduction is not 
successful and the rule is revoked. No designation of critical habitat 
will be made for nonessential populations (16 U.S.C. 
Sec. 1539(j)(2)(C)(ii).
    (ii) Legal actions or other circumstances may compel a change in 
this nonessential experimental population's legal status to essential, 
threatened, or endangered, or compel the Service to designate critical 
habitat for the California condors within the experimental population 
area defined in this rule. If this happens, all California condors will 
be removed from the area and this experimental population rule will be 
revoked, unless the parties to the MOU and agreement existing at that 
time agree that the birds should remain in the wild. Changes in the 
legal status and/or removal of this population of California condors 
will be made in compliance with any applicable Federal rulemaking and 
other procedures.

[[Page 242]]

[GRAPHIC] [TIFF OMITTED] TR16OC96.000

    (k) Mexican gray wolf (Canis lupus baileyi). (1) The Mexican gray 
wolf (Mexican wolf) populations reestablished in the Blue Range Wolf 
Recovery Area and in the White Sands Wolf Recovery Area, if used, within 
the Mexican Wolf Experimental Population Area, identified in paragraph 
(k)(9) of

[[Page 243]]

this section, are one nonessential experimental population. This 
nonessential experimental population will be managed according to the 
following provisions.
    (2) Based on the best available information, the Service finds that 
reintroduction of an experimental population of Mexican wolves into the 
subspecies' probable historic range will further the conservation of the 
Mexican wolf subspecies and of the gray wolf species; that the 
experimental population is not ``essential,'' under 50 CFR 17.81(c)(2); 
that the experimental population is wholly separate geographically from 
any other wild gray wolf population or individual wild gray wolves; that 
no wild Mexican wolves are known to exist in the experimental population 
area or anywhere else; and that future migration of wild Mexican wolves 
into the experimental population area is not possible.
    (3) No person, agency, or organization may ``take'' [see definition 
in paragraph (k)(15) of this section] any wolf in the wild within the 
Mexican Wolf Experimental Population Area, except as provided in this 
rule. The Service may investigate each take of a Mexican wolf and may 
refer the take of a wolf contrary to this rule to the appropriate 
authorities for prosecution.
    (i) Throughout the Mexican Wolf Experimental Population Area, you 
will not be in violation of the Act or this rule for ``unavoidable and 
unintentional take'' [see definition in paragraph (k)(15) of this 
section] of a wolf. Such take must be non-negligent and incidental to a 
legal activity, such as military training and testing, trapping, 
driving, or recreational activities. You must report the take within 24 
hours to the Service's Mexican Wolf Recovery Coordinator or to a 
designated representative of the Service.
    (ii) Throughout the Mexican Wolf Experimental Population Area, you 
may ``harass'' [see definition in paragraph (k)(15) of this section ] 
wolves that are within 500 yards of people, buildings, facilities, pets, 
``livestock'' [see definition in paragraph (k)(15) of this section], or 
other domestic animals in an opportunistic, noninjurious manner [see 
definition of ``opportunistic, noninjurious harassment'' in paragraph 
(k)(15) of this section] at any time--provided that wolves cannot be 
purposely attracted, tracked, searched out, or chased and then harassed. 
You must report harassment of wolves within 7 days to the Service's 
Mexican Wolf Recovery Coordinator or to a designated representative of 
the Service.
    (iii) Throughout the Mexican Wolf Experimental Population Area, 
excluding areas within the national park system and national wildlife 
refuge system, no Federal agency or their contractors will be in 
violation of the Act or this rule for unavoidable or unintentional take 
of a wolf resulting from any action authorized by that Federal agency or 
by the Service, including, but not limited to, military training and 
testing. This provision does not exempt agencies and their contractors 
from complying with sections 7(a)(1) and 7(a)(4) of the Act, the latter 
of which requires a conference with the Service if they propose an 
action that is likely to jeopardize the continued existence of the 
Mexican wolf.
    (iv) In areas within the national park system and national wildlife 
refuge system, Federal agencies must treat Mexican wolves as a 
threatened species for purposes of complying with section 7 of the Act.
    (v) On private land anywhere within the Mexican Wolf Experimental 
Population Area, livestock owners or their agents may take (including 
kill or injure) any wolf actually ``engaged in the act of killing, 
wounding, or biting livestock'' [see definition in paragraph (k)(15) of 
this section]; provided that evidence of livestock freshly wounded or 
killed by wolves is present; and further provided that the take is 
reported to the Service's Mexican Wolf Recovery Coordinator or a 
designated representative of the Service within 24 hours.
    (vi) On tribal reservation land anywhere within the Mexican Wolf 
Experimental Population Area, livestock owners or their agents may take 
(including kill or injure) any wolf actually engaged in the act of 
killing, wounding, or biting livestock; provided that evidence of 
livestock freshly wounded or killed by wolves is present; and further 
provided that the take is reported to the Service's Mexican Wolf

[[Page 244]]

Recovery Coordinator or a designated representative of the Service 
within 24 hours.
    (vii) On ``public lands'' [see definition in paragraph (k)(15) of 
this section] allotted for grazing anywhere within the Mexican Wolf 
Experimental Population Area, including within the designated ``wolf 
recovery areas'' [see definition in paragraph (k)(15) of this section], 
livestock owners or their agents may be issued a permit under the Act to 
take wolves actually engaged in the act of killing, wounding, or biting 
``livestock'' [see definition in paragraph (k)(15) of this section]. 
Before such a permit is issued, the following conditions must be met--
livestock must be legally present on the grazing allotment; six or more 
``breeding pairs'' [see definition in paragraph (k)(15) of this section] 
of Mexican wolves must be present in the Blue Range Wolf Recovery Area; 
previous loss or injury of livestock on the grazing allotment, caused by 
wolves, must be documented by the Service or our authorized agent; and 
agency efforts to resolve the problem must be completed. Permits issued 
under this provision will be valid for 45 days or less and will specify 
the maximum number of wolves you are allowed to take. If you take a wolf 
under this provision, evidence of livestock freshly wounded or killed by 
wolves must be present. You must report the take to the Service's 
Mexican Wolf Recovery Coordinator or a designated representative of the 
Service within 24 hours.
    (viii) Throughout the Mexican Wolf Experimental Population Area, 
take of Mexican wolves by livestock guarding dogs, when used in the 
traditional manner to protect livestock on public, tribal, and private 
lands, is permitted. If you become aware that such take by your guard 
dog has occurred, you must report the take to the Service's Mexican Wolf 
Recovery Coordinator or a designated representative of the Service 
within 24 hours.
    (ix) Personnel authorized by the Service may take any Mexican wolf 
in the nonessential experimental population in a manner consistent with 
a Service-approved management plan, special management measure, or a 
valid permit issued by the Service under Sec. 17.32. This may include, 
but is not limited to, capture and translocation of wolves that--prey on 
livestock; attack pets or domestic animals other than livestock on 
private or tribal land; ``impact game populations in ways which may 
inhibit further wolf recovery'' [see definition in paragraph (k)(15) of 
this section]; prey on members of the desert bighorn sheep herd found on 
the White Sands Missile Range and San Andres National Wildlife Refuge so 
long as the State of New Mexico lists it as a species to be protected; 
are considered ``problem wolves'' [see definition in paragraph (k)(15) 
of this section]; are a nuisance; endanger themselves by their presence 
in a military impact area; need aid or veterinary care; or are necessary 
for authorized scientific, research, or management purposes. Lethal 
methods of take may be used when reasonable attempts to capture wolves 
alive fail and when the Service determines that immediate removal of a 
particular wolf or wolves from the wild is necessary. Authorized 
personnel may use leg-hold traps and any other effective device or 
method for capturing or controlling wolves to carry out any measure that 
is a part of a Service-approved management plan, notwithstanding any 
conflicts in State or local law. The disposition of all wolves (live or 
dead) or their parts taken as part of a Service-authorized management 
activity must follow provisions in Service-approved management plans or 
interagency agreements or procedures approved by the Service on a case-
by-case basis.
    (x) As determined by the Service to be appropriate, the Service or 
any agent so authorized by the Service may capture, kill, subject to 
genetic testing, place in captivity, euthanize, or return to the wild 
(if found to be a pure Mexican wolf) any feral wolf-like animal, feral 
wolf hybrid, or feral dog found within the Mexican Wolf Experimental 
Population Area that shows physical or behavioral evidence of 
hybridization with other canids, such as domestic dogs or coyotes; being 
an animal raised in captivity, other than as part of a Service-approved 
wolf recovery program; or being socialized or habituated to humans.

[[Page 245]]

    (xi) The United States Department of Agriculture, Animal and Plant 
Health Inspection Service, Wildlife Services (WS) division will 
discontinue use of M-44's and choking-type snares in ``occupied Mexican 
wolf range'' [see definition in paragraph (k)(15) of this section]. The 
WS division may restrict or modify other predator control activities 
pursuant to a cooperative management agreement or a conference between 
the Service and the WS division.
    (xii) You may harass or take a Mexican wolf in self defense or 
defense of the lives of others, provided that you report the harassment 
or take within 24 hours to the Service's Mexican Wolf Recovery 
Coordinator or a designated representative of the Service. If the 
Service or an authorized agency determines that a wolf presents a threat 
to human life or safety, the Service or the authorized agency may kill 
it, capture and euthanize it, or place it in captivity.
    (xiii) Intentional taking of any wolf in the Mexican Wolf 
Experimental Population Area, except as described above, is prohibited. 
The Service encourages those authorized to take wolves to use nonlethal 
means when practicable and appropriate.
    (4) You must not possess, sell, deliver, carry, transport, ship, 
import, or export by any means whatsoever, any wolf or wolf part from 
the experimental population except as authorized in this rule or by a 
valid permit issued by the Service under Sec. 17.32. If you kill or 
injure a wolf or find a dead or injured wolf or wolf parts, you must not 
disturb them (unless instructed to do so by an authorized agent of the 
Service), you must minimize your disturbance of the area around them, 
and you must report the incident to the Service's Mexican Wolf Recovery 
Coordinator or a designated representative of the Service within 24 
hours.
    (5) You must not attempt to commit, solicit another to commit, or 
cause to be committed, any offense defined in this rule.
    (6) No land use restrictions will be imposed on private lands for 
Mexican wolf recovery without the concurrence of the landowner.
    (7) No land use restrictions will be imposed on tribal reservation 
lands for Mexican wolf recovery without the concurrence of the tribal 
government.
    (8) On public lands, the Service and cooperating agencies may 
temporarily restrict human access and ``disturbance-causing land use 
activities'' [see definition in paragraph (k)(15) of this section] 
within a 1-mile radius around release pens when wolves are in them, 
around active dens between March 1 and June 30, and around active wolf 
``rendezvous sites'' [see definition in paragraph 17.84(k)(15) of this 
section] between June 1 and September 30, as necessary.
    (9) The two designated wolf recovery areas and the experimental 
population area for Mexican wolves classified as a nonessential 
experimental population by this rule are described in the following 
subsections. Both designated wolf recovery areas are within the 
subspecies' probable historic range and are wholly separate 
geographically from the current range of any known Mexican wolves or 
other gray wolves..
    (i) The Blue Range Wolf Recovery Area includes all of the Apache 
National Forest and all of the Gila National Forest in east-central 
Arizona and west-central New Mexico (Figure 1). Initial releases of 
captive-raised Mexican wolves will take place, generally as described in 
our Preferred Alternative in the FEIS on Mexican wolf reintroduction, 
within the Blue Range Wolf Recovery Area ``primary recovery zone'' [see 
definition in paragraph (k)(15) of this section]. This is the area 
within the Apache National Forest bounded on the north by the Apache-
Greenlee County line; on the east by the Arizona-New Mexico state line; 
on the south by the San Francisco River (eastern half) and the southern 
boundary of the Apache National Forest (western half); and on the west 
by the Greenlee-Graham County line (San Carlos Apache Reservation 
boundary). The Service will allow the wolf population to expand into the 
Blue Range Wolf Recovery Area ``secondary recovery zone'' [see 
definition in paragraph (k)(15) of this section], which is the remainder 
of the Blue Range Wolf Recovery Area not in the primary recovery zone.

[[Page 246]]

[GRAPHIC] [TIFF OMITTED] TR12JA98.002

    (ii) The White Sands Wolf Recovery Area in south-central New Mexico 
includes all of the White Sands Missile Range; the White Sands National 
Monument; the San Andres National Wildlife Refuge; and the area adjacent 
and to the west of the Missile Range bounded on the south by the 
southerly

[[Page 247]]

boundary of the USDA Jornada Experimental Range and the northern 
boundary of the New Mexico State University Animal Science Ranch, on the 
west by the New Mexico Principal Meridian, on the north by the Pedro 
Armendaris Grant boundary and the Sierra-Socorro County line, and on the 
east by the western boundary of the Missile Range (Figure 2). This is 
the back-up reintroduction area, to be used only if later determined to 
be both necessary and feasible in accordance with the Preferred 
Alternative as set forth in the FEIS on Mexican wolf reintroduction. If 
this area is used, initial releases of captive-raised wolves would take 
place within the White Sands Wolf Recovery Area primary recovery zone. 
This is the area within the White Sands Missile Range bounded on the 
north by the road from the former Cain Ranch Head quarters to Range Road 
16, Range Road 16 to its intersection with Range Road 13, Range Road 13 
to its intersection with Range Road 7; on the east by Range Road 7; on 
the south by Highway 70; and on the west by the Missile Range boundary. 
The Service would allow the wolf population to expand into the White 
Sands Wolf Recovery Area secondary recovery zone, which is the remainder 
of the White Sands Wolf Recovery Area not in the primary recovery zone.

[[Page 248]]

[GRAPHIC] [TIFF OMITTED] TR12JA98.003

    (iii) The boundaries of the Mexican Wolf Experimental Population 
Area are the portion of Arizona lying north of Interstate Highway 10 and 
south of Interstate Highway 40; the portion of New Mexico lying north of 
Interstate Highway 10 in the west, north of the New Mexico-Texas 
boundary in the

[[Page 249]]

east, and south of Interstate Highway 40; and the portion of Texas lying 
north of United States Highway 62/180 and south of the Texas-New Mexico 
boundary (Figure 3). The Service is not proposing wolf reestablishment 
throughout this area, but only within the Blue Range Wolf Recovery Area, 
and possibly later in the White Sands Wolf Recovery Area, respectively 
described in paragraphs (k)(9) (i) and (ii) of this section. If a member 
of the nonessential experimental population is captured inside the 
Mexican Wolf Experimental Population Area, but outside the designated 
wolf recovery areas, it will be re-released within the recovery area, 
put into the captive population, or otherwise managed according to 
provisions of a Service-approved management plan or action. If a wolf is 
found in the United States outside the boundaries of the Mexican Wolf 
Experimental Population Area (and not within any other wolf experimental 
population area) the Service will presume it to be of wild origin with 
full endangered status (or threatened in Minnesota) under the Act, 
unless evidence, such as a radio collar, identification mark, or 
physical or behavioral traits (see paragraph (k)(3)(x) of this section), 
establishes otherwise. If such evidence exists, the Service or an 
authorized agency will attempt to promptly capture the wolf and re-
release it within the recovery area, put it into the captive population, 
or carry out any other management measure authorized by this rule or a 
Service-approved management plan. Such a wolf is otherwise not subject 
to this rule outside the designated Mexican Wolf Experimental Population 
Area.

[[Page 250]]

[GRAPHIC] [TIFF OMITTED] TR12JA98.004

    (10) If Mexican wolves of the experimental population occur on 
public lands outside the designated wolf recovery area(s), but within 
the Mexican Wolf Experimental Population Area, the Service or an 
authorized agency will attempt to capture any radio-collared lone wolf 
and any lone wolf or

[[Page 251]]

member of an established pack causing livestock ``depredations'' [see 
definition in paragraph (k)(15) of this section]. The agencies will not 
routinely capture and return pack members that make occasional forays 
onto public land outside the designated wolf recovery area(s) and 
uncollared lone wolves on public land. However, the Service will capture 
and return to a recovery area or to captivity packs from the 
nonessential experimental population that establish territories on 
public land wholly outside the designated wolf recovery area(s).
    (11) If any wolves move onto private land outside the designated 
recovery area(s), but within the Mexican Wolf Experimental Population 
Area, the Service or an authorized agency will develop management 
actions in cooperation with the landowner including capture and removal 
of the wolf or wolves if requested by the landowner.
    (12) If any wolves move onto tribal reservation land outside the 
designated recovery area(s), but within the Mexican Wolf Experimental 
Population Area, the Service or an authorized agency will develop 
management actions in cooperation with the tribal government including 
capture and removal of the wolf or wolves if requested by the tribal 
government.
    (13) The Service will evaluate Mexican wolf reintroduction progress 
and prepare periodic progress reports, detailed annual reports, and full 
evaluations after 3 and 5 years that recommend continuation, 
modification, or termination of the reintroduction effort.
    (14) The Service does not intend to change the ``nonessential 
experimental'' designation to ``essential experimental,'' 
``threatened,'' or ``endangered'' and foresees no likely situation which 
would result in such changes. Critical habitat cannot be designated 
under the nonessential experimental classification, 16 U.S.C. 
1539(j)(2)(C)(ii).
    (15) Definitions. Key terms used in this rule have the following 
definitions.
    Breeding pair means an adult male and an adult female wolf that have 
produced at least two pups during the previous breeding season that 
survived until December 31 of the year of their birth.
    Depredation means the confirmed killing or wounding of lawfully 
present domestic livestock by one or more wolves. The Service, WS, or 
other Service-authorized agencies will confirm cases of wolf depredation 
on domestic livestock.
    Disturbance-causing land use activity means any land use activity 
that the Service determines could adversely affect reproductive success, 
natural behavior, or survival of Mexican wolves. These activities may be 
temporarily restricted within a 1-mile radius of release pens, active 
dens, and rendezvous sites. Such activities may include, but are not 
limited to--timber or wood harvesting, management-ignited fire, mining 
or mine development, camping outside designated campgrounds, livestock 
drives, off-road vehicle use, hunting, and any other use or activity 
with the potential to disturb wolves. The following activities are 
specifically excluded from this definition--
    (1) Legally permitted livestock grazing and use of water sources by 
livestock;
    (2) Livestock drives if no reasonable alternative route or timing 
exists;
    (3) Vehicle access over established roads to private property and to 
areas on public land where legally permitted activities are ongoing if 
no reasonable alternative route exists;
    (4) Use of lands within the national park or national wildlife 
refuge systems as safety buffer zones for military activities;
    (5) Prescribed natural fire except in the vicinity of release pens; 
and
    (6) Any authorized, specific land use that was active and ongoing at 
the time wolves chose to locate a den or rendezvous site nearby.
    Engaged in the act of killing, wounding, or biting livestock means 
to be engaged in the pursuit and grasping, biting, attacking, wounding, 
or feeding upon livestock that are alive. If wolves are observed feeding 
on a livestock carcass, you cannot assume that wolves killed the 
livestock because livestock can die from many causes and wolves will 
feed on carrion.
    Harass means ``intentional or negligent act or omission which 
creates the likelihood of injury to the wildlife by annoying it to such 
an extent as to

[[Page 252]]

significantly disrupt normal behavioral patterns which include, but are 
not limited to, breeding, feeding, or sheltering'' (50 CFR 17.3). This 
experimental population rule permits only ``opportunistic, noninjurious 
harassment'' (see definition below).
    Impact on game populations in ways which may inhibit further wolf 
recovery. The Service encourages states and tribes to define 
unacceptable impacts from wolf predation on game populations in Service-
approved management plans. Until such time the term will mean the 
following--2 consecutive years with a cumulative 35 percent decrease in 
population or hunter harvest estimates for a particular species of 
ungulate in a game management unit or distinct herd segment compared to 
the pre-wolf 5-year average (unit or herd must contain average of 
greater than 100 animals). If wolf predation is shown to be a primary 
cause of ungulate population declines (greater than 50 percent of 
documented adult or young mortality), then wolves may be moved to reduce 
ungulate mortality rates and assist in herd recovery, but only in 
conjunction with application of other common, professionally acceptable, 
wildlife management techniques.
    Livestock means cattle, sheep, horses, mules, and burros or other 
domestic animals defined as livestock in State and Tribal wolf 
management plans approved by the Service.
    Occupied Mexican wolf range means an area of confirmed presence of 
resident breeding packs or pairs of wolves or area consistently used by 
at least one resident wolf over a period of at least one month. The 
Service must confirm or corroborate wolf presence. Exact delineation of 
the area will be described by:
    (1) 5-mile (8 km) radius around all locations of wolves and wolf 
sign confirmed as described above (nonradio-monitored);
    (2) 5-mile (8 km) radius around radio locations of resident wolves 
when fewer than 20 radio locations are available (for radio-monitored 
wolves only); or
    (3) 3-mile (4.8 km) radius around the convex polygon developed from 
more than 20 radio locations of a pack, pair, or single wolf acquired 
over a period of at least 6 months (for radio-monitored wolves).
    This definition applies only within the Mexican Wolf Experimental 
Population Area.
    Opportunistic, noninjurious harassment (see ``harass'') means as the 
wolf presents itself (for example, the wolf travels onto and is observed 
on private land or near livestock). This is the only type of harassment 
permitted by this rule. You cannot track, attract, search out, or chase 
a wolf and then harass it. Any harassment must not cause bodily injury 
or death to the wolf. The basic intent of harassment permitted by this 
rule is to scare wolves away from the immediate area. It is limited to 
approaching wolves and discharging firearms or other projectile 
launching devices in proximity to but not in the direction of wolves; 
throwing objects in the general direction of but not at wolves; or 
making any loud noise in proximity to wolves.
    Primary recovery zone means an area where the Service--
    (1) Will release captive-raised Mexican wolves,
    (2) May return and re-release previously released Mexican wolves,
    (3) May release translocated wild-born Mexican wolves, and
    (4) Will actively support recovery of the reintroduced population.
    Problem wolves means wolves that--
    (1) Have depredated lawfully present domestic livestock,
    (2) Are members of a group or pack (including adults, yearlings, and 
young-of-the-year) that were directly involved in livestock 
depredations,
    (3) Were fed by or are dependent upon adults involved with livestock 
depredations (because young animals will likely acquire the pack's 
livestock depredation habits),
    (4) Have depredated domestic animals other than livestock on private 
or tribal lands, two times in an area within one year, or
    (5) Are habituated to humans, human residences, or other facilities.
    Public land means land under administration of Federal agencies 
including, but not limited to the National Park Service, Bureau of Land 
Management,

[[Page 253]]

Fish and Wildlife Service, Forest Service, Department of Energy, and 
Department of Defense; and State-owned lands within the boundary of a 
designated wolf recovery area. All State-owned lands within the boundary 
of the experimental population area, but outside designated wolf 
recovery areas, will be subject to the provisions of this rule that 
apply to private lands.
    Rendezvous site means a gathering and activity area regularly used 
by a litter of young wolf pups after they have emerged from the den. 
Typically, the site is used for a period ranging from about one week to 
one month in the summer. Several sites may be used in succession.
    Secondary recovery zone means an area adjacent to a primary recovery 
zone in which the Service allows released wolves to disperse, where 
wolves captured in the wild for authorized management purposes may be 
translocated and released, and where managers will actively support 
recovery of the reintroduced population.
    Take means``to harass, harm, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect, or to attempt to engage in any such conduct'' (16 
U.S.C. 1532(19)). Also, see definitions of ``harass'', ``opportunistic, 
noninjurious harassment'', and ``unavoidable and unintentional take.''
    Unavoidable and unintentional take means accidental, unintentional 
take (see definition of ``Take'') which occurs despite reasonable care, 
is incidental to an otherwise lawful activity, and is not done on 
purpose. Examples would be striking a wolf with an automobile and 
catching a wolf in a trap outside of known occupied wolf range. Taking a 
wolf with a trap, snare, or other type of capture device within occupied 
wolf range (except as authorized in paragraph (k)(3)(ix) and (x) of this 
section) will not be considered unavoidable, accidental, or 
unintentional take, unless due care was exercised to avoid taking a 
wolf. Taking a wolf by shooting will not be considered unavoidable, 
accidental, or unintentional take. Shooters have the responsibility to 
be sure of their targets.
    Wolf recovery area means a designated area where managers will 
actively support reestablishment of Mexican wolf populations.

[49 FR 35954, Sept. 13, 1984, and 50 FR 30194, July 24, 1985, as amended 
at 51 FR 41797, Nov. 19, 1986; 52 FR 29780, Aug. 11, 1987; 53 FR 29337, 
Aug. 4, 1988; 53 FR 37580, Sept. 27, 1988; 54 FR 43969, Oct. 30, 1989; 
56 FR 41488, Aug. 21, 1991; 58 FR 5657, Jan. 22, 1993; 58 FR 52031, Oct. 
6, 1993; 59 FR 42711, 42714, Aug. 18, 1994; 59 FR 60279, Nov. 22, 1994; 
60 FR 18947, Apr. 13, 1995; 61 FR 11332, Mar. 20, 1996; 61 FR 54057, 
Oct. 16, 1996; 62 FR 38939, July 21, 1997; 63 FR 1763, Jan. 12, 1998; 63 
FR 52837, Oct. 1, 1998]



Sec. 17.85  Special rules--invertebrates. [Reserved]



Sec. 17.86  Special rules--plants. [Reserved]



                   Subpart I--Interagency Cooperation



Sec. 17.94  Critical habitats.

    (a) The areas listed in Sec. 17.95 (fish and wildlife) and 
Sec. 17.96 (plants) and referred to in the lists at Secs. 17.11 and 
17.12 have been determined by the Director to be Critical Habitat. All 
Federal agencies must insure that any action authorized, funded, or 
carried out by them is not likely to result in the destruction or 
adverse modification of the constituent elements essential to the 
conservation of the listed species within these defined Critical 
Habitats. (See part 402 for rules concerning this prohibition; see also 
part 424 for rules concerning the determination of Critical Habitat).
    (b) The map provided by the Director does not, unless otherwise 
indicated, constitute the definition of the boundaries of a Critical 
Habitat. Such maps are provided for reference purposes to guide Federal 
agencies and other interested parties in locating the general boundaries 
of the Critical Habitat. Critical Habitats are described by reference to 
surveyable landmarks found on standard topographic maps of the area and 
to the States and county(ies) within which all or part of the Critical 
Habitat is located. Unless otherwise indicated within the Critical 
Habitat description, the State and county(ies) names are provided for 
informational purposes only.
    (c) Critical Habitat management focuses only on the biological or 
physical

[[Page 254]]

constituent elements within the defined area of Critical Habitat that 
are essential to the conservation of the species. Those major 
constituent elements that are known to require special management 
considerations or protection will be listed with the description of the 
Critical Habitat.
    (d) The sequence of species within each list of Critical Habitats in 
Secs. 17.95 and 17.96 will follow the sequences in the lists of 
Endangered and Threatened wildlife (Sec. 17.11) and plants (Sec. 17.12). 
Multiple entries for each species will be alphabetic by State.

[45 FR 13021, Feb. 27, 1980]



Sec. 17.95  Critical habitat--fish and wildlife.

    (a) Mammals.

                      Indiana Bat (Myotis sodalis)

    Illinois. The Blackball Mine, La Salle County.
    Indiana. Big Wyandotte Cave, Crawford County; Ray's Cave, Greene 
County.
    Kentucky. Bat Cave, Carter County; Coach Cave, Edmonson County.
    Missouri. Cave 021, Crawford County; Cave 009, Franklin County; Cave 
017, Franklin County; Pilot Knob Mine, Iron County; Bat Cave, Shannon 
County; Cave 029, Washington County (numbers assigned by Division of 
Ecological Services, U.S. Fish and Wildlife Service, Region 6).
    Tennessee. White Oak Blowhole Cave, Blount county.
    West Virginia. Hellhole Cave, Pendleton County.
    Note: No map.

        Virginia Big-eared Bat (Plecotus townsendii virginianus)

    West Virginia. Cave Mountain Cave, Hellhole Cave, Hoffman School 
Cave, and Sinnit Cave, each in Pendleton County; Cave Hollow Cave, 
Tucker County.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.009
    
           Fresno Kangaroo Rat (Dipodomys nitratoides exilis)

    California. An area of land, water, and airspace in Fresno County, 
with the following components (Mt. Diablo Base Meridian): T14S R15E, 
E\1/2\ NW\1/4\ and NE\1/4\ Sec. 11, that part of W\1/2\ Sec. 12 north of 
the Southern Pacific Railroad, E\1/2\ Sec. 12; T14S R16E, that part of 
Sec. 7 south of the Southern Pacific Railroad.
    Within this area, the major constituent elements that are known to 
require special management considerations or protection are the hummocks 
and substrate that provide sites for burrow construction, and the

[[Page 255]]

natural alkali sink-open grassland vegetation that provides food and 
escape cover.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.010
    
         Morro Bay Kangaroo Rat (Dipodomys heermanni morroensis)

    California. An area of land, water, and airspace in San Luis Obispo 
County, with the following components (Mt. Diablo Meridian): T30S R10E 
S\1/2\ Sec. 14, those portions of Sec. 23-24 west of Pecho Valley Road.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.011
    
                  Florida Manatee (Trichechus manatus)

    Florida. Crystal River and its headwaters known as King's Bay, 
Citrus County; the Little Manatee River downstream from the U.S. Highway 
301 bridge, Hillsborough County; the Manatee River downstream from the 
Lake Manatee Dam, Manatee County; the Myakka River downstream from 
Myakka River State Park, Sarasota and Charlotte Counties; the Peace 
River downstream from the Florida State Highway 760 bridge, De Soto and 
Charlotte Counties; Charlotte Harbor north of the Charlotte-Lee County 
line, Charlotte County; Caloosahatchee River downstream from the Florida 
State Highway 31 bridge, Lee County; all U.S. territorial waters 
adjoining the coast and islands of Lee County; all U.S. territorial 
waters adjoining the coast and islands and all connected bays, 
estuaries, and rivers from Gordon's Pass, near Naples, Collier County, 
southward to and including Whitewater Bay, Monroe County; all waters of 
Card, Barnes, Blackwater, Little Blackwater, Manatee, and Buttonwood 
Sounds between Key Largo, Monroe County, and the mainland of Dade 
County; Biscayne Bay, and all adjoining and connected lakes, rivers, 
canals, and waterways from the southern tip of Key Biscayne northward to 
and including Maule Lake, Dade County; all of Lake Worth, from its 
northernmost point immediately south of the intersection of U.S. Highway 
1 and Florida State Highway A1A southward to its southernmost point 
immediately north of the town of Boynton Beach, Palm Beach County; the 
Loxahatchee River and its headwaters, Martin and West Palm Beach 
Counties; that section of the intracoastal waterway from the town of 
Seawalls Point, Martin County to Jupiter Inlet, Palm Beach County; the 
entire inland section of water known as the Indian River, from its 
northernmost point immediately south of the intersection of U.S. Highway 
1 and Florida State Highway 3, Volusia County, southward to its 
southernmost point near the town of Seawalls Point, Martin County, and 
the entire inland section of water known as the Banana River and all 
waterways between Indian and Banana Rivers, Brevard County; the St. 
Johns River including Lake George, and including Blue Springs and Silver 
Glen Springs from their points of origin to their confluences with the 
St. Johns River; that section of the Intracoastal Waterway from its 
confluences with the St. Marys River on the Georgia-Florida border to 
the Florida State Highway A1A bridge south of Coastal City, Nassau and 
Duval Counties.
    Note: No map.

          Alabama Beach Mouse (Peromyscus polionotus ammobates)

    Alabama. Areas of land, water, and airspace in Baldwin County with 
the following components (St. Stephens Meridian): (1) That portion of 
the Fort Morgan Peninsula south of State Road 180 and west of 
87 deg.59'35" W, except for that part each of Fort Morgan State Park and 
more than 152.5 meters (500 feet) inland from the mean high tide line of 
the Gulf of Mexico; (2) those portions of T9S R3E Sec. 30 and T9S R2E 
Sec. 25-28 and E15/16 Sec. 29 extending 152.5 meters (500 feet) inland

[[Page 256]]

from the mean high tide line of the Gulf of Mexico; (3) that portion of 
the Gulf Shores unit of the Gulf State Park south of State Road 182 in 
T9S R4E Sec. 14-15 and Sec. 21-23.
    Within these areas the major constituent elements that are known to 
require special management consideratons or protection are dunes and 
interdunal areas, and associated grasses and shrubs that provide food 
and cover.
    Note: Maps follow:

[[Page 257]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.012

      Choctawhatchee Beach Mouse (Peromyscus polionotus allophrys)

    Florida. Areas of land, water, and airspace in Walton and Bay 
Counties with the following components (Tallahassee Meridian): (1) Those 
portions of T2S R21W E\5/8\ Sec. 35, Sec. 36, T2S R20W S\1/4\ Sec. 31, 
and T3S R20W

[[Page 258]]

W\1/8\ Sec. 4, N\1/2\ Sec. 5, and NE\1/4\ Sec. 6 extending 152.5 meters 
(500 feet) inland from the mean high tide line of the Gulf of Mexico; 
(2) those portions of T3S R19W W\1/2\ Sec. 15 and Sec. 16 extending 
152.5 meters (500 feet) inland from the mean high tide line of the Gulf 
of Mexico; (3) those portions of the mainland part of the St. Andrews 
State Recreation Area in T4S R15W Sec. 21 and Sec. 22 extending 152.5 
meters (500 feet) inland from the mean high tide line of the Gulf of 
Mexico; (4) those portions of Shell Island in T4S R15W Sec. 25-27 and 
Sec. 36, T4S R14W Sec. 31, and T5S R14W Sec. 4-6 extending 152.5 meters 
(500 feet) inland from the mean high tide line of Gulf of Mexico.
    Within these areas the major constituent elements that are known to 
require special management considerations or protection are dunes and 
interdunal areas, and associated grasses and shrubs that provide food 
and cover.
    Note: Maps follow:

[[Page 259]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.013


[[Page 260]]


[GRAPHIC] [TIFF OMITTED] TC01JN91.014


[[Page 261]]


[GRAPHIC] [TIFF OMITTED] TC01JN91.015

      Perdido Key Beach Mouse (Peromyscus polionotus trissyllepsis)

    Alabama. An area of land, water, and airspace in Baldwin County with 
the following component (Tallahassee Meridian): That portion of the 
Perdido Key unit of the Gulf State Park south of State Road 182 in T9S 
R33W Sec. 2-3.
    Florida. Areas of land, water, and airspace in Escambia County with 
the following components (Tallahassee Meridian): (1) That portion of the 
Perdido Key State Preserve south of State Road 292 in T3S R32W Sec. 32-
33 and T4S R32W Sec. 5; (2) those portions of Perdido Key in T3S R31W 
Sec. 25-26 and Sec. 28-34, and in T3S R32W E\1/2\ Sec. 36, and W\1/2\ 
Sec. 36 south of the entrance road, parking lot, and Johnson Beach 
recreational facilities at the Gulf Islands National Seashore.
    Within these areas the major constituent elements that are known to 
require special management considerations or protection are dunes and 
interdunal areas, and associated grasses and shrubs that provide food 
and cover.
    Note: Maps follow:

[[Page 262]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.016


[[Page 263]]


[GRAPHIC] [TIFF OMITTED] TC01JN91.017

     Silver Rice Rat (Oryzomys palustris natator (=O. argentatus)).

    Monroe County, Florida: Little Pine Key, Water Keys, Big Torch Key, 
Middle Torch Key, Summerland Key north of U.S. Highway 1, Cudjoe Key 
north of U.S. Highway 1, Johnston Key, Raccoon Key, and Lower 
Saddlebunch Keys, south of U.S. Highway 1 but not including lands in T. 
67 S., R. 27 E., Section 8 and north \1/5\ of Section 17. Included are 
all lands and waters above mean low tide.
    Within these areas the major constituent elements that are known to 
require special management considerations or protection are mangrove 
swamps containing red (Rhizophora mangle), black (Avicennia germinans), 
and white (Laguncularia racemosa) mangroves, and buttonwood (Conocarpus 
erectus); salt marshes, swales, and adjacent transitional wetlands 
containing saltwort (Batis maritima), perennial glasswort (Salicornia 
virginica), saltgrass (Distichlis spicata), sea ox-eye (Borrichia 
frutescens), keygrass (Monanthochloe littoralis), and coastal dropseed 
(Sporobolus virginicus); and fresh water marshes containing cattails 
(Typha domingensis), saw-grass (Cladium jamaicense), and cordgrass 
(Spartina spp.).
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.018
    
                         (critical habitat map)

     Mount Graham Red Squirrel (Tamiasciurus hudsonicus grahamensis)

    Arizona. Areas of land, water, and airspace in the Coronado National 
Forest, T. 8 S., R. 24 E., and T. 9 S., R. 24 E. (Gila and Salt River 
Meridian), Graham County, with the following components:
    1. Hawk Peak-Mount Graham Area. The area above the 10,000-foot 
(3,048-meter) contour surrounding Hawk Peak and Plain View Peak, plus 
the area above the 9,800-foot (2,987-meter) contour that is south of 
lines extending from the highest point of Plain View Peak eastward at 
90 deg. (from true north) and southwestward at 225 deg. (from true 
north).
    2. Heliograph Peak Area. The area on the north-facing slope of 
Heliograph Peak that is above the 9,200-foot (2,804-meter) contour

[[Page 264]]

surrounding Heliograph Peak and that is between a line extending at 
15 deg. (from true north) from a point 160 feet (49 meters) due south of 
the horizontal control station on Heliograph Peak and a line extending 
northwestward at 300 deg. (from true north) from that same point.
    3. Webb Peak Area. The area on the east-facing slope of Webb Peak 
that is above the 9,700-foot (2,957-meter) contour surrounding Webb Peak 
and that is east of a line extending due north and south through a point 
160 feet (49 meters) due west of the horizontal control station on Webb 
Peak.

    The major constituent element is dense stands of mature spruce-fir 
forest.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.019
    
            Amargosa Vole (Microtus californicus scirpensis)

    California. Marshes and associated land and water in the following 
areas of Inyo County (San Bernardino Meridian): T20N R7E Sec. 4, 5, N\1/
2\ and SE\1/4\ Sec. 9, NW\1/4\ Sec. 10, SW\1/4\SW\1/4\ Sec. 15, E\1/2\ 
Sec. 16, NW\1/4\ Sec. 22; T21N R7E S\1/2\ Sec. 28, S\1/2\ and NW\1/4\ 
Sec. 29, Sec. 32, 33.
    Within these areas, the major constituent elements that are known to 
require special management considerations or protection are marsh 
vegetation (primarily bulrushes of the genus Scirpus), springs, and some 
open water along the Amargosa River, which provide escape cover and an 
adequate food supply.
    Note: Map follows:

[[Page 265]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.020

  

                         Gray Wolf (Canis lupus)

    Michigan. Isle Royale National Park.
    Minnesota. Areas of land, water, and airspace in Beltrami, Cook, 
Itasca, Koochiching, Lake, Lake of the Woods, Roseau, and St. Louis 
Counties, with boundaries (4th and 5th Principal meridians) identical to 
those of zones 1, 2, and 3, as delineated in 50 CFR 17.40(d)(1)
    Note: See map in Sec. 17.40(d)(1).

    (b) Birds.

            Yellow-Shouldered Blackbird (Agelaius xanthomus)

    Puerto Rico. Areas of land, water, and airspace with the following 
components: (1) All of Mona Island; (2) that portion of the main island 
of Puerto Rico within the following boundary: Beginning at a point where 
the Quebrada Boqueron joins the Bahia de Boqueron, thence proceeding 
southwesterly along coast to Cabo Rojo, thence eastward along the coast, 
including offshore cays, to the point where Highway 332 meets the Bahia 
de Guanica, thence northward on Highway 332 to its junction with Highway 
116, thence westward on Highway 116 to its junction with Highway 305, 
thence westward on Highway 305 to its junction with Highway 303, thence 
northward on Highway 303 to its junction with Highway 101, thence 
westward on Highway 101 to the point where it crosses Quebrada Boqueron, 
thence along the Quebrada Boqueron to the point where it joins the Bahia 
de Boqueron; (3) a circular portion of the main island of Puerto Rico 
with a one mile radius, the center being the junction of Highways 360 
and 102 in the town of San German; (4) Roosevelt Roads Naval Station, 
southeast of Ceiba.
    Note: No map.

               California Condor (Gymnogyps californianus)

    California. Sespe-Piru Condor Area: an area of land, water, and 
airspace to an elevation of not less than 3,000 feet above the terrain, 
in Ventura and Los Angeles Counties, with the following components (San 
Bernardino Meridian): Sespe Condor Sanctuary, as delineated by Public 
Land Order 695 (January 1951); T4N R20W Sec. 2, 5-10, N\1/2\ Sec. 11; 
T4N R21W Sec. 1-3, 10-12, N\1/4\ Sec 13, N\1/4\ Sec. 14, N\1/4\ Sec. 15; 
T5N R18W Sec. 4-9, 18, 19, 30, 31, N\1/2\ Sec. 3, N\1/2\ Sec. 17; T5N 
R21W Sec. 1-4, 9-16, 21-28, 33-36; T6N R18W Sec. 7-11, 14-23, 26-35; T6N 
R19W Sec. 7-36; T6N R20W Sec. 8-36; T6N R21W Sec. 13-36; T6N R22W Sec. 
3-26, 35, 36; T6N R23W Sec. 1-3, 10-14, 24, N\1/2\ Sec. 23; T7N R22W 
Sec. 31; T7N R23W Sec. 34-36.
    Matilija Condor Area: An area of land, water, and airspace to an 
elevation of not less than 3,000 feet above the terrain, in Ventura and 
Santa Barbara Counties, with the following components (San Bernardino 
Meridian): T5N R24W W\1/2\ Sec. 3, Sec. 4-11, 14, 15, N\1/2\ Sec. 16, 
N\1/4\ Sec. 17; T5N R25W E\1/2\ Sec. 1, NE\1/4\ Sec. 12; T5\1/2\N R24W 
Sec. 31-34; T6N R24W S\1/2\ Sec. 32, S\1/2\ Sec. 33, S\1/2\ Sec. 34.
    Sisquoc-San Rafael Condor Area: An area of land, water, and airspace 
to an elevation of not less than 3,000 feet above the terrain,

[[Page 266]]

Santa Barbara County, with the following components (San Bernardino 
Meridian): T6N R26W Sec. 5, 6; T6N R27W Sec. 1, 2; T7N R26W Sec. 5-8, 
17-20, 29-32; T7N R27W Sec. 1-14, 23-26, 35, 36; T7N R28W Sec. 1, 2, 11, 
12; T8N R26W Sec. 19-22, 27-34; T8N R27W Sec. 19-36.
    Hi Mountain-Beartrap Condor Areas: Areas of land, water, and 
airspace to an elevation of not less than 3,000 feet above the terrain 
in San Luis Obispo County, with the following components (Mt. Diablo 
Meridian): T30S R16E Sec. 13, 14, 23-26, SE\1/4\ Sec. 11, S\1/2\ Sec. 
12; T30S R17E Sec. 17-20, 29, 30; T31S R14E Sec. 1, 2, 11, 12, E\1/2\ 
Sec. 3, E\1/2\ Sec. 10, N\1/2\ Sec. 14, N\1/2\ Sec. 13; T31S R15E W\1/2\ 
Sec. 6, W \1/2\ Sec. 7, NW\1/4\ Sec. 18.
    Mt. Pinos Condor Area: An area of land, water, and airspace in 
Ventura and Kern Counties, with the following components (San Bernardino 
Meridian): T8N R21W W\1/2\ Sec. 5, Sec. 6 N\1/2\ Sec. 7, NW\1/4\ Sec. 8; 
T8N R22W Sec. 1, 2, E\1/2\ Sec. 3, NE\1/4\ Sec. 10, N\1/2\ Sec. 11, N\1/
2\ Sec. 12; T9N R21W Sec. 31, 32, W\1/2\ Sec. 33; T9N R22W E\1/2\ Sec. 
35, Sec. 36.
    Blue Ridge Condor Area: An area of land, water, and airspace in 
Tulare County, with the following components (Mt. Diablo Meridian): T19S 
R29E Sec. 5-9, 15-22, 27-30.
    Tejon Ranch: An area of land, water, and airspace in Kern County, 
with the following components (San Bernardino Meridian): R16W, T10N, 
R17W T10N, R17W T11N, R18W T9N, R18W T10N, R19W T10N.
    Kern County rangelands: An area of land, water, and airspace in Kern 
County between California State Highway 65 and the western boundary of 
Sequoia National Forest, with the following components (Mt. Diablo 
Meridian): R29E T25S, R29E T26S, R30E T25S, R30E T26S.
    Tulare County rangelands: An area of land, water, and airspace in 
Tulare County between California State Highway 65, State Highway 198, 
and the western boundary of Sequoia National Forest, with the following 
components (Mt. Diablo Meridian): R28E T18S (all sections); R28E T19S 
(all sections); R28E T20S (all sections); R28E T21S Sec. 1-18; R29E T20S 
(all sections); R29E T21S Sec. 1-18.
    Note: No map.

           Mississippi Sandhill Crane (Grus canadensis pulla).

    Mississippi. Areas of land, water, and airspace in Jackson County, 
with the following components (St. Stephens Base Meridian): T6S R6W Sec. 
31; T6S R7W E\1/2\ of E\1/2\ Sec. 34, Sec. 35-36, S\1/2\ Sec. 38; T6S 
R8W Sec. 27, those portions of Sec. 28-31 south of Seaman Road, Sec. 32-
34; T7S R6W N\1/2\ of N\1/2\ Sec. 3, Sec. 6; T7S R7W Sec. 2-11, Sec. 13-
16, Sec. 20-22, W\1/2\ Sec. 23, W\1/2\ of E\1/2\ Sec. 23, NE\1/4\ of 
NE\1/4\ Sec. 23, N\1/2\ of N\1/2\ Sec. 24, that portion of the SW\1/4\ 
of SW\1/4\ Sec. 30 south of the Louisville and Nashville Railroad, W\1/
2\ of W\1/2\ Sec. 31, W\1/2\ Sec. 37, that portion of the E\1/2\ Sec. 37 
north of U.S. Interstate Highway 10; T7S R8W Sec. 1-3, that portion of 
Sec. 4 north of U.S. Interstate Highway 10, Sec. 5-6, those portions of 
Sec. 7-8 north of U.S. Interstate Highway 10, Sec. 10-12, W\1/2\ of W\1/
2\ Sec. 14, Sec. 15, that portion of Sec. 25 south of the Louisville and 
Nashville Railroad, that portion of the SE\1/4\ of Sec. 26 south of the 
Louisville and Nashville Railroad and southeast of Davis Bayou, N\1/2\ 
of NE\1/4\ Sec. 35, Sec. 36.
    Note: No map.

                     Whooping Crane (Grus americana)

    Kansas. Areas of land, water, and airspace with the following 
components: (1) Quivira National Wildlife Refuge in Stafford, Reno, and 
Rice Counties; and (2) Cheyenne Bottoms State Waterfowl Management Area 
in Barton County.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.024
    
    Nebraska. An area of land, water, and airspace in Dawson, Buffalo, 
Hall, Phelps, Kearny, and Adams Counties with the following boundaries: 
Platte River bottoms--a strip of river bottom with a north-south width 3 
miles, a south boundary paralleling Interstate 80, beginning at the 
junction of U.S. Highway 283 and Interstate 80 near Lexington, and 
extending eastward along Interstate 80 to the interchange for Shelton 
and Dehman, Nebr. near the Buffalo-Hall County line.
    Note: Map follows:

[[Page 267]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.025


    Oklahoma. An area of land, water, and airspace in Alfalfa County 
with the following component: Salt Plains National Wildlife Refuge.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.027
    
    Texas. An area of land, water, and airspace in Aransas, Calhoun, and 
Refugio Counties with the following boundaries: Beginning at the point 
where the north boundary of the Aransas National Wildlife Refuge 
intersects the shore of San Antonio Bay at Webb Point; thence, from this 
point along a straight line across San Antonio Bay through the 
westernmost tip of Mosquito Point and inland to a point of intersection 
with metal surfaced road; thence eastward along a straight line across 
Espiritu Santo Bay to the intersection of the bay shore and a road at 
the east end of Pringle Lake on Matagorda Island; thence south along 
this road to the intersection with the main Matagorda Island road; 
southwestward along this main road to Cedar Bayou at latitude 
28 deg.04'10" N.; thence due west across Cedar Bayou, Vinson Slough, and 
Isla San Jose to Gulf Intracoastal Waterway platform channel marker No. 
25; thence north to the southwest corner of the proclamation boundary, 
just south of Blackjack Point; thence north along the proclamation 
boundary into St. Charles Bay to a line drawn as an eastward extension 
of Twelfth Street on Lamar Peninsula; thence westward along this line to 
intersection with Palmetto Avenue; thence northward along a straight 
line to the southwest corner of the Aransas National Wildlife Refuge at 
Texas State Highway 35 and the north shore of Cavasso Creek; thence 
northeast on a straight line to the corner of the Aransas National 
Wildlife Refuge north boundary adjacent to triangulation station 
``Twin''; thence along the north boundary of said refuge to the starting 
point at Webb Point.
    Note: Map follows:

[[Page 268]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.028

       Southwestern Willow Flycatcher (Empidonax traillii extimus)

    California: Areas of land and water as follows:
    1. Santa Ana River, Riverside and San Bernardino Counties: from Rio 
Road (T2S, R5W, no surveyed section but at 34 deg. 59' 00" North, 
117 deg. 25' 15" West) downstream to Prado Flood Control Basin Dam (T3S, 
R7W, Section 20). Approximately 25 km (16 miles). The boundaries include 
areas within 100 meters of the edge of areas with surface water during 
the May to September breeding season and within 100 meters of areas 
where such surface water no longer exists owing to habitat degradation 
but may be recovered with habitat rehabilitation where thickets of 
riparian trees and shrubs occur or may become established as a result of 
natural floodplain processes or rehabilitation.
[GRAPHIC] [TIFF OMITTED] TR22JY97.011

    2. Santa Margarita River, San Diego County: from the unnamed trail 
at T8S, R3W, Section 34) downstream to northbound Interstate 5 (T11S, 
R5W, Section 19). Approximately 33 km (20 miles). The boundaries include 
areas within 100 meters of the edge of areas with surface water during 
the May to September breeding season and within 100 meters of areas 
where such surface water no longer exists owing to habitat degradation 
but may be recovered with habitat rehabilitation where thickets of 
riparian trees and shrubs occur or may become established as a result of 
natural floodplain processes or rehabilitation.
    3. San Luis Rey River, San Diego County: from Mission Road (T9S, 
R2W, Section 27) downstream to northbound Interstate 5 (T11S, R5W, 
Section 22). Approximately 39 km (24 miles). The boundaries include 
areas within 100 meters of the edge of areas with surface water during 
the May to September breeding season and within 100 meters of areas 
where such surface water no longer exists owing to habitat degradation 
but may be recovered with habitat rehabilitation where thickets of 
riparian trees and shrubs occur

[[Page 269]]

or may become established as a result of natural floodplain processes or 
rehabilitation.
    4. San Diegito River, San Diego County: from southbound Interstate 
15 (T13S, R2W, no section surveyed, but at 33 deg. 3' 45" North, 
117 deg. 4' 00" West) downstream to northbound Interstate 5 (T14S, R4W, 
Section 12). Approximately 24 km (15 miles). The boundaries include 
areas within 100 meters of the edge of areas with surface water during 
the May to September breeding season and within 100 meters of areas 
where such surface water no longer exists owing to habitat degradation 
but may be recovered with habitat rehabilitation where thickets of 
riparian trees and shrubs occur or may become established as a result of 
natural floodplain processes or rehabilitation.
[GRAPHIC] [TIFF OMITTED] TR22JY97.012

    5. San Diego River, San Diego County: from Carlton Hills Boulevard 
(T15S, R1W, no section surveyed, but at 32 deg. 50' 45" North, 117 deg. 
59' 30" West) downstream to the Second San Diego Aqueduct T15S, R2W, no 
section surveyed, but at 32 deg. 49' 30" North, 117 deg. 3' 45" West). 
Approximately 8 km (5.5 miles). The boundaries include areas within 100 
meters of the edge of areas with surface water during the May to 
September breeding season and within 100 meters of areas where such 
surface water no longer exists owing to habitat degradation but may be 
recovered with habitat rehabilitation where thickets of riparian trees 
and shrubs occur or may become established as a result of natural 
floodplain processes or rehabilitation.
    6. Tijuana River, San Diego County: from Larsen Field (T19S, R2W, 
Section 1) downstream to the windmill at T19S, R2W, Section 4. 
Approximately 5.5 km (3.3 miles). The boundaries include areas within 
100 meters of the edge of areas with surface water during the May to 
September breeding season and within 100 meters of areas where such 
surface water no longer exists owing to habitat degradation but may be 
recovered with habitat rehabilitation where thickets of riparian trees 
and shrubs occur or may become established as a result of natural 
floodplain processes or rehabilitation.

[[Page 270]]

[GRAPHIC] [TIFF OMITTED] TR22JY97.013

    7. South Fork of the Kern River, Kern County: from the confluence of 
Canebrake Creek (T25S, R36E, Section 30) downstream to a line running 
north-south between Lyme Dyke and Lime Point encompassing the South Fork 
Wildlife Area at the eastern end of Lake Isabella (T26S, R34E, Sections 
13 and 14). Approximately 26 km (16 miles). The boundaries include areas 
within 100 meters of the edge of areas with surface water during the May 
to September breeding season and within 100 meters of areas where such 
surface water no longer exists owing to habitat degradation but may be 
recovered with habitat rehabilitation where thickets of riparian trees 
and shrubs occur or may become established as a result of natural 
floodplain processes or rehabilitation.

[[Page 271]]

[GRAPHIC] [TIFF OMITTED] TR22JY97.014

    Arizona: Areas of land and water as follows:
    1. San Pedro River, Cochise County: from the Hereford Bridge (T23S, 
R22E, Section 9), downstream to eastbound Interstate 10 bridge at Benson 
(T17S R20E, Section 11). Approximately 87 km (54 miles). The boundaries 
include areas within 100 meters of the edge of areas with surface water 
during the May to September breeding season and within 100 meters of 
areas where such surface water no longer exists owing to habitat 
degradation but may be recovered with habitat rehabilitation where 
thickets of riparian trees and shrubs occur or may become established as 
a result of natural floodplain processes or rehabilitation.
    2. San Pedro River, Cochise, Pima and Pinal Counties: from the 
Gaging Station near Aguaja Canyon (T12S, R18E, Section 19), downstream 
to the confluence with the Gila River (T5S, R15E, Section 23). 
Approximately 106 km (66 miles). The boundaries include areas within 100 
meters of the edge of areas with surface water during the May to 
September breeding season and within 100 meters of areas where such 
surface water no longer exists owing to habitat degradation but may be 
recovered with habitat rehabilitation where thickets of riparian trees 
and shrubs occur or may become established as a result of natural 
floodplain processes or rehabilitation.
[GRAPHIC] [TIFF OMITTED] TR22JY97.015


[[Page 272]]


    3. Verde River, Yavapai and Gila Counties: from Sob Canyon (T17N, 
R3E, Section 29) to its inflow into Horseshoe Reservoir (T8N, R6E, 
Section 15), including Tavasci Marsh and Ister Flat. Approximately 145 
km (90 miles). The boundaries include areas within 100 meters of the 
edge of areas with surface water during the May to September breeding 
season and within 100 meters of areas where such surface water no longer 
exists owing to habitat degradation but may be recovered with habitat 
rehabilitation where thickets of riparian trees and shrubs occur or may 
become established as a result of natural floodplain processes or 
rehabilitation.
    4. Wet Beaver Creek, Yavapai County: from the gauging station 
upstream of the Beaver Creek Ranger Station (T15N, R6E, Section 24), 
downstream to the confluence of Beaver Creek and the Verde River (T14N, 
R5E, Section 30). Approximately 32 km (20 miles). The boundaries include 
areas within 100 meters of the edge of areas with surface water during 
the May to September breeding season and within 100 meters of areas 
where such surface water no longer exists owing to habitat degradation 
but may be recovered with habitat rehabilitation where thickets of 
riparian trees and shrubs occur or may become established as a result of 
natural floodplain processes or rehabilitation.
    5. West Clear Creek, Yavapai County: from the section line dividing 
sections 18 and 17 in T13N, R6E downstream to the confluence with the 
Verde River (T13N, R5E, Section 17). Approximately 14 km (9 miles). The 
boundaries include areas within 100 meters of the edge of areas with 
surface water during the May to September breeding season and within 100 
meters of areas where such surface water no longer exists owing to 
habitat degradation but may be recovered with habitat rehabilitation 
where thickets of riparian trees and shrubs occur or may become 
established as a result of natural floodplain processes or 
rehabilitation.
[GRAPHIC] [TIFF OMITTED] TR22JY97.016

    6. Colorado River, Coconino County: from river mile 39 (T35N, R5E, 
Section 16) downstream to river mile 71.5 (T31N, R5E Section 8). (River 
mile 0 = Lee's Ferry). Approximately 52 km (32 miles). The boundaries 
include areas within 100 meters of the edge of areas with surface water 
during the May to September breeding season and within 100 meters of 
areas where such surface water no longer exists owing to habitat 
degradation but may be recovered with habitat rehabilitation where 
thickets of riparian trees and shrubs occur or may become established as 
a result of natural floodplain processes or rehabilitation.

[[Page 273]]

[GRAPHIC] [TIFF OMITTED] TR22JY97.017

    7. Little Colorado River, and the West, East, and South Forks of the 
Little Colorado River, Apache County: from the diversion ditch at T8N, 
R28E, Section 16, upstream to Forest Road 113 on the West Fork (T7N, 
R27E, Section 33), upstream to Forest Road 113 on the East Fork (T6N, 
R27E, Section 10), and upstream to Joe Baca Draw on the South Fork (T8N, 
R28E, Section 34). Approximately 48 km (30 miles). The boundaries 
include areas within 100 meters of the edge of areas with surface water 
during the May to September breeding season and within 100 meters of 
areas where such surface water no longer exists owing to habitat 
degradation but may be recovered with habitat rehabilitation where 
thickets of riparian trees and shrubs occur or may become established as 
a result of natural floodplain processes or rehabilitation.
[GRAPHIC] [TIFF OMITTED] TR22JY97.018

    New Mexico: Areas of land and water as follows:
    1. Gila River and the East and West Forks of the Gila River, Catron 
and Grant Counties: from El Rincon on the Gila River (T13S, R14W, S36) 
upstream to Hell's Hole Canyon on the West Fork of the Gila River T12S, 
R15W, S4), and upstream to the confluence of Taylor Creek and Beaver 
Creek on the East Fork of the Gila River (T11S, R12W, S17). 
Approximately 63 km (39 miles). The boundaries include areas within 100 
meters of the edge of areas with surface water during the May to 
September breeding season and within 100 meters of areas where such 
surface water no longer exists owing to habitat degradation but may be 
recovered with habitat rehabilitation where thickets of riparian trees 
and shrubs occur or may become established as a result of natural 
floodplain processes or rehabilitation.

[[Page 274]]

[GRAPHIC] [TIFF OMITTED] TR22JY97.019

    2. Gila River, Grant and Hidalgo Counties: from the confluence of 
Hidden Pasture Canyon (T14S, R16W, Section 14) downstream to the 
confluence of Steeple Rock Canyon (T18S, R21W, Section 33). 
Approximately 90 km (56 miles). The boundaries include areas within 100 
meters of the edge of areas with surface water during the May to 
September breeding season and within 100 meters of areas where such 
surface water no longer exists owing to habitat degradation but may be 
recovered with habitat rehabilitation where thickets of riparian trees 
and shrubs occur or may become established as a result of natural 
floodplain processes or rehabilitation.
[GRAPHIC] [TIFF OMITTED] TR22JY97.020

    3. San Francisco River, Catron County: from the confluence of Trail 
Canyon (T6S, R20W, Section 4) downstream to San Francisco Hot Springs, 
near the confluence with Box Canyon (T12S, R20W, Section 23). 
Approximately 105 km (65 miles). The boundaries include areas within 100 
meters of the edge of areas with surface water during the May to 
September breeding season and within 100 meters of areas where such 
surface water no longer exists owing to habitat degradation but may be 
recovered with habitat rehabilitation where thickets of riparian trees 
and shrubs occur or may become established as a result of natural 
floodplain processes or rehabilitation.
    4. Tularosa River and Apache Creek, Catron County: from the 
confluence of the Tularosa and San Francisco Rivers (T7S, R19W, Section 
23) upstream, to the source of the Tularosa River near the continental 
divide (T4S, R15W, Section 33), and upstream on Apache Creek to the 
confluence with Whiskey Creek (T4S, R18W, Section 25). Approximately 60 
km (37 miles). The boundaries include areas within 100 meters of the 
edge of areas with surface water during the May to September breeding 
season and within 100 meters of areas where such surface water no longer 
exists owing to habitat degradation but may be recovered with habitat 
rehabilitation where thickets of riparian trees and shrubs occur or may 
become established as a result of natural floodplain processes or 
rehabilitation.

[[Page 275]]

[GRAPHIC] [TIFF OMITTED] TR22JY97.021

          Everglade Snail Kite (Rostrhamus sociabilis plumbeus)

    Florida. Areas of land (predominantly marsh), water, and airspace, 
with the following components (Tallahassee Meridian): (1) St. Johns 
Reservoir, Indian River County: T33S R37E SW\1/4\ Sec. 6, W\1/2\ Sec. 7, 
Sec. 18, Sec. 19; (2) Cloud Lake Reservoir, St. Lucie County; T34S R38E 
S\1/2\ Sec. 16, N\1/2\ Sec. 21; (3) Strazzulla Reservoir, St. Lucie 
County: T34S R38E SW\1/4\ Sec. 21; (4) western parts of Lake Okeechobee, 
Glades and Hendry Counties, extending along the western shore to the 
east of the levee system and the undiked high ground at Fisheating 
Creek, and from the Hurricane Gate at Clewiston northward to the mouth 
of the Kissimmee River, including all the Eleocharis flats of Moonshine 
Bay, Monkey Box, and Observation Shoal, but excluding the open water 
north and west of the northern tip of Observation Shoal, north of Monkey 
Box, and east of Fisheating Bay; (5) Loxahatchee National Wildlife 
Refuge (Central and Southern Florida Flood Control District Water 
Conservation Area 1), Palm Beach County, including Refuge Management 
Compartments A, B, C, and D, and all of the main portion of the Refuge 
as bounded by Levees L-7, L-39, and L-40; (6) Central and Southern 
Florida Flood Control District Water Conservation Area 2A, Palm Beach 
and Broward Counties, as bounded by Levees L-6, L-35B, L-36, L-38, and 
L-39; (7) Central and Southern Florida Flood Control District Water 
Conservation Area 2B, Broward County, as bounded by Levees L-35, L-35B, 
L-36, and L-38; (8) Central and Southern Florida Flood Control District 
Water Conservation Area 3A, Broward and Dade Counties, as bounded by 
Florida Highway 84. Levees L-68A, L-67A (north of Miami Canal), L-67C 
(south of Miami Canal). L-29, and L-28, and a line along the undiked 
northerwestern portion of the Area; (9) that portion of Everglades 
National Park, Dade County, within the following boundary: Beginning at 
the point where the Park boundary meets Florida Highway 94 in T54S R35E 
Sec. 20, thence eastward and southwest along the Park boundary to the 
southwest corner of Sec. 31 in T7S R37E, thence southwestward along a 
straight line to the southwest corner of Sec. 2 in T58S R35E, thence 
westward along the south sides of Sec. 3, 4, 5, and 6 in T58S R35E to 
the Dade-Monroe county line, thence northward along the Dade-Monroe 
county line to the Park boundary, thence eastward and northward along 
the Park boundary to the point of beginning.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.030
    

[[Page 276]]



         Marbled Murrelet (Brachyramphus marmoratus marmoratus)

    1. Critical habitat units are depicted for the States of Washington, 
Oregon, and California on the maps below.
    2. The primary constituent elements: individual trees with potential 
nest platforms and forest lands of at least one half site-potential tree 
height regardless of contiguity within 0.8 kilometers (0.5 miles) of 
individual trees with potential nesting platforms and that are used or 
potentially used by the marbled murrelet for nesting or roosting.
    3. A description of the critical habitat units follows. Where a 
critical habitat unit includes Federal lands within the boundaries of a 
Late Successional Reserve established by the Northwest Forest Plan, 
those boundaries include any minor adjustments. Critical habitat units 
do not include non-federal lands covered by a legally operative 
incidental take permit for marbled murrelets issued under section 10(a) 
of the Act.

[[Page 277]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.000


[[Page 278]]


[GRAPHIC] [TIFF OMITTED] TR24MY96.001


[[Page 279]]


[GRAPHIC] [TIFF OMITTED] TR24MY96.002

    Map and description of WA-01-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Cape Flattery, Forks, and Port Angeles, 
Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:


[[Page 280]]


    T.28N., R.10W. Willamette Meridian: W\1/2\ W\1/2\ Section 1; 
Sections 2-8; NW\1/4\, N\1/2\ SW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ 
Section 9; N\1/2\ NW\1/4\, NE\1/4\ Section 10; W\1/2\ NW\1/4\, NE\1/4\ 
NW\1/4\, N\1/2\ NE\1/4\ Section 11; NW\1/4\ NW\1/4\ Section 12.
    T.28N., R.11W. Willamette Meridian: Sections 1-5; S\1/2\ SW\1/4\, 
SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 6; Sections 7-12; N\1/
2\ NW\1/4\ Section 13; N\1/2\ Section 14; N\1/2\ N\1/2\ Section 15; N\1/
2\ Section 16; N\1/2\, N\1/2\ SW\1/4\ Section 17; N\1/2\ N\1/2\ Section 
18.
    T.28N., R.12W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 1; SW 
\1/4\, S\1/2\ SE\1/4\ Section 2; S\1/2\ SW\1/4\, SE\1/4\ Section 3; N\1/
2\ N\1/2\ Section 10; N\1/2\ Section 11; Section 12 except SW\1/4\ SW\1/
4\, N\1/2\ NE\1/4\ Section 13.
    T.29N., R.10W. Willamette Meridian: SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, 
SE\1/4\ SW\1/4\ Section 1; Section 2 except N\1/2\ NE\1/4\; Section 3 
except N\1/2\ NE\1/4\; Sections 4-5; SE\1/4\ NW\1/4\, SW\1/4\ SW\1/4\, 
E\1/2\ Section 6; Sections 7-24; Section 25 except SE\1/4\ SE\1/4\; 
Sections 26-35; NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, W\1/2\ NE\1/4\ 
Section 36.
    T.29N., R.11W. Willamette Meridian: SE\1/4\ SW\1/4\, SE\1/4\, SE\1/
4\ NE\1/4\ Section 12; Section 13; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ 
Section 14; E\1/2\ SE\1/4\ Section 22; S\1/2\, NE\1/4\ Section 23; 
Sections 24-27; S\1/2\, S\1/2\ NE\1/4\ Section 28; SE\1/4\ Section 29; 
SE\1/4\ SE\1/4\ Section 31; S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, SE\1/4\, 
S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 32; Sections 33-36.
    T.30N., R.09W. Willamette Meridian: S\1/2\ SW\1/4\ Section 18; N\1/
2\ NW\1/4\ Section 19.
    T.30N., R.10W. Willamette Meridian: E\1/2\ NW\1/4\, E\1/2\ SW\1/4\, 
SW\1/4\ SW\1/4\, SE\1/4\, SW\1/4\ NE\1/4\ Section 1; S\1/2\ SW\1/4\, 
SW\1/4\ SE\1/4\ Section 2; Section 3 except NE\1/4\; Section 4; E\1/2\ 
NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 5; S\1/2\ 
Section 6; Sections 7-12; Section 13 except SW\1/4\ SW\1/4\; NW\1/4\ 
NW\1/4\, NE\1/4\ Section 14; Section 15; N\1/2\, N\1/2\ SE\1/4\ Section 
16; N\1/2\ Section 17; Section 18 except S\1/2\ SE\1/4\; NW\1/4\ NW\1/4\ 
Section 19; SW\1/4\ SW\1/4\ Section 35.
    T.30N., R.11W. Willamette Meridian: Sections 1-2; Section 3 except 
S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 4 except S\1/2\ SW\1/4\, SW\1/
4\ SE\1/4\; NE\1/4\ NE\1/4\ Section 10; N\1/2\ NW\1/4\, SE\1/4\ SE\1/4\, 
W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 11; NW\1/4\ NW\1/4\, S\1/2\, 
E\1/2\ NE\1/4\ Section 12; Sections 13-14; S\1/2\, S\1/2\ NE\1/4\ 
Section 15; S\1/2\ Section 17; SE\1/4\ Section 18; N\1/2\ NW\1/4\, SE\1/
4\ NW\1/4\, NE\1/4\ Section 20; N\1/2\, N\1/2\ SE\1/4\ Section 21; N\1/
2\, N\1/2\ S\1/2\ Section 22; N\1/2\, N\1/2\ SW\1/4\ Section 23; NW\1/
4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 24.
    T.30N., R.12W. Willamette Meridian: NW\1/4\ NW\1/4\ Section 2; W\1/
2\, N\1/2\ NE\1/4\ Section 3; Section 4-5; Section 6 except W\1/2\ NW\1/
4\, NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 7; Section 8 except SW\1/4\ 
SW\1/4\; N\1/2\ N\1/2\, SE\1/4\ SE\1/4\ Section 9; S\1/2\ Section 10; 
S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 11; W\1/2\ NW\1/4\ Section 13; 
N\1/2\, N\1/2\ SW\1/4\ Section 14; N\1/2\, NE\1/4\ SE\1/4\ Section 15; 
Section 17 except NW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\.
    T.31N., R.12W. Willamette Meridian: Section 30 except NE\1/4\; 
Section 31; Section 32 except NE\1/4\; S\1/2\ SW\1/4\ Section 33.

    Critical Habitat includes only State or County lands described 
within the following areas:

    T.30N., R.12W. Willamette Meridian: N\1/2\ Section 16.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.003
    
    Map and description of WA-01-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Port Angeles, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.29N., R.07W. Willamette Meridian: N\1/2\ NW\1/4\ Section 1; NE\1/
4\ Section 2.
    T.30N., R.07W. Willamette Meridian: NW\1/4\ SW\1/4\, SW\1/4\ SE\1/
4\, SW\1/4\ NE\1/4\ Section 26; S\1/2\ SW\1/4\ Section 29; Section 30 
except SE\1/4\ NE\1/4\, N\1/2\ NE\1/4\; Section 31 except SW\1/4\ SW\1/
4\; W\1/2\ W\1/2\, NE\1/4\ NW\1/4\ Section 32; W\1/2\ NW\1/4\, N\1/2\ 
SW\1/4\, SE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/
4\ Section 33; NW\1/4\, N\1/2\ SE\1/4\, W\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ 
Section 34; Sections 35-36.
    T.30N., R.08W. Willamette Meridian: Section 25; Section 26 except 
NW\1/4\ NE\1/4\; Sections 27-29; N\1/2\ N\1/2\ Section 32; N\1/2\, NE\1/
4\ SE\1/4\ Section 33; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ Section 34; N\1/
2\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\ Section 35; N\1/2\, 
N\1/2\ S\1/2\ Section 36.

    Critical Habitat includes only State or County lands described 
within the following areas:
    T.30N., R.06W. Willamette Meridian: N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\ 
Section 18; NW\1/4\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 19; SW\1/4\ 
SW\1/4\ Section 20; SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\ Section 21; SE\1/4\ 
SE\1/4\ Section 23; NW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ 
Section 25; E\1/2\ Section 26; SE\1/4\ NW\1/4\, S\1/2\ Section 27; 
Section 28 except SE\1/4\ SW\1/4\, NE\1/4\ NE\1/4\; Section 29; Section 
30 except S\1/2\ SW\1/4\; Sections 31-34; W\1/2\ W\1/2\, E\1/2\ E\1/2\ 
Section 35; Section 36.
    T.30N., R.07W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 9; S\1/
2\ SW\1/4\ Section 10; S\1/2\ S\1/2\,

[[Page 281]]

NE\1/4\ SE\1/4\ Section 13; SE\1/4\ SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ 
Section 14; SW\1/4\ NW\1/4\, NE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ 
SE\1/4\ Section 15; SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, S\1/2\ 
NE\1/4\ Section 16; S\1/2\, S\1/2\ N\1/2\, NW\1/4\ NE\1/4\ Section 17; 
NW\1/4\ NW\1/4\, S\1/2\, E\1/2\ NE\1/4\ Section 18; W\1/2\ NW\1/4\, 
SE\1/4\ NW\1/4\, SW\1/4\, N\1/2\ SE\1/4\ Section 19; SW\1/4\, SW\1/4\ 
SE\1/4\, E\1/2\ NE\1/4\ Section 20; NW\1/4\, SW\1/4\ SW\1/4\, NW\1/4\ 
NE\1/4\ Section 21; SE\1/4\ SW\1/4\, E\1/2\ E\1/2\ Section 22; S\1/2\ 
NW\1/4\, NE\1/4\ NW\1/4\, SE\1/4\, SE\1/4\ SE\1/4\, W\1/2\ NE\1/4\, 
NE\1/4\ NE\1/4\ Section 23; N\1/2\, NW\1/4\ SW\1/4\, N\1/2\ SE\1/4\, 
SE\1/4\ SE\1/4\ Section 24; S\1/2\ NW\1/4\, NE\1/4\ Section 25; N\1/2\, 
NW\1/4\ SE\1/4\ Section 27.
    T.30N., R.08W. Willamette Meridian: S\1/2\ SW\1/4\ Section 4; 
Section 5 except E\1/2\ NE\1/4\; Section 6 except NW\1/4\ NW\1/4\; 
Section 7 except S\1/2\ SW\1/4\; Section 8; Section 9 except NW\1/4\ 
NE\1/4\; SW\1/4\ SW\1/4\, SE\1/4\ Section 10; W\1/2\ SW\1/4\, SE\1/4\ 
SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 11; SW\1/4\ NW\1/4\, N\1/2\ 
S\1/2\, SE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 12; NW\1/4\ NW\1/4\, 
W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ 
Section 13; Section 14; Section 15 except N\1/2\ SE\1/4\, S\1/2\ NE\1/
4\; Section 16 except SW\1/4\ SE\1/4\; E\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 
NE\1/4\ Section 17; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ 
Section 20; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ SE\1/4\, E\1/2\ 
SW\1/4\, NE\1/4\ Section 22; W\1/2\, N\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ 
Section 23; SW\1/4\ NW\1/4\, NE\1/4\ NW\1/4\, N\1/2\ S\1/2\, N\1/2\ 
NE\1/4\ Section 24.
    T.31N., R.08W. Willamette Meridian: E\1/2\ SE\1/4\ Section 31; W\1/
2\ SW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 32.
[GRAPHIC] [TIFF OMITTED] TR24MY96.004

    Map and description of WA-02-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Cape Flattery and Forks, Washington; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.28N., R.12W Willamette Meridian: S\1/2\, S\1/2\ N\1/2\ Section 4; 
S\1/2\, S\1/2\ N\1/2\ Section 5; S\1/2\, NW\1/4\, S\1/2\ NE\1/4\, 
Section 6; Sections 7-9; Sections 16-21; Sections 28-33.
    T.29N., R.12W. Willamette Meridian: S\1/2\ Section 7; SW\1/4\, SW\1/
4\ SE\1/4\ Section 8; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 9; NW\1/
4\, W\1/2\ SW\1/4\, W\1/2\ NE\1/4\ Section 16; Section 17 except SE\1/4\ 
SW\1/4\, SW\1/4\ SE\1/4\; Section 18; Section 19 except W\1/2\ SE\1/4\; 
W\1/2\ W\1/2\ Section 20; W\1/2\ Section 30.
    T.29N., R.13W. Willamette Meridian: S\1/2\ S\1/2\, NE\1/4\ NE\1/4\ 
Section 13; Section 23 except SW\1/4\ SW\1/4\; Sections 24-25; N\1/2\, 
N\1/2\ S\1/2\, SE\1/4\ SE\1/4\ Section 26, N\1/2\ N\1/2\ Section 36.

    Critical Habitat includes only State or County lands described 
within the following areas:
    T.27N., R.13W. Willamette Meridian: W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
SW\1/4\ Section 2; Sections 3-11; Sections 14-18; N\1/2\, NE\1/4\ SW\1/
4\, NW\1/4\ SE\1/4\ Section 19; Sections 20-23; Sections 26-28; N\1/2\, 
W\1/2\ SW\1/4\, E\1/2\ SE\1/4\ Section 29.
    T.28N., R.13W. Willamette Meridian: Sections 22-25; W\1/2\ NW\1/4\, 
S\1/2\, E\1/2\ NE\1/4\ Section 26; N\1/2\, N\1/2\ SE\1/4\ Section 27; 
SW\1/4\ SW\1/4\ Section 28; Sections 31-32; W\1/2\ W\1/2\ Section 33; 
E\1/2\ E\1/2\, W\1/2\ SE1/4 Section 35; Section 36.
    T.28N., R.14W. Willamette Meridian: E\1/2\ Section 36.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.005
    
    Map and description of WA-02-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Forks and Mt Olympus, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:
    T.25N., R.10W. Willamette Meridian: Sections 29-30; Section 31 
except SE\1/4\ SE\1/4\; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 32.

    Critical Habitat includes only State or County lands described 
within the following areas:

    T.24N., R.11W. Willamette Meridian: N\1/2\ N\1/2\ Section 1; N\1/2\, 
N\1/2\ SW\1/4\ Section 2; Sections 3-8; Section 9 except SE\1/4\; N\1/2\ 
NW\1/4\ Section 10; NW\1/4\ Section 16; NW\1/4\, NW\1/4\

[[Page 282]]

SW\1/4\, W\1/2\ NE\1/4\ Section 17; Section 18 except SE\1/4\ SE\1/4\; 
NW\1/4\ NW\1/4\ Section 19.
    T.24N., R.12W. Willamette Meridian: NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, 
SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 1; 
SE\1/4\, NW\1/4\ NE\1/4\, E\1/2\ NE\1/4\ Section 2; W\1/2\ SE\1/4\, 
NE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 10; Section 11; Section 12 
except NE\1/4\ SE\1/4\; W\1/2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 
13; N\1/2\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 14; NE\1/4\ NW\1/4\, 
N\1/2\ SE\1/4\, NE\1/4\ Section 23; N\1/2\, N\1/2\ SW\1/4\ Section 24.
    T.25N., R.09W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\, N\1/2\ 
NE\1/4\, SW\1/4\ NE\1/4\ Section 6.
    T.25N., R.10W. Willamette Meridian: Sections 1-11; W\1/2\ NW\1/4\, 
NE\1/4\ NW\1/4\ Section 12; NW\1/4\, N\1/2\ SW\1/4\, N\1/2\ NE\1/4\, 
NE\1/4\ NE\1/4\ Section 14; Section 15 except SE\1/4\ SW\1/4\, S\1/2\ 
SE\1/4\; Sections 16-20; N\1/2\ Section 21.
    T.25N., R.11W. Willamette Meridian: Section 1-19; Section 20 except 
NE\1/4\ NW\1/4\; Sections 21-36.
    T.25N., R.12W. Willamette Meridian: Section 1 except N\1/2\ N\1/2\; 
Section 2 except NE\1/4\ NE\1/4\; Section 3 except NE\1/4\ NW\1/4\; E\1/
2\ Section 4; SE\1/4\ Section 5; SE\1/4\ SW\1/4\ Section 6; Section 7; 
N\1/2\ Section 8; Section 9; Section 10 except NE\1/4\ NE\1/4\; SE\1/4\ 
NW\1/4\, S\1/2\ Section 11; Section 12; Section 13 except S\1/2\ SW\1/
4\; W\1/2\ W\1/2\, E\1/2\ Section 14; Sections 15-16; W\1/2\ W\1/2\, 
SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 17; Section 18; 
E\1/2\ NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 19; N\1/2\ N\1/
2\ Section 20; N\1/2\ N\1/2\ Section 21; N\1/2\ N\1/2\ Section 22; NW\1/
4\ NW\1/4\, NE\1/4\ NE\1/4\ Section 23; NE\1/4\ NW\1/4\, E\1/2\ SW\1/4\, 
NE\1/4\ Section 24; Section 25; Section 26 except W\1/2\ NW\1/4\, NE\1/
4\ NW\1/4\, NW\1/4\ NE\1/4\; Sections 35-36.
    T.25N., R.13W. Willamette Meridian: Section 1 except NE\1/4\ SE\1/
4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; Section 2 except NW\1/4\; NE\1/4\ 
NW\1/4\, S\1/2\ S\1/2\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 11; 
Section 12; Section 13 except SW\1/4\ SW\1/4\; Section 14; N\1/2\ NW\1/
4\ Section 23; NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 24.
    T.26N., R.09W. Willamette Meridian: S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ 
SE\1/4\, SE\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 19; W\1/2\ Section 29; 
Sections 30-31; W\1/2\ W\1/2\ Section 32.
    T.26N., R.10W. Willamette Meridian: Sections 2-11; W\1/2\ SW\1/4\, 
SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 13; Sections 14-36.
    T.26N., R.11W. Willamette Meridian: Sections 1-36.
    T.26N., R.12W. Willamette Meridian: Section 36.
    T. 27N., R. 10W. Willamette Meridian:
S\1/2\ Section 31; S\1/2\ Section 32; S\1/2\ Section 33; S\1/2\ Section 
34; S\1/2\ Section 35.
    T. 27N., R. 11W. Willamette Meridian: SE\1/4\ Section 35; S\1/2\ 
Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.006

    Map and description of WA-02-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Forks and Mt Olympus, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T. 23N., R. 9W. Willamette Meridian: NW\1/4\, NW\1/4\ SW\1/4\, NW\1/
4\ NE\1/4\ Section 6.
    T. 23N., R. 10W. Willamette Meridian: N\1/2\, N\1/2\ SW\1/4\, SW\1/
4\ SW\1/4\, N\1/2\ SE\1/4\ Section 1; N\1/2\ N\1/2\, SE\1/4\ NE\1/4\ 
Section 2; NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 3; E\1/2\ 
NW\1/4\, NE\1/4\ Section 4; N\1/2\, SW\1/4\ SW\1/4\, NE\1/4\ SW\1/4\, 
SE\1/4\ SE\1/4\, NE\1/4\ SE\1/4\ Section 15; S\1/2\ NW\1/4\, NE\1/4\ 
SW\1/4\, SE\1/4\, NW\1/4\ NE\1/4\, S\1/2\ NE\1/4\ Section 16; NE\1/4\ 
NE\1/4\ Section 22.
    T. 23N., R. 11W. Willamette Meridian: E\1/2\ NW\1/4\, N\1/2\ SE\1/
4\, NE\1/4\ Section 1.
    T. 24N., R. 09W. Willamette Meridian: S\1/2\ N\1/2\, S\1/2\ Section 
3; Sections 4-10; Section 15 except SE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\; 
Sections 16-21; Sections 28-33.
    T. 24N., R. 10W. Willamette Meridian: Sections 1-3; S\1/2\, NE\1/4\ 
Section 4; S\1/2\ Section 5; S\1/2\ Section 6; Sections 7-30; N\1/2\, 
N\1/2\ S\1/2\, SE\1/4\ SE\1/4\ Section 31; Sections 32-36.
    T. 24N., R. 10\1/2\W. Willamette Meridian: S\1/2\ SE\1/4\ Section 1; 
Section 12 except W\1/2\ W\1/2\; Section 13; Section 14 except NW\1/4\ 
NW\1/4\; Sections 23-26; NW\1/4\, N\1/2\ SW\1/4\, N\1/2\ NE\1/4\, SW\1/
4\ NE\1/4\ Section 35; N\1/2\ NW\1/4\, NE\1/4\ Section 36.
    T. 25N., R. 09W. Willamette Meridian: S\1/2\, SE\1/4\ NW\1/4\, S\1/
2\ NE\1/4\ Section 31; NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\ Section 32.
    T. 25N., R. 10W. Willamette Meridian: S\1/2\ SE\1/4\ Section 36.
    Critical Habitat includes only State or County lands described 
within the following areas:


[[Page 283]]


    T. 24N., R. 11W. Willamette Meridian: S\1/2\ SW\1/4\, NE\1/4\ SW\1/
4\, SE\1/4\ Section 12; Sections 13-14; SE\1/4\ SE\1/4\ Section 15; S\1/
2\ S\1/2\ Section 20; S\1/2\ Section 21; E\1/2\ NE\1/4\, S\1/2\ Section 
22; Sections 23-29; Sections 32-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.007

    Map and description of WA-02-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Forks, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.27N., R.11W. Willamette Meridian: N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, 
SW\1/4\ SE\1/4\ Section 27; S\1/2\ NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ 
SW\1/4\, SE\1/4\ Section 28; NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 
29; SW\1/4\ NE\1/4\ Section 34.

    Critical Habitat includes only State or County lands described 
within the following areas:

    T.27N., R.10W. Willamette Meridian: Section 19.
    T.27N., R.11W. Willamette Meridian: S\1/2\ Section 14; S\1/2\ 
Section 15; S\1/2\ Section 16; S\1/2\ Section 17; Sections 18-24; S\1/2\ 
SW\1/4\ Section 27; N\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ 
Section 28; N\1/2\ N\1/2\ Section 29; NE\1/4\ NE\1/4\ Section 30.
    T.27N., R.12W. Willamette Meridian: S\1/2\ Section 10; SW\1/4\ 
Section 11; Sections 13-15; Section 22; Section 23 except SE\1/4\ SE\1/
4\; Section 24; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 25; N\1/2\ NW\1/
4\ Section 26; Section 27 except E\1/2\ SE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.008

    Map and description of WA-03-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Mt Olympus and Shelton, Washington; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.21N., R.07W. Willamette Meridian: N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\ Section 3.
    T.21N., R.08W. Willamette Meridian: Sections 4-9; N\1/2\, SW\1/4\, 
NW\1/4\ SE\1/4\ Section 16; Sections 17-18; NW\1/4\ NW\1/4\ Section 21.
    T.21N., R.09W. Willamette Meridian: Section 1; Section 2 except 
NW\1/4\ NW\1/4\; Section 3 except SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/
4\; Section 4; E\1/2\ Section 5; N\1/2\ Section 6.
    T.22N., R.07W. Willamette Meridian: Section 1; NE\1/4\ NW\1/4\, E\1/
2\ SE\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ Section 2; W\1/2\ Section 3; 
Sections 4-5; SE\1/4\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ 
Section 6; NW\1/4\, N\1/2\ NE\1/4\ Section 7; SE\1/4\ NW\1/4\, NE\1/4\ 
SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, NW\1/4\ NE\1/4\, E\1/2\ NE\1/
4\ Section 8; Section 9; W\1/2\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 
10; NE\1/4\ SE\1/4\, NE\1/4\ Section 11; NW\1/4\ NW\1/4\, S\1/2\ NW\1/
4\, SW\1/4\, W\1/2\ SE\1/4\ Section 12; N\1/2\ NW\1/4\, S\1/2\ SW\1/4\, 
W\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, W\1/2\ NE\1/4\ Section 13; SW\1/4\ 
NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\ Section 14; Section 15 except SE\1/4\ 
NW\1/4\, NE\1/4\ SW\1/4\, SW\1/4\ NE\1/4\; Section 16; Section 17 except 
W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\; SW\1/4\, E\1/2\ SE\1/4\, NE1/4 NE1/4 
Section 19; Section 20 except SE1/4; Section 21 except SE\1/4\ SE\1/4\; 
N\1/2\ Section 22; N\1/2\, E\1/2\ SW\1/4\, W\1/2\ SE\1/4\, NE\1/4\ SE\1/
4\ Section 23; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\ Section 24; NW\1/4\ 
Section 26; S\1/2\ NW\1/4\, SW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 27; 
N\1/2\ NW\1/4\ Section 28; NW\1/4\, N\1/2\ NE\1/4\ Section 29; SW\1/4\ 
SW\1/4\ Section 30; W\1/2\, N\1/2\ SE\1/4\, W\1/2\ NE\1/4\ Section 31; 
W\1/2\ Section 34.
    T.22N., R.08W. Willamette Meridian: E\1/2\ SE\1/4\ Section 1; N\1/2\ 
NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\ NE\1/4\ Section 2; Sections 3-9; W\1/
2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 10; SE\1/4\ NW\1/4\, S\1/2\, 
S\1/2\

[[Page 284]]

NE\1/4\ Section 11; W\1/2\ SW\1/4\, NE\1/4\ NE\1/4\ Section 12; NW\1/4\ 
NW\1/4\, SW\1/4\ SE\1/4\ Section 13; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ 
Section 14; Section 15 except E\1/2\ SE\1/4\, NE\1/4\; Sections 16-21; 
Section 22 except E\1/2\ SE\1/4\, NE\1/4\; E\1/2\ SE\1/4\, NW\1/4\ SE\1/
4\, NE\1/4\ Section 24; SE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ Section 25; 
Section 27 except E\1/2\ E\1/2\; Sections 28-33; N\1/2\ NW\1/4\, SW\1/4\ 
NW\1/4\, SE\1/4\ SW\1/4\, E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, W\1/2\ NE\1/
4\ Section 34; Section 35 except NW\1/4\ NW\1/4\; SE\1/4\ SW\1/4\, S\1/
2\ SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 36.
    T.22N., R.09N. Willamette Meridian: Sections 1-5; E\1/2\, E\1/2\ 
W\1/2\ Section 6; E\1/2\, E\1/2\ W\1/2\ Section 7; Sections 8-25; 
Section 26 except SW\1/4\; Sections 27-33; Section 34 except S\1/2\ 
SE\1/4\; Section 35 except N\1/2\ NW\1/4\, W\1/2\ SW\1/4\.
    T.22N., R.10W. Willamette Meridian: SE\1/4\ Section 13; SE\1/4\ 
NW\1/4\, SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\, SE\1/4\, E\1/2\ NE\1/4\ 
Section 24; SE\1/4\ NW\1/4\, SW\1/4\, E\1/2\ Section 25; W\1/2\ SW\1/4\, 
SE\1/4\ SE\1/4\ Section 27; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 31; 
SW\1/4\ NW\1/4\, E\1/2\ NW\1/4\, S\1/2\, S\1/2\ NE\1/4\ Section 32; 
NW\1/4\ NW\1/4\, S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ SE\1/4\ 
Section 33; W\1/2\ NW\1/4\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\, SE\1/4\ 
SE\1/4\, NE\1/4\ NE\1/4\ Section 34; Section 35 except SW\1/4\ SW\1/4\; 
Section 36.
    T.23N., R.07W. Willamette Meridian: Sections 1-3; S\1/2\, S\1/2\ 
NE\1/4\, NE\1/4\ NE\1/4\ Section 4; SW\1/4\ SW\1/4\ Section 7; SE\1/4\ 
SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 8; Sections 9-17; Section 18 
except N\1/2\ NE\1/4\; Sections 19-30; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ 
Section 31; Section 32-33; Section 34 except S\1/2\ SE\1/4\; Sections 
35-36.
    T.23N., R.08W. Willamette Meridian: S\1/2\ NW\1/4\, N\1/2\ SW\1/4\, 
SE\1/4\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\ Section 11; Section 12 except 
N\1/2\ N\1/2\; Sections 13-14; S\1/2\, NE\1/4\ Section 15; S\1/2\ SE\1/
4\, NE\1/4\ SE\1/4\ Section 16; SE\1/4\ SE\1/4\ Section 20; S\1/2\, 
NE\1/4\ Section 21; Sections 22-29; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
S\1/2\, SE\1/4\ NE\1/4\ Section 30; Sections 31-34; Section 35 except 
E\1/2\ SE\1/4\; N\1/2\, NE\1/4\ SE\1/4\ Section 36.
    T.23N., R.09W. Willamette Meridian: E\1/2\ NW\1/4\, SW\1/4\, SW\1/4\ 
SE\1/4\, W\1/2\ NE\1/4\ Section 15; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ 
Section 16; SE\1/4\ SE\1/4\ Section 19; S\1/2\, S\1/2\ NE\1/4\, NE\1/4\ 
NE\1/4\ Section 20; Sections 21-22; W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ 
SE\1/4\, SE\1/4\ SE\1/4\ Section 23; SW\1/4\ SW\1/4\ Section 24; 
Sections 25-29; SW\1/4\, SW\1/4\, E\1/2\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/
4\ NE\1/4\ NE\1/4\ Section 30; E\1/2\ W\1/2\, E\1/2\ Section 31; 
Sections 32-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.009

    Map and description of WA-03-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Mt Olympus and Shelton, Washington; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.21N., R.06W. Willamette Meridian: W\1/2\, NW1/4 NE\1/4\ Section 3; 
Sections 4-8; E\1/2\, NE\1/4\ Section 9; N\1/2\ NW\1/4\ Section 10.
    T.22N., R.05W. Willamette Meridian: Sections 1-4; S\1/2\, SW\1/4\ 
NW\1/4\, E\1/2\ NW\1/4\, NE\1/4\ Section 5; Sections 6-10; Section 11 
except SE\1/4\ SE\1/4\; W\1/2\ Section 14; N\1/2\ NW\1/4\, W\1/2\ SW\1/
4\ Section 15; Sections 16-18; N\1/2\, W\1/2\ SW\1/4\, N\1/2\ SE\1/4\, 
SE\1/4\ SE\1/4\ Section 19; Sections 20-22; Section 26; Section 28 
except SW\1/4\ SW\1/4\; N\1/2\ NW\1/4\, NE\1/4\ SE\1/4\, N\1/2\ NE\1/4\, 
SE\1/4\ NE\1/4\ Section 29; NW\1/4\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ 
SW\1/4\, W\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 30; 
N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, NE\1/
4\ Section 31; W\1/2\, SE\1/4\, S\1/2\ NE\1/4\ Section 32; W\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\ Section 33; NE\1/4\ Section 34; W\1/2\ W\1/2\, NE\1/
4\ SW\1/4\ Section 36.
    T.22N., R.06W. Willamette Meridian: N\1/2\, E\1/2\ SE\1/4\ Section 
1; NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 2; N\1/2\ NE\1/4\ 
Section 3; NW\1/4\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\, 
W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 5; Section 6 except S\1/2\ SE\1/
4\; N\1/2\ NW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 8; S\1/2\ 
Section 9; S\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, S\1/2\, W\1/2\ NE\1/4\, 
SE\1/4\ NE\1/4\ Section 10; SW\1/4\, SW\1/4\ SE\1/4\ Section 11; NE\1/4\ 
SE\1/4\, S\1/2\ SE\1/4\ Section 12; Section 13; NW\1/4\, N\1/2\ SW\1/4\ 
Section 14; Sections 15-16; E\1/2\ Section 17; N\1/2\ SE\1/4\, SE\1/4\ 
SE\1/4\, S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ Section 19; Sections 20-21; 
W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, W\1/2\ SW\1/4\,

[[Page 285]]

E\1/2\ SE\1/4\ Section 22; S\1/2\, SW\1/4\ NE\1/4\ Section 23; NE\1/4\ 
NW\1/4\, W\1/2\ SW\1/4\, E\1/2\ SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ 
Section 24; S\1/2\ N\1/2\, NW\1/4\ NW\1/4\, N\1/2\ S\1/2\, SE\1/4\ SE\1/
4\, NE\1/4\ NE\1/4\ Section 25; N\1/2\, SW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ 
Section 26; Section 27 except NW\1/4\ NE\1/4\; Sections 28-29; E\1/2\ 
Section 30; Section 31 except W\1/2\ NW\1/4\; Sections 32-34; NW\1/4\ 
Section 35.
    T.23N., R.05W. Willamette Meridian: W\1/2\ W\1/2\ Section 4; S\1/2\ 
N\1/2\, S\1/2\ Section 5; S\1/2\ N\1/2\, S\1/2\ Section 6; Sections 7-9; 
W\1/2\ SW\1/4\ Section 10; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 14; 
NW\1/4\, NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\, S\1/2\ SE\1/4\ Section 15; 
Sections 16-22; Section 23 except SE\1/4\ NE\1/4\, N\1/2\ NE\1/4\; NW\1/
4\ SW\1/4\, S\1/2\ SW\1/4\ Section 24; W\1/2\ Section 25; Sections 26-
35; Section 36 except NE\1/4\.
    T.23N., R.06W. Willamette Meridian: SE\1/4\ NW\1/4\, S\1/2\, S\1/2\ 
NE\1/4\ Section 1; E\1/2\ SE\1/4\ Section 2; SW\1/4\ NW\1/4\, SW\1/4\, 
W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 4; Sections 5-9; NW\1/4\ NW\1/
4\, S\1/2\ N\1/2\, S\1/2\ Section 10; Sections 11-32; Section 33 except 
SE\1/4\ SE\1/4\; Section 34 except SW\1/4\; Sections 35-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.010

    Map and description of WA-04-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Shelton and Chehalis River, Washington; 
1995.
    Critical Habitat includes only State or County lands described 
within the following areas:

    T.16N., R.03W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\, W\1/2\ 
NE\1/4\ Section 4; Sections 5-7; NW\1/4\, W\1/2\ SW\1/4\, W\1/2\ NE\1/
4\, NE\1/4\ NE\1/4\ Section 8; NW\1/4\ NW\1/4\; NW\1/4\ NW\1/4\ Section 
16; W\1/2\, NE\1/4\ Section 17; Section 18; Section 19 except S\1/2\ 
SE\1/4\.
    T.16N., R.04W. Willamette Meridian: Sections 1-17; Section 18 except 
SW\1/4\; NE\1/4\ Section 19; Section 20 except W\1/2\ SW\1/4\; Sections 
21-23; N\1/2\ NW\1/4\ Section 26; Section 27 except E\1/2\ SE\1/4\; N\1/
2\ NW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 28; N\1/2\ 
NW\1/4\, W\1/2\ NE\1/4\ Section 33.
    T.16N., R.05W. Willamette Meridian: S\1/2\ SW\1/4\, SE\1/4\ Section 
1; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 2; N\1/2\, SW\1/4\, NW\1/4\ 
SE\1/4\ Section 11; N\1/2\ Section 12; Section 13 except N\1/2\ NW\1/4\, 
NW\1/4\ NE\1/4\.
    T.17N., R.03W. Willamette Meridian: Section 19; Sections 30-32; 
Section 33 except SE\1/4\ SE\1/4\.
    T.17N., R.04W. Willamette Meridian: Sections 14-36.
    T.17N., R.05W. Willamette Meridian: Section 13; E\1/2\ Section 14; 
S\1/2\, NE\1/4\ Section 23; Sections 24-25; NW\1/4\ SW\1/4\, S\1/2\ S\1/
2\ Section 26; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 
27; Sections 35-36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.011

    Map and description of WA-05-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Chehalis River, Washington; 1995.
    Critical Habitat includes only State or County lands described 
within the following areas:

    T.12N., R.08W. Willamette Meridian: Section 2 except NE\1/4\ NE\1/
4\; Sections 3-5; Section 9; Section 10 except NW\1/4\ NW\1/4\; W\1/2\, 
N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 11; W\1/2\, W\1/2\ NE\1/4\ 
Section 14; Sections 15-16.
    T.12N., R.09W. Willamette Meridian: N\1/2\, N\1/2\ SE\1/4\, SE\1/4\ 
SE\1/4\ Section 1.
    T.13N., R.08W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 4; 
Section 5 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; SE\1/4\ NW\1/4\, S\1/
2\ SE\1/4\, NE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 6; Section 7 except 
SE\1/4\ NW\1/4\; NW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, W\1/2\ NE\1/4\, NE\1/
4\ NE\1/4\ Section 8; SW\1/4\ Section 14; NE\1/4\ SW\1/4\, SE\1/4\ 
Section 15; Sections 16-20; N\1/2\ Section 21; SW\1/4\ NW\1/4\, S\1/2\, 
S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 22; W\1/2\ NW\1/4\, SE\1/4\ 
NW\1/4\, SW\1/4\ Section 23; Section 28-29; Section 30 except N\1/2\ 
N\1/2\; Sections 32-33.
    T.13N., R.09W. Willamette Meridian: Section 16; S\1/2\ N\1/2\, S\1/
2\, NE\1/4\ NE\1/4\ Section 24; E\1/2\ NW\1/4\, NW\1/4\ SE\1/4\, E\1/2\ 
SE\1/4\, NE\1/4\ Section 25; Section 36 except N\1/2\ NW\1/4\.

[[Page 286]]

    T.14N., R.09W. Willamette Meridian: Section 36 except NE\1/4\ NE\1/
4\.
    T.14N., R.10W. Willamette Meridian: S\1/2\, S\1/2\ NE\1/4\ Section 
25; S\1/2\ Section 26; SE\1/4\ Section 27; Section 34 except NW\1/4\ 
NW\1/4\; Section 35 except NW\1/4\ NE\1/4\, SE\1/4\ NE\1/4\; Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.012

    Map and description of WA-05-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
    Critical Habitat includes only State or County lands described 
within the following areas:

    T.10N., R.09W. Willamette Meridian: N\1/2\, N\1/2\ SE\1/4\, NE\1/4\ 
SW\1/4\ Section 3; N\1/2\ NE\1/4\ Section 4.
    T.11N., R.09W. Willamette Meridian: Sections 4-10; W\1/2\ Section 
14; Sections 15-18; Section 19 except SW\1/4\ SW\1/4\; Sections 20-22; 
Sections 27-29; NW\1/4\, E\1/2\ Section 33; Section 34 except SW\1/4\.
    T.11N., R.10W. Willamette Meridian: Section 1; E\1/2\ NW\1/4\, E\1/
2\ Section 2; E\1/2\ E\1/2\ Section 11; Section 12; N\1/2\ NW\1/4\, 
SE\1/4\ NW\1/4\, NW\1/4\ SE\1/4\, E\1/2\ SE\1/4\, NE\1/4\ Section 13; 
Section 36 except E\1/2\ NE\1/4\.
    T.12N., R.10W. Willamette Meridian: NW\1/4\, E\1/2\ NE\1/4\ Section 
34; Section 36.

    Critical Habitat includes only Private lands described within the 
following areas:
    T.11N., R.10W. Willamette Meridian: S\1/2\ NW\1/4\, N\1/2\ SW\1/4\, 
SW\1/4\ SW\1/4\, that portion of the SE\1/4\ SW\1/4\ west of Ellsworth 
Creek, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 35.
    T.10N., R.10W. Willamette Meridian: NW\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ 
Section 2; NE\1/4\ NE\1/4\ Section 3.
[GRAPHIC] [TIFF OMITTED] TR24MY96.013

    Map and description of WA-05-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
    Critical Habitat includes only State or County lands described 
within the following areas:

    T.10N., R.10W. Willamette Meridian: Section 36.

    Critical Habitat includes only Private lands described within the 
following areas:

    T.09N., R.09W. Willamette Meridian: NW1/4, W1/2 NE1/4 Section 5.
    T.10N., R.09W. Willamette Meridian: That portion of the S1/2 SW1/4 
Section 32 south of Bean Creek.
[GRAPHIC] [TIFF OMITTED] TR24MY96.014

    Map and description of WA-05-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Cape Flattery, Washington; Astoria, 
Oregon-Washington; 1995.

[[Page 287]]

    Critical Habitat includes only State or County lands described 
within the following areas:

    T. 10N., R. 06W. Willamette Meridian: Sections 2-5; N\1/2\ Section 
6; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ 
Section 7; Sections 8-10; Sections 14-17; E\1/2\ Section 18; Section 19; 
SW\1/4\ NW\1/4\, SW\1/4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 20; 
Section 21-27; S\1/2\ NW\1/4\, S\1/2\ Section 28; NE\1/4\ Section 29; 
NW\1/4\, W\1/2\ NE\1/4\ Section 30; N\1/2\, N\1/2\ SW\1/4\ Section 33; 
N\1/2\, W\1/2\ SE\1/4\ Section 34; N\1/2\, SW\1/4\, NW\1/4\ SE\1/4\ 
Section 35; N\1/2\, NW\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ 
Section 36.
    T. 10N., R. 08W. Willamette Meridian: N\1/2\ NW\1/4\, NW\1/4\ NE\1/
4\ Section 1; Section 2; NW\1/4\ Section 10; E\1/2\ NW\1/4\, N\1/2\ 
SE\1/4\, NE\1/4\ Section 11; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ 
NE\1/4\ Section 12.
    T. 11N., R. 07W. Willamette Meridian: N\1/2\, SW\1/4\, W\1/2\ SE\1/
4\ Section 8; Section 16 except SE\1/4\ SE\1/4\; Sections 17-20; W\1/2\, 
SW\1/4\ SE\1/4\ Section 21; N\1/2\ Section 29; N\1/2\, SW\1/4\ Section 
30; N\1/2\ NW\1/4\ Section 31; Section 36.
    T. 11N., R. 08W. Willamette Meridian: S\1/2\, S\1/2\ NE\1/4\ Section 
21; NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, SE\1/4\ Section 22; Sections 24-28; 
E\1/2\ SE\1/4\, NE\1/4\ Section 33; N\1/2\, SE\1/4\ Section 34; Sections 
35-36.

    Critical Habitat includes only Private lands described within the 
following areas:

    T. 10N., R. 07W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/
4\ Section 2; NE\1/4\ Section 3.
    T. 11N., R. 07W. Willamette Meridian: S\1/2\ SW\1/4\ Section 35.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.015
    
    Map and description of WA-05-e taken from United States Fish and 
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
    Critical Habitat includes only State or County lands described 
within the following areas:

    T. 08N., R. 04W. Willamette Meridian: S\1/2\ Section 6; N\1/2\ 
Section 7.
    T. 08N., R. 05W. Willamette Meridian: Section 1; NE\1/4\ Section 2; 
E\1/2\, W\1/2\ NE\1/4\ Section 3; Section 4; N\1/2\ SE\1/4\, SE\1/4\ 
SE\1/4\ Section 5; NW\1/4\, SE\1/4\, N\1/2\ NE\1/4\ Section 9; SW\1/4\ 
Section 10; NE\1/4\ Section 12; Section 16; N\1/2\, N\1/2\ SE\1/4\ 
Section 21.
    T. 09N., R. 04W. Willamette Meridian: Section 3; SE\1/4\ Section 7; 
Sections 18-19; Sections 30-31.
    T. 09N., R. 05W. Willamette Meridian: Section 1; N\1/2\ SE\1/4\, 
SE\1/4\ SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 2; SW\1/4\ 
SE\1/4\, E\1/2\ SE\1/4\ Section 10; Section 11 except N\1/2\ NW\1/4\; 
Sections 12-14; Section 15 except N\1/2\ NW\1/4\; S\1/2\ SE\1/4\ Section 
16; SE\1/4\, SE\1/4\ NE\1/4\ Section 21; Sections 22-28; SE\1/4\ SE\1/4\ 
Section 29; W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ SE\1/4\ SE\1/4\, 
E\1/2\ NE\1/4\ Section 33; Section 34 except NW\1/4\; Sections 35-36.
    T.10N., R.04W. Willamette Meridian: Section 28 except NE\1/4\ NE\1/
4\; W\1/2\, NE\1/4\ Section 32; Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.016

    Map and description of WA-05-f taken from United States Fish and 
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
    Critical Habitat includes only Private lands described within the 
following areas:

    T.11N., R.05W. Willamette Meridian: E\1/2\ NW\1/4\, that portion of 
the NE\1/4\ west of the East Fork Chehalis River Section 15.

[[Page 288]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.017

    Map and description of WA-05-g taken from United States Fish and 
Wildlife Service 1:100,000 map; Astoria, Oregon-Washington; 1995.
    Critical Habitat includes only Private lands described within the 
following areas:

    T.11N., R.06W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ 
Section 5; SE\1/4\ NE\1/4\ Section 6.
    T.12N., R.07W. Willamette Meridian: N\1/2\ SW\1/4\ Section 28.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.018
    
    Map and description of WA-05-h taken from United States Fish and 
Wildlife Service 1:100,000 map; Chehalis River, Washington; 1995.
    Critical Habitat includes only State or County lands described 
within the following areas:

    T.12N, R.05W. Willamette Meridian: NW\1/4\ Section 6.
    T.12N, R.06W. Willamette Meridian: NE\1/4\ Section 1; N\1/2\, N\1/2\ 
S\1/2\ Section 3; N\1/2\ N\1/2\ Section 6.
    T.12N, R.07W. Willamette Meridian: N\1/2\, N\1/2\ SW\1/4\ Section 1; 
N\1/2\, N\1/2\ S\1/2\ Section 2, NE\1/4\ Section 3.
    T.12N, R.08W. Willamette Meridian: NE\1/4\ Section 1.
    T.13N, R.05W. Willamette Meridian: S\1/2\ S\1/2\ Section 7; NE\1/4\ 
SW\1/4\, S\1/2\ SW\1/4\, SE\1/4\ Section 8; S\1/2\ SW\1/4\, NE\1/4\ 
SW\1/4\ Section 9; S\1/2\ Section 10; Sections 15-21; Section 22 except 
SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, E\1/2\ E\1/2\; N\1/2\ NW\1/4\, SW\1/4\ 
NW\1/4\ Section 27; NE\1/4\ Section 28; Section 29-31; Section 32 except 
W\1/2\ SW\1/4\.
    T.13N, R.06W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\, NE\1/4\ 
SW\1/4\, W\1/2\ NE\1/4\ Section 5; Sections 6-7; W\1/2\ NW\1/4\ Section 
8; S\1/2\ SE\1/4\ Section 10; S\1/2\ SW\1/4\, SE\1/4\ Section 11; S\1/2\ 
Section 12; Sections 13-15; SE\1/4\ Section 16; Sections 18-33; Section 
34 except SW\1/4\ SW\1/4\; Section 35; N\1/2\, SW\1/4\ NW\1/4\, SW\1/4\ 
SW\1/4\, E\1/2\ SE\1/4\ Section 36.
    T.13N, R.07W. Willamette Meridian: Sections 1-2; Section 3 except 
N\1/2\ NW\1/4\; N\1/2\, W\1/2\ SW\1/4\ Section 6; W\1/2\, SW\1/4\ SE\1/
4\ Section 7; SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section 9; Section 10 
except NE\1/4\; Sections 11-16; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ 
SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 17; NW\1/4\, E\1/2\ Section 
18; S\1/2\ NW\1/4\, S\1/2\, E\1/2\ NE\1/4\ Section 19; N\1/2\, SE\1/4\ 
Section 20; Sections 21-24; Section 27; Section 29 except W\1/2\ NW\1/
4\; S\1/2\ Section 30; W\1/2\ Section 31; NW\1/4\, NW\1/4\ NE\1/4\, 
Section 32; Section 36.
    T.13N, R.08W. Willamette Meridian: S\1/2\ Section 1; S\1/2\ SE\1/4\ 
Section 2; N\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, E\1/2\ Section 12.
    T.14N, R.06W. Willamette Meridian: SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ 
Section 31.
    T.14N, R.07W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 34; SW\1/
4\ SW\1/4\, SE\1/4\ SE\1/4\ Section 35; Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.019

    Map and description of WA-06-a taken from United States Fish and 
Wildlife Service

[[Page 289]]

1:100,000 map; Port Angeles, Mt Olympus and Seattle, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.26N., R.02W. Willamette Meridian: W\1/2\ SW\1/4\, NE\1/4\ SE\1/4\, 
NE\1/4\ Section 2; Section 3 except E\1/2\ NE\1/4\; NW\1/4\, E\1/2\ 
Section 4; W\1/2\, W\1/2\ SE\1/4\, N\1/2\ NE\1/4\ Section 5; Sections 6-
7; W\1/2\, S\1/2\ SE\1/4\ Section 8; S\1/2\ S\1/2\, NE\1/4\ NE\1/4\ 
Section 9; Section 10 except SW\1/4\ NW\1/4\; Section 14 except E\1/2\ 
SE\1/4\; N\1/2\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/
4\, NW\1/4\ NE\1/4\ Section 15; Section 16-21; W\1/2\, SW\1/4\ SE\1/4\ 
Section 22; Section 27 except NE\1/4\ NE\1/4\.
    T.26N., R.03W. Willamette Meridian: Sections 1-3; E\1/2\, E\1/2\ 
W\1/2\ Section 10; Sections 11-13; Section 14 except the SW\1/4\ SW\1/
4\; S\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ 
Section 15; S\1/2\ Section 16; SE\1/4\ SE\1/4\ Section 17; S\1/2\ N\1/
2\, N\1/2\ S\1/2\ Section 19; S\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, N\1/2\ 
SW\1/4\, NE\1/4\ Section 20; NE\1/4\ Section 21; N\1/2\ NW\1/4\, N\1/2\ 
SE\1/4\, NE\1/4\ Section 22; Section 23 except SW\1/4\ SW\1/4\, NE\1/4\ 
SE\1/4\; Section 24 except N\1/2\ SW\1/4\.
    T.26N., R.04W. Willamette Meridian: E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, 
NE\1/4\ Section 24.
    T.27N., R.02W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 5; 
Section 6 except NE\1/4\ NE\1/4\; Section 7; W\1/2\ W\1/2\ Section 8; 
W\1/2\, W\1/2\ SE\1/4\ Section 17; Sections 18-19; Section 20 except the 
NE\1/4\ NE\1/4\; S\1/2\ NW\1/4\, SW\1/4\ Section 28; Sections 29-33; 
W\1/2\, N\1/2\ NE\1/4\ Section 34; N\1/2\ NW\1/4\, E\1/2\ Section 35.
    T.27N., R.03W. Willamette Meridian: Sections 1-2; N\1/2\ SE\1/4\, 
SE\1/4\ SE\1/4\, NE\1/4\ Section 3; Section 11-13; Section 14 except 
SW\1/4\ NW\1/4\; SE\1/4\ Section 15; E\1/2\, SE\1/4\ SW\1/4\ Section 22; 
Sections 23-26; Section 27 except NW\1/4\ NW\1/4\; S\1/2\ Section 28; 
E\1/2\ NW\1/4\, NE\1/4\ Section 33; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 34; Sections 35-36.
    T.28N., R.02W. Willamette Meridian: N\1/2\ N\1/2\, SW\1/4\ NE\1/4\ 
Section 5; SW\1/4\ SW\1/4\ Section 7; S\1/2\ SW\1/4\ Section 8; N\1/2\ 
NW\1/4\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 17; NW\1/4\, S\1/2\ 
NE\1/4\ Section 18; NW\1/4\, S\1/2\ SW\1/4\ Section 20; SW\1/4\ Section 
28; NW\1/4\, W\1/2\ NE\1/4\ Section 29; SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ 
Section 30; S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\, N\1/2\ NE\1/4\ 
Section 31.
    T.28N., R.03W. Willamette Meridian: N\1/2\, W\1/2\ SE\1/4\, NE\1/4\ 
SE\1/4\ Section 1; W\1/2\, SW\1/4\ SE\1/4\, NE\1/4\ Section 2; Sections 
3-10; W\1/2\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 11; S\1/2\ SW\1/
4\, NE\1/4\ SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 12; Sections 13-
23; N\1/2\, NW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section 24; N\1/2\ SW\1/4\, 
W\1/2\ NW\1/4\ Section 25; Sections 26-29; N\1/2\, N\1/2\ SW\1/4\, SW\1/
4\ SW\1/4\, N\1/2\ SE\1/4\ Section 30; NE\1/4\ NW\1/4\, E\1/2\ Section 
32; Section 33 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 34; 
Section 35 except NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; SE\1/4\ Section 36.
    T.28N., R.04W. Willamette Meridian: NE\1/4\ NE\1/4\ Section 1; SE\1/
4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 12; S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, 
SE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ NE\1/4\ Section 13; E\1/2\ SE\1/4\, 
SE\1/4\ NE\1/4\ Section 23; Sections 24-25; SE\1/4\ SW\1/4\, S\1/2\ 
SE\1/4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 26; E\1/2\ W\1/2\, E\1/
2\ Section 35; NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, N\1/2\ NE\1/4\, 
SW\1/4\ NE\1/4\ Section 36.
    T.29N., R.02W. Willamette Meridian: W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
S\1/2\, S\1/2\ NE\1/4\ Section 30; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, 
NE\1/4\ SE\1/4\ Section 31; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\, 
W\1/2\ SE\1/4\ Section 32.
    T.29N., R.03W. Willamette Meridian: Section 19; NW\1/4\, W\1/2\ 
SW\1/4\ Section 20; SE\1/4\ SE\1/4\ Section 22; SE\1/4\ NW\1/4\, S\1/2\, 
SW\1/4\ NE\1/4\, E\1/2\ NE\1/4\ Section 23; Section 24 except NE\1/4\ 
SE\1/4\, SE\1/4\ NE\1/4\; Section 25; N\1/2\, N\1/2\ SW\1/4\, E\1/2\ 
SE\1/4\ Section 26; S\1/2\, SW\1/4\ NE\1/4\, E\1/2\ NE\1/4\ Section 27; 
SE\1/4\ NW\1/4\, SW\1/4\ Section 28; Section 29 except NE\1/4\ NE\1/4\; 
Sections 30-34; S\1/2\, SW\1/4\ NW\1/4\, NE\1/4\ NE\1/4\ Section 35; 
Section 36.
    T.29N., R.04W. Willamette Meridian: S\1/2\, S\1/2\ NW\1/4\, NW\1/4\ 
NW\1/4\, SW\1/4\ NE\1/4\ Section 19; S\1/2\ Section 20; S\1/2\ Section 
21; E\1/2\ W\1/2\, SW\1/4\ SW\1/4\, W\1/2\ SE\1/4\, NE\1/4\ Section 22; 
E\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, E\1/2\, NW\1/4\ NW\1/4\ Section 23; 
Section 24; Section 25 except NW\1/4\ NW\1/4\; W\1/2\ NW\1/4\, NE\1/4\ 
SW\1/4\, E\1/2\ Section 26; N\1/2\, N\1/2\ SE\1/4\ Section 27; Sections 
28-30; N\1/2\ Section 32; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, NW\1/4\ NE\1/
4\ Section 33; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\ Section 
34; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, N\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, 
N\1/2\ SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 35; Section 36 
except SW\1/4\ SW\1/4\.

    Critical Habitat includes only State or County lands described 
within the following areas:

    T.29N., R.03W. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, 
SW\1/4\ SE\1/4\ Section 4; S\1/2\ SW\1/4\, SE\1/4\, SW\1/4\ NE\1/4\ 
Section 5; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, S\1/2\ SE\1/4\ Section 6; 
Section 7 except E\1/2\ NW\1/4\; Sections 8-9; W\1/2\ NW\1/4\, SE\1/4\ 
NW\1/4\, SW\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ Section 10; NW\1/4\, E\1/2\ 
SW\1/4\, SE\1/4\, SE\1/4\ NE\1/4\ Section 11; NW\1/4\, E\1/2\ SW\1/4\ 
Section 13; Section 14 except W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\; N\1/2\ 
NW\1/4\ Section 15; W\1/2\, NW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\ Section 16; 
Section 17; NW\1/4\ NW\1/4\, E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ 
Section 18; S\1/2\ NW\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 21; NE\1/4\ 
NE\1/4\ Section 28.
    T.29N, R.04W. Willamette Meridian: E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ 
Section 1; E\1/2\, SE\1/4\ SW\1/4\ Section 12; E\1/2\ NW\1/4\, NE\1/4\ 
SW\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ Section 18.

[[Page 290]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.020

    Map and description of WA-06-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Mt Olympus and Shelton, Washington; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.23N., R.04W. Willamette Meridian: NW\1/4\, N\1/2\ NE\1/4\ Section 
3; Section 4 except SE\1/4\ SE\1/4\; Sections 5-6; N\1/2\ Section 7; 
N\1/2\ Section 8; NW\1/4\ Section 9.
    T.23N., R.05W. Willamette Meridian: E\1/2\ SW\1/4\, SE\1/4\ Section 
3; NE\1/4\ NW\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 10; S\1/2\ N\1/2\, 
N\1/2\ S\1/2\ Section 11; S\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, NE\1/4\ 
Section 12.
    T.24N., R.03W. Willamette Meridian: Sections 5-6; NW\1/4\, NW\1/4\ 
NE\1/4\ Section 7.
    T.24N., R.04W. Willamette Meridian: Sections 1-5; E\1/2\ E\1/2\ 
Section 6; Section 7 except NW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\; Sections 
8-16; SE\1/4\ SW\1/4\, E\1/2\ Section 17; N\1/2\ NW\1/4\ Section 18; 
N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 
19; Sections 20-24; Section 25 except SE\1/4\ SE\1/4\; Sections 26-29; 
SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 30; Section 31 except 
NW\1/4\ NW\1/4\; Sections 32-35; N\1/2\ NW\1/4\ Section 36.
    T.24N., R.05W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 12; N\1/
2\ NW\1/4\, NE\1/4\ Section 13.
    T.25N., R.03W. Willamette Meridian: Section 1 except E\1/2\ SW\1/4\, 
W\1/2\ SE\1/4\; Sections 2-3; E\1/2\ E\1/2\ Section 4; E\1/2\ E\1/2\ 
Section 9; Sections 10-12; N\1/2\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 13; Sections 14-15; Section 16 except NW\1/4\ NW\1/4\; SE\1/4\ 
NW\1/4\, S\1/2\, S\1/2\ NE\1/4\ Section 17; SE\1/4\ SE\1/4\ Section 18; 
E\1/2\ NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, E\1/2\ Section 19; 
Sections 20-21; Section 22 except S\1/2\ SE\1/4\; SE\1/4\ Section 23; 
S\1/2\ NW\1/4\, S\1/2\ Section 24; Section 25; S\1/2\ NW\1/4\, SW\1/4\, 
E\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 26; NW\1/4\, N\1/2\ S\1/2\, S\1/
2\ NE\1/4\ Section 27; Sections 28-32; Section 33 except E\1/2\ E\1/2\, 
SW\1/4\ SE\1/4\; SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\; NW\1/4\ SE\1/4\, NE\1/
4\ Section 36.
    T.25N., R.04W. Willamette Meridian: E\1/2\ E\1/2\, SW\1/4\ SE\1/4\ 
Section 25; SW\1/4\ Section 26; S\1/2\, S\1/2\ NE\1/4\ Section 27; S\1/
2\, NE\1/4\ Section 33; Sections 34-36.
    T.26N., R.02W. Willamette Meridian: Section 31.
    T.26N., R.03W. Willamette Meridian: Section 25; E\1/2\ Section 26; 
S\1/2\ Section 34; Section 35 except W\1/2\ NW\1/4\; Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.021

    Map and description of WA-07-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Bellingham and Mt. Baker, Washington; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.37N., R.06E. Willamette Meridian: NE\1/4\ Section 1.
    T.37N., R.07E. Willamette Meridian: W\1/2\, W\1/2\ E\1/2\ Section 3; 
Sections 4-5; N\1/2\, N\1/2\ SE\1/4\ Section 6; NE\1/4\ NW\1/4\, N\1/2\ 
NE\1/4\ Section 8; NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 10.
    T.38N., R.06E. Willamette Meridian: Section 1; Sections 12-13; E\1/
2\, E\1/2\ W\1/2\ Section 36.
    T.38N., R.07E. Willamette Meridian: NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ 
SW\1/4\ Section 3; Sections 4-8; Section 9 except S\1/2\ SE\1/4\; W\1/2\ 
NW\1/4\ Section 10; NW\1/4\ Section 16; Section 17 except E\1/2\ SE\1/
4\; Sections 18-19; NW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SW\1/4\ Section 20; 
SW\1/4\, W\1/2\ SE\1/4\ Section 27; E\1/2\ SE\1/4\ Section 28; SW\1/4\ 
SW\1/4\ Section 29; Section 30 except NE\1/4\ SE\1/4\; Sections 31-33; 
W\1/2\ Section 34.
    T.39N., R.06E. Willamette Meridian: Section 25; Section 36.
    T.39N., R.07E. Willamette Meridian: Sections 1-4; Section 5 except 
SW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\; E\1/2\ Section 8; Sections 9-12; 
Sections 14-15; N\1/2\, SE\1/4\ Section 16; NE\1/4\ Section 17; Section 
21 except NW\1/4\; W\1/2\ Section 22; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ 
Section 23; W\1/2\, SW\1/4\ NE\1/4\ Section 27; Section 28; W\1/2\ SW\1/
4\ Section 30; Sections 31-33; W\1/2\ Section 34.

[[Page 291]]

    T.39N., R.08E. Willamette Meridian: Sections 1-12; W\1/2\ Section 
15; Sections 16-17; SE\1/4\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ 
NE\1/4\ Section 19; Sections 20-21; W\1/2\ Section 22.
    T.39N., R.09E. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\, N\1/2\ NE\1/4\ Section 3; Sections 4-8; 
Section 9 except SW\1/4\ SE\1/4\; Section 10 except E\1/2\ E\1/2\; SW\1/
4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 14; NE\1/4\ NW\1/4\, NE\1/4\ SE\1/
4\, NE\1/4\ Section 15; W\1/2\ Section 16; Section 17; NE\1/4\, N\1/2\ 
SE\1/4\, SE\1/4\ SE\1/4\ Section 18; NE\1/4\ NW\1/4\, NE\1/4\ Section 
20; NW\1/4\, N\1/2\ SW\1/4\, W\1/2\ NE\1/4\ Section 21.
    T.40N., R.07E. Willamette Meridian: Sections 1-4; E\1/2\, E\1/2\ 
W\1/2\ Section 5; E\1/2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 8; 
Section 9 except SW\1/4\ SW\1/4\; Sections 10-15; E\1/2\ NW\1/4\, E\1/2\ 
Section 16; SE\1/4\, E\1/2\ SW\1/4\ Section 20; SW\1/4\, E\1/2\ Section 
21; Sections 22-28; E\1/2\ W\1/2\, E\1/2\ Section 29; Sections 32-36.
    T.40N., R.08E. Willamette Meridian: Section 2 except NE\1/4\, NE\1/
4\ NW\1/4\, NE\1/4\ SE\1/4\; Sections 3-10; Section 11 except S\1/2\ 
SE\1/4\; NW\1/4\ Section 12; NW\1/4\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\, 
NE\1/4\ Section 15; Sections 16-20; NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\ 
NE\1/4\ Section 29; Sections 30-31; S\1/2\, W\1/2\ NW\1/4\, S\1/2\ NE\1/
4\ Section 32; Section 33 except NW\1/4\ NW\1/4\; Sections 34-36.
    T.40N., R.09E. Willamette Meridian: SE\1/4\ SE\1/4\ Section 19; S\1/
2\ NW\1/4\, SW\1/4\, W\1/2\ E\1/2\ Section 20; Section 29 except E\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\; S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, S\1/2\ SE\1/
4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 30; Sections 31-32; S\1/2\ 
S\1/2\, N\1/2\ SE\1/4\ Section 33; Section 34 except N\1/2\ N\1/2\; S\1/
2\ N\1/2\, SW\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 35.
    T.41N., R.07E. Willamette Meridian: Sections 32-36.
    T.41N., R.08E. Willamette Meridian: Sections 31-34, W\1/2\ SW\1/4\ 
Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.022

    Map and description of WA-07-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Bellingham, Washington; 1995.
    Critical Habitat includes only State or County lands described 
within the following areas:

    T.37N., R.06E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 20; 
NE\1/4\ NE\1/4\ Section 28.

    Critical Habitat includes only Private lands described within the 
following areas:

    T.37N., R.06E. Willamette Meridian: N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, 
SE\1/4\ Section 20; SW\1/4\ Section 21; Section 28 except NE\1/4\; N\1/
2\ NE\1/4\ Section 29; N\1/2\ NW\1/4\ Section 33.
[GRAPHIC] [TIFF OMITTED] TR24MY96.023

    Map and description of WA-07-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Mt Baker and Sauk River, Washington; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.35N., R.09E. Willamette Meridian: Sections 1-2; E\1/2\ W\1/2\, 
E\1/2\ Section 11; Section 12; NE\1/4\ NE\1/4\ Section 13; NE\1/4\ NW\1/
4\, N\1/2\ NE\1/4\ Section 14.
    T.35N., R.10E. Willamette Meridian: W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
SW\1/4\, S\1/2\ SE\1/4\ Section 6; Section 7; Section 8 except N\1/2\ 
NE\1/4\; W\1/2\ SW\1/4\ Section 9; N\1/2\ NW\1/4\ Section 17; N\1/2\ 
NE\1/4\, NW\1/4\ Section 18.
    T.36N., R.07E. Willamette Meridian: Section 1; E\1/2\ SE\1/4\, NE\1/
4\ Section 2; Section 3; E\1/2\ E\1/2\ Section 4.
    T.36N., R.08E. Willamette Meridian: Section 5; W\1/2\ W\1/2\ Section 
6.
    T.36N., R.09E. Willamette Meridian: Sections 1-4; E\1/2\ Section 5; 
Section 8 except S\1/2\ SE1/4; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, NE\1/4\ 
NE\1/4\ Section 9; N\1/2\ NW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, 
NW\1/4\ NE\1/4\ Section 10; Section 11 except S\1/2\ NW\1/4\, NE\1/4\ 
NW\1/4\; Sections 12-15; Sections 21-24; S\1/2\ NW\1/4\ Section 26; 
Section 27 except SW\1/4\ SW\1/4\; Section 28 except SE\1/4\ SE\1/4\; 
S\1/2\, S\1/2\ NE\1/4\, SE\1/4\ NW\1/4\ Section 33.
    T.36N., R.10E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 5; S\1/
2\ S\1/2\ Section 6; Section 7; W\1/2\ W\1/2\ Section 8; W\1/2\, W\1/2\ 
SE\1/4\ Section 17;

[[Page 292]]

Sections 18-20; SW\1/4\ Section 21; W\1/2\ Section 28; Sections 29-30; 
N\1/2\, SW\1/4\ Section 31; N\1/2\ N\1/2\ Section 32; N\1/2\ NW\1/4\ 
Section 33.
    T.37N., R.07E. Willamette Meridian: S\1/2\ SE\1/4\ Section 9; S\1/
2\, S\1/2\ NE\1/4\ Section 10; S\1/2\, NE\1/4\ Section 11; SW\1/4\ NW\1/
4\, NW\1/4\ SW\1/4\ Section 12; W\1/2\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ 
SW\1/4\, S\1/2\ SE\1/4\ Section 13; Sections 14-15; Section 16 except 
NW\1/4\ NW\1/4\; E\1/2\ SE\1/4\ Section 17; NE\1/4\ NE\1/4\ Section 20; 
Sections 21-27; Section 28 except E\1/2\ E\1/2\, SE\1/4\ SW\1/4\; E\1/
2\, NE\1/4\ NW\1/4\ Section 33; Sections 34-36.
    T.37N., R.08E. Willamette Meridian: Sections 1-3; N\1/2\ NW\1/4\, 
SE\1/4\ NW\1/4\, N\1/2\ SE\1/4\ SE\1/4\ SE\1/4\, NE\1/4\ Section 4; 
NE\1/4\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\ Section 7; S\1/2\ Section 8; 
Section 9 except N\1/2\ NW\1/4\; Sections 10-16; N\1/2\, N\1/2\ SE\1/4\ 
Section 17; SW\1/4\ SW\1/4\, NE\1/4\ NE\1/4\ Section 18; Section 19; 
Section 20 except NE\1/4\ NE\1/4\; Section 21 except NW\1/4\ NW\1/4\; 
Sections 22-36.
    T.37N., R.09E. Willamette Meridian: Sections 1-10; N\1/2\ N\1/2\, 
SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 11; NE\1/4\ 
NE\1/4\ Section 12; N\1/2\ NW\1/4\, W\1/2\ SW\1/4\ Section 14; Sections 
15-22; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 23; SW\1/4\ SW\1/4\ 
Section 25; W\1/2\, SE\1/4\ Section 26; Sections 27-29; Section 30 
except SW\1/4\ SW\1/4\; Section 31 except NW\1/4\ NW\1/4\, S\1/2\ NW\1/
4\, SW\1/4\ SW\1/4\; Sections 32-35; W\1/2\ Section 36.
    T.37N., R.10E. Willamette Meridian: Section 6; N\1/2\ NW\1/4\, NW\1/
4\ NE\1/4\ Section 7.
    T.38N., R.08E. Willamette Meridian: E\1/2\ SE\1/4\ Section 23; S\1/
2\, S\1/2\ NE\1/4\ Section 24; Section 25; E\1/2\, E\1/2\ SW\1/4\ 
Section 26; S\1/2\ SW\1/4\ Section 33; S\1/2\ S\1/2\ Section 34; Section 
35 except W\1/2\ NW\1/4\; Section 36.
    T.38N., R.09E. Willamette Meridian: Sections 13-15; Section 16 
except W\1/2\ NW\1/4\; S\1/2\ SE\1/4\ Section 17; Section 19 except N\1/
2\ N\1/2\; Section 20 except N\1/2\ NW\1/4\; Sections 21-31; Section 32 
except NW\1/4\; Sections 33-36.
    T.38N., R.10E. Willamette Meridian: Section 18 except N\1/2\ NE\1/
4\; Section 19; Sections 30-31.
[GRAPHIC] [TIFF OMITTED] TR24MY96.024

    Map and description of WA-07-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Cape Flattery, Mt Baker and Sauk River, 
Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.34N, R.12E. Willamette Meridian: Sections 1-3; NE\1/4\ NW\1/4\, 
N\1/2\ NE\1/4\ Section 10; N\1/2\ N\1/2\ Section 11; N\1/2\ NW\1/4\, 
NW\1/4\ NE\1/4\ Section 12.
    T.34N, R.13E. Willamette Meridian: W\1/2\ Section 4; Sections 5-6; 
N\1/2\ NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section 
8; NW\1/4\, W\1/2\ NE\1/4\ Section 9.
    T.35N, R.11E. Willamette Meridian: N\1/2\, N\1/2\ SE\1/4\ Section 1; 
N\1/2\, NW\1/4\ SW\1/4\ Section 2; N\1/2\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/
4\ Section 3; Section 4.
    T.35N, R.12E. Willamette Meridian: S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ 
Section 5; W\1/2\, SE\1/4\, S\1/2\ NE\1/4\ Section 6; Sections 7-8; 
Section 9 except NE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ NW\1/4\; SW\1/4\ 
SW\1/4\ Section 10; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 13; Section 
14 except S\1/2\ SE\1/4\; Sections 15-18; Section 19 except SW\1/4\ 
NW\1/4\, W\1/2\ SW\1/4\; Sections 20-22; NW\1/4\, N\1/2\ SW\1/4\, SW\1/
4\ SW\1/4\ Section 23; S\1/2\, S\1/2\ N\1/2\ Section 25; S\1/2\, S\1/2\ 
N\1/2\, NW\1/4\ NW\1/4\ Section 26; Sections 27-29; NE\1/4\, E\1/2\ 
SE\1/4\ Section 30; NE\1/4\ NW\1/4\ Section 31; Sections 32-36.
    T.35N, R.13E. Willamette Meridian: SW\1/4\, SW\1/4\ SE\1/4\ Section 
30; Section 31 except NE\1/4\ NE\1/4\; SW\1/4\, S\1/2\ SE\1/4\ Section 
32; S\1/2\ SW\1/4\ Section 33.
    T.36N, R.11E. Willamette Meridian: SE\1/4\ SW\1/4\, SE\1/4\ Section 
23; SW\1/4\ SW\1/4\ Section 24; W\1/2\ Section 25; Section 26; Section 
27 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; E\1/2\ SE\1/4\ Section 28; 
Sections 33-35; Section 36 except E\1/2\ NE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.025

    Map and description of WA-08-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Bellingham, Mt. Baker and Sauk River, 
Washington; 1995.

[[Page 293]]

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.32N., R.08E. Willamette Meridian: N\1/2\ Section 1; N\1/2\ Section 
3; NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, NE\1/4\ Section 4; N\1/2\ Section 5; 
N\1/2\ Section 6.
    T.33N., R.08E. Willamette Meridian: Sections 1-30; Section 31 except 
S\1/2\ SE\1/4\; Section 32; Section 33 except S\1/2\ SE\1/4\; Section 34 
except SE\1/4\ SW\1/4\; Section 35; Section 36 except N\1/2\ SE\1/4\, 
SE\1/4\ NE\1/4\.
    T.33N., R.09E. Willamette Meridian: W\1/2\, W\1/2\ E\1/2\ Section 2; 
Section 3 except S\1/2\ SW\1/4\; Sections 4-8; Section 9 except E\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\; E\1/2\ E\1/2\, NW\1/4\ NE\1/4\ Section 10; 
W\1/2\, NW\1/4\ SE\1/4\, W\1/2\ NE\1/4\ Section 11; NW\1/4\ NW\1/4\ 
Section 14; NE\1/4\ NE\1/4\ Section 15; W\1/2\ Section 16; Sections 17-
20; Section 21 except NE\1/4\; S\1/2\ SW\1/4\ Section 22; N\1/2\ NW\1/4\ 
Section 29; NW\1/4\, W\1/2\ SW\1/4\, N\1/2\ NE\1/4\ Section 30.
    T.34N., R.07E. Willamette Meridian: Sections 1-6; Section 7 except 
N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\; Section 8 except SW\1/4\ SW\1/4\; 
Sections 9-15; Section 16 except W\1/2\ E\1/2\; Sections 17-21; Section 
22 except SW\1/4\; Sections 23-26; S\1/2\ Section 27; Sections 28-29; 
N\1/2\ NW\1/4\, S\1/2\, NW\1/4\ NE\1/4\ Section 32; Section 33; Section 
34 except SW\1/4\ NE\1/4\.
    T.34N., R.08E. Willamette Meridian: Sections 2-11; Section 12 except 
N\1/2\ NW1/4; Sections 13-28; Section 29 except S\1/2\ NW\1/4\, N\1/2\ 
SW\1/4\; Section 30 except SE\1/4\ NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ 
NE\1/4\; Sections 31-36.
    T.34N., R.09E. Willamette Meridian: Sections 19-22; Sections 27-34.
    T.35N., R.07E. Willamette Meridian: S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ 
Section 27; S\1/2\ Section 28; Section 29 except NW\1/4\ NW\1/4\, NE\1/
4\; SE\1/4\ SW\1/4\, SE\1/4\ Section 30; Sections 31-34; S\1/2\ Section 
35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.026

    Map and description of WA-08-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.33N., R.10E. Willamette Meridian: Section 1.
    T.33N., R.11E. Willamette Meridian: Section 5 except E\1/2\ SE\1/4\; 
Section 6.
    T.34N., R.10E. Willamette Meridian: SE\1/4\ NW\1/4\, NE\1/4\ SW\1/
4\, E\1/2\ Section 10; Sections 11-14; NW\1/4\ NE\1/4\, E\1/2\ E\1/2\ 
Section 15; E\1/2\ SE\1/4\ Section 21; Section 22 except NW\1/4\, NW\1/
4\ NE\1/4\; Sections 23-27; NW\1/4\ NE\1/4\, E\1/2\ E\1/2\ Section 28; 
NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 33; Sections 34-36.
    T.34N., R.11E. Willamette Meridian: Section 5 except N\1/2\ NE\1/4\, 
NE\1/4\ NW\1/4\; Sections 6-8; W\1/2\ SW\1/4\ Section 9; S\1/2\ SE\1/4\, 
SE\1/4\ SW\1/4\ Section 10; SW\1/4\ SW\1/4\ Section 11; W\1/2\ W\1/2\ 
Section 14; Section 15 except NW\1/4\ NW\1/4\; Section 16 except N\1/2\ 
NE\1/4\; Sections 17-22; W\1/2\ W\1/2\ Section 23; W\1/2\ W\1/2\ 
Sections 26-27 except W\1/2\ SW\1/4\; N\1/2\ Section 28; W\1/2\, N\1/2\ 
NE\1/4\, SE\1/4\ NE\1/4\, W\1/2\ SE\1/4\ Section 29; Sections 30-31; 
Section 32 except NE\1/4\ NE\1/4\; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ 
Section 34; NW\1/4\ NW\1/4\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.027

    Map and description of WA-09-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
    Critical Habitat includes only Federal lands described within the 
following areas:

    T.31N., R.07E. Willamette Meridian: W\1/2\, W\1/2\ NE\1/4\ Section 
5; E\1/2\ E\1/2\ Section 6; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ 
Section 7; W\1/2\ Section 8; W\1/2\ Section 17; E\1/2\ E\1/2\ Section 
18.
    T.32N., R.07E. Willamette Meridian: SW\1/4\, SW\1/4\ SE\1/4\ Section 
32.

[[Page 294]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.028

    Map and description of WA-09-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.29N., R.09E. Willamette Meridian: Section 1; N\1/2\ Section 2; 
Sections 3-6; N\1/2\ Section 7; N\1/2\ Section 8; N\1/2\ Section 9; 
NW\1/4\ Section 10.
    T.29N., R.10E. Willamette Meridian: Sections 1-3; W\1/2\ Section 6; 
Sections 11-13.
    T.29N., R.11E. Willamette Meridian: W\1/2\ NW\1/4\ Section 2; NE\1/
4\, NE\1/4\ NW\1/4\ Section 3; NW\1/4\ NW\1/4\ Section 5; Sections 6-7; 
W\1/2\ NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 17; 
Section 18; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\, N\1/2\ SE\1/4\ 
Section 19; N\1/2\, N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\ Section 20.
    T.30N., R.08E. Willamette Meridian: Sections 1-3; N\1/2\ Section 4; 
N\1/2\ Section 5; N\1/2\, SE\1/4\ Section 11; Sections 12-13; E\1/2\ 
Section 14; SW\1/4\ Section 15; Sections 16-17; Section 18 except S\1/2\ 
NW\1/4\, N\1/2\ SW\1/4\; Sections 19-26; N\1/2\ Section 27; N\1/2\ 
Section 28; N\1/2\, SE\1/4\ Section 35.
    T.30N., R.09E. Willamette Meridian: NW\1/4\, SE\1/4\, N\1/2\ NE\1/
4\, SW\1/4\ NE\1/4\ Section 1; E\1/2\ NE\1/4\ Section 2; W\1/2\, SW\1/4\ 
SE\1/4\, N\1/2\ NE\1/4\ Section 6; Section 7; S\1/2\ NW\1/4\, S\1/2\, 
SW\1/4\ NE\1/4\ Section 8; S\1/2\ SE\1/4\ Section 9; S\1/2\ SW\1/4\ 
Section 10; E\1/2\ NW\1/4\, NE\1/4\ Section 12; S\1/2\ NW\1/4\, SW\1/4\, 
W\1/2\ SE\1/4\ Section 14; Section 15; Section 16 except NW\1/4\ NW\1/
4\; SE\1/4\, S\1/2\ NE\1/4\ Section 17; W\1/2\ Section 18; Section 19 
except W\1/2\ NE\1/4\; Section 20 except NE\1/4\ NW\1/4\, SW\1/4\; 
Sections 21-22; Section 23 except NE\1/4\ NE\1/4\; S\1/2\ NW\1/4\, S\1/
2\, SE\1/4\ NE\1/4\ Section 24; Sections 25-36.
    T.30N., R.10E. Willamette Meridian: Sections 1-6; N\1/2\, NE\1/4\ 
SE\1/4\ Section 7; Sections 8-17; E\1/2\ Section 18; Sections 19-28; 
N\1/2\, N\1/2\ SE\1/4\ Section 29; Section 30 except SE\1/4\ SE\1/4\; 
Section 31 except N\1/2\ NE\1/4\; SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ 
Section 32; NE\1/4\, E\1/2\ NW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 33; Sections 34-36.
    T.30N., R.11E. Willamette Meridian: SW\1/4\ SE\1/4\, S\1/2\ NW\1/4\, 
SW\1/4\ Section 5; Sections 6-8; SW\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, SE\1/
4\ Section 9; Section 10 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, NW\1/4\ 
NE\1/4\; Section 15 except SE\1/4\ SE\1/4\; Sections 16-22; NW\1/4\ 
NW\1/4\ Section 27; Section 28 except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; 
Sections 29-31; Section 32 except SE\1/4\; Section 33 except SW\1/4\ 
SW\1/4\; Section 34 except NE\1/4\, N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
NE\1/4\ SE\1/4\.
    T.31N., R.07E. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 1; Sections 12-13.
    T.31N., R.08E. Willamette Meridian: W\1/2\ SW\1/4\ Section 3; S\1/2\ 
Section 4; S\1/2\ Section 5; SE\1/4\ SE\1/4\ Section 6; Section 7; 
Section 8 except S\1/2\ SE\1/4\; N\1/2\, NW\1/4\ SW\1/4\ Section 9; W\1/
2\ NW\1/4\ Section 10; W\1/2\, W\1/2\ SE\1/4\ Section 17; Sections 18-
21; Section 22 except NE\1/4\ NE\1/4\; S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ 
SE\1/4\ Section 23; Section 25 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; 
Sections 26-36.
    T.31N., R.09E. Willamette Meridian: Section 1; E\1/2\ E\1/2\, NW\1/
4\ NE\1/4\ Section 2; E\1/2\, E\1/2\ SW\1/4\ Section 3; E\1/2\ NW\1/4\, 
NE\1/4\ SW\1/4\, W\1/2\ NE\1/4\ Section 10; NE\1/4\ NW\1/4\, SE\1/4\ 
SW\1/4\, E\1/2\ Section 12; Section 13 except W\1/2\ NW\1/4\; Section 23 
except N\1/2\ NW\1/4\; Sections 24-26; S\1/2\ Section 27; N\1/2\ SE\1/
4\, SE\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 28; W\1/2\, SW\1/4\ SE\1/4\ 
Section 31; N\1/2\ NW\1/4\, E\1/2\ Section 35; Section 36.
    T.31N., R.10E. Willamette Meridian: Section 6 except E\1/2\ E\1/2\; 
Sections 7-8; W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 9; SE\1/4\ 
SW\1/4\, SW\1/4\ SE\1/4\ Section 10; Section 15 except E\1/2\ E\1/2\; 
NW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 16; Sections 17-21; 
Section 22 except E\1/2\ NE\1/2\; SW\1/4\ SW\1/4\ Section 23; SW\1/4\, 
S\1/2\ SE\1/4\, SW\1/4\ NW\1/4\ Section 25; Section 26 except NE\1/4\ 
NE\1/4\; Sections 27-36.
    T.31N., R.11E. Willamette Meridian: W\1/2\ NW\1/4\, SW\1/4\ Section 
31.
    T.32N., R.08E. Willamette Meridian: SW\1/4\ Section 14; S\1/2\ 
Section 15; E\1/2\ NE\1/4\ Section 21; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ 
Section 22; Section 23 except NE\1/4\ NE\1/4\; W\1/2\ SW\1/4\, NW\1/4\ 
SE\1/4\, SW\1/4\ NE\1/4\ Section 24; W\1/2\ NW\1/4\ Section 25; N\1/2\ 
N\1/2\ Section 26.
    T.32N., R.09E. Willamette Meridian: S\1/2\ Section 26; N\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\, SE\1/4\ Section 27; N\1/2\ SE\1/4\ Section 28; E\1/
2\ Section 34; E\1/2\, N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ 
Section 35; Section 36 except NE\1/4\, NE\1/4\ SE\1/4\.
    T.32N., R.10E. Willamette Meridian: Section 31 except E\1/2\ E\1/2\, 
NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\.

[[Page 295]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.029

    Map and description of WA-09-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Sauk River and Skykomish River, 
Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.27N., R.09E. Willamette Meridian: E\1/2\ NW\1/4\, NE\1/4\ Section 
1.
    T.27N., R.10E. Willamette Meridian: N\1/2\ N\1/2\ Section 6.
    T.28N., R.09E. Willamette Meridian: S\1/2\ S\1/2\ Section 23; S\1/2\ 
SW\1/4\ Section 24; Section 25; Section 26 except N\1/2\, SW\1/4\ SW\1/
4\; SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ 
Section 36.
    T.28N., R.10E. Willamette Meridian: S\1/2\ Section 19; Section 20 
except NW\1/4\ NW\1/4\; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section 21; 
SE\1/4\ SE\1/4\ Section 23; S\1/2\ SW\1/4\ Section 24; NW\1/4\, N\1/2\ 
SW\1/4\, W\1/2\ NE\1/4\ Section 25; S\1/2\ NW\1/4\, SW\1/4\, W\1/2\ 
SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 26; S\1/2\ Section 27; NW\1/
4\, NW\1/4\ NE\1/4\ Section 29; N\1/2\, SW\1/4\ Section 30; Section 31 
except SW\1/4\ NW\1/4\; Section 32 except E\1/2\ E\1/2\.
    T.29N., R.08E. Willamette Meridian: SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 22; NE\1/4\ SE\1/4\ Section 25; NW\1/4\, N\1/2\ NE\1/4\ Section 
27; E\1/2\ NE\1/4\ Section 28.
    T.29N., R.09E. Willamette Meridian: Section 30 except N\1/2\ N\1/2\.

    Critical Habitat includes only State or County lands described 
within the following areas:

    T.27N., R.09E. Willamette Meridian: NW\1/4\ NW\1/4\, SW\1/4\ Section 
2; N\1/2\, NE\1/4\ SW\1/4\, SE\1/4\ Section 3; NE\1/4\ NE\1/4\ Section 
4; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 10; NW\1/4\, S\1/2\ SW\1/4\, 
SE\1/4\, S\1/2\ NE\1/4\ Section 11; Section 12; Section 13 except SE\1/
4\ SE\1/4\; N\1/2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 14.
    T.27N., R.10E. Willamette Meridian: Section 7; S\1/2\ Section 8; 
Section 9 except N\1/2\ NW\1/4\; NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/
4\ Section 10; N\1/2\ NW\1/4\ Section 16; N\1/2\, NW\1/4\ SW\1/4\ 
Section 17; Section 18 except W\1/2\ SW\1/4\, SE\1/4\ SE\1/4\.
    T.28N., R.08E. Willamette Meridian: Sections 1-2; Section 3 except 
N\1/2\ NW\1/4\; Sections 4-5; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 6; 
Section 7; E\1/2\ SE\1/4\, NE\1/4\ Section 8; SE\1/4\ SW\1/4\, E\1/2\ 
E\1/2\, SW\1/4\ SE\1/4\, NW\1/4\ NE\1/4\ Section 9; Sections 10-12; N\1/
2\ N\1/2\, NW\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 13; N\1/2\ Section 
14; Section 15; S\1/2\ S\1/2\, E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\ Section 
16; Section 17 except NW\1/4\ SW\1/4\, NW\1/4\; Section 18 except SW\1/
4\; W\1/2\ Section 20; N\1/2\ NW\1/4\ Section 21; NE\1/4\ NW\1/4\, NE\1/
4\ Section 36.
    T.28N., R.09E. Willamette Meridian: Sections 1-4; S\1/2\ Section 5; 
N\1/2\, SW\1/4\ Section 6; W\1/2\, W\1/2\ E\1/2\ Section 7; NE\1/4\ 
Section 8; Sections 9-11; Section 12 except S\1/2\ SE\1/4\; S\1/2\ S\1/
2\, NE\1/4\ SE\1/4\ Section 13; Sections 14-16; N1/2 NW\1/4\, SE\1/4\ 
NW\1/4\, E\1/2\ Section 17; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 20; Section 21; Section 27; Section 28 except E\1/2\ SW\1/4\; 
Section 29 except NW\1/4\; N\1/2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ 
Section 31; N\1/2\ N\1/2\, S\1/2\ NW\1/4\ Section 32; N\1/2\ NW\1/4\, 
S\1/2\ Section 33; Section 34 except NE\1/4\ SE\1/4\; SW\1/4\ Section 
35.
    T.28N., R.10E. Willamette Meridian: W\1/2\ Section 2; Section 3; 
Section 4 except N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; Sections 5-6; NW\1/4\ 
Section 7.
    T.29N., R.08E. Willamette Meridian: Sections 1-21; Section 22 except 
SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\; Section 23 except SW\1/4\ SW\1/4\; 
Section 24; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\, S\1/2\ S\1/2\ 
Section 25; SW\1/4\ NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\, N\1/2\ NE\1/4\ 
Section 26; Section 27 except NW\1/4\, N\1/2\ NE\1/4\; N\1/2\ NW\1/4\, 
SE\1/4\ Section 28; Sections 29-30; Sections 32-34; Section 35 except 
S\1/2\ SW\1/4\; Section 36.
    T.29N., R.09E. Willamette Meridian: S\1/2\ Section 2; S\1/2\ Section 
7; S\1/2\ Section 8; S\1/2\ Section 9; S\1/2\, NE\1/4\ Section 10; 
Sections 11-12; W\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, SE\1/4\, E\1/2\ NE\1/4\ 
Section 13; Sections 14-19; Section 20 except S\1/2\ SW\1/4\; Section 
21; Section 22 except S\1/2\ S\1/2\; Section 23 except S\1/2\ S\1/2\; 
NE\1/4\ Section 24; Section 25; Section 26 except NW\1/4\, N\1/2\ NE\1/
4\; SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ Section 27; S\1/2\ SW\1/4\, SW\1/4\ 
SE\1/4\ Section 29; N\1/2\ N\1/2\ Section 30; W\1/2\, NW\1/4\ SE\1/4\, 
W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 31; Section 32 except W\1/2\ 
NW\1/4\, NW\1/4\ SW\1/4\; Section 33 except NE\1/4\ NW\1/4\, N\1/2\ 
NE\1/4\; Section 34 except SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\; Sections 
35-36.
    T.29N., R.10E. Willamette Meridian: Section 4 except W\1/2\ SW\1/4\; 
SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 6; Sections 7-
8; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 9; Section 10 except SE\1/4\ 
SW\1/4\; Section 14; Section 15 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; 
Sections 16-24; Section 25 except SE\1/4\ SE\1/4\; Section 26 except 
NW\1/4\ SW\1/4\; Sections 28-33; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/
4\ SW\1/4\, S\1/2\ SE\1/4\ Section 34; Section 36.
    T.30N., R.10E. Willamette Meridian: S\1/2\ Section 27; S\1/2\ 
Section 28; Sections 29-34; SW\1/4\ Section 35; Section 36.

[[Page 296]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.030

    Map and description of WA-09-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.29N., R.12E. Willamette Meridian: SW\1/4\ Section 3; Section 4 
except N\1/2\ NE\1/4\; Section 5; Sections 8-10; SW\1/4\, SW\1/4\ SE\1/
4\ Section 11; Section 13 except E\1/2\, SE\1/4\ SW\1/4\; Sections 14-
17; NE\1/4\ SE\1/4\ Section 18; NE\1/4\ Section 20; N\1/2\, N\1/2\ N\1/
2\ Section 21; N\1/2\, N\1/2\ SW\1/4\ Section 22; N\1/2\ Section 23; 
NW\1/4\ NW\1/4\ Section 24.
    T.30N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SE\1/4\ Section 
1; S\1/2\ S\1/2\ Section 2; Sections 11-12; N\1/2\ Section 13; N\1/2\ 
Section 14.
    T.30N., R.12E. Willamette Meridian: S\1/2\ Section 6; Section 7; 
SW\1/4\ NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\ Section 8; SW\1/4\ NW\1/4\, 
SW\1/4\ Section 16; Sections 17-18; N\1/2\ NW\1/4\, E\1/2\, SE\1/4\ 
NW\1/4\, NE\1/4\ SW\1/4\ Section 19; Section 20; NW\1/4\, NW\1/4\ SW\1/
4\, W\1/2\ NE\1/4\ Section 21; Section 29 except E\1/2\ NE\1/4\; N\1/2\ 
NW\1/4\, E\1/2\ SW\1/4\, E\1/2\ Section 32; W\1/2\ SW\1/4\, SE\1/4\ 
SW\1/4\ Section 33.
[GRAPHIC] [TIFF OMITTED] TR24MY96.031

    Map and description of WA-09-e taken from United States Fish and 
Wildlife Service 1:100,000 map; Sauk River, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.31N., R.11E. Willamette Meridian: N\1/2\ Section 1; N\1/2\ NW\1/
4\, SW\1/4\ NW\1/4\, SW\1/4\, N\1/2\ NE\1/4\ Section 2; Section 3; 
Section 4 except SE\1/4\ SE\1/4\; E\1/2\ NW\1/4\, E\1/2\ Section 5; N\1/
2\ NW\1/4\, W\1/2\ NE\1/4\ Section 9; E\1/2\ NW\1/4\, E\1/2\ Section 10; 
W\1/2\, W\1/2\ SE\1/4\ Section 11; W\1/2\, W\1/2\ NE\1/4\, SE\1/4\ 
Section 14; E\1/2\ SW\1/4\, E\1/2\ Section 15; E\1/2\ NW\1/4\, NE\1/4\ 
Section 22; N\1/2\ N\1/2\ Section 23.
    T.31N., R.12E. Willamette Meridian: N\1/2\ NE\1/4\ Section 4; NW\1/
4\, W\1/2\ NE\1/4\ Section 5; N\1/2\, N\1/2\ SE\1/4\ Section 6.
    T.32N., R.10E. Willamette Meridian: Sections 1-3; Sections 10-14; 
N\1/2\ N\1/2\, SE\1/4\ NE\1/4\ Section 15; Sections 23-25; N\1/2\, SE\1/
4\ Section 26; N\1/2\ NE\1/4\ Section 36.
    T.32N., R.11E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 1; 
Section 2; E\1/2\ W\1/2\, E\1/2\ Section 3; Sections 5-8; W\1/2\ NW\1/
4\, S\1/2\ Section 9; Section 10 except NW\1/4\ NW\1/4\; Section 11; 
W\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ Section 12; Sections 13-
30; N\1/2\, NE\1/4\ SW\1/4\, SE\1/4\ Section 31; Section 32-36.
    T.32N., R.12E. Willamette Meridian: S\1/2\ S\1/2\, NE\1/4\ SE\1/4\ 
Section 7; S\1/2\, S\1/2\ NE\1/4\ Section 8; Section 9 except N\1/2\ 
N\1/2\; SW\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 10; S\1/2\ 
SW\1/4\ Section 13; W\1/2\, S\1/2\ SE\1/4\ Section 14; Sections 15-16; 
Section 17 except SE\1/4\ SE\1/4\; Sections 18-19; Section 20 except 
NE\1/4\ NE\1/4\; Sections 21-23; Section 24 except NE\1/4\ NE\1/4\; 
NW\1/4\, NW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\ Section 25; Sections 26-33; 
N\1/2\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ Section 34; N\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\ Section 35.
    T.33N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 15; E\1/2\ SW\1/4\, SE\1/4\ Section 16; Sections 21-22; S\1/2\ 
NW\1/4\, SW\1/4\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 23; W\1/2\, 
W\1/2\ E\1/2\ Section 25; Section 26 except NE\1/4\ NE\1/4\;

[[Page 297]]

Section 27; E\1/2\ NW\1/4\, E\1/2\ SE\1/4\, NE\1/4\ Section 28; Section 
34 except W\1/2\ SW\1/4\; Section 35; NW\1/4\, W\1/2\ SW\1/4\ Section 
36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.032

    Map and description of WA-10-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Skykomish River, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.26N., R.10E. Willamette Meridian: W\1/2\ W\1/2\ Section 4; NW\1/4\ 
NW\1/4\, E\1/2\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 5; Section 7 
except NE\1/4\ NE\1/4\; S\1/2\ SW\1/4\, SE\1/4\ Section 8; Section 9 
except N\1/2\ N\1/2\; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ 
Section 10; S\1/2\ SW\1/4\ Section 11; S\1/2\ Section 13; Section 14 
except N\1/2\ NE\1/4\; Sections 15-19; N\1/2\ NW\1/4\, E\1/2\ Section 
20; Sections 21-23; Section 24 except E\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, 
NW\1/4\ NE\1/4\; N\1/2\ N\1/2\ Section 25; N\1/2\ N\1/2\ Section 26; 
N\1/2\ Section 27; N\1/2\ Section 28; N\1/2\ NE\1/4\ Section 29; W\1/2\, 
W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 30.
    T.26N., R.11E. Willamette Meridian: Section 2; Sections 4-7; NW\1/
4\, W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ NE\1/4\ Section 8; NW\1/4\, 
N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, N\1/2\ NE\1/4\ Section 18; E\1/2\ 
Section 19; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section 20; NW\1/4\ NW\1/4\ 
Section 29; N\1/2\ N\1/2\ Section 30.
    T.27N., R.09E. Willamette Meridian: S\1/2\ SE\1/4\ Section 19; 
Section 30 except NW\1/4\ NW\1/4\; Section 31; W\1/2\, NW\1/4\ SE\1/4\, 
W\1/2\ NE\1/4\ Section 32.
    T.27N., R.10E. Willamette Meridian: Section 1 except NW\1/4\ NW \1/
4\; E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 2; E\1/2\, E\1/2\ SW\1/4\ 
Section 11; Sections 12-13; Section 14 except SW\1/4\; E\1/2\ SE\1/4\ 
Section 15; NE\1/4\ NE\1/4\ Section 22; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ 
Section 23; Section 24; N\1/2\ N\1/2\, SE\1/4\ NE\1/4\ Section 25; SW\1/
4\ SW\1/4\, E\1/2\ SW\1/4\, E\1/2\ Section 26; E\1/2\ NW\1/4\, NE\1/4\ 
SW\1/4\, E\1/2\ Section 31; Section 32; Sections 35-36.
    T.27N., R.11E. Willamette Meridian: Sections 1-20; W\1/2\ NW\1/4\, 
N\1/2\ SW\1/4\, SE\1/4\ Section 21; Sections 22-36.
    T.27N., R.12E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 2; 
Section 3 except N\1/2\ NE\1/4\; Sections 4-10; W\1/2\ W\1/2\, NW\1/4\ 
SW\1/4\ Section 11; N\1/2\ N\1/2\ Section 15; N\1/2\, W\1/2\ SW\1/4\, 
NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ Section 16; Sections 17-19; W\1/2\ 
Section 20; W\1/2\ Section 29; Sections 30-31; NW\1/4\, N\1/2\ SW\1/4\, 
SW\1/4\ SW\1/4\ Section 32.
    T.28N., R.10E. Willamette Meridian: SW\1/4\ SE\1/4\, E\1/2\ SE\1/4\ 
Section 36.
    T.28N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 10; E\1/2\ SW\1/4\, SE\1/4\ Section 12; Section 13 except W\1/2\ 
W\1/2\; Section 15 except NE\1/4\ NE\1/4\; Section 16; S\1/2\, SE\1/4\ 
NW\1/4\, S\1/2\ NE\1/4\ Section 17; E\1/2\ SE\1/4\ Section 18; E\1/2\ 
E\1/2\, SW\1/4\ SE\1/4\ Section 19; Sections 20-29; E\1/2\ Section 30; 
Section 31 except NW\1/4\ NW\1/4\; Sections 32-36.
    T.28N., R.12E. Willamette Meridian: S\1/2\ NW\1/4\, SW\1/4\, SW\1/4\ 
SE\1/4\ Section 3; SW\1/4\ SE\1/4\, E\1/2\ SE\1/4\ Section 4; Section 7 
except N\1/2\ N\1/2\; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 
8; Section 9 except NW\1/4\ NW\1/4\; Section 10; SW\1/4\ SW\1/4\ Section 
11; W\1/2\, W\1/2\ SE\1/4\ Section 14; Sections 15-23; SW\1/4\ NW\1/4\ 
Section 25; N\1/2\ Section 26; N\1/2\ Section 27; W\1/2\, NE\1/4\, SW\1/
4\ SE\1/4\ Section 28; Sections 29-32; W\1/2\, W\1/2\ E\1/2\ Section 33.
[GRAPHIC] [TIFF OMITTED] TR24MY96.033

    Map and description of WA-10-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Skykomish River, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.25N., R.10E. Willamette Meridian: Sections 3-5; S\1/2\, SE\1/4\ 
NE\1/4\ Section 6; Sections 7-8; W\1/2\, W\1/2\ SE\1/4\ Section 9; NE\1/
4\ Section 10; W\1/2\, S\1/2\ SE\1/4\ Section 16; Section 17; N\1/2\, 
SE\1/4\, NE\1/4\ SW\1/4\ Section 18; NE\1/4\ Section 20; N\1/2\, N\1/2\ 
SE\1/4\ Section 21; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, S\1/2\ Section 22; 
SW\1/4\ SW\1/4\ Section 23; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 25; 
NW\1/4\, N\1/2\

[[Page 298]]

SW\1/4\, SE\1/4\ SW\1/4\, SE\1/4\, S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ 
Section 26; NE\1/4\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 27.
    T.25N., R.11E. Willamette Meridian: Sections 1-4; Sections 9-12; 
N\1/2\, N\1/2\ S\1/2\ Section 13; N\1/2\, N\1/2\ S\1/2\ Section 14; 
Section 15; N\1/2\, SW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 16; 
SE\1/4\, SE\1/4\ SW\1/4\ Section 17; SE\1/4\, S\1/2\ NE\1/4\ Section 19; 
NW\1/4\, NW\1/4\ SW\1/4\, N\1/2\ NE\1/4\ Section 20; Section 22 except 
SW\1/4\ SW\1/4\; W\1/2\ W\1/2\ Section 23; NE\1/4\ SW\1/4\, NE\1/4\ 
SE\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 27.
    T.25N., R.12E. Willamette Meridian: Sections 1-5; W\1/2\ Section 6; 
Section 7; Section 8 except NE\1/4\ NW\1/4\; Sections 9-13; N\1/2\ NW\1/
4\, N\1/2\ SE\1/4\, NE\1/4\ Section 14; Sections 16-20; NW\1/4\, W\1/2\ 
SW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 21; 
W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 28; N\1/2\, N\1/2\ S\1/2\ 
Section 29; NE\1/4\ SE\1/4\, NE\1/4\ Section 30.
    T.25N., R.13E. Willamette Meridian: W\1/2\ W\1/2\ Section 6; W\1/2\ 
Section 7; W\1/2\, W\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 18; W\1/2\ 
Section 19.
    T.26N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\ Section 27; SE\1/
4\ SE\1/4\ Section 28; S\1/2\ SW\1/4\, E\1/2\ Section 32; N\1/2\ SW\1/
4\, NE\1/4\ Section 33; Sections 34-35; S\1/2\ Section 36.
    T.26N., R.12E. Willamette Meridian: Section 1; NW\1/4\, E\1/2\ 
Section 2; N\1/2\ NE\1/4\ Section 3; E\1/2\ E\1/2\ Section 11; Sections 
12-13; E\1/2\ E\1/2\, NW\1/4\ SE\1/4\ Section 24; N\1/2\, N\1/2\ S\1/2\ 
Section 25; S\1/2\ NE\1/4\ Section 34; Sections 35-36
    T.26N., R.13E. Willamette Meridian: S\1/2\ S\1/2\, NE\1/4\ SE\1/4\ 
Section 6; Section 8; S\1/2\ Section 10; Sections 18-19; W\1/2\ W\1/2\, 
SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, E\1/2\ SE\1/4\ Section 20; S\1/2\, 
SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 21; W\1/2\ SW\1/4\ Section 22; 
W\1/2\ Section 27; Section 28 except SW\1/4\ SE\1/4\; N\1/2\, NW\1/4\ 
SW\1/4\, S\1/2\ S\1/2\ Section 29; N\1/2\, SW\1/4\ Section 30; E\1/2\ 
NE\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section 31; N\1/2\, N\1/2\ 
SW\1/4\ Section 32.
    T.27N., R.12E. Willamette Meridian: S\1/2\ S\1/2\ Section 13; NE\1/
4\ SW\1/4\, S\1/2\ SW\1/4\, SE\1/4\ Section 22; Section 23 except NW\1/
4\ NW\1/4\; Sections 24-27; Section 34 except SW\1/4\ SW\1/4\; Sections 
35-36.
    T.27N., R.13E. Willamette Meridian: SW\1/4\ SW\1/4\ Section 18; W\1/
2\ Section 19; NW\1/4\, W\1/2\ SW\1/4\ Section 30.
[GRAPHIC] [TIFF OMITTED] TR24MY96.034

    Map and description of WA-10-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Cape Flattery, Skykomish River and 
Snoqualmie Pass, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.20N., R.10E. Willamette Meridian: S\1/2\ N\1/2\, S\1/2\ Section 2.
    T.21N., R.10E. Willamette Meridian: NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ 
Section 36.
    T.22N., R.09E. Willamette Meridian: S\1/2\ S\1/2\ Section 2; N\1/2\ 
NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ Section 11; W\1/2\ NW\1/4\, S\1/2\, 
NE\1/4\ NW\1/4\, SE\1/4\ NE\1/4\ Section 12.
    T.22N., R.10E. Willamette Meridian: S\1/2\, NE\1/4\, S\1/2\ NW\1/4\ 
Section 13; S\1/2\, SE\1/4\ NE\1/4\ Section 14; W\1/2\, SE\1/4\ Section 
18; Section 20; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ Section 
22; Sections 23-26; SE\1/4\ Section 28; NE\1/4\ NE\1/4\ Section 34; N\1/
2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 35; N\1/2\ N\1/2\ Section 36.
    T.22N., R.11E. Willamette Meridian: S\1/2\ SW\1/4\, SE\1/4\ Section 
18; W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, SE\1/4\ SW\1/4\ Section 20.
    T.23N., R.10E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 2; W\1/
2\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 3; Sections 4-9; W\1/2\, 
SW\1/4\ SE\1/4\ Section 10; W\1/2\, W\1/2\ E\1/2\ Section 15; Sections 
16-21; Section 22 except NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\; Section 27; 
NW\1/4\ NW\1/4\, E\1/2\ SE\1/4\, NE\1/4\ Section 28; N\1/2\ N\1/2\ 
Section 29.
    T.23N., R.11E. Willamette Meridian: Section 6 except E\1/2\ NE\1/4\, 
NE\1/4\ SE\1/4\; Section 7; SW\1/4\ Section 8; W\1/2\ NW\1/4\ Section 
17; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 18.

[[Page 299]]

    T.24N., R.10E. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, 
E\1/2\ NE\1/4\ Section 9; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ Section 10; 
SW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\ Section 11; W\1/2\ W\1/2\, 
SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ Section 15; N\1/2\, 
N\1/2\ SW\1/4\, SE\1/4\ Section 16; E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\ 
Section 17; SE\1/4\ SW\1/4\, SE\1/4\ Section 21; Section 22 except NE\1/
4\ NE\1/4\; SW\1/4\, SW\1/4\ NW\1/4\, S\1/2\ SE\1/4\ Section 23; SW\1/4\ 
SW\1/4\ Section 24; Section 25 except E\1/2\ SE\1/4\, NE\1/4\; NE\1/4\ 
NW\1/4\, S\1/2\, NE\1/4\ Section 26; Section 27; Section 28 except NW\1/
4\; Section 29 except NW\1/4\ NW\1/4\; Sections 31-36.
    T.24N., R.11E. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, 
SW\1/4\ SE\1/4\ Section 31.
[GRAPHIC] [TIFF OMITTED] TR24MY96.035

    Map and description of WA-11-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Snoqualmie Pass and Mt Rainier, 
Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.17N., R.10E. Willamette Meridian: Sections 1-3; E\1/2\ E\1/2\ 
Section 4.
    T.17N., R.11E. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ 
Section 6; NE\1/4\ NW\1/4\ Section 7.
    T.18N., R.08E. Willamette Meridian: Sections 1-2; NW\1/4\, E\1/2\ 
Section 3; N\1/2\ Section 4; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 10; 
Section 11 except S\1/2\ SW\1/4\; Sections 12-13; S\1/2\ SW\1/4\, NE\1/
4\ SW\1/4\, E\1/2\ Section 14; E\1/2\ E\1/2\ Section 22; Sections 23-25; 
N\1/2\, N\1/2\ SE\1/4\ Section 26; E\1/2\ NE\1/4\ Section 27; SE\1/4\ 
SW\1/4\, SE\1/4\ Section 36.
    T.18N., R.09E. Willamette Meridian: Sections 1-30; Section 31 except 
NW\1/4\ NW\1/4\; Sections 32-36.
    T.18N., R.10E. Willamette Meridian: Sections 1-12; NW\1/4\, N\1/2\ 
SW\1/4\, SW\1/4\ SW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 13; 
Sections 14-23; SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\, S\1/2\ S\1/2\ Section 
24; Sections 25-35; Section 36 except SE\1/4\ NE\1/4\.
    T.18N., R.11E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 2; N\1/
2\ N\1/2\ Section 3; N\1/2\ NW\1/4\ Section 4; N\1/2\ NE\1/4\, SW\1/4\ 
NW\1/4\ Section 5; Section 6; NW\1/4\, N\1/2\ SW\1/4\, W\1/2\ NE\1/4\ 
Section 7; W\1/2\ Section 30; N\1/2\ NW\1/4\ Section 31.
    T.19N., R.10E. Willamette Meridian: Section 4; Section 6; Section 8; 
W\1/2\, S\1/2\ SE\1/4\ Section 10; S\1/2\ SW\1/4\, SE\1/4\ Section 12; 
Section 14; Section 16; Section 18; Section 20; Section 22; Sections 24-
26; Section 28; W\1/2\, SE\1/4\ Section 30; Section 32; W\1/2\, SE\1/4\ 
Section 34; Section 36.
    T.19N., R.11E. Willamette Meridian: W\1/2\, SE\1/4\ Section 18; 
Section 20; Section 28; Sections 30-32, Section 34 except NW\1/4\ NE\1/
4\.
    T.20N., R.10E. Willamette Meridian: W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 28; Section 30; Section 32 except NW\1/4\ SE\1/4\, SW\1/4\ NE\1/
4\, N\1/2\ NE\1/4\; Section 34 except SE\1/4\ SE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.036

    Map and description of WA-11-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Snoqualmie Pass and Mt Rainier, 
Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.17N, R.07E. Willamette Meridian: S\1/2\ N\1/2\, S\1/2\, NE\1/4\ 
NE/14 Section 4; E\1/2\ SE\1/4\ Section 5; Section 8 except W\1/2\ NW\1/
4\; Section 9; Sections 16-21; Section 28; N\1/2\ N\1/2\ Section 29; 
Section 30.
    T.18N, R.07E. Willamette Meridian: SW\1/4\, SW\1/4\ SE\1/4\ Section 
12; NW\1/4\, W\1/2\ NE\1/4\ Section 13; SE\1/4\ NW\1/4\, SW\1/4\, N\1/2\ 
SE\1/4\, NE\1/4\ Section 14; E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ 
SE\1/4\, NE\1/4\ Section 22; NW\1/4\ NW\1/4\ Section 23; Section 36 
except W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\.
    T.18N, R.08E. Willamette Meridian: SW\1/4\ Section 20; S\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\ Section 28; Section 29 except NE\1/4\; S\1/2\ SW\1/
4\, NE\1/4\ SW\1/4\, SE\1/4\ Section 30; Sections 31-34; SW\1/4\ NW\1/
4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 35.

[[Page 300]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.037

    Map and description of WA-11-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Tacoma and Centralia, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.13N., R.03E. Willamette Meridian: Section 2; Section 4; Section 8; 
Section 10; Section 12; Section 14; Section 16; N\1/2\ NW\1/4\, SE\1/4\ 
NW\1/4\, NE\1/4\ Section 22; Section 24.
    T.13N., R.04E. Willamette Meridian: NE\1/4\ Section 2; Sections 4-8; 
Section 16; Section 18; N\1/2\, SE\1/4\ Section 20; N\1/2\ SE\1/4\, 
SE\1/4\ SE\1/4\, NE\1/4\ Section 28.
    T.14N., R.03E. Willamette Meridian: Section 22; Section 24; Section 
26; Section 28; Section 30; Section 32; Section 34; Section 36.
    T.14N., R.04E. Willamette Meridian: Sections 2-5; SE\1/4\ Section 6; 
Sections 8-10; W\1/2\ Section 11; W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 12; Sections 13-23; Section 24 except NW\1/4\; Section 25 except 
SW\1/4\; N\1/2\ N\1/2\ Section 26; Sections 27-32; E\1/2\ SW\1/4\, E\1/
2\ Section 36.
    T.15N., R.04E. Willamette Meridian: S\1/2\ Section 21; S\1/2\ 
Section 22; NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, SW\1/4\ Section 26; 
Sections 27-28; E\1/2\ E\1/2\ Section 29; E1/2 Section 32; Sections 33-
34; W\1/2\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.038

    Map and description of WA-11-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Mt. Rainier, Washington; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.13N., R.07E. Willamette Meridian: Section 10; Section 12; Section 
14; Section 22.
    T.13N., R.08E. Willamette Meridian: Sections 1-8; Section 9 except 
SE\1/4\ SE\1/4\; N\1/2\ N\1/2\ Section 10; N\1/2\ NW\1/4\ NE\1/4\ SE\1/
4\, NE\1/4\ Section 11; N\1/2\, NW\1/4\ SW\1/4\ Section 12; W\1/2\, 
NW\1/4\ SE\1/4\ Section 16; Section 17; Section 18 except S\1/2\ S\1/2\; 
N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ Section 20; 
NW\1/4\, N\1/2\ SW\1/4\ Section 21.
    T.13N., R.09E. Willamette Meridian: NW\1/4\ NW\1/4\ Section 3; 
Section 4 except S\1/2\ SE\1/4\; Sections 5-6; N\1/2\, N\1/2\ S\1/2\ 
Section 7; N\1/2\, N\1/2\ SW\1/4\ Section 8; N\1/2\ NW\1/4\ Section 9.
    T.14N., R.07E. Willamette Meridian: SW\1/4\ NW\1/4\, S\1/2\ Section 
1; Section 2 except N\1/2\ NE\1/4\; Section 3; S\1/2\ SW\1/4\, SE\1/4\ 
Section 4; E\1/2\ SE\1/4\ Section 7; S\1/2\, S\1/2\ N\1/2\ Section 8; 
Sections 9-17; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 18; Section 20 
except SW\1/4\, S\1/2\ SE\1/4\; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ Section 
21; Sections 22-24; Section 25 except SW\1/4\ SW\1/4\; Section 26 except 
S\1/2\ S\1/2\; N\1/2\, N\1/2\ SE\1/4\ Section 27; NE\1/4\ NE\1/4\ 
Section 28; NE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ Section 36.
    T.14N., R.08E. Willamette Meridian: S\1/2\ SE\1/4\ Section 2; SW\1/
4\, W\1/2\ SE\1/4\ Section 3; Section 4; Section 5 except NW\1/4\ NW\1/
4\; SW\1/4\ NW\1/4\, S\1/2\ Section 6; Sections 7-36.
    T.14N., R.09E. Willamette Meridian: Section 7; W\1/2\ W\1/2\ Section 
8; W\1/2\, SW\1/4\ SE\1/4\ Section 17; Sections 18-19; Section 20 except 
NE\1/4\ NE\1/4\; W\1/2\ SW\1/4\ Section 21; W\1/2\, W\1/2\ SE\1/4\ 
Section 28; Section 29-32; Section 33 except NE\1/4\ NE\1/4\; SW\1/4\ 
SW\1/4\ Section 34.
    T.15N., R.07E. Willamette Meridian: W\1/2\, W\1/2\ SE\1/4\ Section 
5; E\1/2\ E\1/2\ Section 6; E\1/2\ E\1/2\ Section 7; W\1/2\, W\1/2\ E\1/
2\ Section 8; SW\1/4\ SW\1/4\ Section 16; N\1/2\ NW\1/4\, NW\1/4\ NE\1/
4\, E\1/2\ SE\1/4\ Section 17; S\1/2\ NW\1/4\, N\1/2\ SW\1/4\, SE\1/4\ 
SW\1/4\,

[[Page 301]]

E\1/2\ Section 20; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 21; S\1/2\ 
S\1/2\ Section 34.
    T.16N., R.07E. Willamette Meridian: Section 32.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.039
    
    Map and description of OR-01-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Astoria, Nehalem River, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.05N., R.07W. Willamette Meridian: S\1/2\ SE\1/4\ Section 3; N\1/2\ 
NE\1/4\ Section 10.

    Critical Habitat includes only State lands described within the 
following areas:

    T.08N., R.06W. Willamette Meridian: W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ 
Section 17; Section 18 except NE\1/4\ NE\1/4\; Section 19; W\1/2\ W\1/2\ 
Section 20; W\1/2\ Section 28; E\1/2\ Section 29; NW\1/4\, N\1/2\ SW\1/
4\ Section 30; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 31; E\1/2\ 
Section 32; W\1/2\ Section 33.
    T.08N., R.07W. Willamette Meridian: Section 13; E\1/2\ Section 14; 
Section 23 except NW\1/4\; Section 24-26; Section 36.
    T.07N., R.06W. Willamette Meridian: N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ 
Section 2; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 3; Section 4; Sections 
9-11; Sections 13-14; Section 16; Sections 25-36.
    T.07N., R.07W. Willamette Meridian: Sections 30-31; NW\1/4\, S\1/2\ 
SW\1/4\ Section 32.
    T.07N., R.08W. Willamette Meridian: Section 22 except N\1/2\ N\1/2\; 
Section 23 except N\1/2\ NW\1/4\; Section 24 except NE\1/4\; Section 25; 
Section 26 except S\1/2\ SW\1/4\; N\1/2\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/
4\ Section 27; NE\1/4\ Section 28; S\1/2\, NE\1/4\ NW\1/4\ Section 35; 
Section 36.
    T.06N., R.06W. Willamette Meridian: Section 1 except N\1/2\ NE\1/4\; 
Sections 2-6; NE\1/4\ NE\1/4\ Section 7; Sections 8-10; S\1/2\, NW\1/4\ 
NW\1/4\, S\1/2\ NW\1/4\ Section 11; W\1/2\ SW\1/4\ Section 12; Section 
13 except SW\1/4\, NE\1/4\ NE\1/4\; Section 14 except S\1/2\ SE\1/4\, 
NW\1/4\ SE\1/4\; Section 15; Section 16 except SW\1/4\ SE\1/4\, SE\1/4\ 
SW\1/4\; Section 17 except N\1/2\ NW\1/4\; SE\1/4\ NE\1/4\ Section 18; 
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, S\1/2\ SW\1/4\ Section 19; E\1/2\ NE\1/
4\ Section 21; N\1/2\ N\1/2\ Section 22; N\1/2\ NW\1/4\ Section 23; 
NE\1/4\ NW\1/4\, E\1/2\ Section 24; W\1/2\ Section 28; SW\1/4\, W\1/2\ 
NW\1/4\, E\1/2\ NE\1/4\, SW\1/4\ SE\1/4\ Section 29; Sections 30-32; 
S\1/2\ NW\1/4\, W\1/2\ SW\1/4\, SW\1/4\ NE\1/4\ Section 33.
    T.06N., R.07W. Willamette Meridian: Sections 1-3; N\1/2\ NE\1/4\, 
NE\1/4\ NW\1/4\ Section 4; NW\1/4\ NW\1/4\ Section 5; N\1/2\ NE\1/4\ 
Section 6; E\1/2\ SE\1/4\ Section 9; Sections 10-15; NE\1/4\ NE\1/4\, 
S\1/2\ SW\1/4\ Section 16; S\1/2\ S\1/2\ Section 17; W\1/2\ Section 18; 
S\1/2\, W\1/2\ NW\1/4\ Section 19; Sections 20-23; W\1/2\ SW\1/4\ 
Section 24; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\ Section 25; 
Sections 26-28; S\1/2\, W\1/2\ NW\1/4\ Section 29; Section 30; NE\1/4\, 
N\1/2\ NW\1/4\ Section 31; E\1/2\ SE\1/4\, N\1/2\ Section 32; Section 
33; NE\1/4\, S\1/2\ SW\1/4\, SE\1/4\ SE\1/4\ Section 34; N\1/2\ NE\1/4\, 
SW\1/4\ NE\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 35; E\1/2\, 
SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\ Section 36.
    T.06N., R.08W. Willamette Meridian: NE\1/4\ Section 13; SE\1/4\, 
E\1/2\ SW\1/4\, S\1/2\ NE1/4 Section 24; E\1/2\ Section 25; SW\1/4\ 
Section 27; Section 28 except NE\1/4\; Section 29 except NW\1/4\; E\1/2\ 
Section 32; Sections 33-34.
    T.05N., R.06W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
NW\1/4\ SW\1/4\, NE\1/4\ SW\1/4\ Section 6.
    T.05N., R.07W. Willamette Meridian: E\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 
NE\1/4\, N\1/2\ SE\1/4\ Section 1; N\1/2\ NW\1/4\ Section 3; NE\1/4\ 
NE\1/4\ Section 4.
[GRAPHIC] [TIFF OMITTED] TR24MY96.040

    Map and description of OR-01-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Nehalem River, Oregon; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.03N., R.08W. Willamette Meridian: Sections 6-7; Sections 16-17; 
Section 18 south of Foss River; Sections 19-21; Sections 27-28.
    T.03N., R.09W. Willamette Meridian: Section 1 except W\1/2\ NW\1/4\; 
SE\1/4\ SW\1/4\, SE\1/4\ Section 2; NW\1/4\, W\1/2\ SW\1/4\ Section 3; 
E\1/2\, S\1/2\ SW\1/4\, NE\1/4\ NW\1/4\ Section 4; Section 5 except W\1/
2\ NW\1/4\; Section 8 except SW\1/4\ NW\1/4\, NW\1/4\

[[Page 302]]

SW\1/4\; Sections 9-16; Section 21 except W\1/2\ NW\1/4\, SE\1/4\ NW\1/
4\; Section 23 lying N of Foss River; E\1/2\, NW\1/4\ Section 24 lying N 
of Foss River; Section 28.
    T.03N., R.10W. Willamette Meridian: W1/2 Section 1; Section 2 except 
NW\1/4\; SW\1/4\, S\1/2\ SE\1/4\ Section 5; Section 6 except NW\1/4\ 
NW\1/4\, NE\1/4\ NE\1/4\; Section 7; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, 
NW\1/4\ NW\1/4\ Section 8; W\1/2\ NE\1/4\ Section 11; Section 12 except 
E\1/2\ E\1/2\, W\1/2\ SW\1/4\; NW\1/4\ NE\1/4\ Section 13; S\1/2\, E\1/
2\ NE\1/4\ Section 17; Section 18 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/
4\.
    T.03N., R.11W. Willamette Meridian: S1/2 Section 1; Section 12.
    T.04N., R. 08W. Willamette Meridian: SW\1/4\, S\1/2\ NW\1/4\, NW\1/
4\ SE\1/4\, S\1/2\ SE\1/4\ Section 8; SE\1/4\ Section 10; S\1/2\ S\1/2\, 
W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\ Section 14; Section 15 except NW\1/4\; 
Section 17 except NW\1/4\ SW\1/4\; Sections 19-20; Section 21 except 
N\1/2\ NW\1/4\; Section 22 except S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\; E\1/
2\ NW\1/4\, NW\1/4\ NW\1/4\, W\1/2\ NE\1/4\ Section 23; Section 27-29; 
SE\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\, E\1/2\ SW\1/
4\, SW\1/4\ SW\1/4\ Section 31; Sections 32-34.
    T.04N., R.09W. Willamette Meridian Section 10 except NW1/4; SW\1/4\ 
Section 11; Sections 13-14; NE\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ 
Section 15; NE\1/4\, NW\1/4\ SE\1/4\ Section 22; Section 23 except S\1/
2\ SE\1/4\, NW\1/4\ SE\1/4\; N\1/2\, NW\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ 
Section 24; SW\1/4\ SW\1/4\ Section 28; Section 32 except W\1/2\ W\1/2\, 
NE\1/4\ NW\1/4\; W\1/2\ W\1/2\, S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\ Section 
33; Section 34 except N\1/2\, NE\1/4\ SW\1/4\; SW\1/4\ SW\1/4\ Section 
35.
    T.04N., R.10W. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\, 
SE\1/4\ SE\1/4\ Section 30; E\1/2\ W\1/2\, NW\1/4\ NW\1/4\, W\1/2\ SW\1/
4\ Section 31.
[GRAPHIC] [TIFF OMITTED] TR24MY96.041

    Map and description of OR-01-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Nehalem River and Yamhill River, Oregon; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.01N., R.09W. Willamette Meridian: W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, 
SW\1/4\ NW\1/4\ Section 25; SE\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ NE\1/4\ 
Section 26; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 34; Section 35 
except SW\1/4\.
    T.01S., R.08W. Willamette Meridian: Section 7 except E\1/2\ NE\1/4\, 
SE\1/4\; S\1/2\ Section 17; S\1/2\, SE\1/4\ NE\1/4\ Section 18; N\1/2\ 
N\1/2\, SW\1/4\ NE\1/4\, SE\1/4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 19; 
N\1/2\ N\1/2\, NE\1/4\ SW\1/4\, SW\1/4\ SW\1/4\ Section 20; Section 21 
except N\1/2\ NE\1/4\, S\1/2\ SW\1/4\; W\1/2\ Section 22; S\1/2\ SW\1/
4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, SW\1/4\ NE\1/4\, W\1/2\ SE\1/4\ 
Section 27; S\1/2\ NW\1/4\, S\1/2\ SE\1/4\, N\1/2\ SW\1/4\, SE\1/4\ 
SW\1/4\ Section 28; S\1/2\ NE\1/4\, N\1/2\ SE\1/4\, S\1/2\ SW\1/4\, 
NE\1/4\ SW\1/4\ Section 29; NE\1/4\, N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
SE\1/4\ SE\1/4\ Section 30; N\1/2\ NE\1/4\ Section 31.
    T.01S., R.09W. Willamette Meridian: Section 1 except E\1/2\ E\1/2\; 
E\1/2\ E\1/2\, NW\1/4\ NE\1/4\ Section 2; N\1/2\ SW\1/4\ Section 3; 
Section 4 except SE\1/4\ SE\1/4\; NE\1/4\, N\1/2\ SE\1/4\, E\1/2\ NW\1/
4\ Section 5; S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\, SE\1/4\ 
NW\1/4\, E\1/2\ SW\1/4\, E\1/2\ SE\1/4\ Section 9; S\1/2\, S\1/2\ NW\1/
4\, SW\1/4\ NE\1/4\ Section 10; Section 11 except N\1/2\ NE\1/4\; NW\1/
4\, W\1/2\ SW\1/4\, E\1/2\ NE\1/4\, Section 12; E\1/2\ NW\1/4\, SW\1/4\ 
NE\1/4\ Section 13; W\1/2\ NE\1/4\, NW\1/4\, NE\1/4\ SW\1/4\, SW\1/4\ 
SW\1/4\ Section 14; N\1/2\ NW\1/4\, NE\1/4\ NE\1/4\ Section 15.
    T.01S., R.11W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 13.

    Critical Habitat includes only State lands described within the 
following areas:

    T.02N., R.09W. Willamette Meridian: Section 3; E\1/2\, NW\1/4\ 
Section 7; S\1/2\ Section 16; Section 18 except SW\1/4\ NW\1/4\, N\1/2\ 
NW\1/4\; Sections 19-22; Sections 29-32.
    T.02N., R.10W. Willamette Meridian: E\1/2\ E\1/2\, NW\1/4\ SE\1/4\ 
Section 24; S\1/2\ SE\1/4\ Section 25; Section 36 except NW\1/4\ NW\1/
4\, NW\1/4\ SW\1/4\.
    T.01N., R.09W. Willamette Meridian: Section 9; Section 16 except 
SW\1/4\; SW\1/4\, E\1/2\ SE\1/4\ Section 19; Section 20 except NE\1/4\ 
NE\1/4\; S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ Section 21; Section 26 except 
SE\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ NE\1/4\; Section 27; W\1/2\ Section 
28; Section 29 except NW\1/4\; Section 30; NE\1/4\, N\1/2\ NW\1/4\, 
NE\1/4\ SE\1/4\ Section 31; N\1/2\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ 
Section 32; S\1/2\ SW\1/4\, SE\1/4\, N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
NW\1/4\ SW\1/4\ Section 33; Section 34 except E\1/2\ SE\1/4\, SE\1/4\ 
NE\1/4\, S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; NW\1/4\ NW\1/
4\ Section 35; Section 36.

    T.01N., R.10W. Willamette Meridian: N\1/2\ NE\1/4\ Section 1; SW\1/
4\ SW\1/4\ Section 2; SE\1/4\ SE\1/4\ Section 3; E\1/2\ NE\1/4\, NE\1/4\ 
SE\1/4\ Section 10; W\1/2\, SE\1/4\ SE\1/4\ Section 11; Section 13 
except N\1/2\ NE\1/4\; S\1/2\ SE\1/4\ Section 14; SE\1/4\, SE\1/4\ NW\1/
4\, NE\1/4\ SW\1/4\ Section 22; Section 23 except W\1/2\ NW\1/4\; 
Sections 24-26; E\1/2\, NW\1/4\, E\1/2\ SW\1/4\ Section 27; N\1/2\ NE\1/
4\ Section 34; NE\1/4\, N\1/2\ SE\1/4\ Section 35; NE\1/4\ Section 36.
    T.01S., R.08W. Willamette Meridian: N\1/2\ Section 6; SE\1/4\ 
Section 7; SW\1/4\ Section 16; N\1/2\ S\1/2\, SE\1/4\ NW\1/4\ Section 
17; NW\1/4\ NW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\ 
Section 18; Section 19 except SW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\, 
N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\; Section 20 except

[[Page 303]]

S\1/2\ S\1/2\, N\1/2\ N\1/2\, NE\1/4\ SW\1/4\; S\1/2\ SW\1/4\, Section 
21; N\1/2\ N\1/2\, SW\1/4\ NE\1/4\ Section 28.
    T.01S., R.09W. Willamette Meridian: E\1/2\ E\1/2\ Section 1; Section 
3 except N\1/2\ SW\1/4\; SE\1/4\ SE\1/4\ Section 4; S\1/2\ SE\1/4\, 
NE\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ Section 7; E\1/2\ SE\1/4\ Section 8; 
W\1/2\ SW\1/4\, W\1/2\ SE\1/4\ Section 9; Section 13 except N\1/2\ NW\1/
4\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\; S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\ 
Section 14; N\1/2\ NE\1/4\, NW\1/4\ Section 16; N\1/2\, N\1/2\ SE\1/4\ 
Section 17; NE\1/4\, E\1/2\ NW\1/4\ Section 18; NW\1/4\, W\1/2\ NE\1/4\ 
Section 23; S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 24; 
Section 25; NE\1/4\, E\1/2\ NW\1/4\, N\1/2\ SE\1/4\ Section 36.
    Critical Habitat includes only State owned and State managed lands 
described within the following areas:

    NE\1/4\, N\1/2\ SE\1/4\, NW\1/4\ SE\1/4\, E\1/2\ NW\1/4\ Section 13.

    Critical Habitat includes only County lands described within the 
following areas:

    T.01N., R.09W. Willamette Meridian: SW\1/4\ Section 16; N\1/2\, 
SE\1/4\, NE\1/4\ SW\1/4\ Section 21; E\1/2\ Section 28; NE\1/4\ Section 
33.
[GRAPHIC] [TIFF OMITTED] TR24MY96.042

    Map and description of OR-01-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Nehalem River, Oregon; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.04N., R.06W. Willamette Meridian: W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, 
NW\1/4\ NE\1/4\ Section 4; Section 5 except SW\1/4\; Section 30 except 
NE\1/4\; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 31.
    T.04N., R.07W. Willamette Meridian: SW\1/4\, S\1/2\ NW\1/4\ Section 
1; Section 2 except NE\1/4\, SW\1/4\ NW\1/4\; N\1/2\ N\1/2\, SE\1/4\ 
NE\1/4\, S\1/2\ NE\1/4\ Section 3; SE\1/4\, S\1/2\ NE\1/4\, NW\1/4\ 
SW\1/4\ Section 9; N\1/2\ N\1/2\, S\1/2\ SW\1/4\, SE\1/4\ NE\1/4\, SE\1/
4\ SE\1/4\ Section 10; Section 11 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/
4\, SW\1/4\ SE\1/4\, NW\1/4\ SW\1/4\; Section 13 except NW\1/4\ NE\1/4\, 
SE\1/4\ SE\1/4\; Section 14 except NW\1/4\ NE\1/4\; Section 15; Section 
16 except E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\; Sections 21-22; Section 23 
except S\1/2\ SE\1/4\; Section 24 except E\1/2\ NE\1/4\, SW\1/4\ SW\1/
4\; NE\1/4\, E\1/2\ NW\1/4\, E\1/2\ SE\1/4\ Section 25.
    T.05N., R.06W. Willamette Meridian: Section 1 except NE\1/4\; 
Sections 2-3; SE\1/4\, S\1/2\ SW\1/4\, S\1/2\ NE\1/4\ Section 7; 
Sections 8-18; Section 19 except E\1/2\ NE\1/4\; Section 20 except N\1/
2\ NW\1/4\; Sections 21-22; Section 23 except SE\1/4\ SE\1/4\; Section 
24; E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ Section 25; Sections 27-30; Section 
31 except W\1/2\ W\1/2\; Sections 32-33; Section 34 except SE\1/4\.
    T.05N., R.07W. Willamette Meridian: E\1/2\ E\1/2\, SW\1/4\ SE\1/4\, 
SE\1/4\ SW\1/4\ Section 13; Section 22 except S\1/2\ S\1/2\; N\1/2\ 
SW\1/4\ Section 23; Section 24 except NE\1/4\, NW\1/4\ NW\1/4\; Sections 
25-26; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 27; SE\1/4\ Section 33; 
E\1/2\ Section 34; Section 35 except N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\; 
N\1/2\ Section 36.
    T.05N., R.08W. Willamette Meridian: S\1/2\ NW\1/4\ Section 25; SE\1/
4\ NE\1/4\ Section 26.
    T.06N., R.06W. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 23; Section 26 except NE\1/4\; Section 35 except SW\1/4\ NE\1/
4\; Section 36 except N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.043

    Map and description of OR-02-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.02S., R.09W. Willamette Meridian: Section 22 except SW\1/4\, S\1/
2\ NW\1/4\, S\1/2\ NE\1/4\, SW\1/4\ SE\1/4\; Sections 23-25; N\1/2\ 
Section 26; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 27.
    T.02S., R.08W. Willamette Meridian: SW\1/4\ Section 19; N\1/2\ SW\1/
4\, NW\1/4\ Section 29; Section 30.

[[Page 304]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.044

    Map and description of OR-02-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.03S., R.09W. Willamette Meridian: SW\1/4\, W\1/2\ SE\1/4\, SW\1/4\ 
NW\1/4\ Section 3; S\1/2\, SW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\, W\1/2\ 
NE\1/4\; Section 4; E\1/2\ SE\1/4\ Section 8; Section 9; Section 10 
except N\1/2\ SE\1/4\; NW\1/4\ Section 15; N\1/2\ Section 16; S\1/2\ 
NW\1/4\, N\1/2\ SW\1/4\ Section 19; S\1/2\ SW\1/4\ Section 32.
    T.03S., R.10W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\, S\1/2\ 
NE\1/4\ Section 22; Section 23 except N\1/2\ NW\1/4\; S\1/2\, E\1/2\ 
NE\1/4\, SW\1/4\ NW\1/4\ Section 24; W\1/2\ NW\1/4\ Section 25; Section 
26; Section 27 except SW\1/4\ NE\1/4\; E\1/2\, E\1/2\ W\1/2\ Section 28; 
Section 32 except N\1/2\ N\1/2\, W\1/2\ SW\1/4\; Section 33; N\1/2\ 
NE\1/4\, W\1/2\ SW\1/4\, NW\1/4\ Section 34; Section 35 except S\1/2\ 
S\1/2\, NW\1/4\ SW\1/4\.
    T.04S., R.09W. Willamette Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 4; W\1/2\, W\1/2\ E\1/2\, SE\1/4\ SE\1/4\ Section 5; Section 6 
except W\1/2\ W\1/2\; Section 7 except W\1/2\ NW\1/4\; Sections 8-9; 
SW\1/4\, SW\1/4\ SE\1/4\, S\1/2\ NW\1/4\ Section 10; NW\1/4\, W\1/2\ 
NE\1/4\ Section 15; N\1/2\, SE\1/4\ Section 16; N\1/2\ Section 17; N\1/
2\ Section 18.
    T.04S., R.10W. Willamette Meridian: SW\1/4\, S\1/2\ NW\1/4\, NW\1/4\ 
NW\1/4\, W\1/2\ E\1/2\ Section 3; E\1/2\, N\1/2\ NW\1/4\, SE\1/4\ NW\1/
4\, SE\1/4\ Section 4; N\1/2\, SW\1/4\, W\1/2\ SE\1/4\ Section 5; E\1/2\ 
SW\1/4\, E\1/2\ Section 6; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ Section 7; 
NE\1/4\ Section 9.
    T.05S., R.09W. Willamette Meridian: SW\1/4\ Section 5; SE\1/4\, 
SW\1/4\ NE\1/4\, E\1/2\ SW\1/4\ Section 6; Section 7; W\1/2\, S\1/2\ 
SE\1/4\, NW\1/4\ SE\1/4\ Section 8; NW\1/4\, SE\1/4\ SW\1/4\, W\1/2\ 
NE\1/4\, N\1/2\ SW\1/4\ Section 17; Section 18; N\1/2\ Section 19; NW\1/
4\ NW\1/4\ Section 20.
    T.05S., R.10W. Willamette Meridian: Section 1; Section 2 except S\1/
2\ S\1/2\, NE\1/4\ NE\1/4\; NE\1/4\, E\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, 
SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\ Section 3; S\1/2\ 
NE\1/4\ Section 4; N\1/2\ NE\1/4\, E\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, 
SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ Section 10; NW\1/4\ NW\1/4\, SE\1/4\ 
NW\1/4\, NW\1/4\ SW\1/4\ Section 11; E\1/2\, E\1/2\ NW\1/4\, SW\1/4\ 
NW\1/4\, NE\1/4\ SW\1/4\ Section 12; NE\1/4\ NW\1/4\, E\1/2\ Section 13; 
SW\1/4\ Section 14; SW\1/4\, SW\1/4\ NW\1/4\ Section 17; Section 20 
except W\1/2\ W\1/2\, SE\1/4\ NE\1/4\; NW\1/4\, E\1/2\ SE\1/4\ Section 
22; SE\1/4\ NW\1/4\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\, SW\1/4\ SW\1/4\, 
SE\1/4\ SE\1/4\, NW\1/4\ SE\1/4\, N\1/2\ N\1/2\ Section 23; NW\1/4\ 
NE\1/4\, E\1/2\ NW\1/4\ Section 24; N\1/2\ N\1/2\ Section 26; S\1/2\ 
Section 32; S\1/2\ S\1/2\, NE\1/4\ SE\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ 
NW\1/4\, SE\1/4\ NE\1/4\ Section 33; W\1/2\ SE\1/4\ Section 34.
    T.06S., R.10W. Willamette Meridian: Section 2; W\1/2\ W\1/2\, SE\1/
4\ SE\1/4\, NE\1/4\ SW\1/4\ Section 3; Section 4; N\1/2\ S\1/2\, N\1/2\ 
Section 5; W\1/2\ W\1/2\, E\1/2\ SW\1/4\, E\1/2\ SE\1/4\ Section 6; 
Section 7; Section 8 except N\1/2\ NE\1/4\; Section 9 except NW\1/4\ 
NW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\; Section 10; Section 11 except 
NE\1/4\, SE\1/4\ SE\1/4\; SW\1/4\ Section 12; S\1/2\, NW\1/4\ NE\1/4\ 
Section 14; W\1/2\, SE\1/4\ Section 15; Section 16 except N\1/2\ NE\1/
4\; Section 17-18; NW\1/4\, W\1/2\ SW\1/4\, W\1/2\ E\1/2\ Section 19; 
W\1/2\ NE\1/4\, E\1/2\ NW\1/4\ Section 20; Sections 21-22; W\1/2\, W\1/
2\ E\1/2\ Section 23; S\1/2\ NW\1/4\, S\1/2\ SW\1/4\ Section 26; W\1/2\ 
W\1/2\, NE\1/4\, NE\1/4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 27; Section 28 
except SW\1/4\ NW\1/4\; NE\1/4\, NW\1/4\ SE\1/4\ Section 30.
    T.06S., R.11W. Willamette Meridian: Section 1-2; Section 11; Section 
12; Section 13 except SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\; NE\1/4\, N\1/2\ 
SE\1/4\ Section 14; Section 24 except SE\1/4\ SE\1/4\, N\1/2\ NW\1/4\.

    Critical Habitat includes only State lands described within the 
following areas:

    T.05S., R.10W. Willamette Meridian: S\1/2\ NE\1/4\, E\1/2\ SE\1/4\ 
Section 10; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 11.
[GRAPHIC] [TIFF OMITTED] TR24MY96.045

    Map and description of OR-02-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Yamhill River and Corvallis, Oregon; 
1995.

[[Page 305]]

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.06S., R.10W. Willamette Meridian: SE\1/4\ Section 32.
    T.07S., R.09W. Willamette Meridian: SW\1/4\, W\1/2\ NW\1/4\, SE\1/4\ 
NW\1/4\, SW\1/4\ SE\1/4\ Section 3; SE\1/4\, E\1/2\ NE\1/4\, SW\1/4\ 
NE\1/4\, NE\1/4\ SW\1/4\ Section 4; W\1/2\ NW\1/4\ Section 5; Section 8 
except S\1/2\ SW\1/4\ SW\1/4\ SE\1/4\; Section 9 except N\1/2\ NE\1/4\, 
SE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\, SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; 
Section 16 except E\1/2\ E\1/2\, NE\1/4\ NW\1/4\; S\1/2\, E\1/2\ NE\1/4\ 
Section 17; Section 18 except NE\1/4\ NE\1/4\; SW\1/4\, S\1/2\ NW\1/4\ 
Section 19; NE\1/4\, NW\1/4\ SE\1/4\ Section 20; W\1/2\ NW\1/4\, NE\1/4\ 
NW\1/4\, S\1/2\ SW\1/4\ Section 21; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ 
Section 28; SE\1/4\ NE\1/4\ Section 29; N\1/2\ NW\1/4\ Section 30.
    T.07S., R.10W. Willamette Meridian: SW\1/4\, NW\1/4\ SE\1/4\ Section 
3; Section 4 except E\1/2\ NE\1/4\; Section 5; Sections 7-9; Section 10 
except E\1/2\ NW\1/4\, NE\1/4\; N\1/2\ S\1/2\, E\1/2\ NE\1/4\, SW\1/4\ 
SE\1/4\, SE\1/4\ NE\1/4\ Section 11; Section 12 except S\1/2\ NW\1/4\, 
N\1/2\ SW\1/4\, E\1/2\ NE\1/4\; Section 13; Section 14 except N\1/2\ 
NW\1/4\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, NE\1/4\ NE\1/4\; Section 15 
except S\1/2\ S\1/2\; Section 16 except SE\1/4\ SE\1/4\; Section 17; 
N\1/2\ Section 18; S\1/2\ S\1/2\ Section 20; NE\1/4\, SW\1/4\ Section 
21; Sections 22-23; Section 24 except NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\, 
NE\1/4\ SW\1/4\; Section 25 except NW\1/4\; Section 26 except NW\1/4\; 
Sections 27-29; Section 31 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; 
Sections 32-35.
    T.08S., R.10W. Willamette Meridian: Sections 1-5; Section 6 except 
NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; Section 7 except NW\1/4\ SW\1/4\, S\1/
2\ SW\1/4\, S\1/2\ SE\1/4\ S\1/2\ NE\1/4\; Section 8 except S\1/2\ S\1/
2\; Sections 9-14; Section 15 except SE\1/4\ SE\1/4\; E\1/2\ E\1/2\, 
NW\1/4\ NE\1/4\, SW\1/4\ SE\1/4\ Section 16; SW\1/4\ SE\1/4\ Section 22; 
Sections 23 except SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Section 24 except 
SE\1/4\ SE\1/4\; NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 25; Section 26 
except SE\1/4\, E\1/2\ NE\1/4\; W\1/2\ NE\1/4\ Section 28.
[GRAPHIC] [TIFF OMITTED] TR24MY96.046

    Map and description of OR-02-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.07S., R.06W. Willamette Meridian: SW\1/4\ Section 4; Section 5 
except N\1/2\ NE\1/4\, NW\1/4\ NW\1/4\; Section 6 except NE\1/4\, N\1/2\ 
NW\1/4\, NW\1/4\ SE\1/4\; Section 7; S\1/2\ S\1/2\, NE\1/4\ SW\1/4\, 
N\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 9; Section 17 except NW\1/4\, 
W\1/2\ NE\1/4\, NW\1/4\ SW\1/4\.
    T.07S., R.07W. Willamette Meridian: Section 1 except N\1/2\ NE\1/4\; 
Sections 2-3; Section 4 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; Section 
5; Section 7; N\1/2\ Section 8; Section 9; Section 11 except SE\1/4\ 
SW\1/4\, SW\1/4\ SE\1/4\; Section 13 except NE\1/4\ SE\1/4\; Section 15; 
Section 17; N\1/2\ Section 18; Section 19; Section 21; Section 23; N\1/
2\ Section 25; N\1/2\ Section 26; Section 27; Section 29; Section 31; 
Section 33; NW\1/4\ Section 34.
    T.07S., R.08W. Willamette Meridian: Section 1; SE\1/4\ Section 12; 
Section 13; S\1/2\, S\1/2\ N\1/2\ Section 14; Section 15 except W\1/2\ 
W\1/2\; Section 17; Section 18 except W\1/2\ W\1/2\; Section 19 except 
W\1/2\ W\1/2\; W\1/2\ Section 20; Section 23; Section 25; Section 27; 
Section 28 except E\1/2\ SW\1/4\, S\1/2\ NW\1/4\; Section 29 except 
SE\1/4\; Section 30 except W\1/2\ W\1/2\; Section 31 except W\1/2\ W\1/
2\, E\1/2\ SE\1/4\; Section 32 except NE\1/4\; N\1/2\, N\1/2\ SW\1/4\, 
NW\1/4\ SE\1/4\ Section 33; Section 35.

[[Page 306]]

    T.08S., R.07W. Willamette Meridian: NE\1/4\ Section 3; SW\1/4\ SE\1/
4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 4; Section 5; NE\1/4\ NE\1/
4\ Section 17.
    T.08S., R.08W. Willamette Meridian: Section 1 except SE\1/4\; 
Section 3 except W\1/2\ W\1/2\.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.07S., R.06W. Willamette Meridian: SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 4; E\1/2\ NW\1/4\ Section 9.
[GRAPHIC] [TIFF OMITTED] TR24MY96.047

    Map and description of OR-02-e taken from United States Fish and 
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.01S., R.05W. Willamette Meridian: Section 19 except NW\1/4\.
    T.02S., R.05W. Willamette Meridian: N\1/2\ N\1/2\ Section 3; SW\1/4\ 
NE\1/4\ Section 5; SW\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 7.
    T.02S., R.06W. Willamette Meridian: S\1/2\ NW\1/4\ Section 25; S\1/
2\ NW\1/4\, NE\1/4\, S\1/2\ S\1/2\ Section 26; Section 35.
    T.02S., R.08W. Willamette Meridian: Section 31 except W\1/2\ NW\1/
4\, E\1/2\ SE\1/4\; NW\1/4\, SW\1/4\ NE\1/4\, SE\1/4\, N\1/2\ SW\1/4\ 
Section 32; Section 33 except NW\1/4\ NW\1/4\; W\1/2\ NW\1/4\, NW\1/4\ 
SW\1/4\ Section 34.
    T.03S., R.06W. Willamette Meridian: N\1/2\ NW\1/4\ Section 1; 
Section 7; SE\1/4\, NE\1/4\ SW\1/4\ Section 13; S\1/2\ SW\1/4\ Section 
16; Sections 17-20; W\1/2\, W\1/2\ E\1/2\ Section 21; SE\1/4\ SE\1/4\ 
Section 27; SW\1/4\, S\1/2\ NW\1/4\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ 
Section 28; Section 29; Section 30 except NE\1/4\; Section 31; W\1/2\ 
Section 32; Section 33 except SW\1/4\; SE\1/4\ Section 36.
    T.03S., R.07W. Willamette Meridian: S\1/2\ Section 5; Section 7; 
S\1/2\ NE\1/4\, W\1/2\ NW\1/4\, N\1/2\ SW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ 
SE\1/4\ Section 8; Section 9; Section 10 except N\1/2\ NE\1/4\, NW\1/4\ 
NW\1/4\; Section 11; Section 12 except E\1/2\ E\1/2\, SW\1/4\ NE\1/4\; 
Sections 13-15; S\1/2\ Section 16; Section 17; SW\1/4\, N\1/2\ NE\1/4\, 
W\1/2\ NW\1/4\ Section 18; Section 19; Section 20 except W\1/2\ W\1/2\, 
SE\1/4\ SW\1/4\; Sections 21-25; E\1/2\ Section 26; Sections 27-29; E\1/
2\ Section 30; Section 31; Section 32 except S\1/2\ SE\1/4\, NE\1/4\ 
SE\1/4\; Section 33 except NW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\; N\1/2\, 
SE\1/4\ Section 34; Section 35; W\1/2\ Section 36.
    T.03S., R.08W. Willamette Meridian: SW\1/4\, S\1/2\ SE\1/4\ Section 
1; SW\1/4\ SE\1/4\ Section 2; Section 3; NW\1/4\, S\1/2\ SE\1/4\, W\1/2\ 
SW\1/4\, SE\1/4\ SW\1/4\ Section 4; Section 5 except NW\1/4\, SW\1/4\ 
NE\1/4\; N\1/2\ NW\1/4\, SE\1/4\ Section 6; Section 7 except N\1/2\ 
NE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ NW\1/4\; Section 8 except S\1/2\ SE\1/
4\; Section 9; Section 10 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; 
Section 11; Section 13; NE\1/4\, N\1/2\ NW\1/4\, SE\1/4\ SW\1/4\ Section 
14; Section 15 except SW\1/4\; W\1/2\ SW\1/4\ Section 16; SW\1/4\ SE\1/
4\, NW\1/4\ NW\1/4\ Section 17; Section 18 except S\1/2\ SE\1/4\; 
Section 19 except N\1/2\ NE\1/4\; NE\1/4\ Section 20; Section 21 except 
NW\1/4\, N\1/2\ NE\1/4\; Section 22 except SW\1/4\ NE\1/4\, SE\1/4\ 
NW\1/4\; Section 23; Section 24 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; 
Section 25 except NE\1/4\ SW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\, 
SE\1/4\ NW\1/4\; N\1/2\ NE\1/4\, NW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\; 
Section 26; Section 27 except NE\1/4\ SW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ 
SE\1/4\, SE\1/4\ NW\1/4\; S\1/2\ S\1/2\, NW\1/4\ NW\1/4\ Section 29; 
S\1/2\, W\1/2\ NW\1/4\ Section 31; Section 32 except SW\1/4\, SW\1/4\ 
NW\1/4\, W\1/2\ SE\1/4\; Sections 33-34; S\1/2\ Section 35; W\1/2\ NE\1/
4\ Section 36.
    T.03S., R.09W. Willamette Meridian: Section 1 except S\1/2\ SE\1/4\, 
NE\1/4\ SE\1/4\, SW\1/4\ NW\1/4\; SE\1/4\ SE\1/4\ Section 2; SE\1/4\ 
SE\1/4\ Section 10; Section 11 except NW\1/4\; Section 12 except NE\1/4\ 
NE\1/4\; Section 13 except W\1/2\ NW\1/4\, E\1/2\ NE\1/4\; Section 14 
except SW\1/4\; NE\1/4\ NE\1/4\ Section 15; NE\1/4\ Section 23; E\1/2\ 
NW\1/4\, NE\1/4\ Section 24.
    T.04S., R05W. Willamette Meridian: NW\1/4\ SE\1/4\ Section 19.
    T.04S., R.06W. Willamette Meridian: Section 5 except E\1/2\ E\1/2\, 
SW\1/4\ SE\1/4\; Sections 6-7; S\1/2\ SW\1/4\, W\1/2\ SE\1/4\ Section 
18.
    T.04S., R.07W. Willamette Meridian: Section 1 except NE\1/4\; W\1/
2\, N\1/2\ NE\1/4\ Section 2; Section 3 except NW\1/4\; E\1/2\ E\1/2\, 
NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 4; N\1/2\, E\1/2\ SE\1/4\, SW\1/4\ SW\1/4\ Section 5; Section 6 
except NE\1/4\, W\1/2\ SE\1/4\; Section 7; SW\1/4\, NE\1/4\ SE\1/4\ 
Section 8; Section 9; N\1/2\ Section 10; Section 11; Section 12 except 
SE\1/4\ SW\1/4\; Section 13; Section 14 except N\1/2\ NW\1/4\, S\1/2\ 
NE\1/4\, E\1/2\ SE\1/4\; Section 15 except SW\1/4\ SW\1/4\; E\1/2\ E\1/
2\, NW\1/4\ NE\1/4\ Section 16; Section 17 except N\1/2\ S\1/2\; Section 
18 except NW\1/4\.
    T.04S., R.08W. Willamette Meridian: SE\1/4\ NE\1/4\, SE\1/4\, 
Section 1; NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\, E\1/2\ SW\1/4\, SE\1/4\ 
Section 2; N\1/2\ N\1/2\, S\1/2\ S\1/2\ Section 3; Section 4 except S\1/
2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; Sections 5-8; Section 9 
except NW\1/4\ NE\1/4\, NE\1/4\ NW1/4; Section 10; Section 11 except 
SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section 12 except NE\1/4\ SE\1/4\, 
E\1/2\ NE\1/4\; Sections 13-14; Section 15 except N\1/2\ NE\1/4\; 
Section 16;

[[Page 307]]

Sections 17-25; Section 26 except W\1/2\ SW\1/4\; Section 27 except E\1/
2\ SE\1/4\; Section 28-35; N\1/2\ Section 36.
    T.04S., R.09W. Willamette Meridian: SE\1/4\, SE\1/4\ NE\1/4\ Section 
1; SE\1/4\, E\1/2\ SW\1/4\ Section 11; Section 12 except NW\1/4\; 
Section 13; E\1/2\, E\1/2\ NW\1/4\ Section 14; SE\1/4\ SE\1/4\ Section 
22; Section 23 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\; Sections 24-26; 
SE\1/4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, SE\1/4\ NW\1/4\ Section 27; 
NE\1/4\, SE\1/4\ SE\1/4\ Section 34; N\1/2\ N\1/2\, S\1/2\ S\1/2\, SW\1/
4\ NW\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section 35; Section 36.
    T.05S., R.09W. Willamette Meridian: Sections 1-2; NE\1/4\ NE\1/4\, 
SW\1/4\, SE\1/4\, SW\1/4\ NW\1/4\ Section 3; Section 4 except N\1/2\ 
N\1/2\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\; W\1/2\, NE\1/4\ NW\1/4\ Section 
9; Section 10-15; Section 16 except W\1/2\ W\1/2\, NE\1/4\ NW\1/4\; 
Section 21 except W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ \1/4\; Section 22; 
Section 23 except SE\1/4\, SW\1/4\ NW\1/4\; Section 24 except SW\1/4\; 
NE\1/4\ NE\1/4\ Section 25; Section 26 except E\1/2\ E\1/2\; Section 27 
except E\1/2\ NE\1/4\, SW\1/4\, NW\1/4\ NW\1/4\; Section 31 except N\1/
2\ NW\1/4\; Section 32; Section 33 except E\1/2\ E\1/2\; Section 34 
except W\1/2\; Section 35.
    T.06S., R.09W. Willamette Meridian: N\1/2\ SW\1/4\, NW\1/4\ NE\1/4\, 
NW\1/4\ Section 2; N\1/2\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 3; 
Section 4 except SE\1/4\ SE\1/4\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\; N\1/
2\ Section 5; N\1/2\ N\1/2\ Section 6; NE\1/4\, E\1/2\ NW\1/4\ Section 
9.

    Critical Habitat includes only State lands described within the 
following areas:

    T.03S., R.07W. Willamette Meridian: N\1/2\ Section 16.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.048
    
    Map and description of OR-02-f taken from United States Fish and 
Wildlife Service 1:100,000 map; Yamhill River, Oregon; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.06S., R.09W. Willamette Meridian: E\1/2\ SE\1/4\ Section 11; N\1/
2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 12; NW\1/4\ NW\1/4\ Section 13; N\1/
2\ NE\1/4\, NW\1/4\ Section 14; S\1/2\ NE\1/4\, S\1/2\ NW\1/4\, N\1/2\ 
SW\1/4\, NE\1/4\ NE\1/4\, SW\1/4\ SW\1/4\ Section 15; S\1/2\ SW\1/4\, 
SE\1/4\, NE\1/4\ SW\1/4\ Section 16; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, 
SE\1/4\, SE\1/4\ SW\1/4\ Section 20; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\ 
Section 21; W\1/2\ NE\1/4\, E\1/2\ NW\1/4\ Section 29.
[GRAPHIC] [TIFF OMITTED] TR24MY96.049

    Map and description of OR-03-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.09S., R.09W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 33; 
SW\1/4\ SW\1/4\ Section 34.
    T.10S., R.10W. Willamette Meridian: NW\1/4\ SE\1/4\ Section 2.

    Critical Habitat includes only State lands described within the 
following areas:

    T.09S., R.09W. Willamette Meridian: E\1/2\ SW\1/4\, W\1/2\ SE\1/4\, 
NE\1/4\ SE\1/4\ Section 34.
    T.10S., R.09W. Willamette Meridian: NW\1/4\, W\1/2\ NE\1/4\ Section 
16; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ Section 17.

    Critical Habitat includes only County lands described within the 
following areas:

    T.10S., R.10W. Willamette Meridian:SW\1/4\ SE\1/4\ Section 2.

    Critical Habitat includes only Private lands described within the 
following areas:

    T.09S., R.09W. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ 
Section 23; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 25; NE\1/4\ Section 
26; W\1/2\ SW\1/4\ Section 34.
    T.10S., R.09W. Willamette Meridian: SW\1/4\ Section 15.
    T.10S., R.10W. Willamette Meridian: SE\1/4\ Section 14.

[[Page 308]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.050

    Map and description of OR-03-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.10S., R.06W. Willamette Meridian: W\1/2\ SW\1/4\ Section 30.
    T.10S., R.07W. Willamette Meridian: S\1/2\ Section 25; N\1/2\ 
Section 36.
    T.11S., R.07W. Willamette Meridian: S\1/2\ N\1/2\, SE\1/4\ Section 
16; N\1/2\ Section 21; S\1/2\, NW\1/4\ Section 29; Section 31; Section 
32 except E\1/2\ SE\1/4\, NE\1/4\ SE\1/4\.
    T.11S., R.08W. Willamette Meridian: W\1/2\ SW\1/4\ Section 14; 
Section 15 except N\1/2\ NE\1/4\; Section 16 except S\1/2\ SW\1/4\; 
SW\1/4\, W\1/2\ SE\1/4\ Section 17; S\1/2\ SE\1/4\, E\1/2\ SW\1/4\ 
Section 18; Sections 19-21; W\1/2\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, 
NE\1/4\ NE\1/4\ Section 22; SW\1/4\, NW\1/4\ NW\1/4\ Section 23; SW\1/
4\, NW\1/4\ SE\1/4\, S\1/2\ N\1/2\ Section 26; Section 27 except SW\1/
4\, NE\1/4\ NE\1/4\; N\1/2\ NW\1/4\ Section 28; Sections 29-31; Section 
32 except SE\1/4\; N\1/2\ NW\1/4\ Section 35.
    T.11S., R.09W. Willamette Meridian: S\1/2\ Section 7; NW\1/4\ NW\1/
4\ Section 17; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, SE\1/4\ NW\1/4\ 
Section 18; Section 23 except NW\1/4\; S\1/2\, NW\1/4\ NW\1/4\ Section 
24; Section 25; Section 26 except S\1/2\ NW\1/4\, N\1/2\ SW\1/4\; NE\1/
4\ Section 27; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 34; Section 35.
    T.12S., R.07W. Willamette Meridian: Section 5 except S\1/2\, SW\1/4\ 
NW\1/4\.
    T.12S., R.08W. Willamette Meridian: NW\1/4\ Section 5; E\1/2\ E\1/
2\, SW\1/4\ NE\1/4\ Section 6.
    T.12S., R.09W. Willamette Meridian S\1/2\ SW\1/4\, N\1/2\ NW\1/4\, 
SE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 1; E\1/2\, E\1/2\ NW\1/4\ 
Section 2.
[GRAPHIC] [TIFF OMITTED] TR24MY96.051

    Map and description of OR-03-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Corvallis, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.08S., R.06W. Willamette Meridian: SE\1/4\ NE\1/4\, NE\1/4\ NE\1/
4\, SW\1/4\ NE\1/4\, S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, S\1/2\ SE\1/4\, 
SW\1/4\ Section 31; W\1/2\ NW\1/4\ Section 33.
    T.08S., R.07W. Willamette Meridian: Section 31 except S\1/2\ SE\1/
4\.
    T.09S., R.06W. Willamette Meridian: N\1/2\ NE\1/4\, NW\1/4\ Section 
5; NE\1/4\, NW\1/4\, N\1/2\ SE\1/4\ Section 7.
    T.09S., R.07W. Willamette Meridian: Section 1 except NW\1/4\ NW\1/
4\; Section 3 except NE\1/4\; Section 9 except SE\1/4\ SE\1/4\; Section 
11; Section 13; W\1/2\, W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\ Section 15; 
SE\1/4\, E\1/2\ SW\1/4\ Section 17; NW\1/4\, NW\1/4\ SW\1/4\ Section 21; 
E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\ Section 23; Section 29 except SE\1/4\; 
Section 31; S\1/2\, SE\1/4\ NW\1/4\ Section 33; W\1/2\ W\1/2\, NE\1/4\ 
NE\1/4\ Section 35.
    T.09S., R.08W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
W\1/2\ SW\1/4\ Section 11; Section 27 except N\1/2\ NE\1/4\; Section 35.
    T.10S., R.05W. Willamette Meridian: SW\1/4\ NE\1/4\, W\1/2\ SE\1/4\, 
SW\1/4\, SE\1/4\ NW\1/4\ Section 29.
    T.10S., R.07W. Willamette Meridian: N\1/2\ Section 1; W\1/2\ NW\1/4\ 
Section 4; N\1/2\ Section 5.

    Critical Habitat includes only State lands described within the 
following areas:

    T.08S., R.07W. Willamette Meridian: SE\1/4\ Section 11; SE\1/4\ \1/
4\ Section 12; N\1/2\, N\1/2\ SE\1/4\ Section 13; E\1/2\, SW\1/4\ 
Section 14.
    T.09S., R.08W. Willamette Meridian: Section 28 except N\1/2\ N\1/2\; 
S\1/2\, NW\1/4\, S\1/2\ NE\1/4\ Section 29; SE\1/4\ Section 32; NE\1/4\ 
Section 33; Section 34 except NW\1/4\; Section 36 except N\1/2\ N\1/2\.
    T.10S., R.07W. Willamette Meridian: Section 6; N\1/2\ N\1/2\ Section 
7; NW\1/4\, SW\1/4\, SE\1/4\

[[Page 309]]

SE\1/4\, NW\1/4\ NE\1/4\ Section 18; Section 19 except W\1/2\ SW\1/4\.
    T.10S., R.08W. Willamette Meridian: Section 1 except SE\1/4\; 
Section 2; NE\1/4\, NW\1/4\, NW\1/4\ SW1\1/4\, SW\1/4\ SW\1/4\, NE\1/4\ 
SE\1/4\, NW\1/4\ SE\1/4\ Section 3; Section 4 except SW\1/4\ SE\1/4\, 
SE\1/4\ SW\1/4\; Section 5; E\1/2\ Section 6; NE\1/4\ Section 7; NE\1/
4\, E\1/2\ NW\1/4\, NW\1/4\ NW\1/4\ Section 8; NW\1/4\, NE\1/4\ NE\1/4\ 
Section 9; NW\1/4\, NE\1/4\ Section 10; N\1/2\ N\1/2\ Section 11; 
Section 12; Section 13 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 
19; E\1/2\ NE\1/4\, N\1/2\ SE\1/4\ Section 24.

    Critical Habitat includes only Private lands described within the 
following areas:

    T.09S., R.08W. Willamette Meridian: S\1/2\ SW\1/4\ Section 29.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.052
    
    Map and description of OR-04-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Corvallis, Waldport and Eugene, Oregon; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.11S., R.10W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 35.
    T.12S., R.09W. Willamette Meridian: N\1/2\ N\1/2\ Section 6; Section 
7 except NW\1/4\ NE\1/4\; Section 8 except NE\1/4\ NW\1/4\, W\1/2\ NE\1/
4\, NE\1/4\ NE\1/4\; SE\1/4\ SE\1/4\ Section 14; S\1/2\ NW\1/4\, SW\1/
4\, W\1/2\ SE\1/4\ Section 15; S\1/2\, S\1/2\ N\1/2\ Section 16; 
Sections 17-18; Section 19 except W\1/2\ W\1/2\, NE\1/4\ NE\1/4\, SE\1/
4\ SW\1/4\; Section 20 except SE\1/4\ NW\1/4\, S\1/2\ NE\1/4\; Section 
21; Section 22 except NE\1/4\ NE\1/4\; Section 23 except NW\1/4\ NW\1/
4\; Section 26 except NE\1/4\ NE\1/4\, SE\1/4\ SE\1/4\; Sections 27-28; 
N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 29; W\1/2\ Section 33.
    T.12S., R.10W. Willamette Meridian: Sections 1-2; Section 3 except 
E\1/2\ NW\1/4\, S\1/2\ NE\1/4\; Section 4; S\1/2\, E\1/2\ NE\1/4\, SW\1/
4\ NW\1/4\ Section 5; SE\1/4\ SE\1/4\ Section 6; Sections 7-8; N\1/2\, 
N\1/2\ SE\1/4\ Section 9; N1\1/2\ Section 10; Section 11 except SW\1/4\ 
SW\1/4\; Section 12; W\1/2\ NE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ NE\1/4\ 
Section 13; Sections 16-17; Section 18; Sections 19-21; Section 25 
except S\1/2\ S\1/2\, N\1/2\ NW\1/4\; S\1/2\ SE\1/4\ Section 26; Section 
28; Section 29 except SW\1/4\, NW\1/4\ SE\1/4\; Section 30 except S\1/2\ 
S\1/2\; E\1/2\ SE\1/4\ Section 31; Section 32 except W\1/2\ NW\1/4\; 
Section 33 except SW\1/4\ SE\1/4\; N\1/2\ SE\1/4\, NE\1/4\ Section 35.
    T.12S., R.11W. Willamette Meridian: S\1/2\ NW\1/4\, S\1/2\ SW\1/4\, 
NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 9; SE\1/4\, 
S\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 11; S\1/2\ Section 12; Section 
13 except S\1/2\ S\1/2\; Section 14 except N\1/2\ SW\1/4\, N\1/2\ SE\1/
4\, SE\1/4\ SE\1/4\; NE\1/4\ Section 22; Sections 23-24; Section 25 
except W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; Section 26 except SE\1/4\ NE\1/
4\; E\1/2\ Section 27; Section 35; Section 36 except E\1/2\ SE\1/4\, 
SE\1/4\ NE\1/4\.
    T.13S., R.09W. Willamette Meridian: Section 2 except SE\1/4\; NE\1/
4\ Section 4; SW\1/4\ Section 5; Section 6-7; W\1/2\ Section 8; Sections 
18-19; N\1/2\ SW\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 20; SW\1/
4\ SW\1/4\ Section 21; Section 28 except N\1/2\ NE\1/4\, NE\1/4\ NW\1/
4\; Section 29 except NW\1/4\ SW\1/4\; Section 30; Section 31 except 
N\1/2\ SW\1/4\, S\1/2\ NW\1/4\; Section 32-33; W\1/2\ W\1/2\, E\1/2\ 
SW\1/4\, SE\1/4\ Section 34; SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ Section 
35.
    T.13S., R.10W. Willamette Meridian: Section 1; Section 2; E\1/2\ 
E\1/2\ Section 3; S\1/2\ SW\1/4\, SW\1/4\ NE\1/4\, W\1/2\ SE\1/4\ 
Section 7; E\1/2\ SE\1/4\ Section 9; Section 10 except SW\1/4\ NW\1/4\; 
Sections 11-15; Section 16 except N\1/2\ NW\1/4\; Section 17 except N\1/
2\, NW\1/4\ SW\1/4\; Section 18; Sections 19-25; Section 26 except SW\1/
4\ SW\1/4\, SE\1/4\ SE\1/4\; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, Section 
27; SE\1/4\ SW\1/4\, NW\1/4\ Section 28; Section 29; N\1/2\, N\1/2\ 
SE\1/4\, NE\1/4\ SW\1/4\, SW\1/4\ SW\1/4\ Section 30; S\1/2\, E\1/2\ 
NE\1/4\ Section 31; E\1/2\ SE\1/4\, S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, 
NW\1/4\, NW\1/4\ NE\1/4\ Section 32; W\1/2\ Section 33; E\1/2\ SE\1/4\, 
NE\1/4\ SE\1/4\, NE\1/4\ NE\1/4\ Section 34; Section 35 except SE\1/4\ 
NE\1/4\, NE\1/4\ NW\1/4\.
    T.13S., R.11W. Willamette Meridian: Section 1 except SE\1/4\ SE\1/
4\; Section 2; Section 11 except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; NW\1/
4\, W\1/2\ NE\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SE\1/4\ Section 12; Section 
13 except W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, S\1/2\ SE\1/4\; N\1/2\ N\1/2\, 
SW\1/4\ NW\1/4\, S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ 
Section 14; Section 15 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, NW\1/4\ 
SW\1/4\; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 22; NW\1/4\, SW\1/4\ 
NE\1/4\ Section 23; S\1/2\ NE\1/4\, S\1/2\, NW\1/4\ NW\1/4\ Section 24; 
Section 25 except S\1/2\ N\1/2\, N\1/2\ SE\1/4\; S\1/2\ SW\1/4\, NW\1/4\ 
SW\1/4\, SE\1/4\ Section 26; E\1/2\, E\1/2\ W\1/2\ Section 34; Section 
35; Section 36 except SE\1/4\, E\1/2\ NE\1/4\.
    T.14S., R.09W. Willamette Meridian: Section 2 except NE\1/4\ NE\1/
4\, S\1/2\ S\1/2\; Section 3 except S\1/2\ S\1/2\, N\1/2\ SW\1/4\; 
Section 4 except S\1/2\ S\1/2\, N\1/2\ SE\1/4\; Section 5 except S\1/2\ 
SE\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\; E\1/2\, S\1/
2\ SW\1/4\ Section 6; Section 7 except S\1/2\ SW\1/4\, NW\1/4\ SE\1/4\, 
NE\1/4\ SW\1/4\; N\1/2\ NW\1/4\, SE\1/4\, S\1/2\ SW\1/4\, SE\1/4\ NE\1/
4\ Section 8; Section 9 except NW\1/4\ NW\1/4\; Section 10 except N\1/2\ 
NE\1/4\; Section 11 except N\1/2\ NW\1/4\, NE\1/4\, N\1/2\ SE\1/4\, 
SW\1/4\ SE\1/4\; S\1/2\ S\1/2\ Section 12; SW\1/4\, S\1/2\

[[Page 310]]

SE\1/4\, N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 13; Sections 14 except 
NW\1/4\ NE\1/4\, SE\1/4\ NW\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; 
Sections 15-16; S\1/2\ NE\1/4\, N\1/2\ SW\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ 
SW\1/4\ Section 18; N\1/2\ NW\1/4\, NE\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ 
SE\1/4\, SE\1/4\ SW\1/4\ Section 19; S\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ 
Section 20; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ Section 21; NW\1/4\ NW\1/4\ 
Section 22; E\1/2\, E\1/2\ NW\1/4\ Section 23; W\1/2\ W\1/2\ Section 24; 
W\1/2\, W\1/2\ E\1/2\ Section 25; E\1/2\ Section 26; S\1/2\ NW\1/4\, 
NW\1/4\ NW\1/4\ Section 36.
    T.14S., R.10W. Willamette Meridian: Section 1 except N\1/2\ SE\1/4\, 
E\1/2\ NE\1/4\; Section 2; Section 3 except SW\1/4\; Section 4; Section 
5 except W\1/2\ NE\1/4\, SE\1/4\ NW\1/4\; Section 6; N\1/2\ Section 7; 
Section 8 except SW\1/4\; Section 9 except S\1/2\ SW\1/4\; Sections 10-
13; Section 14; Section 15; N\1/2\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, 
NE\1/4\ SW\1/4\ Section 16; Section 17 except N\1/2\ NW\1/4\; N\1/2\ 
Section 20; E\1/2\, E\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 23; Section 
24 except E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\; NW\1/4\ Section 25.
    T.14S., R.11W. Willamette Meridian: Sections 1-2; SE\1/4\ NW\1/4\, 
SW\1/4\ SE\1/4\; Section 3; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\, W\1/2\ 
NW\1/4\ Section 4; S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\, 
NE\1/4\, S\1/2\ SW\1/4\ Section 5; NE\1/4\, SE\1/4\ NW\1/4\ Section 6; 
Section 7; Section 8 except NE\1/4\ NE\1/4\; S\1/2\ SE\1/4\, NE\1/4\ 
SE\1/4\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section 9; Section 10 except 
W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, NE\1/4\ NE\1/4\; 
Section 11; W\1/2\, NW\1/4\ NE\1/4\ Section 12; W\1/2\ W\1/2\, NE\1/4\ 
NW\1/4\ Section 13; Section 14; Section 15 except NE\1/4\ SE\1/4\; 
Section 16 except NW\1/4\ NW\1/4\; Section 17 except SE\1/4\ NE\1/4\; 
Sections 18-21; Section 22 except S\1/2\ N\1/2\, N\1/2\ SW\1/4\, N\1/2\ 
NE\1/4\; Section 23; Section 24 except NE\1/4\; Section 25 except W\1/2\ 
NW\1/4\; Section 26 except NE\1/4\ NE\1/4\, S\1/2\ SE\1/4\, NE\1/4\ 
SW\1/4\; Sections 27-30; N\1/2\, NE\1/4\ SW\1/4\ Section 31; NW\1/4\, 
N\1/2\ NE\1/4\, N\1/2\ SW\1/4\ Section 32; N\1/2\ Section 33; N\1/2\ 
N\1/2\, SW\1/4\ NW\1/4\ Section 34; N\1/2\ NW\1/4\ Section 35.
    T.14S., R.12W. Willamette Meridian: S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\ 
Section 1; Section 12 except W\1/2\ W\1/2\; Section 13 except NW\1/4\ 
NW\1/4\; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 14; SE\1/4\, E\1/2\ 
NE\1/4\, W\1/2\ SW\1/4\ Section 23; Sections 24-25.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.14S., R.09W. Willamette Meridian: E\1/2\ NW\1/4\, W\1/2\ NE\1/4\ 
Section 8.
[GRAPHIC] [TIFF OMITTED] TR24MY96.053

    Map and description of OR-04-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Waldport, Eugene, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.14S., R.09W. Willamette Meridian: SE\1/4\, S\1/2\ SW\1/4\, NW\1/4\ 
SW\1/4\, SW\1/4\ NW\1/4\ Section 28; Section 29 except N\1/2\ NE\1/4\; 
S\1/2\, S\1/2\ N\1/2\ Section 30; Section 31; Section 32; Section 33 
except SE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\; Section 34 except W\1/2\ NW\1/
4\, W\1/2\ NE\1/4\; S\1/2\ S\1/2\, SW\1/4\ NW\1/4\, E\1/2\ NW\1/4\, N\1/
2\ SW\1/4\ Section 35.
    T.14S., R.10W. Willamette Meridian: SE\1/4\ NE\1/4\, E\1/2\ SE\1/4\ 
Section 25; Section 29 except NE\1/4\ NE\1/4\; Sections 30-32.
    T.14S., R.11W. Willamette Meridian: SE\1/4\, S\1/2\ SW\1/4\ Section 
35; Section 36 except NW\1/4\, N\1/2\ NE\1/4\.
    T.15S., R.09W. Willamette Meridian: W\1/2\ W\1/2\ Section 1; 
Sections 2-5; Section 6 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; E\1/2\ 
NE\1/4\, SW\1/4\ NE\1/4\, SW\1/4\, W\1/2\ SE\1/4\, W\1/2\ NW\1/4\ 
Section 7; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\, E\1/2\ SE\1/4\, SW\1/4\ 
SE\1/4\, SE\1/4\ SW\1/4\ Section 8; Section 9 except S\1/2\ SW\1/4\; 
Section 10 except SE\1/4\; Section 11; N\1/2\ SW\1/4\, S\1/2\ NW\1/4\, 
NW\1/4\ NW\1/4\ Section 12; E\1/2\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, 
NW\1/4\ NW\1/4\, SE\1/4\ NW\1/4\ Section 13; Section 14 except NE\1/4\ 
SE\1/4\; Section 15; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, S\1/2\ NW\1/4\, 
NW\1/4\ NW\1/4\, SE\1/4\, E\1/2\ SW\1/4\ Section 16; E\1/2\ NE\1/4\, 
SW\1/4\ NE\1/4\, W\1/2\ SW\1/4\ Section 17; Section 18 except NE\1/4\ 
NE\1/4\; Section 19; SE\1/4\, NW\1/4\ NW\1/4\, S\1/2\ NE\1/4\ Section 
20; Section 21; Section 22 except E\1/2\ SW\1/4\; Sections 23-26; E\1/
2\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, SE\1/4\ NW\1/4\ Section 27; Section 
28; E\1/2\, E\1/2\ NW\1/4\, SE\1/4\ SW\1/4\ Section

[[Page 311]]

29; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 30; Section 32 except W\1/2\ 
NW\1/4\, NW\1/4\ SW\1/4\; Sections 33-36.
    T.15S., R.10W. Willamette Meridian: Section 1 except N\1/2\ NW\1/4\, 
SE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\, SE\1/4\; E\1/2\ SE\1/4\ Section 2; 
W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 4; Sections 5-8; W\1/2\, W\1/2\ 
SE\1/4\, SW\1/4\ NE\1/4\ Section 9; NE\1/4\ NE\1/4\ Section 11; NW\1/4\, 
E\1/2\ Section 12; E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, S\1/2\ SW\1/4\ 
Section 13; SW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 14; SW\1/
4\ SW\1/4\, E\1/2\ SW\1/4\, E\1/2\ NW\1/4\, E\1/2\ Section 15; S\1/2\ 
S\1/2\ Section 16; Sections 17-22; E\1/2\, SE\1/4\ SW\1/4\, NW\1/4\ 
NW\1/4\ Section 23; Section 24 except NE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\; 
SW\1/4\ Section 25; Section 26 except NE\1/4\; Sections 27-34; E\1/2\, 
N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ Section 35; NE\1/4\ 
NW\1/4\ Section 36.
    T.15S., R.11W. Willamette Meridian: Section 1; N\1/2\ N\1/2\, SE\1/
4\ NE\1/4\, SW\1/4\ SW\1/4\, SE\1/4\ SE\1/4\ Section 2; E\1/2\ SE\1/4\, 
SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\ Section 3; Section 4 except N\1/2\ NW\1/
4\; NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\ Section 5; SW\1/4\, W\1/2\ NW\1/4\, 
SE\1/4\ NW\1/4\, S\1/2\ NE\1/4\, SE\1/4\ Section 6; W\1/2\ Section 7; 
NE\1/4\, S\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, NE\1/4\ NW\1/
4\ Section 8; Section 9 except SW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ 
NW\1/4\; Section 10-11; Section 12 except SE\1/4\ SW\1/4\; Section 13 
except N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\; Section 14; Section 15 except 
SW\1/4\; NE\1/4\ NE\1/4\ Section 16; E\1/2\ SE\1/4\ Section 21; E\1/2\ 
E\1/2\, W\1/2\ SE\1/4\, SW\1/4\ Section 22; Sections 23-27; Section 28 
except N\1/2\ N\1/2\; S\1/2\, SE\1/4\ NE\1/4\ Section 29; S\1/2\, S\1/2\ 
NW\1/4\, SW\1/4\ NE\1/4\ Section 30; Section 31 except N\1/2\ NW\1/4\, 
NW\1/4\ NE\1/4\, SE\1/4\ NE\1/4\; Section 32 except S\1/2\ N\1/2\, NE\1/
4\ SE\1/4\; Section 33 except S\1/2\ SE\1/4\; Section 34 except S\1/2\ 
S\1/2\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; Section 35 except SW\1/4\ 
NW\1/4\, NW\1/4\ NE\1/4\, NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\; Section 36.
    T.15S., R.12W. Willamette Meridian: Section 1 except NW\1/4\; 
Section 2; E\1/2\, E\1/2\ NW\1/4\ Section 3; N\1/2\ NE\1/4\, SE\1/4\ 
NE\1/4\, NE\1/4\ NW\1/4\ Section 10; Section 11 except SE\1/4\ SE\1/4\; 
Section 12 except S\1/2\ S\1/2\; SE\1/4\ Section 22; Section 25 except 
NE\1/4\ NE\1/4\; S\1/2\, NE\1/4\, S\1/2\ NW\1/4\ Section 26; E\1/2\ E\1/
2\ Section 27; E\1/2\ Section 34; Section 35; Section 36 except N\1/2\ 
N\1/2\.
    T.16S., R.09W. Willamette Meridian: Section 1 except N\1/2\ S\1/2\, 
SE\1/4\ SE\1/4\; Section 2 except E\1/2\ SE\1/4\; Sections 3-5; Section 
6 except N\1/2\ N\1/2\, SW\1/4\ NE\1/4\; Section 7 except E\1/2\ NE\1/
4\; Sections 8-15; Section 16 except SE\1/4\; Section 17; Section 18 
except SW\1/4\ SW\1/4\; Section 19; NW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\, 
N\1/2\ NE\1/4\ Section 20; Section 21 except SW\1/4\ SW\1/4\; Sections 
22-24; N\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, W\1/2\ NE\1/4\, SW\1/4\ NW\1/4\ 
Section 25; Section 26 except S\1/2\ SE\1/4\; Sections 27-28; Section 29 
except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; Section 30; W\1/2\ Section 31; 
Sections 32-34; Section 35 except NE\1/4\, S\1/2\ SW\1/4\, E\1/2\ NW\1/
4\.
    T.16S., R.10W. Willamette Meridian: SE\1/4\, S\1/2\ NE\1/4\ Section 
1; SW\1/4\ SE\1/4\, SW\1/4\ Section 2; Section 3 except E\1/2\ NE\1/4\, 
NE\1/4\ SE\1/4\, NW\1/4\ SW\1/4\; SW\1/4\, NW\1/4\ NW\1/4\, S\1/2\ SE\1/
4\, NE\1/4\ NE\1/4\ Section 4; Section 5 except SE\1/4\ NE\1/4\; 
Sections 6-9; Section 10 except SE\1/4\ NE\1/4\, SW\1/4\ SW\1/4\; N\1/
2\, NW\1/4\ SE\1/4\, NE\1/4\ SE\1/4\, SW\1/4\ SW\1/4\ Section 11; 
Section 12 except SW\1/4\ NE\1/4\, NW\1/4\; Section 13 except S\1/2\ 
SE\1/4\, SE\1/4\ SW\1/4\; Section 14; Section 15 except W\1/2\ W\1/2\, 
SE\1/4\ SW\1/4\, NE\1/4\ NW\1/4\; Section 16 except N\1/2\ NE\1/4\, S\1/
2\ SE\1/4\; Section 17-21; Section 22 except W\1/2\ E\1/2\, NE\1/4\ 
NE\1/4\; Section 23; Section 24 except NW\1/4\ NE\1/4\, E\1/2\ NW\1/4\, 
NE\1/4\ SW\1/4\; N\1/2\ NW\1/4\, NE\1/4\ NE\1/4\, E\1/2\ SE\1/4\, W\1/2\ 
SW\1/4\ Section 25; Section 26 except S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\; 
Section 27 except S\1/2\ NE\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\; 
Section 28; Section 29 except SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; Section 
30 except NW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\; Section 31; Section 32 
except N\1/2\ N\1/2\; Section 33 except W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; NW\1/4\ NE\1/4\, NW\1/4\, W\1/2\ SW\1/
4\ Section 34; NE1/4 Section 35.
    T.16S., R.11W. Willamette Meridian: E\1/2\, E\1/2\ NW\1/4\ Section 
1; Section 2 except SW\1/4\ NW\1/4\; W\1/2\ Section 3; Section 4-6; N\1/
2\ N\1/2\, S\1/2\ NE\1/4\ Section 8; N\1/2\ Section 9; Section 10 except 
SE\1/4\ SE\1/4\; Section 11 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; 
Section 12 except NE\1/4\ NW\1/4\; Section 13; Section 14 except N\1/2\ 
NW\1/4\; S\1/2\ NE\1/4\, SE\1/4\ Section 15; Section 19 except N\1/2\ 
N\1/2\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; S\1/2\ SW\1/4\, NE\1/4\ SE\1/
4\, W\1/2\ SE\1/4\ Section 20; S\1/2\ SE\1/4\, SW\1/4\ Section 21; 
Section 22 except NW\1/4\ NW\1/4\; Sections 23-27; Section 28 except 
NW\1/4\ NW\1/4\; Section 29 except NE\1/4\ NE\1/4\; Sections 30-36.
    T.16S., R.12W. Willamette Meridian: Sections 1 except S\1/2\ S\1/2\; 
Section 2; E\1/2\ Section 3; NE\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, 
E\1/2\ SW\1/4\ Section 10; N\1/2\ Section 11; S\1/2\ S\1/2\ Section 14; 
W\1/2\, SE\1/4\ SE\1/4\ Section 15; N\1/2\ NE\1/4\ Section 22; Section 
23 except N\1/2\ NE\1/4\; Sections 24-26; Sections 35-36.
    T.17S., R.08W. Willamette Meridian: N\1/2\ SE\1/4\ Section 18.
    T.17S., R.09W. Willamette Meridian: Section 1 except E\1/2\ SE\1/4\, 
SW\1/4\ SE\1/4\; Section 2 except E\1/2\ W\1/2\, S\1/2\ NE\1/4\; Section 
3 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; Section 4 
except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 5; Section 6 except 
NW\1/4\; Section 7; Section 8; W\1/2\ Section 9; N\1/2\ NW\1/4\, NW\1/4\ 
NE\1/4\ Section 10; W\1/2\ NE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ NE\1/4\, 
S\1/2\ SW\1/4\ Section 11; SE\1/4\ SE\1/4\ Section 14; W\1/2\ W\1/2\ 
Section 16; Section 17 except W\1/2\ SE\1/4\, SE\1/4\ SW\1/4\; Sections 
18-19; Section 20 except E\1/2\ E\1/2\, NW\1/4\ NE\1/4\; NW\1/4\ NW\1/4\ 
Section 21; S\1/2\ SW\1/4\ Section 25; S\1/2\ SE\1/4\ Section 26; W\1/2\ 
NW\1/4\ Section 28; N\1/2\ Section 29; N\1/2\ N\1/2\, W\1/2\ SW\1/4\, 
SW\1/4\ NW\1/4\, SE\1/4\ SW\1/4\ Section 30; Section 31 except S\1/2\ 
NE\1/4\, NE\1/4\ SE\1/4\; E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, S\1/2\ SE\1/
4\, SW\1/4\ NW\1/4\ Section 32; S\1/2\ SE\1/4\ Section 33; S\1/2\ S\1/
2\, N\1/2\ SE\1/4\ Section 34; S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\ Section 
35.
    T.17S., R.10W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 1; 
Section 3 except E\1/2\, NE\1/4\ NW\1/4\; Section 4; Section 5 except 
SW\1/4\ NW\1/4\; Section 6 except S\1/2\ NE\1/4\, NW\1/4\ SE\1/4\; 
Section 7-9; N\1/2\, NW\1/4\ SE\1/4\, W\1/2\ SW\1/4\ Section 10; SW\1/4\ 
NW\1/4\ Section 11; E\1/2\ E\1/2\, NE\1/4\

[[Page 312]]

NW\1/4\, NW\1/4\ NE\1/4\, SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\ Section 12; 
Section 13; S\1/2\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\ Section 14; SE\1/
4\, NW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\ Section 15; Section 16 except W\1/
2\ NE\1/4\, NE\1/4\ SE\1/4\; Sections 17-18; Section 19 except SW\1/4\ 
NW\1/4\, SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\; Section 20-21; Section 22 
except N\1/2\ NW\1/4\; Section 23 except N\1/2\ SW\1/4\, S\1/2\ SE\1/4\; 
NW\1/4\, N\1/2\ NE\1/4\, N\1/2\ SW\1/4\ Section 24; Section 25 except 
N\1/2\ NE\1/4\; Section 26; Section 27 except SW\1/4\ SW\1/4\, SW\1/4\ 
NW\1/4\, NE\1/4\ NW\1/4\; Section 28 except SE\1/4\ SE\1/4\; Section 29 
except S\1/2\ SW\1/4\; Sections 30-31; Section 32 except N\1/2\ NW\1/4\, 
NE\1/4\ NW\1/4\ ; Section 33 except NE\1/4\ NE\1/4\; NE\1/4\, SW\1/4\, 
SW\1/4\ NW\1/4\, SW\1/4\ SE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ NW\1/4\ 
Section 34; Section 35 except SW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\.
    T.17S., R.11W. Willamette Meridian: Section 1 except SE\1/4\ SW\1/
4\, S\1/2\ SE\1/4\; Section 2; S\1/2\, E\1/2\ NE\1/4\, NW\1/4\ NW\1/4\, 
S\1/2\ NW\1/4\ Section 3; Sections 4-5; Section 6 except S\1/2\ SE\1/4\; 
S\1/2\ NE\1/4\, S\1/2\, NE\1/4\ NW\1/4\, S\1/2\ NW\1/4\ Section 7; 
Sections 8-9; NW\1/4\, NW\1/4\ SW\1/4\ Section 10; Section 11 except 
SE\1/4\ NW\1/4\, W\1/2\ NW\1/4\, SW\1/4\; Section 12; SE\1/4\ NE\1/4\, 
N\1/2\ N\1/2\ Section 13; NE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\, E\1/2\ SW\1/
4\ Section 14; Section 16 except E\1/2\ E\1/2\; W\1/2\, S\1/2\ SE\1/4\, 
NW\1/4\ SE\1/4\ Section 17; Section 18; Section 19 except NW\1/4\ NW\1/
4\, SW\1/4\ SW\1/4\; Section 20; W\1/2\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/
4\ Section 21; E\1/2\ NE\1/4\ Section 22; NW\1/4\, W\1/2\ NE\1/4\, N\1/
2\ S\1/2\ Section 23; SE\1/4\ SE\1/4\ Section 24; Section 25 except N\1/
2\ NW\1/4\; E\1/2\ SE\1/4\ Section 26; W\1/2\ Section 28; Section 29; 
S\1/2\ NW\1/4\, NE\1/4\, N\1/2\ SE\1/4\, E\1/2\ SW\1/4\, NE\1/4\ NW\1/4\ 
Section 30; Section 31 except NW\1/4\, NW\1/4\ NE\1/4\, NW\1/4\ SW\1/4\; 
Section 32; W\1/2\ Section 33; SE\1/4\, SE\1/4\ NE\1/4\ Section 34; 
Section 35 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; Section 36.
    T.17S., R.12W. Willamette Meridian: Section 1; Section 2 except W\1/
2\ NW\1/4\; SE\1/4\, NE\1/4\ SW\1/4\ Section 3; NE\1/4\, NE\1/4\ SE\1/4\ 
Section 10; N\1/2\ Section 11; Section 12 except S\1/2\ SW\1/4\, NW\1/4\ 
SW\1/4\; E\1/2\ Section 13; E\1/2\ NE\1/4\, E\1/2\ SE\1/4\, NW\1/4\ 
SE\1/4\ Section 24.
    T.18S., R.09W. Willamette Meridian: W\1/2\ NE\1/4\, E\1/2\ NW\1/4\, 
NW\1/4\ NW\1/4\ Section 1; Section 2 except S\1/2\ SE\1/4\, NE\1/4\ 
SE\1/4\, SE\1/4\ NE\1/4\; Section 3; Section 4 except W\1/2\ SW\1/4\; 
N\1/2\ NE\1/4\ Section 5; N\1/2\ NE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/
4\ Section 7; Section 8 except S\1/2\ S\1/2\, N\1/2\ NW\1/4\; N\1/2\ 
N\1/2\, SW\1/4\ NE\1/4\ Section 9; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ 
Section 10; NE\1/4\ NW\1/4\ Section 11.
    T.18S., R.10W. Willamette Meridian: N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, 
NE\1/4\ NW\1/4\ Section 4; N\1/2\ NE\1/4\, NW\1/4\, W\1/2\ SW\1/4\ 
Section 5; Section 6; N\1/2\ NE\1/4\ Section 7; NW\1/4\ NW\1/4\ Section 
8.
    T.18S., R.11W. Willamette Meridian: Section 1 except SW\1/4\ SW\1/
4\, SE\1/4\ SE\1/4\; N\1/2\, NW\1/4\ SE\1/4\ Section 2; NE\1/4\, N\1/2\ 
SE\1/4\, SE\1/4\ SE\1/4\ Section 3; NW\1/4\ NW\1/4\ Section 4; W\1/2\ 
NW\1/4\, NE\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ Section 5; Section 6 except 
SW\1/4\ SW\1/4\.

    Critical Habitat includes only State lands described within the 
following areas:

    T.17., R.08W. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ 
Section 18; NE\1/4\, NW\1/4\ SE\1/4\ Section 19.
    T.17., R.09W. Willamette Meridian: N\1/2\ SW\1/4\, SW\1/4\ NE\1/4\, 
S\1/2\ NW\1/4\ Section 25; SE\1/4\ NE\1/4\, N\1/2\ SE\1/4\ Section 26; 
Section 32 except N\1/2\ S\1/2\, E\1/2\ NE\1/4\, SW\1/4\ NW\1/4\; S\1/2\ 
NW\1/4\, NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\, S\1/2\ SW\1/
4\ Section 33.
    T.18S., R.09W. Willamette Meridian: W\1/2\ SW\1/4\ Section 4; SE\1/
4\, S\1/2\ NE\1/4\, N\1/2\ NW\1/4\ Section 5; N\1/2\ SE\1/4\, SE\1/4\ 
NE\1/4\ Section 9.
[GRAPHIC] [TIFF OMITTED] TR24MY96.054

    Map and description of OR-04-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Reedsport, Eugene and Cottage Grove, 
Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.18S., R.09W. Willamette Meridian: SE\1/4\ Section 23; Section 25; 
S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 26; Section 27 
except N\1/2\, NW\1/4\ SW\1/4\; S\1/2\ SE\1/4\ Section 28; S\1/2\ 
Section 32; Section 33 except NW\1/4\ NW\1/4\; Sections 34-36.
    T.18S., R.10W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 8; 
Section 9 except NE\1/4\ SE\1/4\, N\1/2\; NW\1/4\ NW\1/4\ Section 10; 
Section 15 except N1/2 NE\1/4\, SE\1/4\ NE\1/4\; SW\1/4\ SW\1/4\ Section 
16; Section 17 except NE1/4 NE\1/4\; Section 18; Sections 19-20; E\1/2\ 
NE\1/4\, SW\1/4\ NW\1/4\ Section 21; Section 22 except E\1/2\ NE\1/4\, 
NW\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section 23 except NE\1/4\, N\1/2\ 
NW\1/4\, NW\1/4\ SE\1/4\; Section 25; Section 26; Section 27 except 
SE\1/4\ SW\1/4\, N\1/2\ SW\1/4\; W\1/2\ W\1/2\, E\1/2\ E\1/2\ Section 
28; Section 29-32; Section 33 except E\1/2\ W\1/2\, NW\1/4\ SW\1/4\, 
SW\1/4\ SE\1/4\; Section 34 except SW\1/4\, NE\1/4\ NW\1/4\, S\1/2\ 
NW\1/4\, NW\1/4\ SE\1/4\; Section 35 except NE\1/4\ NW\1/4\.
    T.18S., R.11W. Willamette Meridian: S\1/2\ S\1/2\ Section 11; S\1/2\ 
S\1/2\ Section 12; Section 13; Section 14 except NW\1/4\ NW\1/4\; 
Section 22 except N\1/2\ NW\1/4\, SW\1/4\ SW\1/4\; Sections 23-26; E\1/
2\, E\1/2\ NW\1/4\ Section 27; S\1/2\ SW\1/4\, W\1/2\ SE\1/4\

[[Page 313]]

Section 28; SE\1/4\, NE\1/4\ NE\1/4\, S\1/2\ NE\1/4\ Section 29; NE\1/4\ 
NE\1/4\ Section 32; Section 33-36.
    T.19S., R.09W. Willamette Meridian: Sections 1-2; Section 3 except 
S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\; Section 4; Section 5 except NE\1/4\ 
SW\1/4\; Section 6 except N\1/2\ NW\1/4\, E\1/2\ SE\1/4\, S\1/2\ SW\1/
4\; Section 7 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, W\1/2\ SW\1/4\; 
Sections 8-9; E\1/2\ Section 11; E\1/2\ NW\1/4\, NE\1/4\ Section 12; 
Section 13; Section 15; Section 17; Section 18 except W\1/2\ SW\1/4\; 
Sections 19-23; Section 24 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/
4\ NE\1/4\; Section 25; N1/2 N1/2, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, S\1/
2\ SE\1/4\ Section 26; Sections 27-33; N\1/2\ NE\1/4\, W\1/2\ W\1/2\ 
Section 34; Section 35; Section 36 except E\1/2\ NW\1/4\, W\1/2\ NE\1/
4\, NE\1/4\ SW\1/4\.
    T.19S., R.10W. Willamette Meridian: Section 1; Section 2 except W\1/
2\ SE\1/4\, SE\1/4\ NE\1/4\; Section 3; Section 4 except S\1/2\ SE\1/4\; 
Sections 5-8; Section 9 except E\1/2\ NE\1/4\; Section 10 except N\1/2\ 
N\1/2\, SW\1/4\ NW\1/4\, SE\1/4\ NE\1/4\; Section 11 except N\1/2\ N\1/
2\, SW\1/4\ NW\1/4\; Section 12 except E\1/2\ SE\1/4\; Section 13 except 
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\; Sections 14-23; Section 24 except N\1/
2\ NE\1/4\, NE\1/4\ NW\1/4\; Sections 25-26; Section 27 except SE\1/4\ 
SE\1/4\; Section 28; Section 29 except W\1/2\ SW\1/4\; N\1/2\ Section 
30; E\1/2\ SE\1/4\ Section 31; Section 32 except S\1/2\ SE\1/4\, SE\1/4\ 
SW\1/4\; Section 33-36.
    T.19S., R.11W. Willamette Meridian: Section 1; N\1/2\ N\1/2\, W\1/2\ 
SW\1/4\, SW\1/4\ NW\1/4\ Section 2; Section 3 except SW\1/4\ SW\1/4\; 
Section 4; Section 9 except E\1/2\ NE\1/4\, S\1/2\ SW\1/4\, NW\1/4\ 
SW\1/4\, SE\1/4\, SE\1/4\ SE\1/4\; Section 10 except S\1/2\, W\1/2\ 
NW\1/4\; Section 12 except N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\; Section 13; 
E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 14; SW\1/4\ SE\1/4\, SW\1/4\ 
Section 15; SE\1/4\ SE\1/4\ Section 16; Section 21 except N\1/2\ NW\1/
4\; Section 22 except E\1/2\ NE\1/4\; Section 23 except S1/2 SW\1/4\; 
Section 24; NE\1/4\, N\1/2\ NW\1/4\ Section 25; NE\1/4\ NE\1/4\ Section 
26; N\1/2\, W\1/2\ SW\1/4\ Section 27; Section 28 except NE\1/4\ SW\1/
4\; N\1/2\ NE\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\, 
NE\1/4\ SW\1/4\ Section 33.
    T.20S., R.09W. Willamette Meridian: Section 1 except SE\1/4\ SW\1/
4\; Section 2 except SW\1/4\ SW\1/4\; Section 3 except S\1/2\ SE\1/4\; 
Sections 4-6; Section 7 except W\1/2\ W\1/2\; Section 8; Section 9 
except SE\1/4\ SE\1/4\; SE\1/4\, S\1/2\ NW\1/4\ Section 10; Section 11 
except NW\1/4\ NW\1/4\; Section 12 except NE\1/4\ NW\1/4\, NW\1/4\ SW\1/
4\; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 13; NE\1/4\ NW\1/4\, N\1/2\ 
NE\1/4\ Section 14.
    T.20S., R.10W. Willamette Meridian: N\1/2\ Section 1; N\1/2\ NW\1/4\ 
Section 5; Section 6 except NW\1/4\ NW\1/4\; W\1/2\, N\1/2\ NE\1/4\, 
NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 7; Section 18 except SE\1/4\ 
SW\1/4\, E\1/2\ SE\1/4\; SW\1/4\, NW\1/4\ SE\1/4\, W\1/2\ NW\1/4\, SE\1/
4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 19; W\1/2\ Section 30.
    T.20S., R.11W. Willamette Meridian: Section 10 except S\1/2\ SW\1/
4\, NW\1/4\ SW\1/4\; Sections 11-14; E\1/2\ Section 15; NE\1/4\ Section 
22; Section 23 except SW\1/4\; Section 24-25; NE\1/4\, E\1/2\ SE\1/4\ 
Section 26; N\1/2\ SE\1/4\, S\1/2\ NE\1/4\ Section 35; NW\1/4\, N\1/2\ 
NW\1/4\, N\1/2\ NE\1/4\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.055

    Map and description of OR-04-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Reedsport and Cottage Grove, Oregon; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.20S., R.10W. Willamette Meridian: S\1/2\ Section 11; W\1/2\ SW\1/
4\ Section 12; NW\1/4\ SW\1/4\ Section 13; NE\1/4\, N\1/2\ SE\1/4\, N\1/
2\ NW\1/4\ Section 14; SE\1/4\ SE\1/4\ Section 22; W\1/2\, S\1/2\ SE\1/
4\, NW\1/4\ SE\1/4\, W\1/2\ NE\1/4\ Section 23; SW\1/4\ NW\1/4\ Section 
25; Section 26; Section 27 except W\1/2\ W\1/2\, E\1/2\ SW\1/4\; NE\1/4\ 
Section 34; Section 35.
    T.21S., R.09W. Willamette Meridian: S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ 
Section 2; Section 3 except NW\1/4\ NE\1/4\; E\1/2\ E\1/2\, NE\1/4\ 
SW\1/4\, SW\1/4\ SW\1/4\ Section 5; SE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ 
SW\1/4\, SE\1/4\ NW\1/4\ Section 6; Sections 7-8; Section 9 except S\1/
2\ NE\1/4\; SW\1/4\, SE\1/4\ NW\1/4\ Section 10; Section 11; Section 14 
except E\1/2\ E\1/2\; Section 15; Sections 17-19; NW\1/4\ Section 20; 
Section 21; W\1/2\ NE\1/4\ Section 22; Section 23; Section 29; Sections 
31-33.
    T.21S., R.10W. Willamette Meridian: Section 2-3; NE\1/4\ NE\1/4\ 
Section 4; SW\1/4\, S\1/2\ SE\1/4\, S\1/2\ NW\1/4\ Section 6; Section 7; 
Section 8 except NE\1/4\; W\1/2\ SW\1/4\ Section 9; N\1/2\ E\1/2\ 
Section 10; Sections 11-14; Section 15 except W\1/2\ NW\1/4\; NW\1/4\ 
NW\1/4\ Section 16; Sections 17-21; Section 22 except NW\1/4\; Sections 
23-35.
    T.21S., R.11W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 1; E\1/
2\ NE\1/4\ Section 12; S\1/2\ NE\1/4\, S\1/2\ SW\1/4\, NW\1/4\, S\1/2\ 
SE\1/4\, NE\1/4\ SE\1/4\ Section 23; Sections 24-25; Section 26 except 
N\1/2\ NW\1/4\; Section 27 except N\1/2\ N\1/2\; Section 28 except N\1/
2\ N\1/2\, N\1/2\ SW\1/4\; NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ 
Section 33; N\1/2\, N\1/2\ SE\1/4\ Section 34; Section 35 except S\1/2\ 
NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\; Section 36 except SW\1/4\ SW\1/4\.
    T.22S., R.09W. Willamette Meridian: NE\1/4\ NE\1/4\, N\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\, SW\1/4\ Section 4; Section 5 except SW\1/4\, S\1/2\ 
NW\1/4\; Section 6 except SE\1/4\, S\1/2\ NE \1/4\; Section 7 except 
E\1/2\

[[Page 314]]

SE\1/4\; Section 9 W\1/2\ SW\1/4\; NW\1/4\ SW\1/4\, NW\1/4\ NW\1/4\ 
Section 17.
    T.22S., R.10W. Willamette Meridian: Sections 1-5; E\1/2\ Section 6; 
Section 8 except W\1/2\ W\1/2\; Sections 9-12; N\1/2\ Section 13; N\1/2\ 
N\1/2\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ SE\1/4\ Section 14; 
NW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SW\1/4\ Section 15; NE\1/4\ Section 17.
    T.22S., R.11W. Willamette Meridian: NE\1/4\ Section 1.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.22S., R.11W. Willamette Meridian: SE\1/4\ NE\1/4\ Section 1.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.056
    
    Map and description of OR-04-e taken from United States Fish and 
Wildlife Service 1:100,000 map; Cottage Grove and Roseburg, Oregon; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.23S., R.08W. Willamette Meridian: Section 3 except NW\1/4\ NW\1/
4\; Section 5; S\1/2\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\ Section 6; 
Section 7; Section 9; NW\1/4\, S\1/2\ S\1/2\, NW\1/4\ SW\1/4\ Section 
11; Section 13 except N\1/2\ NE\1/4\; Section 14 except N\1/2\ NE\1/4\, 
NE\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\; 
Section 15; Section 17-19; Section 20 except N\1/2\ NE\1/4\, SE\1/4\ 
NE\1/4\, NE\1/4\ SE\1/4\; Section 21; Section 23 except S\1/2\ NE\1/4\, 
SW\1/4\ NW\1/4\; Section 27; Section 28 except N\1/2\ NE\1/4\, SE\1/4\ 
NE\1/4\, NE\1/4\ NW\1/4\; Sections 29-33; Section 35 except E\1/2\ NE\1/
4\.
    T.23S., R.09W. Willamette Meridian: Section 3 except NE\1/4\; 
Sections 7-8; Section 13 except NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\; 
Sections 14-17; Section 20 except S\1/2\ N\1/2\; Sections 21-22; N\1/2\ 
Section 23; Sections 24-25; Section 26 except NW\1/4\; Section 27; 
Section 28 except E\1/2\ SE\1/4\; Section 29.
    T.23S., R.10W. Willamette Meridian: Section 1.
    T.24S., R.07W. Willamette Meridian: SE\1/4\ NW\1/4\ Section 6; 
Section 7; E\1/2\ Section 18; Section 19 except E\1/2\ E\1/2\, SW\1/4\ 
SE\1/4\.
    T.24S., R.08W. Willamette Meridian: Section 1; Section 3; E\1/2\, 
E\1/2\ SW\1/4\ Section 9; Sections 10-11; Section 13; Section 15; SW\1/
4\ NE\1/4\, SE\1/4\ Section 17; Section 20 except NW\1/4\; Section 21; 
SE\1/4\ Section 22; Section 23; Section 25; Sections 27-29; Section 33; 
Section 35.
    T.25S., R.07W. Willamette Meridian: S\1/2\ S\1/2\, NW\1/4\ SE\1/4\ 
Section 6; S\1/2\ S\1/2\ Section 7; S\1/2\ SW\1/4\ Section 9; NW\1/4\ 
NW\1/4\ Section 15; Section 17; Section 18 except W\1/2\ W\1/2\; Section 
19; NE\1/4\ NW\1/4\ Section 20; S\1/2\ S\1/2\, NW\1/4\ SE\1/4\ NE\1/4\ 
SW\1/4\ Section 21; Section 27 except NE\1/4\ NE\1/4\, E\1/2\ SE\1/4\; 
SW\1/4\ Section 28; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, E\1/2\ 
SW\1/4\ Section 29; NW\1/4\ NW\1/4\ Section 30; E\1/2\, E\1/2\ SW\1/4\ 
Section 31; W\1/2\ Section 32; W\1/2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, 
NW\1/4\ SE\1/4\ Section 33; NW\1/4\ NW\1/4\ Section 34.
    T.25S., R.08W. Willamette Meridian: Section 1; Sections 3-4; E\1/2\ 
E\1/2\ Section 5; Section 8 except W\1/2\; Section 9; N\1/2\ NE\1/4\, 
NE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 10; Section 11; NE\1/4\ NE\1/4\ 
Section 12; Section 13; S\1/2\ SW\1/4\, NE\1/4\ NW\1/4\ Section 14; N\1/
2\ N\1/2\, SW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 15; Section 
20; Section 23; Section 24 except SE\1/4\, W\1/2\ NW\1/4\; Section 25; 
Section 30 except SW\1/4\, W\1/2\ NW\1/4\; Section 32 except SE\1/4\.
    T.26S., R.07W. Willamette Meridian: Section 5; Section 6 except 
NW\1/4\; Section 7 except NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; N\1/2\ NE\1/
4\, SE\1/4\ NE\1/4\, E\1/2\ SE\1/4\, N\1/2\ SW\1/4\, NW\1/4\ NW\1/4\ 
Section 8; Section 9 except N\1/2\ NW\1/4\.
    T.26S., R.08W. Willamette Meridian: W\1/2\, E\1/2\ SE\1/4\, SE\1/4\ 
NE\1/4\ Section 1; NW\1/4\ SE\1/4\, SE\1/4\ NW\1/4\ Section 12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.057

    Map and description of OR-04-f taken from United States Fish and 
Wildlife Service 1:100,000 map; Cottage Grove and Roseburg, Oregon; 
1995.

[[Page 315]]

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.22S., R.06W. Willamette Meridian: S\1/2\, S\1/2\ NE\1/4\ Section 
17; Section 19; Section 21; Section 29; Section 30 except W\1/2\ NW\1/
4\, SE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Section 31; NW\1/4\ NE\1/4\, NE\1/
4\ NW\1/4\ Section 32.
    T.23S., R.06W. Willamette Meridian: W\1/2\ W\1/2\ Section 4; Section 
5; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ Section 8; NW\1/4\ NW\1/4\ Section 9; 
Section 19; Section 31; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 32.
    T.23S., R.07W. Willamette Meridian: N\1/2\ NW\1/4\, S\1/2\ NE\1/4\, 
N\1/2\ SW\1/4\, NW\1/4\ SE\1/4\ Section 3; NE\1/4\ NE\1/4\ Section 4; 
SE\1/4\ SE\1/4\ Section 14; E\1/2\ NW\1/4\, S\1/2\ NE\1/4\, NE\1/4\ 
SE\1/4\ Section 15; Section 23 except N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
W\1/2\ NE\1/4\, SW\1/4\ SW\1/4\; Section 25; S\1/2\ S\1/2\ Section 27; 
S\1/2\ S\1/2\ Section 33.
    T.24S., R.07W. Willamette Meridian: N\1/2\ NW\1/4\ Section 2; S\1/2\ 
SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 3; 
Section 11 except NE\1/4\, NE\1/4\ NW\1/4\; N\1/2\ N\1/2\, W\1/2\ SW\1/
4\, SW\1/4\ NW\1/4\ Section 15; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\, SW\1/4\ 
SW\1/4\ Section 21; Section 23; Section 25; Section 27 except SW\1/4\, 
S\1/2\ NW\1/4\; SE\1/4\ SW\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\ 
Section 28; Section 35.
    T.25S., R.07W. Willamette Meridian: Section 1; NE\1/4\ Section 2; 
Section 3; Section 11 except N\1/2\ NW\1/4\; NW\1/4\ SW\1/4\ Section 12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.058

    Map and description of OR-04-g taken from United States Fish and 
Wildlife Service 1:100,000 map; Cottage Grove, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.21S., R.06W. Willamette Meridian: Section 31.
    T.21S., R.07W. Willamette Meridian: W\1/2\ Section 7; Section 16 
except NW\1/4\; Section 17; N\1/2\ Section 18; Section 19; NW\1/4\, N\1/
2\ NE\1/4\, SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ Section 
20; Section 21; Section 25; NE\1/4\ Section 28; Section 29; N\1/2\, N\1/
2\ SW\1/4\, SW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section 30; Section 31; 
Section 33; Section 35.
    T.21S., R.08W. Willamette Meridian: Section 1; Section 2 except W\1/
2\ SW\1/4\; Section 10 except N\1/2\ NE\1/4\; Section 11; Section 12 
except S\1/2\ SW\1/4\, NE\1/4\ NE\1/4\; Section 13; Section 23; E\1/2\ 
Section 24; Section 25; N\1/2\ N\1/2\ Section 26; Section 35 except 
SW\1/4\ NW\1/4\, E\1/2\ NE\1/4\, SE\1/4\ SE\1/4\, NW\1/4\ SW\1/4\.
    T.22S., R.06W. Willamette Meridian: Section 5; NW\1/4\, N\1/2\ NE\1/
4\, N\1/2\ SW\1/4\ Section 7.
    T.22S., R.07W. Willamette Meridian: Section 1; W\1/2\ Section 6; 
Section 7 except W\1/2\ NW\1/4\; Section 11 except NW\1/4\; NW\1/4\, 
N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, NE\1/4\ SW\1/4\ Section 15.
    T.22S., R.08W. Willamette Meridian: Section 1; NE\1/4\, S\1/2\ NW\1/
4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 5; NE\1/4\ SE\1/4\ Section 
12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.059

    Map and description of OR-04-i taken from United States Fish and 
Wildlife Service 1:100,000 map; Eugene and Cottage Grove, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.17S., R.06W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 35; 
SW\1/4\ SW\1/4\ Section 36.
    T.17S., R.07W. Willamette Meridian: Section 11; S\1/2\, SW\1/4\ 
NW\1/4\ Section 13; Section 15; NW\1/4\, S\1/2\ S\1/2\, NW\1/4\ NE\1/4\ 
Section 19; SE\1/4\ Section 25; Section 29 except E\1/2\ W\1/2\, W\1/2\ 
NE\1/4\.
    T.17S., R.08W. Willamette Meridian: Section 13 except N\1/2\ NW\1/
4\; Section 17 except SW\1/4\, NE1/ 4 NE\1/4\, NW\1/4\ NW\1/4\; Section 
21; S\1/2\ SW\1/4\, NW\1/4\ NW\1/4\ Section 22; Section 23; Section 25; 
Section 27; NE\1/4\ SW\1/4\ Section 28; E\1/2\ E\1/2\ Section 33; 
Section 35.
    T.18S., R.06W. Willamette Meridian: Section 5 except SW\1/4\ SW\1/
4\; SE\1/4\ Section 11; Section 19; Section 21 except E\1/2\ SE\1/4\, 
SE\1/4\ NE\1/4\; SW\1/4\ Section 23; Section 27 except S\1/2\

[[Page 316]]

NE\1/4\; Section 31; NE\1/4\, W\1/2\ SE\1/4\, E\1/2\ SW\1/4\ Section 35.
    T.18S., R.07W. Willamette Meridian: Section 1; N\1/2\ Section 7; 
Section 17 except SE\1/4\ SW\1/4\, NW\1/4\ SW\1/4\; Section 19; Section 
21; Section 25; Section 27; Section 29; Section 31; Section 33 except 
NE\1/4\ SW\1/4\, NW\1/4\ SE\1/4\; Section 35.
    T.18S., R.08W. Willamette Meridian: E\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ 
Section 1; E\1/2\ NE\1/4\ Section 2; Section 3; Section 4 except NE\1/
4\, NW\1/4\ NW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\; Section 9; Section 
11 except E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; Section 13 
except N\1/2\ NE\1/4\, E\1/2\ NW\1/4\, W\1/2\ SW\1/4\; N\1/2\ N\1/2\, 
S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\ 
Section 15; Section 19; Section 21 except E\1/2\ NW\1/4\, NW\1/4\ SE\1/
4\; S\1/2\, SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\ Section 23; Section 25; 
Section 27; SE\1/4\ Section 28; Section 29 except E\1/2\ NE\1/4\; 
Section 31; NW\1/4\ NE\1/4\ Section 32; Section 33 except NE\1/4\; 
Section 35 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\.
    T.19S., R.06W. Willamette Meridian: Section 1 except N\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\; Section 3; Section 5; Section 7 except N\1/2\ NE\1/4\; 
NW\1/4\ SW\1/4\, W\1/2\ NW\1/4\ Section 8; E\1/2\, S\1/2\ SW\1/4\, SE\1/
4\ NW\1/4\ Section 15; Section 17 except NE\1/4\ NE\1/4\, SW\1/4\ NW\1/
4\; Section 19 except SE\1/4\ SE\1/4\; E\1/2\ NW\1/4\, SW\1/4\ NE\1/4\ 
Section 20; Section 21; Section 23; Section 25; Section 27; Section 29; 
Section 31; Section 33; SE\1/4\ NE\1/4\ Section 34; Section 35.
    T.19S., R.07W. Willamette Meridian: Section 1 except S\1/2\ SE\1/4\, 
SE\1/4\ SW\1/4\; Section 3 except SW\1/4\ SE\1/4\, SW\1/4\ SW\1/4\; S\1/
2\, E\1/2\ NE\1/4\, NW\1/4\ NW\1/4\ Section 5; Section 7; Section 9 
except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\; Section 11 except N\1/2\ N\1/2\, 
SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\; Section 13; Section 15; Section 17; 
Section 19 except N\1/2\ SW\1/4\; Section 21; Section 23; N\1/2\ NE\1/
4\, S\1/2\ SE\1/4\ Section 25; Section 27; Section 29; S\1/2\, W\1/2\ 
NW\1/4\ Section 30; Section 31; W\1/2\ NW\1/4\ Section 32; Section 33; 
Section 35 except NW\1/4\ NE\1/4\.
    T.19S., R.08W. Willamette Meridian: Section 1; Section 5; N\1/2\ 
NW\1/4\ Section 6; Section 7; SW\1/4\, W\1/2\ SE\1/4\ Section 8; W\1/2\ 
Section 9; NE\1/4\, E\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, NE\1/4\ SE\1/4\ 
Section 13; Section 17; N\1/2\ S\1/2\, SE\1/4\ NE\1/4\, NW\1/4\ NW\1/4\ 
Section 18; Section 19; Section 21; SE\1/4\ SE\1/4\ Section 22; Section 
23; SE\1/4\ SE\1/4\ Section 24; Section 25; NW\1/4\ Section 26; Section 
27; SE\1/4\ SE\1/4\ Section 28; Section 29; SE\1/4\, SW\1/4\ SW\1/4\ 
Section 30; Section 31; W\1/2\ W\1/2\ Section 32; Section 33; Section 
35.
    T.20S., R.06W. Willamette Meridian: Section 1 except S\1/2\ SW\1/4\; 
Section 3 except E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\; SE\1/4\ NE\1/4\ 
Section 4; Section 5; S\1/2\ S\1/2\ Section 6; Section 7; Section 9; 
Section 11 except W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ NE\1/4\; 
Section 13; Section 15; Section 17; W\1/2\ W\1/2\, E\1/2\ SE\1/4\ 
Section 18; Section 19; Section 21; Section 23; N\1/2\ SE\1/4\, SW\1/4\ 
SE\1/4\ Section 26; Section 27; Section 29; Section 31; E\1/2\ NE\1/4\ 
Section 32; SE\1/4\, NW\1/4\, NW\1/4\ NE\1/4\, S\1/2\ NE\1/4\, SE\1/4\ 
SW\1/4\ Section 33; Section 35 except S\1/2\ SW\1/4\.
    T.20S., R.07W. Willamette Meridian: Section 1; E\1/2\ E\1/2\ Section 
2; Section 3 except NE\1/4\ NW\1/4\; Section 5; Section 6 except N\1/2\ 
N\1/2\; N\1/2\ N\1/2\ Section 7; Section 11; Section 12 except E\1/2\ 
E\1/2\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\; Section 13-15; Section 21; 
Section 22 except SE\1/4\, SE\1/4\ NE\1/4\; Section 23 except W\1/2\ 
SW\1/4\, SW\1/4\ NW\1/4\; Section 33 except E\1/2\ NE\1/4\; SW\1/4\ 
Section 34.
    T.20S. R.08W. Willamette Meridian: Section 1; SW\1/4\ Section 2; 
Section 3; SE\1/4\ SE\1/4\ Section 4; N\1/2\ NE\1/4\ Section 6; E\1/2\ 
E\1/2\ Section 8; Section 9; Section 11; W\1/2\ W\1/2\ Section 12.
    T.21S., R.06W. Willamette Meridian: Section 3; Section 5; W\1/2\ 
SW\1/4\, SW\1/4\ NW\1/4\, SE\1/4\ SW\1/4\ Section 6; Section 7; Section 
8 except SE\1/4\; Section 9; Section 11; Section 14 except NE\1/4\; 
Sections 15-17; Section 18 except NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, NE\1/
4\, NW\1/4\ SE\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\; Section 19; NW\1/
4\ NE\1/4\ Section 20; Section 21; S\1/2\ NE\1/4\, N\1/2\ SE\1/4\ 
Section 22; Section 23; Section 27.

    Critical Habitat includes only State lands described within the 
following areas:

    T.17S., R.08W. Willamette Meridian: SE\1/4\ NW\1/4\ Section 28.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.060
    
    Map and description of OR-04-j objective taken from United States 
Fish and Wildlife Service 1:100,000 map; Eugene, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.13S., R.06W. Willamette Meridian: S\1/2\ Section 31.
    T.14S., R.06W. Willamette Meridian: NW\1/4\, W\1/2\ SW\1/4\ Section 
6; Section 7; W\1/2\ W\1/2\ Section 18; W\1/2\ W\1/2\ Section 19; W\1/2\ 
W\1/2\ Section 30; Section 31.
    T.14S., R.07W. Willamette Meridian: Section 1; Section 9; Section 11 
except E\1/2\ SE\1/4\; Section 12 except S\1/2\ SW\1/4\; Section 13 
except SW\1/4\, SW\1/4\ SE\1/4\; SE\1/4\ SW\1/4\ Section 14; Section 17; 
Section 19; Section 20 except NW\1/4\

[[Page 317]]

NW\1/4\, E\1/2\ NW\1/4\, NE\1/4\, E\1/2\ SE\1/4\; Section 21 except W\1/
2\ NW\1/4\, NE\1/4\ NW\1/4\; Section 23 except SW\1/4\ SE\1/4\; S\1/2\ 
SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 24; Section 25; 
Section 26 except N\1/2\ N\1/2\, SE\1/4\ SW\1/4\; Section 27; S\1/2\ 
Section 28; Sections 29-34.
    T.14S., R.08W. Willamette Meridian: Section 19 except N\1/2\ N\1/2\, 
SW\1/4\ NE\1/4\, NW\1/4\ SE\1/4\; E\1/2\ SE\1/4\ Section 20; S\1/2\ 
SE\1/4\, SW\1/4\ Section 21; S\1/2\ SW\1/4\, W\1/2\ SE\1/4\ Section 22; 
S\1/2\ SW\1/4\ Section 23; E\1/2\ SE\1/4\, NE\1/4\ Section 25; NW\1/4\ 
Section 26; Section 27; E\1/2\ SW\1/4\ Section 28; Section 29 except 
N\1/2\ N\1/2\; Section 30 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, SE\1/
4\, NE\1/4\ NW\1/4\; Section 31 except N\1/2\ S\1/2\; Section 32; 
Section 33 except S\1/2\ S\1/2\; NW\1/4\, N\1/2\ NE\1/4\, NW\1/4\ SW\1/
4\ Section 34.
    T.15S., R.06W. Willamette Meridian: Section 29; Section 31; Section 
33 except NE\1/4\, E\1/2\ SE\1/4\, SW\1/4\ NW\1/4\; SE\1/4\ SE\1/4\ 
Section 34; SW\1/4\ SW\1/4\ Section 35.
    T.15S., R.07W. Willamette Meridian: Section 3 except SW\1/4\ SW\1/
4\; Section 4 except E\1/2\ NE\1/4\, N\1/2\ SE\1/4\; Sections 5-6; 
Section 7 except S\1/2\ SW\1/4\, N\1/2\ SE\1/4\; NW\1/4\ NE\1/4\ Section 
8; Sections 18-21; Section 25 except SE\1/4\ NE\1/4\; Section 27; 
Section 29; Section 31; Section 33 except NE\1/4\; SE\1/4\ NW\1/4\, 
SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\, SW\1/4\ SE\1/4\ Section 35.
    T.15S., R.08W. Willamette Meridian: Section 1; S\1/2\, NE\1/4\ NE\1/
4\ Section 2; S\1/2\ SE\1/4\ Section 3; SW\1/4\ SW\1/4\ Section 4; 
Section 5 except S\1/2\ NE\1/4\, SE\1/4\ NW\1/4\, SW\1/4\, N\1/2\ SE\1/
4\; Section 6 except SE\1/4\ NW\1/4\, S\1/2\ SW\1/4\, SW\1/4\ NE\1/4\, 
SE\1/4\; Section 7 except N\1/2\ N\1/2\, SE\1/4\ NE\1/4\; Section 9 
except E\1/2\ E\1/2\, SW\1/4\ SE\1/4\; Section 11; Sections 13-14; 
Section 15 except NW\1/4\ NW\1/4\; Sections 16-20; Section 21 except 
SW\1/4\ NW\1/4\; Sections 22-27; N\1/2\ Section 28; Sections 29-31; N\1/
2\, W\1/2\ SW\1/4\ Section 32; Section 33; Section 35; W\1/2\ Section 
36.
    T.16S., R.06W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\, NW\1/4\ 
SW\1/4\, SW\1/4\ NW\1/4\ Section 3; Section 5 except S\1/2\ SW\1/4\, 
NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; Section 7 except S\1/2\ SE\1/4\, NE\1/
4\ SE\1/4\; Section 9; SW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ Section 12; 
NW\1/4\, N\1/2\ NE\1/4\, W\1/2\ SE\1/4\, SW\1/4\ SW\1/4\ Section 17; 
S\1/2\ S\1/2\ Section 33.
    T.16S., R.07W. Willamette Meridian: Section 1; Section 3 except S\1/
2\ SW\1/4\; Section 5 except W\1/2\ SW\1/4\; S\1/2\ SW\1/4\ Section 6; 
Section 7 except NE\1/4\, S\1/2\ NW\1/4\, NE\1/4\ SE\1/4\; NE\1/4\, N\1/
2\ SE\1/4\, SE\1/4\ NW\1/4\ Section 11; Section 13; E\1/2\, SW\1/4\ 
Section 15; W\1/2\ NW\1/4\ Section 18; S\1/2\ Section 19; Section 21.
    T.16S., R.08W. Willamette Meridian: Section 1; Sections 3-4; Section 
5 except S\1/2\ NW\1/4\, SW\1/4\ NE\1/4\, NW\1/4\ SW\1/4\; NW\1/4\, N\1/
2\ SW\1/4\, SW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\ Section 6; Section 7 except 
W\1/2\, S\1/2\ NE\1/4\, N\1/2\ SE\1/4\; Sections 8-9; W\1/2\ W\1/2\ 
Section 10; Section 11; Section 13 except S\1/2\ SE\1/4\; Section 15; 
Section 17 except SW\1/4\ NW\1/4\; Section 18 except NW\1/4\, W\1/2\ 
E\1/2\, NE\1/4\ NE\1/4\, SE\1/4\ SW\1/4\; Section 19 except E\1/2\ SW\1/
4\, S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\, SE\1/4\ NW\1/4\; Section 20 except 
W\1/2\ SE\1/4\, S\1/2\ SW\1/4\; Sections 21-23; SW\1/4\ SW\1/4\, SW\1/4\ 
SE\1/4\ Section 24; Section 25; N\1/2\ Section 26; Section 27; Section 
28 except S\1/2\ SE\1/4\; Section 29 except NW\1/4\ NW\1/4\; S\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\ Section 30; Section 31 except N\1/2\ NW\1/4\; 
Section 32 except SE\1/4\, Section 33; S\1/2\ Section 34; N\1/2\, NW\1/
4\ SE\1/4\ Section 35.
    T.17S., R.08W. Willamette Meridian: Section 5; N\1/2\ NE\1/4\ 
Section 6.
[GRAPHIC] [TIFF OMITTED] TR24MY96.061

    Map and description of OR-04-k taken from United States Fish and 
Wildlife Service 1:100,000 map; Corvallis, Eugene, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.12S., R.07W. Willamette Meridian: SE\1/4\, S\1/2\ SW\1/4\, S\1/2\ 
NE\1/4\ Section 10; Section 11 except N\1/2\ N\1/2\; W\1/2\ W\1/2\ 
Section 13; Sections 14-15; Section 16 except NW\1/4\ NW\1/4\; Section 
19 except N\1/2\ N\1/2\; Section 20 except SW\1/4\ SW\1/4\; Sections 21-
23; W\1/2\, S\1/2\ SE\1/4\ Section 24; Section 25; Section 26 except 
SW\1/4\; Section 27; Section 28 except NE\1/4\ NW\1/4\; Sections 29-31; 
Section 32 except NW\1/4\, NW\1/4\ NE\1/4\; Sections 33-35; W\1/2\ W\1/
2\, NE\1/4\ NW\1/4\ Section 36.
    T.12S., R.08W. Willamette Meridian: SW\1/4\, SW\1/4\ NW\1/4\, S\1/2\ 
SE\1/4\ Section 3; NE\1/4\, N\1/2\ SW\1/4\, S\1/2\ SE\1/4\ Section 5; 
N\1/2\ SE\1/4\ Section 8; Section 9 except NE\1/4\ NE\1/4\, W\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\, W\1/2\ SE\1/4\; SE\1/4\, NE\1/4\ NE\1/4\ Section 
10; Section 11 except N\1/2\ NE\1/4\, SE\1/4\ SE\1/4\; S\1/2\ Section 
12; E\1/2\, E\1/2\ SW\1/4\ Section 13; N\1/2\ NW\1/4\, NE\1/4\, SE\1/4\ 
SW\1/4\ Section 15; N\1/2\ NE\1/4\ Section 16; Section 17 except NW\1/
4\, NW\1/4\ NE\1/4\; SW\1/4\, W\1/2\ SE\1/4\, SW\1/4\ NW\1/4\ Section 
18; W\1/2\, SW\1/4\ SE\1/4\ Section 19; S\1/2\ NE\1/4\ Section 20; 
Section 21; Section 22 except NW\1/4\ NW\1/4\; SE\1/4\, S\1/2\ SW\1/4\ 
Section 23; W\1/2\ W\1/2\ Section 24; Section 25; N\1/2\ Section 26; 
Section 27; Section 29 except NE\1/4\; W\1/2\ SW\1/4\, N\1/2\ NW\1/4\, 
NW\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section 30; Section 31; Section 33 
except SE\1/4\, W\1/2\ NE\1/4\; Section 35 except SW\1/4\ NW\1/4\, NW\1/
4\ SW\1/4\.

[[Page 318]]

    T.12S., R.09W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 13; E\1/
2\ E\1/2\ Section 24.
    T.13S., R.07W. Willamette Meridian: Section 2 except N\1/2\ NE\1/4\, 
NE\1/4\ NW\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section 3; Section 5; 
W\1/2\ Section 6; Section 7; Section 9; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ 
Section 15; Section 17; SW\1/4\ SW\1/4\ Section 18; Section 19 except 
NE\1/4\ SE\1/4\; E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ NE\1/4\ Section 
21; S\1/2\ SE\1/4\ Section 23; SW\1/4\, W\1/2\ SE\1/4\, SW\1/4\ NW\1/4\ 
Section 27; N\1/2\ SE\1/4\, SE\1/4\ NE\1/4\, NW\1/4\ NE\1/4\, E\1/2\ 
NW\1/4\ Section 35.
    T.13S., R.08W. Willamette Meridian: Section 1; NE\1/4\ Section 2; 
Section 3 except N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; Section 5; S\1/2\ 
Section 6; Section 7; E\1/2\ SE\1/4\ Section 8; Section 9 except NW\1/4\ 
NE\1/4\; Section 11; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, E\1/2\ SE\1/4\, 
NW\1/4\ SE\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\ Section 12; Section 
13; E\1/2\, NE\1/4\ SW\1/4\ Section 14; Section 15; Section 17; Sections 
19-21; Section 23; W\1/2\ W\1/2\, SE\1/4\ NW\1/4\, SE\1/4\ NE\1/4\ 
Section 24; Section 25; W\1/2\ SE\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ 
Section 26; Section 27; Section 29; NW\1/4\, SW\1/4\ SE\1/4\ Section 30; 
Section 31; SE\1/4\ SE\1/4\, SW\1/4\ NW\1/4\ Section 32; Section 33; 
SW\1/4\ NW\1/4\ Section 34; Section 35 except E\1/2\ SE\1/4\, SW\1/4\ 
SE\1/4\.
    T.13S., R.09W. Willamette Meridian: E\1/2\ E\1/2\ Section 25.
    T.14S., R.07W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 5; NE\1/
4\ NE\1/4\ Section 7.
    T.14S., R.08W. Willamette Meridian: N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ 
Section 3; Section 5 except S\1/2\ SE\1/4\; Section 7 except W\1/2\ W\1/
2\, NE\1/4\ NW\1/4\, NE\1/4\ NE\1/4\; Section 11 except NW\1/4\, NW\1/4\ 
NE\1/4\, N\1/2\ SW\1/4\; N\1/2\ SW\1/4\, W\1/2\ NW\1/4\ Section 15.
[GRAPHIC] [TIFF OMITTED] TR24MY96.062

    Map and description of OR-06-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Coos Bay, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.25S., R.12W. Willamette Meridian: SE\1/4\ SE\1/4\ Section 35.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.063
    
    Map and description of OR-06-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Roseburg, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.25S., R.10W. Willamette Meridian: Section 31; Section 33.
    T.26S., R.09W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\ Section 
9; Section 10 except NE\1/4\; Section 17; S\1/2\ S\1/2\ Section 18; 
Section 19; SW\1/4\ Section 20; Section 21; N\1/2\ N\1/2\, S\1/2\ S\1/2\ 
Section 28; Section 29; Section 31 except N\1/2\ SW\1/4\, SW\1/4\ SW\1/
4\; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ NW\1/4\ Section 32; Section 33.
    T.26S., R.10W. Willamette Meridian: Sections 3-5; E\1/2\, SE\1/4\ 
NW\1/4\ Section 6; Section 7; SW\1/4\, S\1/2\ NE\1/4\ Section 8; Section 
9; Section 11; Section 13; N\1/2\ Section 14; Sections 15-17; Section 
19; SE\1/4\ Section 20; N\1/2\ Section 21; W\1/2\ Section 22; Section 
23; N\1/2\ N\1/2\, N\1/2\ S\1/2\ Section 24; Section 25; Section 27; 
NE\1/4\ Section 28; Sections 29-31; E\1/2\ Section 32; Section 33; 
Section 35 except SE\1/4\.
    T.27S., R.09W. Willamette Meridian: Sections 4-5; SE\1/4\, NE\1/4\ 
NE\1/4\, SE\1/4\ SW\1/4\ Section 6; Section 7 except NW\1/4\ SW\1/4\; 
N\1/2\ NW\1/4\, W\1/2\ SW\1/4\ Section 8; Section 9; Section 17; Section 
18 except SW\1/4\, SE\1/4\ SE\1/4\; Sections 19-21; Sections 29-31; E\1/
2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 33.
    T.27S., R.10W. Willamette Meridian: E\1/2\ E\1/2\, W\1/2\ SE\1/4\ 
Section 1; Section 3; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 4; Section 
5; S\1/2\ SE\1/4\ Section 6; Sections 7-9; NE\1/4\, SE\1/4\ SE\1/4\ 
Section 10; Section 11; S\1/2\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SE\1/4\ 
Section 12; Sections 13-15; N\1/2\ Section 16; Sections 17-20; Sections 
21-23; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 24; Sections 25-29; NE\1/
4\, SW\1/4\ SW\1/4\ Section 30; Section 31; W\1/2\ W\1/2\, SE\1/4\ NW\1/
4\, NE\1/4\ SW\1/4\ Section 32; Section 33; SW\1/4\ NW\1/4\ Section 34; 
Section 35.
    T.28S., R.09W. Willamette Meridian: SE\1/4\ SW\1/4\ Section 4; 
Section 5; Section 7; Section 9.

[[Page 319]]

    T.28S., R.10W. Willamette Meridian: Section 1; Section 3 except E\1/
2\ SE\1/4\; N\1/2\ SE\1/4\ Section 4; Section 5; N\1/2\ NE\1/4\, NE\1/4\ 
NW\1/4\, SE\1/4\ SE\1/4\ Section 6; Section 7 except W\1/2\ NW\1/4\, 
NW\1/4\ SW\1/4\; S\1/2\ N\1/2\, NE\1/4\ NW\1/4\ Section 8; Section 9 
except NE\1/4\; N\1/2\ NE\1/4\, E\1/2\ NW\1/4\, E\1/2\ SE\1/4\ Section 
11; NW\1/4\ NW\1/4\ Section 12.
[GRAPHIC] [TIFF OMITTED] TR24MY96.064

    Map and description of OR-06-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Roseburg and Canyonville, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:
    T.29S., R.10W. Willamette Meridian: S\1/2\ SE\1/4\, W\1/2\ SW\1/4\ 
Section 11; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 12; 
Section 13; E\1/2\ W\1/2\, E\1/2\ Section 14; NE\1/4\ NE\1/4\ Section 
20; Section 21; E\1/2\, W\1/2\ SW\1/4\ Section 23; Section 31.
    T.30S., R.11W. Willamette Meridian: E\1/2\, SE\1/4\ SW\1/4\ Section 
1; E\1/2\ Section 12; E\1/2\, NW\1/4\ Section 13; N\1/2\ SE\1/4\, S\1/2\ 
NE\1/4\, NE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\, SE\1/4\ NW\1/4\ Section 35.
    T.31S., R.11W. Willamette Meridian: SW\1/4\ Section 2.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.065
    
    Map and description of OR-06-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Roseburg, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.28S., R.08W. Willamette Meridian: Section 3; Section 5; NE\1/4\ 
Section 8; Section 9; N\1/2\ NW\1/4\ Section 10; NW\1/4\ NW\1/4\ Section 
11; N\1/2\ NW\1/4\, W\1/2\ NE\1/4\, W\1/2\ SW\1/4\ Section 15; Section 
17; Section 27; Section 33.
    T.28S., R.09W. Willamette Meridian: Section 19; Section 21; SW\1/4\ 
Section 22; Section 23; Section 25; Section 27; Section 29; Section 31; 
Section 33; Section 35.
    T.28S., R.10W. Willamette Meridian: NE\1/4\ Section 24.
    T.29S., R.08W. Willamette Meridian: Section 5.
    T.29S., R.09W. Willamette Meridian: Section 1 except SE\1/4\; 
Section 3; Section 5; Section 11 except N\1/2\ NE\1/4\; Section 15; 
Section 23 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; 
Section 27 except S\1/2\ SE\1/4\.

[[Page 320]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.066

    Map and description of OR-07-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Port Orford, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.31S., R.12W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ 
Section 5; SE\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, NE\1/4\ NW\1/4\ 
Section 15; Section 21; Section 22 except SE\1/4\; Section 23 except 
E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\; W\1/2\ NW\1/4\ Section 25; Section 27.
    T.32S., R.10W. Willamette Meridian: Section 2 except E\1/2\ E\1/2\; 
Section 3 except E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, SW\1/4\ SW\1/4\; E\1/
2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 4; S\1/2\ Section 7; SW\1/4\ SW\1/
4\, E\1/2\ SE\1/4\, NE\1/4\ NE\1/4\, S\1/2\ NE\1/4\ Section 8; Section 9 
except SE\1/4\, S\1/2\ NE\1/4\; Section 10; Section 11 except E\1/2\ 
E\1/2\, W\1/2\ SE\1/4\, E\1/2\ SW\1/4\; N\1/2\ NW\1/4\, W\1/2\ SW\1/4\, 
SW\1/4\ NW\1/4\ Section 15; Sections 16-17; Section 18 except E\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\; Section 19 except S\1/2\ NW\1/4\, NE\1/4\ 
NW\1/4\, NW\1/4\ NE\1/4\, E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\; Section 20-
21; W\1/2\ NW\1/4\ Section 22.
    T.32S., R.11W. Willamette Meridian: SE\1/4\ Section 1; N\1/2\ N\1/
2\, SW\1/4\ NW\1/4\ Section 4; Section 5; N\1/2\, NE\1/4\ SE\1/4\ 
Section 6; NE\1/4\ SE\1/4\ Section 7; Section 8 except SW\1/4\ NW\1/4\; 
W\1/2\ Section 9; Section 12 except SW\1/4\ SW\1/4\; Section 13; SE\1/
4\, E\1/2\ SW\1/4\ Section 14; W\1/2\ Section 16; Section 17; Section 18 
except N\1/2\ NW\1/4\, E\1/2\ SW\1/4\, NW\1/4\ SE\1/4\; Section 19; 
Section 20 except S\1/2\ SE\1/4\; SE\1/4\ Section 22; Section 23 except 
SE\1/4\ NE\1/4\, NW\1/4\ NW\1/4\; Section 24 except S\1/2\ NW\1/4\, N\1/
2\ SW\1/4\; Section 25 except E\1/2\ E\1/2\; Section 26; NE\1/4\ Section 
27; E\1/2\, NE\1/4\ SW\1/4\, S\1/2\ SW\1/4\ Section 28; S\1/2\ S\1/2\, 
NW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 29; Sections 30-34; Section 35 
except NE\1/4\ NE\1/4\; W\1/2\ W\1/2\ Section 36.
    T.32S., R.12W. Willamette Meridian: E\1/2\ NE\1/4\, N\1/2\ SE\1/4\, 
SW\1/4\ SE\1/4\ Section 1; W\1/2\ NW\1/4\ Section 2; Section 3; Section 
10; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 13; W\1/2\, NW\1/4\ NE\1/4\ 
Section 15; Sections 19-20; W\1/2\, W\1/2\ NE\1/4\ Section 21; SE\1/4\ 
SE\1/4\ Section 23; E\1/2\ E\1/2\, S\1/2\ SW\1/4\ Section 24; Section 
25; Section 26 except N\1/2\ NW\1/4\; S\1/2\ S\1/2\, NE\1/4\ SW\1/4\ 
Section 27; SE\1/4\ SE\1/4\ Section 28; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ 
Section 29; Section 30 except SE\1/4\ SE\1/4\; W\1/2\, W\1/2\ E\1/2\, 
S\1/2\ SE\1/4\ Section 31; E\1/2\, E\1/2\ SW\1/4\ Section 33; Sections 
34-36.
    T.32S., R.13W. Willamette Meridian: Section 4 except N\1/2\ N\1/2\; 
S\1/2\ Section 5; S\1/2\, SE\1/4\ NE\1/4\ Section 6; N\1/2\ N\1/2\, 
SE\1/4\ NE\1/4\, S\1/2\ S\1/2\, NE\1/4\ SE\1/4\ Section 7; Section 8; 
Sections 22-23; S\1/2\, S\1/2\ N\1/2\ Section 24; Sections 25-27; E\1/2\ 
NE\1/4\, NE\1/4\ SE\1/4\ Section 31; Sections 32-36.
    T.32S., R.14W. Willamette Meridian: N\1/2\ Section 17; W\1/2\ SW\1/
4\, SE\1/4\ SW\1/4\ Section 19; NE\1/4\, N\1/2\ SE\1/4\ Section 22; 
Section 23 except S\1/2\ S\1/2\, NE\1/4\ SE\1/4\; Section 24 except W\1/
2\ SW\1/4\, NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\; E\1/2\ NE\1/4\, NW\1/4\ 
NE\1/4\, NE\1/4\ SE\1/4\ Section 25; S\1/2\ Section 29; SE\1/4\, SE\1/4\ 
SW\1/4\, SE\1/4\ NE\1/4\, NW\1/4\ NW\1/4\ Section 30; Section 31 except 
W\1/2\ W\1/2\, NE\1/4\ SW\1/4\, E\1/2\ NW\1/4\; Section 32 except SE\1/
4\ SE\1/4\.
    T.33S., R.11W. Willamette Meridian: Sections 7-8; Section 9 except 
E\1/2\ NW\1/4\, W\1/2\ NE\1/4\; Sections 10-11; W\1/2\ Section 12; N\1/
2\ NE\1/4\ Section 13; Section 14 except SE\1/4\, SE\1/4\ SW\1/4\; 
Sections 15-20; Section 21 except SE\1/4\; Section 22 except SE\1/4\ 
SE\1/4\; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 23; N\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\ Section 27; S\1/2\ NE\1/4\, N\1/2\ SE\1/4\, SE\1/4\ 
SW\1/4\ Section 28; W\1/2\, N\1/2\ NE\1/4\ Section 29; Sections 30-31; 
Section 32 except N\1/2\ NE\1/4\; NW\1/4\ NW\1/4\ Section 33.
    T.33S., R.12W. Willamette Meridian: Section 7 except W\1/2\ SW\1/4\; 
Section 8; W\1/2\ SW\1/4\, SE\1/4\, W\1/2\ NW\1/4\ Section 9; Section 10 
except N\1/2\ NW\1/4\; Sections 11-32; Section 33 except E\1/2\ SE\1/4\; 
Section 34 except N\1/2\ SW\1/4\; Sections 35-36.
    T.33S., R.13W. Willamette Meridian: E\1/2\ Section 8; Sections 9-11; 
Section 12 except SE\1/4\ SE\1/4\; Section 13 except N\1/2\ NE\1/4\, 
NE\1/4\ NW\1/4\, SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Section 14 except 
S\1/2\ S\1/2\, NE\1/4\ SW\1/4\; SW\1/4\, E\1/2\ NE\1/4\, NW\1/4\ NW\1/4\ 
Section 15; S\1/2\, S\1/2\ NW\1/4\ Section 16; SE\1/4\, SE\1/4\ NE\1/4\ 
Section 17; Sections 19-20; Section 21 except SE\1/4\; E\1/2\ NE\1/4\ 
Section 22; Section 23 except SW\1/4\ SW\1/4\, N\1/2\ NW\1/4\, NW\1/4\ 
NE\1/4\; Sections 24-25; S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\ Section 26; 
NW\1/4\ Section 28; Section 29 except S\1/2\ SW\1/4\, SE\1/4\; Section 
30 except S\1/2\ SE\1/4\; NW\1/4\, N\1/2\ SW\1/4\ Section 31; E\1/2\ 
NE\1/4\, SE\1/4\ Section 34; Sections 35-36.
    T.33S., R.14W. Willamette Meridian: Section 7 except N\1/2\ N\1/2\, 
S\1/2\ NE\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; S\1/2\ 
SE\1/4\ Section 13; SW\1/4\ SW\1/4\ Section 15; S\1/2\ SE\1/4\, NW\1/4\, 
NW\1/4\ SW\1/4\, NW\1/4\ SE\1/4\ Section 17; SE\1/4\ Section 18; NW\1/
4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 20; Section 21 except NW\1/
4\ NW\1/4\, SW\1/4\; Section 22 except SW\1/4\, E\1/2\ NE\1/4\; Section 
23 except N\1/2\ N\1/2\, SW\1/2\ NE\1/4\; Sections 24-28; Section 29 
except NW\1/4\; Sections 32-35; Section 36 except NW\1/4\, E\1/2\ SE\1/
4\.
    T.34S., R.11W. Willamette Meridian: NW\1/4\, NW\1/4\ NE\1/4\ Section 
4; Sections 5-6; Section 7

[[Page 321]]

except NE\1/4\ SE\1/4\; NW\1/4\ NW\1/4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ 
Section 8; W\1/2\ NW\1/4\ Section 9; NE\1/4\ Section 18; N\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ Section 19; NE\1/4\, E\1/2\ 
NW\1/4\ Section 30; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 31.
    T.34S., R.12W. Willamette Meridian: Sections 1-3; Section 4 except 
W\1/2\ SW\1/4\; Section 5 except S\1/2\ S\1/2\; Section 6 except N\1/2\ 
NE\1/4\; Section 7 except E\1/2\ NE\1/4\, SE\1/4\; SE\1/4\ Section 8; 
Sections 9-36.
    T.34S., R.13W. Willamette Meridian: Sections 1-2; NE\1/4\, N\1/2\ 
SE\1/4\, E\1/2\ NW\1/4\ Section 3; Sections 11-14; E\1/2\ Section 15; 
SW\1/4\, W\1/2\ SE\1/4\ Section 17; Section 20 except NW\1/4\ SW\1/4\, 
S\1/2\ SW\1/4\; Section 21 except NW\1/4\ NW\1/4\; Section 22 except 
NW\1/4\ NE\1/4\; Section 23 except NW\1/4\ NW\1/4\; Sections 24-26; N\1/
2\, NE\1/4\ SE\1/4\ Section 27.
    T.35S., R.11W. Willamette Meridian: SW\1/4\, W\1/2\ NW\1/4\ Section 
6; NW\1/4\ Section 7; S\1/2\ SW\1/4\ Section 18; N\1/2\ NW\1/4\, NE\1/4\ 
SW\1/4\ Section 19; Section 31; W\1/2\ Section 32.
    T.35S., R.12W. Willamette Meridian: Sections 1-4; Section 5 except 
SW\1/4\ SW\1/4\, NE\1/4\ SW\1/4\; Section 6 except SE\1/4\ SE\1/4\, 
SW\1/4\ SW\1/4\; SE\1/4\ SW\1/4\, E\1/2\ Section 7; Sections 8-9; N\1/
2\, NW\1/4\ SW\1/4\ Section 10; N\1/2\ N\1/2\, SW\1/4\ NW\1/4\, SW\1/4\ 
SE\1/4\ Section 11; NE\1/4\ NE\1/4\ Section 12; Section 13 except SE\1/
4\ NE\1/4\, NE\1/4\ SE\1/4\, N\1/2\ N\1/2\; Section 14; Section 15 
except NW\1/4\; SE\1/4\ SE\1/4\, W\1/2\ NE\1/4\, NW\1/4\, N\1/2\ SW\1/4\ 
Section 16; Sections 17-19; Section 20 except E\1/2\ NE\1/4\, N\1/2\ 
SE\1/4\; Section 21 except NW\1/4\, NW\1/4\ NE\1/4\, NW\1/4\ SW\1/4\; 
Sections 22-28; Section 29 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, W\1/
2\ NE\1/4\; Section 30 except SE\1/4\ NE\1/4\, SE\1/4\, SE\1/4\ SW\1/4\; 
Section 32 except SW\1/4\ SW\1/4\; Sections 33-36.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.32S., R.13W. Willamette Meridian: Sections 18-21; Sections 28-29; 
N\1/2\, NW\1/4\ SW\1/4\ Section 30.

[[Page 322]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.067

    Map and description of OR-07-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Port Orford and Gold Beach, Oregon; 
1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.35S., R.12W. Willamette Meridian: Section 31 except E\1/2\ E\1/2\, 
N\1/2\ N\1/2\, SW\1/4\ NW\1/4\.
    T.35S., R.13W. Willamette Meridian: NW\1/4\, N\1/2\ NE\1/4\, S\1/2\ 
SE\1/4\, S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ Section 31; N\1/2\ N\1/2\ 
Section 32; N\1/2\ Section 33; N\1/2\, NE\1/4\ SE\1/4\ Section 34; 
Section 35; W\1/2\, NW\1/4\ NE\1/4\ Section 36.
    T.36S., R.12W. Willamette Meridian: Sections 1-4; NE\1/4\, E\1/2\ 
SE\1/4\, SE\1/4\ NW\1/4\, N\1/2\ NW\1/4\, NW\1/4\ SE\1/4\ Section 5; 
E\1/2\ E\1/2\, W\1/2\ SE\1/4\, SW\1/4\ NE\1/4\ Section 8; Sections 9-17; 
S\1/2\ SE\1/4\ Section 18; NE\1/4\, E\1/2\ SE\1/4\ Section 19; Sections 
20-23; Section 24 except SE\1/4\ SE\1/4\; N\1/2\ NW\1/4\ Section 25; 
Section 26 except N1/2 SE1/4; Sections 27-29; NE\1/4\, E\1/2\ SE\1/4\, 
NW\1/4\ SE\1/4\, E\1/2\ NW\1/4\ Section 30; SE\1/4\, E\1/2\ SW\1/4\, 
E\1/2\ NE\1/4\, SW\1/4\ SW\1/4\ Section 31; Sections 32-35; SW\1/4\, 
W\1/2\ NW\1/4\ Section 36.
    T.36S., R.13W. Willamette Meridian: S\1/2\ S\1/2\, E\1/2\ NE\1/4\, 
NE\1/4\ SE\1/4\, N\1/2\ NW\1/4\ Section 1; SW\1/4\, S\1/2\ SE\1/4\, 
NE\1/4\ NE\1/4\ Section 2; Section 3; NE\1/4\, N\1/2\ SE\1/4\, N\1/2\ 
NW\1/4\ Section 4; Section 5; NW\1/4\, SE\1/4\, NE\1/4\ SW\1/4\, E\1/2\ 
NE\1/4\, SW\1/4\ NE\1/4\ Section 6; N\1/2\, SW\1/4\ SE\1/4\, NW\1/4\ 
SW\1/4\ Section 7; Section 8 except SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; 
Section 9 except NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\, SW\1/4\ NW\1/4\, 
NW\1/4\ SW\1/4\; Sections 10-11; Section 12 except E\1/2\ SE\1/4\, SE\1/
4\ NE\1/4\; Section 13 except SE\1/4\, E\1/2\ SW\1/4\; Section 14 except 
SW\1/4\; Section 15 except W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\; N\1/2\ NE\1/
4\, SW\1/4\, S\1/2\ SE\1/4\ Section 17; E\1/2\, E\1/2\ SW\1/4\ Section 
18; E\1/2\ SE\1/4\, NE\1/4\, S\1/2\ SW\1/4\, NE\1/4\ NW\1/4\ Section 19; 
NW\1/4\, SW\1/4\

[[Page 323]]

NE\1/4\ Section 20; E\1/2\, NE\1/4\ SW\1/4\ Section 22; Section 23; 
Section 24 except NE\1/4\; Sections 25-26; Section 27 except N\1/2\ 
NW\1/4\, SW\1/4\ NW\1/4\; SE\1/4\ SE\1/4\, NW\1/4\ NW\1/4\ Section 28; 
Sections 29-32; W\1/2\ W\1/2\, E\1/2\ E\1/2\ Section 33; Section 34; 
N\1/2\, W\1/2\ SW\1/4\ Section 35; N\1/2\ N\1/2\ Section 36.
    T.36S., R.12 \1/2\W. Willamette Meridian: Section 1 except SE\1/4\ 
NE\1/4\, SE\1/4\; S\1/2\, NW\1/4\ Section 12; NW\1/4\, N\1/2\ NE\1/4\ 
Section 13; W\1/2\ Section 24; W\1/2\ Section 25; W\1/2\ NW\1/4\ Section 
36.
    T.37S., R.12W. Willamette Meridian: NW\1/4\ NW\1/4\ Section 1; 
Section 2 except SE\1/4\, SE\1/4\ SW\1/4\; Section 3 except NW\1/4\ 
SW\1/4\; Section 4 except NE\1/4\ SE\1/4\; N\1/2\ N\1/2\, S\1/2\ NW\1/4\ 
Section 5; Section 6 except S\1/2\, SE\1/4\ NW\1/4\; NE\1/4\, E\1/2\ 
SE\1/4\, N\1/2\ NW\1/4\ Section 9; W\1/2\, NW\1/4\ NE\1/4\ Section 10.
    T.37S., R.13W. Willamette Meridian: W\1/2\, N\1/2\ NE\1/4\ Section 
5; Sections 6-8; W\1/2\ W\1/2\, NE\1/4\ SW\1/4\, SE\1/4\ NW\1/4\ Section 
9; W\1/2\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ Section 17; Section 18; N\1/
2\ NE\1/4\, NW\1/4\, W\1/2\ SW\1/4\ Section 19; NW\1/4\ NW\1/4\ Section 
20; NW\1/4\ NW\1/4\ Section 30.
    T.37S., R.14W. Willamette Meridian: Section 1 except SW\1/4\ SW\1/
4\; E\1/2\ SE\1/4\, NE\1/4\ Section 2; E\1/2\ Section 11; Section 12 
except W\1/2\ NW\1/4\, N\1/2\ SW\1/4\; SE\1/4\, N\1/2\ N\1/2\ Section 
13; Section 24 except NW\1/4\ NE\1/4\.
    T.37S., R.12 \1/2\W. Willamette Meridian: Section 1 except N\1/2\ 
NW\1/4\, S\1/2\ SW\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.068

    Map and description of OR-07-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Gold Beach, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.37S., R.12W. Willamette Meridian: E\1/2\ SW\1/4\, W\1/2\ SE\1/4\, 
SE\1/4\ SE\1/4\ Section 17; SE\1/4\ SE\1/4\ Section 18; Section 19 
except N\1/2\ NW\1/4\; Section 20; W\1/2\ W\1/2\ Section 21; S\1/2\ 
SE\1/4\, SW\1/4\, NW\1/4\, NW\1/4\ SE\1/4\ Section 28; Sections 29-33; 
W\1/2\, NW\1/4\ SE\1/4\, SW\1/4\ NE\1/4\ Section 34; S\1/2\ SE\1/4\, 
SE\1/4\ SW\1/4\ Section 35.
    T.37S., R.13W. Willamette Meridian: SE\1/4\, E\1/2\ SW\1/4\, S\1/2\ 
NE\1/4\ Section 24; Section 25; Section 26 except NE\1/4\ NW\1/4\, NW\1/
4\ NE\1/4\; E\1/2\ E\1/2\ Section 27; SE\1/4\, E\1/2\ NE\1/4\, E\1/2\ 
SW\1/4\ Section 34; Sections 35-36.
    T.37S., R.12 \1/2\W. Willamette Meridian: Section 24 except NW\1/4\ 
NW\1/4\; Sections 24-25; Section 36.
    T.37 \1/2\S. R.11W. Willamette Meridian: W\1/2\ SW\1/4\, SW\1/4\ 
NW\1/4\ Section 31.
    T.37 \1/2\S. R.12.W. Willamette Meridian: Section 25 except E\1/2\; 
Section 26 except E\1/2\ NW\1/4\; Sections 27-32; Section 33 except S\1/
2\ SW\1/4\; Sections 34-35; Section 36 except N\1/2\ NE\1/4\.
    T.38S., R.11W. Willamette Meridian: Section 6 except N\1/2\ NE\1/4\, 
S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\; W\1/2\, W\1/2\ SE\1/4\, Section 7; 
NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\ NE\1/4\ Section 18.
    T.38S., R.12W. Willamette Meridian: Sections 1-2; Section 3 except 
W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; NE\1/4\ NE\1/4\ Section 4; NW\1/4\, 
W\1/2\ NE\1/4\ Section 5; Section 6; N\1/2\ NW\1/4\ Section 7; S\1/2\ 
S\1/2\, NE\1/4\, N\1/2\ SE\1/4\, NE\1/4\ SW\1/4\ Section 9; Sections 10-
12; N\1/2\ N\1/2\, S\1/2\ NE\1/4\, NW\1/4\ SE\1/4\ Section 13; N\1/2\, 
N\1/2\ S\1/2\ Section 14; Sections 15-16; E\1/2\ SE\1/4\ Section 17; 
E\1/2\ E\1/2\ Section 20; Section 21; W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, 
NW\1/4\ NE\1/4\ Section 22; W\1/2\ Section 27; Section 28; Section 29 
except NW\1/4\ NW\1/4\; S\1/2\ SE\1/4\ Section 30; N\1/2\ NE\1/4\ 
Section 31; Section 32; Section 33 except S\1/2\ SE\1/4\; W\1/2\ NW\1/
4\, NW\1/4\ SW\1/4\ Section 34.
    T.38S., R.13W. Willamette Meridian: Sections 1-2; SE\1/4\ SE\1/4\ 
Section 3; E\1/2\ E\1/2\, SW\1/4\ SE\1/4\ Section 10; Sections 11-13; 
Section 14 except S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; NE\1/4\ Section 15; 
N\1/2\ N\1/2\ Section 24.
    T.39S., R.12W. Willamette Meridian: N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
NE\1/4\ SW\1/4\, NE\1/4\ NE\1/4\ Section 5.
[GRAPHIC] [TIFF OMITTED] TR24MY96.069

    Map and description of OR-07-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Gold Beach and Grants Pass, Oregon; 
1995.

[[Page 324]]

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.38S., R.11W. Willamette Meridian: S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, 
SE\1/4\ NE\1/4\ Section 31.
    T.39S., R.11W. Willamette Meridian: SW\1/4\, SW\1/4\ SE\1/4\ Section 
4; S\1/2\, S\1/2\ NW\1/4\ Section 5; E\1/2\, E\1/2\ W\1/2\ Section 6; 
Section 7 except NW\1/4\ NW\1/4\; Section 8 except SW\1/4\ SW\1/4\; 
Section 9; W\1/2\ W\1/2\, E\1/2\ SW\1/4\ Section 10; NW\1/4\, SW\1/4\ 
SW\1/4\ Section 15; Section 16 except NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\; 
N\1/2\ NE\1/4\, SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ Section 17; Section 18 
except N\1/2\ NE\1/4\; Sections 19-20; Section 21 except SE\1/4\ SE\1/
4\; W\1/2\ NW\1/4\ Section 22; NW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, SE\1/4\ 
SW\1/4\, SW\1/4\ SE\1/4\ Section 29; Sections 30-32; SW\1/4\, S\1/2\ 
NW\1/4\, W\1/2\ SE\1/4\ Section 33.
    T.39S., R.12W. Willamette Meridian: S\1/2\ S\1/2\ Section 1; S\1/2\ 
S\1/2\, N\1/2\ SE\1/4\ Section 2; S\1/2\ Section 3; Section 10 except 
SE\1/4\ SE\1/4\; Section 11 except S\1/2\ SW\1/4\; Section 12; Section 
13 except SW\1/4\, SW\1/4\ NW\1/4\; NE\1/4\ NE\1/4\ Section 14; W\1/2\, 
W\1/2\ E\1/2\, E\1/2\ SE\1/4\ Section 19; S\1/2\, E\1/2\ NE\1/4\ Section 
20; Section 21; S\1/2\ S\1/2\, NW\1/4\ SW\1/4\, W\1/2\ NW\1/4\, NE\1/4\ 
SE\1/4\ Section 22; S\1/2\, S\1/2\ N\1/2\ Section 23; Sections 24-36.
    T.39S., R.13W. Willamette Meridian: Section 33.
    T.40S., R.09W. Willamette Meridian: SW\1/4\ Section 4; S\1/2\, S\1/
2\ NW\1/4\ Section 5; SE\1/4\, SE\1/4\ NE\1/4\ Section 6; Section 7 
except S\1/2\ SE\1/4\; Section 8 except S\1/2\ S\1/2\; N\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\ Section 9; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\ Section 18; 
Section 19 except E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\; SW\1/4\, S\1/2\ NW\1/
4\ Section 20; S\1/2\ SE\1/4\ Section 21; Section 27 except NE\1/4\ 
NE\1/4\; Section 28; SE\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ NE\1/4\, NE\1/4\ 
NW\1/4\ Section 29; Section 30 except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\, 
SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\; S\1/2\, W\1/2\ NW\1/4\ Section 31; 
Section 32 except NW\1/4\ NW\1/4\; Section 33; Section 34 except E\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\, SW\1/4\ SE\1/4\.
    T.40S., R.10W. Willamette Meridian: SW\1/4\ SW\1/4\ Section 1; SE\1/
4\, S\1/2\ SW\1/4\, E\1/2\ NE\1/4\ Section 2; S\1/2\ SW\1/4\ Section 3; 
SE\1/4\ SE\1/4\ Section 4; SE\1/4\, S\1/2\ NE\1/4\ Section 8; Section 9 
except N\1/2\ NW\1/4\; Sections 10-11; Section 12 except NW\1/4\ NE\1/
4\; Sections 13-16; Section 17 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\; 
Section 19 except NW\1/4\, NW\1/4\ SW\1/4\, NW\1/4\ NE\1/4\; Sections 
20-36.
    T.40S., R.11W. Willamette Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
NW\1/4\ NE\1/4\ Section 4; Sections 5-8; W\1/2\ NW\1/4\, S\1/2\ SE\1/4\, 
SW\1/4\ Section 9; Section 16 except E\1/2\ E\1/2\; Sections 17-21; E\1/
2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 25; Section 27 except E\1/2\, NE\1/
4\ NW\1/4\; Sections 28-33; W\1/2\ Section 34; SE\1/4\ SE\1/4\, SE\1/4\ 
NE\1/4\ Section 35; Section 36.
    T.40S., R.12W. Willamette Meridian: Sections 1-30; Section 31 except 
W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; Sections 32-36.
    T.40S., R.13W. Willamette Meridian: Section 4 except SE\1/4\ SE\1/
4\; W\1/2\, NW\1/4\ NE\1/4\, S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\ Section 9; 
W\1/2\, NE\1/4\ Section 10; SE\1/4\ SW\1/4\ Section 12; N\1/2\ NW\1/4\ 
Section 13.
    T.41S., R.09W. Willamette Meridian: Sections 4-8; Sections 17-18.
    T.41S., R.10W. Willamette Meridian: Sections 1-18.
    T.41S., R.11W. Willamette Meridian: Section 1; Section 2 except 
NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\; Sections 3-15; Sections 17-18.
    T.41S., R.12W. Willamette Meridian: Sections 1-4; Section 5 except 
W\1/2\, SW\1/4\ SE\1/4\; Section 7 except NW\1/4\, W\1/2\ SW\1/4\, NW\1/
4\ NE\1/4\; W\1/2\, S\1/2\ SE\1/4\ Section 8; Section 9 except S\1/2\ 
S\1/2\, NW\1/4\ SW\1/4\; Section 10; Section 11 except SE\1/4\ SW\1/4\, 
W\1/2\ SW\1/4\; Sections 12-13; Section 14 except NE\1/4\ NW\1/4\, NW\1/
4\ NE\1/4\; Section 15; Section 17; Section 18 except W\1/2\ W\1/2\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.070

    Map and description of OR-07-f taken from United States Fish and 
Wildlife Service 1:100,000 map; Port Orford, Canyonville, Gold Beach and 
Grants Pass, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.32S., R.09W. Willamette Meridian: Section 34.
    T.32S., R.10W. Willamette Meridian: Section 25; E\1/2\, NE\1/4\ 
NW\1/4\, SE\1/4\ SW\1/4\ Section 26; Section 35 except W\1/2\ NW\1/4\; 
Section 36 except SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\.
    T.33S., R.09W. Willamette Meridian: Section 2; Sections 3-4; Section 
5 except SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\; Section 6 except SE\1/4\; 
Section 7 except E\1/2\ NW\1/4\, W\1/2\ NE\1/4\; Section 8 except NE\1/
4\ NW\1/4\; Sections 9-10; Sections 17-19.
    T.33S., R.10W. Willamette Meridian: Section 1 except NE\1/4\, N\1/2\ 
SW\1/4\, S\1/2\ NW\1/4\; Section 2 except NE\1/4\ SE\1/4\; Section 3 
except NW\1/4\, N\1/2\ NE\1/4\, SW\1/4\ SW\1/4\, N\1/2\ SW\1/4\; Section 
9 except W\1/2\, N\1/2\ NE\1/4\, SW\1/4\ SE\1/4\; Section 10; Section 11 
except NE\1/4\ NW\1/4\; Section 12 except NW\1/4\, SE\1/4\ NE\1/4\; 
Sections 13-14; Section 15 except W\1/2\ SW\1/4\; Section 21 except W\1/
2\; Sections 22-24; Sections 26-27; Section 28 except N\1/2\ NW\1/4\; 
Section 29 except

[[Page 325]]

NW\1/4\ SW\1/4\; SE\1/4\ SE\1/4\ Section 30; Section 31 except W\1/2\, 
W\1/2\ SE\1/4\; Sections 32-34.
    T.34S., R.10W. Willamette Meridian: Sections 4-5; Section 6 except 
NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\; Sections 7-8; Section 
18.
    T.34S., R.10 \1/2\W. Willamette Meridian:S\1/2\ Section 7; Section 
18 except NW\1/4\ NW\1/4\; Sections 19; Sections 30-31.
    T.34S., R.11W. Willamette Meridian: E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ 
Section 11; Section 12 except E\1/4\; Section 13 except NE\1/4\; E\1/2\ 
E\1/2\, SW\1/4\ SW\1/4\ Section 14; SE\1/4\ SE\1/4\ Section 15; Section 
21 except N\1/2\, E\1/2\ SE\1/4\, NW\1/4\ SW\1/4\; Section 22 except 
NW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/
4\; Section 23 except NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\; Sections 24-28; 
S\1/2\ NE\1/4\, SE\1/4\ Section 31; Section 32 except N\1/2\ NW\1/4\; 
Sections 33-36.
    T.35S., R.10 \1/2\W. Willamette Meridian: Section 6; Section 7 
except E\1/2\ E\1/2\, W\1/2\ SE\1/4\, NE\1/4\ SW\1/4\; Section 18 except 
E\1/2\, E\1/2\ SW\1/4\; NW\1/4\, W\1/2\ SW\1/4\, NW\1/4\ NE\1/4\ Section 
19; W\1/2\ SW\1/4\ Section 30; Section 31.
    T.35S., R.11W. Willamette Meridian: Sections 1-4; Section 5 except 
SW\1/4\ SW\1/4\; E\1/2\ NE\1/4\ Section 6; E\1/2\ E\1/2\ Section 7; 
Sections 8-15; Section 17; E\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ Section 18; 
Section 20 except SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\; Section 21 except 
SW\1/4\ NE\1/4\; Sections 22-28; NE\1/4\ NW\1/4\, E\1/2\ E\1/2\ Section 
29; Section 33 except W\1/2\ SW\1/4\; Sections 34-36.
    T.36S., R.11W. Willamette Meridian: Sections 2-3; N\1/2\ N\1/2\, 
SE\1/4\ NE\1/4\, E\1/2\ SE\1/4\ Section 4; NE\1/4\ NW\1/4\, N\1/2\ NE\1/
4\ Section 5; E\1/2\ E\1/2\ Section 9; Sections 10-11; Section 15; E\1/
2\ E\1/2\ Section 16.
[GRAPHIC] [TIFF OMITTED] TR24MY96.071

    Map and description of OR-07-g taken from United States Fish and 
Wildlife Service 1:100,000 map; Canyonville, Oregon; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.31S., R.09W. Willamette Meridian: Section 19 except NW\1/4\ NW\1/
4\, SW\1/4\ SW\1/4\, SW\1/4\ SE\1/4\; Section 29; Section 31; Section 33 
except NE\1/4\ NE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.072

    Map and description of CA-01-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Grants Pass, Oregon; Crescent City and 
Happy Camp, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.18N., R.01E. Humboldt Meridian: NW\1/4\ NW\1/4\ Section 1; W\1/2\, 
NE\1/4\, NW\1/4\ SE\1/4\ Section 2; Section 3; E\1/2\ Section 4; NE\1/
4\, E\1/2\ SE\1/4\ Section 9; Section 10; W\1/2\ NE\1/4\, NW\1/4\, SW\1/
4\, Section 11; W\1/2\ Section 14; Section 15; NE\1/4\ NE\1/4\ Section 
16; Section 22; NW\1/4\, NW \1/4\ SW\1/4\ Section 23; N\1/2\, N\1/2\ 
SW\1/4\, NW\1/4\ SE\1/4\ Section 27.
    T.19N., R.01E. Humboldt Meridian: Section 33 except W\1/2\ SW\1/4\; 
Sections 34-35; Section 36 except SE\1/4\ SE\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.073

    Map and description of CA-01-b taken from United States Fish and 
Wildlife Service

[[Page 326]]

1:100,000 map; Crescent City and Happy Camp, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.17N., R.02E. Humboldt Meridian: SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ 
Section 29; Section 31 except N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\; W\1/2\, 
W\1/2\ NE\1/4\ Section 32.
    T.17N., R.01E. Humboldt Meridian: S\1/2\ SW\1/4\ Section 35; SE\1/
4\, SE\1/4\ SW\1/4\ Section 36.
    T.16N., R.03E. Humboldt Meridian: S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, 
SW\1/4\ SE\1/4\ Section 17; SE\1/4\, E\1/2\ SW\1/4\, SW\1/4\ SW\1/4\, 
S\1/2\ NE\1/4\, SE\1/4\ NW\1/4\ Section 18; Sections 19-20; SW\1/4\, 
S\1/2\ NW\1/4\, Section 21; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 27; 
Section 28 except NE\1/4\ NE\1/4\; Sections 29-33; S\1/2\ NW\1/4\, SW\1/
4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ Section 34.
    T.16N., R.02E. Humboldt Meridian: W\1/2\, SW\1/4\ SE\1/4\ Section 5; 
Sections 6-8; W\1/2\ Section 9; W\1/2\ NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\ 
Section 16; Section 17; Section 18 except W\1/2\ NW\1/4\, SE\1/4\ NW\1/
4\; Sections 19-21; Section 22 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; 
SW\1/4\ SW\1/4\ Section 23; S\1/2\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\ 
Section 25; Section 26 except NE\1/4\ NE\1/4\; Sections 27-29; N\1/2\ 
N\1/2\, SE\1/4\ NE\1/4\ Section 30; Section 32 except SW\1/4\; Sections 
33-36.
    T.16N., R.01E. Humboldt Meridian: Sections 1-2; SE\1/4\, E\1/2\ 
NE\1/4\ Section 3; NE\1/4\, SW\1/4\ NW\1/4\, NE\1/4\ NW\1/4\ Section 10; 
N\1/2\, SE\1/2\ SE\1/4\, N\1/2\ S\1/2\ Section 11; Section 12; S\1/2\ 
SE\1/4\ Section 13; NE\1/4\ Section 24.
    T.15N., R.03E. Humboldt Meridian: Sections 2-6; N\1/2\, N\1/2\ SW\1/
4\ Section 7; SE\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ Section 8; 
Sections 9-10; W\1/2\, W\1/2\ NE\1/4\ Section 11; SW\1/4\ SW\1/4\ 
Section 13; Section 14 except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; Sections 
15-17; Section 18 except NW\1/4\, NW\1/4\ SW\1/4\; NE\1/4\, NE\1/4\ 
NW\1/4\ Section 19; Section 20 except SW\1/4\; Sections 21-23; W\1/2\ 
NW\1/4\, NW\1/4\ SW\1/4\ Section 24; Section 27 except E\1/2\ E\1/2\, 
SW\1/4\ SW\1/4\; Section 28 except S\1/2\, SW\1/4\ NE\1/4\, SE\1/4\ 
NW\1/4\; NE\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ SW\1/4\, E\1/2\ NW\1/4\ 
Section 29.
    T.15N., R.02E. Humboldt Meridian: Sections 1-3; N\1/2\ NW\1/4\, 
NE\1/4\, E\1/2\ SE\1/4\ Section 4; NE\1/4\ NE\1/4\ Section 5; Section 10 
except W\1/2\ SW\1/4\; Sections 11-12; Section 13 except E\1/2\ NE\1/4\, 
SE\1/4\; Section 14; NE\1/4\, E\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 
15; E\1/2\ SE\1/4\ Section 22; Section 23 except SE\1/4\ NE\1/4\, SW\1/
4\ SE\1/4\; SW\1/4\ Section 24; Section 25 except E\1/2\ NE\1/4\; 
Section 26 except NE\1/4\ NE\1/4\; S\1/2\, S\1/2\ N\1/2\ Section 27; 
SE\1/4\, SE\1/4\ SW\1/4\, S\1/2\ NE\1/4\ Section 28; Section 33-34; 
Section 35 except E\1/2\ E\1/2\.
    T.14N., R.02E. Humboldt Meridian: N\1/2\ NW\1/4\, W\1/2\ W\1/2\, 
NW\1/4\ NE\1/4\ Section 2; Section 3; N\1/2\ N\1/2\, E\1/2\ E\1/2\ 
Section 4; E\1/2\ E\1/2\ Section 9; Section 10; NW\1/4\, N\1/2\ SW\1/4\, 
W\1/2\ NE\1/4\, NW\1/4\ SE\1/4\ Section 11; NW\1/4\ NW\1/4\ Section 14; 
N\1/2\ N\1/2\ Section 15.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.14N., R.03E. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 21; SW\1/
4\ SW\1/4\ Section 22; W\1/2\ SW\1/4\, W\1/2\ NE\1/4\, NW\1/4\ Section 
27; Section 28 except NW\1/4\; SE\1/4\ SE\1/4\ Section 29; E\1/2\ 
Section 33 except W\1/2\ W\1/2\, E\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; W\1/2\ 
W\1/2\ Section 34.
    T.13N., R.03E. Humboldt Meridian: NW\1/4\ NW\1/4\ Section 3.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.074
    
    Map and description of CA-01-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Happy Camp and Hoopa, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T. 11N., R.06E. Humboldt Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
W\1/2\ SW\1/4\ Section 30.
    T. 11N., R.05E. Humboldt Meridian: W\1/2\ NE\1/4\, NW\1/4\, E\1/2\ 
SW\1/4\, W\1/2\ SE\1/4\ Section 36.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T. 14N., R.05E. Humboldt Meridian: S\1/2\ Section 7; Section 18 
except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; W\1/2\, NW\1/4\ NE\1/4\ Section 
19; W\1/2\ SW\1/4\, NW\1/4\ NW\1/4\ Section 30; Section 31 except NE\1/
4\, NE\1/4\ NW\1/4\; SW\1/4\ SW\1/4\ Section 32.
    T. 14N., R.04E. Humboldt Meridian: SE\1/4\, SE\1/4\ SW\1/4\ Section 
12; Section 13 except W\1/2\ W\1/2\, Sections 24-25; E\1/2\ NE\1/4\ 
Section 26; SE\1/4\, E\1/2\ NE\1/4\ Section 35; Section 36.
    T. 13N., R.05E. Humboldt Meridian: SW\1/4\, W\1/2\ NW\1/4\, NE\1/4\ 
NW\1/4\, W\1/2\ SE\1/4\ Section 5; Sections 6-7; Section 8 except NE\1/
4\, NE\1/4\ SE\1/4\; S\1/2\ S\1/2\ Section 9; E\1/2\ SW\1/4\, SW\1/4\

[[Page 327]]

SW\1/4\, W\1/2\ SE\1/4\ Section 10; NW\1/4\, N\1/2\ SW\1/4\, W\1/2\ 
NE\1/4\, NW\1/4\ SE\1/4\, SE\1/4\ SE\1/4\ Section 15; Section 16 except 
SE\1/4\ SE\1/4\; Sections 17-21; Section 22 except SE\1/4\ SE\1/4\; N\1/
2\ NW\1/4\ Section 27; N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\ Section 28; 
Section 29 except E\1/2\ SE\1/4\; Sections 30-31, Section 32 except E\1/
2\ NE\1/4\; S\1/2\ SE\1/4\ Section 35; SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ 
SE\1/4\ Section 36.
    T. 13N., R.04E. Humboldt Meridian: Section 1; Section 2 except NW\1/
4\; S\1/2\ SE\1/4\ Section 3; SE\1/4\ SE\1/4\ Section 9; Section 10 
except NW\1/4\ NW\1/4\; Sections 11-15; E\1/2\ E\1/2\ Section 16; SE\1/
4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, S\1/2\ SW\1/4\ Section 21; Sections 
22-28; Section 29 except N\1/2\ N\1/2\; Section 30 except N\1/2\ N\1/2\; 
Sections 31-36.
    T. 13N., R.03E. Humboldt Meridian: S\1/2\ Section 25; S\1/2\ SE\1/4\ 
Section 26; Section 35 except W\1/2\ NW\1/4\; Section 36.
    T. 12N., R.06E. Humboldt Meridian: W1/2 SW\1/4\ Section 6; SW\1/4\ 
Section 7; W\1/2\, W\1/2\ SE\1/4\ Section 18; N\1/2\ NW\1/4\, NW\1/4\ 
NE\1/4\ Section 19.
    T. 12N., R.05E. Humboldt Meridian: Section 1; Section 2 except NW\1/
4\, NW\1/4\ SW\1/4\; S\1/2\ S\1/2\, NW\1/4\ SW\1/4\ Section 3; Section 4 
except N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\; Sections 5-11; Section 12 except 
S\1/2\ NE\1/4\; Sections 13-23; Section 24 except E\1/2\ SE\1/4\, SE\1/
4\ NE\1/4\; Section 25 except E\1/2\ NE\1/4\; Sections 26-36.
    T. 12N., R.04E. Humboldt Meridian: Sections 1-36.
    T. 12N., R.03E. Humboldt Meridian: Sections 1-2; Section 3 except 
NW\1/4\, W\1/2\ SW\1/4\, W\1/2\ NE\1/4\, NE\1/4\ NE\1/4\; Section 10 
except W\1/2\ W\1/2\, NE\1/4\ NW\1/4\; Sections 11-14, Section 15 except 
W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\; SW\1/4\ SE\1/4\ Section 
22; Section 23 except SW\1/4\ SW\1/4\; Section 24; Section 25 except 
SW\1/4\ SE\1/4\; N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 26.
    T. 11N., R.06E. Humboldt Meridian: SW\1/4\, W\1/2\ NW\1/4\, Section 
6; W\1/2\ Section 7; NW\1/4\ NW\1/4\ Section 18; SW\1/4\, SW\1/4\ NW\1/
4\ Section 19.
    T. 11N., R.05E. Humboldt Meridian: Sections 1-25; Section 26 except 
SW\1/4\, SW\1/4\ SE\1/4\; NE\1/4\ NE\1/4\, Section 27; Section 28 except 
SE\1/4\ SE\1/4\; Sections 29-32; Section 33 except NE\1/4\, E\1/2\ NW\1/
4\; W\1/2\ SW\1/4\ Section 34.
    T. 11N., R.04E. Humboldt Meridian: Sections 1-30, Section 31 except 
SW\1/4\, S\1/2\ NW\1/4\; Sections 32-36.
    T. 10N., R.05E. Humboldt Meridian: W\1/2\ SW\1/4\ Section 2; Section 
3 except NE\1/4\, Sections 4-9, Section 10 except S\1/2\, SW\1/4\ NW\1/
4\; N\1/2\ NW\1/4\ Section 11; Section 16 except SE\1/4\, SE\1/4\ SW\1/
4\; Section 17-18; Section 19 except SE\1/4\, SE\1/4\ SW\1/4\, SE\1/4\ 
NE\1/4\; N\1/2\ NW\1/4\ Section 20; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ 
Section 30.
    T. 10N., R.04E. Humboldt Meridian: Sections 1-3; Sections 10-15; 
Sections 22-27.
[GRAPHIC] [TIFF OMITTED] TR24MY96.075

    Map and description of CA-01-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Happy Camp California; 1995.

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:
    T.17N., R.03E. Humboldt Meridian: NE\1/4\, E\1/2\ SE\1/4\ Section 
24; E\1/2\ NE\1/4\, SE\1/4\, Section 25; N\1/2\, E\1/2\ SE\1/4\ Section 
36.
    T.16N., R.03E. Humboldt Meridian: S\1/2\ SW\1/4\, SE\1/4\, NE\1/4\ 
SW\1/4\ Section 1; E\1/2\ E\1/2\ Section 11; Section 12; Section 13 
except W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; NE\1/4\, E\1/2\ NW\1/4\, E\1/2\ 
SE\1/4\ Section 24; SE\1/4\, SE\1/4\ NE\1/4\ Section 25; Section 36 
except SW\1/4\, NW\1/4\ NW\1/4\, W\1/2\ SE\1/4\.
    T.15N., R.07E. Humboldt Meridian: SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ 
Section 7.
    T.15N., R.06E. Humboldt Meridian: NW\1/4\ Section 13.
    T.15N., R.03E. Humboldt Meridian: E\1/2\ E\1/2\ Section 1; E\1/2\, 
SE\1/4\ Section 12.
    T.14N., R.06E. Humboldt Meridian: N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, 
W\1/2\ SE\1/4\ Section 4; Section 5; Section 8; SW\1/4\, S\1/2\ NW\1/4\, 
NW\1/4\ NW\1/4\ Section 9; W\1/2\ Section 16; Section 17; N\1/2\ Section 
20; Section 21 except S\1/2\ SW\1/4\, N\1/2\ NE\1/4\ Section 21.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.18N., R.04E. Humboldt Meridian: SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 33; E\1/2\ SE\1/4\ Section 35; SW\1/4\, SW\1/4\ SE\1/4\, S\1/2\ 
NW\1/4\ Section 36.
    T.17N., R.06E. Humboldt Meridian: S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ 
Section 14; S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\ Section 15; S\1/2\ SE\1/4\ 
Section 16; E\1/2\ Section 21; Section 22; Section 23 except NE\1/4\ 
NE\1/4\; W\1/2\ SW\1/4\ Section 24; Section 26 except

[[Page 328]]

E\1/2\ SE\1/4\; Section 27 except SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ NW\1/
4\; NE\1/4\ NE\1/4\ Section 28.
    T.17N., R.05E. Humboldt Meridian: SW\1/4\, SW\1/4\ NW\1/4\ Section 
4; Section 5 except N\1/2\ N\1/2\, SW\1/4\ NW\1/4\; Section 6 except 
NE\1/4\; Section 7 except S\1/2\ SE\1/4\, SW\1/4\ SE\1/4\; Section 8 
except SE\1/4\ SE\1/4\; W\1/2\ NW\1/4\ Section 9.
    T.17N., R.04E. Humboldt Meridian: Section 1 except SW\1/4\, SW\1/4\ 
NW\1/4\; Section 2 except NE\1/4\ NE\1/4\, N\1/2\ NW\1/4\, E\1/2\ SE\1/
4\; Section 3 except N\1/2\ N\1/2\; Section 4; SE\1/4\ NE\1/4\, SE\1/4\ 
Section 5; Section 8 except NW\1/4\; Sections 9-10; NE\1/4\, NW\1/4\, 
NW\1/4\ SW\1/4\ Section 11; NE\1/4\ Section 12; Sections 16-17; W\1/2\, 
W\1/2\ E\1/2\ Section 20; SE\1/4\, NE\1/4\ SW\1/4\ Section 21; S\1/2\, 
S\1/2\ N\1/2\ Section 22; S\1/2\, S\1/2\ N\1/2\ Section 23; W\1/2\ SW\1/
4\ Section 24; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 25; Section 26; 
Section 27 except SW\1/4\; NE\1/4\, SW\1/4\, SW\1/4\ SE\1/4\ Section 28; 
Section 29 except E\1/2\ NE\1/4\; SW\1/4\, W\1/2\ SE\1/4\ Section 32; 
Section 33; N\1/2\ NE\1/4\, SW\1/4\, SE\1/4\ Section 34; N\1/2\, N\1/2\ 
SE\1/4\, SW\1/4\ SW\1/4\ Section 35.
    T.16N., R.04E. Humboldt Meridian: S\1/2\ SW\1/4\, W\1/2\ SE\1/4\ 
Section 1; Section 2 except NE\1/4\; Sections 3-4; Section 5 except N\1/
2\ NW\1/4\; Section 8; W\1/2\ W\1/2\, NE\1/4\ NE\1/4\ Section 9; Section 
10 except W\1/2\ SW\1/4\; Section 11 except SE\1/4\, S\1/2\ SW\1/4\; 
S\1/2\ Section 12; E\1/2\ E\1/2\ Section 17; E\1/2\ E\1/2\ Section 20; 
Section 29 except SE\1/4\, E\1/2\ NE\1/4\; W\1/2\ Section 32.
    T.15N., R.06E. Humboldt Meridian: W\1/2\ SW\1/4\ Section 2; S\1/2\ 
Section 3; N\1/2\, E\1/2\ Section 4; SE\1/4\ Section 9; Section 10 
except W\1/2\ NW\1/4\, E\1/2\ SE\1/4\, S\1/2\ NW\1/4\ Section 11; NE\1/
4\ SE\1/4\, SE\1/4\ NE\1/4\ Section 12; NW\1/4\ Section 13; SE\1/4\ 
NW\1/4\, SW\1/4\ NE\1/4\ Section 14; N\1/2\ NW\1/4\ Section 15; NW\1/4\, 
N\1/2\ SW\1/4\, NW\1/4\ NE\1/4\ Section 16; NE\1/4\ NE\1/4\, N\1/2\ 
SE\1/4\, NE\1/4\, SE\1/4\ NW\1/4\ Section 17; SW\1/4\, S\1/2\ NW\1/4\, 
NW\1/4\ SE\1/4\ Section 29; S\1/2\ SW\1/4\ Section 30.
    T.15N., R.05E. Humboldt Meridian: SE\1/4\ Section 20; S\1/2\ Section 
21; S\1/2\ SW\1/4\ Section 22; S\1/2\ NE\1/4\, NE\1/4\ SW\1/4\, SE\1/4\ 
Section 25; NW\1/4\ Section 27; Section 28 except E\1/2\ SE\1/4\; NW\1/
4\, NW\1/4\ SW\1/4\ Section 29; SE\1/4\ SE\1/4\ Section 30; E\1/2\ NE\1/
4\, SE\1/4\ Section 31; Sections 32-33; Section 34 except N\1/2\ N\1/2\, 
E\1/2\ NE\1/4\ Section 34; E\1/2\, SW\1/4\ SW\1/4\, E\1/2\ SW\1/4\ 
Section 35; Section 36.
    T.15N., R.04E. Humboldt Meridian: W\1/2\ Section 6; W\1/2\ NW\1/4\ 
Section 7.
    T.14N., R.05E. Humboldt Meridian: Sections 1-4; E\1/2\ SE\1/4\, 
NE\1/4\, N\1/2\ NW\1/4\ Section 5; NE\1/4\, E\1/2\ NW\1/4\ Section 6; 
NE\1/4\, NE\1/4\ NW\1/4\, N\1/2\ SE\1/4\ Section 8; Section 9 except 
S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\; Section 10; Section 11 except S\1/2\ 
SE\1/4\, SE\1/4\ SW\1/4\; Section 12 except W\1/2\ SW\1/4\; W\1/2\, 
NE\1/4\ NW\1/4\ Section 13; N\1/2\ NE\1/4\, NW\1/4\ Section 15; NE\1/4\ 
Section 24.
[GRAPHIC] [TIFF OMITTED] TR24MY96.076

    Map and description of CA-01-e taken from United States Fish and 
Wildlife Service 1:100,000 map; Grants Pass, Oregon; Happy Camp, 
California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.41S., R.07W. Willamette Meridian: S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ 
Section 6; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ Section 7; SE\1/4\, S\1/2\ 
NE\1/4\ Section 8; S\1/2\ SE\1/4\, W\1/2\ Section 9; Section 16; E\1/2\ 
E\1/2\ Section 17.
    T.41S., R.08W. Willamette Meridian: Section 1 except SE\1/4\ NW\1/
4\, W\1/2\ SW\1/4\; Section 2 except SE\1/4\ SE\1/4\; Section 4; Section 
9 except W\1/2\ W\1/2\; Section 11 except NE\1/4\ NE\1/4\; Section 12 
except E\1/2\ SE\1/4\; Section 13 except NE\1/4\; Sections 14-16; E\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\ Section 17.
    T.19N., R.06E. Humboldt Meridian: E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ 
Section 31; Section 32 except NW\1/4\ NW\1/4\; NW \1/4\, W\1/2\ NE\1/4\, 
N\1/2\ SW\1/4\ Section 33.
    T.19N., R.05E. Humboldt Meridian: Section 32 except S\1/2\ SW\1/4\; 
Section 33; Section 34 except E\1/2\ SE\1/4\; Section 35 except S\1/2\ 
SW\1/4\; W\1/2\ NW\1/4\ Section 36.
    T.19N., R.04E. Humboldt Meridian: Sections 32-34; SW\1/4\ SW\1/4\ 
Section 35.
    T.18N., R.05E. Humboldt Meridian: Section 5 except NW\1/4\, W\1/2\ 
NE\1/4\; SE\1/4\, E\1/2\ SW\1/4\ Section 6; Section 7 except S\1/2\ S\1/
2\, NW\1/4\ SW\1/4\; Sections 16-17; SE\1/4\, S\1/2\ N\1/2\, NW\1/4\ 
NW\1/4\, Section 18; N\1/2\ Section 19.
    T.18N., R.04E. Humboldt Meridian: W\1/2\ NW\1/4\ Section 2; Section 
3 except SE\1/4\ SE\1/4\, Section 4; N\1/2\ N\1/2\, SW\1/4\ NE\1/4\ 
Section 9.

[[Page 329]]

    T.18N., R.03E. Humboldt Meridian: Section 1; SE\1/4\, E\1/2\ NE\1/
4\, NE\1/4\ NE\1/4\, SE\1/4\ SW\1/4\ Section 2; SE\1/4\ SE\1/4\ Section 
10; Section 11 except NW\1/4\ NW\1/4\; NW\1/4\ NE\1/4\, NE\1/4\ NW\1/4\ 
Section 12; W\1/2\ NW\1/4\ Section 14; E\1/2\, E\1/2\ SW\1/4\ Section 
15; W\1/2\, NW\1/4\ SE\1/4\, N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 22; 
W\1/2\ Section 27; SE\1/4\, S\1/2\ NE\1/4\, NE\1/4\ NE\1/4\, E\1/2\ 
SW\1/4\ Section 28; E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\ Section 32; Section 
33; W\1/2\ Section 34.
    T.17N., R.03E. Humboldt Meridian: NW\1/4\, NW\1/4\ SW\1/4\ Section 
3; Section 4 except S\1/2\ S\1/2\, NW\1/4\ SW\1/4\; NE\1/4\ NE\1/4\ 
Section 5.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.18N., R.06E. Humboldt Meridian: Section 5 except E\1/2\ E\1/2\; 
E\1/2\ NE\1/4\; SE\1/4\ SW\1/4\, SE\1/4\ Section 6; Section 7; Section 8 
except E\1/2\ NE\1/4\; Section 17 except E\1/2\ SE\1/4\; Sections 18-19; 
W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section 20; Section 30 
except E\1/2\ SE\1/4\, SE\1/4\ NE\1/4\; Section 31 except E\1/2\ E\1/2\, 
SW\1/4\ SE\1/4\.
    T.18N., R.05E. Humboldt Meridian: Section 1 except N\1/2\ NE\1/4\; 
Sections 2-4; Sections 8-12; Section 13 except SW\1/4\, SW\1/4\ NW\1/4\, 
SW\1/4\ SE\1/4\; Section 14 except SE\1/4\, S\1/2\ NE\1/4\; Section 15; 
Section 20 except SW\1/4\; Section 21 except S\1/2\ SE \1/4\; Section 22 
except SW\1/4\ SE\1/4\, S\1/2\ SW\1/4\; NW\1/4\, NW\1/4\ SW\1/4\, SW\1/
4\ SW\1/4\ Section 23; S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, E\1/2\ NE\1/4\ 
Section 24; Section 25 except S\1/2\ SW\1/4\, NW\1/4\ NW\1/4\; W\1/2\ 
SW\1/4\, NW\1/4\, SE\1/4\ SW\1/4\ Section 28; E\1/2\ Section 29; E\1/2\ 
Section 32; NW\1/4\, N\1/2\ SW\1/4\ Section 33; E\1/2\, SE\1/4\ SW\1/4\ 
Section 36.
    T.18N., R.04E. Humboldt Meridian: Section 5; N\1/2\ N\1/2\ Section 
8.
[GRAPHIC] [TIFF OMITTED] TR24MY96.077

    Map and description of CA-02-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Crescent City, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.14N., R.01E. Humboldt Meridian: S\1/2\ NE\1/4\, S\1/2\, SE\1/4\ 
NW\1/4\ Section 21; W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\ Section 22; NW\1/4\, 
NW\1/4\, NW\1/4\ SW\1/4\ Section 27; Section 28 except W\1/2\ SW\1/4\, 
SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\.
    T.17N., R.01E. Humboldt Meridian: SW\1/4\ SW\1/4\ Section 21; W\1/2\ 
NW\1/4\, NW\1/4\ SW\1/4\ Section 28; E\1/2\ NE\1/4\ Section 29.

    Critical Habitat includes only State lands described within the 
following areas:

    T.14N., R.01W. Humboldt Meridian: Section 1 above Mean High Water 
(MHW).
    T.14N., R.01E. Humboldt Meridian: W\1/2\ Section 6; W\1/2\ Section 
7; Sections 18-19 above MHW.
    T.15N., R.01E. Humboldt Meridian: S\1/2\ Section 7; W\1/2\ Section 
8; NW\1/4\, W\1/2\ NE\1/4\ Section 17; Sections 18-19; W\1/2\, N\1/2\ 
NE\1/4\ Section 30; W\1/2\ Section 31.
    T.15N., R.01W. Humboldt Meridian: SE\1/4\, S\1/2\ SW\1/4\ Section 1; 
Section 12 except W\1/2\ NE\1/4\; S\1/2\, NE\1/4\, NE\1/4\ NW\1/4\ 
Section 13; Section 23 above MHW, Section 24, Sections 25-26 above MHW; 
Section 36 above MHW.
    T.16N., R.01E. Humboldt Meridian: NW\1/4\ Section 4; Sections 5-7; 
Section 8 except NE\1/4\ SE\1/4\; SW\1/4\ NW\1/4\ NW\1/4\ SW\1/4\ 
Section 9; NW\1/4\ Section 15; W\1/2\, NE\1/4\ Section 16; Sections 17-
20; W\1/2\, W\1/2\ SE\1/4\ Section 21.
    T.16N., R.01W. Humboldt Meridian: Section 1; SE\1/4\ SE\1/4\ Section 
2; E\1/2\ NE\1/4\ Section 11; Sections 12-13; E\1/2\ E\1/2\ Section 14; 
SE\1/4\, E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, S\1/2\ NW\1/4\ Section 23; 
Section 24.
    T.17N., R.01E. Humboldt Meridian: SW\1/4\, W\1/2\ SE\1/4\ Section 
30, Section 31 except E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\.
    T.17N., R.01W. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 25; S\1/
2\, E\1/2\ NE\1/4\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.078

    Map and description of CA-02-b taken from United States Fish and 
Wildlife Service

[[Page 330]]

1:100,000 map; Orick and Hoopa, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:
    T.11N., R.01E. Humboldt Meridian: Sections 1-2 N\1/2\ N\1/2\ Section 
3; Section 4 except E\1/2\ SE\1/4\; Section 9 except E\1/2\ E\1/2\, 
SW\1/4\ SW\1/4\; N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ NW\1/4\ Section 
11; NW\1/4\ NW\1/4\ Section 12.
    T.12N., R.01E. Humboldt Meridian: W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, 
S\1/2\ Section 3; Section 4 above MHW; Section 9 above MHW; Section 10 
except SE\1/4\ NW\1/4\; S\1/2\ NW\1/4\, SW\1/4\ Section 11; W\1/2\, 
NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 14; Section 15; Section 16 above 
MHW; Section 21 above MHW; Sections 22-23; SW\1/4\ Section 24; Sections 
25-27; Section 28 above MHW; Section 33 above MHW; Section 34-36.
    T.13N., R.01E. Humboldt Meridian: SW\1/4\, E\1/2\ SE\1/4\ Section 
33; SW\1/4\ SW\1/4\ Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.079

    Map and description of CA-02-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Orick, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.09N., R.01W. Humboldt Meridian: Section 23 above Mean High Water 
(MHW); Section 26 except SE\1/4\, SE\1/4\ SW\1/4\; Section 27 above MHW; 
NE\1/4\ Section 34; NW\1/4\ NW\1/4\ Section 35.
    T.09N., R.01E. Humboldt Meridian: E\1/2\ NW\1/4\, E\1/2\ SW\1/4\, 
W\1/2\ SE\1/4\ Section 6; W\1/2\ NE\1/4\, E\1/2\ NW\1/4\, W\1/2\ SE\1/
4\, SE\1/4\ SE\1/4\ Section 7; E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\ Section 
18.
    T.10N., R.01E. Humboldt Meridian: SW\1/4\ SE\1/4\, SE\1/4\ SW\1/4\ 
Section 8; W\1/2\ Section 17; Section 19 above MHW; E\1/2\ W\1/2\ W\1/2\ 
Section 20; Section 29 except SE\1/4\, SW\1/4\ NE\1/4\, E\1/2\ SW\1/4\, 
SW\1/4\ SW\1/4\; Section 30 above MHW; W\1/2\, N\1/2\ NE\1/4\, E\1/2\ 
SW\1/4\, SE\1/4\ NW\1/4\ Section 31.
[GRAPHIC] [TIFF OMITTED] TR24MY96.080

    Map and description of CA-03-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Eureka and Hayfork, California; 1995.
    Critical Habitat includes only Private lands described within the 
following areas:

    T.02N., R.01E. Humboldt Meridian: Section 1-3; N\1/2\ Section 10; 
Section 11-12.
    T.02N., R.02E. Humboldt Meridian: Section 3; W\1/2\ Section 4; 
Section 5-6; N\1/2\ Section 7; N\1/2\ Section 8; Section 9-11; Section 
14; Section 15 except SW\1/4\; N\1/2\ Section 16; N\1/2\ Section 22; 
N\1/2\ Section 23.
    T.03N., R.01E. Humboldt Meridian: S\1/2\ Section 3; Section 4-10; 
W\1/2\ Section 11; Section 13-18; W\1/2\ Section 19; Section 20-26; E\1/
2\ Section 27; W\1/2\ Section 28; Section 29-35; Section 36 except NE\1/
4\.
    T.03N., R.02E. Humboldt Meridian: Section 3 except NE\1/4\; Section 
4; SE\1/4\ Section 5; S\1/2\ Section 6; Section 7; Section 9; Section 
10; W\1/2\ Section 16; Section 18-20; Section 21 except NE\1/4\; SW \1/
4\ Section 22; W\1/2\ Section 27; Section 28 except SW\1/4\; Section 29-
30; Section 31 except SW\1/4\; Section 32; Section 33 except NW\1/4\.
    T.04N., R.02E. Humboldt Meridian: S\1/2\ S\1/2\ Section 33; SW\1/4\ 
Section 34.

[[Page 331]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.081

    Map and description of CA-04-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Cape Mendocino and Garberville, 
California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.01N., R.01E. Humboldt Meridian: SW\1/4\ Section 23; S\1/2\ Section 
24; SW\1/4\ NW\1/4\, N\1/2\ N\1/2\ Section 25; NE\1/4\, E\1/2\ NW\1/4\ 
Section 26.
    T.01N., R.02E. Humboldt Meridian: E\1/2\ NE\1/4\, NE\1/4\ SE\1/4\ 
Section 11; NW\1/4\ Section 12; S\1/2\ Section 19; W\1/2\ W\1/2\ Section 
29; N\1/2\, N\1/2\ SE\1/4\, NE\1/4\ SW\1/4\ Section 30; NW\1/4\ NW\1/4\, 
S\1/2\ SE\1/4\, E\1/2\ SW\1/4\ Section 32.
    T.01S., R.01E. Humboldt Meridian: S\1/2\ S\1/2\ Section 13; S\1/2\ 
NW\1/4\, S\1/2\ Section 14; E\1/2\ SE\1/4\ Section 15; E\1/2\ E\1/2\, 
SW\1/4\ SE\1/4\ Section 22; Sections 23-27; Section 28 except W\1/2\ 
NW\1/4\; Section 33 except SW\1/4\ NW\1/4\, SW\1/4\; Sections 34-36.
    T.01S., R.02E. Humboldt Meridian: S\1/2\ NW\1/4\, NW\1/4\ SW\1/4\, 
S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 3; Section 4 except SW\1/4\ 
NW\1/4\; NE\1/4\ NE\1/4\ Section 9; NW\1/4\, W\1/2\ NE\1/4\, E\1/2\ 
SE\1/4\ Section 10; SW\1/4\ SW\1/4\ Section 11; W\1/2\ Section 14; SE\1/
4\, SW\1/4\ SW\1/4\ Section 15; S\1/2\ NW\1/4\, SW\1/4\, S\1/2\ SE\1/4\ 
Section 16; S\1/2\, SE\1/4\ NE\1/4\ Section 17; S\1/2\ S\1/2\ Section 
18; Sections 19-22; W\1/2\ Section 23; W\1/2\, SW\1/4\ SE\1/4\ Section 
26; Sections 27-34; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, N\1/2\ SW\1/4\, 
SW\1/4\ SW\1/4\, SW\1/4\ NE\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ 
Section 35.
    T.02S., R.01E. Humboldt Meridian: Sections 1-3; E\1/2\ E\1/2\ 
Section 4; E\1/2\ E\1/2\ Section 9; Sections 10-14; Section 15 except 
W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\; Section 22 except SW\1/4\, W\1/2\ NW\1/
4\; Sections 23-25; Section 26 except, SW\1/4\, S\1/2\ NW\1/4\, SW\1/4\ 
NE\1/4\.
    T.02S., R.02E. Humboldt Meridian: SW\1/4\ Section 1; Section 2 
except NE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ SE\1/4\; Sections 3-24; Section 
25 except SW\1/4\ SW\1/4\; N\1/2\ Section 26; Section 27 except S\1/2\ 
S\1/2\; Section 28 except S\1/2\ S\1/2\, NW\1/4\ SW\1/4\; Section 29 
except NE\1/4\ SE\1/4\, S\1/2\ SE\1/4\; Section 30 except S\1/2\ SW\1/
4\; NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\ Section 36.
    T.02S., R.03E. Humboldt Meridian: Section 7 except N\1/2\; SW\1/4\ 
SW\1/4\ Section 8; Section 17 except NE\1/4\, E\1/2\ SE\1/4\; Sections 
18-20; Section 21 except NW\1/4\ NE\1/4\, SE\1/4\ NE\1/4\, N\1/2\ SE\1/
4\, SE\1/4\ SE\1/4\; S\1/2\ S\1/2\, NW\1/4\ SW\1/4\, SW\1/4\ NW\1/4\ 
Section 27; Section 28 except NE\1/4\ NE\1/4\; Section 29 except W\1/2\ 
NW\1/4\; Section 30 except SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\; Section 31 
except S\1/2\ S\1/2\, NW\1/4\ SE\1/4\; Section 32 except SE\1/4\ NE\1/
4\, S\1/2\; N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ Section 33; E\1/2\, NW\1/4\ 
Section 34; SE\1/4\ NW\1/4\, NW\1/4\ NW\1/4\ Section 35.
    T.03S., R.03E. Humboldt Meridian: NW\1/4\ Section 3; E\1/2\ NE\1/4\ 
Section 11; N\1/2\, NW\1/4\ SW\1/4\, SE\1/4\ Section 12; SE\1/4\ SE\1/
4\, Section 13.
    T.03S., R.04E. Humboldt Meridian: SW\1/4\ SW\1/4\ Section 18; NW\1/
4\, NW\1/4\ SW\1/4\ Section 30.
[GRAPHIC] [TIFF OMITTED] TR24MY96.082

    Map and description of CA-04-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Garberville, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.04S., R.03E. Humboldt Meridian: SE\1/4\ SW\1/4\, S\1/2\ SE\1/4\ 
Section 2; S\1/2\ SE\1/4\ Section 9; SW\1/4\, NW\1/4\ SE\1/4\ Section 
10; E\1/2\ NW\1/4\, SW\1/4\ NE\1/4\, N\1/2\ NE\1/4\ Section 11.

[[Page 332]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.083

    Map and description of CA-05-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Cape Mendocino, Garberville and Covelo, 
California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.02S., R.02E. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 31; S\1/2\ 
SW\1/4\, SW\1/4\ SE\1/4\ Section 32.
    T.03S., R.02W. Humboldt Meridian: SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\, 
S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 12; Sections 13-14; Section 15-
16 East of Mean High Water (MHW); Section 22-23 East of MHW; Section 24 
except SE\1/4\; N\1/2\ NE\1/4\ Section 26 East of MHW.
    T.03S., R.01W. Humboldt Meridian: SW\1/4\ SW\1/4\ Section 9; NE\1/4\ 
SE\1/4\ Section 10; S\1/2\, SE\1/4\ NE\1/4\ Section 11; SW\1/4\ NW\1/4\, 
S\1/2\ Section 12; Sections 13-18; N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\ 
Section 19; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\, N\1/2\ SE\1/4\, 
Section 20; Sections 21-26; N\1/2\, E\1/2\ SE\1/4\ Section 27; N\1/2\ 
NE\1/4\ Section 28; NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\ Section 35; N\1/2\ 
NW\1/4\, NE\1/4\, E\1/2\ SW\1/4\ Section 36.
    T.03S., R.01E. Humboldt Meridian: N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, 
NE\1/4\ SW\1/4\ Section 12; N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\, SE\1/4\ 
NE\1/4\ Section 13; SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ Section 18; W\1/2\ 
NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 19; SE\1/4\ NE\1/4\, NE\1/4\ 
SE\1/4\ Section 24; W\1/2\ SW\1/4\ Section 29; Section 30 except NE\1/4\ 
NE\1/4\; Section 31; W\1/2\ W\1/2\, NE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ 
Section 32.
    T.03S., R.02E. Humboldt Meridian: W\1/2\ SW\1/4\, NW\1/4\, SE\1/4\ 
NE\1/4\, SW\1/4\ SE\1/4\ Section 5; E\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ 
Section 6; Section 7 except SW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\; W\1/2\ 
W\1/2\, SE\1/4\ NW\1/4\, SW\1/4\, W\1/2\ NE\1/4\, W\1/2\ SE\1/4\, SE\1/
4\ SE\1/4\ Section 8; S\1/2\ SW\1/4\ Section 9; E\1/2\ SW\1/4\ Section 
18; NE\1/4\ NW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\ Section 19; SE\1/
4\ NE\1/4\ Section 20; NW\1/4\ NE\1/4\ Section 22; NW\1/4\ NW\1/4\ 
Section 28; NW\1/4\ NE\1/4\ Section 30.
    T.04S., R.01W. Humboldt Meridian: S\1/2\ S\1/2\, Section 1; SE\1/4\ 
SE\1/4\ Section 2; SE\1/4\ SE\1/4\ Section 10; S\1/2\, NE\1/4\ Section 
11; N\1/2\, W\1/2\ SW\1/4\ Section 12; Section 14 east of MHW.
    T.04S., R.01E. Humboldt Meridian: SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ 
SE\1/4\, S\1/2\ NE\1/4\ Section 4; Section 5; Section 6 except S\1/2\ 
SW\1/4\; NE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ SE\1/4\ Section 7; N\1/2\ 
Section 8; Section 9 except N\1/2\ NW\1/4\, NE\1/4\ NE\1/4\; S\1/2\, 
E\1/2\ NE\1/4\ Section 10; SW\1/4\, SW\1/4\ NW\1/4\ Section 11; Section 
15; Section 16 except SW\1/4\ SW\1/4\; S\1/2\ SW\1/4\ Section 20; E\1/
2\, S\1/2\ SW\1/4\ Section 21; Sections 22-23; S\1/2\ NW\1/4\, NW\1/4\ 
NW\1/4\, SW\1/4\ Section 24; W\1/2\ Section 25; Section 26-27; Section 
28 except NW\1/4\ NW\1/4\; N\1/2\, SE\1/4\ SE\1/4\ Section 29; N\1/2\ 
N\1/2\ Section 33; E\1/2\ Section 34; Section 35; W\1/2\ Section 36.
    T.04S., R.02E. Humboldt Meridian: S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, 
NW\1/4\ SE\1/4\ Section 31.
    T.05S., R.01E. Humboldt Meridian: Section 1; Section 2 except N\1/2\ 
SW\1/4\; E\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 3; NE\1/4\, S\1/2\ 
SE\1/4\, NE\1/4\ NW\1/4\ Section 11; Section 12 except N\1/2\ NW\1/4\, 
NE\1/4\ SW\1/4\; Section 13 except W\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, 
NE\1/4\ SE\1/4\; E\1/2\ Section 14; Section 23 East of MHW; Section 24; 
Section 25 East of MHW.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.05S., R.02E. Humboldt Meridian: Western \1/2\ of the Western \1/2\ 
of the Township T.05S., R.02E.
[GRAPHIC] [TIFF OMITTED] TR24MY96.084

    Map and description of CA-05-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Covelo, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.24N., R.19W. Mt. Diablo Meridian: W\1/2\ W\1/2\ Section 2; Section 
3 except E\1/2\ NW\1/4\; Section 4 except NE\1/4\ NE\1/4\; Section 5; 
Section 9 above MHW; Section 10; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 
11; W\1/2\ Section 14; Section 15 above MHW; Section 22 above MHW; 
Section

[[Page 333]]

23 except NE\1/4\, NE\1/4\ SE\1/4\; Section 24 except NE\1/4\ NW\1/4\, 
N\1/2\ NE\1/4\; Section 25 except SW\1/4\ SW\1/4\; Section 26 above MHW; 
Section 36 above MHW.
    T.24N., R.18W. Mt. Diablo Meridian: SW\1/4\ NW\1/4\, SE\1/4\ SW\1/
4\, W\1/2\ SW\1/4\ Section 31.
    T.23N., R.19W. Mt. Diablo Meridian: Section 1 above MHW.
    T.23N., R.18W. Mt. Diablo Meridian: Section 5; Section 6 except E\1/
2\ NE\1/4\ ; Section 7 above MHW; Section 8 except N\1/2\ NE\1/4\, SE\1/
4\ NE\1/4\, NE\1/4\ SE\1/4\; W\1/2\ SW\1/4\, S\1/2\ SE\1/4\ Section 15; 
Section 16 except NE\1/4\ NW\1/4\, NE\1/4\, Section 21 above MHW; N\1/2\ 
Section 22.
    T.05S., R.02E. Humboldt Meridian: NW\1/4\ NW\1/4\, SE\1/4\ NW\1/4\ 
Section 22; NE\1/4\ Section 27.
[GRAPHIC] [TIFF OMITTED] TR24MY96.085

    Map and description of CA-06-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Garberville and Covelo, California; 
1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.05S., R.03E. Humboldt Meridian: SE\1/4\ SE\1/4\ Section 10; SW\1/
4\ SW\1/4\ Section 11; Section 13 except NE\1/4\; Section 14 except 
NW\1/4\ NE\1/4\; Section 15 except SW\1/4\; NW\1/4\ NE\1/4\, NE\1/4\ 
NW\1/4\ Section 24.

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.24N., R.15W. Mt. Diablo Meridian: SW\1/4\ NW\1/4\, W\1/2\ SE\1/4\, 
SW\1/4\ Section 4; Section 5 except W\1/2\ SW\1/4\; S\1/2\ NE\1/4\ 
Section 6.
    T.24N., R.16W. Mt. Diablo Meridian: N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\ 
Section 3; W\1/2\ NW\1/4\, NW\1/4\ SE\1/4\, NE\1/4\ NW\1/4\, S\1/2\ 
SE\1/4\, Section 5; SE\1/4\ NE\1/4\, N\1/2\ NW\1/4\, Section 6; W\1/2\ 
SE\1/4\ Section 7; SE\1/4\ SW\1/4\, W\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 9; S\1/2\ SW\1/4\ Section 10.
    T.24N., R.17W. Mt. Diablo Meridian: Section 1 except S\1/2\ NE\1/4\, 
NW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\; Section 2 except SE\1/4\ SW\1/4\; S\1/
2\ S\1/2\, NE\1/4\ SE\1/4\, S\1/2\ N\1/2\, NE\1/4\ NE\1/4\ Section 3; 
SE\1/4\ SE\1/4\, NW\1/4\ SE\1/4\ Section 4; W\1/2\ NW\1/4\ Section 10; 
NW\1/4\ NE\1/4\, W\1/2\ NW\1/4\ Section 11.
    T.05S., R.05E. Humboldt Meridian: N\1/2\ NW\1/4\ Section 2; N\1/2\ 
N\1/2\, SW\1/4\ NW\1/4\ Section 3; E\1/2\ NE\1/4\ Section 4; SE\1/4\ 
SE\1/4\ Section 7; SW\1/4\ SW\1/4\ Section 8; SW\1/4\ NW\1/4\, N\1/2\ 
SW\1/4\, SE\1/4\ SW\1/4\, NE\1/4\ SE\1/4\, Section 15; NW\1/4\ SW\1/4\ 
Section 17; E\1/2\ E\1/2\ Section 18; NE\1/4\ NE\1/4\, SE\1/4\ SE\1/4\ 
Section 19; NW\1/4\ SW\1/4\ Section 20; W\1/2\ NE\1/4\, SE\1/4\ NW\1/4\, 
NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, SW\1/4\ SE\1/4\ Section 22; NW\1/4\ 
SW\1/4\ Section 23; S\1/2\ NW\1/4\, N\1/2\ SW\1/4\, S\1/2\ SE\1/4\, 
NW\1/4\ SE\1/4\ Section 25; NE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ 
NE\1/4\, SE\1/4\ NE\1/4\ Section 26; W\1/2\ W\1/2\, NE\1/4\ SW\1/4\ 
Section 28; S\1/2\ N\1/2\, E\1/2\ SW\1/4\, N\1/2\ SE\1/4\ Section 29; 
NE\1/4\, NE\1/4\ NW\1/4\ Section 32; NW\1/4\ NE\1/4\, S\1/2\ NE\1/4\, 
NW\1/4\, NE\1/4\ SW\1/4\, SE\1/4\ Section 33; SW\1/4\ NW\1/4\, N\1/2\ 
SW\1/4\, SW\1/4\ SW\1/4\ Section 34; NE\1/4\ NE\1/4\ Section 36.
    T.05S., R.06E. Humboldt Meridian: S\1/2\ NW\1/4\, SW\1/4\ Section 
30; Section 31 except NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\.
    T.04S., R.05E. Humboldt Meridian: SE\1/4\ SW\1/4\ Section 15; NW\1/
4\, W\1/2\ NE\1/4\, NE\1/4\ SW\1/4\ Section 22; SE\1/4\ Section 33; W\1/
2\ W\1/2\, SE\1/4\ SW\1/4\ Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.086

    Map and description of CA-06-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Covelo, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.21N., R.15W. Mt. Diablo Meridian: W\1/2\ NW\1/4\ Section 5; 
Sections 6-7; NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, N\1/2\ 
S\1/2\, SW\1/4\ SW\1/4\ Section 8; W\1/2\ W\1/2\, SE\1/4\ SW\1/4\, S\1/
2\ SE\1/4\ Section 17; Section 18.
    T.21N., R.16W. Mt. Diablo Meridian: Section 1; N\1/2\ NE\1/4\, NE\1/
4\ NW\1/4\, SE\1/4\ SE\1/4\ Section 2; E\1/2\ NE\1/4\ Section 11; 
Section 12 except NW\1/4\ SW\1/4\ and S\1/2\ SW\1/4\; NE\1/4\, NE\1/4\ 
SE\1/4\ Section 13.
    T.22N., R.14W. Mt. Diablo Meridian: NW\1/4\ SW\1/4\, S\1/2\ SW\1/4\ 
Section 6; Section 7; Section 18 except E\1/2\ SE\1/4\; ; SE\1/4\ SE\1/
4\ Section 20;

[[Page 334]]

SW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section 21; E\1/2\ NE\1/4\, W\1/2\ 
NW\1/4\, NE\1/4\ SE\1/4\ Section 28; NE\1/4\, NE\1/4\ NW\1/4\, S\1/2\ 
NW\1/4\, SW\1/4\, NW\1/4\ SE\1/4\ Section 29; S\1/2\ NE\1/4\, N\1/2\ 
NW\1/4\, N\1/2\ SE\1/4\ Section 32.
    T.22N., R.15W. Mt. Diablo Meridian: SW\1/4\ NE\1/4\, S\1/2\ Section 
1; N\1/2\ Section 12; E\1/2\ Section 13; NE\1/4\ SW\1/4\, S\1/2\ SW\1/
4\, W\1/2\ SE\1/4\ Section 19; NW\1/4\ NE\1/4\ Section 24; SW\1/4\ NE\1/
4\, W\1/2\ NW\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 30; SW\1/4\ NE\1/4\, 
NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, S\1/2\ Section 31.
    T.22N., R.16W. Mt. Diablo Meridian: SW\1/4\, SW\1/4\ NW\1/4\, W\1/2\ 
W\1/2\ Section 3; Section 4; Section 5 except S\1/2\ SE\1/4\, NE\1/4\ 
SE\1/4\, SE\1/4\ NE\1/4\; E\1/2\, E\1/2\ W\1/2\, S\1/2\ SW\1/4\, NE\1/4\ 
NW\1/4\ Section 6; E\1/2\ NE\1/4\, N\1/2\ NW\1/4\, SE\1/4\ SW\1/4\, 
SE\1/4\ Section 7; N\1/2\ NE\1/4\, E\1/2\ W\1/2\, S\1/2\ SE\1/4\, SW\1/
4\ SW\1/4\ Section 8; Section 9 except N\1/2\ NW\1/4\ and SE\1/4\ NW\1/
4\; SW\1/4\ NE\1/4\, W\1/2\, NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 10; 
W\1/2\ Section 17; Section 18 except N\1/2\ NW\1/4\, W\1/2\ SW\1/4\; 
S\1/2\ NE\1/4\, NW\1/4\ NE\1/4\ Section 19; NW\1/4\ SW\1/4\ Section 20; 
SE\1/4\ SE\1/4\ Section 21; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 22; 
SE\1/4\ SE\1/4\ Section 23; Section 26; Section 27 except NE\1/4\ NE\1/
4\, W\1/2\ SW\1/4\, S\1/2\ SE\1/4\, SE\1/4\ SW\1/4\; SE\1/4\ Section 34; 
Section 35.
    T.22N., R.17W. Mt. Diablo Meridian: NE\1/4\ NE\1/4\, SW\1/4\ NE\1/
4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\ Section 12; S\1/2\ 
SE\1/4\ Section 13; N\1/2\ NE\1/4\ Section 24.
    T.23N., R.16W. Mt. Diablo Meridian: W\1/2\ NW\1/4\ Section 3; NE\1/
4\ NE\1/4\ Section 4; SE\1/4\ SW\1/4\, E\1/2\ NE\1/4\, NW\1/4\ SE\1/4\ 
Section 5; W\1/2\ W\1/2\ Section 6; Section 7 except NW\1/4\; NE\1/4\ 
NW\1/4\, SW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\ Section 8; W\1/2\ Section 17; 
Section 18 except, N\1/2\ NW\1/4\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\, 
SE\1/4\ SW\1/4\; S\1/2\ SE\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SE\1/4\ Section 
19; S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 20; NW\1/4\ NW\1/4\, S\1/2\ NW\1/4\, SW\1/4\, SW\1/4\ SE\1/4\ 
Section 28; Section 29; Section 30 except NW\1/4\ NW\1/4\; Section 31 
except SW\1/4\ SW\1/4\; Section 32 except SE\1/4\ NE\1/4\, SW\1/4\ SE\1/
4\, E\1/2\ SE\1/4\; Section 33 except NE\1/4\ NE\1/4\, S\1/2\ NW\1/4\; 
S\1/2\ NW\1/4\, N\1/2\ SW\1/4\ Section 34.
    T.23N., R.17W. Mt. Diablo Meridian: Section 1 except S\1/2\ SW\1/4\; 
NE\1/4\ SE\1/4\ Section 2.
    T.24N., R.16W. Mt. Diablo Meridian: SE\1/4\ NE\1/4\, SE\1/4\ NW\1/
4\, NW\1/4\ SW\1/4\, SE\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section 17; W\1/2\ 
SE\1/4\, E\1/2\ SW\1/4\ Section 18; Section 19 except SW\1/4\ SE\1/4\; 
W\1/2\ NE\1/4\, E\1/2\ NW\1/4\ Section 20; S\1/2\ NW\1/4\, SW\1/4\ 
Section 27; Section 28 except N\1/2\ N\1/2\ and SE\1/4\ SW\1/4\; Section 
29 except N\1/2\ NE\1/4\, NW\1/4\ NW\1/4\; Section 30 except N\1/2\ 
NE\1/4\; Section 31; Section 32 except SE\1/4\ NE\1/4\ and E\1/2\ SE\1/
4\; N\1/2\ NE\1/4\, NW\1/4\ NW\1/4\ Section 33; NW\1/4\ Section 34.
    T.24N., R.17W. Mt. Diablo Meridian: NE\1/4\ NE\1/4\ Section 23; 
Section 24 except NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\; E\1/2\, E\1/2\ NW\1/
4\, NW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\ Section 25, N\1/2\ SE \1/4\ Section 
26, Section 36.

    Critical Habitat includes only State lands described within the 
following areas:

    T.21N., R.16W. Mt. Diablo Meridian: SW\1/4\ NE\1/4\, S\1/2\ NW\1/4\ 
Section 26.
    T.23N., R.17W. Mt. Diablo Meridian: N\1/2\ SW\1/4\, S\1/2\ NW\1/4\ 
Section 2; Section 3 except NE\1/4\, S\1/2\ SE\1/4\; E\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ Section 4.
    T.24N., R.17W. Mt. Diablo Meridian: Section 28 except SW\1/4\ SW\1/
4\; NW\1/4\ Section 27; W\1/2\ Section 33; SE\1/4\ SW\1/4\ Section 34.
[GRAPHIC] [TIFF OMITTED] TR24MY96.087

    Map and description of CA-07-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Ukiah, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.17N., R.14W. Mt. Diablo Meridian: W\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ 
Section 6; W\1/2\ NW\1/4\, NW\1/4\ SW\1/4\ Section 7.
    T.17N., R.15W. Mt. Diablo Meridian: W\1/2\, SE\1/4\ Section 2; 
Sections 3-8; Section 9 except SE\1/4\ SE\1/4\ ; Section 10 except S\1/
2\ S\1/2\; Section 11; Section 12 except SW\1/4\ SE\1/4\; N\1/2\ NE\1/4\ 
Section 14; Section 18 except SE\1/4\, W\1/2\ SW\1/4\.
    T.17N., R.16W. Mt. Diablo Meridian: N\1/2\ N\1/2\ Section 1; Section 
3 except W\1/2\ W\1/2\; Sections 4-6; NE\1/4\, SW\1/4\ Section 7; N\1/
2\, N\1/2\ SW\1/4\ Section 8; N\1/2\, N\1/2\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 9; Section 10 except NE\1/4\ NE\1/4\; Section 18 except SE\1/4\ 
SE\1/4\; NW\1/4\, W\1/2\ SW\1/4\ Section 19; W\1/2\ NW\1/4\ Section 30.
    T.17N., R.17W. Mt. Diablo Meridian: Sections 1-3; NE\1/4\, SW\1/4\ 
NW\1/4\, S\1/2\ Section 4; NE\1/4\, N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, 
NE\1/4\ SE\1/4\, S\1/2\ S\1/2\ Section 5; N\1/2\ NE\1/4\ Section 6; 
Section 8 except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\, SW\1/4\ SE\1/4\; 
Sections 9-15; SE\1/4\ NE\1/4\, N\1/2\ NE\1/4\, NE\1/4\ NW\1/4\, S\1/2\ 
Section 16; S\1/2\ Section 17; S\1/2\, S\1/2\ NE\1/4\ Section 18; NW\1/
4\ Section 19; N\1/2\ NE\1/4\ Section 20; Section 21 except SE\1/4\ 
SW\1/4\; Section 22 except E\1/2\ SW\1/4\ ; Section 23 except NW\1/4\ 
SW\1/4\; Section 24; NE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\ Section 26; 
Section 27 except SW\1/4\ NW\1/4\, SE\1/4\ SE\1/4\, N\1/2\ NE\1/4\; 
Section 28 except NE\1/4\ NE\1/4\, SW\1/4\, S\1/2\ SE\1/4\, W\1/2\ NW\1/
4\.
    T.17N., R.18W. Mt. Diablo Meridian: SE\1/4\ SE\1/4\ Section 13.

[[Page 335]]

    T.18N., R.15W. Mt. Diablo Meridian: SW\1/4\ Section 18; Section 19; 
SE\1/4\ NE\1/4\, NE\1/4\ SW\1/4\, S\1/2\ SW\1/4\, SE\1/4\ Section 20; 
Section 21; Section 22 except NE\1/4\; Section 23 except N\1/2\ NW\1/4\; 
W\1/2\ W\1/2\, SE\1/4\ SW\1/4\ Section 24; W\1/2\ Section 25; Section 26 
except E\1/2\ E\1/2\; Sections 27-34; Section 35 except NE\1/4\ SE\1/4\.
    T.18N., R.16W. Mt. Diablo Meridian: S\1/2\ Section 13; SE\1/4\ 
Section 14; SW\1/4\, W\1/2\ SE\1/4\ Section 15; S\1/2\ N\1/2\, NW\1/4\ 
NW\1/4\, S\1/2\ Section 16; Section 17 except NW\1/4\ NW\1/4\; S\1/2\ 
Section 18; Sections 19-33; Section 34 except E\1/2\ SE\1/4\; Section 35 
except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; Section 36.
    T.18N., R.17W. Mt. Diablo Meridian: Section 20 except N\1/2\ N\1/2\, 
SW\1/4\ SW\1/4\; Section 21 except NW\1/4\ NE\1/4\, N\1/2\ NW\1/4\; 
NE\1/4\, NE\1/4\ SE\1/4\, SW\1/4\ SE\1/4\ Section 23; Section 24; 
Section 25 except S\1/2\ S\1/2\, N\1/2\ SE\1/4\ ; Section 26 except 
NW\1/4\ NW\1/4\; Section 27; NE\1/4\ NE\1/4\ Section 28; N\1/2\ NW\1/4\, 
SW\1/4\ NW\1/4\ Section 29; NW\1/4\ SW\1/4\, NE\1/4\ SE\1/4\, S\1/2\ 
S\1/2\ Section 31; S\1/2\ NE\1/4\, S\1/2\ Section 32; S\1/2\ N\1/2\, 
N\1/2\ S\1/2\, SE\1/4\ SE\1/4\ Section 33; Sections 34-36.
    T.18N., R.18W. Mt. Diablo Meridian: SW\1/4\ Section 25; W\1/2\, 
SE\1/4\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.088

    Map and description of CA-07-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Ukiah, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.14N., R.15W. Mt. Diablo Meridian: E\1/2\ SW\1/4\, SW\1/4\ SE\1/4\, 
SE\1/4\ NW\1/4\ Section 11; Section 13 except E\1/2\ E\1/2\, NE\1/4\ 
NW\1/4\, NW\1/4\ NE\1/4\; E\1/2\ E\1/2\, NE\1/4\, NW\1/4\, NW\1/4\ NE\1/
4\ Section 14; NE\1/4\, NE\1/4\ NW\1/4\, N\1/2\ SE\1/4\ Section 24.
[GRAPHIC] [TIFF OMITTED] TR24MY96.089

    Map and description of CA-07-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Point Arena, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.12N., R.13W. Mt. Diablo Meridian: S\1/2\ NW\1/4\, SW\1/4\, N\1/2\ 
SE\1/4\, SW\1/4\ SE\1/4\, S\1/2\ NE\1/4\ Section 8.
[GRAPHIC] [TIFF OMITTED] TR24MY96.090

    Map and description of CA-07-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Ukiah, California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.16N., R.14W. Mt. Diablo Meridian: S\1/2\ S\1/2\ Section 14; E\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\ Section 15; E\1/2\ Section 22; Section 23 
except E\1/2\ NE\1/4\; W\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, NE\1/4\ SW\1/4\ 
Section 25; E\1/2\ NE\1/4\ Section 26.

[[Page 336]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.091

    Map and description of CA-08-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Point Arena, California; 1995.
    Critical Habitat includes only State lands described within areas 
bounded by the following descriptions:
    (a) starting at Station H-34 on the easterly line of the German 
Rancho, South 33 deg. 50' West for 3,200 feet, South 86 deg. 20' West 
for 1,927 feet, North 53 deg. West for 1,372 feet, North 37 deg. West 
for 1,550.5 feet, North 48 deg. East for 1,720 feet, South 86 deg. 45' 
East for 2,203.5 feet, North 55 deg. East for 1,110.1 feet, South 8 deg. 
50' East for 653 feet; and (b) starting at the westernmost point of 
Kruse Rhododendron State Reserve proceeding North 48 deg. East along the 
Kruse Rhododendron State Reserve boundary to the intersection with Kruse 
Ranch Road, west on Kruse Ranch Road to the intersection with State 
Highway 1, north on State Highway 1 to Cannon Gulch, northeast along 
Cannon Gulch to the Rancho de German Spanish Land Grant boundary, 
northwest along the Rancho de German Spanish Land Grant boundary to the 
western edge of Range 13 West, South 29 deg. 30'' from this point to 
Mean High Water (MHW), southwest along the shoreline at MHW to the south 
boundary of the Rancho de German Spanish Land Grant, east along the 
Spanish Land Grant boundary to the southeast corner of the land grant, 
north on the eastern boundary of the land grant to the eastern corner of 
the Kruse Rhododendron State Reserve, south along the Kruse Rhododendron 
State Reserve boundary to the westernmost point of the reserve.
    Critical Habitat includes only State lands described within the 
following areas:

    T.09N., R.13W. Mt. Diablo Meridian: SW\1/4\, SW\1/4\ NW\1/4\, SW\1/
4\ SE\1/4\ Section 18; NW\1/4\ Section 19.
[GRAPHIC] [TIFF OMITTED] TR24MY96.092

    Map and description of CA-08-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Point Arena and Healdsburg, California; 
1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.08N., R.10W. Mt. Diablo Meridian: NW\1/4\, S\1/2\ SW\1/4\ Section 
5; Section 6 except N\1/2\ SE\1/4\; Section 7 except W\1/2\ W\1/2\; W\1/
2\ W\1/2\ Section 8; W\1/2\ W\1/2\ Section 17; Section 18 except W\1/2\ 
SW\1/4\.
    T.08N., R.11W. Mt. Diablo Meridian: Section 1 except N\1/2\ NE\1/4\; 
Section 2 except SW\1/4\ SE\1/4\; Section 3 except S\1/2\ NW\1/4\, SW\1/
4\ NE\1/4\; NE\1/4\, N\1/2\ SE\1/4\, E\1/2\ NW\1/4\, NE\1/4\ SW\1/4\ 
Section 10; NW\1/4\, N\1/2\ SW\1/4\ Section 11; N\1/2\ NE\1/4\, SW\1/4\ 
NE\1/4\ Section 13; NW\1/4\ NW\1/4\ Section 15.
    T.09N., R.11W. Mt. Diablo Meridian: SW\1/4\ SW\1/4\ Section 27; 
SE\1/4\ SE\1/4\ Section 28; E\1/2\ E\1/2\ Section 33; Section 34; SW\1/
4\, S\1/2\ SE\1/4\ Section 35.
    T.09N., R.10W. Mt. Diablo Meridian: SW\1/4\, S\1/2\ SE\1/4\ Section 
31; SW\1/4\ Section 32.

[[Page 337]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.093

    Map and description of CA-09-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Napa, California; 1995.
    Critical Habitat includes only State lands bounded by the following 
descriptions:
    (a) on the west by Point Reyes National Seashore, on the east by the 
shoreline of Tomales Bay at Mean High Water (MHW), on the south by a 
line beginning at the intersection of Pierce Point Road with Sir Francis 
Drake Highway proceeding North 75 deg. 07' 03" East for 4,734.31 feet to 
the shoreline of Tomales Bay at MHW; (b) on the east and north by Sir 
Francis Highway, on the west by Point Reyes National Seashore, on the 
south by the southern boundary of the Punta De Los Reyes (Randall) 
Spanish Land Grant; (c) State lands within the Nicasio (Halleck) Spanish 
Land Grant west of State Highway 1 and east of the shoreline of Tomales 
Bay at MHW; and (d) State lands within the Nicasio (Frink and Reynolds) 
Spanish Land Grant.
[GRAPHIC] [TIFF OMITTED] TR24MY96.094

    Map and description of CA-09-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Napa and San Francisco, California; 
1995.
    Critical Habitat includes only State lands bounded by the following 
descriptions: (a) portions of Ranchos Nicasio, San Geronimo, and Tomales 
Y Baulines Spanish Land Grants bounded on the north, west, and south by 
Golden Gate National Recreation Area and on the east by a line 122 deg. 
41'33" West; and (b) portions of Ranchos Tomales Y Bolinas, Las 
Baulines, and Sausalito Spanish Land Grants bounded by a line starting 
at the intersection of the Rancho Las Baulines Spanish Land Grant 
boundary line with McKinnan Gulch, west along McKinnan Gulch to the 
Pacific Ocean, south east along the Pacific Ocean at Mean High Water 
(MHW) to the intersection with Cold Stream, east along Cold Stream to 
the intersection with State Highway 1, south on State Highway 1 to the 
intersection with the south end of the Panoramic Highway, following the 
Panoramic Highway to the intersection with Rattlesnake Creek, north 
along Rattlesnake Creek to the intersection with the Rancho Sausalito 
Spanish Land Grant line, southwest along the Spanish Land Grant boundary 
to the intersection with the Rancho Las Baulines Spanish Land Grant 
line, north along the Rancho Las Baulines Spanish Land Grant boundary to 
the intersection with McKinnan Gulch.
[GRAPHIC] [TIFF OMITTED] TR24MY96.095

    Map and description of CA-10-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Grants Pass, Oregon; Happy Camp, 
California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.17N., R.07E. Humboldt Meridian: Section 1; Section 2 except NW\1/
4\ SW\1/4\, S\1/2\ SW\1/4\; N\1/2\ Section 3; NE\1/4\ NE\1/4\ Section 4; 
NE\1/4\ SW\1/4\,

[[Page 338]]

E\1/2\ Section 11; N\1/2\ N\1/2\, SW\1/4\ NW\1/4\, W\1/2\ SW\1/4\ 
Section 12; NW\1/4\, NW\1/4\ SW\1/4\ Section 13; NE\1/4\, N\1/2\ SE\1/4\ 
Section 14.
    T.17N., R.08E. Humboldt Meridian: Section 6 except E\1/2\ E\1/2\, 
SW\1/4\ SE\1/4\.
    T.18N., R.07E. Humboldt Meridian: Section 30 except NW\1/4\; NE\1/
4\, N\1/2\ NW\1/4\, Section 31; N\1/2\, NW\1/4\ SW\1/4\ Section 32; 
Section 36.
    T.18N., R.08E. Humboldt Meridian: Section 31 except SE\1/4\ SE\1/4\.
    T.41S., R.06W. Willamette Meridian: Section 4 except N\1/2\ NE\1/4\; 
Section 5 except N\1/2\ NW\1/4\, NW\1/4\ NE\1/4\; SE\1/4\, S\1/2\ SW\1/
4\ Section 6; Sections 7-8; Section 9 except N\1/2\ SW\1/4\, SE\1/4\ 
SE\1/4\; NW\1/4\ SW\1/4\, W\1/2\ NW\1/4\ Section 10; S\1/2\, NW\1/4\ 
Section 16; Sections 17-18.
    T.41S., R.07W. Willamette Meridian: Section 10 except W\1/2\ NW\1/
4\, NE\1/4\ NE\1/4\, NW\1/4\ SW\1/4\; Section 11 except NW\1/4\; Section 
12 except NE\1/4\ NW\1/4\, W\1/2\ NE\1/4\; Sections 13-15.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.18N., R.07E. Humboldt Meridian: Section 1-4; E\1/2\ Section 5; 
NE\1/4\, E\1/2\ SE\1/4\ Section 8; Sections 9-16; E\1/2\ Section 17; 
SE\1/4\ SE\1/4\ Section 19; E\1/2\, S\1/2\ SW\1/4\ Section 20; Sections 
21-29; E\1/2\, N\1/2\ NW\1/4\ Section 33; Sections 34-35.
    T.18N., R.08E. Humboldt Meridian: SW\1/4\, W\1/2\ NW\1/4\, S\1/2\ 
SE\1/4\ Section 6; Section 7; Section 8 except N\1/2\ NE\1/4\, N\1/2\ 
NW\1/4\; W\1/2\ SW\1/4\ Section 9; W\1/2\, S\1/2\ SE\1/4\ Section 16; 
Sections 17-21; Section 28; Section 29 except SW\1/4\ SE\1/4\; Section 
30; NW\1/4\ NW\1/4\ Section 32; N\1/2\ NW\1/4\, E\1/2\ Section 33.
    T.19N., R.07E. Humboldt Meridian: E\1/2\ Section 32; Sections 33-36.
    [GRAPHIC] [TIFF OMITTED] TR24MY96.096
    
    Map and description of CA-11-a taken from United States Fish and 
Wildlife Service 1:100,000 map; Hoopa and Hayfork, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.07N., R.03E. Humboldt Meridian: E\1/2\ SE\1/4\, W\1/2\ SW\1/4\, 
SE\1/4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 1; E\1/2\ NE\1/4\, N\1/2\ NW\1/
4\, SE\1/4\ Section 2; N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\ Section 3; SW\1/
4\ SE\1/4\ Section 4; SE\1/4\ NE\1/4\ Section 5; NE\1/4\ NE\1/4\ Section 
8; W\1/2\ NW\1/4\, NE\1/4\ NW\1/4\, NW\1/4\ NE\1/4\, SE\1/4\ NE\1/4\ 
Section 9; SE\1/4\ NW\1/4\ Section 10; E\1/2\ E\1/2\, NW\1/4\ NE\1/4\, 
SW\1/4\ SE\1/4\ Section 11; W\1/2\ W\1/2\, E\1/2\ E\1/2\, SW\1/4\ SE\1/
4\ Section 12; W\1/2\ SW\1/4\ Section 13; E\1/2\ W\1/2\, W\1/2\ E\1/2\, 
NE\1/4\ NE\1/4\, SE\1/4\ SE\1/4\ Section 14; W\1/2\ NW\1/4\ Section 24.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.08N., R.03E. Humboldt Meridian: SE\1/4\, S\1/2\ NE\1/4\, SE\1/4\ 
NW\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\ Section 22; SW\1/4\, SW\1/4\ 
NW\1/4\, E\1/2\ SE\1/4\ Section 23; W\1/2\, E\1/2\ SE\1/4\ Section 26; 
NE\1/4\ NW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\ Section 27; NW\1/4\ 
SW\1/4\ Section 33; SE\1/4\ NE\1/4\, SE\1/4\ SE\1/4\, Section 34; 
Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.097

    Map and description of CA-11-b taken from United States Fish and 
Wildlife Service 1:100,000 map; Hayfork, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.03N., R.02E. Humboldt Meridian: SE\1/4\ NE\1/4\, SW\1/4\ NW\1/4\, 
N\1/2\ N\1/2\ Section 1; NE\1/4\, E\1/2\ NW\1/4\, N\1/2\ SE\1/4\ Section 
2.
    T.03N., R.03E. Humboldt Meridian: N\1/2\ NE\1/4\, SE\1/4\ NW\1/4\, 
NE\1/4\ SW\1/4\, W\1/2\ SE\1/4\, Section 6.
    T.03N., R.04E. Humboldt Meridian: W\1/2\ NE\1/4\, NW\1/4\ Section 1; 
Section 2 except SE\1/4\ SE\1/4\; E\1/2\ NE\1/4\, SE\1/4\ SW\1/4\, SE\1/
4\ Section 3;

[[Page 339]]

W\1/2\ NE\1/4\, NW\1/4\ Section 5; E\1/2\ NE\1/4\ Section 6.
    T.03N., R.05E. Humboldt Meridian: NE\1/4\, N\1/2\ SE\1/4\ Section 6; 
SW\1/4\ NW\1/4\, N\1/2\ SW\1/4\, SW\1/4\ SW\1/4\ Section 7; NW\1/4\ 
NW\1/4\ Section 18.
    T.04N., R.02E. Humboldt Meridian: S\1/2\ SE\1/4\ Section 25.
    T.04N., R.03E. Humboldt Meridian: S\1/2\ NW\1/4\, NW\1/4\ SE\1/4\, 
SE\1/4\ SE\1/4\ Section 31.
    T.04N., R.04E. Humboldt Meridian: NE\1/4\ Section 1; E\1/2\ E\1/2\ 
Section 12; S\1/2\ Section 25; SE\1/4\ NW\1/4\, NW\1/4\ SW\1/4\, SE\1/4\ 
Section 26; S\1/2\ NE\1/4\, NW\1/4\, N\1/2\ SE\1/4\ Section 27; N\1/2\, 
S\1/2\ S\1/2\, NE\1/4\ SW\1/4\, NE\1/4\ SE\1/4\ Section 28; SW\1/4\ 
NW\1/4\ Section 29; S\1/2\ NE\1/4\, SW\1/4\, W\1/2\ SE\1/4\ Section 30; 
W\1/2\ NE\1/4\, NW\1/4\, N\1/2\ SE\1/4\, NW\1/4\ SW\1/4\ Section 31; 
SE\1/4\ NW\1/4\, SW\1/4\ Section 32; N\1/2\ N\1/2\, SE\1/4\ NE\1/4\, 
SE\1/4\ NW\1/4\, NE\1/4\ SE\1/4\ Section 33; Section 34 except N\1/2\ 
NE\1/4\, S\1/2\ SW\1/4\; Section 35 except N\1/2\ N\1/2\.
    T.04N., R.05E. Humboldt Meridian: Sections 1-7; S\1/2\ S\1/2\ 
Section 8; Sections 9-12; Section 13 except E\1/2\ NE\1/4\, E\1/2\ SE\1/
4\; Section 14; Section 15 except W\1/2\ NW\1/4\ and SW\1/4\; NE\1/4\ 
NW\1/4\, NW\1/4\ NE\1/4\ Section 16; NW\1/4\ SW\1/4\ Section 17; N\1/2\, 
N\1/2\ SE\1/4\ Section 18; Section 19 except W\1/2\ W\1/2\; Section 20; 
NE\1/4\ NW\1/4\, SW\1/4\ Section 21; NE\1/4\, N\1/2\ SE\1/4\, E\1/2\ 
NW\1/4\ Section 22; Section 23; Section 24 except SE\1/4\ SE\1/4\; N\1/
2\ NW\1/4\ Section 25; NW\1/4\ NE\1/4\, NW\1/4\, NW\1/4\ SW\1/4\ Section 
26; NW\1/4\ NW\1/4\ Section 28; Section 29 except S\1/2\ NE\1/4\, N\1/2\ 
SE\1/4\, SE\1/4\ SE\1/4\; Section 30; Section 31 except SW\1/4\ SW\1/4\; 
NW\1/4\, W\1/2\ SW\1/4\ Section 32.
    T.04N., R.06E. Humboldt Meridian: W\1/2\ W\1/2\ Section 6; W\1/2\ 
Section 7.
    T.05N., R.04E. Humboldt Meridian: Sections 1-3; E\1/2\ NE\1/4\ 
Section 4; NE\1/4\, N\1/2\ NW\1/4\, E\1/2\ E\1/2\ Section 10; Sections 
11-13; Section 14 except SW\1/4\, SW\1/4\ NW\1/4\; Section 23 except 
W\1/2\ SW\1/4\, W\1/2\ SE\1/4\; Section 24; N\1/2\ NW\1/4\, S\1/2\ SE\1/
4\ Section 25; E\1/2\ NW\1/4\ Section 26.
    T.05N., R.05E. Humboldt Meridian: Section 4 except E\1/2\; Sections 
5-8; Section 9 except E\1/2\; Section 16 except E\1/2\ E\1/2\; Sections 
17-20; Section 21 except E\1/2\ NE\1/4\; W\1/2\ SW\1/4\ Section 22; W\1/
2\ SW\1/4\ Section 25; S\1/2\ Section 26; Section 27 except NE\1/4\, 
N\1/2\ SE\1/4\; Sections 28-35; W\1/2\ W\1/2\, S\1/2\ S\1/2\ Section 36.
    T.06N., R.04E. Humboldt Meridian: Sections 13-15; Sections 21-27; 
Section 28 except SW\1/4\ NW\1/4\, NW\1/4\ SW\1/4\; Section 33 except 
W\1/2\ NW\1/4\, SW\1/4\; Sections 34-35.
    T.06N., R.05E. Humboldt Meridian: W\1/2\, W\1/2\ SE\1/4\ Section 18; 
Section 19 except E\1/2\ NE\1/4\; SW\1/4\ SW\1/4\ Section 29; Sections 
30-31; Section 32 except NE\1/4\, NE\1/4\ SE\1/4\, NE\1/4\ NW\1/4\.
[GRAPHIC] [TIFF OMITTED] TR24MY96.098

    Map and description of CA-11-c taken from United States Fish and 
Wildlife Service 1:100,000 map; Garberville, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.02S., R.04E. Humboldt Meridian: E\1/2\ NE\1/4\, SW\1/4\, N\1/2\ 
SE\1/4\, SW\1/4\ SE\1/4\ Section 10; SW\1/4\ NW\1/4\ Section 11; SE\1/4\ 
NE\1/4\ Section 15.
    T.01S., R.04E. Humboldt Meridian: SW\1/4\ NW\1/4\, SW\1/4\ SW\1/4\ 
Section 1; Section 2 except NE\1/4\ NE\1/4\ and S\1/2\ SW\1/4\; NW\1/4\ 
NE\1/4\ Section 3; SE\1/4\ NW\1/4\ Section 30.
    T.01N., R.04E. Humboldt Meridian: S\1/2\ SE\1/4\ Section 17; E\1/2\, 
E\1/2\ SW\1/4\ Section 20; SW\1/4\ NE\1/4\, SW\1/4\ NW\1/4\, SW\1/4\, 
NW\1/4\ SE\1/4\, S\1/2\ SE\1/4\ Section 21; S\1/2\ SW\1/4\ Section 22; 
SW\1/4\ NW\1/4\ Section 23; NW\1/4\ NW\1/4\ Section 27; S\1/2\ NE\1/4\, 
SE\1/4\ NW\1/4\, E\1/2\ SW\1/4\, SE\1/4\ Section 34; S\1/2\ NW\1/4\, 
SW\1/4\, SW\1/4\ SE\1/4\ Section 35.
[GRAPHIC] [TIFF OMITTED] TR24MY96.099


[[Page 340]]


    Map and description of CA-11-d taken from United States Fish and 
Wildlife Service 1:100,000 map; Hoopa and Hayfork, California; 1995.
    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.07N., R.05E. Humboldt Meridian: N\1/2\ NE\1/4\ Section 8; NE\1/4\, 
E\1/2\ SE\1/4\, NE\1/4\ NW\1/4\ Section 9; Section 24 except W\1/2\ W\1/
2\; NW\1/4\, NE\1/4\ SE\1/4\ Section 25 ; SW\1/4\ NW\1/4\, W\1/2\ SW\1/
4\, NW\1/4\, NE\1/4\ SE\1/4\ Section 34.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only Federal lands designated as Late 
Successional Reserves described within the following areas:

    T.06N., R.06E. Humboldt Meridian: W\1/2\ W\1/2\ Section 1; Sections 
2-3; Section 4 except W\1/2\ SW\1/4\, SE\1/4\ SW\1/4\; NE\1/4\ NE\1/4\ 
Section 9; SE\1/4\, N\1/2\, SE\1/4\ NE\1/4\ Section 10; Section 11 
except E\1/2\ E\1/2\, S\1/2\ SE\1/4\; NW\1/4\ NE\1/4\, SW\1/4\ SW\1/4\, 
N\1/2\ SW\1/4\, NW\1/4\ Section 14; NE\1/4\ NE\1/4\, E\1/2\ SE\1/4\ 
Section 15.
    T.07N., R.05E. Humboldt Meridian: Sections 1-3; Section 4 except 
NW\1/4\ NW\1/4\; E\1/2\, Section 5; Sections 10-13; N\1/2\ N\1/2\, SE\1/
4\ NE\1/4\ Section 14.
    T.07N., R.06E. Humboldt Meridian: W\1/2\ NE\1/4\, N\1/2\ SW\1/4\ 
NW\1/4\, NW\1/4\ SE\1/4\ Section 2; Section 3 except S\1/2\ SE\1/4\, 
SE\1/4\ SW\1/4\; Sections 4-8; NW\1/4\, S\1/2\ Section 9; SW\1/4\, NW\1/
4\ SE\1/4\, S\1/2\ SE\1/4\ Section 10; SW\1/4\ SW\1/4\ Section 11; SE\1/
4\ SE\1/4\ Section 12; Section 13 except NW\1/4\ NW\1/4\; Sections 14-
23; Section 24 except SE\1/4\ SE\1/4\; Section 25 except SE\1/4\ SE\1/
4\; Sections 26-30; E\1/2\ E\1/2\, NW\1/4\ NE\1/4\ Section 31; Section 
32 except SE\1/4\ SW\1/4\; Sections 33-35; W\1/2\ SW\1/4\, NW\1/4\ 
Section 36.
    T.07N., R.07E. Humboldt Meridian: SW\1/4\ SE\1/4\, SW\1/4\ Section 
6; SW\1/4\, NW\1/4\, W\1/2\ NE\1/4\ Section 7.
    T.08N., R.05E. Humboldt Meridian: E\1/2\, E\1/2\ NW\1/4\, NE\1/4\ 
SW\1/4\ Section 1; E\1/2\ E\1/2\, E\1/2\ NW\1/4\ Section 12; NE\1/4\ 
NE\1/4\ Section 13; SE\1/4\ SE\1/4\ Section 25; SE\1/4\ SE\1/4\ Section 
33; SE\1/4\ NE\1/4\, S\1/2\ Section 34; S\1/2\, S\1/2\ N\1/2\ Section 
35; Section 36 except NW\1/4\ NW\1/4\.
    T.08N., R.06E. Humboldt Meridian: W\1/2\ W\1/2\ Section 4; Sections 
5-8; W\1/2\ W\1/2\ Section 9; S\1/2\ SW\1/4\, SW\1/4\ SE\1/4\ Section 
14; SW\1/4\, S\1/2\ SE\1/4\ Section 15; S\1/2\ Section 16; Sections 17-
18; Section 19 except W\1/2\ W\1/2\; Sections 20-22; W\1/2\, W\1/2\ 
NE\1/4\, NW\1/4\ SE\1/4\ Section 23; Sections 27-29; Section 30 except 
W\1/2\ NW\1/4\; Sections 31-34; W\1/2\ SE\1/4\, SE\1/4\ NW\1/4\, SW\1/4\ 
Section 35.
    T.09N., R.05E. Humboldt Meridian: Section 12; Section 13; E\1/2\ 
SE\1/4\, SE\1/4\ NE\1/4\ Section 14; E\1/2\ E\1/2\, W\1/2\ NE\1/4\, 
Sections 23-25; E\1/2\ NE\1/4\ Section 26; Section 36 except SW\1/4\ 
SW\1/4\.
    T.09N., R.06E. Humboldt Meridian: N\1/2\ SW\1/4\ Section 1; Section 
2 except SE\1/4\ SE\1/4\; Section 3 except N\1/2\ NW\1/4\; N\1/2\ 
Section 4; SE\1/4\, E\1/2\ SW\1/4\ Section 5; SE\1/4\, SE\1/4\ NE\1/4\, 
E\1/2\ SW\1/4\ Section 7; Sections 8-9; N\1/2\ NE\1/4\, SW\1/4\ NE\1/4\, 
W\1/2\ SE\1/4\, W\1/2\ Section 10; Section 16 except SE\1/4\; Sections 
17-20; W\1/2\ E\1/2\, W\1/2\ Section 21; NW\1/4\, W\1/2\ SW\1/4\ Section 
28; Sections 29-32; W\1/2\ W\1/2\ Section 33.
    T.10N., R.06E. Humboldt Meridian: S\1/2\ S\1/2\, NE\1/4\ SW\1/4\, 
NW\1/4\ SE\1/4\ Section 35; S\1/2\ S\1/2\ Section 36.
[GRAPHIC] [TIFF OMITTED] TR24MY96.100

    Map and description of CA-12 taken from United States Fish and 
Wildlife Service 1:100,000 map; California; 1995.
    Critical Habitat includes only City lands described within the 
following areas:

    T.04S., R.05W. Mount Diablo Meridian: N\1/2\ SE\1/4\ Section 32; 
S\1/2\ NW\1/4\, SE\1/4\, SW\1/4\ NE\1/4\, N\1/2\ SW\1/4\, SE\1/4\ SW\1/
4\ Section 33; SW\1/4\ SW\1/4\ Section 34.
    T.05S., R.05W. Mount Diablo Meridian: NW\1/4\, NW\1/4\ SW\1/4\ 
Section 3; SE\1/4\ NE\1/4\, N\1/2\ N\1/2\, NE\1/4\ SE\1/4\ Section 4.
[GRAPHIC] [TIFF OMITTED] TR24MY96.101


[[Page 341]]


    Map and description of CA-13 taken from United States Fish and 
Wildlife Service 1:100,000 map; California; 1995.
    Critical Habitat includes only County lands bounded by the following 
description within Spanish Land Grant Canada de Raymundo:
    Starting at the intersection of West Union Creek with the San 
Francisco State Fish and Game Refuge boundary, west along the San 
Francisco State Fish and Game Refuge boundary to the intersection with 
State Highway 35, southeast on State Highway 35 to the intersection with 
the San Francisco State Fish and Game Refuge boundary, southeast along 
the San Francisco State Fish and Game Refuge boundary to Woodside City 
boundary, northeast along Woodside City boundary to the intersection 
with Greer Road, northwest on Greer Road to the intersection with West 
Union Creek, north along West Union Creek to the intersection with the 
San Francisco State Fish and Game Refuge boundary.
[GRAPHIC] [TIFF OMITTED] TR24MY96.102

    Map and description of CA-14-a taken from United States Fish and 
Wildlife Service 1:100,000 map; California; 1995.
    Critical Habitat includes only County lands described within the 
following areas:

    T.07S., R.03W. Mount Diablo Meridian: S\1/2\, SE\1/4\ NE\1/4\ 
Section 31; W\1/2\ SW\1/4\, SW\1/4\ NW\1/4\ Section 32.
    T.07S., R.04W. Mount Diablo Meridian: S\1/2\ NE\1/4\, SE\1/4\ 
Section 22; S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\ Section 23; SW\1/4\, W\1/2\ 
SE\1/4\, S\1/2\ NW\1/4\, SW\1/4\ NE\1/4\ Section 25; Section 26 except 
SW\1/4\, NE\1/4\ NE\1/4\, S\1/2\ SE\1/4\, W\1/2\ NW\1/4\; E\1/2\, SE\1/
4\ NW\1/4\ Section 33; S\1/2\, SW\1/4\ NW\1/4\ Section 34; Section 35 
except N\1/2\ N\1/2\; Section 36 except E\1/2\ NE\1/4\.
    T.08S., R.03W. Mount Diablo Meridian: Sections 6-7; S\1/2\ S\1/2\ 
Section 8; SW\1/4\ SW\1/4\ Section 9; NW\1/4\ Section 16; N\1/2\ N\1/2\, 
SW\1/4\ NW\1/4\ Section 17; N\1/2\, N\1/2\ SE\1/4\ Section 18.
    T.08S., R.04W. Mount Diablo Meridian: Sections 1-2; SE\1/4\ Section 
3; NE\1/4\ NE\1/4\, N\1/2\ NW\1/4\ Section 10; NE\1/4\, N\1/2\ NW\1/4\ 
Section 11; Section 12 except SW\1/4\ SW\1/4\.

    Critical Habitat includes only Private lands described within the 
following areas:

    T.07S., R.04W. Mount Diablo Meridian: N\1/2\ NE\1/4\ Section 35.
    T.08S., R.04W. Mount Diablo Meridian: S\1/2\ Section 4; SE\1/4\ 
Section 5; Sections 7-8; N\1/2\ Section 9; Section 16-18; Section 20 
except NW\1/4\, SE\1/4\ SE\1/4\; NW\1/4\ Section 21.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only State lands described within the 
following areas:

    T.07S., R03W. Mount Diablo Meridian: W\1/2\ SE\1/4\, SW\1/4\, SE\1/
4\ NW\1/4\, SW\1/4\ NE\1/4\ Section 33.
    T.08S., R03W. Mount Diablo Meridian: N\1/2\ SW\1/4\ Section 2; S\1/
2\ Section 3; E\1/2\ Section 4; S\1/2\ NW\1/4\, NW\1/4\ NW\1/4\, SW\1/
4\, W\1/2\ SE\1/4\ Section 5; Section 8 except SW\1/4\ SW\1/4\; Section 
9 except S\1/2\ SE\1/4\, NE\1/4\ SE\1/4\, SE\1/4\ NE\1/4\; NW\1/4\ 
Section 10.
    T.08S., R04W. Mount Diablo Meridian: Section 19; S\1/2\ SE\1/4\ 
Section 20; Section 21 except NW\1/4\; Section 22 except SE\1/4\, E\1/2\ 
SW\1/4\; Section 23 except S\1/2\ S\1/2\; W\1/2\ SW\1/4\ Section 24; 
NW\1/4\, NW\1/4\ NE\1/4\ Section 28; Sections 29-30; N\1/2\ Section 32.

    Critical Habitat includes only State lands within Rancho Punta del 
Ano Nuevo Spanish Land Grant bounded by the following description:
    Starting at the intersection of Butano Park Road with Cloverdale 
Road, south along Cloverdale Road to the intersection with Gazos Creek 
Road, east along Gazos Creek Road to the intersection with Punta del Ano 
Nuevo Spanish Land Grant boundary, north along the Punta del Ano Nuevo 
Spanish Land Grant boundary to the intersection with Butano Park Road, 
west along Butano Park Road to the intersection of Butano Park Road with 
Cloverdale Road.

[[Page 342]]

[GRAPHIC] [TIFF OMITTED] TR24MY96.103

    Map and description of CA-14-b taken from United States Fish and 
Wildlife Service 1:100,000 map; California; 1995.

     Description of Lands Using Protracted Public Land Survey Lines

    Critical Habitat includes only State lands described within the 
following areas:

    T.08S., R.03W. Mount Diablo Meridian: SE\1/4\ SW\1/4\, S\1/2\ SE\1/
4\ Section 19; S\1/2\ SW\1/4\ Section 20; NE\1/4\ NE\1/4\, SW\1/4\ SE\1/
4\ Section 26, Section 29 ; Section 30 except NW\1/4\ NW\1/4\; Sections 
31-33.
    T.08S., R.04W. Mount Diablo Meridian: SE\1/4\, S\1/2\ SW\1/4\ 
Section 25; S\1/2\ Section 35; Section 36.
    T.09S., R.03W. Mount Diablo Meridian: NW\1/4\ Section 3; Sections 4-
8; SE\1/4\ NW\1/4\, SW\1/4\, N\1/2\ NE\1/4\, SE\1/4\ NE\1/4\, N\1/2\ 
SE\1/4\, SE\1/4\ SE\1/4\ Section 9; S\1/2\ SW\1/4\, NW\1/4\ SW\1/4\, 
Section 10; NW\1/4\ Section 15; NE\1/4\, N\1/2\ SE\1/4\ Section 16; W\1/
2\ NW\1/4\ Section 17; Section 18; N\1/2\ NW\1/4\, SE\1/4\ NW\1/4\, N\1/
2\ SW\1/4\ Section 19; S\1/2\ NE\1/4\, NW\1/4\ SE\1/4\, SE\1/4\ SE\1/4\ 
Section 30; S\1/2\ N\1/2\, NE\1/4\ NE\1/4\ Section 31.
    T.09S., R.04W. Mount Diablo Meridian: Sections 1-2; Section 3 except 
N\1/2\ NW\1/4\, E\1/2\ SW\1/4\; NW\1/4\ NE\1/4\, SE\1/4\ NE\1/4\ Section 
4; SE\1/4\, S\1/2\ SW\1/4\, NE\1/4\ SW\1/4\, S\1/2\ NE\1/4\ Section 9; 
Section 10 except NW\1/4\; Sections 11-12; Section 13 except SW\1/4\ 
SE\1/4\; Section 14; Section 15 except SE\1/4\ SE\1/4\; Section 16; 
NE\1/4\ NE\1/4\ Section 21; Section 22 except SW\1/4\ SE\1/4\, SE\1/4\ 
SW\1/4\; Section 23; Section 24; N\1/2\ NW\1/4\, SE\1/4\ SE\1/4\, SE\1/
4\ SW\1/4\ Section 25; W\1/2\, W\1/2\ E\1/2\ Section 26; Section 27 
except NW\1/4\ NW\1/4\; Section 34; NE\1/4\ NW\1/4\, W\1/2\ W\1/2\ SE\1/
4\ SW\1/4\ Section 35.
    T.10S., R.04W. Mount Diablo Meridian: Sections 2-3.

    Critical Habitat includes only Private lands described within the 
following areas:

    T.09S., R.04W. Mount Diablo Meridian: Section 16; Section 21 except 
S\1/2\, E\1/2\ NE\1/4\.

    Critical Habitat includes only State lands bounded by the following 
description within Spanish Land Grant Punta de Ano Nuevo:
    Starting at the intersection of the Spanish Land Grant boundary with 
Green Oaks Creek, north along the Spanish Land Grant boundary to the 
intersection with Gazos Creek, west along Gazos Creek to the 
intersection with State Highway 1, south on State Highway 1 to the 
intersection with Green Oaks Creek, and east along Green Oaks Creek to 
the Spanish Land Grant boundary.
[GRAPHIC] [TIFF OMITTED] TR24MY96.104

    Map and description of CA-14-c taken from United States Fish and 
Wildlife Service 1:100,000 map; California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:
    T.08S., R.02W. Mount Diablo Meridian: SW\1/4\, S\1/2\ SE\1/4\ 
Section 17; S\1/2\ Section 18; Section 19 except S\1/2\ SW\1/4\, NW\1/4\ 
SW\1/4\; Section 20 except SE\1/4\ SE\1/4\; N\1/2\ Section 29.
[GRAPHIC] [TIFF OMITTED] TR24MY96.105


[[Page 343]]


    Map and description of CA-15 taken from United States Fish and 
Wildlife Service 1:100,000 map; California; 1995.
    Critical Habitat includes only State lands described within the 
following areas:

    T.10S., R.02W. Mount Diablo Meridian: S\1/2\ S\1/2\, NW\1/4\ SW\1/4\ 
Section 6; Section 7 except S\1/2\ SW\1/4\, ; SW\1/4\, S\1/2\ NW\1/4\, 
SW\1/4\ SE\1/4\, NW\1/4\ NW\1/4\ Section 8; SW\1/4\, S\1/2\ NW\1/4\, 
NW\1/4\ NW\1/4\, S\1/2\ SE\1/4\, NW\1/4\ SE\1/4\ Section 16; Section 17 
except SW\1/4\ SW\1/4\; SE\1/4\ NE\1/4\, NE\1/4\ SE\1/4\ Section 18; 
N\1/2\ NW\1/4\ Section 20; NE\1/4\, E\1/2\ NW\1/4\ Section 21.

    Critical Habitat includes only State lands within the following 
area:
    Spanish Land Grant Canada del Rincon en el Rio de San Lorenzo de 
Santa Cruz west of Graham Hill Road.
    Critical Habitat includes only State lands bounded by the following 
description within Spanish Land Grant Rancho Refugio:
    Starting at the intersection of State Highway 1 with the western 
boundary of the Rancho Refugio Spanish Land Grant, proceeding east on 
State Highway 1 to its intersection with Moore Creek, north along Moore 
Creek to the intersection with Empire Grade Road, northwest on Empire 
Grade Road to the intersection with the eastern boundary of the Rancho 
Refugio Spanish Land Grant, west and then southwest along the Rancho 
Refugio Spanish Land Grant boundary to the intersection with State 
Highway 1.
[GRAPHIC] [TIFF OMITTED] TR24MY96.106

            Northern Spotted Owl (Strix occidentalis caurina)

    For the States of California, Oregon, and Washington, critical 
habitat units under Federal jurisdiction are depicted on maps maintained 
on file at the U.S. Fish and Wildlife Service, Fish and Wildlife 
Enhancement, 911 Northeast 11th Avenue, Portland, Oregon 97232-4181 
(503/231-6131). Copies of these maps are available upon request at the 
requester's expense.

[[Page 344]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.035


[[Page 345]]


[GRAPHIC] [TIFF OMITTED] TC01JN91.036


[[Page 346]]


[GRAPHIC] [TIFF OMITTED] TC01JN91.037

    Primary constituent elements: forested lands that are used or 
potentially used by the northern spotted owl for nesting, roosting, 
foraging, or dispersing.

[[Page 347]]

                     Palila (Psittirostra bailleui)

    Hawaii. An area of land, water, and airspace on the island of 
Hawaii, Hawaii County, with the following components: (1) The State of 
Hawaii Mauna Kea Forest Reserve, except (a) that portion above the 
10,000 foot contour line, (b) that portion south of the Saddle Road 
(State Highway 20), (c) lands owned by the United States in the 
Pohakuloa Training Area north of the Saddle Road (State Highway 20) 
established by Executive Order 1719 (Parcel 6, State of Hawaii Tax Map 
Key 4-4-16, Third Division). (d) that portion (Parcel 10, Kaohe IV, 
State of Hawaii Tax Map Key 4-4-16, Third Division) lying north of the 
Saddle Road (State Highway 20) and south of the Power Line Road; (2) 
that portion of the State of Hawaii Kaohe Game Management Area (Parcel 
4, State of Hawaii Tax Map Key 4-4-15, Third Division) to the north and 
east of the Saddle Road (State Highway 20); (3) that portion of the 
Upper Waikii Paddock (Parcel 2, State of Hawaii Tax Map Key 4-4-15, 
Third Division) northeast of the Saddle Road (State Highway 20); (4) 
that portion of the lands of Humuula between Puu Kahinahina and Kole 
lying southeast of the Mauna Kea Forest Reserve fence (portions of 
Parcels 2, 3, and 7, State of Hawaii Tax Map Key 3-8-1, Third Division) 
which are included in the State conservation district.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.038
    
     Cactus Ferruginous Pygmy-Owl (Glaucidium brasilianum cactorum)

    1. Critical habitat units are depicted for Pima, Cochise, Pinal, and 
Maricopa counties, Arizona, on the maps below. The maps are for 
reference only; the areas in critical habitat are legally described 
below.
    2. Within these areas, the primary constituent elements are those 
habitat components that are essential for the primary biological needs 
of foraging, nesting, rearing of young, roosting, sheltering, and 
dispersal or the capacity to develop those habitat components. The 
primary constituent elements are found in areas that support, or have 
the potential to support, riparian forests, riverbottom woodlands, 
xeroriparian forests, and semidesert grassland, and the Arizona upland 
subdivision of Sonoran desertscrub. Within these vegetation communities, 
specific plant associations that are essential for the primary 
biological needs of the cactus ferruginous pygmy-owl include, but are 
not limited to, the following vegetation: cottonwood, willow, ash, 
mesquite, palo verde, ironwood, hackberry, saguaro cactus, and/or organ 
pipe cactus.
    3. Critical habitat does not include non-Federal lands covered by a 
legally operative incidental take permit for the cactus ferruginous 
pygmy-owl issued under section 10(a) of the Act, nor Indian Tribal 
grazing allotments.
    Unit 1. Pima County, Arizona. From BLM map Sells, Ariz. 1979, 
Atascosa Mts., Ariz. 1979.
    Gila and Salt Principal Meridian, Arizona: T. 17 S., R. 8 E., secs. 
1 to 3, E\1/2\ sec. 4, E\1/2\ sec. 9, secs. 10 to 16, 21 to 36; T. 17 
S., R. 9 E., that portion of sec. 1 lying west of St. Hwy 286, secs. 2 
to 10, those portions of secs. 11, 12, and 14 lying west of St. Hwy 286, 
secs. 15 to 22, those portions of secs. 23 and 26 lying west of St. Hwy 
286, secs. 27 to 34, that portion of sec. 35 lying west of St. Hwy 286; 
T. 18 S., R 7 E., sec. 1, those portions of secs. 2 and 11 lying east of 
Papago Indian Reservation Bdy, sec. 12, those portions of secs. 13, 14, 
24, 25, and 36 lying east of Papago Indian Reservation Bdy; T. 18 S., R. 
8 E., secs. 1 to 36; T. 18 S., R. 9 E., that portion of sec. 2 lying 
west of Hwy 286, secs. 3 to 10, those portions of secs. 11 and 14 lying 
west of St. Hwy 286, secs. 15 to 22, those portions of secs. 23, 26, 27 
and 28 lying west and north of St. Hwy 286, secs. 29 to 31, those 
portions of secs. 32 and 33 lying west and north of St. Hwy 286; T. 19 
S., R. 7 E., those portions of secs. 1, 12, 13, 14, and 23 lying east of 
Papago Indian Reservation Bdy, secs. 24 and 25, those portions of secs. 
26 and 34 lying east of Papago Indian Reservation Bdy, secs. 35, 36; T. 
19 S., R. 8 E., secs. 1 to 12, N\1/2\ sec. 13, secs. 14 to 21, W\1/2\ 
sec. 22, S\1/2\ sec. 26, S\1/2\ & NW\1/4\ sec. 27, secs. 28 to 35; T. 19 
S., R. 9 E., sec. 6; T. 20 S., R. 7 E., secs. 1, 2, those portions of 
secs. 3, 9, and 10 lying east of Papago Indian Reservation Bdy, secs. 11 
to 15, those portions of secs. 16, 17, and 21 lying east of Papago 
Indian Reservation Bdy, secs. 22 to 27, those portions of secs. 28, 29, 
32, and 33 lying east of Papago Indian Reservation Bdy, secs. 34 to 36; 
T. 20 S., R. 8 E., secs. 2 to 11, 14 to 23, 27 to 33; T. 21 S., R. 7 E., 
secs. 1 to 4, those portions of secs.

[[Page 348]]

5 and 8 lying east of Papago Indian Reservation Bdy, secs. 9 to 16, 
those portions of secs. 17 and 20 lying east of Papago Indian 
Reservation Bdy, secs. 21 to 27, those portions of secs 28 and 29 lying 
east of Papago Indian Reservation Bdy, that portion of sec. 33 lying 
north of Papago Indian Reservation Bdy, secs. 34 to 36; T. 21 S., R. 8 
E., secs. 4 to 9; T. 22 S., R. 7 E., secs. 1 to 3, 10 to 15, 22 to 25; 
T. 22 S., R. 8 E., S\1/2\ SW, SW\1/4\ SE\1/4\ sec. 18, W\1/2\ & W\1/2\ 
E\1/2\ sec. 19, that portion of sec. 20 outside Buenos Aires NWR Bdy, 
secs. 29, 30.
    Unit 2. Pima County, Arizona. From BLM map Silver Bell Mts., Ariz. 
1977.
    Gila and Salt Principal Meridian, Arizona: T. 13 S., R. 9 E., secs. 
31 to 36; T. 13 S., R. 10 E., secs. 31 to 36; T. 13 S., R. 12 E., those 
portions of secs. 31 to 34 lying within Tucson Mountain County Park; T. 
14 S., R. 9 E., secs. 1 to 12; T. 14 S., R. 10 E., secs. 1 to 12; T. 14 
S., R. 11 E., that portion of secs. 1 and 2 lying within the Tucson 
Mountain County Park, secs. 5 to 8, 10, 11, those portions of secs. 12 
and 13 lying within Tucson Mountain County Park, secs. 14 and 15; T. 14 
S., R. 12 E., those portions of secs. 1 to 25, lying within Tucson 
Mountain County Park; T. 14 S. R. 13 E., those portions of secs. 7, 18, 
19, 28, 29, and 30 lying within Tucson Mountain County Park. (Note: 
Areas described for Tucson Mountain County Park do not match the Silver 
Bell Mts., Ariz. BLM map cited above. This description is based on more 
recent information obtained from Pima County Public Works.)
    Unit 3. Pima County, Arizona. From BLM map Silver Bell Mts., Ariz. 
1977.
    Gila and Salt Principal Meridian, Arizona: T. 12 S., R. 12 E., those 
portions of secs. 8 and 9 lying south and west of Interstate 10, secs. 
17, 20, and 29.
    Unit 4. Pima and Pinal Counties, Arizona. From BLM maps Casa Grande, 
Ariz. 1979, Silver Bell Mts., Ariz. 1977.
    Gila and Salt Principal Meridian, Arizona: T. 10 S., R. 11 E., secs. 
1 to 36; T. 10 S., R. 12 E., secs. 4 to 9, 16 to 21, 28 to 33; T. 11 S., 
R. 11 E., secs. 1 to 5, 9 to 15, secs. 23, 24; T. 11 S., R. 12 E., secs. 
3 to 10, 14 to 30, N\1/2\ sec. 31, secs. 32 to 36; T. 11 S., R. 13 E., 
secs. 19, 28 to 33; T. 12 S., R. 12 E., secs. 1 to 4, those portions of 
secs. 8 and 9 lying north and east of Interstate 10, secs. 10 to 14, 23, 
24, that portion of sec. 25 lying north of W. Cortaro Farms Road, that 
portion of sec. 26 lying north of W. Cortaro Farms Road and north and 
east of Interstate 10; T. 12 S., R. 13 E., secs. 4 to 9, 16 to 21, those 
portions of secs. 29 and 30 lying north of W. Cortaro Farms Road.
    Unit 5a. Pinal County, Arizona. From BLM maps Mesa, Ariz. 1979, Casa 
Grande, Ariz. 1979.
    Gila and Salt Principal Meridian, Arizona: T. 5 S., R. 11 E., secs. 
1 to 36; T. 6 S., R. 11 E., secs. 1 to 36; T. 7 S., R. 11 E., secs. 1 to 
36; T. 8 S., R. 11 E., secs. 1 to 36; T. 9 S., R. 11 E., secs. 1 to 36.
    Unit 5b. Pinal County, Arizona. From BLM maps Casa Grande, Ariz. 
1979, Mammoth, Ariz. 1986.
    Gila and Salt Principal Meridian, Arizona: T. 8 S., R. 15 E., secs. 
1 to 36; T. 9 S., R. 12 E., secs. 1 to 36; T. 9 S., R. 13 E., secs. 1 to 
36; T. 9 S., R. 14 E., secs. 1 to 31; T. 9 S., R. 15 E., secs. 1 to 12, 
14 to 21, 28 to 30.
    Unit 6. Cochise, Pima, and Pinal Counties, Arizona. From BLM maps 
Mesa, Ariz. 1979, Globe, Ariz. 1986, Mammoth, Ariz. 1986, and Tucson, 
Ariz. 1979.
    Gila and Salt Principal Meridian, Arizona: T. 4 S., R. 9 E., those 
portions of secs. 1, 12, 13, and 24 lying east of U.S. Hwy 89; T. 4 S., 
R. 10 E., secs. 1 to 5, that portion of sec. 6 lying east of U.S. Hwy 
89, secs. 7 to 24; T. 4 S., R. 11 E., secs. 7 to 36; T. 4 S., R. 12 E., 
secs. 1 to 12; T. 4 S., R. 13 E., that portion of sec. 1 lying south and 
west of St. Hwy 177, secs. 2 to 12; T. 4 S., R. 14 E., those portions of 
secs. 5, 6, 7, 8, 16, and 17 lying south and west of St. Hwy 177, secs. 
18, 20, those portions of secs. 21, 22, 26, and 27, lying south and west 
of St. Hwy 177, secs. 28, 29, 33, and 34, that portion of sec. 35 lying 
south and west of St. Hwy 177; T. 5 S., R. 14 E., those portions of 
secs. 1 and 2 lying south and west of St. Hwy 177, secs. 3, 11, 12; T. 5 
S., R. 15 E., those portions of secs. 6, 7, 8, 9, and 10 lying south and 
west of St. Hwy 177, that portion of sec. 14 lying south and west of the 
Pinal and Gila Counties boundary (all within Pinal County), that portion 
of sec. 15 lying south of St. Hwy 177 and west of the Pinal and Gila 
Counties boundary (all within Pinal County), secs 16 to 22, that portion 
of sec. 23 lying south and west of the Pinal and Gila Counties boundary 
(all within Pinal County), that portion sec. 24 lying west of St. Hwy 77 
and south of Pinal and Gila Counties boundary (all within Pinal County), 
that portion of sec. 25 lying south and west of St. Hwy 77 and north and 
east of San Manuel Railroad, those portions of secs. 26 and 36 lying 
north and east of San Manuel Railroad; T. 5 S., R. 16 E., those portions 
of secs. 30 and 31 lying south and west of St. Hwy 77; T. 6 S., R. 15 
E., that portion of sec. 1 lying north and east of San Manuel Railroad; 
T. 6 S., R. 16 E., that portion of sec. 5 lying south and west of St. 
Hwy 77, that portion of sec. 6 lying south and west of St. Hwy 77 and 
north and east of San Manuel Railroad, that portion of sec. 7 lying 
north and east of San Manuel Railroad, that portion sec. 8 lying south 
and west of St. Hwy 77 and north and east of San Manuel Railroad, those 
portions of secs. 9 and 16 lying south and west of St. Hwy 77, those 
portions of secs. 17 and 20 lying east of San Manuel Railroad, those 
portions of secs. 21 and 28 lying west of St. Hwy 77, those portions of 
secs. 29 and 32 lying east of San Manuel Railroad, that portion of sec. 
33 lying west of St. Hwy 77; T. 7 S., R. 16 E.,

[[Page 349]]

that portion of sec. 4 lying west of St. Hwy 77, secs. 5 to 8, those 
portions of secs. 9, 10, and 15 lying south and west of St. Hwy 77, 
secs. 16 to 21, those portions of secs. 22, 23, 25, and 26 lying south 
and west of St. Hwy 77, secs. 27 to 35, that portion of sec. 36 lying 
south and west of St. Hwy 77; T. 8 S., R. 16 E., that portion of sec. 1 
lying south and west of St. Hwy 77, secs. 2 to 12, that portion of sec. 
13 lying east of Camino Rio Road, secs. 15 to 22, 28 to 32; T. 8 S., R. 
17 E., that portion of sec. 6 south and west of St. Hwy 77, that portion 
of section 7 west of St. Hwy 77 and west of River Road, that portion of 
sec. 17 lying south and west of River Road, that portion of sec. 18 
south and west of River Road and north and east of a line defined by 
Camino Rio Road where it runs southeasterly from the west boundary of 
sec. 18 to its intersection with St. Hwy 77 then southeasterly along St. 
Hwy 77 to its intersection with Old State Hwy 77 then along Old State 
Hwy 77 to its intersection with the south boundary of sec. 18, that 
portion of sec. 19 lying east of Old State Highway 77, those portions of 
secs. 20, 28, and 29 lying south and west of River Road, that portion of 
sec. 30 lying east of Old State Hwy 77 and St. Hwy 77, sec. 32, that 
portion of sec. 33 lying west of River Road; T. 9 S., R. 16 E., secs. 5 
to 8; T. 9 S., R. 17 E., those portions of secs. 3 and 4 lying west of 
River Road, sec. 9, those portions of secs. 10, 14, and 15 lying west of 
River Road, NE\1/4\ sec. 22, those portions of secs. 23, 24, and 25 west 
of River Road; T. 9 S., R. 18 E., those portions of secs. 30, 31 and 32 
west of River Road; T. 10 S., R. 18 E., those portions of secs. 5, 6, 7, 
and 8 lying north and east of Redington Road, sec. 9, those portions of 
secs. 16, 17, and 21 lying north and east of Redington Road, secs. 22 
and 27, those portions of secs. 28 and 33 lying east of Redington Road, 
sec. 34; T. 11 S., R. 18 E., sec. 2, those portions of secs. 3 and 10 
lying east of Redington Road, secs. 11 and 14, those portions of secs. 
15 and 22 lying east of Redington Road, secs. 23 and 26, that portion of 
sec. 27 lying east of Redington Road, that portion of sec. 34 lying east 
of Redington Road and west of Cascabel Road, that portion of sec. 35 
lying west of Cascabel Road; T. 12 S., R. 18 E., that portion of sec. 2 
west of Cascabel Road, that portion of sec. 3 lying east of Redington 
Road, those portions of secs. 11, 12, and 13 lying west of Cascabel 
Road; T. 12 S., R. 19 E., those portions of secs. 18, 19, 29, and 30 
lying west of Cascabel Road, sec. 31, that portion of sec. 32 and 33 
lying west of Cascabel Road; T. 13 S., R. 19 E., that portion of sec. 4 
lying west of Cascabel Road, sec. 5, those portions of secs. 9, 10, and 
15 lying west of Cascabel Road.
    Unit 7. Maricopa and Pinal Counties, Arizona. From BLM maps Theodore 
Roosevelt Lake, Ariz. 1981 and Mesa, Ariz. 1979.
    Gila and Salt Principal Meridian, Arizona: T. 3 N., R. 7 E., that 
portion of sec. 33 lying easterly of Salt River Indian Reservation Bdy, 
secs. 34 to 36; T. 3 N., R. 8 E., secs. 31 to 33; T. 2 N., R. 7 E., 
secs. 1 to 3, those portions of secs. 4, 5, 6 and 7 lying south and east 
of Salt River Indian Reservation Bdy, secs. 8 to 17, that portion of 
sec. 18 lying south and east Salt River Indian Reservation Bdy, secs. 19 
to 25, E \1/2\ sec. 26, E \1/2\ sec. 35, sec. 36; T. 2 N., R. 8 E., 
secs. 4 to 8, 18, 19, 25 to 36; T. 2 N., R. 9 E., secs. 30, 31; T. 1 N., 
R. 9 E., secs. 6, 7, 18 to 21, 27 to 30, 34 to 36; T. 1 N., R. 10 E., 
secs. 31, 32; T. 1 S., R. 9 E., secs. 1 to 3, 10 to 15, 22 to 26, those 
portions of secs. 27, 35 and 36 lying north and east of U.S. Hwy 60/89; 
T. 1 S., R. 10 E., secs. 5 to 8, 17 to 20, 29 to 32; T. 2 S., R. 9 E., 
that portion of sec 1 lying north and east of U.S. Hwy 60/89; T. 2 S., 
R. 10 E., secs. 1 to 5, those portions of secs. 6, 7 and 8 lying north 
and east of U.S. Hwy 60/89, secs. 9 to 16, that portion of sec. 17 lying 
north and east of U.S. Hwy 60/89 and south and east of U.S. Hwy 89, that 
portion of sec. 20 lying east of U.S. Hwy 89, secs. 21 to 28, those 
portions of secs. 29 and 32 lying east of U.S. Hwy 89, secs. 33 to 36: 
T. 3 S., R. 10 E., secs. 1 to 4, those portions of secs. 5 and 8 lying 
east of U.S. Hwy 89, secs. 9 to 16, those portions of secs. 17, 18, and 
19 lying east of U.S. Hwy 89, secs. 20 to 29, those portions of secs. 30 
and 31 lying east of U.S. Hwy 89, secs. 32 to 36.

[[Page 350]]

[GRAPHIC] [TIFF OMITTED] TR12JY99.027


[[Page 351]]


[GRAPHIC] [TIFF OMITTED] TR12JY99.028


[[Page 352]]


[GRAPHIC] [TIFF OMITTED] TR12JY99.029

            Cape Sable Sparrow (Ammospiza maritima mirabilis)

    Florida. Areas of land, water, and airspace in the Taylor Slough 
vicinity of Collier, Dade, and Monroe counties, with the following 
components (Tallahassee Meridian): Those portions of Everglades National 
Park within T57S R36E, T57S, R36\1/2\E, T57S R37E, T58S R35E, T58S R36E, 
T58S R37E, T58\1/2\S R35E, T58\1/2\S R36\1/2\E T59S R35E, T59S, R36E, 
T59S R37E. Areas outside of Everglades National Park within T55S R37E 
Sec. 36; T55S R38E Sec. 31, 32; T56S R37E Sec. 1, 2, 11-14, 23-26; T56S 
R38E Sec. 5-7, 18, 19; T57S R37E

[[Page 353]]

Sec. 5-8, T58S R38E Sec. 27, 29-32; T59S R38E Sec. 4.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.185
    
              Inyo Brown Towhee (Pipilo fuscus eremophilus)

    California, Inyo County: lands within and adjacent to the China Lake 
Naval Weapons Center identified as follows:
    (1) Approximately 2.0 miles of streambed and \1/8\ mile on either 
side of the wash from Margaret Ann Spring and proceeding downstream to 
the eastern boundary of Section 3 near Snooky Spring. The above includes 
portions of Sections 3, 4, 9, and 10, T23S R42E. (Map location A)
    (2) A circle \1/8\ mile in radius with the spring in T23S R42E W\1/
2\ NE\1/4\ Section 8 as the center. (Map location B)
    (3) Approximately 2 miles of streambed and \1/8\ mile on either side 
of the wash from Ruby Spring (T23S R42E, Section 22) and proceeding 
downstream to the boundary between Sections 25 and 26. The above 
includes portions of Sections 22, 23, 25, and 26, T23S R42E. (Map 
location C)
    (4) A circle \1/8\ mile in radius with Quail Spring as the center in 
T23S R42E, NE\1/4\ Section 28. (Map location D)
    (5) A circle \1/8\ mile in radius with Benko Spring as the center in 
T23S R42E, Sections 34 and 35. (Map location E)
    (6) A circle \1/8\ mile in radius with Bench Mark 5485 (some USGS 
maps report this as 5484) near the common boundary of Sections 31 and 
32, T23S R42E, as the center and lying within Sections 31 and 32. (Map 
location F)
    (7) T24S R42E, NW\1/4\ NW\1/4\ Section 2 and NE1/4 NE1/4 Section 3. 
(Map location G)
    (8) T24S R42E, E\1/2\ SE\1/4\ Section 6. (Map located H)
    (9) Approximately 1.8 miles of streambed and \1/8\ mile on either 
side of Great Falls Basin Wash commencing from the western boundary of 
E\1/2\ Section 11, T24S R42E, and proceeding downstream along the 
streambed to the eastern boundary of Section 13. The above includes 
portions of Sections 11, 12, 13, and 14, T24S R42E. (Map location I)
    (10) Circles with \1/8\ mile radii around Mumford and Austin Springs 
in T24S R43E, Section 7 and Bainter Spring in Section 18 and around 
Indian Joe Spring in T24S R42E Section 24. (Map locations J)
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.039
    
    (11) Approximately 5 miles of streambed and \1/8\ mile on either 
side of Mountain Springs Canyon commencing from the southern border of 
Section 8 and continuing along the streambed to the point at which 
Mountain Springs Canyon Wash intersects the eastern boundary of SW\1/4\ 
Section 12. The above includes portions of Sections 8, 9, 10, 11, 12, 
13, 14, and 17, T23S R41E. (Map location K)
    Note: Map follows:

[[Page 354]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.186

    Major constituent element: desert riparian scrub vegetation.

               Least Bell's Vireo (Vireo bellii pusillus)

    California: Areas of land and water as follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.040
    

[[Page 355]]


    1. Santa Ynez River, Santa Barbara County (Index map location A).
    T. 5 N., R. 27 W.: secs. 1, W\1/2\, and 12, all except NE\1/4\. In 
addition, all adjacent lands within the following circumscribed area: 
beginning at a point 0.25 mi south of the northeast corner of sec. 12, 
T. 5 N., R. 27 W.; thence east about 0.5 mi; thence north about 1.25 mi; 
thence east approximately 1.3 mi to the intersection of Mono Creek and 
the Los Prietos Y Najalayegua land grant boundary; thence south about 
2.5 mi; thence east approximately 2.6 mi to Agua Caliente Creek (at a 
point about 0.4 mi north and 0.1 mi east of the Pendola Guard Station); 
thence south about 0.5 mi; thence east about 1.0 mi; thence south about 
0.25 mi; thence east about 0.5 mi; thence south about 0.75 mi to the 
southwest corner of T. 5 N., R. 25 W., sec. 19; thence east to the 
southeast corner of T. 5 N., R. 25 W., sec 20; thence south about 0.63 
mi; thence west to western boundary of T. 5 N., R. 26 W., sec. 25; 
thence south about 0.16 mi; thence west to eastern boundary of T. 5 N., 
R. 26 W., sec. 27; thence north about 0.25 mi; thence west to western 
boundary of T. 5 N., R. 26 W., sec. 27; thence north to the northeastern 
corner of T. 5 N., R. 26 W., sec. 27; thence north to the northeastern 
corner of T. 5 N., R. 26 W., sec. 28; thence west to the northwest 
corner of T. 5 N., R. 26 W., sec. 28; thence north to the northeast 
corner of T. 5 N., R. 26 W., partially unsurveyed sec. 20; thence west 
to the northeast corner of T. 5 N., R. 26 W., unsurveyed sec. 19; thence 
north about 0.5 mi; thence west to the southeast corner of T. 5 N., R. 
27 W., sec. 13, NE\1/4\; and thence north to the southeast corner of T. 
5 N., R. 27 W., sec. 12.
[GRAPHIC] [TIFF OMITTED] TC01JN91.041


[[Page 356]]


    2. Santa Clara River, Los Angeles and Ventura Counties (Index map 
location B).
    T. 4 N., Rs. 17 and 18 W.: all land within 3,500 feet 
perpendicularly and generally southward or westward of a line commencing 
at a point 100 yards west of BM 740 (a point about 2.3 mi east of the 
intersection of Main Street and State Highway 126 in Piru); thence east 
along State Highway 126 to its intersection with The Old Road at Castaic 
Junction; and thence eastward and southward along The Old Road to its 
intersection with Rye Canyon Road.
[GRAPHIC] [TIFF OMITTED] TC01JN91.042

    3. Santa Ana River, Riverside and San Bernardino Counties (Index map 
location C).
    All lands below the 543-foot contour in partially surveyed T. 3 S., 
R. 7 W., within the Prado Flood Control Basin (upstream from Prado Dam). 
In addition, the following adjacent lands above the 543-foot contour in 
the Santa Ana River bottom and within the following boundaries: 
commencing at a point 0.1 mi east and 0.2 mi north of the southwest 
corner of sec. 2, T. 3 S., R. 7 W.; thence north about 0.4 mi; thence to 
a point 0.25 mi east and 0.4 mi north of southwest corner of sec. 31, T. 
2 S., R. 6 W.; thence to the northeast corner of sec. 31, T. 2 S., R. 6 
W.; thence east 0.35 mi; thence to midpoint of southern section line of 
sec. 21, T. 2 S., R. 6 W.; thence to a point 0.6 mi south of the 
northwest corner of sec. 25, T. 2 S., R. 6 W.; thence east about 0.6 mi; 
thence to a point 0.2 mi north of the center of sec. 30, T. 2 S., R. 5 
W.; thence east about 0.7 mi; thence to a point 0.6 mi east of

[[Page 357]]

the southwest corner of sec. 20, T. 2 S., R. 5 W.; thence east about 0.8 
mi; thence 0.6 mi south; thence to a point 0.3 mi north of the southwest 
corner of sec. 28, T. 2 S., R. 5 W.; thence to a point 0.45 mi north of 
the southwest corner of sec. 29, T. 2 S., R. 5 W.; thence generally 
westward and southward along the Riverside Corporation Boundary (as 
shown on USGS Riverside Quadrangle 1980) to its intersection with Van 
Buren Blvd.; thence to a point 0.2 mi east and 0.75 mi south of the 
northwest corner of sec. 27, T. 2 S., R. 6 W.; thence 0.25 mi north; 
thence 0.7 mi west; thence to a point 0.85 mi north of the southwest 
corner of sec. 32, T. 2 S., R. 6 W.; thence to a point 0.75 mi west and 
0.1 mi south of the northeast corner of sec. 6, T. 3 S., R. 6 W.; thence 
0.5 mi west; and thence to the 543-foot contour at a point 0.3 mi west 
of the southeast corner of sec. 2, T. 3 S., R. 7 W.

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[GRAPHIC] [TIFF OMITTED] TC01JN91.043


[[Page 359]]


[GRAPHIC] [TIFF OMITTED] TC01JN91.044

    4. Coyote Creek, San Diego County (Index map location D).
    T. 9 S., R. 5 E.: secs. 22, N\1/2\, SE\1/4\; and 23, SW\1/4\.

[[Page 360]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.045

    5. Santa Margarita River, San Diego County (Index map location E).
    T. 9 S., R. 3 W.: secs. 4, all lands below the 600-foot contour; 5 
SE\1/4\; 7; and 8.
    In T. 9 S., R. 4 W., Sec. 12 E\1/2\; 13 NE\1/4\.

[[Page 361]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.046

    6. San Luis Rey River, San Diego County (Index map location F).
    T. 11 S., R. 5 W.: secs. 13, S\1/2\NE\1/4\, SE\1/4\NW\1/4\, SW\1/4\; 
14, SE\1/4\SW\1/4\, S12SE\1/4\; and 23, NW\1/4\.
    T. 11 S., R. 4 W.: secs. 3, all land north of Murray Road; 4, E\1/
2\NE\1/4\, E\1/2\SE\1/4\SW\1/4\, W\1/2\NE\1/4\SE\1/4\, E\1/2\NW\1/
4\SE\1/4\, SW\1/4\SE\1/4\; 7, N\1/2\NE\1/4\NE\1/4\, NW\1/4\NE\1/4\, E\1/
2\W\1/2\, SW\1/4\SW\1/4\; 8, N\1/2\NE\1/4\, N\1/2\N\1/2\NW\1/4\; 9, N\1/
2\NW\1/4\; and 18, NW\1/4\.
    T. 10 S., R. 4 W.: sec. 34, S1/2SW\1/4\.
    Surveyed and unsurveyed portions according to the following metes 
and bounds: bordered on the north by a line commencing at the 
intersection of North River Road and the surveyed eastern section line 
of sec. 3, T. 11 S., R. 4 W.; thence east along said road to its

[[Page 362]]

junction with Via Puerta Del Sol; thence east approximately 0.5 mi to 
State Highway 76 nearest the midpoint of sec. 31, T. 10 S., R. 3 W.; 
thence northward and eastward along said highway to its intersection 
with the eastern section line of sec. 27, T. 9 S., R. 2 W.; and bordered 
on the south by a line commencing at the intersection of Murray Road and 
the surveyed eastern section line of sec. 3, T. 11 S., R. 4 W.; thence 
southward and eastward along said road to its junction with State 
Highway 76; thence eastward and northward along said highway to its 
junction with Santa Fe Avenue; thence southeastward 3,000 feet along 
said avenue; thence northward along a straight line to Guajome Lake Road 
at a point 800 feet from the junction of said road and State Highway 76; 
thence northwestward along Guajome Lake Road to its junction with said 
highway; thence eastward along said highway to its junction with River 
Road in sec. 31, T. 10 S., R. 3 W.; thence northward along said road to 
its intersection with the surveyed eastern section line of sec. 20, T. 
10 S., R. 3 W.; thence north to and northeasterly along the 250-foot 
contour in sec. 21 through partially surveyed sec. 15, T. 10 S., R. 3 
W.; thence north to a point about 0.2 mi south of the northwest corner 
of sec. 14 and continuing along the 300-foot contour from the western 
section line of sec. 14 eastward through unsurveyed sec. 11, surveyed 
secs. 13 and 12, T. 10 S., R. 3 W.; and surveyed sec. 18, T. 10 S., R. 2 
W.; thence east to and along the 325-foot contour through sec. 1, T. 10 
S., R. 3 W.; thence south to and along the 350-foot contour in secs. 6 
and 5, T. 10 S., R. 2 W., and secs. 32 and 33, T. 9 S., R. 2 W., to the 
northern section line of sec. 33; thence east approximately 1.5 mi to 
the southeastern corner of sec. 27, T. 9 S., R. 2 W.; and thence north 
about 0.4 mi to State Highway 76 in Pala.

[[Page 363]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.047

    7. San Diego River, San Diego County (Index map location G).
    T. 15 S., Rs. 1 and 2 W.: commencing at the intersection of the 
Second San Diego Aqueduct and Mission Gorge Road; thence eastward along 
said road to the western-most intersection with Father Junipero Serra 
Trail; thence northward and eastward along said trail to the eastern-
most intersection of said trail and said road; thence eastward along 
Mission Gorge Road to its intersection with Carlton Hills Blvd.; thence 
northward to its intersection with Carlton Oaks Drive; thence westward 
along said drive to its eastern-most intersection with Inverness Road; 
thence westward along said road to its intersection with Carlton Oaks 
Drive; thence westward along said drive to its intersection with Mast 
Street; thence westward and southward along the 320-foot contour to its 
intersection with the Second San Diego Aqueduct on the north side of the 
San Diego River; thence southeastward along said aqueduct to its 
intersection with Mission Gorge Road.

[[Page 364]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.048

    8. Sweetwater River, San Diego County (Index map location H).
    T. 16 and 17 S., R. 1 W.: commencing at the intersection of the 320-
foot contour and 116o58 deg.14'' W longitude immediately north of the 
confluence of Sweetwater River and Sweetwater Reservoir; thence eastward 
along the contour to the intersection of said contour with State Highway 
94; thence northward along said highway to its intersection with State 
Highway 54; thence northeastward along said highway to the San 
Bernardino Meridian; thence south approximately 1,500 feet to the 
intersection with the 340-foot contour; thence westward and southward 
along said contour to the south end of the Steele Canyon Bridge on State 
Highway 94; thence south approximately 900 feet to the 340-foot contour; 
thence southwesterly along said contour to its intersection with 
116 deg.58 deg.14'' W longitude; thence north to starting point.

[[Page 365]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.049

    9. Jamul-Dulzura Creeks, San Diego County (Index map location I).
    T. 17 and 18 S., R. 1 E.: commencing from a point approximately 
2,200 feet west of BM 515 along Otay Lakes Road, in sec. 5, T. 18 S., R. 
1 E.; thence east approximately one mile to the crossing of said road at 
a bridge over Jamul Creek, including all land within 1,500 feet 
southward of Otay Lakes Road as measured perpendicularly from the road; 
thence eastward for about 2.4 mi along said road and including all lands 
within 1,500 feet northward of said road as measured perpendicularly 
from the road, and including all lands within 500 feet of said bridge 
not otherwise included above.
    10. Tijuana River, San Diego County (Index map location J).
    T. 18 S., R. 2 W.: secs. 34, S\1/2\SE\1/4\SE\1/4\; and 35, S\1/
2\SW\1/4\, SW\1/4\SW\1/4\SE\1/4\.
    T. 19 S., R. 2 W.: secs. 1, W\1/2\SW\1/4\NW\1/4\; 2, S\1/2\NE\1/
4\NE\1/4\, NW\1/4\NE\1/4\, N\1/2\SE\1/4\NE\1/4\, N\1/2\NE\1/4\NW\1/4\, 
W\1/2\NW\1/4\; 3, N\1/2\; and 4, NE\1/4\, N\1/2\NW\1/4\.

[[Page 366]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.050


[[Page 367]]


    Primary constituent elements: riverine and floodplain habitats 
(particularly willow-dominated riparian woodland with dense understory 
vegetation maintained, in part, in a non-climax stage by periodic floods 
or other agents) and adjacent coastal sage scrub, chaparral, or other 
upland plant communities.

    (c) Reptiles.

             Culebra Island Giant Anole (Anolis roosevetti)

    Note: No text. Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.051
    
                 Mona Boa (Epicrates monensis monensis)

    Commonwealth of Puerto Rico. Mona Island--entire island.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.052
    
                 American Crocodile (Crocodylus acutus)

    Florida. All land and water within the following boundary: Beginning 
at the easternmost tip of Turkey Point, Dade County, on the coast of 
Biscayne Bay; thence southeastward along a straight line to Christmas 
Point at the southernmost tip of Elliott Key; thence southwestward along 
a line following the shores of the Atlantic Ocean side of Old Rhodes 
Key, Palo Alto Key, Anglefish Key, Key Largo, Plantation Key, Windley 
Key, Upper Matecumbe Key, Lower Matecumbe Key, and Long Key, to the 
westernmost tip of Long Key; thence Northwestward along a straight line 
to the westernmost tip of Middle Cape; thence northward along the shore 
of the Gulf of Mexico to the north side of the mouth of Little Sable 
Creek; thence eastward along a straight line to the northernmost point 
of Nine-Mile Pond; thence northeastward along a straight line to the 
point of beginning.
    Note: No map.

              Monito Gecko (Sphaerodactylus micropithecus)

    Puerto Rico--Isla Monito, entire island.
    Note: Map follows:

[[Page 368]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.053

                 Mona Ground Iguana (Cyclura stejnegeri)

    Commonwealth of Puerto Rico. Mona Island--entire island.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.054
    
           Coachella Valley Fringe-Toed Lizard (Uma inornata)

    California. Riverside County. S\1/2\ Section 5, SE\1/4\ Section 6, 
E\1/2\ Section 7, all of sections 8 through 11, W\1/2\ Section 12, W\1/
2\ Section 13, all of sections 14 through 16, E\1/2\ Section 17, E\1/
2\NW\1/4\ Section 17, E\1/2\SW\1/4\ Section 17, all of sections 21 
through 26, E\1/2\NW\1/4\, NW\1/4\SE\1/4\, E\1/2\SE\1/4\, NE\1/4\ 
Section 27, all of sections 35 and 36, T4S R6E.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.055
    
                 St. Croix Ground Lizard (Ameiva polops)

    U.S. Virgin Islands. Protestant Cay, roughly defined by the 
coordinates 64 deg.42'15" N. and 17 deg.45'7.5" W.; and Green Cay, 
roughly defined by the coordinates 67 deg.37'30" N. and 17 deg.46'15" W.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.056
    
    New Mexican Ridge-Nosed Rattlesnake (Crotalus willardi obscurus)

    New Mexico. Hidalgo County. Elevations between 6,200 feet and 8,532 
feet in Bear, Indian, and Spring Canyons, Animas Mountains.
    Note: Map follows:

[[Page 369]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.057

           Concho Water Snake (Nerodia harteri paucimaculata)

    Texas: Areas of land and water as follows:
    1. Tom Green and Concho Counties. Concho River: The mainstream river 
channel and river banks, up to a level on both banks that is 15 vertical 
feet above the water level at median discharge (but not extending more 
than \1/2\ mile upstream on any tributary stream); extending from 
Mullin's Crossing, northeast of the town of Veribest downstream to the 
confluence of the Concho and Colorado Rivers.
    2. Runnels, Concho, Coleman, and McCulloch Counties. Colorado River: 
The mainsteam river channel and river banks, up to a level on both banks 
that is 15 vertical feet above the water level at median discharge (but 
not extending more than \1/2\ mile upstream on any tributary steam); 
extending from the Farm to Market Road 3115 bridge near the town of 
Maverick downstream to the confluence of the Colorado River and Salt 
Creek, northeast of the town of Doole.
    3. The entire future Stacy Reservoir basin up to the conservation 
pool level of 1551.5 feet elevation, and including reservoir banks up to 
15 vertical feet above the 1551.5 feet elevation, and including 
tributary streams for not more than \1/2\ mile upstream from the 
conservation pool level.
    4. Constituent elements include shallow riffles and rapids with 
rocky cover, minimum steam flows, dirt banks, rocky shorelines, and 
woody riparian vegetation. Minimum flows include the following:
    (a) A continous, daily flow of 10.0 cubic feet/second (cfs) in the 
Colorado River from E.V. Spence Reservoir to Ballinger, Texas.
    (b) A flushing flow of 600 cfs from E.V. Spence Reservoir for a 
duration of 3 consecutive days (at any time during the months of 
November through February), at least every other year for channel 
maintenance.
    (c) A continuous, daily minimum flow of 11.0 cfs in the Colorado 
River between Stacy Dam and Pecan Bayou between April and September each 
year, and a minimum of 2.5 cfs between October and March of each year.
    (d) Flushing flows of 2500 cfs from Stacy Reservoir for 2 
consecutive days at least once every 2 years for channel maintenance.
    Note: Map follows:

[[Page 370]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.058


[[Page 371]]



         Desert Tortoise--Mojave Population (Gopherus agassizii)

    Index map of approximate locations of critical habitat units 
follows:
[GRAPHIC] [TIFF OMITTED] TC01JN91.059

    California. Areas of land as follows:
    1. Fremont-Kramer Unit. Kern, Los Angeles, and San Bernardino 
Counties. From BLM Maps: Victorville 1978 and Cuddeback Lake 1978. 
(Index map location A).
    Mt. Diablo Meridian: T. 29 S., R. 39 E., secs. 13, 14, 22-26, 35, 
and 36; T. 29 S., R. 40 E., secs. 12-33; T. 29 S., R. 41 E., secs. 7, 8, 
17-20, 27-30, and 32-36; T. 30 S., R. 38 E., secs. 24-26, 35, and 36; T. 
30 S., R. 39 E., secs. 1-36 except secs. 3-5; T. 30 S., R. 40 E., secs. 
4-9 and 13-36 except those portions of secs. 13, 14, and 23 lying 
northwesterly of the Randsburg-Mojave Road; T. 30 S., R. 41 E., secs. 1-
36 except secs. 5-8 and 20 and those portions of secs. 17 and 18 lying 
easterly of U.S. Hwy. 395; T. 30 S., R. 42 E., secs. 7-10, 15-22, and 
27-34; T. 31 S., R. 40 E., secs. 1 and 6 except that portion of sec. 6 
lying southeasterly of the Randsburg-Mojave Road; T. 31 S., R. 41 E., 
secs. 1-17, 20-29, and 32-36 except those portions of secs. 20, 29 and 
32 lying westerly of U.S. Hwy. 395; T. 31 S., R. 42 E., secs. 3-10, 15-
22, and 27-34; T. 32 S., R. 41 E., secs. 1-4, 9-16, 21-28, and 34-36 
except those portions of secs. 4, 9, 16, 21, 27, 28, and 34 lying 
westerly of U.S. Hwy. 395; T. 32 S., R. 42 E.; T. 32 S., R. 43 E., secs. 
4-9, 16-21, and 28-33.
    San Bernardino Meridian: T. 7 N., R. 5 W., secs. 2-11 and 14-18 
except that portion of sec. 18 lying west of U.S. Hwy. 395; T. 7 N., R. 
6 W., secs. 1-6, 12, and 13 except those portions of secs. 1, 12, and 13 
lying westerly of U.S. Hwy. 395; T. 7 N., R. 7 W., secs. 1-6; T. 7 N., 
R. 8 W., secs. 1-4; T. 8 N., R. 4 W., secs. 6, 7, and 18; T. 8 N., R. 5 
W., secs. 1-35 except secs. 24 and 25; T. 8 N., R. 6 W.; T. 8 N., R. 7 
W.; T. 8 N., R. 8 W., secs. 1-28, and 33-36; T. 8 N., R. 9 W., secs. 1 
and 7-24; T. 9 N., R. 4 W., secs. 2-11, 14-23, 30, and 31; T. 9 N., R. 5 
W.; T. 9 N., R. 6 W.; T. 9 N., R. 7 W., secs. 1-4, 9-16, and 19-36; T. 9 
N., R. 8 W., secs. 24, 25, and 31-36; T. 9 N., R. 9 W., sec. 36; T. 10 
N., R. 4 W., secs. 6, 7, 18-20, and 29-34; T. 10 N., R. 5 W.; T. 10 N., 
R. 6 W., secs. 1-36 except sec. 6; T. 10 N., R. 7 W., secs. 9-16, 21-28, 
and 33-36; T. 11 N., R. 5 W., secs. 2-11, 14-23, and 26-35; T. 11 N., R. 
6 W., secs. 1-36 except those portions of secs. 6, 7, 18, 19, 30, and 31 
lying westerly of U.S. Hwy. 395; T. 11 N., R. 7 W., that portion of sec. 
1 lying easterly U.S. Hwy. 395; T. 12 N., R. 5 W., secs. 31-35; T. 12 
N., R. 6 W., secs. 31-36; T. 12 N., R. 7 W., that portion of sec. 36 
lying easterly of U.S. Hwy. 395.
[GRAPHIC] [TIFF OMITTED] TC01JN91.060

    2. Superior-Cronese Unit. San Bernardino County. From BLM Maps: 
Cuddeback Lake 1978, Soda Mts. 1978, Victorville 1978, and Newberry 
Springs 1978. (Index map location B).
    Mt. Diablo Meridian: T. 29 S., R. 42 E., secs. 35 and 36; T. 29 S., 
R. 43 E., secs. 25, 26, and 31-36; T. 29 S., R. 44 E., secs. 20-36; T. 
29 S., R. 45 E., secs. 14-16, 19-23, and 25-36; T. 29 S., R. 46 E., 
secs. 30-32; T. 30 S., R. 42 E., secs. 1, 2, 11-14, 23-26, 35, and 36; 
T. 30 S., R. 43 E.; T. 30 S., R. 44 E.; T. 30 S., R. 45 E.; T. 30 S., R. 
46 E., secs. 3-36; T. 30 S., R. 47 E., secs. 7-10, 15-22, and 27-34; T. 
31 S., R. 42 E., secs. 1, 2, 11-14, 23-26, 35, and 36; T. 31 S., R. 43 
E.; T. 31 S., R. 44 E.; T. 31 S., R. 45 E.; T. 31 S., R. 46 E.; T. 31 
S., R. 47 E., secs. 3-10, 15-22, and 27-34; T. 32 S., R. 43 E., secs. 1-
3, 10-15, 22-27, and 34-36; T. 32 S., R. 44 E.; T. 32 S., R. 45 E.; T. 
32 S., R. 46 E.; T. 32 S., R. 47 E., secs. 3-10, 15-22, and 27-34.
    San Bernardino Meridian: T. 9 N., R. 1 W., those portions of secs. 1 
and 2 lying northerly of Interstate Hwy. 15; T. 9 N., R. 1 E., that 
portion of sec. 6 lying northerly of Interstate Hwy. 15; T. 10 N., R. 2 
W., secs. 1-29; T. 10 N., R. 1 W., secs. 1-28, 30, and 33-36 except 
those portions of secs. 33-35 lying southwesterly of Interstate Hwy. 15; 
T. 10 N., R. 1 E., secs. 18, 19, 30, and 31; T. 10 N., R. 2

[[Page 372]]

E., secs. 1-5, 8-17, and 22-34 except those portions of secs. 25, 26, 
and 34 lying southeasterly of Interstate Hwy. 15; T. 10 N., R. 3 E., 
secs. 1-12, 14-21, and 30 except those portions of secs. 11, 12, 14-16, 
19-21, and 30 lying southeasterly of Interstate Hwy. 15; T. 10 N., R. 4 
E., those portions of secs. 5-7 lying northwesterly of Interstate Hwy. 
15; T. 11 N., R. 5 W., secs. 1 and 12; T. 11 N., R. 4 W., secs. 1-7, 9, 
11, and 12; T. 11 N., R. 3 W., secs. 1-18; T. 11 N., R. 2 W.; T. 11 N., 
R. 1 W.; T. 11 N., R. 1 E., secs. 1-31; T. 11 N., R. 2 E., secs. 1-36 
except sec. 31; T. 11 N., R. 3 E.; T. 11 N., R. 4 E., secs. 1-34 except 
those portions of secs. 25, 26, 33, and 34 lying southeasterly of 
Interstate Hwy. 15; T. 11 N., R. 5 E., secs. 1-11 and 15-20 except those 
portions of secs. 1, 2, 10, 11, 15-17, 19, and 20 lying southeasterly of 
Interstate Hwy. 15; T. 12 N., R. 5 W., sec. 36; T. 12 N., R. 4 W., secs. 
31-36; T. 12 N., R. 3 W., secs. 31-36; T. 12 N., R. 2 W., secs. 31-36; 
T. 12 N., R. 1 W., secs. 31-36; T. 12 N., R. 1 E.; T. 12 N., R. 2 E., 
secs. 3-36; T. 12 N., R. 3 E., secs. 7-36; T. 12 N., R. 4 E., secs. 7-
36; T. 12 N., R. 5 E., secs. 1-5 and 7-36; T. 12 N., R. 6 E., secs. 5-9, 
15-22, and 27-34 except those portions of secs. 31-34 lying southerly of 
Interstate Hwy. 15; T. 13 N., R. 1 E.; T. 13 N., R. 2 E., secs. 19 and 
29-34; T. 13 N., R. 5 E., secs. 26-28 and 32-36; T. 14 N., R. 1 E., 
secs. 5-10, 15-23, and 24-36.
[GRAPHIC] [TIFF OMITTED] TC01JN91.061

    3. Ord-Rodman Unit. San Bernardino County. From BLM Maps: Newberry 
Springs 1978 and Victorville 1978. (Index map location C).
    San Bernardino Meridian: T. 6 N., R. 1 E., secs. 1-6, 10-15, 22-27, 
and 34-36; T. 6 N., R. 2 E., secs. 1-11, 14-22, and 28-33; T. 7 N., R. 1 
W., secs. 1-4, 9-15, 22-26, 35, and 36 except those portions of secs. 4, 
9, 10, 15, 22, 23, 26, and 35 lying southwesterly of State Hwy. 247; T. 
7 N., R. 1 E.; T. 7 N., R. 2 E.; T. 7 N., R. 3 E.; T. 7 N., R. 4 E.; T. 
7 N., R. 5 E., secs. 4-9 and 17-19 except those portions of secs. 4, 8, 
9, and 17-19 lying southerly of the northern boundary of Twentynine 
Palms Marine Corps Base; T. 8 N., R. 1 W., secs. 1-18, 20-29, and 32-36 
except those portions of secs. 6, 7, 17, 18, 20, 29, 32, and 33 lying 
southwesterly of State Hwy. 247; T. 8 N., R. 1 E.; T. 8 N., R. 2 E., 
secs. 2-36; T. 8 N., R. 3 E., secs. 7 and 18-36; T. 8 N., R. 4 E., secs. 
13-16 and 18-36; T. 8 N., R. 5 E., secs. 16-18, 19-21, 28-30, and 31-33 
except those portions of secs. 16 and 17 lying northerly of Interstate 
Hwy. 40; T. 8 N., R. 6 E., secs. 18-21 and 27-36 except those portions 
of secs. 18-21, 27, 28, 34, and 35 lying northerly of Interstate Hwy. 
40; T. 9 N., R. 1 W., secs. 19, 20, and 25-36 except those portions of 
secs. 19, 20, and 29-31 lying westerly of State Hwy. 247; T. 9 N., R. 1 
E., secs. 25-36 except those portions of secs. 25-27 lying northerly of 
Interstate Hwy. 40; T. 9 N., R. 2 E., secs. 27-35 except those portions 
of secs. 27-30 lying northerly of Interstate Hwy. 40.
[GRAPHIC] [TIFF OMITTED] TC01JN91.062

    4. Chuckwalla Unit. Imperial and Riverside Counties. From BLM Maps: 
Chuckwalla #18 1978, Parker-Blythe #16 1978, Salton Sea #20 1978, and 
Midway Well #21 1979. (Index map location D).
    San Bernardino Meridian: T. 3 S., R. 13 E., secs. 19-21 and 27-35; 
T. 4 S., R. 8 E., secs. 1-6, 8-16, 22-26, and 36; T. 4 S., R. 9 E., 
secs. 6-10, and 15-36; T. 4 S., R. 10 E., secs. 19-21, and 27-34; T. 4 
S., R. 13 E., secs. 2-36 except secs. 12 and 13; T. 4 S., R. 14 E., 
secs. 27-36; T. 4 S., R. 15 E., secs. 31 and 32; T. 5 S., R. 9 E., secs. 
1-4, 12, 13, and 24; T. 5 S., R. 10 E., secs. 2-36 except sec. 31; T. 5 
S., R. 11 E., secs. 19-21 and 28-33; T. 5 S., R. 12 E., sec. 36; T. 5 
S., R. 13 E., secs. 1-36 except secs. 6 and 7; T. 5 S., R. 14 E.; T. 5 
S., R. 15 E., secs. 4-9, 16-21, 25, S \1/2\ sec. 26, S \1/2\ sec. 27, 
and secs. 28-36; T. 5 S., R. 16 E., secs. 28-35; T. 6 S., R. 10 E., 
secs. 1-4, 9-16, 21-26, 35 and 36; T. 6 S., R. 11 E., secs. 4-36; T. 6 
S., R. 12 E.; T. 6 S., R. 13 E.; T. 6 S., R. 14 E.; T. 6 S., R. 15 E.; 
T. 6 S., R. 16 E.; T. 6 S., R. 17 E., secs. 5-9, and 14-36; T. 6 S., R. 
18 E., secs. 29-36; T. 6 S., R. 19 E., secs. 31-36; T. 6 S., R. 20 E., 
secs. 31-34; T. 7 S., R. 11 E., sec. 1; T. 7 S., R. 12 E., secs. 1-6, 9-
15, and 23-25; T. 7 S., R. 13 E., secs. 1-30 and 31-36; T. 7 S., R. 14 
E.; T. 7 S., R. 15 E.; T. 7 S., R. 16 E.; T. 7 S., R. 17 E.; T. 7 S., R. 
18 E.; T. 7 S., R. 19 E.; T. 7 S., R. 20 E., secs. 3-10, 14-23, and 26-
35; T. 8 S., R. 13 E., secs. 1, 2, and 11-14; T. 8 S., R. 14 E., secs. 
1-18, and secs. 21-26; T. 8 S., R. 15 E., secs. 1-30 and 34-36; T. 8 S., 
R. 16 E.; T. 8 S., R. 17 E.; T. 8 S., R. 18 E.; T. 8 S., R. 19 E.; T. 8 
S., R. 20 E., secs. 3-10, 15-22, and 28-33; T. 9 S., R. 15 E., sec. 1; 
T. 9 S., R. 16 E., secs. 1-17, 20-29, and 32-36; T. 9 S., R. 17 E.; T.

[[Page 373]]

9 S., R. 18 E.; T. 9 S., R. 19 E.; T. 9 S., R. 20 E., secs. 5-8, 17-20, 
and 29-33; T. 10 S., R. 16 E., secs. 1-5, 9-16, and 22-26; T. 10 S., R. 
17 E.; T. 10 S., R. 18 E.; T. 10 S., R. 19 E.; T. 10 S., R. 20 E., secs. 
3-36; T. 10 S., R. 21 E., secs. 18-21 and 28-34; T. 10 \1/2\ S., R. 21 
E., secs. 31-33; T. 11 S., R. 17 E., secs. 1-5 and 8-15; T. 11 S., R. 18 
E., secs. 1-24; T. 11 S., R. 19 E., secs. 1-26, 35, and 36; T. 11 S., R. 
20 E., secs. 1-23 and 26-34; T. 11 S., R. 21 E., secs. 4-8; T. 12 S., R. 
19 E., secs. 1, 2, 11-14, 23-26, 35, and 36; T. 12 S., R. 20 E., secs. 
3-10, 15-22, and 27-34; T. 13 S., R. 19 E., secs. 1, 2, 11, 12, 22-27, 
and 34-36; T. 13 S., R. 20 E., secs. 3-10, 14-23, and 26-34.
[GRAPHIC] [TIFF OMITTED] TC01JN91.063

    5. Pinto Mountain Unit. Riverside and San Bernardino Counties. From 
BLM Maps: Yucca Valley 1982, Sheep Hole Mountains 1978, Chuckwalla 1978, 
and Palm Springs #17 1978. (Index map location E).
    San Bernardino Meridian: T. 1 S., R. 9 E., secs. 10-15, 24, 25, and 
36; T. 1 S., R. 10 E., secs. 7-36; T. 1 S., R. 11 E., secs. 7-36; T. 1 
S., R. 12 E., secs. 7-36 except sec. 12; T. 1 S., R. 13 E., secs. 13-36; 
T. 1 S., R. 14 E., secs. 13-32; T. 1 S., R. 15 E., secs. 13-30 and 36; 
T. 1 S., R. 16 E., secs. 18, 19, and 30-32; T. 2 S., R. 9 E., secs. 1, 
12, and 13; T. 2 S., R. 10 E., secs. 1-24; T. 2 S., R. 11 E., secs. 1-
24; T. 2 S., R. 12 E., secs. 1-22 except sec. 13; T. 2 S., R. 13 E., 
secs. 3-6; T. 2 S., R. 15 E., sec. 1; T. 2 S., R. 16 E., secs. 4-9, 16, 
17, 20, 21, 28, 29, 32, and 33; T. 3 S., R. 16 E., secs. 4, 5, 8, and 9.
[GRAPHIC] [TIFF OMITTED] TC01JN91.064

    6. Chemehuevi Unit. San Bernardino County. From BLM Maps: Sheep Hole 
Mts. 1978, Parker 1979, Needles 1978, and Amboy 1991. (Index map 
location F).
    San Bernardino Meridian: T. 1 S., R. 22 E., those portions of secs. 
3-5 lying northwesterly of the Atchison Topeka and Santa Fe Railroad; T. 
1 S., R. 23 E., those portions of secs. 1-3 lying northerly of the 
Atchison Topeka and Santa Fe Railroad except that portion of sec. 1 
lying easterly of U.S. Hwy. 95; T. 1 N., R. 22 E., secs. 1-4, 9-16, 20-
29, and 32-36 except those portions of secs. 34-36 lying southerly of 
the Atchison Topeka and Santa Fe Railroad; T. 1 N., R. 23 E., secs. 1-36 
except those portions of secs. 31-34 lying southerly of Atchison Topeka 
and Santa Fe Railroad; T. 1 N., R. 24 E., secs. 4-9, 16-21, and 29-31; 
T. 2 N., R. 18 E., secs. 1-5, and 9-14; T. 2 N., R. 19 E., secs. 2-10, 
and 16-18; T. 2 N., R. 22 E., secs. 1-5, 8-16, 21-28, and 33-36; T. 2 
N., R. 23 E., secs. 5-8, 17-21, and 26-36; T. 2 N., R. 24 E., secs. 31 
and 32; T. 3 N., R. 17 E., secs. 12, 13, 24, and 25; T. 3 N., R. 18 E.; 
T. 3 N., R. 19 E., secs. 1-35; T. 3 N., R. 20 E., secs. 5-8, 18, and 19; 
T. 3 N., R. 21 E., secs. 1-5, 9-16, 23, and 24; T. 3 N., R. 22 E., secs. 
1-36 except sec. 31; T. 3 N., R. 23 E., secs. 2-11, 14-22, and 28-32; T. 
4 N., R. 18 E., secs. 1, 2, 10-15, 21-28, and 32-36; T. 4 N., R. 19 E.; 
T. 4 N., R. 20 E., secs. 1-12, 16-20, and 29-32; T. 4 N., R. 21 E., 
secs. 1-17, 20-29, and 32-36; T. 4 N., R. 22 E.; T. 4 N., R. 23 E., 
secs. 1-35; T. 4 N., R. 24 E., Secs 6, 7, 18, and 19; T. 5 N., R. 15 E., 
secs. 1-6; T. 5 N., R. 16 E., secs. 4-6; T. 5 N., R. 18 E., secs. 1-6, 
8-17, 22-26, 35, and 36; T. 5 N., R. 19 E.; T. 5 N., R. 20 E.; T. 5 N., 
R. 21 E.; T. 5 N., R. 22 E., secs. 2-36; (Unsurveyed) T. 5 N., R. 23 E., 
protracted secs. 19, and 29-33; T. 6 N., R. 14 E., secs. 1-3, 10-15, and 
23-25; T. 6 N., R. 15 E.; T. 6 N., R. 16 E., secs. 1-23, and 27-34; T. 6 
N., R. 17 E., secs. 1-18, 22-26, and 36; T. 6 N., R. 18 E.; T. 6 N., R. 
19 E.; T. 6 N., R. 20 E.; T. 6 N., R. 21 E.; T. 6 N., R. 22 E., secs. 3-
10, 15-23, and 26-35; T. 7 N., R. 14 E., secs. 1-5, 8-17, 21-28, and 33-
36; T. 7 N., R. 15 E.; T. 7 N., R. 16 E.; T. 7 N., R. 17 E.; T. 7 N., R. 
18 E.; T. 7 N., R. 19 E.; T. 7 N., R. 20 E.; T. 7 N., R. 21 E.; T. 7 N., 
R. 22 E., secs. 18-20, and 28-34; T. 8 N., R. 14 E., secs. 13, 23-28, 
and 31-36 except those portions of secs. 13, 23, 24, 26, 27, 28, 31, 32, 
and 33 lying northwesterly of Interstate Hwy. 40; T. 8 N., R. 15 E., 
secs. 9-36 except those portions of secs. 9-12, 17, and 18 lying 
northwesterly of Interstate Hwy. 40; T. 8 N., R. 16 E., secs. 1, 2, and 
7-36 except those portions of secs. 1, 2, and 7-10 and 11 lying 
northerly of Interstate Hwy. 40; T. 8 N., R. 17 E., secs. 1-36 except 
those portions of secs. 1-6 lying northerly of Interstate Hwy. 40; T. 8 
N., R. 18 E., secs. 1-36 except that portion of sec. 6 lying northerly 
of Interstate Hwy. 40; T. 8 N., R. 19 E.; T. 8 N., R. 20 E.; T. 8 N., R. 
21 E., secs. 7, 17-21, and 27-35; T. 9 N., R. 18 E., those portions of 
secs. 31-36 lying southerly of Interstate Hwy. 40; T. 9 N., R. 19 E., 
secs. 23-29 and 31-36 except those portions of secs.

[[Page 374]]

23, 24, 26-29, 31, and 32 lying northerly of Interstate Hwy. 40; T. 9 
N., R. 20 E., secs. 19, 20, and 29-33 except those portions of secs. 19 
and 20 lying northerly of Interstate Hwy. 40 and S\1/2\ S\1/2\ sec. 27, 
SW\1/4\ SW\1/4\ sec. 26, and W\1/2\ W\1/2\ sec. 35.
[GRAPHIC] [TIFF OMITTED] TC01JN91.065

    7. Ivanpah Unit. San Bernardino County. From BLM Maps: Amboy 1991, 
Ivanpah 1979, and Mesquite Lake 1990. (Index map location G).
    San Bernardino Meridian: T. 9 N., R. 12 E., secs. 1, 2, 11-14, and 
24; T. 9 N., R. 13 E., secs. 4-9, 16-21, and 28-30; T. 10 N., R. 12 E., 
secs. 25, 35, and 36; T. 10 N., R. 13 E., secs. 3-10, 16-21, and 28-33; 
T. 11 N., R. 12 E., secs. 1, 12, 13, 24, 25, and 36; T. 11 N., R. 13 E., 
secs. 1-12, 15-21, and 28-33; T. 11 N., R. 14 E., sec. 6; T. 12 N., R. 
11 E., secs. 1-5 and 9-15; T. 12 N., R. 12 E., secs. 1-18, 21-27, 35, 
and 36; T. 12 N., R. 13 E.; T. 12 N., R. 14 E., secs. 4-9, 16-21, and 
29-32; T. 13 N., R. 10 E., secs. 1-5, 10-14, 24, and 25; T. 13 N., R. 11 
E.; T. 13 N., R. 12 E.; T. 13 N., R. 13 E.; T. 13 N., R. 14 E., secs. 3-
9, 16-21, and 28-33; T. 14 N., R. 9 E., secs. 1, 12, 13, and 24; T. 14 
N., R. 10 E.; (Unsurveyed) T. 14 N., R. 11 E., Protracted secs. 1-35; T. 
14 N., R. 11 E., sec. 36; T. 14 N., R. 12 E.; T. 14 N., R. 13 E.; T. 14 
N., R. 14 E., secs. 1-5, 8-17, and 19-35; T. 14 N., R. 15 E., secs. 1-
12, and 14-22; T. 14 N., R. 16 E., sec. 6; T. 15 N., R. 9 E., secs. 24, 
25, and 36; T. 15 N., R. 10 E., secs. 1-36 except sec. 6; T. 15 N., R. 
11 E.; T. 15 N., R. 12 E.; T. 15 N., R. 13 E., secs. 3-11 and 14-36; T. 
15 N., R. 14 E., secs. 12, 13, 23-28, and 33-36; T. 15 N., R. 15 E.; T. 
15 N., R. 16 E., secs. 1-11, 14-22, and 28-33; T. 15\1/2\ N., R. 14 E., 
secs. 24 and 25; T. 15\1/2\ N., R. 15 E., secs. 19-36; T. 15\1/2\ N., R. 
16 E., secs. 19-35; T. 16 N., R. 10 E., secs. 25, 35, and 36; T. 16 N., 
R. 11 E.; T. 16 N., R. 12 E.; T. 16 N., R. 12\1/2\ E., secs. 12, 13, 24, 
25, and 36; T. 16 N., R. 13 E., secs. 7, 17-20, and 29-33; T. 16 N., R. 
14 E., secs. 24, 25, 35, and 36 except those portions of secs. 24 and 35 
lying northwesterly of Interstate Hwy. 15; T. 16 N., R. 15 E., secs. 1-
3, 10-14, and 23-36; T. 16 N., R. 16 E., secs. 6-8, 16-22, and 26-36; T. 
17 N., R. 11 E., secs. 1-5, 8-17, 20-29, and 31-36; T. 17 N., R. 12 E., 
secs. 3-10, 14-23, and 26-36; T. 18 N., R. 11 E., secs. 13, 14, 22-28, 
and 33-36; T. 18 N., R. 12 E., secs. 18-20, and 28-33.
[GRAPHIC] [TIFF OMITTED] TC01JN91.066

    8. Piute-Eldorado Unit. San Bernardino County. From BLM Maps: Amboy 
1991, Needles 1978, and Ivanpah 1979. (Index map location H).
    San Bernardino Meridian: T. 8 N., R. 14 E., secs. 1-4, 8-17, 19-24, 
26-30, 32, and 33 except those portions of secs. 13, 23, 24, 26-28, 32, 
and 33 lying southeasterly of Interstate Hwy. 40; T. 8 N., R. 15 E., 
secs. 1-12, 17, and 18 except those portions of secs. 1, 8-12, 17, and 
18 lying southeasterly of Interstate Hwy. 40; T. 8 N., R. 16 E., secs. 
1-10 except those portions of sections 1-3 and 6-10 lying southerly of 
Interstate Hwy. 40; T. 8 N., R. 17 E., those portions of secs. 1-6 lying 
northerly of Interstate Hwy. 40; T. 9 N., R. 14 E., secs. 1-3, 10-15, 
22-28, and 33-36; T. 9 N., R. 15 E.; T. 9 N., R. 16 E.; T. 9 N., R. 17 
E., secs. 1-36 except that portion of sec. 36 lying southerly of 
Interstate Hwy. 40; T. 9 N., R. 18 E., secs. 1-36 except those portions 
of secs. 31-36 lying southerly of Interstate Hwy. 40; T. 9 N., R. 19 E., 
secs. 1-24 and 26-32 except those portions of secs. 26-29, 31, and 32 
lying southerly of Interstate Hwy. 40; T. 9 N., R. 20 E., secs. 3-8 and 
17-20 except those portions of secs. 19 and 20 lying southerly of 
Interstate Hwy. 40; T. 10 N., R. 14 E., secs. 11-14, 22-27, and 34-36; 
T. 10 N., R. 15 E., secs. 1-3, 9-16, and 18-36; T. 10 N., R. 16 E.; T. 
10 N., R. 17 E.; T. 10 N., R. 18 E.; T. 10 N., R. 19 E.; T. 10 N., R. 20 
E.; T. 10 N., R. 21 E., secs. 3-10, 15-22, and 28-31; T. 11 N., R. 15 
E., secs. 9, 15, 16, 21, 22, 25-29, and 33-36; T. 11 N., R. 16 E., secs. 
9, 15, 16, 21-23, 25-28, 31, and 33-36; T. 11 N., R. 17 E., secs. 8, 12-
17, and 19-36; T. 11 N., R. 18 E., secs. 1-4 and 7-36; T. 11 N., R. 19 
E., secs. 1-13, 18, 19, 23-27, and 29-36; T. 11 N., R. 20 E., secs. 1-
11, 14-23, and 26-35; T. 12 N., R. 19 E.; T. 12 N., R. 20 E., secs. 3-11 
and 13-36; T. 12 N., R. 21 E., secs. 19, 30, and 31; T. 13 N., R. 19 E., 
secs. 3-

[[Page 375]]

11 and 13-36; T. 13 N., R. 20 E., secs. 19 and 29-33; T. 14 N., R. 19 
E., secs. 19 and 29-33.
[GRAPHIC] [TIFF OMITTED] TC01JN91.067

    Nevada. Areas of land as follows:
    9. Piute-Eldorado Unit. Clark County. From BLM Maps: Mesquite Lake 
1990, Boulder City 1978, Ivanpah 1979, and Davis Dam 1979. (Index map 
location H).
    Mt. Diablo Meridian: T. 23 S., R. 64 E., secs. 31-36 except that 
portion of sec. 31 lying northwesterly of the powerline and also except 
those portions of secs. 34-36 lying northeasterly of the powerline; T. 
23 \1/2\ S., R. 64 E., secs. 31-36 except that portion of sec. 31 lying 
northwesterly of the powerline; T. 23 \1/2\ S., R. 65 E., that portion 
of sec. 31 lying southwesterly of the powerline; T. 24 S., R. 63 E., 
secs. 1, 2, 11-15, 22-28, and 33-36 except those portions of secs. 1, 2, 
11, 14, and 15 lying northwesterly of the powerline and those portions 
of secs. 22, 27, 28, and 33 lying northwesterly of U.S. Hwy. 95; T. 24 
S., R. 64 E.; T. 24 S., R. 65 E., secs. 6, 7, 18, 19, 30, and 31; T. 25 
S., R. 61 E., secs. 13-15, E \1/2\ sec. 16, E \1/2\ sec. 21, secs. 22-
27, E \1/2\ sec. 28, secs. 35 and 36; T. 25 S., R. 62 E., secs. 4-9, and 
secs. 16-36; T. 25 S., R. 63 E., secs. 1-4, 9-16, and 19-36 except those 
portions of secs. 4, 9, and 16 lying northwesterly of U.S. Hwy. 95; T. 
25 S., R. 64 E., secs. 1-35 except secs. 13, 24, and 25,; T. 25 S. R. 65 
E., sec. 6; T. 26 S., R. 61 E., secs. 1, 2, 11-14, 24, 25, and 36; T. 26 
S., R. 62 E., secs. 1-36 except secs. 28 and 33; T. 26 S., R. 63 E., 
secs. 2-36 except sec. 12; T. 26 S., R. 64 E., secs. 18-20, and 29-33; 
T. 27 S., R. 62 E., secs. 1-3, 5-8, 10-15, 22-26, 35, and 36; T. 27 S., 
R. 62 \1/2\ E., secs. 1, 12, 13, 24, 25, and 36; T. 27 S., R. 63 E.; T. 
27 S., R. 64 E., secs. 4-9, 16-21, and 26-36; T. 27 S., R. 65 E., secs. 
31-35; T. 28 S., R. 62 E., secs. 1-3, 9-16, 21-28, and 33-36; T. 28 S., 
R. 63 E., secs. 1-20, and 29-32; T. 28 S., R. 64 E., secs. 1-18, 21-26, 
35, and 36; T. 28 S., R. 65 E., secs. 2-11, 14-21, and 28-35; T. 29 S., 
R. 62 E., secs. 1-4, 9-16, 21-28, 34, 35 and 36; T. 29 S., R. 63 E., 
secs. 5-10, 15-23, and 26-36; T. 29 S., R. 64 E., secs. 1-3, 9-16, 21-
28, and 31-36; T. 29 S., R. 65 E., secs. 2-36 except secs. 12 and 13; T. 
29 S., R. 66 E., secs. 30-32; T. 30 S., R. 62 E., secs. 1, 2, and 11-14; 
T. 30 S., R. 63 E., secs. 1-36 except secs. 30 and 31; T. 30 S., R. 64 
E.; T. 30 S., R. 65 E., secs. 1-26, 30, 31, 35, and 36; T. 30 S., R. 66 
E., secs. 4-9, 16-21, and 28-33; T. 31 S., R. 63 E., secs. 1-5, 8-16, 
22-26, and 36; T. 31 S., R. 64 E.; T. 31 S., R. 65 E., secs. 1, 2, 6, 
11-14, and 23-36 except that portion of sec. 36 lying southwesterly of 
State Hwy. 163; T. 31 S., R. 66 E., secs. 3-10, 15-22, and 27-34 except 
that portion of sec. 31 lying southwesterly of State Hwy. 163; T. 32 S., 
R. 64 E., secs. 1-6, 8-16, 22-26, and 36; T. 32 S., R. 65 E., secs. 1-
12, 17-20, and 29-32 except those portions of secs. 1 and 9-12 lying 
southeasterly or easterly of State Hwy. 163; T. 32 S., R. 66 E., those 
portions of secs. 3-6 lying northerly of State Hwy. 163; T. 33 S., R. 65 
E., sec. 5.
[GRAPHIC] [TIFF OMITTED] TC01JN91.068

    10. Mormon Mesa Unit. Clark and Lincoln Counties. From BLM Maps: 
Pahranagat 1978, Clover Mts. 1978, Overton 1978, Indian Springs 1979, 
Lake Mead 1979, and Las Vegas 1986. (Index map location I).
    Mt. Diablo Meridian: T. 9 S., R. 62 E., secs. 13-15, 22-27, and 34-
36 except those portions of secs. 15, 22, 27, and 34 lying westerly of 
the easterly boundary line of the Desert National Wildlife Range; T. 9 
S., R. 63 E., secs. 18, 19, 30, and 31; T. 10 S., R. 62 E., secs. 1, 2, 
11-14, 23-25, and 36 except those portions of secs. 14, 23, 35, and 36 
lying westerly of the easterly boundary line of the Desert National 
Wildlife Range; T. 10 S., R. 63 E., secs. 6, 7, 13-15, 18-20, and 22-36; 
T. 10 S., R. 64 E., secs. 13-24 and 26-34; T. 10 S., R. 65 E., secs. 18, 
and 19; T. 11 S., R. 62 E., that portion of sec. 1 lying easterly of the 
easterly boundary line of the Desert National Wildlife Range; T. 11 S., 
R. 63 E.; T. 11 S., R. 64 E., secs. 4-9, 17-20, 30, and 31; T. 11 S., R. 
66 E., secs. 31-36; T. 12 S., R. 63 E.; T. 12 S., R. 64 E., secs. 6, 7, 
and 25-36; T. 12 S., R. 65 E., secs. 1, 12, 13, and 24-36 except those 
portions of secs. 1, 2, 13, and 24 lying westerly of Union Pacific 
Railroad; T. 12 S., R. 66 E.; T. 12 S., R. 67 E., secs. 6-8, 16-22, and 
27-33; T. 12 S., R. 68 E.,

[[Page 376]]

secs. 23-29 and 31-36; T. 12 S., R. 69 E., secs. 1-5, 8-17, and 19-36; 
T. 12\1/2\ S., R. 62 E., that portion of sec. 36 lying easterly of the 
easterly boundary line of the Desert National Wildlife Range; T. 13 S., 
R. 62 E., those portions of secs. 1, 12, 13, 24, and 25 lying easterly 
of the easterly line of the Desert National Wildlife Range; T. 13 S., R. 
63 E.; T. 13 S., R. 64 E.; T. 13 S., R. 65 E., secs. 1-24, N \1/2\ 26, N 
\1/2\ 27, N \1/2\ and SW \1/4\ sec. 28, 29-32, and W \1/2\ 33; T. 13 S., 
R. 66 E., secs. 1-26, W \1/2\ sec. 27, 35, and 36; T. 13 S., R. 67 E.; 
T. 13 S., R. 68 E., secs. 1-36 except those portions of secs. 25 and 33-
36 lying southeasterly of Interstate Hwy. 15; T. 13 S., R. 69 E., secs. 
1-30 except those portions of secs. 25-30 lying southerly of Interstate 
Hwy. 15; T. 13 S., R. 70 E., secs. 6, 7, 18, 19, 30, and 31 except those 
portions of secs. 30 and 31 lying southerly of Interstate Hwy. 15; T. 
13\1/2\ S., R. 63 E., secs. 31-36; T. 13\1/2\ S., R. 64 E., secs. 31-36 
except that portion of sec. 36 lying southwesterly of State Hwy. 168; T. 
14 S., R. 63 E., secs. 1-23, and 26-35; T. 14 S., R. 64 E., secs. 2-6, 
8-11, 15, and 16; T. 14 S., R. 66 E., secs. 1, E \1/2\ sec. 2, 12, E \1/
2\ sec. 13, and E \1/2\ sec. 24; T. 14 S., R. 67 E., secs. 1-12 and 14-
22 except those portions of secs. 12, 14, 15, 21, and 22 lying southerly 
of Interstate Hwy. 15; T. 14 S., R. 68 E., those portions of secs. 4-7 
lying northwesterly of Interstate Hwy. 15; T. 15 S., R. 63 E., secs. 2-
11, 14-22, and 27-34; T. 16 S., R. 63 E., secs. 3-10, 15-22, and 28-33; 
T. 17 S., R. 63 E., secs. 7-9, 16-21, and 28-32 except those portions of 
secs. 29 and 32 lying easterly of the westerly boundary line of the Apex 
Disposal Road; T. 18 S., R. 63 E., secs. 5-8, 17-19, and 29-31 except 
those portions of secs. 5, 8, 17-19, and 29-31 lying easterly of the 
westerly boundary line of the Apex Disposal Road and that portion of 
sec. 31 lying westerly of the easterly boundary line of Desert National 
Wildlife Range.
[GRAPHIC] [TIFF OMITTED] TC01JN91.069

    11. Gold Butte-Pakoon Unit. Clark County. From BLM Maps: Overton 
1978 and Lake Mead 1979. (Index map location J).
    Mt. Diablo Meridian: T. 13 S., R. 71 E., secs. 32-34; T. 14 S., R. 
69 E., secs. 24-26, and 34-36; T. 14 S., R. 70 E., secs. 1, and 10-36; 
T. 14 S., R. 71 E., secs. 3-10, 15-22, and 27-34; T. 15 S., R. 69 E., 
secs. 1-3, 9-16, 21-28, and 33-36; T. 15 S., R. 70 E., secs. 2-11, 15-
22, and 28-33; T. 16 S., R. 69 E., secs. 1-36 except secs. 6, 7, and 29-
32; T. 16 S., R. 70 E., secs. 4-36 except sec. 12; T. 16 S., R. 71 E., 
secs. 19, and 29-32; T. 17 S., R. 69 E., secs. 1-3, 11-14, 24, 25, and 
36; T. 17 S., R. 70 E.; T. 17 S., R. 71 E., secs. 4-10, 15-22, and 27-
34; T. 18 S., R. 69 E., sec. 1; T. 18 S., R. 70 E., secs. 1-6, 10-15, 
22-27, and 34-36; T. 18 S., R. 71 E., secs. 3-10, 15-22, and 27-34; T. 
19 S., R. 71 E., secs. 3, 4, 9, 10, 15, 16, 21, 22, 27, 28, 33 and 34; 
T. 20 S., R. 71 E., secs. 3 and 4.

[[Page 377]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.070

    12. Beaver Dam Slope Unit. Lincoln County. From BLM Maps: Clover 
Mountains 1978 and Overton 1978. (Index map location K).
    Mt. Diablo Meridian: T. 8 1/2 S., R. 71 E., that portion of sec. 34 
lying south of a westerly extension of the north line of sec. 26, T. 41 
S., R. 20 W. (Salt Lake Meridian), Washington County, Utah; T. 9 S., R. 
71 E., secs. 3, 10, 15-17, 20-22, 27-29, and 32-34; T. 10 S., R. 70 E., 
secs. 19-36; T. 10 S., R. 71 E., secs. 3-5, 7-10, 15-22, and 27-34; T. 
11 S., R. 70 E.; T. 11 S., R. 71 E., secs. 3-10, 15-22, and 27-34; T. 12 
S., R. 70 E., secs. 1-12, 14-23, and 28-33; T. 12 S., R. 71 E., secs. 3-
10.
[GRAPHIC] [TIFF OMITTED] TC01JN91.071

    Utah. Areas of land as follows:
    13. Beaver Dam Slope Unit. Washington County. From BLM Maps: St. 
George 1980 and Clover Mts. 1978. (Index map location K).
    Salt Lake Meridian: T. 40 S., R. 19 W., S 1/2 sec. 28, S 1/2 sec. 
29, S 1/2 sec. 31, secs. 32 and 33; T. 41 S., R. 19 W., S 1/2 sec. 2, S 
1/2 sec. 3, secs. 4, 5, 6, E 1/2 sec. 7, secs. 8-11, 15-17, E 1/2 sec. 
18, and secs. 19-22, and 28-33; T. 41 S., R. 20 W., E 1/2 sec. 1, secs. 
24-26, 35, and 36; T. 42 S., R. 19 W., secs. 4-9, 16-22, and 27-34; T. 
42 S., R. 20 W., secs. 1, 2, 11-14, 23-26, 35, and 36; T. 43 S., R. 18 
W., secs. 7, 8, S 1/2 sec. 16, secs. 17-21, and 27-34; T. 43 S., R. 19 
W., secs. 1-36 except N 1/2 sec. 1; T. 43 S., R. 20 W., secs. 1, 2, 11-
14, 23-26, 35, and 36.
[GRAPHIC] [TIFF OMITTED] TC01JN91.072

    14. Upper Virgin River Unit. Washington County. From BLM Map: St. 
George 1980. (Index map location L).
    Salt Lake Meridian: T. 41 S., R. 13 W., secs. 17-21 except NW 1/4 NW 
1/4 sec. 18, also W 1/2 and W 1/2 E 1/2 sec. 27, sec. 28 except that 
portion lying westerly of Gould Wash, N 1/2 sec. 29, N 1/2 sec. 30, N 1/
2 N 1/2 sec. 33 except that portion lying westerly of Gould Wash, and N 
1/2 NW 1/4 and NW 1/4 NE 1/4 sec. 34; T. 41 S., R. 14 W., S 1/2 S 1/2 
and NE 1/4 SE 1/4 and SE 1/4 NE 1/4 sec. 13, that portion of sec. 14 
lying westerly of Red Cliff Road, secs. 15-17 except N 1/2 NW 1/4 and SW 
1/4 NW 1/4 sec. 17, secs. 19-22, that portion of sec. 23 lying westerly 
of Red Cliff Road and westerly of Interstate Hwy. 15, sec. 24, E 1/2 and 
N 1/2 SE 1/4 and SW 1/4 SE 1/4 sec. 25, and those portions of secs. 26, 
27, and 32-34 lying northwesterly of Interstate Hwy. 15; T. 41 S., R. 15 
W., secs. 14, 19, 20, and 22-36; T. 41 S., R. 16 W., secs. 4, 9, 10, S 
1/2 sec. 14, 15-16, 19, 21, W 1/2 sec. 22, secs. 24-25 except W 1/2 SW 
1/4 sec. 24 and W 1/2 NW 1/4 and NW 1/4 SW 1/4 sec. 25, and W 1/2 W 1/2 
sec. 25, SW 1/4 NE 1/4 and NW 1/4 NW 1/4 and S 1/2 NW 1/4 and SW 1/4 and 
W 1/2 SE 1/4 sec. 27, E 1/2 and E 1/2 W 1/2 and NW 1/4 NW 1/4 and SW 1/4 
SW 1/4 sec. 28, N 1/2 and SE 1/4 and E 1/2 SW 1/4 sec. 30, NE 1/4 sec. 
31, N 1/2 sec. 32, N 1/2 and SE 1/4 and N 1/2 SW 1/4 sec. 33, sec. 34, 
SE 1/4 SE 1/4 and that portion of sec. 35 lying westerly of State Hwy. 
18, and sec. 36; T. 41 S., R. 17 W., secs. 9, 14-16, NE 1/4 sec. 21, N 
1/2 sec. 22, NW 1/4 and E 1/2 sec. 23, sec. 24, and NE 1/4 sec. 25; T. 
42 S., R. 14 W., those portions of secs. 5 and 6 lying northwesterly of 
Interstate Hwy. 15; T. 42 S., R. 15 W., sec. 1, N 1/2 and N 1/2 S 1/2 
sec. 2, NE 1/4 and W 1/2 sec. 3, secs. 4-9, W 1/2 W 1/2 sec. 10, N 1/2 N 
1/2 sec. 12, secs. 16-18, N 1/2 and N 1/2 SE 1/4 and NE 1/4 SW 1/4 sec. 
19, and W 1/2 NW 1/4 and NW 1/4 SW 1/4 sec. 20, except those portions of 
secs. 1 and 12 lying southeasterly of Interstate Hwy. 15; T. 42 S., R. 
16

[[Page 378]]

W., secs. 1-2, NW 1/4 and E 1/2 sec. 3, NE 1/4 NE 1/4 sec. 4, NE 1/4 
sec. 10, NW 1/4 and E 1/2 sec. 11-12, E 1/2 and NW 1/4 and N 1/2 SW 1/4 
sec. 13 except that portion lying westerly of State Hwy. 18, and N 1/2 
NE 1/4 sec. 24.
[GRAPHIC] [TIFF OMITTED] TC01JN91.073

    Arizona. Areas of land as follows:
    15. Beaver Dam Slope Unit. Mohave County. From BLM Maps: Overton 
1978 and Littlefield 1987. (Index map location K).
    Gila and Salt River Meridian: T. 41 N., R. 14 W., secs. 6, 7, 18, 
and 19; T. 41 N., R. 15 W., secs. 1-24, 26-28, 30, and 31; T. 41 N., R. 
16 W., secs. 1-5, 8-17, 20-29, and 32-36; T. 42 N., R. 14 W., sec. 31; 
T. 42 N., R. 15 W., secs. 31-36; T. 42 N., R. 16 W., secs. 32-36.
[GRAPHIC] [TIFF OMITTED] TC01JN91.074

    16. Gold Butte-Pakoon Unit. Mohave County. From BLM Maps: Overton 
1978, Littlefield 1987, Mount Trumbull 1986, and Lake Mead 1979. (Index 
map location J).
    Gila and Salt River Meridian: T. 32 N., R. 15 W., secs. 1-18 except 
those portions of secs. 13-18 lying south of the Lake Mead National 
Recreation area boundary line; T. 32 N., R. 16 W., secs. 1, 2, 12, and 
13; T. 32 1/2 N., R. 15 W., secs. 31-36; T. 32 1/2 N., R. 16 W., secs. 
35 and 36; T. 33 N., R. 14 W., secs. 4-8, 18, 19, and 28-31; T. 33 N., 
R. 15 W.; T. 33 N., R. 16 W., secs. 1-14, 17-20, 23-26, 29-32, 35, and 
36; T. 34 N., R. 14 W., secs. 4-9, 17-19, 30, 31, 33, and 34; T. 34 N., 
R. 15 W.; T. 34 N., R. 16 W.; T. 35 N., R. 14 W., secs. 3-9, 16-22, and 
28-35 ; T. 35 N., R. 15 W.; T. 35 N., R. 16 W.; T. 36 N., R. 14 W., 
secs. 2-11, 14-22, and 27-34; T. 36 N., R. 15 W.; T. 36 N., R. 16 W., 
secs. 1-36 except secs. 4-9; T. 37 N., R. 14 W., secs. 15, 22, 27, 31, 
and 33-35; T. 37 N., R. 15 W., secs. 5, 8, 17-22, and 27-36; T. 37 N., 
R. 16 W., sec. 35; T. 38 N., R. 15 W., sec. 6; T. 38 N., R. 16 W., secs. 
1-12 and 14-22; T. 39 N., R. 15 W., secs. 2-10, 16-21, and 29-32; T. 39 
N., R. 16 W., secs. 1, 12, 13, 20, 23-29, and 32-36; T. 40 N., R. 14 W., 
sec. 6; T. 40 N., R. 15 W., secs. 1, 10-15, and 21-36.
[GRAPHIC] [TIFF OMITTED] TC01JN91.075

    Primary constituent elements: Desert lands that are used or 
potentially used by the desert tortoise for nesting, sheltering, 
foraging, dispersal, or gene flow.

              Hawksbill Sea Turtle (Eretmochelys imbricata)

    Puerto Rico: (1) Isla Mona. All areas of beachfront on the west, 
south, and east sides of the island from mean high tide inland to a 
point 150 meters from shore. This includes all 7.2 kilometers of beaches 
on Isla Mona. (2) Culebra Island. The following areas of beachfront on 
the north shore of the island from mean high tide inland to a point 150 
meters from shore: Playa Resaca, Playa Brava, and Playa Larga. (3) Cayo 
Norte. South beach, from mean high tide inland to a point 150 meters 
from shore. (4) Isla Culebrita. All beachfront areas on the southwest 
facing shore, east facing shore, and northwest facing shore of the 
island from mean high tide inland to a point 150 meters from shore.
    Note: Maps follow.

[[Page 379]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.076

      
    [GRAPHIC] [TIFF OMITTED] TC01JN91.077
    
              Leatherback Sea Turtle (Dermochelys coriacea)

    U.S. Virgin Islands--A strip of land 0.2 mile wide (from mean high 
tide inland) at Sandy Point Beach on the western end of the island of 
St. Croix beginning at the southwest cape to the south and running 1.2 
miles northwest and then northeast along the western and northern 
shoreline, and from the southwest cape 0.7 mile east along the southern 
shoreline.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.078
    
       Plymouth Red-Bellied Turtle (Chrysemys rubriventris bangsi)

    Massachusetts (Plymouth County).

    An area including Briggs Reservoir, Cooks Pond, Little South Pond, 
South Triangle Pond, Great South Pond, Powderhorn Pond, Boat Pond, Hoyte 
Pond, Gunners Exchange Pond, Crooked Pond and Island Pond as follows: 
Beginning at the intersection of the centerline of the right-of-way of 
the Boston Edison and New Bedford Gas and Edison Light Company 
transmission lines and the westerly right-of-way line of Long Pond Road, 
thence southeasterly, along the westerly right-of-way line of Long Pond 
Road, 10,370 feet to the intersection of the said right-of-way line and 
the boundary line of the Myles Standish State Forest; thence southerly 
and westerly, along the boundary line of the Myles Standish State 
Forest, crossing and re-crossing Snake Hill Road, 11,200 feet, more or 
less; thence westerly, leaving the boundary line of the State Forest, 
1,550 feet, more or less, to the boundary line of the Myles Standish 
State Forest; thence westerly, along the boundary line of the Myles 
Standish State Forest, 9,180 feet, more or less, to the intersection of 
the boundary of the said State Forest and the easterly right-of-way line 
of the Algonquin Gas Transmission Company pipeline; thence northerly, 
along the easterly right-of-way line of the said pipeline, 6,223 feet, 
more or less, to the intersection of the easterly right-of-way line of 
the said pipeline and the northerly right-of-way line of Kings Pond 
Plain Road; thence northeasterly, along the northerly right-of-way line 
of said road 3,100 feet to a point; thence northerly, 800 feet, more or 
less, to the southerly right-of-way line of the Boston Edison and new 
Bedford Gas and Edison Light Company transmission

[[Page 380]]

lines; thence northwesterly, along the southerly right-of-way base of 
the said transmission lines, 4,150 feet, more or less, to the 
intersection of the southerly right-of-way line of the said transmission 
lines and the easterly right-of-way line of the Algonquin Gas 
Transmission Company pipeline; thence northerly, along the easterly 
right-of-way line of the said pipeline, 2,500 feet, more or less, to the 
intersection of the easterly right-of-way line of the said pipeline and 
the southerly right-of-way line of Black Cat Road; thence southeasterly, 
along the southerly right-of-way line of said road, crossing South Pond 
Road and continuing southeasterly, along the southerly right-of-way line 
of an unnamed road, 10,370 feet, more or less, to a point; thence 
southerly 2,300 feet, more or less, to the northerly right-of-way line 
of the Boston Edison and New Bedford Gas and Edison Light Company 
transmission lines, thence easterly, along the northerly right-of-way 
line of the said transmission lines, 1,300 feet, more or less, to the 
intersection of the northerly right-of-way line of the said transmission 
lines and the westerly right-of-way line of Long Pond Road; thence 
southerly, along the westerly right-of-way line of said road, 100 feet, 
more or less, the place of beginning.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.079
    

    (d) Amphibians.

                Golden Coqui (Eleutherodactylus jasperi)

    Puerto Rico. Areas of land, water and airspace with the following 
components: (1) Cerro Avispa-elevation above 700 meters on the south and 
southeastern slope of the mountain: from the northern junction of 
Highway 715 and an unnumbered dirt road southeast and southwest along 
Highway 715 to the southern junction with the same unnumbered dirt road 
and Highway 715, north and northeast along the unnumbered dirt road just 
below the southeast facing crest of Cerro Avispa to its junction with 
Highway 715.
    (2) Monte el Gato-entire summit above 700 meters: from the junction 
of Highway 715 to the junction of Highway 715 and the 700 meter contour 
interval west along Highway 715 to the junction of Highway 715 and an 
unnumbered road, north and northeast along this road to where it crosses 
the 700 meter contour interval, and east along the 700 meter contour 
interval to where it crosses Highway 715.
    (3) Sierra de Cayey-elevations above 700 meters: southeast from the 
junction of Highways 738 and 15 along Highway 15 to point .5 kilometer 
south of Benchmark 684.5, northeast from this point in a line to a point 
on Highway 7741 two kilometers south of the junction of Highway 738 and 
7741, north and northwest along Highway 7741 to its junction with 
Highway 738, and northwest from the junction of Highways 7741 and 738 
along Highway 738 to its junction with Highway 15.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.080
    

[[Page 381]]


    Refer to 7.5 minute U.S.G.S. Topographical Map, Cayey, Puerto Rico, 
1972.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.081
    
                  San Marcos Salamander (Eurycea nana)

    Texas, Hays County; Spring Lake and its outflow, the San Marcos 
River, downstream approximately 50 meters from the Spring Lake Dam.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.082
    
                    Houston Toad (Bufo houstonensis)

    Texas: Areas of land, water, and airspace as follows:
    (1) Bastrop County. From the junction of a line corresponding to 
30 deg.12'00" N. and Texas State Highway 95 east along a line 
corresponding to 30 deg.12'00" N. to where it intersects a line 
corresponding to 97 deg.7'30" W. and south along a line corresponding to 
97 deg.7'30" W. to where it intersects the Colorado River, west and 
northwest along the north bank of the Colorado River to the due 
southward extension of Texas State Highway 95, and north along that 
extension and Texas State Highway 95 to where it intersects a line 
corresponding to 30 deg.12'00" N.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.083
    
    (2) Burleson County. A circular area with a 1-mile radius, the 
center being the north entrance to Lake Woodrow from Texas FM 2000.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.084
    

    (e) Fishes.

                    Yaqui Catfish (Ictalurus pricei)

    Arizona, Cochise County. All aquatic habitats of San Bernardino NWR 
in S\1/2\ Sec. 11; Sec. 14; S\1/2\ and NE\1/4\ Sec. 15; T24S, R30E.
    Known constituent elements include clean unpolluted permanent water 
in streams with

[[Page 382]]

medium current with clear pools in the Rio Yaqui drainage. These waters 
should be without introduced exotic fishes.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.085
    
               Alabama Cavefish (Speoplatyrhinus poulsoni)

    Alabama. Lauderdale County. More Specific locality data for Federal 
agencies fulfilling their obligations under Section 7 of the Endangered 
Species Act of 1973 can be obtained from the Office of Endangered 
Species, U.S. Fish and Wildlife Service, Washington, DC 20240.

    Note: No map.

                      Bonytail Chub (Gila elegans)

    Description of areas taken from the Bureau of Land Management (BLM) 
1:100,000 scale maps (available from BLM State Offices): Rangely, CO 
1989; Canyon of Lodore, CO 1990; Seep Ridge, UT/CO 1982; La Sal, UT/CO 
1985; Hite Crossing, UT 1982; Parker, AZ/CA 1980; Davis Dam, AZ/NV/CA 
1982; Boulder City, NV/AZ 1978; Needles, CA 1986.
    Colorado: Moffat County. The Yampa River from the boundary of 
Dinosaur National Monument in T.6N., R.99W., sec. 27 (6th Principal 
Meridian) to the confluence with the Green River in T.7N., R.103W., sec. 
28 (6th Principal Meridian).
    Utah: Uintah County; and Colorado: Moffat County. The Green River 
from the confluence with the Yampa River in T.7N., R.103W., sec. 28 (6th 
Principal Meridian) to the boundary of Dinosaur National Monument in 
T.6N., R.24E., sec. 30 (Salt Lake Meridian).
    Utah: Uintah and Grand Counties. The Green River (Desolation and 
Gray Canyons) from Sumner's Amphitheater in T.12S., R.18E., sec. 5 (Salt 
Lake Meridian) to Swasey's Rapid in T.20S., R.16E., sec. 3 (Salt Lake 
Meridian).
    Utah: Grand County; and Colorado: Mesa County. The Colorado River 
from Black Rocks in T.10S., R.104W., sec. 25 (6th Principal Meridian) to 
Fish Ford in T.21S., R.24E., sec. 35 (Salt Lake Meridian).
    Utah: Garfield and San Juan Counties. The Colorado River from Brown 
Betty Rapid in T.30S., R.18E., sec. 34 (Salt Lake Meridian) to Imperial 
Canyon in T.31S., R.17E., sec. 28 (Salt Lake Meridian).
    Arizona: Mohave County; Nevada: Clark County; and California: San 
Bernardino County. The Colorado River from Hoover Dam in T.30N., R.23W., 
sec. 3 (Gila and Salt River Meridian) to Davis Dam in T.21N., R.21W., 
sec. 18 (Gila and Salt River Meridian) including Lake Mohave up to its 
full pool elevation.
    Arizona: Mohave County; and California: San Bernardino County. The 
Colorado River from the northern boundary of Havasu National Wildlife 
Refuge in R.22W., T.16N., sec. 1 (Gila and Salt River Meridian) to 
Parker Dam in T.11N., R.18W., sec. 16 (Gila and Salt River Meridian) 
including Lake Havasu up to its full pool elevation.
    Known constituent elements include water, physical habitat, and 
biological environment as required for each particular life stage for 
each species.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.086
    
                    Borax Lake Chub (Gila boraxobius)

    Oregon. Harney County. Borax Lake and environments associated with 
the outflow from Borax Lake located within SW\1/4\ Sec. 11, W\1/2\ Sec. 
14, E\3/4\ of the SE\1/4\ Sec. 15, and the SE\1/4\ of the NE\1/4\ Sec. 
15; T37S; R33E.
    Note: Map follows:

[[Page 383]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.087

                       Humpback Chub (Gila cypha)

    Description of areas taken from BLM 1:100,000 scale maps (available 
from BLM State Offices): Rangely, CO 1989; Canyon of Lodore, CO 1990; 
Seep Ridge, UT/CO 1982; Vernal, UT/CO 1982; Grand Junction, CO 1990; 
Moab, UT/CO 1985; La Sal, UT/CO 1985; Tuba City, AZ 1983; Peach Springs, 
AZ 1980; Grand Canyon, AZ 1980; Mt. Trumbull, AZ 1979.
    Colorado: Moffat County. The Yampa River from the boundary of 
Dinosaur National Monument in T.6N., R.99W., sec. 27 (6th Principal 
Meridian) to the confluence with the Green River in T.7N., R.103W., sec. 
28 (6th Principal Meridian).
    Utah: Uintah County; and Colorado: Moffat County. The Green River 
from the confluence with the Yampa River in T.7N., R.103W., sec. 28 (6th 
Principal Meridian) to the southern boundary of Dinosaur National 
Monument in T.6N., R.24E., sec. 30 (Salt Lake Meridian).
    Utah: Uintah and Grand Counties. The Green River (Desolation and 
Gray Canyons) from Sumner's Amphitheater in T.12S., R.18E., sec. 5 (Salt 
Lake Meridian) to Swasey's Rapid in T.20S., R.16E., sec. 3 (Salt Lake 
Meridian).
    Utah: Grand County; and Colorado: Mesa County. The Colorado River 
from Black Rocks in T.10S., R.104W., sec. 25 (6th Principal Meridian) to 
Fish Ford River in T.21S., R.24E., sec. 35 (Salt Lake Meridian).
    Utah: Garfield and San Juan Counties. The Colorado River from Brown 
Betty Rapid River in T.30S., R.18E., sec. 34 (Salt Lake Meridian) to 
Imperial Canyon in T.31S., R.17E., sec. 28 (Salt Lake Meridian).
    Arizona: Coconino County. The Little Colorado River from river mile 
8 in T.32N., R.6E., sec. 12 (Salt and Gila River Meridian) to the 
confluence with the Colorado River in T.32N., R.5E., sec. 1 (Salt and 
Gila River Meridian).
    Arizona: Coconino County. The Colorado River from Nautiloid Canyon 
in T.36N., R.5E., sec. 35 (Salt and Gila River Meridian) to Granite Park 
in T.30N., R.10W., sec. 25 (Salt and Gila River Meridian).
    Known constituent elements include water, physical habitat, and 
biological environment as required for each particular life stage for 
each species.
[GRAPHIC] [TIFF OMITTED] TC01JN91.088

                  Owens Tui Chub (Gila bicolor snyderi)

California, Mono County
    1. Hot Creek, adjacent springs and their outflows in the vicinity of 
Hot Creek Hatchery, and 50 feet of riparian habitat on all sides of the 
creek and springs in T3S, R28E, SW\1/4\ Section 35.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.089
    

[[Page 384]]


    2. Owens River, and 50 feet on both sides of the river, from Long 
Valley Dam downstream for 8 stream miles in T4S, R30E, Sections 19, 20, 
21, 22, 23, 24, 25, and 36.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.090
    
    Known constituent elements include high quality, cool water with 
adequate cover in the form of rocks, undercut banks, or aquatic 
vegetation and a sufficient insect food base.

               Slender Chub (Erimystax =(Hybopsis) cahni)

    Tennessee. Claiborne and Hancock Counties. Powell River, main 
channel from backwaters of Norris Lake upstream to the Tennessee-
Virginia State line. Clinch River, main channel from backwaters of 
Norris Lake upstream to the Tennessee-Virginia State line.
    Virginia. Lee and Scott Counties. Powell River, main channel from 
the Tennessee-Virginia State line upstream through Lee County, Va. 
Clinch River, main channel from the Tennessee-Virginia State line 
upstream through Scott County, Va.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.091
    
                       Sonora Chub (Gila ditaenia)

    Arizona, Santa Cruz County. An area of land and water in the 
Coronado National Forest, consisting of the following:
    1. Sycamore Creek, and a riparian zone 25 feet wide along each side 
of the creek, from Yank's Spring downstream approximately 5 stream miles 
to the International Border with Mexico within sections 14, 22, 23, 27, 
33, and 34, T. 23 S.; R. 11 E.
    2. Yank's Spring in the SE\1/4\ of the NW\1/4\ of sec. 14, T. 23 S.; 
R. 11 E.
    3. Penasco Creek, including a riparian zone 25 feet wide along each 
side of the creek, from its confluence with Sycamore Creek (SW\1/4\ of 
the SW\1/4\ of sec. 23, T. 23 S.; R. 11 E.) upstream approximately 1\1/
4\ miles to the east boundary of sec. 26, T. 23 S. R. 11 E.;
    4. An unnamed tributary to Sycamore Creek, from its confluence with 
Sycamore Creek (SW\1/4\ of the NW\1/4\ of sec. 23, T. 23 S.; R. 11 E.) 
upstream approximately \1/4\ mile to the west boundary of the NE\1/4\ of 
the SE\1/4\ of the NE\1/4\ sec. 22, T. 23 S.; R. 11 E.
    Note: Map follows:

[[Page 385]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.092

    Known primary constituent elements include clean permanent water 
with pools and intermediate riffle areas and/or intermittent pools 
maintained by bedrock or by subsurface flow in areas shaded by canyon 
walls.

              Spotfin Chub (Cyprinella (=Hybopsis) monacha)

    North Carolina. Macon and Swain Counties. Little Tennessee River, 
main channel from the backwaters of Fontana Lake upstream to the North 
Carolina-Georgia State line.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.093
    
    Tennessee. Cumberland, Fentress, and Morgan Counties. Emory and Obed 
Rivers and Clear and Daddys Creek in Morgan County. Clear Creek in 
Fentress County. Obed River upstream to U.S. Interstate Highway 40, 
Clear Creek upstream to U.S. Interstate Highway 40 and Daddys Creek 
upstream to U.S. Highway 127 in Cumberland County.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.094
    
    Tennessee. Hawkins and Sullivan Counties. North Fork Holston, main 
channel upstream from junction with South Fork Holston River to the 
Tennessee-Virginia State line.
    Virginia. Scott and Washington Counties. North Fork Holston River, 
main channel from the Virginia-Tennessee State line upstream through 
Scott and Washington Counties.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.095
    
                       Yaqui Chub (Gila purpurea)

    Arizona, Cochise County. All aquatic habitats of San Bernardino NWR 
in S\1/2\ Sec. 11; Sec. 14; S\1/2\ and NE\1/4\ Sec. 15; T24S, R30E. 
Known constituent elements include clean permanent water with deep pools 
and intermediate areas with riffles, areas of detritus or heavily 
overgrown cut banks in the Rio Yaqui drainage, and the absence of 
introduced exotic fishes.
    Note: Map follows:

[[Page 386]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.096

       Ash Meadows Speckled Dace (Rhinichthys osculus nevadensis)

    Nevada, Nye County: Each of the following springs and outflows plus 
surrounding land areas for a distance of 50 meters (164 feet) from these 
springs and outflows:
    Bradford Springs in Section 11, T18S, R50E, and their outflows for a 
distance of 300 meters (984 feet) from the springs.
    Jack Rabbit Spring and its outflow flowing southwest to the boundary 
between Section 24 in T18S, R50E and Section 19, T18S, R51E.
    Big Spring and its outflow to the boundary between Section 19, T18S, 
R51E and Section 24, T18S, R50E.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.097
    
    Known constituent elements include warm-water springs and their 
outflows and surrounding land areas that provide vegetation for cover 
and habitat for insects and other invertebrates on which the species 
feeds.

                     Desert Dace (Eremichthys acros)

    Nevada, Humboldt County. Thermal springs and their outflows plus 
surrounding riparian areas for a distance of 50 feet from these springs 
and outflows in T40N, R25E, SW\1/4\ Section 5, NW\1/4\NW\1/4\ Section 8, 
W\1/2\ Section 18, W\1/2\SW\1/4\ Section 19; T40N, R24E, Section 23, 
N\1/2\SE\1/4\ and S\1/2\NE\1/4\ Section 24, SE\1/4\ Section 25, N\1/2\ 
Section 25, and N\1/2\ Section 26.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.098
    
    Primary constituent elements of the habitat are considered to be 
quantity, and thermal and chemical quality of water in headpools and 
spring outflow streams; presence of a stable, natural substrate 
supporting food plants for the fish; and length of outflow streams; 
adequate for seasonal movements in response to changes of water 
temperature.

                    Amber Darter (Percina antesella)

    Tennessee and Georgia: Conasauga River from the U.S. Route 411 
bridge in Polk County, Tennesee, downstream approximately 33.5 miles 
through Bradley County, Tennessee and Murray and Whitfield Counties, 
Georgia, to the Tibbs Bridge Road bridge (Murray County Road 109 and 
Whitfield County Road 100).
    Constituent elements include high quality water, riffle areas (free 
of silt) composed of sand, gravel, and cobble, which becomes vegetated 
primarily with Podostemum during the summer.
    Note: Map follows:

[[Page 387]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.099

                 Fountain Darter (Etheostoma fonticola)

    Texas, Hays County; Spring Lake and its outflow, the San Marcos 
River, downstream approximately 0.5 miles below Interstate Highway 35 
bridge.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.100
    
                   Leopard Darter (Percina pantherina)

    Oklahoma. McCurtain and Pushmataha Counties. Little River, main 
channel in Pushmataha County from mouth of Cloudy Creek (T. 3 S.; R. 20 
E.; Section 3) upstream to the Pushmataha-Le Flore County line. Black 
Fork Creek in McCurtain County from its junction with Little River (T. 1 
S.; R. 20 E.; Section 22) upstream to Oklahoma Highway 144 crossing (T. 
1 S.; R. 19 E.; Section 12). Glover Creek, main channel in McCurtain 
County from Oklahoma Highway 7 crossing (T. 5 S.; R. 23 E.; Section 28) 
upstream to the junction of the East Fork and West Fork of Glover Creek. 
East Fork and West Fork of Glover Creek. East Fork of Glover Creek, main 
channel in Pushmataha County from its junction with the West Fork Glover 
Creek (T. 3 S.; R. 23 E.; Section 7) upstream to 4 air miles north-
northeast of the community of Bethel (T. 2 S.; R. 24 E.; Section 5). 
West Fork Glover Creek, main channel in McCurtain County from its 
junction with the East Fork Glover Creek upstream to the community of 
Battiest (T. 2 S.; R. 23 E.; Section 7). Mountain Fork Creek, main 
channel in McCurtain County, from mouth of Boktukola Creek (T. 2 S.; R. 
25 E.; Section 9), 6 air miles south-southwest of Smithville, upstream 
to the Oklahoma-Arkansas State line.
    Arkansas. Polk County. Mountain Fork Creek, main channel from the 
Arkansas-Oklahoma State line upstream to the community of Mountain Fork 
(T. 1 S.; R. 32 W.; Section 29).
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.101
    
                  Maryland Darter (Etheostoma sellare)

    Maryland (Harford County): (1) Deer Creek main channel from the 
junction with Elbow Branch thence downstream to the junction with the 
Susquehanna River. (2) Gasheys Run (also known as Gasheys Creek) main 
channels of east and west forks from their overcrossing by old Penn 
Central Railroad (presently titled to National Railroad Passenger 
Corporation, Amtrak) south to their confluence, thence south to the 
confluence with Swan Creek.
    Note: Map follows:

[[Page 388]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.102

    Constituent elements of this habitat are considered to be quality 
and permanence of streamflow in shallow areas of the streams (riffles), 
and presence of unsilted rocky crevices for shelter and production of 
aquatic insects and snails for food.

                  Niangua Darter (Etheostoma nianguae)

    Missouri. Big Tavern Creek, Miller County. Big Tavern Creek and 50 
feet along each side of the creek from Highway 52 upstream to Highway 
17.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.103
    
    Missouri. Niangua River, Dallas County. Niangua River and 50 feet on 
each side of the river from county road K upstream to 1 mile beyond 
county road M to the Webster County line.
    Missouri. Pomme de Terre River, Greene County. Pomme de Terre River 
and 50 feet on each side of the river from Highway 65 upstream to the 
Webster County line.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.104
    
    Missouri. Brush Creek, Cedar, and St. Clair Counties. Brush Creek 
and 50 feet on each side of the creek from 1000 feet upstream of county 
road J to the boundary of Sections 34 and 35, Township 36 N, Range 25 W.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.105
    
    Missouri. Little Niangua River, Camden, Dallas, and Hickory 
Counties. Little Niangua River and 50 feet on each side of the river 
from 1 mile below (downstream of) Highway 54, Camden County, to county 
road E, Dallas County.
    Note: Map follows:

[[Page 389]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.106

    Constituent elements, for all areas designated as critical habitat, 
consist of medium-sized creeks with silt-free pools and riffles and 
moderately clear water draining hilly areas underlain by chert and 
dolomite. Water ranges from 8 to 46 inches in depth over gravel with 
scattered rubble.

                Slackwater Darter (Etheostoma boschungi)

    Alabama. Lauderdale County. All permanent and intermittent streams 
with flowing water from December to June tributary to Cypress Creek and 
its tributaries upstream from the junction of Burcham Creek, including 
Burcham Creek, excluding Threet Creek and its tributaries.
    Tennessee. Wayne County. All permanent and intermittent streams with 
flowing water from December to June tributary to Cypress and Middle 
Cypress Creek drainage.
    Note: Maps follow.
    [GRAPHIC] [TIFF OMITTED] TC01JN91.107
    
    Tennessee. Lawrence County, Buffalo River and its tributaries in 
Lawrence County, Tenn.
[GRAPHIC] [TIFF OMITTED] TC01JN91.108

                 San Marcos Gambusia (Gambusia georgei)

    Texas, Hays County; San Marcos River from Highway 12 bridge 
downstream to approximately 0.5 miles below Interstate Highway 35 
bridge.
    Note: Map follows:

[[Page 390]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.109

                  Conasauga Logperch (Percina jenkinsi)

    Tennessee and Georgia: Conasauga River from the confluence of 
Halfway Branch with the Conasauga River in Polk County, Tennessee, 
downstream approximately 11 miles to the Georgia State Highway 2 Bridge, 
Murray County, Georgia.
    Constituent elements include high quality water, pool areas with 
flowing water and silt free riffles with gravel and rubble substrate, 
and fast riffle areas and deeper chutes with gravel and small rubble.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.110
    
                     Smoky Madtom (Noturus baileyi)

    Tennessee, Monroe County, Citico Creek, Cherokee National Forest. 
Citico Creek from the Cherokee National Forest boundary at upper Citico 
Bridge on Mountain Settlement Road (approximately creek mile 4.3) 
upstream to the confluence of Citico Creek with Barkcamp Branch 
(approximately creek mile 10.8).
    Constituent elements of the critical habitat include the present 
good water quality in Citico Creek and run/pool areas with relatively 
silt-free pea-size gravel substrate containing scattered large flat 
rocks for breeding habitat. The species utilizes palm-size slab rocks 
for cover and relatively silt-free riffle areas during other times of 
the year. The area designated as critical habitat provides the smoky 
madtom with all of the necessary constituent elements for completion of 
its life cycle.
    Note: Map follows:

[[Page 391]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.111

                 Yellowfin Madtom (Noturus flavipinnis)

    Tennessee. Claiborne and Hancock Counties. Powell River, main 
channel from backwaters of Norris Lake upstream to the Tennessee-
Virginia State line.
    Virginia. Lee, Scott, and Russell Counties. Powell River, main 
channel from the Virginia-Tennessee State line upstream through Lee 
County. Copper Creek, main channel from its junction with Clinch River 
upstream through Scott County and upstream in Russell County to 
Dickensonville.
    Note: Map follows:

[[Page 392]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.112

             Rio Grande Silvery Minnow (Hybognathus amarus).

    New Mexico: Socorro, Valencia, Bernalillo, and Sandoval Counties. 
Rio Grande from the downstream side of State highway 22 bridge crossing 
of the Rio Grande, immediately downstream of Cochiti Dam, NW\1/4\ sec. 
17, T. 16N., R. 15 E. of the New Mexico Meridian, extending downstream 
approximately 163 mi (260 km) to where the Atchison Topeka and Santa Fe 
Railroad crosses the river near San Marcial, Lat 33 deg.40'50", long 
106 deg.59'30", Socorro County.
    Primary constituent elements for the Rio Grande silvery minnow 
include stream morphology that supplies sufficient flowing water to 
provide food and cover needed to sustain all life stages of the species; 
water of sufficient quality to prevent water stagnation (elevated 
temperatures, decreased oxygen, carbon dioxide build-up, etc); and water 
of sufficient quantity to prevent formation of isolated pools that 
restrict fish movement, foster increased predation by birds and aquatic 
predators, and congregate pathogens.

[[Page 393]]

[GRAPHIC] [TIFF OMITTED] TR06JY99.004

     Ash Meadows Amargosa Pupfish (Cyprinodon nevadensis mionectes)

    Nevada, Nye County: Each of the following springs and outflows plus 
surrounding land areas for a distance of 50 meters (164 feet) from these 
springs and ouflows:
    Fairbanks Spring and its outflow to the boundary between Sections 9 
and 10, T17S, R50E.

[[Page 394]]

    Rogers Spring and its outflows to the boundary between Sections 15 
and 16, T17S, R50E.
    Longstreet Spring and its outflow to the boundary between Sections 
15 and 22, T17S, R50E.
    Three unnamed springs in the northwest corner of Section 23, T17S, 
R50E, and each of their outflows for a distance of 75 meters (246 feet) 
from the spring.
    Crystal Pool and its outflow for a distance of 400 meters (1,312 
feet) from the pool.
    Bradford Springs in Section 11, T18S, R50E, and their outflows for a 
distance of 300 meters (984 feet) from the springs.
    Jack Rabbit Spring and its outflow flowing southwest to the boundary 
between Section 24, T18S, R50E and Section 19, T18S, R51E.
    Big Spring and its outflow to the boundary between Section 19, T18S, 
R51E and Section 24, T18S, R50E.
    Point of Rocks Springs and their entire outflows within Section 7, 
T18S, R51E.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.115
    
    Known constituent elements include warm-water springs and their 
outflows and surrounding land areas that provide vegetation for cover 
and habitat for insects and other invertebrates on which this species 
feeds.

                 Desert Pupfish (Cyprinodon macularius)

    Arizona: Pima County. 1. Quitobaquito Spring, approximately 25 miles 
WNW Lukeville, Arizona in Organ Pipe Cactus National Monument, in T17S 
R8N; and a 100-foot riparian buffer zone around the spring.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.116
    
California: Imperial County.
    1. San Felipe Creek. Approximately 8\1/2\ stream miles and 100 feet 
on either side of San Felipe Creek or the stream channel commencing at 
the State Highway 86 bridge crossing (approximately \1/4\ mile south of 
intersection of Hwy. 78 and Hwy. 86) upstream to the eastern boundary of 
Section 31, T12S; R10E; including those areas of the stream channel in: 
T12S; R11E; Section 17, 18, and 19; T12S; R10E; Section 22, 23, 24, 26, 
27, 28, 29, and 32.
    2. Carrizo Wash. Approximately 1\3/4\ stream miles and 100 feet on 
either side of or the stream channel commencing at the confluence of 
Carrizo Wash with San Felipe Creek upstream to the southern boundary of 
N\1/2\ Section 33; T12S; R10E; including those areas of the stream 
channel in T12S; R10E; Section 27, 28, and N\1/2\ Section 33.
    3. Fish Creek Wash. Approximately three-fourths of one stream mile 
and 100 feet on either side of the stream channel from the confluence of 
Fish Creek Wash with San Felipe Creek upstream to the southern boundary 
of N\1/2\ Section 32; T12S; R10E; including those areas of the stream 
channel in T12S; R10E; Section 29 and N\1/2\ Section 32.
    Note: Map follows:

[[Page 395]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.117

Constituent elements for all four areas designated as critical habitat 
include clean unpolluted water that is relatively free of exotic 
organisms, especially exotic fishes, in small slow-moving desert streams 
and spring pools with marshy backwater areas.

                Leon Springs Pupfish (Cyprindon bovinus)

    Texas, Pecos County. Diamond Y Spring and its outflow stream, Loen 
Creek; from the head of Diamond Y Spring downstream in Leon Creek to a 
point 1 mile northeast of the Texas Highway 18 crossing, approximately 
10 miles north of Fort Stockton.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.118
    
                  Beautiful Shiner (Notropis formosus)

    Arizona, Cochise County. All aquatic habitats of San Bernardino NWR 
in S\1/2\ Sec. 11; Sec. 14; S\1/2\ and NE\1/4\ Sec. 15; T24S, R30E. 
Known constituent elements include small permanent streams with riffles, 
or intermittent creeks with pools and riffles in the Rio Yaqui drainage 
with clean unpolluted water. These waters should be free of introduced 
exotic fishes.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.119
    
                Cape Fear Shiner (Notropis mekistocholas)

    (1) North Carolina. Chatham County. Approximately 4.1 river miles of 
the Rocky River from North Carolina State Highway 902 Bridge downstream 
to Chatham County Road 1010 Bridge;
    (2) North Carolina. Chatham and Lee Counties. Approximately 0.5 
river mile of Bear Creek, from Chatham County Road 2156 Bridge 
downstream to the Rocky River, then downstream in the Rocky River 
(approximately 4.2 river miles) to the Deep River, then downstream in 
the Deep River (approximately 2.6 river miles) to a point 0.3 river mile 
below the Moncure, North Carolina, U.S. Geological Survey Gaging 
Station; and
    (3) North Carolina. Randolph and Moore Counties. Approximately 1.5 
river miles of Fork Creek, from a point 0.1 river mile upstream of 
Randolph County Road 2873 Bridge downstream to the Deep River then 
downstream approximately 4.1 river miles of the Deep River in Randolph 
and Moore Counties, North Carolina, to a point 2.5 river miles below 
Moore County Road 1456 Bridge.
    Note: Map follows:

[[Page 396]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.120

           Pecos Bluntnose Shiner (Notropis simus pecosensis).

    1. New Mexico: De Baca and Chaves Counties. Pecos River from point 
at the north boundary of NE \1/4\ Sec. 2; T1N; R26E (approximately 10 
mi. (16 km.) south of Fort Sumner) extending downstream approximately 64 
mi. (103 km.) to a point at the south boundary SW \1/4\ Sec. 35; T5S; 
R25E.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.121
    

[[Page 397]]


    2. New Mexico. Chaves and Eddy Counties. Pecos River from the west 
boundary NW \1/4\ Sec. 7; T14S; R27E, extending downstream approximately 
37 mi. (60 km.) to the NW \1/4\ Sec. 18; T17S; R27E (to the U.S. highway 
82 bridge near Artesia).
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.122
    
Constituent elements include clean, permanent water; a main river 
channel habitat with sandy substrate; and a low velocity flow.

                  Waccamaw Silverside (Menidia extensa)

    North Carolina, Columbus County. Lake Waccamaw in its entirety to 
mean high water level, and Big Creek from its mouth at Lake Waccamaw 
upstream approximately 0.6 kilometer (0.4 mile) to where the creek is 
crossed by County Road 1947.
    Constituent elements include high quality clear open water, with a 
neutral pH and clean substrate.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.123
    
                 Delta Smelt (Hypomesus transpacificus)

    California--Areas of all water and all submerged lands below 
ordinary high water and the entire water column bounded by and contained 
in Suisun Bay (including the contiguous Grizzly and Honker Bays); the 
length of Montezuma Slough; and the existing contiguous waters contained 
within the Delta, as defined by section 12220, of the State of 
California's Water Code of 1969 (a complex of bays, dead-end sloughs, 
channels typically less than 4 meters deep, marshlands, etc.) as 
follows:
    Bounded by a line beginning at the Carquinez Bridge which crosses 
the Carquinez Strait; thence, northeasterly along the western and 
northern shoreline of Suisun Bay, including Goodyear, Suisun, Cutoff, 
First Mallard (Spring Branch), and Montezuma Sloughs; thence, upstream 
to the intersection of Montezuma Slough with the western boundary of the 
Delta as delineated in section 12220 of the State of California's Water 
Code of 1969; thence, following the boundary and including all 
contiguous water bodies contained within the statutory definition of the 
Delta, to its intersection with the San Joaquin River at its confluence 
with Suisun Bay; thence, westerly along the south shore of Suisun Bay to 
the Carquinez Bridge.
    Note: Map follows:

[[Page 398]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.124

    Primary Constituent Elements--physical habitat, water, river flow, 
and salinity concentrations required to maintain delta smelt habitat for 
spawning, larval and juvenile transport, rearing, and adult migration.

         Big Spring Spinedace (Lepidomeda mollispinis pratensis)

    Nevada. Condor Canyon, Lincoln County. Four stream miles of Meadow 
Valley Wash and 50 feet on either side of the stream as it flows through 
the following sections: T. 1 S., R. 68 E., Sections 13, 23, 24, 26, 27, 
and 28.

[[Page 399]]

    Known constituent elements include clean permanent flowing spring-
fed stream with deep pool areas and shallow marshy areas along the shore 
and the absence of exotic fishes.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.128
    
             Little Colorado Spinedace (Lepidomeda vittata)

    Arizona:
    1. Coconino County. East Clear Creek; approximately 18 miles of 
stream extending from the confluence with Leonard Canyon (NE \1/4\ Sec. 
11 T14N R12E) upstream to the Blue Ridge Reservoir dam (SE \1/4\ Sec. 33 
T14N R11E), and approximately 13 miles of stream extending from the 
upper end of Blue Ridge Reservoir (east boundary SE \1/4\ Sec. 36 T14N 
R10E) upstream to Potato Lake (NE \1/4\ Sec. 1 T12N R9E).
[GRAPHIC] [TIFF OMITTED] TC01JN91.129

    2. Navajo County. Chevelon Creek; approximately 8 miles of stream 
extending from the confluence with the Little Colorado River (NW\1/4\ 
Sec. 23 T18N R17E) upstream to Bell Cow Canyon (SE\1/4\ of the SW\1/4\ 
Sec. 11 T17N R17E).
[GRAPHIC] [TIFF OMITTED] TC01JN91.131

    3. Apache County. Nutrioso Creek; approximately 5 miles of stream 
extending from the Apache-Sitgreaves National Forest boundary (north 
boundary Sec. 5 T8N R30E) upstream

[[Page 400]]

to the Nelson Reservoir dam (NE\1/4\ Sec. 29 T8N R30E).
[GRAPHIC] [TIFF OMITTED] TC01JN91.130

    Constituent elements, for all areas of critical habitat, include 
clean, permanent flowing water, with pools and a fine gravel or silt-mud 
substrate.

              White River Spinedace (Lepidomeda albivallis)

    Nevada, White Pine County. Each of the following springs and 
outflows plus surrounding land areas for a distance of 50 feet from 
these springs and outflows:
    Preston Big Spring and associated outflows within T12N, R61E, NE \1/
4\ Sec. 2.
    Lund Spring and associated outflows within T11N, R62E, NE \1/4\ of 
NE \1/4\ of Sec. 4; T12N, R62E, S \1/2\ of SE \1/4\ Sec. 33.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.132
    
    Nevada, Nye County. Flag Springs and associated outflows plus 
surrounding land areas for a distance of 50 feet from the springs and 
outflows within the following areas: T7N, R62E, E \1/2\ of NE \1/4\ Sec. 
32, SW \1/4\ of NW \1/4\ Sec. 33.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.133
    
    Known constituent elements for all areas of critical habitat include 
consistently high quality and quantity of cool springs and their 
outflows, and surrounding land area that provide vegetation for cover 
and habitat for insects and other invertebrates on which the species 
feeds.

        Hiko White River Springfish (Crenichthys baileyi grandis)

    Nevada, Lincoln County. Each of the following springs and outflows 
plus surrounding land areas for a distance of 50 feet from these springs 
and outflows:
    Hiko Spring and associated outflows within T4S, R60E, SW\1/4\ of 
NE\1/4\ Sec. 14 and NW\1/4\ of SE\1/4\ Sec. 14.

[[Page 401]]

    Crystal Springs and associated outflows within T5S, R60E, all of 
NE\1/4\ of Sec. 10 and NE\1/4\ of SE\1/4\ Sec. 10, SW\1/4\ of NW\1/4\ 
Sec. 11 and NW\1/4\ of SW\1/4\ Sec. 11.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.134
    
    Known constituent elements include warmwater springs and their 
outflows and surrounding land areas that provide vegetation for cover 
and habitat for insects and other invertebrates on which the species 
feeds.

            Railroad Valley Springfish (Crenichthys nevadae)

    1. Nevada, Nye County, Duckwater area. Big Warm Spring and its 
outflow pools, streams, and marshes and a 50 foot riparian zone around 
the spring, outflow pools, streams, and marshes in T13N, R56E, NE\1/4\ 
Sec. 31, SE\1/4\ Sec. 31, NW\1/4\ Sec. 32. Little Warm Spring and its 
outflow pools, streams, and marshes, and a 50-foot riparian zone around 
the spring, outflow pools, streams, and marshes in T12N, R56E, Sec. 5.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.135
    
    1. Nevada, Nye County, Lockes Area. North, Hay Corral, Big, and 
Reynolds Springs and their outflow pools, streams, and marshes, and a 
50-foot riparian zone around the springs, outflow pools, streams, and 
marshes in T8N, R55E, SW\1/4\ Sec. 11, NW\1/4\ Sec. 14, SW\1/4\ Sec. 14, 
SE\1/4\ Sec. 15, NE\1/4\ Sec. 15, SW\1/4\ Sec. 15.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.136
    
    Known constituent elements for all areas of critical habitat of the 
Railroad Valley springfish include clear, unpolluted thermal spring 
waters ranging in temperature from 29 deg. to 36 deg. C in pools; 
flowing channels; marshy areas with aquatic plants, insects, and 
mollusks.

          White River Springfish (Crenichthys baileyi baileyi)

    Nevada, Lincoln County. Ash Springs and associated outflows plus 
surrounding land areas for a distance of 50 feet from the springs and 
outflows within the following

[[Page 402]]

areas: T6S, R60E, E\1/2\ of E\1/2\ Sec. 1 and T6S, R61E, NW\1/4\ of 
NW\1/4\ Sec. 6.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.137
    
    Known constituent elements include warmwater springs and their 
outflows and surrounding land areas that provide vegetation for cover 
and habitat or insects and other invertebrates on which the species 
feeds.

                Colorado Squawfish (Ptychocheilus lucius)

    Description of areas taken from BLM 1:100,000 maps (available from 
BLM State Offices): Canyon of Lodore, CO 1990; La Sal, UT/CO 1985; 
Rangely, CO 1989; Delta, CO 1989; Grand Junction, CO 1990; Hite 
Crossing, UT 1982; Vernal, UT/CO 1990; Craig, CO 1990; Bluff, UT/CO 
1985; Moab, UT/CO 1985; Hanksville, UT 1982; San Rafael Desert, UT 1985; 
Huntington, UT 1982; Price, UT 1989; Farmington, NM 1991; Navajo 
Mountain, UT/AZ 1982. The 100-year flood plain for many areas is 
detailed in Flood Insurance Rate Maps (FIRM) published by and available 
through the Federal Emergency Management Agency (FEMA). In areas where a 
FIRM is not available, the presence of alluvium soils or known high 
water marks can be used to determine the extent of the flood plain. Only 
areas of flood plain containing constituent elements are considered 
critical habitat.
    Colorado: Moffat County. The Yampa River and its 100-year flood 
plain from the State Highway 394 bridge in T.6N., R.91W., sec. 1 (6th 
Principal Meridian) to the confluence with the Green River in T.7N., 
R.103W., sec. 28 (6th Principal Meridian).
    Utah: Uintah, Carbon, Grand, Emery, Wayne, and San Juan Counties; 
and Colorado: Moffat County. The Green River and its 100-year flood 
plain from the confluence with the Yampa River in T.7N., R.103W., sec. 
28 (6th Principal Meridian) to the confluence with the Colorado River in 
T.30S., R.19E., sec. 7 (Salt Lake Meridian).
    Colorado: Rio Blanco County; and Utah: Uintah County. The White 
River and its 100-year flood plain from Rio Blanco Lake Dam in T.1N., 
R.96W., sec. 6 (6th Principal Meridian) to the confluence with the Green 
River in T.9S., R.20E., sec. 4 (Salt Lake Meridian).
    Colorado: Delta and Mesa Counties. The Gunnison River and its 100-
year flood plain from the confluence with the Uncompahgre River in 
T.15S., R.96W., sec. 11 (6th Principal Meridian) to the confluence with 
the Colorado River in T.1S., R.1W., sec. 22 (Ute Meridian).
    Colorado: Mesa and Garfield Counties; and Utah: Grand, San Juan, 
Wayne, and Garfield Counties. The Colorado River and its 100-year flood 
plain from the Colorado River Bridge at exit 90 north off Interstate 70 
in T.6S., R.93W., sec. 16 (6th Principal Meridian) to North Wash 
including the Dirty Devil arm of Lake Powell up to the full pool 
elevation in T.33S., R.14E., sec. 29 (Salt Lake Meridian).
    New Mexico: San Juan County; and Utah: San Juan County. The San Juan 
River and its 100-year flood plain from the State Route 371 Bridge in 
T.29N., R.13W., sec. 17 (New Mexico Meridian) to Neskahai Canyon in the 
San Juan arm of Lake Powell in T.41S., R.11E., sec. 26 (Salt Lake 
Meridian) up to the full pool elevation.
    Known constituent elements include water, physical habitat, and 
biological environment as required for each particular life stage for 
each species.
[GRAPHIC] [TIFF OMITTED] TC01JN91.138

                     June Sucker (Chasmistes liorus)

    Utah, Utah County. Provo River, Sec. 5, T7S, R2E; to Sec. 36, T6S, 
R2E, the lower 7.8 kilometers (4.9 miles) of the main channel of the 
river as measured from it confluence with Utah Lake, upstream to the 
Tanner Race diversion.

[[Page 403]]

    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.139
    
    Known constituent elements of the critical habitat include one to 
three feet of high quality water constantly flowing over a clean, 
unsilted gravel substrate. Larval June suckers require shallow areas 
with low velocities connected to the main channel of the river.

                    Modoc Sucker (Catostomus microps)

California, Modoc County.
    1. Turner Creek. Approximately 4.5 stream miles and 50 feet on 
either side of the stream channel from the juncture of Turner Creek with 
the Pit River upstream to T42N, R8E, Section 20; including those areas 
of the stream channel in T41N, R8E, Sections 1 and 2; and in T42N, R8E, 
Sections 21, 27, 28, 34, and 35.
    2. Washington Creek. Approximately 4 stream miles and 50 feet on 
either side of the stream channel from the juncture of Washington Creek 
with Turner Creek to T42N, R8E, Section 11; including those areas of the 
stream channel in T42N, R8E, Sections 14, 23, 24, 25, 26, and 35. Also 
Coffee Mill Gulch, a tributary of Washington Creek, for approximately 
1.5 miles and 50 feet on either side of the stream channel from the 
juncture of this tributary with Washington Creek upstream to T42N, R8E, 
Section 22; including those areas of the stream channel in T42N, R8E, 
Sections 22, 23, and 26.
    3. Hulbert Creek. Approximately 3.5 stream miles and 50 feet on 
either side of the stream channel from the juncture of Hulbert Creek 
with Turner Creek upstream to T42N, R8E, Section 31; including those 
areas of the stream channel in T42N, R8E, Sections 29, 30, 32, 33, 34, 
and 35; and Cedar Creek, a tributary of Hulbert Creek, for approximately 
1.5 stream miles and 50 feet on either side of the stream channel from 
the juncture of Cedar Creek with Hulbert Creek upstream to Cedar Spring; 
including those areas of the stream channel in T41N, R8E, Section 4; and 
in T42N, R8E, Section 33.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.140
    
    4. Johnson Creek. Approximately 4 stream miles and 50 feet on either 
side of the stream channel from the juncture of Johnson Creek with Rush 
Creek upstream to T40N, R10E, Section 6; including those areas of the 
stream channel in T40N, R9E, Sections 1, 11, 12, 14, 23, and 24. Also in 
unnamed tributary of Johnson Creek in Rice Flat, for approximately 1 
stream mile and 50 feet on either side of the stream channel from the 
juncture of this tributary with Johnson Creek upstream to T40N, R9E, 
Section 10; including those areas of the stream channel in T40N, R9E, 
Sections 11 and 14. Also in unnamed tributary of Johnson Creek in 
Higgins Flat, for approximately 1 stream mile and 50 feet on either side 
of the stream channel from the juncture of this tributary with Johnson 
Creek upstream to T40N, R9E, Section 10; including those areas of the 
stream channel in T40N, R9E, Sections 14 and 15.
    5. Rush Creek. Approximately 5 stream miles and 50 feet on either 
side of the stream channel from the gauging station at the State Route 
299 crossing upstream to T40N, R10E, Section 16; including those areas 
of the stream channel in T40N, R9E, Sections 24, 25, 26, 35, and 36; and 
in T40N, R10E, Sections 17, 18, and 19.
    Note: Map follows:

[[Page 404]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.141

    Known constituent elements include intermittent and permanent-water 
creeks, and adjacent land areas that provide vegetation for cover and 
protection from soil erosion.

                  Razorback Sucker (Xyrauchen texanus)

    Description of areas taken from BLM 1:100,000 scale maps (available 
from BLM State Offices): Rangely, CO 1989; Canyon of Lodore, CO 1990; 
Seep Ridge, UT/CO 1982; La Sal, UT/CO 1985; Westwater, UT/CO 1981; Hite 
Crossing, UT 1982; Glenwood Springs, CO 1988; Grand Junction, CO 1990; 
Delta, CO 1989; Navajo Mountain, UT/AZ 1982; Vernal, UT/CO 1990; Craig, 
CO 1990; Bluff, UT/CO 1985; Moab, UT/CO 1985; Hanksville, UT 1982; San 
Rafael Desert, UT 1985; Huntington, UT 1982; Price, UT 1989; Tuba City, 
AZ 1983; Lake Mead, NV/AZ 1981; Davis Dam, AZ/NV/CA 1982; Parker, AZ/CA 
1980; Yuma, AZ/CA 1988; Safford, AZ 1991; Globe, AZ 1980; Clifton, AZ/NM 
1975; Prescott, AZ 1982; Theodore Roosevelt Lake, AZ 1982; Grand Canyon, 
AZ 1980; Mt. Trumbull, AZ 1979; Boulder City, NV/AZ 1978; Blythe, CA/AZ 
1976; Trigo Mountains, AZ/CA 1988; Sedona, AZ 1982; Payson, AZ 1988; and 
U.S. Forest Service map: Tonto National Forest, Phoenix, AZ. The 100-
year flood plain for many areas is detailed in Flood Insurance Rate Maps 
(FIRM) published by and available through the FEMA. In areas where a 
FIRM is not available, the presence of alluvium soils or known high 
water marks can be used to determine the extent of the flood plain. Only 
areas of flood plain containing constituent elements are considered 
critical habitat.
    Colorado: Moffat County. The Yampa River and its 100-year flood 
plain from the mouth of Cross Mountain Canyon in T.6N., R.98W., sec. 23 
(6th Principal Meridian) to the confluence with the Green River in 
T.7N., R.103W., sec. 28 (6th Principal Meridian).
    Utah: Uintah County; and Colorado: Moffat County. The Green River 
and its 100-year flood plain from the confluence with the Yampa River in 
T.7N., R.103W., sec. 28 (6th Principal Meridian) to Sand Wash in T.11S., 
R.18E., sec. 20 (6th Principal Meridian).
    Utah: Uintah, Carbon, Grand, Emery, Wayne, and San Juan Counties. 
The Green River and its 100-year flood plain from Sand Wash at T.11S., 
R.18E., sec. 20 (6th Principal Meridian) to the confluence with the 
Colorado River in T.30S., R.19E., sec. 7 (6th Principal Meridian).
    Utah: Uintah County. The White River and its 100-year flood plain 
from the boundary of the Uintah and Ouray Indian Reservation at river 
mile 18 in T.9S., R.22E., sec. 21 (Salt Lake Meridian) to the confluence 
with the Green River in T.9S., R.20E., sec. 4 (Salt Lake Meridian).
    Utah: Uintah County. The Duchesne River and its 100-year flood plain 
from river mile 2.5 in T.4S., R.3E., sec. 30 (Salt Lake Meridian) to the 
confluence with the Green River in T.5S., R.3E., sec. 5 (Uintah 
Meridian).
    Colorado: Delta and Mesa Counties. The Gunnison River and its 100-
year flood plain from the confluence with the Uncompahgre River in 
T.15S., R.96W., sec. 11 (6th Principal Meridian) to Redlands Diversion 
Dam in T.1S., R.1W., sec. 27 (Ute Meridian).
    Colorado: Mesa and Garfield Counties. The Colorado River and its 
100-year flood plain from Colorado River Bridge at exit 90 north off 
Interstate 70 in T.6S., R.93W., sec. 16 (6th Principal Meridian) to 
Westwater Canyon in T.20S., R.25E., sec. 12 (Salt Lake Meridian) 
including the Gunnison River and its 100-year flood plain from the 
Redlands Diversion Dam in T.1S., R.1W., sec. 27 (Ute Meridian) to the 
confluence with the Colorado River in T.1S., R.1W., sec. 22 (Ute 
Meridian).
    Utah: Grand, San Juan, Wayne, and Garfield Counties. The Colorado 
River and its 100-year flood plain from Westwater Canyon in T.20S., 
R.25E., sec. 12 (Salt Lake Meridian) to full pool elevation, upstream of 
North Wash and including the Dirty Devil arm of Lake Powell in T.33S., 
R.14E., sec. 29 (Salt Lake Meridian).
    New Mexico: San Juan County; and Utah: San Juan County. The San Juan 
River and its 100-year flood plain from the Hogback Diversion in T.29N., 
R.16W., sec. 9 (New Mexico Meridian) to the full pool elevation at the 
mouth of Neskahai Canyon on the San Juan arm of Lake Powell in T.41S., 
R.11E., sec. 26 (Salt Lake Meridian).
    Arizona: Coconino and Mohave Counties; and Nevada: Clark County. The 
Colorado River and its 100-year flood plain from the confluence with the 
Paria River in T.40N., R.7E., sec. 24 (Gila and Salt River Meridian) to 
Hoover Dam in T.30N., R.23W., sec. 3 (Gila and Salt River Meridian) 
including Lake Mead to the full pool elevation.
    Arizona: Mohave County; and Nevada: Clark County. The Colorado River 
and its 100-year flood plain from Hoover Dam in

[[Page 405]]

T.30N., R.23W., sec. 1 (Gila and Salt River Meridian) to Davis Dam in 
T.21N., R.21W., sec. 18 (Gila and Salt River Meridian) including Lake 
Mohave to the full pool elevation.
    Arizona: La Paz and Yuma Counties; and California: San Bernardino, 
Riverside, and Imperial Counties. The Colorado River and its 100-year 
flood plain from Parker Dam in T.11N., R.18W., sec. 16 (Gila and Salt 
River Meridian) to Imperial Dam in T.6S., R.22W., sec. 25 (Gila and Salt 
River Meridian) including Imperial Reservoir to the full pool elevation 
or 100-year flood plain, whichever is greater.
    Arizona: Graham, Greenlee, Gila, and Pinal Counties. The Gila River 
and its 100-year flood plain from the Arizona-New Mexico border in 
T.8S., R.32E., sec. 34 (Gila and Salt River Meridian) to Coolidge Dam in 
T.3S., R.18E., sec. 17 (Gila and Salt River Meridian), including San 
Carlos Reservoir to the full pool elevation.
    Arizona: Gila County. The Salt River and its 100-year flood plain 
from the old U.S. Highway 60/State Route 77 bridge (unsurveyed) to 
Roosevelt Diversion Dam in T.3N., R.14E., sec. 4 (Gila and Salt River 
Meridian).
    Arizona: Yavapai County. The Verde River and its 100-year flood 
plain from the U.S. Forest Service boundary (Prescott National Forest) 
in T.18N., R.2E., sec. 31 to Horseshoe Dam in T.7N., R.6E., sec. 2 (Gila 
and Salt River Meridian), including Horseshoe Lake to the full pool 
elevation.
    Known constituent elements include water, physical habitat, and 
biological environment as required for each particular life stage for 
each species.
[GRAPHIC] [TIFF OMITTED] TC01JN91.142

                 Warner Sucker (Catostomus warnerensis)

Oregon: Lake County.

    1. Twelvemile Creek--Approximately 4 stream miles and 50 feet on 
either side of the stream commencing at the confluence of Twelvemile 
Creek and Twentymile Creek and extending upstream, and including those 
portions of Twelvemile Creek in T40S, R23E, Section 35; and T41S, R23E, 
Sections 1, 2, 12, 13, 23, and 24.
    2. Twentymile Creek--Approximately 18 stream miles and 50 feet on 
either side of the stream commencing about 9 miles upstream of the 
junction of Twelvemile and Twentymile Creeks and extending to a point 
about 9 miles downstream of the junction, and including those portions 
of Twentymile Creek in T40S, R22E, Sections 25, 35, and 36; T40S, R23E, 
Sections 19, 20, 24, 25, 28, 29, 30, 33, 34, 35 and 36; T40S, R24E, 
Sections 15, 16, 19, 20, 21, 22, 28, 29, 30; and T41S, R23E, Sections 2 
and 3.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.143
    
    3. Spillway Canal north of Hart Lake--Approximately 2 stream miles 
and 50 feet on either side of the waterway commencing at its confluence 
with Hart Lake and extending to a point about 2 miles downstream, and 
including those portions of the waterway in T36S, R24E, Sections 7, 18, 
and 19.
    4. Snyder Creek--Approximately 3 stream miles and 50 feet on either 
side of the stream commencing at the confluence of Snyder Creek and 
Honey Creek and extending to a point about 3 miles upstream on Snyder 
Creek, and including those portions of Snyder Creek in T36S, R22E, 
Sections 1 and 12; and T36S, R23E, Sections 7, 17, and 18.
    5. Honey Creek--Approximately 16 stream miles and 50 feet on either 
side of the stream commencing at the confluence of Honey Creek with Hart 
Lake and extending to a point about 16 miles upstream on Honey Creek, 
and including those portions of Honey Creek in T36S, R24E, Sections 19, 
20, 27, 28, 29, 30, 33, 34, and 35; T36S, R23E, Sections 17, 18, 20, 21, 
22, 23, 24, 26, 27, and 28; and T36S, R22E, Sections 13, 14, 22, and 23.
    Note: Map follows:

[[Page 406]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.144

    Constituent elements of all areas proposed as critical habitat 
include streams 15 feet to 60 feet wide with gravel-bottom shoal and 
riffle areas with intervening pools. Streams should have clean, 
unpolluted flowing water and a stable riparian zone. The streams should 
support a variety of aquatic insects, crustaceans, and other small 
invertebrates for food.

           Little Kern Golden Trout (Salmo aguabonita whitei)

    California, Tulare County. Little Kern River, main channel and all 
streams tributary to the Little Kern River above barrier falls located 
on the Little Kern River one mile below the mouth of Trout Meadows 
Creek.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.145
    

    (f)-(g) [Reserved]
    (h) Crustaceans.

               Kentucky Cave Shrimp (Palaemonias ganteri)

    Kentucky, Edmonson County: The Roaring River passage of the Flint-
Mammoth Cave System in Mammoth Cave National Park.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.146
    
    Known constituent elements include a stream in a base level cave 
passage with abundant organic material and sediments

[[Page 407]]

consisting of coarse silt and very coarse to very fine sand.

    (i) Insects.

              Delta Green Ground Beetle (Elaphrus viridis)

    California. Solano County. T.5N. R.1E. West \1/2\ Sec. 12, southwest 
\1/4\ Sec. 13, southeast \1/4\ Sec. 14, northeast \1/4\ Sec. 23, 
northwest \1/4\ Sec. 24.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.147
    
 Valley Elderberry Longhorn Beetle (Desmocerus californicus dimorphus) 
                     California. Sacramento County.

    (1) Sacramento Zone. An area in the city of Sacramento enclosed on 
the north by the Route 160 Freeway, on the west and southwest by the 
Western Pacific railroad tracks, and on the east by Commerce Circle and 
its extension southward to the railroad tracks.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.148
    
    (2) American River Parkway Zone. An area of the American River 
Parkway on the south bank of the American River, bounded on the north by 
latitude 30 deg.37'30"N, on the west and southwest by Elmanto Drive from 
its junction with Ambassador Drive to its extension to latitute 
38 deg.37'30"N, and on the south and east by Ambassador Drive and its 
extension north to latitude 38 deg.37'30"N. Goethe Park, and that 
portion of the American River Parkway northeast of Goethe Park, west of 
the Jedediah Smith Memorial Bicycle Trail, and north to a line extended 
eastward from Palm Drive.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.149
    
         Oregon Silverspot Butterfly (Speyeria zerene hippolyta)

    Oregon. Lane County T. 16 S., R. 12 W. Those portions of section 15 
and of the south

[[Page 408]]

half of section 10 which are west of a line parallel to, and 1500 feet 
west of, the eastern section boundaries of sections 10 and 15.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.150
    
    Constituent biological elements essential to the continued existence 
of the Oregon silverspot butterfly within the Critical Habitat include 
the larval foodplant (Viola adunca), grasses and forbs in which the 
larvae find shelter, the composite plants from which the adults obtain 
nectar, and the spruce woods in which the adults find shelter.

  Palos Verdes Blue Butterfly (Glaucopsyche lygdamus palosverdesensis)

    California. Los Angeles County.

    1. Agua Amarga Canyon Zone. Palos Verdes Estates. A square area of 
land 0.4 x 0.4 kilometers located at the southeast corner of the 
southernmost corporate boundary of Palos Verdes Estates.
    2. Frank Hesse Park Zone. Rancho Palos Verdes. An area enclosed by 
Hawthorne Boulevard, Locklenna Lane, and Verde Drive.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.151
    
    3. Palos Verdes Drive Zone. Rancho Palos Verdes. The Switchback area 
of Palos Verdes Drive East, bounded by a line connecting the two eastern 
curves, a line parallel to and 0.3 kilometers southwest of this line, 
and the upper and lower portions of Palos Verdes Drive East.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.152
    
Within these Critical Habitat areas, the known biological constituent 
elements essential to the conservation of this species are colonies of 
the larval foodplant, Astragalus trichopodus leucopsis.

                Ash Meadows Naucorid (Ambrysus amargosus)

    Nevada, Nye County, Point of Rocks Springs and their immediate 
outflows in SE\1/4\ sec. 7, T18S, R51E.

[[Page 409]]

    Known primary constituent elements include flowing warm water over 
rock and gravel substrate.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.153
    

[42 FR 47840, Sept. 22, 1977]

    Editorial Note: For Federal Register citations affecting Sec. 17.95, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.



Sec. 17.96  Critical habitat--plants.

    (a) Flowering plants.
    Family Apiaceae: Lilaeopsis schaffneriana var. recurva (Huachuca 
water umbel). Critical habitat includes the stream courses identified in 
the legal descriptions below, and includes adjacent areas out to the 
beginning of upland vegetation. Within these areas, the primary 
constituent elements include, but are not limited to, the habitat 
components which provide--(1) Sufficient perennial base flows to provide 
a permanently or nearly permanently wetted substrate for growth and 
reproduction of Lilaeopsis; (2) A stream channel that is relatively 
stable, but subject to periodic flooding that provides for rejuvenation 
of the riparian plant community and produces open microsites for 
Lilaeopsis expansion; (3) A riparian plant community that is relatively 
stable over time and in which nonnative species do not exist or are at a 
density that has little or no adverse effect on resources available for 
Lilaeopsis growth and reproduction; and (4) In streams and rivers, 
refugial sites in each watershed and in each reach, including but not 
limited to springs or backwaters of mainstem rivers, that allow each 
population to survive catastrophic floods and recolonize larger areas.
    Unit 1. Santa Cruz County, Arizona. From USGS 7.5' quadrangle map 
Sonoita, Arizona.
    Gila and Salt Principal Meridian, Arizona: T. 20 S., R. 16 E., 
beginning at a point on Sonoita Creek in sec. 34 at approx. 
31 deg.39'19" N latitude and 110 deg.41'52" W longitude proceeding 
downstream (westerly) to a point in sec. 33 at approx. 31 deg.39'07" N 
latitude and 110 deg.42'46" W longitude covering approx. 2 km (1.25 
mi.).
    Unit 2. Santa Cruz County, Arizona. From USGS 7.5' quadrangle map 
Lochiel, Arizona.
    That portion of the Santa Cruz River beginning in the San Rafael De 
La Zanja Grant approx. at 31 deg.22'30" N latitude and 110 deg.35'45" W 
longitude downstream (southerly) to Gila and Salt Principal Meridian, 
Arizona, T. 24 S., R. 17 E., through secs. 11 and 14, to the south 
boundary of sec. 14 covering approx. 4.4 km (2.7 mi.). Also, a tributary 
that begins in T. 24 S., R. 17 E., sec. 13 at approx. 31 deg.21'10" N 
latitude and 110 deg.34'16" W longitude downstream (southwesterly) to 
its confluence with the Santa Cruz River covering approx. 3 km (1.9 
mi.).
    Unit 3. Cochise County, Arizona. From USGS 7.5' quadrangle map 
Huachuca Peak, Arizona.
    Gila and Salt Principal Meridian, Arizona: That portion of Scotia 
Canyon beginning in T. 23 S., R. 19 E., sec. 3 at approx. 31 deg.27'19" 
N latitude and 110 deg.23'44" W longitude downstream (southwesterly) 
through secs. 10, 9, 16 and to approx. 31 deg.25'22" N latitude and 
110 deg.25'22" W longitude in sec. 21 covering approx. 5.4 km (3.4 mi.).
    Unit 4. Cochise County, Arizona. From USGS 7.5' quadrangle map 
Huachuca Peak, Arizona.
    Gila and Salt Principal Meridian, Arizona: That portion of Sunnyside 
Canyon beginning in T. 23 S., R. 19 E., on the east boundary of sec. 10 
downstream (southwesterly) to the south boundary of sec. 10 covering 
approx. 1.1 km (0.7 mi.).

[[Page 410]]

    Unit 5. Cochise County, Arizona. From USGS 7.5' quadrangle map 
Miller Peak, Arizona.
    That portion of Garden Canyon in the Fort Huachuca Military 
Reservation beginning at approx. 31 deg.27'13" N latitude and 
110 deg.22'33" W longitude downstream (northwesterly) to approx. 
31 deg.28'45" N latitude and 110 deg.20'11" W longitude covering approx. 
6.1 km (3.8 mi.).
    Unit 6. Cochise County, Arizona. From USGS 7.5' quadrangle map 
Miller Peak, Arizona.
    Gila and Salt Principal Meridian, Arizona: That portion of Bear 
Canyon beginning at a point in T. 24 S., R. 19 E., sec. 1 at approx. 
31 deg.22'30" N latitude and 110 deg.21'47" W longitude upstream through 
T. 23 S., R. 19 E., sec. 36 to a point in sec. 31 at approx. 
31 deg.23'18" N latitude and 110 deg.21'22" W longitude covering approx. 
1.7 km (1.0 mi.). Also, continuing up an unnamed tributary beginning at 
a point in T. 23 S., R. 19 E., sec. 31 at approx. 31 deg.23'18" N 
latitude and 110 deg.21'22" W longitude upstream (northerly) to a point 
in T. 23 S., R. 19 E., sec. 30 at approx. 31 deg.23'44" N latitude and 
110 deg.21'14" W longitude covering approx. 0.9 km (0.5 mi.). Also, that 
portion of Lone Mountain Canyon beginning at its confluence with Bear 
Creek at a point in T. 23 S., R. 19 E., sec. 36 at approx. 31 deg.22'54" 
N latitude and 110 deg.21'43" W longitude to a point in sec. 36 at 
approx. 31 deg.23'26" N latitude and 110 deg.21'58" W longitude, thence 
up an unnamed tributary northwesterly into sec. 25 thence northerly to a 
point at approx. 31 deg.24'13" N latitude and 110 deg.21'54" W longitude 
covering approx. 2.7 km (1.7 mi.). Also that portion of Rattlesnake 
Canyon beginning at its confluence with Lone Mountain Canyon in T. 23 
S., R. 19 E., sec. 36 upstream northeasterly into sec. 25 to a point at 
approx. 31 deg.22'08" N latitude and 110 deg.21'31" W longitude covering 
approx. 1.5 km (1.0 mi.).
    Unit 7. Cochise County, Arizona. From USGS 7.5' quadrangle maps: 
Hereford, Ariz.; Tombstone SE, Ariz.; Nicksville, Ariz.; Lewis Springs, 
Ariz.; Fairbank, Ariz.; Land, Ariz.
    Gila and Salt Principal Meridian, Arizona: That portion of the San 
Pedro River beginning in the San Rafael Del Valle Grant at a point 
approx. 200 meters upstream (south) of the Hereford Road bridge at 
approx. 31 deg.26'16" N latitude and 110 deg.06'24" W longitude 
continuing downstream (northerly) through the San Rafael Del Valle 
Grant; T. 21 S., R. 22 E.; T. 21 S., R 21 S.; through the San Juan De 
Las Boquilla y Nogales Grant to a point at approx. 31 deg.48'28" N 
latitude and 110 deg.12'32" W longitude covering approx. 54.2 km (33.7 
mi.).
    Note: Maps for Units 1-7 follow:

[[Page 411]]

[GRAPHIC] [TIFF OMITTED] TR12JY99.030


[[Page 412]]


[GRAPHIC] [TIFF OMITTED] TR12JY99.031

    Family Asclepiadaceae: Asclepias welshii (Welsh's milkweed). Utah, 
Kane County: entire Coral Pink Sand Dunes, within T43S, R7W and R8W, and 
T44S, R8W about 10 miles west of Kanab; also, the area of the Sand 
Hills, about 10 miles north of Kanab, within T42S, R6W, Section 8 (S\1/
2\ of the N\1/2\ and N\1/2\

[[Page 413]]

of the S\1/2\). The constituent elements of this critical habitat are 
the sand dunes themselves.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.154
    

    Family Asteraceae--Enceliopsis nudicaulis var. corrugata (Ash 
Meadows sunray). Nevada, Nye County, Ash Meadows: SW\1/4\SE\1/4\ sec. 
15, SW\1/4\NE\1/4\ and W\1/2\SE\1/4\ sec. 21, NW\1/4\NE\1/4\ sec. 22, 
E\1/2\SE\1/4\ sec. 34, SW\1/4\NE\1/4\, S\1/2\NW\1/4\, SW\1/4\, and W\1/
2\SE\1/4\ sec. 35, T17S R50E. SE\1/4\ sec. 20, T17S, R51E. NW\1/4\, 
SW\1/4\, and W\1/2\SE\1/4\ sec. 1, E\1/2\NE\1/4\, SW\1/4\NW\1/4\, NW\1/
4\SW\1/4\, and E\1/2\SE\1/4\ sec. 2, NE\1/4\NW\1/4\S. 12, E\1/2\SW\1/4\ 
and W\1/2\SE\1/4\ sec. 13, T18S, R50E. SW\1/4\SE\1/4\ sec. 7, NW\1/
4\NE\1/4\ and SE\1/4\SW\1/4\ sec. 18, T18S, R51E.
    Known primary constituent elements include dry washes or whitish 
saline soil associated with outcrops of pale whitish limestone.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.155
    
    Family Asteraceae--Grindelia fraxino-pratensis (Ash Meadows 
gumplant). California, Inyo County, Ash Meadows: NE\1/4\, E\1/2\NW\1/4\, 
SW\1/4\NW\1/4\, N\1/2\SW\1/4\, and NW\1/4\SE\1/4\ sec. 30, T26N, R6E.
    Nevada, Nye County, Ash Meadows: SE\1/4\NW\1/4\ sec. 26, W\1/2\SW\1/
4\NE\1/4\ and W\1/2\NW\1/4\SE\1/4\ sec. 33, W\1/2\NW\1/4\, SW\1/4\SW\1/
4\, E\1/2\SE\1/4\, and W\1/2\SE\1/4\ sec. 35, T17S, R50E. N\1/2\SW\1/4\ 
sec. 1, N\1/2\NW\1/4\ sec. 2, NE\1/4\NE\1/4\ and NW\1/4\NW\1/4\ sec. 3, 
SW\1/4\NE\1/4\, SE\1/4\NW\1/4\, NE\1/4\SW\1/4\, and, NW\1/4\SE\1/4\ sec. 
4; W\1/2\NE\1/4\ and NW\1/4\SE\1/4\ sec. 5, N\1/2\NE\1/4\ sec. 7, NE\1/
4\SE\1/4\ sec. 10, W\1/2\NW\1/4\ and NW\1/4\SW\1/4\ sec. 11, SW\1/
4\NE\1/4\ and E\1/2\SE\1/4\ sec. 14; SW\1/4\NW\1/4\, SW\1/4\SE\1/4\, 
W\1/2\SW\1/4\, and SE\1/4\SW\1/4\ sec. 20 northeast of the Nevada-
California boundary, E\1/2\NE\1/4\ and E\1/2\SE\1/4\ sec. 23, W\1/
2\SW\1/4\ sec. 24, NW\1/4\NE\1/4\ sec. 29 northeast of the Nevada-
California boundary, T18S, R50E. SW\1/4\NW\1/4\ and NW\1/4\SW\1/4\ sec. 
18, T18S, R51E.
    Known primary constituent elements include saltgrass meadows along 
streams and pools or drier areas with alkali clay soils.
    Note: Map follows:

[[Page 414]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.156

    Family Asteraceae: Senecio franciscanus (San Francisco Peaks 
groundsel).

    Arizona: Coconino County; Coconino National Forest, Agassiz Peak and 
Humphreys Peak, T22N, R7E, N\1/2\ of NW\1/4\ Sec. 5; T23N, R7E, W\1/2\ 
Section 32 and W\1/2\ Section 29. Primary constituent elements are the 
loose cinder talus slopes of the alpine tundra system of the San 
Francisco Peaks and absence of disturbance and damage from hikers.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.157
    
    Family Asteraceae: Stephanomeria malheurensis (Malheur wire-
lettuce). Oregon, Harney County; the lands west of State Highway 205 
within the SE \1/4\ of the NE \1/4\ and the NE \1/4\ of the SE \1/4\, 
Section 11; and the W \1/2\ of the SW \1/4\ of the NW \1/4\, and the SW 
\1/4\ of the NE \1/4\ of the SW \1/4\, and the NW \1/4\ of the SW \1/4\, 
Section 12, T27S, R30E, Willamette Meridian.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.158
    
    Boraginaceae: Amsinckia grandiflora (large-flowered fiddleneck)
    California, San Joaquin County, Mount Diablo Meridian, T3S R4E 
Section 28 W\1/2\ NW\1/4\ and W\1/2\ SW\1/4\.
    This includes the known primary constituent elements of a steep, 
west- and south-facing slope with light textured but stable soils.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.159
    
    Family Brassicaceae: Erysimum capitatum var. angustatum (Contra 
Costa Wallflower). California. An area of land, water, and airspace in 
Contra Costa County, with the following components: T. 2 N. R. 2 E. 
SW\1/4\ section 17, E\2/3\ of S\1/3\ of section 18.
    Note: Map follows:

[[Page 415]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.160

    Family Chenopodiaceae: Nitrophila mohavensis (Amargosa niterwort). 
California, Inyo County, Ash Meadows: W\1/2\ sec. 5, E\1/2\ sec. 6, 
NE\1/4\ and E\1/2\NW\1/4\ sec. 7, NW\1/4\ sec. 8, T25N, R6E.
    Known primary constituent elements include salt-encrusted alkaline 
flats.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.161
    
    Family Cistaceae: Hudsonia montana (Mountain golden heather) North 
Carolina; Burke County; the areas bounded by the following: on the west 
by the 2200' contour; on the east by the Linville Gorge Wilderness 
Boundary north from the intersection of the 2200' contour and the 
Shortoff Mountain Trail to where it intersects the 3400' contour at 
``The chimneys''--then following the 3400' contour north until it 
reintersects the Wilderness Boundary--then following the Wilderness 
Boundary again northward until it intersects the 3200' contour extending 
west from its intersection with the Wilderness Boundary until it begins 
to turn south--at this point the Boundary extends due east until it 
intersects the 2200' contour.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.162
    
           Family Cyperaceae: Carex specuicola (Navajo sedge)

    Arizona: Coconino County; Navajo Indian Reservation. A 40 x 5 meter 
rectangular area, with its long axis in the direction of seep-spring 
flow, around each of the following points: (1) Latitude 36 deg.39'53" N, 
longitude 110 deg.47'18" W; (2) latitude 36 deg.40'07" N, longitude 
110 deg.47'55" W; and (3) latitude 36 deg.40'18" N, longitude 
110 deg.48'15" W. Primary constituent elements include moist sandy to 
silty soils at shady seep-springs within the Navajo Sandstone Formation.
    Note: Map follows:

[[Page 416]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.163

    Family Fabaceae: Astragalus montii (Heliotrope milk-vetch). Utah, 
Sanpete County, western Heliotrope Mountain. T19S R4E, Sec. 34, SE \1/4\ 
of SW \1/4\ of SE \1/4\ of NW \1/4\; S \1/2\ of SE \1/4\ of SE \1/4\ of 
NW \1/4\; NE \1/4\ of NW \1/4\ of NE \1/4\ of SW \1/4\; NE \1/4\ of NE 
\1/4\ of SW \1/4\; E \1/2\ of SE \1/4\ of NE \1/4\ of SW \1/4\; NE \1/4\ 
of NW \1/4\ of SE \1/4\ of SW \1/4\; S \1/2\ of NW \1/4\ of SE \1/4\ of 
SW \1/4\; NW \1/4\ of SE \1/4\ of SW \1/4\; N \1/2\ of SW \1/4\ of SE 
\1/4\ of SW \1/4\; SW \1/4\ of SW \1/4\ of SE \1/4\ of SW \1/4\; W \1/2\ 
of SE \1/4\ of NW \1/4\ of SE \1/4\; NW \1/4\ of NW \1/4\ of SW \1/4\ of 
SE \1/4\. The primary constituent element is the white limestone barrens 
of the Flagstaff Formation.
[GRAPHIC] [TIFF OMITTED] TC01JN91.164

    Family Fabaceae: Astragalus phoenix (Ash Meadows milk-vetch). 
Nevada, Nye County, Ash Meadows: W\1/2\NW\1/4\ and SW\1/4\SW\1/4\ sec. 
14, SW\1/4\NE\1/4\ and W\1/2\SE\1/4\ sec. 21, NE\1/4\SE\1/4\ sec. 22, 
NW\1/4\ sec. 26, T17S, R50E. SW\1/4\ and W\1/2\SE\1/4\ sec. 1, NW\1/
4\NE\1/4\ and N\1/2\NW\1/4\ sec. 12, SW\1/4\SW\1/4\ sec. 13, W\1/2\NW\1/
4\ sec. 24, T18S, R50E. SE\1/4\SW\1/4\ and SW\1/4\SE\1/4\ sec. 7, N\1/
2\NW\1/4\ and E\1/2\SW\1/4\ sec. 18, NE\1/4\NW\1/4\ sec. 19, T18S, R51E.

[[Page 417]]

    Known primary constituent elements include dry, hard, white, barren, 
saline, clay flats, knolls, and slopes.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.165
    
    Family Gentianaceae: Centaurium namophilum (spring-loving centaury). 
Nevada, Nye County, Ash Meadows: SW\1/4\NE\1/4\, SE\1/4\NW\1/4\, E\1/
2\SW\1/4\, and W\1/2\SE\1/4\ sec. 21; W\1/2\NW\1/4\ sec. 23, NW\1/
4\NE\1/4\ and NE\1/4\NW\1/4\ sec. 28, SE\1/4\SE\1/4\ sec. 34, SW\1/
4\SW\1/4\ and E\1/2\SW\1/4\ sec. 35, T17S, R50E. SW\1/2\ sec. 1, NE\1/
4\NW\1/4\ and W\1/2\NW\1/4\ sec. 2, E\1/2\NE\1/4\ sec. 3, NE\1/4\ sec. 
7; SE\1/4\SE\1/4\ sec. 23, SE\1/4\SW\1/4\ sec. 24, T18S, R50E. NW\1/
4\SE\1/4\ sec. 7, S\1/2\NW\1/4\ and SW\1/4\ sec. 18, NW\1/4\ and NE\1/
4\SE\1/4\ sec. 19, E\1/2\SW\1/4\ sec. 20, N\1/2\NW\1/4\ sec. 29, NE\1/
4\NW\1/4\ sec. 30, T18S, R51E.
    Known primary constituent elements include moist to wet clay soils 
along banks of streams or in seepage areas.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.166
    
    Family Lamiaceae: Hedeoma todsenii (Todsens pennyroyal).
    New Mexico; Sierra County; the Critical Habitat of Hedeoma todsenii 
is best defined by two one-square kilometer sections on the 1000 m2 
Universal Transverse Mercator Grid, Zone 13. The more northern critical 
habitat lies between 76 and 77,000 m N and 39 and 40,000 m E. The 
southern area lies between 74 and 75,000 m N and 40 and 41,000 m E. 
Gypsum limestone soils.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.167
    
    Family Loasaceae: Mentzelia leucophylla (Ash Meadows blazing star). 
Nevada, Nye County, Ash Meadows: SW\1/4\SW\1/4\ sec. 15, S\1/2\NE\1/4\, 
N\1/2\SE\1/4\, and SW\1/4\SE\1/4\ sec. 21, NW\1/4\NW\1/4\, S\1/2\NW\1/
4\, and NE\1/4\SE\1/4\ sec. 22, NW\1/4\SW\1/4\ sec. 23, NW\1/4\NE\1/4\ 
sec. 28,

[[Page 418]]

SE\1/4\SW\1/4\ and SE\1/4\ sec. 35, SW\1/4\SW\1/4\ sec. 36, T17S, R50E. 
NW\1/4\NW\1/4\, SW\1/4\SW\1/4\, and E\1/2\SW\1/4\ sec. 1, NE\1/4\NE\1/4\ 
and S\1/2\SE\1/4\ sec. 2, N\1/2\NE\1/4\ sec. 11, NW\1/4\ sec. 12, T18S, 
R50E.
    Known primary constituent elements include sandy or saline clay 
soils along canyon washes and near springs and seeps.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.168
    
    Malvaceae: Kokia drynarioides (koki'o). Hawaii, Island and County of 
Hawaii, North Kona District, three areas totaling approximately 2,600 
acres.

    1. Ka'upulehu Ahupua'a area, bounded as follows: from a point of 
origin at Universal Transverse Mercator (UTM) coordinate 925880 near or 
on the west boundary of the Ka'upulehu 1800-1801 lava flow 
(approximately at intersection of said west boundary and 2600 ft 
elevation contour); thence west southwesterly approximately 864 ft to 
UTM coordinate 914875 (also near 2600 ft elevation contour); thence 
north northwesterly approximately 1987 ft to UTM coordinate 909899 (near 
the 1400 ft elevation contour); thence east northeasterly approximately 
378 ft to UTM coordinate 913900 (also near the 1400 ft elevation 
contour; then south southeasterly approximately 720 ft to UTM coordinate 
916891; thence east northeasterly approximately 320 ft to UTM coordinate 
920892 (near the said west boundary of the 1800-1801 lava flow); thence 
south southeasterly approximately 1140 ft to the point of origin. 
Included in this area is Ka'upulehu Forest Reserve, Section B.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.169
    
    2. Ka'upulehu Ahupua'a and Pu'uwa'awa'a Ahupua'a boundary area, 
identified as follows: An unnamed kipuka (discontinuity) in 1800-1801 
lava that straddles the boundary between Ka'upulehu and Pu'uwa'awa'a 
Ahupua'a and also crosses Mamalahoa Highway between 2400 and 1000 feet 
of elevation. Excluded is a small tongue of the said kipuka that extends 
south of UTM coordinate 941885 at approximately 2400 ft of elevation and 
above. UTM coordinate 931924 marks the low elevation end of the said 
kipuka.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.170
    
    3. Pu'uwa'awa'a Ahupua'a area, identified as follows: Halepi'ula 3, 
Waimea Paddock of Pu'uwa'awa'a Ranch, which lies south of (upslope) and 
abuts Mamalahoa Highway just east of the boundary between Ka'upulehu and 
Pu'uwa'awa'a Ahupua'a.

[[Page 419]]

East boundary of the 1800-1801 Ka'upulehu lava flow is the west boundary 
of the paddock. The paddock corners are near UTM coordinates 948901 
(NW), 985909 (NE) 973886 (SE), and 971879 (SW).
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.171
    
    Primary constituent elements of critical habitat are appropriate 
soil type, climate, protection from grazing damage, protection from 
aggressive exotic weeds, and presence of suitable pollinators.

    Family Onagraceae: Oenothera deltoides ssp. howellii (Antioch Dunes 
Evening-Primrose). California. An area of land, water, and airspace in 
Contra Costa County with the following components: T. 2 N. R. 2 E. SW\1/
4\ section 17, E\2/3\ of S\1/3\ of section 18.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.172
    
    Family Poaceae: Panicum faurei var. carteri (Carter's panicgrass) 
Hawaii: City and County of Honolulu: Entire island of Mokoli'i (see 
map).

    Probable primary constituent elements include: Exposure to strong 
sunlight; low rainfall; exposure to sea spray; and presence of gravelly, 
basalt-derived soil.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.173
    
    Family Poaceae: Zizania texana (Texas Wild-Rice) Texas, Hays County; 
Spring Lake and its outflow, the San Marcos River, downstream to its 
confluence with the Blanco River.
      
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.174
    
    Family Polygonaceae: Eriogonum gypsophilum (Gypsum Wild Buckwheat) 
New Mexico; Eddy County; T20S, R25E, Section 19: N\1/2\, N\1/2\ NE\1/4\ 
SE\1/4\, N\1/2\ NW\1/4\ SE\1/4\; and T20S, R24E, Section 24: N\1/2\ 
NE\1/4\, N\1/2\ S\1/2\ NE\1/4\, NE\1/4\ NW\1/4\, N\1/2\ SE\1/4\ NW\1/4\; 
gypsum soils.
    Note: Map follows:

[[Page 420]]

[GRAPHIC] [TIFF OMITTED] TC01JN91.175

    Family Polygonaceae: Eriogonum pelinophilum (clay-loving wild-
buckwheat). Colorado, Delta County. About 3 miles east of Austin near 
Highway 92. T14S, R94W 6th P.M. Section 26--west 225 feet of Section 26 
lying south of State Highway 92 (5.6 acres). Section 27--that part of 
the SE\1/4\SE\1/4\ lying south of State Highway 92 (35.6 acres). Section 
34--an area bounded by a line beginning at the northeast corner of 
Section 34, thence south along the section line 200 feet to a point; 
thence southwesterly to a point 1050 feet south and 550 feet west of the 
northeast corner of Section 34; thence southwesterly to a point 700 feet 
north and 900 feet east of center \1/4\ corner of Section 34; thence 
westerly 900 feet to the north-south \1/4\ line; thence northerly 600 
feet along the \1/4\ line to a point; thence northeasterly to a point of 
the east \1/16\ line; thence northerly along the \1/16\ line 300 feet to 
the north section line of Section 34; thence easterly along the north 
section line to the point of beginning (65.0 acres). Section 35--north 
200 feet of the west 225 feet (1.0 acres). Section 27--west 200 feet of 
Section 27 lying south of State Highway 92 (4.3 acres). Section 28--east 
400 feet of Section 28 lying south of State Highway 92 (8.3 acres). 
Total 119.8 acres. The primary constituent elements include those 
factors associated with the whitish alkaline clay soils within the 
sparsely vegetated badlands of Mancos shale.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.186
    
    Family Rhamnaceae: Gouania hillebrandii. Hawaii, Maui County, Maui 
Island, Lahaina District, two zones located as follows:
    (1) Pa'upa'u Zone, Ahupua'a of Kuia. The following Universal 
Transverse Mercator (UTM) designations form the corners of the 
quadrangular Pa'upa'u habitat area:

                              NW:0744123121

                              NE:0744723122

                              SW:0744223118

                              SE:0744723117

    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.177
    
    (2) Lihau Zone, Ahupua'a of Kuia. This zone consists of three 
circular areas having radii of 0.1 mile on the western slopes of

[[Page 421]]

Lihau Mountain, one centered at Pu'u Hipa (near UTM 0746823070), one at 
UTM 0747723063, and the third at UTM 0747223059.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.178
    
    Primary constituent habitat elements are considered to be climatic 
and edaphic factors that discourage introduced plant competitors and 
insect pests, and freedom from unrestricted browsing and trampling by 
domestic or feral livestock.

    Family Rosaceae--Invesia kingii var. eremica (Ash Meadows invesia). 
Nevada, Nye County, Ash Meadows: SW\1/4\NE\1/4\ and W\1/2\SE\1/4\ sec. 
21, S\1/2\SW\1/4\ and SW\1/4\SE\1/4\ sec. 35, T17S, R50E. SW\1/4\ sec. 
1, N\1/2\NW\1/4\ and SW\1/4\SW\1/4\ sec. 2, NE\1/4\NE\1/4\ sec. 3, NW\1/
4\NE\1/4\ sec. 12, N\1/2\NE\1/4\ and SE\1/4\NE\1/4\ sec. 23, N\1/2\NW\1/
4\, SW\1/4\NW\1/4\, and NW\1/4\SW\1/4\ sec. 24, T18S, R50E.
    Known primary constituent elements include saline seep areas of 
light colored clay uplands.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.179
    
    Family Rosaceae: Potentilla robbinsiana (Robbins cinquefoil). New 
Hampshire, Coos County; the area is a strip of land 4,066 feet long and 
450 feet wide with east and west boundaries running parallel to Trail A 
(see map): starting at the north junction of Trail A and B and ending at 
their southern junction with two-thirds of the strip (300 ft.) lying to 
the east and south of Trail A and with one-third (150 ft.) lying to the 
west and north of Trail A.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TC01JN91.180
    

[43 FR 39043, Aug. 31, 1978]

    Editorial Note: For Federal Register citations affecting Sec. 17.96, 
see the List of CFR Sections Affected in the Finding Aids section of 
this volume.

[[Page 422]]



                   Subpart J--Manatee Protection Areas

    Source: 44 FR 60964, Oct. 22, 1979, unless otherwise noted.



Sec. 17.100  Purpose.

    This subpart provides a means for establishing manatee protection 
areas without waters under the jurisdiction of the United States, 
including coastal waters adjacent to and inland waters within the 
several States, within which certain waterborne activities will be 
restricted or prohibited for the purpose of preventing the taking of 
manatees.



Sec. 17.101  Scope.

    This subpart applies to the West Indian manatee (Trichechus 
manatus), also known as the Florida manatee and as the sea cow. The 
provisions of this subpart are in addition to, and not in lieu of, other 
regulations contained in this chapter I which may require a permit or 
prescribe additional restrictions on the importation, exportation, 
transportation, or taking of wildlife, and the regulations contained in 
title 33, CFR, which regulate the use of navigable waters.



Sec. 17.102  Definitions.

    In addition to definitions contained in the Acts, part 10 of this 
subchapter, and Sec. 17.3 of this part, and unless the context otherwise 
requires, in this subpart:
    Acts means the Endangered Species Act of 1973, as amended (87 Stat. 
884, 16 U.S.C. 1531-1543) and the Marine Mammal Protection Act of 1972, 
as amended (86 Stat. 1027, 16 U.S.C. 1361-1407);
    Authorized officer means any commissioned, warrant, or petty officer 
of the U.S. Coast Guard, or any officer or agent designated by the 
Director of the U.S. Fish and Wildlife Service, the Secretary of the 
Interior, the Secretary of Commerce, or the Secretary of the Treasury, 
or any officer designated by the head of a Federal or State agency which 
has entered into an agreement with the Secretary of the Interior, 
Secretary of Commerce, Secretary of the Treasury, or Secretary of 
Transportation to enforce the Acts, or any Coast Guard personnel 
accompanying and acting under the direction of a person included above 
in this definition;
    Manatee protection area means a manatee refuge or a manatee 
sanctuary;
    Manatee refuge means an area in which the Director has determined 
that certain waterborne activity would result in the taking of one or 
more manatees, or that certain waterborne activity must be restricted to 
prevent the taking of one or more manatees, including but not limited to 
a taking by harassment;
    Manatee sanctuary means an area in which the Director has determined 
that any waterborne activity would result in a taking of one or more 
manatees, including but not limited to a taking by harassment;
    Waterborne activity includes, but is not limited to, swimming, 
diving (including skin and scuba diving), snorkeling, water skiing, 
surfing, fishing, the use of water vehicles, and dredging and filling 
operations;
    Water vehicle includes, but is not limited to, boats (whether 
powered by engine, wind, or other means), ships (whether powered by 
engine, wind, or other means), barges, surfboards, water skis, or any 
other device or mechanism the primary or an incidental purpose of which 
is locomotion on, across, or underneath the surface of the water.



Sec. 17.103  Establishment of protection areas.

    The Director may, by regulation issued in accordance with 5 U.S.C. 
553 and 43 CFR part 14, establish manatee protection areas whenever 
there is substantial evidence showing such establishment is necessary to 
prevent the taking of one or more manatees. Any regulation establishing 
a manatee protection area shall state the following information:
    (a) Whether the area is to be a manatee sanctuary or refuge.
    (1) If the area is to be a manatee sanctuary, the regulation shall 
state that all waterborne activities are prohibited.
    (2) If the area is to be a manatee refuge, the regulation shall 
state which, if any, waterborne activities are prohibited, and it shall 
state the applicable restrictions, if any, on permitted waterborne 
activities.

[[Page 423]]

    (b) A description of the area sufficient enough so that its location 
and dimensions can be readily ascertained without resort to means other 
than published maps, natural or man-made physical reference points, and 
posted signs.
    (c) Whether the designation is to remain in effect year-round, and 
if not, the time of year it is to remain in effect.



Sec. 17.104  Prohibitions.

    Except as provided in Sec. 17.105,
    (a) Manatee sanctuary. It is unlawful for any person to engage in 
any waterborne activity within a manatee sanctuary.
    (b) Manatee refuge. It is unlawful for any person within a 
particular manatee refuge to engage in any waterborne activity which has 
been specifically prohibited within that refuge, or to engage in any 
waterborne activity in a manner contrary to that permitted by regulation 
within that area.
    (c) State law. It is unlawful for any person to engage in any 
waterborne activity prohibited by, or to engage in any waterborne 
activity in a manner contrary to that permitted by, any State law or 
regulation the primary purpose of which is the protection of manatees: 
Provided: that such State law or regulation has been issued as part of a 
program which is determined to be in accordance with the Endangered 
Species Act of 1973, pursuant to section 6(c) of that Act (16 U.S.C. 
1535(c)) or has been approved as consistent with the Marine Mammal 
Protection Act of 1972 in accordance with section 109 of that Act (16 
U.S.C. 1379) and 50 CFR 18.53.\1\
---------------------------------------------------------------------------

    \1\ Editorial Note: Section 18.53 was removed at 48 FR 22456, May 
18, 1983. See the note at part 18, subpart F.
---------------------------------------------------------------------------



Sec. 17.105  Permits and exceptions.

    (a) The Director may issue permits allowing the permittee to engage 
in any activity otherwise prohibited by this subpart. Such permits shall 
be issued in accordance with the provisions of Sec. 17.22 of this part. 
Such permits shall be issued only for scientific purposes or for the 
enhancement of propagation or survival. All of the provisions of 
Sec. 17.22 shall apply to the issuance of such permits, including those 
provisions which incorporate other sections by reference. Compliance 
with this paragraph does not by itself constitute compliance with any 
applicable requirements of part 18.
    (b) Any authorized officer may engage in any activity otherwise 
prohibited by this subpart if:
    (1) The officer is acting in the performance of his or her official 
duties; and
    (2) The activity is being conducted to directly protect any 
manatees, to enhance the propagation or survival of manatees, or is 
reasonably required to enforce the other provisions of this subpart.
    (c) Any person may engage in any activity otherwise prohibited by 
this subpart if such activity is reasonably necessary to prevent the 
loss of life or property due to weather conditions or other reasonably 
unforeseen circumstances, or to render necessary assistance to persons 
or property.
    (d) Any waterborne activity which would otherwise be prohibited by 
this subpart may be engaged in if it is conducted by or under a contract 
with a Federal agency and if the Secretary of Defense, in accordance 
with section 7(j) of the Endangered Species Act of 1973 (16 U.S.C. 
1536(j)) makes a finding that such activity is necessary for reasons of 
national security. Such a finding must be made prior to the beginning of 
the activity or the designation of the protection area, whichever occurs 
later; except that in the case of an emergency establishment of a 
protection area under Sec. 17.106, the finding must be made within 10 
days after the beginning of the activity or the designation of the 
protection area, whichever occurs later.



Sec. 17.106  Emergency establishment of protection areas.

    (a) The Director may establish a manatee protection area under the 
provisions of paragraphs (b) and (c) of this section at any time he 
determines there is substantial evidence that there is imminent danger 
of a taking of one or more manatees, and that such establishment is 
necessary to prevent such a taking.

[[Page 424]]

    (b) The establishment of a manatee protection area under this 
section shall become effective immediately upon completion of the 
following requirements:
    (1) Publication of a notice containing the information required by 
Sec. 17.103 of this section in a newspaper of general circulation in 
each county, if any, in which the protection area lies; and
    (2) Posting of the protection area with signs clearly marking its 
boundaries.
    (c) Simultaneously with the publication required by paragraph (b) of 
this section, the Director shall publish the same notice in the Federal 
Register. If simultaneous publication is impractical, because of the 
time involved or the nature of a particular emergency situation, failure 
to publish notice in the Federal Register simultaneously shall not delay 
the effective date of the emergency establishment. In such a case, 
notice shall be published in the Federal Register as soon as possible.
    (d) No emergency establishment of a protection area shall be 
effective for more than 120 days. Termination of an emergency 
establishment of a protection area shall be accomplished by publishing 
notice of the termination in the Federal Register and in a newspaper of 
general circulation in each county, if any, in which the protection area 
lies.
    (e) Within 10 days after establishing a protection area in 
accordance with this section, the Director shall commence proceedings to 
establish the area in accordance with Sec. 17.103.



Sec. 17.107  Facilitating enforcement.

    Water vehicles operating in manatee sanctuary or refuge waters are 
subject to boarding and inspection for the purpose of enforcing the Acts 
and these regulations.
    (a) The operator of a water vehicle shall immediately comply with 
instructions issued by authorized officers to facilitate boarding and 
inspection of the water vehicle.
    (b) Upon being approached by an authorized officer, the operator of 
a water vehicle shall be alert for signals conveying enforcement 
instructions.
    (c) A water vehicle signaled for boarding shall:
    (1) Guard channel 16, VHF-FM, if equipped with a VHF-FM radio;
    (2) Stop immediately and lay to or maneuver in such a manner as to 
facilitate boarding by the authorized officer and his or her party;
    (3) When necessary to facilitate the boarding, provide a safe 
ladder, manrope, safety line and illumination of the ladder; and
    (4) Take such other actions as may be necessary to ensure the safety 
of the authorized officer and his or her party and to facilitate the 
boarding and inspection.
    (d) It is unlawful for any person to assault, resist, oppose, 
impede, intimidate, or interfere with any authorized officer or member 
of his or her party.



Sec. 17.108  List of designated manatee protection areas.

    (a) Manatee sanctuaries. The following areas are designated as 
manatee sanctuaries. All waterborne activities are prohibited in these 
areas during the period November 15-March 31 of each year. The areas 
which will be posted are described as follows:

    (1) That part of Kings Bay, Crystal River, Citrus County, within T. 
18 S., R. 17 E., Tallahassee Meridian; located in SW\1/4\ fractional 
section 28, more particularly described as follows:
    Beginning at Corner 1 (N-1,653,459/E-308,915) Florida Coordinate 
System, West Zone, a point on the shoreline of Kings Bay near the 
southwest corner of Lot 9 as accepted on a plat by the Department of the 
Interior, General Land Office, dated January 10, 1928; thence easterly, 
along said shoreline, approximately 1240 feet to Corner 2 (N-1,653,762/
E/309,641) a point; thence S. 56 deg.58'11" W., across open water, 
776.49 feet to Corner 3 (N-1,653,339/E-308,990) a point; thence N. 
32 deg.03'07" W., across open water, 142.26 feet to the point of 
beginning, containing 3.41 acres, more or less, to be known as the 
Banana Island Sanctuary.
    (2) That part of Kings Bay, Crystal River, Citrus County, Florida, 
within T. 18 S., R. 17 E., Tallahassee Meridian; located in SW\1/4\ 
fractional section 28, more particularly described as follows:
    Beginning at Corner 1 (N-1,652,684/E-309,396) Florida Coordinate 
System, West Zone, a point on the shoreline of Kings Bay, said point 
being the northwest corner of Lot 31 Sunset Shores Addition to Woodward 
Park (Plat Book 2, page 140 Citrus County Property Appraiser's Office); 
thence N. 35 deg.05'33" W., across open water, 439.10 feet to Corner 2 
(N-1,653,043/E-309,144) a point; thence N.

[[Page 425]]

67 deg.23'28" E., across open water, 873.45 feet to Corner 3, a point on 
the shoreline of Kings Bay said point also being a corner in the 
northerly boundary line of Lot 21 in said subdivision; thence 
southwesterly along said shoreline and the northerly boundary of Lots 
21-31, including a canal, approximately 920 feet to the point of 
beginning, containing 5.62 acres, more or less, to be known as the 
Sunset Shores Sanctuary.
    (3) A tract of submerged land, lying in Sections 21 and 28, Township 
18 South, Range 17 East in Citrus County, Florida, more particularly 
described as follows: All of the submerged land lying within the mean 
high water line of a canal bordering the western, northern, and eastern 
sides of Paradise Isle Subdivision, as recorded in Plat Book 3, Page 88 
of the Public Records of Citrus County, Florida; bounded at the western 
exit by a line drawn between the southwestern corner of Lot 7 of said 
Paradise Isle Subdivision and the southeastern corner of Lot 22 of 
Springs O'Paradise Subdivision, Unit No. 3, as recorded in Plat Book 3, 
Page 70 of said Public Records; and bounded at the eastern exit by an 
easterly extension of the south boundary of said Paradise Isle 
Subdivision; Containing 3.4 acres, more or less.
    (4) A tract of submerged land, lying in Sections 28 and 29, Township 
18 South, Range 17 East in Citrus County, Florida, more particularly 
described as follows: For a point of reference, commence at the 
southwest corner of said Section 28; Then go N 06 deg.01'23" W for 
4466.90 feet to a 10-inch diameter concrete monument marking the Point 
of Beginning; Then go N 10 deg.05'38" W for 477.32 feet to a 10-inch 
diameter concrete monument with an attached buoy; Then go N 
37 deg.34'41" E for 651.07 feet to a 10-inch diameter concrete monument 
with an attached buoy; Then go S 73 deg.26'46" E for 634.10 feet to a 
10-inch diameter concrete monument with an attached buoy; Then go S 
17 deg.50'16" E for 1691.53 feet to a 10-inch diameter concrete monument 
with an attached buoy; Then go S 71 deg.48'58" W for 117.87 feet to a 
10-inch diameter concrete monument with an attached buoy; Then continue 
S 71 deg.48'58" W for 5 feet more or less to the mean high water line of 
Buzzard Island; Then follow said mean high water line northerly and 
westerly to a point lying S 10 deg.05'38" E of the point of beginning; 
Then go N 10 deg.05'38" W for 5 feet more or less to the point of 
beginning; Containing 18.0 acres, more or less.
    (5) A tract of submerged land, lying in Section 28, Township 18 
South, Range 17 East in Citrus County, Florida, more particularly 
described as follows: For a point of reference, commence at the 
southwest corner of said Section 28; Then go N 28 deg.55'06" E for 
2546.59 feet to a 4-inch diameter iron pipe marking the Point of 
Beginning; Then go N 44 deg.23'41" W for 282.45 feet to a 10-inch 
diameter concrete monument with an attached buoy; Then go N 
33 deg.53'16" E for 764.07 feet to a 10-inch diameter concrete monument 
with an attached buoy; Then go S 31 deg.51'55" E for 333.22 feet to a 4-
inch diameter iron pipe; Then continue S 31 deg.51'55" E for 5 feet more 
or less to the mean high water line of Banana Island; Then go westerly 
along said main high water line to a point lying S 44 deg.23'41" E from 
the point of beginning; Then go N 44 deg.23'41" W for 5 feet more or 
less to the point of beginning; Containing 4.6 acres, more or less.
    (6) A tract of submerged land, lying in Section 28, Township 18 
South, Range 17 East in Citrus County, Florida, more particularly 
described as follows: For a point of reference, commence at the 
southwest corner of said Section 28; Then go N 06 deg.43'00" E for 
1477.54 feet to a 10-inch diameter concrete monument marking the Point 
of Beginning; Then go N 06 deg.24'59" W for 251.66 feet to a 10-inch 
diameter concrete monument with an attached buoy; Then go N 
65 deg.41'12" E for 637.83 feet to a 10-inch diameter concrete monument 
with an attached buoy; Then go S 55 deg.40'52" E for 272.86 feet to a 
10-inch diameter concrete monument; Then continue S 65 deg.15'06" W for 
857.22 feet to the point of beginning; Containing 4.0 acres, more or 
less.
    (7) A tract of submerged land, lying in Section 28, Township 18 
South, Range 17 East, Tallahassee Meridian, Citrus County, Florida, more 
particularly described as follows: For a point of reference, commence at 
the southwest corner of said Section 28 (N-1651797.56 E-463846.96) 
Florida Coordinate System, West Zone, NAD 1983, N.G.S. adjustment of 
1990 (expressed in U.S. survey feet); thence N. 40 deg.08'47" E., 
5551.65 feet (5551.57 feet grid distance) to an aluminum monument 
stamped ``PSM 3341 1998'' (N1656009.01 E-467449.35) marking the Point of 
Beginning; thence N. 77 deg.06'49" E., 71.84 feet to an aluminum 
monument stamped ``PSM3341 1998'' (N-1656025.04, N-467519.38); thence S. 
04 deg.37'09" W., 29.88 feet to an aluminum monument stamped ``PSM 3341 
1998'' (N-1655995.26 E-467516.98); thence N. 78 deg.29'57" W., 69.01 
feet to the point of beginning; to be known as the Three Sisters Spring 
Sanctuary.

    (b) Exception for residents. Boat access to private residences, boat 
houses, and boat docks through these sanctuaries by the residents and 
their authorized guests is permitted. Any such authorized boating 
activity must be conducted by operating motorboats at idle speed/no 
wake. Residents' boats will be identified by the placement of a sticker 
provided by the Fish and Wildlife Service in a conspicuous location on 
each boat. Use of the waters within the sanctuaries by boats will be 
only for the purpose of access to residences and

[[Page 426]]

the storage of such boats in waters adjacent to residences.
    Note: Map follows:
    [GRAPHIC] [TIFF OMITTED] TR16OC98.000
    
[45 FR 74881, Nov. 12, 1980, as amended at 57 FR 5990, Feb. 19, 1992; 59 
FR 24658, May 12, 1994; 63 FR 55556, Oct. 16, 1998]

[[Page 427]]



PART 18--MARINE MAMMALS--Table of Contents




                         Subpart A--Introduction

Sec.
18.1  Purpose of regulations.
18.2  Scope of regulations.
18.3  Definitions.
18.4  Information collection requirements.

                         Subpart B--Prohibitions

18.11  Prohibited taking.
18.12  Prohibited importation.
18.13  Prohibited uses, possession, transportation, and sales.
18.14  Marine mammals taken before the Act.

                      Subpart C--General Exceptions

18.21  Actions permitted by international treaty, convention, or 
          agreement.
18.22  Taking by Federal, State or local government officials.
18.23  Native exemptions.
18.24  Taking incidental to commercial fishing operations.
18.25  Exempted marine mammals or marine mammals products.
18.26  Collection of certain dead marine mammal parts.
18.27  Regulations governing small takes of marine mammals incidental to 
          specified activities.

                      Subpart D--Special Exceptions

18.30  Polar bear sport-hunted trophy import permits.
18.31  Scientific research permits and public display permits.
18.32  Waiver of the moratorium.
18.33  Procedures for issuance of permits and modification, suspension, 
          or revocation thereof.

Subpart E--Depleted Species or Stocks [Reserved]

Subpart F--Transfer of Management Authority to States [Note]

        Subpart G--Notice and Hearing on Section 103 Regulations

18.70  Basis and purpose.
18.71  Definitions.
18.72  Scope of regulations.
18.73  Burden of proof.
18.74  Notice of hearing.
18.75  Notification by interested persons.
18.76  Presiding officer.
18.77  Direct testimony submitted as written documents.
18.78  Mailing address.
18.79  Inspection and copying of documents.
18.80  Ex parte communications.
18.81  Prehearing conference.
18.82  Prehearing order.
18.83  Determination to cancel the hearing.
18.84  Rebuttal testimony and new issues of fact in prehearing order.
18.85  Waiver of right to participate.
18.86  Conduct of the hearing.
18.87  Direct testimony.
18.88  Cross-examination.
18.89  Oral and written arguments.
18.90  Recommended decision, certification of the transcript and 
          submission of comments on the recommended decision.
18.91  Director's decision.

Subpart H--Waiver of Moratorium on Taking and Importation of Individual 
                          Marine Mammal Species

18.92  Purpose of regulations.
18.93  Scope of regulations.
18.94  Pacific walrus (Alaska).

Subpart I  [Reserved]

     Subpart J--Taking of Marine Mammals Incidental to Oil and Gas 
 Exploration, Development and Production Activities in the Beaufort Sea 
                  and Adjacent Northern Coast of Alaska

18.121  What specified activities does this rule cover?
18.122  In what specified geographic region does this rule apply?
18.123  When is this rule effective?
18.124  How do I obtain a Letter of Authorization?
18.125  What criteria do we use to evaluate Letter of Authorization 
          requests?
18.126  What does my Letter of Authorization allow?
18.127  What activities are prohibited?
18.128  What are the monitoring and reporting requirements?
18.129  What are the information collection requirements?

    Authority: 16 U.S.C. 1361 et seq.

    Source: 39 FR 7262, Feb. 25, 1974, unless otherwise noted.



                         Subpart A--Introduction



Sec. 18.1  Purpose of regulations.

    The regulations contained in this part implement the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361-1407), which among other things, 
restricts the taking, possession, transportation, selling, offering for 
sale, and importing of marine mammals.

[[Page 428]]



Sec. 18.2  Scope of regulations.

    (a) This part 18 applies solely to marine mammals and marine mammal 
products as defined in Sec. 18.3. For regulations under the Act with 
respect to cetacea (whales and porpoises), pinnipedia, other than walrus 
(seals and sea lions), see 50 CFR part 216.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife. 
(See also part 13 of this subchapter.)



Sec. 18.3  Definitions.

    In addition to definitions contained in section 3 of the Act and in 
part 10 of this subchapter, and unless the context requires otherwise, 
in this part 18:
    Act means the Marine Mammal Protection Act of 1972, 86 Stat. 1027, 
16 U.S.C. 1361-1407; Pub. L. 92-522.
    Alaskan Native means a person defined in the Alaska Native Claims 
Settlement Act (43 U.S.C. section 1603(b) (85 Stat. 588)) as a citizen 
of the United States who is of one-fourth degree or more Alaska Indian 
(including Tsimshian Indians enrolled or not enrolled in the Metlaktla 
Indian Community), Eskimo, or Aleut blood, or combination thereof. The 
term includes any Native, as so defined, either or both of whose 
adoptive parents are not Natives. It also includes, in the absence of 
proof of a minimum blood quantum, any citizen of the United States who 
is regarded as an Alaska Native by the Native village or town of which 
he claims to be a member and whose father or mother is (or, if deceased, 
was) regarded as Native by any Native village or Native town. Any 
citizen enrolled by the Secretary pursuant to section 5 of the Alaska 
Native Claims Settlement Act shall be conclusively presumed to be an 
Alaskan Native for purposes of this part.
    Authentic native articles of handicrafts and clothing means items 
made by an Indian, Aleut, or Eskimo which (a) were commonly produced on 
or before December 21, 1972, and (b) are composed wholly or in some 
significant respect of natural materials, and (c) are significantly 
altered from their natural form and which are produced, decorated, or 
fashioned in the exercise of traditional native handicrafts without the 
use of pantographs, multiple carvers, or similar mass copying devices. 
Improved methods of production utilizing modern implements such as 
sewing machines or modern techniques at a tannery registered pursuant to 
Sec. 18.23(c) may be used so long as no large scale mass production 
industry results. Traditional native handicrafts include, but are not 
limited to, weaving, carving, stitching, sewing, lacing, beading, 
drawing, and painting. The formation of traditional native groups, such 
as cooperatives, is permitted so long as no large scale mass production 
results: Provided that, it has been determined that no items created in 
whole or in part from sea otter meet part (a) of this definition and 
therefore no such items may be sold.
    Commercial fishing operation means the lawful harvesting of fish 
from the marine environment for profit as part of an on-going business 
enterprise. Such term shall not include sport fishing activities whether 
or not carried out by charter boat or otherwise, and whether or not the 
fish so caught are subsequently sold.
    Endangered species means a species of marine mammal listed as 
``endangered'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205 (see part 17 of this subchapter).
    Incidental catch means the taking of a marine mammal (a) because it 
is directly interfering with commercial fishing operations, or (b) as a 
consequence of the steps used to secure the fish in connection with 
commercial fishing operations: Provided, however, That a marine mammal 
so taken must immediately be returned to the sea with a minimum of 
injury; and Provided, further, That the taking of a marine mammal which 
otherwise meets the requirements of this definition shall not be 
considered as incidental catch of that mammal if it is used subsequently 
to assist in commercial fishing operations.
    Marine mammal means any specimen of the following species, whether 
alive

[[Page 429]]

or dead, and any part thereof, including but not limited to, any raw, 
dressed, or dyed fur or skin:

------------------------------------------------------------------------
         Scientific name              Common name         Date listed
------------------------------------------------------------------------
Ursus maritimus.................  Polar bear........  Dec. 21, 1972.
Enhydra lutris..................  Sea otter.........      Do.
Odobenus rosmarus...............  Walrus............      Do.
Dugong dugon....................  Dugong............      Do.
Trichechus manatus..............  West Indian             Do.
                                   manatee.
Trichechus inunguis.............  Amazonian manatee.      Do.
Trichechus senegalensis.........  West African            Do.
                                   manatee.
Lutra felina....................  Marine otter......  Mar. 29, 1978.
------------------------------------------------------------------------
Note: Common names given may be at variance with local usage.

    Native village or town means any community, association, tribe, 
band, clan, or group.
    Pregnant means pregnant near term.
    Subsistence means the use by Alaskan Natives of marine mammals taken 
by Alaskan Natives for food, clothing, shelter, heating, transportation, 
and other uses necessary to maintain the life of the taker or for those 
who depend upon the taker to provide them with such subsistence.
    Take means to harass, hunt, capture, collect, or kill, or attempt to 
harass, hunt, capture, collect, or kill any marine mammal, including, 
without limitation, any of the following: The collection of dead animals 
or parts thereof; the restraint or detention of a marine mammal, no 
matter how temporary; tagging a marine mammal; or the negligent or 
intentional operation of an aircraft or vessel, or the doing of any 
other negligent or intentional act which results in the disturbing or 
molesting of a marine mammal.
    Threatened species means a species of marine mammal listed as 
``threatened'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205.
    Wasteful manner means any taking or method of taking which is likely 
to result in the killing or injuring of marine mammals beyond those 
needed for subsistence purposes or for the making of authentic native 
articles of handicrafts and clothing or which results in the waste of a 
substantial portion of the marine mammal and includes without limitation 
the employment of a method of taking which is not likely to assure the 
capture or killing of a marine mammal, or which is not immediately 
followed by a reasonable effort to retrieve the marine mammal.

[39 FR 7262, Feb. 25, 1974, as amended at 43 FR 13066, Mar. 29, 1978; 55 
FR 14978, Apr. 20, 1990]



Sec. 18.4  Information collection requirements.

    (a) The Office of Management and Budget under 44 U.S.C. 3501 et seq. 
has approved the information collection requirements contained in 
Subpart D and assigned clearance number 1018-0022. The Service is 
collecting this information to review and evaluate permit applications 
and make decisions according to criteria established in various Federal 
wildlife conservation statutes and regulations, on the issuance or 
denial of permits. The applicant must respond to obtain or retain a 
permit.
    (b) The Service estimated the public reporting burden for this 
collection of information to vary from 15 minutes to 4 hours per 
response, with an average of 1.028 hours per response, including the 
time for reviewing instructions, searching existing data sources, 
gathering and maintaining the data needed, and completing and reviewing 
the collection of information. Send comments regarding this burden or 
any other aspect of this collection of information, including 
suggestions for reducing the burden, to the Service Information 
Collection Clearance Office, Fish and Wildlife, Service Office of 
Management and Budget, Mail Stop 224, Arlington Square, U.S. Department 
of the Interior, 1849 C Street, NW., Washington, DC 20240 and the Office 
of Management and Budget, Paperwork Reduction Project (1018-0022), 
Washington, DC 20503.

[62 FR 7329, Feb. 18, 1997]



                         Subpart B--Prohibitions



Sec. 18.11  Prohibited taking.

    Except as otherwise provided in subpart C, D, or H of this part 18, 
or part 403, it is unlawful for:
    (a) Any person, vessel, or conveyance subject to the jurisdiction of 
the United States to take any marine mammal on the high seas, or
    (b) Any person, vessel, or conveyance to take any marine mammal in 
waters

[[Page 430]]

or on lands under the jurisdiction of the United States.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.12  Prohibited importation.

    (a) Except as otherwise provided in subparts C and D of this part 
18, it is unlawful for any person to import any marine mammal or marine 
mammal product into the United States.
    (b) Regardless of whether an importation is otherwise authorized 
pursuant to subparts C and D of this part 18, it is unlawful for any 
person to import into the United States any:
    (1) Marine mammal: (i) Taken in violation of the Act, or
    (ii) Taken in another country in violation of the laws of that 
country;
    (2) Any marine mammal product if: (i) The importation into the 
United States of the marine mammal from which such product is made would 
be unlawful under paragraph (b)(1) of this section, or
    (ii) The sale in commerce of such product in the country of origin 
of the product is illegal.
    (c) Except in accordance with an exception referred to in subpart C 
and Secs. 18.31 and 18.32 of this part, it is unlawful to import into 
the United States any:
    (1) Marine mammal which was pregnant at the time of taking;
    (2) Marine mammal which was nursing at the time of taking, or less 
than 8 months old, whichever occurs later;
    (3) Specimen of an endangered or threatened species of marine 
mammals;
    (4) Specimen taken from a depleted species or stock of marine 
mammals; or
    (5) Marine mammal taken in an inhumane manner.
    (d) It is unlawful to import into the United States any fish, 
whether fresh, frozen, or otherwise prepared, if such fish was caught in 
a manner proscribed by the Secretary of Commerce for persons subject to 
the jurisdiction of the United States, whether or not any marine mammals 
were in fact taken incident to the catching of the fish.



Sec. 18.13  Prohibited uses, possession, transportation, and sales.

    Except as otherwise provided in the Act or these regulations, it is 
unlawful for:
    (a) Any person to use any port, harbor, or other place under the 
jurisdiction of the United States for any purpose in any way connected 
with a prohibited taking or any unlawful importation of any marine 
mammal or marine mammal products;
    (b) Any person to possess any marine mammal, or product therefrom, 
taken in violation of the Act or these regulations;
    (c) Any person to transport, purchase, sell, or offer to purchase or 
sell any marine mammal or marine mammal product; or
    (d) Any person subject to the jurisdiction of the United States to 
use in a commercial fishery, any means or method of fishing in 
contravention of regulations and limitations issued by the Secretary of 
Commerce for that fishery to achieve the purposes of this Act.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.14  Marine mammals taken before the Act.

    (a) Section 102(e) of the Act provides in effect that the Act shall 
not apply to any marine mammal taken prior to December 21, 1972, or to 
any marine mammal product consisting of, or composed in whole or in part 
of, any marine mammal taken before such date. Such status may be 
established by submitting to the Director prior to, or at the time of 
importation, an affidavit containing the following:
    (1) The Affiant's name and address;
    (2) Identification of the Affiant;
    (3) A description of the marine mammals or marine mammal products 
which the Affiant desires to import;
    (4) A statement by the Affiant that to the best of his knowledge and 
belief, the marine mammals involved in the application were taken prior 
to December 21, 1972;
    (5) A statement by the Affiant in the following language:

    The foregoing is principally based on the attached exhibits which, 
to the best of my

[[Page 431]]

knowledge and belief, are complete, true and correct. I understand that 
this affidavit is being submitted for the purpose of inducing the 
Federal Government to permit the importation of __________ under the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and 
regulations promulgated thereunder, and that any false statements may 
subject me to the criminal penalties of 18 U.S.C. 1001.

    (b) Either one of two exhibits shall be attached to such affidavit, 
and will contain either:
    (1) Records or other available evidence showing that the product 
consists of or is composed in whole or in part of marine mammals taken 
prior to December 21, 1972. Such records or other evidentiary material 
must include information on how, when, where, and by whom the animals 
were taken, what processing has taken place since taking, and the date 
and location of such processing; or
    (2) A statement from a government agency of the country of origin 
exercising jurisdiction over marine mammals that any and all such 
mammals from which the products sought to be imported were derived were 
taken prior to December 21, 1972.
    (c) Service agents, or Customs officers, may refuse to clear marine 
mammals or marine mammal products for importation into the United 
States, pursuant to Sec. 14.53 of this subchapter, until the importer 
can demonstrate, by production of the affidavit referred in above or 
otherwise, that section 102(e) of the Act applies to all affected items.
    (d) This section has no application to any marine mammal or marine 
mammal product intended to be imported pursuant to Sec. 18.21, 
Sec. 18.31 or Sec. 18.32 of this part.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



                      Subpart C--General Exceptions



Sec. 18.21  Actions permitted by international treaty, convention, or agreement.

    The Act and these regulations shall not apply to the extent that 
they are inconsistent with the provisions of any international treaty, 
convention or agreement, or any statute implementing the same, relating 
to the taking or importation of marine mammals or marine mammal 
products, which was existent and in force prior to December 21, 1972, 
and to which the United States was a party. Specifically, the 
regulations in subpart B of this part and the provisions of the Act 
shall not apply to activities carried out pursuant to the Interim 
Convention on the Conservation of North Pacific Fur Seals signed in 
Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C. 
1151-1187, as, in each case, from time to time amended.



Sec. 18.22  Taking by Federal, State or local government officials.

    (a) A Federal, State or local government official or employee may 
take a marine mammal in the course of his duties as an official or 
employee and no permit shall be required, if such taking:
    (1) Is accomplished in a humane manner;
    (2) Is for the protection or welfare of such mammal or from the 
protection of the public health or welfare; and
    (3) Includes steps designed to insure return of such mammal, if not 
killed in the course of such taking, to its natural habitat. In 
addition, any such official or employee may, incidental to such taking, 
possess and transport, but not sell or offer for sale, such mammal and 
use any port, harbor or other place under the jurisdiction of the United 
States. All steps reasonably practicable under the circumstances shall 
be taken by any such employee or official to prevent injury or death to 
the marine mammal as the result of such taking.
    (b) Each taking permitted under this section should be included in a 
written report, to be submitted to the Director every six months, 
beginning December 31, 1973. Unless otherwise permitted by the Director, 
the report shall contain a description of:
    (1) The animal involved;
    (2) The circumstances requiring the taking;
    (3) The method of taking;
    (4) The name and official position of the State official or employee 
involved;
    (5) The disposition of the animal, including in cases where the 
animal has

[[Page 432]]

been retained in captivity, a description of the place and means of 
confinement and the measures taken for its maintenance and care; and
    (6) Such other information as the Director may require.

The reports shall be mailed to the Director, U.S. Fish and Wildlife 
Service, U.S. Department of the Interior, Washington, DC 20240.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.23  Native exemptions.

    (a) Taking. Except as otherwise provided in part 403 of this title, 
any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the 
coast of the North Pacific Ocean or the Arctic Ocean may take any marine 
mammal without a permit, subject to the restrictions contained in this 
section, if such taking is:
    (1) For subsistence purposes, or
    (2) For purposes of creating and selling authentic native articles 
of handicraft and clothing, and
    (3) In each case, not accomplished in a wasteful manner.
    (b) Restrictions. (1) ``Except for a transfer to a duly authorized 
representative of the Regional Director of the U.S. Fish and Wildlife 
Service for scientific research purposes, no marine mammal taken for 
subsistence may be sold or otherwise transferred to any person other 
than an Alaskan Native or delivered, carried, transported, or shipped in 
interstate or foreign commerce, unless:
    (i) It is being sent by an Alaskan Native directly or through a 
registered agent to a tannery registered under paragraph (c) of this 
section for the purpose of processing, and will be returned directly or 
through a registered agent to the Alaskan Native; or
    (ii) It is sold or transferred to a registered agent in Alaska for 
resale or transfer to an Alaskan Native; or
    (iii) It is an edible portion and it is sold in an Alaskan Native 
village or town.
    (2) ``Except for a transfer to a duly authorized representative of 
the Regional Director of the U.S. Fish and Wildlife Service for 
scientific research purposes, no marine mammal taken for purposes of 
creating and selling authentic Native articles of handicraft and 
clothing may be sold or otherwise transferred to any person other than 
an Indian, Aleut or Eskimo, or delivered, carried, transported or 
shipped in interstate or foreign commerce, unless:
    (i) It is being sent by an Indian, Aleut or Eskimo directly or 
through a registered agent to a tannery registered under paragraph (c) 
of this section for the purpose of processing, and will be returned 
directly or through a registered agent to the Indian, Aleut or Eskimo; 
or
    (ii) It is sold or transferred to a registered agent for resale or 
transfer to an Indian, Aleut, or Eskimo; or
    (iii) It has been first transformed into an authentic Native article 
of handicraft or clothing; or
    (iv) It is an edible portion and it is sold (A) in an Alaskan Native 
village or town or (B) to an Alaskan Native for his consumption.
    (c) The restriction in paragraph (b) shall not apply to parts or 
products of the Pacific walrus (Odobenis rosmarus) to the extent that 
the waiver of the moratorium and the approved State/Federal regulations 
relating to the taking and importation of walrus permits the delivery, 
sale, transportation or shipment of parts or products of the Pacific 
walrus in interstate or foreign commerce.
    (d) Any tannery, or person who wishes to act as an agent, within the 
jurisdiction of the United States may apply to the Director for 
registration as a tannery or an agent which may possess and process 
marine mammal products for Indians, Aleuts, or Eskimos. The application 
shall include the following information:
    (1) The name and address of the applicant;
    (2) A description of the applicant's procedures for receiving, 
storing, processing, and shipping materials;
    (3) A proposal for a system of bookkeeping and/or inventory 
segregation by which the applicant could maintain accurate records of 
marine mammals received from Indians, Aleuts, or Eskimos, pursuant to 
this section;
    (4) Such other information as the Director may request;
    (5) A certification in the following language:


[[Page 433]]


    I hereby certify that the foregoing information is complete, true, 
and correct to the best of my knowledge and belief. I understand that 
this information is submitted for the purpose of obtaining the benefit 
of an exception under the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361-1407) and regulations promulgated thereunder, and that any 
false statement may subject me to the criminal penalties of 18 U.S.C. 
1001.

    (6) The signature of the applicant.

The sufficiency of the application shall be determined by the Director, 
and in that connection, he may waive any requirement for information, or 
require any elaboration or further information deemed necessary. The 
registration of a tannery or other agent shall be subject to the 
conditions as the Director prescribes, which may include, but are not 
limited to provisions regarding records, inventory segregation, reports, 
and inspection. The Director may charge a reasonable fee for such 
applications, including an appropriate apportionment of overhead and 
administrative expenses of the Department of Interior.
    (e) Notwithstanding the preceding provisions of this section, 
whenever, under the Act, the Secretary determines any species or stock 
of marine mammals to be depleted, he may prescribe regulations pursuant 
to section 103 of the Act upon the taking of such marine mammals by any 
Indian, Aleut, or Eskimo and, after promulgation of such regulations, 
all takings of such marine mammals by such person shall conform to such 
regulations.
    (f) Marking, tagging, and reporting. (1) In addition to definitions 
contained in the Act, 50 CFR 18.3, and 50 CFR 18.27, in this paragraph 
(f):
    (i) The term ``marking and tagging'' of marine mammals as specified 
in section 109(i) of the Act refers to the actual physical attachment of 
an approved band or other such marking device or technique to the raw or 
unhandicrafted (including unmarked tanned skins) skin and skull of polar 
bears, the tusks of walruses, and the skin and skull of sea otters; and
    (ii) The term ``reporting'' means the collection by Service 
personnel or the Service's authorized local representatives of 
biological data, harvest data, and other information regarding the 
effect of taking of marine mammals on populations, the collection of 
which the Service determines to be necessary for management purposes. 
Reporting will be done on forms provided by the Service upon 
presentation for marking, tagging, and reporting purposes of the marine 
mammal(s) or specified raw or unhandicrafted parts thereof.
    (2) Notwithstanding the preceding provisions of this section, but 
subject to the provisions and conditions contained in this paragraph, no 
polar bear, walrus, or sea otter, or any parts thereof, taken or 
collected by an Alaskan Native for subsistence purposes or for purposes 
of creating and selling authentic Native articles of handicrafts and 
clothing may be possessed, transported within, or exported from Alaska 
unless the animal(s), or specified parts thereof, have been reported to, 
and properly marked and tagged by, Service personnel or the Service's 
authorized local representative; except:
    (i) An Alaskan Native that harvested or participated in the harvest 
of a polar bear, sea otter, or walrus and who possesses the animal, or 
any parts thereof, may possess the unmarked, untagged, and unreported 
animal(s), or parts thereof, for a period of time not to exceed 30 days 
from the time of taking for the purpose of transporting the specified 
parts to Service personnel or the Service's local authorized 
representative for marking, tagging, and reporting;
    (ii) Alaskan Natives and registered agents/tanneries may possess the 
specified unmarked or untagged raw, unhandicrafted, or tanned parts 
thereof for a period of time not to exceed 180 days from the effective 
date of this rulemaking for the purpose of transporting to Service 
personnel or the Service's local authorized representative for marking 
and tagging if the specified parts thereof were taken or possessed 
between December 21, 1972, and the effective date of this regulation. 
There is no reporting requirement for marine mammals, or specified parts 
thereof, covered by this paragraph.
    (3) Those unmarked, untagged, and unreported specified parts of 
polar bear, walrus, and sea otter, that must be presented to Service 
personnel or an authorized Service representative for

[[Page 434]]

marking, tagging, and reporting are as follows:
    (i) Polar bear--skin and skull.
    (ii) Walrus--tusks.
    (iii) Sea otter--skin and skull.
    (4) The locations where Service personnel or the Service's 
authorized local representative will be available for marking, tagging, 
and reporting purposes will be announced annually by the Alaska Regional 
Director. Local persons authorized to act as representatives for 
marking, tagging, and reporting purposes in the absence of Service 
personnel will also be announced annually by the Alaska Regional 
Director.
    (5) Marks and tags will be attached or applied to the skins, skulls, 
and tusks of the marine mammal(s) in such a manner as to maximize their 
longevity and minimize their adverse effects to the appearance of the 
specified parts that might result due to hindering the tanning or 
handicrafting of skins, or the handicrafting of tusks or skulls. If the 
tag or mark comes off of the specified part the person in possession of 
the part shall have 30 days to present the part and broken tag or other 
marking device to the Service or the Service's authorized local 
representative for remarking or retagging purposes.
    (6) Marks and tags for skins, skulls, and tusks will be provided by 
the Service. They will be numbered for accountability and of such 
design, construction, and material so as to maximize their durability 
and longevity on the specified parts.
    (7) Data collected pursuant to this paragraph will be reported on 
forms provided by the Service and maintained in the Service's Regional 
Office, Anchorage, Alaska. The Service will summarize the data annually 
and make it publicly available. The data will also be included in the 
Service's annual report to Congress as set forth in section 103(f) of 
the Act.
    (8) All items of research (e.g., radio collars, satellite 
transmitters, tags, etc.) that were attached to animals taken by Alaskan 
Natives must be returned to Service personnel or an authorized Service 
representative at the time the animal, or specified unhandicrafted parts 
thereof, are presented for marking, tagging, and reporting. No penalty 
will be imposed under the Act for a violation of this paragraph. 
However, penalties may be sought by the Service under other applicable 
Federal laws governing the possession and use of Federal property.
    (9) Pursuant to this paragraph (f), the following specific 
conditions and provisions apply:
    (i) Marking, tagging, and reporting of polar bears or specified 
parts thereof.
    (A) The skin and skull of an animal must accompany each other when 
presented for marking, tagging, and reporting except that the skin and 
skull of an animal need not be presented together for marking and 
tagging purposes if taken between December 21, 1972, and the effective 
date of this regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting polar bears, or specified parts thereof, for marking and 
tagging: sex of animal, date of kill, and location of kill.
    (C) Both the skin and the skull will be marked and tagged and a 
rudimentary pre-molar tooth may be removed from the skull and retained 
by the Service. The skin must have the sex identifiers, such as vaginal 
orifice, teats, or penal sheath or baculum, either attached to, or 
accompanying the skin.
    (D) The skull must be skinned out and the skin may be frozen or 
unfrozen when presented for marking, tagging, and reporting. If the skin 
is frozen, the sex identifiers, such as vaginal orifice, teats, penal 
sheath or baculum, must be visible.
    (E) Marks and tags must remain affixed to the skin through the 
tanning process and until the skin has been severed into parts for 
crafting into handicrafts or for as long as is practical during the 
handicrafting process.
    (ii) Marking, tagging, and reporting of walrus or specified parts 
thereof.
    (A) The paired tusks of the animal(s) must, to the maximum extent 
practical, accompany each other when presented for marking, tagging, and 
reporting purposes, except that paired tusks need not be presented 
together for marking and tagging purposes if

[[Page 435]]

taken between December 21, 1972, and the effective date of this 
regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting walrus, or specified parts thereof, for marking and tagging: 
date of take, sex of animal, whether live-killed, floating-dead, or 
beach-found, and location of the take or location of animal if found 
floating and dead or beach-found.
    (C) Marks and/or tags must remain affixed to the tusks until they 
have been crafted into a handicraft or for as long as is practical 
during the handicrafting process.
    (iii) Marking, tagging, and reporting of sea otter or specified 
parts thereof.
    (A) The skin and skull of an animal must accompany each other when 
presented for marking, tagging, and reporting, except that the skin and 
skull of an animal need not be presented together if taken between 
December 21, 1972, and the effective date of this regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting sea otters, or specified parts thereof, for marking and 
tagging: date of kill, sex of animal, and location of kill.
    (C) Both the skin and skull will be marked and tagged and a 
rudimentary pre-molar tooth may be removed from the skull and retained 
by the Service. The skin must have the sex identifiers, such as vaginal 
orifice, teats, or penal sheath or baculum, either attached to, or 
accompanying the skin.
    (D) The skull must be skinned out and the skin may be frozen or 
unfrozen when presented for marking, tagging, and reporting. If the skin 
is frozen, the sex identifiers, such as vaginal orifice, teats, or penal 
sheath or baculum, must be visible.
    (E) Marks and tags must remain affixed to the skin through the 
tanning process and until the skin has been severed into parts for 
crafting into handicrafts or for as long as is practical during the 
handicrafting process.
    (10) No person may falsify any information required to be set forth 
on the reporting form when the marine mammal(s), or specified parts 
thereof, are presented as required by these regulations.
    (11) Possession by any person of marine mammal(s), or any parts 
thereof, in violation of the provisions and conditions of this 
Sec. 18.23(f) is subject to punishment under the penalties provided for 
in section 105(a)(1) of the Act.
    (12) The information collection requirements contained in this 
Sec. 18.23(f) have been approved by the Office of Management and Budget 
under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0066. 
The information is mandatory in order to have the marine mammal parts 
``marked and tagged,'' and thereby made eligible for continued lawful 
possession. Non-response may result in the Service determining the 
wildlife to be illegally possessed and subject the individual to 
penalties under this title.

[39 FR 7262, Feb. 25, 1974, as amended at 40 FR 59444, Dec. 24, 1975; 45 
FR 54057, Aug. 14, 1980; 51 FR 17981, May 16, 1986; 53 FR 24283, June 
28, 1988]



Sec. 18.24  Taking incidental to commercial fishing operations.

    Persons may take marine mammals incidental to commercial fishing 
operations until October 21, 1974: Provided, That such taking is by 
means of equipment and techniques prescribed in regulations issued by 
the Secretary of Commerce. However, any marine mammal taken as an 
incidental catch may not be retained. It shall be the immediate goal 
that the incidental kill or incidental serious injury of marine mammals 
permitted in the course of commercial fishing operations be reduced to 
insignificant levels approaching a zero mortality and serious injury 
rate.



Sec. 18.25  Exempted marine mammals or marine mammal products.

    (a) The provisions of the Act and these regulations shall not apply:
    (1) To any marine mammal taken before December 21, 1972, or
    (2) To any marine mammal product if the marine mammal portion of 
such product consists solely of a marine mammal taken before such date.
    (b) The prohibitions contained in Sec. 18.12(c) (3) and (4) shall 
not apply to marine mammals or marine mammal

[[Page 436]]

products imported into the United States before the date on which notice 
is published in the Federal Register of the proposed rulemaking with 
respect to the designation of the species of stock concerned as depleted 
or endangered:
    (c) Section 18.12(b) shall not apply to articles imported into the 
United States before the effective date of the foreign law making the 
taking or sale, as the case may be, of such marine mammals or marine 
mammal products unlawful.



Sec. 18.26  Collection of certain dead marine mammal parts.

    (a) Any bones, teeth or ivory of any dead marine mammal may be 
collected from a beach or from land within \1/4\ of a mile of the ocean. 
The term ``ocean'' includes bays and estuaries.
    (b) Marine mammal parts so collected may be retained if registered 
within 30 days with an agent of the National Marine Fisheries Service, 
or an agent of the U.S. Fish and Wildlife Service.
    (c) Registration shall include (1) the name of the owner, (2) a 
description of the article to be registered and (3) the date and 
location of collection.
    (d) Title to any marine mammal parts collected under this section is 
not transferable, unless consented to in writing by the agent referred 
to in paragraph (b) of this section.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.27  Regulations governing small takes of marine mammals incidental to specified activities.

    (a) Purpose of regulations. The regulations in this section 
implement Section 101(a)(5) of the Marine Mammal Protection Act of 1972, 
as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for 
allowing, upon request, during periods of not more than five consecutive 
years each, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region.
    (b) Scope of regulations. The taking of small numbers of marine 
mammals under section 101(a)(5) of the Marine Mammal Protection Act may 
be allowed only if the Director of the Fish and Wildlife Service (1) 
finds, based on the best scientific evidence available, that the total 
taking during the specified time period will have a negligible impact on 
the species or stock and will not have an unmitigable adverse impact on 
the availability of the species or stock for subsistence uses; (2) 
prescribes regulations setting forth permissible methods of taking and 
other means of effecting the least practicable adverse impact on the 
species and its habitat and on the availability of the species for 
subsistence uses, paying particular attention to rookeries, mating 
grounds, and areas of similar significance; and (3) prescribes 
regulations pertaining to the monitoring and reporting of such taking.
    Note: The information collection requirement contained in this 
Sec. 18.27 has been approved by the Office of Management and Budget 
under 44 U.S.C. 3501 et seq. and assigned clearance No. 1018-0070. The 
information is being collected to describe the activity proposed and 
estimate the cumulative impacts of potential takings by all persons 
conducting the activity. The information will be used to evaluate the 
application and determine whether to issue Specific Regulations and, 
subsequently, Letters of Authorization. Response is required to obtain a 
benefit.
    The public reporting burden from this requirement is estimated to 
vary from 2 to 200 hours per response with an average of 10 hours per 
response including time for reviewing instructions, gathering and 
maintaining data, and completing and reviewing applications for specific 
regulations and Letters of Authorization. Direct comments regarding the 
burden estimate or any other aspect of this requirement to the 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, Department of the Interior, Mail Stop--220 ARLSQ, 18th and C 
Streets NW., Washington, DC 20240, and the Office of Management and 
Budget, Paperwork Reduction Project (Clearance No. 1018-0070), 
Washington, DC 20503.
    (c) Definitions. In addition to definitions contained in the Act and 
in 50 CFR 18.3 and unless the context otherwise requires, in this 
section:
    Citizens of the United States and U.S. citizens mean individual U.S. 
citizens or any corporation or similar entity if it is organized under 
the laws of the United States or any governmental unit defined in 16 
U.S.C. 1362(13). U.S. Federal, State and local government

[[Page 437]]

agencies shall also constitute citizens of the United States for 
purposes of this section.
    Incidental, but not intentional, taking means takings which are 
infrequent, unavoidable, or accidental. It does not mean that the taking 
must be unexpected. (Complete definition of take is contained in 50 CFR 
18.3.)
    Negligible impact is an impact resulting from the specified activity 
that cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates of 
recruitment or survival.
    Small numbers means a portion of a marine mammal species or stock 
whose taking would have a negligible impact on that species or stock.
    Specified activity means any activity, other than commercial 
fishing, which takes place in a specified geographical region and 
potentially involves the taking of small numbers of marine mammals. The 
specified activity and specified geographical region should be 
identified so that the anticipated effects on marine mammals will be 
substantially similar.
    Specified geographical region means an area within which a specified 
activity is conducted and which has similar biogeographic 
characteristics.
    Unmitigable adverse impact means an impact resulting from the 
specified activity (1) that is likely to reduce the availability of the 
species to a level insufficient for a harvest to meet subsistence needs 
by (i) causing the marine mammals to abandon or avoid hunting areas, 
(ii) directly displacing subsistence users, or (iii) placing physical 
barriers between the marine mammals and the subsistence hunters; and (2) 
that cannot be sufficiently mitigated by other measures to increase the 
availability of marine mammals to allow subsistence needs to be met.
    (d) Submission of requests. (1) In order for the Fish and Wildlife 
Service to consider allowing the taking by U.S citizens of small numbers 
of marine mammals incidental to a specified activity, a written request 
must be submitted to the Director, U.S. Fish and Wildlife Service, 
Department of the Interior, Washington, DC 20240. Requests shall include 
the following information on the activity as a whole, which includes, 
but is not limited to, an assessment of total impacts by all persons 
conducting the activity:
    (i) A description of the specific activity or class of activities 
that can be expected to result in incidental taking of marine mammals;
    (ii) The dates and duration of such activity and the specific 
geographical region where it will occur;
    (iii) Based upon the best available scientific information;
    (A) An estimate of the species and numbers of marine mammals likely 
to be taken by age, sex, and reproductive conditions, and the type of 
taking (e.g., disturbance by sound, injury or death resulting from 
collision, etc.) and the number of times such taking is likely to occur;
    (B) A description of the status, distribution, and seasonal 
distribution (when applicable) of the affected species or stocks likely 
to be affected by such activities;
    (C) The anticipated impact of the activity upon the species or 
stocks;
    (D) The anticipated impact of the activity on the availability of 
the species or stocks for subsistence uses;
    (iv) The anticipated impact of the activity upon the habitat of the 
marine mammal populations and the likelihood of restoration of the 
affected habitat;
    (v) The anticipated impact of the loss or modification of the 
habitat on the marine mammal population involved;
    (vi) The availability and feasibility (economic and technological) 
of equipment, methods, and manner of conducting such activity or other 
means of effecting the least practicable adverse impact upon the 
affected species or stocks, their habitat, and, where relevant, on their 
availability for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. (The 
applicant and those conducting the specified activity and the affected 
subsistence users are encouraged to develop mutually agreeable 
mitigating measures that will meet the needs of subsistence users.);
    (vii) Suggested means of accomplishing the necessary monitoring and 
reporting which will result in increased

[[Page 438]]

knowledge of the species through an analysis of the level of taking or 
impacts and suggested means of minimizing burdens by coordinating such 
reporting requirements with other schemes already applicable to persons 
conducting such activity; and
    (viii) Suggested means of learning of, encouraging, and coordinating 
research opportunities, plans and activities relating to reducing such 
incidental taking from such specified activities, and evaluating its 
effects.
    (2) The Director shall determine the adequacy and completeness of a 
request, and if found to be adequate, will invite information, 
suggestions, and comments on the preliminary finding of negligible 
impact and on the proposed specific regulations through notice in the 
Federal Register, newspapers of general circulation, and appropriate 
electronic media in the coastal areas that may be affected by such 
activity. All information and suggestions will be considered by the Fish 
and Wildlife Service in developing final findings and effective specific 
regulations.
    (3) The Director shall evaluate each request to determine, based on 
the best available scientific evidence, whether the total taking will 
have a negligible impact on the species or stock and, where appropriate, 
will not have an unmitigable adverse impact on the availability of such 
species or stock for subsistence uses. If the Director finds that 
mitigating measures would render the impact of the specified activity 
negligible when it would not otherwise satisfy that requirement, the 
Director may make a finding of negligible impact subject to such 
mitigating measures being successfully implemented. Any preliminary 
findings of ``negligible impact'' and ``no unmitigable adverse impact'' 
shall be proposed for public comment along with the proposed specific 
regulations.
    (4) If the Director cannot make a finding that the total taking will 
have a negligible impact in the species or stock or will not have an 
unmitigable adverse impact on the availability of such species or stock 
for subsistence uses, the Director shall publish in the Federal Register 
the negative finding along with the basis for denying the request.
    (e) Specific regulations. (1) Specific regulations will be 
established for each allowed activity which set forth (i) permissible 
methods of taking, (ii) means of effecting the least practicable adverse 
impact on the species and its habitat and on the availability of the 
species for subsistence uses, and (iii) requirements for monitoring and 
reporting.
    (2) Regulations will be established based on the best available 
scientific information. As new information is developed, through 
monitoring, reporting, or research, the regulations may be modified, in 
whole or part, after notice and opportunity for public review.
    (f) Letters of Authorization. (1) A Letter of Authorization, which 
may be issued only to U.S. citizens, is required to conduct activities 
pursuant to any specific regulations established. Requests for Letters 
of Authorization shall be submitted to the Director, U.S. Fish and 
Wildlife Service, Department of the Interior, Washington, DC 20240. The 
information to be submitted in a request may be obtained by writing the 
Director. Once specific regulations are effective, the Service will to 
the maximum extent possible, process subsequent applications for Letters 
of Authorization within 30 days after receipt of the application by the 
Service.
    (2) Issuance of a Letter of Authorization will be based on a 
determination that the level of taking will be consistent with the 
findings made for the total taking allowable under the specific 
regulations.
    (3) Notice of issuance of all Letters of Authorization will be 
published in the Federal Register within 30 days of issuance.
    (4) Letters of Authorization will specify the period of validity and 
any additional terms and conditions appropriate for the specific 
request.
    (5) Letters of Authorization shall be withdrawn or suspended, either 
on an individual or class basis, as appropriate, if, after notice and 
opportunity for public comment, the Director determines: (i) The 
regulations prescribed are not being substantially complied with, or 
(ii) the taking allowed is having, or may have, more

[[Page 439]]

than a negligible impact on the species or stock, or where relevant, an 
unmitigable adverse impact on the availability of the species or stock 
for subsistence uses.
    (6) The requirement for notice and opportunity for public review in 
paragraph (f)(5) of this section shall not apply if the Director 
determines that an emergency exists which poses a significant risk to 
the well-being of the species or stocks of marine mammals concerned.
    (7) A violation of any of the terms and conditions of a Letter of 
Authorization or of the specific regulations may subject the Holder and/
or any individual who is operating under the authority of the Holder's 
Letter of Authorization to penalties provided in the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361-1407).

[48 FR 31225, July 7, 1983, as amended at 54 FR 40348, Sept. 29, 1989; 
55 FR 28765, July 13, 1990; 56 FR 27463, June 14, 1991]



                      Subpart D--Special Exceptions



Sec. 18.30  Polar bear sport-hunted trophy import permits.

    (a) Application procedure. You, as the hunter or heir of the 
hunter's estate, must submit an application for a permit to import a 
trophy of a polar bear taken in Canada to the U.S. Fish and Wildlife 
Service, Office of Management Authority, 4401 N. Fairfax Drive, 
Arlington, Virginia 22203. You must use an official application (Form 3-
200) provided by the Service and must include as an attachment all of 
the following additional information:
    (1) Certification that:
    (i) You or the deceased hunter took the polar bear as a personal 
sport-hunted trophy;
    (ii) You will use the trophy only for personal display purposes;
    (iii) The polar bear was not a pregnant female, a female with 
dependent nursing cub(s) or a nursing cub (such as in a family group), 
or a bear in a den or constructing a den when you took it; and
    (iv) For a polar bear taken after April 30, 1994, you made sure the 
gall bladder and its contents were destroyed;
    (2) Name and address of the person in the United States receiving 
the polar bear trophy if other than yourself;
    (3) For a polar bear received as an inheritance, documentation to 
show that you are the legal heir of the decedent who took the trophy;
    (4) Proof that you or the decedent legally harvested the polar bear 
in Canada as shown by one of the following:
    (i) A copy of the Northwest Territories (NWT) hunting license and 
tag number;
    (ii) A copy of the Canadian CITES export permit that identifies the 
polar bear by hunting license and tag number;
    (iii) A copy of the NWT export permit; or
    (iv) A certification from the Department of Renewable Resources, 
Northwest Territories, that you or the decedent legally harvested the 
polar bear, giving the tag number, location (settlement and population), 
and season you or the decedent took the bear;
    (5) An itemized description of the polar bear parts you wish to 
import, including size and the sex of the polar bear;
    (6) The month and year the polar bear was sport hunted;
    (7) The location (nearest settlement or community) where the bear 
was sport hunted;
    (8) For a female bear or a bear of unknown sex that was taken before 
January 1, 1986, documentary evidence that the bear was not pregnant at 
the time of take, including, but not limited to, documentation, such as 
a hunting license or travel itinerary, that shows the bear was not taken 
in October, November, or December or that shows that the location of the 
hunt did not include an area that supported maternity dens; and
    (9) For a female bear, bear of unknown sex, or male bear that is 
less than 6 feet in length (from tip of nose to the base of the tail) 
that was taken prior to the 1996/97 NWT polar bear harvest season, 
available documentation to show that the bear was not nursing, 
including, but not limited to, documentation, such as a certification 
from the NWT, that the bear was not taken while part of a family group.

[[Page 440]]

    (b) Definitions. In addition to the definitions in this paragraph, 
the definitions in 50 CFR 10.12, 18.3, and 23.3 apply to this section.
    (1) Sport-hunted trophy means a mount, rug or other display item 
composed of the hide, hair, skull, teeth, baculum, bones, and claws of 
the specimen which was taken by the applicant or decedent during a sport 
hunt for personal, noncommercial use and does not include any internal 
organ of the animal, including the gall bladder. Articles made from the 
specimen, such as finished or unfinished, worked, manufactured, or 
handicraft items for use as clothing, curio, ornamentation, jewelry, or 
as a utilitarian item are not considered trophy items.
    (2) Management agreement means a written agreement between parties 
that share management responsibilities for a polar bear population which 
describes what portion of the harvestable quota will be allocated to 
each party and other measures which may be taken for the conservation of 
the population, such as harvest seasons, sex ratio of the harvest, and 
protection of females and cubs.
    (c) Procedures for issuance of permits and modification, suspension 
or revocation of permits. We, the Service, shall suspend, modify or 
revoke permits issued under this section:
    (1) In accordance with regulations contained in Sec. 18.33; and
    (2) If, in consultation with the appropriate authority in Canada, we 
determine that the sustainability of Canada's polar bear populations is 
being adversely affected or that sport hunting may be having a 
detrimental effect on maintaining polar bear populations throughout 
their range.
    (d) Issuance criteria. In deciding whether to issue an import permit 
for a sport-hunted trophy, we must determine in addition to the general 
criteria in part 13 of this subchapter whether:
    (1) You previously imported the specimen into the United States 
without a permit;
    (2) The specimen meets the definition of a sport-hunted trophy in 
paragraph (b) of this section;
    (3) You legally harvested the polar bear in Canada;
    (4) Canada has a monitored and enforced sport-hunting program 
consistent with the purposes of the 1973 International Agreement on the 
Conservation of Polar Bears;
    (5) Canada has a sport-hunting program, based on scientifically 
sound quotas, ensuring the maintenance of the affected population at a 
sustainable level; and
    (6) The export and subsequent import:
    (i) Are consistent with the provisions of the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) and other international agreements and conventions; and
    (ii) Are not likely to contribute to illegal trade in bear parts, 
including for bears taken after April 30, 1994, that the gall bladder 
and its contents were destroyed.
    (e) Additional permit conditions. Your permit to import a sport-
hunted trophy of a polar bear taken in Canada is subject to the permit 
conditions outlined in Sec. 18.31(d) and the following additional permit 
conditions:
    (1) You, the permittee, may not import internal organs of the polar 
bear, including the gall bladder;
    (2) After import you may not alter or use the trophy in a manner 
inconsistent with the definition of a sport-hunted polar bear trophy as 
given in Sec. 18.30(b);
    (3) You may not import a sport-hunted trophy if the polar bear at 
the time you or the decedent took it was:
    (i) A nursing bear or a female with nursing young (i.e., part of a 
family group);
    (ii) A pregnant female; or
    (iii) A bear moving into a den or in a den;
    (4) You must present to Service personnel at the time of import a 
valid CITES document from the country of export or re-export;
    (5) You must comply with the following import procedures:
    (i) Import the sport-hunted trophy through a designated port for 
wildlife imports (see Sec. 14.12 of this subchapter) during regular 
business hours, except for full mount trophies that have been granted an 
exception to designated

[[Page 441]]

port permit requirements under Sec. 14.32 of this subchapter;
    (ii) Not send the trophy through the international mail; and
    (iii) Notify Service personnel at the port at least 48 hours before 
the import (see Sec. 14.54 of this subchapter) and make arrangements for 
Service personnel to affix a tag in accordance with paragraph (e)(7) of 
this section prior to being cleared (see Sec. 14.52 of this subchapter);
    (6) You must import all parts of a single trophy at the same time;
    (7) The following tagging/marking procedures apply:
    (i) Service personnel must affix a permanently locking tag that 
contains a unique serial number and the common name ``polar bear'' to 
the hide which must remain fixed indefinitely to the hide as proof of 
legal import; and
    (ii) Service personnel must permanently mark upon import the parts 
of the trophy other than the hide, such as the skull and bones, with the 
hide tag number; and
    (8) If the tag comes off the hide, you must within 30 days:
    (i) Contact the nearest Service office at a designated port or a Law 
Enforcement office as given in Sec. 10.22 of this subchapter to schedule 
a time to present the trophy for retagging;
    (ii) Provide as proof that the trophy had been tagged and legally 
imported a copy of the:
    (A) Canceled CITES export permit or re-export certificate;
    (B) Canceled U.S. import permit issued under this section; or
    (C) Cleared wildlife declaration form (3-177); and
    (iii) Present either the broken tag, or if the tag was lost, a 
signed written explanation of how and when the tag was lost.
    (f) Duration of permits. The permit will be valid for no more than 
one year from the date of issuance.
    (g) Fees. (1) You must pay the standard permit processing fee as 
given in Sec. 13.11(4) when filing an application.
    (2) You must pay the issuance fee of $1,000 when we notify you the 
application is approved. We cannot issue an import permit until you pay 
this fee. We will use the issuance fee to develop and implement 
cooperative research and management programs for the conservation of 
polar bears in Alaska and Russia under section 113(d) of the Marine 
Mammal Protection Act.
    (h) Scientific review. (1) We will undertake a scientific review of 
the impact of permits issued under this section on the polar bear 
populations in Canada within 2 years of March 20, 1997.
    (i) The review will provide an opportunity for public comment and 
include a response to the public comment in the final report; and
    (ii) We will not issue permits under this section if we determine, 
based upon scientific review, that the issuance of permits under this 
section is having a significant adverse impact on the polar bear 
populations in Canada; and
    (2) After the initial review, we may review whether the issuance of 
permits under this section is having a significant adverse impact on the 
polar bear populations in Canada annually in light of the best 
scientific information available. The review must be completed no later 
than January 31 in any year a review is undertaken.
    (i) Findings. Polar bear sport-hunted trophies may only be imported 
after issuance of an import permit, and in accordance with the following 
findings and conditions:
    (1) We have determined that the Northwest Territories, Canada, has a 
monitored and enforced sport-hunting program that meets issuance 
criteria of paragraphs (d) (4) and (5) of this section for the following 
populations: Southern Beaufort Sea, Northern Beaufort Sea, Viscount 
Melville Sound (subject to the lifting of the moratorium in this 
population), Western Hudson Bay, M'Clintock Channel, Lancaster Sound, 
and Norwegian Bay, and that:
    (i) For the Southern Beaufort Sea population, no bears are taken 
west of the equidistant line of the Beaufort Sea;
    (ii) For all populations, females with cubs, cubs, or polar bears 
moving into denning areas or already in dens are protected from taking 
by hunting activities; and
    (iii) For all populations, management agreements among all 
management entities with scientifically sound quotas are in place; and

[[Page 442]]

    (2) Any sport-hunted trophy taken in the Northwest Territories, 
Canada, between December 21, 1972, and April 30, 1994, may be issued an 
import permit when:
    (i) From an approved population listed in paragraph (i)(1); and
    (ii) The issuance criteria of paragraph (d) (1), (2), (3), and (6) 
of this section are met.

[62 FR 7329, Feb. 18, 1997, as amended at 64 FR 1539, Jan. 11, 1999]



Sec. 18.31  Scientific research permits and public display permits.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the taking and importation of marine mammals for scientific research 
purposes or for public display.
    (a) Application procedure. Applications for permits to take and 
import marine mammals for scientific research purposes or for public 
display shall be submitted to the Director. Each such application must 
contain the general information and certification required by 
Sec. 13.12(a) of this subchapter plus the following additional 
information:
    (1) A statement of the purpose, date, location and manner of the 
taking or importation;
    (2) A description of the marine mammal or the marine mammal products 
to be taken or imported, including the species or subspecies involved; 
the population stock, when known, the number of specimens or products 
(or the weight thereof, where appropriate); and the anticipated age, 
size, sex, and condition (i.e., whether pregnant or nursing) of the 
animals involved;
    (3) If the marine mammal is to be taken and transported alive, a 
complete description of the manner of transportation, care and 
maintenance, including the type, size, and construction of the container 
or artificial environment; arrangements for feeding and sanitation; a 
statement of the applicant's qualifications and previous experience in 
caring for and handling captive marine mammals and a like statement as 
to the qualifications of any common carrier or agent to be employed to 
transport the animal; and a written certification of a licensed 
veterinarian knowledgeable in the field of marine mammals that he has 
personally reviewed the arrangements for transporting and maintaining 
the animals and that in his opinion they are adequate to provide for the 
well-being of the animal;
    (4) If the application is for a scientific research permit, a 
detailed description of the scientific research project or program in 
which the marine mammal or marine mammal product is to be used including 
a copy of the research proposal relating to such program or project and 
the names and addresses of the sponsor or cooperating institution and 
the scientists involved;
    (5) If the application is for a scientific research permit, and if 
the marine mammal proposed to be taken or imported is listed as an 
endangered or threatened species or has been designated by the Secretary 
as depleted, a detailed justification of the need for such a marine 
mammal, including a discussion of possible alternatives, whether or not 
under the control of the applicant; and
    (6) If the application is for a public display permit, a detailed 
description of the proposed use to which the marine mammal or marine 
mammal product is to be put, including the manner, location, and times 
of display, whether such display is for profit, an estimate of the 
numbers and types of persons who it is anticipated will benefit for such 
display, and whether and to what extent the display is connected with 
educational or scientific programs. There shall also be included a 
complete description of the enterprise seeking the display permit and 
its educational, and scientific qualifications, if any.
    (b) Review by Marine Mammal Commission. Upon receipt of an 
application the Director shall forward the application to the Marine 
Mammal Commission together with a request for the recommendations of the 
Commission and the Committee of Scientific Advisors on Marine Mammals. 
In order to comply with the time limits provided in these regulations, 
the Director shall request that such recommendation be submitted within 
30 days of receipt of the application by the Commission. If the 
Commission or the Committee, as

[[Page 443]]

the case may be, does not respond within 30 days from the receipt of 
such application by the Commission, the Director shall advise the 
Commission in writing that failure to respond within 45 days from 
original receipt of the application (or such longer time as the Director 
may establish) shall be considered as a recommendation from the 
Commission and the Committee that the permit be issued. The Director may 
also consult with any other person, institution or agency concerning the 
application.
    (c) Issuance criteria. Permits applied for under this section shall 
be issued, suspended, modified and revoked pursuant to regulations 
contained in Sec. 18.33. In determining whether to issue a scientific 
research permit, the Director shall consider whether the proposed taking 
or importation will be consistent with the policies and purposes of the 
Act; and whether the granting of the permit is required to further a 
bona fide and necessary or desirable scientific purpose, taking into 
account the benefits anticipated to be derived from the scientific 
research contemplated and the effect of the purposed taking or 
importation on the population stock and the marine ecosystem. In 
determining whether to issue a public display permit, the Director shall 
consider whether the proposed taking or importation will be consistent 
with the policies and purposes of the Act; whether a substantial public 
benefit will be gained from the display contemplated, taking into 
account the manner of the display and the anticipated audience on the 
one hand, and the effect of the proposed taking or importation on the 
population stocks of the marine mammal in question and the marine 
ecosystem on the other; and the applicant's qualifications for the 
proper care and maintenance of the marine mammal or the marine mammal 
product, and the adequacy of his facilities.
    (d) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, permits issued 
under this section shall be subject to the following conditions:
    (1) Any permit issued under these regulations must be in the 
possession of the person to whom it is issued (or an agent of such 
person) during:
    (i) The time of the authorized taking or importation;
    (ii) The period of any transit of such person or agent which is 
incidental to such taking or importation; and
    (iii) Any other time while any marine mammal taken or imported under 
such permit is in the possession of such person or agent.
    (2) A duplicate copy of the issued permit must be physically 
attached to the container, package, enclosure, or other means of 
containment, in which the marine mammal is placed for purposes of 
storage, transit, supervision, or care.
    (e) Tenure of permits. The tenure of permits for scientific research 
or public display shall be designated on the face of the permit.



Sec. 18.32  Waiver of the moratorium.

    See subpart F (Waiver of the moratorium; State laws and regulations) 
and subpart G (Notice and Hearing on section 103 Regulations) for 
procedures regarding waivers of the moratorium in those circumstances 
where a state provides an acceptable management program for a species or 
population stock within its jurisdiction.

[40 FR 59442, Dec. 24, 1975]



Sec. 18.33  Procedures for issuance of permits and modification, suspension, or revocation thereof.

    (a) Whenever application for a permit is received by the director 
which the director deems sufficient, he shall, as soon as practicable, 
publish a notice thereof in the Federal Register. Such notice shall set 
forth a summary of the information contained in such application. Any 
interested party may, within 30 days after the date of publication of 
such notice, submit to the director his written data or views with 
respect to the taking or importation proposed in such application and 
may request a hearing in connection with the action to be taken thereon.
    (b) If the request for a hearing is made within the 30-day period 
referred to in paragraph (a) of this section, or if the director 
determines that a hearing would otherwise be advisable, the director 
may, within 60 days after the

[[Page 444]]

date of publication of the notice referred to in paragraph (a) of this 
section, afford to such requesting party or parties an opportunity for a 
hearing. Such hearing shall also be open to participation by any 
interested members of the public. Notice of the date, time, and place of 
such hearing shall be published in the Federal Register not less than 15 
days in advance of such hearing. Any interested person may appear in 
person or through representatives at the hearing and may submit any 
relevant material, data, views, comments, arguments, or exhibits. A 
summary record of the hearing shall be kept.
    (c) As soon as practicable but not later than 30 days after the 
close of the hearing (or if no hearing is held, as soon as practicable 
after the end of the 30 days succeeding publication of the notice 
referred to in paragraph (a) of this section the director shall issue or 
deny issuance of the permit. Notice of the decision of the director 
shall be published in the Federal Register within 10 days after the date 
of such issuance or denial. Such notice shall include the date of the 
issuance or denial and indicate where copies of the permit, if issued, 
may be obtained.
    (d) Any permit shall be subject to modification, suspension, or 
revocation by the director in whole or in part in accordance with these 
regulations and the terms of such permits. The permittee shall be given 
written notice by registered mail, return receipt requested, of any 
proposed modification, suspension, or revocation. Such notice shall 
specify:
    (1) The action proposed to be taken along with a summary of the 
reasons therefor;
    (2) In accordance with 5 U.S.C. 558, the steps which the permittee 
may take to demonstrate or achieve compliance with all lawful 
requirements; and
    (3) That the permittee is entitled to a hearing thereon if a written 
request for such a hearing is received by the Director within 10 days 
after receipt of the aforesaid notice or such other later date as may be 
specified in the notice to the permittee. The time and place of the 
hearing, if requested by the permittee, shall be determined by the 
director and a written notice thereof given to the permittee by 
registered mail, return receipt requested, not less than 15 days prior 
to the date of hearing specified. The director may, in his discretion, 
allow participation at the hearing by interested members of the public. 
The permittee and other parties participating may submit all relevant 
material, data, views, comments, arguments, and exhibits at the hearing. 
A summary record shall be kept of any such hearing.
    (e) The Director shall make a decision regarding the proposed 
modification, suspension, or revocation, as soon as practicable after 
the close of the hearing, or if no hearing is held, as soon as 
practicable after the close of the 10 day period during which a hearing 
could have been requested. Notice of the modification, suspension, or 
revocation shall be published in the Federal Register within 10 days 
from the date of the Director's decision. In no event shall the proposed 
action take effect until notice of the Director's decision is published 
in the Federal Register.

Subpart E--Depleted Species or Stocks [Reserved]



          Subpart F--Transfer of Management Authority to States

    Note: Regulations governing the transfer of management authority to 
States pursuant to section 109 of the Marine Mammal Protection Act for 
marine mammal species under the jurisdiction of the Secretary of the 
Interior are found at part 403 of this title.

[48 FR 22456, May 18, 1983]



        Subpart G--Notice and Hearing on Section 103 Regulations

    Source: 41 FR 5396, Feb. 6, 1976, unless otherwise noted.



Sec. 18.70  Basis and purpose.

    (a) Sections 101(a)(2), 101(a)(3)(A), and 101(b) of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2), 1371(a)(3)(A), and 
1371(b)) and these regulations authorize the Director, U.S. Fish and 
Wildlife Service, to: (1) Impose regulations governing the taking

[[Page 445]]

of marine mammals incidental to commercial fishing operations; (2) waive 
the moratorium and adopt regulations with respect to the taking and 
importing of animals from each species of marine mammals under his 
jurisdiction; and (3) prescribe regulations governing the taking of 
depleted marine mammals by any Indian, Aleut or Eskimo, respectively. In 
prescribing regulations to carry out the provisions of said sections, 
the act refers the Director to section 103 (16 U.S.C. 1373). In 
accordance with section 103(d), regulations must be made on the record 
after opportunity for an agency hearing on such regulations and, in the 
case of a waiver, on the determination by the Director to waive the 
moratorium pursuant to section 101(a)(3)(A) (16 U.S.C. 1371(a)(3)(A)).
    (b) [Reserved]



Sec. 18.71  Definitions.

    Definitions shall be the same as in subpart A of this part except as 
follows:
    (a) Party means for the purposes of this subpart:
    (1) The Director or his representative; or
    (2) A person who has notified the Director by specified dates of his 
or her intent to participate in the hearing pursuant to Secs. 18.75 and 
18.84(b).
    (b) Presiding officer means, for the purposes of this subpart, an 
administrative law judge of the Office of Hearings and Appeals appointed 
in accordance with 5 U.S.C. 3105.
    (c) Witness means, for the purposes of this subpart, any person who 
provides direct testimony on the proposed regulations and waiver. A 
person may be both a party and a witness.



Sec. 18.72  Scope of regulations.

    The procedural regulations in this subpart govern the practice and 
procedure in hearings held under section 103(d) of the Act. These 
hearings will be governed by the provisions of sections 556 and 557 of 
the Administrative Procedure Act (5 U.S.C. 556 and 557). The regulations 
shall be construed to secure the just, speedy, and inexpensive 
determination of all issues raised with respect to any waiver and/or 
regulation proposed pursuant to section 103(d) of the act in a manner 
which gives full protection to the rights of all persons affected 
thereby.



Sec. 18.73  Burden of proof.

    The proponents of the proposed regulations and waiver must 
demonstrate that any taking or importation of any marine mammal under 
such proposed regulations and waiver would be consistent with the act.



Sec. 18.74  Notice of hearing.

    (a) A notice of hearing on any proposed regulations shall be 
published in the Federal Register, together with the Director's proposed 
determination to waive the moratorium pursuant to section 101(a)(3)(A) 
(16 U.S.C. 1371(a)(3)(A)), where applicable.
    (b) The notice shall state:
    (1) The nature of the hearing;
    (2) The place and date of the hearing. The date shall not be less 
than 60 days after publication of notice of the hearing;
    (3) The legal authority under which the hearing is to be held;
    (4) The proposed regulations and waiver, where applicable, and a 
summary of the statements required by section 103(d) of the Act (16 
U.S.C. 1373(d));
    (5) Issues of fact which may be involved in the hearing;
    (6) If an Environmental Impact Statement is required, the date of 
publication of the Statement and the times and place(s) where the 
Statement and comments thereon may be viewed and copied;
    (7) Any written advice received from the Marine Mammal Commission;
    (8) The times and place(s) where records and submitted direct 
testimony will be kept for public inspection, along with appropriate 
references to any other documents;
    (9) The final date for filing with the Director a notice of intent 
to participate in the hearing pursuant to Sec. 18.75;
    (10) The final date for submission of direct testimony on the 
proposed regulations and waiver, if applicable, and the number of copies 
required;
    (11) The docket number assigned to the case which shall be used in 
all subsequent proceedings; and

[[Page 446]]

    (12) The place and date of the prehearing conference.



Sec. 18.75  Notification by interested persons.

    Any person desiring to participate as a party shall notify the 
Director, by certified mail, on or before the date specified in the 
notice of hearing.



Sec. 18.76  Presiding officer.

    (a) Upon publication of the notice of hearing pursuant to 
Sec. 18.74, the Office of Hearings and Appeals shall appoint a presiding 
officer pursuant to 5 U.S.C. 3105. No individual who has any conflict of 
interest, financial or otherwise, shall serve as presiding officer in 
such proceeding.
    (b) The presiding officer, in any proceeding under this subpart, 
shall have power to:
    (1) Change the time and place of the hearing and adjourn the 
hearing;
    (2) Evaluate direct testimony submitted pursuant to these 
regulations, make a preliminary determination of the issues, conduct a 
prehearing conference to determine the issues for the hearing agenda, 
and cause to be published in the Federal Register a final hearing 
agenda;
    (3) Rule upon motions, requests and admissibility of direct 
testimony;
    (4) Administer oaths and affirmations, question witnesses and direct 
witnesses to testify;
    (5) Modify or waive any rule (after notice) when determining no 
party will be prejudiced;
    (6) Receive written comments and hear oral arguments;
    (7) Render a recommended decision; and
    (8) Do all acts and take all measures, including regulation of media 
coverage, for the maintenance of order at and the efficient conduct of 
the proceeding.
    (c) In case of the absence of the original presiding officer or his 
inability to act, the powers and duties to be performed by the original 
presiding officer under this part in connection with a proceeding may, 
without abatement of the proceeding, be assigned to any other presiding 
officer by the Office of Hearings and Appeals unless otherwise ordered 
by the Director.
    (d) The presiding officer shall withdraw from the proceeding upon 
his own motion or upon the filing of a motion by a party under 
Sec. 18.76(e) if he deems himself disqualified under recognized canons 
of judicial ethics.
    (e) A presiding officer may be requested to withdraw at any time 
prior to the recommended decision. If there is filed by a party in good 
faith a timely and sufficient affidavit alleging the presiding officer's 
personal bias, malice, conflict of interest or other basis which might 
result in prejudice to a party, the hearing shall recess. The Director 
of the Office of Hearings and Appeals shall immediately determine the 
matter as a part of the record and decision in the proceeding, after 
making such investigation or holding such hearings, or both, as he may 
deem appropriate in the circumstances.



Sec. 18.77  Direct testimony submitted as written documents.

    (a) Unless otherwise specified, all direct testimony, including 
accompanying exhibits, must be submitted to the presiding officer in 
writing no later than the dates specified in the notice of the hearing 
(Sec. 18.74), the prehearing order (Sec. 18.82), or within 15 days after 
the conclusion of the prehearing conference (Sec. 18.84) as the case may 
be. All direct testimony, referred to in the affidavit and made a part 
thereof, must be attached to the affidavit. Direct testimony submitted 
with exhibits must state the issue to which the exhibit relates; if no 
such statement is made, the presiding officer shall determine the 
relevance of the exhibit to the issues published in the Federal 
Register.
    (b) The direct testimony submitted shall contain:
    (1) A concise statement of the witness' interest in the proceeding 
and his position regarding the issues presented. If the direct testimony 
is presented by a witness who is not a party, the witness shall state 
his relationship to the party; and
    (2) Facts that are relevant and material.
    (c) The direct testimony may propose issues of fact not defined in 
the notice of the hearing and the reason(s) why such issues should be 
considered at the hearing.

[[Page 447]]

    (d) Ten copies of all direct testimony must be submitted unless the 
notice of the hearing otherwise specifies.
    (e) Upon receipt, direct testimony shall be assigned a number and 
stamped with that number and the docket number.
    (f) Contemporaneous with the publication of the notice of hearing, 
the Director's direct testimony in support of the proposed regulations 
and waiver, where applicable, shall be available for public inspection 
as specified in the notice of hearing. The Director may submit 
additional direct testimony during the time periods allowed for 
submission of such testimony by witnesses.



Sec. 18.78  Mailing address.

    Unless otherwise specified in the notice of hearing, all direct 
testimony shall be addressed to the Presiding Officer, c/o Director, 
U.S. Fish and Wildlife Service, Washington, DC 20240. All affidavits and 
exhibits shall be clearly marked with the docket number of the 
proceedings.



Sec. 18.79  Inspection and copying of documents.

    Any document in a file pertaining to any hearing authorized by this 
subpart or any document forming part of the record of such a hearing may 
be inspected and/or copied in the Office of the Director, U.S. Fish and 
Wildlife Service, Washington, DC 20240, unless the file is in the care 
and custody of the presiding officer, in which case he shall notify the 
parties as to where and when the record may be inspected.



Sec. 18.80  Ex parte communications.

    (a) After notice of a hearing is published in the Federal Register, 
all communications, whether oral or written, involving any substantive 
or procedural issue and directed either to the presiding officer or to 
the Director, Deputy Director or Marine Mammal Coordinator, U.S. Fish 
and Wildlife Service, without reference to these rules of procedure, 
shall be deemed ex parte communications and are not to be considered 
part of the record for decision.
    (b) A record of oral conversations shall be made by the above 
persons who are contacted. All communications shall be available for 
public viewing at times and place(s) specified in the notice of hearing.
    (c) The presiding officer shall not communicate with any party on 
any fact in issue or on the merits of the matter unless notice and 
opportunity is given for all parties to participate.



Sec. 18.81  Prehearing conference.

    (a) After an examination of all the direct testimony submitted 
pursuant to Sec. 18.77, the presiding officer shall make a preliminary 
determination of issues of fact which may be addressed at the hearing.
    (b) The presiding officer's preliminary determination shall be made 
available at the place or places provided in the notice of the hearing 
(Sec. 18.74(b)(8)) at least five days before the prehearing conference 
is held.
    (c) The purpose of the prehearing conference shall be to enable the 
presiding officer to determine, on the basis of the direct testimony 
submitted and prehearing discussions:
    (1) Whether the presiding officer's preliminary determination of 
issues of fact for the hearing has omitted any significant issues;
    (2) What facts are not in dispute;
    (3) Which witnesses may appear at the hearing; and
    (4) The nature of the interest of each party and which parties' 
interests are adverse.
    (d) Only parties may participate in the prehearing conference, and a 
party may appear in person or be represented by counsel.



Sec. 18.82  Prehearing order.

    (a) After the prehearing conference, the presiding officer shall 
prepare a prehearing order which shall be published in the Federal 
Register within ten days after the conclusion of the conference. A copy 
of the prehearing order shall be mailed to all Parties.
    (b) The prehearing order shall list: (1) All the issues which the 
hearing shall address, the order in which those issues shall be 
presented, and the direct testimony submitted which bears on the issues; 
and (2) a final date for submission of direct testimony on issues of 
fact not included in the notice of hearing if such issues are presented. 
The

[[Page 448]]

prehearing order may also specify a final date for submission of direct 
testimony to rebut testimony previously submitted during the time 
specified in the notice of the hearing.
    (c) The presiding officer shall publish with the prehearing order a 
list of witnesses who may appear at the hearing, a list of parties, the 
nature of the interest of each party, and which parties interests are 
adverse on the issues presented.
    (d) All parties shall be bound by the prehearing order.



Sec. 18.83  Determination to cancel the hearing.

    (a) If the presiding officer determines that no issues of material 
fact are presented by the direct testimony submitted prior to the date 
of the hearing, he may publish in the Federal Register such 
determination and that on issues of material fact a hearing shall not be 
held. The presiding officer may provide an opportunity for argument on 
any issues of law presented by the direct testimony.
    (b) Promptly after oral argument, if any, the presiding officer 
shall make a recommended decision based on the record, which in this 
case shall consist of the direct testimony and any oral argument 
presented. He shall transmit to the Director his recommended decision, 
the record and a certificate stating that the record contains all the 
written direct testimony. The Director shall then make a final decision 
in accordance with these regulations (Sec. 18.91).



Sec. 18.84  Rebuttal testimony and new issues of fact in prehearing order.

    (a) Direct testimony to rebut testimony offered during the time 
period specified in the notice of hearing may be submitted pursuant to 
these regulations within fifteen days after the conclusion of the 
prehearing conference unless the presiding officer otherwise specifies 
in the prehearing order.
    (b) If the prehearing order presents issues not included in the 
notice of the hearing published pursuant to Sec. 18.74:
    (1) Any person interested in participating at the hearing on such 
issues presented shall notify the Director by certified mail of an 
intent to participate not later than ten days after publication of the 
prehearing order. Such person may present direct testimony or cross-
examine witnesses only on such issues presented unless he previously 
notified the Director pursuant to Sec. 18.75; and
    (2) Additional written direct testimony concerning such issues may 
be submitted within the time provided in the prehearing order. Such 
direct testimony will comply with the requirements of Sec. 18.77.



Sec. 18.85  Waiver of right to participate.

    Any person who fails to notify the Director of his intent to 
participate pursuant to Sec. 18.75 or Sec. 18.84 shall be deemed to have 
waived his right to participate as a party.



Sec. 18.86  Conduct of the hearing.

    (a) The hearing shall be held at the time and place fixed in the 
notice of hearing, unless the presiding officer changes the time or 
place. If a change occurs, the presiding officer shall publish the 
change in the Federal Register and shall expeditiously notify all 
parties by telephone or by mail. If the change in time or place of 
hearing is made less than five days before the date previously fixed for 
the hearing, the presiding officer shall also announce, or cause to be 
announced, the change at the time and place previously fixed for the 
hearing.
    (b) The presiding officer shall, at the commencement of the hearing, 
introduce into the record the notice of hearing as published in the 
Federal Register, all subsequent notices published in the Federal 
Register, the Environmental Impact Statement if it is required and the 
comments thereon and agency responses to the comments, and a list of all 
parties. Direct testimony shall then be received with respect to the 
matters specified in the prehearing order in such order as the presiding 
officer shall announce. With respect to direct testimony submitted as 
rebuttal testimony or in response to new issues presented by the 
prehearing conference, the presiding officer shall determine the 
relevancy of such testimony.

[[Page 449]]

    (c) The hearing shall be publicly conducted and reported verbatim by 
an official reporter.
    (d) If a party objects to the admission or rejection of any direct 
testimony or to any other ruling of the presiding officer during the 
hearing, he shall state briefly the grounds of such objection, whereupon 
an automatic exception will follow if the objection is overruled by the 
presiding officer. The transcript shall not include argument or debate 
thereon except as ordered by the presiding officer. The ruling of the 
presiding officer on any objection shall be a part of the transcript and 
shall be subject to review at the same time and in the same manner as 
the Director's final decision. Only objections made before the presiding 
officer may subsequently be relied upon in the proceedings.
    (e) All motions and requests shall be addressed to, and ruled on by, 
the presiding officer if made prior to his certification of the 
transcript, or by the Director if made thereafter.



Sec. 18.87  Direct testimony.

    (a) Only direct testimony submitted as provided in these regulations 
and introduced at the hearing by a witness shall be considered part of 
the record. Such direct testimony, when written, shall not be read into 
evidence but shall become a part of the record subject to exclusion of 
irrelevant and immaterial parts thereof.
    (b) The witness introducing direct testimony shall:
    (1) State his name, address and occupation;
    (2) State qualifications for introducing the direct testimony. If an 
expert, the witness shall briefly state the scientific or technical 
training which qualifies him as an expert;
    (3) Identify the direct testimony previously submitted in accordance 
with these regulations; and
    (4) Submit to appropriate cross- and direct-examination. Cross-
examination shall be by a party whose interests are adverse on the issue 
presented to the witness if the witness is a party, or to the interests 
of the party who presented the witness.
    (c) A party shall be deemed to have waived the right to introduce 
direct-testimony if such party fails to present a witness to introduce 
the direct-testimony.
    (d) Official notice may be taken of such matters as are judicially 
noticed by the courts of the United States. Parties shall be given 
adequate notice, by the presiding officer, at the hearing, of matters so 
noticed and shall be given adequate opportunity to show that such facts 
are inaccurate or are erroneously noticed.



Sec. 18.88  Cross-examination.

    (a) The presiding officer may:
    (1) Require the cross-examiner to outline the intended scope of the 
examination; and
    (2) Exclude cross-examination questions that are immaterial, 
irrelevant or unduly repetitious.
    (b) Any party shall be given an opportunity to appear, either in 
person or through an authorized counsel or representative, to cross-
examine witnesses. Before cross-examining a witness, the party or 
counsel shall state his name, address and occupation. If counsel cross-
examines the witness, counsel shall state for the record the authority 
to act as counsel. Cross-examiners shall be assumed to be familiar with 
the direct testimony.
    (c) Any party or party's counsel who fails to appear at the hearing 
to cross-examine an ``adverse'' witness shall be deemed to have waived 
the right to cross-examine that witness.
    (d) Scientific, technical or commercial publications may only be 
utilized for the limited purposes of impeaching witnesses under cross-
examination unless previously submitted and introduced in accordance 
with these regulations.



Sec. 18.89  Oral and written arguments.

    (a) The presiding officer may, in his discretion, provide for oral 
argument by parties at the end of the hearing. Such argument, when 
permitted, may be limited by the presiding officer to the extent 
necessary for the expeditious disposition of the proceeding.
    (b) The presiding officer shall announce at the hearing a reasonable 
period of time within which any party may file with the presiding 
officer proposed findings and conclusions and

[[Page 450]]

written arguments or briefs, which are based upon the record and citing 
where practicable the relevant page or pages of the transcript. If a 
party filing a brief desires the presiding officer to reconsider any 
objection made by such party to a ruling of the presiding officer, he 
shall specifically identify such rulings by reference to the pertinent 
pages of the transcript and shall state his arguments thereon as a part 
of the brief.
    (c) Oral or written arguments shall be limited to issues arising 
from direct testimony on the record.



Sec. 18.90  Recommended decision, certification of the transcript and submission of comments on the recommended decision.

    (a) Promptly after expiration of the period for receiving written 
briefs, the presiding officer shall make a recommended decision based on 
the record and transmit the decision to the Director. The recommended 
decision shall include:
    (1) A statement containing a description of the history of the 
proceedings;
    (2) Findings on the issues of fact with the reasons therefor; and
    (3) Rulings on issues of law.
    (b) The presiding officer shall also transmit to the Director the 
transcript of the hearing, the original and all copies of the direct 
testimony, and written comments. The presiding officer shall attach to 
the original transcript of the hearing a certificate stating that to the 
best of his knowledge and belief the transcript is a true transcript of 
the testimony given at the hearing except in such particulars as are 
specified.
    (c) Upon receipt of the recommended decision, the Director shall 
send a copy thereof to each party by certified mail and shall publish in 
the Federal Register a notice of the receipt of the recommended decision 
by the Director. The notice shall include:
    (1) A summary of the recommended decision;
    (2) A statement that any interested person may file written comments 
on the recommended decision with the Director by a specified date;
    (3) The time(s) and place(s) where the record of the hearing 
transmitted to the Director pursuant to paragraph (b) of this section 
may be inspected by interested persons; and
    (4) The time(s) and place(s) where the recommended decision may be 
inspected and/or copied by interested persons.
    (d) Within thirty days after the notice of receipt of the 
recommended decision has been published in the Federal Register, any 
interested person may file with the Director any written comments on the 
recommended decision. All comments, including recommendations from or 
consultation with the Marine Mammal Commission, must be submitted during 
the thirty-day period to the Director at the above address.



Sec. 18.91  Director's decision.

    (a) Upon receipt of the recommended decision and transcript and 
after the thirty-day period for receiving written comments on the 
recommended decision has passed, the Director shall make a final 
decision on the proposed regulations and waiver, where applicable. The 
Director's decision may affirm, modify, or set aside, in whole or in 
part, the recommended findings, conclusions and decision of the 
presiding officer. The Director may also remand the hearing record to 
the presiding officer for a fuller development of the record.
    (b) The Director's decision shall include:
    (1) A statement containing a description of the history of the 
proceeding;
    (2) Findings on the issues of fact with the reasons therefor;
    (3) Rulings on issues of law; and
    (4) Any other relevant information which the Director deems 
appropriate.
    (c) The Director's decision shall be published in the Federal 
Register. If the waiver is approved, the final adopted regulations shall 
be promulgated with the decision, or as soon thereafter as practicable.



Subpart H--Waiver of Moratorium on Taking and Importation of Individual 
                          Marine Mammal Species

    Source: 41 FR 14373, Apr. 5, 1976, unless otherwise noted.

[[Page 451]]



Sec. 18.92  Purpose of regulations.

    The regulations contained in this subpart fulfill the requirements 
of section 103 of the Act for regulations to govern the taking and 
importation of each species of marine mammal for which the moratorium 
imposed by section 101 has been waived.



Sec. 18.93  Scope of regulations.

    (a) The provisions in this subpart apply only after (1) the Director 
has made a decision to waive a moratorium pursuant to section 
101(a)(3)(A) of the Act, (2) the opportunity for a hearing required by 
section 103(d) of the Act has been provided, and (3) the Director has 
made a determination, in the case of State laws and regulations, to 
approve such State laws and regulations pursuant to section 109(a)(2) of 
the Act and subpart F of this part.
    (b) The provisions of this subpart, unless specifically stated, 
apply to all taking and/or importation of each species of marine mammal 
for which the moratorium has been waived other than takings for 
scientific research or public display, which are governed by Sec. 18.31 
of this part, or takings incidental to commercial fishing operations 
which are governed by Sec. 18.24.



Sec. 18.94  Pacific walrus (Alaska).

    (a) Pursuant to sections 101(a)(3)(A) 103, and 109 of the Marine 
Mammal Protection Act of 1972, the moratorium on the hunting and killing 
of Pacific walrus (Odobenus rosmarus) in waters or on lands subject to 
the jurisdiction of the State of Alaska, the United States, or on the 
high seas by any person, vessel, or conveyance subject to the 
jurisdiction of the State of Alaska or the United States, is waived, 
provided that beginning August 2, 1979 this waiver shall not be 
effective, and no taking or importation under the waiver shall be 
allowed, until this section is amended to establish regulations to 
effectively control taking and otherwise implement the waiver.
    (b) [Reserved]

[41 FR 14373, Apr. 5, 1976, as amended at 44 FR 45566, Aug. 2, 1979]

Subpart I  [Reserved]



     Subpart J--Taking of Marine Mammals Incidental to Oil and Gas 
 Exploration, Development and Production Activities in the Beaufort Sea 
                  and Adjacent Northern Coast of Alaska

    Editorial Note: At 64 FR 4334, Jan. 28, 1999, subpart J was revised, 
effective Jan. 28, 1999 through Jan. 30, 2000. However, subpart J 
expired on Dec. 15, 1998 and no longer exists. The revised subpart 
follows:



Sec. 18.121  What specified activities does this rule cover?

    Regulations in this subpart apply to the incidental, but not 
intentional, take of polar bear and Pacific walrus by U.S. citizens (as 
defined in Sec. 18.27(c)) engaged in oil and gas exploration, 
development, and production activities in the Beaufort Sea and adjacent 
northern coast of Alaska. These regulations do not apply to the 
incidental, unintentional take of polar bear and Pacific walrus 
resulting from sub-sea pipelines offshore in the Beaufort Sea, and 
subsequent production and transport of oil through sub-sea pipelines to 
tie in with onshore facilities. These regulations and any authorizations 
under these regulations do not constitute approval of future sub-sea 
pipeline construction and operation activities.



18.122  In what specified geographic region does this rule apply?

    This rule applies to the specified geographic area defined by a 
North/South line at Barrow, Alaska, and includes all Alaska coastal 
areas, State waters, and Outer Continental Shelf waters east of that 
line to the Canadian border and an area 25 miles inland from Barrow on 
the west to the Canning River on the east. The Arctic National Wildlife 
Refuge is excluded from this rule.



Sec. 18.123  When is this rule effective?

    Regulations in this subpart are effective January 28, 1999 through 
January 30, 2000, for year-round oil and gas exploration, development, 
and production activities.

[[Page 452]]



Sec. 18.124  How do I obtain a Letter of Authorization?

    (a) You must be a U.S. citizen as defined in Sec. 18.27(c) of this 
part.
    (b) If you are conducting an oil and gas exploration, development, 
or production activity in the geographic area described in Sec. 18.122 
that may take a polar bear or Pacific walrus in execution of those 
activities, you should apply for a Letter of Authorization for each 
exploration activity or a Letter of Authorization for each development 
and production area. You must submit the application for authorization 
to our Alaska Regional Director at least 90 days prior to the start of 
the proposed activity.
    (c) Your application for a Letter of Authorization must include the 
following information:
    (1) A description of the activity, the dates and duration, the 
specific location and the estimated area affected by that activity;
    (2) A site-specific plan to monitor the behavior and effects of the 
activity on polar bear and Pacific walrus that are present during the 
on-going activities. Our Alaska Regional Director must approve your plan 
which identifies the survey techniques that determine the actions of the 
polar bear and Pacific walrus in response to the on-going activity. Your 
monitoring program must document the actions of these marine mammals and 
estimate the actual level of take. The monitoring requirements will vary 
depending on the activity, the location, and the time.
    (3) A polar bear awareness and interaction plan if the activity is 
on ice or in an area of active ice movement. For the protection of human 
life and welfare, each employee on site must complete a basic polar bear 
encounter training course.
    (4) A Plan of Cooperation to mitigate potential conflicts between 
the proposed activity and subsistence hunting. This Plan of Cooperation 
must identify measures to minimize adverse effects on the availability 
of polar bear and Pacific walrus for subsistence uses if the activity 
takes place in or near a traditional subsistence hunting area. You 
should contact affected subsistence communities to discuss potential 
conflicts with the location, timing, and methods of proposed operations. 
You must make reasonable efforts to assure that Industry activities do 
not interfere with subsistence hunting or that adverse effects on the 
availability of polar bear or Pacific walrus are properly mitigated.
    (d) We will evaluate each request for a Letter of Authorization 
based on the specific activity and the specific geographic location. 
Each Letter of Authorization will identify allowable conditions or 
methods that are specific to the activity and location.



Sec. 18.125  What criteria do we use to evaluate Letter of Authorization requests?

    When you request a Letter of Authorization, we will determine 
whether the level of activity identified in the request exceeds that 
considered by us in making a finding of negligible impact on the species 
and a finding of no unmitigable adverse impact on the availability of 
the species for subsistence. If the level of activity is greater, we 
will re-evaluate our findings to determine if those findings continue to 
be appropriate based on the greater level of activity. Depending on the 
results of the evaluation, we may allow the authorization to stand as 
is, add further conditions, or withdraw the authorization.



Sec. 18.126  What does my Letter of Authorization allow?

    (a) Depending on your application for incidental take authority, 
your Letter of Authorization (see Sec. 18.124) allows the incidental, 
but not intentional, take of polar bear and Pacific walrus when you are 
carrying out one or more of the following activities:
    (1) Conducting geological and geophysical surveys;
    (2) Drilling exploratory wells and associated activities;
    (3) Developing oil fields and associated activities; and
    (4) Drilling production wells and performing production support 
operations, except the construction and operation of sub-sea pipelines.
    (b) You must conduct methods and activities identified in your 
Letter of

[[Page 453]]

Authorization in a manner that minimizes to the greatest extent 
practicable adverse impacts on polar bear and Pacific walrus, their 
habitat, and on the availability of these marine mammals for subsistence 
uses.



Sec. 18.127  What activities are prohibited?

    (a) You may not intentionally take polar bear or Pacific walrus 
under these regulations. Under section 109(h)(1) and section 101(c) of 
the Marine Mammal Protection Act, we may authorize intentional take 
(e.g., harassment associated with deterrent activities, and taking in 
defense of self or others).
    (b) Letters of Authorization prohibit any take that fails to comply 
with the terms and conditions of these specific regulations.
    (c) This rule does not authorize the incidental take of polar bear 
and Pacific walrus during sub-sea pipeline activities.
    (d) In accordance with Sec. 18.27(f) of this part, we will make 
decisions concerning withdrawals of Letters of Authorization, either on 
an individual or class basis, only after notice and opportunity for 
public comment. This requirement for notice and public comment will not 
apply if we determine that an emergency exists which poses a significant 
risk to the well-being of the species or stocks of polar bear or Pacific 
walrus.



Sec. 18.128  What are the monitoring and reporting requirements?

    (a) We require holders of Letters of Authorization to cooperate with 
us and other designated Federal, State, or local agencies to monitor the 
impacts of oil and gas exploration, development, and production 
activities on polar bear and Pacific walrus.
    (b) Holders of Letters of Authorization must designate a qualified 
individual or individuals to observe, record, and report on the effects 
of their activities on polar bear and Pacific Walrus.
    (c) We may choose to place an observer on site of the activity, on 
board drill ships, drill rigs, aircraft, icebreakers, or other support 
vessels or vehicles to monitor the impacts of your activity on polar 
bear and Pacific walrus.
    (d) For exploratory activities, holders of a Letter of Authorization 
must submit a report to our Alaska Regional Director within 90 days 
after completion of activities. For development and production 
activities, holders of a Letter of Authorization must submit a report to 
our Alaska Regional Director by January 15 for the preceding year's 
activities. Reports must include, at a minimum, the following 
information.
    (1) Dates and times of activity;
    (2) Dates and locations of polar bear or Pacific walrus activity as 
related to the monitoring activity; and
    (3) Results of the monitoring activities including an estimate of 
the level of take.



Sec. 18.129  What are the information collection requirements?

    (a) The collection of information contained in this subpart has been 
approved by the Office of Management and Budget under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.) and assigned clearance number 
1018-0070. We need to collect the information in order to describe the 
proposed activity and estimate the impacts of potential takings by all 
persons conducting the activity. We will use the information to evaluate 
the application and determine whether to issue specific regulations, 
and, subsequently, Letters of Authorization.
    (b) For the initial year, we estimate your burden to be 200 hours to 
develop an application requesting us to promulgate incidental take 
regulations. For the initial year and annually thereafter when you 
conduct operations under this rule, we estimate an 8 hour burden per 
Letter of Authorization, a 4 hour burden for monitoring, and an 8 hour 
burden per monitoring report. You must respond to this information 
collection request to obtain a benefit pursuant to Section 101(a)(5) of 
the Marine Mammal Protection Act. You should direct comments regarding 
the burden estimate or any other aspect of this requirement to the 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, Department of the Interior, Mail Stop 224 ARLSQ, 1849 C Street, 
NW., Washington, DC 20240,

[[Page 454]]

and the Office of Management and Budget, Paperwork Reduction Project 
(1018-0070), Washington, DC 20503.



PART 19--AIRBORNE HUNTING--Table of Contents




                         Subpart A--Introduction

Sec.
19.1  Purpose of regulations.
19.2  Scope of regulations.
19.3  Relation to other laws.
19.4  Definitions.

                         Subpart B--Prohibitions

19.11  General prohibitions.
19.12  Exceptions to general prohibitions.

                       Subpart C--Federal Permits

19.21  Limitation on Federal permits.

         Subpart D--State Permits and Annual Report Requirements

19.31  State permits.
19.32  Annual reporting requirements.

    Authority: Fish and Wildlife Act of 1956, 85 Stat. 480, as amended, 
86 Stat. 905 (16 U.S.C. 742a--j-1).

    Source: 39 FR 1177, Jan. 4, 1974, unless otherwise noted.



                         Subpart A--Introduction



Sec. 19.1  Purpose of regulations.

    The regulations contained in this part provide rules relative to the 
prohibition against shooting or harassing of wildlife from any aircraft, 
provide the requirements for the contents and filing of annual reports 
by the States regarding permits issued for such shooting or harassing, 
and provide regulations necessary for effective enforcement of the Fish 
and Wildlife Act of 1956 as amended (16 U.S.C. 742a--j-1).



Sec. 19.2  Scope of regulations.

    The regulations contained in this part apply to all persons within 
the territorial jurisdiction of the United States, to all United States 
citizens whether within the territorial jurisdiction of the United 
States or on the high seas or on board aircraft in flight over the high 
seas, and to all persons on board aircraft belonging in whole or in part 
to any United States citizen, firm, or partnership, or corporation 
created by or under the laws of the United States, or any State, 
territory or possession thereof.



Sec. 19.3  Relation to other laws.

    The exemptions to general prohibitions of the Fish and Wildlife Act 
of 1956, that permit airborne hunting in certain circumstances (See 
subpart B of this part) do not supersede, or authorize the violation of, 
other laws designed for the conservation or protection of wildlife, 
including those laws prohibiting the shooting or harassing of bald and 
golden eagles, polar bears and other marine mammals, migratory birds, 
and other wildlife, except to the extent that airborne hunting is 
authorized by regulations or permits issued under authority of those 
laws. (See e.g., Sec. 21.41 of this subchapter.)



Sec. 19.4  Definitions.

    In addition to definitions contained in part 10 of this subchapter, 
and unless the context otherwise requires, in this part 19:
    Harass means to disturb, worry, molest, rally, concentrate, harry, 
chase, drive, herd or torment.



                         Subpart B--Prohibitions



Sec. 19.11  General prohibitions.

    (a) Except as otherwise authorized by the Fish and Wildlife Act of 
1956 as amended, no person shall:
    (1) While airborne in any aircraft shoot or attempt to shoot for the 
purpose of capturing or killing any wildlife;
    (2) Use an aircraft to harass any wildlife; or
    (3) Knowingly participate in using an aircraft whether in the 
aircraft or on the ground for any purpose referred to in paragraph (a) 
(1) or (2) of this section.
    (b) The acts prohibited in this section include, but are not limited 
to, any person who:
    (1) Pilots or assists in the operation of an aircraft from which 
another person shoots or shoots at wildlife while airborne, or
    (2) While on the ground takes or attempts to take any wildlife by 
means, aid, or use of an aircraft.

[[Page 455]]



Sec. 19.12  Exceptions to general prohibitions.

    The prohibitions of the preceding section shall not apply to any 
person who:
    (1) Is acting within the scope of his official duties as an employee 
or authorized agent of a State or the United States to administer or 
protect or aid in the administration or protection of land, water, 
wildlife, livestock, domesticated animals, human life or crops; or
    (2) Is acting within the limitations of a permit referred to in 
Sec. 19.21 or Sec. 19.31 of this part.



                       Subpart C--Federal Permits



Sec. 19.21  Limitation on Federal permits.

    No Federal permits will be issued to authorize any person to hunt, 
shoot, or harass any wildlife from an aircraft, except for Federal 
permits to scare or herd migratory birds referred to in Sec. 21.41 of 
this subchapter.



         Subpart D--State Permits and Annual Report Requirements



Sec. 19.31  State permits.

    (a) Except as provided in Sec. 19.3, States may issue permits to 
persons to engage in airborne hunting or harassing of wildlife for 
purposes of administering or protecting land, water, wildlife, 
livestock, domestic animals, human life or crops. States may not issue 
permits for the purpose of sport hunting.
    (b) Upon issuance of a permit by a State to a person pursuant to 
this section, the issuing authority will provide immediate notification 
to the Special Agent in Charge having jurisdiction according to 
Sec. 10.22.



Sec. 19.32  Annual reporting requirements.

    (a) Any State issuing permits to persons to engage in airborne 
hunting or harassing of wildlife or any State whose employees or agents 
participate in airborne hunting or harassing of wildlife for purposes of 
administering or protecting land, water, wildlife, livestock, domestic 
animals, human life or crops, shall file with the Director, an annual 
report on or before July 1 for the preceding calendar year ending 
December 31.
    (b) The annual report required by this section shall contain the 
following information as to each such permit issued:
    (1) The name and address of each person to whom a permit was issued.
    (2) Permit number and inclusive dates during which permit was valid.
    (3) The aircraft number of the aircraft used and the location where 
such aircraft was based.
    (4) Common name and number of the wildlife for which authorization 
to take was given and a description of the area from which the wildlife 
were authorized to be taken.
    (5) The purpose for which the permit was issued, specifically 
identifying whether the permit was issued to protect land, water, 
wildlife, livestock, domestic animals, crops, or human life.
    (6) The common name and number of wildlife taken by permittees and 
State employees or agents.
    (c) A compilation of all annual reports required by this section 
shall be made by the Director and furnished to any State filing such 
annual report.



PART 20--MIGRATORY BIRD HUNTING--Table of Contents




                         Subpart A--Introduction

Sec.
20.1  Scope of regulations.
20.2  Relation to other provisions.

                         Subpart B--Definitions

20.11  What terms do I need to understand?

                            Subpart C--Taking

20.20  Migratory Bird Harvest Information Program.
20.21  What hunting methods are illegal?
20.22  Closed seasons.
20.23  Shooting hours.
20.24  Daily limit.
20.25  Wanton waste of migratory game birds.
20.26  Emergency closures.

                          Subpart D--Possession

20.31  Prohibited if taken in violation of subpart C.
20.32  During closed season.
20.33  Possession limit.
20.34  Opening day of a season.
20.35  Field possession limit.
20.36  Tagging requirement.

[[Page 456]]

20.37  Custody of birds of another.
20.38  Possession of live birds.
20.39  Termination of possession.
20.40  Gift of migratory game birds.

           Subpart E--Transportation Within the United States

20.41  Prohibited if taken in violation of subpart C.
20.42  Transportation of birds of another.
20.43  Species identification requirement.
20.44  Marking package or container.

                         Subpart F--Exportation

20.51  Prohibited if taken in violation of subpart C.
20.52  Species identification requirement.
20.53  Marking package or container.

                         Subpart G--Importations

20.61  Importation limits.
20.62  Importation of birds of another.
20.63  Species identification requirement.
20.64  Foreign export permits.
20.65  Processing requirement.
20.66  Marking of package or container.

               Subpart H--Federal, State, and Foreign Law

20.71  Violation of Federal law.
20.72  Violation of State law.
20.73  Violation of foreign law.

            Subpart I--Migratory Bird Preservation Facilities

20.81  Tagging requirement.
20.82  Records required.
20.83  Inspection of premises.

                      Subpart J--Feathers or Skins

20.91  Commercial use of feathers.
20.92  Personal use of feathers or skins.

     Subpart K--Annual Seasons, Limits, and Shooting Hours Schedules

20.100  General provisions.
20.101  Seasons, limits, and shooting hours for Puerto Rico and the 
          Virgin Islands.
20.102  Seasons, limits, and shooting hours for Alaska.
20.103  Seasons, limits, and shooting hours for mourning and white-
          winged doves and wild pigeons.
20.104  Seasons, limits, and shooting hours for rails, woodcock, and 
          common (Wilson's) snipe.
20.105  Seasons, limits, and shooting hours for waterfowl, coots, and 
          gallinules.
20.106  Seasons, limits, and shooting hours for sandhill cranes.
20.107  Seasons, limits, and shooting hours for tundra swans.
20.108  Nontoxic shot zones.
20.109  Extended seasons, limits, and hours for taking migratory game 
          birds by falconry.
20.110  Seasons, limits and other regulations for certain Federal Indian 
          reservations, Indian Territory, and ceded lands.

         Subpart L--Administrative and Miscellaneous Provisions

20.131  Extension of seasons.
20.132  Subsistence use in Alaska.
20.133  Hunting regulations for crows.
20.134  Nontoxic shot.

 Subpart M--Criteria and Schedule for Implementing Nontoxic Shot Zones 
       for the 1987-1988 and Subsequent Waterfowl Hunting Seasons

20.140  Purpose and scope.
20.141  Definitions.
20.142  Applicability.
20.143  Criteria and schedule for conversion to nontoxic shot.

Subpart N--Special Procedures for Issuance of Annual Hunting Regulations

20.151  Purpose and scope.
20.152  Definitions.
20.153  Regulations committee.
20.154  Flyway Councils.
20.155  Public file.

    Authority: 16 U.S.C. 703-712; and 16 U.S.C. 742 a-j.

    Source: 38 FR 22021, Aug. 15, 1973, unless otherwise noted.



                         Subpart A--Introduction



Sec. 20.1  Scope of regulations.

    (a) In general. The regulations contained in this part relate only 
to the hunting of migratory game birds, and crows.
    (b) Procedural and substantive requirements. Migratory game birds 
may be taken, possessed, transported, shipped, exported, or imported 
only in accordance with the restrictions, conditions, and requirements 
contained in this part. Crows may be taken, possessed, transported, 
exported, or imported only in accordance with subpart H of this part and 
the restrictions, conditions, and requirements prescribed in 
Sec. 20.133.

[[Page 457]]



Sec. 20.2  Relation to other provisions.

    (a) Migratory bird permits. The provisions of this part shall not be 
construed to alter the terms of any permit or other authorization issued 
pursuant to part 21 of this subchapter.
    (b) Migratory bird hunting stamps. The provisions of this part are 
in addition to the provisions of the Migratory Bird Hunting Stamp Act of 
1934 (48 Stat. 451, as amended; 16 U.S.C. 718a).
    (c) National wildlife refuges. The provisions of this part are in 
addition to, and are not in lieu of, any other provision of law 
respecting migratory game birds under the National Wildlife Refuge 
System Administration Act of 1966 (80 Stat. 927, as amended; 16 U.S.C. 
668dd) or any regulation made pursuant thereto.
    (d) State Laws for the protection of migratory birds. No statute or 
regulation of any State shall be construed to relieve a person from the 
restrictions, conditions, and requirements contained in this part, 
however, nothing in this part shall be construed to prevent the several 
States from making and enforcing laws or regulations not inconsistent 
with these regulations and the conventions between the United States and 
any foreign country for the protection of migratory birds or with the 
Migratory Bird Treaty Act, or which shall give further protection to 
migratory game birds.



                         Subpart B--Definitions



Sec. 20.11  What terms do I need to understand?

    For the purpose of this part, the following terms shall be 
construed, respectively, to mean and to include:
    (a) Migratory game birds means those migratory birds included in the 
terms of conventions between the United States and any foreign country 
for the protection of migratory birds, for which open seasons are 
prescribed in this part and belong to the following families:
    (1) Anatidae (ducks, geese [including brant] and swans);
    (2) Columbidae (doves and pigeons);
    (3) Gruidae (cranes);
    (4) Rallidae (rails, coots and gallinules); and
    (5) Scolopacidae (woodcock and snipe).
    A list of migratory birds protected by the international conventions 
and the Migratory Bird Treaty Act appears in Sec. 10.13 of this 
subchapter.
    (b) Seasons--(1) Open season means the days on which migratory game 
birds may lawfully be taken. Each period precribed as an open season 
shall be construed to include the first and last days thereof.
    (2) Closed season means the days on which migratory game birds shall 
not be taken.
    (c) Bag limits--(1) Aggregate bag limit means a condition of taking 
in which two or more usually similar species may be bagged (reduced to 
possession) by the hunter in predetermined or unpredetermined quantities 
to satisfy a maximum take limit.
    (2) Daily bag limit means the maximum number of migratory game birds 
of single species or combination (aggregate) of species permitted to be 
taken by one person in any one day during the open season in any one 
specified geographic area for which a daily bag limit is prescribed.
    (3) Aggregate daily bag limit means the maximum number of migratory 
game birds permitted to be taken by one person in any one day during the 
open season when such person hunts in more than one specified geographic 
area and/or for more than one species for which a combined daily bag 
limit is prescribed. The aggregate daily bag limit is equal to, but 
shall not exceed, the largest daily bag limit prescribed for any one 
species or for any one specified geographic area in which taking occurs.
    (4) Possession limit means the maximum number of migratory game 
birds of a single species or a combination of species permitted to be 
possessed by any one person when lawfully taken in the United States in 
any one specified geographic area for which a possession limit is 
prescribed.
    (5) Aggregate possession limit means the maximum number of migratory 
game birds of a single species or combination of species taken in the 
United States permitted to be possessed by

[[Page 458]]

any one person when taking and possession occurs in more than one 
specified geographic area for which a possession limit is prescribed. 
The aggegate possession limit is equal to, but shall not exceed, the 
largest possession limit prescribed for any one of the species or 
specified geographic areas in which taking and possession occurs.
    (d) Personal abode means one's principal or ordinary home or 
dwelling place, as distinguished from one's temporary or transient place 
of abode or dwelling such as a hunting club, or any club house, cabin, 
tent or trailer house used as a hunting club, or any hotel, motel or 
rooming house used during a hunting, pleasure or business trip.
    (e) Migratory bird preservation facility means:
    (1) Any person who, at their residence or place of business and for 
hire or other consideration; or
    (2) Any taxidermist, cold-storage facility or locker plant which, 
for hire or other consideration; or
    (3) Any hunting club which, in the normal course of operations; 
receives, possesses, or has in custody any migratory game birds 
belonging to another person for purposes of picking, cleaning, freezing, 
processing, storage or shipment.
    (f) Paraplegic means an individual afflicted with paralysis of the 
lower half of the body with involvement of both legs, usually due to 
disease of or injury to the spinal cord.
    (g) Normal agricultural planting, harvesting, or post-harvest 
manipulation means a planting or harvesting undertaken for the purpose 
of producing and gathering a crop, or manipulation after such harvest 
and removal of grain, that is conducted in accordance with official 
recommendations of State Extension Specialists of the Cooperative 
Extension Service of the U.S. Department of Agriculture.
    (h) Normal agricultural operation means a normal agricultural 
planting, harvesting, post-harvest manipulation, or agricultural 
practice, that is conducted in accordance with official recommendations 
of State Extension Specialists of the Cooperative Extension Service of 
the U.S. Department of Agriculture.
    (i) Normal soil stabilization practice means a planting for 
agricultural soil erosion control or post-mining land reclamation 
conducted in accordance with official recommendations of State Extension 
Specialists of the Cooperative Extension Service of the U.S. Department 
of Agriculture for agricultural soil erosion control.
    (j) Baited area means any area on which salt, grain, or other feed 
has been placed, exposed, deposited, distributed, or scattered, if that 
salt, grain, or other feed could serve as a lure or attraction for 
migratory game birds to, on, or over areas where hunters are attempting 
to take them. Any such area will remain a baited area for ten days 
following the complete removal of all such salt, grain, or other feed.
    (k) Baiting means the direct or indirect placing, exposing, 
depositing, distributing, or scattering of salt, grain, or other feed 
that could serve as a lure or attraction for migratory game birds to, 
on, or over any areas where hunters are attempting to take them.
    (l) Manipulation means the alteration of natural vegetation or 
agricultural crops by activities that include but are not limited to 
mowing, shredding, discing, rolling, chopping, trampling, flattening, 
burning, or herbicide treatments. The term manipulation does not include 
the distributing or scattering of grain, seed, or other feed after 
removal from or storage on the field where grown.
    (m) Natural vegetation means any non-agricultural, native, or 
naturalized plant species that grows at a site in response to planting 
or from existing seeds or other propagules. The term natural vegetation 
does not include planted millet. However, planted millet that grows on 
its own in subsequent years after the year of planting is considered 
natural vegetation.

[53 FR 24290, June 28, 1988, as amended at 64 FR 29804, June 3, 1999]



                            Subpart C--Taking



Sec. 20.20  Migratory Bird Harvest Information Program.

    (a) Information collection requirements. The collections of 
information contained in Sec. 20.20 have been approved by

[[Page 459]]

the Office of Management and Budget under 44 U.S.C. 3501 et seq. and 
assigned clearance number 1018-0015. An agency may not conduct or 
sponsor, and a person is not required to respond to a collection of 
information unless it displays a currently valid OMB control number. The 
information will be used to provide a sampling frame for the national 
Migratory Bird Harvest Survey. Response is required from licensed 
hunters to obtain the benefit of hunting migratory game birds. Public 
reporting burden for this information is estimated to average 2 minutes 
per response for 3,300,000 respondents, including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
the data needed, and completing and reviewing the collection of 
information. Thus the total annual reporting and record-keeping burden 
for this collection is estimated to be 112,000 hours. Send comments 
regarding this burden estimate or any other aspect of this collection of 
information, including suggestions for reducing the burden, to the 
Service Information Collection Clearance Officer, ms-224 ARLSQ, Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project 1018-0015, Washington, DC 20503.
    (b) General provisions. Each person hunting migratory game birds in 
any State except Hawaii must have identified himself or herself as a 
migratory bird hunter and given his or her name, address, and date of 
birth to the respective State hunting licensing authority and must have 
on his or her person evidence, provided by that State, of compliance 
with this requirement.
    (c) Tribal exemptions. Nothing in paragraph (b) of this section 
shall apply to tribal members on Federal Indian Reservations or to 
tribal members hunting on ceded lands.
    (d) State exemptions. Nothing in paragraph (b) of this section shall 
apply to those hunters who are exempt from State-licensing requirements 
in the State in which they are hunting.
    (e) State responsibilities. The State hunting licensing authority 
will ask each licensed migratory bird hunter in the respective State to 
report approximately how many ducks, geese, doves, and woodcock he or 
she bagged the previous year, whether he or she hunted coots, snipe, 
rails, and/or gallinules the previous year, and, in States that have 
band-tailed pigeon hunting seasons, whether he or she intends to hunt 
band-tailed pigeons during the current year.

[58 FR 15098, Mar. 19, 1993, as amended at 59 FR 53336, Oct. 21, 1994; 
61 FR 46352, Aug. 30, 1996; 62 FR 45708, Aug. 28, 1997; 63 FR 46401, 
Sept. 1, 1998]



Sec. 20.21  What hunting methods are illegal?

    Migratory birds on which open seasons are prescribed in this part 
may be taken by any method except those prohibited in this section. No 
persons shall take migratory game birds:
    (a) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 
larger than 10 gauge, punt gun, battery gun, machinegun, fish hook, 
poison, drug, explosive, or stupefying substance;
    (b) 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;
    (c) From or by means, aid, or use of a sinkbox or any other type of 
low floating device, having a depression affording the hunter a means of 
concealment beneath the surface of the water;
    (d) From or by means, aid, or use of any motor vehicle, motor-driven 
land conveyance, or aircraft of any kind, except that paraplegics and 
persons missing one or both legs may take from any stationary motor 
vehicle or stationary motor-driven land conveyance;
    (e) From or by means of any motorboat or other craft having a motor 
attached, or any sailboat, unless the motor has been completely shut off 
and/or the sails furled, and its progress therefrom has ceased: 
Provided, That a craft under power may be used to retrieve dead or 
crippled birds; however, crippled birds may not be shot from such craft 
under power except in the seaduck area as permitted in subpart K of this 
part;
    (f) By the use or aid of live birds as decoys; although not limited 
to, it shall be a violation of this paragraph

[[Page 460]]

for any person to take migratory waterfowl on an area where tame or 
captive live ducks or geese are present unless such birds are and have 
been for a period of 10 consecutive days prior to such taking, confined 
within an enclosure which substantially reduces the audibility of their 
calls and totally conceals such birds from the sight of wild migratory 
waterfowl;
    (g) By the use or aid of recorded or electrically amplified bird 
calls or sounds, or recorded or electrically amplified imitations of 
bird calls or sounds;
    (h) By means or aid of any motordriven land, water, or air 
conveyance, or any sailboat used for the purpose of or resulting in the 
concentrating, driving, rallying, or stirring up of any migratory bird;
    (i) By the aid of baiting, or on or over any baited area, where a 
person knows or reasonably should know that the area is or has been 
baited. However, nothing in this paragraph prohibits:
    (1) the taking of any migratory game bird, including waterfowl, 
coots, and cranes, on or over the following lands or areas that are not 
otherwise baited areas--
    (i) Standing crops or flooded standing crops (including aquatics); 
standing, flooded, or manipulated natural vegetation; flooded harvested 
croplands; or lands or areas where seeds or grains have been scattered 
solely as the result of a normal agricultural planting, harvesting, 
post-harvest manipulation or normal soil stabilization practice;
    (ii) From a blind or other place of concealment camouflaged with 
natural vegetation;
    (iii) From a blind or other place of concealment camouflaged with 
vegetation from agricultural crops, as long as such camouflaging does 
not result in the exposing, depositing, distributing or scattering of 
grain or other feed; or
    (iv) Standing or flooded standing agricultural crops where grain is 
inadvertently scattered solely as a result of a hunter entering or 
exiting a hunting area, placing decoys, or retrieving downed birds.
    (2) The taking of any migratory game bird, except waterfowl, coots 
and cranes, on or over lands or areas that are not otherwise baited 
areas, and where grain or other feed has been distributed or scattered 
solely as the result of manipulation of an agricultural crop or other 
feed on the land where grown, or solely as the result of a normal 
agricultural operation.
    (j) While possessing shot (either in shotshells or as loose shot for 
muzzleloading) other than steel shot, or bismuth-tin (97 parts bismuth: 
3 parts tin with 1 percent residual lead) shot, or tungsten-iron (40 
parts tungsten: 60 parts iron with 1 percent residual lead) shot, or 
tungsten-polymer (95.5 parts tungsten: 4.5 parts Nylon 6 or 11 with 1 
percent residual lead) shot, or tungsten-matrix (95.9 parts tungsten: 
4.1 parts polymer with 1 percent residual lead) shot, or tin (99.9 
percent tin with 1 percent residual lead) shot, or such shot approved as 
nontoxic by the Director pursuant to procedures set forth in 20.134, 
provided that:
    (1) This restriction applies only to the taking of Anatidae (ducks, 
geese [including brant] and swans), coots (Fulica americana) and any 
species that make up aggregate bag limits during concurrent seasons with 
the former in areas described in Sec. 20.108 as nontoxic shot zones, and
    (2) Tungsten-matrix shot (95.9 parts tungsten: 4.1 parts polymer 
with 1 percent residual lead) is legal as nontoxic shot for waterfowl 
and coot hunting for the 1999-2000 hunting season only, and
    (3) Tin shot (99.9 percent tin with 1 percent residual lead) is 
legal as nontoxic shot for waterfowl and coot hunting for the 1999-2000 
hunting season only.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22896, Aug. 27, 1973; 
44 FR 2599, Jan. 12, 1979; 45 FR 70275, Oct. 23, 1980; 49 FR 4079, Feb. 
2, 1984; 52 FR 27364, July 21, 1987; 53 FR 24290, June 28, 1988; 60 FR 
64, Jan. 3, 1995; 60 FR 43316, Aug. 18, 1995; 61 FR 42494, Aug. 15, 
1996; 62 FR 43447, Aug. 13, 1997; 64 FR 29804, June 3, 1999; 64 FR 
32780, June 17, 1999; 64 FR 45405, Aug. 19, 1999]



Sec. 20.22  Closed seasons.

    No person shall take migratory game birds during the closed season.

[64 FR 32780, June 17, 1999]

[[Page 461]]



Sec. 20.23  Shooting hours.

    No person shall take migratory game birds except during the hours 
open to shooting as prescribed in subpart K of this part.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]



Sec. 20.24  Daily limit.

    No person shall take in any 1 calendar day, more than the daily bag 
limit or aggregate daily bag limit, whichever applies.

[38 FR 22021, Aug. 15, 1973, as amended at 38 FR 22626, Aug. 23, 1973]



Sec. 20.25  Wanton waste of migratory game birds.

    No person shall kill or cripple any migratory game bird pursuant to 
this part without making a reasonable effort to retrieve the bird, and 
retain it in his actual custody, at the place where taken or between 
that place and either (a) his automobile or principal means of land 
transportation; or (b) his personal abode or temporary or transient 
place of lodging; or (c) a migratory bird preservation facility; or (d) 
a post office; or (e) a common carrier facility.

[41 FR 31536, July 29, 1976]



Sec. 20.26  Emergency closures.

    (a) The Director may close or temporarily suspend any season 
established under subpart K of this part:
    (1) Upon a finding that a continuation of such a season would 
constitute an imminent threat to the safety of any endangered or 
threatened species or other migratory bird populations.
    (2) Upon issuance of local public notice by such means as 
publication in local newspapers of general circulation, posting of the 
areas affected, notifying the State wildlife conservation agency, and 
announcement on local radio and television.
    (b) Any such closure or temporary suspension shall be announced by 
publication of a notice to that effect in the Federal Register 
simultaneous with the local public notice referred to in paragraph 
(a)(2) of this section. However, in the event that it is impractical to 
publish a Federal Register notice simultaneously, due to the restriction 
in time available and the nature of the particular emergency situation, 
such notice shall follow the steps outlined in paragraph (a) of this 
section as soon as possible.
    (c) Any closure or temporary suspension under this section shall be 
effective on the date of publication of the Federal Register notice; or 
if such notice is not published simultaneously, then on the date and at 
the time specified in the local notification to the public. Every notice 
of closure shall include the date and time of closing of the season and 
the area or areas affected. In the case of a temporary suspension, the 
date and time when the season may be resumed shall be provided by a 
subsequent local notification to the public, and by publication in the 
Federal Register.

[41 FR 31536, July 29, 1976]



                          Subpart D--Possession



Sec. 20.31  Prohibited if taken in violation of subpart C.

    No person shall at any time, by any means, or in any manner, possess 
or have in custody any migratory game bird or part thereof, taken in 
violation of any provision of subpart C of this part.



Sec. 20.32  During closed season.

    No person shall possess any freshly killed migratory game birds 
during the closed season.



Sec. 20.33  Possession limit.

    No person shall possess more migratory game birds taken in the 
United States than the possession limit or the aggregate possession 
limit, whichever applies.



Sec. 20.34  Opening day of a season.

    No person on the opening day of the season shall possess any freshly 
killed migratory game birds in excess of the daily bag limit, or 
aggregate daily bag limit, whichever applies.



Sec. 20.35  Field possession limit.

    No person shall possess, have in custody, or transport more than the 
daily bag limit or aggregate daily bag limit,

[[Page 462]]

whichever applies, of migratory game birds, tagged or not tagged, at or 
between the place where taken and either (a) his automobile or principal 
means of land transportation; or (b) his personal abode or temporary or 
transient place of lodging; or (c) a migratory bird preservation 
facility; or (d) a post office; or (e) a common carrier facility.

[41 FR 31536, July 29, 1976]



Sec. 20.36  Tagging requirement.

    No person shall put or leave any migratory game birds at any place 
(other than at his personal abode), or in the custody of another person 
for picking, cleaning, processing, shipping, transportation, or storage 
(including temporary storage), or for the purpose of having taxidermy 
services performed, unless such birds have a tag attached, signed by the 
hunter, stating his address, the total number and species of birds, and 
the date such birds were killed. Migratory game birds being transported 
in any vehicle as the personal baggage of the possessor shall not be 
considered as being in storage or temporary storage.



Sec. 20.37  Custody of birds of another.

    No person shall receive or have in custody any migratory game birds 
belonging to another person unless such birds are tagged as required by 
Sec. 20.36.



Sec. 20.38  Possession of live birds.

    Every migratory game bird wounded by hunting and reduced to 
possession by the hunter shall be immediately killed and become a part 
of the daily bag limit. No person shall at any time, or by any means, 
possess or transport live migratory game birds taken under authority of 
this part.



Sec. 20.39  Termination of possession.

    Subject to all other requirements of this part, the possession of 
birds taken by any hunter shall be deemed to have ceased when such birds 
have been delivered by him to another person as a gift; or have been 
delivered by him to a post office, a common carrier, or a migratory bird 
preservation facility and consigned for transport by the Postal Service 
or a common carrier to some person other than the hunter.

[41 FR 31537, July 29, 1976]



Sec. 20.40  Gift of migratory game birds.

    No person may receive, possess, or give to another, any freshly 
killed migratory game birds as a gift, except at the personal abodes of 
the donor or donee, unless such birds have a tag attached, signed by the 
hunter who took the birds, stating such hunter's address, the total 
number and species of birds and the date such birds were taken.

[42 FR 39668, Aug. 5, 1977]



           Subpart E--Transportation Within the United States



Sec. 20.41  Prohibited if taken in violation of subpart C.

    No person shall at any time, by any means, or in any manner, 
transport any migratory game bird or part thereof, taken in violation of 
any provision of subpart C of this part.



Sec. 20.42  Transportation of birds of another.

    No person shall transport migratory game birds belonging to another 
person unless such birds are tagged as required by Sec. 20.36.



Sec. 20.43  Species identification requirement.

    No person shall transport within the United States any migratory 
game birds, except doves and band-tailed pigeons (Columba fasciata), 
unless the head or one fully feathered wing remains attached to each 
such bird at all times while being transported from the place where 
taken until they have arrived at the personal abode of the possessor or 
a migratory bird preservation facility.

[41 FR 31537, July 19, 1976]



Sec. 20.44  Marking package or container.

    No person shall transport by the Postal Service or a common carrier 
migratory game birds unless the package or container in which such birds 
are transported has the name and address of the shipper and the 
consignee and an

[[Page 463]]

accurate statement of the numbers of each species of birds therein 
contained clearly and conspicuously marked on the outside thereof.



                         Subpart F--Exportation



Sec. 20.51  Prohibited if taken in violation of subpart C.

    No person shall at any time, by any means, or in any manner, export 
or cause to be exported, any migratory game bird or part thereof, taken 
in violation of any provision of subpart C of this part.



Sec. 20.52  Species identification requirement.

    No person shall export migratory game birds unless one fully 
feathered wing remains attached to each such bird while being 
transported from the United States and/or any of its possessions to any 
foreign country.



Sec. 20.53  Marking package or container.

    No person shall export migratory game birds via the Postal Service 
or a common carrier unless the package or container has the name and 
address of the shipper and the consignee and an accurate statement of 
the numbers of each species of birds therein contained clearly and 
conspicuously marked on the outside thereof.



                         Subpart G--Importations



Sec. 20.61  Importation limits.

    No person shall import migratory game birds in excess of the 
following importation limits:
    (a) Doves and pigeons. (1) From any foreign country except Mexico, 
during any one calendar week beginning on Sunday, not to exceed 25 
doves, singly or in the aggregate of all species, and 10 pigeons, singly 
or in the aggregate of all species.
    (2) From Mexico, not to exceed the maximum number permitted by 
Mexican authorities to be taken in any one day: Provided, That if the 
importer has his Mexican hunting permit date-stamped by appropriate 
Mexican wildlife authorities on the first day he hunts in Mexico, he may 
import the applicable Mexican possession limit corresponding to the days 
actually hunted during that particular trip.
    (b) Waterfowl. (1) From any foreign country except Canada and 
Mexico, during any one calendar week beginning on Sunday, not to exceed 
10 ducks, singly or in the aggregate of all species, and five geese 
including brant, singly or in the aggregate of all species.
    (2) From Canada, not to exceed the maximum number permitted to be 
exported by Canadian authorities.
    (3) From Mexico, not to exceed the maximum number permitted by 
Mexican authorities to be taken in any one day: Provided, That if the 
importer has his Mexican hunting permit date-stamped by appropriate 
Mexican wildlife authorities on the first day he hunts in Mexico, he may 
import the applicable Mexican possession limit corresponding to the days 
actually hunted during that particular trip.

[40 FR 36346, Aug. 20, 1975]



Sec. 20.62  Importation of birds of another.

    No person shall import migratory game birds belonging to another 
person.



Sec. 20.63  Species identification requirement.

    No person shall import migratory game birds unless each such bird 
has one fully feathered wing attached, and such wing must remain 
attached while being transported between the port of entry and the 
personal abode of the possessor or between the port of entry and a 
migratory bird preservation facility.

[41 FR 31537, July 19, 1976]



Sec. 20.64  Foreign export permits.

    No person shall import, possess or transport, any migratory game 
birds killed in a foreign country unless such birds are accompanied by 
export permits, tags, or other documentation required by applicable 
foreign laws or regulations.



Sec. 20.65  Processing requirement.

    No person shall import migratory game birds killed in any foreign 
country, except Canada, unless such birds are dressed (except as 
required in

[[Page 464]]

Sec. 20.63), drawn, and the head and feet are removed: Provided, That 
this shall not prohibit the importation of legally taken, fully 
feathered migratory game birds consigned for mounting purposes to a 
taxidermist who holds a current taxidermist permit issued to him 
pursuant to Sec. 21.24 of this chapter and who is also licensed by the 
U.S. Department of Agriculture to decontaminate such birds.



Sec. 20.66  Marking of package or container.

    No person shall import migratory game birds via the Postal Service 
or a common carrier unless the package or container has the name and 
address of the shipper and the consignee and an accurate statement of 
the numbers of each species of birds therein contained clearly and 
conspicuously marked on the outside thereof.



               Subpart H--Federal, State, and Foreign Law



Sec. 20.71  Violation of Federal law.

    No person shall at any time, by any means or in any manner, take, 
possess, transport, or export any migratory bird, or any part, nest, or 
egg of any such bird, in violation of any act of Congress or any 
regulation issued pursuant thereto.



Sec. 20.72  Violation of State law.

    No person shall at any time, by any means or in any manner, take, 
possess, transport, or export any migratory bird, or any part, nest, or 
egg of any such bird, in violation of any applicable law or regulation 
of any State.



Sec. 20.73  Violation of foreign law.

    No person shall at any time, by any means, or in any manner, import, 
possess, or transport, any migratory bird, or any part, nest, or egg of 
any such bird taken, bought, sold, transported, possessed, or exported 
contrary to any applicable law or regulation of any foreign country, or 
State or province thereof.



            Subpart I--Migratory Bird Preservation Facilities



Sec. 20.81  Tagging requirement.

    No migratory bird preservation facility shall receive or have in 
custody any migratory game birds unless such birds are tagged as 
required by Sec. 20.36.

[41 FR 31537, July 29, 1976]



Sec. 20.82  Records required.

    (a) No migratory bird preservation facility shall:
    (1) Receive or have in custody any migratory game bird unless 
accurate records are maintained which can identify each bird received 
by, or in the custody of, the facility by the name of the person from 
whom the bird was obtained, and show (i) the number of each species; 
(ii) the location where taken; (iii) the date such birds were received; 
(iv) the name and address of the person from whom such birds were 
received; (v) the date such birds were disposed of; and (vi) the name 
and address of the person to whom such birds were delivered, or
    (2) Destroy any records required to be maintained under this section 
for a period of 1 year following the last entry on the record.
    (b) Record keeping as required by this section will not be necessary 
at hunting clubs which do not fully process migratory birds by removal 
of both the head and wings.

[41 FR 38510, Sept. 10, 1976]



Sec. 20.83  Inspection of premises.

    No migratory bird preservation facility shall prevent any person 
authorized to enforce this part from entering such facilities at all 
reasonable hours and inspecting the records and the premises where such 
operations are being carried.

[41 FR 31537, July 19, 1976]



                      Subpart J--Feathers or Skins



Sec. 20.91  Commercial use of feathers.

    Any person may possess, purchase, sell, barter, or transport for the 
making of fishing flies, bed pillows, and

[[Page 465]]

mattresses, and for similar commercial uses the feathers of migratory 
waterfowl (ducks, geese, brant, and swans) killed by hunting pursuant to 
this part, or seized and condemned by Federal or State game authorities, 
except that:
    (a) No person shall purchase, sell, barter, or offer to purchase, 
sell, or barter for millinery or ornamental use the feathers of 
migratory game birds taken under authority of this part; and
    (b) No person shall purchase, sell, barter, or offer to purchase, 
sell, or barter mounted specimens of migratory game birds taken under 
authority of this part.

[38 FR 22021, Aug. 15, 1973, as amended at 45 FR 70275, Oct. 23, 1980]



Sec. 20.92  Personal use of feathers or skins.

    Any person for his own use may possess, transport, ship, import, and 
export without a permit the feathers and skins of lawfully taken 
migratory game birds.



     Subpart K--Annual Seasons, Limits, and Shooting Hours Schedules



Sec. 20.100  General provisions.

    (a) The taking, possession, transportation, and other uses of 
migratory game birds by hunters is generally prohibited unless it is 
specifically provided for under regulations developed in accordance with 
the Migratory Bird Treaty Act. Consequently, hunting is prohibited 
unless regulatory schedules are established for seasons, daily bag and 
possession limits, and shooting (or hawking) hours. Migratory game bird 
population levels, including production and habitat conditions, vary 
annually. These conditions differ over North America, and within the 
United States, by flyways, States, and frequently areas within States. 
Thus, it is necessary to make annual adjustments in the schedules to 
limit the harvests of migratory game birds to permissible levels.
    (b) The development of these schedules involves annual data 
gathering programs to determine migratory game bird population status 
and trends, evaluations of habitat conditions, harvest information, and 
other factors having a bearing on the anticipated size of the fall 
flights of these birds. The proposed hunting schedules are announced 
early in the spring, and following consideration of additional 
information as it becomes available, as well as public comment, they are 
modified and published as supplemental proposals. These are also open to 
public comment. Public hearings are held for the purpose of providing 
additional opportunity for public participation in the rulemaking 
process.

[44 FR 7147, Feb. 6, 1979]



Sec. 20.101  Seasons, limits and shooting hours for Puerto Rico and the Virgin Islands.

    This section provides for the annual hunting of certain doves, 
pigeons, ducks, coots, gallinules and snipe in Puerto Rico; and for 
certain doves, pigeons and ducks in the Virgin Islands. In these 
Commonwealths, the hunting of waterfowl and coots (and other certain 
species, as applicable) must be with the use of nontoxic shot beginning 
in the 1991-92 waterfowl season.

[53 FR 24290, June 28, 1988]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 20.102  Seasons, limits, and shooting hours for Alaska.

    This section provides for the annual hunting of certain waterfowl 
(ducks, tundra swans, geese, and brant), common snipe, and sandhill 
cranes in Alaska. In Alaska, the hunting of waterfowl must be with the 
use of nontoxic shot beginning in the 1991-92 waterfowl season.

[55 FR 35267, Aug. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.

[[Page 466]]



Sec. 20.103  Seasons, limits, and shooting hours for mourning and white-winged doves and wild pigeons.

    This section provides for the annual hunting of certain doves and 
pigeons in the 48 contiguous United States. The mourning dove hunting 
regulations are arranged by the Eastern, Central, and Western Management 
Units.

[44 FR 7147, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 20.104  Seasons, limits, and shooting hours for rails, woodcock, and common (Wilson's) snipe.

    This section provides for the annual hunting of certain rails, 
woodcock, and snipe in the 48 contiguous United States.

[44 FR 7148, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 20.105  Seasons, limits and shooting hours for waterfowl, coots, and gallinules.

    This section provides for the annual hunting of certain waterfowl 
(ducks, geese [including brant]), coots and gallinules in the 48 
contiguous United States. The regulations are arranged by the Atlantic, 
Mississippi, Central and Pacific Flyways. These regulations often vary 
within Flyways or States, and by time periods. Those areas of the United 
States outside of State boundaries, i.e., the United States' territorial 
waters seaward of county boundaries, and including coastal waters 
claimed by the separate States, if not already included under the zones 
contained in Sec. 20.108, are designated for the purposes of 
Sec. 20.21(j) as nontoxic shot zones for waterfowl hunting beginning in 
the 1991-92 season.

[53 FR 24290, June 28, 1988, as amended at 56 FR 22102, May 13, 1991]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 20.106  Seasons, limits, and shooting hours for sandhill cranes.

    This section provides for the annual hunting of sandhill cranes in 
designated portions of the 48 contiguous United States.

[55 FR 35267, Aug. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 20.107  Seasons, limits, and shooting hours for tundra swans.

    This section provides for the annual hunting of tundra swans in 
designated portions of the 48 contiguous United States.

[55 FR 39829, Sept. 28, 1990]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 20.108  Nontoxic shot zones.

    Beginning September 1, 1991, the contiguous 48 United States, and 
the States of Alaska and Hawaii, the Territories of Puerto Rico and the 
Virgin Islands, and the territorial waters of the United States, are 
designated for the purpose of Sec. 20.21(j) as nontoxic shot zones for 
hunting waterfowl, coots and certain other species. ``Certain other 
species'' refers to those species, other than waterfowl or coots, that 
are affected by reason of being included in aggregate bags and 
concurrent seasons.

[56 FR 22102, May 13, 1991]



Sec. 20.109  Extended seasons, limits, and hours for taking migratory game birds by falconry.

    This section provides annual regulations by which falconers may take 
permitted migratory game birds.

[44 FR 7148, Feb. 6, 1979]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.

[[Page 467]]



Sec. 20.110  Seasons, limits, and other regulations for certain Federal Indian reservations, Indian Territory, and ceded lands.

    This section provides for establishing annual migratory bird hunting 
regulations for certain tribes on Federal Indian reservations, Indian 
Territory, and ceded lands.

[50 FR 35764, Sept. 3, 1985]

    Editorial Note: For Federal Register citations affecting annual 
regulatory schedules for this section, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



         Subpart L--Administrative and Miscellaneous Provisions



Sec. 20.131  Extension of seasons.

    Whenever the Secretary shall find that emergency State action to 
prevent forest fires in any extensive area has resulted in the 
shortening of the season during which the hunting of any species of 
migratory game bird is permitted and that compensatory extension or 
reopening the hunting season for such birds will not result in a 
diminution of the abundance of birds to any greater extent than that 
contemplated for the original hunting season, the hunting season for the 
birds so affected may, subject to all other provisions of this 
subchapter, be extended or reopened by the Secretary upon request of the 
chief officer of the agency of the State exercising administration over 
wildlife resources. The length of the extended or reopened season in no 
event shall exceed the number of days during which hunting has been so 
prohibited. The extended or reopened season will be publicly announced.



Sec. 20.132  Subsistence use in Alaska.

    (a) In Alaska, Eskimos and Indians may take, possess, and transport, 
in any manner and at any time, auks, auklets, guillemots, murres, and 
puffins and their eggs for food and their skins for clothing, but the 
birds and eggs so taken shall not be sold or offered for sale.
    (b) In Alaska, any person may, for subsistence purposes, take, 
possess, and transport, in any manner and at any time, snowy owls and 
cormorants and their eggs for food and their skins for clothing, but the 
birds and eggs so taken shall not be sold or offered for sale.



Sec. 20.133  Hunting regulations for crows.

    (a) Crows may be taken, possessed, transported, exported, or 
imported, only in accordance with such laws or regulations as may be 
prescribed by a State pursuant to this section.
    (b) Except in the State of Hawaii, where no crows shall be taken, 
States may by statute or regulation prescribe a hunting season for 
crows. Such State statutes or regulations may set forth the method of 
taking, the bag and possession limits, the dates and duration of the 
hunting season, and such other regulations as may be deemed appropriate, 
subject to the following limitations for each State:
    (1) Crows shall not be hunted from aircraft;
    (2) The hunting season or seasons on crows shall not exceed a total 
of 124 days during a calendar year;
    (3) Hunting shall not be permitted during the peak crow nesting 
period within a State; and
    (4) Crows may only be taken by firearms, bow and arrow, and 
falconry.



Sec. 20.134  Nontoxic shot.

    (a) Approval. (1) The information collection requirements contained 
in Sec. 20.134 have been approved by the Office of Management and Budget 
under 44 U.S.C. 3501 et seq. and assigned clearance number 1018-0067. 
The information is being collected to provide a basis for which the 
Director, Fish and Wildlife Service, can conduct a methodical and 
objective review to approve/disapprove nontoxic shot status sought by an 
applicant. The information will be used for toxicity assessment of 
candidate shot submitted for approval by applicant. Response is required 
to obtain a benefit.
    (2) The Director, U.S. Fish and Wildlife Service, shall determine 
that a specific type of shot material is acceptable for the purposes of 
50 CFR 20.21(j), if after a review of applications and supporting data 
submitted in accordance with this section, together with all other 
relevant evidence, including public comment, it is concluded that

[[Page 468]]

the spent shot material does not impose a significant danger to 
migratory birds and other wildlife or their habitats.
    (b) Application and review--Tiered strategy for approval of nontoxic 
shot and shot coating. (1) All applications for approval under this 
section must be submitted with supporting documentation to the Director 
in accordance with the following procedures and must include at a 
minimum the supporting materials and information covered by Tier 1 in 
the tiered approval system as follows:
    (2) Tier 1. (i)(A) Applicant provides statements of use, chemical 
characterization, production variability, volume of use of candidate 
material and shot sample as listed in paragraphs (b)(2)(i)(A)(1) through 
(5), (b)(2)(i)(B)(1) through (5), and (b)(2)(i)(C)(1) through (3) of 
this section. The candidate shot or shot coating may be chemically 
analyzed by the Service or an independent laboratory to compare the 
results with the applicant's descriptions of shot composition and 
composition variability. Rejection of the application will occur if it 
is incomplete or if the composition of the candidate material, upon 
analysis, varies significantly from that described by the applicant.
    (1) Statement of proposed use, i.e., purpose and types.
    (2) Description of the chemical composition of the intact material.
    (i) Chemical names, Chemical Abstracts Service numbers (if 
available), and structures.
    (ii) Chemical characterization for organics and organometallics for 
coating and core [e.g., empirical formula, melting point, molecular 
weight, solubility, specific gravity, partition coefficients, hydrolysis 
half-life, leaching rate (in water and soil), degradation half-life, 
vapor pressure, stability and other relevant characteristics].
    (iii) Composition and weight of shot material.
    (iv) Thickness, quantity (e.g., mg/shot), and chemical composition 
of shot coating.
    (3) Statement of the expected variability of shot during production.
    (4) Estimate of yearly volume of candidate shot and/or coated shot 
expected for use in hunting migratory birds in the U.S.
    (5) Five pounds of the candidate shot and/or coated shot, as 
applicable, in size equivalent to United States standard size No. 4 
(0.13 inches in diameter).
    (B) Applicant provides information on the toxicological effects of 
the shot or shot coating as follows:
    (1) A summary of the acute and chronic mammalian toxicity data of 
the shot or shot coating ranking its toxicity (e.g., LD505 mg/kg = super 
toxic, 5-50 mg/kg = extremely toxic, 50-500 mg/kg = very toxic, 500-
5,000 mg/kg = moderately toxic, 5,000-15,000 = slightly toxic, >15,000 
mg/kg = practically nontoxic) with citations.
    (2) A summary of known acute, chronic, and reproductive 
toxicological data of the chemicals comprising the shot or shot coating 
with respect to birds, particularly waterfowl (include LD50 or LC50 
data, and sublethal effects) with citations.
    (3) A narrative description, with citations to relevant data, 
predicting the toxic effect in waterfowl of complete erosion and 
absorption of one shot or coated shot in a 24-hour period. Define the 
nature of toxic effect (e.g., mortality, impaired reproduction, 
substantial weight loss, disorientation and other relevant associated 
clinical observations).
    (4) A statement, with supporting rationale and citations to relevant 
data, that there is or is not any reasonable basis for concern for shot 
or coated shot ingestion by fish, amphibians, reptiles or mammals. If 
there is some recognized impact on fish, amphibians, reptiles, or 
mammals, the Service may require additional study.
    (5) Summarize the toxicity data of chemicals comprising the shot or 
shot coating to aquatic and terrestrial invertebrates, fish, amphibians, 
reptiles, and mammals.
    (C) Applicant provides information on the environmental fate and 
transport, if any, of the shot or shot coating as follows:
    (1) A statement of the alteration of the shot or shot coating, 
chemically or physically, upon firing. The statement must describe any 
alterations.
    (2) An estimate of the environmental half-life of the organic or

[[Page 469]]

organometallic component of the shot or shot coating, and a description 
of the chemical form of the breakdown products.
    (3) Information on the Estimated Environmental Concentration (EEC) 
assuming 69,000 shot per hectare (Bellrose 1959; Pain 1990) for:
    (i) A terrestrial ecosystem, assuming complete dissolution of 
material in 5 cm of soil. What would be the EEC and would that EEC 
exceed existing clean soil standards? (Environmental Protection Agency 
[EPA] standards for the Use of Disposal of Sewage Sludge; 40 CFR Part 
503). How does the estimated EEC relate to the toxicity threshold for 
plants, invertebrates, fish and wildlife?
    (ii) An aquatic ecosystem, assuming complete dissolution of the shot 
or shot coating in 1 cubic foot of water. What is the estimated EEC, and 
how does it compare to the EPA Water Quality Criteria and toxicity 
thresholds in plants, invertebrates, fish and wildlife?
    (D) Service evaluation of an application. (1) In reviewing the 
submission, the Service will use an exceedence of 1 LD50/square foot as 
the level of concern (U.S.E.P.A. 1992) as a criteria in the risk 
assessment.
    (2) In cooperation with the applicant, the Service will conduct a 
risk assessment using the Quotient Method (Environmental Protection 
Agency 1986): Risk = EEC/Toxicological Level of Concern Compare EEC in 
ppm to an effect level (e.g., LD50 in ppm. If Q  0.1 = No Adverse 
Effects; If 0.1  Q  10.0 = Possible Adverse 
Effects; If Q > 10.0 = Probable Adverse Effects.
    (3) Upon receipt of the Tier 1 application, the Director will review 
it to determine if the submission is complete. If complete, the 
applicant is notified within 30 days of receipt that a thorough review 
of the application will commence. A Notice of Application will appear in 
the Federal Register announcing the initiation of review of a Tier 1 
application. Complete review of a Tier 1 application will occur within 
60 days of the date the Notice of Application is published in the 
Federal Register.
    (E) If, after review of the Tier 1 data, the Service does not 
conclude that the shot or shot coating does not impose a significant 
danger to migratory birds, other wildlife, and their habitats, the 
applicant is advised to proceed with the additional testing described 
for Tier 2, Tier 3, or both. A Notice of Review will inform the public 
that Tier 1 test results are inconclusive, and Tier 2, Tier 3, or both 
testing are required before further consideration.
    (F) If review of the Tier 1 data results in a preliminary 
determination that the candidate material does not impose a significant 
danger to migratory birds, other wildlife, and their habitats, the 
Director will publish in the Federal Register a proposed rule stating 
the Service's intention to approve this shot or shot coating based on 
the toxicological report and toxicity studies. The rulemaking will 
include a description of the chemical composition of the candidate shot 
or shot coating, and a synopsis of findings under the standards required 
for Tier 1. If, at the end of the comment period, the Service finds no 
technical or scientific basis upon which to alter its conclusion, the 
candidate material will be approved by the publication of a final rule 
in the Federal Register. If, after receiving public comment, the Service 
determines that all available information does not establish that the 
shot and/or shot coating does not impose a significant danger to 
migratory birds, other wildlife, and their habitats, Tier 2, Tier 3, or 
both testing will be required and a Notice of Review will appear in the 
Federal Register. If only one of these two Tier tests are required, the 
Service will explain in the notice why the other is not required. If the 
applicant chooses not to proceed, the determination denying approval 
will appear in the Federal Register.
    (ii) [Reserved]
    (3) Tier 2. (i) If Tier 2 testing is required, the applicant must 
submit a plan that addresses paragraph (b)(3)(ii) requirements. The 
Director will review the Tier 2 testing plan submitted by the applicant 
within 30 days of receipt. The Director may decline to approve the plan, 
or any part of it, if deficient in any manner with regard to timing, 
format or content. The Director shall apprise the applicant regarding 
what parts, if any, of the submitted testing

[[Page 470]]

procedures to disregard and any modifications to incorporate into the 
Tier 2 testing plan in order to gain plan approval. All testing 
procedures will be in compliance with the Good Laboratory Practices 
Standards (40 CFR part 160) except where they conflict with the 
regulations in this section or with a provision of an approved plan. The 
Director, or authorized representative, may elect to inspect the 
applicant's laboratory facilities and may decline to approve the plan 
and further consideration of the candidate shot if the facility does not 
meet the Good Laboratory Practices Standards. After the plan is 
accepted, Tier 2 testing will commence. Required analyses and reports, 
in accordance with the regulations in this section, must be sent to the 
Director. The applicant will ensure that copies of all the raw data and 
statistical analyses accompany the laboratory reports and final 
comprehensive report of this test.
    (ii) Evaluation of the candidate shot or shot coating will first be 
in a standardized test under in vitro conditions (see paragraph be in a 
standardized test under in vitro conditions (see paragraph 
(b)(3)(ii)(A)) that will assess its erosion and any release of 
components into a liquid medium in an environment simulating in vivo 
conditions of a waterfowl gizzard. Erosion characteristics are to be 
compared with those of lead shot and steel shot of comparable size. 
Following the erosion rate testing, the applicant must conduct a 30-day 
acute toxicity test in mallards, and a test to determine the candidate 
shot and/or shot coating effects on selected invertebrates and fish and 
include the results in the report for the Director.
    (A) In vitro erosion rate test. Conduct a standardized in vitro test 
to determine erosion rate of the candidate shot or shot coating using 
the guidelines in Kimball and Munir (1971), unless otherwise provided by 
the Service.
    (1) Typical test materials: Atomic absorption spectrophotometer; 
Drilled aluminum block to support test tubes; Thermostatically 
controlled stirring hot plate; Small Teflon-coated magnets; 
Hydrochloric acid (pH 2.0) and pepsin; Capped test tubes; and Lead, 
steel and candidate shot/coated shot.
    (2) Typical test procedures. Add hydrochloric acid and pepsin to 
each capped test tube at a volume and concentration that will erode a 
single 4 lead shot at a rate of 5 mg/day. Place three test 
tubes, each containing either lead shot, steel shot or candidate shot 
and/or coated shot, in an aluminum block on the stirring hot plate. Add 
a Teflon coated magnet to each test tube and set the hot 
plate at 42 degrees centigrade and 500 revolutions per minute. Determine 
the erosion of shot or coated shot daily for 14 consecutive days by 
weighing the shot and analyzing the digestion solution with an atomic 
absorption spectrophotometer. Replicate the 14-day procedure five times.
    (3) Typical test analyses. Compare erosion rates of the three types 
of shot by appropriate analysis of variance and regression procedures. 
The statistical analysis will determine whether the rate of erosion of 
the shot and/or shot coating is significantly greater or less than that 
of lead and steel. This determination is important to any subsequent 
toxicity testing.
    (B) Acute toxicity test--Tier 2 (Short-term, 30-day acute toxicity 
test using a commercially available duck food.). Over a 30-day period, 
conduct a short-term acute toxicity test that complies with the 
guidelines described as follows or as otherwise provided by the Service:
    (1) Typical test materials: 30 male and 30 female hand-reared 
mallards approximately 6 to 8 months old (mallards must have plumage and 
body conformation that resemble wild mallards); 60 elevated outdoor pens 
equipped with feeders and waterers; Laboratory equipped to perform 
fluoroscopy, required blood and tissue assays, and necropsies; 
Commercial duck maintenance mash; and Lead, steel and candidate shot.
    (2) Typical test procedures. House mallards individually in pens and 
give ad libitum access to food and water. After 3 weeks, randomly assign 
to 3 groups (10 males and 10 females/group), dose with eight pellets of 
either No. 4 lead shot (positive control), steel shot (negative 
control), or the candidate shot or coated shot. Fluoroscope birds at 1 
week after dosage to check for shot retention. Observe birds daily for 
signs of intoxication and mortality over a 30-

[[Page 471]]

day period. Determine body weight at the time of dosing, and at days 15 
and 30 of the test. On days 15 and 30, collect blood by venipuncture, 
determine hematocrit, hemoglobin concentration and other specified blood 
chemistries. Sacrifice all survivors on day 30. Remove the liver and 
other appropriate organs from the sacrificed birds and from birds that 
died prior to sacrifice on day 30 for histopathological analysis. 
Analyze the organs for lead and compounds contained in the candidate 
shot or coated shot. Necropsy all birds to determine any pathological 
conditions.
    (3) Typical test analyses. Analyze mortality among the specified 
groups with appropriate chi-square statistical procedures. Analyze 
physiological data and tissue contaminant data by analysis of variance 
or other appropriate statistical procedures to include the factors of 
shot type and sex. Compare sacrificed birds and birds that died prior to 
sacrifice whenever sample sizes are adequate for meaningful comparison.
    (C) Daphnid and fish early-life toxicity tests. Determine the 
toxicity of the compounds that comprise the shot or shot coating (at 
conditions maximizing solubility without adversely affecting controls) 
to selected invertebrates and fish. These methods are subject to the 
environmental effects test regulations developed under the authority of 
the Toxic Substances Control Act (15 U.S.C. 2601 et seq.), as follows:
    (1) The first test, the Daphnid Acute Toxicity Test (conducted in 
accordance with 40 CFR 797.1300), is a guideline for use in developing 
data on the acute toxicity of chemical substances. This guideline 
prescribes an acute toxicity test in which Daphnid exposure to a 
chemical in static and flow-through systems, with the agencies assessing 
the hazard the compound(s) may present to an aquatic environment.
    (2) The second test is the Daphnid Chronic Toxicity Test (conducted 
in accordance with 40 CFR 797.1330). This gathers data on the chronic 
toxicity of chemical substances in which Daphnids (Daphnia spp.) are 
exposed to a chemical in a renewal or flow-through system. The data from 
this test are again used to assess the hazard that the compound(s) may 
present to an aquatic environment.
    (3) A third test, Fish Early Life Stage Toxicity Test (conducted in 
accordance with 40 CFR Section 797.1600), assesses the adverse effects 
of chemical substances to fish in the early stages of their growth and 
development. Data from this test are used to determine the hazard the 
compound(s) may present to an aquatic environment.
    (iii) After the Tier 2 testing, the applicant will report the 
results to the Director. If, after review of the Tier 2 data, the 
Service determines that the information does not establish that the shot 
or shot coating does not impose a significant danger to migratory birds, 
other wildlife, and their habitats, the applicant is advised to proceed 
with the additional testing in Tier 3. A Notice of Review advises the 
public that, in conjunction with Tier 1 data, Tier 2 test results are 
inconclusive and Tier 3 testing is required for continued consideration.
    (iv) If review of the Tier 2 test data results in a preliminary 
determination that the candidate shot or shot coating does not impose a 
significant danger to migratory birds, other wildlife, and their 
habitats, the Director will publish in the Federal Register a proposed 
rule stating the Service's intention to approve this shot and/or coating 
and why Tier 3 testing is unnecessary. The rulemaking will include a 
description of chemical composition of the shot or shot coating, and a 
synopsis of findings under the standards required at Tier 2. If, at the 
end of the comment period, the Service finds no technical or scientific 
basis upon which to deny approval, the candidate shot or shot coating 
approval is published as a final rule in the Federal Register. If, as a 
result of the comment period, the Service determines that the 
information does not establish that the shot and/or shot coating does 
not impose a significant danger to migratory birds, other wildlife, and 
their habitats, Tier 3 testing will be required and a Notice of Review 
published in the Federal Register. If the applicant chooses not to 
proceed, the determination denying approval of the candidate shot or 
shot coating will appear in the Federal Register.

[[Page 472]]

    (4) Tier 3. (i) If the Director determines that the Tier 1 or Tier 2 
information is inconclusive, the Director will notify the applicant to 
submit a Tier 3 testing plan for conducting further testing as outlined 
in paragraphs (b)(4)(i) (A) and (B) of this section. Review, by the 
Director, of the Tier 3 testing plan submitted by the applicant will 
occur within 30 days of receipt. The Director may decline to approve the 
plan, or any part of it, if deficient in any manner with regard to 
timing, format or content. The Director shall apprise the applicant 
regarding what parts, if any, of the submitted testing procedure to 
disregard and any modifications to incorporate into the Tier 3 plan in 
order to gain plan approval. All testing procedures should be in 
compliance with the Good Laboratory Practices Standards (40 CFR part 
160), except where they conflict with the regulations in this section or 
with a provision of an approved plan. The Director, or authorized 
representative, may elect to inspect the applicant's laboratory 
facilities and may decline to approve the plan and further consideration 
of the candidate shot and/or shot coating if the facility is not in 
compliance with the Good Laboratory Practices Standards. After 
acceptance of the plan, Tier 3 testing will commence. Required analyses 
and reports must be sent to the Director. The applicant will ensure that 
copies of all the raw data and statistical analyses accompany the 
laboratory reports and final comprehensive report of this test.
    (A) Chronic toxicity test--Tier 3 (Long-term toxicity test under 
depressed temperature conditions using a nutritionally-deficient diet). 
Conduct a chronic exposure test under adverse conditions that complies 
with the general guidelines described as follows unless otherwise 
provided by the Service:
    (1) Typical test materials: 36 male and 36 female hand-reared 
mallards approximately 6 to 8 months old (Mallards must have plumage and 
body conformation that resembles wild mallards); 72 elevated outdoor 
pens equipped with feeders and waterers; Laboratory equipped to perform 
fluoroscopy, required blood and tissue assays, and necropsies; Whole 
kernel corn; and Lead, steel, and candidate shot or coated shot.
    (2) Typical test procedures. (i) Conduct this test at a location 
where the mean monthly low temperature during December through March is 
between 20 and 40 degrees Fahrenheit (-6.6 and 4.4 degrees centigrade, 
respectively). Assign individual mallards to elevated outdoor pens 
during the first week of December and acclimate to an ad libitum diet of 
whole kernel corn for 2 weeks. Randomly assign birds to 5 groups (lead 
group of 4 males and 4 females, 4 other groups of 8 males and 8 females/
group). Dose the lead group (positive control) with one size No. 4 
pellet of lead shot. Dose one group (8 males and 8 females) with eight 
size No. 4 pellets of steel shot (negative control) and dose the 3 other 
groups (8 males and 8 females/group) with one, four and eight size No. 4 
pellets of candidate shot or coated shot.
    (ii) Weigh and fluoroscope birds weekly. Weigh all recovered shot to 
measure erosion. Determine blood parameters given in the 30-day acute 
toxicity test. Provide body weight and blood parameter measurements on 
samples drawn at 24 hours after dosage and at the end of days 30 and 60. 
At the end of 60 days, sacrifice all survivors. Remove the liver and 
other appropriate organs from sacrificed birds and birds dying prior to 
sacrifice on day 60 for histopathological analysis. Analyze organs for 
lead and other metals potentially contained in the candidate shot or 
shot coating. Necropsy all birds that died prior to sacrifice to 
determine pathological conditions associated with death.
    (3) Typical test analyses. Analyze mortality among the specified 
groups with appropriate chi-square statistical procedures. Any effects 
on the previously mentioned physiological parameters caused by the shot 
or shot coating must be significantly less than those caused by lead 
shot and must not be significantly greater than those caused by steel 
shot. Analyze physiological data and tissue contaminant data by analysis 
of variance or appropriate statistical procedures to include the factors 
of shot type, dose and sex. Compare sacrificed birds and birds that died 
prior to sacrifice whenever sample

[[Page 473]]

sizes are adequate for a meaningful comparison.
    (B) Chronic dosage study--Tier 3 (Moderately long-term study that 
includes reproductive assessment). Conduct chronic exposure reproduction 
trial with the general guidelines described as follows unless otherwise 
provided by the Service:
    (1) Typical test materials: 44 male and 44 female hand-reared first 
year mallards (Mallards must have plumage and body conformation that 
resemble wild mallards); Pens suitable for quarantine and acclimation 
and for reasonably holding 5-10 ducks each; 44 elevated, pens equipped 
with feeders, waterers and nest boxes; Laboratory equipped to perform 
fluoroscopy, required blood and tissue assays, and necropsies; Whole 
kernel corn, and commercial duck maintenance and breeder mash; and Lead, 
steel and candidate shot or coated shot.
    (2) Typical test procedures. (i) Randomly assign mallards to 3 
groups (Lead group = 4 males and 4 females; steel group = 20 males and 
20 females; candidate shot/coated shot group = 20 males and 20 females) 
in December and hold in same-sex groups until mid-January (dates apply 
to outdoor test facility only and will reflect where in the U.S. tests 
are conducted). Tests conducted in the southern U.S. will need to be 
completed in low temperature units. After a 3-week acclimation period 
with ducks receiving commercial maintenance mash, provide birds with an 
ad libitum diet of corn for 60 days and then pair birds (one pair/pen) 
and provide commercial breeder mash. Dosing of the 3 groups with one 
pellet of No. 4 lead shot (positive control); eight pellets of No. 4 
steel shot (negative control); and eight pellets of No. 4 candidate shot 
or coated shot will occur after the acclimation period (day 0) and 
redosed after 30, 60, and 90 days. Few, if any, of the lead-dosed birds 
(positive control) should survive and reproduce.
    (ii) Fluoroscope birds 1 week after dosage to check for shot 
retention. Weigh males and females the day of initial dosing (day 0), at 
each subsequent dosing, and at death. Measure blood parameters 
identified in the 30-Day Acute Toxicity Test in this test using samples 
drawn at time of weighing. Note the date of first egg and the mean 
number of days per egg laid. Conclude laying after 21 normal, uncracked 
eggs are laid or after 150 days. Sacrifice adults after completion of 
laying period. Remove the liver and other appropriate organs from 
sacrificed birds and from other birds that died prior to sacrifice for 
histopathological analysis. Analyze organs and the 11th egg for 
compounds contained in the shot or shot coating. Necropsy all birds to 
determine any pathological conditions. Check nests daily to collect 
eggs. Discard any eggs laid before pairing. Artificially incubate eggs 
and calculate the percent shell thickness, percent eggs cracked, percent 
fertility (as determined by candling), and percent hatch of fertile eggs 
for each female. Provide ducklings with starter mash after hatching. 
Sacrifice all ducklings at 14 days of age. Measure survival to day 14 
and weight of the ducklings at hatching and sacrifice. Measure blood 
parameters identified in the 30-Day Acute Toxicity Test using samples 
drawn at sacrificing.
    (3) Typical test analyses. (i) Any mortality, reproductive 
inhibition or effects on the physiological parameters in paragraph 
(b)(4) by the shot or shot coating must not be significantly greater 
than those caused by steel shot. Percentage data is subject to an 
arcsine, square root transformation prior to statistical analyses. 
Physiological and reproductive data is analyzed by one-tailed t-tests 
(=0.05), or other appropriate statistical procedures by the 
applicant.
    (ii) After conclusion of Tier 3 testing, the applicant must report 
the results to the Director. If after review of the Tier 3 data 
(completion 60 days after receipt of material) the Service determines 
that all of the information gathered and submitted in accordance with 
Tiers 1, 2, and 3, as applicable, does not establish that the shot or 
shot coating does not impose a significant danger to migratory birds, 
other wildlife, and their habitats, the applicant will have the option 
of repeating the tests that the Director deems are inconclusive. If the 
applicant chooses not to repeat the tests, approval of the candidate 
shot or

[[Page 474]]

shot coating is denied. A Notice of Review will inform the public that 
Tier 3 results are inconclusive, the applicant's decision not to repeat 
Tier 3 testing, and the Service's subsequent denial of the shot or shot 
coating.
    (iii) If review of either the initial or repeated Tier 3 test data 
results in a preliminary determination that the shot or shot coating 
does not impose a significant danger to migratory birds, other wildlife 
and their habitats, the Director will publish in the Federal Register a 
proposed rule stating the Service's intention to approve this shot or 
shot coating and providing the public with the opportunity to comment. 
The rulemaking will include a description of the chemical composition of 
the shot or shot coating and a synopsis of findings under the standards 
required by Tier 3. If at the end of the comment period, the Service 
concludes that the shot or shot coating does not impose a significant 
danger to migratory birds, other wildlife, or their habitats, the shot 
or shot coating will be approved as nontoxic with publication of a final 
rule in the Federal Register.
    (5) Residual lead levels. The Service's maximum environmentally 
acceptable level of lead in shot is trace amounts or 1 percent. Any shot 
manufactured with lead levels equal to or exceeding 1 percent are 
considered toxic and, therefore, illegal.
    (6) Field detection device. Before approval of any shot for use in 
migratory game bird hunting, a noninvasive field testing device must be 
available for enforcement officers to determine the shot material in a 
given shell in the field.

(Information collection requirements approved by the Office of 
Management and Budget under control no. 1018-0067)

[51 FR 42100, Nov. 21, 1986, as amended at 62 FR 63611, Dec. 1, 1997]



 Subpart M--Criteria and Schedule for Implementing Nontoxic Shot Zones 
       for the 1987-1988 and Subsequent Waterfowl Hunting Seasons

    Source: 51 FR 42107, Nov. 21, 1986, unless otherwise noted.



Sec. 20.140  Purpose and scope.

    The regulations of this subpart apply to the designation, 
implementation and enforcement of nontoxic shot zones for waterfowl 
hunting in the United States for the 1987-1988 and subsequent hunting 
seasons. The regulations of this subpart do not apply to the issuance of 
regulations under part 21 of this title or under subparts A through J 
and L and N of this part.



Sec. 20.141  Definitions.

    As used in this subpart:
    (a) Nontoxic Shot means any shot-type that does not cause sickness 
and death when ingested by migratory birds as determined by criteria 
established under Sec. 20.134. The only nontoxic shot currently approved 
by the Director, U.S. Fish and Wildlife Service, is steel shot.
    (b) Nontoxic Shot Zones means all land and water areas within the 
boundaries of the United States where the use of nontoxic shot is 
required for waterfowl hunting. A zone may be all or part of a county 
designated and/or established for nontoxic shot use.
    (c) Waterfowl means the Anatidae (ducks, geese [including brant], 
and swans) and coots (Fulica americana).



Sec. 20.142  Applicability.

    This subpart applies to persons of all ages engaged in waterfowl 
hunting in the established nontoxic shot zones and to all of the 
boroughs, counties, or parishes within the separate States, without 
exception. Possession and use of nontoxic shot (including shotshells and 
loose shot for use in muzzleloading), for all legal gauges of shotguns, 
is required for waterfowl hunting in nontoxic shot zones. The Secretary 
of the Interior, acting through the Fish and Wildlife Service, will not 
open a zone to waterfowl hunting where the Fish and Wildlife Service is 
prevented from establishing the zone as a nontoxic shot zone under the 
criteria of this subpart.



Sec. 20.143  Criteria and schedule for conversion to nontoxic shot.

    The criteria and procedures specified below will be followed in the 
conversion nationwide to the use of nontoxic shot for waterfowl hunting. 
As of the

[[Page 475]]

1991-1992 season, nontoxic shot will be required in all waterfowl 
hunting in the United States.
    (a) Beginning in the 1987-1988 water fowl hunting season, 
implementation of nontoxic shot zones is on a decremental basis with 
regard to the intensity of average annual waterfowl harvest per square 
mile of a particular county; the initial harvest level triggering 
monitoring/conversion is 20 or more birds per square mile, decreasing by 
5 birds per square mile each successive waterfowl hunting season until 
the nationwide ban season is reached in 1991-1992. Data on average 
annual waterfowl harvest are from Carney et al. 1983; data on county 
size have been obtained from the U.S. Bureau of the Census. Table I 
illustrates the schedule for conversion to nontoxic shot.

 Table I--Schedule for Monitoring and/or Converting Counties to Nontoxic
                    Shot Zones for Hunting Waterfowl
------------------------------------------------------------------------
                                        Hunting season in which--
                               -----------------------------------------
   Average annual waterfowl                                    Nontoxic
    harvest per mi \2\* (by       Monitoring     Qualifying      shot
            county)              must begin to     areas     required in
                                     defer       converted     deferred
                                implementation                  areas
------------------------------------------------------------------------
20 or more....................        1985-86       1987-88      1991-92
15 or more....................        1986-87       1988-89      1991-92
10 or more....................        1987-88       1989-90      1991-92
5 or more.....................        1988-89       1990-91      1991-92
less than 5...................        1989-90       1991-92      1991-92
------------------------------------------------------------------------
* Average harvest is based on Carney et al. 1983 (Distribution of
  waterfowl species harvested in states and counties during 1971-80
  hunting seasons. U.S. Fish and Wildlife Service Special Scientific
  Report--Wildlife No. 254).

    (b) If States, through monitoring, demonstrate during annual Fish 
and Wildlife Service Regulations Committee meetings that neither of the 
following two decision criteria are met in a county scheduled for 
conversion to a nontoxic shot zone, that conversion can be deferred 
until (but not beyond) the 1991-92 hunting season (monitoring of the 
latter must include a sample of at least 100 birds of waterfowl species 
susceptible to lead poisoning):
    (1) Dead waterfowl; 3 or more individual specimens confirmed as 
lead-poisoned during the monitoring year, nor
    (2) Ingested shot in gizzards; 5 percent or greater of the sample 
have gizzards with 1 or more lead shot, and
    (i) Liver lead; 5 percent or greater of the sample have livers with 
concentrations of lead 2 ppm or higher (wet weight), or
    (ii) Blood lead; 5 percent or greater of the sample have blood with 
concentrations of lead 0.2 ppm or higher (wet weight), or
    (iii) Protoporphyrin; 5 percent or greater of the sample have blood 
with protoporphyrin concentrations of 40 ug/dl or higher.
    (c) Established nontoxic shot zones will not be eligible for 
deferral or rescission from conversion in any manner.
    (d) There is no deferral past the 1991-1992 nationwide conversion 
year. States may elect to forgo monitoring and/or otherwise convert to 
nontoxic shot zones on an accelerated basis, i.e., less than a county, 
countywide or statewide.
    (e) States may accelerate conversion on less than a county basis for 
purposes of completing a biological or enforcement/management unit; 
however, the minimum conversion schedule [set out in the June, 1986, 
Final Supplemental Environmental Statement on the use of lead shot for 
hunting migratory birds in the United States, Appendix N] will be 
adhered to.
    (f) Where a portion, but not all, of a county is included in 
nontoxic shot zones for the 1986-87 or later waterfowl hunting season, 
the remainder of the county will convert in the year that it would 
otherwise be converted on the basis of its total county waterfowl 
harvest density.
    (g) When a county is converted to nontoxic shot status under this 
paragraph, it will be added to the list of nontoxic shot zones contained 
in Sec. 20.108 and all the prohibitions of Sec. 20.21(j) will apply.



Subpart N--Special Procedures for Issuance of Annual Hunting Regulations

    Source: 46 FR 62079, Dec. 22, 1981, unless otherwise noted.



Sec. 20.151  Purpose and scope.

    The rules of this subpart N apply to the issuance of the annual 
regulations establishing seasons, bag limits, and other requirements for 
the seasonal hunting of migratory birds. The rules

[[Page 476]]

of this subpart N do not apply to the issuance of regulations under part 
21 of this title or under subparts A through J and L through M of this 
part 20.



Sec. 20.152  Definitions.

    As used in this subpart N:
    (a) Flyway Council means the Atlantic, Mississippi, Central, or 
Pacific Flyway Council;
    (b) Regulations Committee means the Migratory Bird Regulations 
Committee of the Fish and Wildlife Service; and
    (c) Significant, as used in reference to a communication or other 
form of information or data, means related to the merits of the 
regulation and received, utilized, or transmitted by an official of the 
Department who is or may reasonably be expected to be involved in the 
decisional process on the regulation.



Sec. 20.153  Regulations committee.

    (a) Notice of meetings. Notice of each meeting of the Regulations 
Committee to be attended by any person outside the Department will be 
published in the Federal Register at least two weeks before the meeting. 
The notice will state the time, place, and general subject(s) of the 
meeting, as well as the extent of public involvement.
    (b) Public observation and written comment. Each meeting of the 
Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section will be open to the public for observation 
and the submission of written comments.
    (c) Public participation. Except for the mid-summer meetings held in 
Washington, DC, in conjuction with the public hearing on waterfowl and 
other late season frameworks, the public may participate in any meeting 
of the Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section through the submission of oral statements 
that comply with the rules stated in the notice.
    (d) Minutes of meetings. Minutes will be made of each meeting of the 
Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section.



Sec. 20.154  Flyway Councils.

    (a) Notice of meetings. Notice of each meeting of a Flyway Council 
to be attended by any official of the Department will be published in 
the Federal Register at least two weeks before the meeting or as soon as 
practicable after the Department learns of the meeting. The notice will 
state the time, place, and general subject(s) of the meeting.
    (b) [Reserved]



Sec. 20.155  Public file.

    (a) Establishment. A public file will be established for each 
rulemaking to which this subpart N is applicable.
    (b) Contents. Except for information exempt from disclosure under 5 
U.S.C. 552, a public file established pursuant to paragraph (a) of this 
section will contain:
    (1) The minutes of Regulations Committee meetings made pursuant to 
paragraph (d) of Sec. 20.153;
    (2) Any written comments and other significant written 
communications which occur after the notice of proposed rulemaking;
    (3) Summaries, identifying the source, of any significant oral 
communications which occure after the notice of proposed rulemaking; and
    (4) Copies of or references to any other significant data or 
information.



PART 21--MIGRATORY BIRD PERMITS--Table of Contents




                         Subpart A--Introduction

Sec.
21.1  Purpose of regulations.
21.2  Scope of regulations.
21.3  Definitions.
21.4  Information collection requirements.

             Subpart B--General Requirements and Exceptions

21.11  General permit requirements.
21.12  General exceptions to permit requirements.
21.13  Permit exceptions for captive-reared mallard ducks.
21.14  Permit exceptions for captive-reared migratory waterfowl other 
          than mallard ducks.

                  Subpart C--Specific Permit Provisions

21.21  Import and export permits.
21.22  Banding or marking permits.

[[Page 477]]

21.23  Scientific collecting permits.
21.24  Taxidermist permits.
21.25  Waterfowl sale and disposal permits.
21.26  Special Canada goose permit.
21.27  Special purpose permits.
21.28  Falconry permits.
21.29  Federal falconry standards.
21.30  Raptor propagation permits.

                 Subpart D--Control of Depredating Birds

21.41  Depredation permits.
21.42  Authority to issue depredating orders to permit the killing of 
          migratory game birds.
21.43  Depredation order for blackbirds, cowbirds, grackles, crows and 
          magpies.
21.44  Depredation order for designated species of depredating birds in 
          California.
21.45  Depredation order for depredating purple gallinules in Louisiana.
21.46  Depredation order for depredating scrub jays and Steller's jays 
          in Washington and Oregon.
21.47  Depredation order for double-crested cormorants at aquaculture 
          facilities.

    Authority: Pub. L. 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)).

    Source: 39 FR 1178, Jan. 4, 1974, unless otherwise noted.



                         Subpart A--Introduction



Sec. 21.1  Purpose of regulations.

    The regulations contained in this part supplement the general permit 
regulations of part 13 of this subchapter with respect to permits for 
the taking, possession, transporation, sale, purchase, barter, 
importation, exportation, and banding or marking of migratory birds. 
This part also provides certain exceptions to permit requirements for 
public, scientific, or educational institutions, and establishes 
depredation orders which provide limited exceptions to the Migratory 
Bird Treaty Act (16 U.S.C. 703-712).

[54 FR 38150, Sept. 14, 1989]



Sec. 21.2  Scope of regulations.

    (a) Migratory birds, their parts, nests, or eggs, lawfully acquired 
prior to the effective date of Federal protection under the Migratory 
Bird Treaty Act (16 U.S.C. 703-712) may be possessed or transported 
without a permit, but may not be imported, exported, purchased, sold, 
bartered, or offered for purchase, sale or barter, and all shipments of 
such birds must be marked as provided by part 14 of this subchapter: 
Provide, no exemption from any statute or regulation shall accrue to any 
offspring of such migratory birds.
    (b) This part 21, except for Sec. 21.22 (banding or marking 
permits), does not apply to the bald eagle (Haliaeetus leucocephalus) or 
the golden eagle (Aquila chrysaetos) for which regulations are provided 
in part 22 of this subchapter.
    (c) The provisions of this part are in addition to, and are not in 
lieu of other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife (see 
also part 13).

[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981]



Sec. 21.3  Definitions.

    In addition to definitions contained in part 10 of this chapter, and 
unless the context requires otherwise, as used in this part:
    Bred in captivity or captive-bred refers to raptors, including eggs, 
hatched in captivity from parents that mated or otherwise transferred 
gametes in captivity.
    Captivity means that a live raptor is held in a controlled 
environment that is intensively manipulated by man for the purpose of 
producing raptors of selected species, and that has boundaries designed 
to prevent raptors, eggs or gametes of the selected species from 
entering or leaving the controlled environment. General characteristics 
of captivity may include, but are not limited to, artificial housing, 
waste removal, health care, protection from predators, and artificially 
supplied food.
    Falconry means the sport of taking quarry by means of a trained 
raptor.
    Raptor means a live migratory bird of the Order Falconiformes or the 
Order Strigiformes, other than a bald eagle (Haliaeetus leucocephalus) 
or a golden eagle (Aquila chrysaetos).
    Resident Canada geese means Canada geese that nest within the 
conterminous United States and/or Canada geese which reside within the 
conterminous United States during the months of June, July, or August.

[[Page 478]]

    Service or we means the U.S. Fish and Wildlife Service, Department 
of the Interior.

[48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999]



Sec. 21.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 21 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0022. The Service may not conduct 
or sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and make decisions, according to criteria 
established in the Migratory Bird Treaty Act, 16 U.S.C. 703-712 and its 
regulations, on the issuance, suspension, revocation, or denial of 
permits. You must respond to obtain or retain a permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 15 minutes to 4 hours per response, with an 
average of 0.803 hours per response, including time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the forms. Direct comments regarding the burden estimate or 
any other aspect of these reporting requirements to the Service 
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]



             Subpart B--General Requirements and Exceptions



Sec. 21.11  General permit requirements.

    No person shall take, possess, import, export, transport, sell, 
purchase, barter, or offer for sale, purchase or barter, any migratory 
bird, or the parts, nests, or eggs of such bird except as may be 
permitted under the terms of a valid permit issued pursuant to the 
provisions of this part and part 13, or as permitted by regulations in 
this part or part 20 (the hunting regulations).

[54 FR 38151, Sept. 14, 1989]



Sec. 21.12  General exceptions to permit requirements.

    The following exceptions to the permit requirement are allowed.
    (a) Employees of the Department of the Interior authorized to 
enforce the provisions of the Migratory Bird Treaty Act of July 3, 1918, 
as amended (40 Stat. 755; 16 U.S.C. 703-711), may, without a permit, 
take or otherwise acquire, hold in custody, transport, and dispose of 
migratory birds or their parts, nests, or eggs as necessary in 
performing their official duties.
    (b) State game departments, municipal game farms or parks, and 
public museums, public zoological parks, accredited institutional 
members of the American Association of Zoological Parks and Aquariums 
(AAZPA) and public scientific or educational institutions may acquire by 
gift or purchase, possess, transport, and by gift or sale dispose of 
lawfully acquired migratory birds or their progeny, parts, nests, or 
eggs without a permit: Provided, That such birds may be acquired only 
from persons authorized by this paragraph or by a permit issued pursuant 
to this part to possess and dispose of such birds, or from Federal or 
State game authorities by the gift of seized, condemned, r sick or 
injured birds. Any such birds, acquired without a permit, and any 
progeny therefrom may be disposed of only to persons authorized by this 
paragraph to acquire such birds without a permit. Any person exercising 
a privilege granted by this paragraph must keep accurate records of such 
operations showing the species and number of birds acquired, possessed, 
and disposed of; the names and addresses of the persons from whom such 
birds were acquired or to whom such birds were donated or sold; and the 
dates of such transactions. Records shall be maintained or reproducible 
in English on a calendar year basis and shall be retained for a period 
of five (5)

[[Page 479]]

years following the end of the calendar year covered by the records.

[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 
38151, Sept. 14, 1989]



Sec. 21.13  Permit exceptions for captive-reared mallard ducks.

    Captive-reared and properly marked mallard ducks, alive or dead, or 
their eggs may be acquired, possessed, sold, traded, donated, 
transported, and disposed of by any person without a permit, subject to 
the following conditions, restrictions, and requirements:
    (a) Nothing in this section shall be construed to permit the taking 
of live mallard ducks or their eggs from the wild.
    (b) All mallard ducks possessed in captivity, without a permit, 
shall have been physically marked by at least one of the following 
methods prior to 6 weeks of age and all such ducks hatched, reared, and 
retained in captivity thereafter shall be so marked prior to reaching 6 
weeks of age.
    (1) Removal of the hind toe from the right foot.
    (2) Pinioning of a wing: Provided, That this method shall be the 
removal of the metacarpal bones of one wing or a portion of the 
metacarpal bones which renders the bird permanently incapable of flight.
    (3) Banding of one metatarsus with a seamless metal band.
    (4) Tattooing of a readily discernible number or letter or 
combination thereof on the web of one foot.
    (c) When so marked, such live birds may be disposed of to, or 
acquired from, any person and possessed and transferred in any number at 
any time or place: Provided, That all such birds shall be physically 
marked prior to sale or disposal regardless of whether or not they have 
attained 6 weeks of age.
    (d) When so marked, such live birds may be killed, in any number, at 
any time or place, by any means except shooting. Such birds may be 
killed by shooting only in accordance with all applicable hunting 
regulations governing the taking of mallard ducks from the wild: 
Provided, That such birds may be killed by shooting, in any number, at 
any time, within the confines of any premises operated as a shooting 
preserve under State license, permit, or authorization; or they may be 
shot, in any number, at any time or place, by any person for bona fide 
dog training or field trial purposes: Provided further, That the 
provisions:
    (1) The hunting regulations (part 20 of this subchapter), with the 
exception of Sec. 20.108 (Nontoxic shot zones), and
    (2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) 
shall not apply to shooting preserve operations as provided for in this 
paragraph, or to bona fide dog training or field trial operations.
    (e) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass: Provided, That persons, who operate 
game farms or shooting preserves under a State license, permit, or 
authorization for such activities, may remove the marked foot or wing 
when either the number of his State license, permit, or authorization 
has first been legibly stamped in ink on the back of each carcass and on 
the container in which each carcass is maintained, or each carcass is 
identified by a State band on leg or wing pursuant to requirements of 
his State license, permit, or authorization. When properly marked, such 
carcasses may be disposed of to, or acquired from, any person and 
possessed and transported in any number at any time or place.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 
FR 36798, Sept. 5, 1989]



Sec. 21.14  Permit exceptions for captive-reared migratory waterfowl other than mallard ducks.

    Any person may, without a permit, lawfully acquire captive-reared 
and properly marked migratory waterfowl of all species other than 
mallard ducks, alive or dead, or their eggs, and possess and transport 
such birds or eggs and any progeny or eggs therefrom solely for his own 
use subject to the following conditions and restrictions:
    (a) Such birds, alive or dead, or their eggs may be lawfully 
acquired only from holders of valid waterfowl sale and disposal permits, 
unless lawfully

[[Page 480]]

acquired outside of the United States, except that properly marked 
carcasses of such birds may also be lawfully acquired as provided under 
paragraph (c) of this section.
    (b) All progeny of such birds or eggs hatched, reared, and retained 
in captivity must be physically marked as defined in Sec. 21.13(b).
    (c) No such birds or eggs or any progeny or eggs thereof may be 
disposed of by any means, alive or dead, to any other person unless a 
waterfowl sale and disposal permit has first been secured authorizing 
such disposal: Provided, That bona fide clubs, hotels, restaurants, 
boarding houses, and dealers in meat and game may serve or sell to their 
customers the carcass of any such birds which they have acquired from 
the holder of a valid waterfowl sale and disposal permit.
    (d) Lawfully possessed and properly marked birds may be killed, in 
any number, at any time or place, by any means except shooting. Such 
birds may be killed by shooting only in accordance with all applicable 
hunting regulations governing the taking of like species from the wild. 
(See part 20 of this subchapter.)
    (e) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass, unless such carcasses were marked as 
provided in Sec. 21.25(c)(4) and the foot or wing removed prior to 
acquisition.
    (f) When any such birds, alive or dead, or their eggs are acquired 
from a waterfowl sale and disposal permittee, the permittee shall 
furnish a copy of Form 3-186, Notice of Waterfowl Sale or Transfer, 
indicating all information required by the form and the method or 
methods by which individual birds are marked as required by 
Sec. 21.25(c)(2). The buyer shall retain the Form 3-186 on file for the 
duration of his possession of such birds or eggs or progeny or eggs 
thereof.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981]



                  Subpart C--Specific Permit Provisions



Sec. 21.21  Import and export permits.

    (a) Permit requirement. (1) Except for migratory game birds imported 
in accordance with the provisions of subpart G of part 20 of this 
subchapter B, an import permit is required before any migratory birds, 
their parts, nests, or eggs may be imported.
    (2) An export permit is required before any migratory birds, their 
parts, nests, or eggs may be exported: Provided, that captive-reared 
migratory game birds that are marked in compliance with the provisions 
of Sec. 21.13(b) may be exported to Canada or Mexico without a permit. 
Provided further, that raptors lawfully possessed under a falconry 
permit issued pursuant to Sec. 21.28 of this part may be exported to or 
imported from Canada or Mexico without a permit for the purposes of 
attending bona fide falconry meets, as long as the person importing or 
exporting the birds returns the same bird(s) to the country of export 
following any such meet. Nothing in this paragraph, however, exempts any 
person from the permit requirements of parts 17, 22, and 23 of this 
subchapter.
    (b) Application procedures. Applications for permits to import or 
export migratory birds shall be submitted to the appropriate issuing 
office (see Secs. 10.22 and 13.11(b) of this subchapter). Each such 
application must contain the general information and certification 
required by Sec. 13.12(a)(5) of this subchapter plus the following 
additional information:
    (1) Whether importation or exportation is requested;
    (2) The species and numbers of migratory birds or their parts, 
nests, or eggs to be imported or exported;
    (3) The name and address of the person from whom such birds are 
being imported or to whom they are being exported;
    (4) The purpose of the importation or exportation;
    (5) The estimated date of arrival or departure of the shipment(s), 
and the port of entry or exit through which the shipment will be 
imported or exported; and

[[Page 481]]

    (6) Federal and State permit numbers and type of permits authorizing 
possession, acquisition, or disposition of such birds, their parts, 
nests, or eggs where such a permit is required.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, import and export 
permits shall be subject to any requirements set forth in the permit.
    (d) Term of permit. An import or export permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[54 FR 38151, Sept. 14, 1989]



Sec. 21.22  Banding or marking permits.

    (a) Permit requirement. A banding or marking permit is required 
before any person may capture migratory birds for banding or marking 
purposes or use official bands issued by the Service for banding or 
marking any migratory bird.
    (b) Application procedures. Applications for banding or marking 
permits shall be submitted by letter of application addressed to the 
Bird Banding Laboratory, Office of Migratory Bird Management, U.S. Fish 
and Wildlife Service, Laurel, Maryland 20708. Each such application 
shall contain the general information and certification set forth by 
Sec. 13.12(a) of this subchapter plus the following additional 
information:
    (1) Species and numbers proposed to be banded or marked;
    (2) Purpose of banding or marking;
    (3) State or States in which authorization is requested; and
    (4) Name and address of the public, scientific, or educational 
institution to which any specimens will be donated that are salvaged 
pursuant to paragraphs (c) (3) and (4) of this section.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, banding or marking 
permits shall be subject to the following conditions:
    (1) The banding of migratory birds shall only be by official 
numbered leg bands issued by the Service. The use of any other band, 
clip, dye, or other method of marking is prohibited unless specifically 
authorized in the permit.
    (2) All traps or nets used to capture migratory birds for banding or 
marking purposes shall have attached thereto a tag or label clearly 
showing the name and address of the permittee and his permit number, or 
the area in which such traps or nets are located must be posted with 
notice of banding operations posters (Form 3-1155, available upon 
request from the Bird Banding Laboratory, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Laurel, Md. 20708) which 
shall bear the name and address of the permittee and the number of his 
permit.
    (3) The holder of a banding or marking permit may salvage, for the 
purpose of donating to a public scientific or educational institution, 
birds killed or found dead as a result of the permittee's normal banding 
operations, and casualties from other causes. All dead birds salvaged 
under authority of a migratory bird banding or marking permit must be 
donated and transferred to a public scientific or educational 
institution at least every 6 months or within 60 days of the time such 
permit expires or is revoked, unless the permittee has been issued a 
special permit authorizing possession for a longer period of time.
    (4) Permittees must keep accurate records of their operations and 
file reports as set forth in the North American Bird Banding Manual, or 
supplements thereto, in accordance with instructions contained therein.
    (d) Term of permit. A banding or marking permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]



Sec. 21.23  Scientific collecting permits.

    (a) Permit requirement. A scientific collecting permit is required 
before any person may take, transport, or possess migratory birds, their 
parts, nests, or eggs for scientific research or educational purposes.

[[Page 482]]

    (b) Application procedures. Submit applications for scientific 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) Species and numbers of migratory birds or their parts, nests, or 
eggs to be taken or acquired when it is possible to determine same in 
advance;
    (2) Location or locations where such scientific collecting is 
proposed;
    (3) Statement of the purpose and justification for granting such a 
permit, including an outline of any research project involved;
    (4) Name and address of the public, scientific, or educational 
institution to which all specimens ultimately will be donated; and
    (5) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, scientific 
collecting permits shall be subject to the following conditions:
    (1) All specimens taken and possessed under authority of a 
scientific collecting permit must be donated and transferred to the 
public scientific, or educational institution designated in the permit 
application within 60 days following the date such permit expires or is 
revoked, unless the permittee has been issued a special purpose permit 
(See Sec. 21.27) authorizing possession for a longer period of time.
    (2) Unless otherwise provided on the permit, all migratory game 
birds taken pursuant to a scientific collecting permit during the open 
hunting season for such birds must be in conformance with part 20 of 
this subchapter;
    (3) Unless specifically stated on the permit, a scientific 
collecting permit does not authorize the taking of live migratory birds 
from the wild.
    (4) In addition to any reporting requirement set forth in the 
permit, a report of the scientific collecting activities conducted under 
authority of such permit shall be submitted to the issuing officer on or 
before January 10 of each calendar year following the year of issue 
unless a different date is stated in the permit.
    (d) Term of permit. A scientific collecting permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.24  Taxidermist permits.

    (a) Permit requirement. A taxidermist permit is required before any 
person may perform taxidermy services on migratory birds or their parts, 
nests, or eggs for any person other than himself.
    (b) Application procedures. Submit application for taxidermist 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) The address of premises where taxidermist services will be 
provided;
    (2) A statement of the applicant's qualifications and experience as 
a taxidermist; and
    (3) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Permit authorizations. A permit authorizes a taxidermist to:
    (1) Receive, transport, hold in custody or possession, mount or 
otherwise prepare, migratory birds, and their parts, nests, or eggs, and 
return them to another.
    (2) Sell properly marked, captive reared migratory waterfowl which 
he has lawfully acquired and mounted. Such mounted birds may be placed 
on consignment for sale and may be possessed by such consignee for the 
purpose of sale.
    (d) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter

[[Page 483]]

B, taxidermist permits shall be subject to the following conditions:
    (1) Permittees must keep accurate records of operations, on a 
calendar year basis, showing the names and addresses of persons from and 
to whom migratory birds or their parts, nests, or eggs were received or 
delivered, the number and species of such, and the dates of receipt and 
delivery. In addition to the other records required by this paragraph, 
the permittee must maintain in his files, the original of the completed 
Form 3-186, Notice of Waterfowl Sale or Transfer, confirming his 
acquisition of captive reared, properly marked migratory waterfowl from 
the holder of a current waterfowl sale and disposal permit.
    (2) Notwithstanding the provisions of paragraph (c) of this section, 
the receipt, possession, and storage by a taxidermist of any migratory 
game birds taken by another by hunting is not authorized unless they are 
tagged as required by Sec. 20.36 of this subchapter. The required tags 
may be removed during the taxidermy operations but must be retained by 
the taxidermist with the other records required to be kept and must be 
reattached to the mounted specimen after mounting. The tag must then 
remain attached until the mounted specimen is delivered to the owner.
    (e) Term of permit. A taxidermist permit issued or renewed under 
this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.25  Waterfowl sale and disposal permits.

    (a) Permit requirement. A waterfowl sale and disposal permit is 
required before any person may lawfully sell, trade, donate, or 
otherwise dispose of, to another person, any species of captive-reared 
and properly marked migratory waterfowl or their eggs, except that such 
a permit is not required for such sales or disposals of captive-reared 
and properly marked mallard ducks or their eggs.
    (b) Application procedures. Submit application for waterfowl sale 
and disposal permits to the appropriate Regional Director (Attention: 
Migratory bird permit office). You can find addresses for the Regional 
Directors in 50 CFR 2.2. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and the following additional information:
    (1) A description of the area where waterfowl are to be kept;
    (2) Species and numbers of waterfowl now in possession and a 
statement showing from whom these were obtained;
    (3) A statement indicating the method by which individual birds are 
marked as required by the provisions of this part 21; and
    (4) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, waterfowl sale and 
disposal permits shall be subject to the following conditions:
    (1) Permittees may not take migratory waterfowl or their eggs from 
the wild, and may not acquire such birds or their eggs from any person 
not authorized by a valid permit issued pursuant to this part to dispose 
of such birds or their eggs.
    (2) All live migratory waterfowl possessed in captivity under 
authority of a valid waterfowl sale and disposal permit shall have been, 
prior to 6 weeks of age, physically marked as defined in Sec. 21.13(b). 
All offspring of such birds hatched, reared, and retained in captivity 
shall be so marked prior to attaining 6 weeks of age. The preceding does 
not apply to captive adult geese, swans, and brant which were marked 
previous to March 1, 1967, by a ``V'' notch in the web of one foot, nor 
to such birds held in captivity at public zoological parks, and public 
scientific or educational institutions.
    (3) Such properly marked birds may be killed, in any number, at any 
time or place, by any means except shooting. Such birds may be killed by 
shooting only in accordance with all the applicable hunting regulations 
governing

[[Page 484]]

the taking of like species from the wild.
    (4) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass: Provided, That permittees who are also 
authorized to sell game under a State license, permit or authorization 
may remove the marked foot or wing from the raw carcasses if the number 
of his State license, permit, or authorization has first been legibly 
stamped in ink on the back of each carcass and on the wrapping or 
container in which each carcass is maintained, or each carcass is 
identified by a State band on leg or wing pursuant to requirements of 
his State license, permit, or authorization.
    (5) Such properly marked birds, alive or dead, or their eggs may be 
disposed of in any number, at any time or place, to any person: 
Provided, That all such birds shall be physically marked prior to sale 
or disposal regardless of whether or not they have attained 6 weeks of 
age: And provided further, That on each date that any such birds or 
their eggs, are transferred to another person, the permittee must 
complete a Form 3-186, Notice of Waterfowl Sale or Transfer, indicating 
all information required by the form and the method or methods by which 
individual birds are marked as required by Sec. 21.25(c)(2). (Service 
will provide supplies of form.) The permittee will furnish the original 
of completed Form 3-186 to the person acquiring the birds or eggs; 
retain one copy in his files as a record of his operations: attach one 
copy to the shipping container for the birds or eggs, or include the 
copy in shipping documents which accompany the shipment; and, on or 
before the last day of each month, mail two copies of each form 
completed during that month to the office of the Fish and Wildlife 
Service which issued his permit.
    (6) Permittees shall submit an annual report within 10 days 
following the 31st day of December of each calendar year to the office 
of the Fish and Wildlife Service which issued the permit. The 
information provided shall give the total number of waterfowl by species 
in possession on that date and the method or methods by which individual 
birds are marked as required by the provisions of this part 21.
    (d) Term of permit. A waterfowl sale and disposal permit issued or 
renewed under this part expires on the date designated on the face of 
the permit unless amended or revoked, but the term of the permit shall 
not exceed three (3) years from the date of issuance or renewal.

[40 FR 28460, July 7, 1975, as amended at 54 FR 38151, Sept. 14, 1989; 
63 FR 52637, Oct. 1, 1998]



Sec. 21.26  Special Canada goose permit.

    (a) What is the special Canada goose permit and what is its purpose? 
The special Canada goose permit is a permit issued by us to a State 
wildlife agency authorizing certain resident Canada goose management and 
control activities that are normally prohibited. We will only issue such 
a permit when it will contribute to human health and safety, protect 
personal property, or allow resolution or prevention of injury to people 
or property. The management and control activities conducted under the 
permit are intended to relieve or prevent injurious situations only. No 
person should construe the permit as opening, reopening, or extending 
any hunting season contrary to any regulations established under Section 
3 of the Migratory Bird Treaty Act.
    (b) Who may receive a permit? Only State wildlife agencies (State) 
are eligible to receive a permit to undertake the various goose 
management and control activities. Additionally, only employees or 
designated agents of a permitted State wildlife agency may undertake 
activities for injurious resident Canada geese in accordance with the 
conditions specified in the permit, conditions contained in 50 CFR part 
13, and conditions specified in paragraph (d) of this section.
    (c) How does a State apply for a permit? Any State wildlife agency 
wishing to obtain a permit must submit an application to the appropriate 
Regional Director (see Sec. 13.11(b) of this subchapter) containing the 
general information and certification required by Sec. 13.12(a) of

[[Page 485]]

this subchapter plus the following information:
    (1) A detailed statement showing that the goose management and 
control activities will either provide for human health and safety, 
protect personal property, or allow resolution of other injury to people 
or property;
    (2) An estimate of the size of the resident Canada goose breeding 
population in the State;
    (3) The requested annual take of resident Canada geese, including 
eggs and nests;
    (4) A statement indicating that the State will inform and brief all 
employees and designated agents of the requirements of these regulations 
and permit conditions.
    (d) What are the conditions of the permit? The special Canada goose 
permits are subject to the general conditions in 50 CFR part 13, the 
conditions elsewhere in this section, and, unless otherwise specifically 
authorized on the permit, the conditions outlined below:
    (1) What are the limitations on management and control activities? 
(i) Take of resident Canada geese as a management tool under this 
section may not exceed the number authorized by the permit. States 
should utilize non-lethal goose management tools to the extent they deem 
appropriate in an effort to minimize lethal take.
    (ii) Methods of take for the control of injurious resident Canada 
geese are at the State's discretion. Methods include, but are not 
limited to, firearms, alpha-chloralose, traps, egg and nest manipulation 
and other damage control techniques consistent with accepted wildlife 
damage-management programs.
    (2) When may a State conduct management and control activities? 
States and their employees and agents may conduct management and control 
activities, including the take of resident Canada geese, under this 
section between March 11 and August 31. In California, Oregon and 
Washington, in areas where the threatened Aleutian Canada goose (B. c. 
leucoperia) has been present during the previous 10 years, lethal 
control activities are restricted to May 1 through August 31, inclusive.
    (3) How must the States dispose or utilize geese taken under this 
permit? States and their employees and agents may possess, transport, 
and otherwise dispose of Canada geese taken under this section. States 
must utilize such birds by donation to public museums or public 
institutions for scientific or educational purposes, by processing them 
for human consumption and distributing them free of charge to charitable 
organizations, or by burying or incinerating them. States, their 
employees, and designated agents may not sell, offer for sale, barter, 
or ship for the purpose of sale or barter any Canada geese taken under 
this section, nor their plumage or eggs.
    (4) How does the permit relate to existing State law? No person 
conducting management and control activities under this section should 
construe the permit to authorize the killing of injurious resident 
Canada geese contrary to any State law or regulation, nor on any Federal 
land without specific authorization by the responsible management 
agency. No person may exercise the privileges granted under this section 
unless they possess any permits required for such activities by any 
State or Federal land manager.
    (5) When conducting management and control activities, are there any 
special inspection requirements? Any State employee or designated agent 
authorized to carry out management and control activities must have a 
copy of the permit and designation in their possession when carrying out 
any activities. The State must also require the property owner or 
occupant on whose premises the State is conducting activities to allow, 
at all reasonable times, including during actual operations, free and 
unrestricted access to any Service special agent or refuge officer, 
State wildlife or deputy wildlife agent, warden, protector, or other 
wildlife law enforcement officer (wildlife officer) on the premises 
where they are, or were, conducting activities. Furthermore, any State 
employee or designated agent conducting such activities must promptly 
furnish whatever information is required concerning such activities to 
any such wildlife officer.
    (6) What are the reporting requirements of the permit? Any State 
employee or designated agent exercising the privileges granted by this 
section must keep

[[Page 486]]

records of all activities carried out under the authority of this 
permit, including the number of Canada geese killed and their 
disposition. The State must submit an annual report detailing 
activities, including the time, numbers and location of birds, eggs, and 
nests taken and non-lethal techniques utilized, before December 31 of 
each year. The State should submit the annual report to the appropriate 
Assistant Regional Director--Refuges and Wildlife (see Sec. 10.22 of 
this subchapter).
    (7) What are the limitations of the special permit? The following 
limitations apply:
    (i) Nothing in this section applies to any Federal land within a 
State's boundaries without written permission of the Federal Agency with 
jurisdiction.
    (ii) States may not undertake any actions under any permit issued 
under this section if the activities adversely affect other migratory 
birds or species designated as endangered or threatened under the 
authority of the Endangered Species Act.
    (iii) We will only issue permits to State wildlife agencies in the 
conterminous United States.
    (iv) States may designate agents who must operate under the 
conditions of the permit.
    (v) How long is the special permit valid? A special Canada goose 
permit issued or renewed under this section expires on the date 
designated on the face of the permit unless it is amended or revoked or 
such time that we determine that the State's population of resident 
Canada geese no longer poses a threat to human health or safety, 
personal property, or injury to other interests. In all cases, the term 
of the permit may not exceed five (5) years from the date of issuance or 
renewal.
    (vi) Can we revoke the special permit? We reserve the right to 
suspend or revoke any permit, as specified in Secs. 13.27 and 13.28 of 
this subchapter.
    (e) What are the OMB information collection requirements of the 
permit program? OMB has approved the information collection requirements 
of the permit and assigned clearance number 1018-0099. Federal agencies 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number. We will use the information collection requirements to 
administer this program and in the issuance and monitoring of these 
special permits. We will require the information from State wildlife 
agencies responsible for migratory bird management in order to obtain a 
special Canada goose permit, and to determine if the applicant meets all 
the permit issuance criteria, and to protect migratory birds. We 
estimate the public reporting burden for this collection of information 
to average 8 hours per response for 45 respondents (States), including 
the time for reviewing instructions, gathering and maintaining data 
needed, and completing and reviewing the collection of information. 
Thus, we estimate the total annual reporting and record-keeping for this 
collection to be 360 hours. States may send comments regarding this 
burden estimate or any other aspect of this collection of information, 
including suggestions for reducing the burden, to the Service 
Information Collection Clearance Officer, Fish and Wildlife Service, ms 
224-ARLSQ, 1849 C Street N.W., Washington, DC 20240, or the Office of 
Management and Budget, Paperwork Reduction Project 1018-0099, 
Washington, DC 20503.

[64 FR 32774, June 17, 1999]



Sec. 21.27  Special purpose permits.

    Permits may be issued for special purpose activities related to 
migratory birds, their parts, nests, or eggs, which are otherwise 
outside the scope of the standard form permits of this part. A special 
purpose permit for migratory bird related activities not otherwise 
provided for in this part may be issued to an applicant who submits a 
written application containing the general information and certification 
required by part 13 and makes a sufficient showing of benefit to the 
migratory bird resource, important research reasons, reasons of human 
concern for individual birds, or other compelling justification.
    (a) Permit requirement. A special purpose permit is required before 
any person may lawfully take, salvage, otherwise acquire, transport, or 
possess migratory birds, their parts, nests, or

[[Page 487]]

eggs for any purpose not covered by the standard form permits of this 
part. In addition, a special purpose permit is required before any 
person may sell, purchase, or barter captive-bred, migratory game birds, 
other than waterfowl, that are marked in compliance with Sec. 21.13(b) 
of this part.
    (b) Application procedures. Submit application for special purpose 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) A detailed statement describing the project or activity which 
requires issuance of a permit, purpose of such project or activity, and 
a delineation of the area in which it will be conducted. (Copies of 
supporting documents, research proposals, and any necessary State 
permits should accompany the application);
    (2) Numbers and species of migratory birds involved where same can 
reasonably be determined in advance; and
    (3) Statement of disposition which will be made of migratory birds 
involved in the permit activity.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, special purpose 
permits shall be subject to the following conditions:
    (1) Permittees shall maintain adequate records describing the 
conduct of the permitted activity, the numbers and species of migratory 
birds acquired and disposed of under the permit, and inventorying and 
identifying all migratory birds held on December 31 of each calendar 
year. Records shall be maintained at the address listed on the permit; 
shall be in, or reproducible in English; and shall be available for 
inspection by Service personnel during regular business hours. A 
permittee may be required by the conditions of the permit to file with 
the issuing office an annual report of operation. Annual reports, if 
required, shall be filed no later than January 31 of the calendar year 
followng the year for which the report is required. Reports, if 
required, shall describe permitted activities, numbers and species of 
migratory birds acquired and disposed of, and shall inventory and 
describe all migratory birds possessed under the special purpose permit 
on December 31 of the reporting year.
    (2) Permittees shall make such other reports as may be requested by 
the issuing officer.
    (3) All live, captive-bred, migratory game birds possessed under 
authority of a valid special purpose permit shall be physically marked 
as defined in Sec. 21.13(b) of this part.
    (4) No captive-bred migratory game bird may be sold or bartered 
unless marked in accordance with Sec. 21.13(b) of this part.
    (5) No permittee may take, purchase, receive or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any captive-bred 
migratory game bird unless such permittee submits a Service form 3-186A 
(Migratory Bird Acquisition/Disposition Report), completed in accordance 
with the instructions on the form, to the issuing office within five (5) 
days of such transaction.
    (6) No permittee, who is authorized to sell or barter migratory game 
birds pursuant to a permit issued under this section, may sell or barter 
such birds to any person unless that person is authorized to purchase 
and possess such migratory game birds under a permit issued pursuant to 
this part and part 13, or as permitted by regulations in this part.
    (d) Term of permit. A special purpose permit issued or renewed under 
this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.28  Falconry permits.

    (a) Permit requirements. A falconry permit is required before any 
person may take, possess, transport, sell, purchase, barter, offer to 
sell, purchase, or barter raptors for falconry purposes.
    (b) Application procedures. (1) An applicant who wishes to practice 
falconry in a State listed in Sec. 21.29(k) of this part and which has 
been designated as a participant in a cooperative Federal/

[[Page 488]]

State permit application program may submit an application for a 
falconry permit to the appropriate agency of that State. Each such 
application must incorporate a completed official form approved by the 
Service and must include in addition to the general information required 
by part 13 of this subchapter all of the following:
    (i) The number of raptors the applicant possesses at the time the 
application is submitted, including the species, age (if known), sex (if 
known), date of acquisition, and source of each;
    (ii) A check or money order made payable to ``U.S. Fish and Wildlife 
Service'' in the amount of the application fee listed in Sec. 13.11(d) 
of this subchapter.
    (iii) An original, signed certification concerning the validity of 
the information provided in the application in the form set forth in 
Sec. 13.12(a)(5).
    (iv) Any additional information requested by the State to which the 
application is submitted.
    (2) Upon receipt of a joint application by a State listed in 
Sec. 21.29(k) as a participant in a cooperative Federal/State permit 
application program, the State will process the application for a State 
falconry permit in accordance with its own procedures. A copy of the 
application, the check or money order for Federal permit fees, and the 
original, signed certification required by paragraph (b)(1)(iii) of this 
section will be forwarded to the issuing office of the Service 
designated by Sec. 13.11(b) of this subchapter. If the State decides to 
issue a falconry permit based upon the application, a copy of the permit 
will also be forwarded to the appropriate issuing office of the Service.
    (3) An applicant who wishes to practice falconry in a State listed 
in Sec. 21.29(k) of this subchapter, but which does not participate in a 
cooperative Federal/State permit application program must submit a 
written application for a falconry permit to the issuing office 
designated by Sec. 13.11(b) of this subchapter. Each application must 
contain the general information and certification required by 
Sec. 13.12(a) of this subchapter plus a copy of a valid State falconry 
permit issued to the applicant by a State listed in Sec. 21.19(k) of 
this subchapter.
    (c) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (b) of this section that meets all 
requirements of this part, the Director will issue a permit. In addition 
to meeting the general criteria in Sec. 13.21(b), the applicant must 
have a valid State falconry permit issued by a State listed in 
Sec. 21.29(k) of this subchapter.
    (d) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) A permittee may not take, transport, or possess a golden eagle 
(Aquila chrysaetos) unless authorized in writing under Sec. 22.24 of 
this subchapter.
    (2) A permit issued under this section is not valid unless the 
permittee has a valid State falconry permit issued by a State listed in 
Sec. 21.29(k) of this subchapter.
    (3) A permittee may not take, possess, transport, sell, purchase, 
barter, or transfer any raptor for falconry purposes except under 
authority of a Federal falconry permit issued under this section and in 
compliance with the Federal falconry standards set forth in Sec. 21.29 
of this subchapter.
    (4) No permittee may take, purchase, receive, or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any raptor unless such 
permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition 
Report), completed in accordance with the instructions on the form, to 
the issuing office within five (5) calendar days of any such 
transaction.
    (5) No raptor may be possessed under authority of a falconry permit 
unless the permittee has a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) for each bird possessed, except as 
provided in paragraph (d)(4) of this section.
    (6) A raptor possessed under authority of a falconry permit may be 
temporarily held by a person other than the permittee for maintenance 
and care for a period not to exceed thirty (30) days. The raptor must be 
accompanied at all times by a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) designating the person caring for 
the raptor as the possessor

[[Page 489]]

of record and by a signed, dated statement from the permittee 
authorizing the temporary possession.
    (7) A permittee may not take, possess, or transport any peregrine 
falcon (Falco peregrinus), gyrfalcon (Falco rusticolus), or Harris hawk 
(Parabuteo unicinctus) unless such bird is banded either by a seamless 
numbered band provided by the Service or by a permanent, non-reusable 
band provided by the Service.
    (i) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus) taken from the wild 
must be reported to the issuing office within five (5) days of taking 
and must be banded with a permanent, non-reusable band provided by the 
Service. No raptor removed from the wild may be banded with a seamless 
numbered band.
    (ii) The loss or removal of any band must be reported to the issuing 
office within five (5) working days of the loss. The lost band must be 
replaced by a permanent, non-reusable band supplied by the Service. A 
form 3-186A (Migratory Bird Acquisition/Disposition Report) must be 
filed in accordance with paragraph (d)(4) of this section reporting the 
loss of the band and rebanding.
    (8) A permittee may not sell, purchase, barter, or offer to sell, 
purchase or barter any raptor unless the raptor is marked on the 
metatarsus by a seamless, numbered band supplied by the Service.
    (9) A permittee may not propagate raptors without prior acquisition 
of a valid raptor propagation permit issued under section 21.30 of this 
subchapter.
    (e) Term of permit. A falconry permit issued or renewed under this 
part expires on the date designated on the face of the permit unless 
amended or revoked, but the term of the permit shall not exceed three 
(3) years from the date of issuance or renewal.

[54 FR 38152, Sept. 14, 1989]



Sec. 21.29  Federal falconry standards.

    (a) Before you can practice falconry in any State. You cannot take, 
possess, transport, sell, purchase, barter, or offer to sell, purchase, 
or barter any raptor for falconry purposes, in any State unless the 
State allows the practice of falconry, and the State has submitted 
copies of its laws and regulations governing the practice of falconry to 
us (Director), and we have determined that they meet or exceed the 
Federal falconry standards established in this section. If you are a 
Federal falconry permittee, you can possess and transport for falconry 
purposes a lawfully possessed raptor through States that do not allow 
falconry or meet Federal falconry standards so long as the raptors 
remain in transit in interstate commerce. The States that are in 
compliance with Federal falconry standards are listed in paragraph (k) 
of this section.
    (b) More restrictive State laws. Nothing in this section shall be 
construed to prevent a State from making and enforcing laws or 
regulations not inconsistent with the standards contained in any 
convention between the United States and any foreign country for the 
protection of raptors or with the Migratory Bird Treaty Act, and which 
shall give further protection to raptors.
    (c) What is the process for Federal approval of a State program? Any 
State that wishes to allow the practice of falconry must submit to the 
Director of the Service a copy of the laws and regulations that govern 
the practice of falconry in the State. If we determine that they meet or 
exceed the Federal standards, which are established by this section, we 
will publish a notice in the Federal Register adding the State to the 
list of approved States in paragraph (k) of this section. Any State that 
was listed in paragraph (k) prior to September 14, 1989, is considered 
to be in compliance with our standards.
    (d) Permit. State laws or regulations shall provide that a valid 
State falconry permit from either that State or another State meeting 
Federal falconry standards and listed in paragraph (k) of this section 
is required before any person may take, possess, or transport a raptor 
for falconry purposes or practice falconry in that State.
    (e) Classes of permits. States may have any number of classes of 
falconry permits provided the standards are not less restrictive than 
the following:

[[Page 490]]

    (1) Apprentice (or equivalent) class. (i) Permittee shall be at 
least 14 years old;
    (ii) A sponsor who is a holder of a General or Master Falconry 
Permit or equivalent class is required for the first two years in which 
an apprentice permit is held, regardless of the age of the permittee. A 
sponsor may not have more than three apprentices at any one time;
    (iii) Permittee shall not possess more than one raptor and may not 
obtain more than one raptor for replacement during any 12-month period; 
and
    (iv) Permittee shall possess only the following raptors which must 
be taken from the wild: an American kestrel (Falco sparverius), a red-
tailed hawk (Buteo jamaicensis), a red-shouldered hawk (Buteo lineatus), 
or, in Alaska only, a goshawk (Accipiter gentilis).
    (2) General (or equivalent) class. (i) A permittee shall be at least 
18 years old;
    (ii) A permittee shall have at least two years experience in the 
practice of falconry at the apprentice level or its equivalent;
    (iii) A permittee may not possess more than two raptors and may not 
obtain more than two raptors for replacement birds during any 12-month 
period; and
    (iv) A permittee may not take, transport, or possess any golden 
eagle or any species listed as threatened or endangered in part 17 of 
this subchapter.
    (3) Master (or equivalent) class. (i) An applicant shall have at 
least five years experience in the practice of falconry at the general 
class level or its equivalent.
    (ii) A permittee may not possess more than three raptors and may not 
obtain more than two raptors taken from the wild for replacement birds 
during any 12-month period;
    (iii) A permittee may not take any species listed as endangered in 
part 17 of this chapter, but may transport or possess such species in 
accordance with part 17 of this chapter.
    (iv) A permittee may not take, transport, or possess any golden 
eagle for falconry purposes unless authorized in writing under 
Sec. 22.24 of this subchapter;
    (v) A permittee may not take, in any twelve (12) month period, as 
part of the three-bird limitation, more than one raptor listed as 
threatened in part 17 of this chapter, and then only in accordance with 
part 17 of this chapter.
    (f) Examination. State laws or regulations shall provide that before 
any State falconry permit is issued the applicant shall be required to 
answer correctly at least 80 percent of the questions on a supervised 
examination provided or approved by the Service and administered by the 
State, relating to basic biology, care, and handling of raptors, 
literature, laws, regulations or other appropriate subject matter.
    (g) Facilities and equipment. Statelaws or regulations shall provide 
that before a State falconry permit is issued the applicant's raptor 
housing facilities and falconry equipment shall be inspected and 
certified by a representative of the State wildlife department as 
meeting the following standards:
    (1) Facilities. The primary consideration for raptor housing 
facilities whether indoors (mews) or outdoors (weathering area) is 
protection from the environment, predators, or undue disturbance. The 
applicant shall have the following facilities, except that depending 
upon climatic conditions, the issuing authority may require only one of 
the facilities described below.
    (i) Indoor facilities (mews) shall be large enough to allow easy 
access for caring for the raptors housed in the facility. If more than 
one raptor is to be kept in the mews, the raptors shall be tethered or 
separated by partitions and the area for each bird shall be large enough 
to allow the bird to fully extend its wings. There shall be at least one 
window, protected on the inside by vertical bars, spaced narrower than 
the width of the bird's body, and a secure door that can be easily 
closed. The floor of the mews shall permit easy cleaning and shall be 
well drained. Adequate perches shall be provided.
    (ii) Outdoor facilities (weathering area) shall be fenced and 
covered with netting or wire, or roofed to protect the birds from 
disturbance and attack by predators except that perches more than 6\1/2\ 
feet high need not be covered or roofed. The enclosed area shall be 
large enough to insure the birds cannot strike the fence when flying 
from the perch. Protection from excessive sun, wind, and inclement 
weather shall be

[[Page 491]]

provided for each bird. Adequate perches shall be provided.
    (2) Equipment. The following items shall be in the possession of the 
applicant before he can obtain a permit or license:
    (i) Jesses--At least 1 pair of Alymeri jesses or similar type 
constructed of pliable, high-quality leather or suitable synthetic 
material to be used when any raptor is flown free. (Traditional 1-piece 
jesses may be used on raptors when not being flown.);
    (ii) Leashes and swivels--At least 1 flexible, weather-resistant 
leash and 1 strong swivel of acceptable falconry design;
    (iii) Bath container--At least 1 suitable container, 2 to 6 inches 
deep and wider than the length of the raptor, for drinking and bathing 
for each raptor;
    (iv) Outdoor perches--At least 1 weathering area perch of an 
acceptable design shall be provided for each raptor; and
    (v) Weighing device--A reliable scale or balance suitable for 
weighing the raptor(s) held and graduated to increments of not more than 
\1/2\ ounce (15 gram) shall be provided.
    (3) Maintenance. All facilities and equipment shall be kept at or 
above the preceding standards at all times.
    (4) Transportation; temporary holding. A raptor may be transported 
or held in temporary facilities which shall be provided with an adequate 
perch and protected from extreme temperatures and excessive disturbance, 
for a period not to exceed 30 days.
    (h) Marking. All peregrine falcons (Falco peregrinus), gyrfalcon 
(Falco rusticolus), and Harris hawk (Parabuteo unicinctus) possessed for 
falconry purposes must be marked in accordance with the following 
provisions:
    (1) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus), except a captive 
bred raptor lawfully marked by a numbered, seamless band issued by the 
Service, must be banded with a permanent, non-reusable, numbered band 
issued by the Service.
    (2) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus) possessed for 
falconry purposes must be banded at all times in accordance with these 
standards. Loss or removal of any band must be reported to the issuing 
office within five (5) working days of the loss and must be replaced 
with a permanent, non-reusable, numbered band supplied by the Service.
    (i) Taking restrictions. State laws or regulations shall provide the 
following restrictions on the taking of raptors from the wild:
    (1) Young birds not yet capable of flight (eyasses) may only be 
taken by a General or Master Falconer during the period specified by the 
State and no more than two eyasses may be taken by the same permittee 
during the specified period.
    (2) First-year (passage) birds may be taken only during the period 
specified by the State;
    (3) In no case shall the total of all periods of taking of eyasses 
or passage birds exceed 180 days during a calendar year, except that a 
marked raptor may be retrapped at any time; and
    (4) Only American kestrels (Falcosparverius) and great-horned owls 
(Bubo virginianus) may be taken when over one year old, except that any 
raptor other than endangered or threatened species taken under a 
depredation (or special purpose) permit may be used for falconry by 
General and Master falconers.
    (j) Other restrictions. State laws or regulations shall provide the 
following restrictions or conditions:
    (1) A person who possesses a lawfully acquired raptor before the 
enactment of these regulations and who fails to meet the permit 
requirements shall be allowed to retain the raptors. All such birds 
shall be identified with markers supplied by the Service and cannot be 
replaced if death, loss, release, or escape occurs.
    (2) If you possessed raptors before January 15, 1976, the date these 
regulations were enacted, and you had more than the number allowed under 
your permit, you may retain the extra raptors. However, each of those 
birds must be identified with markers we supplied, and you cannot 
replace any birds, nor can you obtain any additional raptors, until the 
number in your possession is at least one fewer than the total number 
authorized by the class of permit you hold.

[[Page 492]]

    (3) A falconry permit holder shall obtain written authorization from 
the appropriate State wildlife department before any species not 
indigenous to that State is intentionally released to the wild, at which 
time the marker from the released bird shall be removed and surrendered 
to the State wildlife department. The marker from an intentionally 
released bird which is indigenous to that State shall also be removed 
and surrendered to the State wildlife department. A standard Federal 
bird band shall be attached to such birds by the State or Service-
authorized Federal bird bander whenever possible.
    (4) A raptor possessed under authority of a falconry permit may be 
temporarily held by a person other than the permittee only if that 
person is otherwise authorized to possess raptors, and only if the 
raptor is accompanied at all times by the properly completed form 3-186A 
(Migratory Bird Acquisition/Disposition Report) designating the 
permittee as the possessor of record and by a signed, dated statement 
from the permittee authorizing the temporary possession.
    (5) Feathers that are molted or those feathers from birds held in 
captivity that die, may be retained and exchanged by permittees only for 
imping purposes.
    (k) List of States meeting Federal falconry standards. We have 
determined that the following States meet or exceed the minimum Federal 
standards established in this section for regulating the taking, 
possession, and transportation of raptors for the purpose of falconry. 
The States that are participants in a joint Federal/State permit system 
are designated by an asterisk (*).

*Alabama
*Alaska
Arizona
*Arkansas
*California
*Colorado
*Florida
*Georgia
*Idaho
*Illinois
*Indiana
*Iowa
*Kansas
*Kentucky
*Louisiana
Maine
Maryland
Massachusetts
*Michigan
*Minnesota
*Mississippi
Missouri
*Montana
*Nebraska
*Nevada
*New Hampshire
*New Jersey
*North Dakota
New York
New Mexico
*North Carolina
*Ohio
Oklahoma
*Oregon
Pennsylvania
Rhode Island
*South Carolina
*South Dakota
*Tennessee
Texas
Utah
Vermont
*Virginia
*Washington
West Virginia
*Wisconsin
*Wyoming

[41 FR 2238, Jan. 15, 1976; 41 FR 8053, Feb. 24, 1976, as amended at 42 
FR 42353, Aug. 23, 1977; 43 FR 968, Jan. 5, 1978; 43 FR 10566, Mar. 14, 
1978; 43 FR 34150, Aug. 3, 1978; 43 FR 57606, Dec. 8, 1978; 45 FR 25066, 
Apr. 14, 1980; 45 FR 70276, Oct. 23, 1980; 48 FR 31608, July 8, 1983; 48 
FR 42820, Sept. 20, 1983; 54 FR 38153, Sept. 14, 1989; 59 FR 11204, Mar. 
10, 1994; 64 FR 48566, Sept. 7, 1999]



Sec. 21.30  Raptor propagation permits.

    (a) Permit requirement. A raptor propagation permit is required 
before any person may take, possess, transport, import, purchase, 
barter, or offer to sell, purchase, or barter any raptor, raptor egg, or 
raptor semen for propagation purposes.
    (b) Application procedures. Submit application for raptor 
propagation permits to the appropriate Regional Director (Attention: 
Migratory bird permit office). You can find addresses for the Regional 
Directors in 50 CFR 2.2. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and the following additional information:
    (1) A statement indicating the purpose(s) for which a raptor 
propagation permit is sought and, where applicable, the scientific or 
educational objectives of the applicant;
    (2) A statement indicating whether the applicant has been issued a 
State permit authorizing raptor propagation (include name of State, 
permit number, and expiration date);
    (3) A statement fully describing the nature and extent of the 
applicant's experience with raptor propagation or handling raptors;
    (4) A description of each raptor the applicant possesses or will 
acquire for propagation purposes to include the species, age (if known), 
sex (if known), date of acquisition, source, and raptor marker number;
    (5) A description of each raptor the applicant possesses for 
purposes other than raptor propagation to include the

[[Page 493]]

species, age (if known), sex (if known), date of acquisition, source, 
raptor marker number, and purpose for which it is possessed;
    (6) A description and photographs of the facilities and equipment to 
be used by the applicant including the dimensions of any structures 
intended for housing the birds;
    (7) A statement indicating whether the applicant requests authority 
to take raptors or raptor eggs from the wild.
    (c) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (b) of this section, the Director will decide 
whether a permit should be issued. In making this decision, the Director 
shall consider, in addition to the general criteria in Sec. 13.21(b) of 
this chapter, the following factors:
    (1) Whether an applicant's raptor propagation facilities are 
adequate for the number and species of raptors to be held under the 
permit.
    (2) Whether propagation is authorized by the State in which the 
propagation will occur, and if authorized, whether the applicant has any 
required State propagation permit.
    (3) Whether the applicant is at least 18 years old with a minimum of 
2 years experience handling raptors, and if the applicant requests 
authority to propagate endangered or threatened species, whether the 
applicant is at least 23 years old with a minimum of 7 years experience 
handling raptors.
    (4) If the applicant requests authority to take raptors or raptor 
eggs from the wild:
    (i) Whether issuance of the permit would have a significant effect 
on any wild population of raptors;
    (ii) Whether suitable captive stock is available; and
    (iii) Whether wild stock is needed to enhance the genetic 
variability of captive stock.
    (d) Additional permit conditions. In addition to the general 
conditions found in part 13 of this chapter, raptor propagation permits 
are subject to the following additional conditions:
    (1) Facilities. Any tethered raptor possessed under this permit must 
be maintained in accordance with the Federal falconry standards for 
``facilities and equipment'' described in Sec. 21.29(g), unless a 
specific exception in writing is obtained. For untethered raptors, the 
breeding facilities must be soundly constructed and entirely enclosed 
with wood, wire netting, or other suitable material which provides a 
safe, health, environment. The design of such facilities and ancillary 
equipment must:
    (i) Minimize the risk of injury by providing protection from 
predators, disturbances that would likely cause harm, extreme weather 
conditions, and collision with interior or perimeter construction 
materials and equipment such as support poles, windows, wire netting, 
perches, or lights;
    (ii) Enhance sanitation by providing a well-drained floor, fresh air 
ventilation, source of light, fresh water for bathing and drinking, 
access for cleaning, and interior construction materials suitable for 
thorough cleaning or disinfection; and
    (iii) Enhance the welfare and breeding success of the raptors by 
providing suitable perches, nesting and feeding sites, and observation 
ports or inspection windows during times when disturbance is felt to be 
undesirable.
    (2) Incubation of eggs. Each permittee must notify the Director in 
writing within 5 days from the day the first egg is laid by any raptor 
held under a raptor propagation permit, but notice is not required more 
often than once every 60 days.
    (3) Marking requirement. Unless otherwise specifically exempted, 
every raptor possessed for propagation, including all progeny produced 
pursuant to the permitted activity, must be banded in accordance with 
the following provisions:
    (i) Except for captive-bred raptors lawfully marked with a seamless, 
numbered band provided by the Service, any raptor possessed for 
propagation purposes shall be banded with a permanent, non-reusable, 
numbered band issued by the Service.
    (ii) Unless specifically exempted by the conditions of the raptor 
propagation permit, each captive-bred raptor produced under authority of 
a raptor propagation permit shall be banded within two (2) weeks of 
hatching with a numbered, seamless band provided by the Service, placed 
on the raptor's leg

[[Page 494]]

(metatarsus). In marking captive-bred raptors, permittees:
    (A) Shall use a band with an opening (inside diameter) which is 
small enough to prevent its removal when the raptor is fully grown 
without causing serious injury to the raptor or damaging the bands 
integrity or one-piece construction;
    (B) May band a raptor with more than one size band when the 
potential diameter of the raptor's leg at maturity cannot be determined 
at the time of banding;
    (C) Shall remove all but one band from any raptor with more than one 
band before the raptor is five (5) weeks of age and return all bands 
removed to the issuing office.
    (iii) No raptor taken from the wild, produced from an egg taken from 
the wild, or produced from an egg from any source other than bred in 
captivity under authority of a raptor propagation permit may be banded 
with a numbered seamless band issued by the Service.
    (iv) No permittee under this section may band any raptor with any 
band issued or authorized by the Service unless that raptor is lawfully 
possessed by the permittee.
    (4) Taking Raptors or Raptor Eggs from the Wild. Any permit 
authorizing the permittee to take raptors or raptor eggs from the wild 
for propagation purposes is subject to the following additional 
restrictions:
    (i) The State or foreign country in which the raptors or raptor eggs 
are taken must authorize the permittee in writing to take raptors or 
raptor eggs from the wild for propagation purposes;
    (ii) No raptor listed in Sec. 17.11 of this chapter as 
``endangered'' or ``threatened'' may be taken from the wild without 
first obtaining the proper permit under part 17 of this chapter; and
    (iii) No raptor or raptor egg may be taken from the wild except in 
accordance with State law.
    (5) Transfer, purchase, sale, or barter of raptors, raptor eggs, or 
raptor semen. (i) A permittee may transfer any lawfully possessed 
raptor, raptor egg, or raptor semen to another permittee or transfer any 
raptor to a falconer who holds a valid State falconry permit if no money 
or other consideration is involved.
    (ii) A permittee may transfer, purchase, sell, or barter any raptor 
which is banded with a numbered seamless marker provided or authorized 
by the Service, subject to the following conditions:
    (A) When the permittee purchases from, sells to, or barters with any 
person in the U.S., that person must be authorized under this part to 
purchase, sell, or barter captive-bred raptors;
    (B) When the permittee purchases from or barters with any person in 
a foreign country, that person must be authorized by the competent 
wildlife management authority of the foreign country in which the 
transaction occurs to sell or barter captive-bred raptors; and
    (C) When the permittee transfers to, sells to or barters with any 
person in a foreign country, that person must be authorized to possess, 
purchase or barter captive-bred raptors by the competent wildlife 
management authority of his/her country of residence or domicile and the 
same wildlife management authority must certify in writing that the 
recipient is an experienced falconer or raptor propagator who is 
required to maintain any raptors in his/her possession under conditions 
that are comparable to the conditions under which a permittee must 
maintain raptors under Sec. 21.29 or Sec. 21.30. No certification is 
required if the competent wildlife management authority itself is the 
recipient of captive-bred raptors for conservation purposes.
    (iii) No raptor may be traded, transferred, purchased, sold, or 
bartered until it is two weeks old and only after it is properly banded 
with a nonreuseable marker provided or authorized by the Service, unless 
it is transferred, sold, or bartered to a State or Federal wildlife 
management agency for conservation purposes.
    (iv) A permittee may purchase, sell, or barter semen collected from 
any captive-bred raptor.
    (v) A permittee may not purchase, sell or barter any raptor eggs, 
any raptors taken from the wild, any raptor semen collected from the 
wild, or any raptors hatched from eggs taken from the wild.

[[Page 495]]

    (6) Use of Service form 3-186A. No permittee may take, purchase, 
receive, or otherwise acquire, sell, trade, barter, transfer, or 
otherwise dispose of any raptor unless such permittee submits a form 3-
186A (Migratory Bird Acquisition/Disposition Report), completed in 
accordance with the instructions on the form, to the issuing office 
within five (5) calendar days of any such transfer. Provided, that a 
permittee does not have to submit a form 3-186A (Migratory Bird 
Acquisition/Disposition Report) to report the acquisition raptors 
hatched from eggs produced as a result of the permittee's propagation 
activities as long as these raptors remain in the possession of the 
permittee.
    (7) Documentation of lawful possession. No raptor may be possessed 
under authority of a raptor propagation permit unless the permittee has 
a properly completed form 3-186A (Migratory Bird Acquisition/Disposition 
Report) for each bird possessed, except as provided in paragraph (d)(5) 
of this section.
    (8) Temporary possession. A raptor possessed under authority of a 
raptor propagation permit may be temporarily held by a person other than 
the permittee only if that person is otherwise authorized to possess 
raptors, and only if the raptor is accompanied at all times by the 
properly completed form 3-186A (Migratory Bird Acquisition/Disposition 
Report) designating the permittee as the possessor of record and by a 
signed, dated statement from the permittee authorizing the temporary 
possession.
    (9) Sale, purchase, barter. A permittee may not sell, purchase, 
barter, or offer to sell, purchase, or barter any raptor unless the 
raptor is marked on the metatarsus by a seamless, numbered band supplied 
by the Service.
    (10) Transfer to another. A permittee may not receive or otherwise 
acquire from, may not transfer or otherwise dispose of to, and may not 
loan to or temporarily place with another person any raptor unless that 
person is authorized to acquire, possess, and dispose of such raptors 
under a valid permit issued pursuant to this part and part 13 or as 
permitted by regulations in this part.
    (11) Use in falconry. A permittee may use a raptor possessed for 
propagation in the sport of falconry only if such use is designated in 
both the propagation permit and the permittee's falconry permit.
    (12) Interspecific hybridization. Hybridization between species 
(interspecific hybridization) is authorized only if each raptor produced 
by interspecific hybridization is either imprinted on humans (hand-
raised in isolation from the sight of other raptors from two weeks of 
age until it is fully feathered) or surgically sterilized.
    (13) Possession of dead raptors, non-viable eggs, nests, and 
feathers. (i) Upon the death of any raptor held under permit, a 
permittee must remove the marker and immediately return it to the 
Director. The carcass must be destroyed immediately, unless the 
permittee requests authorization from the Director to retain possession 
of it. A permittee who has obtained written authorization from the 
Director to retain possession of the carcass may transfer it to any 
other person authorized by the Service to possess it, provided no money 
or other consideration is involved.
    (ii) A permittee may possess addled or blown eggs, nests, and 
feathers from raptors held under permit and may transfer any of these 
items to any other person authorized by the Service to possess them 
provided no money or other consideration is involved.
    (14) Intentional release to the wild. (i) A permittee must obtain 
written authorization from the Director and the Director of the wildlife 
conservation department of the State in which release to the wild is 
proposed before intentionally releasing any raptor to the wild. The 
raptor marker must be removed from each bird and immediately returned to 
the Director. A Federal bird band must be attached to each raptor by a 
person designated by the Director before its release.
    (ii) No raptor produced by interspecific hybridization may be 
intentionally released to the wild.
    (15) Recordkeeping. A permittee must maintain complete and accurate 
records of all operations, to include the following:

[[Page 496]]

    (i) Acquisition of raptors, eggs, or semen from sources other than 
production.
    (A) Description of stock:
    (1) Species, sex, age of each (if applicable),
    (2) Genotype-natal area (geographical breeding site or area that 
captive stock represents, e.g., Colville River, Alaska; unknown; migrant 
taken in Maryland, etc.), and
    (3) Marker number (if applicable).
    (B) Type of stock (including number or amount):
    (1) Semen,
    (2) Egg, or
    (3) Bird.
    (C) How acquired:
    (1) Purchase, barter, or transfer (include the purchase price or a 
description of any other consideration involved), or
    (2) Taken from the wild.
    (D) Date acquired: month, day, and year.
    (E) From whom or where stock acquired:
    (1) Name, address, and permit number of seller, barterer, or 
transferor; or
    (2) Location where stock taken from the wild.
    (ii) Disposition of raptors, eggs, or semen.
    (A) Description of stock:
    (1) Species, sex, age of each (if applicable),
    (2) Genotype-natal area (geographical breeding site or area that 
captive stock represents, e.g., Colville River, Alaska; unknown; migrant 
taken in Maryland, etc.), and
    (3) Marker number (if applicable).
    (B) Type of stock (including number or amount):
    (1) Semen,
    (2) Egg, or
    (3) Bird.
    (C) Manner of disposition:
    (1) Sale, barter, or transfer (include the sale price or a 
description of any other consideration involved),
    (2) Live loss,
    (3) Intentional release to the wild, or
    (4) Death.
    (D) Date of disposition: month, day, and year.
    (E) To whom or where stock disposed:
    (1) Name, address, and permit number of purchaser, barterer, or 
transferee, or
    (2) Description and location of other disposition.
    (iii) Production and pedigree record.
    (A) Mother and father(s):
    (1) Species,
    (2) Genotype-natal area, and
    (3) Marker number.
    (B) Insemination:
    (1) Natural,
    (2) Artificial, or
    (3) Combined.
    (C) Eggs laid:
    (1) Total,
    (2) First date, and
    (3) Last date.
    (D) Eggs hatched:
    (1) Total,
    (2) First date, and
    (3) Last date.
    (E) Young raised to 2 weeks of age:
    (1) Total produced, and
    (2) Marker number and date marked for each raptor.
    (16) Annual report. A permittee must submit an annual report by 
January 31 of each year for the preceding year to the Director. The 
report must include the following information for each species possessed 
by the permittee:
    (i) Number of raptors possessed as of December 31 (including the 
species, marker number, sex, and age of each raptor).
    (ii) Number of females laying eggs.
    (iii) Number of eggs laid.
    (iv) Number of eggs hatched.
    (v) Number of young raised to 2 weeks of age.
    (vi) Number of raptors purchased, sold, bartered, received, or 
transferred (including the species, marker number, sex, and age of each 
raptor) the date of the transaction, and the name, address and permit 
number of each purchaser, seller, barterer, transferor, or transferee.
    (e) Term of permit. A raptor propagation permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[48 FR 31608, July 8, 1983, as amended at 49 FR 9736, Mar. 15, 1984; 54 
FR 38154, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]

[[Page 497]]



                 Subpart D--Control of Depredating Birds



Sec. 21.41  Depredation permits.

    (a) Permit requirement. Except as provided in Secs. 21.42 through 
21.46, a depredation permit is required before any person may take, 
possess, or transport migratory birds for depredation control purposes. 
No permit is required merely to scare or herd depredating migratory 
birds other than endangered or threatened species or bald or golden 
eagles.
    (b) Application procedures. Submit application for depredation 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) A description of the area where depredations are occurring;
    (2) The nature of the crops or other interests being injured;
    (3) The extent of such injury; and
    (4) The particular species of migratory birds committing the injury.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, depredation 
permits shall be subject to requires, in this section:
    (1) Permittees may not kill migratory birds unless specifically 
authorized on the permit.
    (2) Unless otherwise specifically authorized, when permittees are 
authorized to kill migratory birds they may do so only with a shotgun 
not larger than No. 10 gauge fired from the shoulder, and only on or 
over the threatened area or area described on the permit.
    (3) Permittees may not use blinds, pits, or other means of 
concealment, decoys, duck calls, or other devices to lure or entice 
birds within gun range.
    (4) All migratory birds killed shall be retrieved by the permittee 
and turned over to a Bureau representative or his designee for 
disposition to charitable or other worthy institutions for use as food, 
or otherwise disposed of as provided by law.
    (5) Only persons named on the permit are authorized to act as agents 
of the permittee under authority of the permit.
    (d) Tenure of permits. The tenure of depredation permits shall be 
limited to the dates which appear on its face, but in no case shall be 
longer than one year.

[39 FR 1178, Jan. 4, 1974, as amended at 42 FR 17122, Mar. 31, 1977; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.42  Authority to issue depredating orders to permit the killing of migratory game birds.

    Upon the receipt of evidence clearly showing that migratory game 
birds have accumulated in such numbers in a particular area as to cause 
or about to cause serious damage to agricultural, horticultural, and 
fish cultural interests, the Director is authorized to issue by 
publication in the Federal Register a depredation order to permit the 
killing of such birds under the following conditions:
    (a) That such birds may only be killed by shooting with a shotgun 
not larger than No. 10 gauge fired from the shoulder, and only on or 
over the threatened area or areas;
    (b) That shooting shall be limited to such time as may be fixed by 
the Director on the basis of all circumstances involved. If prior to 
termination of the period fixed for such shooting, the Director receives 
information that there no longer exists a serious threat to the area or 
areas involved, he shall without delay cause to be published in the 
Federal Register an order of revocation;
    (c) That such migratory birds as are killed under the provisions of 
any depredation order may be used for food or donated to public museums 
or public scientific and educational institutions for exhibition, 
scientific, or educational purposes, but shall not be sold, offered for 
sale, bartered, or shipped for purpose of sale or barter, or be wantonly 
wasted or destroyed: Provided, That any migratory game birds which 
cannot be so utilized shall be disposed of as prescribed by the 
Director;
    (d) That any order issued pursuant to this section shall not 
authorize the killing of the designated species of depredating birds 
contrary to any State laws or regulations. The order shall

[[Page 498]]

specify that it is issued as an emergency measure designed to relieve 
depredations only and shall not be construed as opening, reopening, or 
extending any open hunting season contrary to any regulations 
promulgated pursuant to section 3 of the Migratory Bird Treaty Act.



Sec. 21.43  Depredation order for blackbirds, cowbirds, grackles, crows and magpies.

    A Federal permit shall not be required to control yellow-headed red-
winged, rusty, and Brewer's blackbirds, cowbirds, all grackles, crows, 
and magpies, when found committing or about to commit depredations upon 
ornamental or shade trees, agricultural crops, livestock, or wildlife, 
or when concentrated in such numbers and manner as to constitute a 
health hazard or other nuisance: Provided:
    (a) That none of the birds killed pursuant to this section, nor 
their plumage, shall be sold or offered for sale, but may be possessed, 
transported, and otherwise disposed of or utilized.
    (b) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other game law enforcement officer free and unrestricted 
access over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (c) That nothing in this section shall be construed to authorize the 
killing of such birds contrary to any State laws or regulations; and 
that none of the privileges granted under this section shall be 
exercised unless the person possesses whatever permit as may be required 
for such activities by the State concerned.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989]



Sec. 21.44  Depredation order for designated species of depredating birds in California.

    In any county in California in which horned larks, golden-crowned, 
white-crowned and other crowned sparrows, and house finches are, under 
extraordinary conditions, seriously injurious to agricultural or other 
interests, the Commissioner of Agriculture may, without a permit, kill 
or cause to be killed under his/her general supervision such of the 
above migratory birds as may be necessary to safeguard any agricultural 
or horticultural crop in the county: Provided:
    (a) That such migratory birds shall be killed only when necessary to 
protect agricultural or horticultural crops from depredation; that none 
of the above migratory birds killed, or the parts thereof, or the 
plumage of such birds, shall be sold or removed from the area where 
killed; but that all such dead migratory birds shall be buried or 
otherwise destroyed within this area, except that any specimens needed 
for scientific purposes, as determined by the State or the Director 
shall not be destroyed.
    (b) That any Commissioner of Agriculture exercising the privileges 
granted by this section shall keep records of the persons authorized by 
the Commissioner to kill such migratory birds, and the estimated number 
of such birds killed pursuant to the exercise of his authority, and the 
Commissioner shall submit a report thereof to the Director on or before 
December 31 of each year or whenever the Director so requests.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 47525, Nov. 15, 1989; 55 
FR 17352, Apr. 24, 1990]



Sec. 21.45  Depredation order for depredating purple gallinules in Louisiana.

    Landowners, sharecroppers, tenants, or their employees or agents, 
actually engaged in the production of rice in Louisiana, may, without a 
permit, shoot purple gallinules (Ionornis martinica) when found 
committing or about to commit serious depredations to growing rice crops 
on the premises owned or occupied by such persons: Provided:
    (a) That purple gallinules may only be killed pursuant to this 
section between May 1 and August 15 in any year.
    (b) That purple gallinules killed pursuant to this section shall not 
be transported or sold or offered for sale except that, such 
transportation within the area, as may be necessary to bury or

[[Page 499]]

otherwise destroy the carcasses of such birds is permitted: Provided, 
That the Director or the State agricultural department, college, or 
other public institution may requisition such purple gallinules killed 
as may be needed for scientific investigations: Provided further, That 
any purple gallinules killed under authority of this section may also be 
donated to charitable institutions for food purposes.
    (c) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times, including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other game law enforcement officer free and unrestricted 
access over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (d) That nothing in this section shall be construed to authorize the 
killing of such migratory birds contrary to any State laws or 
regulations; and that none of the privileges granted under this section 
shall be exercised unless the person possesses whatever permit as may be 
required for such activities by the State of Louisiana.
    (e) That any person authorized by this section to exercise the 
privileges granted therein shall maintain records of the number of birds 
killed on the premises and shall submit a report thereof, on or before 
December 31 of each year, to the Director.



Sec. 21.46  Depredation order for depredating scrub jays and Steller's jays in Washington and Oregon.

    Landowners, sharecroppers, tenants, or their employees or agents 
actually engaged in the production of nut crops in Washington and Oregon 
may, without a permit, take scrub jays (Aphelocoma coerulescens) and 
Steller's jays (Cyanocitta stelleri) when found committing or about to 
commit serious depredations to nut crops on the premises owned or 
occupied by such persons: Provided:
    (a) That scrub jays and Steller's jays may only be taken pursuant to 
this section between August 1 and December 1 in any year, in the 
Washington counties of Clark, Cowlitz, and Lewis; and the Oregon 
counties of Benton, Clackamas, Lane, Linn, Marion, Multnomah, Polk, 
Washington, and Yamhill.
    (b) That scrub jays and Steller's jays taken pursuant to this 
section shall not be transported or sold or offered for sale except 
that, such transportation within the area, as may be necessary to bury 
or otherwise destroy the carcasses of such birds is permitted: Provided, 
That the Director of the State agricultural department, college, or 
other public institution may requisition such scrub jays and Steller's 
jays killed as may be needed for scientific investigations.
    (c) That such birds may be taken only by trapping or shooting and on 
areas where serious depredations are being or are about to be committed.
    (d) That any person exercising any of the privileges granted by this 
section shall permit at all reasonable times, including during actual 
operations, any Federal or State game or deputy game agent, warden, 
protector, or other law enforcement officer free and unrestricted access 
over the premises on which such operations have been or are being 
conducted; and shall furnish promptly to such officer whatever 
information he may require, concerning said operations.
    (e) That nothing in this section shall be construed to authorize the 
killing of such migratory birds contrary to any State laws or 
regulations; and that none of the privileges granted under this section 
shall be exercised unless the person possesses whatever permit as may be 
required for such activities by the States of Washington and Oregon.
    (f) That any person authorized by this section to exercise the 
privileges granted therein shall maintain records of the number of birds 
killed on the premises and shall submit a report thereof, on or before 
December 31 of each year, to the appropriate Special Agent in Charge 
(see Sec. 10.22 of this subchapter).

[39 FR 31326, Aug. 28, 1974]

[[Page 500]]



Sec. 21.47  Depredation order for double-crested cormorants at aquaculture facilities.

    The Service examined the rule under the Paperwork Reduction Act of 
1995 and found that it does contain information collection requirements. 
OMB has issued the following emergency information collection number, 
1018-0097, which expires on August 31, 1998. Information collection is 
required to better enable the Service to assess the benefits of the 
depredation order on aquaculturists and to assess impacts to the double-
crested cormorant population. Burden hours to aquaculturists are 
calculated as follows: an average of 41 birds may be taken by each of 
some 2,200 aquaculturists per season. An estimated total of 800 hours 
will be required to keep and maintain the monthly logs, and produce the 
logs for inspection, yielding an average of 22 minutes per 
aquaculturists per year. Landowners, operators, and tenants actually 
engaged in the production of commercial freshwater aquaculture stocks 
(or their employees or agents) in the States of Alabama, Arkansas, 
Florida, Georgia, Kentucky, Louisiana, Minnesota, Mississippi, North 
Carolina, Oklahoma, South Carolina, Tennessee, and Texas may, without a 
Federal permit, take double-crested cormorants (Phalacrocorax auritus) 
when found committing or about to commit depredations to aquaculture 
stocks on the premises used for the production of such stocks: Provided 
that:
    (a) Double-crested cormorants may be taken by shooting during 
daylight hours only, and only when necessary to protect freshwater 
commercial aquaculture and State-operated hatchery stocks from 
depredation; none of the birds so taken may be sold; and all dead birds 
must be buried or incinerated, except that any specimens needed for 
scientific purposes as determined by the Director must not be destroyed, 
and information on birds carrying metal leg bands may be submitted to 
the Bird Banding Laboratory by means of a toll-free telephone number at 
1-800-327-BAND (or 2263).
    (b) Double-crested cormorants may be shot at freshwater commercial 
aquaculture facilities or State-operated hatcheries only in conjunction 
with an established non-lethal harassment program as certified by 
officials of the Wildlife Services' program of the U.S. Department of 
Agriculture's Animal and Plant Health Inspection Service.
    (c) Double-crested cormorants may be taken with firearms only within 
the boundaries of freshwater commercial aquaculture facilities or State-
operated hatcheries, and persons using shotguns are required to use 
nontoxic shot.
    (d) Persons operating under the provisions of this section may use 
decoys, taped calls, or other devices to lure birds committing or about 
to commit depredations within gun range.
    (e) Any person exercising the privileges of this section must keep 
and maintain a log recording the date and number of all birds killed 
each month under this authorization, that the log must be maintained for 
a period of three years (and that three previous years of takings must 
be maintained at all times thereafter), that the log and any related 
records be made available to Federal or State wildlife enforcement 
officers upon request during normal business hours.
    (f) Nothing in this section authorizes the killing of double-crested 
cormorants contrary to the laws or regulations of any State, and none of 
the privileges of this section may be exercised unless the person 
possesses the appropriate State permits, when required; nor the killing 
of any migratory bird species other than double-crested cormorants when 
committing or about to commit depredations to aquaculture stocks.
    (g) The authority granted in this section will automatically expire 
on April 30, 2005, unless revoked or specifically extended prior to that 
date.

[63 FR 10560, Mar. 4, 1998]



PART 22--EAGLE PERMITS--Table of Contents




                         Subpart A--Introduction

Sec.
22.1  What is the purpose of this part?
22.2  What activities does this part apply to?
22.3  What definitions do you need to know?
22.4  Information collection requirements.

[[Page 501]]

                     Subpart B--General Requirements

22.11  What is the relationship to other permit requirements?
22.12  What activities are illegal?

                        Subpart C--Eagle Permits

22.21  What are the requirements concerning scientific and exhibition 
          purpose permits?
22.22  What are the requirements concerning permits for Indian religious 
          purposes?
22.23  What are the requirements for permits to take depredating eagles?
22.24  Permits for falconry purposes.
22.25  What are the requirements concerning permits to take golden eagle 
          nests?

         Subpart D--Depredation Control Orders on Golden Eagles

22.31  Golden eagle depredations control order on request of Governor of 
          a State.
22.32  Conditions and limitations on taking under depredation control 
          order.

    Authority: 16 U.S.C. 668a; 16 U.S.C. 703-712; 16 U.S.C. 1531-1544.

    Source: 39 FR 1183, Jan. 4, 1974, unless otherwise noted.



                         Subpart A--Introduction



Sec. 22.1  What is the purpose of this part?

    This part controls the taking, possession, and transportation within 
the United States of bald and golden eagles for scientific, educational, 
and depredation control purposes and for the religious purposes of 
American Indian tribes. This part also governs the transportation into 
or out of the United States of bald and golden eagle parts for 
scientific, educational, and Indian religious purposes. The import, 
export, purchase, sale, trade, or barter of bald and golden eagles, or 
their parts, nests, or eggs is prohibited.

[64 FR 50472, Sept. 17, 1999]



Sec. 22.2  What activities does this part apply to?

    (a)(1) You can possess or transport within the United States, 
without a Federal permit:
    (i) Any live or dead bald eagles, or their parts, nests, or eggs 
that were lawfully acquired before June 8, 1940; and
    (ii) Any live or dead golden eagles, or their parts, nests, or eggs 
that were lawfully acquired before October 24, 1962.
    (2) You may not transport into or out of the United States, import, 
export, purchase, sell, trade, barter, or offer for purchase, sale, 
trade, or barter bald or golden eagles, or their parts, nests, or eggs 
of these lawfully acquired pre-act birds. However, you may transport 
into or out of the United States any lawfully acquired dead bald or 
golden eagles, their parts, nests, or dead eagles, if you acquire a 
permit issued under Sec. 22.22 of this part.
    (3) No exemption from any statute or regulation will apply to any 
offspring of these pre-act birds.
    (4) You must mark all shipments containing bald or golden eagles, 
alive or dead, their parts, nests, or eggs as directed in Sec. 14.81 of 
this subchapter. The markings must contain the name and address of the 
person the shipment is going to, the name and address of the person the 
shipment is coming from, an accurate list of contents by species, and 
the number of each species.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife (see 
also part 13 of this subchapter).

[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]



Sec. 22.3  What definitions do you need to know?

    In addition to definitions contained in part 0 of this subchapter, 
and unless the context otherwise requires, in this part 22:
    Area nesting population means the number of pairs of golden eagles 
known to have a resting attempt during the preceding 12 months within a 
10-mile radius of a golden eagle nest.
    Export for the purpose of this part does not include the 
transportation of any dead bald or golden eagles, or their parts, nests, 
or dead eggs out of the United States when accompanied with a valid 
transportation permit.

[[Page 502]]

    Golden eagle nest means any readily identifiable structure built, 
maintained or occupied by golden eagles for propagation purposes.
    Import for the purpose of this part does not include the 
transportation of any dead bald or golden eagles, or their parts, nests, 
or dead eggs into the United States when accompanied with a valid 
transportation permit.
    Inactive nest means a golden eagle nest that is not currently used 
by golden eagles as determined by the absence of any adult, egg, or 
dependent young at the nest during the 10 days before the nest is taken.
    Nesting attempt means any activity by golden eagles involving egg 
laying and incubation as determined by the presence of an egg attended 
by an adult, an adult in incubation posture, or other evidence 
indicating recent use of a golden eagle nest for incubation of eggs or 
rearing of young.
    Person means an individual, corporation, partnership, trust, 
association, or any other private entity, or any officer, employee, 
agent, department, or instrumentality of any State or political 
subdivision of a State.
    Resource development or recovery includes, but is not limited to, 
mining, timbering, extracting oil, natural gas and geothermal energy, 
construction of roads, dams, reservoirs, power plants, power 
transmission lines, and pipelines, as well as facilities and access 
routes essential to these operations, and reclamation following any of 
these operations.
    Take includes also pursue, shoot, shoot at, poison, wound, kill, 
capture, trap, collect, or molest or disturb.
    Transportation into or out of the United States for the purpose of 
this part means that the permitted item or items transported into or out 
of the United States do not change ownership at any time, they are not 
transferred from one person to another in the pursuit of gain or profit, 
and they are transported into or out of the United States for Indian 
religious purposes, or for scientific or exhibition purposes under the 
conditions and during the time period specified on a transportation 
permit for the items.

[39 FR 1183, Jan. 4, 1974, as amended at 48 FR 57300, Dec. 29, 1983; 64 
FR 50472, Sept. 17, 1999]



Sec. 22.4  Information collection requirements.

    (a) The Office of Management and Budget approved the information 
collection requirements contained in this part 22 under 44 U.S.C. 3507 
and assigned OMB Control Number 1018-0022. The Service may not conduct 
or sponsor, and you are not required to respond to, a collection of 
information unless it displays a currently valid OMB control number. We 
are collecting this information to provide information necessary to 
evaluate permit applications. We will use this information to review 
permit applications and make decisions, according to criteria 
established in the Bald and Golden Eagle Protection Act and its 
regulations, on the issuance, suspension, revocation, or denial of 
permits. You must respond to obtain or retain a permit.
    (b) We estimate the public reporting burden for these reporting 
requirements to vary from 1 to 4 hours per response, with an average of 
1 hour per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the forms. 
Direct comments regarding the burden estimate or any other aspect of 
these reporting requirements to the Service Information Collection 
Control Officer, MS-222 ARLSQ, U.S. Fish and Wildlife Service, 
Washington, DC 20240, or the Office of Management and Budget, Paperwork 
Reduction Project (1018-0022), Washington, DC 20603.

[63 FR 52637, Oct. 1, 1998]



                     Subpart B--General Requirements



Sec. 22.11  What is the relationship to other permit requirements?

    You may not take, possess, or transport any bald eagle (Haliaeetus 
leucocephalus) or any golden eagle (Aquila chrysaetos), or the parts, 
nests, or eggs of such birds, except as allowed by a valid permit issued 
under this part, part 13, and/or Sec. 21.22 of this subchapter, or 
authorized under a depredation order issued under subpart D of this 
part. We will accept a single application for a permit under this part 
and any other parts of this subchapter B if

[[Page 503]]

it includes all of the information required for an application under 
each applicable part.
    (a) You do not need a permit under parts 17 and 21 of this 
subchapter B for any activity permitted under this part 22 with respect 
to bald or golden eagles or their parts, nests, or eggs.
    (b) You must obtain a permit under part 21 of this subchapter for 
any activity that also involves migratory birds other than bald and 
golden eagles, and a permit under part 17 of this subchapter for any 
activity that also involves threatened or endangered species other than 
the bald eagle.
    (c) If you are transporting dead bald or golden eagles, or their 
parts, nests, or dead eggs into or out of the United States, you will 
also need a Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES) permit under part 23 of this subchapter.

[64 FR 50472, Sept. 17, 1999]



Sec. 22.12  What activities are illegal?

    (a) You may not sell, purchase, barter, trade, import, or export, or 
offer for sale, purchase, barter, or trade, at any time or in any 
manner, any bald eagle (Haliaeetus leucocephalus), or any golden eagle 
(Aquila chrysaetos), or the parts, nests, or eggs of these birds, and we 
will not issue a permit to authorize these acts.
    (b) You may not transport into or out of the United States any live 
bald or golden eagle, or any live egg of those birds, and we will not 
issue a permit to authorize these acts.

[64 FR 50472, Sept. 17, 1999]



                        Subpart C--Eagle Permits



Sec. 22.21  What are the requirements concerning scientific and exhibition purpose permits?

    We may, under the provisions of this section, issue a permit 
authorizing the taking, possession, transportation within the United 
States, or transportation into or out of the United States of lawfully 
possessed bald eagles or golden eagles, or their parts, nests, or eggs 
for the scientific or exhibition purposes of public museums, public 
scientific societies, or public zoological parks. We will not issue a 
permit under this section that authorizes the transportation into or out 
of the United States of any live bald or golden eagles, or any live eggs 
of these birds.
    (a) How do I apply if I want a permit for scientific and exhibition 
purposes?
    (1) You must submit applications for permits to take, possess, or 
transport within the United States lawfully acquired live or dead bald 
or golden eagles, or their parts, nests, or live or dead eggs for 
scientific or exhibition purposes to the appropriate Regional Director--
Attention: Migratory Bird Permit Office. You can find addresses for the 
Regional Directors in 50 CFR 2.2.
    (2) If you want a permit to transport into or out of the United 
States any lawfully acquired dead bald or golden eagles or their parts, 
nests, or dead eggs for scientific or exhibition purposes, you must 
submit your application to the Office of Management Authority. Your 
application must contain all the information necessary for the issuance 
of a CITES permit. You must also comply with all the requirements in 
part 23 of this subchapter before international travel. Mail should be 
addressed to: Office of Management Authority, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Drive, Room 700, Arlington, VA, 22203.
    (3) Your application for any permit under this section must also 
contain the information required under this section, Sec. 13.12(a) of 
this subchapter, and the following information:
    (i) Species of eagle and number of such birds, nests, or eggs 
proposed to be taken, possessed, or transported;
    (ii) Specific locality in which taking is proposed, if any;
    (iii) Method taking proposed, if any;
    (iv) If not taken, the source of eagles and other circumstances 
surrounding the proposed acquisition or transportation;
    (v) Name and address of the public museum, public scientific 
societies, or public zoological park for which they are intended;
    (vi) Complete explanation and justification of request, nature of 
project or study, number of specimens now at

[[Page 504]]

institution, reason these are inadequate, and other appropriate 
explanations.
    (b) What are the conditions? In addition to the general conditions 
in part 13 of this subchapter B, permits to take, possess, transport 
within the United States, or transport into or out of the United States 
bald or golden eagles, or their parts, nests, or eggs for scientific or 
exhibition purposes, are also subject to the following condition: In 
addition to any reporting requirement specifically noted in the permit, 
you must submit a report of activities conducted under the permit to the 
Regional Director--Attention: Migratory Bird Permit Office, within 30 
days after the permit expires.
    (c) How do we evaluate your application for a permit? We will 
conduct an investigation and will only issue a permit to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests, or eggs for 
scientific or exhibition purposes when we determine that the taking, 
possession, or transportation is compatible with the preservation of the 
bald eagle and golden eagle. In making this determination, we will 
consider, among other criteria, the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild populations of bald and golden eagles;
    (2) Whether the expertise, facilities, or other resources available 
to the applicant appear adequate to successfully accomplish the 
objectives stated in the application;
    (3) Whether the justification of the purpose for which the permit is 
being requested is adequate to justify the removal of the eagle from the 
wild or otherwise change its status; and
    (4) Whether the applicant has demonstrated that the permit is being 
requested for bona fide scientific or exhibition purposes of public 
museums, public scientific societies, or public zoological parks.
    (d) Tenure of permits. The tenure of permits to take bald or golden 
eagles for scientific or exhibition purposes shall be that shown on the 
face of the permit.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50472, Sept. 17, 1999]



Sec. 22.22  What are the requirements concerning permits for Indian religious purposes?

    We will issue a permit only to members of Indian entities recognized 
and eligible to receive services from the United States Bureau of Indian 
Affairs listed under 25 U.S.C. 479a-1 engaged in religious activities 
who satisfy all the issuance criteria of this section. We may, under the 
provisions of this section, issue a permit authorizing the taking, 
possession, and transportation within the United States, or 
transportation into or out of the United States of lawfully acquired 
bald eagles or golden eagles, or their parts, nests, or eggs for Indian 
religious use. We will not issue a permit under this section that 
authorizes the transportation into or out of the United States of any 
live bald or golden eagles, or any live eggs of these birds.
    (a) How do I apply if I want a permit for Indian regligious 
purposes? You must submit applications for permits to take, possess, 
transport within the United States, or transport into or out of the 
United States lawfully acquired bald or golden eagles, or their parts, 
nests, or eggs for Indian religious use to the appropriate Regional 
Director--Attention: Migratory Bird Permit Office. You can find 
addresses for the appropriate Regional Directors in 50 CFR 2.2. If you 
are applying for a permit to transport into or out of the United States, 
your application must contain all the information necessary for the 
issuance of a CITES permit. You must comply with all the requirements in 
part 23 of this subchapter before international travel. Your application 
for any permit under this section must also contain the information 
required under this section, Sec. 13.12(a) of this subchapter, and the 
following information:
    (1) Species and number of eagles or feathers proposed to be taken, 
or acquired by gift or inheritance.
    (2) State and local area where the taking is proposed to be done, or 
from whom acquired.

[[Page 505]]

    (3) Name of tribe with which applicant is associated.
    (4) Name of tribal religious ceremony(ies) for which required.
    (5) You must attach a certification of enrollment in an Indian tribe 
that is federally recognized under the Federally Recognized Tribal List 
Act of 1994, 25 U.S.C. 479a-1, 108 Stat. 4791 (1994). The certificate 
must be signed by the tribal official who is authorized to certify that 
an individual is a duly enrolled member of that tribe, and must include 
the official title of that certifying official.
    (b) What are the permit conditions? In addition to the general 
conditions in part 13 of this subchapter B, permits to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests or eggs for 
Indian religious use are subject to the following conditions:
    (1) Bald or golden eagles or their parts possessed under permits 
issued pursuant to this section are not transferable, except such birds 
or their parts may be handed down from generation to generation or from 
one Indian to another in accordance with tribal or religious customs; 
and
    (2) You must submit reports or inventories, including photographs, 
of eagle feathers or parts on hand as requested by the issuing office.
    (c) How do we evaluate your application for a permit? We will 
conduct an investigation and will only issue a permit to take, possess, 
transport within the United States, or transport into or out of the 
United States bald or golden eagles, or their parts, nests or eggs, for 
Indian religious use when we determine that the taking, possession, or 
transportation is compatible with the preservation of the bald and 
golden eagle. In making a determination, we will consider, among other 
criteria, the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild populations of bald or golden eagles; and
    (2) Whether the applicant is an Indian who is authorized to 
participate in bona fide tribal religious ceremonies.
    (d) How long are the permits valid? We are authorized to amend, 
suspend, or revoke any permit that is issued under this section (see 
Secs. 13.23, 13.27, and 13.28 of this subchapter).
    (1) A permit issued to you that authorizes you to take bald or 
golden eagles will be valid during the period specified on the face of 
the permit, but will not be longer than 1 year from the date it is 
issued.
    (2) A permit issued to you that authorizes you to transport and 
possess bald or golden eagles or their parts, nests, or eggs within the 
United States will be valid for your lifetime.
    (3) A permit authorizing you to transport dead bald eagles or golden 
eagles, or their parts, nests, or dead eggs into or out of the United 
States can be used for multiple trips to or from the United States, but 
no trip can be longer than 180 days. The permit will be valid during the 
period specified on the face of the permit, not to exceed 3 years from 
the date it is issued.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999]



Sec. 22.23  What are the requirements for permits to take depredating eagles?

    (a) How do I apply for a permit? You must submit applications for 
permits to take depredating bald or golden eagles to the appropriate 
Regional Director--Attention: Migratory Bird Permit Office. You can find 
addresses for the appropriate Regional Directors in 50 CFR 2.2. Your 
application must contain the information and certification required by 
Sec. 13.12(a) of this subchapter, and the following additional 
information:
    (1) Species and number of eagles proposed to be taken;
    (2) Location and description of property where taking is proposed;
    (3) Inclusive dates for which permit is requested;
    (4) Method of taking proposed;
    (5) Kind and number of livestock or domestic animals owned by 
applicant;
    (6) Kind and amount of alleged damaged; and
    (7) Name, address, age, and business relationship with applicant of 
any person the applicant proposes to act for him as his agent in the 
taking of such eagles.
    (b) What are the permit conditions? In addition to the general 
conditions set

[[Page 506]]

forth in part 13 of this subchapter B, permits to take depredating bald 
or golden eagles shall be subject to the following conditions:
    (1) Bald or golden eagles may be taken under permit by firearms, 
traps, or other suitable means except by poison or from aircraft;
    (2) The taking of eagles under permit may be done only by the 
permittee or his agents named in the permit;
    (3) Any eagle taken under authority of such permit will be promptly 
turned over to a Service agent or other game law enforcement officer 
designated in the permit; and
    (4) In addition to any reporting requirement on a permit, you must 
submit a report of activities conducted under the permit to the 
appropriate Regional Director--Attention: Migratory Bird Permit Office 
within 10 days following completion of the taking operations or the 
expiration of the permit, whichever occurs first.
    (c) Issuance criteria. The Director shall conduct an investigation 
and not issue a permit to take depredating bald or golden eagles unless 
he has determined that such taking is compatible with the preservation 
of the bald or golden eagle. In making such determination the Director 
shall consider the following:
    (1) The direct or indirect effect which issuing such permit would be 
likely to have upon the wild population of bald or golden eagles;
    (2) Whether there is evidence to show that bald or golden eagles 
have in fact become seriously injurious to wildlife or to agriculture or 
other interests in the particular locality to be covered by the permit, 
and the injury complained of is substantial; and
    (3) Whether the only way to abate the damage caused by the bald or 
golden eagle is to take some or all of the offending birds.
    (d) Tenure of permits. The tenure of any permit to take bald or 
golden eagles for depredation control purposes shall be that shown on 
the face thereof, and shall in no case be longer than 90 days from date 
of issue.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999]



Sec. 22.24  Permits for falconry purposes.

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
the possession and transportation of golden eagles for falconry 
purposes.
    (a) Application procedures. Submit applications for permits to 
possess and transport golden eagles for falconry purposes to the 
appropriate Regional Director (Attention: Migratory bird permit office). 
You can find addresses for the Regional Directors in 50 CFR 2.2. Each 
application must contain the general information and certification 
required in Sec. 13.12(a) of this subchapter, and the following 
additional information:
    (1) A copy of the applicant's master (or equivalent) class permit 
issued in accordance with 50 CFR 21.28.
    (2) A statement of the applicant's experience in handling large 
raptors, including the species, type of experience and duration of the 
activity in which the experience was acquired.
    (3) At least two (2) letters of reference from individuals with 
recognized experience in handling and/or flying eagles. Each letter must 
contain a concise history of the author's experience with eagles. Eagle 
handling experience is defined as, but is not limited to, the handling 
of pre-Act birds, zoological specimens, rehabilitating eagles, or 
scientific studies involving eagles. Each letter must also assess the 
applicant's capability to properly care for the fly golden eagles in 
falconry, and recommend the issuance or denial of the permit.
    (4) A description of the facilities in which golden eagles will be 
housed.
    (5) If requesting an eagle(s) from the Service, applicants must 
specify the sex, age and condition of the eagle(s) they will accept.
    (6) For eagles already legally possessed, a copy of the permit or 
other documentation authorizing possession of said birds, and the 
procedures to be used to minimize or eliminate hazards associated with 
the use of imprinted birds in falconry.
    (7) Name, address, age and experience in handling raptors of any 
person the

[[Page 507]]

applicant proposes to act as an authorized agent in taking possession of 
golden eagles provided by the Service.
    (8) To obtain additional or replacement golden eagles, a request in 
writing to the appropriate special agent in charge must be tendered, 
identifying the existing permit and, for replacement eagles, the reason 
for such replacement.
    (b) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter B, permits to possess and transport 
golden eagles for falconry purposes are subject to the following 
conditions:
    (1) Golden eagles possessed for falconry purposes are considered as 
raptors and must be maintained in accordance with Federal falconry 
standards described in Secs. 21.28 and 21.29 of this subchapter.
    (2) Only golden eagles legally obtained may be possessed and 
transported for falconry purposes.
    (3) Captive breeding of golden eagles possessed for falconry 
purposes is prohibited.
    (4) The applicant, or authorized agent, must agree to take 
possession of a requested golden eagle(s) within 72 hours of 
notification of availability. Expenses incurred by the applicant in 
taking possession of said eagle(s) will be the applicant's 
responsibility.
    (5) The golden eagle(s) must be banded with a numbered eagle marker 
provided by the Service.
    (6) All permits issued pursuant to this section shall state on their 
face that eagles possessed for falconry purposes under authority of this 
permit may not be transferred or otherwise intentionally disposed of by 
any means, including release to the wild, without written approval from 
the appropriate regional director.
    (7) All permits issued pursuant to this section shall state on their 
face that the appropriate special agent in charge must be notified no 
later than ten (10) days after the death of a permit holder.
    (c) More restrictive State laws. Nothing in this section shall be 
construed to prevent a State from making and/or enforcing more 
restrictive laws and regulations as regards the use of golden eagles in 
falconry.
    (d) Issuance criteria. The Director shall conduct an investigation 
and shall not issue a permit to possess and transport golden eagles for 
falconry purposes unless he has determined: that such possession and 
transportation is compatible with the preservation of golden eagles; 
that the proposed possession and transportation of golden eagles for 
falconry is not otherwise prohibited by laws and regulations within the 
State where the activity is proposed; and that the applicant is 
qualified to possess and transport golden eagles for falconry purposes. 
In making the latter determination, the Director shall consider, but 
shall not necessarily be limited to, the following:
    (1) The applicant's cumulative falconry experience.
    (2) The applicant's demonstrated ability to handle and care for 
large raptors.
    (3) Information contained in the applicant's letters of reference.
    (e) Tenure of permits. Any permit to possess and transport golden 
eagles for falconry purposes is valid for as long as the holder 
maintains a valid master (or equivalent) class falconry permit or until 
revoked in writing by the Service.
    (f) Permission to trap golden eagles for falconry purposes. 
Applicants desiring to trap golden eagles from the wild for use in 
falconry must request and obtain permission from the Service prior to 
exercising this privilege. The following applies to requests:
    (1) Only golden eagles from a specified depredation area may be 
trapped for falconry purposes.
    (2) Permission to trap golden eagles must be requested in writing 
from the appropriate State Animal Damage Control (ADC) supervisor 
subsequent to issuance of the permit to possess and transport golden 
eagles for falconry purposes.
    (3) Permission to trap will not be granted until the permittee 
suitably demonstrates to the State ADC supervisor or a designated 
project leader his/her qualifications and capabilities to trap golden 
eagles from the wild.
    (4) All such trapping must be conducted under the direct supervision 
of the State ADC supervisor or designated

[[Page 508]]

project leader in the specified depredation area.
    (5) Any permission to trap golden eagles from the wild pursuant to 
this section shall in no case extend more than 90 days from the date of 
issue.
    (6) Upon issuance of permission to trap in accordance with the above 
conditions, the appropriate special agent in charge will be notified in 
writing by the State ADC supervisor of the individual's name, address, 
location of the specified depredation area and tenure of permission to 
trap golden eagles.


(The information collection requirements approved by the Office of 
Management and Budget under control number 1018-0022. The information is 
necessary to determine potential permittee's qualifications and is 
required to obtain a permit)

[49 FR 891, Jan. 6, 1984, as amended at 63 FR 52638, Oct. 1, 1998]



Sec. 22.25  What are the requirements concerning permits to take golden eagle nests?

    The Director may, upon receipt of an application and in accordance 
with the issuance criteria of this section, issue a permit authorizing 
any person to take golden eagle nests during a resource development or 
recovery operation when the nests are inactive, if the taking is 
compatible with the preservation of the area nesting population of 
golden eagles. The information collection requirements contained within 
this section have been approved by the Office of Management and Budget 
under 44 U.S.C. 3507 and assigned clearance number 1018-0022. This 
information is being collected to provide information necessary to 
evaluate permit applications. This information will be used to review 
permit applications and make decisions, according to the criteria 
established in this section for the issuance or denial of such permits. 
The obligation to respond is required to obtain or retain a permit.
    (a) How do I apply for a permit to take golden eagle nests? You must 
submit applications for permits to take golden eagle nests to the 
appropriate Regional Director--Attention: Migratory Bird Permit Office. 
You can find addresses for the appropriate Regional Directors in 50 CFR 
2.2. We will only accept applications if you are engaged in a resource 
development or recovery operation, including the planning and permitting 
stages of an operation. Your application must contain the general 
information and certification required by Sec. 13.12(a) of this chapter 
plus the following additional information:
    (1) A description of the resource development or recovery operation 
in which the applicant is engaged;
    (2) The number of golden eagle nests proposed to be taken;
    (3) A description of the property on which the taking is proposed, 
with reference made to its exact geographic location. An appropriately 
scaled map or plat must be included which delineates the area of the 
resource development or recovery operation and identifies the exact 
location of each golden eagle nest proposed to be taken. The map or plat 
must contain enough detail so that each golden eagle nest proposed to be 
taken can be readily located by the Service.
    (4) For each golden eagle nest proposed to be taken, the applicant 
must calculate the area nesting population of golden eagles and identify 
on an appropriately scaled map or plat the exact location of each golden 
eagle nest used to calculate the area nesting population unless the 
Service has sufficient data to independently calculate the area nesting 
population. The map or plat must contain enough details so that each 
golden eagle nest used to calculate the area nesting population can be 
readily located by the Service.
    (5) A description of each activity to be performed during the 
resource development or recovery operation which involves the taking of 
a golden eagle nest;
    (6) A statement with any supporting documents from ornithologists 
experienced with golden eagles or other qualified persons who have made 
on site inspections and can verify the applicant's calculation of the 
area nesting population;
    (7) The length of time for which the permit is requested, including 
the dates on which the proposed resource development or recovery 
operation is to begin and end;
    (8) A statement indicating the intended disposition of each nest 
proposed to be taken. Applicants should

[[Page 509]]

state whether they are willing to collect any nest for scientific or 
educational purposes; and
    (9) A statement indicating any proposed mitigation measures that are 
compatible with the resource development or recovery operation to 
encourage golden eagles to reoccupy the resource development or recovery 
site. Mitigation measures may include reclaiming disturbed land to 
enhance golden eagle nesting and foraging habitat, relocating in 
suitable habitat any inactive golden eagle nest taken, or establishing 
one or more nest sites. If the establishment of one or more nest sites 
is proposed, a description of the materials and methods to be used and 
the exact location of each artificial nest site must be included.
    (b) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this chapter, permits to take golden 
eagle nests are subject to the following additional conditions:
    (1) Only inactive golden eagle nests may be taken.
    (2) The permittee shall submit a report of activities conducted 
under the permit to the Director within ten (10) days following the 
permit's expiration;
    (3) The permittee shall notify the Director in writing at least 10 
days but not more than 30 days before any golden eagle nest is taken;
    (4) The permittee shall comply with any mitigation measures 
determined by the Director to be feasible and compatible with the 
resource development or recovery operation; and
    (5) Any permit issued before the commencement of a resource 
development or recovery operation is invalid if the activity which 
required a permit is not performed.
    (c) Issuance criteria. The Director shall conduct an investigation 
and not issue a permit to take any golden eagle nest unless such taking 
is compatible with the preservation of the area nesting population of 
golden eagles. In making such determination, the Director shall consider 
the following:
    (1) Whether the applicant can reasonably conduct the resource 
development or recovery operation in a manner that avoids taking any 
golden eagle nest;
    (2) The total number of golden eagle nests proposed to be taken;
    (3) The size of the area nesting population of golden eagles;
    (4) Whether suitable golden eagle nesting and foraging habitat 
unaffected by the resource development or recovery operation is 
available to the area nesting population of golden eagles to accommodate 
any golden eagles displaced by the resource development or recovery 
operation;
    (5) Whether feasible mitigation measures compatible with the 
resource development or recovery operation are available to encourage 
golden eagles to reoccupy the resource development or recovery site. 
Mitigation measures may include reclaiming disturbed land to enhance 
golden eagle nesting and foraging habitat, relocating in suitable 
habitat any golden eagle nest taken, or establishing one or more nest 
sites; and
    (6) Whether the area nesting population is widely dispersed or 
locally concentrated.
    (d) Tenure of permits. The tenure of any permit to take golden eagle 
nests is 2 years from the date of issuance, unless a shorter period of 
time is prescribed on the face of the permit. Permits may be renewed in 
accordance with part 13 of this chapter.

[48 FR 57300, Dec. 29, 1983, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50474, Sept. 17, 1999]



         Subpart D--Depredation Control Orders on Golden Eagles



Sec. 22.31  Golden eagle depredations control order on request of Governor of a State.

    (a) Whenever the Governor of any State requests permission to take 
golden eagles to seasonally protect domesticated flocks and herds in 
such State, the Director shall make an investigation and if he 
determines that such taking is necessary to and will seasonally protect 
domesticated flocks and herds in such States he shall authorize such 
taking in whatever part or parts of the State and for such periods as he 
determines necessary to protect such interests.
    (b) Requests from the Governor of a State to take golden eagles to 
seasonally protect domesticated flocks and herds must be submitted in 
writing to the Director listing the periods of time

[[Page 510]]

during which the taking of such birds is recommended, and including a 
map of the State indicating the boundaries of the proposed area of 
taking. Such requests should include a statement of the facts and the 
source of such facts that in the Governor's opinion justifies the 
request. After a decision by the Director, the Governor will be advised 
in writing concerning the request and a notice will be published in the 
Federal Register.



Sec. 22.32  Conditions and limitations on taking under depredation control order.

    (a) Whenever the taking of golden eagles without a permit is 
authorized for the seasonal protection of livestock, such birds may be 
taken by firearms, traps, or other suitable means except by poison or 
from aircraft.
    (b) Any person exercising any of the privileges granted by this 
subpart D must permit all reasonable times, including during actual 
operations, any Service agent, or other game law enforcement officer 
free and unrestricted access over the premises on which such operations 
have been or are being conducted; and shall furnish promptly to such 
officer whatever information he may require concerning such operations.
    (c) The authority to take golden eagles under a depredations control 
order issued pursuant to this subpart D only authorizes the taking of 
golden eagles when necessary to seasonally protect domesticated flocks 
and herds, and all such birds taken must be reported and turned over to 
a local Bureau Agent.



PART 23--ENDANGERED SPECIES CONVENTION--Table of Contents




                         Subpart A--Introduction

Sec.
23.1  Purpose of regulations.
23.2  Scope of regulations.
23.3  Definitions.
23.4  Parties to the Convention.

             Subpart B--Prohibitions, Permits and Exceptions

23.11  Prohibitions.
23.12  Requirements.
23.13  Exceptions.
23.14  Foreign documentation.
23.15  Permits and certificates.

 Subpart C--Appendices I, II and III to the Convention on International 
           Trade in Endangered Species of Wild Fauna and Flora

23.21  Criteria for listing species. [Reserved]
23.22  Procedures for amending the appendices. [Reserved]
23.23  Species listed in Appendices I, II, and III.

   Subpart D--Public Participation in the Development of Negotiating 
     Positions for Meetings of the Conference of the Parties to the 
 Convention on International Trade in Endangered Species of Wild Fauna 
                 and Flora; Federal Agency Consultation

23.31  Purpose of regulations.
23.32  Notice of meeting of Conference of the Parties to the Convention.
23.33  Notice of proposed negotiating positions.
23.34  Public meetings.
23.35  Notice of negotiating positions.
23.36  Schedule of public meetings and notices.
23.37  Federal agency consultation.
23.38  Modifications of procedures and negotiating positions.
23.39  Notice of availability of official report.

Subpart E--Scientific Authority Advice [Reserved]

                  Subpart F--Export of Certain Species

23.51  American ginseng (Panax quinquefolius).
23.52  Bobcat (Lynx rufus).
23.53  River otter (Lontra canadensis).
23.54  Lynx (Lynx canadensis).
23.55  Gray wolf (Canis lupus).
23.56  Brown bear (Ursus arctos).
23.57  American alligator (Alligator mississippiensis).

    Authority: Convention on International Trade in Endangered Species 
of Wild Fauna and Flora, 27 U.S.T. 1087; and Endangered Species Act of 
1973, as amended, 16 U.S.C. 1531 et seq.

    Source: 42 FR 10465, Feb. 22, 1977, unless otherwise noted.

[[Page 511]]



                         Subpart A--Introduction



Sec. 23.1  Purpose of regulations.

    (a) The regulations in this part implement the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, TIAS 
8249.
    (b) The regulations identify those species of wildlife and plants 
included in appendix I, II or III to the Convention.



Sec. 23.2  Scope of regulations.

    (a) The regulations of this part apply only to wildlife and plants 
listed in appendix I, II or III to the Convention, listed herein in 
Sec. 23.23 for the convenience of the public. It should be noted that 
many species listed in appendix I, II or III are also listed in part 17 
(endangered and threatened species) or part 18 (marine mammals), and are 
subject to additional regulations in those parts or in part 216 (marine 
mammals) or parts 217-225 (endangered and threatened species) for 
species under jurisdiction of the National Marine Fisheries Service.
    (b) [Reserved]



Sec. 23.3  Definitions.

    In addition to the definitions contained in parts 10 and 17 of this 
subchapter, and unless the context requires otherwise, in this part:
    Appendix I means the list of wildlife and plants called ``Appendix 
I'' and attached to the Convention (see Sec. 23.23 for the list).
    Appendix II means the list of wildlife and plants called ``Appendix 
II'' and attached to the Convention (see Sec. 23.23 for the list).
    Appendix III means the list of wildlife and plants called ``Appendix 
III'' and attached to the Convention (see Sec. 23.23 for the list).
    Convention means the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora, TIAS 8249.
    Management Authority means a national management authority 
officially designated by a party to implement the present Convention, 
including the granting of permits or certificates for Convention 
purposes on behalf of the party.
    Party means a country for which the Convention has entered into 
force, by virtue of ratification or accession.
    Re-export means export of wildlife or plants that have previously 
been imported.
    United States means all of the several states, the District of 
Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin 
Islands, Guam, and the Trust Territory of the Pacific Islands.



Sec. 23.4  Parties to the Convention.

    The following countries are currently parties to the Convention. The 
name and address of the management authority is included under the name 
of each country. This list is for the convenience of the public, and 
does not preclude the application of regulations in this part 23 to 
importation, exportation or re-exportation to or from other countries.

                                Australia

The Bureau of Customs, Department of Business and Consumer Affairs, 
Canberra, Act 2600, Australia.

                                 Brazil

Instituto Brasileiro de Desenvolvimento, Florestal (IBDF) do Ministerio 
da Agricultura, Palacio do Desenvolvimento, Setor Bancario Norte, 
13 deg. andar, 70000 Brazilia--DF Brazil.

                                 Canada

The Administrator, Convention on International Trade in Endangered 
Species, Canadian Wildlife Service, Department of the Environment, 
Ottawa, Ontario, K1A OH3, Canada.

                                  Chile

Servico Agricola y Ganadero (SAG), Ministerio de Agricultura, Santiago, 
Chile.

                               Costa Rica

Departmento de Pesca Continental y Vida Silvestre, Ministerio de 
Agricultura y Ganaderia, San Jose, Costa Rica.

                                 Cyprus

Ministry of Agriculture and Natural Resources, Nicosia, Cyprus.

                                 Ecuador

Ministerio de Agricultura y Ganaderia, Quito, Ecuador.

[[Page 512]]

                       Federal Republic of Germany

Bundesminister fur Ernahrung Landwirtschaft und Forsten, Rochusstrasse 
1, 5300 Bonn-Duisdorf, Federal Republic of Germany.

                                 Finland

Maa--ja Metsatalousministerio, Ministry of Agriculture and Forestry, 
Bureau of Natural Resources, Hallituskatu 3 A, 00170 Helsinki 3 A, 
Finland.

                       German Democratic Republic

Ministerium fur Land, Forst und Nahrungsguterwirtschaft, der Deutschen 
Demokratischen Republik, DDR-1157 Berlin, German Democratic Republic.

                                  Ghana

Department of Game and Wildlife, P.O. Box M 239, Accra, Ghana.

                                  India

The Director of Wildlife Preservation, Government of India, Ministry of 
Agriculture and Irrigation, Department of Agriculture, Krishi Bhaven, 
New Delhi--110001, India.

                                  Iran

Department of the Environment, P.O. Box 1430, Tehran, Iran.

                            Malagasy Republic

Direction des Eaux et Forets et de la Conservation des Sols, B.P. 243, 
Tananarive.

                                Mauritius

The Conservator of Forests, Forest Service, Curepipe, Mauritius.

                                 Morocco

Comite National de l'Environment, Direction de l'Environment, Ministere 
de l'Urbanisme, de l'Habitat, du Tourisme et de l'Environment, Rabat, 
Morocco.

                                  Nepal

Not available.

                                  Niger

Ministere de l'Economie rurale, et du Climat, Niamey, Niger.

                                 Nigeria

Not available.

                                 Norway

The Royal Ministry of Environment, Myntgaten 2, P.O. Box 8012 Oslo-Dep., 
N--Oslo 1, Norway.

                                Pakistan

Mr. A.M. Khattak, Inspector General of Forests/Member Secretary, 
Government of Pakistan, Ministry of Food, Agriculture, Cooperatives, 
Under-Developed Areas and Land Reforms (Food and Agriculture Division), 
National Council for Conservation of Wildlife, Bungalow No.: 4-G, St. 
No.: 51, F.6/Islamabad, Pakistan.

                            Papua New Guinea

The Conservator of Fauna, Department of Natural Resources, P.O. Box 
2585, Konedobu, Papua, New Guinea.

                                Paraguay

Not available.

                                  Peru

Direccion General Forestal y de Fauna, Natalio Sanches 220, 3er. piso, 
Jesus Maria, Lima, Peru.

                              South Africa

The Secretary, Department of Planning and the Environment, Private Bag X 
213, Pretoria 0001, South Africa.

                                 Sweden

Lantbruksstyrelsen, Vallgatan 6, S-551 83 Jonkoping, Sweden.

                               Switzerland

Office veterinaire federal, Thunstrasse 17, 3005 Berne 6, Switzerland.

                                 Tunisia

Direction des Forets, 36, rue Alain Savary, Tunis, Tunisia.

                   Union of Soviet Socialist Republics

Not available.

                          United Arab Emirates

Not available.

          United Kingdom of Great Britain and Northern Ireland

Department of the Environment, 17/19 Rochester Row, London SW1P 1LN, 
England.

                        United States of America

Chief, Federal Wildlife Permit Office, U.S. Fish and Wildlife Service, 
U.S. Department of the Interior, 18th and C Streets NW., Washington, DC 
20240 U.S.A.

                                 Uruguay

Presidente del Instituto Nacional para le Preservacion del Medio 
Ambiente, Ministerio de Education y Cultura, Sarandi 444, Montevideo, 
Uruguay.

[[Page 513]]

                                  Zaire

Le Commissaire d'Etat a l'Environment, Conservation de la Nature et 
Tourisme Boite Postale 12348, Kinshasa/Gombe, Zaire.



             Subpart B--Prohibitions, Permits and Exceptions



Sec. 23.11  Prohibitions.

    (a) Unless the requirements in this part 23 are met, or one of the 
exceptions in this part 23 is applicable, it is unlawful for any person 
subject to the jurisdiction of the United States to commit, attempt to 
commit, solicit another to commit, or cause to be committed any of the 
acts described in paragraphs (b) through (d) of this section.
    (b) Import. (1) It is unlawful to import into the United States any 
wildlife or plant listed in appendix I, II or III (see Sec. 23.23) from 
any foreign country.
    (2) It is unlawful to import directly into the United States any 
wildlife or plant listed in appendix I or II (see Sec. 23.23) taken from 
the sea beyond the jurisdiction of any country.
    (c) Export. It is unlawful to export from the United States any 
wildlife or plant listed in appendix I, II or III (see Sec. 23.23).
    (d) Re-export. It is unlawful to re-export from the United States 
any wildlife or plant listed in appendix I, II or III (see Sec. 23.23).
    (e) Possession. It is unlawful for any person subject to the 
jurisdiction of the United States to possess any wildlife or plant 
listed in appendix I, II or III imported into the United States, or 
exported or re-exported from the United States contrary to the 
provisions of the Convention or this part 23.



Sec. 23.12  Requirements.

    (a) Import--(1) Appendix I. (i) In order to import into the United 
States any wildlife or plant listed in Appendix I from any foreign 
country, a United States import permit, issued pursuant to Sec. 23.15, 
and a valid foreign export permit issued by the country of origin or a 
valid foreign re-export certificate issued by the country of re-export 
must be obtained prior to such importation.
    (ii) In order to import directly into the United States any wildlife 
or plant listed in appendix I taken from the sea beyond the jurisdiction 
of any country, a United States import permit issued pursuant to 
Sec. 23.15 must be obtained prior to such importation.
    (2) Appendix II. (i) In order to import into the United States any 
wildlife or plant listed in appendix II from any foreign country, a 
valid foreign export permit issued by the country of origin, or a valid 
foreign re-export certificate issued by the country of re-export, must 
be obtained prior to such importation.
    (ii) In order to import directly into the United States any wildlife 
or plant listed in Appendix II taken from the sea beyond the 
jurisdiction of any country, a United States import permit issued 
pursuant to Sec. 23.15, must be obtained prior to such importation.
    (3) Appendix III. (i) In order to import into the United States any 
wildlife or plant listed in appendix III from a foreign country that has 
listed such animal or plant in appendix III, a valid foreign export 
permit or re-export certificate issued by such country must be obtained 
prior to such importation.
    (ii) In order to import into the United States any wildlife or plant 
listed in appendix III from a foreign country that has not listed such 
wildlife or plant in appendix III, a valid foreign certificate of origin 
or foreign re-export certificate must be obtained prior to such 
importation.
    (b) Export or re-export--(1) Appendices I and II. In order to export 
or re-export from the United States any wildlife or plant listed in 
appendix I or II, a United States export permit or re-export 
certificate, issued pursuant to Sec. 23.15, must be obtained prior to 
such exportation or re-exportation.
    (2) Appendix III. (i) In order to export or re-export from the 
United States any wildlife or plant listed in appendix III by the United 
States, a United States export permit or re-export certificate issued 
pursuant to Sec. 23.15, must be obtained prior to such exportation or 
re-exportation.
    (ii) In order to export or re-export from the United States any 
wildlife or plant listed in appendix III that has not been listed by the 
United States, a re-export certificate or certificate of origin, issued 
pursuant to Sec. 23.15, must

[[Page 514]]

be obtained prior to such exportation or re-exportation.



Sec. 23.13  Exceptions.

    (a) If any wildlife or plant listed in appendix I, II or III is also 
subject to the regulations in part 17 or part 18 of this subchapter, the 
prohibitions and exceptions in those parts and in part 23 shall apply. 
Exceptions in one part cannot be invoked to allow activities prohibited 
in another part.
    (b) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plant listed in appendix I, II or III that are being transshipped 
through the United States provided such wildlife or plants remain in 
Customs custody.
    (c) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plants when a certificate has been issued by the management authority 
of the country of origin or the country of re-export to the effect that 
the wildlife or plant was acquired prior to the date the Convention 
applied to it. See Sec. 23.15 for rules on the issuance of such 
certificates.
    (d) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plants that are accompanying personal baggage or part of a shipment 
of the household effects of persons moving their residences to or from 
the United States: Provided, That this exception shall not apply to:
    (1) Importation by U.S. residents of wildlife or plants listed in 
appendix I that were acquired outside the United States; or
    (2) Importation by U.S. residents of wildlife or plants listed in 
appendix II that were taken from the wild in a foreign country, if that 
country requires export permits.
    (e) Wildlife or plants listed in appendix I that have been bred in 
captivity or artificially propagated, for commercial activities, shall 
be treated as if listed in appendix II.
    (f) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to wildlife 
or plants when a certificate has been issued by the management authority 
of the country of export to the effect that the wildlife or plant was 
bred in captivity or artificially propagated, or was part of or derived 
therefrom. See Sec. 23.15 for rules on the issuance of such 
certificates.
    (g) The prohibitions in Sec. 23.11 (b) through (d) concerning 
importation, exportation and re-exportation shall not apply to herbarium 
specimens, other preserved, dried or embedded museum specimens, and live 
plant material when they are imported, exported or re-exported as a non-
commercial loan, donation or exchange between scientists or scientific 
institutions that have been registered by a management authority of 
their country, and when a label issued or approved by such management 
authority is clearly affixed to the package or container. See Sec. 23.15 
for rules on registration and issuance or approval of labels.



Sec. 23.14  Foreign documentation.

    (a) Party countries. Only export permits, re-export certificates, 
certificates of origin, or other certificates issued and signed by a 
management authority will be accepted as a valid foreign document from a 
country that is a party to the Convention.
    (b) Countries that are not parties. The requirements in this part 23 
apply to all wildlife and plants listed in appendix I, II or III to the 
Convention, whether the shipment is to or from a country that is party 
to the Convention, or to or from any other country. In the case of a 
shipment from a country not party to the Convention, documents 
containing information corresponding to that required by the regulations 
in this part 23 may be accepted. Such documents may be in the form of an 
export or import permit, a letter from the proper authority, or any 
other form that clearly indicates the nature of the document. Such 
documents must:
    (1) Be issued by an official of the country responsible for 
authorizing the export of such wildlife or plants;
    (2) Specify the species (or taxa to the rank listed in appendix I, 
II or III) and give the numbers of wildlife or plants covered by the 
document; and
    (3) Contain the following statement or its equivalent:


[[Page 515]]


    I, ____________________ (Signing official), hereby certify that the 
shipment of wildlife or plants covered by this document is in accordance 
with the laws of ____________ (Country), will not be detrimental to the 
survival of the species in the wild, and, if living, will be transported 
in a manner which will minimize the risk of injury, damage to health, or 
cruel treatment.



Sec. 23.15  Permits and certificates.

    (a) In order to import, export or re-export wildlife or plants 
listed in appendix I, II or III that are also listed as endangered or 
threatened and subject to regulations in part 17 of this subchapter, the 
requirements in both part 17 and part 23 must be met. A single 
application meeting the appropriate application requirements in part 17 
will also meet the application requirements in part 23.
    (b) In order to import wildlife listed in appendix I, II or III that 
are marine mammals subject to regulations in part 18 of this subchapter, 
the requirements in both part 18 and part 23 must be met. A single 
application meeting the application requirements in part 18 will also 
meet the application requirements in part 23.
    (c) Application requirements for permits or certificates to import, 
export or reexport wildlife or plants listed in appendix I, II or III 
that are not subject to the regulations in part 17 or part 18 of this 
subchapter. Any person subject to the jurisdiction of the United States 
who wishes to get such a permit or certificate submits an application 
under this section to the Director, U.S. Fish and Wildlife Service, 
(Attention: Office of Management Authority), 4401 N. Fairfax Drive, Room 
700, Arlington, VA 22203 by any person subject to the jurisdiction of 
the United States who wishes to get a permit for the activity. The 
Service provides Form 3-200 for the application to which as much of the 
following information relating to the purpose of the permit or 
certificate must be attached.
    (1) The scientific and common names of the species (or taxa to the 
rank listed in appendix I, II or III) sought to be covered by the 
permit, the number of wildlife or plants, and the activity sought to be 
authorized (such as importing, exporting, re-exporting, etc.);
    (2) A statement as to whether the wildlife or plant, at the time of 
application, (i) is living in the wild, (ii) is living but is not in the 
wild, or (iii) is dead;
    (3) A description of the wildlife or plant, including (i) size, (ii) 
sex (if known), and (iii) type of goods, if it is a part or derivative;
    (4) In the case of living wildlife or plants, (i) a description of 
the type, size and construction of any container the wildlife or plant 
will be placed in during transportation; and (ii) the arrangements for 
watering and otherwise caring for the wildlife or plant during 
transportation;
    (5) The name and address of the person in a foreign country to whom 
the wildlife or plant is to be exported from the United States, or from 
whom the wildlife or plant is to be imported into the United States;
    (6) The country and place where the wildlife or plant was or is to 
be taken from the wild;
    (7) In the case of wildlife or plants listed in appendix I to be 
imported into the United States, (i) a statement of the purposes and 
details of the activities for which the wildlife or plant is to be 
imported; (ii) a brief resume of the technical expertise of the 
applicant or other persons who will care for the wildlife or plant; 
(iii) the name, address and a description, including diagrams or 
photographs, of the facility where the wildlife or plant will be 
maintained; and (iv) a description of all mortalities, in the two years 
preceding the date of this application, involving any wildlife species 
covered in the application (or any species of the same genus or family) 
held by the applicant, including the causes and steps taken to avoid 
such mortalities; and
    (8) Copies of documents, sworn affidavits or other evidence showing 
that either (i) the wildlife or plant was acquired prior to the date the 
Convention applied to it, or (ii) the wildlife or plant was bred in 
captivity or artificially propagated, or was part of or derived 
therefrom, or (iii) the wildlife or plant is an herbarium specimen, 
other preserved, dried or embedded museum specimen or live plant 
material to be imported, exported or re-exported as a

[[Page 516]]

non-commercial loan, donation or exchange between scientists or 
scientific institutions.
    (d) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (a), (b) or (c) of this section, the Director 
will decide whether or not a permit or certificate should be issued. In 
making his decision, the Director shall consider in addition to the 
general criteria in Sec. 13.21(b) of this subchapter, the following 
factors:
    (1) Whether the proposed import, export or re-export would be 
detrimental to the survival of the species;
    (2) Whether the wildlife or plant was acquired lawfully;
    (3) Whether any living wildlife or plant to be exported or re-
exported will be so prepared and shipped as to minimize the risk of 
injury, damage to health or cruel treatment;
    (4) Whether any living wildlife or plant to be imported directly 
into the United States from the sea beyond the jurisdiction of any 
country will be so handled as to minimize the risk of injury, damage to 
health or cruel treatment;
    (5) Whether an import permit has been granted by a foreign country, 
in the case of proposed export or re-export from the United States of 
any wildlife or plant listed in Appendix I;
    (6) Whether the proposed recipient of any living wildlife or plant 
listed in Appendix I to be imported into the United States is suitably 
equipped to house and care for such wildlife or plant;
    (7) Whether any wildlife or plant listed in appendix I to be 
imported into the United States is to be used for primarily commercial 
activities; and
    (8) Whether the evidence submitted is sufficient to justify an 
exception, in the case of (i) wildlife or plants that were acquired 
prior to the date the Convention applied to them; (ii) wildlife or 
plants that were bred in captivity or artificially propagated, or were 
part of or derived there from; or (iii) wildlife or plants that are 
herbarium specimens; other preserved, dried or embedded museum 
specimens, or live plant material to be imported, exported or re-
exported as a noncommercial loan, donation or exchange between 
scientists or scientific institutions.
    (9) Whether in the case of wildlife or plants listed in Appendix II, 
they are the subject of a large volume of trade and are not necessarily 
threatened with extinction.
    (e) Permit or certificate conditions. In addition to the general 
criteria set forth in part 13 of this subchapter, permits or 
certificates issued under this section shall be subject to the following 
special conditions:
    (1) Any permit must be presented to a Service agent at a designated 
port of entry upon importation into the United States or prior to 
exportation or re-exportation from the United States:
    (2) Where appropriate and feasible, the Service may require that an 
identifying mark be affixed upon any wildlife or plant;
    (3) In the case of wildlife or plants that are herbarium specimens, 
other preserved, dried or embedded museum specimens, or live plant 
material to be imported, exported or re-exported as a non-commercial 
loan, donation or exchange between scientists or scientific 
institutions, the names and addresses of the consignor and consignee 
must be on each package or container. The letters ``CITES'' (acronym for 
the Convention), a description such as ``herbarium specimens,'' and the 
code letters assigned by the Service to the scientist or scientific 
institution, must be entered on the Customs declaration form affixed to 
each package or container.
    (f) Duration of permits or certificates. The duration of permits or 
certificates issued under this section shall be designated on the face 
of the permit or certificate, but in no case will export permits be 
valid for longer than six months.
    (g) Information collection requirements. The Office of Management 
and Budget approved the information collection requirements contained in 
this part 23 under 44 U.S.C. 3507 and assigned OMB Control Number 1018-
0093. The Service may not conduct or sponsor, and you are not required 
to respond to, a collection of information unless it displays a 
currently valid OMB control number. We are collecting this information 
to

[[Page 517]]

provide information necessary to evaluate permit applications. We will 
use this information to review permit applications and make decisions, 
according to criteria established in various Federal wildlife 
conservation statutes and regulations, on the issuance, suspension, 
revocation, or denial of permits. You must respond to obtain or retain a 
permit. We estimate the public reporting burden for these reporting 
requirements to vary from 20 minutes to 2 hours per response, with an 
average of 1 hour per response, including time for reviewing 
instructions, gathering and maintaining data, and completing and 
reviewing the forms. Direct comments regarding the burden estimate or 
any other aspect of these reporting requirements to the Service 
Information Collection Control Officer, MS-222 ARLSQ, U.S. Fish and 
Wildlife Service, Washington, DC 20240, or the Office of Management and 
Budget, Paperwork Reduction Project (1018-0093), Washington, DC 20603.

[42 FR 10465, Feb. 22, 1977, as amended at 63 FR 52638, Oct. 1, 1998]



 Subpart C--Appendices I, II and III to the Convention on International 
           Trade in Endangered Species of Wild Fauna and Flora



Sec. 23.21  Criteria for listing species. [Reserved]



Sec. 23.22  Procedures for amending the appendices. [Reserved]



Sec. 23.23  Species listed in Appendices I, II, and III.

    (a) The list in this section includes species of wildlife and plants 
placed in Appendix I, II or III in accordance with the provisions of 
Articles XV and XVI of the Convention.
    The list of species is organized as follows:

------------------------------------------------------------------------
               Major group                           Subgroups
------------------------------------------------------------------------
Mammals.................................  Orders, in taxonomic sequence.
Birds...................................  Orders, in taxonomic sequence.
Reptiles................................  Orders, in taxonomic sequence.
Amphibians..............................  Orders, in taxonomic sequence.
Fishes..................................  Orders, in taxonomic sequence.
Molluscs................................  Classes.
Arthropods..............................  Classes.
Plants..................................  Families, in alphabetical
                                           sequence.
------------------------------------------------------------------------


Within each Subgroup, lower taxonomic units (mainly genera, but 
sometimes families or subfamilies) are listed in alphabetical sequence. 
Within genera, the scientific names of the species are listed in 
alphabetical sequence. The scientific name takes precedence over the 
common name in determining if a species is listed.

    (b) The appendix column of the list includes the annotation ``pe'' 
(=possibly extinct) for certain species. It also contains the names of 
Parties including species in Appendix III.
    (c) For purposes of issuing United States certificates of exemption 
under Article VII(3), the date when the Convention applies to a species 
is the date when the inclusion of that species in the appendices enters 
into force under the terms of Article XV or XVI of the Convention. The 
date of first listing is retained if a species is transferred from one 
appendix to another or if a listed species is subsequently included with 
other species in the listing of a taxon above the species level. Such 
species are shown separately in this publication of the appendices. The 
date of a subsequent listing is used only if a species is entirely 
deleted from the appendices and is subsequently reincluded after an 
intervening period of time.
    (d) Subject to the regulations of this part are all living or dead 
animals or plants in Appendix I, II or III, and all their readily 
recognizable parts and derivatives except for specified parts or 
derivatives of particular Appendix III animal species as excluded in the 
particular listing and the following categorically excluded or exempted 
parts or derivatives of certain plants:
    (1) For Appendix II and Appendix III plants and artificially 
propagated hybrids of Appendix I plants: Seedling or tissue cultures 
obtained in vitro, in solid or liquid media, transported in sterile 
containers; and
    (2) For Appendix II and Appendix III plants: Seeds (other than the 
seeds of Mexican Cactaceae originating from Mexico, which are included 
in the Appendices), spores, pollen (including pollinia), and 
artificially propagated cut flowers; and
    (3) For artificially propagated hybrids of Appendix I plants: seeds 
and

[[Page 518]]

pollen (including pollinia) and cut flowers; and
    (4) For artificially propagated or naturalized Appendix II Cactaceae 
species: fruits and their parts and derivatives; for Opuntia subgenus 
Opuntia species, separate stem joints (pads) and their parts and 
derivatives.
    (5) For Orchidaceae species: in Appendix I, seedling or tissue 
cultures obtained in vitro, in solid or liquid media, transported in 
sterile containers; in Appendix II, for artificially propagated Vanilla 
species, the fruits and their parts and derivatives.
    (e) The list of species set out in subsection (f) is informational 
and not regulatory in nature. It is solely intended as a convenience to 
the public. The official list of species included in Appendices I, II, 
and III is the one maintained by the CITES Secretariat based on the 
decisions of the Parties to the Convention.
    (f) The list of species in the Appendices to the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora is 
provided below:

----------------------------------------------------------------------------------------------------------------
                                                                                                         First
                                                                                                        listing
                 Species                            Common name                     Appendix              date
                                                                                                        (month/
                                                                                                       day/year)
----------------------------------------------------------------------------------------------------------------
CLASS MAMMALIA:                           MAMMALS:
Order Monotremata:                        Monotremes:
  Zaglossus spp.........................    Spiny anteaters..............  II........................     2/4/77
Order Dasyuromorphia:                     Dunnarts (Marsupial-mice),
                                           Tasmanian wolf:
  Sminthopsis longicaudata..............    Long-tailed marsupial-mouse,   I.........................     7/1/75
                                           Long-tailed dunnart.
  S. psammophila........................    Large desert marsupial-mouse,  I.........................     7/1/75
                                           Sandhill dunnart.
  Thylacinus cynocephalus...............    Tasmanian wolf, Thylacine....  I pe......................     7/1/75
Order Peramelemorphia:                    Bandicoots:
  Chaeropus ecaudatus...................    Pig-footed bandicoot.........  I pe......................     7/1/75
  Macrotis lagotis......................    Rabbit bandicoot, Bilby......  I.........................     7/1/75
  M. leucura............................    Lesser rabbit bandicoot,       I.........................     7/1/75
                                           Yallara.
  Perameles bougainville................    Barred bandicoot, Long-nosed   I.........................     7/1/75
                                           bandicoot, Mari.
Order Diprotodontia:                      Kangaroos, Wombats, Wallabies,
                                           Cuscuses, Rat-kangaroos, etc.:
  Bettongia spp. (except species listed     Rat-kangaroos................  I.........................    6/28/79
   below).
  B. lesueur............................    Lesueur's rat-kangaroo,        I.........................     7/1/75
                                           Boodie.
  B. penicillata (=tropica).............    Brush-tailed rat-kangaroo,     I.........................     7/1/75
                                           Woylie.
  Caloprymnus campestris................    Desert rat-kangaroo..........  I pe......................     7/1/75
  Dendrolagus inustus...................    Grizzled tree kangaroo.......  II........................     7/1/75
  D. ursinus............................    Vogelkop tree kangaroo.......  II........................     7/1/75
  Lagorchestes hirsutus.................    Western hare wallaby, Wurrup.  I.........................     7/1/75
  Lagostrophus fasciatus................    Banded hare wallaby, Munning.  I.........................     7/1/75
  Lasiorhinus krefftii..................    Queensland hairy-nosed wombat  I.........................     7/1/75
  Onychogalea fraenata..................    Bridled nail-tailed wallaby..  I.........................     7/1/75
  O. lunata.............................    Crescent nail-tailed wallaby.  I.........................     7/1/75
  Phalanger maculatus (see Spilocuscus
   maculatus)
  P. orientalis.........................    Gray cuscus..................  II........................    6/28/79
  Spilocuscus maculatus.................    Spotted cuscus...............  II........................    6/28/79
Order Scandentia                          Tree shrews                      II........................     2/4/77
  Tupaiidae spp.........................    Tree shrews..................  II........................     2/4/77
Order Chiroptera:                         Bats:
  Acerodon spp. (all species except         Flying foxes.................  II........................    1/18/90
   those in App. I).
  A. jubatus............................    Golden-capped fruit bat......  I.........................    1/18/90
  A. lucifer............................    Panay giant fruit bat........  I pe......................    1/18/90
  Pteropus spp. (all species except         Flying foxes.................  II........................    1/18/90
   those in App. I or with earlier date
   in App. II).
  P. insularis..........................    Truk flying fox..............  I.........................   10/22/87
  P. macrotis...........................    Big-eared flying fox.........  II........................   10/22/87
  P. mariannus..........................    Mariana flying fox, Mariana    I.........................   10/22/87
                                           fruit bat.
  P. molossinus.........................    Ponape flying fox............  I.........................   10/22/87
  P. phaeocephalus......................    Mortlock flying fox..........  I.........................   10/22/87
  P. pilosus............................    Palau flying fox.............  I.........................   10/22/87
  P. samoensis..........................    Samoa flying fox.............  I.........................   10/22/87
  P. tokudae............................    Little Mariana fruit bat,      II........................   10/22/87
                                           Tokuda's flying fox.
  P. tonganus...........................    Insular flying fox, Tonga      I.........................   10/22/87
                                           fruit bat.
  Vampyrops lineatus....................    White-lined bat..............  III (Uruguay).............    7/14/76

[[Page 519]]

 
Order Primates (formerly including order  Primates: Monkeys, Apes, etc.:
 Scandentia, above):
  All species of primates except those      All monkeys, apes, etc. not    II........................     2/4/77
   in App. I or with earlier date in       listed below.
   App. II.
  Allocebus spp.........................    Hairy-eared dwarf lemurs.....  I.........................     7/1/75
  Alouatta palliata (=villosa)..........    Mantled howler monkey........  I.........................     7/1/75
  A. pigra..............................    Black howler monkey..........  I.........................     7/1/75
  Ateles geoffroyi frontatus............    Black-handed spider monkey...  I.........................     7/1/75
  A. geoffroyi panamensis...............    Black-handed spider monkey...  I.........................     7/1/75
  Avahi spp.............................    Avahis, Woolly lemurs........  I.........................     7/1/75
  Brachyteles arachnoides...............    Woolly spider monkey.........  I.........................     7/1/75
  Cacajao spp...........................    Uakaris......................  I.........................     7/1/75
  Callimico goeldii.....................    Goeldi's monkey, Callimico...  I.........................     7/1/75
  Callithrix aurita (=C. jacchus aurita)    White-eared marmoset.........  I.........................     2/4/77
  C. flaviceps (=C. jacchus flaviceps)..    Buff-headed marmoset.........  I.........................     2/4/77
  Cebus capucinus.......................    White-throated capuchin......  II........................     7/1/75
  Cercocebus galeritus galeritus........    Tana River mangabey, AgilL     I.........................     7/1/75
                                           Langabey.
  Cercopithecus diana (=C. roloway).....    Diana monkey.................  I.........................     2/4/77
  Cheirogaleus spp......................    Dwarf lemurs.................  I.........................     7/1/75
  Chiropotes albinasus..................    White-nosed saki.............  I.........................     7/1/75
  Colobus (see Procolobus)
  Daubentonia madagascariensis..........    Aye-aye......................  I.........................     7/1/75
  Eulemur spp...........................    Lemurs.......................  I.........................     7/1/75
  Gorilla gorilla.......................    Gorilla......................  I.........................     7/1/75
  Hapalemur spp.........................    Gentle lemurs................  I.........................     7/1/75
  Hylobates spp.........................    Gibbons, Siamang.............  I.........................     7/1/75
  Indri spp.............................    Indri........................  I.........................     7/1/75
  Lagothrix flavicauda..................    Yellow-tailed woolly monkey..  I.........................     2/4/77
  Lemur spp.............................    Lemurs.......................  I.........................     7/1/75
  Leontopithecus (=Leontideus) spp......    Golden lion tamarins.........  I.........................     7/1/75
  Lepilemur spp.........................    Sportive lemur, Weasel lemur.  I.........................     7/1/75
  Loris tardigradus.....................    Slender loris................  II........................     7/1/75
  Macaca silenus........................    Lion-tailed macaque..........  I.........................     7/1/75
  M. sylvanus...........................    Barbary ape..................  II........................     7/1/75
  Mandrillus leucophaeus................    Drill........................  I.........................     2/4/77
  M. sphinx.............................    Mandrill.....................  I.........................     2/4/77
  Microcebus spp........................    Mouse lemurs.................  I.........................     7/1/75
  Nasalis (=Simias) concolor............    Pagi Island langur...........  I.........................     7/1/75
  N. larvatus...........................    Proboscis monkey.............  I.........................     7/1/75
  Nycticebus coucang....................    Slow loris...................  II........................     7/1/75
  Pan spp...............................    Chimpanzee, Bonobo...........  I.........................     7/1/75
  Papio (see Mandrillus)
  Phaner spp............................    Fork-marked mouse lemurs.....  I.........................     7/1/75
  Pongo pygmaeus........................    Orangutan....................  I.........................     7/1/75
  Presbytis entellus (see Semnopithecus
   entellus)
  P. pileata (see Trachypithecus
   pileatus)
  P. potenziani.........................    Long-tailed langur, Mentawai   I.........................     2/4/77
                                           leaf monkey.
  Presbytis (other species) (see
   Trachypithecus)
  Procolobus badius gordonorum..........    Uhehe red colobus............  II........................     7/1/75
  P. pennantii kirki (=C. badius kirkii)    Zanzibar reL Lolobus.........  I.........................     7/1/75
  P. rufomitratus (=C. badius               Tana River red colobus.......  I.........................     7/1/75
   rufomitratus).
  P. verus..............................    Olive colobus................  II........................     7/1/75
  Propithecus spp.......................    Sifakas......................  I.........................     7/1/75
  Pygathrix (=Rhinopithecus) spp.           Snub-nosed langurs...........  I.........................     2/4/77
   (except those species with earlier
   date).
  P. nemaeus............................    Douc langur..................  I.........................     7/1/75
  P. roxellana..........................    Sichuan snub-nosed langur....  I.........................     7/1/75
  Saguinus bicolor......................    Pied tamarin.................  I.........................     2/4/77
  S. geoffroyi..........................    Geoffroy's marmoset..........  I.........................     2/4/77
  S. leucopus...........................    White-footed tamarin, Silvery- I.........................     2/4/77
                                           brown bare-face tamarin.
  S. oedipus (including S. oedipus          Cotton-top tamarin...........  I.........................     2/4/77
   geoffroyi).
  Saimiri oerstedii.....................    Red-backed squirrel monkey...  I.........................     7/1/75
  Semnopithecus entellus................    Gray langur, Common Indian     I.........................     7/1/75
                                           langur.
  Symphalangus (see Hylobates)
  Trachypithecus geei...................    Golden langur................  I.........................     7/1/75
  T. johnii.............................    Nilgiri langur...............  II........................     7/1/75
  T. pileatus...........................    Capped langur................  I.........................     7/1/75
  Tupaiidae spp. (see Order Scandentia,
   above).
  Varecia spp...........................    Lemurs.......................  I.........................     7/1/75

[[Page 520]]

 
Order Xenarthra:                          Anteaters, Sloths, Armadillos:
  Bradypus variegatus (=boliviensis or      Three-toed sloth.............  II........................     7/1/75
   griseus).
  Cabassous centralis...................    Five-toed armadillo..........  III (Costa Rica)..........   10/28/76
  C. tatouay (=gymnurus)................    Naked-tailed armadillo.......  III (Uruguay).............    7/14/76
  Chaetophractus nationi (subject to a      Hairy armadillo..............  II........................    9/18/97
   zero export quota).
  Choloepus hoffmanni...................    Two-toed sloth...............  III (Costa Rica)..........   10/28/76
  Myrmecophaga tridactyla...............    Giant anteater...............  II........................     7/1/75
  Priodontes maximus (=giganteus).......    Giant armadillo..............  I.........................     7/1/75
  Tamandua tetradactyla (=T. mexicana)..    Tamandua, Collared anteater..  III (Guatemala)...........    4/23/81
Order Pholidota:                          Pangolins, Scaly Anteaters:
  Manis spp.............................    Pangolins....................  II........................     7/1/75
Order Lagomorpha:                         Rabbits, Hares:
  Caprolagus hispidus...................    Hispid hare, Assam rabbit....  I.........................     7/1/75
  Romerolagus diazi.....................    Mexican volcano rabbit.......  I.........................     7/1/75
Order Rodentia:                           Rodents:
  Agouti (=Cuniculus) paca..............    Greater paca, Spotted cavy...  III (Honduras)............    4/13/87
  Anomalurus beecrofti..................    Beecroft's scaly-tailed        III (Ghana)...............    2/26/76
                                           flying squirrel.
  A. derbianus..........................    Lord Derby's scaly-tailed      III (Ghana)...............    2/26/76
                                           flying squirrel.
  A. pelii..............................    Pel's scaly-tailed flying      III (Ghana)...............    2/26/76
                                           squirrel.
  Chinchilla spp. (populations of South     Chinchillas..................  I.........................     2/4/77
   America, except domesticated
   specimens).
  Cynomys mexicanus.....................    Mexican prairie dog..........  I.........................     7/1/75
  Dasyprocta punctata...................    Common agouti................  III (Honduras)............    4/13/87
  Epixerus ebii.........................    African palm squirrel........  III (Ghana)...............    2/26/76
  Hystrix cristata......................    Crested porcupine............  III (Ghana)...............    2/26/76
  Idiurus macrotis......................    Long-eared pygmy flying        III (Ghana)...............    2/26/76
                                           squirrel.
  Leporillus conditor...................    Australian stick-nest rat....  I.........................     7/1/75
  Marmota caudata.......................    Long-tailed marmot...........  III (India)...............    3/16/89
  M. himalayana.........................    Himalayan marmot.............  III (India)...............    3/16/89
  Pseudomys praeconis...................    Shark Bay mouse..............  I.........................     7/1/75
  Ratufa spp............................    Giant squirrels..............  II........................     7/1/75
  Sciurus deppei........................    Deppe's squirrel.............  III (Costa Rica)..........   10/28/76
  Sphiggurus (=Coendou) mexicanus.......    Middle American prehensile-    III (Honduras)............    4/13/87
                                           tailed porcupine, Coendou.
  S. (=Coendou) spinosus................    Prehensile-tailed porcupine..  III (Uruguay).............    7/14/76
  Xeromys myoides.......................    False water rat..............  I.........................     7/1/75
  Zyzomys pedunculatus..................    Australian native mouse,       I.........................     7/1/75
                                           McDonnell Range rock rat.
Order Cetacea:                            Whales, Porpoises, Dolphins:
  All species except those in App. I or     All whales, porpoises, and     II........................    6/28/79
   with earlier date in App. II.           dolphins not listed below.
  Balaena mysticetus....................    Bowhead whale................  I.........................     7/1/75
  Balaenoptera acutorostrata (all           Minke whale..................  I.........................    6/28/79
   populations except that of West
   Greenland: entry into force as App. I
   on 1/1/86).
  B. borealis...........................    Sei whale....................  I.........................     2/4/77
  B. edeni..............................    Bryde's whale................  I.........................    6/28/79
  B. musculus...........................    Blue whale...................  I.........................     7/1/75
  B. physalus...........................    Fin whale....................  I.........................     2/4/77
  Berardius spp.........................    Beaked whales................  I.........................    6/28/79
  Caperea marginata (entry into force as    Pygmy right whale............  I.........................    6/28/79
   App. I on 1/1/86).
  Eschrichtius robustus (=glaucus)......    Gray whale...................  I.........................     7/1/75
  Eubalaena (=Balaena) spp..............    Right whales.................  I.........................     7/1/75
  Hyperoodon spp........................    Bottle-nosed whales..........  I.........................    6/28/79
  Lipotes vexillifer....................    White flag dolphin, Chinese    I.........................    6/28/79
                                           river dolphin.
  Megaptera novaeangliae................    Humpback whale...............  I.........................     7/1/75
  Monodon monoceros.....................    Narwhal......................  II........................   11/16/75
  Neophocaena phocaenoides..............    Finless porpoise.............  I.........................    6/28/79
  Phocoena sinus........................    Gulf of California harbor      I.........................    6/28/79
                                           porpoise, Cochita.
  Physeter catodon (=macrocephalus).....    Sperm whale..................  I.........................     2/4/77
  Platanista spp........................    Ganges and Indus River         I.........................     7/1/75
                                           dolphins.
  Pontoporia (=Stenodelphis) blainvillei    La Plata River dolphin.......  II........................    7/14/76
  Sotalia spp...........................    Humpbacked dolphins..........  I.........................    6/28/79

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  Sousa spp.............................    Humpbacked dolphins..........  I.........................    6/28/79
Order Carnivora:                          Carnivores: Cats, Bears, etc.:
  Acinonyx jubatus......................    Cheetah......................  I.........................     7/1/75
  Ailuropoda melanoleuca................    Giant panda..................  I.........................    3/14/84
  Ailurus fulgens.......................    Lesser panda.................  I.........................     7/1/75
  Aonyx congicus (=microdon)                West African ``clawless''      I.........................     7/1/75
   (populations of Cameroon and Nigeria).  otter.
  Arctictis binturong...................    Binturong....................  III (India)...............    3/16/89
  Bassaricyon gabbii....................    Bushy-tailed olingo..........  III (Costa Rica)..........   10/28/76
  Bassariscus sumichrasti...............    Cacomistle...................  III (Costa Rica)..........   10/28/76
  Canis aureus..........................    Golden jackal................  III (India)...............    3/16/89
  C. lupus (all subspecies and              Gray wolf....................  II........................     2/4/77
   populations except those listed
   below).
  C. lupus (India, Pakistan, Bhutan, and    Gray wolf....................  I.........................     2/4/77
   Nepal populations).
  C. lupus crassodon....................    Gray wolf, Vancouver Island    II........................     7/1/75
                                           gray wolf.
  C. lupus irremotus....................    Gray wolf, Rocky Mountain      II........................     7/1/75
                                           gray wolf.
  C. lupus monstrabilis.................    Gray wolf....................  II........................     7/1/75
  C. lupus pallipes.....................    Gray wolf, Middle East gray    II........................     7/1/75
                                           wolf.
  Caracal (=Felis) caracal (Asian           Caracal......................  I.........................     7/1/75
   population).
  Catopuma (=Felis) temminckii..........    Asian golden cat.............  I.........................     7/1/75
  Cerdocyon thous.......................    Crab-eating fox..............  II........................    6/11/92
  Chrysocyon brachyurus.................    Maned wolf...................  II........................     7/1/75
  Civettictis (=Viverra) civetta........    African civet................  III (Botswana)............    4/24/78
  Conepatus humboldtii..................    Humboldt's hognose skunk.....  II........................    6/28/79
  Cryptoprocta ferox....................    Fossa........................  II........................     2/4/77
  Cuon alpinus..........................    Dhole........................  II........................     7/1/75
  Cynogale bennettii....................    Otter civet..................  II........................     7/1/75
  Dusicyon thous (see Cerdocyon thous)
  Dusicyon (other species) (see
   Pseudalopex)
  Eira barbara..........................    Tayra........................  III (Honduras)............    4/13/87
  Enhydra lutris nereis.................    Southern sea otter...........  I.........................     7/1/75
  Eupleres goudotii (=major)............    Malagasy mongoose............  II........................     2/4/77
  Felidae spp. (all species in family       Cats (not including House      II........................     2/4/77
   except Felis catus or those in App. I   cats).
   or with earlier date in App. II).
  Felis (see also the following genera,
   formerly included in Felis: Caracal,
   Catopuma, Herpailurus, Leopardus,
   Lynx, Oncifelis, Oreailurus,
   Pardofelis, Prionailurus, and Puma)
  F. nigripes...........................    Black-footed cat.............  I.........................     7/1/75
  Fossa fossana (=fossa)................    Fanaloka.....................  II........................     2/4/77
  Galictis vittata (=allamandi).........    Grison.......................  III (Costa Rica)..........   10/28/76
  Helarctos malayanus...................    Sun bear.....................  I.........................     7/1/75
  Hemigalus derbyanus...................    Banded palm civet............  II........................     2/4/77
  Herpailurus (=Felis) yaguarondi (North    Jaguarundi...................  I.........................     7/1/75
   and Central American populations).
  H. yaguarondi (South American             Jaguarundi...................  II........................     7/1/75
   populations).
  Herpestes brachyurus fusca (=H.           Indian brown mongoose........  III (India)...............    3/16/89
   fuscus).
  H. edwardsii..........................    Indian gray mongoose.........  III (India)...............    3/16/89
   H. javanicus auropunctata (=H.           Small Indian mongoose........  III (India)...............    3/16/89
   auropunctatus).
  H. smithii............................    Ruddy mongoose...............  III (India)...............    3/16/89
  H. urva...............................    Crab-eating mongoose.........  III (India)...............    3/16/89
  H. vitticollis........................    Stripe-necked mongoose.......  III (India)...............    3/16/89
  Hyaena (see Parahyaena)
  Leopardus (=Felis) pardalis (except       Ocelot.......................  I.........................     2/4/77
   subspecies with earlier date).
  L. pardalis mearnsi...................    Ocelot.......................  I.........................     7/1/75
  L. pardalis mitis.....................    Brazilian ocelot.............  I.........................     7/1/75
  L. tigrinus (=Felis tigrina) (except      Tiger cat, Little spotted cat  I.........................     2/4/77
   subspecies with earlier date).
  L. tigrinus oncilla...................    Tiger cat....................  I.........................     7/1/75
  L. wiedii (except subspecies with         Margay.......................  I.........................     2/4/77
   earlier date).
  L. wiedii nicaraguae..................    Central American margay......  I.........................     7/1/75
  L. wiedii salvinia....................    Guatemalan margay............  I.........................     7/1/75
  Lontra felina.........................    Marine otter.................  I.........................     7/1/75
  L. longicaudis........................    Long-tailed otter,             I.........................     7/1/75
                                           Neotropical otter.
  L. provocax...........................    Southern river otter, South    I.........................     7/1/75
                                           American river otter.

[[Page 522]]

 
  Lutra lutra...........................    European river otter.........  I.........................     2/4/77
  Lutra (other species) (see Lontra)
  Lutrinae spp. (all species except         Otters.......................  II........................     2/4/77
   those in App. I).
  Lynx pardinus (=Felis pardina)........    Spanish lynx, Iberian lynx...  I.........................     2/4/77
  L. rufus (=Felis rufa) escuinapae.....    Mexican bobcat...............  II........................     7/1/75
  Martes flavigula (including M.            Yellow-throated marten.......  III (India)...............    3/16/89
   gwatkinsi).
  M. foina intermedia...................    Beech marten.................  III (India)...............    3/16/89
  Mellivora capensis....................    Honey badger, Ratel..........  III (Ghana and Botswana)..    2/26/76
  Melursus (=Ursus) ursinus.............    Sloth bear...................  I.........................    9/21/88
  Mustela altaica.......................    Mountain weasel..............  III (India)...............    3/16/89
  M. erminea ferghanae..................    Ermine.......................  III (India)...............    3/16/89
  M. kathiah............................    Yellow-bellied weasel........  III (India)...............    3/16/89
  M. nigripes...........................    Black-footed ferret..........  I.........................     7/1/75
  M. sibirica...........................    Siberian weasel..............  III (India)...............    3/16/89
  Nasua narica..........................    Common coati, Coatimundi.....  III (Honduras)............    4/13/87
  N. nasua solitaria....................    Coatimundi...................  III (Uruguay).............    7/14/76
  Neofelis nebulosa.....................    Clouded leopard..............  I.........................     7/1/75
  Oncifelis (=Felis) geoffroyi..........    Geoffroy's cat...............  I.........................     2/4/77
  Oreailurus (=Felis) jacobita..........    Andean cat...................  I.........................     7/1/75
  Paguma larvata........................    Masked palm civet............  III (India)...............    3/16/89
  Panthera leo persica..................    Asiatic lion, Indian lion....  I.........................     7/1/75
  P. onca...............................    Jaguar.......................  I.........................     7/1/75
  P. pardus.............................    Leopard......................  I.........................     7/1/75
  P. tigris.............................    Tiger........................  I.........................     7/1/75
  P. uncia (see Uncia uncia)............
  Paradoxurus hermaphroditus............    Common palm civet............  III (India)...............    3/16/89
  P. jerdoni............................    Jerdon's palm civet..........  III (India)...............    3/16/89
  Parahyaena brunnea....................    Brown hyaena.................  II........................     7/1/75
  Pardofelis (=Felis) marmorata.........    Marbled cat..................  I.........................     7/1/75
  Potos flavus..........................    Kinkajou.....................  III (Honduras)............    4/13/87
  Prionailurus (=Felis) bengalensis         Leopard cat..................  I.........................     7/1/75
   bengalensis (Bangladesh, India, and
   Thailand populations).
  P. bengalensis bengalensis (all other     Leopard cat..................  II........................     7/1/75
   populations).
  P. planiceps..........................    Flat-headed cat..............  I.........................     7/1/75
  P. rubiginosus (=Felis rubiginosa)        Rusty-spotted cat............  I.........................     2/4/77
   (Indian population).
  Prionodon linsang.....................    Banded linsang...............  II........................     7/1/75
  P. pardicolor.........................    Spotted linsang..............  I.........................     7/1/75
  Proteles cristatus....................    Aardwolf.....................  III (Botswana)............    4/24/78
  Pseudalopex culpaeus..................    Culpeo fox...................  II........................    6/28/79
  P. griseus (=fulvipes)................    Argentine gray fox...........  II........................    6/28/79
  P. gymnocercus........................    Pampas fox...................  II........................   10/22/87
  Pteronura brasiliensis................    Giant otter..................  I.........................     7/1/75
  Puma (=Felis) concolor coryi..........    Florida panther, Florida puma  I.........................     7/1/75
  P. concolor costaricensis.............    Costa Rican puma.............  I.........................     7/1/75
  P. concolor couguar...................    Eastern puma, Adirondack       I.........................     7/1/75
                                           cougar.
  Selenarctos thibetanus (see Ursus
   thibetanus)
  Speothos venaticus....................    Bush dog.....................  I.........................     2/4/77
  Tremarctos ornatus....................    Spectacled bear..............  I.........................     2/4/77
  Uncia uncia...........................    Snow leopard.................  I.........................     7/1/75
   Ursidae spp. (all species in family      Bears........................  II........................    6/11/92
   except those in App. I or with
   earlier date in App. II; includes
   Baltic States and former USSR
   populations).
  Ursus americanus......................    American black bear..........  II........................    9/18/91
  U. arctos (all Asian populations,         Brown bear...................  II........................    1/18/90
   including populations of Iran, Iraq,
   Syria, Turkey, and the former USSR,
   except populations and subspecies
   listed in App. I).
  U. arctos (all European populations       European Brown Bear..........  II........................    7/29/83
   except Italian population and former
   USSR populations).
  U. arctos (all North American             Brown bear, Grizzly bear.....  II........................     7/1/75
   populations except U. a. nelsoni).
  U. arctos (all populations of Bhutan,     Brown bear...................  I.........................    1/18/90
   Mongolia, and China except subspecies
   with earlier date).
  U. arctos (Italian population)........    European brown bear..........  II........................     7/1/75
  U. arctos isabellinus.................    Red bear.....................  I.........................    6/28/79
  U. arctos nelsoni.....................    Mexican grizzly bear.........  I.........................     7/1/75
  U. arctos pruinosus...................    Tibetan blue bear............  I.........................     7/1/75
  U. (=Thalarctos) maritimus............    Polar bear...................  II........................     7/1/75
  U. thibetanus (except subspecies          Asiatic black bear...........  I.........................    6/28/79
   listed below).
  U. thibetanus gedrosianus.............    Baluchistan black bear.......  I.........................     2/4/77
  Viverra civettina (=megaspila)........    Malabar large-spotted civet..  III (India)...............    3/16/89

[[Page 523]]

 
  V. zibetha............................    Large Indian civet...........  III (India)...............    3/16/89
  Viverricula indica....................    Lesser oriental civet, Small   III (India)...............    3/16/89
                                           Indian civet.
  Vulpes bengalensis....................    Bengal fox...................  III (India)...............    3/16/89
  V. cana...............................    Blanford's fox...............  II........................     2/4/77
  V. vulpes griffithi...................    Griffith's red fox...........  III (India)...............    3/16/89
  V. vulpes montana.....................    Montane red fox..............  III (India)...............    3/16/89
  V. vulpes pusilla (= leucopus)........    Little red fox...............  III (India)...............    3/16/89
  V. (=Fennecus) da.....................    Fennec fox...................  II........................    4/22/76
Order Pinnipedia:                         Seals, Sea lions:
  Arctocephalus spp. (except species        Southern fur seals...........  II........................     2/4/77
   listed below).
  A. australis..........................    Southern fur seal............  II........................     7/1/75
  A. galapagoensis......................    Galapagos fur seal...........  II........................     7/1/75
  A. philippii..........................    Juan Fernandez fur seal......  II........................     7/1/75
  A. townsendi..........................    Guadalupe fur seal...........  I.........................     7/1/75
  Mirounga leonina......................    Southern elephant seal.......  II........................     7/1/75
  Monachus spp..........................    Monk seals...................  I.........................     7/1/75
  Odobenus rosmarus.....................    Walrus.......................  III (Canada)..............   11/16/75
Order Proboscidea:                        Elephants:
  Elephas maximus.......................    Asian elephant...............  I.........................     7/1/75
  Loxodonta africana (except populations    African elephant.............  I.........................     2/4/77
   of Botswana, Namibia, and Zimbabwe).
  L. africana [only the populations of      African elephant.............  II........................     2/4/77
   Botswana, Namibia, and Zimbabwe, to
   allow: 1) export of hunting trophies
   for non-commercial purposes; 2)
   export of live animals to appropriate
   and acceptable destinations (Namibia:
   for non-commercial purposes only); 3)
   export of hides (Zimbabwe only); 4)
   export of leather goods and ivory
   carvings for non-commercial purposes
   (Zimbabwe only). No international
   trade in ivory is permitted before 18
   months after the transfer to Appendix
   II comes into effect (i.e., March 18,
   1999). Thereafter, under experimental
   quotas for raw ivory not exceeding
   25.3 tons (Botswana), 13.8 tons
   (Namibia) and 20 tons (Zimbabwe), raw
   ivory may be exported only to Japan,
   subject to the conditions established
   in Decision of the Conference of the
   Parties regarding ivory No. 10.1.
   Specimens not meeting any of the
   above conditions shall be deemed to
   be specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly]..
Order Sirenia:                            Dugongs, Manatees:
  Dugong dugon (except for Australian       Dugong.......................  I.........................     7/1/75
   population).
  D. dugon (Australian population)......    Dugong.......................  II........................     7/1/75
  Trichechus inunguis...................    South American manatee,        I.........................     7/1/75
                                           Amazonian manatee.
  T. manatus............................    West Indian manatee..........  I.........................     7/1/75
  T. senegalensis.......................    West African manatee.........  II........................     7/1/75
Order Perissodactyla:                     Odd-toed ungulates:
  Ceratotherium simum cottoni...........    Northern white rhinoceros....  I.........................     7/1/75
  C. s. simum (population of South          Southern white rhinoceros....  II........................     2/4/77
   Africa) (no trade allowed, except for
   hunting trophies and for the sale of
   live animals to appropriate and
   acceptable destinations).
  Dicerorhinus (=Didermocerus)              Sumatran rhinoceros..........  I.........................     7/1/75
   sumatrensis.
  Diceros bicornis......................    Black rhinoceros.............  I.........................     7/1/75
  Equus africanus (=E. asinus)..........    African wild ass.............  I.........................    7/29/83
  E. grevyi.............................    Grevy's zebra................  I.........................    6/28/79
  E. hemionus (except subspecies listed     Asian wild ass...............  II........................     7/1/75
   below).
  E. hemionus hemionus..................    Asian wild ass...............  I.........................     7/1/75
  E. hemionus khur (see E. onager khur)
  E. kiang (=hemionus) (except              Kiang........................  II........................     7/1/75
   subspecies listed below).
  E. kiang khur (see E. onager khur)
  E. onager (=hemionus) (except             Onager.......................  II........................     7/1/75
   subspecies listed below).
  E. onager khur........................    Onager.......................  I.........................     7/1/75
  E. przewalskii........................    Przewalski's horse...........  I.........................     7/1/75
  E. zebra hartmannae...................    Hartmann's mountain zebra....  II........................    6/28/79
  E. zebra zebra........................    Cape mountain zebra..........  I.........................     7/1/75

[[Page 524]]

 
  Rhinocerotidae spp. (all species and      Rhinoceroses.................  I.........................     2/4/77
   populations in the family except
   those in App. II or with earlier date
   in App. I).
  Rhinoceros sondaicus..................    Javan rhinoceros.............  I.........................     7/1/75
  R. unicornis..........................    Great Indian one-horned        I.........................     7/1/75
                                           rhinoceros.
  Tapirus spp. (except for species          Tapirs.......................  I.........................     7/1/75
   listed below).
  T. terrestris.........................    South American tapir.........  II........................     7/1/75
Order Artiodactyla:                       Even-toed ungulates:
  Addax nasomaculatus...................    Addax........................  I.........................     7/1/75
  Ammotragus lervia.....................    Barbary sheep, Aoudad........  II........................    4/22/76
  Antilocapra americana (Mexican            Mexican pronghorn............  I.........................     7/1/75
   population).
  Antilope cervicapra...................    Blackbuck antelope...........  III (Nepal)...............   11/16/75
  Axis porcinus annamiticus.............    Indochina hog deer...........  I.........................     7/1/75
  A. porcinus calamianensis.............    Calamianes deer..............  I.........................     7/1/75
  A. porcinus kuhli.....................    Kuhl's deer, Bawean hog deer.  I.........................     7/1/75
  Babyrousa babyrussa...................    Babirusa.....................  I.........................     7/1/75
  Blastocerus dichotomus................    Marsh deer...................  I.........................     7/1/75
  Bison bison athabascae................    Wood bison...................  II........................     7/1/75
  Boocercus (see Tragelaphus)
  Bos frontalis (see B. gaurus)
  B. gaurus.............................    Seladang, Gaur...............  I.........................     7/1/75
  B. grunniens (see B. mutus)
  B. mutus (excluding domestic forms)...    Wild yak.....................  I.........................     7/1/75
  B. (=Novibos) sauveli.................    Kouprey......................  I.........................     7/1/75
  Bubalus arnee (formerly listed as B.      Water buffalo................  III (Nepal)...............   11/16/75
   bubalis, a non-protected,
   domesticated form).
  B. (=Anoa) depressicornis.............    Lowland anoa.................  I.........................     7/1/75
  B. (=Anoa) mindorensis................    Tamaraw......................  I.........................     7/1/75
  B. (=Anoa) quarlesi...................    Mountain anoa................  I.........................     7/1/75
  Budorcas taxicolor....................    Takin........................  II........................     8/1/85
  Capra falconeri.......................    Markhor......................  I.........................     7/1/75
  Capricornis sumatraensis (see
   Naemorhedus sumatraensis)
  Catagonus wagneri.....................    Chacoan peccary, Giant         I.........................   10/22/87
                                           peccary.
  Cephalophus dorsalis..................    Bay duiker...................  II........................    7/29/83
  C. jentinki...........................    Jentink's duiker.............  I.........................    7/29/83
  C. monticola..........................    Blue duiker..................  II........................     7/1/75
  C. ogilbyi............................    Ogilby's duiker..............  II........................    7/29/83
  C. sylvicultor........................    Yellow-backed duiker.........  II........................    7/29/83
  C. zebra..............................    Zebra-banded duiker..........  II........................    7/29/83
  Cervus dama mesopotamicus (see Dama
   mesopotamica)
  C. duvaucelii.........................    Swamp deer...................  I.........................     7/1/75
  C. elaphus bactrianus.................    Bactrian deer................  II........................     7/1/75
  C. elaphus barbarus...................    Barbary deer.................  III (Tunisia).............    4/22/76
  C. elaphus hanglu.....................    Kashmir stag.................  I.........................     7/1/75
  C. eldii..............................    Eld's brow-antlered deer.....  I.........................     7/1/75
  C. porcinus (see Axis porcinus)
  Choeropsis liberiensis (see
   Hexaprotodon liberiensis)
  Dama mesopotamica.....................    Persian fallow deer..........  I.........................     2/4/77
  Damaliscus dorcas dorcas (see D.
   pygargus dorcas)
  D. lunatus............................    Sassaby antelope, Korrigum...  III (Ghana)...............    2/26/76
  D. pygargus dorcas....................    Bontebok.....................  II........................     7/1/75
  Gazella cuvieri (=G. gazella cuvieri).    Mountain gazelle.............  III (Tunisia).............    4/22/76
  G. dama...............................    Dama gazelle.................  I.........................    7/29/83
  G. dorcas.............................    Dorcas gazelle...............  III (Tunisia).............    4/22/76
  G. leptoceros.........................    Slender-horned gazelle.......  III (Tunisia).............    4/22/76
  Hexaprotodon liberiensis..............    Pygmy hippopotamus...........  II........................     7/1/75
  Hippocamelus spp......................    Huemals......................  I.........................     7/1/75
  Hippopotamus amphibius................    Hippopotamus.................  II........................    2/26/76
  Hippotragus niger variani.............    Giant sable antelope.........  I.........................     7/1/75
  Hyemoschus aquaticus..................    Water chevrotain.............  III (Ghana)...............    2/26/76
  Kobus leche...........................    Lechwe.......................  II........................     7/1/75
  Lama guanicoe.........................    Guanaco......................  II........................    8/12/78
  Mazama americana cerasina.............    Red brocket deer.............  III (Guatemala)...........    4/23/81
  Megamuntiacus vuquanghensis...........    Giant muntjac................  I.........................    2/16/95
  Moschus spp. (all except populations      Musk deer....................  II........................    2/16/79
   in App. I).
  Moschus spp. (populations of              Musk deer....................  I.........................     7/1/75
   Afghanistan, Bhutan, India, Myanmar,
   Nepal, and Pakistan).
  Muntiacus crinifrons..................    Black muntjac................  I.........................     8/1/85
  Naemorhedus baileyi...................    Goral........................  I.........................     7/1/75

[[Page 525]]

 
  N. caudatus...........................    Goral........................  I.........................     7/1/75
  N. sumatraensis.......................    Serow........................  I.........................     7/1/75
  N. goral..............................    Goral........................  I.........................     7/1/75
  Nemorhaedus (see Naemorhedus)
  Odocoileus virginianus mayensis.......    Whitetail deer...............  III (Guatemala)...........    4/23/81
  Oryx dammah (=O. tao).................    Scimitar-horned oryx.........  I.........................     7/1/75
  O. leucoryx...........................    Arabian oryx.................  I.........................     7/1/75
  Ovis ammon (except subspecies listed      Argali.......................  II........................     7/1/75
   below).
  O. ammon hodgsonii....................    Tibetan argali...............  I.........................     7/1/75
  O. ammon nigrimontana.................    Kara Tau argali..............  I.........................     7/1/75
  O. aries ophion (=O. musimon ophion)
   (see O. orientalis ophion)
  O. canadensis (Mexican population)....    Mexican bighorn sheep........  II........................     7/1/75
  O. orientalis ophion..................    Cyprian red sheep............  I.........................     7/1/75
  O. vignei vignei......................    Shapo........................  I.........................     7/1/75
  Ozotoceros bezoarticus................    Pampas deer..................  I.........................     7/1/75
  Pantholops hodgsonii..................    Tibetan antelope.............  I.........................     7/1/75
  Pecari tajacu (except populations of      Collared peccary.............  II........................   10/22/87
   the United States and Mexico).
  Pseudoryx nghetinhensis...............    Vu Quang ox..................  I.........................    2/16/95
  Pudu mephistophiles...................    Northern pudu................  II........................     7/1/75
  P. puda (=P. pudu)....................    Pudu.........................  I.........................     7/1/75
  Rupicapra pyrenaica (=rupicapra)          Apennian chamois.............  I.........................     7/1/75
   ornata.
  Saiga tatarica........................    Saiga antelope...............  II........................    2/16/95
  Sus salvanius.........................    Pygmy hog....................  I.........................     7/1/75
  Tayassu pecari........................    White-lipped peccary.........  II........................   10/22/87
  T. tajacu (see Pecari tajacu)
  Tetracerus quadricornis...............    Four-horned antelope.........  III (Nepal)...............   11/16/75
  Tragelaphus (=Taurotragus) eurycerus..    Bongo antelope...............  III (Ghana)...............    2/26/76
  T. spekii.............................    Sitatunga antelope...........  III (Ghana)...............    2/26/76
  Vicugna vicugna (except populations       Vicuna.......................  I.........................     7/1/75
   listed below, under the conditions
   specified).
  V. vicugna [Argentina: wild               Vicuna.......................  II........................     7/1/75
   populations of the Province of Jujuy
   and the semi-captive populations of
   the Provinces of Jujuy, Salta,
   Catamarca, La Rioja and San Juan
   (export limited to wool sheared from
   live animals and to cloth and items
   made thereof, including luxury
   handicrafts and knitted articles; the
   reverse side of cloth and cloth
   products must bear the logo adopted
   by countries signatory to the
   Convenio para la Conservacion y
   Manejo de la Vicuna and the words,
   ``VICUNA-ARGENTINA''; all specimens
   not meeting any of the above
   conditions shall be deemed to be
   specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly)].
  V. vicugna [Bolivia: populations of       Vicuna.......................  II........................     7/1/75
   the Conservation Units of Mauri-
   Desaguadero, Ulla Ulla and Lipez-
   Chichas (export limited to wool
   sheared from live animals and to
   cloth and items made thereof,
   including luxury handicrafts and
   knitted articles, but with a zero
   annual export quota; the reverse side
   of cloth and cloth products must bear
   the logo adopted by countries
   signatory to the Convenio para la
   Conservacion y Manejo de la Vicuna
   and the words, ``VICUNA-BOLIVIA'';
   all specimens not meeting any of the
   above conditions shall be deemed to
   be specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly)].

[[Page 526]]

 
  V. vicugna [Chile: populations of         Vicuna.......................  II........................     7/1/75
   Paranicota Province, 1a. Region of
   Tarapaca (export limited to wool
   sheared from live animals and to
   cloth and items made thereof,
   including luxury handicrafts and
   knitted articles; the reverse side of
   cloth and cloth products must bear
   the logo adopted by countries
   signatory to the Convenio para la
   Conservacion y Manejo de la Vicuna
   and the words, ``VICUNA-CHILE''; all
   specimens not meeting any of the
   above conditions shall be deemed to
   be specimens of species included in
   Appendix I and the trade in them
   shall be regulated accordingly)].
  V. vicugna [Peru: all populations         Vicuna.......................  II........................     7/1/75
   (export limited to the stock of 3249
   kg. extant in November, 1994, to wool
   sheared from live animals, and to
   cloth and items made thereof,
   including luxury handicrafts and
   knitted articles; the reverse side of
   cloth and cloth products must bear
   the logo adopted by countries
   signatory to the Convenio para la
   Conservacion y Manejo de la Vicuna
   and the words, ``VICUNA-PERU-
   ARTESANIA''; all specimens not
   meeting any of the above conditions
   shall be deemed to be specimens of
   species included in Appendix I and
   the trade in them shall be regulated
   accordingly)].
CLASS AVES:                               BIRDS:
Order Struthioniformes:                   Ostriches:
  Struthio camelus (populations of          Ostrich......................  I.........................    7/29/83
   Algeria, Burkina Faso, Cameroon,
   Central African Republic, Chad, Mali,
   Mauritania, Morocco, Niger, Nigeria,
   Senegal, and Sudan).
Order Rheiformes                          Rheas:
  Pterocnemia pennata (see Rhea pennata)
  Rhea americana (all subspecies except     Greater rhea, Common rhea....  II........................    7/14/76
   that with earlier date in App. II).
  R. americana albescens................    Greater rhea.................  II........................     7/1/75
  R. pennata (except subspecies listed      Lesser rhea..................  I.........................    6/28/79
   below).
  R. pennata garleppi...................    Lesser rhea..................  I.........................     7/1/75
  R. pennata pennata....................    Darwin's rhea................  I.........................     7/1/75
Order Tinamiformes:                       Tinamous:
  Tinamus solitarius....................    Solitary tinamou.............  I.........................     7/1/75
Order Sphenisciformes:                    Penguins:
  Spheniscus demersus...................    Jackass penguin, Blackfooted   II........................     7/1/75
                                           Cape penguin.
  S. humboldti..........................    Humboldt penguin.............  I.........................     6/6/81
Order Podicipediformes:                   Grebes:
  Podilymbus gigas......................    Atitlan grebe................  I.........................     7/1/75
Order Procellariiformes:                  Albatrosses, Shearwaters,
                                           Petrels:
  Diomedea albatrus.....................    Short-tailed albatross.......  I.........................     7/1/75
Order Pelecaniformes:                     Tropicbirds, Pelicans,
                                           Frigatebirds:
  Fregata andrewsi......................    Andrew's frigatebird.........  I.........................     7/1/75
  Papasula abbotti......................    Abbott's booby...............  I.........................     7/1/75
  Pelecanus crispus.....................    Dalmatian pelican............  I.........................     7/1/75
  Sula abbotti (see Papasula abbotti)
Order Ciconiiformes:                      Herons, Storks, Ibises,
                                           Flamingos:
  Ardea goliath.........................    Goliath heron................  III (Ghana)...............    2/26/76
  Balaeniceps rex.......................    Whale-headed stork...........  II........................   10/22/87
  Bostrychia hagedash...................    Hadada ibis..................  III (Ghana)...............    2/26/76
  B. rara...............................    Spotted-breasted ibis........  III (Ghana)...............    2/26/76
  Bubulcus (=Ardeola) ibis..............    Cattle egret.................  III (Ghana)...............    2/26/76
  Casmerodius (=Egretta) albus..........    Great white egret............  III (Ghana)...............    2/26/76
  Ciconia boyciana......................    Oriental white stork.........  I.........................     7/1/75
  C. ciconia boyciana (see C. boyciana)
  C. nigra..............................    Black stork..................  II........................     7/1/75
  Egretta garzetta......................    Little egret.................  III (Ghana)...............    2/26/76
  Ephippiorhynchus senegalensis.........    Saddlebill stork.............  III (Ghana)...............    2/26/76
  Eudocimus ruber.......................    Scarlet ibis.................  II........................   10/22/87
  Geronticus calvus.....................    Southern bald ibis...........  II........................     7/1/75
  G. eremita............................    Northern bald ibis, Hermit     I.........................    6/28/79
                                           ibis.
  Hagedashia hagedash (see Bostrychia
   hagedash)
  Jabiru mycteria.......................    Jabiru.......................  I.........................     8/1/85

[[Page 527]]

 
  Lampribis rara (see Bostrychia rara)
  Leptoptilos crumeniferus..............    Marabou stork................  III (Ghana)...............    2/26/76
  Mycteria cinerea......................    Milky wood stork.............  I.........................   10/22/87
  Nipponia nippon.......................    Japanese crested ibis........  I.........................     7/1/75
  Phoenicopteridae spp. (except species     Flamingos....................  II........................    7/29/83
   or populations with an earlier date
   in App. II).
  Phoenicopterus andinus................    Andean flamingo..............  II........................     7/1/75
  P. chilensis..........................    Chilean flamingo.............  II........................     7/1/75
  P. jamesi.............................    James flamingo...............  II........................     7/1/75
  P. ruber ruber........................    American flamingo............  II........................    6/28/79
  Platalea leucorodia...................    White spoonbill..............  II........................     7/1/75
  Threskiornis aethiopicus..............    Sacred ibis..................  III (Ghana)...............    2/26/76
Order Anseriformes:                       Ducks, Geese, Swans, Screamers:
  Alopochen aegyptiacus.................    Egyptian goose...............  III (Ghana)...............    2/26/76
  Anas acuta............................    Northern pintail.............  III (Ghana)...............    2/26/76
  A. aucklandica (=chlorotis, =nesiotis)    Brown teal...................  I.........................     7/1/75
  A. bernieri...........................    Madagascar teal..............  II........................     7/1/75
  A. capensis...........................    Cape wigeon..................  III (Ghana)...............    2/26/76
  A. chlorotis (see A. aucklandica)
  A. clypeata...........................    Northern shoveler............  III (Ghana)...............    2/26/76
  A. crecca.............................    Green-winged teal............  III (Ghana)...............    2/26/76
  A. formosa............................    Baikal teal..................  II........................    6/11/92
  A. laysanensis (=A. platyrhynchos         Laysan duck..................  I.........................     7/1/75
   laysanensis).
  A. nesiotis (see A. aucklandica)
  A. oustaleti (=A. platyrhynchos           Marianas mallard.............  I.........................     7/1/75
   oustaleti).
  A. penelope...........................    Europeon wigeon..............  III (Ghana)...............    2/26/76
  A. querquedula........................    Garganey.....................  III (Ghana)...............    2/26/76
  Aythya nyroca.........................    White-eyed pochard...........  III (Ghana)...............    2/26/76
  Branta canadensis leucopareia.........    Aleutian Canada goose........  I.........................     7/1/75
  B. ruficollis.........................    Red-breasted goose...........  II........................     7/1/75
  B. (=Nesochen) sandvicensis...........    Hawaiian goose, Nene.........  I.........................     7/1/75
  Cairina moschata......................    Muscovy duck.................  III (Honduras)............    4/13/87
  C. scutulata..........................    White-winged duck............  I.........................     7/1/75
  Coscoroba coscoroba...................    Coscoroba swan...............  II........................     7/1/75
  Cygnus melanocorypha..................    Black-necked swan............  II........................     7/1/75
  Dendrocygna arborea...................    Cuban tree duck, West Indian   II........................     7/1/75
                                           whistling-duck.
  D. autumnalis.........................    Black-bellied whistling-duck.  III (Honduras)............    4/13/87
  D. bicolor (=fulva)...................    Fulvous whistling-duck.......  III (Ghana and Honduras)..    2/26/76
  D. viduata............................    White-faced whistling-duck...  III (Ghana)...............    2/26/76
  Nettapus auritus......................    African pygmy goose..........  III (Ghana)...............    2/26/76
  Oxyura leucocephala...................    White-headed duck............  II........................    7/29/83
  Plectropterus gambensis...............    Spur-winged goose............  III (Ghana)...............    2/26/76
  Pteronetta hartlaubii.................    Hartlaub's duck..............  III (Ghana)...............    2/26/76
  Rhodonessa caryophyllacea.............    Pink-headed duck.............  I pe......................     7/1/75
  Sarkidiornis melanotos................    Comb duck....................  II........................     7/1/75
Order Falconiformes:                       Hawks, Falcons, Vultures,
                                           Eagles:
  All species except those in App. I, or    All species except New World   II........................    6/28/79
   with earlier date in App. II, and       vultures not specifically
   except Cathartidae species not          listed below.
   specifically listed below.
  Accipitridae spp. (all South American     Hawks, Harriers..............  II........................   10/28/76
   populations).
  Accipiter gentilis....................    Northern goshawk.............  II........................     2/4/77
  A. gundlachi..........................    Gundlach's hawk..............  II........................     2/4/77
  A. nisus..............................    European sparrow hawk........  II........................     2/4/77
  Aegypius monachus.....................    European black vulture,        II........................     2/4/77
                                           Cinerous vulture.
  Aquila spp. (all species except those     Eagles.......................  II........................     2/4/77
   in App. I or with earlier date in
   App. II).
  A. adalberti (=A. heliaca adalberti)..    Imperial eagle...............  I.........................     2/4/77
  A. chrysaetos.........................    Golden eagle.................  II........................     7/1/75
  A. heliaca............................    Imperial eagle...............  I.........................     2/4/77
  Chondrohierax uncinatus wilsonii......    Cuban hook-billed kite.......  I.........................     2/4/77
  Circaetus spp.........................    Snake-eagles.................  II........................     2/4/77
  Circus spp............................    Harriers.....................  II........................     2/4/77
  Falconidae spp. (all species in family    Falcons, Caracaras...........  II........................     7/1/75
   except those in App. I).
  Falco araea...........................    Seychelles kestrel...........  I.........................     7/1/75
  F. jugger.............................    Laggar falcon................  I.........................     7/1/75
  F. newtoni (Seychelles population)        Aldabra kestrel..............  I.........................     7/1/75
   (=F.newtoni aldabranus).
  F. pelegrinoides (=F. peregrinus          Barbary falcon...............  I.........................     7/1/75
   pelegrinoides).

[[Page 528]]

 
  F. peregrinus.........................    Peregrine falcon.............  I.........................     7/1/75
  F. punctatus..........................    Mauritius kestrel............  I.........................     7/1/75
  F. rusticolus.........................    Gyrfalcon....................  I.........................     7/1/75
  Gymnogyps californianus...............    California condor............  I.........................     7/1/75
  Gypaetus barbatus.....................    Lammergeier..................  II........................     2/4/77
  Gyps fulvus...........................    Griffon vulture..............  II........................     2/4/77
  Haliaeetus spp. (except species in        Sea-eagles, Fish-eagles......  II........................     2/4/77
   App. I).
  H. albicilla (except subspecies listed    White-tailed eagle...........  I.........................     2/4/77
   below).
  H. albicilla greenlandicus............    Greenland white-tailed sea-    I.........................     7/1/75
                                           eagle.
  H. leucocephalus (except subspecies       Bald eagle...................  I.........................     2/4/77
   listed below).
  H. leucocephalus leucocephalus........    Southern bald eagle..........  I.........................     7/1/75
  Harpia harpyja........................    Harpy eagle..................  I.........................     7/1/75
  Harpyopsis novaeguineae...............    New Guinea harpy eagle.......  II........................     2/4/77
  Milvus milvus.........................    Red kite.....................  II........................     2/4/77
  Pandion haliaetus.....................    Osprey.......................  II........................     2/4/77
  Pithecophaga jefferyi.................    Monkey-eating eagle..........  I.........................     7/1/75
  Sagittarius serpentarius..............    Secretary bird...............  II........................    2/26/76
  Sarcoramphus papa.....................    King vulture.................  III (Honduras)............    4/13/87
  Vultur gryphus........................    Andean condor................  I.........................     7/1/75
Order Galliformes:                        Pheasants, Curassows,
                                           Megapodes, Hoatzin:
  Aburria (see Pipile)
  Agelastes meleagrides.................    White-breasted guineafowl....  III (Ghana)...............    2/26/76
  Agriocharis ocellata..................    Ocellated turkey.............  III (Guatemala)...........    4/23/81
  Arborophila orientalis                    Bar-backed partridge, Bare-    III (Malaysia)............   11/13/86
   (=brunneopectus).                       throated tree-partridge.
  A. (=Tropicoperdix) charltonii........    Scaly-breasted partridge,      III (Malaysia)............   11/13/86
                                           Chestnut-breasted tree-
                                           partridge.
  Argusianus argus......................    Great argus pheasant.........  II........................     7/1/75
  Caloperdix oculea.....................    Ferruginous wood-partridge...  III (Malaysia)............   11/13/86
  Catreus wallichi......................    Cheer pheasant...............  I.........................     7/1/75
  Colinus virginianus ridgwayi..........    Masked bobwhite..............  I.........................     7/1/75
  Crax alberti..........................    Blue-knobbed curassow........  III (Colombia)............    9/21/88
  C. blumenbachii.......................    Red-billed curassow..........  I.........................     7/1/75
  C. daubentoni.........................    Yellow-knobbed curassow......  III (Colombia)............    9/21/88
  C. globulosa..........................    Wattled curassow.............  III (Colombia)............    9/21/88
  C. mitu mitu (see Mitu mitu mitu)
  C. pauxi (see Pauxi pauxi)
  C. rubra..............................    Great curassow...............  III (Colombia, Costa Rica,   10/28/76
                                                                            Guatemala, and Honduras).
  Crossoptilon crossoptilon.............    White-eared pheasant.........  I.........................     7/1/75
  C. harmani (=C. crossoptilon harmani).    Elwes's eared-pheasant.......  I.........................     7/1/75
  C. mantchuricum.......................    Brown-eared pheasant.........  I.........................     7/1/75
  Gallus sonneratii.....................    Gray jungle fowl.............  II........................     7/1/75
  Ithaginis cruentus....................    Blood pheasant...............  II........................     7/1/75
  Lophophorus impejanus.................    Himalayan monal..............  I.........................     7/1/75
  L. lhuysii............................    Chinese monal................  I.........................     7/1/75
  L. sclateri...........................    Sclater's monal..............  I.........................     7/1/75
  Lophura edwardsi......................    Edward's pheasant............  I.........................     7/1/75
  L. erythrophthalma....................    Crestless fireback...........  III (Malaysia)............   11/13/86
  L. ignita.............................    Crested fireback.............  III (Malaysia)............   11/13/86
  L. imperialis.........................    Imperial pheasant............  I.........................     7/1/75
  L. swinhoii...........................    Swinhoe's pheasant...........  I.........................     7/1/75
  Macrocephalon maleo...................    Maleo megapode...............  I.........................     7/1/75
  Melanoperdix nigra....................    Black wood-partridge.........  III (Malaysia)............   11/13/86
  Mitu mitu mitu........................    Mitu, Razor-billed curassow..  I.........................     7/1/75
  Oreophasis derbianus..................    Horned guan..................  I.........................     7/1/75
  Ortalis vetula........................    Plain chachalaca.............  III (Guatemala, Honduras).    4/23/81
  Pauxi pauxi...........................    Northern helmeted curassow...  III (Colombia)............    9/21/88
  Pavo muticus..........................    Green peafowl................  II........................     2/4/77
  Penelope albipennis...................    White-winged guan............  I.........................     6/6/81
  P. purpurascens.......................    Northern crested guan........  III (Honduras)............    4/13/87
  Penelopina nigra......................    Black chachalaca, Highland     III (Guatemala)...........    4/23/81
                                           guan.
  Pipile jacutinga......................    Black-fronted piping-guan....  I.........................     7/1/75
  P. pipile pipile......................    Trinidad white-headed          I.........................     7/1/75
                                           curassow.

[[Page 529]]

 
  Polyplectron bicalcaratum.............    Gray peacock-pheasant........  II........................     7/1/75
  P. emphanum...........................    Palawan peacock-pheasant.....  I.........................     7/1/75
  P. germaini...........................    Germain's peacock-pheasant...  II........................     7/1/75
  P. inopinatum.........................    Rothschild's peacock-          III (Malaysia)............   11/13/86
                                           pheasant, Mountain peacock
                                           pheasant.
  P. malacense..........................    Malaysian peacock-pheasant...  II........................     7/1/75
  P. schleiermacheri (=P. malacense         Bornean peacock-pheasant.....  II........................     7/1/75
   schleiermacheri).
  Rheinardia ocellata (=R. nigrescens)..    Rheinard's crested argus,      I.........................   11/13/86
                                           Crested argus pheasant.
  Rhizothera longirostris...............    Long-billed wood-partridge...  III (Malaysia)............   11/13/86
  Rollulus roulroul.....................    Crested wood-partridge,        III (Malaysia)............   11/13/86
                                           Roulroul, Green-winged wood
                                           partridge.
  Syrmaticus ellioti....................    Elliot's pheasant............  I.........................     7/1/75
  S. humiae.............................    Bar-tailed pheasant..........  I.........................     7/1/75
  S. mikado.............................    Mikado pheasant..............  I.........................     7/1/75
  Tetraogallus caspius..................    Caspian snowcock.............  I.........................     7/1/75
  T. tibetanus..........................    Tibetan snowcock.............  I.........................     7/1/75
  Tragopan blythii......................    Blyth's tragopan.............  I.........................     7/1/75
  T. caboti.............................    Cabot's tragopan.............  I.........................     7/1/75
  T. melanocephalus.....................    Western tragopan.............  I.........................     7/1/75
  T. satyra.............................    Satyr tragopan...............  III (Nepal)...............   11/16/75
  Tympanuchus cupido attwateri..........    Attwater's greater prairie     I.........................     7/1/75
                                           chicken.
Order Gruiformes:                         Cranes, Rails, Bustards:
  Anthropoides (see Grus)
  Ardeotis nigriceps....................    Great Indian bustard.........  I.........................     7/1/75
  Balearica regulorum...................    Crowned crane................  II........................     7/1/75
  Chlamydotis undulata..................    Houbara bustard..............  I.........................     7/1/75
  Choriotis (see Ardeotis)
  Eupodotis bengalensis.................    Bengal florican..............  I.........................     7/1/75
  Gallirallus sylvestris................    Lord Howe wood rail..........  I.........................     7/1/75
  Gruidae spp. (all species and             Cranes.......................  II........................     8/1/85
   subspecies except those in App. I and
   those with earlier date in App. II).
  Grus americana........................    Whooping Crane...............  I.........................     7/1/75
  G. canadensis nesiotes................    Cuba sandhill crane..........  I.........................     7/1/75
  G. canadensis pratensis...............    Florida sandhill crane.......  II........................     7/1/75
  G. canadensis pulla...................    Mississippi sandhill crane...  I.........................     7/1/75
  G. japonensis.........................    Manchurian crane.............  I.........................     7/1/75
  G. leucogeranus.......................    Siberian white crane.........  I.........................     7/1/75
  G. monacha............................    Hooded crane.................  I.........................     7/1/75
  G. nigricollis........................    Black-necked crane...........  I.........................     7/1/75
  G. vipio..............................    White-naped crane............  I.........................     7/1/75
  G. virgo..............................    Demoiselle crane.............  II........................    7/29/83
  Houbaropsis (see Eupodotis)
  Otididae spp. (all species except         Bustards.....................  II........................   10/22/87
   those in App. I or with earlier date
   in App. II).
  Otis tarda............................    Great bustard................  II........................     7/1/75
  Rhynochetos jubatus...................    Kagu.........................  I.........................     7/1/75
  Tricholimnas sylvestris (see
   Gallirallus sylvestris)
Order Charadriiformes:                    Shorebirds, Gulls, Terns,
                                           Skimmers, Auks:
  Burhinus bistriatus...................    Double-striped thick-knee,     III (Guatemala)...........    4/23/81
                                           Mexican stone curlew.
  Larus relictus........................    Relict gull..................  I.........................     7/1/75
  Numenius borealis.....................    Eskimo curlew................  I.........................     7/1/75
  N. tenuirostris.......................    Slender-billed curlew........  I.........................     7/1/75
  Tringa guttifer.......................    Nordmann's greenshank........  I.........................     7/1/75
Order Columbiformes:                      Pigeons, Doves, Sand-grouse:
  Caloenas nicobarica...................    Nicobar pigeon...............  I.........................    6/28/79
  Columba guinea........................    Speckled pigeon..............  III (Ghana)...............    2/26/76
  C. iriditorques.......................    Bronze-necked pigeon, Bronze-  III (Ghana)...............    2/26/76
                                           naped pigeon.
  C. livia..............................    Rock dove....................  III (Ghana)...............    2/26/76
  C. mayeri.............................    Pink pigeon..................  III (Mauritius)...........    12/4/75
  C. unicincta..........................    African wood pigeon..........  III (Ghana)...............    2/26/76
  Ducula mindorensis....................    Mindoro imperial pigeon......  I.........................     7/1/75
  Gallicolumba luzonica.................    Bleeding-heart pigeon........  II........................     7/1/75
  Goura spp.............................    Crowned pigeons..............  II........................     7/1/75
  Nesoenas mayeri (see Columba mayeri)
  Oena capensis.........................    Namaqua dove, Masked dove....  III (Ghana)...............    2/26/76
  Streptopelia decipiens................    African mourning dove,         III (Ghana)...............    2/26/76
                                           Mourning collared dove.

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  S. roseogrisea........................    African turtle dove, African   III (Ghana)...............    2/26/76
                                           collared dove.
  S. semitorquata.......................    Red-eyed dove................  III (Ghana)...............    2/26/76
  S. senegalensis.......................    Laughing dove................  III (Ghana)...............    2/26/76
  S. turtur.............................    Turtle dove..................  III (Ghana)...............    2/26/76
  S. vinacea............................    Vinaceous dove...............  III (Ghana)...............    2/26/76
  Treron calva..........................    African green pigeon.........  III (Ghana)...............    2/26/76
  T. waalia.............................    Yellow-bellied green pigeon..  III (Ghana)...............    2/26/76
  Turtur abyssinicus....................    Black-billed wood dove.......  III (Ghana)...............    2/26/76
  T. afer...............................    Blue-spotted wood dove.......  III (Ghana)...............    2/26/76
  T. brehmeri...........................    Blue-headed wood dove........  III (Ghana)...............    2/26/76
  T. tympanistria.......................    Tambourine dove..............  III (Ghana)...............    2/26/76
Order Psittaciformes:                      Parrots, Parakeets, Macaws,
                                           Lories, Cockatoos, etc.:
  All species in order except those in      All Parrots, Parakeets,        II........................     6/6/81
   App. I or with earlier date in App.     Macaws, Lories, Cockatoos,
   II, and except Melopsittacus            etc. not listed below (not
   undulatus, Nymphicus hollandicus, and   including the Budgerigar,
   Psittacula krameri. However, the        Cockatiel, and Rose-ringed
   latter is listed separately in App.     parakeet).
   III.
  Amazona arausiaca.....................    Red-necked parrot............  I.........................     6/6/81
  A. barbadensis........................    Yellow-shouldered parrot.....  I.........................     6/6/81
  A. brasiliensis.......................    Red-tailed parrot............  I.........................     6/6/81
  A. dufresniana rhodocorytha (see A.
   rhodocorytha)
  A. guildingii.........................    St. Vincent parrot...........  I.........................     7/1/75
  A. imperialis.........................    Imperial parrot, Sisserou....  I.........................     7/1/75
  A. leucocephala.......................    Cuban parrot.................  I.........................     7/1/75
  A. pretrei............................    Red-spectacted parrot........  I.........................     7/1/75
  A. rhodocorytha.......................    Red-browed parrot............  I.........................     7/1/75
  A. tucumana...........................    Tucuman parrot...............  I.........................     6/6/81
  A. versicolor.........................    St. Lucia parrot.............  I.........................     7/1/75
  A. vinacea............................    Vinaceous parrot.............  I.........................     7/1/75
  A. viridigenalis......................    Red-crowned (= Green-cheeked)  I.........................     6/6/81
                                           parrot.
  A. vittata............................    Puerto Rican parrot..........  I.........................     7/1/75
  Anodorhynchus glaucus.................    Glaucous macaw...............  I.........................     7/1/75
  A. hyacinthinus.......................    Hyacinth macaw...............  I.........................     6/6/81
  A. leari..............................    Lear's macaw, Indigo macaw...  I.........................     7/1/75
  Ara ambigua...........................    Buffon's macaw, Great green    I.........................   10/28/76
                                           macaw.
  A. glaucogularis......................    Caninde macaw................  I.........................     6/6/81
  A. macao..............................    Scarlet macaw................  I.........................   10/28/76
  A. maracana...........................    Illiger's macaw..............  I.........................     6/6/81
  A. militaris..........................    Military macaw...............  I.........................     6/6/81
  A. rubrogenys.........................    Red-fronted macaw............  I.........................     6/6/81
  Aratinga guarouba.....................    Golden parakeet..............  I.........................     7/1/75
  Cacatua goffini.......................    Goffin's cockatoo............  I.........................     6/6/81
  C. haematuropygia.....................    Red-vented cockatoo..........  I.........................     6/6/81
  C. moluccensis........................    Moluccan cockatoo............  I.........................     6/6/81
  C. (=Kakatoe) tenuirostris............    Long-billed corella, Slender-  II........................     2/4/77
                                           billed cockatoo.
  Calyptorhynchus lathami...............    Glossy black cockatoo........  II........................     2/4/77
  Coracopsis nigra (Seychelles              Seychelles vasa parrot.......  II........................     7/1/75
   population).
  Cyanoliseus patagonus byroni..........    Burrowing parakeet...........  II........................    6/28/79
  Cyanopsitta spixii....................    Spix's macaw.................  I.........................     7/1/75
  Cyanoramphus auriceps forbesi.........    Forbes' parakeet, Yellow-      I.........................     7/1/75
                                           fronted parakeet.
  C. auriceps malherbi..................    Orange-fronted parakeet......  II........................     7/1/75
  C. cookii.............................    Norfolk parakeet.............  I.........................     7/1/75
  C. malherbi (see C. auriceps malherbi)
  C. novaezelandiae.....................    New Zealand parakeet, Red-     I.........................     7/1/75
                                           fronted parakeet.
  C. unicolor...........................    Antipodes green parakeet.....  II........................     7/1/75
  Cyclopsitta diophthalma coxeni........    Coxen's fig parrot...........  I.........................     2/4/77
  Eos histrio...........................    Red and blue lory............  I.........................     6/6/81
  Eunymphicus cornutus..................    Horned parakeet..............  II........................     7/1/75
  Geopsittacus occidentalis (see
   Pezoporus occidentalis)
  Neophema chrysogaster.................    Orange-bellied parakeet......  I.........................     7/1/75
  N. splendida..........................    Scarlet-chested parakeet.....  II........................     7/1/75
  Northiella haematogaster narethae.....    Blue-bonnet parrot...........  II........................     2/4/77
  Ognorhynchus icterotis................    Yellow-eared parrot..........  I.........................     6/6/81
  Opopsitta (see Cyclopsitta)
  Pezoporus occidentalis................    Night parrot, Australian       I pe......................     7/1/75
                                           night parrot.

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  P. wallicus...........................    Ground parrot................  I.........................     2/4/77
  Pionopsitta pileata...................    Red-capped parrot, Pileated    I.........................     7/1/75
                                           parrot.
  Poicephalus robustus..................    Cape parrot..................  II........................     7/1/75
  Polytelis alexandrae..................    Princess parrot..............  II........................     2/4/77
  Probosciger aterrimus.................    Great black cockatoo, Palm     I.........................     7/1/75
                                           cockatoo.
  Prosopeia personata...................    Masked shining parrot, Yellow- II........................     7/1/75
                                           breasted musk parrot.
  Psephotus chrysopterygius.............    Golden-shouldered parakeet...  I.........................     7/1/75
  P. dissimilis.........................    Hooded parrot................  I.........................     7/1/75
  P. pulcherrimus.......................    Paradise parakeet............  I pe......................     7/1/75
  P. haematogaster narethae (see
   Northiella)
  Psittacula echo (=P. krameri echo)....    Rose-ringed parakeet.........  I.........................     7/1/75
  P. krameri............................    Ring-neck parakeet...........  III (Ghana)...............    2/26/76
  Psittacus erithacus princeps..........    Principe parrot..............  II........................     7/1/75
  Pyrrhura cruentata....................    Blue-throated parakeet, Ochre- I.........................     7/1/75
                                           marked parakeet.
  Rhynchopsitta pachyrhyncha............    Thick-billed parrot..........  I.........................     7/1/75
  R. terrisi (=R. pachyrhyncha terrisi).    Maroon-fronted parrot........  I.........................     6/6/81
  Strigops habroptilus..................    Kakapo, Owl parrot...........  I.........................     7/1/75
  Tanygnathus lucionensis...............    Blue-naped parrot............  II........................     2/4/77
  Vini ultramarina......................    Ultramarine lorikeet.........  I.........................     6/6/81
Order Cuculiformes:                       Cuckoos, Plantain-eaters,
                                           Turacos:
  Corythaeola cristata..................    Great blue turaco............  III (Ghana)...............     2/4/77
  Crinifer piscator.....................    Gray plantain eater..........  III (Ghana)...............     2/4/77
  Musophaga (=Tauraco, =Gallirex)           Violet-crested turaco........  II........................     7/1/75
   porphyreolopha.
  M. violacea...........................    Violet turaco................  III (Ghana)...............     2/4/77
  Tauraco spp. (except those with           Turacos, Louries.............  II........................    2/16/95
   earlier date in App. II or III).
  T. corythaix..........................    Knysna turaco................  II........................     2/4/77
  T. macrorhynchus......................    Yellow-billed turaco.........  II........................     2/4/77
Order Strigiformes:                        Owls:
  All species except those in App. I or     All Owls not listed below....  II........................    6/28/79
   with earlier date in App. II.
  Athene blewitti.......................    Forest little owl, Forest      I.........................    6/28/79
                                           spotted owlet.
  Bubo ascalaphus.......................    Pharaoh eagle owl............  II........................     2/4/77
  B. bengalensis........................    Rock eagle owl...............  II........................     2/4/77
  B. bubo...............................    Eurasian eagle owl...........  II........................     2/4/77
  Mimizuku gurneyi......................    Giant scops owl..............  I.........................     7/1/75
  Ninox novaeseelandiae undulata........    Great hawk-owl...............  I.........................     2/4/77
  N. squamipila natalis.................    Great hawk-owl, Moluccan hawk- I.........................     2/4/77
                                           owl.
  Nyctea scandiaca......................    Snowy owl....................  II........................     2/4/77
  Otus gurneyi (see Mimizuku gurneyi)
  O. nudipes newtoni....................    Virgin Island screech owl....  II........................     7/1/75
  Strigidae (all species native to          Owls.........................  II........................    2/26/76
   Ghana).
  Strix butleri.........................    Hume's wood owl..............  II........................     2/4/77
  S. nebulosa...........................    Great gray owl...............  II........................   11/16/75
  Tytonidae (all species native to          Barn owls....................  II........................    2/26/76
   Ghana).
  Tyto soumagnei........................    Madagascar red owl...........  I.........................     2/4/77
Order Apodiformes:                        Swifts, Hummingbirds:
  Glaucis (see Ramphodon)
  Ramphodon dohrnii.....................    Hook-billed hermit...........  I.........................     7/1/75
  Trochilidae spp.......................    Hummingbirds.................  II........................   10/22/87
Order Trogoniformes:                      Trogons:
  Pharomachrus mocinno..................    Resplendent quetzal..........  I.........................     7/1/75
Order Coraciiformes:                      Hornbills, Kingfishers,
                                           Rollers, Bee-eaters, Motmots:
  Aceros spp. (all species except those     Hornbills....................  II........................    6/11/92
   in App. I or with earlier date in
   App. II).
  A. narcondami.........................    Narcondam hornbill...........  II........................     7/1/75
  A. nipalensis.........................    Rufous-necked hornbill.......  I.........................    6/11/92
  A. subruficollis......................    Plain-pouched hornbill.......  I.........................    6/11/92
  Anorrhinus (=Ptilolaemus) spp.........    Hornbills....................  II........................    6/11/92
  Anthracoceros spp.....................    Hornbills, Pied hornbills....  II........................    6/11/92
  Buceros spp. (all species and             Giant hornbills..............  II........................    6/11/92
   subspecies except those in App. I or
   with earlier date in App. II).
  B. bicornis...........................    Great hornbill...............  I.........................     7/1/75
  B. hydrocorax hydrocorax..............    Luzon-Marinduque rufous        II........................     7/1/75
                                           hornbill.
  B. rhinoceros (except subspecies with     Rhinoceros hornbill..........  II........................    1/18/90
   earlier date).
  B. rhinoceros rhinoceros..............    Malay rhinoceros hornbill....  II........................     7/1/75
  B. (=Rhinoplax) vigil.................    Helmeted hornbill............  I.........................     7/1/75
  Penelopides spp.......................    Hornbills....................  II........................    6/11/92

[[Page 532]]

 
Order Piciformes:                         Woodpeckers, Toucans, Jacamars,
                                           Barbets:
  Baillonius bailloni...................    Saffron toucanet.............  III (Argentina)...........    6/11/92
  Campephilus imperialis................    Imperial woodpecker..........  I.........................     7/1/75
  Dryocopus javensis richardsi..........    Tristam's white-bellied        I.........................     7/1/75
                                           woodpecker.
  Pteroglossus aracari..................    Black-necked aracari.........  II........................    6/11/92
  P. castanotis.........................    Chestnut-eared aracari.......  III (Argentina)...........    6/11/92
  P. viridis............................    Green aracari................  II........................    6/11/92
  Ramphastos dicolorus..................    Red-breasted toucan..........  III (Argentina)...........    6/11/92
  R. sulphuratus........................    Keel-billed toucan...........  II........................    4/23/81
  R. toco...............................    Toco toucan..................  II........................    6/11/92
  R. tucanus............................    Red-billed toucan............  II........................    6/11/92
  R. vitellinus.........................    Channel-billed toucan........  II........................    6/11/92
  Selenidera maculirostris..............    Spot-billed toucanet.........  III (Argentina)...........    6/11/92
  Semnornis ramphastinus................    Toucan barbet................  III (Colombia)............    5/28/89
Order Passeriformes:                      Perching birds, Songbirds:
  Agelaius (=Xanthopsar) flavus.........    Saffron-cowled blackbird.....  I.........................    7/14/76
  Amadina fasciata......................    Cut-throat...................  III (Ghana)...............    2/26/76
  Amandava formosa......................    Green avadavat...............  II........................    9/18/97
  A. subflava...........................    Zebra waxbill................  III (Ghana)...............    2/26/76
  Amblyospiza albifrons.................    Grosbeak weaver..............  III (Ghana)...............    2/26/76
  Anaplectes rubriceps..................    Red-headed malimbe...........  III (Ghana)...............    2/26/76
  Anomalospiza imberbis.................    Parasitic weaver.............  III (Ghana)...............    2/26/76
  Atrichornis clamosus..................    Noisy scrub-bird.............  I.........................     7/1/75
  Bebrornis rodericanus.................    Rodriquez Island warbler.....  III (Mauritius)...........    12/4/75
  Bubalornis albirostris................    Buffalo weaver...............  III (Ghana)...............    2/26/76
  Carduelis (=Spinus) cucullata.........    Red siskin...................  I.........................     7/1/75
  C. (=Spinus) yarrellii................    Yellow-faced siskin..........  II........................     7/1/75
  Cephalopterus ornatus.................    Amazonian umbrellabird.......  III (Colombia)............    9/21/88
  C. penduliger.........................    Long-wattled umbrellabird....  III (Colombia)............    9/21/88
  Cotinga maculata......................    Banded cotinga...............  I.........................     7/1/75
  Cyornis ruckii........................    Rueck's blue flycatcher,       II........................     7/1/75
                                           Niltava.
  Dasyornis broadbenti litoralis........    Western rufous bristlebird...  I pe......................     7/1/75
  D. longirostris (=D. brachypterus         Western bristlebird..........  I.........................     7/1/75
   longirostris).
  Estrilda astrild......................    Common waxbill...............  III (Ghana)...............    2/26/76
  E. caerulescens.......................    Lavender waxbill, Lavender     III (Ghana)...............    2/26/76
                                           fire-finch.
  E. melpoda............................    Orange-cheeked waxbill.......  III (Ghana)...............    2/26/76
  E. troglodytes........................    Black-rumped waxbill.........  III (Ghana)...............    2/26/76
  Euplectes afer........................    Yellow-crowned bishop........  III (Ghana)...............    2/26/76
  E. ardens.............................    Red-collared whydah..........  III (Ghana)...............    2/26/76
  E. franciscanus.......................    Red bishop, Orange bishop....  III (Ghana)...............    2/26/76
  E. hordeaceus.........................    Black-winged red bishop......  III (Ghana)...............    2/26/76
  E. macrourus..........................    Yellow-mantled whydah........  III (Ghana)...............    2/26/76
  E. orix (see E. franciscanus)
  Gracula religiosa.....................    Hill myna....................  II........................    6/11/92
  Gubernatrix cristata..................    Yellow cardinal..............  II........................    7/14/76
  Lagonosticta larvata (see L. vinacea)
  L. rara...............................    Black-bellied waxbill........  III (Ghana)...............    2/26/76
  L. rubricata..........................    African waxbill..............  III (Ghana)...............    2/26/76
  L. rufopicta..........................    Bar-breasted waxbill.........  III (Ghana)...............    2/26/76
  L. senegala...........................    Red-billed fire finch, Red-    III (Ghana)...............    2/26/76
                                           billed waxbill.
  L. vinacea............................    Vinaceous waxbill............  III (Ghana)...............    2/26/76
  Leiothrix argentaurius................    Silver-eared mesia...........  II........................    9/18/97
  L. lutea..............................    Pekin robin..................  II........................    9/18/97
  Leucopsar rothschildi.................    Rothschild's starling, Myna..  I.........................     7/1/75
  Lichenostomus melanops cassidix.......    Helmeted honeyeater..........  I.........................     7/1/75
  Liocichla omeiensis...................    Omei Shan liocichla..........  II........................    9/18/97
  Lonchura bicolor......................    Black-and white mannikin.....  III (Ghana)...............    2/26/76
  L. cantans............................    White-throated munia, African  III (Ghana)...............    2/26/76
                                           silverbill.
  L. cucullata..........................    Bronze mannikin..............  III (Ghana)...............    2/26/76
  L. fringilloides......................    Magpie mannikin, Pied          III (Ghana)...............    2/26/76
                                           mannikin.
  L. malabarica (see L. cantans)
  Malimbus cassini......................    Cassin's malimbe.............  III (Ghana)...............    2/26/76
  M. malimbicus.........................    Crested malimbe..............  III (Ghana)...............    2/26/76
  M. nitens.............................    Gray's malimbe...............  III (Ghana)...............    2/26/76
  M. rubriceps (see Anaplectes
   rubriceps)
  M. rubricollis........................    Red-headed weaver............  III (Ghana)...............    2/26/76
  M. scutatus...........................    Red-vented malimbe...........  III (Ghana)...............    2/26/76
  Mandingoa nitidula....................    Green-backed twin-spot.......  III (Ghana)...............    2/26/76

[[Page 533]]

 
  Meliphaga cassidix (see Lichenostomus
   melanops cassidix)
  Nesocharis capistrata.................    Gray-headed olive-back.......  III (Ghana)...............    2/26/76
  Nigrita bicolor.......................    Chestnut-breasted negro-finch  III (Ghana)...............    2/26/76
  N. canicapilla........................    Gray-headed negro-finch......  III (Ghana)...............    2/26/76
  N. fusconota..........................    White-breasted negro-finch...  III (Ghana)...............    2/26/76
  N. luteifrons.........................    Pale-fronted negro-finch.....  III (Ghana)...............    2/26/76
  Niltava (=Muscicapa) (see Cyornis)
  Ortygospiza atricollis................    Common quail-finch...........  III (Ghana)...............    2/26/76
  Pachyphantes superciliosus............    Compact weaver...............  III (Ghana)...............    2/26/76
  Padda oryzivora.......................    Java sparrow.................  II........................    9/18/97
  Paradiseidae spp. (all species in         Birds of paradise............  II........................     7/1/75
   family).
  Parmoptila rubrifrons (=woodhousei)...    Jameson's antpecker,           III (Ghana)...............    2/26/76
                                           Flowerpecker weaver-finch.
  Paroaria capitata.....................    Yellow-billed cardinal.......  II........................   10/22/87
  P. coronata...........................    Red-crested cardinal.........  II........................   10/22/87
  Passer griseus........................    Gray-headed sparrow..........  III (Ghana)...............    2/26/76
  Petronia dentata......................    Bush petronia................  III (Ghana)...............    2/26/76
  Pholidornis rushiae...................    Tit-hylia....................  III (Ghana)...............    2/26/76
  Picathartes gymnocephalus.............    Bare-headed rockfowl, White-   I.........................     7/1/75
                                           necked rockfowl.
  P. oreas..............................    Gray-necked rockfowl, Red-     I.........................     7/1/75
                                           headed rockfowl.
  Pitta brachyura nympha (see P. nympha)
  P. guajana............................    Blue-tailed pitta, Banded      II........................    12/7/87
                                           pitta.
  P. gurneyi............................    Gurney's pitta...............  I.........................    12/7/87
  P. kochi..............................    Koch's pitta.................  I.........................     7/1/75
  P. nympha.............................    Fairy pitta, Blue-winged       II........................     7/1/75
                                           pitta.
  Plocepasser superciliosus.............    Chestnut-crowned sparrow-      III (Ghana)...............    2/26/76
                                           weaver.
  Ploceus albinucha.....................    White-naped black weaver.....  III (Ghana)...............    2/26/76
  P. aurantius..........................    Orange weaver................  III (Ghana)...............    2/26/76
  P. cucullatus.........................    Black-headed weaver..........  III (Ghana)...............    2/26/76
  P. heuglini...........................    Heuglin's masked weaver......  III (Ghana)...............    2/26/76
  P. luteolus...........................    Little weaver................  III (Ghana)...............    2/26/76
  P. melanocephalus.....................    Yellow-backed weaver.........  III (Ghana)...............    2/26/76
  P. nigerrimus.........................    Viellot's weaver.............  III (Ghana)...............    2/26/76
  P. nigricollis........................    Black-necked weaver..........  III (Ghana)...............    2/26/76
  P. pelzelni...........................    Slender-billed weaver........  III (Ghana)...............    2/26/76
  P. preussi............................    Golden-backed weaver.........  III (Ghana)...............    2/26/76
  P. superciliosus (see Pachyphantes
   superciliosus )
  P. tricolor...........................    Yellow-mantled weaver........  III (Ghana)...............    2/26/76
  P. vitellinus (=P. velatus)...........    Vitelline masked weaver......  III (Ghana)...............    2/26/76
  Poephila cincta cincta................    Black-throated finch, Parson   II........................   10/17/80
                                           finch.
  Pseudochelidon sirintarae.............    White-eyed river martin......  I.........................     7/1/75
  Pycnonotus zeylanicus.................    Straw-headed bulbul..........  II........................    9/18/97
  Pyrenestes ostrinus...................    Black-bellied seedcracker....  III (Ghana)...............    2/26/76
  Pytilia hypogrammica..................    Yellow-winged pytilia........  III (Ghana)...............    2/26/76
  P. phoenicoptera......................    Red-winged pytilia...........  III (Ghana)...............    2/26/76
  Quelea erythrops......................    Red-headed quelea............  III (Ghana)...............    2/26/76
  Rupicola spp..........................    Cocks-of-the-rock............  II........................     7/1/75
  Serinus canicapillus (=gularis).......    West African seedeater.......  III (Ghana)...............    2/26/76
  S. leucopygius........................    White-rumped seedeater.......  III (Ghana)...............    2/26/76
  S. mozambicus.........................    Yellow-fronted canary........  III (Ghana)...............    2/26/76
  Spermophaga haematina.................    Blue-bill....................  III (Ghana)...............    2/26/76
  Sporopipes frontalis..................    Speckled-fronted weaver......  III (Ghana)...............    2/26/76
  Tangara fastuosa......................    Seven-colored tanager........  II........................    9/18/97
  Tchitrea (see Terpsiphone)
  Terpsiphone bourbonnensis.............    Coq de Boise, Mascarene        III (Mauritius)...........    12/4/75
                                           paradise flycatcher.
  Uraeginthus bengalus..................    Red-cheeked cordon-bleu......  III (Ghana)...............    2/26/76
  Vidua (=Hypochera) chalybeata.........    Village indigobird...........  III (Ghana)...............    2/26/76
  V. interjecta.........................    Uelle paradise whydah........  III (Ghana)...............    2/26/76
  V. larvaticola........................    Bako indigobird..............  III (Ghana)...............    2/26/76
  V. macroura...........................    Pin-tailed whydah............  III (Ghana)...............    2/26/76
  V. orientalis (=paradisaea)...........    Northern paradise whydah.....  III (Ghana)...............    2/26/76
  V. raricola...........................    Jambandu indigobird..........  III (Ghana)...............    2/26/76
  V. togoensis..........................    Togo paradise whydah.........  III (Ghana)...............    2/26/76
  V. wilsoni............................    Wilson's indigobird..........  III (Ghana)...............    2/26/76
  Xanthopsar (see Agelaius)
  Xipholena atropurpurea................    White-winged cotinga.........  I.........................     7/1/75
  Zosterops albogularis.................    White-chested white-eye,       I.........................     7/1/75
                                           Norfolk Island white-eye.

[[Page 534]]

 
CLASS REPTILIA:                           REPTILES:
Order Testudinata:                        Turtles, Tortoises:
  Batagur baska.........................    River terrapin, Tuntong......  I.........................     7/1/75
  Callagur borneoensis..................    Painted terrapin.............  II........................    9/18/97
  Cheloniidae spp. (all species in          Sea turtles..................  I.........................     7/1/75
   family).
  Chersina (=Testudo) spp...............    Bow-sprit tortoises..........  II........................     7/1/75
  Clemmys insculpta.....................    Wood turtle..................  II........................    6/11/92
  C. muhlenbergi........................    Bog turtle...................  I.........................     7/1/75
  Dermatemys mawii......................    Central American river turtle  II........................     6/6/81
  Dermochelys coriacea..................    Leatherback sea turtle.......  I.........................     7/1/75
  Erymnochelys madagascariensis.........    Madagascar turtle............  II........................     7/1/75
  Geochelone spp. (except species listed    Land tortoises...............  II........................     7/1/75
   below).
  G. (=Testudo) nigra (=elephantopus)...    Galapagos tortoise...........  I.........................     7/1/75
  G. (=Testudo) radiata.................    Madagascar radiated tortoise.  I.........................     7/1/75
  G. (=Testudo) yniphora................    Angulated tortoise...........  I.........................     7/1/75
  Geoclemys (=Damonia) hamiltonii.......    Spotted pond turtle..........  I.........................     7/1/75
  Gopherus spp. (except species listed      Gopher tortoises.............  II........................     7/1/75
   below).
  G. flavomarginatus....................    Bolson tortoise..............  I.........................     7/1/75
  Homopus spp...........................    African parrot-beaked          II........................     7/1/75
                                           tortoises.
  Kachuga tecta.........................    Indian sawback turtle........  I.........................     7/1/75
  Kinixys spp...........................    Hinged-back tortoise.........  II........................     7/1/75
  Lissemys punctata (all subspecies         Indian flap-shell tortoise...  II........................    2/16/95
   except punctata).
  L. p. punctata........................    Indian flap-shell tortoise...  II........................     7/1/75
  Malacochersus spp.....................    Pancake tortoises............  II........................     7/1/75
  Melanochelys (=Geoemyda) tricarinata..    Three-keeled Asian turtle....  I.........................     7/1/75
  Morenia ocellata......................    Burmese peacock turtle.......  I.........................     7/1/75
  Pelomedusa subrufa....................    Helmeted terrapin............  III (Ghana)...............    2/26/76
  Peltocephalus dumeriliana.............    Big-headed Amazon River        II........................     7/1/75
                                           turtle.
  Pelusios adansonii....................    Adanson's hinged terrapin....  III (Ghana)...............    2/26/76
  P. castaneus..........................    Brown hinged terrapin, Swamp   III (Ghana)...............    2/26/76
                                           hinged terrapin.
  P. gabonensis.........................    Gabon hinged terrapin........  III (Ghana)...............    2/26/76
  P. niger..............................    Black hinged terrapin........  III (Ghana)...............    2/26/76
  Podocnemis spp........................    South American turtles.......  II........................     7/1/75
  Psammobates (=Testudo) geometricus....    Geometric turtle.............  I.........................     2/4/77
  Pseudemydura umbrina..................    Short-necked swamp turtle....  I.........................     7/1/75
  Pyxis spp.............................    Madagascar spider tortoises..  II........................     7/1/75
  Terrapene spp. (all species except        Box turtles..................  II........................    2/16/95
   those in App. I).
  T. coahuila...........................    Aquatic box turtle...........  I.........................     7/1/75
  Testudinidae spp. (all species except     Land tortoises...............  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  Testudo spp. (all species except those    Land tortoises...............  II........................     7/1/75
   in App. I).
  T. kleinmanni.........................    Egyptian tortoise............  I.........................     2/4/77
  Trionyx ater..........................    Cuatro Cienegas softshell      I.........................     7/1/75
                                           turtle.
  T. gangeticus.........................    Indian softshell turtle......  I.........................     7/1/75
  T. hurum..............................    Peacock softshell turtle.....  I.........................     7/1/75
  T. nigricans..........................    Black softshell turtle.......  I.........................     7/1/75
  T. triunguis..........................    Three-clawed turtle..........  III (Ghana)...............    2/26/76
Order Crocodylia:                         Crocodiles, Alligators,
                                           Caimans, Gavials:
  Alligatoridae spp. (all species in        All Alligators, Caimans not    II........................     2/4/77
   family except those in App. I or with   listed below.
   earlier date in App. II).
  Alligator mississippiensis............    American alligator...........  II........................     7/1/75
  A. sinensis...........................    Chinese alligator............  I.........................     7/1/75
  Caiman crocodilus apaporiensis........    Apaporis River caiman........  I.........................     7/1/75
  C. crocodilus crocodilus..............    Common caiman, Spectacled      II........................     7/1/75
                                           caiman.
  C. crocodilus fuscus (including C.        Brown caiman.................  II........................     7/1/75
   crocodilus chiapasius).
  C. crocodilus yacare (=C. yacare).....    Yacare.......................  II........................     7/1/75
  C. latirostris (except population of      Broad-snouted caiman.........  I.........................     7/1/75
   Argentina).
  C. latirostris (population of             Broad-snouted caiman.........  II........................     7/1/75
   Argentina, subject to ranching
   provisions).
  Crocodylidae spp. (all species in         All Crocodiles not listed      II........................     2/4/77
   family except those in App. I or with   below.
   earlier date in App. II).
  Crocodylus acutus.....................    American crocodile...........  I.........................     7/1/75
  C. cataphractus.......................    African slender-snouted        I.........................     7/1/75
                                           crocodile.
  C. intermedius........................    Orinoco crocodile............  I.........................     7/1/75
  C. johnsoni...........................    Johnson's crocodile..........  II........................     7/1/75
  C. moreletii..........................    Morelet's crocodile..........  I.........................     7/1/75
  C. niloticus (except those populations    Nile crocodile...............  I.........................     7/1/75
   in App. II).

[[Page 535]]

 
  C. niloticus (populations of Botswana,    Nile crocodile...............  II........................     7/1/75
   Kenya, Malawi, South Africa, Zambia,
   and Zimbabwe, subject to ranching
   provisions).
  C. niloticus (population of Ethiopia,     Nile crocodile...............  II........................     7/1/75
   Madagascar, Mozambique, Tanzania, and
   Uganda, subject to annual export
   quota).
  C. novaeguineae (except subspecies        New Guinea crocodile,          II........................     7/1/75
   listed below).                          Freshwater crocodile.
  C. novaeguineae mindorensis...........    Philippine crocodile.........  I.........................     7/1/75
  C. palustris..........................    Mugger crocodile.............  I.........................     7/1/75
  C. porosus (except populations of         Saltwater crocodile..........  I.........................     7/1/75
   Australia, Papua New Guinea, and
   Indonesia).
  C. porosus (Australia and Papua New       Saltwater crocodile..........  II........................     7/1/75
   Guinea populations).
  C. porosus (Indonesian population         Saltwater crocodile..........  II........................     7/1/75
   subject to ranching provisions).
  C. rhombifer..........................    Cuban crocodile..............  I.........................     7/1/75
  C. siamensis..........................    Siamese crocodile............  I.........................     7/1/75
  Gavialis gangeticus...................    Gavial, Gharial..............  I.........................     7/1/75
  Melanosuchus niger (except for            Black caiman.................  I.........................     7/1/75
   population of Ecuador).
  M. niger (population of Ecuador,          Black caiman.................  II........................     7/1/75
   subject to a zero annual export quota
   until a different quota has been
   approved by the Secretariat).
  Osteolaemus tetraspis (except             Dwarf crocodile..............  I.........................     2/4/77
   subspecies listed below).
  O. tetraspis osborni..................    Dwarf crocodile..............  I.........................     7/1/75
  O. tetraspis tetraspis................    Dwarf crocodile..............  I.........................     7/1/75
  Paleosuchus trigonatus................    Smooth-fronted caiman........  II........................     7/1/75
  Tomistoma schlegelii..................    Tomistoma, False gavial......  I.........................     7/1/75
Order Rhynchocephalia:                    Tuatara:
  Sphenodon spp.........................    Tuataras.....................  I.........................     7/1/75
Order Sauria:                             Lizards:
  Amblyrhynchus cristatus...............    Galapagos marine iguana......  II........................     7/1/75
  Brachylophus spp......................    Fiji iguanas.................  I.........................     6/6/81
  Bradypodion spp.......................    Chameleons...................  II........................     2/4/77
  Chamaeleo spp.........................    Chamaeleons..................  II........................     2/4/77
  Cnemidophorus hyperythrus.............    Orange-throated whiptail       II........................     7/1/75
                                           lizard.
  Conolophus spp. (except species listed    Land lizards.................  II........................     2/4/77
   below).
  C. pallidus...........................    Barrington Island land lizard  II........................     7/1/75
  C. subcristatus.......................    Galapagos land iguana........  II........................     7/1/75
  Cordylus spp..........................    Girdled lizards..............  II........................     6/6/81
  Corucia zebrata.......................    Prehensile-tailed skink......  II........................    6/11/92
  Crocodilurus lacertinus...............    Dragon lizardet..............  II........................     2/4/77
  Cyclura spp...........................    Ground iguanas...............  I.........................     2/4/77
  Cyrtodactylus serpensinsula...........    Serpent Island gecko.........  II........................     2/4/77
  Dracaena spp..........................    Caiman lizards...............  II........................     2/4/77
  Gallotia simonyi......................    Hierro giant lizard..........  I.........................   10/22/87
  Heloderma spp.........................    Beaded lizards, Gila monster.  II........................     7/1/75
  Iguana spp............................    Iguanas......................  II........................     2/4/77
  Phelsuma spp..........................    Day geckos...................  II........................     2/4/77
  Phrynosoma coronatum (except              Coastal horned lizards.......  II........................    6/11/92
   subspecies with earlier date in App.
   II).
  P. coronatum blainvillei..............    San Diego horned lizard......  II........................     7/1/75
  Podarcis lilfordi.....................    Lilford's wall lizard........  II........................   10/22/87
  P. pityusensis........................    Ibiza wall lizard............  II........................   10/22/87
  Pseudocordylus spp....................    Crag lizards.................  II........................     6/6/81
  Sauromalus varius.....................    San Esteban Island chuckwalla  I.........................     6/6/81
  Shinisaurus crocodilurus..............    Chinese crocodile lizard.....  II........................    1/18/90
  Tupinambis spp........................    Tegu lizards.................  II........................     2/4/77
  Uromastyx spp.........................    Spiny-tailed lizards.........  II........................     2/4/77
  Varanus spp. (all species except those    Monitor lizards..............  II........................     7/1/75
   in App. I).
  V. bengalensis........................    Indian monitor, Bengal         I.........................     7/1/75
                                           monitor.
  V. flavescens.........................    Yellow monitor...............  I.........................     7/1/75
  V. griseus............................    Desert monitor...............  I.........................     7/1/75
  V. komodoensis........................    Komodo Island monitor, Komodo  I.........................     7/1/75
                                           dragon.
Order Serpentes:                          Snakes:
  Acrantophis spp.......................    Madagascar boas..............  I.........................     2/4/77
  Agkistrodon bilineatus................    Cantil.......................  III (Honduras)............    4/13/87
  Atretium schistosum...................    Olive keelback water snake...  III (India)...............    2/12/84
  Boa (=Constrictor) constrictor........    Boa constrictor..............  II........................     7/1/75

[[Page 536]]

 
  Boa constrictor occidentalis..........    Argentine boa constrictor....  I.........................     2/4/77
  Boidae spp. (all species except those     All Boa constrictors, Pythons  II........................     2/4/77
   in App. I or with earlier date in       not listed below.
   App. II).
  Bolyeria multocarinata................    Round Island boa.............  I.........................     2/4/77
  Bothrops asper........................    Terciopelo...................  III (Honduras)............    4/13/87
  B. nasutus............................    Rainforest hognosed pit-viper  III (Honduras)............    4/13/87
  B. nummifer...........................    Jumping pit-viper............  III (Honduras)............    4/13/87
  B. ophryomegas........................    Slender hognosed pit-viper...  III (Honduras)............    4/13/87
  B. schlegelii.........................    Eyelash palm pit-viper.......  III (Honduras)............    4/13/87
  Casarea dussumieri....................    Round Island boa.............  I.........................     2/4/77
  Cerberus rhynchops....................    Dog-faced water snake........  III (India)...............    2/12/84
  Clelia (=Pseudoboa) clelia............    Mussurana snake..............  II........................     7/1/75
  Crotalus durissus.....................    Tropical rattlesnake,          III (Honduras)............    4/13/87
                                           Cascabel.
  Cyclagras (=Hydrodynastes) gigas......    South American false water     II........................     7/1/75
                                           cobra.
  Elachistodon westermanni..............    Indian egg-eating snake......  II........................     7/1/75
  Epicrates cenchria cenchria...........    Rainbow boa..................  II........................     7/1/75
  E. inornatus..........................    Puerto Rican boa.............  I.........................     2/4/77
  E. monensis...........................    Mona boa.....................  I.........................     2/4/77
  E. subflavus..........................    Jamaican boa.................  I.........................     7/1/75
  Eunectes notaeus......................    Yellow anaconda..............  II........................     7/1/75
  Hoplocephalus bungaroides.............    Broad-headed snake...........  II........................     8/1/85
  Micrurus diastema.....................    Atlanta coral snake..........  III (Honduras)............    4/13/87
  M. nigrocinctus.......................    Black-banded coral snake.....  III (Honduras)............    4/13/87
  Naja naja.............................    Indian cobra.................  II........................    2/12/84
  N. oxiana (see Naja naja).............
  N. kaouthia (see Naja naja)...........
  Ophiophagus hannah....................    King cobra...................  II........................    2/12/84
  Ptyas mucosus.........................    Oriental rat snake, Whipsnake  II........................    2/12/84
  Python spp. (except subspecies listed     Pythons......................  II........................     7/1/75
   below).
  P. molurus molurus....................    Indian python................  I.........................     7/1/75
  Sanzinia madagascariensis.............    Tree boa.....................  I.........................     2/4/77
  Vipera russellii......................    Russell's viper..............  III (India)...............    2/12/84
  V. ursinii (except USSR populations)..    Orsini's viper...............  I.........................   10/22/87
  V. wagneri............................    Wagner's viper...............  II........................    6/11/92
  Xenochrophis (=Natrix) piscator.......    Checkered keelback water       III (India)...............    2/12/84
                                           snake.
CLASS AMPHIBIA:                           AMPHIBIANS:
Order Caudata:                            Salamanders:
  Ambystoma dumerilii...................    Lake Patzcuaro salamander....  II........................     7/1/75
  A. mexicanum..........................    Axolotl......................  II........................     7/1/75
  Andrias spp...........................    Giant salamanders............  I.........................     7/1/75
Order Anura:                              Frogs, Toads:
  Atelopus varius zeteki................    Panamanian golden frog.......  I.........................     7/1/75
  Bufo periglenes.......................    Monte Verde golden toad......  I.........................     7/1/75
  B. retiformis.........................    Sonoran green toad...........  II........................     7/1/75
  B. superciliaris......................    Cameroon toad................  I.........................     7/1/75
  Dendrobates spp.......................    Poison dart frogs, Poison      II........................   10/22/87
                                           arrow frogs.
  Dyscophus antongilii..................    Tomato frog..................  I.........................   10/22/87
  Epipedobates spp. (see Dendrobates
   spp.).
  Mantella aurantiaca...................    Malagasy golden mantella.....  II........................    2/16/95
  Minyobates spp. (see Dendrobates spp.)
  Nectophrynoides spp...................    African viviparous toads.....  I.........................     7/1/75
  Phyllobates spp.......................    Poison arrow frogs...........  II........................   10/22/87
  Rana hexadactyla......................    Asian bullfrog...............  II........................     8/1/85
  R. tigerina...........................    Indian bullfrog..............  II........................     8/1/85
  Rheobatrachus spp.....................    Platypus frog................  II........................     8/1/85
CLASS OSTEICHTHYES:                       BONY FISHES:
Order Ceratodontiformes                    Lungfishes:
 (=Ceratodiformes):
  Neoceratodus forsteri.................    Australian lungfish..........  II........................     7/1/75
Order Coelacanthiformes:                  Coelacanth:
  Latimeria chalumnae...................    Coelacanth, Gombessa.........  I.........................     7/1/75
Order Acipenseriformes (all species         All Sturgeons and Paddlefish   II........................     4/1/98
 except those in App. I or with earlier    not listed below.
 date in App. II)
  Acipenser brevirostrum................    Short-nosed sturgeon.........  I.........................     7/1/75
  A. oxyrhynchus........................    Atlantic sturgeon............  II........................     7/1/75
  A. sturio.............................    Baltic sturgeon..............  I.........................     7/1/75
  Polyodon spathula.....................    Paddlefish...................  II........................    6/11/92
Order Osteoglossiformes:                  Bonytongues:
  Arapaima gigas........................    Arapaima.....................  II........................     7/1/75
  Scleropages formosus..................    Asian bonytongue.............  I.........................     7/1/75
Order Cypriniformes:
  Caecobarbus geertsi...................    African blind barb, Congo      II........................     6/6/81
                                           blind barb.
  Chasmistes cujus......................    Cui-ui.......................  I.........................     7/1/75

[[Page 537]]

 
  Probarbus jullieni....................    Ikan temolek, Pla eesok......  I.........................     7/1/75
Order Siluriformes:                       Catfishes:
  Pangasianodon gigas...................    Thailand giant catfish.......  I.........................     7/1/75
Order Perciformes:                        Perch-like fishes:
  Cynoscion macdonaldi..................    Totoaba......................  I.........................     2/4/77
PHYLUM ARTHROPODA:                        ARTHROPODS:
CLASS Insecta:                            Insects:
  Bhutanitis spp........................    Bhutan glory swallowtails....  II........................   10/22/87
  Ornithoptera spp. (all species except     All Birdwing butterflies not   II........................    2/16/79
   those in App. I or with earlier date    listed below.
   in App. II).
  O. alexandrae.........................    Queen Alexandra's birdwing     I.........................     2/4/77
                                           butterfly.
  O. allotei............................    Birdwing butterfly...........  II........................     2/4/77
  O. chimaera...........................    Birdwing butterfly...........  II........................     2/4/77
  O. goliath............................    Birdwing butterfly...........  II........................     2/4/77
  O. meridionalis.......................    Birdwing butterfly...........  II........................     2/4/77
  O. paradisea..........................    Paradise birdwing butterfly..  II........................     2/4/77
  O. victoriae..........................    Queen Victoria's birdwing      II........................     2/4/77
                                           butterfly.
  Papilio chikae........................    Luzon peacock swallowtail....  I.........................   10/22/87
  P. homerus............................    Homerus swallowtail..........  I.........................   10/22/87
  P. hospiton...........................    Corsican swallowtail.........  I.........................   10/22/87
  Parnassius apollo.....................    Mountain apollo butterfly....  II........................     2/4/77
  P. apollo apollo......................    Mountain apollo butterfly....  II........................     7/1/75
  Teinopalpus spp.......................    Kaiser-I-Hind butterflies....  II........................   10/22/87
  Trogonoptera spp......................    Birdwing butterflies.........  II........................    2/16/79
  Troides spp...........................    Birdwing butterflies.........  II........................    2/16/79
CLASS Arachnida:                          Arachnids:
  Brachypelma (=Euathlus) spp. (except      Red-kneed tarantulas.........  II........................    2/16/95
   species with earlier date in App. II).
  B. smithi.............................    Red-kneed tarantula..........  II........................     8/1/85
  Pandinus dictator.....................    Emperor scorpion.............  II........................    2/16/95
  P. gambiensis.........................    Emperor scorpion.............  II........................    2/16/95
  P. imperator..........................    Emperor scorpion.............  II........................    2/16/95
PHYLUM ANNELIDA:                          ANNELID WORMS:
CLASS Hirudinea:                          Leeches:
Order Arhynchobdelliformes:               Rhynchobedellids:
  Hirudo medicinalis....................    Medicinal leech..............  II........................   10/22/87
PHYLUM MOLLUSCA:                          MOLLUSCS:
CLASS Pelecypoda (=Bivalvia):             Clams, Mussels:
  Conradilla caelata....................    Birdwing pearly mussel.......  I.........................     7/1/75
  Cyprogenia aberti.....................    Edible pearly mussel.........  II........................     7/1/75
  Dromus dromas.........................    Dromedary pearly mussel......  I.........................     7/1/75
  Epioblasma (=Dysnomia) curtisi (=E.       Curtis' pearly mussel........  I.........................     7/1/75
   florentina curtisi).
  E. florentina (=E. florentina             Yellow-blossom pearly mussel.  I.........................     7/1/75
   florentina).
  E. sampsoni...........................    Sampson's pearly mussel......  I.........................     7/1/75
  E. sulcata perobliqua.................    White cat's paw mussel.......  I.........................     7/1/75
  E. torulosa gubernaculum..............    Green-blossom pearly mussel..  I.........................     7/1/75
  E. torulosa rangiana..................    Tan-blossom pearly mussel....  II........................     7/1/75
  E. torulosa torulosa..................    Tuberculed-blossom pearly      I.........................     7/1/75
                                           mussel.
  E. turgidula..........................    Turgid-blossom pearly mussel.  I.........................     7/1/75
  E. walkeri............................    Brown-blossom pearly mussel..  I.........................     7/1/75
  Fusconaia cuneolus....................    Fine-rayed pigtoe mussel.....  I.........................     7/1/75
  F. edgariana..........................    Shiny pigtoe mussel..........  I.........................     7/1/75
  Hippopus spp. (see Tridacnidae spp.)..
  Lampsilis higginsii...................    Higgin's eye mussel..........  I.........................     7/1/75
  L. orbiculata orbiculata..............    Pink mucket mussel...........  I.........................     7/1/75
  L. satur..............................    Plain pocketbook mussel......  I.........................     7/1/75
  L. virescens..........................    Alabama lamp pearly mussel...  I.........................     7/1/75
  Plethobasus cicatricosus..............    White wartyback mussel.......  I.........................     7/1/75
  P. cooperianus........................    Orange-footed pimpleback       I.........................     7/1/75
                                           mussel.
  Pleurobema clava......................    Club pearly mussel...........  II........................     7/1/75
  P. plenum.............................    Rough pigtoe mussel..........  I.........................     7/1/75
  Potamilus (=Proptera) capax...........    Fat pocketbook mussel........  I.........................     7/1/75
  Quadrula intermedia...................    Cumberland monkey-face mussel  I.........................     7/1/75
  Q. sparsa.............................    Appalachian monkey-face        I.........................     7/1/75
                                           mussel.
  Toxolasma (=Carunculina) cylindrella..    Pale lilliput pearly mussel..  I.........................     7/1/75
  Tridacna derasa.......................    Giant clam...................  II........................    5/29/83
  T. gigas..............................    Giant clam...................  II........................    5/29/83
  Tridacnidae spp. (includes all species    Giant clams..................  II........................     8/1/85
   in genera Hippopus and Tridacna
   except those with earlier date in
   App. II).
  Unio (=Megalonaias) nickliniana.......    Nicklin's pearly mussel......  I.........................     7/1/75

[[Page 538]]

 
  U. (=Lampsilis or Cyrtonaias)             Tampico pearly mussel........  I.........................     7/1/75
   tampicoensis tecomatensis.
  Villosa (=Micromya) trabalis..........    Cumberland bean mussel.......  I.........................     7/1/75
CLASS Gastropoda:                         Snails:
  Achatinella spp.......................    Oahu tree snails.............  I.........................   10/22/87
  Papustyla (=Papuina) pulcherrima......    Manus Island tree snail......  II........................     7/1/75
  Strombus gigas .......................    Queen conch..................  II........................    6/11/92
PHYLUM CNIDARIA (=COELENTERATA):          CORAL-LIKE ANIMALS:
CLASS Anthozoa:                           Corals, Sea anemones:
Order Coenothecalia:
  All species in the Order (except those    .............................  II........................    1/18/90
   in genus with earlier date).
  Heliopora spp.........................    Blue corals..................  II........................     8/1/85
Order Stolonifera:
  Tubiporidae spp. (all species in          .............................  II........................    1/18/90
   family except genus with earlier
   date).
  Tubipora spp..........................    Organ-pipe corals............  II........................     8/1/85
Order Antipatharia:                        Black corals:
  All species in the Order..............    .............................  II........................     6/6/81
Order Scleractinia:                       Stony corals:
  All species in the Order (except the      .............................  II........................    1/18/90
   following genera with earlier date).
  Acropora spp..........................    Staghorn corals..............  II........................     8/1/85
  Euphyllia spp.........................    Trumpet corals...............  II........................     8/1/85
  Favia spp.............................    Brain corals.................  II........................     8/1/85
  Fungia spp............................    Mushroom corals..............  II........................     8/1/85
  Halomitra spp.........................    Bowl corals..................  II........................     8/1/85
  Lobophyllia spp.......................    Brain corals.................  II........................     8/1/85
  Merulina spp..........................    Merulinas....................  II........................     8/1/85
  Pavona spp............................    Cactus corals................  II........................     8/1/85
  Pectinia spp..........................    Lettuce corals...............  II........................     8/1/85
  Platygyra spp.........................    Brain corals.................  II........................     8/1/85
  Pocillopora spp.......................    Brush corals.................  II........................     8/1/85
  Polyphyllia spp.......................    Feather corals...............  II........................     8/1/85
  Seriatopora spp.......................    Birds nest corals............  II........................     8/1/85
  Stylophora spp........................    Cauliflower corals...........  II........................     8/1/85
CLASS Hydrozoa:                           Sea ferns, Fire corals,
                                           Stinging medusae:
Order Milleporina (=Athecata):
  Milleporidae spp. (all species in         .............................  II........................    1/18/90
   family except genus with earlier
   date).
  Millepora spp.........................    Fire corals..................  II........................     8/1/85
Order Stylasterina:
  Stylasteridae spp. (all species in        .............................  II........................    1/18/90
   family)..
PLANT KINGDOM (note general exclusions    PLANTS:
 and exceptions in introductory text):
Family Agavaceae:                         Agave family:
  Agave arizonica.......................    New River agave..............  I.........................    7/29/83
  A. parviflora.........................    Santa Cruz striped agave.....  I.........................    7/29/83
  A. victoriae-reginae (=A. ferninandi-     Queen Victoria agave.........  II........................    7/29/83
   regis).
  Nolina interrata......................    Dehesa bear-grass............  I.........................    7/29/83
Family Amaryllidaceae:                    Amaryllis family:
  Galanthus spp. (and their natural         Snowdrops....................  II........................    1/18/90
   hybrids).
  Sternbergia spp.......................    Sternbergias.................  II........................    1/18/90
Family Apocynaceae:                       Dogbane family:
  Pachypodium spp. (except species          Pachypodiums.................  II........................     7/1/75
   listed in App. I).
  P. ambongense (and its natural            .............................  I.........................     7/1/75
   hybrids).
  P. baronii (and its natural hybrids)..    .............................  I.........................     7/1/75
  P. brevicaule (and its natural            .............................  II........................     7/1/75
   hybrids).
  P. decaryi (and its natural hybrids)..    .............................  I.........................     7/1/75
  Rauvolfia serpentina (except chemical     Snake-root devil-pepper......  II........................    1/18/90
   derivatives).
Family Araliaceae:                        Ginseng family:
  Panax quinquefolius (whole and sliced     American ginseng.............  II........................     7/1/75
   roots and parts of roots, excluding
   manufactured parts or derivatives
   such as powders, pills, extracts,
   tonics, teas, and confectionery)..
Family Araucariaceae:                     Monkey-puzzle tree family:
  Araucaria araucana (all populations       Monkey-puzzle tree...........  II........................     7/1/75
   except that of Chile).
  A. araucana (population of Chile).....    Monkey-puzzle tree...........  I.........................     7/1/75
Family Asclepiadaceae:                    Milkweed family:
  Ceropegia spp.........................    Ceropegias...................  II........................    6/28/79

[[Page 539]]

 
  Frerea indica.........................    .............................  II........................    6/28/79
Family Berberidaceae:                     Barberry family:
  Podophyllum hexandrum (=P. emodi;         Himalayan may-apple..........  II........................    1/18/90
   =Sinopodophyllum hexandrum) (except
   chemical derivatives).
Family Bromeliaceae:                      Pineapple family:
  Tillandsia harrisii...................    Harris tillandsia............  II........................    6/11/92
  T. kammii.............................    Kamm tillandsia..............  II........................    6/11/92
  T. kautskyi...........................    Kautsky tillandsia...........  II........................    6/11/92
  T. mauryana...........................    Maury tillandsia.............  II........................    6/11/92
  T. sprengeliana.......................    Sprengel tillandsia..........  II........................    6/11/92
  T. sucrei.............................    Sucre tillandsia.............  II........................    6/11/92
  T. xerographica.......................    Xerographic tillandsia.......  II........................    6/11/92
Family Byblidaceae:                       Byblis family:
  Byblis spp............................    Byblis, Rainbow plants.......  II........................    6/28/79
Family Cactaceae (note general             Cactus family:
 exclusions and exceptions in the
 introductory text):
  All species except those in App. I,       Cacti........................  II........................     7/1/75
   and except artificially propagated
   specimens of the following hybrids
   and/or cultivars: (1) Hatiora x
   graeseri (=H. gaertneri x H. rosea);
   (2) Schlumbergera (=Zygocactus)
   truncata cultivars and its hybrids
   with S. opuntoides (=S. x exotica),S.
   orssichiana, and S. russelliana (=S.
   x buckleyi); (3) Gymnocalycium
   mihanovichii cultivars lacking
   chlorophyll, grafted on
   Hatiora`Jusbertii`, Hylocereus
   trigonus or H. undatus; and (4)
   Opuntia microdasys.
  Ariocarpus spp. (includes Neogomesia      Living-rock cacti............  I.........................     7/1/75
   sp. and Roseocactus spp.).
  Astrophytum (=Echinocactus) asterias..    Sea-urchin cactus, Star        I.........................     7/1/75
                                           cactus.
  Aztekium ritteri......................    Aztec cactus.................  I.........................     7/1/75
  Coryphantha (other than C.
   werdermannii) (see Escobaria).
  C. werdermannii (=C. densispina;          Jabali pincushion cactus.....  I.........................     7/1/75
   Mammillaria w.).
  Discocactus spp.......................    Discocacti...................  I.........................     7/1/75
  Disocactus (=Lobeira, =Nopalxochia)       MacDougall's cactus..........  I.........................     7/1/75
   macdougallii.
  Echinocereus ferreirianus var.            Lindsay's hedgehog cactus....  I.........................     7/1/75
   lindsayi (=E. lindsayi).
  E. (=Cereus, =Wilcoxia) schmollii.....    Lamb's-tail cactus...........  I.........................     7/1/75
  Escobaria leei (=E. sneedii var. leei)    Lee pincushion cactus........  I.........................     7/1/75
  E. minima (=Coryphantha m., not           Nellie's corycactus..........  I.........................     7/1/75
   Mammillaria m.; =C. nelliae, E. n.,
   =Mammillaria n.).
  E. sneedii, including E. s. var. leei     Sneed pincushion cactus......  I.........................     7/1/75
   (=Coryphantha s. var. l., =E. leei,
   =Mammillaria l.) and E. s. var.
   sneedii (=Coryphantha s.,
   =Mammillaria s.).
  Mammillaria pectinifera (=Solisia         Conchilinque.................  I.........................     7/1/75
   pectinata).
  M. solisioides........................    Pitayita.....................  I.........................     7/1/75
  Melocactus conoideus..................    Conelike Turk's-cap cactus...  I.........................     7/1/75
  M. deinacanthus.......................    Wonderfully bristled Turk's-   I.........................     7/1/75
                                           cap cactus.
  M. glaucescens........................    Wooly waxy-stemmed Turk's-cap  I.........................     7/1/75
                                           cactus.
  M. paucispinus........................    Few-spined Turk's-cap cactus.  I.........................     7/1/75
  Obregonia denegrii....................    Artichoke cactus.............  I.........................     7/1/75
  Pachycereus militaris (=Backebergia       Teddy-bear cactus, Military    I.........................     7/1/75
   m., =Cephalocereus m., =Mitrocereus     cap.
   m., =Pachycereus chrysomallus).
  Pediocactus (=Toumeya) bradyi.........    Brady pincushion cactus......  I.........................     7/1/75
  P. despainii..........................    San Rafael cactus............  I.........................     7/1/75
  P. knowltonii (=P. bradyi var. k.,        Knowlton cactus..............  I.........................     7/1/75
   =Toumeya k.).
  P. paradinei (=Pilocanthus p.)........    Houserock Valley cactus......  I.........................     7/1/75
  P. peeblesianus, including P. p. var.     Fickeisen Navajo cactus,       I.........................     7/1/75
   fickeiseniae (=Navajoa f., =Toumeya     Peebles Navajo cactus.
   f.) and P. p. var. peeblesianus
   (=Echinocactus p., =Navajoa p.,
   =Toumeya p., =Utahia p.).
  P. sileri (=Echinocactus s., =Utahia      Siler pincushion cactus......  I.........................     7/1/75
   s.).
  P. winkleri...........................    Winkler pincushion cactus....  I.........................     7/1/75
  Pelecyphora (=Encephalocarpus) spp....    Hatchet cactus, Pinecone       I.........................     7/1/75
                                           cactus, Peyotillo.
  Sclerocactus brevihamatus subsp.          Tobusch fishhook cactus......  I.........................     7/1/75
   tobuschii (=Ancistrocactus t.,
   =Echinocactus t., =Ferocactus t.,
   =Mammillaria t.).

[[Page 540]]

 
  S. erectocentrus (=Echinocactus e.,       Redspine fishhook cactus.....  I.........................     7/1/75
   =Echinomastus e., =Neolloydia e.,
   =Thelocactus e.; =Echinomastus
   acunensis, =Echinomastus e. var a.,
   =Neolloydia e. var a.; =Echinocactus
   krausei, =Echinomastus k.).
  S. glaucus (=S. franklinii;               Uinta Basin hookless cactus..  I.........................     7/1/75
   =Echinocactus g., =Ferocactus g.,
   =Pediocactus g., =S. whipplei var.
   g.; =E. subglaucus; =S. wetlandicus;
   =S. w. var. ilseae).
  S. (=Echinomastus, =Neolloydia)           Mariposa cactus..............  I.........................     7/1/75
   mariposensis.
  S. mesae-verdae.......................    Mesa Verde cactus............  I.........................     7/1/75
  S. papyracanthus (=Echinocactus p.,       Grama-grass cactus...........  I.........................     7/1/75
   =Mammillaria p., =Pediocactus p.,
   =Toumeya p.).
  S. pubispinus.........................    Great Basin fishhook cactus..  I.........................     7/1/75
  S. wrightiae..........................    Wright's fishhook cactus.....  I.........................     7/1/75
  Strombocactus spp. (=S. disciformis in    Disc cactus, Top cactus......  I.........................     7/1/75
   broad sense).
  Turbinicarpus spp. (includes              Turbinicarps.................  I.........................     7/1/75
   Gymnocactus spp., most Neolloydiaspp.
   [in sense of E.F. Anderson 1986],
   Normanbokea spp., and Rapicactusspp.).
  Uebelmannia spp.......................    Uebelmann cacti..............  I.........................     7/1/75
Family Caryocaraceae:                     Souari family:
  Caryocar costaricense.................    Ajo..........................  II........................     7/1/75
Family Cephalotaceae:                     Australian pitcher-plant
                                           family:
  Cephalotus follicularis...............    West Australian pitcher plant  II........................    6/28/79
Family Compositae (=Asteraceae):          Aster family:
  Saussurea costus (=S. lappa)..........    Costus, Kuth root............  I.........................     7/1/75
Family Crassulaceae:                      Stonecrop family:
  Dudleya stolonifera...................    Laguna Beach dudleya.........  I.........................    7/29/83
  D. traskiae...........................    Santa Barbara Island dudleya.  I.........................    7/29/83
Family Cupressaceae:                      Cypress family:
  Fitz-roya cupressoides................    Fitzroya, Alerce.............  I.........................     7/1/75
  Pilgerodendron uviferum...............    Pilgerodendron...............  I.........................     7/1/75
Family Cyatheaceae:                       Tree-fern family:
  All species in the family except those     Tree ferns..................  II........................     2/4/77
   with earlier date.
  Cyathea (=Hemitelia) capensis ........    .............................  II........................     7/1/75
  C. dredgei............................    .............................  II........................     7/1/75
  C. mexicana...........................    .............................  II........................     7/1/75
  C. (=Alsophila) salvinii..............    .............................  II........................     7/1/75
Family Cycadaceae:                        Old World cycad family (see
                                           families Stangeriaceae and
                                           Zamiaceae for other cycads):
  All species in the family except          Cycads.......................  II........................     2/4/77
   species in App. I.
  Cycas beddomei........................    Beddome cycad................  I.........................     2/4/77
Family Diapensiaceae:                     Diapensia family:
  Shortia galacifolia...................    Oconee bells.................  II........................    7/29/83
Family Dicksoniaceae:                     Tree-fern family:
  All species in the family.............    Tree-ferns...................  II........................     2/4/77
Family Didiereaceae:                      Alluaudia family:
  All species in the family.............    Alluaudia....................  II........................     2/4/77
Family Dioscoreaceae:                     Yam family:
  Dioscorea deltoidea...................    Kniss, Kurta.................  II........................     7/1/75
Family Droseraceae:                       Sundew family:
  Dionaea muscipula.....................    Venus flytrap................  II........................    6/11/92
Family Ericaceae:                         Heath family:
  Kalmia cuneata........................    White wicky..................  II........................    7/29/83
Family Euphorbiaceae:                     Spurge family:
  Euphorbia spp., except those species      Euphorbias...................  II........................     7/1/75
   in App. I, and excluding non-
   succulent species and artificially
   propagated specimens of Euphorbia
   trigona cultivars.
  E. subgenus Lacanthis dwarf species in  Malagasy dwarf euphorbias as
   Madagascar and their natural hybrids    shown:
   as given below:
  E. ambovombensis (and its natural         .............................  I.........................     7/1/75
   hybrids).
  E. capsaintemariensis (= E. decaryi       .............................  I.........................     7/1/75
   var. c.) (and its natural hybrids).
  E. cremersii..........................    .............................  I.........................     7/1/75
  E. cylindrifolia (including subsp.        .............................  I.........................     7/1/75
   tuberifera) (and its natural hybrids).
  E. decaryi (and its natural hybrids)      .............................  I.........................     7/1/75
   (see also E. capsaintemariensis,
   formerly included in E. decaryi).

[[Page 541]]

 
  E. francoisii (and its natural            .............................  I.........................     7/1/75
   hybrids).
  E. moratii (and its natural hybrids)..    .............................  I.........................     7/1/75
  E. parvicyathophora (and its natural      .............................  I.........................     7/1/75
   hybrids).
  E. quartziticola (and its natural         .............................  I.........................     7/1/75
   hybrids).
  E. tulearensis (= E.                      .............................  I.........................     7/1/75
   capsaintemariensis var. tulearensis)
   (and its natural hybrids).
Family Fouquieriaceae:                    Ocotillo family:
  Fouquieria columnaris.................    Boojum tree..................  II........................    7/29/83
  F. fasciculata........................    Arbol del barril.............  I.........................    7/29/83
  F. purpusii...........................    .............................  I.........................    7/29/83
Family Gnetaceae:                         Gnetum family:
  Gnetum montanum.......................    .............................  III (Nepal)...............   11/16/75
Family Juglandaceae:                      Walnut family:
  Oreomunnea (=Engelhardia) pterocarpa..    Gavilan......................  II........................     7/1/75
Family Leguminosae (=Fabaceae):           Pea family:
  Dalbergia nigra.......................    Brazilian rosewood...........  I.........................    6/11/92
  Pericopsis elata (including logs, sawn    Afrormosia...................  II........................    6/11/92
   wood, and veneer sheets, but not
   other parts or derivatives).
  Platymiscium pleiostachyum............    Cristobal, Granadillo........  II........................     7/1/75
  Pterocarpus santalinus (only logs,        Red sandalwood, Redsanders...  II........................    2/16/95
   wood-chips, and unprocessed broken
   material).
Family Liliaceae:                         Lily family:
  Aloe spp. (all except those in App. I,    Aloes........................  II........................     7/1/75
   and excluding A. vera [=A.
   barbadensis] except A. vera var.
   chinensis).
  A. albida.............................    .............................  I.........................     7/1/75
  A. albiflora..........................    .............................  I.........................     7/1/75
  A. alfredii...........................    .............................  I.........................     7/1/75
  A. bakeri.............................    .............................  I.........................     7/1/75
  A. bellatula..........................    .............................  I.........................     7/1/75
  A. calcairophila......................    .............................  I.........................     7/1/75
  A. compressa (incl. var. rugosquamosa,    .............................  I.........................     7/1/75
   var.schistophila).
  A. delphinensis.......................    .............................  I.........................     7/1/75
  A. descoingsii........................    .............................  I.........................     7/1/75
  A. fragilis...........................    .............................  I.........................     7/1/75
  A. haworthioides (incl. var.              .............................  I.........................     7/1/75
   aurantiaca).
  A. helenae............................    .............................  I.........................     7/1/75
  A. laeta (incl. var. maniensis).......    .............................  I.........................     7/1/75
  A. parallelifolia.....................    .............................  I.........................     7/1/75
  A. parvula............................    .............................  I.........................     7/1/75
  A. pillansii..........................    Boomaalwyn...................  I.........................     7/1/75
  A. polyphylla.........................    Spiral aloe..................  I.........................     7/1/75
  A. rauhii.............................    .............................  I.........................     7/1/75
  A. suzannae...........................    .............................  I.........................     7/1/75
  A. thorncroftii.......................    .............................  I.........................     7/1/75
  A. versicolor.........................    .............................  I.........................     7/1/75
  A. vossii.............................    .............................  I.........................     7/1/75
Family Magnoliaceae:                      Magnolia family:
  Magnolia (=Talauma) hodgsonii.........    .............................  III (Nepal)...............   11/16/75
Family Meliaceae:                         Mahogany family:
  Swietenia humilis.....................    Pacific coast mahogany.......  II........................     7/1/75
  S. macrophylla (populations in the        Bigleaf mahogany.............  III (Bolivia, Brazil,        11/16/95
   Americas, including logs, sawn wood,                                     Costa Rica, Mexico).
   and veneer sheets, but not other
   parts or derivatives).
  S. mahagoni (including logs, sawn         Caribbean mahogany...........  II........................    6/11/92
   wood, and veneer sheets, but not
   other parts or derivatives).
Family Nepenthaceae:                      Old World pitcher-plant family:
  Nepenthes spp. (all species except        Tropical pitcher plants......  II........................   10/22/87
   those in App. I).
  N. khasiana...........................    Indian tropical pitcher plant  I.........................   10/22/87
  N. rajah..............................    Giant tropical pitcher plant.  I.........................     6/6/81
Family Orchidaceae (= Apostasiaceae,      Orchid family:
 Cypripediaceae) (note general
 exclusions and exceptions in
 introductory text):
  All species except those in App. I....    Orchids......................  II........................     7/1/75
  Cattleya trianae......................    Christmas orchid.............  I.........................     7/1/75
  Dendrobium cruentum...................    .............................  I.........................     7/1/75
  Laelia jongheana......................    .............................  I.........................     7/1/75
  L. lobata.............................    .............................  I.........................     7/1/75
  Paphiopedilum spp.....................    Asian tropical lady's          I.........................     7/1/75
                                           slippers.
  Peristeria elata......................    Holy Ghost, Dove orchid......  I.........................     7/1/75

[[Page 542]]

 
  Phragmipedium spp. (includes              New World tropical lady's      I.........................     7/1/75
   Mexipedium sp.).                        slippers.
  Renanthera imschootiana...............    .............................  I.........................     7/1/75
  Vanda coerulea........................    Blue vanda...................  I.........................     7/1/75
Family Palmae (=Arecaceae):               Palm family:
  Chrysalidocarpus decipiens............    .............................  II........................     2/4/77
  Neodypsis decaryi.....................    Triangle palm................  II........................     7/1/75
Family Papaveraceae:                      Poppy family:
  Meconopsis regia......................    .............................  III (Nepal)...............   11/16/75
Family Pinaceae:                          Pine family:
  Abies guatemalensis...................    Guatemalan fir...............  I.........................     7/1/75
Family Podocarpaceae:                     Podocarp family:
  Podocarpus neriifolius................    .............................  III (Nepal)...............   11/16/75
  P. parlatorei.........................    Parlatore's podocarp,          I.........................     7/1/75
                                           Monteromero.
Family Podophyllaceae (see
 Berberidaceae)
Family Portulacaceae:                     Portulaca family:
  Anacampseros spp. (including A. [=        .............................  II........................     7/1/75
   Grahamia]australiana, A. [=G.]
   kurtzii).
  Avonia spp. (formerly a part of           .............................  II........................     7/1/75
   Anacampseros spp.).
  Lewisia cotyledon.....................    Siskiyou lewisia.............  II........................    7/29/83
  L. maguirei...........................    Maguire's lewisia............  II........................    7/29/83
  L. serrata............................    Saw-toothed lewisia..........  II........................    7/29/83
Family Primulaceae:                       Primrose family:
  Cyclamen spp., excluding artificially     Cyclamens....................  II........................     7/1/75
   propagated specimens of the cultivars
   of Cyclamen persicum (except when
   traded as dormant tubers).
Family Proteaceae:                        Protea family:
  Orothamnus zeyheri....................    Marsh-rose...................  II........................     7/1/75
  Protea odorata........................    Ground-rose..................  II........................     7/1/75
Family Ranunculaceae:                     Buttercup family:
  Hydrastis canadensis (whole and sliced    Goldenseal...................  II........................    9/18/97
   roots and parts of roots, excluding
   manufactured parts or derivatives
   such as powders, pills, extracts,
   tonics, teas, and confectionery).
Family Rosaceae:                          Rose family:
  Prunus africana.......................    African cherry...............  II........................    2/16/95
Family Rubiaceae:                         Coffee family:
  Balmea stormiae.......................    Ayuque.......................  I.........................     7/1/75
Family Sarraceniaceae:                    New World pitcher-plant family:
  Darlingtonia californica..............    Western pitcher plant, Cobra-  II........................     6/6/81
                                           lily.
  Sarracenia spp. (all species and          Trumpet pitcher plants.......  II........................   10/22/87
   natural hybrids except species in
   App. I).
  S. alabamensis subsp. alabamensis (=S.    Alabama canebrake pitcher      I.........................     6/6/81
   rubra subsp. alabamensis).              plant.
  S. jonesii (=S. rubra subsp. jonesii).    Mountain sweet pitcher plant.  I.........................     6/6/81
  S. oreophila..........................    Green pitcher plant..........  I.........................     6/6/81
Family Scrophulariaceae:                  Figwort family:
  Picrorhiza kurrooa (whole and sliced      Kutki........................  II........................    9/18/97
   roots and parts of roots, excluding
   manufactured parts or derivatives
   such as powders, pills, extracts,
   tonics, teas, and confectionery).
Family Stangeriaceae:                     Stangeria family:
  Bowenia spp. (formerly in Zamiaceae)..    Bipinnate cycads.............  II........................     2/4/77
  Stangeria eriopus (=S. paradoxa)......    Stangeria, Fern-leafed cycad.  I.........................     7/1/75
Family Taxaceae:                          Yew family:
  Taxus wallichiana (=T. baccata subsp.     Himalayan yew................  II........................    2/16/95
   wallichiana) (except finished
   pharmaceutical products).
Family Tetracentraceae:                   Tetracentron family:
  Tetracentron sinense..................    Tetracentron.................  III (Nepal)...............   11/16/75
Family Thymelaeaceae (=Aquilariaceae):    Mezereon family:
  Aquilaria malaccensis.................    Agarwood, Aloewood...........  II........................    2/16/95
Family Valerianaceae:                     Valerian family:
  Nardostachys grandiflora                  Himalayan nard or spikenard..  II........................    9/18/97
   (=Nardostachys jatamansi misapplied)
   (whole and sliced roots and parts of
   roots, excluding manufactured parts
   or derivatives such as powders,
   pills, extracts, tonics, teas, and
   confectionery).
Family Welwitschiaceae:                   Welwitschia family:
  Welwitschia mirabilis (=W. bainesii)..    Welwitschia..................  II........................     7/1/75
Family Zamiaceae:                         Cycad family:
  All species except those in App. I....    .............................  II........................     2/4/77
  Ceratozamia spp.......................    Ceratozamias, Horncones......  I.........................     2/4/77
  Chigua spp............................    .............................  I.........................     2/4/77

[[Page 543]]

 
  Encephalartos spp.....................    Bread palms, African cycads..  I.........................     7/1/75
  Microcycas calocoma...................    Palma corcho, Microcycas.....  I.........................     7/1/75
Family Zingiberaceae:                     Ginger family:
  Hedychium philippinense...............    Philippine garland flower....  II........................     7/1/75
Family Zygophyllaceae:                    Cresote-bush family:
  Guaiacum officinale...................    Commoner lignum vitae........  II........................    6/11/92
  G. sanctum............................    Holywood lignum vitae........  II........................     7/1/75
----------------------------------------------------------------------------------------------------------------


[60 FR 52450, Oct. 6, 1995, as amended at 61 FR 6795, Feb. 22, 1996; 63 
FR 26740, May 14, 1998; 63 FR 58327, Oct. 30, 1998; 63 FR 63212, 63214, 
Nov. 12, 1998; 64 FR 31991, June 15, 1999]



   Subpart D--Public Participation in the Development of Negotiating 
     Positions for Meetings of the Conference of the Parties to the 

 Convention on International Trade in Endangered Species of Wild Fauna 
                 and Flora; Federal Agency Consultation

    Source: 45 FR 83238, Dec. 18, 1980, unless otherwise noted.



Sec. 23.31  Purpose of regulations.

    The regulation contained in this subpart sets out procedures for 
participation of the public and consultation with appropriate Federal 
agencies in the Service's process of developing negotiating positions to 
be used by the representative of the United States to meetings of the 
Conference of the Parties to the Convention provided for by Article XI 
of the Convention.



Sec. 23.32  Notice of meeting of Conference of the Parties to the Convention.

    (a) Upon receipt of a notice of a meeting to the Conference of the 
Parties to the Convention, the director shall publish in the Federal 
Register a notice setting forth the time and place of the meeting, and 
the proposed agenda, and inviting the public to comment and provide 
information on agenda items including, when appropriate, suggestions for 
additional agenda items.
    (b) Upon receipt from the CITES Secretariat of a notice of 
additional agenda items, the Director shall publish in the Federal 
Register a notice inviting the public to comment and provide information 
on such items.



Sec. 23.33  Notice of proposed negotiating positions.

    Subsequent to the comment period of the notice of meeting of the 
Conference of the Parties to the Convention, the Director shall publish 
in the Federal Register a notice of proposed negotiating positions 
setting forth a summary of the information and comments received in 
response to any of the notices mentioned in Sec. 23.33, the negotiating 
positions which the Service proposes to use at the meetings of the 
Conference of the Parties to the Convention, and the basis thereof, and 
inviting information and comments on the proposed negotiating positions. 
The notice will also set forth the time and place of at least one public 
meeting to provide information and comments on the proposed negotiating 
positions of the Service.



Sec. 23.34  Public meetings.

    The Service shall hold at least one public meeting to enable 
interested persons to provide information and comments on the proposed 
agenda and at least one such public meeting on the proposed negotiating 
positions of the Service. Written statements may be submitted to the 
Service before and at the meeting. Appointments to speak at the meetings 
may be made with the Federal Wildlife Permit Office, Washington, DC 
20240 (703/235-2418). Participants without prior appointments will be 
given an opportunity to speak to the extent time allows following 
speakers with appointments.

[[Page 544]]



Sec. 23.35  Notice of negotiating positions.

    Subsequent to the comment period of the notice of proposed 
negotiating positions, and after all associated public meetings have 
been held, the Director shall publish in the Federal Register a notice 
setting forth (a) a summary of the information and comments received in 
response to the notice of proposed negotiationg positions, (b) a summary 
of negotiating positions of the Service to be used by the representative 
of the United States to the meeting of the Conference of the Parties to 
the Convention, and (c) the basis of such negotiating positions.



Sec. 23.36  Schedule of public meetings and notices.

    The Director shall publish in the Federal Register a schedule, 
subject to change and modification, of all public meetings and notices 
related to preparation of negotiating positions for meetings of the 
Conference of the Parties to the Convention.



Sec. 23.37  Federal agency consultation.

    The Service shall consult with appropriate Federal agencies in the 
development of negotiating positions.



Sec. 23.38  Modifications of procedures and negotiating positions.

    (a) Any of the procedures in Secs. 23.32 through 23.36 may be 
modified or suspended by the Director on notice published in the Federal 
Register where to follow the procedures would interfere with the timely 
or appropriate development of negotiating positions.
    (b) Any of the negotiating positions set forth in a notice of 
negotiating positions may be modified, reversed or abandoned by the 
United States representative to a meeting of the Conference of the 
Parties to the Convention where to do so would be in the best interests 
of the United States.



Sec. 23.39  Notice of availability of official report.

    After any meeting of the Conference of the Parties to the Convention 
attended by a United States representative, the Service shall publish a 
notice of availability of the official report of such representative and 
set forth how and where copies of such report can be obtained.

Subpart E--Scientific Authority Advice [Reserved]



                  Subpart F--Export of Certain Species

    Source: 45 FR 80446, Dec. 4, 1980, unless otherwise noted.



Sec. 23.51  American ginseng (Panax quinquefolius).

    State populations for which the export of the indicated season's 
harvest may be permitted under Sec. 23.15 of this part:
    (a) 1978 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Michigan, Minnesota, Missouri, New York, North 
Carolina, Pennsylvania, Tennessee, Virginia, West Virginia, and 
Wisconsin.

    Conditions on findings: Roots must be documented as to state of 
origin and season of collecting.
    For further information see: 43 FR 29469, July 7, 1978; 43 FR 35013, 
Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978; and 43 FR 39305, Sept. 1, 
1978.

    (b) 1979 Harvest: Arkansas, Georgia, Illinois, Iowa, Kentucky, 
Maryland, Minnesota, Missouri, North Carolina, Ohio, Tennessee, 
Virginia, West Virginia, and Wisconsin.

    Conditions on findings: Roots must be documented as to state of 
origin and season of collecting. Wild roots must be certified by the 
state as legally collected. For further information see: 44 FR 25384, 
Apr. 30, 1979; 44 FR 3107, June 1, 1979; and 44 FR 47912, Aug. 15, 1979.

    (c) 1980 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Minnesota, Missouri, New York, North Carolina, Ohio, 
Tennessee, Virginia, West Virginia, and Wisconsin.

    Conditions on findings: Roots must be documented as to state or 
origin and season of collecting. Wild and cultivated roots must be 
certified by the state as legally collected, and such certification must 
be presented upon export.

    (d) 1981 Harvest: Arkansas, Georgia, Illinois, Indiana, Iowa, 
Kentucky, Maryland, Minnesota, Missouri, North Carolina, Ohio, 
Tennessee, Vermont

[[Page 545]]

(artificially propagated ginseng only), Virginia, West Virginia, 
Wisconsin.

    Condition on findings: Roots must be documented as to state of 
origin and season of collecting. Wild and cultivated roots must be 
certified by the state as legally collected and such certification must 
be presented upon export. Vermont is approved for export of artificially 
propagated ginseng roots only.

    (e)(1) 1982-1993 harvests (wild and cultivated roots for each year 
unless noted).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   Harvest years
                          State                          -----------------------------------------------------------------------------------------------
                                                           1982    1983    1984    1985    1986    1987    1988    1989    1990    1991    1992    1993
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama.................................................     --      --      --      --      --      --       X       X       X       X       X       X
Arkansas................................................      X       X       X       X       X       X       X       X       X       X       X       X
Georgia.................................................      X       X       X       X       X       X       X       X       X       X       X       X
Illinois................................................      X       X       X       X       X       X       X       X       X       X       X       X
Indiana.................................................      X       X       X       X       X       X       X       X       X       X       X       X
Iowa....................................................      X       X       X       X       X       X       X       X       X       X       X       X
Kentucky................................................      X       X       X       X       X       X       X       X       X       X       X       X
Maryland................................................      X       X       X       X       X       X       X       X       X       X       X       X
Minnesota...............................................      X       X       X       X       X       X       X       X       X       X       X       X
Missouri................................................      X       X       X       X       X       X       X       X       X       X       X       X
New York................................................     --      --      --      --      --      --       X       X       X       X       X       X
North Carolina..........................................      X       X       X       X       X       X       X       X       X       X       X       X
Ohio....................................................      X       X       X       X       X       X       X       X       X       X       X       X
Pennsylvania............................................     --      --      --      --      --      --       X       X       X       X       X       X
Tennessee...............................................      X       X       X       X       X       X       X       X       X       X       X       X
Vermont.................................................      X       X       X       X       X       X       X       X       X       X       X       X
Virginia................................................      X       X       X       X       X       X       X       X       X       X       X       X
West Virginia...........................................      X       X       X       X       X       X       X       X       X       X       X       X
Wisconsin...............................................      X       X       X       X       X       X       X       X       X       X       X      X
--------------------------------------------------------------------------------------------------------------------------------------------------------
X: Export approval granted for wild and cultivated ginseng harvested in State indicated.
--: Export not requested or not granted.
a: Export approval only for artificially propagated (cultivated) ginseng harvested in State indicated.

    (2) Conditions on export: All plants and roots must be documented as 
to State of origin, season of collection, and dry or green (fresh) 
weight. The State must certify whether roots and plants originated in 
that State, are wild or cultivated (artificially propagated) specimens, 
and were legally obtained in a particular season. Such State 
certification, a current Federal export document, an executed dealer or 
exporter's invoice, and the ginseng must be presented upon export. All 
other export procedures must be followed as described by the Service in 
this rule. The State must maintain ginseng management and harvest 
programs, as described by the Service in this rule, and annual ginseng 
program data for the preceding harvest season should be available to the 
Office of Management Authority by May 31 of each year. Export procedures 
must be completed as outlined and discussed in this paragraph.

    Note.--American ginseng purchased from non-export approved States by 
State-registered ginseng dealers for domestic use and commerce must be 
reported to the State of registration, along with all other ginseng 
commerce. Such ginseng is not eligible for export from the United States 
and must be dealer-maintained physically separated from that ginseng 
eligible for export from this country so that there is no chance of 
intermingling the specimens.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 49 
FR 34023, Aug. 24, 1984; 50 FR 39696, Sept. 30, 1985; 50 FR 42027, Oct. 
17, 1985; 53 FR 33819, Sept. 1, 1988; 56 FR 41810, Aug. 23, 1991; 63 FR 
63212, Nov. 12, 1998]



Sec. 23.52  Bobcat (Lynx rufus).

    States for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) States and Harvest Seasons Approved for Export of Bobcat From 
the United States.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                       1983 and    1987 and    1988 and
                                                     1977-78    1978-79    1979-80    1980-81    1981-82    1982-83   subsequent  subsequent  subsequent
--------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama...........................................       +          +          +          +          +          +           +           +           +
Arizona...........................................       +          +          +          +          +          +           +           +           +

[[Page 546]]

 
Arkansas..........................................       +          +          +          +          +          +           +           +           +
California........................................       +          +          +          +          +          +           +           +           +
Colorado..........................................       +          +          +          +          +          +           +           +           +
Florida...........................................       +          +          E          +          +          +           +           +           +
Georgia...........................................       +          +          +          +          +          +           +           +           +
Idaho.............................................       +          +          +          +          +          +           +           +           +
Kansas............................................       +          +          +          +          +          +           +           +           +
Kentucky..........................................       -          -          -          -          -          -           -           +           +
Klamath Tribe.....................................       -          -          -          -          +          +           +           +           +
Louisiana.........................................       +          +          +          +          +          +           +           +           +
Maine.............................................       +          +          +          +          +          +           +           +           +
Massachusetts.....................................       +          +          E          +          +          +           +           +           +
Michigan..........................................       +          +          +          +          +          +           +           +           +
Minnesota.........................................       +          +          +          +          +          +           +           +           +
Mississippi.......................................       +          +          +          +          +          +           +           +           +
Missouri..........................................       -          -          -          +          +          +           +           +           +
Montana...........................................       +          +          +          +          +          +           +           +           +
Navajo Nation.....................................       +          +          +          +          +          +           +           +           +
Nebraska..........................................       +          +          +          +          +          +           +           +           +
Nevada............................................       +          +          +          +          +          +           +           +           +
New Hampshire.....................................       -          -          -          +          +          +           +           +           +
New Mexico........................................       +          +          E          +          +          +           +           +           +
New York..........................................       +          +          +          +          +          +           +           +           +
North Carolina....................................       +          +          +          +          +          +           +           +           +
North Dakota......................................       +          +          E          +          +          +           +           +           +
Oklahoma..........................................       -          -          +          +          +          +           +           +           +
Oregon............................................       +          +       E(1)          +          +          +           +           +           +
Penobscot Nation..................................       -          -          -          -          -          -           +           +           +
South Carolina....................................       +          +          +          +          +          +           +           +           +
South Dakota......................................       +          +          +          +          +          +           +           +           +
Tennessee.........................................       +          +          +          +          +          +           +           +           +
Texas.............................................       +          +       E(2)          +          +          +           +           +           +
Utah..............................................       -          -          +          +          +          +           +           +           +
Vermont...........................................       +          +          +          +          +          +           +           +           +
Virginia..........................................       +          +          +          +          +          +           +           +           +
Washington........................................       +          +          +          +          +          +           +           +           +
West Virginia.....................................       +          +          +          +          +          +           +           +           +
Wisconsin.........................................       +          E          +          +          +          +           +           +           +
White Mt Tribe....................................       -          -          -          -          -          -           -           +           +
Wind River Reservation............................       -          -          -          -          -          -           -           -           +
Wisconsin.........................................       +          +          E          +          +          +           +           +           +
Wyoming...........................................       +          +          +          +          +          +           +           +           +
--------------------------------------------------------------------------------------------------------------------------------------------------------
+ Export approval.
- Export not approved.
E 1979-80 bobcat export enjoined by U.S. District Court, District of Columbia.
E(1) As above but for eastern portion of State.
E(2) As above but for high plains ecological area.

    (b) Condition on export: Each pelt must be clearly identified as to 
species; State, Indian Tribe, or Indian Nation of origin; and season of 
taking by a permanently attached, serially numbered tag of a type 
approved by and attached under conditions established by the Service. 
Exception to tagging requirement: finished furs and fully manufactured 
fur products may only be exported from the United States when the State, 
Indian Tribe, or Indian Nation export tags, removed from the hides used 
to manufacture the product being exported, are surrendered to the 
Service at the time of export. Such tags must be removed by cutting the 
tag strap on the female side next to the locking socket of the tag so 
the locking socket and locking tip remain joined.

[45 FR 80446, Dec. 4, 1980, as amended at 54 FR 985, Jan. 11, 1989]



Sec. 23.53  River otter (Lontra canadensis)

    States for which we permit the export of the indicated season's take 
under Sec. 23.15 of this part:
    (a) States and Indian Nations, and Seasons Approved for Export of 
River Otter From the United States:

[[Page 547]]



------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                    1983-84 and     1995-96 and     1996-98 and     1998-99 and
                                   1977-78 \1\      1978-79 \2\     1979-80 \3\       1980-81         1981-82         1982-83         future          future          future          future
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Alabama........................  Q                +               +               +               +               +               +               +               +               +
Alaska.........................  +                +               +               +               +               +               +               +               +               +
Arkansas.......................  Q                +               +               +               +               +               +               +               +               +
Connecticut....................  Q                +               +               +               +               +               +               +               +               +
Delaware.......................  Q                +               +               +               +               +               +               +               +               +
Florida........................  Q                +               +               +               +               +               +               +               +               +
Georgia........................  Q                +               +               +               +               +               +               +               +               +
Louisiana......................  Q                +               +               +               +               +               +               +               +               +
Maine..........................  Q                +               +               +               +               +               +               +               +               +
Maryland.......................  Q                +               +               +               +               +               +               +               +               +
Massachusetts..................  Q                +               +               +               +               +               +               +               +               +
Michigan.......................  Q                +               +               +               +               +               +               +               +               +
Minnesota......................  Q                +               +               +               +               +               +               +               +               +
Mississippi....................  Q                +               +               +               +               +               +               +               +               +
Missouri.......................  -                -               -               -               -               -               -               -               + \5\           +
Montana........................  Q                +               +               +               +               +               +               +               +               +
New Hampshire..................  Q                +               +               +               +               +               +               +               +               +
New Jersey.....................  -                -               -               -               -               +               +               +               +               +
New York.......................  Q                +               +               +               +               +               +               +               +               +
North Carolina.................  Q                +               +               +               +               +               +               +               +               +
Oregon.........................  Q                +               +               +               +               +               +               +               +               +
Penobscot Nation...............  -                -               -               -               -               -               +               +               +               ..............
Rhode Island...................  Q                +               -               -               -               -               -               -               -               -
South Carolina.................  Q                +               +               +               +               +               +               +               +               +
Tennessee......................  -                -               -               -               -               -               -               + \4\           +               +
Vermont........................  Q                +               +               +               +               +               +               +               +               +
Virginia.......................  Q                +               +               +               +               +               +               +               +               +
Washington.....................  Q                +               +               +               +               +               +               +               +               +
Wisconsin......................  Q                +               +               +               +               +               +               +               +               +
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ For further information, see 42 FR 43729, Aug. 30, 1977; 43 FR 11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.
\2\ For further information, see 43 FR 11096, Mar. 16, 1978; 43 FR 13913, Apr. 3, 1978; 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 1978; 43 FR 35013, Aug. 7, 1978; 43 FR 36293, Aug. 16,
  1978; and 43 FR 39305, Sept. 1, 1978.
\3\ For further information, see 44 FR 25383, Apr. 30, 1979; 44 FR 31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 1979; and 44 FR 55540, Sept. 26, 1979.
\4\ Export for 1994-95 approved administratively (for Tennessee).
\5\ Export for 1996-97 and 1997-98 approved administratively (for Missouri).
Q Export approved with quota.
+ Export approved.
- Export not approved.


[[Page 548]]

    (b) Condition on export: Exporters must clearly identify each pelt 
as to species, State or Indian Nation of origin, and season of taking by 
permanently attaching a serially numbered tag of a type approved and 
provided by the Service and attached under conditions established by the 
Service. Exception to the tagging requirement: We will allow the export 
of fully manufactured fur or hide products from the United States only 
when the CITES export tags removed from the hides prior to manufacture 
are surrendered to us prior to export. Such tags must be removed by 
cutting the tag straps on the side next to the locking socket of the 
tag, so that the locking socket and locking tip remain joined.

[64 FR 774, Jan. 6, 1999]



Sec. 23.54  Lynx (Lynx canadensis).

    States for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) 1977-78 Harvest: Alaska (open), Idaho (Quota 25), Minnesota (Q 
25), Montana (Q 200), Washington (Q 35).

    For further information: See 42 FR 43729, Aug. 30, 1977; 43 FR 
11081, Mar. 16, 1978; and 43 FR 29469, July 7, 1978.

    (b) 1978-79 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Condition on findings: Pelts must be clearly identified as to state 
of origin and season of taking.
    For further information: See 43 FR 11096, Mar. 16, 1978; 43 FR 
13913, Apr. 3, 1978, 43 FR 15097, Apr. 10, 1978; 43 FR 29469, July 7, 
1978; 43 FR 35013, Aug. 7, 1978; 43 FR 36293, Aug. 16, 1978, and 43 FR 
39305, Sept. 1, 1978.

    (c) 1979-80 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Conditions on findings: Pelts must be clearly identified as to state 
of origin and state of taking, including tagging according to standards 
and conditions established by the Service.
    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 
31585, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 
1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska, Minnesota, Montana.

    Condition on finding: Pelts must be clearly identified as to state 
of origin and season of taking, including tagging according to 
conditions established by the Service.

    (e) 1981-82 Harvest: Alaska, Idaho, Minnesota, Montana, Washington.

    Condition on findings: Pelts must be clearly identified as to state 
of origin and season of taking, including tagging according to 
conditions established by the Service.

    (f) 1982-83 Harvest: Alaska, Idaho, Minnesota, Montana, and 
Washington.

    Condition on export: Each pelt must be clearly identified as to 
state of origin and season of taking by a permanently attached state tag 
of a type approved by the Service and attached under conditions 
established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska, Idaho, Minnesota, 
Montana, and Washington.

    Condition on export: Each pelt must be clearly identified as to 
species, State of origin and season of taking by a permanently attached, 
serially numbered tag of a type approved by the Service and attached 
under conditions established by the Service. Exception to tagging 
requirement: for the 1983-84 and previous seasons, finished furs and 
fully manufactured fur products may be exported from the U.S. when 
accompanied by the State tags removed in a manner described by the 
Service from pelts contained in the products, such tags must be removed 
by cutting the tag strap on the female side next to the locking socket 
of the tag so that the locking socket and locking tip remain joined, and 
such tags must be surrendered to the Service prior to export.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 
FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]



Sec. 23.55  Gray wolf (Canis lupus).

    State for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:

    (a) 1977-78 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (b) 1978-79 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (c) 1979-80 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.
    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 
31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 
1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska.


[[Page 549]]


    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (e) 1981-82 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the State 
of Alaska.

    (f) 1982-83 Harvest: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
state of origin and season of taking by a permanently attached state tag 
of a type approved by the Service and attached under conditions 
established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
species, State of origin and season of taking by a permanently attached, 
serially numbered State tag of a type approved and attached under 
conditions established by the Service. Exception to tagging requirement: 
for the 1983-84 and previous seasons, finished furs and fully 
manufactured fur products may be exported from the U.S. when accompanied 
by the State tags removed in a manner described by the Service from 
pelts contained in the products, such tags must be removed by cutting 
the tag strap on the female side next to the locking socket of the tag 
so that the locking socket and locking tip remain joined, and such tags 
must be surrendered to the Service prior to export.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 
FR 54970, Dec. 7, 1982; 49 FR 594, Jan. 5, 1984]



Sec. 23.56  Brown bear (Ursus arctos).

    State for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:

    (a) 1977-78 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (b) 1978-79 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (c) 1979-80 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.
    For further information: See 44 FR 25383, Apr. 30, 1979; 44 FR 
31583, May 31, 1979; 44 FR 40842, July 12, 1979; 44 FR 52289, Sept. 7, 
1979; and 44 FR 55540, Sept. 26, 1979.

    (d) 1980-81 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the state 
of Alaska.

    (e) 1981-82 Harvest: Alaska.

    Condition on findings: Pelts must be tagged as required by the State 
of Alaska.

    (f) 1982-83 Harvest: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
state of origin and season of taking by a permanently attached state tag 
of a type approved by the Service and attached under conditions 
established by the Service.

    (g) 1983-84 and Subsequent Harvests: Alaska.

    Condition on export: Each pelt must be clearly identified as to 
species, State of origin and season of taking by a permanently attached, 
serially numbered State tag of a type approved by the Service and 
attached under conditions established by the Service.

[45 FR 80446, Dec. 4, 1980, as amended at 46 FR 50777, Oct. 14, 1981; 47 
FR 54971, Dec. 7, 1982; 49 FR 595, Jan. 5, 1984]



Sec. 23.57  American alligator (Alligator mississippiensis).

    States for which the export of the indicated season's harvest may be 
permitted under Sec. 23.15 of this part:
    (a) 1979-1997 harvests (wild and farm-raised for each year unless 
noted).

----------------------------------------------------------------------------------------------------------------
                                     AL        AR        FL        GA        LA        MS        SC        TX
----------------------------------------------------------------------------------------------------------------
1979............................        -         -         +         -         +         -         -         -
1980............................        -         -         +         -         +         -         -         -
1981............................        -         -         +         -         +         -         -         -
1982............................        -         -         +         -         +         -         -         -
1983............................        -         -         +         -         +         -         -         -
1984............................        -         -         +         -         +         -         -         +
1985............................        -         -         +         -         +         -         -         +
1986............................        -         -         +         -         +         -         -         +
1987............................        -         -         +         -         +         -         -         +
1988............................        -         -         +         +         +         -         +         +
1989............................        +         -         +         +         +         +         +         +
1990............................        +         -         +         +         +         +         +         +
1991............................        +         -         +         +         +         +         +         +
1992............................        +         -         +         +         +         +         +         +
1993............................        +         -         +         +         +         +         +         +
1994............................        +         F         +         +         +         +         +         +

[[Page 550]]

 
1995............................        +         F         +         +         +         +         +         +
1996............................        +         F         +         +         +         +         +         +
1997............................        +         F         +         +         +         +         +         +
----------------------------------------------------------------------------------------------------------------
+ = export approved.
F = export approved for farm-raised only.
- = export not approved.

    (b) Condition on initial export from the United States. (1) Each 
hide (full skin) must be clearly identified by a durable, permanently 
locking Convention export tag bearing a legend showing the US-CITES 
logo, State of origin, species, year of take, and a unique serial 
number. The tag must be inserted through the hide and permanently locked 
in place using the locking mechanism of the tag and in accordance with 
State requirements. Hides with broken tags may not be exported. Prior to 
export and upon submission of documentation to show legality of the 
hide, broken tags may be replaced with CITES replacement tags. Hides 
with valid CITES replacement tags are eligible for export.
    (2) US-CITES export tags that were removed from the hides used to 
manufacture products to be exported must be surrendered to the Service 
prior to the export of those products.
    (3) Meat from legally harvested and tagged alligators shall be 
packed in State-uniform containers, permanently sealed and labeled as 
required by State law. Bulk meat containers shall be marked with a State 
``parts tag'' or ``bulk meat tag'' permanently attached indicating, at a 
minimum, State of origin, year of take, species, original hide export 
tag number, weight of meat in the container, and identification of State 
licensed processor or packer.
    (4) Small parts such as tails, throats, feet, or backstrips shall be 
packed in transparent, sealed containers clearly marked with a parts 
tag. Parts tags shall supply at a minimum the State of origin, species, 
original hide export tag number, and weight of the parts in the 
container.
    (5) American alligator skulls shall be marked as required by State 
law. This marking shall include, at a minimum, reference to a valid US-
CITES tag number.

[53 FR 30683, Aug. 15, 1988, as amended at 54 FR 33233, Aug. 14, 1989; 
57 FR 21899, May 26, 1992; 60 FR 43407, 43408, Aug. 21, 1995]



PART 24--IMPORTATION AND EXPORTATION OF PLANTS--Table of Contents




                         Subpart A--Introduction

Sec.
24.1  Purpose of regulations.
24.2  Scope of regulations.

       Subpart B--Importation and Exportation at Designated Ports

24.11  General restrictions.
24.12  Designated ports.

    Authority: Secs. 9(f)(1), 11(f), Pub. L. 93-205, 87 Stat 893, 897 
(16 U.S.C. 1538(f)(1), 1540(f)).

    Source: 49 FR 42941, Oct. 25, 1984, unless otherwise noted.



                         Subpart A--Introduction



Sec. 24.1  Purpose of regulations.

    The regulations contained in this part are for the purpose of 
establishing ports for the importation, exportation and reexportation of 
plants.



Sec. 24.2  Scope of regulations.

    The provisions in this part are in addition to, and do not 
supersede, other regulations in this chapter. Also, the U.S. Department 
of Agriculture administers the Plant Quarantine Act, as amended (7 
U.S.C. 151 et seq.), the Federal Plant Pest Act, as amended (7 U.S.C. 
150aa et seq.), and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 
et seq.), which contain authority for additional prohibitions and 
restrictions, including additional port of entry requirements, for the 
importation or exportation of plants (See 7 CFR chapter

[[Page 551]]

III for regulations containing prohibitions and restrictions under these 
authorities).



       Subpart B--Importation and Exportation at Designated Ports



Sec. 24.11  General restrictions.

    No person shall import, export, or reexport plants at any place 
other than at a port designated in 24.12 (hereinafter ``designated 
port'') in accordance with the provisions of this part, unless otherwise 
specifically authorized by the Service at a nondesignated port in 
accordance with section 9(f)(1) of the Endangered Species Act of 1973, 
as amended.



Sec. 24.12  Designated ports.

    (a) The following U.S. Department of Agriculture ports are 
designated ports for the importation, exportation, or reexportation of 
plants which are listed in 50 CFR 17.12 and/or 23.23 and which are 
required to be accompanied by documentation under 50 CFR part 17 and/or 
23:

Nogales, Arizona
Los Angeles, California
San Diego, California
San Francisco, California
Miami, Florida
Orlando, Florida
Honolulu, Hawaii
New Orleans, Louisiana
Hoboken, New Jersey (Port of New York)
Jamaica, New York
San Juan, Puerto Rico
Brownsville, Texas
El Paso, Texas
Houston, Texas
Seattle, Washington

    (b) The U.S. Department of Agriculture ports at Hilo, Hawaii, and 
Chicago, Illinois, are designated ports for the importation, 
exportation, or reexportation of plants of the family Orchidaceae 
(orchids) which are listed in 50 CFR 17.12 or 23.23 and which are 
required to be accompanied by documentation under 50 CFR part 17 or 23.
    (c) The U.S. Department of Agriculture ports at Atlanta, Georgia; 
Chicago, Illinois; Baltimore, Maryland; St. Louis, Missouri; and 
Milwaukee, Wisconsin; are designated ports for the importation, 
exportation or reexportation of roots of American ginseng (Panax 
quinquefolius) listed in 50 CFR 23.23 and which are required to be 
accompanied by documentation under 50 CFR part 17 or 23.
    (d) The U.S. Department of Agriculture ports at Detroit and Port 
Huron, Michigan; Buffalo, New York; Rouses Point, New York; and Blaine, 
Washington, are designated ports for the importation from Canada of 
plants which are listed in 50 CFR 17.12 or 23.23 and which are required 
to be accompanied by documentation under 50 CFR part 17 or 23, and for 
the exportation or reexportation to Canada of plants which are listed in 
50 CFR 17.12 or 23.23 and which are required to be accompanied by 
documentation under 50 CFR part 17 or 23.
    (e) The U.S. Department of Agriculture ports at Mobile, Alabama; 
Fort Lauderdale (=Port Everglades), Jacksonville, and Panama City, 
Florida; Savannah, Georgia; Baltimore, Maryland; Gulfport, Mississippi; 
Wilmington and Morehead City, North Carolina; Portland, Oregon; 
Philadelphia, Pennsylvania; Charleston, South Carolina; Laredo, Texas; 
Norfolk, Virginia; and Vancouver, Washington, are designated ports for 
the importation of logs and lumber from trees which are listed in the 
appendices to the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES) or in 50 CFR 17.12 or 23.23 and 
which are required to be accompanied by documentation under 50 CFR part 
17 or 23.
    (f) The U.S. Department of Agriculture port at Wilmington, North 
Carolina, is a designated port for the exportation of plants of the 
species Dionaea muscipula (Venus flytrap), which is listed in appendix 
II to CITES and which is required to be accompanied by documentation 
under 50 CFR part 23.
    (g) All U.S. Customs designated ports of entry on the United States-
Canadian border (Customs designated ports of entry are listed in 19 CFR 
part 101) and the following U.S. Department of Agriculture ports are 
designated ports for the importation, exportation, or reexportation of 
plants not required to be accompanied by documentation under 50 CFR part 
17 or 23:

Mobile, Alabama

[[Page 552]]

Anchorage, Alaska
Nogales, Arizona
Phoenix, Arizona
San Luis, Arizona
Tucson, Arizona
Calexico, Arizona
Los Angeles, California
San Diego, California
San Francisco, California
San Pedro, California
Denver, Colorado
Wallingford, Connecticut
Dover, Delaware (Dover AFB)
Wilmington, Delaware
Washington, District of Columbia
Jacksonville, Florida
Key West, Florida
Miami, Florida
Orlando, Florida
Pensacola, Florida
Cape Canaveral, Florida
Port Everglades, Florida
Tampa, Florida
West Palm Beach, Florida
Atlanta, Georgia
Savannah, Georgia
Agana, Guam
Hilo, Hawaii
Honolulu, Hawaii
Wailuku, Maui, Hawaii
Chicago, Illinois
Baton Rouge, Louisiana
New Orleans, Louisiana
Bangor, Maine
Portland, Maine
Baltimore, Maryland
Boston, Massachusetts
Detroit, Michigan
Duluth, Minnesota
St. Paul, Minnesota
Kansas City, Missouri
St. Louis, Missouri
Hoboken, New Jersey
McGuire AFB, New Jersey
Albany, New York
Buffalo, New York
New York, New York
Jamaica, New York
Rouses Point, New York
Morehead City, North Carolina
Wilmington, North Carolina
Cleveland, Ohio
Astoria, Oregon
Coos Bay, Oregon
Portland, Oregon
Philadelphia, Pennsylvania
Hato Rey, Puerto Rico
Mayaguez, Puerto Rico
Ponce, Puerto Rico
Roosevelt Roads, Puerto Rico
San Juan, Puerto Rico
Warwick, Rhode Island
Charleston, South Carolina
Memphis, Tennessee
Brownsville, Texas
Corpus Christi, Texas
Dallas-Ft. Worth, Texas
Del Rio, Texas
Eagle Pass, Texas
El Paso, Texas
Galveston, Texas
Hidalgo, Texas
Houston, Texas
Laredo, Texas
Port Arthur, Texas
Presidio, Texas
Progreso, Texas
Roma, Texas
San Antonio, Texas
St. Croix, Virgin Islands of the United States
St. Thomas, Virgin Islands of the United States
Newport News, Virginia
Norfolk, Virginia
Blaine, Washington
Tacoma, Washington (McChord AFB)
Seattle, Washington
Milwaukee, Wisconsin

[49 FR 42941, Oct. 25, 1984, as amended at 55 FR 11920, Mar. 30, 1990; 
58 FR 68543, Dec. 28, 1993; 58 FR 14121, Mar. 25, 1994; 59 FR 42775, 
Aug. 19, 1994; 62 FR 30775, June 5, 1997]

[[Page 553]]



            SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM





PART 25--ADMINISTRATIVE PROVISIONS--Table of Contents




                         Subpart A--Introduction

Sec.
25.11  Purpose of regulations.
25.12  What do these terms mean?
25.13  Other applicable laws.

                  Subpart B--Administrative Provisions

25.21  Closing national wildlife refuges.
25.22  Lost and found articles.
25.23  General regulations and information collection requirements.

                        Subpart C--Public Notice

25.31  General provisions.

                           Subpart D--Permits

25.41  General provisions.
25.42  Permits required to be exhibited on request.
25.43  Revocation of permits.
25.44  Easement area permits.
25.45  Appeals procedure.

                       Subpart E--Fees and Charges

25.51  General provisions.
25.52  Designation.
25.53  Establishment of single visit entrance fees.
25.54  Posting and public notification.
25.55  Refuge admission permits.
25.56  Enforcement.
25.57  Exceptions and exemptions.

                         Subpart F--Concessions

25.61  General provisions.

                      Subpart G--Safety Regulations

25.71  Public safety.
25.72  Reporting of accidents.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i, 3901 
et seq.; and Pub. L. 102-402, 106 Stat. 1961.

    Source: 41 FR 9166, Mar. 3, 1976, unless otherwise noted.



                         Subpart A--Introduction



Sec. 25.11  Purpose of regulations.

    (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.

[41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 62 FR 
47375, Sept. 9, 1997]



Sec. 25.12  What do these terms mean?

    (a) As used in the rules and regulations in this subchapter:
    Authorized official means any Federal, State or local official 
empowered to enforce provisions of this subchapter C.
    Big game means large game animals, including moose, elk, caribou, 
reindeer, musk ox, deer, bighorn sheep, mountain goat, pronghorn, bear, 
and peccary, or such species as the separate

[[Page 554]]

States may so classify within their boundaries.
    Coordination area means a wildlife management area that has been 
withdrawn from the public domain or acquired by the Federal Government 
and subsequently made available to a State by cooperative agreement 
between the U.S. Fish and Wildlife Service and the State fish and 
wildlife agency pursuant to the Act of March 10, 1934 (16 U.S.C. 661-
666c: 48 Stat. 401), as amended; or by long-term leases or agreements 
pursuant to the Bankhead-Jones Farm Tenant Act (50 Stat. 525), as 
amended. Coordination areas are managed by the States but are a part of 
the National Wildlife Refuge System.
    Easement means a less than fee interest in land or water acquired 
and administered by the U.S. Fish and Wildlife Service for the purpose 
of maintaining fish and wildlife habitat.
    Migratory bird means and refers to those species of birds listed 
under Sec. 10.13 of this chapter.
    National wildlife refuge means any area of the National Wildlife 
Refuge System, except coordination areas.
    National Wildlife Refuge System means all lands, waters, and 
interests therein administered by the U. S. Fish and Wildlife Service as 
wildlife refuges, wildlife ranges, wildlife management areas, waterfowl 
production areas, and other areas for the protection and conservation of 
fish and wildlife including those that are threatened with extinction.
    Nontoxic shot means steel shot or other shot approved pursuant to 50 
CFR 20.134.
    Service or we means U.S. Fish and Wildlife Service, Department of 
the Interior.
    Waterfowl production area means any wetland or pothole area acquired 
pursuant to section 4(c) of the amended Migratory Bird Hunting Stamp Act 
(72 Stat. 487; 16 U.S.C. 718d(c)), owned or controlled by the United 
States and administered by the U.S. Fish and Wildlife Service as a part 
of the National Wildlife Refuge System.
    Wildlife management area means a general term used in describing a 
variety of areas that are managed for wildlife purposes which may be 
included in the National Wildlife Refuge System.
    (b) Unless otherwise stated the definitions found in 50 CFR 10.12 
also apply to all of subchapter C of this title 50.

[41 FR 9166, Mar. 3, 1976, as amended at 51 FR 7574, Mar. 5, 1986; 60 FR 
62040, Dec. 4, 1995; 64 FR 14150, Mar. 24, 1999]



Sec. 25.13  Other applicable laws.

    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.



                  Subpart B--Administrative Provisions



Sec. 25.21  Closing national wildlife refuges.

    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 
Sec. 25.31, without advance notice, in the event of an emergency 
endangering life or property or to protect the resources of the area.



Sec. 25.22  Lost and found articles.

    Lost articles or money found on a national wildlife refuge are to be 
immediately turned in to the nearest refuge office.



Sec. 25.23  General regulations and information collection requirements.

    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 et seq. and assigned clearance number 1018-
0014. The information is being collected to assist the Service in 
administering these programs in accordance with statutory authorities 
which require that recreational uses be compatible with the primary 
purposes for which the areas were established. The information requested 
in the application form is required to obtain a benefit. The public 
reporting burden for the application form is estimated to average six 
minutes per response, including time for reviewing instructions, 
gathering and maintaining data, and completing and reviewing the form. 
Direct comments on the burden estimate or any other

[[Page 555]]

aspect of this form to the Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 224 ARLSQ, Washington, DC 20240; and 
the Office of Management and Budget, Paperwork Reduction Project (1018-
0014), Washington, DC 20530.

[56 FR 66795, Dec. 26, 1991]



                        Subpart C--Public Notice



Sec. 25.31  General provisions.

    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 Sec. 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.



                           Subpart D--Permits



Sec. 25.41  General provisions.

    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.



Sec. 25.42  Permits required to be exhibited on request.

    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.



Sec. 25.43  Revocation of permits.

    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.



Sec. 25.44  Easement area permits.

    (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:

[[Page 556]]

    (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.

[51 FR 7575, Mar. 5, 1986]



Sec. 25.45  Appeals procedure.

    (a) Who may appeal. Any person who is adversely affected by a refuge 
manager's decision or order relating to the person's permit granted by 
the Service, or application for permit, within the National Wildlife 
Refuge System. This section does not apply to permits or applications 
for rights-of-way. See Sec. 29.22 for the hearing and appeals procedure 
on rights-of-way.
    (b) Preliminary procedure. Prior to making any adverse decision or 
order on a permit or application for permit, the refuge manager shall 
notify the permittee or applicant orally or in writing of the proposed 
action and its effective date. The permittee or applicant shall have 
twenty (20) days after notification in which to present to the refuge 
manager, orally or in writing, a statement in opposition to the proposed 
action or date. The permittee or applicant shall be notified in writing 
within twenty (20) days after receipt of the statement in opposition, of 
the refuge manager's final decision or order.
    (c) Appeals, how taken. If the refuge manager still intends to 
proceed with the proposed action, the permittee or applicant shall have 
thirty (30) days from the postmarked date of the refuge manager's final 
decision or order in which to file a written appeal to the appropriate 
area manager. The appellant (permittee or applicant) shall be notified 
in writing within thirty (30) days from the postmarked date of the 
appeal of the area manager's decision. The appellant shall have (30) 
days from the postmarked date of the area manager's decision to further 
appeal in writing to the appropriate regional director.
    (d) Decision of regional director. The regional director's decision 
shall be final and issued in writing to the appellant within thirty (30) 
days from the postmarked date of the appeal.
    (e) Oral presentation. The appellant shall be provided an 
opportunity for oral presentation before the area manager or the 
regional director within the respective thirty (30) day appeal periods.
    (f) Addresses. The addresses of the appropriate officials to whom 
appeals may be taken shall be furnished in each decision or order.
    (g) Suspension pending appeal. Compliance with any decision or order 
of a refuge manager shall not be suspended by reason of an appeal having 
been taken unless such suspension is authorized in writing by the area 
manager or regional director (depending upon the official before whom 
the appeal is pending), and then only upon a determination by these 
officials that such suspension will not be detrimental to the interests 
of the United States or upon submission and acceptance of a bond deemed 
adequate to indemnify the United States from loss or damage.

[42 FR 64120, Dec. 22, 1977. Redesignated at 51 FR 7575, Mar. 5, 1986]



                       Subpart E--Fees and Charges

    Source: 52 FR 29860, Aug. 12, 1987, unless otherwise noted.



Sec. 25.51  General provisions.

    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

[[Page 557]]

regarding entrance fees are contained in this subpart E.



Sec. 25.52  Designation.

    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.



Sec. 25.53  Establishment of single visit entrance fees.

    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.



Sec. 25.54  Posting and public notification.

    The public shall be notified that an entrance fee is charged through 
refuge publications and posted designation signs in accordance with 
Sec. 25.31 of this part.



Sec. 25.55  Refuge admission permits.

    (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.



Sec. 25.56  Enforcement.

    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.



Sec. 25.57  Exceptions and exemptions.

    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

[[Page 558]]

parents accompanying the holder of a valid single visit permit, Federal 
Duck Stamp or Golden Eagle, Age, or Access Passport shall be entitled to 
general entrance.



                         Subpart F--Concessions



Sec. 25.61  General provisions.

    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.



                      Subpart G--Safety Regulations



Sec. 25.71  Public safety.

    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.



Sec. 25.72  Reporting of accidents.

    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.



PART 26--PUBLIC ENTRY AND USE--Table of Contents




                         Subpart A--Introduction

Sec.
26.11  Purpose of regulations.

                         Subpart B--Public Entry

26.21  General trespass provision.
26.22  General exception for entry.
26.23  Exception for entry to the headquarters office.
26.24  Exception for entry when accompanied by refuge personnel.
26.25  Exception for entry to persons with an economic use privilege.
26.26  Exception for entry for use of emergency shelter.
26.27  Exception for entry on designated routes of travel.

                  Subpart C--Public Use and Recreation

26.31  General provisions.
26.32  Recreational uses.
26.33  Special regulations.
26.34  Special regulations concerning public access, use and recreation 
          for individual national wildlife refuges.
26.35  Cabin sites.
26.36  Public assemblies and meetings.

    Authority: 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).

    Source: 41 FR 9167, Mar. 3, 1976, unless otherwise noted.



                         Subpart A--Introduction



Sec. 26.11  Purpose of regulations.

    The regulations in this part govern the circumstances under which 
the public can enter and use a national wildlife refuge.



                         Subpart B--Public Entry



Sec. 26.21  General trespass provision.

    (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 Sec. 26.34, 
Sec. 27.91 or Sec. 29.2 of this subchapter C.



Sec. 26.22  General exception for entry.

    (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 Sec. 25.31.

[[Page 559]]

    (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.



Sec. 26.23  Exception for entry to the headquarters office.

    The headquarters office of any national wildlife refuge is open to 
public access and admission during regularly established business hours.



Sec. 26.24  Exception for entry when accompanied by refuge personnel.

    A permit is not required for access to any part of a national 
wildlife refuge by a person when accompanied by refuge personnel.



Sec. 26.25  Exception for entry to persons with an economic use privilege.

    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.



Sec. 26.26  Exception for entry for use of emergency shelter.

    A permit is not required for access to any national wildlife area 
for temporary shelter or temporary protection in the event of emergency 
conditions.



Sec. 26.27  Exception for entry on designated routes of travel.

    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.



                  Subpart C--Public Use and Recreation



Sec. 26.31  General provisions.

    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.



Sec. 26.32  Recreational uses.

    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.



Sec. 26.33  Special regulations.

    (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 Federal Register and may be codified 
in the Code of Federal Regulations. They shall be issued in compliance 
with procedures contained in the Departmental Manual.



Sec. 26.34  Special regulations concerning public access, use and recreation for individual national wildlife refuges.

                                Virginia

                    Back Bay National Wildlife Refuge

                                 Access

    (a) Access qualifications and specifications. (1) As provided for in 
Pub. L. 96-315, permanent, full-time residents who can furnish to the 
refuge manager,

[[Page 560]]

Back Bay NWR, adequate proof of continuous and continuing residency, 
commencing prior to December 31, 1979, on the Outer Banks from the 
refuge boundary south to and including the village of Corolla, North 
Carolina, as long as they remain permanent, full-time residents. The 
south boundary of the area for access consideration is defined as a 
straight east-west line extending from Currituck Sound to the Atlantic 
Ocean and passing through a point 1,600 feet due south of the Currituck 
lighthouse. ``Residence'' means a place of general abode; ``Place of 
general abode'' means a person's principal, actual dwelling place in 
fact, without regard to intent. A ``dwelling'' means a residential 
structure occupied on a year-round basis by the permit applicant and 
shall not include seasonal or part-time dwelling units such as beach 
houses, vacation cabins, or structures which are intermittently 
occupied.
    (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) Routes of travel. Access to, and travel along, the refuge beach 
by motorized vehicles may be allowed between the dune crossing at the 
key card operated gate near the refuge headquarters, and the south 
boundary of the refuge only after a permit has been issued or 
authorization provided by the refuge manager. Travel along the refuge 
beach by motorized vehicle shall be below the high tide line, within the 
intertidal zone, to the maximum extent practicable. This may require 
permittees to adjust their travel times to avoid high tides which would 
require the use of the emergency storm access/evacuation route over the 
east dike.
    (c) Number of trips allowed. Permittees and members of their 
immediate families residing with them are limited to a total of two 
round trips per day per household.
    (d) Hours of travel. Travel along the designated route is permitted 
24 hours per day from October 1 through April 30. Travel is restricted 
to the hours of 5:00 a.m. to 12:00 midnight from May 1 through September 
30.
    (e) Medical emergencies. Private vehicles used in a medical 
emergency will be granted access. A ``medical emergency'' means any 
condition that threatens human life or limb unless medical treatment is 
immediately obtained.

[[Page 561]]


The vehicle operator is required to provide the refuge manager with a 
doctor's statement confirming the emergency within 36 hours after the 
access has occurred.
    (f) Military, fire or emergency vehicles. Military, fire, emergency 
or law enforcement vehicles used for emergency purposes may be granted 
access. Vehicles used by an employee/agent of the Federal, State or 
local government, in the course of official duty other than for 
emergency purposes, may be granted access upon advance request to the 
refuge manager. Continuous or recurring use of the refuge beach for 
other than emergency purposes shall require the issuance of a permit 
from the refuge manager.
    (g) Public utility vehicles. Public utility vehicles used on 
official business will be granted access. A permit specifying the times 
and types of access will be issued by the refuge manager. A ``public 
utility vehicle'' means any vehicle owned or operated by a public 
utility company enfranchised to supply Outer Banks residents with 
electricity or telephone service.
    (h) Essential commercial service vehicles. (1) Essential commercial 
service vehicles on business calls during the hours of 8 a.m.-5 p.m. 
Monday through Friday will be granted access, only upon prior approval 
of the refuge manager when responding to a request from a permittee. 
Such requests may be verbal or in writing. Access by essential 
commercial service vehicles will be granted only after all other 
reasonable alternatives to access through the refuge have been exhausted 
as determined by the refuge manager.
    (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) False Cape State Park employees. False Cape State Park and 
Virginia Game Commission employees who are residents in the park will be 
considered as permanent, full-time residents as defined in Sec. 26.34(a) 
with access privileges identical to those of other permittees with beach 
access privileges.
    (j) Commercial fishermen, businesses and their employees. (1) 
Commercial fishermen who have verified that their fishing operations on 
the Outer Banks of Virginia Beach, Virginia, or Currituck County, North 
Carolina, have been dependent since 1972 on ingress and egress to or 
across the refuge are granted permits for access. Travel through the 
refuge by commercial fishermen from Currituck County, North Carolina, 
will be permitted only when directly associated with commercial fishing 
operations. Drivers and passengers on trips through the refuge are 
limited to commercial fishing crew members. A commercial fisherman means 
one who harvests finfish by gill net or haul seine in the Atlantic 
Ocean, and who has owned and operated a commercial fishing businesses 
continuously since 1972. Commercial permits are not transferable by sale 
or devise. The level of commercial permittee travel across the refuge 
shall not increase above the average yearly levels maintained in the 
1985-1987 period.
    (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

[[Page 562]]

for access permits shall have the burden of proving, by the presentation 
of appropriate documentation to the refuge manager, that they are an 
``employee'' for purposes of this section of the regulations. 
Appropriate documentation is defined as the submission of standardized 
and verifiable employment forms including: Signed W-2 and W-4 forms, IRS 
form 1099, official earnings statements for specified periods, employee 
income tax withholding submissions to State and Federal tax offices 
(e.g., IRS form W-3 with W-2s attached), State unemployment tax 
information or other proof of actual employment. Documentation for each 
employee must be submitted in advance of access being granted, or, for 
new employees, within 30 days of their starting date. Failure to provide 
verification of employment for new employees within 30 days will result 
in termination of access privileges.
    (k) Suspension or waiver of rules. (1) In an emergency, the refuge 
manager may suspend any or all of the foregoing restrictions on 
vehicular travel and announce each suspension by whatever means are 
available. In the event of adverse weather conditions, the refuge 
manager may close all or any portion of the refuge to vehicular traffic 
for such periods as deemed advisable in the interest of public safety.
    (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) Violation of rules. Violators of these special regulations 
pertaining to Back Bay NWR are subject to legal action as prescribed by 
50 CFR 25.43 and part 28, including suspension or revocation of all 
permits issued to the violator or responsible permittee. The refuge 
manager may deny access permits to applicants who, during the 2 years 
immediately preceding the date of application, have formally been 
charged and successfully prosecuted for three or more violations of 
these or other regulations in effect at Back Bay NWR. Individuals whose 
vehicle access privileges are suspended, revoked, or denied may, within 
30 days, file a written appeal of the action to the Assistant Regional 
Director-Refuges and Wildlife, One Gateway Center, Suite 700, Newton 
Corner, Massachusetts 02158, in accordance with 50 CFR 25.45(c).
    (m) Other access rules. (1) No permit will remain in effect beyond 
December 31 of the year in which it was issued. Permits may be renewed 
upon the submission of appropriate updated information relating to the 
permit, and a signed statement that the conditions under which the 
previous permit was issued have not changed. In the event of any changes 
of conditions under

[[Page 563]]

which the permit is granted, the permittee shall notify the refuge 
manager in writing within 30 days. Failure to report changes may result 
in suspension/revocation of the permit.
    (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.

                              General Rules

    (n) Entry on foot, bicycle or motor vehicle. Entry on foot, bicycle, 
or by motor vehicle on designated routes is permitted one-half hour 
before sunrise to one-half hour after sunset for the purposes of nature 
observation and study, photography, hiking, surf fishing, and bicycling.
    (o) Beach-oriented uses. Designated areas of the refuge beach are 
open to wildlife/wildlands-oriented recreation only as outlined in 
paragraph (n) of this section. Entry to the beach is via designated 
access points only.
    (p) Parking. Limited parking at the refuge office/visitor contact 
station is permitted only in designated spaces. Parking is available on 
a first-come, first-serve basis for persons engaged in wildlife/
wildlands-oriented recreation only as outlined in paragraph (n) of this 
section.
    (q) Fires. All fires are prohibited.
    (r) Pets. Dogs and other pets, on a hand-held leash not exceeding 10 
feet in length, are permitted from October 1 through March 31.
    (s) Other general rules. (1) Pedestrians and vehicular traffic in 
the sand dunes are prohibited.
    (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, et seq., and has been assigned the number 1018-0014. The 
information being collected is used to determine eligibility for issuing 
a vehicular access permit and a response is required to obtain a 
benefit.

[52 FR 35715, Sept. 23, 1987]

    Editorial Note: For Federal Register citations to regulations 
affecting temporary and special regulations on national wildlife 
refuges, see the List of CFR Sections Affected in the Finding Aids 
section of this volume.



Sec. 26.35  Cabin sites.

    (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.

[[Page 564]]



Sec. 26.36  Public assemblies and meetings.

    (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.



PART 27--PROHIBITED ACTS--Table of Contents




                         Subpart A--Introduction

Sec.
27.11  Purpose of regulations.

                      Subpart B--Taking Violations

27.21  General provisions.

             Subpart C--Disturbing Violations: With Vehicles

27.31  General provisions regarding vehicles.
27.32  Boats.
27.33  Water skiing.
27.34  Aircraft.

             Subpart D--Disturbing Violations: With Weapons

27.41  General provisions.
27.42  Firearms.
27.43  Weapons other than firearms.

      Subpart E--Disturbing Violations: Against Plants and Animals

27.51  Disturbing, injuring, and damaging plants and animals.
27.52  Introduction of plants and animals.

     Subpart F--Disturbing Violations: Against Nonwildlife Property

27.61  Destruction or removal of property.
27.62  Search for and removal of objects of antiquity.
27.63  Search for and removal of other valued objects.
27.64  Prospecting and mining.
27.65  Tampering with vehicles and equipment.

       Subpart G--Disturbing Violations: Light and Sound Equipment

27.71  Motion or sound pictures.
27.72  Audio equipment.
27.73  Artificial lights.

           Subpart H--Disturbing Violations: Personal Conduct

27.81  Alcoholic beverages.
27.82  Possession and delivery of controlled substances.
27.83  Indecency and disorderly conduct.
27.84  Interference with persons engaged in authorized activities.
27.85  Gambling.
27.86  Begging.

                 Subpart I--Other Disturbing Violations

27.91  Field trials.
27.92  Private structures.
27.93  Abandonment of property.
27.94  Disposal of waste.
27.95  Fires.
27.96  Advertising.
27.97  Private operations.

    Authority: 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).

    Source: 41 FR 9168, Mar. 3, 1976, unless otherwise noted.

[[Page 565]]



                         Subpart A--Introduction



Sec. 27.11  Purpose of regulations.

    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.

[42 FR 56954, Oct. 31, 1977]



                      Subpart B--Taking Violations



Sec. 27.21  General provisions.

    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.



             Subpart C--Disturbing Violations: With Vehicles



Sec. 27.31  General provisions regarding vehicles.

    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

[[Page 566]]

conditions beyond the immediate control of the operator, or as otherwise 
directed by an authorized official.
    (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 Sec. 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.



Sec. 27.32  Boats.

    (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.



Sec. 27.33  Water skiing.

    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

[[Page 567]]

the boat, acting as an observer of the skier in tow.
    (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.



Sec. 27.34  Aircraft.

    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.



             Subpart D--Disturbing Violations: With Weapons



Sec. 27.41  General provisions.

    Carrying, possessing, or discharging firearms, fireworks, or 
explosives on national wildlife refuges is prohibited unless 
specifically authorized under the provisions of this subchapter C.



Sec. 27.42  Firearms.

    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.

[46 FR 47230, Sept. 25, 1981]



Sec. 27.43  Weapons other than firearms.

    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.

[46 FR 47230, Sept. 25, 1981]



      Subpart E--Disturbing Violations: Against Plants and Animals



Sec. 27.51  Disturbing, injuring, and damaging plants and animals.

    (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]



Sec. 27.52  Introduction of plants and animals.

    Plants and animals or their parts taken elsewhere shall not be 
introduced, liberated, or placed on any national wildlife refuge except 
as authorized.



     Subpart F--Disturbing Violations: Against Nonwildlife Property



Sec. 27.61  Destruction or removal of property.

    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.



Sec. 27.62  Search for and removal of objects of antiquity.

    No person shall search for or remove from national wildlife refuges 
objects of antiquity except as may be authorized by 43 CFR part 3.



Sec. 27.63  Search for and removal of other valued objects.

    (a) No person shall search for buried treasure, treasure trove, 
valuable semi-precious rocks, stones, or mineral specimens on national 
wildlife refuges

[[Page 568]]

unless authorized by permit or by provision of this subchapter C.
    (b) Permits are required for archeological studies on national 
wildlife refuges in accordance with the provisions of this subchapter C.



Sec. 27.64  Prospecting and mining.

    Prospecting, locating, or filing mining claims on national wildlife 
refuges is prohibited unless otherwise provided by law. See Sec. 29.31 
for provisions concerning mineral leasing.

[41 FR 9168, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979]



Sec. 27.65  Tampering with vehicles and equipment.

    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.



       Subpart G--Disturbing Violations: Light and Sound Equipment



Sec. 27.71  Motion or sound pictures.

    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.



Sec. 27.72  Audio equipment.

    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.



Sec. 27.73  Artificial lights.

    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.



           Subpart H--Disturbing Violations: Personal Conduct



Sec. 27.81  Alcoholic beverages.

    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.



Sec. 27.82  Possession and delivery of controlled substances.

    (a) Definitions for the purpose of this section:
    (1) The term controlled substance means a drug or other substance, 
or immediate precursor, included in schedules I, II, III, IV, or V of 
part B of the Controlled Substance Act (21 U.S.C. 812) or any drug or 
substance added to these schedules pursuant to the terms of the 
Controlled Substance Act.
    (2) The term practitioner means a physician, dentist, veterinarian, 
scientific investigator, pharmacist, or other person licensed, 
registered, or otherwise permitted by the United States or the 
jurisdiction in which he practices to distribute or possess a controlled 
substance in the course of professional practice.
    (3) The term delivery means the actual, attempted or constructive 
transfer and/or distribution of a controlled substance, whether or not 
there exists an agency relationship.
    (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.

[[Page 569]]



Sec. 27.83  Indecency and disorderly conduct.

    Any act of indecency or disorderly conduct as defined by State or 
local laws is prohibited on any national wildlife refuge.



Sec. 27.84  Interference with persons engaged in authorized activities.

    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.



Sec. 27.85  Gambling.

    Gambling in any form, or the operation of gambling devices, for 
money or otherwise, on any national wildlife refuge is prohibited.



Sec. 27.86  Begging.

    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.



                 Subpart I--Other Disturbing Violations



Sec. 27.91  Field trials.

    The conducting or operation of field trials for dogs on national 
wildlife refuges is prohibited except as may be authorized by special 
permit.



Sec. 27.92  Private structures.

    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.



Sec. 27.93  Abandonment of property.

    Abandoning, discarding, or otherwise leaving any personal property 
in any national wildlife refuge is prohibited.



Sec. 27.94  Disposal of waste.

    (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.



Sec. 27.95  Fires.

    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 Sec. 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.



Sec. 27.96  Advertising.

    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.



Sec. 27.97  Private operations.

    Soliciting business or conducting a commercial enterprise on any 
national wildlife refuge is prohibited except as may be authorized by 
special permit.

[[Page 570]]



PART 28--ENFORCEMENT, PENALTY, AND PROCEDURAL REQUIREMENTS FOR VIOLATIONS OF PARTS 25, 26, AND 27--Table of Contents




                         Subpart A--Introduction

Sec.
28.11  Purpose of regulations.

                    Subpart B--Enforcement Authority

28.21  General provisions.

                      Subpart C--Penalty Provisions

28.31  General penalty provisions.
28.32  Penalty provisions concerning fires and timber.

                    Subpart D--Impoundment Procedures

28.41  Impoundment of abandoned property.
28.42  Impounding of domestic animals.
28.43  Destruction of dogs and cats.

    Authority: 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).

    Source: 41 FR 9171, Mar. 3, 1976, unless otherwise noted.



                         Subpart A--Introduction



Sec. 28.11  Purpose of regulations.

    The regulations in this part govern the enforcement, penalty and 
procedural requirements for violations of parts 25, 26, and 27.



                    Subpart B--Enforcement Authority



Sec. 28.21  General provisions.

    Refuge managers and other authorized personnel are authorized 
pursuant to authority delegated from the Secretary and which has been 
published in the Federal Register (Administrative Manual 4 AM 4.2) to 
protect fish and wildlife and their habitat and prevent their 
disturbance, to protect Service lands, property, facilities, or 
interests therein and to insure the safety of the using public to the 
fullest degree possible. The control of recreational use will be 
enforced to meet these purposes pursuant to Federal, State, and local 
laws and regulations: The provisions of this subchapter C and any 
special regulations issued pursuant thereto; and the prohibitions and 
restrictions as posted.

[41 FR 9171, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979; 51 
FR 7575, Mar. 5, 1986]



                      Subpart C--Penalty Provisions



Sec. 28.31  General penalty provisions.

    (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]



Sec. 28.32  Penalty provisions concerning fires and timber.

    (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.

[[Page 571]]



                    Subpart D--Impoundment Procedures



Sec. 28.41  Impoundment of abandoned property.

    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.



Sec. 28.42  Impounding of domestic animals.

    (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.



Sec. 28.43  Destruction of dogs and cats.

    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.

[[Page 572]]



PART 29--LAND USE MANAGEMENT--Table of Contents




                        Subpart A--General Rules

Sec.
29.1  Use of natural resources.
29.2  Cooperative land management.
29.3  Nonprogram uses.
29.4  [Reserved]
29.5  Fees.

              Subpart B--Rights-of-Way General Regulations

29.21  Definitions.
29.21-1  Purpose and scope.
29.21-2  Application procedures.
29.21-3  Nature of interest granted.
29.21-4  Terms and conditions.
29.21-5  Construction.
29.21-6  Disposal, transfer or termination of interest.
29.21-7  Payment required.
29.21-8  Electric power transmission line rights-of-way.
29.21-9  Rights-of-way for pipelines for the transportation of oil, 
          natural gas, synthetic liquid or gaseous fuels, or any refined 
          product produced therefrom.
29.22  Hearing and appeals procedures.

                      Subpart C--Mineral Operations

29.31  Mineral ownerships in the United States.
29.32  Mineral rights reserved and excepted.

    Authority: 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.

    Source: 31 FR 16026, Dec. 15, 1966, unless otherwise noted.



                        Subpart A--General Rules



Sec. 29.1  Use of natural resources.

    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.



Sec. 29.2  Cooperative land management.

    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.



Sec. 29.3  Nonprogram uses.

    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.

[36 FR 17998, Sept. 8, 1971]



Sec. 29.4  [Reserved]



Sec. 29.5  Fees.

    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.

[[Page 573]]



              Subpart B--Rights-of-Way General Regulations



Sec. 29.21  Definitions.

    (a) Secretary means Secretary of the Interior or his authorized 
representatives acting under delegated authority.
    (b) Service means U.S. Fish and Wildlife Service.
    (c) Regional director means the regional director for one of the 
Service's seven regions.
    (d) Project Manager means the officer in charge of the land under 
administration by the U.S. Fish and Wildlife Service.
    (e) National Wildlife Refuge System land means lands and waters, or 
interests therein, administered by the Secretary as wildlife refuges, 
areas for the protection and conservation of fish and wildlife that are 
threatened with extinction, wildlife ranges, game ranges, wildlife 
management areas, or waterfowl production areas.
    (f) Other lands means all other lands, or interests therein, and 
waters administered by the Secretary through the U.S. Fish and Wildlife 
Service which are not included in National Wildlife Refuge System lands, 
e.g., administrative sites, research stations, fish hatcheries, and 
fishery research stations.
    (g) Compatible means that the requested right-of-way or use will not 
interfere with or detract from the purposes for which units of the 
National Wildlife Refuge System are established. The term 
``inconsistant'' in section 28(b)(1) of the Mineral Leasing Act of 1920, 
as amended by Pub. L. 93-153, shall be deemed to mean a use that is not 
compatible, as compatible is defined herein.
    (h) Department means U.S. Department of the Interior unless 
otherwise specified.

[34 FR 19907, Dec. 19, 1969, as amended at 39 FR 5490, Feb. 13, 1974; 42 
FR 43917, Aug. 31, 1977; 44 FR 42976, July 23, 1979; 48 FR 31655, July 
11, 1983; 51 FR 7575, Mar. 5, 1986]



Sec. 29.21-1  Purpose and scope.

    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) National Wildlife Refuge System lands. Applications for all 
forms of rights-of-way on or over such lands shall be submitted under 
authority of Pub. L. 89-669, (80 Stat. 926; 16 U.S.C. 668dd) as amended, 
or for oil and gas pipelines under section 28 of the Mineral Leasing Act 
of 1920 (41 Stat. 449; 30 U.S.C. 185) as amended by Pub. L. 93-153, 
following application procedures set out in Sec. 29.21-2. No right-of-
way will be approved unless it is determined by the Regional Director to 
be compatible. See Sec. 29.21-8 for additional requirements applicable 
to rights-of-way for electric power transmission lines and Sec. 29.21-9 
for additional requirements applicable to rights-of-way for pipelines 
for the transportation of oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom.
    (b) National Wildlife Refuge System lands--easement interest. 
Applications for all forms of rights-of-way across lands in which the 
United States owns only an easement interest may be submitted to the 
Regional Director in letter form. No map exhibit is required, however, 
the affected land should be described in the letter or shown on a map 
sketch. If the requested right-of-way will not adversely affect the 
United States' interest, the Regional Director may issue a letter 
stating that the interest of the United States to the right-of-way 
easement would not be affected provided there would be no objection to a 
right-of-way by the fee owner. If the interest of the United States will 
be affected, application for the right-of-way must be submitted in 
accordance with procedures set out in Sec. 29.21-2.
    (c) Other lands outside the National Wildlife Refuge System. Rights-
of-way on or over other lands will be granted in accordance with 
controlling authorities cited in 43 CFR part 2800, or for oil and gas 
pipelines under section 28 of the Mineral Leasing Act of 1920 (41 Stat. 
449; 30 U.S.C. 185) as amended by Pub. L. 93-153. See Sec. 29.21-8 for 
additional requirements applicable to rights-of-way for electric power 
transmission lines and Sec. 29.21-9 for additional requirements 
applicable to

[[Page 574]]

rights-of-way for pipelines for the transportation of oil, natural gas, 
synthetic liquid or gaseous fuels, or any other refined product produced 
therefrom. Applications will be submitted in accordance with procedures 
set out in Sec. 29.21-2.

[34 FR 19907, Dec. 19, 1969, as amended at 36 FR 2402, Feb. 4, 1971; 39 
FR 5490, Feb. 13, 1974; 42 FR 43917, Aug. 31, 1977; 44 FR 42976, July 
23, 1979; 48 FR 31655, July 11, 1983]



Sec. 29.21-2  Application procedures.

    (a) Application. (1) No special form of application is required. The 
application should state the purpose for which the right-of-way is being 
requested together with the length, width on each side of the 
centerline, and the estimated acreage. Applications, including exhibits, 
shall be filed in triplicate with the Regional Director for the region 
in which the State is located. A list of States in each region and the 
addresses of the Regional Directors are contained in paragraph (c) of 
this section.
    (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.).

------------------------------------------------------------------------
                  Length                              Payment
------------------------------------------------------------------------
Less than 5 miles........................  $50 per mile or fraction
                                            thereof.
5 to 20 miles............................  $500.
20 miles and over........................  $500 for each 20 miles or
                                            fraction thereof.
------------------------------------------------------------------------

    (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.).

------------------------------------------------------------------------
                  Length                              Payment
------------------------------------------------------------------------
Less than 5 miles........................  $20 per mile or fraction
                                            thereof.
5 to 20 miles............................  $200.
20 miles and over........................  $200 for each 20 miles or
                                            fraction thereof.
------------------------------------------------------------------------


[[Page 575]]

    (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) Maps. A map or plat must accompany each copy of the application 
and must show the right-of-way in such detail that the right-of-way can 
be accurately located on the ground. Ties to Service land boundary 
corner monuments or some prominent cultural features which can be 
readily recognized and recovered should be shown where the right-of-way 
enters and leaves Service project land together with courses and 
distances of the centerline. The width of the right-of-way on each side 
of the centerline together with the acreage included within the right-
of-way or site must also be shown. If the right-of-way or site is 
located wholly within Service project land, a tie to a Government corner 
or prominent cultural feature which can be readily recognized and 
recovered should be shown.
    (c) Regional or Area Director's Addresses.
    (1) For the States of California, Hawaii, Idaho, Nevada, Oregon and 
Washington:

Regional Director, U.S. Fish and Wildlife Service, Lloyd 500 Building, 
Suite 1692, 500 NE. Multnomah Street, Portland Oregon 97232.

    (2) For the States of Arizona, New Mexico, Oklahoma, and Texas:

Regional Director, U.S. Fish and Wildlife Service, 500 Gold Avenue, P.O. 
Box 1306, Albuquerque, New Mexico 87103.

    (3) For the States of Illinois, Indiana, Iowa, Michigan, Minnesota, 
Missouri, Ohio, and Wisconsin:

Regional Director, U.S. Fish and Wildlife Service, Federal Building, 
Fort Snelling, Twin Cities, Minnesota 55111.

    (4) For the States of Alabama, Arkansas, Florida, Georgia, Kentucky, 
Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, 
Puerto Rico, and Virgin Islands:

Regional Director, U.S. Fish and Wildlife Service, Richard B. Russell, 
Federal Building, Suite 1200, 75 Spring Street, S.W., Atlanta, Georgia 
30303.


[[Page 576]]


    (5) For the States of Connecticut, Delaware, Maine, Maryland, 
Massachusetts, New Hampshire, New York, New Jersey, Pennsylvania, Rhode 
Island, Vermont, Virginia, and West Virginia:

Regional Director, U.S. Fish and Wildlife Service, One Gateway Center, 
Suite 700, Newton Corner, Massachusetts 03158.

    (6) For the States of Colorado, Kansas, Montana, Nebraska, North 
Dakota, South Dakota, Utah, and Wyoming:

Regional Director, U.S. Fish and Wildlife Service, P.O. Box 25486, 
Denver Federal Center, Denver, Colorado 80225.

    (7) For the State of Alaska:

Regional Director, U.S. Fish and Wildlife Service, 1101 E. Tudor Road, 
Anchorage, Alaska 99503.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43917, Aug. 31, 1977; 
44 FR 42976, July 23, 1979; 48 FR 31655, July 11, 1983]



Sec. 29.21-3  Nature of interest granted.

    (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.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]



Sec. 29.21-4  Terms and conditions.

    (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 
Sec. 29.21-8 for special requirements for electric powerlines and 
Sec. 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

[[Page 577]]

Director approval of measures the applicant will take to perpetuate the 
location of aforesaid monument.
    (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

[[Page 578]]

shall be required where the easement or permit terminates under its 
terms.
    (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.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]



Sec. 29.21-5  Construction.

    (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.

[42 FR 43919, Aug. 31, 1977]



Sec. 29.21-6  Disposal, transfer or termination of interest.

    (a) Change in jurisdiction over and disposal of lands. The final 
disposal by the United States of any tract of land traversed by a right-
of-way shall not be construed to be a revocation of the right-of-way in 
whole or in part, but such final disposition shall be deemed and taken 
to be subject to such right-of-way unless it has been specifically 
canceled.
    (b) Transfer of easement or permit. Any proposed transfer, by 
assignment, lease, operating agreement or otherwise, of an easement or 
permit must be filed in triplicate with the Regional Director and must 
be supported by a stipulation that the transferee agrees to comply with 
and be bound by the terms and conditions of the original grant. A $25 
nonreturnable service fee must accompany the proposal. No transfer will 
be recognized unless and until approved in writing by the Regional 
Director.
    (c) Disposal of property on termination of right-of-way. In the 
absence of any agreement to the contrary, the holder of the right-of-way 
will be allowed 6

[[Page 579]]

months after termination to remove all property or improvements other 
than a road and useable improvements to a road, placed thereon by him; 
otherwise, all such property and improvements shall become the property 
of the United States. Extensions of time may be granted at the 
discretion of the Regional Director.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43919, Aug. 31, 1977]



Sec. 29.21-7  Payment required.

    (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 Sec. 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.

[42 FR 43919, Aug. 31, 1977]



Sec. 29.21-8  Electric power transmission line rights-of-way.

    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 
Sec. 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.

[42 FR 43919, Aug. 31, 1977, as amended at 48 FR 31655, July 11, 1983]

[[Page 580]]



Sec. 29.21-9  Rights-of-way for pipelines for the transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced 
          therefrom.

    (a) Application procedure. Applications for pipelines and related 
facilities under this section are to be filed in accordance with 
Sec. 29.21-2 of these regulations with the following exception:

    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) Right-of-way grants under this section will be subject to the 
special requirements of section 28 of the Mineral Leasing Act of 1920 
(30 U.S.C. 185), as amended, as set forth below. Gathering lines and 
associated structures used solely in the production of oil and gas under 
valid leases on the lands administered by the Fish and Wildlife Service 
are excepted from the provisions of this section.
    (1) Pipeline safety. Rights-of-way or permits granted under this 
section will include requirements that will protect the safety of 
workers and protect the public from sudden ruptures and slow degradation 
of the pipeline. An applicant must agree to design, construct, and 
operate all proposed facilities in accordance with the provisions of 
parts 192 and/or 195 of title 49 of the CFR and in accordance with the 
Occupational Safety and Health Act of 1970, Pub. L. 91-596, including 
any amendments thereto.
    (2) Environmental protection. An application for a right-of-way must 
contain environmental information required by Sec. 29.21-2(a)(4) of this 
subpart. If the Regional Director determines that a proposed project 
will have a significant affect on the environment, there must also be 
furnished a plan of construction, operations, and rehabilitation of the 
proposed facilities. In addition to terms and conditions imposed under 
Sec. 29.21-4, the Regional director will impose such stipulations as may 
be required to assure: (i) Restoration, revegetation and curtailment of 
erosion of the surface; (ii) that activities in connection with the 
right-of-way or permit will not violate applicable air and water quality 
standards in related facilities siting standards established by law; 
(iii) control or prevention of damage to the environment including 
damage to fish and wildlife habitat, public or private property, and 
public health and safety; and (iv) protection of the interests of 
individuals living in the general area of the right-of-way or permit who 
rely on the fish, wildlife, and biotic resources of the area for 
subsistence purposes.
    (c) Disclosure. If the applicant is a partnership, corporation, 
association, or other business entity it must disclose the identity of 
the participants in the entity. Such disclosure shall include where 
applicable (1) the name and address of each partner, (2) the name and 
address of each shareholder owning 3 percentum or more of the shares, 
together with the number and percentage of any class of voting shares of 
the entity which such shareholder is authorized to vote, and (3) the 
name and address of each affiliate of the entity together with, in the 
case of an affiliate controlled by the entity, the number of shares and 
the percentage of any class of voting stock of that affiliate owned, 
directly or indirectly, by that entity, and in the case of an affiliate 
which controls that entity, the number of shares and the percentage of 
any class of voting stock of that entity owned, directly or indirectly, 
by the affiliate.
    (d) Technical and financial capability. The Regional Director may 
grant or renew a right-of-way or permit under this section only when he 
is satisfied that the applicant has the technical and financial 
capability to construct, operate, maintain and terminate the facility. 
At the discretion of the Regional Director, a financial statement may be 
required.
    (e) Reimbursement of costs. In accordance with Sec. 29.21-2(a)(3) of 
this subpart, the holder of a right-of-way or permit must reimburse the 
Service for the cost incurred in monitoring the construction, operation, 
maintenance, and

[[Page 581]]

termination of any pipeline or related facilities as determined by the 
Regional Director.
    (f) Public hearing. The Regional Director shall give notice to 
Federal, State, and local government agencies, and the public, and 
afford them the opportunity to comment on right-of-way applications 
under this section. A notice will be published in the Federal Register 
and a public hearing may be held where appropriate.
    (g) Bonding. Where appropriate the Regional Director may require the 
holder of a right-of-way or permit to furnish a bond, or other security 
satisfactory to him, to secure all or any of the obligations imposed by 
the terms and conditions of the right-of-way or permit or by any rule or 
regulation, not to exceed the period of construction plus one year or a 
longer period if necessary for the pipeline to stabilize.
    (h) Suspension of right-of-way. If the Project Manager determines 
that an immediate temporary suspension of activities within a right-of-
way or permit area is necessary to protect public health and safety or 
the environment, he may issue an emergency suspension order to abate 
such activities prior to an administrative proceeding. The Regional 
Director must make a determination and notify the holder in writing 
within 15 days from the date of suspension as to whether the suspension 
should continue and list actions needed to terminate the suspension. 
Such suspension shall remain in effect for only so long as an emergency 
condition continues.
    (i) Joint use of rights-of-way. Each right-of-way or permit shall 
reserve to the Regional Director the right to grant additional rights-
of-way or permits for compatible uses on or adjacent to rights-of-way or 
permit areas granted under this section after giving notice to the 
holder and an opportunity to comment.
    (j) Common carriers. (1) Pipelines and related facilities used for 
the transportation of oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom shall be constructed, 
operated, and maintained as common carriers.
    (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) Limitations on export. Any domestically produced crude oil 
transported by pipeline over rights-of-way granted

[[Page 582]]

pursuant to section 28 of the Mineral Leasing Act of 1920, except such 
crude oil which is either exchanged in similar quantity for convenience 
or increased efficiency of transportation with persons or the government 
of an adjacent foreign state, or which is temporarily exported for 
convenience or increased efficiency of transportation across parts of an 
adjacent foreign state and reenters the United States, shall be subject 
to all of the limitation and licensing requirements of the Export 
Administration Act of 1969.
    (l) State standards. The Regional Director shall take into 
consideration, and to the extent practical comply with, applicable State 
standards for right-of-way construction, operation, and maintenance.
    (m) Congressional notification. The Secretary shall notify the House 
and Senate Committees on Interior and Insular Affairs promptly upon 
receipt of an application for a right-of-way for pipeline 24 inches or 
more in diameter, and no right-of-way for such a pipeline shall be 
granted until 60 days (not including days on which the House or Senate 
has adjourned for more than three days) after a notice of intention to 
grant the right-of-way together with the Secretary's detailed findings 
as to terms and conditions he proposes to impose, has been submitted to 
the Committees, unless each Committee by resolution waives the waiting 
period.

[42 FR 43921, Aug. 31, 1977]



Sec. 29.22  Hearing and appeals procedures.

    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.

[44 FR 42976, July 23, 1979]



                      Subpart C--Mineral Operations



Sec. 29.31  Mineral ownerships in the United States.

    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.

[31 FR 16026, Dec. 15, 1966, as amended at 44 FR 42976, July 23, 1979]



Sec. 29.32  Mineral rights reserved and excepted.

    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

[[Page 583]]

operations the area shall be restored as nearly as possible to its 
condition prior to the commencement of operations. Nothing in this 
section shall be applied so as to contravene or nullify rights vested in 
holders of mineral interests on refuge lands.



PART 30--RANGE AND FERAL ANIMAL MANAGEMENT--Table of Contents




                        Subpart A--Range Animals

Sec.
30.1  Surplus range animals.
30.2  Disposition of surplus range animals.

                        Subpart B--Feral Animals

30.11  Control of feral animals.
30.12  Disposition of feral animals.

    Authority: 5 U.S.C. 301; 16 U.S.C. 668dd, as amended; 16 U.S.C. 
715i, as amended; 41 CFR 101-44.



                        Subpart A--Range Animals



Sec. 30.1  Surplus range animals.

    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.

[38 FR 16356, June 22, 1973]



Sec. 30.2   Disposition of surplus range animals.

    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.

[62 FR 19937, Apr. 24, 1997]



                        Subpart B--Feral Animals



Sec. 30.11  Control of feral animals.

    (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]

[31 FR 16027, Dec. 15, 1966]



Sec. 30.12  Disposition of feral animals.

    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).

[38 FR 16356, June 22, 1973]



PART 31--WILDLIFE SPECIES MANAGEMENT--Table of Contents




                       Subpart A--Surplus Wildlife

Sec.
31.1  Determination of surplus wildlife populations.
31.2  Methods of surplus wildlife population control and disposal.

   Subpart B--Terms and Conditions of Wildlife Reduction and Disposal

31.11  Donation and loan of wildlife specimens.
31.12  Sale of wildlife specimens.
31.13  Commercial harvest of fishery resources.
31.14  Official animal control operations.
31.15  Public hunting and fishing programs.
31.16  Trapping program.
31.17  Disposal of furs and pelts.

    Authority: 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.

    Source: 31 FR 16027, Dec. 15, 1966, unless otherwise noted.



                       Subpart A--Surplus Wildlife



Sec. 31.1  Determination of surplus wildlife populations.

    The populations and requirements of wildlife species on wildlife 
refuge areas

[[Page 584]]

shall be determined by population census, habitat evaluation, and other 
means of ecological study.



Sec. 31.2  Methods of surplus wildlife population control and disposal.

    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.



   Subpart B--Terms and Conditions of Wildlife Reduction and Disposal



Sec. 31.11  Donation and loan of wildlife specimens.

    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.

[38 FR 16356, June 22, 1973]



Sec. 31.12  Sale of wildlife specimens.

    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.



Sec. 31.13  Commercial harvest of fishery resources.

    Fishery resources of commercial importance on wildlife refuge areas 
may be taken under permit in accordance with Federal and State law and 
regulation.



Sec. 31.14  Official animal control operations.

    (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.



Sec. 31.15  Public hunting and fishing programs.

    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.



Sec. 31.16  Trapping program.

    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.

[36 FR 17998, Sept. 8, 1971]



Sec. 31.17  Disposal of furs and pelts.

    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.



PART 32--HUNTING AND FISHING--Table of Contents




                      Subpart A--General Provisions

Sec.
32.1  Opening of wildlife refuge areas to hunting.
32.2  General provisions regarding hunting on areas of the National 
          Wildlife Refuge System.

[[Page 585]]

32.3  Procedures for publication of refuge-specific hunting regulations.
32.4  Opening of wildlife refuge areas to fishing.
32.5  General provisions regarding fishing on wildlife refuges.
32.6  Procedures for publication of refuge-specific fishing regulations.
32.7  List of refuge units open to hunting and/or fishing.
32.8  Areas closed to hunting.

     Subpart B--Refuge-Specific Regulations for Hunting and Fishing

32.20  Alabama.
32.21  Alaska.
32.22  Arizona.
32.23  Arkansas.
32.24  California.
32.25  Colorado.
32.26  Connecticut. [Reserved]
32.27  Delaware.
32.28  Florida.
32.29  Georgia.
32.30  Hawaii.
32.31  Idaho.
32.32  Illinois.
32.33  Indiana.
32.34  Iowa.
32.35  Kansas.
32.36  Kentucky.
32.37  Louisiana.
32.38  Maine.
32.39  Maryland.
32.40  Massachusetts.
32.41  Michigan.
32.42  Minnesota.
32.43  Mississippi.
32.44  Missouri.
32.45  Montana.
32.46  Nebraska.
32.47  Nevada.
32.48  New Hampshire.
32.49  New Jersey.
32.50  New Mexico.
32.51  New York.
32.52  North Carolina.
32.53  North Dakota.
32.54  Ohio.
32.55  Oklahoma.
32.56  Oregon.
32.57  Pennsylvania.
32.58  Puerto Rico. [Reserved]
32.59  Rhode Island.
32.60  South Carolina.
32.61  South Dakota.
32.62  Tennessee.
32.63  Texas.
32.64  Utah.
32.65  Vermont.
32.66  Virginia.
32.67  Washington.
32.68  West Virginia.
32.69  Wisconsin.
32.70  Wyoming.
32.71  Pacific Islands Territory.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, and 715i.

    Source: 58 FR 5064, Jan. 19, 1993, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 32.1  Opening of wildlife refuge areas to hunting.

    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: Provided, That all forms of hunting or entry on all 
or any part of individual areas may be temporarily suspended by posting 
upon occasions of unusual or critical conditions of, or affecting land, 
water, vegetation, or wildlife populations.



Sec. 32.2  General provisions regarding hunting on areas of the National Wildlife Refuge System.

    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.

[[Page 586]]

    (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 Secs. 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.

[58 FR 5064, Jan. 19, 1993, as amended at 63 FR 46914, Sept. 3, 1998]



Sec. 32.3  Procedures for publication of refuge-specific hunting 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 Federal Register and subsequently appear in 50 
CFR 32.20 through 32.71.
    (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.

[[Page 587]]



Sec. 32.4  Opening of wildlife refuge areas to fishing.

    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 et seq.). 
Lands acquired as ``waterfowl production areas'' are open to sport 
fishing subject to the provisions of State laws and regulations and the 
pertinent provisions of parts 25 through 31 of this subchapter: 
Provided, that fishing or entry on all or any part of individual areas 
may be temporarily suspended by posting upon occasions of unusual or 
critical conditions of, or affecting, land, water, vegetation or fish 
and wildlife populations.



Sec. 32.5  General provisions regarding fishing on wildlife refuges.

    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 Secs. 32.20 through 32.71.



Sec. 32.6  Procedures for publication of refuge-specific fishing regulations.

    (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 Federal Register and appear subsequently in 
Secs. 32.20-32.71 of this part.
    (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.



Sec. 32.7  List of refuge units open to hunting and/or fishing.

    Refuge units open to hunting and/or fishing in accordance with the 
provisions of subpart A of this part and Secs. 32.20-32.71, inclusive, 
are as follows:

                                 Alabama

Blowing Wind Cave National Wildlife Refuge
Bon Secour National Wildlife Refuge
Choctaw National Wildlife Refuge
Eufaula National Wildlife Refuge
Key Cave National Wildlife Refuge
Wheeler National Wildlife Refuge

                                 Alaska

Alaska Maritime National Wildlife Refuge
Alaska Peninsula National Wildlife Refuge
Arctic National Wildlife Refuge
Becharof National Wildlife Refuge
Innoko National Wildlife Refuge
Izembek National Wildlife Refuge
Kanuti National Wildlife Refuge
Kenai National Wildlife Refuge
Kodiak National Wildlife Refuge

[[Page 588]]

Koyukuk National Wildlife Refuge
Nowitna National Wildlife Refuge
Salawik National Wildlife Refuge
Tetlin National Wildlife Refuge
Togiak National Wildlife Refuge
Yukon Delta National Wildlife Refuge
Yukon Flats National Wildlife Refuge

                                 Arizona

Bill Williams River National Wildlife Refuge
Buenos Aires National Wildlife Refuge
Cabeza Prieta National Wildlife Refuge
Cibola National Wildlife Refuge
Havasu National Wildlife Refuge
Imperial National Wildlife Refuge
Kofa National Wildlife Refuge
San Bernardino National Wildlife Refuge

                                Arkansas

Bald Knob National Wildlife Refuge
Big Lake National Wildlife Refuge
Cache River National Wildlife Refuge
Cossatot National Wildlife Refuge
Felsenthal National Wildlife Refuge
Holla Bend National Wildlife Refuge
Overflow National Wildlife Refuge
Wapanocca National Wildlife Refuge
White River National Wildlife Refuge

                               California

Cibola National Wildlife Refuge
Clear Lake National Wildlife Refuge
Colusa National Wildlife Refuge
Delevan National Wildlife Refuge
Havasu National Wildlife Refuge
Humboldt Bay National Wildlife Refuge
Imperial National Wildlife Refuge
Kern National Wildlife Refuge
Lower Klamath National Wildlife Refuge
Merced National Wildlife Refuge
Modoc National Wildlife Refuge
Sacramento National Wildlife Refuge
Salinas River National Wildlife Refuge
Salton Sea National Wildlife Refuge
San Francisco Bay National Wildlife Refuge
San Luis National Wildlife Refuge
San Pablo National Wildlife Refuge
Sutter National Wildlife Refuge
Tule Lake National Wildlife Refuge

                                Colorado

Alamosa National Wildlife Refuge
Arapaho National Wildlife Refuge
Browns Park National Wildlife Refuge
Monte Vista National Wildlife Refuge
Rocky Mountain Arsenal

                               Connecticut

[Reserved]

                                Delaware

Bombay Hook National Wildlife Refuge
Prime Hook National Wildlife Refuge

                                 Florida

Arthur R. Marshall Loxahatchee National Wildlife Refuge
Cedar Keys National Wildlife Refuge
Chassahowitzka National Wildlife Refuge
Egmont Key National Wildlife Refuge
Hobe Sound National Wildlife Refuge
J.N. ``Ding'' Darling National Wildlife Refuge
Lake Woodruff National Wildlife Refuge
Lower Suwannee National Wildlife Refuge
Merrit Island National Wildlife Refuge
Pelican Island National Wildlife Refuge
Pinellas National Wildlife Refuge
St. Marks National Wildlife Refuge
St. Vincent National Wildlife Refuge
Ten Thousand Islands National Wildlife Refuge

                                 Georgia

Banks Lake National Wildlife Refuge
Blackbeard Island National Wildlife Refuge
Eufaula National Wildlife Refuge
Harris Neck National Wildlife Refuge
Okefenokee National Wildlife Refuge
Piedmont National Wildlife Refuge
Savannah National Wildlife Refuge
Wassaw National Wildlife Refuge
Wolf Island National Wildlife Refuge

                                 Hawaii

Hakalau Forest National Wildlife Refuge
Hanalei National Wildlife Refuge
Kakahaia National Wildlife Refuge

                                  Idaho

Bear Lake National Wildlife Refuge
Camas National Wildlife Refuge
Deer Flat National Wildlife Refuge
Grays Lake National Wildlife Refuge
Kootenai National Wildlife Refuge
Minidoka National Wildlife Refuge

                                Illinois

Chautauqua National Wildlife Refuge
Crab Orchard National Wildlife Refuge
Cypress Creek National Wildlife Refuge
Emiquon National Wildlife Refuge
Mark Twain National Wildlife Refuge
Meredosia National Wildlife Refuge
Upper Mississippi River Wildlife and Fish Refuge

                                 Indiana

Muscatatuck National Wildlife Refuge
Patoka River National Wildlife Refuge and Management Area

                                  Iowa

De Soto National Wildlife Refuge
Driftless Area National Wildlife Refuge
Mark Twain National Wildlife Refuge
Union Slough National Wildlife Refuge
Upper Mississippi River Wild Life and Fish Refuge

[[Page 589]]

Walnut Creek National Wildlife Refuge

                                 Kansas

Flint Hills National Wildlife Refuge
Kirwin National Wildlife Refuge
Quivira National Wildlife Refuge

                                Kentucky

Ohio River Islands National Wildlife Refuge
Reelfoot National Wildlife Refuge

                                Louisiana

Atchafalaya National Wildlife Refuge
Bayou Cocodrie National Wildlife Refuge
Bayou Sauvage National Wildlife Refuge
Big Branch Marsh National Wildlife Refuge
Black Bayou Lake National Wildlife Refuge
Bogue Chitto National Wildlife Refuge
Breton National Wildlife Refuge
Cameron Prairie National Wildlife Refuge
Catahoula National Wildlife Refuge
D'Arbonne National Wildlife Refuge
Delta National Wildlife Refuge
Grand Cote National Wildlife Refuge
Lacassine National Wildlife Refuge
Lake Ophelia National Wildlife Refuge
Mandalay National Wildlife Refuge
Sabine National Wildlife Refuge
Tensas River National Wildlife Refuge
Upper Ouachita National Wildlife Refuge

                                  Maine

Moosehorn National Wildlife Refuge
Rachel Carson National Wildlife Refuge
Sunkhaze Meadows National Wildlife Refuge

                                Maryland

Blackwater National Wildlife Refuge
Eastern Neck National Wildlife Refuge
Patuxent Research Refuge

                              Massachusetts

Great Meadows National Wildlife Refuge
Monomoy National Wildlife Refuge
Nantucket National Wildlife Refuge
Oxbow National Wildlife Refuge
Parker River National Wildlife Refuge

                                Michigan

Harbor Island National Wildlife Refuge
Kirtland's Warbler Wildlife Management Area
Seney National Wildlife Refuge
Shiawassee National Wildlife Refuge

                                Minnesota

Agassiz National Wildlife Refuge
Big Stone National Wildlife Refuge
Fergus Falls Wetland Management District
Minnesota Valley National Wildlife Refuge
Morris Wetland Management District
Rice Lake National Wildlife Refuge
Rydell National Wildlife Refuge
Sherburne National Wildlife Refuge
Tamarac National Wildlife Refuge
Upper Mississippi River Wild Life and Fish Refuge
Windom Wetland Management District

                               Mississippi

Bogue Chitto National Wildlife Refuge
Dahomey National Wildlife Refuge
Hillside National Wildlife Refuge
Mathews Brake National Wildlife Refuge
Morgan Brake National Wildlife Refuge
Noxubee National Wildlife Refuge
Panther Swamp National Wildlife Refuge
St. Catherine Creek National Wildlife Refuge
Tallahatchie National Wildlife Refuge
Yazoo National Wildlife Refuge

                                Missouri

Big Muddy National Wildlife Refuge
Mark Twain National Wildlife Refuge
Mingo National Wildlife Refuge
Squaw Creek National Wildlife Refuge
Swan Lake National Wildlife Refuge

                                 Montana

Benton Lake National Wildlife Refuge
Black Coulee National Wildlife Refuge
Bowdoin National Wildlife Refuge
Charles M. Russell National Wildlife Refuge
Creedman Coulee National Wildlife Refuge
Hailstone National Wildlife Refuge
Halfbreed Lake National Wildlife Refuge
Hewitt Lake National Wildlife Refuge
Lake Mason National Wildlife Refuge
Lake Thibadeau National Wildlife Refuge
Lamesteer National Wildlife Refuge
Lee Metcalf National Wildlife Refuge
Medicine Lake National Wildlife Refuge
National Bison National Wildlife Refuge
Nine-Pipe National Wildlife Refuge
Pablo National Wildlife Refuge
Red Rock Lakes National Wildlife Refuge
Swan River National Wildlife Refuge
UL Bend National Wildlife Refuge
War Horse National Wildlife Refuge

                                Nebraska

Boyer Chute National Wildlife Refuge
Crescent Lake National Wildlife Refuge
De Soto National Wildlife Refuge
Fort Niobrara National Wildlife Refuge
North Platte National Wildlife Refuge
Valentine National Wildlife Refuge

                                 Nevada

Ash Meadows National Wildlife Refuge
Desert National Wildlife Refuge
Pahranagat National Wildlife Refuge
Ruby Lake National Wildlife Refuge
Sheldon National Wildlife Refuge
Stillwater Management Area
Stillwater National Wildlife Refuge

                              New Hampshire

Great Bay National Wildlife Refuge

[[Page 590]]

                               New Jersey

Cape May National Wildlife Refuge
Edwin B. Forsythe National Wildlife Refuge
Great Swamp National Wildlife Refuge
Supawna Meadows National Wildlife Refuge
Wallkill River National Wildlife Refuge

                               New Mexico

Bitter Lake National Wildlife Refuge
Bosque del Apache National Wildlife Refuge
Las Vegas National Wildlife Refuge
Maxwell National Wildlife Refuge
Sevilleta National Wildlife Refuge

                                New York

Amagansett National Wildlife Refuge
Elizabeth A. Morton National Wildlife Refuge
Iroquois National Wildlife Refuge
Montezuma National Wildlife Refuge
Oyster Bay National Wildlife Refuge
Seatuck National Wildlife Refuge
Target Rock National Wildlife Refuge
Wertheim National Wildlife Refuge

                             North Carolina

Alligator River National Wildlife Refuge
Cedar Island National Wildlife Refuge
Great Dismal Swamp National Wildlife Refuge
MacKay Island National Wildlife Refuge
Mattamuskeet National Wildlife Refuge
Pea Island National Wildlife Refuge
Pee Dee National Wildlife Refuge
Pocosin Lakes National Wildlife Refuge
Roanoke River National Wildlife Refuge
Swanquarter National Wildlife Refuge

                              North Dakota

Arrowwood National Wildlife Refuge
Audubon National Wildlife Refuge
Chase Lake National Wildlife Refuge
Des Lacs National Wildlife Refuge
J. Clark Salyer National Wildlife Refuge
Lake Alice National Wildlife Refuge
Lake Ilo National Wildlife Refuge
Lake Nettie National Wildlife Refuge
Lake Zahl National Wildlife Refuge
Long Lake National Wildlife Refuge
Lostwood National Wildlife Refuge
Rock Lake National Wildlife Refuge
Sibley Lake National Wildlife Refuge
Slade National Wildlife Refuge
Tewaukon National Wildlife Refuge
Upper Souris National Wildlife Refuge

                                  Ohio

Cedar Point National Wildlife Refuge
Ottawa National Wildlife Refuge

                                Oklahoma

Deep Fork National Wildlife Refuge
Little River National Wildlife Refuge
Optima National Wildlife Refuge
Salt Plains National Wildlife Refuge
Sequoyah National Wildlife Refuge
Tishomingo National Wildlife Refuge
Washita National Wildlife Refuge
Wichita Mountains National Wildlife Refuge

                                 Oregon

Ankeny National Wildlife Refuge
Bandon Marsh National Wildlife Refuge
Baskett Slough National Wildlife Refuge
Bear Valley National Wildlife Refuge
Cold Springs National Wildlife Refuge
Deer Flat National Wildlife Refuge
Hart Mountain National Wildlife Refuge
Klamath Forest National Wildlife Refuge
Lewis and Clark National Wildlife Refuge
Lower Klamath National Wildlife Refuge
Malheur National Wildlife Refuge
McKay Creek National Wildlife Refuge
Sheldon National Wildlife Refuge
Umatilla National Wildlife Refuge
Upper Klamath National Wildlife Refuge
William L. Finley National Wildlife Refuge

                              Pennsylvania

Erie National Wildlife Refuge
John Heinz National Wildlife Refuge at Tinicum
Ohio River Islands National Wildlife Refuge

                               Puerto Rico

[Reserved]

                              Rhode Island

Block Island National Wildlife Refuge
Ninigret National Wildlife Refuge
Pettaquamscutt Cove National Wildlife Refuge
Sachuest Point National Wildlife Refuge
Trustom Pond National Wildlife Refuge

                             South Carolina

ACE Basin National Wildlife Refuge
Cape Romain National Wildlife Refuge
Carolina Sandhills National Wildlife Refuge
Pinckney Island National Wildlife Refuge
Santee National Wildlife Refuge
Savannah National Wildlife Refuge

                              South Dakota

Lacreek National Wildlife Refuge
Pocasse National Wildlife Refuge
Sand Lake National Wildlife Refuge
Waubay National Wildlife Refuge

                                Tennessee

Chickasaw National Wildlife Refuge
Cross Creeks National Wildlife Refuge
Hatchie National Wildlife Refuge
Lake Isom National Wildlife Refuge
Lower Hatchie National Wildlife Refuge
Reelfoot National Wildlife Refuge
Tennessee National Wildlife Refuge

                                  Texas

Anahuac National Wildlife Refuge

[[Page 591]]

Aransas National Wildlife Refuge
Balcones Canyonlands National Wildlife Refuge
Big Boggy National Wildlife Refuge
Brazoria National Wildlife Refuge
Buffalo Lake National Wildlife Refuge
Hagerman National Wildlife Refuge
Laguna Atascosa National Wildlife Refuge
McFaddin National Wildlife Refuge
San Bernard National Wildlife Refuge
Texas Point National Wildlife Refuge

                                  Utah

Bear River National Wildlife Refuge
Fish Springs National Wildlife Refuge
Ouray National Wildlife Refuge

                                 Vermont

Missisquoi National Wildlife Refuge

                                Virginia

Back Bay National Wildlife Refuge
Chinocteague National Wildlife Refuge
Eastern Shore of Virginia National Wildlife Refuge
Great Dismal Swamp National Wildlife Refuge
James River National Wildilfe Refuge
Mason Neck National Wildlife Refuge
Presquile National Wildlife Refuge

                               Washington

Columbia National Wildlife Refuge
Conboy Lake National Wildlife Refuge
Dungeness National Wildlife Refuge
Julia Butler Hansen Refuge for the Columbian White-tailed Deer
Little Pend Oreille National Wildlife Refuge
McNary National Wildlife Refuge
Nisqually National Wildlife Refuge
Ridgefield National Wildlife Refuge
Toppenish National Wildlife Refuge
Umatilla National Wildlife Refuge
Willapa National Wildlife Refuge

                              West Virginia

Canaan Valley National Wildlife Refuge
Ohio River Islands National Wildlife Refuge

                                Wisconsin

Fox River National Wildlife Refuge
Horicon National Wildlife Refuge
Leopold Wetland Management District
Necedah National Wildlife Refuge
Trempealeau National Wildlife Refuge
Upper Mississippi River National Wildlife and Fish Refuge

                                 Wyoming

National Elk Refuge
Pathfinder National Wildlife Refuge
Seedskadee National Wildlife Refuge

                        Pacific Islands Territory

Guam National Wildlife Refuge
Johnston Atoll National Wildlife Refuge
Midway Atoll National Wildlife Refuge

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 58 
FR 29084, May 18, 1993; 59 FR 6685, 6688, Feb. 11, 1994; 59 FR 55183, 
55191, 55196, Nov. 3, 1994; 60 FR 5277, Jan. 26, 1995; 60 FR 52868, Oct. 
11, 1995; 60 FR 61212, Nov. 29, 1995; 60 FR 62040, Dec. 4, 1995; 61 FR 
31461, 31463, June 20, 1996; 61 FR 45366, Aug. 29, 1996; 61 FR 46393, 
Sept. 3, 1996; 62 FR 47375, Sept. 9, 1997; 63 FR 46914, Sept. 3, 1998]



Sec. 32.8  Areas closed to hunting.

------------------------------------------------------------------------
  Proclamations and                     Land and waters
        orders                          within boundary
----------------------      State      and adjacent to,      Citation
                                           or in the
 No.        Date                         vicinity of--
------------------------------------------------------------------------
       Nov. 20, 1959.  Alabama.......  Wheeler National  24 FR 9513.
                                        Wildlife Refuge.
       Oct. 15, 1960.  .......do.....  .......do.......  25 FR 9899.
       Nov. 3, 1970..  .......do.....  Eufaula National  35 FR 16935.
                                        Wildlife Refuge.
 2325  Mar. 21, 1939.  Arkansas......  Big Lake          3 CFR Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  1309.
       Oct. 24, 1958.  .......do.....  Holla Bend        23 FR 8429.
                                        National
                                        Wildlife Refuge.
 2274  Mar. 15, 1938.  .......do.....  White River       3 FR 591.
                                        National
                                        Wildlife Refuge.
       July 13, 1963.  Delaware......  Bombay Hook       28 FR 6228.
                                        National
                                        Wildlife Refuge.
       Oct. 22, 1953.  Florida.......  St. Marks         18 FR 7837.
                                        National
                                        Wildlife Refuge.
       Oct. 20, 1960.  .......do.....  .......do.......  25 FR 10030.
 2758  Dec. 2, 1947..  .......do.....  ``Ding'' Darling  3 CFR 1947
                                        National          Supp.; 12 FR
                                        Wildlife Refuge.  8039.
 2239  Apr. 10, 1939.  Georgia.......  Savannah          3 CFR Cum.
                                        National          Supp.; 4 FR
                                        Wildlife Refuge.  1595.
       Nov. 3, 1970..  .......do.....  Eufaula Wildlife  35 FR 16935.
                                        Refuge.
       Nov. 3, 1970..  .......do.....  Wassaw National   35 FR 16936.
                                        Wildlife Refuge.
 2748  Oct. 1, 1947..  Illinois......  Honshoe Lake,     3 CFR, 1947
                                        Alexander         Supp. 12 FR
                                        County.           6521.
       Sept. 9, 1953.  .......do.....  .......do.......  18 FR 5495.
 2748  Oct. 2, 1958..  Iowa..........  Upper             3 CFR, 1958
                                        Mississippi       Supp.; 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
 2322  Feb. 7, 1939..  Louisiana.....  Lacassine         3 CFR, Cum.
                                        National          Suppl. 4 FR
                                        Wildlife Refuge.  611.
       Nov. 19, 1982.  .......do.....  Delta National    47 FR 52183.
                                        Wildlife Refuge.
       Dec. 2, 1969..  .......do.....  Lacassine         34 FR 19077.
                                        National
                                        Wildlife Refuge.
       Aug. 13, 1960.  Maryland......  Martin National   25 FR 7741.
                                        Wildlife Refuge.

[[Page 592]]

 
 2617  Oct. 18, 1948.  Massachusetts.  Parker River      3 CFR, 1948
                                        National          Supp. 13 FR
                                        Wildlife Refuge.  6115.
       Oct. 2, 1958..  Minnesota.....  Upper             3 CFR, 1958
                                        Mississippi       Supp. 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
 2200  Oct. 7, 1936..  Montana.......  Red Rock Lakes    1 FR 1554.
                                        National
                                        Wildlife Refuge.
       Aug. 30, 1976.  .......do.....  Charles M.        41 FR 31539.
                                        Russell
                                        National
                                        Wildlife Refuge.
 2284  May 9, 1939...  North Carolina  Pea Island        3 FR 912.
                                        National
                                        Wildlife Refuge.
 2129  July 18, 1935.  .......do.....  Swanquarter       49 Stat. 3450.
                                        National
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Sept. 22, 1967  .......do.....  Pee Dee National  32 FR 13384. 33
                                        Wildlife Refuge.  FR 749, Jan.
                                                          20, 1968.
       Sept. 27, 1964  .......do.....  .......do.......  49 FR 38141.
 2000  June 6, 1932..  South Carolina  Cape Romanain     47 Stat. 2513.
                                        National
                                        Wildlife Refuge.
 2329  Apr. 10, 1939.  .......do.....  Savannah          3 CFR, Cum.
                                        National          Supp.; 4 FR
                                        Wildlife Refuge.  1595.
       Sept. 13, 1968  .......do.....  Cape Romain       33 FR 12964.
                                        National
                                        Wildlife Refuge.
       Oct. 8, 1963..  Tennessee.....  Cross Creeks      28 FR 10782.
                                        National
                                        Wildlife Refuge.
       Aug. 23, 1956.  Texas.........  Aransas National  21 FR 6513.
                                        Wildlife
                                        Regudge.
 2370  Oct. 16, 1939.  Virginia......  Back Bay          3 CFR, Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  4285.
       Aug. 13, 1954.  .......do.....  Presquile         19 FR 5290.
                                        National
                                        Wildlife Refuge.
       Jan. 5, 1962..  .......do.....  Back Bay          27 FR 104; 27
                                        National          FR 858.
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Oct. 9, 1969..  .......do.....  Mason Neck        34 FR 15653.
                                        National
                                        Wildlife Refuge.
 2439  Nov. 7, 1940..  Washington....  Willapa National  3 CFR, Cum.
                                        Wildlife Refuge.  Supp.; 5 FR
                                                          4443.
       Oct. 2, 1958..  Wisconsin.....  Upper             3 CFR, 1958
                                        Mississippi       Supp.; 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
------------------------------------------------------------------------

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 42880, Aug. 12, 1993]



     Subpart B--Refuge-Specific Regulations for Hunting and Fishing



Sec. 32.20  Alabama.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

               Blowing Wind Cave National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following condition: Sauty 
Creek Wildlife Management Area regulations apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Bon Secour National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Choctaw National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon and 
opossum is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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

[[Page 593]]

and seine used in refuge waters. Information on harvest data is 
required.

                    Eufaula National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
mourning doves is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    B. Upland Game Hunting. Hunters may hunt rabbit and squirrel on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Anglers may fish, frog and trap turtles on 
designated areas of the refuge subject to State fishing regulations and 
the following conditions:
    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.

                    Key Cave National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt mourning doves 
on designated portions of the refuge subject to the following condition: 
Refuge permits required.
    B. Upland Game Hunting. Hunters may hunt only quail, squirrel, 
rabbits, raccoons, and opossum on designated portions of the refuge 
subject to the following condition: Refuge permits required.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Wheeler National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, racoon and 
opossum is permitted on designated areas of the refuge subject to the 
following special condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6688, Feb. 11, 1994; 59 FR 55183, Nov. 3, 1994; 62 FR 47375, Sept. 9, 
1997; 63 FR 46915, Sept. 3, 1998]



Sec. 32.21  Alaska.

    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.



Sec. 32.22  Arizona.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

              Bill Williams River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning and white-
winged doves is permitted on designated areas of the refuge subject to 
the following condition: Legal weapon is shotgun only.
    B. Upland Game Hunting. Hunting of quail and cottontail rabbit is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunting of desert bighorn sheep is permitted on 
designated areas of the refuge.
    D. Sport Fishing. Sport fishing is permitted in designated areas.

[[Page 594]]

                  Buenos Aires National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and mourning and white-winged doves is permitted on designated areas of 
the refuge.
    B. Upland Game Hunting. Hunting of cottontail rabbit, coyote, and 
skunks is permitted on designated areas of the refuge.
    C. Big Game Hunting. Hunting of mule and white-tailed deer, javelina 
and feral hogs is permitted on designated areas f the refuge.
    D. Sport Fishing. [Reserved]

                 Cabeza Prieta National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of desert bighorn sheep is permitted on 
designated areas of the refuge subject to the following condition: Entry 
permits are required.
    D. Sport Fishing. [Reserved]

                     Cibola National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens, common snipe, mourning and white-winged dove is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of quail and cottontail rabbit is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunting of mule deer is permitted on designated 
areas of the refuge subject to the following condition: During the 
waterfowl season, hunting of deer is not permitted on farm Unit 2 before 
12 p.m. each day.
    D. Sport Fishing. Fishing and frogging are permitted subject to the 
following conditions:
    1. Anglers may fish and frog in Cibola Lake only from March 15 
through Labor Day.

                     Havasu National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning and white-
winged doves, ducks, coots, moorhens, geese and common snipe is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunting of quail and cottontail rabbit is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunting of desert bighorn sheep is permitted on 
designated areas of the refuge with a valid State permit.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Designated portions of

[[Page 595]]

the Topock Marsh are closed to all entry from October 1 through January 
31.

                    Imperial National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning and white-
winged doves, ducks, coot, moorhens, geese and common snipe is permitted 
on designated areas of the refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of quail, cottontail rabbit, coyote, 
and fox is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    C. Big Game Hunting. Hunting of mule deer and desert bighorn sheep 
is permitted on designated areas of the refuge.
    D. Sport Fishing. Fishing and frogging for bullfrogs (Rana 
catesbeiana) are permitted on designated areas of the refuge subject to 
the following condition: Designated portions of the Martinez Lake and 
Ferguson Lake are closed to entry from October 1 to March 1.

                      Kofa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of quail, cottontail rabbit, coyote, 
and fox is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    C. Big Game Hunting. Hunting of mule deer and desert bighorn sheep 
is permitted on designated areas of the refuge.
    D. Sport Fishing. [Reserved]

                 San Bernardino National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of quail and cottontail rabbits is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6688, Feb. 11, 1994; 59 FR 55183, Nov. 3, 1994; 60 FR 62040, Dec. 4, 
1995; 62 FR 47376, Sept. 9, 1997]



Sec. 32.23  Arkansas.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Bald Knob National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
condition:
    1. Hunters must possess a refuge permit.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishermen may fish and frog on designated areas of 
the refuge subject to the following conditions:
    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.

                    Big Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon, beaver 
and opossum is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    1. Fishing is permitted from March 1 through October 31 with the 
following exceptions: Bank fishing is permitted at any time

[[Page 596]]

in the area around Floodway Dam south of the Highway 18 bridge, and 
fishing only from sunrise to sunset from nonmotorized boats and boats 
with electric motors is permitted in the Sand Slough-Mud Slough Area 
from November 1 through the end of February.
    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.

                  Cache River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, snow geese, 
coots, woodcock, snipe, and mourning doves is permitted on designated 
areas of the refuge subject to the following condition: Permits are 
required.
    B. Upland Game Hunting. Hunting of quail, rabbit, squirrel, raccoon, 
opossum and beaver is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Cossatot National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese, 
coots, woodcock, snipe, and mourning doves on designated areas of the 
refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    B. Upland Game Hunting. Hunters may hunt quail, rabbit, squirrel, 
raccoon, opossum and beaver on designated areas of the refuge subject to 
the following condition:
    1. Hunters must possess a refuge permit.
    C. Big Game Hunting. Hunters may hunt white-tail deer and turkey on 
designated areas of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishermen may fish, take frogs, turtles and 
crawfish on designated areas of the refuge subject to the following 
conditions:
    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.

                   Felsenthal National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, coots and 
woodcock is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, squirrel, rabbit, raccoon, 
opossum, beaver, nutria, and coyote is permitted on designated areas of 
the refuge subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer, turkey, and feral 
hogs is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    D. Sport Fishing. Fishing, frogging and the taking of turtles and 
crawfish are permitted on designated areas of the refuge subject to the 
following conditions:
    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.

                   Holla Bend National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of raccoon, opossum, squirrel, 
rabbit, beaver and coyote is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing, boating and frogging are permitted 
subject to the following conditions:
    1. Fishing and boating in all waters from March 1 through October 31 
only from \1/2\ hour before sunrise to \1/2\ hour after sunset.
    2. Frogging from April 15 through October 31 only on that part of 
the old river channel that connects to the Arkansas River channel.

[[Page 597]]

    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.

                    Overflow National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, coots and 
woodcock is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, squirrel, rabbit, raccoon, 
opossum, beaver, nutria, and coyote is permitted on designated areas of 
the refuge subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer, turkey, and feral 
hogs is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    D. Sport Fishing. [Reserved]

                   Wapanocca National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrel, rabbit, beaver, raccoon 
and opossum is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  White River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, beaver, coyote, 
raccoon and opossum is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 59 
FR 6689, Feb. 11, 1994; 59 FR 55184, Nov. 3, 1994; 60 FR 62040, Dec. 4, 
1995; 61 FR 45366, Aug. 29, 1996; 61 FR 46393, Sept. 3, 1996; 62 FR 
47376, Sept. 9, 1997]



Sec. 32.24  California.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                     Cibola National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                   Clear Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens, and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    1. Air-thrust and inboard waterthrust boats are not permitted.
    2. Snipe hunters shall possess and use, while in the field, only 
nontoxic shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of pronghorn antelope is permitted on 
the controlled ``U'' Unit of the refuge subject to the following 
conditions:
    1. Hunters may hunt only in the unit for nine (9) consecutive days 
beginning on the first Saturday following the third Wednesday in August.

[[Page 598]]

    2. Access to the unit is permitted only through the gate located on 
Clear Lake Road.
    D. Sport Fishing. [Reserved]

                     Colusa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Delevan National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted only in the 
free roam areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted during daylight hours only 
from February 15 through October 1.

                     Havasu National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                  Humboldt Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
common moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Imperial National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                      Kern National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and moorhens is permitted on designated areas of the refuge subject to 
the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                 Lower Klamath National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:

[[Page 599]]

    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Merced National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and moorhens is permitted on designated areas of the refuge subject to 
the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Modoc National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following condition: 
Hunting is by permit only and is limited to junior hunters possessing a 
valid Junior Hunting license. Hunters shall possess and use, while in 
the field, only nontoxic shot.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted only on Dorris Reservoir 
subject to the following conditions:
    1. Fishing is not permitted during the migratory waterfowl hunting 
season.
    2. Fishing is permitted during daylight hours only.

                   Sacramento National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.

[[Page 600]]

    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                 Salinas River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
and moorhens is permitted on designated areas of the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Salton Sea National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
and moorhens is permitted on designated areas of the refuge subject to 
the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted only on designated areas of 
the refuge inundated by the Salton Sea subject to the following 
conditions:
    1. Fishing is permitted from April 1 through September 30.
    2. Only boat fishing is permitted.

               San Francisco Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    San Luis National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasants is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]

[[Page 601]]

    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted only from \1/2\ hour before sunrise to \1/2\ 
hour after sunset.
    2. Only the use of pole and line or rod and reel is permitted.

                 San Pablo Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, geese and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasants is permitted on 
designated areas of the refuge.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Sutter National Wildlife Refuge

    A. Hunting of Migratory Game BirdsSec. . Hunting of geese, ducks, 
coots, moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Tule Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29073, May 18, 1993; 58 
FR 29084, May 18, 1993; 59 FR 6689, Feb. 11, 1994; 59 FR 55184, Nov. 3, 
1994; 60 FR 5067, Jan. 25, 1995; 60 FR 62041, Dec. 4, 1995; 61 FR 46393, 
Sept. 3, 1996; 62 FR 47376, Sept. 9, 1997; 63 FR 46915, Sept. 3, 1998]



Sec. 32.25  Colorado.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Alamosa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
snipe and mourning doves is permitted on designated areas of the refuge 
subject to the following condition: Snipe and dove hunting are permitted 
only during the waterfowl hunting season.
    B. Upland Game Hunting. Hunting of pheasant, cottontail rabbit, 
black-tailed and white-tailed jackrabbit is permitted on designated 
areas of the refuge subject to the following conditions: Hunting is 
permitted only when the respective State season coincides with the 
refuge waterfowl hunting season.

[[Page 602]]

    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Arapaho National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is allowed on designated areas of the refuge pursuant to State law.
    B. Upland Game Hunting. Upland game hunting is allowed on designated 
areas of the refuge pursuant to State law and subject, also, to the 
following condition: 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).
    C. Big Game Hunting. Hunting of pronghorn antelope is permitted on 
designated areas of the refuge.
    D. Sport Fishing. Anglers may fish in designated areas of the refuge 
subject to the following conditions:
    1. Anglers may not fish between June 1 and July 31 each year.
    2. Anglers may fish only during daylight hours.

                  Browns Park National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks, 
coots, and mourning doves only in designated areas of the refuge.
    B. Upland Game Hunting. Hunters may hunt cottontail rabbits only in 
designated areas of the refuge.
    C. Big Game Hunting. Hunters may hunt mule deer and elk only in 
designated areas of the refuge.
    D. Sport Fishing. Anglers may fish only in designated areas of the 
refuge.

                  Monte Vista National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
snipe and mourning doves is permitted on designated areas of the refuge 
subject to the following condition: Snipe and dove hunting are permitted 
only during the waterfowl hunting season.
    B. Upland Game Hunting. Hunting of pheasant, cottontail rabbit, 
black-tailed and white-tailed jackrabbit is permitted on designated 
areas of the refuge subject to the following condition: Hunting is 
permitted only when the respective State season coincides with the 
refuge waterfowl hunting season.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                         Rocky Mountain Arsenal

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish only in designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6685, Feb. 11, 1994; 60 
FR 62041, Dec. 4, 1995; 62 FR 47376, Sept. 9, 1997]



Sec. 32.26  Connecticut. [Reserved]



Sec. 32.27  Delaware.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Bombay Hook National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following conditions:
    1. Hunting is permitted only on the South Upland Hunting Area.
    2. Hunting is permitted from \1/2\ hour before sunrise to \1/2\ hour 
after sunset.
    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).
    C. Big Game Hunting. Hunting of deer and turkey is permitted on 
designated areas of

[[Page 603]]

the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Prime Hook National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunting of rabbit, squirrel, quail, and 
pheasant is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Hunting is permitted only on the North Hunting Area.
    2. Hunting is permitted from \1/2\ hour before sunrise to \1/2\ hour 
after sunset.
    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).
    C. Big Game Hunting. Hunting of deer and turkey is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29074, May 18, 1993; 60 
FR 62041, Dec. 4, 1995]



Sec. 32.28  Florida.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

         Arthur R. Marshall Loxahatchee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[[Page 604]]

    4. The possession or use of trotlines, gigs, jugs, seines, castnets 
or other fishing devices not described above is not permitted.

                   Cedar Keys National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in salt water year round in 
accordance with State regulations subject to the following condition:
    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.

                 Chassahowitzka National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, squirrel, rabbit and 
armadillo is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is permitted year-
round, except in a designated sanctuary that is closed to all public 
entry from October 15 to February 15.

                   Egmont Key National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted only from sunrise to sunset.
    2. Fishing is permitted year-round, from refuge beaches only.

                   Hobe Sound National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is permitted year-
round only from sunrise to sunset.

             J. N. ``Ding'' Darling National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish and crab on designated areas of 
the refuge subject to the following conditions:
    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.

                 Lake Woodruff National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                 Lower Suwannee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    C. Big Game Hunting. Hunting of big game is permitted on designated 
areas of the refuge subject to the following condition: Permits are 
required.
    D. Sport Fishing. Anglers may fish in accordance with State 
regulations subject to the following conditions:

[[Page 605]]

    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.

                 Merritt Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks and coots 
in designated areas of the refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishermen may fish, crab, clam, oyster and shrimp 
in designated areas of the refuge subject to the following conditions:
    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.

                 Pelican Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted year-round.
    2. Bank fishing from spoil islands is permitted, during daylight 
hours only.

[[Page 606]]

                    Pinellas National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is only permitted 
from boats, into the waters surrounding Tarpon Key.

                   St. Marks National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks and coots 
in designated areas of the refuge subject to the following condition: 
Permits required.
    B. Upland Game Hunting. Hunters may hunt squirrel, rabbit, and 
raccoon on designated areas of the refuge subject to the following 
condition: Permits required.
    C. Big Game Hunting. Hunting of white-tailed deer, turkeys and feral 
hogs is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    D. Sport Fishing. Anglers may fish and crab on designated areas of 
the refuge subject to the following conditions:
    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.

                  St. Vincent National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of raccoon is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer, sambar deer, and 
feral hogs is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

              Ten Thousand Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks and coots 
in designated areas of the refuge subject to the following condition: 
Permits required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish only in designated portions of 
the refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6690, Feb. 11, 1994; 59 
FR 55185, Nov. 3, 1994; 61 FR 46394, Sept. 3, 1996; 62 FR 47376, Sept. 
9, 1997; 63 FR 46915, Sept. 3, 1998]



Sec. 32.29  Georgia.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Banks Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:

[[Page 607]]

    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.

               Blackbeard Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Eufaula National Wildlife Refuge

    Refer to Sec. 32.20 Alabama for regulations.

                  Harris Neck National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   Okefenokee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Piedmont National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of quail, squirrel and rabbit is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Permits are required.
    2. Hunting is not permitted during refuge deer hunts.
    C. Big Game Hunting. Hunters may hunt white-tailed deer and turkey 
on designated areas of the refuge subject to the following condition: 
Permits required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Savannah National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrels and feral hogs is 
permitted on designated areas of the refuge subject to the following 
conditions: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on refuge on designated areas 
of the refuge subject to the following conditions:

[[Page 608]]

    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.

                     Wassaw National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted year-round except during refuge hunts.
    2. Bank fishing into estuarine waters is permitted only from sunrise 
to sunset.

                  Wolf Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in designated areas of the refuge 
subject to the following condition:
    1. Anglers may fish year round.
    2. Fishing from boats is only permitted on Beacon and Wolf Creeks.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6691, Feb. 11, 1994; 59 
FR 55185, Nov. 3, 1994; 62 FR 47377, Sept. 9, 1997; 63 FR 46915, Sept. 
3, 1998]



Sec. 32.30  Hawaii.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                 Hakalau Forest National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt feral pigs and feral cattle on 
designated areas of the refuge subject to the following condition:
    1. Hunters must have reservations or permits to access the refuge 
from Keanakolu Road.
    D. Sport Fishing. [Reserved]

                    Hanalei National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge.

                    Kakahaia National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6691, Feb. 11, 1994; 62 
FR 47377, Sept. 9, 1997]



Sec. 32.31  Idaho.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Bear Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    1. Air-thrust boats are not permitted.
    2. Snipe hunters shall possess and use, while in the field, only 
nontoxic shot.
    B. Upland Game Hunting. Hunting of partridge, grouse and cottontail 
rabbits, including pygmy rabbits, is permitted on designated areas of 
the refuge.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Boats are not permitted in 
fishing areas.

                     Camas National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and snipe is permitted on designated areas of the refuge subject to the 
following condition: Snipe hunters shall possess and use, while in the 
field, only nontoxic shot.
    B. Upland Game Hunting. Hunting of pheasant and grouse is permitted 
on designated areas of the refuge subject to the following condition: 
Pheasant hunters shall possess and use, while in the field, only 
nontoxic shot.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Deer Flat National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
common snipe and doves is permitted on designated areas of the refuge 
subject to the following conditions:

[[Page 609]]

    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.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following condition: Hunting is 
permitted only on the Snake River Sector.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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 \1/2\ hour before sunrise 
to \1/2\ hour after sunset from October 1 through April 14, within the 
area bounded by the water's edge extending to a point 200 yards lakeward 
in front of the lower dam fishing area A, and in front of the upper dam, 
fishing area B.
    3. Motorized and nonmotorized boats are permitted from \1/2\ hour 
before sunrise to \1/2\ hour after sunset from April 15 through 
September 30.
    4. Shoreline fishing is not permitted on the islands of the Snake 
River Sector from February 1 through May 31.

                   Grays Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following condition: Motorized boats are not permitted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Kootenai National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. Hunting of ruffed, spruce and blue grouse is 
permitted subject to the following condition: Hunting is permitted only 
on that portion of the refuge west of the West Side Road.
    C. Big Game Hunting. Hunting of deer, elk, black bear, moose and 
mountain lion is permitted on designated areas of the refuge subject to 
the following condition: Hunting is permitted only on that portion of 
the refuge that lies west of the West Side Road.
    D. Sport Fishing. Fishing is permitted only on Myrtle Creek subject 
to the following condition: Only bank fishing is permitted. Fishing from 
boats, float tubes, or other personal flotation devices is prohibited.

                    Minidoka National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of pheasant, partridge and 
cottontail rabbits, including pygmy rabbit, is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Hunting is permitted only during the waterfowl season.
    2. Pheasant hunters shall possess and use, while in the field, only 
nontoxic shot.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6691, Feb. 11, 1994; 60 
FR 62041, Dec. 4, 1995]



Sec. 32.32  Illinois.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Chautauqua National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.

[[Page 610]]

    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  Crab Orchard National Wildlife Refuge

    A. Hunting of Migratory Birds. Hunters may hunt waterfowl on 
designated areas of the refuge in accordance with posted regulations and 
subject to the following conditions.
    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.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge in accordance with posted regulations and subject to 
the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge in accordance with posted regulations and 
subject to the following conditions:
    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.
    D. Sport Fishing. Anglers may fish on designated areas of the refuge 
in accordance with posted regulations and subject to the following 
conditions:
    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.

[[Page 611]]

    8. Fishermen may use all non-commercial fishing methods except those 
requiring underwater breathing apparatus.

                 Cypress Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt bob-white quail, rabbit, 
squirrel, raccoon, opossum, coyote, red fox, grey fox and turkey 
(spring) on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                    Emiquon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to posted conditions.
    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.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted conditions.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to posted conditions.
    1. Hunters must remove hunting stands at the end of each day's hunt.
    D. Sport Fishing. Fishermen may sport fish in designated waters of 
the refuge subject to the following conditions:
    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.

                   Mark Twain National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to posted regulations.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted regulations.
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to posted regulations.
    D. Sport Fishing. Fishermen may fish on designated areas of the 
refuge subject to posted regulations.

                   Meredosia National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
Meredosia National Wildlife Refuge subject to the following conditions:
    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.

[[Page 612]]

    3. Private boats may not be left in refuge waters overnight.
    4. Motorboats must not exceed ``slow speed/minimum wake.''

        Upper Mississippi River National Wildlife and Fish Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions: Fishing on the Spring Lake 
Closed Area, Carroll County, Illinois, is not permitted from October 1 
through the last day of the Illinois waterfowl season. Only hand powered 
boats or boats with electric motors are permitted on Mertes' Slough in 
Buffalo County, Wisconsin.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29074, May 18, 1993; 59 
FR 6685, 6692, Feb. 11, 1994; 59 FR 55185, Nov. 3, 1994; 60 FR 62041, 
Dec. 4, 1995; 61 FR 45366, Aug. 29, 1996; 61 FR 46394, Sept. 3, 1996; 62 
FR 47378, Sept. 9, 1997; 63 FR 46916, Sept. 3, 1998]



Sec. 32.33  Indiana.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Muscatatuck National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of quail and rabbit is permitted on 
designated areas of the refuge subject to the following condition:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[[Page 613]]

    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.

        Patoka River National Wildlife Refuge and Management Area

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to posted regulations.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to posted regulations.
    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge subject to posted regulations.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29074, May 18, 1993; 59 
FR 55186, Nov. 3, 1994; 61 FR 45366, Aug. 29, 1996]



Sec. 32.34  Iowa.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    De Soto National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted only as posted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted in DeSoto Lake subject to the 
following conditions:
    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.

                 Driftless Area National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following condition: 
Hunting is permitted only between November 1 and the close of State 
established seasons, or January 15, whichever comes first.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge.

                   Mark Twain National Wildlife Refuge

    Refer to Sec. 32.32 Illinois for regulations.

                  Union Slough National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: State regulations regarding the use of decoys, and governing 
the construction and use of blinds on game management areas, shall 
apply.
    B. Upland Game Hunting. Hunters may hunt upland game in designated 
areas of the refuge subject to the following condition: Hunters may only 
use or possessed nontoxic shot while hunting upland game, except wild 
turkeys. Hunters may possess and use lead shot for wild turkey hunting.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.

[[Page 614]]

    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted from March 1 through November 15.
    2. The use of boats, canoes or other floating devices is not 
permitted.

        Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec. 32.32 Illinois for regulations.

                  Walnut Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt ringnecked pheasants, 
bobwhite quail, cottontail rabbits, and squirrels on designated areas of 
the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: All 
hunting stands must be removed from the refuge at the end of each day's 
hunt.
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29084, May 18, 1993; 59 
FR 6685, 6692, Feb. 11, 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 62042, 
Dec. 4, 1995; 61 FR 46395, Sept. 3, 1996; 63 FR 46916, Sept. 3, 1998]



Sec. 32.35  Kansas.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Flint Hills National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
mourning doves and snipe is permitted on designated areas of the refuge 
subject to the following condition: Waterfowl and coot hunters shall 
possess and use, while in the field, only non-toxic shot.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following conditions:
    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).
    C. Big Game Hunting. Hunting of big game is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Only shotguns, muzzleloading firearms, or bow and arrow are 
permitted except during controlled hunts.
    D. Sport Fishing. Anglers may sportfish on designated portions of 
the refuge subject to State regulations and any refuge specific 
regulations as listed in the refuge brochure.

                     Kirwin National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
mourning doves and snipe is permitted on designated areas of the refuge 
subject to the following condition: Waterfowl and coot hunters shall 
possess and use, while in the field, only non-toxic shot.
    B. Upland Game Hunting. Hunting of pheasant, quail, prairie chicken, 
squirrel and rabbit is permitted on designated areas of the refuge 
subject to the following condition: Hunting of rabbits and squirrels is 
permitted only during that portion of the State ``small game season'' 
that occurs during the State ``upland game season.''
    C. Big Game Hunting. Hunting of deer and turkey is permitted on 
designated areas of the refuge subject to the following condition: Only 
archery hunting of deer is permitted.
    D. Sport Fishing. Anglers may sportfish on designated areas of the 
refuge subject to the following conditions:
    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.

               Marais des Cygnes National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge consistent with State regulations, and subject to 
refuge-specific regulations as posted.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge consistent with State regulations, and subject to refuge-
specific regulations as posted.
    D. Sport Fishing. Anglers may sportfish in accordance with State law 
and refuge-specific restrictions as posted.

                    Quivira National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
rails (Virginia and Sora only), mourning doves, and common snipe is 
permitted on designated areas of the refuge subject to the following 
condition: Nontoxic shot is required when hunting any

[[Page 615]]

game on the refuge. The possession of lead shot in the field is 
prohibited.
    B. Upland Game Hunting. Hunting of pheasant, bobwhite quail, 
squirrel, and rabbit is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may sportfish on designated portions of 
the refuge subject to State regulations and any refuge specific 
regulations as listed in the refuge brochure.

[58 FR 5064, Jan. 19, 1993, as amended at 60 FR 62042, Dec. 4, 1995; 62 
FR 47378, Sept. 9, 1997; 63 FR 46916, Sept. 3, 1998]



Sec. 32.36  Kentucky.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

               Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt rabbit and squirrel on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Sport fishing is permitted on designated areas of 
the refuge under Kentucky's State fishing regulations and guidelines, 
unless otherwise posted on the refuge.

                    Reelfoot National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrels and raccoons is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 60 FR 62042, Dec. 4, 1995; 61 
FR 31461, June 20, 1996; 61 FR 46395, Sept. 3, 1996; 63 FR 46916, Sept. 
3, 1998]



Sec. 32.37  Louisiana.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Atchafalaya National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
snipe and woodcock is permitted on designated areas of the refuge 
subject to the following condition: Hunting shall be in accordance with 
Sherburne Wildlife Management Area regulations.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon, 
opossum, nutria, muskrat, mink, fox, bobcat, beaver and otter is 
permitted on designated areas of the refuge subject to the following 
condition: Hunting shall be in accordance with Sherburne Wildlife 
Management Area regulations.
    C. Big Game Hunting. Hunting of deer and turkey is permitted on 
designated areas of the refuge subject to the following condition: 
Hunting shall be in accordance with Sherburne Wildlife Management Area 
regulations.
    D. Sport Fishing. [Reserved]

[[Page 616]]

                 Bayou Cocodrie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt woodcock and 
snipe on designated areas of the refuge subject to the following 
condition: Hunters must possess a refuge permit.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon, 
opossum and coyote is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions: 
Permits are required.
    D. Sport Fishing. [Reserved]

                 Bayou Sauvage National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Finfishing and shellfishing are permitted on 
designated areas of the refuge subject to the following conditions:
    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.

                Big Branch Marsh National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, coots, 
and snow geese on designated areas of the refuge subject to the 
following conditions:
    1. Hunters must possess a refuge permit.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge subject to the following conditions:
    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.

                Black Bayou Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish on designated areas of the refuge 
subject to the following conditions:
    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.

                  Bogue Chitto National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, geese, coots, 
and woodcock is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon and 
opossum is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer, turkey and feral 
hogs is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted year-round.
    2. Camping is permitted in designated areas only.
    3. Only cotton limb lines are permitted.

                     Breton National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish and crab on designated areas of 
the refuge subject to the following conditions:
    1. Anglers may fish year-round.

[[Page 617]]

    2. Crabbers must tend crabbing equipment at all times.
    3. Anglers may not use trotlines, slat traps, or nets.

                Cameron Prairie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt waterfowl on 
designated areas of the refuge subject to the following condition: 
Refuge permits required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Anglers may sport fish in Gibbston Unit. Anglers 
may sport fish and castnet in the East Cove Unit subject to the 
following conditions: Any person entering, using or occupying the refuge 
must abide by all terms and conditions set forth in the appropriate 
refuge fishing brochure.

                   Catahoula National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of raccoon, squirrel, rabbit, and 
feral hogs is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
condition: Daily permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   D'Arbonne National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, coots, 
and woodcock on designated areas of the refuge subject to the following 
condition: Permits required.
    B. Upland Game Hunting. Hunters may hunt quail, squirrel, rabbit, 
raccoon and opossum on designated areas of the refuge subject to the 
following condition: Permits required.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following condition: 
Permits required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                     Delta National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    B. Upland Game Hunting. Hunting of rabbit is permitted on designated 
areas of the refuge subject to the following condition: Permits are 
required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following conditions:
    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.

                   Grand Cote National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishermen may fish and take crawfish in designated 
waters of the refuge subject to the following conditions.
    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.

                   Lacassine National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    1. Permits are required.
    2. Any person entering, using, or occupying the refuge for waterfowl 
hunting must abide

[[Page 618]]

by all the terms and conditions in the refuge hunting brochure.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing and crayfishing are permitted on 
designated areas of the refuge subject to the following condition: Any 
person entering, using, or occupying the refuge for fishing or 
crayfishing must abide by all terms and conditions in the refuge fishing 
brochure.

                  Lake Ophelia National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt duck, coots, 
woodcock, and snipe on designated areas of the refuge subject to the 
following condition: Hunters must possess a refuge daily permit.
    B. Upland Game Hunting. Hunting of squirrel, rabbit and raccoon is 
permitted on designated areas of the refuge subject to the following 
condition: Daily permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions: 
Daily permits are required.
    D. Sport Fishing. Anglers may fish in designated areas of the refuge 
subject to the following condition: Anglers must possess a refuge daily 
permit.

                    Mandalay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved].
    B. Upland Game Hunting. [Reserved].
    C. Big Game Hunting. [Reserved].
    D. Sport Fishing. Fishermen may sport fish subject to the following 
conditions:
    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.

                     Sabine National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing, crabbing, and shrimp cast netting are 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.

                  Tensas River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, coots, 
woodcock and snipe is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit and raccoon is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Sport fishing is permitted on designated areas of 
the refuge subject to the following condition: Permits are required.

                 Upper Ouachita National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, coots, 
and woodcock on designated areas of the refuge subject to the following 
condition: Permits required.
    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.
    B. Upland Game Hunting. Hunters may hunt quail, squirrel, rabbit, 
raccoon and opossum on designated areas of the refuge subject to the 
following condition: Permits required.
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the

[[Page 619]]

refuge subject to the following condition: Permits required.
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29074, May 18, 1993; 59 
FR 6692, Feb. 11, 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 5277, Jan. 26, 
1995; 60 FR 62042, Dec. 4, 1995; 61 FR 45367, Aug. 29, 1996; 61 FR 
46395, Sept. 3, 1996; 62 FR 47378, Sept. 9, 1997; 63 FR 46916, Sept. 3, 
1998]



Sec. 32.38  Maine.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Moosehorn National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. The use of nonmotorized boats only is permitted on Bearce, Conic, 
and Cranberry Lakes.
    2. Fishing is permitted during daylight hours only.

                 Rachel Carson National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese, 
coots, woodcock and snipe on designated areas of the refuge subject to 
the following conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt pheasants on designated 
areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following conditions:
    1. Hunters must possess a refuge permit.
    2. Designated youth hunting areas are open 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.
    D. Sport Fishing. [Reserved]

                Sunkhaze Meadows National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge pursuant to State law.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following condition: 
Shotgun hunters will and possess and use, while in the field, only 
nontoxic shot (nontoxic shot regulation to be effective starting with 
the 1996-97 hunting season).
    C. Big Game Hunting. Hunting of deer, moose, or bear is permitted on 
designated areas of the refuge subject to the following condition:
    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.
    D. Sport Fishing. Anglers may fish in the waters of and from the 
banks of Sunkhaze Stream, Birch Stream, and Little Birch Stream, in 
accordance with state regulations.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29075, May 18, 1993; 60 
FR 62043, Dec. 4, 1995; 61 FR 46396, Sept. 3, 1996; 63 FR 46917, Sept. 
3, 1998]



Sec. 32.39  Maryland.

    The following refuge units have been opened for hunting and/or 
fishing, and

[[Page 620]]

are listed in alphabetical order with applicable refuge-specific 
regulations.

                   Blackwater National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following conditions:
    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.

                  Eastern Neck National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt deer and turkey on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Anglers may saltwater fish from the Eastern Neck 
Island bridge in accordance with state regulations.

                        Patuxent Research Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to the following conditions:
    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).
    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following conditions:
    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.

[[Page 621]]

    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge at designated times subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29075, May 18, 1993; 59 
FR 6685, 6693, Feb. 11, 1994; 60 FR 62043, Dec. 4, 1995; 61 FR 46396, 
Sept. 3, 1996; 63 FR 46917, Sept. 3, 1998]



Sec. 32.40  Massachusetts.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                 Great Meadows National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted in designated areas of the 
refuge subject to the following condition:
    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.

                    Monomoy National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted in designated areas of the 
refuge subject to the following condition: Anglers must be actively 
fishing between sunset and sunrise.

                   Nantucket National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted on the ocean beach only.
    2. A permit is required for the use of over-the-sand surf fishing 
vehicles.

                     Oxbow National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of woodcock and snipe is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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]
    B. Upland Game Hunting. Hunting of upland game birds and small game 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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).
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish along the banks of the Nashua 
River in accordance with state regulations.

                  Parker River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl and coots 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following conditions:

[[Page 622]]

    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Saltwater fishing is permitted on designated areas 
of the refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29075, May 18, 1993; 59 
FR 6693, Feb. 11, 1994; 59 FR 55186, Nov. 3, 1994; 60 FR 62043, Dec. 4, 
1995; 61 FR 46396, Sept. 3, 1996; 63 FR 46917, Sept. 3, 1998]



Sec. 32.41  Michigan.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                 Harbor Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and black bear is 
permitted on designated areas of the refuge.
    D. Sport Fishing. [Reserved]

               Kirtland's Warbler Wildlife Management Area

    A. Hunting of Migratory Game Birds. Hunting is pursuant to State 
regulation.
    B. Upland Game Hunting. Hunting is pursuant to State regulation.
    C. Big Game Hunting. Hunting is pursuant to State regulation.
    D. Sport Fishing. [reserved.]

                     Seney National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of woodcock and snipe is 
permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of grouse and snow-shoe hare is 
permitted on designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer and bear is permitted on 
designated areas areas of the refuge subject to the following condition: 
The use of dogs while bear hunting is not permitted.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   Shiawassee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is only permitted 
from boats; no bank fishing is allowed.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6693, Feb. 11, 1994; 59 
FR 55186, Nov. 3, 1994]



Sec. 32.42  Minnesota.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Agassiz National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and moose is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. [Reserved]

[[Page 623]]

                   Big Stone National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of partridge, pheasant, gray and fox 
squirrel, cottontail rabbit, jackrabbit, and red and gray fox is 
permitted on designated areas of the refuge.
    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).
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                Fergus Falls Wetland Management District

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted throughout the district except that no hunting is permitted 
on the Townsend, Headquarters, or Mavis Waterfowl Production Areas in 
Otter Tail County.
    B. Upland Game Hunting. Upland game hunting is permitted throughout 
the district except that no hunting is permitted on the Townsend, 
Headquarters, or Mavis Waterfowl Production Areas in Otter Tail County.
    C. Big Game Hunting. Big game hunting is permitted throughout the 
district except that no hunting is permitted on the Townsend, 
headquarters, or Mavis Waterfowl Production Areas in Otter Tail County.
    D. Sport Fishing. Sport fishing is permitted throughout the district 
except that no fishing is permitted on the Townsend, Headquarters, or 
Mavis Waterfowl Production Areas in Otter Tail County.

                Minnesota Valley National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks, 
and coots on designated areas of the refuge. Permits are required for 
special hunts.
    B. Upland Game Hunting. Hunters may hunt upland game, except for 
furbearers and crows, on designated areas of the refuge consistent with 
State regulations, subject to the following conditions:
    1. Hunters may only use shotguns and bows and arrows in designated 
areas.
    2. Hunters may only use or possess non-toxic shot.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   Morris Wetland Management District

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted throughout the district subject to the following condition:
    1. Hunters may not hunt on designated portions of the Edwards-Long 
Lake Waterfowl Production Area in Stevens County.
    B. Upland Game Hunting. Upland game hunting is permitted throughout 
the district subject to the following condition:
    1. Hunters may not hunt on designated portions of the Edwards-Long 
Lake Waterfowl Production Area in Stevens County.
    C. Big Game Hunting. Big game hunting is permitted throughout the 
district subject to the following condition:
    1. Hunters may not hunt on designated portions of the Edwards-Long 
Lake Waterfowl Production Area in Stevens County.
    D. Sport Fishing. Sport fishing is permitted throughout the district 
subject to the following condition:
    1. Anglers may not fish on designated portions of the Edwards-Long 
Lake Waterfowl Production Area in Stevens County.

                   Rice Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of woodcock and common 
snipe is permitted on designated areas of the refuge.
    1. Shotgun hunters may only use or possess nontoxic shot while 
hunting migratory game birds.
    B. Upland Game Hunting. Hunters may hunt ruffed grouse, spruce 
grouse, grey and fox

[[Page 624]]

squirrels, cottontail rabbit and snowshoe hare on designated areas of 
the refuge.
    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).
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                     Rydell National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved.]
    B. Upland Game Hunting. [Reserved.]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved.]

                   Sherburne National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
rails, woodcock, and snipe is permitted on designated areas of the 
refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of ruffed grouse, ring-necked 
pheasant, gray and fox squirrel, snowshoe hare, cottontail rabbit and 
jackrabbit is permitted on designated areas of the refuge.
    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).
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Tamarac National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
woodcock and snipe is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt ruffed grouse, red, gray 
and fox squirrel, cottontail rabbit, jackrabbit, snowshoe hare, red fox, 
raccoon, and striped skunk on designated areas of the refuge subject to 
the following conditions:
    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

[[Page 625]]

other small game species. Dogs may not be used for fox or raccoon 
hunting.
    3. Shotgun hunters may only use and possess nontoxic shot while 
hunting for all upland game species.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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 #26 and #126 during State 
seasons.
    4. Fishing is permitted in Pine Lake from December 1 until March 31.

        Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec. 32.32 Illinois for regulations.

                   Windom Wetland Management District

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds throughout the district except that hunters may not hunt on the 
Worthington Waterfowl Production Area in Nobles County.
    B. Upland Game Hunting. Hunters may hunt upland game throughout the 
district except that hunters may not hunt on the Worthington Waterfowl 
Production Area in Nobles County.
    C. Big Game Hunting. Hunters may hunt big game throughout the 
district except that hunters may not hunt on the Worthington Waterfowl 
Production Area in Nobles County.
    D. Sport Fishing. Fishermen may fish throughout the district.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29075, May 18, 1993; 58 
FR 29085, May 18, 1993; 59 FR 6693, Feb. 11, 1994; 59 FR 55186, 55196, 
Nov. 3, 1994; 60 FR 62043, Dec. 4, 1995; 61 FR 46396, Sept. 3, 1996; 62 
FR 47379, Sept. 9, 1997; 63 FR 46917, Sept. 3, 1998]



Sec. 32.43  Mississippi.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Bogue Chitto National Wildlife Refuge

    Refer to Sec. 32.37 Louisiana for regulations.

                    Dahomey National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory 
waterfowl and coots on designated areas of the refuge subject to the 
following condition: Refuge permits required.
    B. Upland Game Hunting. Hunters may hunt squirrel, rabbit, beaver 
and raccoon on designated areas of the refuge subject to the following 
condition: Refuge permits required.
    C. Big Game Hunting. Hunters may hunt deer and turkey on designated 
areas of the refuge subject to the following condition: Refuge permits 
required.
    D. Sport Fishing. Fishermen may fish on designated areas of the 
refuge subject to the following condition:
    1. Fishermen must possess a refuge permit.

                    Hillside National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves, 
ducks, coots, snipe and woodcock is permitted on designated areas of the 
refuge subject to the following condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, rabbit, squirrel, beaver, 
raccoon, and opossum is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Anglers may fish and frog in designated portions 
of the refuge subject to the following condition: Fishermen must possess 
a refuge public use permit.

                 Mathews Brake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, coots, snipe, 
and woodcock is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, rabbit, squirrel, beaver, 
raccoon, and opossum is permitted on designated areas of the refuge 
subject to the following conditions: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Anglers may fish and frog in designated areas of 
the refuge subject to

[[Page 626]]

the following condition: Fishermen must possess a refuge public use 
permit.

                  Morgan Brake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, coots, snipe, 
and woodcock is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, rabbit, squirrel, beaver, 
raccoon, and opossum is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Anglers may fish and frog in designated portions 
of the refuge subject to the following condition: Fishermen must possess 
a refuge public use permit.

                    Noxubee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt waterfowl, 
coots, and woodcock on designated areas of the refuge subject to the 
following condition: Permits required.
    B. Upland Game Hunting. Hunters may hunt quail, squirrel, rabbit, 
beaver, raccoon and opossum on designated areas of the refuge subject to 
the following condition: Permits required.
    C. Big Game Hunting. Hunters may hunt white-tailed deer and turkey 
on designated areas of the refuge subject to the following condition: 
Permits required.
    D. Sport Fishing. Anglers may fish on designated areas of the refuge 
subject to the following condition: Permits required.

                 Panther Swamp National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, coots, snipe, 
and woodcock is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, rabbit, squirrel, beaver, 
raccoon, and opossum is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Anglers may fish and frog in designated areas of 
the refuge subject to the following condition: Fishermen must possess a 
refuge public use permit.

              St. Catherine Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, and 
coots in Gilliard Lake only subject to the following conditions:
    1. Refuge permits required.
    2. Hunters may hunt only on Tuesdays, Thursdays, and Saturdays from 
\1/2\ hour before sunrise until 12:00 noon during the State season.
    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.
    B. Upland Game Hunting. Hunters may hunt rabbit, squirrel, and 
raccoon on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunters may hunt deer and turkey on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Sport fishing is permitted on designated areas of 
the refuge subject to the following conditions:
    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.

[[Page 627]]

    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.

                  Tallahatchie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt mourning doves, 
migratory waterfowl, coots, snipe and woodcock on designated areas of 
the refuge subject to the following condition: Permits required.
    B. Upland Game Hunting. Hunters may hunt quail, squirrel, rabbit, 
beaver, raccoon and opossum on designated areas of the refuge subject to 
the following condition: Permits required.
    C. Big Game Hunting. Hunters may hunt deer and turkey on designated 
areas of the refuge subject to the following condition: Permits 
required.
    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge subject to the following conditions:
    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.

                     Yazoo National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt mourning doves 
and waterfowl on designated areas of the refuge subject to the following 
condition: Permits required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, raccoon, 
opossum, and furbearers is permitted on designated areas of the refuge 
subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29085, May 18, 1993; 59 
FR 6694, Feb. 11, 1994; 59 FR 55187, Nov. 3, 1994; 61 FR 45367, Aug. 29, 
1996; 61 FR 46396, Sept. 3, 1996; 62 FR 47379, Sept. 9, 1997; 63 FR 
46917, Sept. 3, 1998]



Sec. 32.44  Missouri.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Big Muddy National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to posted regulations.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to posted regulations.
    D. Sport Fishing. Fishermen may fish on designated areas of the 
refuge subject to posted regulations.

                   Mark Twain National Wildlife Refuge

    Refer to Sec. 32.32 Illinois for regulations.

                     Mingo National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to posted regulations.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to posted regulations.
    D. Sport Fishing. Fishermen may fish on designated areas of the 
refuge subject to posted regulations.

                  Squaw Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fish, amphibians, reptiles 
and crustaceans may only be taken with hand-held pole and line or rod 
and reel.

                   Swan Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese is permitted on 
designated areas

[[Page 628]]

of the refuge subject to the following conditions:
    1. Permits are required.
    2. Hunters shall possess and use, while in the field, only nontoxic 
shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Permits are required.
    2. Only historic weapon hunting is permitted.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6694, Feb. 11, 1994; 61 
FR 45367, Aug. 29, 1996; 61 FR 46397, Sept. 3, 1996]



Sec. 32.45  Montana.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Benton Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge in accordance with maps and 
brochures available at refuge headquarters and signs posted on the area.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge in accordance with maps and brochures available at 
refuge headquarters and signs posted on the area.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may sport fish on designated areas of the 
refuge as posted by signs.

                  Black Coulee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: Air-thrust boats and boats with motors greater than 10 
horsepower are not permitted.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following condition: 
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).
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing [Reserved]

                    Bowdoin National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl, coots, 
sandhill cranes, and mourning doves is permitted on designated areas of 
the refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant, sharp-tailed grouse, 
sage grouse, gray partridge, fox and coyote is permitted on designated 
areas of the refuge subject to the following conditions:
    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).
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

               Charles M. Russell National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Refuge open to hunting of 
migratory game birds in accordance with State law.
    B. Upland Game Hunting. Hunting of upland game birds, turkey and 
coyote is permitted on designated areas of the refuge subject to the 
following condition:
    1. Coyote hunting allowed from the first day of antelope rifle 
season through March 1 annually.
    C. Big Game Hunting. Hunters may hunt big game subject to refuge 
specific regulations as designated in refuge publications.
    D. Sport fishing. Refuge open to sport fishing in accordance with 
State law, and as specifically designated in refuge publications.

                Creedman Coulee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: Air-thrust boats and boats with motors greater than 10 
horsepower motors are not permitted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Hailstone National Wildlife Refugee

    A. Hunting of Migratory Game Birds. The refuge unit is open to the 
hunting of migratory game birds, but has no refuge-specific regulations 
as it follows guidelines set out in State law.

[[Page 629]]

    B. Upland Game Hunting. Hunters may hunt upland game birds on 
designated areas of the refuge subject to the following conditions:
    1. Hunters shall possess and use, while in the field, only nontoxic 
shot.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                 Halfbreed Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                  Hewitt Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: Air-thrust boats and boats with greater than 10 horsepower 
motors are not permitted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Lake Mason National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: The use of motorized boats is not permitted.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge subject to the following condition: 
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).
    C. Big Game Hunting. Refuge open to big game hunting in accordance 
with State law.
    D. Sport Fishing. [Reserved]

                 Lake Thibadeau National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
condition: Air-thrust boats and boats with greater than 10 horsepower 
motors are not permitted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Lamesteer National Wildlife Refugee

    A. Hunting of Migratory Game Birds. The refuge unit is open to the 
hunting of migratory game birds but has no refuge-specific regulations 
as it follows guidelines set out in State law.
    B. Upland Game Hunting. The refuge unit is open to the hunting of 
upland game but has no refuge-specific regulations as it follows 
guidelines set out in State law.
    C. Big Game Hunting. The refuge unit is open to big game hunting but 
has no refuge-specific regulations as it follows guidelines set out in 
State law.
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law.

                  Lee Metcalf National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and mule deer is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge. All fishing is pursuant to State law.

                 Medicine Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, geese, snipe, 
and doves is permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of pheasant, partridge, and sharp-
tailed grouse is permitted on designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer and antelope is permitted on 
designated areas of the refuge.
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.

                 National Bison National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. The refuge unit is open to sport fishing but has 
no refuge-specific regulations as it follows guidelines set out in State 
law.

                   Nine-Pipe National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]

[[Page 630]]

    D. Sport Fishing. The refuge unit is open to sport fishing but has 
no refuge-specific regulations as it follows guidelines set out in State 
law.

                     Pablo National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. The refuge unit is open to sport fishing but has 
no refuge-specific regulations as it follows guidelines set out in State 
law.

                 Red Rock Lakes National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following condition: Waterfowl and coot hunters shall possess and use, 
while in the field, only non-toxic shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer, elk, moose and pronghorn 
antelope is permitted on designated areas of the refuge.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is permitted from the 
third week of June through the end of the general State season.

                   Swan River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following condition: Waterfowl and coot hunters shall possess and use, 
while in the field, only non-toxic shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Refuge open to sport fishing in accordance with 
State law, and as specifically designated in refuge publications.

                    UL Bend National Wildlife Refuge

    A. Hunting of Migratory Game Birds. The refuge unit is open to the 
hunting of migratory game birds but has no refuge-specific regulations 
as it follows guidelines set out in State law.
    B. Upland Game Hunting. Refuge is open to upland game hunting in 
accordance with State laws, regulations and subject to the following 
condition:
    1. Coyote hunting allowed from the first day of antelope rifle 
season through March 1 annually.
    C. Big Game Hunting. Hunters may hunt big game subject to refuge-
specific regulations as designated in refuge publications.
    D. Sport Fishing. The refuge unit is open to sport fishing but has 
no refuge-specific regulations as it follows guidelines set out in State 
law.

                   War Horse National Wildlife Refuge

    A. Hunting of Migratory Game Birds. The refuge unit is open to the 
hunting of migratory game birds but has no refuge-specific regulations 
as it follows guidelines set out in State law.
    B. Upland Game Hunting. Hunting of upland game birds is permitted on 
designated areas of the refuge subject to the following condition: 
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).
    C. Big Game Hunting. The refuge unit is open to big game hunting but 
has no refuge-specific regulations as it follows guidelines set out in 
State law.
    D. Sport Fishing. Refuge open to sport fishing in accordance with 
State law, and as specifically designated in refuge publications.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29075, May 18, 1993; 59 
FR 6694, Feb. 11, 1994; 60 FR 62044, Dec. 4, 1995; 62 FR 47379, Sept. 9, 
1997; 63 FR 46918, Sept. 3, 1998]



Sec. 32.46  Nebraska.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Boyer Chute National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Designated areas of the refuge are open in 
accordance with State fishing regulations and the special conditions 
that follow:
    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).

                 Crescent Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of ring-necked pheasant and sharp-
tailed grouse is permitted on designated areas of the refuge.
    C. Big Game Hunting. Hunters may hunt white-tailed deer and mule 
deer on designated areas of the refuge pursuant to State law.

[[Page 631]]

    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.

                     DeSoto National Wildlife Refuge

    Refer to Sec. 32.34 Iowa for regulations.

                 Fort Niobrara National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish on designated portions of the 
refuge subject to state regulations and any specific regulations as 
listed in refuge publications.

                  North Platte National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Sport fishing is allowed on designated areas of 
the refuge pursuant to State law.

                   Valentine National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory birds 
on designated areas of the refuge subject to refuge specific 
regulations.
    B. Upland Game Hunting. Hunters may hunt upland game on designated 
areas of the refuge subject to refuge specific regulations.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to refuge specific regulations.
    D. Sport Fishing. Anglers may fish in designated portions of the 
refuge subject to refuge specific regulations.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 55187, Nov. 3, 1994; 60 
FR 62044, Dec. 4, 1995; 61 FR 45367, Aug. 29, 1996; 62 FR 47380, Sept. 
9, 1997; 63 FR 46918, Sept. 3, 1998]



Sec. 32.47  Nevada.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Ash Meadows National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens, snipe, and doves is permitted on designated areas of the 
refuge.
    B. Upland Game Hunting. Hunters may hunt quail, cottontail rabbits, 
and jackrabbits on designated areas of the refuge subject to the 
following conditions:
    1. Hunters may hunt cottontail rabbits and jackrabbits only during 
the State quail hunting season.
    2. Hunters must only use shotguns.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Desert National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of bighorn sheep is permitted on 
designated areas of the range subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Pahranagat National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens, snipe, and mourning doves is permitted on designated areas of 
the refuge subject to the following conditions;
    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.
    B. Upland Game Hunting. Hunting of quail and rabbit is permitted on 
designated areas of the refuge subject to the following condition: 
Hunting of jackrabbit is permitted only during the regular State season 
for cottontail rabbit.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   Ruby Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
moorhens, and snipe is permitted on designated areas of the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted from one hour before sunrise until two hours 
after sunset.

[[Page 632]]

    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.

                    Sheldon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks, 
and coots on designated areas of the refuge in accordance with State law 
and subject to the following conditions:
    1. Waterfowl and coot hunters shall possess and use, while in the 
field, only nontoxic shot.
    2. Hunters may not use motorized boats.
    B. Upland Game Hunting. Hunting of quail, grouse and partridge is 
permitted on designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer, antelope and bighorn sheep is 
permitted on designated areas of the refuge.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                       Stillwater Management Area

    A. Hunting of Migratory Game Birds. Hunting is allowed as per State 
law.
    B. Upland Game Hunting. Hunting is allowed as per State law.
    C. Big Game Hunting. Hunting is allowed as per State law.
    D. Sport Fishing. Sport fishing is allowed as per State law with 
certain restrictions as posted.

                   Stillwater National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting is allowed as per State 
law.
    B. Upland Game Hunting. Hunting is allowed as per State law.
    C. Big Game Hunting. Hunting is allowed as per State law.
    D. Sport Fishing. Sport fishing is allowed as per State law with 
certain restrictions as posted.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6694, Feb. 11, 1994; 60 
FR 62044, Dec. 4, 1995; 61 FR 46397, Sept. 3, 1996; 62 FR 47380, Sept. 
9, 1997; 63 FR 46919, Sept. 3, 1998]



Sec. 32.48  New Hampshire.

                   Great Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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. Sport Fishing. [Reserved]

[61 FR 31463, June 20, 1996]



Sec. 32.49  New Jersey.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Cape May National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl, coots, 
moorhens and rails, common snipe, and woodcock is permitted in 
designated areas of the refuge subject to State of New Jersey 
regulations and the following special refuge conditions:

[[Page 633]]

    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.
    B. Upland Game Hunting. [Reserved.]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
During the firearms big game season, 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.
    D. Sport Fishing. [Reserved.]

               Edwin B. Forsythe National Wildlife Refuge

    A. Hunting of Migratory Game Birds: Hunting of waterfowl, coots, 
moorhens and rails is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  Great Swamp National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved].
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                Supawna Meadows National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese and ducks is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:

[[Page 634]]

    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.
    D. Sport Fishing. [Reserved]

                 Wallkill River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt white-tailed deer and wild 
turkeys on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. Anglers may sportfish on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29075, May 18, 1993; 59 
FR 6686, Feb. 11, 1994; 59 FR 55187, Nov. 3, 1994; 60 FR 52868, Oct. 11, 
1995; 60 FR 62044, Dec. 4, 1995; 61 FR 46397, Sept. 3, 1996; 62 FR 
47380, Sept. 9, 1997; 63 FR 46919, Sept. 3, 1998]



Sec. 32.50  New Mexico.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Bitter Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
mourning doves and sandhill cranes is permitted on designated areas of 
the refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant, quail, cottontail, and 
jack rabbits is permitted on designated areas of the refuge subject to 
the following conditions:
    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.
    C. Big Game Hunting. Hunting of mule deer and white-tailed deer is 
permitted on designated areas of the refuge.
    D. Sport Fishing. [Reserved]

               Bosque del Apache National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning and white-
winged doves is permitted on designated areas of the refuge subject to 
the following condition: Hunters shall possess and use, while in the 
field, only nontoxic shot.
    B. Upland Game Hunting. Hunting of quail and cottontail rabbit is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Only shotguns and bows and arrows are permitted.
    2. Hunters shall possess and use, while in the field, only nontoxic 
shot.
    C. Big Game Hunting. Hunting of mule deer is permitted on designated 
areas of the refuge subject to the following conditions: Permits are 
required for hunting in the Bottomlands Management Hunt Unit.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:

[[Page 635]]

    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.

                   Las Vegas National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves and 
Canada geese is permitted on designated areas of the refuge subject to 
the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Maxwell National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   Sevilleta National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning and white-
winged doves, geese, ducks and coots is permitted on designated areas of 
the refuge subject to the following conditions:
    1. Hunters or dogs may not enter closed areas to retrieve birds.
    2. Permanent blinds are not permitted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6694, Feb. 11, 1994; 60 
FR 62045, Dec. 4, 1995; 61 FR 46397, Sept. 3, 1996]



Sec. 32.51  New York.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Amagansett National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline in accordance with state regulations.

              Elizabeth A. Morton National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted only on the beach and in areas not 
designated as closed.
    2. Fishing is permitted only during daylight hours.

                    Iroquois National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Hunting of Upland Game. Hunting of upland game birds, small game 
mammals, legally hunted furbearers and unprotected wildlife is permitted 
on designated areas of the refuge subject to the following conditions:
    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).

[[Page 636]]

    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following condition:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   Montezuma National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Anglers may access the New York State Barge Canal 
System waters at only three sites on the refuge: the Seneca River 
Fishing Access Site, the May's Point Fishing Area, and the Armitage Road 
Fishing Area. Anglers may either bank fish or boat fish, in accordance 
with state regulations.

                   Oyster Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in refuge-controlled waters of 
Oyster Bay. Anglers may also fish from designated areas on the refuge 
shoreline at Mill Pond during daylight hours. All fishing within the 
refuge is in accordance with state regulations.

                    Seatuck National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in refuge-controlled waters of 
Great South Bay from boats only. All fishing is in accordance with state 
regulations.

                  Target Rock National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in Huntington Bay from the refuge 
shoreline when the refuge is open to visitors. All fishing is in 
accordance with state regulations.

                    Wertheim National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Shore and boat fishing is permitted on that portion of the 
Carmans River between Sunrise and Montauk Highways.

[[Page 637]]

    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29076, May 18, 1993; 59 
FR 6695, Feb. 11, 1994; 60 FR 62045, Dec. 4, 1995; 63 FR 46919, Sept. 3, 
1998]



Sec. 32.52  North Carolina.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                Alligator River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of swans, geese, ducks, 
coots, snipe, mourning doves and woodcock is permitted on designated 
areas of the refuge subject to the following condition: Permits are 
required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, quail, raccoon 
and opossum is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    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.

                  Cedar Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

               Great Dismal Swamp National Wildlife Refuge

    Refer to Sec. 32.66 Virginia for regulations.

                 MacKay Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following condition: Permits are 
required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  Mattamuskeet National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of swans, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following conditions:
    1. Fishing and crabbing are permitted from March 1 through November 
1 from \1/2\ hour before sunrise to \1/2\ hour after sunset or as 
posted.
    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.

[[Page 638]]

                   Pea Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following condition: Fishing and 
crabbing are prohibited in North Pond, South Pond and Newfield 
impoundments.

                    Pee Dee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt mourning doves 
on designated areas of the refuge subject to the following condition:
    1. Hunters must possess a refuge permit.
    B. Upland Game Hunting. Hunters may hunt quail, squirrel, rabbit, 
raccoon and opossum on designated areas of the refuge subject to the 
following condition:
    1. Hunters must possess a refuge permit.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following condition:
    1. Hunters always must possess a refuge permit and a special quota 
permit for gun deer hunts.
    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge subject to the following conditions:
    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.

                 Pocosin Lakes National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, snow geese, 
swans, doves, woodcock, rails and snipe is permitted on designated areas 
of the refuge subject to the following conditions:
    1. Access permitted 1\1/2\ hours before and after legal shooting 
time.
    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.
    B. Upland Game Hunting. Hunting of quail, squirrel, raccoon, 
opossum, rabbit, and fox is permitted on designated areas of the refuge 
subject to the following conditions:
    1. Permits are required for any night hunting.
    2. Access permitted 1\1/2\ hours before and after legal shooting 
time.
    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).
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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\1/2\ hours before and after legal shooting 
time.
    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.
    D. Sport Fishing. Anglers may fish in designated areas of the refuge 
subject to the following conditions:
    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

[[Page 639]]

the end of February. Anglers may fish in all other refuge waters year 
round.
    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.

                 Roanoke River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Permits are required.
    2. Hunters shall possess and use, while in the field, only nontoxic 
shot.
    B. Upland Game Hunting. Hunting of squirrel, raccoon and opossum is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. [Reserved]

                  Swanquarter National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29076, May 18, 1993; 58 
FR 29085, May 18, 1993; 59 FR 6695, Feb. 11, 1994; 59 FR 55187, Nov. 3, 
1994; 60 FR 62045, Dec. 4, 1995; 61 FR 46397, Sept. 3, 1996; 63 FR 
46919, Sept. 3, 1998]



Sec. 32.53  North Dakota.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Arrowwood National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of pheasant, sharp-tailed grouse, 
partridge, rabbit and fox is permitted on designated areas of the refuge 
subject to the following conditions:
    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).
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas subject to the following condition: Permits are required.
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.

                    Audubon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of ring-necked pheasants, gray 
partridge and sharp-tailed grouse is permitted on designated areas of 
the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Anglers may sport fish in accordance with state 
law and refuge restrictions as posted.

                   Chase Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following condition: Archery hunting 
is permitted through the day before the opening of the State waterfowl 
season, and it is permitted following the deer gun season.
    D. Sport Fishing. [Reserved]

[[Page 640]]

                    Des Lacs National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt ringnecked pheasants, 
sharp-tailed grouse, gray partridge, turkey, cottontail rabbit, 
jackrabbits, snowshoe hares and fox on designated areas of the refuge 
subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following condition:
    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.
    D. Sport Fishing. [Reserved]

                J. Clark Salyer National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of pheasant, partridge, grouse, 
turkey and fox is permitted on designated areas of the refuge subject to 
the following conditions:
    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 \1/2\ hour after sunset until \1/2\ 
hour before sunrise.
    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).
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. [Reserved]

                   Lake Alice National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and mourning doves is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of upland game and fox is permitted 
on designated areas of the refuge subject to the following condition: 
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).
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                    Lake Ilo National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved.]
    B. Upland Game Hunting. [Reserved.]
    C. Big Game Hunting. [Reserved.]
    D. Sport Fishing. Designated areas of the refuge are open to sport 
fishing in accordance with State regulations.

                  Lake Nettie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Lake Zahl National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of ring-necked pheasant, sharp-
tailed grouse and gray partridge is permitted on designated areas of 
therefuge subject to the following conditions:
    1. Hunters may only possess and use nontoxic shot.
    2. Hunters may enter the refuge on foot only.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Long Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of ring-necked pheasant, sharp-
tailed grouse and gray partridge is permitted on designated

[[Page 641]]

areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of deer only is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Hunters must enter the refuge on foot only.
    2. Archery hunting is not allowed during the firearm deer season.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Lostwood National Wildlife Refuge

    A. Hunting f Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of partridge and sharp-tailed grouse 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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).
    C. Big Game Hunting. Hunting of deer only is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Rock Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved.]
    B. Upland Game Hunting. [Reserved.]
    C. Big Game Hunting. The refuge is open to the hunting of deer only 
during the State firearms deer season. Archery hunting is open from the 
opening of the firearms season until the close of the State archery 
season. All State regulations pertaining to archery and firearms deer 
hunting apply.
    D. Sport Fishing. [Reserved.]

                  Sibley Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. [Reserved]

                     Slade National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Deer hunting is permitted on designated areas 
of the refuge subject to the following conditions:
    1. Hunters may enter the refuge on foot only.
    2. Archery hunting is not allowed during the firearm deer season.
    D. Sport Fishing. [Reserved]

                    Tewaukon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt ring-necked pheasants on 
designated areas of the refuge subject to the following conditions:
    1. Hunters may only possess and use nontoxic shot.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge.
    D. Sport Fishing. [Reserved]

                  Upper Souris National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of partridge and sharp-tailed grouse 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions: 
Permits are required.

[[Page 642]]

    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29085, May 18, 1993; 59 
FR 6686, Feb. 11, 1994; 59 FR 55187, 55191, Nov. 3, 1994; 60 FR 62045, 
Dec. 4, 1995; 63 FR 46919, Sept. 3, 1998]



Sec. 32.54  Ohio.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Cedar Point National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is allowed from June 1 through August 31 during daylight 
hours only.
    2. Boats or flotation devices are not permitted.

                     Ottawa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese and ducks is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Permits are required.
    2. Hunters shall possess and use, while in the field, only nontoxic 
shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 60 FR 61492, Nov. 30, 1995]



Sec. 32.55  Oklahoma.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Deep Fork National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt rabbits, squirrels and 
raccoons on portions of the refuge in accordance with state hunting 
regulations subject to the following exceptions and conditions:
    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 or smaller, non-toxic shot.
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated portions of Deep Fork NWR subject to the following 
conditions:
    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.
    D. Sport Fishing. Sport fishing for channel catfish, flathead 
catfish, blue catfish, crappie, white bass, large mouth bass and other 
species is permitted on designated areas of the refuge in accordance 
with State regulations and pursuant to the following special refuge 
conditions:
    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.

                  Little River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt waterfowl 
(ducks) on designated areas of the refuge subject to the following 
conditions:
    1. Prohibited off-road vehicle use.
    2. Hunters may not build permanent blinds.

[[Page 643]]

    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.
    B. Upland Game Hunting. Hunters may hunt squirrel, rabbit, turkey 
and raccoon on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following conditions:
    1. Hunters must obtain permits and pay fees.
    2. Prohibited off-road vehicle use.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge.

                     Optima National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves is 
permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunters may hunt pheasants, bobwhite and 
scaled quail, cottontail rabbit and jackrabbit on the refuge in 
accordance with State hunting regulations subject to the following 
conditions:
    1. Only shotguns are permitted.
    2. Closed during the State gun deer season.
    3. Hunting ends at 4:30 p.m. daily.
    C. Big Game Hunting. Hunters may hunt white-tailed deer, mule deer 
and turkey on the refuge in accordance with State hunting regulations 
subject to the following conditions:
    1. Archery and shotguns are permitted during spring turkey season.
    2. Only archery hunting is permitted during fall seasons.
    D. Sport Fishing. [Reserved]

                  Salt Plains National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, geese, 
sandhill cranes and mourning doves is permitted on designated areas of 
the refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of quail and pheasant is permitted 
on designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits and payment of a fee are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Sequoyah National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt waterfowl, 
dove, coots, rail, snipe and woodcock on designated areas of the refuge 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of squirrel, quail, and rabbit is 
permitted on designated areas of the refuge subject to the following 
special conditions:
    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.

[[Page 644]]

    5. Hunters may only hunt with shotguns and bows with arrows 
(excluding broadhead arrows).
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. Hunters must pay fees and obtain a refuge permit.
    2. All hunters must attend a hunter orientation briefing prior to 
each hunt.
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    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.

                   Tishomingo National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves and 
waterfowl is permitted on the Tishomingo Wildlife Management Unit of the 
refuge subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt quail, squirrel, turkey and 
rabbits on the Tishomingo Wildlife Management Unit of the refuge subject 
to the following conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. Fishing with hook and line is permitted on 
designated areas of the refuge subject to the following conditions and 
exceptions:
    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.

                    Washita National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese and sandhill 
cranes is permitted on designated areas of the refuge subject to the 
following condition: Permits and payment of a fee are required.
    B. Upland Game Hunting. Hunters may hunt quail and rabbit on 
designated areas of the refuge in accordance with State hunting 
regulations subject to the following conditions:
    1. Shotguns only are permitted.
    2. Closed during the State gun deer season.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in designated areas of the refuge 
in accordance with State fishing regulations subject to the following 
conditions:
    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.

[[Page 645]]

    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.

               Wichita Mountains National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of elk and white-tailed deer is 
permitted on designated areas of the refuge subject to the following 
condition: Permits and payment of a fee are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6695, Feb. 11, 1994; 59 
FR 55187, Nov. 3, 1994; 60 FR 61213, Nov. 29, 1995; 60 FR 62046, Dec. 4, 
1995; 61 FR 46398, Sept. 3, 1996; 62 FR 47380, Sept. 9, 1997; 63 FR 
46920, Sept. 3, 1998]



Sec. 32.56  Oregon.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                     Ankeny National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of doves and pigeons is 
permitted on designated areas of the refuge subject to the following 
condition: Dove and pigeon hunters must check in and out of the refuge 
by use of self-service permits.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                  Bandon Marsh National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots, 
snipe, doves and pigeons is permitted on designated areas of the refuge 
subject to the following condition: Snipe hunters must possess and use, 
while in the field, only nontoxic shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                 Baskett Slough National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                  Bear Valley National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer only is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                  Cold Springs National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian 
partridge, and quail is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[[Page 646]]

    3. Fishing is permitted only with hook and line.
    4. The refuge is open from 5 a.m. to 1\1/2\ hours after sunset.

                   Deer Flat National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of doves, geese, ducks, 
coots and common snipe is permitted on the Snake River sector subject to 
the following conditions:
    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.
    B. Upland Game Hunting. Hunting of upland game is permitted on the 
Snake River Sector subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following condition: Hunting is 
permitted only on the Snake River Sector.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Shoreline fishing is not 
permitted on the islands of the Snake River Sector from February 1 
through May 31.

                 Hart Mountain National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt partridge and coyote on 
designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer, antelope and bighorn sheep is 
permitted on designated areas of the refuge.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is permitted only in 
Rock Creek, Guano Creek and Warner Pond.

                 Klamath Forest National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                Lewis and Clark National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and snipe is permitted on designated areas of the refuge subject to the 
following condition: Snipe hunters shall possess and use, while in the 
field, only nontoxic shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish in designated areas of the 
refuge.

                 Lower Klamath National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Malheur National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of doves, geese, ducks, 
coots, common snipe and pigeons is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Motorized boats are not permitted.
    2. Hunters shall possess and use, while in the field, only nontoxic 
shot.
    B. Upland Game Hunting. Hunting of pheasant, quail, partridge, 
coyote and rabbit is permitted on designated areas of the refuge subject 
to the following conditions:
    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.

[[Page 647]]

    3. Hunters shall possess and use, while in the field, only nontoxic 
shot when hunting on designated areas east of Highway 205.
    C. Big Game Hunting. Hunting of deer and antelope is permitted on 
designated areas of the refuge.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  McKay Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian 
partridge, and quail is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Sheldon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of quail, grouse, and partridge is 
permitted on designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer and antelope is permitted on 
designated areas of the refuge.
    D. Sport Fishing. [Reserved]

                    Umatilla National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian 
partridge, and quail is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following condition:
    1. Hunting by permit only.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[[Page 648]]

    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.

                 Upper Klamath National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

               William L. Finley National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of doves and pigeons is 
permitted on designated areas of the refuge subject to the following 
condition: Dove and pigeon hunters must check in and out of the refuge 
by use of self-service permits.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Only shotgun and archery hunting are permitted.
    2. Hunters must check in and out of the refuge by use of self-
service permits.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29076, May 18, 1993; 59 
FR 6696, Feb. 11, 1994; 59 FR 55187, Nov. 3, 1994; 60 FR 62046, Dec. 4, 
1995; 61 FR 46398, Sept. 3, 1996; 62 FR 47381, Sept. 9, 1997; 63 FR 
46921, Sept. 3, 1998]



Sec. 32.57  Pennsylvania.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                      Erie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt grouse, squirrel, rabbit, 
woodchuck, pheasant, quail, raccoon, fox, skunk, opossum and coyote on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunting of deer and turkey is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

             John Heinz National Wildlife Refuge at Tinicum

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 649]]

    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

               Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt rabbits and squirrels on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Sport fishing is permitted on designated areas of 
the refuge under Pennsylvania's State fishing regulations and 
guidelines, unless otherwise posted on the refuge.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29076, May 18, 1993; 59 
FR 6698, Feb. 11, 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62047, Dec. 4, 
1995; 61 FR 31461, June 20, 1996; 61 FR 46398, Sept. 3, 1996; 62 FR 
47381, Sept. 9, 1997; 63 FR 46921, Sept. 3, 1998]



Sec. 32.58  Puerto Rico. [Reserved]



Sec. 32.59  Rhode Island.

    The following refuge units have been opened for hunting and/or 
fishing and are listed in alphabetical order with applicable refuge-
specific regulations.

                  Block Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline in accordance with state regulations.

                    Ninigret National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline in accordance with state regulations. Anglers may 
saltwater fish and shellfish in Ninigret Pond from the refuge shoreline 
only from sunrise to sunset in accordance with state and refuge 
regulations.

              Pettaquamscutt Cove National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may saltwater fish from the refuge 
shoreline in accordance with state regulations.

                 Sachuest Point National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean and 
Sakonnet River from the refuge shoreline in accordance with state 
regulations. Additionally, anglers may night-fish after sunset in 
accordance with state regulations.

                  Trustom Pond National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt Canada geese 
and mourning doves on designated areas of the refuge subject to the 
following conditions: State permits required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may surf fish in the Atlantic Ocean from 
the refuge shoreline

[[Page 650]]

from September 16 to March 31 in accordance with state and refuge 
regulations.

[63 FR 46921, Sept. 3, 1998]



Sec. 32.60  South Carolina.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   ACE Basin National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, geese, 
and coots on designated areas of the refuge subject to the following 
condition: Refuge hunting permits required.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. [Reserved]

                  Cape Romain National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of rails is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    B. Upland Game Hunting. Hunting of squirrel and raccoon is permitted 
on designated areas of the refuge subject to the following condition: 
Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing, crabbing, and shell fishing are permitted 
on designated areas of the refuge subject to the following conditions:
    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.

               Carolina Sandhills National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves and 
woodcock is permitted in designated areas of the refuge subject to the 
following condition: Permits are required.
    B. Upland Game Hunting. Hunting of quail, rabbit, raccoon and 
opossum is permitted on designated areas of the refuge subject to the 
following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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 \1/2\ hour before sunrise to \1/2\ hour 
after sunset.
    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.

                Pinckney Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted year-round.
    2. Fishing is only permitted from boats, into the estuarine waters 
adjacent to the refuge.

                     Santee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves, 
ducks, and coots is permitted on designated areas of the refuge subject 
to the following condition: Permits are required.
    B. Upland Game Hunting. Hunting is permitted on designated areas of 
the refuge subject to the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Savannah National Wildlife Refuge

    Refer to Sec. 32.29 Georgia for regulations.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29076, May 18, 1993; 58 
FR 29085, May 18, 1993; 59 FR 6698, Feb. 11, 1994; 59 FR 55188, Nov. 3, 
1994; 60 FR 62047, Dec. 4, 1995; 63 FR 46921, Sept. 3, 1998]

[[Page 651]]



Sec. 32.61  South Dakota.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Lacreek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of ring-necked pheasant and sharp-
tailed grouse is permitted on designated areas of the refuge subject to 
the following special condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and mule deer is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. [Reserved]

                    Pocasse National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following condition: 
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).
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge.
    D. Sport Fishing. [Reserved]

                   Sand Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl is 
permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge.
    D. Sport Fishing. [Reserved]

                     Wauby National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge.
    D. Sport Fishing. Anglers may fish on the refuge in accordance with 
state law, and as specifically designated in refuge publications.

[58 FR 5064, Jan. 19, 1993, as amended at 60 FR 62047, Dec. 4, 1995; 62 
FR 47381, Sept. 9, 1997]



Sec. 32.62  Tennessee.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Chickasaw National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, coots, 
mourning doves, woodcock, and snipe on designated areas of the refuge 
subject to the following condition: Permits required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, quail, raccoon 
and opossum is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  Cross Creeks National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrel is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Hatchie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge, subject to the 
following conditions:
    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.

[[Page 652]]

    4. Hunters will possess and use, while in the field, only nontoxic 
shot.
    B. Upland Game Hunting. Hunting of quail, squirrel, rabbit, raccoon 
and opossum is permitted on designated areas of the refuge subject to 
the following condition: Upland game hunting is not permitted during the 
refuge deer archery and gun hunting seasons.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                   Lake Isom National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrels and raccoons is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    C. Big Game Hunting. Hunters may hunt white-tailed deer with archery 
equipment on designated areas of the refuge subject to the following 
condition: Refuge permits required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                 Lower Hatchie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt ducks, coots, 
mourning doves, woodcock, and snipe on designated areas of the refuge 
subject to the following condition: Permits required.
    B. Upland Game Hunting. Hunting of squirrel, rabbit, quail, raccoon 
and opossum is permitted on designated areas of the refuge subject to 
the following condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    D. Sport Fishing. Anglers may fish on designated areas of the refuge 
and Sunk Lake Public Use Natural Area subject to the following 
conditions:
    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.

                    Reelfoot National Wildlife Refuge

    Refer to Sec. 32.36 Kentucky for regulations.

                   Tennessee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of squirrels and raccoon is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer and turkey is 
permitted on designated areas of the refuge subject to the following 
condition: Permits are required for the turkey, primitive weapons and 
conventional gun deer hunts.
    D. Sport Fishing. Fishing is permitted on designated portions of the 
refuge subject to the following conditions:
    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.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29085, May 18, 1993; 59 
FR 6698, Feb. 11, 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62047, Dec. 4, 
1995; 62 FR 47382, Sept. 9, 1997; 63 FR 46921, Sept. 3, 1998]



Sec. 32.63  Texas.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Anahuac National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.

[[Page 653]]

    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following conditions:
    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.

                    Aransas National Wildlife Refuge

    A. Hunting of Migratory Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. Fishing access to saltwater bays is permitted on 
designated areas of the refuge subject to the following special 
conditions:
    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.

              Balcones Canyonlands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunters may hunt turkey on designated areas 
of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Big Boggy National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following condition: Pits and permanent blinds are not permitted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[[Page 654]]

                    Brazoria National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is permitted only on 
Nick's Lake, Salt Lake and Lost Lake and along the Salt Lake Weir Dike 
and the Bastrop Bayou Public Fishing Areas.

                  Buffalo Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Hagerman National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of mourning doves is 
permitted in the month of September on designated areas of the refuge, 
subject to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of quail is permitted in the month 
of February and squirrel and rabbit may be hunted in February and 
September, on designated areas of the refuge, subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunters may hunt white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                Laguna Atascosa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. Sport fishing and crabbing are permitted on 
designated areas subject to the following condition: Fishing and 
crabbing are permitted only within Adolph Thomae, Jr. County Park.

[[Page 655]]

                    McFaddin National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following condition: Fishing in 
inland waters is permitted only with pole and line, rod and reel, or 
hand-held line.

                  San Bernard National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fishing is permitted only on 
the refuge portions of Cow Trap Lakes and Cedar Lakes and along Cedar 
Lake Creek.

                  Texas Point National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing and crabbing are permitted on designated 
areas of the refuge subject to the following condition: Fishing in 
inland waters is permitted only with pole and line, rod and reel, or 
hand-held line.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29076, May 18, 1993; 59 
FR 6698, Feb. 11, 1994; 59 FR 55188, Nov. 3, 1994; 62 FR 47382, Sept. 9, 
1997; 63 FR 46921, Sept. 3, 1998]



Sec. 32.64  Utah.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Bear River Migratory Bird Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks, 
coots, and tundra swan on designated areas of the refuge subject to the 
following conditions:
    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

[[Page 656]]

Unit 2 (as designated on the map in the Refuge hunting brochure and 
posted in the field) is restricted to only hunters who possess a Utah 
State Swan permit, and they may not possess or use more than ten (10) 
shells per day.
    B. Upland Game Hunting. Hunters may hunt pheasants on designated 
areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishermen may fish on designated areas of the 
refuge subject to the following conditions:
    1. Fishermen may fish year-round in designated areas of the Refuge.

                  Fish Springs National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Ouray National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks, geese and 
coots is permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following condition: 
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).
    C. Big Game Hunting. Hunting of mule deer is permitted on designated 
areas of the refuge.
    D. Sport Fishing. The refuge is open to sport fishing in accordance 
with state law, and as specifically designated in refuge publications.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6699, Feb. 11, 1994; 60 
FR 62047, Dec. 4, 1995; 61 FR 46398, Sept. 3, 1996; 62 FR 47383, Sept. 
9, 1997; 63 FR 46922, Sept. 3, 1998]



Sec. 32.65  Vermont.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Missisquoi National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. Hunters may hunt rabbits, ruffed grouse and 
squirrels on designated areas of the refuge subject to the following 
conditions:
    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 Missisquoi River.
    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).
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions.
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: fishing is permitted

[[Page 657]]

only from refuge lands along Lake Chamaplain and the Missisquoi River.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29077, May 18, 1993; 60 
FR 62047, Dec. 4, 1995; 61 FR 46399, Sept. 3, 1996]



Sec. 32.66  Virginia.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Back Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer and feral hogs is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  Chincoteague National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of waterfowl and rails 
is permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt white-tailed deer and sika in 
designated areas of the refuge subject to the following conditions:
    1. Hunters must possess a refuge permit.
    D. Sport Fishing. Fishing, crabbing and clamming are permitted on 
designated areas of the refuge subject to the following conditions:
    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.

           Eastern Shore of Virginia National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

               Great Dismal Swamp National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunters may hunt deer and bear on designated 
areas of the refuge subject to the following conditions:
    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

[[Page 658]]

a refuge road, including roads closed to vehicles.
    7. Hunters may not shoot onto or across a refuge road, including 
roads closed to vehicles.
    8. Hunters may not possess alcoholic beverages.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                  James River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Mason Neck National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. [Reserved]

                   Presquile National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    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 \1/2\ hour 
before sunrise to 10:00 a.m., after which time they may hunt anywhere 
within the hunt area.
    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.
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29077, May 18, 1993; 58 
FR 29085, May 18, 1993; 59 FR 6686, Feb. 11, 1994; 60 FR 62048, Dec. 4, 
1995; 61 FR 46399, Sept. 3, 1996; 62 FR 47383, Sept. 9, 1997; 63 FR 
46922, Sept. 3, 1998]



Sec. 32.67  Washington.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                    Columbia National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant, quail, and partridge is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following condition: Only shotgun and 
archery hunting are permitted.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Nonmotorized boats and boats with electric motors are permitted 
on Upper and

[[Page 659]]

Lower Hampton, Hutchinson, Royal and Shiner Lakes.
    2. Motorized boats and nonmotorized boats are permitted on all other 
refuge waters open to fishing.
    3. The taking of bullfrogs is prohibited.

                  Conboy Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of doves, geese, ducks, 
coots, and common snipe is permitted on designated areas of the refuge 
subject to the following condition: Snipe hunters shall possess and use, 
while in the field, only nontoxic shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge.
    D. Sport Fishing. [Reserved]

                   Dungeness National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may salt water fish in designated areas of 
the refuge.

     Julia Butler Hansen Refuge for the Columbian White-tailed Deer

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following condition: Snipe hunters shall possess and use, while 
in the field, only nontoxic shot.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge.

              Little Pend Oreille National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of upland game is permitted on 
designated areas of the refuge.
    C. Big Game Hunting. Hunting of big game is permitted on designated 
areas of the refuge.
    D. Sport Fishing. Sport fishing is permitted on designated areas of 
the refuge.

                     McNary National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
McNary Division subject to the following conditions:
    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.

                   Nisqually National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may salt water fish in designated areas of 
the refuge.

                   Ridgefield National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt geese, ducks, 
and coots on designated areas of the refuge subject to the following 
condition:
    1. Hunting is by permit only.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    1. Fishing and frogging are only permitted from March 1 through 
September 30.
    2. Fishing and frogging are only permitted during daylight hours.

[[Page 660]]

                   Toppenish National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and snipe is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant and quail is permitted 
on designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Umatilla National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks, coots 
and common snipe is permitted on designated areas of the refuge subject 
to the following conditions:
    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.
    B. Upland Game Hunting. Hunting of pheasant, chukar, Hungarian 
partridge, and quail is permitted on designated areas of the refuge 
subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt deer on designated areas of 
the refuge subject to the following condition:
    1. Hunting by permit only.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

                    Willapa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    B. Upland Game Hunting. Hunting of blue and ruffed grouse is 
permitted on the Long Island Unit subject to the following conditions:
    1. Permits are required.
    2. Only archery hunting is permitted.
    C. Big Game Hunting. Hunting of deer, elk and bear is permitted on 
designated areas of the refuge subject to the following conditions:
    1. Permits are required.
    2. Only archery hunting is permitted.
    3. Hunting is permitted only on the Long Island Unit.
    D. Sport Fishing. [Reserved]

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29077, May 18, 1993; 59 
FR 6686, 6699, Feb. 11, 1994; 59 FR 55188, Nov. 3, 1994; 60 FR 62048, 
Dec. 4, 1995; 61 FR 46399, Sept. 3, 1996; 62 FR 47383, Sept. 9, 1997; 63 
FR 46922, Sept. 3, 1998]

[[Page 661]]



Sec. 32.68  West Virginia.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                 Canaan Valley National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds on designated areas of the refuge subject to the following 
conditions:
    1. Hunters must sign and be in the possession of a refuge 
conditional hunting permit at all times while hunting on the refuge.
    B. Upland Game Hunting. Hunters may hunt upland (small) game on 
designated areas of the refuge subject to the following conditions:
    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.
    C. Big Game Hunting. Hunters may hunt big game on designated areas 
of the refuge subject to the following conditions:
    1. Hunters must sign and be in the possession of a refuge 
conditional hunting permit at all times while hunting on the refuge.
    D. Sport Fishing. [Reserved.]

               Ohio River Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Migratory game bird hunting is 
permitted on designated areas of the refuge subject to the following 
condition: 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.
    B. Upland Game Hunting. The hunting of rabbit and squirrel is 
permitted on designated areas of the refuge subject to the following 
conditions:
    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).
    C. Big Game Hunting. The hunting of white-tailed deer is permitted 
on designated areas of the refuge subject to the following conditions:
    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.
    D. Sport fishing. Sport fishing is permitted on designated areas of 
the refuge under West Virginia's State regulations and guidelines, 
unless otherwise posted on the refuge.

[59 FR 55197, Nov. 3, 1994, as amended at 60 FR 62048, Dec. 4, 1995; 61 
FR 31461, June 20, 1996; 63 FR 46922, Sept. 3, 1998]



Sec. 32.69  Wisconsin.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                   Fox River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    1. Permits are required.
    2. The construction or use of permanent blinds, platforms or ladders 
is not permitted.
    D. Sport Fishing. [Reserved]

                    Horicon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of ducks and coots is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Permits are required.
    2. Only participants in the Young Wild-fowlers and Special Programs 
are permitted to hunt.
    B. Upland Game Hunting. Hunting of ring-necked pheasant, gray 
partridge, squirrel and cottontail rabbit is permitted subject to the 
following condition: Hunting is permitted from the opening of the 
respective State season through the State deer firearms season.
    1. Shotgun hunters may use or possess only nontoxic shot while 
hunting upland game species.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.

[[Page 662]]

    3. All stands must be removed from the refuge following each day's 
hunt.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. Fishing is permitted from April 15 through September 15.
    2. Only bank fishing is permitted.

                   Leopold Wetland Management District

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds throughout the District except that hunters may not hunt on 
designated portions of the Blue-wing Waterfowl Production Area in 
Ozaukee County or the Wilcox Waterfowl Production Area in Waushara 
County.
    B. Upland Game Hunting. Hunters may hunt upland game throughout the 
district except that hunters may not hunt on designated portions of the 
Blue-wing Waterfowl Production Area in Ozaukee County or the Wilcox 
Waterfowl Production Area in Waushara County.
    C. Big Game Hunting. Hunters may hunt big game throughout the 
District except that hunters may not hunt on designated portions of the 
Blue-wing Waterfowl Production Area in Ozaukee County or the Wilcox 
Waterfowl Production Area in Waushara County.
    D. Sport Fishing. [Reserved]

                    Necedah National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of migratory game birds 
is permitted only on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of wild turkey, ruffed grouse, gray 
squirrel, fox squirrel, cottontail rabbit, snowshoe hare, and raccoon 
only is permitted on designated areas of the refuge subject to the 
following conditions:
    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.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Fishermen may fish in designated waters of the 
refuge at designated times subject to the following conditions.
    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.

                  Trempealeau National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge subject to the 
following conditions: Permits are required.
    B. Upland Game Hunting. Hunting of ringnecked pheasant, ruffed 
grouse, grey and fox squirrels and cottontail rabbits is permitted on 
designated areas of the refuge subject to the following condition: 
Permits are required.
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas of the refuge subject to the following conditon: 
Permits are required.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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.

        Upper Mississippi River National Wildlife and Fish Refuge

    Refer to 32.32 Illinois for regulations.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29077, May 18, 1993; 59 
FR 6700, Feb. 11, 1994; 60 FR 62048, Dec. 4, 1995; 61 FR 46399, Sept. 3, 
1996; 62 FR 47383, Sept. 9, 1997; 63 FR 46922, Sept. 3, 1998]



Sec. 32.70  Wyoming.

    The following refuge units have been opened for hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                           National Elk Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 663]]

    C. Big Game Hunting. Hunters may hunt elk and bison on designated 
areas of the refuge subject to the following conditions:
    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.
    D. Sport Fishing. Anglers may sport fish on the refuge in accordance 
with state law, as specifically designated in refuge publications.

                   Pathfinder National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese, ducks and 
coots is permitted on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of sage grouse and cottontail rabbit 
is permitted on designated areas of the refuge subject to the following 
condition: Hunters shall possess and use, while in the field, only 
nontoxic shot.
    C. Big Game Hunting. Hunting of pronghorn antelope and deer is 
permitted on designated areas of the refuge.
    D. Sport Fishing. [Reserved]

                   Seedskadee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunters may hunt migratory game 
birds only on designated areas of the refuge.
    B. Upland Game Hunting. Hunting of sage grouse and cottontail rabbit 
is permitted on designated areas of the refuge subject to the following 
condition: Hunters shall possess and use, while in the field, only 
nontoxic shot.
    C. Big Game Hunting. Hunters may hunt pronghorn antelope, mule deer 
and moose only on designated areas of the refuge.
    D. Sport Fishing. Anglers may sportfish on the refuge only in 
accordance with State law, and as specifically designated in refuge 
publications.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 55188, Nov. 3, 1994; 60 
FR 62049, Dec. 4, 1995; 62 FR 47383, Sept. 9, 1997; 63 FR 2182, Jan. 14, 
1998]



Sec. 32.71  Pacific Islands Territory.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                      Guam National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish and collect marine life on 
designated areas of the Refuge only in accordance with Refuge Fishing 
Regulations leaflet available at Refuge Headquarters. The use of gill 
nets for catching reef fish will be prohibited after December 31, 1998.

                 Johnston Atoll National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing, lobstering, and shell collecting are 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Fishermen may take lobsters of 3\1/4\-inch carapace length or 
more in the lagoon area from September 1 through May 31, but not by 
spearing, traps, or the use of pry bars or related methods destructive 
to coral; fishermen may not take female lobsters bearing eggs at any 
time.
    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 Scombridae, 
dolphin fish family known as Coryphaenidae, and sailfish family known as 
Istiophoridae.

                 Kilauea Point National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may salt water fish in designated areas of 
the refuge.

                  Midway Atoll National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may fish and lobster only in accordance 
with a refuge fishing leaflet available at refuge headquarters.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 55188, Nov. 3, 1994; 61 
FR 46399, Sept. 3, 1996; 63 FR 46922, Sept. 3, 1998]



PART 34--REFUGE REVENUE SHARING WITH COUNTIES--Table of Contents




Sec.
34.1  Purpose.

[[Page 664]]

34.2  Authority.
34.3  Definitions.
34.4  Eligibility of areas.
34.5  Distribution of revenues.
34.6  Schedule of appraisals.
34.7  Fair market value appraisals.
34.8  Appropriations authorized.
34.9  Protests.

    Authority: 16 U.S.C. 715s, as amended.

    Source: 44 FR 33073, June 8, 1979, unless otherwise noted.



Sec. 34.1  Purpose.

    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.



Sec. 34.2  Authority.

    (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.



Sec. 34.3  Definitions.

    (a) The term fee area means any area which was acquired in fee by 
the United States and is administered, either solely or primarily, by 
the Secretary through the Service.
    (b) The term reserve area means any area of land withdrawn from the 
public domain and administered, either solely or primarily, by the 
Secretary through the Service. For the purpose of these regulations, 
reserve areas also include lands in Hawaii, the Commonwealth of Puerto 
Rico, Guam, and the Virgin Islands, which were initially administered by 
the United States through Act of Congress, Executive Order, Public Land 
Order or Proclamation of the President and administered, either solely 
or primarily, by the Secretary through the Service.
    (c) The term county means any county, parish, organized or 
unorganized borough, township or municipality, or other unit of local 
government that is the primary collector for general purpose real 
property taxes where fee areas and/or reserve areas are located. For the 
purpose of sharing revenues, the Commonwealth of Puerto Rico, Guam, and 
the Virgin Islands shall each be treated as a county.
    (d) The term fund means the revenues received by the Service from 
(1) the sale or disposition of animals, salmonoid carcasses and eggs, 
products of the soil (including, but not limited to, timber, hay, and 
grass), minerals, shells, sand, and gravel; (2) leases for public 
accommodations or facilities incidental to, but not in conflict with, 
the basic purpose of such areas; and (3) other privileges, including 
industrial leases at Crab Orchard National Wildlife Refuge, Illinois, as 
authorized by Section 8 of Pub. L. 95-616, approved October 27, 1978. 
The Service may pay from such fund any necessary expenses incurred in 
connection with the revenue producing and revenue sharing activity. The 
fund shall also include any appropriations authorized by the Act to make 
up any difference between the total amount of receipts after payments of 
expenses and the total amount of payments due the counties.
    (e) The term net receipts means the amount of revenue collected by 
the Service from an area (including fee land and/or reserve land) after 
the deduction of necessary expenses incurred in producing the particular 
revenues.
    (f) The term fair market value means the amount in terms of money 
for which in all probability a property would be sold if exposed for 
sale in the open market by a seller who is willing but not obligated to 
sell, allowing a reasonable time to find a buyer who is willing but not 
obligated to buy, both parties having full knowledge of all the

[[Page 665]]

uses to which the property is adapted, and for which it is capable of 
being used.



Sec. 34.4  Eligibility of areas.

    In order to receive payments under the Act, a county must qualify 
under the definition in Sec. 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.



Sec. 34.5  Distribution of revenues.

    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 cents 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 local units of government entitled to this distribution will be 
those such as, but not limited to, cities, towns, townships, school 
districts, and the county itself in appropriate cases, which levy and 
collect real property taxes separately from the county or other primary 
taxing authority or those for which a tax is separately stated on a 
consolidated tax bill of the primary taxing authority in areas wherein 
eligible lands are located. The amount of distribution or passthrough to 
which each unit of local government shall be entitled shall be in the 
same proportion as its current tax loss bears to the current whole tax 
loss.

This proportion may be determined; from representative tax bills for the 
area; by construction by using assessments and millage rates; or by 
other suitable methods to achieve an equitable result. An example using 
the representative tax bill method is:

[[Page 666]]



                      Typical Tax Bill for the Area
County...................................  $80 or 80%
School District..........................  20 or 20%
                                          ------------------------------
      Total..............................  $100 or 100%
 


    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:

                           For a Typical Acre
Assessed value--
  $100 x 80 mills County................................      $8     80%
  $100 x 20 mills School District.......................      $2     20%
                                                         ---------------
      Total.............................................     $10    100%
 

    Here again, the county would receive the total payment, keep 80 
percent and pass through 20 percent to the school district.


Counties shall distribute the payment to eligible local units of 
government within 90 days from receipt of the payment. In the event a 
county cannot make the required distribution for reasons of State or 
local law, or otherwise, the Service will make the payments directly to 
local units of government upon return of the check and information upon 
which to make the payments.
    (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 Sec. 29.21-2(c) for a listing of the regional directors of 
the Service.



Sec. 34.6  Schedule of appraisals.

    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.



Sec. 34.7  Fair market value appraisals.

    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 requires that improvements placed upon the land after the date 
of Federal Acquisition be excluded from the fair market value. The only 
structures that will be included in the appraisal are those that were 
present at the time of Federal acquisition and have not been the subject 
of substantial renovation or modification with Federal funds. Evaluation 
of improvements will be based on their contributory value to the area as 
determined by the highest and best use study. Lands occupied by 
improvements not subject to appraisal will be valued as though 
unimproved.

The appraisals will be reviewed by the Service's review appraisers and 
the determination of the regional director as to fair market value shall 
be final and conclusive and shall be the basis for computation of 
revenue sharing payments.



Sec. 34.8  Appropriations authorized.

    The Act authorizes appropriations to the fund for any fiscal year 
when the

[[Page 667]]

aggregate amount of payments required to be made exceeds the net 
receipts in the fund.



Sec. 34.9  Protests.

    (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 Sec. 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.



PART 35--WILDERNESS PRESERVATION AND MANAGEMENT--Table of Contents




                        Subpart A--General Rules

Sec.
35.1  Definitions.
35.2  Objectives.
35.3  General regulations.
35.4  Appropriations and personnel.
35.5  Commercial enterprises, roads, motor vehicles, motorized 
          equipment, motorboats, aircraft, mechanical transport, 
          structures, and installations.
35.6  Public use.
35.7  Control of wildfires, insects, pest plants, and disease.
35.8  Forest management.
35.9  Livestock grazing.
35.10  Controlled burning.
35.11  Scientific uses.
35.12  Water rights.
35.13  Access to State and private lands.
35.14  Special regulations.

Subpart B--Special Regulations for Specific National Wildlife Refuge 
Wilderness [Reserved]

    Authority: 78 Stat. 890; 16 U.S.C. 1131-1136; 43 U.S.C. 1201.

    Source: 36 FR 25426, Dec. 31, 1971, unless otherwise noted.



                        Subpart A--General Rules



Sec. 35.1  Definitions.

    As used in the rules and regulations in this subchapter:
    National Wildlife Refuge System means all lands, waters, and 
interests therein administered by the U.S. Fish and Wildlife Service as 
national wildlife refuges, wildlife ranges, game ranges, wildlife 
management areas, waterfowl production areas, and areas for the 
protection and conservation of fish and wildlife which are threatened 
with extinction.
    National Wilderness Preservation System means the units designated 
as wilderness by the Congress under the provisions of the Wilderness Act 
(supra).
    Wilderness Units shall mean areas in the National Wildlife Refuge 
System that have been designated by Act of Congress as units of the 
National Wilderness Preservation System.
    Secretary means the Secretary of the Interior.
    Director means the Director of the U.S. Fish and Wildlife Service.



Sec. 35.2  Objectives.

    (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.

[[Page 668]]



Sec. 35.3  General regulations.

    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.



Sec. 35.4  Appropriations and personnel.

    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.



Sec. 35.5  Commercial enterprises, roads, motor vehicles, motorized equipment, motorboats, aircraft, mechanical transport, structures, and installations.

    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.



Sec. 35.6  Public use.

    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

[[Page 669]]

use permit or easement when the wilderness was established may be 
continued if their use is necessary to administer the refuge for the 
purposes for which it was established and for wilderness purposes. The 
number, nature, and extent of such temporary structures and services 
will be controlled through regulations and special use permits issued by 
the Refuge Manager so as to provide maximum protection of wilderness 
resources and values.
    (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 Sec. 35.5(a) and 
(b).



Sec. 35.7  Control of wildfires, insects, pest plants, and disease.

    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.



Sec. 35.8  Forest management.

    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 
Sec. 35.7.



Sec. 35.9  Livestock grazing.

    (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.



Sec. 35.10  Controlled burning.

    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.

[36 FR 25426, Dec. 31, 1971, as amended at 37 FR 12067, June 17, 1972]



Sec. 35.11  Scientific uses.

    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.



Sec. 35.12  Water rights.

    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.



Sec. 35.13  Access to State and private lands.

    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

[[Page 670]]

and degress so as to preserve the wilderness character of the area.

[36 FR 25426, Dec. 31, 1971; 37 FR 1049, Jan. 22, 1972]



Sec. 35.14  Special regulations.

    (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 Federal Register (12-31-71).

Subpart B--Special Regulations for Specific National Wildlife Refuge 
Wilderness [Reserved]



PART 36--ALASKA NATIONAL WILDLIFE REFUGES--Table of Contents




             Subpart A--Introduction and General Provisions

Sec.
36.1  How do the regulations in this part apply to me and what do they 
          cover?
36.2  What do these terms mean?
36.3  Information collection.

                       Subpart B--Subsistence Uses

36.11  Purpose and policy.
36.12  Use of snowmobiles, motorboats, dog teams and other means of 
          surface transportation traditionally employed by local rural 
          residents engaged in subsistence uses.
36.13  Subsistence fishing.
36.14  Subsistence hunting and trapping.
36.15  Subsistence uses of timber and plant material.
36.16  Closure to subsistence uses of fish and wildlife.

Subpart C  [Reserved]

                      Subpart D--Other Refuge Uses

36.31  Recreational activities.
36.32  Taking of fish and wildlife.
36.33  What do I need to know about using cabins and related structures 
          on Alaska National Wildlife Refuges?
36.34  Firearms.
36.35  Unattended property.
36.36  Sled dogs and household pets.
36.37  Revenue producing visitor services.

                 Subpart E--Refuge Specific Regulations

36.39  Public use.

   Subpart F--Permits and Public Participation and Closure Procedures

36.41  Permits.
36.42  Public participation and closure procedures.

Table I--Summary Listing the National Wildlife Refuges in Alaska as 
          Established by the Alaska Lands Act, Pub. L. 96-487, December 
          2, 1980

    Authority: 5 U.S.C. 301; 16 U.S.C. 460(k) et seq., 668dd-668ee, as 
amended, 742(a) et seq., 3101 et seq.; and 44 U.S.C. 3501 et seq.

    Source: 46 FR 31827, June 17, 1981, unless otherwise noted.



             Subpart A--Introduction and General Provisions



Sec. 36.1  How do the regulations in this part apply to me and what do they cover?

    (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:

[[Page 671]]

    (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 
Secs. 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.

[46 FR 31827, June 17, 1981, as amended at 64 FR 14151, Mar. 24, 1999]



Sec. 36.2  What do these terms mean?

    The following definitions shall apply to the regulations contained 
in this part.
    Adequate and feasible access means a reasonable method and route of 
pedestrian or vehicular transportation which is economically practicable 
for achieving the use or development desired by the applicant on his/her 
non-federal land or occupancy interest, but does not necessarily mean 
the least costly alternative.
    Adequate snow cover means snow of sufficient depth to protect the 
underlying vegetation and soil.
    Administrative and visitor facility sites means any facility or site 
administered by the U.S. Fish and Wildlife Service for public entry or 
other administrative purposes including, but not limited to, refuge 
staff offices, visitor centers, public access and parking sites, and 
campgrounds.
    Aircraft means a machine or device that is used or intended to be 
used to carry persons or objects in flight through the air, including 
but not limited to, airplanes, helicopters and gliders.
    Alaska National Wildlife Refuges means all lands, waters and 
interests therein administered by the U.S. Fish and Wildlife Service 
within the following National Wildlife Refuges in Alaska: Alaska 
Maritime, Arctic, Alaska Peninsula, Becharof, Innoko, Kanuti, Kenai, 
Kodiak, Koyukuk, Nowitna, Selawik, Tetlin, Izembek, Togiak, Yukon Delta 
and Yukon Flats.
    ANILCA means the Alaska National Interest Lands Conservation Act, 94 
Stat 237, Pub. L. 96-487 (December 2, 1980).
    Downed aircraft means an aircraft that as a result of mechanical 
failure or accident cannot take off.
    Fish and wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird (including any migratory, non-
migratory, or endangered bird for which protection is also afforded by 
treaty or other international agreement), amphibian, reptile, mollusk, 
crustacean, arthropod, or other invertebrate, and includes any part, 
product, egg, or offspring thereof, or dead body or part thereof.
    Off-road vehicle means any motor vehicle designed for or capable of 
cross-country travel on or immediately over land, water, sand, snow, 
ice, marsh, wetland, or other natural terrain, except snowmobiles as 
defined in this section. It includes, but is not limited to, four-wheel 
drive or low-pressure-tire vehicles, motorcycles and related two-, 
three-, or four-wheel vehicles, amphibious machines, ground-effect or 
air-cushion vehicles, air-thrust boats, recreation vehicle campers, and 
any other means of transportation deriving motive power from any source 
other than muscle or wind.
    Person means any individual, firm, corporation, society, 
association, partnership, or other private or public body.
    Public lands means lands situated in Alaska which are federally 
owned lands, except:
    (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

[[Page 672]]

Territory of Alaska or the State under any other provision of Federal 
law;
    (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.
    Refuge Manager means any Fish and Wildlife Service official in 
charge of an Alaska National Wildlife Refuge, the Alaska Regional 
Director of the Fish and Wildlife Service, or an authorized 
representative of either.
    Snowmachine or snowmobile means a self-propelled vehicle intended 
for off-road travel primarily on snow having a curb weight of not more 
than 1,000 pounds (450 kg), driven by track or tracks in contact with 
the snow and steered by a ski or skis in contact with the snow.
    Subsistence uses means the customary and traditional uses by rural 
Alaska residents of wild, renewable resources for direct personal or 
family consumption as food, shelter, fuel, clothing, tools, or 
transportation; for the making and selling of handicraft articles out of 
nonedible byproducts of fish and wildlife resources taken for personal 
or family consumption; for barter or sharing for personal or family 
consumption; and, for customary trade. For purpose of this paragraph, 
the term:
    (1) Family means all persons related by blood, marriage, or 
adoption, or any person living within the household on a permanent 
basis; and
    (2) Barter means the exchange of fish or wildlife or their parts 
taken for subsistence uses:
    (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) Customary trade shall be limited to the exchange of furs for 
cash, and such other activities, if any, as may be designated in special 
rules for Alaska National Wildlife Refuges.
    Take or taking, as used with respect to fish and wildlife, means to 
pursue, hunt, shoot, trap, net, capture, collect, kill, harm or attempt 
to engage in any such conduct.
    Temporary means a continuous period of time not to exceed 12 months, 
except as specifically provided otherwise.

[46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986; 
64 FR 14151, Mar. 24, 1999]



Sec. 36.3  Information collection.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget under 44 U.S.C. et 
seq. and assigned clearance number 1018-0014. The collected information 
will assist the Service in administering these programs and, 
particularly, in the issuance of permits and the granting of statutory 
or administrative benefits. The information requested in the application 
form is required to obtain a benefit. The public reporting burden for 
this collection of information is estimated to average 1.5 hours each 
for 150 non-competitively awarded permits and 31.66 hours each for 60 
competitively awarded permits including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
data needed, and completing and reviewing the collection of information. 
The estimated annual number of respondents is 210, yielding a total 
annual reporting and record keeping burden of 2125 hours. Comments and 
suggestions on the burden estimate or any other aspect of the form 
should be sent directly to the Office of Information and Regulatory 
Affairs; Office of Management and Budget; Attention: Interior Desk 
Officer; Washington, DC 20503; and a copy of the comments should be sent 
to the Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, MS 224-ARLSQ; 1849 C Street, NW., Washington, DC 20240.

[62 FR 45340, Aug. 27, 1997]



                       Subpart B--Subsistence Uses



Sec. 36.11  Purpose and policy.

    (a) Consistent with the management of fish and wildlife in 
accordance with recognized scientific principles and the

[[Page 673]]

purposes for which each Alaska National Wildlife refuge was established, 
designated, or expanded by ANILCA, the purpose of this subpart is to 
provide the opportunity for local rural residents engaged in a 
subsistence way of life to do so pursuant to applicable State and 
Federal law.
    (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.



Sec. 36.12  Use of snowmobiles, motorboats, dog teams and other means of surface transportation traditionally employed by local rural residents engaged in 
          subsistence uses.

    (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

[[Page 674]]

teams and other means of surface transportation in accordance with 
subpart C of this part.



Sec. 36.13  Subsistence fishing.

    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.



Sec. 36.14  Subsistence hunting and trapping.

    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.



Sec. 36.15  Subsistence uses of timber and plant material.

    (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\1/2\ feet above ground level), 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;
    (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.

[[Page 675]]

    (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.

[46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986]



Sec. 36.16  Closure to subsistence uses of fish and wildlife.

    (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.

Subpart C  [Reserved]



                      Subpart D--Other Refuge Uses



Sec. 36.31  Recreational activities.

    (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: 
Provided however, That (1) collection of silver, platinum, gemstones and 
fossils is prohibited, and (2) collection methods which may result in 
disturbance of ground surface, such as the use of shovels, pickaxes, 
sluice boxes and dredges, are prohibited. The recreation activities 
specified in paragraphs (a) and (b) of this section may be prohibited or 
otherwise restricted in accordance with the provisions of Sec. 36.42.

[[Page 676]]



Sec. 36.32  Taking of fish and wildlife.

    (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; Provided however, That the Refuge Manager, pursuant to 
Sec. 36.42, may designate areas where, and establish periods when, no 
taking of a particular population of fish or wildlife shall be 
permitted.
    (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; 
Provided, however, That the Refuge Manager may restrict or prohibit the 
exercise of these rights or privileges or uses of federally owned lands 
directly incident to such exercise if he determines, after conducting a 
public hearing in the affected locality, that they are inconsistent with 
the purposes of the refuge and that they constitute a significant 
expansion of commercial fishing activities within such refuge beyond the 
level of such activities in 1979.
    (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) Trapping and sport hunting. (i) Each person shall secure and 
possess all required State licenses and shall comply with the applicable 
provisions of State law unless further restricted by Federal law;
    (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) Sport and commercial fishing. (i) Each person shall secure and 
possess all required State licenses and shall comply with the applicable 
provisions of State law unless further restricted by Federal law;
    (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.

[46 FR 31827, June 17, 1981, as amended at 59 FR 39412, Aug. 2, 1994]



Sec. 36.33  What do I need to know about using cabins and related structures on Alaska National Wildlife Refuges?

    (a) Definitions. As used in this section, the term:
    Administrative cabin shall mean any cabin only used by refuge or 
other authorized personnel for the administration of the refuge.
    Cabin shall mean a small, usually single-story, three or more sided 
structure that is permanently and completely enclosed with a roof and 
walls. The roof and walls are not fabric, cannot be easily disassembled, 
and are not removed seasonally.
    Commercial cabin shall mean any cabin which is used in association 
with a commercial operation including but not limited to commercial 
fishing activities and recreational guiding services.
    Existing cabin shall mean any cabin situated on Federal lands before 
December 2, 1980. A cabin legally situated

[[Page 677]]

on lands that subsequently become refuge will also be considered an 
``existing'' cabin providing the applicant meets the appropriate 
application deadlines.
    Family shall include the spouse (including what is known as a 
common-law relationship), children by birth or adoption, and other blood 
relatives within the second degree of kindred.
    Guest shall mean a person who occasionally visits the permittee in 
the cabin. This term does not include clients using commercial cabins.
    Immediate family shall include the spouse and children, either by 
birth or adoption, of the claimant residing in the cabin or structure.
    New cabin shall mean any permitted cabin constructed on refuge lands 
after December 2, 1980. This may also include a cabin whose claimant 
failed to meet the application deadline for existing cabins but is 
otherwise a permitted cabin.
    Other related structures shall mean those structures or devices 
essential to the activities for which the cabin special use permit is 
issued. This includes but is not limited to outdoor toilets, food 
caches, storage sheds, and fish drying racks.
    Private recreational use shall mean a use associated with leisure 
activities, not including bona fide subsistence uses or authorized 
commercial uses.
    Public use cabin shall mean a cabin owned and administered by the 
Fish and Wildlife Service and available for use by the public.
    (b) All cabins. The regulations in this paragraph (b) shall apply to 
all cabins, claimants, occupants, and guests. The regulations in this 
paragraph (b) do not apply to temporary facilities: any structure or 
man-made improvement which can readily be completely dismantled and 
removed from the site when the period of authorized use is terminated.
    (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 
Sec. 36.41(b).

[[Page 678]]

    (c) Existing cabins. In addition to paragraph (b) of this section, 
the regulations in this paragraph (c) shall apply to all existing 
cabins, claimants, occupants, and guests.
    (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) New cabins. In addition to paragraph (b) of this section, the 
regulations in this paragraph (d) shall apply to all new cabins, 
claimants, occupants, and guests.
    (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

[[Page 679]]

is either directly related to refuge administration or is needed for 
continuation of an ongoing activity or use otherwise allowed within the 
refuge where the applicant lacks a reasonable off-refuge site. In 
addition, these activities must have historically been supported by the 
construction and use of cabins in the geographic area. In general, new 
cabin permits will be given only to local residents to pursue a 
legitimate subsistence activity. In determining whether to permit the 
construction, use, and occupancy of cabins or other structures, the 
refuge manager shall be guided by factors such as other public uses, 
public health and safety, environmental and resource protection, 
research activities, protection of historic or scientific values, 
subsistence uses, endangered or threatened species conservation and 
other management considerations necessary to ensure that the activities 
authorized pursuant to a permit are compatible with the purposes for 
which the refuge was established.
    (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) Commercial cabins. In addition to paragraph (b) of this section, 
the regulations in this paragraph (e) shall apply to all commercial 
cabins, permittees, clients, guests, and occupants.
    (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.

[[Page 680]]

    (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) Administrative and government-owned public use cabins. In 
addition to paragraph (a) of this section, the regulations in this 
paragraph (f) apply to all administrative and government-owned cabins.
    (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.

[59 FR 38314, July 27, 1994, as amended at 64 FR 14151, Mar. 24, 1999]



Sec. 36.34  Firearms.

    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 Sec. 36.42.



Sec. 36.35  Unattended property.

    (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.



Sec. 36.36  Sled dogs and household pets.

    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

[[Page 681]]

prohibited or otherwise restricted pursuant to the provisions of 
Sec. 36.42.

[46 FR 40192, Aug. 7, 1981]



Sec. 36.37  Revenue producing visitor services.

    (a) Applicability. (1) Except as otherwise provided for in this 
paragraph, the regulations contained in this section apply to new 
visitor services provided within all National Wildlife Refuge areas in 
Alaska.
    (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) Definitions. The following definitions shall apply to this 
section:
    (1) Best offer means a responsive offer that best meets, as 
determined by the Refuge Manager, the selection criteria contained in a 
competitive solicitation for a visitor services permit.
    (2) Controlling interest, in the case of a corporation means an 
interest, beneficial or otherwise, of sufficient outstanding voting 
securities or capital of the business, so as to permit exercise of final 
managerial authority over the actions and operations of the corporation, 
or election of a majority of the Board of Directors of the corporation.
    (3) Controlling interest in the case of a partnership, limited 
partnership, joint venture or individual entrepreneurship means a 
beneficial ownership of or interest in the entity so as to permit the 
exercise of final managerial authority over the actions and operations 
of the entity.
    (4) Controlling interest in other circumstances means any 
arrangement under which a third party has the ability to exercise 
general management authority over the actions or operations of the 
business.
    (5) Historical operator means any person who:
    (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) Local area means that area in Alaska within 100 miles of the 
location within a refuge where any of the visitor service is authorized.
    (7) Local resident means:
    (i) For individuals. Those individuals that have maintained their 
primary, permanent residence and business within the local area for the 
past twelve (12) consecutive months and whenever absent from this 
primary, permanent residence, have the intention of returning to it. 
Factors demonstrating the location of an individual's primary, permanent 
residence and business may include, but are not limited to, the 
permanent address indicated on licenses issued by the State of Alaska, 
tax returns, and voter registrations.
    (ii) For corporations. A corporation in which the controlling 
interest is held by an individual or individuals who qualify as ``local 
resident(s)'' within the meaning of this section. For non-profit 
corporations a majority of the board members and a majority of the 
officers must qualify as ``local residents.''
    (8) Native Corporation means the same as defined in section 102(6) 
of ANILCA.
    (9) Preferred operator means a local resident or Native Corporation 
which is entitled to a preference under this section in the award of a 
permit, and as otherwise provided under section 1307(b) of ANILCA.
    (10) A responsive offer means one which is timely made and meets the 
terms and conditions of the solicitation document.

[[Page 682]]

    (11) Similar visitor service means that visitor service authorized 
by the Refuge Manager to be provided on a refuge and determined by the 
Refuge Manager, on a case by case basis, to be similar to an established 
service being provided by a historical operator.
    (12) Visitor service means any service or activity made available 
for a fee, commission, brokerage, or other compensation to persons who 
visit a refuge, including such services as providing food, 
accommodations, transportation, tours, and guides excepting the guiding 
of sport hunting and fishing. This also includes any activity where one 
participant/member or group of participants pays more in fees than the 
other participants (non-member fees, etc.), or fees are paid to the 
organization which are in excess of the bona fide expenses of the trip.
    (13) Right of first refusal means, as it relates to section 1307(a) 
of ANILCA, a reasonable opportunity for a historical operator to review 
a description of the new similar service and the terms and conditions 
upon which it is to be provided to determine if the historical visitor 
service operator wishes to provide the service. As it relates to section 
1307(c) of ANILCA, it refers to the opportunity for Cook Inlet Region, 
Incorporated to have the first opportunity to provide new visitor 
services on the Kenai National Wildlife Refuge in the Cook Inlet Region.
    (c) Visitor services existing on or before January 1, 1979, 
``historical operators''. (1) A historical operator shall have a right 
to continue to provide visitor services or similar services within such 
area, under appropriate terms and conditions, so long as such services 
are determined by the Refuge Manager to be consistent with the purposes 
for which the refuge was established. A historical operator must obtain 
a permit from the refuge manager to conduct the visitor services. The 
permit shall be for a fixed term and specified area, and shall contain 
such terms and conditions as are in the public interest. Failure to 
comply with the terms and conditions of the permit may result in 
cancellation of the authorization and consequent loss of historical 
operator rights under this section. Nothing in this section shall 
prohibit the Refuge Manager from permitting persons, in addition to 
historical operators, to provide visitor services in the refuge at the 
Refuge Manager's discretion so long as historical operators are 
permitted to conduct a scope or level of visitor services equal to or 
greater than those provided prior to January 1, 1979, under terms and 
conditions consistent with this section. A historical operator may be 
permitted by the Refuge Manager, under separate authority, to increase 
the scope or level of visitor services provided prior to January 1, 
1979, but no historical operating rights shall be obtained in such 
increase.
    (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

[[Page 683]]

providing the same type of visitor services is required to have those 
services curtailed, the Refuge Manager shall establish a proportionate 
reduction of visitor services among all such historical operators, 
taking into account historical operating levels and other appropriate 
factors, so as to achieve a fair curtailment of visitor services among 
the historical operators. If the level of visitor services must be so 
curtailed that only one historical operator feasibly may continue to 
provide the visitor services, the Refuge Manager shall select one 
historical operator to continue to provide the curtailed visitor 
services through a competitive selection process.
    (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) Visitor services initially authorized after January 1, 1979, 
``preferred operators''. (1) In selecting persons to provide, and in 
permitting any type of visitor service, excepting guided hunting or 
fishing, the Refuge Manager will give a preference to preferred 
operators determined qualified to provide such visitor services. 
Preferences for most directly affected Native Corporation(s) and local 
residents are equal and are not additive.
    (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) Preference to Cook Inlet Region, Incorporated (CIRI). (1) Cook 
Inlet Region, Incorporated, in cooperation with village corporations 
within Cook Inlet Region when appropriate, shall have a right of first 
refusal to provide new visitor services within that portion of the Kenai 
National Moose Range (Kenai National Wildlife Refuge) within the 
boundaries of Cook Inlet Region. The

[[Page 684]]

CIRI shall have ninety (90) days from receipt of a prospectus in which 
to exercise its right.
    (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) Most directly affected Native Corporation determination. (1) 
Prior to the issuance of a solicitation document for any new visitor 
service in a refuge, the Refuge Manager shall provide an opportunity for 
any Native Corporation interested in providing visitor services within 
that refuge to submit an application to the Refuge Manager to be 
determined ``most directly affected'' Native Corporation. The 
application shall include but not be limited to, the following 
information:
    (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) Appeal procedures. Any person(s) who believe that they have been 
improperly denied rights with respect to providing visitor services 
under this section may appeal the denial to the Regional Director. Such 
an appeal must be submitted in writing within forty-five (45) days of 
receipt of the denial from which an appeal is sought. The appeals 
process as defined in 50 CFR subpart F, 36.41(b) will apply with 
exception of the period of time allowed to file an appeal.

[62 FR 1842, Jan. 14, 1997]

[[Page 685]]



                 Subpart E--Refuge Specific Regulations



Sec. 36.39  Public use.

    (a) General. Public use of Alaska National Wildlife Refuges (NWR) is 
permitted subject to all other parts of 50 CFR part 36, those sections 
of 50 CFR subchapter C not supplemented by part 36, and the following 
refuge-specific requirements:
    (b) Alaska Maritime National Wildlife Refuge. (1) Amchitka Island--
closed to all public access, occupancy and use, unless specifically 
authorized by a special use permit issued jointly by the Refuge Manager 
and the U.S. Navy (Commanding Officer, Fleet Surveillance Support 
Command, Chesapeake, Virginia).
    (c) Alaska Peninsula/Becharof National Wildlife Refuge Complex. (1) 
The Alaska Peninsula/Becharof National Wildlife Refuge (Complex) 
includes the Becharof National Wildlife Refuge, the Chignik and Ugashik 
Units of the Alaska Peninsula National Wildlife Refuge and the Seal Cape 
Area of the Alaska Maritime National Wildlife Refuge.
    (2) Off-road vehicles are permitted on the refuge complex under 
Sec. 36.12(a),Sec. 36.39(c)(2)(ii) or Sec. 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 \1/4\ mile of the following waters: 
Becharof Lake in the Severson Peninsula area (Island Arm); Becharof Lake 
Outlet; Ugashik Narrows; Big Creek; Gertrude Lake; and Gertrude Creek 
between Gertrude Lake and the King Salmon River. Maps of the above areas 
are available from the Refuge Manager.
    (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 \1/4\ mile of the Becharof Lake 
shoreline.
    (ii) Except for administrative purposes, new temporary facilities 
are prohibited in the following areas: within \1/4\ mile of the 
shorelines of Gertrude Lake and Long Lake; within \1/4\ mile of the 
airstrip on the south side of the King Salmon River approximately \1/2\ 
mile above the confluence of Gertrude Creek and the King Salmon River; 
within \1/4\ mile of the shoreline of Upper and Lower Ugashik Lakes; 
within \1/4\ mile of the shoreline of Becharof Lake outlet; and within 
\1/4\ mile of the shoreline of Big Creek. Maps of the above areas are 
available from the Refuge Manager.
    (d)-(h) [Reserved]
    (i) Kenai National Wildlife Refuge--(1) Aircraft. (i) The operation 
of aircraft on the Kenai NWR, except in an emergency, is permitted only 
as authorized in designated areas as described below. These areas are 
also depicted on a map available from the Refuge Manager.
    (A) Within the Canoe Lakes, Andy Simons, and Mystery Creek units of 
the Kenai Wilderness, only the following

[[Page 686]]

lakes are designated for airplane operations:

                            Canoe Lakes Unit

    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.

                            Andy Simons Unit

    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.

                           Mystery Creek Unit

    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:

                        North of Sterling Highway

    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.

                        South of Sterling Highway

    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 \1/2\ mile of Wusnesenski Glacier terminus lake, and within 
the SE\1/4\, section 16 and SW\1/4\, section 15, T. 4 S., R. 8 W., 
Seward Meridian.
    (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) Motorboats. Motorboats are authorized on all waters of the 
refuge except under the following conditions and within the following 
areas:
    (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

[[Page 687]]

use is not authorized on those portions of the Moose and Swanson Rivers 
within the Canoe Lakes Unit of the Kenai Wilderness.
    (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) Off-Road Vehicles. (i) The use of air cushion, airboat, or other 
motorized watercraft, except motorboats, is not allowed on the Kenai 
NWR, except as authorized by a special use permit from the Refuge 
Manager.
    (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) Snowmobiles. Operation of snowmobiles is authorized on the Kenai 
NWR subject to the following conditions and exceptions:
    (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.

[[Page 688]]

Snowmobiles may cross a maintained road after stopping and when traffic 
on the roadway allows safe snowmobile crossing.
    (viii) Snowmobiles may not be used for racing or for the harassment 
of wildlife.
    (5) Hunting and Trapping. (i) Firearms may not be discharged within 
\1/4\ mile of designated public campgrounds, trailheads, waysides, 
buildings or the Sterling Highway from the east refuge boundary to the 
east junction of the Skilak Loop Road.
    (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) Fishing. Fishing is prohibited June 1 to August 15, on the south 
bank of the Kenai River from the Kenai-Russian River Ferry dock to a 
point 100 feet downstream.
    (7) What do I need to know about other public uses on Kenai National 
Wildlife Refuge? (i) What are the camping restrictions? We allow camping 
subject to the following restrictions:
    (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 \1/4\ mile of the Sterling Highway, Ski Hill, 
or Skilak Loop roads except in designated campgrounds.
    (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) May I cut and remove timber? You may remove timber, including 
the cutting of firewood for home use, only if you have obtained a 
special use permit from the Refuge Manager.
    (iii) May I leave personal property on the refuge? Yes, however, if 
you leave personal property unattended for longer than 72 hours outside 
of a designated area, obtain a special use permit from the Refuge 
Manager.
    (iv) If I find research marking devices, what do I do? Turn in all 
radio transmitters, neck and leg bands, ear tags, or other research 
marking devices recovered from wildlife to the Refuge Manager or the 
Alaska Department of Fish and Game within five days after recovery.
    (v) May I use non-motorized wheeled vehicles on the refuge? Yes, but 
only on refuge roads designated and open for public vehicular access.
    (vi) May I use motorized equipment on the refuge? You may not use 
motorized equipment, including but not limited to chainsaws, generators, 
and auxiliary power units, within the Kenai Wilderness, except 
snowmobiles, airplanes and motorboats in designated areas.
    (vii) Must I register to canoe on the refuge? Only canoeists on the 
Swanson River and Swan Lake Canoe Routes must register at entrance 
points. Maximum group size is 15 persons.
    (viii) Are any areas of the refuge closed to public use? (A) We 
close rock outcrop islands in Skilak Lake used by nesting cormorants and 
gulls and the adjacent waters within 100 yards to public entry and use 
from March 15 to September 30. You may obtain maps showing these areas 
from the Refuge Manager.
    (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

[[Page 689]]

Road and Keystone Drive to the downstream limits of the streamside 
easements. You may obtain maps showing these closed areas from the 
Refuge Manager by referring to Sections 1, 2, and 3 of Township 4 North, 
Range 10 West, Seward Meridian.
    (j) Kodiak National Wildlife Refuge--(1) Seasonal public use closure 
of the O'Malley River Area. That area within the Kodiak National 
Wildlife Refuge described in this paragraph (j)(1) is closed to all 
public access, occupancy and use from June 25 through September 30. The 
area subject to seasonal closure consists of lands and waters located 
within Township 33 South, Range 30 West, Seward Meridian, Alaska, 
consisting of approximately 2,560 acres, and more particularly described 
as follows: Township 33 South, Range 30 West, Seward Meridian, Alaska, 
all of Section 25; all of Section 26, excluding U.S. Survey 10875 and 
the adjacent riparian ownership (Koniag Inc.) fronting the survey and 
extending to the center of Karluk Lake; and all of Sections 35 and 36, 
excluding U.S. Survey 10876 and the adjacent riparian ownership (Koniag 
Inc.) fronting the survey and extending to the center of Karluk Lake. 
Maps of the closure area are available from the Refuge.
    (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.

[51 FR 32332, Sept. 11, 1986, as amended at 51 FR 41509, Nov. 17, 1986; 
60 FR 37311, July 19, 1995; 61 FR 29497, June 11, 1996; 64 FR 14154, 
Mar. 24, 1999]



   Subpart F--Permits and Public Participation and Closure Procedures



Sec. 36.41  Permits.

    (a) Applicability. The regulations contained in this section apply 
to the issuance and administration of competitively and noncompetitively 
issued permits for economic and/or other privileged uses on all national 
wildlife refuges in Alaska. Nothing in this section requires the refuge 
manager to issue a special use permit if not otherwise mandated by 
statute to do so. Supplemental procedures for granting historical use, 
Native Corporation, and local preferences in the selection of commercial 
operators to hold permits to provide visitor services, other than 
hunting and fishing guiding on refuges in Alaska, are addressed in 
Sec. 36.37, Revenue producing visitor services.
    (b) Definitions. As used in this section, the term or terms:
    Commercial visitor service means any service or activity made 
available for a fee, commission, brokerage or other compensation to 
persons who visit a refuge, including such services as providing food, 
accommodations, transportation, tours, and guides. Included is any 
activity where one participant/member or group of participants pays more 
in fees than the other participants (non-member fees, etc.), or fees are 
paid to the organization which are in excess of the bona fide expenses 
of the trip;
    Entire business means all assets including, but not limited to, 
equipment, facilities, and other holdings directly associated with the 
permittee's type of commercial visitor service authorized by permit. 
This term also includes assets held under the name of separate business 
entities, which provide the same specific type of commercial visitor 
services authorized by permit, that the permittee has a financial 
interest in. The term does not include related enterprises owned by the 
permittee such as taxidermy and travel services;
    Immediate family means the spouse and children, either by birth or 
adoption, of the permittee.
    Operations plan means a narrative description of the commercial 
operations which contains all required information identified in the 
prospectus;
    Permit means a special use permit issued by the refuge manager which 
authorizes a commercial visitor service or other activity restricted by 
law or regulation on a national wildlife refuge;
    Prospectus means the document that the Service uses in soliciting 
competition to award commercial visitor services on a refuge;

[[Page 690]]

    Subcontracting means any activity in which the permittee provides 
financial or other remuneration to anyone other than employees to 
conduct the specific commercial services authorized by the Service. The 
permittee's primary authorized activities must be conducted in a genuine 
employer/employee relationship where the source of all remuneration for 
services provided to clients is from the permittee. Subcontracting does 
not apply to booking services or authorized secondary services provided 
to clients in support of the permittee's primary authorized activities 
(e.g., a guide paying a marine or air taxi operator to transport 
clients);
    Subletting means any activity in which the permittee receives 
financial or other remuneration in return for allowing another 
commercial operator to conduct any of the permittee's authorized 
activities in the permittee's use area; and
    Use area means the designated area where commercial services may be 
conducted by the permittee.
    (c) General provisions. In all cases where a permit is required, the 
permittee must abide by the conditions under which the permit was 
issued. Refuge managers will provide written notice to the permittee in 
all cases where documentation of noncompliance is prepared for use in 
any administrative proceeding involving the permittee.
    (d) Application. (1) This section and other regulations in this part 
36, generally applicable to the National Wildlife Refuge System, require 
that permits be obtained from the refuge manager. For activities on the 
following refuges, request permits from the respective refuge manager in 
the following locations:

------------------------------------------------------------------------
                 Refuge                           Office location
------------------------------------------------------------------------
Alaska Peninsula National Wildlife        King Salmon.
 Refuge.
Alaska Maritime National Wildlife Refuge  Homer.
Aleutian Islands Unit, Alaska Maritime    Homer.
 NWR.
Arctic National Wildlife Refuge.........  Fairbanks.
Becharof National Wildlife Refuge.......  King Salmon.
Innoko National Wildlife Refuge.........  McGrath.
Izembek National Wildlife Refuge........  Cold Bay.
Kanuti National Wildlife Refuge.........  Fairbanks.
Kenai National Wildlife Refuge..........  Soldotna.
Kodiak National Wildlife Refuge.........  Kodiak.
Koyukuk National Wildlife Refuge........  Galena.
Nowitna National Wildlife Refuge........  Galena.
Selawik National Wildlife Refuge........  Kotzebue.
Tetlin National Wildlife Refuge.........  Tok.
Togiak National Wildlife Refuge.........  Dillingham.
Yukon Delta National Wildlife Refuge....  Bethel.
Yukon Flats National Wildlife Refuge....  Fairbanks.
------------------------------------------------------------------------

    (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) Competitively awarded permits. (1) Where the number of available 
permits is limited, refuge managers will award permits competitively. A 
prospectus with invitation to bid system will be the primary competitive 
method used for selecting commercial visitor services. Where justified, 
other selection methods, including but not limited to lotteries, may be 
used. Such circumstances may include, but not be

[[Page 691]]

limited to, the timely refilling of use areas that have become vacant 
during regularly scheduled terms to prevent commercial visitor service 
opportunities from going unused, and initiating trial programs on 
individual refuges. The refuge manager has discretionary authority to 
issue noncompetitive permits on a one-time, short-term basis to 
accredited educational institutions and other nonprofit organizations to 
conduct primarily environmental education-related activities that also 
may be recreational in nature in use areas where permits for that type 
of guided recreational activity are otherwise limited to competitive 
award.
    (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

[[Page 692]]

showing of permittee compliance with all applicable permit terms and 
conditions and a satisfactory record of performance. After one renewal, 
the Service shall not extend or noncompetitively renew another permit.
    (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

[[Page 693]]

in the case of death or disability of the permittee, subject to refuge 
manager approval, as provided in this paragraph (e). In these cases, the 
permit privileges may pass to a spouse who can demonstrate he/she is 
capable of providing the authorized services and who has an acceptable 
history of compliance as set forth in paragraph (e)(11)(iv) of this 
section. A spouse who lacks any required license(s) but otherwise 
qualifies may hire an employee, who holds the required license(s) and 
who has an acceptable history of compliance as set forth in paragraph 
(e)(11)(iv) of this section, to assist in the operation. Permit 
privileges may also pass to another member of the immediate family or a 
person who was a business partner at the time of original permit 
issuance. This person must be independently qualified under the minimum 
standards identified by the Service at the time of original permit 
issuance and have an acceptable history of compliance as set forth in 
paragraph (e)(11)(iv) of this section.
    (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) Fees. Permittees must pay fees formally established by regional 
and/or nation-wide Service policy. The refuge manager must document any 
fee exemption.
    (g) Subletting and subcontracting. A permittee may not sublet any 
part of an authorized use area. Subcontracting any service authorized by 
the permit requires written approval from the refuge manager unless the 
subcontracted service is specifically identified in the permittee's 
approved perations plan.
    (h) Restriction, suspension and revocation of permits. The refuge 
manager may suspend, revoke, or reasonably restrict the terms of a 
permit for noncompliance with the terms and conditions of the 
regulations in this subchapter C; for nonuse of the permit; for 
violations/convictions (including pleas of nolo contendere) of any law 
or regulation pertaining to the same type of activity authorized by the 
permit, whether or not the activity occurred on or off the refuge; to 
protect public health or safety; or if the refuge manager determines the 
use to be incompatible with refuge purposes or is inconsistent with the 
Service's obligations under Title VIII of the Alaska National Interest 
Lands Conservation Act. All actions pertaining to this paragraph are 
subject to the appeal process as set forth in paragraph (i) of this 
section.
    (i) Appeals. (1) Any person adversely affected by a refuge manager's 
decision or order relating to the person's permit, or application for a 
permit, has the right to have the decision or order reviewed by the 
regional director. This section does not apply to permits or 
applications for rights-of-way. See 50 CFR 29.22 for the hearing and 
appeals procedure on rights-of-way.
    (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

[[Page 694]]

applicant concurrently will have the opportunity to provide information 
to the regional director prior to the final decision. Selected 
applicants who choose to take advantage of this opportunity, will retain 
their right of appeal should the appeal of the unsuccessful applicant 
result in reversal or revision of the original decision. For purposes of 
reconsideration, appellants shall present the following information:
    (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) State selection of guide-outfitters. Nothing in this section 
will prohibit the Service from cooperating with the State of Alaska in 
administering the selection of sport fishing guides and big game hunting 
guide-outfitters operating on national wildlife refuges should the State 
develop a competitive selection process which is acceptable to the 
Service.

[62 FR 45340, Aug. 27, 1997]



Sec. 36.42  Public participation and closure procedures.

    (a) Authority. The Refuge Manager may close an area or restrict an 
activity on an emergency, temporary, or permanent basis.
    (b) Criteria. In determining whether to close an area or restrict an 
activity otherwise allowed, the Refuge Manager shall be guided by 
factors such as public health and safety, resource protection, 
protection of cultural or scientific values, subsistence uses, 
endangered or threatened species conservation, and other management 
considerations necessary to ensure that the activity or area is being 
managed in a manner compatible with the purposes for which the Alaska 
National Wildlife Refuge area was established.
    (c) Emergency closures or restrictions. (1) Emergency closures or 
restrictions relating to the use of aircraft, snowmachines, motorboats, 
or nonmotorized surface transportation shall be made after notice and 
hearing;
    (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 Sec. 36.42(f); and
    (4) No emergency closure or restriction shall be for a period 
exceeding 30 days.
    (d) Temporary closures or restrictions. (1) Temporary closures or 
restrictions relating to the use of aircraft, snowmachines, motorboats 
or nonmotorized surface transportation, or to the taking of fish and 
wildlife, shall not be effective prior to notice and hearing in the 
vicinity of the area(s) affected by such closures or restriction, and 
other locations as appropriate;
    (2) Other temporary closures shall be effective upon notice as 
prescribed in Sec. 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.

[[Page 695]]

    (e) Permanent closures or restrictions. Permanent closures or 
restrictions shall be made only after notice and public hearings in the 
affected vicinity and other locations as appropriate, and after 
publication in the Federal Register.
    (f) Notice. Emergency, temporary or permanent closures or 
restrictions shall be: (1) Published in at least one newspaper of 
general circulation in the State and in at least one local newspaper if 
available, posted at community post offices within the vicinity 
affected, made available for broadcast on local radio stations in a 
manner reasonably calculated to inform residents in the affected 
vicinity, and designated on a map which shall be available for public 
inspection at the office of the Refuge Manager and other places 
convenient to the public; or
    (2) Designated by the posting of appropriate signs; or
    (3) Both.
    (g) Openings. In determining whether to open an area to public use 
or activity otherwise prohibited, the Refuge Manager shall provide 
notice in the Federal Register and shall, upon request, hold a hearing 
in the affected vicinity and other location, as appropriate prior to 
making a final determination.
    (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.

  Table I--Summary Listing the National Wildlife Refuges in Alaska as 
  established by the Alaska Lands Act, Pub. L. 96-487, December 2, 1980

1. Alaska Maritime, including:
    Aleutian Island*
    Bering Sea*
    Bogoslof*
    Chamisso*
    Forrester Island*
    Hazy Islands*
    Pribilof*
    Saint Lazaria*
    Semidi*
    Simeonof*
    Tuxedni*
2. Alaska Peninsula
3. Arctic, including: William O. Douglas*
4. Becharof**
5. Innoko
6. Izembek*
7. Kanuti
8. Kenai*
9. Kodiak*
10. Koyukuk
11. Nowitna
12. Selawik
13. Tetlin
14. Togiak, including: Cape Newenham*
15. Yukon Delta, including:
    Clarence Rhode*
    Hazen Bay*
    Nunivak*
16. Yukon Flats*
---------------------------------------------------------------------------

    *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.
---------------------------------------------------------------------------



PART 37--GEOLOGICAL AND GEOPHYSICAL EXPLORATION OF THE COASTAL PLAIN, ARCTIC NATIONAL WILDLIFE REFUGE, ALASKA--Table of Contents




                      Subpart A--General Provisions

Sec.
37.1  Purpose.
37.2  Definitions.
37.3  Other applicable laws.
37.4  Disclaimer and disqualification.

                     Subpart B--General Requirements

37.11  General standards for exploratory activities.
37.12  Responsibilities of permittee.
37.13  Group participation.
37.14  Bonding.

                      Subpart C--Exploration Plans

37.21  Application requirements.
37.22  Approval of exploration plan.
37.23  Special use permit.
37.24  Plan of operation.
37.25  Revision.

                   Subpart D--Environmental Protection

37.31  Environmental protection.
37.32  Special areas.
37.33  Environmental briefing.

                    Subpart E--General Administration

37.41  Responsibilities of the Regional Director.
37.42  Inspection and monitoring.
37.43  Suspension and modification.
37.44  Revocation and relinquishment.
37.45  Exploration by the U.S. Geological Survey.
37.46  Cost reimbursement.
37.47  Civil penalties.

[[Page 696]]

                Subpart F--Reporting and Data Management

37.51  Operational reports.
37.52  Records.
37.53  Submission of data and information.
37.54  Disclosure.

Appendix I to Part 37--Legal Description of the Coastal Plain, Arctic 
          National Wildlife Refuge, Alaska

    Authority: 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.

    Source: 48 FR 16858, Apr. 19, 1983, unless otherwise noted.
    Note: 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.



                      Subpart A--General Provisions



Sec. 37.1  Purpose.

    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.



Sec. 37.2  Definitions.

    The following definitions are applicable to the sections of this 
part.
    (a) Act means section 1002 of the Alaska National Interest Lands 
Conservation Act, 94 Stat. 2449, as amended by section 110 of Pub. L. 
97-394, 96 Stat. 1982, 16 U.S.C. 3142.
    (b) Adequate protective cover means snow or a frostline, or both, 
sufficient to protect the vegetation and soil from significant adverse 
effects due to the operation of surface equipment, as determined by the 
Regional Director.
    (c) Coastal lagoons means the waters and submerged lands between the 
mainland and the offshore barrier islands that lie between Brownlow 
Point and the Aichilik River within the coastal plain.
    (d) Coastal plain means that area shown on the map entitled ``Arctic 
National Wildlife Refuge'', dated August 1980, and legally described in 
appendix I of this part.
    (e) Cultural resource means any district, site, building, structure, 
or object significant in American history, architecture, archeology, 
engineering or culture, as determined in accordance with 36 CFR 60.6.
    (f) Department means the Department of the Interior and any of its 
component bureaus and offices.
    (g) Director means the Director of the U.S. Fish and Wildlife 
Service of his authorized representative.
    (h) Exploration plan means the way in which a program of exploratory 
activities is proposed to be arranged and carried out.
    (i) Exploratory activities means surface geological exploration or 
seismic exploration or both of the coastal plain

[[Page 697]]

and all related activities and logistics required for either or both, 
and any other type of geophysical exploration of the coastal plain which 
involves or is a component of an exploration program for the coastal 
plain involving surface use of refuge lands and all related activities 
and logistics required for such exploration.
    (j) Harass means to pursue, hunt, take, capture, molest, collect, 
harm, shoot or kill or attempt to engage in any of the preceding by 
either intentional or negligent act or omission.
    (k) Hazardous substances means petroleum, petroleum products, toxic 
materials, chemical effluent, explosives, or other materials which are 
likely to cause significant adverse effects to the refuge's wildlife, 
its habitat, the environment, or humans.
    (l) Permittee means the person authorized by a special use permit 
issued pursuant to this part to conduct exploratory activities on the 
coastal plain; any official, employee, contractor, subcontractor or 
agent of the permittee or of the permittee's designee; and any 
participant to the permittee's permit.
    (m) Person means any individual, partnership, firm, corporation, 
association, organization, or agency.
    (n) Plan of operation means detailed procedures, covering a period 
not to exceed 12 months, proposed for executing an exploration plan.
    (o) Processed, analyzed and interpreted data or information means 
any data or information which results from any subsequent modification, 
processing, analysis, or interpretation of raw data and information by 
human or electronic means, on or off the refuge.
    (p) Raw data and information means all original observations and 
recordings in written or electronic form and samples obtained during 
field operations.
    (q) Refuge means the Arctic National Wildlife Refuge.
    (r) Regional Director means the Regional Director, Region 7 of the 
U.S. Fish and Wildlife Service, or his authorized representative.
    (s) Rehabilitation means the act of returning the landform and 
vegetation to as near its original shape and condition as practicable, 
as determined by the Regional Director.
    (t) Secretary means the Secretary of the Interior or his authorized 
representative.
    (u) Service means the U.S. Fish and Wildlife Service.
    (v) Solicitor means the Solicitor of the Department of the Interior 
or his authorized representative.
    (w) Special use permit means a revocable, nonpossessory privilege 
issued in writing by the Regional Director and authorizing the permittee 
to enter and use the refuge for a specified period to conduct 
exploratory activities, and other activities necessary thereto.
    (x) Support facilities means facilities on or near the refuge used 
to provide logistical support for the field exploratory activities.
    (y) Third party means any person other than a representative of the 
permittee or the United States government.
    (z) Waste means all material for discard from exploratory 
activities. It includes, but is not limited to, human waste, trash, 
garbage, refuse, fuel drums, shot wire, survey stakes, explosives boxes, 
ashes, and functional and nonfunctional equipment.
    (aa) Wildlife means fish or wildlife or both.



Sec. 37.3  Other applicable laws.

    (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.



Sec. 37.4  Disclaimer and disqualification.

    (a) Authorization granted under this part to conduct exploratory 
activities

[[Page 698]]

shall not confer a right to any discovered oil, gas, or other mineral in 
any manner.
    (b) Any person who obtains access pursuant to Sec. 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.



                     Subpart B--General Requirements



Sec. 37.11  General standards for exploratory activities.

    (a) No exploratory activities shall be conducted without a special 
use permit. Requirements and procedures for obtaining a special use 
permit are prescribed in Secs. 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.



Sec. 37.12  Responsibilities of permittee.

    (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 Sec. 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

[[Page 699]]

designation to another party. The permittee or designee shall notify the 
Regional Director 10 working days in advance of its intention to 
commence field operations for each season that it conducts exploratory 
activities.
    (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.



Sec. 37.13  Group participation.

    (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.



Sec. 37.14  Bonding.

    (a) Before the issuance of its special use permit, any applicant 
whose exploration plan has been approved under Sec. 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

[[Page 700]]

the revision or modification, or unless the permittee provides to the 
Service an increased or additional bond.
    (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.



                      Subpart C--Exploration Plans



Sec. 37.21  Application requirements.

    (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 Sec. 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 
Sec. 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;

[[Page 701]]

    (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.

[48 FR 16858, Apr. 19, 1983, as amended at 49 FR 7570, Mar. 1, 1984]



Sec. 37.22  Approval of exploration plan.

    (a) An exploration plan shall be approved by the Regional Director 
if he determines that it satisfies the requirements of Sec. 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 
Sec. 37.1, enforce the standards stated in Sec. 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 
Sec. 37.21(b), the Regional Director shall promptly publish notice of 
the application and text of the plan in the Federal Register and 
newspapers of general circulation in the State of Alaska. The Regional 
Director shall determine within 90 days after the plan is submitted 
whether the plan is consistent with this part. The Regional Director may 
extend this 90-day period for up to 30 additional days upon written 
notice to the applicant. Before making his determination, the Regional 
Director shall hold at least one public hearing in the State for the 
purpose of receiving public comments on the plan and may confer with the 
applicant whenever he deems it necessary. The Regional Director shall 
give the applicant written notice of his determination.
    (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

[[Page 702]]

the Director to consider that which was disapproved by the Regional 
Director by filing a written request with the Director, U.S. Fish and 
Wildlife Service, Department of the Interior, Washington, DC 20240, 
within 30 days from the date of disapproval. Such a request shall not 
operate to stay the Regional Director's disapproval. The request shall:
    (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.

The Director shall provide an informal hearing if requested by the 
applicant. Within 30 days of the receipt of the applicant's request for 
reconsideration or of the applicant's hearing, if any, whichever is 
later, the Director shall affirm, reverse, or modify the Regional 
Director's determination. Written notice of the Director's decision and 
the reasons therefor shall be provided promptly to the applicant. The 
Director's decision shall constitute the final administrative decision 
of the Secretary in the matter. Nothing in this part shall be construed 
to deprive the Secretary or the Assistant Secretary for Fish and 
Wildlife and Parks of the authority to take jurisdiction at any stage of 
any appeal or request for reconsideration and render the final decision 
in the matter after holding any informal hearing that may be required, 
to review any decision of the Regional Director or Director, or to 
direct the Regional Director or Director to reconsider a decision.
    (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 
Sec. 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 Sec. 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.



Sec. 37.23  Special use permit.

    (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 Sec. 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

[[Page 703]]

within the coastal plain allotted pursuant to the Act of May 17, 1906, 
34 Stat. 197, as amended by the Act of August 2, 1956, 70 Stat. 954, or 
on lands within the coastal plain the surface estate in which has been 
selected by or conveyed to the Kaktovik Inupiat Corporation pursuant to 
Sections 12 and 14 of the Alaska Native Claims Settlement Act, 85 Stat. 
701 and 702, 43 U.S.C. 1611 and 1613, the Regional Director shall seek 
the views of the holder of such approved native allotment or the 
Corporation for the purpose of developing permit conditions designed to 
mitigate the effects of such exploration on its interests.



Sec. 37.24  Plan of operation.

    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 Sec. 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 Sec. 37.22(c).



Sec. 37.25  Revision.

    (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 
Sec. 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 
Sec. 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 
Sec. 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.



                   Subpart D--Environmental Protection



Sec. 37.31  Environmental protection.

    (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

[[Page 704]]

manner consistent with this part. If, after 30 days, or in emergencies 
such shorter periods as shall not be unreasonable, following a demand by 
the Regional Director, the permittee shall fail or refuse to perform any 
action required by this part, its exploration plan, plan of operation, 
special use permit, or a stipulation or order of the Refuge Manager, the 
department shall have the right, but not the obligation, to perform any 
or all such actions at the sole expense of the permittee. Prior to 
making such demand, the Regional Director shall confer with the 
permittee, if practicable to do so, regarding the required action or 
actions included in the demand. Reconsideration of the Regional 
Director's demands under this section may be obtained by employing the 
procedures described in Sec. 37.22(c). A request for reconsideration 
shall not operate to stay the Regional Director's demands or the 
Department's performance pursuant to this section unless such stay is 
granted in writing by the Director.
    (b) Terrestrial environment. (1) Vehicles shall be operated in a 
manner such that the vegetative mat or soil is not significantly damaged 
or displaced. Blading of snow on trails or campsites shall be limited so 
as to maintain an adequate protective cover.
    (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 \1/2\ miles of any 
known denning brown or polar bear or any muskoxen or caribou herd.
    (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) Aquatic environment. (1) The permittee shall not significantly 
alter the banks of streams, rivers, or lakes while

[[Page 705]]

conducting exploratory activities. Crossings of stream, river, or lake 
banks shall utilize a low angle approach or, if appropriate, snow 
bridges. If snow bridges are utilized for bank protection they shall be 
free of dirt and debris and shall be removed after use or prior to 
breakup each year, whichever occurs first.
    (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:

1 pound charge--50 feet
2 pound charge--75 feet
5 pound charge--125 feet
10 pound charge--150 feet
25 pound charge--250 feet
100 pound charge--500 feet


Use of a charge in excess of 100 pounds shall be approved by the 
Regional Director and shall be in a manner prescribed or approved by 
him.
    (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) Cultural resources. (1) Prior to implementing any plan of 
operation, the permittee shall obtain from the Regional Director copies 
of the cultural resource reconnaissance reports, maps and other 
available documents which identify all known cultural resource sites and 
areas of predicted high probability of containing cultural resources. 
The Regional Director may reasonably restrict or prohibit exploratory 
activities in these areas and, in accordance with 36 CFR part 800, 
thereby mitigate, minimize or avoid any adverse effects thereon.
    (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) General. (1) All spills or leakages of any hazardous substances, 
fires, fatalities, and any other conditions which threaten the refuge's 
resources, the environment, or human safety, shall be reported by the 
permittee to the Regional Director immediately or as soon as 
communication can be established. Other notifications shall be made by 
the permittee as required by applicable laws.
    (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.

[[Page 706]]

    (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.



Sec. 37.32  Special areas.

    (a) Caribou calving and post-calving special areas. The Regional 
Director shall designate within the coastal plain specific caribou 
calving and post-calving special areas which shall be closed to all 
exploratory activities for such periods between May 10 and July 15 of 
each year as those areas are determined by the Regional Director to be 
used for caribou calving and post-calving or both so as to ensure that 
exploratory activities do not significantly adversely affect calving and 
post-calving caribou. No exploratory activities shall be conducted in 
such designated areas during such periods.
    (b) Muskoxen calving special areas. Whenever he deems it necessary 
or appropriate to ensure that exploratory activities do not 
significantly adversely affect calving muskoxen, the Regional Director 
shall designate within the following areas specific areas which shall be 
closed to all exploratory activities for such periods between April 15 
and June 5 of each year as those areas are determined by the Regional 
Director to be used for muskoxen calving. No exploratory activities 
shall be conducted in such designated areas during such periods.
    (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

[[Page 707]]

line parallel to and two miles west of the Niguanak River, crossing 
portions of the Okerokovik River, and extending south to the southern 
boundary of the coastal plain, and on the south by the southern boundary 
of the coastal plain.
    (c) Brown bear and polar bear denning special areas. Whenever he 
deems it necessary or appropriate to ensure that exploratory activities 
do not significantly adversely affect denning bears, the Regional 
Director shall designate within the coastal plain brown bear and polar 
bear denning sites within \1/2\ mile of which all exploratory activities 
shall be prohibited for such periods between October 1 of one year and 
April 30 of the following year as are prescribed by the Regional 
Director.
    (d) Snow goose staging special areas. Whenever he deems it necessary 
or appropriate to ensure that exploratory activities do not 
significantly adversely affect staging snow geese, the Regional Director 
shall designate within the general area bordered on the east by the 
Aichilik River, on the north by the mainland coastline, on the west by 
the Hulahula River, and on the south by the southern boundary of the 
coastal plain, specific snow goose staging special areas which shall be 
closed to all exploratory activities during such periods between August 
20 and September 10 of each year as those areas are determined by the 
Regional Director to be used for snow goose staging. No exploratory 
activities shall be conducted in such designated areas during such 
periods.
    (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 \1/2\ mile of the source of the Sadleochit Spring or 
within \1/4\ mile on either side of Sadlerochit Spring Creek for a 
distance of 5 miles downstream from its source.



Sec. 37.33  Environmental briefing.

    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.



                    Subpart E--General Administration



Sec. 37.41  Responsibilities of the Regional Director.

    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.



Sec. 37.42  Inspection and monitoring.

    The Regional Director may designate field representatives, 
hereinafter

[[Page 708]]

known as Field Monitors, to monitor the exploratory activities in the 
field. A Field Monitor may exercise such authority of the Regional 
Director as is provided by delegation, except that a Field Monitor may 
not revoke a permittee's special use permit, and provided that any order 
issued by a Field Monitor which suspends all of a permittee's field 
activities shall, except in emergencies, require the concurrence of the 
Regional Director. The Regional Director shall have a continuing right 
of access to any part of the exploratory activities at any time for 
inspection or monitoring and for any other purpose that is consistent 
with this part. A permittee, upon request by the Regional Director, 
shall furnish lodging, food, and reasonable use of its communication and 
surface and air transportation systems, to the Field Monitors and other 
representatives of the United States for the purposes of inspecting and 
monitoring the permittee's exploration activities in the field and for 
any other purpose consistent with this part. Whenever possible, the 
Regional Director shall give advance notice of the need for such 
services and facilities, including the names of persons to be 
accommodated.



Sec. 37.43  Suspension and modification.

    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 Sec. 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.



Sec. 37.44  Revocation and relinquishment.

    For nonuse, for failure to comply with Sec. 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 Sec. 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.

[[Page 709]]



Sec. 37.45  Exploration by the U.S. Geological Survey.

    Notwithstanding the requirement found in Sec. 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 Secs. 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 
Secs. 37.13 and 37.46 and the provisions of Secs. 37.22(d)(2), 37.53(e), 
and 37.54 on processed, analyzed and interpreted data or information.



Sec. 37.46  Cost reimbursement.

    (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 Sec. 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 Sec. 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

[[Page 710]]

notice of the applicant's withdrawal and for costs subsequently incurred 
by the Department in terminating permit preparation and issuance.
    (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 
Sec. 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 
Sec. 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 Sec. 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 Sec. 37.22(c).



Sec. 37.47  Civil penalties.

    (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 
Sec. 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) Notice of violation. (1) The notice of violation shall be issued 
by the Solicitor and served personally or by registered mail upon the 
person named in

[[Page 711]]

the notice (hereinafter the respondent) or his authorized 
representative. The notice shall contain:
    (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) Petition for relief. If the respondent chooses, he may ask that 
no penalty be assessed or that the amount be reduced and he may admit or 
contest the legal sufficiency of the Solicitor's charges and allegations 
of facts, by filing a petition for relief at the address specified in 
the notice within 45 calendar days from the date thereof. Such petition 
must be received by the Solicitor on or before the 45th day during 
normal business hours. The petition shall be in writing and signed by 
the respondent. If the respondent is a corporation, partnership, 
association or agency, the petition must be signed by an officer or 
official authorized to sign such document. It must set forth in full the 
legal or other reasons for the relief requested.
    (d) Notice of assessment. (1) After 45 calendar days from the date 
of the notice of violation or any amendment thereof, the Solicitor may 
proceed to determine whether the respondent committed the violation 
alleged and to determine the amount of civil penalty to be assessed, 
taking into consideration the information available and such showing as 
may have been made by the respondent. The Solicitor shall notify the 
respondent of his determinations by a written notice of assessment, 
which shall also set forth the basis for his determinations. The notice 
of assessment shall be served on the respondent personally or by 
registered mail.
    (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) Request for a hearing. Within 45 calendar days from the date of 
the issuance of the notice of assessment, the respondent may request a 
hearing to be conducted on the matter in accordance with 5 U.S.C. 554 
through 557 by filing a dated, written request for hearing with the 
Hearings Division, Office of Hearings and Appeals, Department of the 
Interior, 4015 Wilson Blvd., Arlington, Virginia 22203. Such request 
must be received at this address on or before the 45th day during normal 
business hours. The respondent shall state the respondent's preference 
as to the place and date for a hearing. The request must enclose a copy 
of the notice of violation and the notice of assessment. A copy of the 
request shall be served upon the Solicitor personally or by mail at the 
address specified in the notice of assessment.
    (f) Finality of decision. If no request for a hearing is filed in 
accordance with this section, the assessment stated in the notice of 
assessment shall be effective and constitute the final administrative 
decision of the Secretary on the 45th calandar day from the date

[[Page 712]]

of the notice of assessment. If the request for hearing is timely filed 
in accordance with this section, the date of the final administrative 
decision in the matter shall be as provided in paragraph (g) or (h) of 
this section. When a civil penalty assessed under this section becomes 
final, the respondent shall have 20 calendar days from the date of the 
final administrative decision within which to make full payment of the 
penalty assessed. Payment will be timely only if received in the Office 
of the Solicitor during normal business hours on or before the 20th day.
    (g) Hearing. (1) Upon receipt of a request for a hearing, the 
Hearings Division will assign an administrative law judge who shall have 
all the powers accorded by law and necessary to preside over the parties 
and the hearing and to make decisions in accordance with 5 U.S.C. 554 
through 557. Notice of such assignment shall be given promptly to the 
respondent and to the Solicitor at the address stated in the notice of 
assessment. Upon notice of the assignment of an administrative law judge 
to the case, the Solicitor shall file all correspondence and petitions 
exchanged between the Solicitor and the respondent which shall become a 
part of the hearing record.
    (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

[[Page 713]]

this section, the administrative law judge's decision shall constitute 
the final administrative decision of the Secretary in the matter and 
shall become effective 30 calendar days from the date of the decision.
    (h) Appeal. (1) Either the respondent or the Solicitor may seek an 
appeal from the decision of an administrative law judge as to the 
respondent's violation or penalty or both by the filing of a notice of 
appeal with the Director, Office of Hearings and Appeals, United States 
Department of the Interior, 4015 Wilson Boulevard, Arlington, Virginia 
22203, within 30 calendar days of the date of the administrative law 
judge's decision. Such notice shall be accompanied by proof of service 
on the administrative law judge and the opposing party.
    (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) Amount of penalty. The amount of any civil penalty assessed 
under this section shall not exceed $10,000 for each violation. Each day 
of a continuing violation shall, however, constitute a separate offense. 
In determining the amount of such penalty, the nature, circumstances, 
extent, and gravity of the violation committed, and, with respect to the 
respondent, his history of any prior offenses, his demonstrated good 
faith in attempting to achieve timely compliance after being cited for 
the violation, and such other matters as justice may require shall be 
considered.
    (j) Petition for remission. The Solicitor may modify or remit, with 
or without conditions, any civil penalty which is subject to imposition 
or which has been imposed under this paragraph unless the matter is 
pending in court for judicial review or for recovery of the civil 
penalty assessed. A petition for remission may be filed by the 
respondent with the Solicitor at any time from the date of the notice of 
violation referred to in paragraph (b) of this section until 90 days 
after the date of final administrative decision assessing a civil 
penalty. The petition must set forth in full the legal and other reasons 
for the relief requested. Any petition that is not timely filed will not 
receive consideration. The Solicitor's decision shall be the final 
administrative decision for the Secretary on the petition.



                Subpart F--Reporting and Data Management



Sec. 37.51  Operational reports.

    (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

[[Page 714]]

other uses of the area in which the activities were conducted; and
    (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.



Sec. 37.52  Records.

    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.



Sec. 37.53  Submission of data and information.

    (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 Sec. 37.54(a). The Department 
reserves the right to determine whether any page or item is correctly 
identified as constituting processed,

[[Page 715]]

analyzed and interpreted data or information.
    (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 Sec. 37.22(d)(3) and provide a description of the area to which such 
data and information pertain.



Sec. 37.54  Disclosure.

    (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 Sec. 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 
Sec. 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

[[Page 716]]

certifying that person's awareness of the prohibition contained in this 
paragraph and the disqualification stated in the first sentence of 
Sec. 37.4(b).

 Appendix I to Part 37--Legal Description of the Coastal Plain, Arctic 
                    National Wildlife Refuge, Alaska

    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\3/4\ miles to the closing corner of T. 4 N., Rs. 30 and 
31 E., Umiat Meridian;
    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 \3/4\ mile to the corner of T. 8 N., 
Rs. 36 and 37 E., Umiat Meridian;
    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;

[[Page 717]]

    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\1/2\ 
miles to a point on the northerly boundary of the Arctic National 
Wildlife Refuge at the line of extreme low tide located between sections 
13 and 18, T. 8 N., Rs. 31 and 32 E., Umiat Meridian;
    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\1/2\ degree W. 
approximately 3\1/4\ miles to the mean high water line of the extreme 
west bank of the Canning River in section 15, T. 9 N., R. 24 E., Umiat 
Meridian;
    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.

[48 FR 16858, Apr. 19, 1983; 49 FR 7570, Mar. 1, 1984]



PART 38--MIDWAY ATOLL NATIONAL WILDLIFE REFUGE--Table of Contents




                           Subpart A--General

Sec.
38.1  Applicability.
38.2  Scope.

 Subpart B--Executive Authority; Authorized Powers; Emergency Authority

38.3  Executive authority; duration.
38.4  Authorized functions, powers, and duties.
38.5  Emergency authority.

                         Subpart C--Prohibitions

38.6  General.
38.7  Adopted offenses.
38.8  Consistency with Federal law.
38.9  Breach of the peace.
38.10  Trespass.
38.11  Prostitution and lewd behavior.
38.12  Alcoholic beverages.
38.13  Speed limits.
38.14  Miscellaneous prohibitions.
38.15  Attempt.
38.16  Penalties.

                     Subpart D--Civil Administration

38.17  General.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k et seq., 664, 668dd, 742(f), 
3901 et seq.; 48 U.S.C. 644a; sec. 48, Pub. L. 86-624, 74 Stat 424; E.O. 
13022, 61 FR 56875, 3 CFR, 1996 Comp., p. 224.

    Source: 63 FR 11626, Mar. 10, 1998, unless otherwise noted.



                           Subpart A--General



Sec. 38.1  Applicability.

    (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

[[Page 718]]

not conflict with the criminal laws of the United States.



Sec. 38.2  Scope.

    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.



 Subpart B--Executive Authority; Authorized Powers; Emergency Authority



Sec. 38.3  Executive authority; duration.

    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.



Sec. 38.4  Authorized functions, powers, and duties.

    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.



Sec. 38.5  Emergency authority.

    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.



                         Subpart C--Prohibitions



Sec. 38.6  General.

    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.



Sec. 38.7  Adopted offenses.

    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

[[Page 719]]

of Congress, would be punishable if committed within the State of Hawaii 
by the laws thereof at the time of such act or omission, will be guilty 
of a like offense and subject to like punishment to the extent the laws 
of the State of Hawaii do not conflict with the criminal laws of the 
United States.



Sec. 38.8  Consistency with Federal law.

    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.



Sec. 38.9  Breach of the peace.

    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.



Sec. 38.10   Trespass.

    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.



Sec. 38.11  Prostitution and lewd behavior.

    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.



Sec. 38.12  Alcoholic beverages.

    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

[[Page 720]]

paragraph, ``substantially intoxicated'' is defined as an actual 
impairment of mental or physical capacities.



Sec. 38.13  Speed limits.

    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.



Sec. 38.14  Miscellaneous prohibitions.

    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.



Sec. 38.15  Attempt.

    No person on Midway Atoll National Wildlife Refuge will attempt to 
commit any offense prohibited by this part.



Sec. 38.16  Penalties.

    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.



                     Subpart D--Civil Administration



Sec. 38.17  General.

    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.

[[Page 721]]



                        SUBCHAPTER D  [RESERVED]





        SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS





PART 70--NATIONAL FISH HATCHERIES--Table of Contents




Sec.
70.1  Purpose.
70.2  Administrative provisions.
70.3  State cooperation in national fish hatchery area management.
70.4  Prohibited acts.
70.5  Enforcement, penalty, and procedural requirements for violations 
          of parts 25, 26, and 27.
70.6  Public entry and use.
70.7  Land-use management.
70.8  Range and feral animal management.
70.9  Wildlife species management.

    Authority: Sec. 4, 48 Stat. 402, as amended, sec. 4, 76 Stat. 654; 5 
U.S.C. 301, 16 U.S.C. 664; 460k; sec. 2, 80 Stat. 926; 16 U.S.C. 668dd.

    Source: 45 FR 28723, Apr. 30, 1980, unless otherwise noted.



Sec. 70.1  Purpose.

    All national fish hatchery areas are maintained for the fundamental 
purpose of the propagation and distribution of fish and other aquatic 
animal life and managed for the protection of all species of wildlife.



Sec. 70.2  Administrative provisions.

    The provisions and regulations set forth in part 25 of this chapter 
are equally applicable to national fish hatchery areas.



Sec. 70.3  State cooperation in national fish hatchery area management.

    State cooperation may be enlisted in management programs including 
public hunting, fishing, and recreation. The details of these programs 
shall be mutually agreed upon by the Secretary and the head of the 
appropriate State agency in cooperative agreements executed for that 
purpose. Persons entering upon a national fish hatchery area shall 
comply with all regulations issued by the State agency under the terms 
of the cooperative agreement.



Sec. 70.4  Prohibited acts.

    (a) The prohibited acts enumerated in part 27 of this chapter are 
equally applicable to national fish hatchery areas.
    (b) Fishing, taking, seining, or attempting to fish, take, seine, 
any fish, amphibian, or other aquatic animal on any national fish 
hatchery area is prohibited except as may be authorized under the 
provisions of part 71 of this chapter.
    (c) Hunting, killing, capturing, taking, or attempting to hunt, 
kill, capture, or take any animal on any national fish hatchery area is 
prohibited except as may be authorized in the provisions of part 71 of 
this chapter.
    (d) Disturbing spawning fish or fish preparing to spawn in ponds, 
raceways, streams, lakes, traps, and below traps, ladders, fish screens, 
fishways and racks is prohibited.



Sec. 70.5  Enforcement, penalty, and procedural requirements for violations of parts 25, 26, and 27.

    The enforcement, penalty, and procedural requirement provisions set 
forth in part 28 of this chapter are equally applicable to national fish 
hatchery areas.



Sec. 70.6  Public entry and use.

    The public entry and use provisions set forth in part 26 of this 
chapter are equally applicable to national fish hatchery areas.

    Editorial Note: For Federal Register citations to special 
regulations issued under Sec. 70.6, see the List of CFR Sections 
Affected in the Finding Aids section of this volume.



Sec. 70.7  Land-use management.

    The land-use management provisions set forth in part 29 of this 
chapter are equally applicable to national fish hatchery areas.



Sec. 70.8  Range and feral animal management.

    The range and feral animal management provisions set forth in part 
30 of this chapter are equally applicable to national fish hatchery 
areas.

[[Page 722]]



Sec. 70.9  Wildlife species management.

    The wildlife species management provisions set forth in part 31 of 
this chapter are equally applicable to national fish hatchery areas, 
except Sec. 31.15 relating to hunting and fishing, which are treated 
separately in this part.



PART 71--HUNTING AND FISHING ON NATIONAL FISH HATCHERY AREAS--Table of Contents




                           Subpart A--Hunting

Sec.
71.1  Opening of national fish hatchery areas to hunting.
71.2  General provisions.

                           Subpart B--Fishing

71.11  Opening of national fish hatchery areas to fishing.
71.12  General provisions.

    Authority: Sec. 4, 48 Stat. 402, as amended, sec. 4, 76 Stat. 654; 5 
U.S.C. 301, 16 U.S.C. 664, 460k; sec. 2, 80 Stat. 926; 16 U.S.C. 668bb.

    Source: 31 FR 16033, Dec. 15, 1966, unless otherwise noted.



                           Subpart A--Hunting



Sec. 71.1  Opening of national fish hatchery areas to hunting.

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



Sec. 71.2  General provisions.

    The following provisions shall apply to public hunting on a national 
fish hatchery area:
    (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 laws 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 hatchery is located unless 
further restricted by Federal law or regulation.
    (e) Each person shall comply with the terms and conditions 
authorizing access and use of the national fish hatchery area.
    (f) Each person shall comply with the provisions of any special 
notices governing hunting on the national fish hatchery area. Such 
special notices will be posted throughout the area and ill be available 
at the headquarters of the fish hatchery to which they relate.
    (1) Special notices are issued only after the announcement of 
applicable annual State and Federal hunting regulations.
    (2) Special notices may contain the following items:
    (i) Wildlife species which may be hunted;
    (ii) Seasons;
    (iii) Bag limits;
    (iv) Methods of hunting;
    (v) Description of areas open to hunting;
    (vi) Other provisions as required.
    (3) Special notices will not liberalize existing State law or 
regulations.
    (4) Special notices may be amended as needed to meet management 
responsibilities for the area.



                           Subpart B--Fishing



Sec. 71.11  Opening of national fish hatchery areas to fishing.

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



Sec. 71.12  General provisions.

    The following provisions shall apply to public sport fishing on a 
national fish hatchery 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.

[[Page 723]]

    (d) Each person shall comply with the terms and conditions 
authorizing access and use of the national fish hatchery area.
    (e) Each person shall comply with the provisions of any special 
notices governing fishing on the national fish hatchery area. Such 
special notices will be posted throughout the area and will be available 
at the headquarters of the fish hatchery to which they relate.
    (1) Special notices are issued only after announcement of the 
applicable annual State fishing regulation.
    (2) Special notices may contain the following items:
    (i) Species of fish which may be taken;
    (ii) Seasons;
    (iii) Creel limits;
    (iv) Method of fishing;
    (v) Description of areas open to fishing;
    (vi) Other provisions as required.
    (3) Special notices will not liberalize existing State law or 
regulations.
    (4) Special notices may be amended as needed to meet management 
responsibilities for the area.

[[Page 724]]



  SUBCHAPTER F--FEDERAL AID TO STATES IN FISH AND WILDLIFE RESTORATION





PART 80--ADMINISTRATIVE REQUIREMENTS, FEDERAL AID IN FISH AND FEDERAL AID IN WILDLIFE RESTORATION ACTS--Table of Contents




Sec.
80.1  Definitions.
80.2  Eligibility.
80.3  Assent legislation.
80.4  Diversion of license fees.
80.5  Eligible undertakings.
80.6  Prohibited activities.
80.7  Appeals.
80.8  Availability of funds.
80.9  Notice of desire to participate.
80.10  Hunting and fishing license certification.
80.11  Submission of proposals.
80.12  Cost sharing.
80.13  Substantiality in character and design.
80.14  Application of Federal aid funds.
80.15  Allowable costs.
80.16  Federal aid payments.
80.17  Maintenance.
80.18  Responsibilities.
80.19  Records.
80.20  Land control.
80.21  Assurances.
80.22  Audits.
80.23  Allocation of funds between marine and freshwater fishery 
          projects.
80.24  Recreational boating access facilities.
80.25  Multiyear financing under the Federal Aid in Sport Fish 
          Restoration Program.
80.26  Symbols.

    Authority: 16 U.S.C. 777i; 16 U.S.C. 669i; 18 U.S.C. 701.

    Source: 47 FR 22539, May 25, 1982, unless otherwise noted.
    Note: The information collection requirements in this part have been 
approved by the Office of Management and Budget under control number 
1018-0048.



Sec. 80.1  Definitions.

    As used in this part, terms shall have the following meanings:
    (a) The Federal Aid Acts or the Acts. The Federal Aid in Wildlife 
Restoration Act of September 2, 1937, as amended (50 Stat. 917; 16 
U.S.C. 669-669i), and the Federal Aid in Sport Fish Restoration Act of 
August 9, 1950, as amended (64 Stat. 430; 16 U.S.C. 777-777k).
    (b) State. Any State of the United States; the territorial areas of 
Guam, the Virgin Islands, and American Samoa; the Commonwealth of Puerto 
Rico, the District of Columbia, and the Commonwealth of the Northern 
Mariana Islands.
    (c) State fish and wildlife agency. The agency or official of a 
State designated under State law or regulation to carry out the laws of 
the State in relation to the management of fish and wildlife resources 
of the State. Such an agency or official which is also designated to 
exercise collateral responsibilities, e.g., State Department of Natural 
Resources, shall be considered the State fish and wildlife agency only 
when exercising the responsibilities specific to the management of the 
fish and wildlife resources of the State.
    (d) Secretary. The Secretary of the Interior or his designated 
representative.
    (e) Director. The Director of the U.S. Fish and Wildlife Service, or 
his designated representative. The Director serves as the Secretary's 
representative in matters relating to the administration and execution 
of the Federal Aid Acts.
    (f) Regional Director. The Regional director of the U.S. Fish and 
Wildlife Service, or his designated representative.
    (g) Federal Aid Manual. The publication of the U.S. Fish and 
Wildlife Service which contains policies, standards and procedures 
required for participation in the benefits of the Acts.
    (h) Project. A program of related undertakings necessary to fulfill 
a defined need which is consistent with the purposes of the Act.
    (i) Comprehensive fish and wildlife management plan. A document 
describing the State's plan for meeting the long-range needs of the 
public for fish and wildlife resources, and the system for managing the 
plan.
    (j) Federal Aid Funds. Funds provided under Federal Aid Acts.
    (k) Resident angler. A resident angler is one who fishes within the 
same State where legal residence is maintained.

[[Page 725]]

    (l) Common horsepower. Common horsepower is defined as any size 
motor that can be reasonably accommodated on the body of water slated 
for development.

[47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985]



Sec. 80.2  Eligibility.

    Participation in the benefits of the Acts is limited to State fish 
and wildlife agencies as specified below:
    (a) Federal Aid in Sport Fish Restoration--Each of the 50 States, 
the Commonwealth of Puerto Rico, the District of Columbia, the 
Comonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, 
and American Samoa.
    (b) Federal Aid in Wildlife Restoration--Each of the 50 States, the 
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands, Guam, and the Virgin Islands; except that the benefits afforded 
by section 4(b) of the Act relating to hunter education projects are 
limited to the 50 States.

[47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985]



Sec. 80.3  Assent legislation.

    A State may participate in the benefits of the Act(s) only after it 
has passed legislation which assents to the provisions of the Acts and 
has passed laws for the conservation of fish and wildlife including a 
prohibition against the diversion of license fees paid by hunters and 
sport fishermen to purposes other than administration of the fish and 
wildlife agency. Subsequent legislation which amends these state laws 
shall be subject to review by the Secretary. If the legislation is found 
contrary to the assent provisions, the State shall become ineligible.



Sec. 80.4  Diversion of license fees.

    Revenues from license fees paid by hunters and fishermen shall not 
be diverted to purposes other than administration of the State fish and 
wildlife agency.
    (a) Revenues from license fees paid by hunters and fishermen are any 
revenues the State receives from the sale of licenses issued by the 
State conveying to a person the privilege to pursue or take wildlife or 
fish. For the purpose of this rule, revenue with respect to license 
sales by vendors, is considered to be the net income to the State after 
deducting reasonable vendor fees or similar amounts retained by sales 
agents. License revenues include income from:
    (1) General or special licenses, permits, stamps, tags, access and 
recreation fees or other charges imposed by the State to hunt or fish 
for sport or recreation.
    (2) Sale, lease, rental, or other granting of rights of real or 
personal property acquired or produced with license revenues. Real 
property includes, but is not limited to, lands, building, minerals, 
energy resources, timber, grazing, and animal products. Personal 
property includes, but is not limited to, equipment, vehicles, machine, 
tools, and annual crops.
    (3) Interest, dividends, or other income earned on license revenues.
    (4) Federal Aid project reimbursements to the States to the extent 
that license revenues originally funded the project for which the 
reimbursement is being made.
    (b) For purposes of this rule, administration of the State fish and 
wildlife agency include only those functions required to manage the fish 
and wildlife-oriented resources of the State for which the agency has 
authority under State law.
    (c) A diversion of license fee revenues occurs when any portion of 
license revenues is used for any purpose other than the administration 
of the State fish and wildlife agency.
    (d) If a diversion of license revenues occurs, the State becomes 
ineligible to participate under the pertinent Act from the date the 
diversion is declared by the Director until:
    (1) Adequate legislative prohibitions are in place to prevent 
diversion of license revenue, and
    (2) All license revenues or assets acquired with license revenues 
are restored, or an amount equal to license revenue diverted or current 
market value of assets diverted (whichever is greater) is returned and 
properly available for use for the administration of the State fish and 
wildlife agency.

[[Page 726]]

    (e) Federal funds obligated for projects approved prior to the date 
a diversion is declared remain available for expenditure on such 
projects without regard to the intervening period of the State's 
ineligibility.

[54 FR 15209, Apr. 17, 1989]



Sec. 80.5  Eligible undertakings.

    The following are eligible for funding under the Acts:
    (a) Federal Aid in Wildlife Restoration Act. (1) Projects having as 
their purpose the restoration, conservation, management, and enhancement 
of wild birds and wild mammals, and the provision for public use of and 
benefits from these resources.
    (2) Projects having as their purpose the education of hunters and 
archers in the skills, knowledges, and attitudes necessary to be a 
responsible hunter or archer.
    (b) Federal Aid in Sport Fish Restoration Act. (1) Projects having 
as their purpose the restoration, conservation, management, and 
enhancement of sport fish, and the provision for public use and benefits 
from these resources. Sport fish are limited to aquatic, gill-breathing, 
vertebrate animals, bearing paired fins, and having material value for 
sport or recreation.
    (2) Additional funds resulting from expansion of the Sport Fish 
Restoration Program must be added to existing State fishery program 
funds available from traditional sources and not as a substitute 
therefor.

[47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985]



Sec. 80.6  Prohibited activities.

    The following are not eligible for funding under the Acts, except 
when necessary for the accomplishment of project purposes as approved by 
the regional director.
    (a) Law enforcement activities conducted by the State to enforce the 
fish and game regulations.
    (b) Public relations activities conducted to promote the State fish 
and wildlife agency.



Sec. 80.7  Appeals.

    Any difference of opinion over the eligibility of proposed 
activities or differences arising over the conduct of work may be 
appealed to the Director. Final determination rests with the Secretary.



Sec. 80.8  Availability of funds.

    Funds are available to a State for obligation or expenditure during 
the fiscal year for which they are apportioned and until the close of 
the succeeding fiscal year. For the purpose of this section, obligation 
of apportioned funds occurs when a project agreement is signed by the 
regional director.



Sec. 80.9  Notice of desire to participate.

    Any State fish and wildlife agency desiring to avail itself of the 
benefits of the Acts shall notify the Secretary within 60 days after it 
has received a certificate of apportionment of funds available to the 
State. Notification to the Secretary may be accomplished by either of 
the following methods. In either method, the document must be signed by 
a State official authorized to commit the State to participation under 
the Act(s).
    (a) Submitting to the regional director within the 60-day period a 
letter stating the desire of the State to participate in the Act(s); or,
    (b) Having an approved Application for Federal Assistance which 
contains plans for the use of Federal Aid funds during the period of the 
apportionment.



Sec. 80.10  Hunting and fishing license certification.

    (a) Information concerning the number of persons holding paid 
licenses to hunt and the number of persons holding paid licenses to fish 
for sport or recreation in the State in the preceding year shall be 
furnished upon request of the Director by the fish and wildlife agency 
of each State on forms furnished by the Fish and Wildlife Service.
    (b) This information shall be certified as accurate by the director 
of the State fish and wildlife agency. When requested by the Director, 
evidence used in determining accuracy of the certification shall also be 
furnished.

[[Page 727]]

    (c) License holders shall be counted over a period of 12 months; the 
calendar year, fiscal year, or other licensing period may be used 
provided it is consistent from year to year in each State. In 
determining licenses which are eligible for inclusion, the following 
guidelines shall be observed.
    (1) Trapping licenses, commercial licenses, and other licenses which 
are not for the express purpose of permitting the holder to hunt or fish 
for sport or recreation shall not be included.
    (2) Licenses which do not return net revenue to the State shall not 
be included. To qualify as a paid license, the fee must produce revenue 
for the State. Net revenue is any amount returned to the State after 
deducting agent or sellers fees and the cost for printing, distribution, 
control or other costs directly associated with the issuance of each 
license.
    (3) Licenses valid for more than one year, either a specific or 
indeterminate number of years, may be counted in each of the years for 
which they are valid; provided that:
    (i) The net revenue from each license is commensurate with the 
period for which hunting or fishing privileges are granted, and
    (ii) Sampling or other techniques are used to determine whether the 
licensee remains a license holder in the year of certification.
    (4) Combination fishing and hunting licenses (a single license which 
permits the holder both to hunt and fish) shall be included in the 
determination of both the number of paid hunting license holders and the 
number of persons holding paid licenses to fish for sport or recreation.
    (5) Some licensing systems require or permit an individual to hold 
more than one license to hunt or to fish in a State. Such an individual 
shall not be counted more than once as a hunting or fishing license 
holder. The State fish and wildlife director, in certifying license 
information to the Director, is responsible for eliminating duplication 
or multiple counting of single individuals in the figures which he 
certifies. Sampling and other statistical techniques may be utilized by 
the certifying officer for this purpose.

(Approved by the Office of Management and Budget under control number 
1018-0007)



Sec. 80.11  Submission of proposals.

    A State may make application for use of funds apportioned under the 
Acts by submitting to the regional director either a comprehensive fish 
and wildlife management plan or project proposal.
    (a) Each application shall contain such information as the regional 
director may require to determine if the proposed activities are in 
accordance with Acts, the provisions of this part, and the standards 
contained in the Federal Aid Manual.
    (b) Each application and amendments of scope shall be submitted to 
the State Clearinghouse as required by Office of Management and Budget 
(OMB) Circular A-95 and by State Clearinghouse requirements.
    (c) Applications must be signed by the director of the State fish 
and wildlife agency or the official(s) delegated to exercise the 
authority and responsibilities of the State's director in committing the 
State to participation under the Acts. The director of each State fish 
and wildlife agency shall notify the regional director, in writing, of 
the official(s) authorized to sign Federal Aid documents, and any 
changes in such authorizations.



Sec. 80.12  Cost sharing.

    Federal participation is limited to 75 percent of eligible costs 
incurred in the completion of approved work or the Federal share 
specified in the project agreement, whichever is less, except that the 
non-Federal cost sharing for the Commonwealth of Puerto Rico, the 
Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, 
and American Samoa shall not exceed 25 percent and may be waived at the 
discretion of the regional director.
    (a) A minimum Federal participation of 10 percent of the estimated 
costs is required as a condition of approval.
    (b) The non-Federal share of project costs may be in the form of 
cash or in-kind contributions. The allowability and evaluation of in-
kind contributions

[[Page 728]]

are subject to the policies and standards prescribed in Office of 
Management and Budget (OMB) Circular A-102.
    (c) The non-Federal share of project costs may not be derived from 
other Federal funds, except as authorized by specific legislation.



Sec. 80.13  Substantiality in character and design.

    All projects proposed for funding under the Acts must be substantial 
in character and design. A substantial project (for fish and wildlife 
purposes) is one which:
    (a) Identifies and describes a need within the purposes of the 
relevant Act to be utilized;
    (b) Identifies the objectives to be accomplished based on the stated 
need;
    (c) Utilizes accepted fish and wildlife conservation and management 
principles, sound design, and appropriate procedures; and
    (d) Will yield benefits which are pertinent to the identified need 
at a level commensurate with project costs.



Sec. 80.14  Application of Federal aid funds.

    (a) Federal Aid funds shall be applied only to activities or 
purposes approved by the regional director. If otherwise applied, such 
funds must be replaced or the State becomes ineligible to participate.
    (b) Real property acquired or constructed with Federal Aid funds 
must continue to serve the purpose for which acquired or constructed.
    (1) When such property passes from management control of the fish 
and wildlife agency, the control must be fully restored to the State 
fish and wildlife agency or the real property must be replaced using 
non-Federal Aid funds. Replacement property must be of equal value at 
current market prices and with equal benefits as the original property. 
The State may have a reasonable time, up to three years from the date of 
notification by the regional director, to acquire replacement property 
before becoming ineligible.
    (2) When such property is used for purposes which interfere with the 
accomplishment of approved purposes, the violating activities must cease 
and any adverse effects resulting must be remedied.
    (3) When such property is no longer needed or useful for its 
original purpose, and with prior approval of the regional director, the 
property shall be used or disposed of as provided by Attachment N of OMB 
Circular A-102.
    (c) Federal Aid funds shall not be used for the purpose of producing 
income. However, income producing activities incidental to 
accomplishment of approved purposes are allowable. Income derived from 
such activities shall be accounted for in the project records and 
disposed of as directed by the Director.



Sec. 80.15  Allowable costs.

    Allowable costs are limited to those which are necessary and 
reasonable for accomplishment of approved project purposes, and are in 
accordance with the cost principles of OMB Circular A-87.
    (a) All costs must be supported by source documents or other records 
as necessary to substantiate the application of funds. Such 
documentation and records are subject to review by the Secretary to 
determine the allowability of costs.
    (b) Costs incurred prior to the effective date of the project 
agreement are allowable only when specifically provided for in project 
agreement.
    (c) Projects or facilities designed to include purposes other than 
those eligible under the pertinent Act shall provide for the allocation 
of costs among the various purposes. The method used to allocate costs 
shall produce an equitable distribution of costs based on the relative 
uses or benefits provided.
    (d) Administrative costs in the form of overhead or indirect costs 
for State central services outside of the State fish and wildlife agency 
must be in accord with an approved cost allocation plan and shall not 
exceed in any one fiscal year three percentum of the annual 
apportionment.
    (e) Not more than 10 per centum of the annual amount apportioned to 
each State under provisions of the Federal Aid in Sport Fish Restoration 
Act may

[[Page 729]]

be obligated on projects for aquatic education.

[47 FR 22539, May 25, 1982, as amended at 50 FR 21448, May 24, 1985]



Sec. 80.16  Federal aid payments.

    Payments shall be made for the Federal share of allowable costs 
incurred by the State in accomplishing approved projects.
    (a) Requests for payments shall be submitted on forms furnished by 
the regional director.
    (b) Payments shall be made only to the office or official designated 
by the State fish and wildlife agency and authorized under the laws of 
the State to receive public funds for the State.
    (c) All payments are subject to final determination of allowability 
based on audit. Any overpayments made to the State shall be recovered as 
directed by the region director.
    (d) The regional director may withhold payments pending receipt of 
all required reports or documentation for the project.



Sec. 80.17  Maintenance.

    The State is responsible for maintenance of all capital improvements 
acquired or constructed with Federal Aid funds throughout the useful 
life of each improvement. Costs for such maintenance are allowable when 
provided for in approved projects. The maintenance of improvements 
acquired or constructed with non-Federal Aid funds are allowable costs 
when such improvements are necessary to accomplishment of project 
purposes as approved by the regional director, and when such costs are 
otherwise allowable by law.



Sec. 80.18  Responsibilities.

    In the conduct of activities funded under the Acts, the State is 
responsible for:
    (a) The supervision of each project to assure it is conducted as 
provided in the project documents, including:
    (1) Proper and effective use of funds.
    (2) Maintenance of project records.
    (3) Timely submission of reports.
    (4) Regular inspection and monitoring of work in progress.
    (b) The selection and supervision of project personnel to assure 
that:
    (1) Adequate and competent personnel are available to carry the 
project through to a satisfactory and timely completion.
    (2) Project personnel perform the work to ensure that time schedules 
are met, projected work units are accomplished, other performance 
objectives are being achieved, and reports are submitted as required.
    (c) The accountability and control of all assets to assure that they 
serve the purpose for which acquired throughout their useful life.
    (d) The compliance with all applicable Federal, State, and local 
laws.
    (e) The settlement and satisfaction of all contractual and 
administrative issues arising out of procurement entered into.



Sec. 80.19  Records.

    The State shall maintain current and complete financial, property 
and procurement records in accordance with requirements contained in the 
Federal Aid Manual and OMB Circular A-102.
    (a) Financial, supporting documents, and all other records pertinent 
to a project shall be retained for a period of three years after 
submission of the final expenditure report on the project. If any 
litigation, claim, or audit was started before the expiration of the 
three-year period, the records shall be retained until the resolution is 
completed. Records for nonexpendable property shall be retained for a 
period of three years following final disposition of the property.
    (b) The Secretary and the Comptroller General of the United States, 
or any of their duly authorized representatives, shall have access to 
any pertinent books, documents, papers and records of the State.



Sec. 80.20  Land control.

    The State must control lands or waters on which capital improvements 
are made with Federal Aid funds. Controls may be exercised through fee 
title, lease, easement, or agreement. Control must be adequate for 
protection, maintenance, and use of the improvement throughout its 
useful life.

[[Page 730]]



Sec. 80.21  Assurances.

    The State must agree to and certify that it will comply with all 
applicable Federal laws, regulations, and requirements as they relate to 
the application, acceptance, and use of Federal funds under the Acts. 
The Secretary shall have the right to review or inspect for compliance 
at any time. Upon determination of noncompliance, the Secretary may 
terminate or suspend those projects in noncompliance, or may declare the 
State ineligible for further participation in program benefits until 
compliance is achieved.



Sec. 80.22  Audits.

    The State is required to conduct an audit at least every two years 
in accordance with the provisions of Attachment P of OMB Circular A-102. 
Failure to conduct audits as required may result in withholding of grant 
payments or such other sanctions as the Secretary may deem appropriate.

[49 FR 30074, July 26, 1984]



Sec. 80.23  Allocation of funds between marine and freshwater fishery projects.

    (a) Each coastal State, to the extent practicable, shall equitably 
allocate those funds specified by the Secretary, in the apportionment of 
Federal Aid in Sport Fish Restoration funds, between projects having 
recreational benefits for marine fisheries and projects having 
recreational benefits for freshwater fisheries.
    (1) Coastal States are: Alabama, Alaska, California, Connecticut, 
Delaware, Florida, Georgia, Hawaii, Louisiana, Maine, Maryland, 
Massachusetts, Mississippi, New Hampshire, New Jersey, New York, North 
Carolina, Oregon, Rhode Island, South Carolina, Texas, Virginia, 
Washington, Puerto Rico, the United States Virgin Islands, Guam, 
American Samoa, and the Commonwealth of the Northern Mariana Islands.
    (2) The allocation and subsequent obligation of funds between 
projects that benefit marine and freshwater interests will be in the 
same proportion as the estimated number of resident marine anglers and 
resident freshwater anglers, respectively, bears to the estimated number 
of total resident anglers in the State. The number of marine and 
freshwater anglers shall be based on a statistically reliable method for 
determining the relative distribution of resident anglers in the State 
between those that fish in saltwater and those that fish in freshwater.
    (3) To the extent practicable means that the amounts allocated of 
each year's apportionment may not necessarily result in an equitable 
allocation for each year. However, the amounts allocated over a period, 
not to exceed 3 years, must result in an equitable allocation between 
marine and freshwater fisheries projects. Ongoing marine project costs 
can be applied toward the State's saltwater allocation.
    (4) Failure to provide for an equitable allocation may result in the 
State's becoming ineligible to participate in the use of those funds 
specified, until such time as the State demonstrates to the 
satisifaction of the Director that funds will be allocated equitably.
    (b) [Reserved]

[50 FR 21448, May 24, 1985]



Sec. 80.24  Recreational boating access facilities.

    The State shall allocate at least 10 percentum of each annual 
apportionment under Federal Aid in Sport Fish Restoration Act for 
recreational boating access facilities. All facilities constructed, 
acquired, developed, renovated, or maintained (including those existing 
structures for which maintenance is provided) must be for the purpose of 
providing additional, improved, or safer access of public waters for 
boating recreation as part of the State's effort for the restoration, 
management, and public use of sport fish. Though a broad range of access 
facilities and associated amenities can qualify for funding under the 10 
percent provision, power boats with common horsepower ratings must be 
accommodated, and, in addition, the State must make reasonable efforts 
to accommodate boats with larger horsepower ratings if they would not 
conflict with aquatic resources management. Any portion of the 10 
percent set aside for

[[Page 731]]

the above purposes that remains unexpended or unobligated after two 
years shall revert to FWS.

[50 FR 21448, May 24, 1985]



Sec. 80.25  Multiyear financing under the Federal Aid in Sport Fish Restoration Program.

    (a) States may finance the acquisition of lands or interests in 
lands including water rights and the construction of structures and 
facilities utilizing multiyear funding as authorized by the Federal Aid 
in Sport Fish Restoration Act in two ways:
    (1) States may finance the entire cost of the acquisition or 
construction from a non-Federal funding source and claim Federal Aid 
reimbursement in succeeding apportionment years according to a scheduled 
reimbursement plan.
    (2) States may negotiate an installment purchase or contract whereby 
periodic and specified amounts are paid to the seller or contractor and 
Federal Aid reimbursements are allowed for each payment from any 
apportionment year current at the time of payment.
    (b) Multiyear financing is subject to the following conditions:
    (1) Projects must provide for prospective use of funds and be 
approved by the Regional Director in advance of the State's obligation 
or commitment to purchase property or contract for structures or 
facilities.
    (2) States must agree to complete the project even if Federal funds 
are not available. In the event the project is not completed, those 
Federal funds expended but not resulting in commensurate sport fishery 
benefits must be recovered by the State and reallocated to approved 
State sport fish projects.
    (3) Project proposals must include a complete schedule of payments 
to complete the project.
    (4) No costs for interest or financing shall be claimed for 
reimbursement.

[50 FR 21448, May 24, 1985]



Sec. 80.26  Symbols.

    Distinctive symbols are prescribed to identify projects funded by 
the Federal Aid in Wildlife Restoration Act and the Federal Aid in Sport 
Fish Restoration Act and to identify items on which taxes and duties 
have been collected to support the respective Acts.
    (a) All recipients identified in Sec. 80.2 of this part are 
authorized to display the appropriate symbol(s) on areas, such as 
wildlife management areas and fishing access facilities, acquired, 
developed, operated or maintained by these grants, or on printed 
material or other visual representations relating to project 
accomplishments. Recipients may require sub-recipients to display the 
symbol(s) and may authorize use by others, or for purposes other than as 
stated above, only with approval of the Director, U.S. Fish and Wildlife 
Service.
    (b) Other persons or organizations may use the symbol(s) for 
purposes related to the Federal Aid programs as authorized by the 
Director, U.S. Fish and Wildlife Service. Authorization for the use of 
the symbol(s) shall be by written agreement executed by the Service and 
the user. To obtain authorization a written request stating the specific 
use and items to which the symbol(s) will be applied must be submitted 
to Director, U.S. Fish and Wildlife Service, Washington, DC 20240.
    (c) The user of the symbol(s) shall indemnify and defend the United 
States and hold it harmless from any claims, suits, losses and damages 
arising out of any allegedly unauthorized use of any patent, process, 
idea, method or device by the user in connection with its use of the 
symbol(s), or any other alleged action of the user and also from any 
claims, suits, losses and damages arising out of alleged defects in the 
articles or services with which the symbol(s) is associated.
    (d) The appearance of the symbol(s) on projects or items is to 
indicate that the manufacturer of the product is taxed by, and that the 
State project was funded through, the respective Act(s). The U.S. Fish 
and Wildlife Service and the Department of the Interior make no 
representation or endorsement whatsoever by the display of the symbol(s) 
as to the quality, utility, suitability or safeness of any product, 
service or project with which the symbol(s) is associated.
    (e) Neither symbol may be used in any other manner except as 
authorized by the Director, U.S. Fish and Wildlife

[[Page 732]]

Service. Unauthorized use of the symbol(s) will constitute a violation 
of section 701 of title 18 of the United States Code and subject the 
violator to possible fines and imprisonment as set forth therein.
    (f) The symbol pertaining to the Federal Aid in Wildlife Restoration 
Act is depicted below.
[GRAPHIC] [TIFF OMITTED] TC01JN91.182

    (g) The symbol pertaining to Federal Aid in Sport Fish Restoration 
Act is depicted below.
[GRAPHIC] [TIFF OMITTED] TC01JN91.183

    (h) The symbol pertaining to the Federal Aid in Wildlife Restoration 
Act and the Federal Aid in Sport Fish Restoration Act when used in 
combination is depicted below.
[GRAPHIC] [TIFF OMITTED] TC01JN91.184


[52 FR 47571, Dec. 15, 1987]



PART 81--CONSERVATION OF ENDANGERED AND THREATENED SPECIES OF FISH, WILDLIFE, AND PLANTS--COOPERATION WITH THE STATES--Table of Contents




Sec.
81.1  Definitions.
81.2  Cooperation with the States.
81.3  Cooperative Agreement.
81.4  Allocation of funds.
81.5  Information for the Secretary.
81.6  Project Agreement.
81.7  Availability of funds.
81.8  Payments.
81.9  Assurances.
81.10  Submission of documents.
81.11  Divergent opinions over project merits.
81.12  Contracts.
81.13  Inspection.
81.14  Comprehensive plan alternative.
81.15  Audits.

    Authority: Endangered Species Act of 1973, sec. 6(h), 87 Stat. 884, 
16 U.S.C. 1531-43, Pub. L. 93-205.

    Source: 40 FR 47509, Oct. 9, 1975, unless otherwise noted.



Sec. 81.1  Definitions.

    As used in this part, terms shall have the meaning ascribed in this 
section.
    (a) Agreements. Signed documented statements of the actions to be 
taken by the State(s) and the Secretary in furthering the purposes of 
the Act. They include:

[[Page 733]]

    (1) A Cooperative Agreement entered into pursuant to section 6(c) of 
the Endangered Species Act of 1973 and Sec. 81.2 of this part.
    (2) A Project Agreement which includes a statement as to the actions 
to be taken in connection with the conservation of endangered or 
threatened species, benefits derived, cost of actions, and costs to be 
borne by the Federal Government and by the States.
    (b) Conserve, conserving, and conservation. The use of all methods 
and procedures which are necessary to bring any endangered species or 
threatened species to the point at which the measures provided pursuant 
to the Endangered Species Act of 1973 are no longer necessary. Such 
methods and procedures include, but are not limited to, all activities 
associated with scientific resources management such as research, 
census, law enforcement, habitat acquisition and maintenance, 
propagation, live trapping, and transplantation, and, in the 
extraordinary case where population pressures within a given ecosystem 
cannot be otherwise relieved, may include regulated taking.
    (c) Endangered species. Any species which is in danger of extinction 
throughout all or a significant portion of its range (other than a 
species of the Class Insecta as determined by the Secretary to 
constitute a pest whose protection under the provisions of The 
Endangered Species Act of 1973 would present an overwhelming and 
overriding risk to man).
    (d) Fish or wildlife. Any member of the animal kingdom, including 
without limitation any mammal, fish, bird (including any migratory, 
nonmigratory, or endangered bird for which protection is also afforded 
by treaty or other international agreement), amphibian, reptile, 
mollusk, crustacean, arthropod or other invertebrate, and includes any 
part, product, egg, or offspring thereof, or the dead body or parts 
thereof.
    (e) Plant. Any member of the plant kingdom, including seeds, roots, 
and other parts thereof.
    (f) Program. A State-developed set of goals, objectives, strategies, 
action, and funding necessary to be taken to promote the conservation 
and management of resident endangered or threatened species.
    (g) Secretary. The Secretary of the Interior or his authorized 
representative.
    (h) Species. This term includes any subspecies of fish or wildlife 
or plants, and any distinct population segment of any species of 
vertebrate fish or wildlife which interbreeds when mature.
    (i) State. Any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, 
and the Trust Territory of the Pacific Islands.
    (j) State agency. The State agency or agencies, or other 
governmental entity or entities which are responsible for the management 
and conservation of fish or wildlife resources within a State.
    (k) Plan. A course of action under which immediate attention will be 
given to a State's resident species determined to be endangered or 
threatened.
    (l) Threatened species. Any species which is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range, as determined by the Secretary.
    (m) Project. A plan undertaken to conserve the various species of 
fish and wildlife or plants facing extinction.
    (n) Act. The Endangered Species Act of 1973, Pub. L. 93-205, 16 
U.S.C. 1531 et seq.
    (o) Project segment. An essential part or a division of a project, 
usually separated as a period of time, occasionally as a unit of work.
    (p) Resident species. For the purposes of the Endangered Species Act 
of 1973, a species is resident in a State if it exists in the wild in 
that State during any part of its life.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31580, May 31, 1979; 49 
FR 30074, July 26, 1984]



Sec. 81.2  Cooperation with the States.

    The Secretary is authorized by the act to cooperate with any State 
which establishes and maintains an adequate and active program for the 
conservation of various endangered and threatened species. In order for 
a State program to be deemed an adequate and active program, the 
Secretary must find and reconfirm, on an annual basis, that under the 
State program, either:

[[Page 734]]

    (a) Authority resides in the State agency to conserve resident 
species of fish and wildlife or plants determined by the State agency or 
the Secretary to be endangered or threatened;
    (b) The State agency has established an acceptable conservation 
program, consistent with the purposes and policies of the act, for all 
residents species of fish and wildlife or plants in the State which are 
deemed by the Secretary to be endangered or threatened; and has 
furnished a copy of such program together with all pertinent details, 
information, and data requested to the Secretary;
    (c) The State agency is authorized to conduct investigations to 
determine the status and requirements for survival of resident species 
of fish and wildlife or plants;
    (d) The State agency is authorized to establish programs, including 
the acquisition of land or aquatic habitat or interests therein, for the 
conservation of resident endangered or threatened species; and
    (e) Provisions are made for public participation in designating 
resident species of fish and wildlife or plants as endangered or 
threatened, or that under the State program: (1) The requirements set 
forth in paragraphs (c), (d), and (e) of this section are complied with 
concerning fish and wildlife and in paragraphs (c) and (e) of this 
section concerning plants, and plans are included under which immediate 
attention will be given to those resident species of fish and wildlife 
or plants which are determined by the Secretary or the State agency to 
be endangered or threatened and which the Secretary and the State agency 
agree are most urgently in need of conservation programs; except that a 
cooperative agreement entered into with a State whose program is deemed 
adequate and active pursuant to this paragraph shall not affect the 
applicability of prohibitions set forth in or authorized pursuant to 
section 4(d) or section 9(a)(1) of the Endangered Species Act of 1973 
with respect to the taking of any resident endangered or threatened 
species.

[41 FR 15016, Apr. 9, 1976, as amended at 44 FR 31580, May 31, 1979]



Sec. 81.3  Cooperative Agreement.

    Upon determination by the Secretary that a State program is adequate 
and active and complies with Sec. 81.2, the Secretary shall enter into 
an Agreement with the State. A Cooperative Agreement is necessary before 
a Project Agreement can be approved for endangered or threatened species 
projects. A cooperative agreement under Sec. 81.2 must be reconfirmed 
annually to reflect new laws, species lists, rules and regulations, and 
programs, and to demonstrate that the program is still active and 
adequate. The Secretary, in determining which species are most urgently 
in need of a conservation program as provided for in Sec. 81.2(e), shall 
apply the following criteria: (1) The degree of threat to the continued 
existence of the species; (2) the recovery potential of the species; (3) 
the taxonomic status, e.g., giving full species priority over subspecies 
or populations; and (4) such other relevent biological factors as 
determined appropriate.

[41 FR 15016, Apr. 9, 1976, as amended at 44 FR 31580, May 31, 1979]



Sec. 81.4  Allocation of funds.

    The Secretary shall semi-annually allocate funds, appropriated for 
the purpose of carrying out Section 6, to various State programs using 
the following as the basis for his determination:
    (a) The international commitments of the United States to protect 
endangered or threatened species;
    (b) The readiness of a State to proceed with a conservation program 
consistent with the objectives and purposes of the Act;
    (c) The number of endangered and threatened species within a State;
    (d) The potential for restoring endangered and threatened species 
within a State; and
    (e) The relative urgency to initiate a program to restore and 
protect an endangered or threatened species in terms of survival of the 
species.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31580, May 31, 1979]

[[Page 735]]



Sec. 81.5  Information for the Secretary.

    Before any Federal funds may be obligated for any project to be 
undertaken in a State, the State must have entered into a Cooperative 
Agreement with the Secretary pursuant to section 6(c) of the Act.



Sec. 81.6  Project Agreement.

    (a) Subsequent to the establishment of a Cooperative Agreement 
pursuant to Sec. 81.3, the Secretary may further agree with the States 
to provide financial assistance in the development and implementation of 
acceptable projects for the conservation of endangered and threatened 
species. Financial agreements will consist of an Application for Federal 
Assistance and a Project Agreement. Such agreements' continued 
existence, and continued financial assistance under such agreements, 
shall be contingent upon the continued existence of the Cooperative 
Agreement described in Sec. 81.3 of this part.
    (b) The Application for Federal Assistance will show the need for 
the project, the objectives, the expected benefits and results, the 
approach, the period of time necessary to accomplish the objectives, and 
both the Federal and State costs. All of a State's activities proposed 
for this Federal grant support will be incorporated in one or more 
project applications.
    (c) To meet the requirements of the Act, the Application for Federal 
Assistance shall certify that the State agency submitting the project is 
committed to its execution and that is has been reviewed by the 
appropriate State officials and is in compliance with other requirements 
of the Office of Management and Budget Circular No. A-95 (as revised).
    (d) The Project Agreement will follow approval of the Application 
for Federal Assistance by the Secretary. The mutual obligations by the 
cooperating agencies will be shown in this agreement executed between 
the State and the Secretary. An agreement shall cover the financing 
proposed in one project segment and the work items described in the 
documents supporting it.
    (e) The form and content for both the Application for Federal 
Assistance and the Project Agreement are provided in the Federal Aid 
Manual.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979]



Sec. 81.7  Availability of funds.

    Funds allocated to a State are available for obligation during the 
fiscal year for which they are allocated and until the close of the 
succeeding fiscal year. For the purpose of this section, obligation of 
allocated funds occurs when a Project Agreement is signed by the 
Secretary, or his authorized representative, attesting to his approval.



Sec. 81.8  Payments.

    The payment of the Federal share of costs incurred in the conduct of 
activities included under a Project Agreement shall be in accordance 
with Treasury Circular 1075.
    (a) Federal payments under the Act shall not exceed 75 percent of 
the program costs as stated in the agreement; except, the Federal share 
may be increased to 90 percent when two or more States having a common 
interest in one or more endangered or threatened species, the 
conservation of which may be enhanced by cooperation of such States, 
enter jointly into an agreement with the Secretary.
    (b) The State share of program costs may be in the form of cash or 
in-kind contributions, including real property, subject to standards 
established by the Secretary as provided in Office of Management and 
Budget Circular A-102.
    (c) Payments under the Endangered Species Act, including such 
preliminary costs and expenses as may be incurred in connection with 
projects, shall not be made unless all documents that may be necessary 
or required in the administration of this Act shall have first been 
submitted to and approved by the Secretary. Payments shall be made for 
expenditures reported and certified by the State agencies. Payments 
shall be made only to the State office or official designated by the 
State agency and authorized under the laws of the State to receive 
public funds of the State.
    (d) Vouchers and forms provided by the Secretary and certified as 
therein prescribed, showing amounts expended and the amount of Federal 
Aid funds

[[Page 736]]

claimed to be due on account thereof, shall be submitted to the 
Secretary by the State agency.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979; 49 
FR 30074, July 26, 1984]



Sec. 81.9  Assurances.

    The State must assure and certify that it will comply with all 
applicable Federal laws, regulations, and requirements as they relate to 
the application, acceptance, and use of Federal funds for projects under 
the Act in accordance with Office of Management and Budget Circular A-
102.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979]



Sec. 81.10  Submission of documents.

    Papers and documents required by the Act or by regulations in this 
part shall be deemed submitted to the Secretary from the date of receipt 
by the Director of the U.S. Fish and Wildlife Service.



Sec. 81.11  Divergent opinions over project merits.

    Any difference of opinion about the substantiality of a proposed 
project or appraised value of land to be acquired are considered by 
qualified representatives of the Secretary and the State. Final 
determination in the event of continued disagreement rests with the 
Secretary.



Sec. 81.12  Contracts.

    The State may use its own regulations in obtaining services 
providing that they adhere to Federal laws and the requirements provided 
by Office of Management and Budget Circular A-102. The State is the 
responsible authority without recourse to the Secretary regarding 
settlement of contractual issues.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979]



Sec. 81.13  Inspection.

    Supervision of each project by the State shall include adequate and 
continuous inspection. The project will be subject to periodic Federal 
inspection.



Sec. 81.14  Comprehensive plan alternative.

    In the event that the State elects to operate under a comprehensive 
fish and wildlife resource planning system, the Cooperative Agreement 
will be an attachment to the plan. No Application for Federal Assistance 
will be required since the documentation will be incorporated in the 
plan. However, the continued existence of the comprehensive plan, and 
Federal financing thereunder, will be contingent upon the continued 
existence of the Cooperative Agreement described in Sec. 81.3, above.



Sec. 81.15  Audits.

    The State is required to conduct an audit at least every two years 
in accordance with the provisions of Attachment P of OMB Circular A-102. 
Failure to conduct audits as required may result in withholding of grant 
payments or such other sanctions as the Secretary may deem appropriate.

[49 FR 30074, July 26, 1984]



PART 82--ADMINISTRATIVE PROCEDURES FOR GRANTS-IN-AID (MARINE MAMMAL PROTECTION ACT OF 1972)--Table of Contents




                         Subpart A--Introduction

Sec.
82.1  Scope of regulations.
82.2  Purpose of regulations.
82.3  Supplementary information and procedures.
82.4  Authority.
82.5  Definitions.

                    Subpart B--Application for Grants

82.6  Submission of proposals.
82.7  Coordination with States.

                        Subpart C--Administration

82.8  Prosecution of work.
82.9  General information for the Secretary.
82.10  Payments to grantee.
82.11  Forms of vouchers.
82.12  Permit requirements.
82.13  Ownership of property.
82.14  Inspection and audit.
82.15  Record retention.
82.16  Reporting.
82.17  Procurement.
82.18  Officials not to benefit.
82.19  Patents and inventions.
82.20  Civil rights.

[[Page 737]]

82.21  Copyrights.

    Authority: 16 U.S.C. 1361-1407, 86 Stat. 1027.

    Source: 40 FR 23281, May 29, 1975, unless otherwise noted.



                         Subpart A--Introduction



Sec. 82.1  Scope of regulations.

    The regulations in this part are issued, pursuant to the authority 
of the Secretary in section 1380 of the Marine Mammal Protection Act, 16 
U.S.C. 1361-1407 (Supp. II 1972), to provide procedures for the 
submission and review of applications and the award and administration 
of research grants, or other forms of financial assistance, to Federal 
or state agencies, public or private institutions, or other persons 
including any foreign governments for research relevant to the 
protection and conservation of marine mammals.



Sec. 82.2  Purpose of regulations.

    The Marine Mammal Protection Act of 1972 (Pub. L. 92-552) authorizes 
appropriations, and confers authority upon the Secretary, subject to 
such terms and conditions as he deems necessary, and after review by the 
Marine Mammal Commission, to make grants, or provide other forms of 
financial assistance, for the purpose of undertaking research relevant 
to the protection and conservation of marine mammals. Research initiated 
pursuant to this authorization is to be directed toward increasing the 
available knowledge of the ecology and population dynamics of marine 
mammals and of the factors which bear upon their ability to reproduce 
themselves successfully, which information may be used for the purposes 
of increasing and maintaining the number of animals within species and 
populations of marine mammals at the optimum carrying capacity of their 
habitat.



Sec. 82.3  Supplementary information and procedures.

    The regulations in this part are intended to provide for the maximum 
flexiblity and simplicity in the application and award of grants or 
other financial assistance and the minimum amount of Federal control in 
the conduct of the research and supervision of Federal funds, consistent 
with the anticipated level of appropriated funds and demand for such 
funds. With respect to grants to state or local governments these 
regulations are intended to implement and be read as consistent with 
Federal Management Circular 74-7, ``Uniform Administrative Requirements 
for Grants-in-Aid to State and Local Governments,'' (FMC 74-7) 34 CFR 
part 256, 39 FR 35787-35796, October 4, 1974, unless specifically noted 
otherwise. The standards and procedures set forth therein, and other 
referenced Federal management circulars, will, to the extent practical, 
govern other forms of financial assistance to state and local 
governments, public and private institutions and persons as well as 
grants to such institutions and persons. Other Federal regulations and 
sources of guidance potential applicants may find worthwhile to consult 
for information which may be helpful in applying and implementing 
research grants or other financial assistance under these regulations 
include: 34 CFR part 211, Cost Sharing on Federal Research (FMC 73-3); 
34 CFR part 251, Audit of Federal Operations and Programs by Executive 
Branch Agencies, superseding OMB Circular No. A-73, dated August 4, 
1965; 34 CFR part 252, Coordinating Indirect Cost Rates and Audit at 
Educational Institutions, (FMC 73-6); 34 CFR part 253, Administration of 
College and University Grants (FMC 73-7); 34 CFR part 254, Cost 
Principles for Educational Institutions (FMC 73-8); FMC 74-4, Cost 
Principles under Grants to State and Local Governments.



Sec. 82.4  Authority.

    The Secretary of the Interior has delegated to the Director, Fish 
and Wildlife Service, his authority under the Marine Mammal Protection 
Act to enter into grants or other forms of financial assistance for 
research relevant to the protection and conservation of marine mammals 
covered by the Act excluding the order Cetacea and members, other than 
walruses, of the order Pinnipedia.

[[Page 738]]



Sec. 82.5  Definitions.

    As used in this part, terms shall have the meanings ascribed in this 
section.
    (a) Act means the Marine Mammal Protection Act of 1972, 16 U.S.C. 
1361-1407.
    (b) Cooperative Agreement means the properly signed documentation, 
including the Application for Federal Assistance, which describes the 
project goals, the time schedule for achieving them, the estimated 
expenses to be incurred and the terms and conditions under which the 
research will be conducted, the totality of which constitutes the 
legally binding instrument between the Secretary and the grantee.
    (c) Grantee means (1) any private person or entity, or (2) any 
officer, employee, agent, department, or instrumentality of the Federal 
Government, or any state or political subdivision thereof or any foreign 
government, participating in a cooperative agreement with the Secretary.
    (d) Marine Mammal means any specimen of the following species, 
whether alive or dead, or any part thereof, including but not limited 
to, any raw, dressed, or dyed fur or skin:

------------------------------------------------------------------------
              Scientific name                        Common name
------------------------------------------------------------------------
Ursus maritimus...........................  Polar bear.
Enhydra lutris............................  Sea Otter.
Odobenus rosmarus.........................  Walrus.
Dugong dugong.............................  Dugong.
Trichechus inunquis.......................  West Indian manatee.
Trichechus manatus........................  West African manatee.
Trichechus senegalensis...................  Amazonian manatee.
------------------------------------------------------------------------
Note: Common names given may be at variance with local usage; they are
  not required to be provided by the Act, and they have no legal
  significance.

    (e) Non-Federal interest means any organization, association, 
institution, business, school, individual or group of individuals, state 
agency, municipality, or others outside the Federal Government which 
desires to participate within the terms of the Act.
    (f) Project means any program for which an Application for Federal 
Assistance and a cooperative agreement have been approved and which 
provides for research in subjects which are relevant to the protection 
and conservation of marine mammals.
    (g) Secretary means the Secretary of the Interior or his delegated 
representative.
    (h) State means the several states, the District of Columbia, the 
Commonwealth of Puerto Rico, the Canal Zone, the possessions of the 
United States, and the Trust Territory of the Pacific Islands.
    (i) State agency means any department(s), commission(s), or 
officials(s), of a state empowered under its laws to administer the 
state program for marine mammals.



                    Subpart B--Application for Grants



Sec. 82.6  Submission of proposals.

    (a) Preapplication forms may be submitted by any potential grantee 
in order to (1) establish communication between the Fish and Wildlife 
Service and the applicant; (2) to determine the applicant's eligibility; 
(3) determine how well the project can compete with applications from 
others; and (4) eliminate any proposals which have little or no chance 
for Federal funding before the applicant incurs significant expenditures 
for preparing an application. A notice of review action will be sent to 
the applicant within 45 days of the receipt of the preapplication form 
informing the applicant of the results of the review of the 
preapplication form. If the review cannot be completed within 45 days, 
the applicant will be informed by letter as to when the review will be 
completed.
    (b) An Application for Federal Assistance for non-construction shall 
be submitted by all applicants for grants, however, an Application for 
Federal Assistance--Short Form may be utilized for single purpose and 
one-time grant applications for less than $10,000 not requiring clearing 
house approval, an environmental impact statement, or the relocation of 
persons, businesses, or farms.
    (c) Copies of the applications described in paragraphs (a) and (b) 
of this section may be obtained from the Federal Aid Coordinator, State 
Fish and Game Agency, and the Director, U.S. Fish and Wildlife 
(Attention: Division of Cooperative Research), Washington, DC 20240. An 
original and two copies of the appropriate application forms should be 
submitted to the Director at this address. In order to allow sufficient 
time for processing, the Federal

[[Page 739]]

Assistance Application must be submitted by September 1 of the year 
preceding the fiscal year in which the research is contemplated. Any 
requests by grantees for changes, continuations, and supplements to 
approved grants must be submitted on the same form as the original 
application.



Sec. 82.7  Coordination with States.

    If the proposed project is to be conducted within the territorial 
limits of a state, the Secretary shall not enter into an agreement with 
a non-Federal interest other than a State without first consulting with 
the State agency.



                        Subpart C--Administration



Sec. 82.8  Prosecution of work.

    (a) The grantee shall pursue the agreed-upon objectives 
expeditiously, adhering to the procedures set forth in the Cooperative 
Agreement. Failure to do so or failure to provide timely and adequate 
reports shall be cause for the Secretary to withhold further 
reimbursements to the grantee until project commitments are 
satisfactorily met. All further disbursement of funds under the 
cooperative agreement may be terminated upon determination by the 
Secretary that satisfactory progress has not been maintained.
    (b) All work shall be performed in accordance with applicable 
Federal, state, and local laws, including safety, health and sanitation 
laws, except that when state and local laws are in conflict with Federal 
laws or regulations, such Federal laws or regulations shall prevail.



Sec. 82.9  General information for the Secretary.

    Before any Federal funds may be obligated for any project the 
grantee shall furnish to the Director such information regarding the 
authority of the grantee to participate in the benefits of the Act, such 
information of the type described in FMC 74-7 Attachment G, concerning 
the system to be used by the grantee for the financial management of 
grant funds, the state laws affecting marine mammals, and such other 
information as the Director may request.
    (a) Document signature. The Application for Federal Assistance and 
the Cooperative Agreement must bear the signature of an official who is 
legally authorized to commit the prospective grantee to expediture of 
funds. The Secretary may, from time to time, request, and grantee shall 
furnish, information relating to the administration and maintenance of 
any project established under the Act.
    (b) [Reserved]



Sec. 82.10  Payments to grantee.

    Payments may be requested by the grantee at intervals of not less 
than 30 days as work described in the cooperative agreement progresses.



Sec. 82.11  Forms of vouchers.

    Vouchers, on forms provided by the Secretary, showing amounts 
expended on each project, and the Federal portion claimed to be due on 
account thereof, shall be certified and submitted to the Director by the 
grantee.



Sec. 82.12  Permit requirements.

    No work shall commence on a proposal funded under the provisions of 
16 U.S.C. 1380 until all appropriate State and Federal permits have been 
applied for and issued.



Sec. 82.13  Ownership of property.

    When property is acquired pursuant to the provisions of the Act, 
title to such property or interests therein shall be vested in the 
grantee as long as the property is used for the authorized purpose. When 
the property is no longer needed for such purpose, the Director and the 
grantee shall mutually agree regarding the assignment of title and any 
compensations consistent with the terms of Federal Management Circular 
74-7 or other appropriate referenced Federal Management Circulars cited 
in Sec. 82.3 of this part.



Sec. 82.14  Inspection and audit.

    (a) Supervision of each project shall be as specified in the initial 
cooperative agreement and shall include adequate and continuous 
inspection by the grantee. The project will be subject at all reasonable 
times to Federal inspection. The Director and the Comptroller General of 
the United States, or their

[[Page 740]]

duly authorized representatives, shall be given access by the grantee 
during regular business hours to any books, documents, papers, and 
records of the grantee which are pertinent to the project for the 
purposes of making audit, examination, excerpts, and transcripts.
    (b) The State is required to conduct an audit at least every two 
years in accordance with the provisions of Attachment P of OMB Circular 
A-102. Failure to conduct audits as required may result in withholding 
of grant payments of such other sanctions as the Secretary may deem 
appropriate.

[40 FR 23281, May 29, 1975, as amended at 49 FR 30074, July 26, 1984]



Sec. 82.15  Record retention.

    All records of accounts, and reports, with supporting documentation 
thereto, will be maintained by the grantee for a period of three years 
after submission of the final expenditure report, with the 
qualifications stated in FMC 74-7, Attachment C, paragraph 1.



Sec. 82.16  Reporting.

    Performance reports and other specified reports shall be submitted 
to the Secretary by the grantee in accordance with requirements 
prescribed by FMC 74-7 or other appropriate referenced Federal 
Management Circulars cited in Sec. 82.3 of this part.



Sec. 82.17  Procurement.

    Grantees may use their own procurement regulations which reflect 
applicable State and local laws, rules, and regulations, provided that 
procurements made with funds under the Act adhere to the standards set 
forth in FMC 74-7 or other appropriate referenced Federal Management 
Circulars cited in Sec. 82.3 of this part.



Sec. 82.18  Officials not to benefit.

    No member of, or delegate to, Congress, or Resident Commissioner, 
shall be admitted to any share or any part of an agreement, or to any 
benefit that may arise therefrom; but this provision shall not be 
construed to extend to an agreement made with a corporation for its 
general benefit.



Sec. 82.19  Patents and inventions.

    Determination of the patent rights in any inventions or discoveries 
resulting from work under cooperative agreements entered into pursuant 
to the Act shall be governed by the ``Government Patent Policy,'' 
President's Memorandum for Heads of Executive Departments and Agencies, 
August 23, 1971, and statement of government patent policy as printed in 
36 FR 16889.



Sec. 82.20  Civil rights.

    Each cooperative agreement shall be supported by a statement of 
assurance executed by the grantee providing that the project will be 
carried out in accordance with title VI, non-discrimination in federally 
assisted programs, of the Civil Rights Act of 1964, 42 U.S.C. 2000d-
2000d-4, and with the Secretary's regulations promulgated thereunder, 43 
CFR part 17.



Sec. 82.21  Copyrights.

    Where research conducted under a grant issued pursuant to this part 
results in a book or other copyrightable material, the author or 
grantee, subject to the terms of the Cooperative Agreement, is 
encouraged to publish the work, but the Department of the Interior 
reserves a royalty free, nonexclusive and irrevocable license to 
reproduce, publish, or otherwise use, and to authorize others to use the 
work for Government purposes. Any publication by the grantee must bear 
in an appropriate place an acknowledgment of grant support under the 
Marine Mammal Act from the Department of the Interior. In addition, any 
publication must include a statement that the findings, conclusions, 
etc., do not necessarily represent the views of the Department of the 
Interior. At least two copies of any printed publications must be 
furnished to the U.S. Fish and Wildlife Service.



PART 83--RULES IMPLEMENTING THE FISH AND WILDLIFE CONSERVATION ACT OF 1980--Table of Contents




Sec.
83.1  Definitions.
83.2  Participant eligibility.
83.3  Allocation of funds.
83.4  Eligible undertakings.

[[Page 741]]

83.5  Limitations.
83.6  Appeals.
83.7  Availability of funds.
83.8  Submission of proposals for funding.
83.9  Conservation plans.
83.10  Cost sharing.
83.11  Cooperation between States.
83.12  Project requirements.
83.13  Application of funds provided under the Act.
83.14  Allowable costs.
83.15  Payments.
83.16  Maintenance.
83.17  Responsibilities.
83.18  Records.
83.19  Land control.
83.20  Assurances.
83.21  Audits.

    Authority: The Fish and Wildlife Conservation Act of 1980, 16 U.S.C. 
2901.

    Source: 47 FR 51142, Nov. 12, 1982, unless otherwise noted.
    Note: The information collection requirement contained in this part 
has been approved by the Office of Management and Budget under 44 U.S.C. 
3507 and assigned control number 1018-0048.



Sec. 83.1  Definitions.

    As used in this part, the following terms mean:
    (a) Act. The Fish and Wildlife Conservation Act of 1980, Pub. L. 96-
366 (16 U.S.C. 2901, et seq.).
    (b) Conservation plan. A plan for the conservation of fish and 
wildlife within a State which meets the requirements set forth in this 
part.
    (c) Designated State agency or State agency. The Commission, 
department, division or other agency of a State which has the primary 
legal authority for the conservation of fish and wildlife. If more than 
one agency is designated by the State to exercise such authority, the 
term means each such agency acting with respect to its assigned 
responsibilities.
    (d) Director. The Director of the U.S. Fish and Wildlife Service or 
his/her designee.
    (e) Federal Aid Manual. The publication of the U.S. Fish and 
Wildlife Service which contains policies, standards and procedures 
required for participation in the benefits of the Act.
    (f) Fish and Wildlife. Wild vertebrate animals that are in an 
unconfined state.
    (g) Nongame fish and wildlife. Fish and wildlife that:
    (1) Are not ordinarily taken for sport, fur, food, or commerce 
within the State except that any species legally taken for sport, fur, 
food, or commerce in some but not all parts of a State may be deemed 
nongame within any area where such taking is prohibited; and
    (2) Are not listed as endangered or threatened species under the 
Endangered Species Act of 1973 (16 U.S.C. 1531-1543); and
    (3) Are not marine mammals within the meaning of section 3(5) of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1362(5)); and
    (4) Are not domesticated species that have reverted to a feral 
existence.
    (h) Plan species. Any species or subspecies or ecologic association 
of species and subspecies which is designated to be addressed through 
actions set forth in an approved conservation plan.
    (i) Project. A definitive proposal submitted by a State and approved 
by the regional director for funding under this Act.
    (j) Regional Director. The regional director of the U.S. Fish and 
Wildlife Service or his/her designee.
    (k) Secretary. The Secretary of the Interior or his/her designee.
    (l) State. Any State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, 
Guam, the Trust Territories of the Pacific Islands, and the Commonwealth 
of the Northern Mariana Islands.



Sec. 83.2  Participant eligibility.

    Participation is limited to designated State agencies. If a State 
places primary legal authority for the conservation of fish and wildlife 
in more than one agency, the governor or chief executive of that State 
shall designate the State agency which will serve to coordinate the 
State actions under this Act. The director of each designated State 
agency shall notify the regional director, in writing, of the 
official(s) authorized to sign Federal Aid documents and of any changes 
in such authorizations.



Sec. 83.3  Allocation of funds.

    In accordance with the provisions of the Act, the allocation of 
funds to the

[[Page 742]]

States shall take into account the area and population of each State.
    (a) Area of the land and water of each State shall be as determined 
by the Department of Commerce and shall include the area of coastal and 
Great Lakes waters within each State.
    (b) Population of each State shall be the most recent population 
estimates, as determined by the Department of Commerce.



Sec. 83.4  Eligible undertakings.

    Funding under this Act may be approved by the regional director to 
carry out projects which meet the standards of substantiality as defined 
in Sec. 83.12 and which conform to one of the following:
    (a) A proposal to implement a nongame action in lieu of an approved 
conservation plan. Upon a showing of need, a State may request funding 
under this Act before a conservation plan is approved. Such a proposal 
must:
    (1) Be for the purpose of conserving, restoring, or otherwise 
benefitting nongame fish and wildlife, its habitats or its users;
    (2) Comply with standards contained in the Federal Aid Manual; and
    (3) Consist of work to be accomplished before October 1, 1986.
    (b) A proposal to develop or maintain a conservation plan. The 
designated State agency may apply for funding of a project for 
developing a conservation plan, coordinating or consolidating a 
conservation plan with other plans, or maintaining a previously approved 
conservation plan. State costs incurred later than September 30, 1991, 
for the development of a conservation plan cannot be approved for 
funding.
    (c) A proposal to implement actions described in an approved 
conservation plan. Such a proposal specifies and requests funding to 
cover one or more of the nongame actions described in the approved 
conservation plan.



Sec. 83.5  Limitations.

    The following limitations shall apply to the eligibility of projects 
for funding under the Act:
    (a) Of the total estimated costs for any project proposed under this 
Act, not less than 80 percent shall be for work or activities for the 
principal benefit of nongame fish and wildlife resources or of the 
public use of these resources.
    (b) Upon approval of a conservation plan, all projects must be 
limited to actions required for implementing or revising the plan or for 
coordinating or consolidating the plan with other plans.
    (c) Not more than 10 percent of the costs of any project which is 
carried out in lieu of an approved conservation plan, or which is 
carried out under an approved conservation plan covering only nongame 
fish and wildlife resources, may be derived from the sale of hunting, 
fishing, and trapping licenses and from penalties (including 
forfeitures) for violations of hunting, fishing, and trapping laws of 
the State.
    (d) Not more than 10 percent of the estimated costs for projects to 
be funded shall be for law enforcement activities.
    (e) Not more than 10 percent of the cost of implementing any project 
under this Act shall be funded by in-kind contributions from third 
parties.



Sec. 83.6  Appeals.

    Any difference of opinion over the eligibility of proposed 
activities or differences arising over the conduct of work may be 
appealed to the Director. Final determinations rests with the Secretary.



Sec. 83.7  Availability of funds.

    Funds allocated to a State under the Act are available for 
obligation and expenditure during the fiscal year for which they are 
allocated and until the close of the succeeding fiscal year. For the 
purpose of this section, obligation of allocated funds occurs when a 
project agreement is approved by the Regional Director.



Sec. 83.8  Submission of proposals for funding.

    To make application for funds allocated under this Act, the State 
shall submit to the regional director an Application for Federal 
Assistance.
    (a) Each application shall contain such information as the regional 
director may require to determine if the proposed activities are in 
accordance with the Act, the provisions of this

[[Page 743]]

part, and the standards contained in the Federal Aid Manual.
    (b) Applications must be signed by the director of the designated 
State agency or the official(s) delegated to exercise the authority and 
responsibilities of such director in committing the State to 
participation under the Act.



Sec. 83.9  Conservation plans.

    A conservation plan submitted to the regional director for approval 
shall meet the requirements for substantiality set forth in 
Sec. 83.12(a) and the standards prescribed in the Federal Aid Manual, 
and shall:
    (a) Identify the species of nongame fish and wildlife, and other 
fish and wildlife deemed appropriate by the designated State agency 
which are within the State and are valued for ecological, educational, 
aesthetic, cultural, recreational, economic, or scientific benefits by 
the public;
    (b) Provide for inventory(ies) of the identified species (plan 
species) to determine:
    (1) Their population size, distribution, and range; and
    (2) The extent, condition, and location of their significant 
habitats.
    (c) Identify the significant problems which may adversely affect the 
plan species;
    (d) Determine actions which should be taken to conserve the plan 
species and their significant habitats. Actions proposed will seek to 
optimize population levels, population distributions, and human benefits 
while taking fully into account the effects on non-target species and 
user groups. The actions will utilize methods and procedures which will, 
to the maximum extent practicable, ensure the well-being and enhancement 
of the plan species;
    (e) Establish priorities for implementing the actions proposed in 
(d);
    (f) Provide for regular monitoring of the plan species and the 
effectiveness of the actions implemented;
    (g) Provide for the review of the plan and revision, if appropriate, 
at intervals of not more than 3 years;
    (h) Describe procedures by which inputs have been solicited from the 
public during plan development and by which inputs will be solicited 
during revision and implementation of the plan;
    (i) Indicate State and Federal agencies which were consulted during 
plan development and which will be consulted during plan implementation. 
If plan implementation will entail substantive cooperation with other 
agencies, an agreement describing the intended cooperation and signed by 
the involved parties must be executed before funding is authorized.



Sec. 83.10  Cost sharing.

    Federal and State participation in the costs incurred in completion 
of approved work funded by this Act shall be limited as follows:
    (a) The Federal share may not exceed:
    (1) Ninety percent of the costs for development of conservation 
plans, except after September 30, 1984, the Federal share may not exceed 
75 percent of the cost for development of conservation plans, and after 
September 30, 1991, no reimbursement may be paid under this Act for 
development of a conservation plan;
    (2) Seventy-five percent of the costs for implementing and revising 
an approved conservation plan, except the Federal share may be increased 
to 90 percent if two or more States have mutually agreed to cooperate in 
implementation projects, provided, however, that after September 30, 
1991, the Federal share may not exceed 50 percent if the conservation 
plan covers only nongame species;
    (3) Seventy-five percent of the costs incurred prior to October 1, 
1986, for projects which are not covered by an approved conservation 
plan, except the Federal share may be increased to 90 percent if two or 
more States have mutually agreed to cooperate in projects.
    (b) The State share of project costs:
    (1) May be in the form of cash or in-kind contributions, subject to 
the limitations described in Sec. 83.5 and the following conditions:
    (i) The allowability and valuation of in-kind contributions shall be 
in accordance with the provisions of OMB Circular A-102 and the policies 
and standards as described in the Federal Aid Manual.

[[Page 744]]

    (ii) Volunteers proposed by the State to provide personal services 
to be claimed as in-kind contributions must possess qualifications 
appropriate to the service to be performed. The State must attest to 
such qualifications of all such volunteers based on the volunteers' 
training, experience or employment status, or upon an endorsement 
provided by a recognized institution, agency, or professional society.
    (2) May not be derived from other Federal funds.



Sec. 83.11  Cooperation between States.

    Whenever two or more States propose to cooperate in the revision of 
a conservation plan or in a conservation action which will result in a 
higher rate of Federal costsharing, such States shall describe in 
documentation the plan or action to be jointly undertaken. The proposed 
cooperation shall:
    (a) Require each cooperating State to accept and carry out a 
substantial share of the described undertaking;
    (b) Enhance the effectiveness of or reduce the total cost in 
accomplishing the project purpose;
    (c) Be supported by a memorandum of understanding executed by the 
cooperating States.



Sec. 83.12  Project requirements.

    Each project proposed for funding under the Act shall be substantial 
in character and design and shall be in conformance with the policies 
and standards contained in the Federal Aid Manual.
    (a) A substantial project for plan development or plan maintenance 
is one which:
    (1) Provides defined objectives related to completion or revision of 
the plan, with schedules for completion;
    (2) Utilizes accepted planning techniques and appropriate 
procedures;
    (3) Provides for public involvement;
    (4) Accomplishes its purpose at a reasonable cost;
    (5) Provides assurance that, upon completion of the plan, the State 
intends to be guided by the conservation plan being developed or 
maintained.
    (b) A substantial project for implementation of approved 
conservation plans is one which:
    (1) Identifies specific conservation actions contained in the plan;
    (2) Identifies the objectives to be accomplished related to the 
needs described in the plan;
    (3) Utilizes accepted conservation and management principles, sound 
design, and appropriate procedures.
    (c) A substantial project for actions in lieu of an approved 
conservation plan is one which:
    (1) Identifies and describes a need within the purposes of the Act;
    (2) Identifies the objectives to be accomplished based on the stated 
need;
    (3) Utilizes accepted conservation and management principles, sound 
design, and appropriate procedures;
    (4) Will yield benefits which are pertinent to the identified need 
at a level commensurate with project costs.



Sec. 83.13  Application of funds provided under the Act.

    (a) Funds provided under this Act shall be applied only to 
activities or purposes approved by the regional director or contained in 
a conservation plan approved by the regional director. If otherwise 
applied, such funds must be replaced by the State to maintain 
eligibility.
    (b) Real property acquired or constructed with Federal Aid funds 
must continue to serve the purpose for which acquired or constructed:
    (1) When such property passes from management control of the 
designated State agency, either the control must be fully restored to 
the designated State agency or the real property must be replaced using 
non-Federal Aid funds. Replacement property must be of equal value at 
current market prices and with equal or commensurate nongame fish and 
wildlife benefits as the original property. The State may be granted up 
to 3 years from the date of notification by the regional director, to 
acquire replacement property before becoming ineligible.
    (2) When such property is used for purposes which interfere with the 
accomplishment of approved purposes, the violating activities must cease 
and any adverse effects resulting must be remedied.

[[Page 745]]

    (3) When such property is no longer needed or useful for its 
original purpose, and with prior approval of the regional director, the 
property shall be used or disposed of as provided in Attachment N of OMB 
Circular A-102.
    (c) Federal Aid funds shall not be used for the purpose of producing 
income. However, income producing activities incidental to 
accomplishment of approved purposes are allowable. Income derived from 
such activities shall be accounted for in the project records and its 
disposition shall be in accordance with Attachment E of OMB Circular A-
102.



Sec. 83.14  Allowable costs.

    Allowable costs are limited to those which are necessary and 
reasonable for accomplishment of the approved project or action and are 
in accordance with the cost principles of OMB Circular A-87.
    (a) All costs must be supported by source documents or other records 
as necessary to substantiate the application of funds. Such 
documentation and records are subject to review by the Secretary to 
determine the allowability of costs.
    (b) Costs incurred prior to the effective date of the project 
agreement are allowable only when specifically provided for in the 
project agreement.
    (c) Projects or facilities designated to include purposes other than 
those eligible under the Act shall provide for the allocation of costs 
among the various purposes. The method uses to allocate costs shall 
produce an equitable distribution of costs based on the relative used or 
benefits provided.



Sec. 83.15  Payments.

    Payments to the State shall be made for the Federal share of 
allowable costs incurred by the State in accomplishing approved 
projects.
    (a) Requests for payments shall be submitted on forms furnished by 
the regional director.
    (b) Payments shall be made only to the office or official specified 
by the designated State agency and authorized under the laws of the 
State to receive public funds for the State.
    (c) All payments are subject to final determination of allowability 
based on audit. Any overpayments made to the State shall be recovered as 
directed by the regional director.



Sec. 83.16  Maintenance.

    The State is responsible for maintenance of all capital improvements 
acquired or constructed with Federal Aid funds throughout the useful 
life of each improvement. Costs for such maintenance are allowable when 
provided for in approved projects. The maintenance of improvements 
acquired or constructed with non-Federal Aid funds are allowable costs 
when such improvements are necessary to accomplishment of project 
purposes as approved by the regional director, and when such costs are 
otherwise allowable by law.



Sec. 83.17  Responsibilities.

    In the conduct of activities funded under the Act, the State is 
responsible for:
    (a) The supervision of each project to assure that it is conducted 
consistent with the project documents and that it provides:
    (1) Proper and effective use of funds;
    (2) Maintenance of project records;
    (3) Timely submission of reports;
    (4) Regular inspection and monitoring of work in progress.
    (b) The selection and supervision of project personnel to assure 
that:
    (1) Adequate and competent personnel are available to carry the 
project through to a satisfactory and timely completion;
    (2) Project personnel perform the work to ensure that time schedules 
are met, projected work units are accomplished, other performance 
objectives are achieved, and reports are submitted as required.
    (c) The accountability and control of all assets to assure that they 
serve the purposes for which acquired throughout their useful life.
    (d) The compliance with all applicable Federal, State, and local 
laws.
    (e) The settlement and satisfaction of all contractual and 
administrative issues arising out of procurement entered into.

[[Page 746]]



Sec. 83.18  Records.

    The State shall maintain current and complete financial, property 
and procurement records in accordance with requirements contained in the 
Federal Aid Manual and OMB Circular A-102.
    (a) Financial, supporting documents, and all other records pertinent 
to a project shall be retained for a period of 3 years after submission 
of the final expenditure report on the project. If any litigation, 
claim, or audit was started before the expiration of the 3-year period, 
the records shall be retained until the resolution is completed. Records 
for nonexpendable property shall be retained for a period of 3 years 
following final disposition of the property.
    (b) The Secretary and the Comptroller General of the United States, 
or any of their duly authorized representatives, shall have access to 
any pertinent books, documents, papers and records of the State.



Sec. 83.19  Land control.

    The State must control lands or waters on which capital improvements 
are made with Federal Aid funds. Control may be exercised through fee 
title, lease, easement, or agreement. Control must be adequate for 
protection, maintenance, and use of the improvement throughout its 
useful life.



Sec. 83.20  Assurances.

    The State must agree to and certify that it will comply with all 
applicable Federal laws, regulations, and requirements as they relate to 
the application, acceptance, and use of Federal funds under the Act. The 
Secretary shall have the right to review or inspect for compliance at 
any time. Upon determination of noncompliance, the Secretary may 
terminate or suspend any actions or projects in noncompliance, or may 
declare the State ineligible for further participation in program 
benefits until compliance is achieved.



Sec. 83.21  Audits.

    The State is required to conduct an audit at least every two years 
in accordance with the provisions of Attachment P of OMB Circular A-102. 
Failure to conduct audits as required may result in withholding of grant 
payments or such other sanctions as the Secretary may deem appropriate.

[49 FR 30074, July 26, 1984]



PART 85--CLEAN VESSEL ACT GRANT PROGRAM--Table of Contents




                           Subpart A--General

Sec.
85.10  Purpose and scope.
85.11  Definitions.
85.12  Information collection, recordkeeping, and reporting 
          requirements.

                    Subpart B--Application for Grants

85.20  Eligible activities.
85.21  Application procedures.
85.22  Grant proposals.

                       Subpart C--Grant Selection

85.30  Grant selection criteria.
85.31  Grant selection.

            Subpart D--Conditions on Use/Acceptance of Funds

85.40  Cost sharing.
85.41  Allowable costs.
85.42  Real and personal property.
85.43  Signs and symbols.
85.44  Fee charges for use of facilities.
85.45  Public access to facilities and maintenance.
85.46  Survey and plan standards.
85.47  Program crediting.
85.48  Compliance with Federal laws, regulations, and policies.

    Authority: 16 U.S.C. 777g(c).

    Source: 59 FR 11206, Mar. 10, 1994, unless otherwise noted.



                           Subpart A--General



Sec. 85.10  Purpose and scope.

    The purpose of this part is to establish requirements for state 
participation in the Clean Vessel Act Grant Program authorized by 
Section 5604 of the Clean Vessel Act (Public Law 102-587, Subtitle F).



Sec. 85.11  Definitions.

    Terms used in this part shall have the following meaning:
    Clean Vessel Act or Act. The Clean Vessel Act (Pub. L. 102-587, 
subtitle F).

[[Page 747]]

    Coastal State. A State of the United States in, or bordering on, the 
Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island 
Sound, or one or more of the Great Lakes. The term also includes Puerto 
Rico, the Virgin Islands, Guam, and the Commonwealth of the Northern 
Mariana Islands. The term excludes Alaska and American Samoa because 
these States have a ratio of the number of recreational vessels in the 
State numbered under chapter 123 of title 46, United States Code, to 
number of miles of shoreline (as that term is defined in Sec. 926.2(d) 
of title 15, Code of Federal Regulations, as in effect on January 1, 
1991), of less than one.
    Costal waters. In the Great Lakes area, the waters within the 
territorial jurisdiction of the United States consisting of the Great 
lakes, their connecting waters, harbors, roadsteads, and estuary-type 
areas such as bays, shallows, and marshes. In other areas, those waters, 
adjacent to the shorelines, which contain a measurable percentage of sea 
water, including sounds, bays, lagoons, bayous, ponds, and estuaries.
    Coastal zone. Coastal zone has the same meaning that the term has in 
section 304(1) of the Coastal Zone Management Act of 1992 (16 U.S.C. 
1453(1)). The coastal zone consists of coastal waters (including the 
lands therein and thereunder) and the adjacent shorelands, including 
islands, transitional and intertidal areas, salt marshes, wetlands, and 
beaches. The zone extends, in Great Lakes waters, to the international 
boundary between the United States and Canada and, in other areas, 
seaward to the outer limit of the United States territorial sea. The 
zone extends inland from the shorelines only to the extent necessary to 
control shorelands and protect coastal waters.
    Construction. Activities which produce new capital improvements and 
increase the value of usefulness of existing property.
    Dump station. A facility specifically designed to receive sewage 
from portable toilets carried on vessels. Dump stations do not include 
lavatories or restrooms.
    Education/information. The education/information program, as 
identified in the technical guidelines as published in the Federal 
Register, designed to make recreational boaters aware of the 
environmental pollution problem resulting from sewage discharges from 
vessels and inform them of the location of pumpout and dump stations.
    Eligible applicant. An agency of a State designated by the Governor.
    Equitable fees. The maximum charge per pumpout is $5.00. Price 
modifications and discounts are subject to State/Federal laws concerning 
pricing.
    Facility. A pumpout station or dump station.
    Facility open to the public. (1) A Clean Vessel Act facility that is 
open and available to the public is one where the public has full and 
reasonable access to the pumpout/dump station, including:
    (i) Provision of signage visible from the water to direct boaters to 
pumpout/dump stations;
    (ii) Location of pumpouts to facilitate ease of use by all boats 
typical to that particular marina;
    (iii) Equitable fees; and
    (iv) Reasonable open periods.
    (2) To be eligible for funding under this program, both public and 
private facilities must be open to the public.
    Grant. An award of financial assistance, including cooperative 
agreements, in the form of money, or property in lieu of money, by the 
Federal Government to an eligible grantee.
    Inland State. A State which is not a coastal State. The District of 
Columbia, American Samoa and Alaska are included as inland States 
(Rationale for Samoa and Alaska being inland States can be found in 
Sec. 85.11(b) above).
    Maintenance. Those activities necessary for upkeep of a facility. 
These are activities that allow the facility to function and include 
routine recurring custodial maintenance such as housekeeping and minor 
repairs as well as the supplies, materials, and tools necessary to carry 
out the work. Also included is non-routine cyclical maintenance to keep 
facilities fully functional.
    Operation. Those activities necessary for the functioning of a 
facility to produce desired results. These are activities that make the 
facility work.
    Plans. Those plans identified in the technical guidelines as 
published in the

[[Page 748]]

Federal Register, for construction or renovation of pumpout and dump 
stations necessary to ensure that there are adequate and reasonably 
available stations to meet the needs of recreational vessels using the 
coastal waters of the State.
    Private facilities. Private facilities include those operated by the 
following:
    (1) For profit or non-profit private marinas, docks, etc.;
    (2) For profit or non-profit concessionaires, whether they are 
leased or private facilities, on public lands; or
    (3) Yacht or boating clubs, whether they are open to the public or 
members-only facilities.
    Public facilities. Public facilities include municipal, county, port 
authority, State and Federal marinas, docks, etc., operated by those 
agencies.
    Pumpout station. A facility that pumps or receives sewage from a 
type III marine sanitation device (holding tank) installed on board 
vessels.
    Reasonable open periods. This part does not specify hours, days and 
seasons, however, some suggested examples, provided no other factors are 
involved, are presented:
    (1) Pumpout/dump stations may be open during the same period the 
fuel docks are normally open.
    (2) Pumpout stations may be open when the marina is open and staff 
is present to pump out boats.
    (3) Pumpout/dump stations may be open during the hours considered to 
be normal marina business hours as adjusted by seasonal differences.
    Recreational vessel. Watercraft manufactured for operation, or 
operated, primarily for pleasure. This term includes any watercraft 
leased, rented, or chartered to another for the latter's pleasure.
    Renovation. Major rehabilitation of a facility to restore it to its 
original intended purpose.
    Surveys. Those surveys identified in the technical guidelines as 
published in the Federal Register. Surveys are designed to determine the 
number and location of all operational pumpout and dump stations at 
public and private marinas, mooring areas, docks, and other boating 
access facilities within the coastal zone. Surveys also are designed to 
determine the number of recreational vessels in coastal waters with 
holding tanks or portable toilets, and the areas of coastal waters where 
those vessels congregate.
    Type III marine sanitation device (holding tank). Any equipment for 
installation on board a vessel which is specifically designed to 
receive, retain, and discharge sewage.

[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]



Sec. 85.12  Information collection, recordkeeping, and reporting requirements.

    (a) The information collection requirements for this grant program, 
except for surveys, are those necessary to comply with 43 CFR 12 which 
include a narrative statement as identified in 85.22 Grant Proposals. 
The collection of survey information contained in this rule was approved 
by the Office of Management and Budget as required by 44 U.S.C. 3501 et 
seq., October 18, 1993, OMB No. 1018-0086, expiration date September 30, 
1996.
    (b) Record keeping requirements include the tracking of costs and 
accomplishments related to the grant as required by 43 CFR 12.60, 
monitoring and reporting program performance (43 CFR 12.80), and 
financial reporting (43 CFR 12.81).
    (c) Reporting requirements include retention and access requirements 
as required by 43 CFR 12.82.



                    Subpart B--Application for Grants



Sec. 85.20  Eligible activities.

    (a) Eligible grant activities--coastal States:
    (1) Eligible activities include identification in the coastal zone 
of all operational pumpout and dump stations, and surveys of 
recreational vessels in coastal waters with holding tanks or portable 
toilets, and the areas where those vessels congregate. Also eligible are 
costs of developing a list, including chart coordinates, of all 
operational pumpout and dump stations in the coastal zone of the State, 
for submission to the Fish and Wildlife Service.
    (2) Plans for construction and renovation of pumpout and dump 
stations in the coastal zone of the State necessary to ensure that these 
stations are

[[Page 749]]

adequate and reasonably available to meet the needs of recreational 
vessels using the coastal waters of the State. Completed Stated-funded 
plans may be submitted after the technical guidelines appear in the 
Federal Register.
    (b) Eligible grant activities--all States:
    (1) Eligible grant activities include education/information program 
to educate/inform recreational boaters about the environmental pollution 
problems resulting from sewage discharges from vessels and to inform 
them of the location of pumpout and dump stations.
    (2) Eligible grant activities include the construction, renovation, 
operation and maintenance of pumpout and dump stations, including 
floating restrooms in the water, not connected to land or structures 
connected to the land, used solely by boaters. Eligible grant activities 
also include any activity necessary to hold and transport sewage to 
sewage treatment plants, such as holding tanks, piping, haulage costs, 
and any activity necessary to get sewage treatment plants to accept 
sewage, such as installing bleed-in facilities.
    (c) Ineligible activities:
    (1) Activities that do not provide public benefits.
    (2) Enforcement activities.
    (3) Construction/renovation of upland restroom facilities.
    (4) Construction, renovation, operation and maintenance of on-site 
sewage treatment plants, such as package treatment plants and septic 
systems, and of municipal sewage treatment plants for primary and 
secondary treatment.



Sec. 85.21  Application procedures.

    (a) Eligible applicants will submit their proposals to the 
appropriate Regional Office of the U.S. Fish and Wildlife Service. 
Coastal States submitting proposals for both the coastal zone and the 
inland portion of their States, must submit two separate proposals. The 
Regional Office addresses follow:

Region 1 States Include--American Samoa, California, Commonwealth of the 
   Northern Mariana Islands, Guam, Hawaii, Idaho, Nevada, Oregon, and 
                               Washington

Division of Federal Aid, U.S. Fish and Wildlife Service, Eastside 
Federal Complex, 911 NE 11th Avenue, Portland, Oregon 97232-4181, (503) 
231-6128

    Region 2 States Include--Arizona, New Mexico, Oklahoma, and Texas

Division of Federal Aid, U.S. Fish and Wildlife Service, P.O. Box 1306, 
500 Gold Avenue SW., Albuquerque, New Mexico 87103, (505) 766-2095

 Region 3 States Include--Illinois, Indiana, Iowa, Michigan, Minnesota, 
                      Missouri, Ohio, and Wisconsin

Division of Federal Aid, U.S. Fish and Wildlife Service, Bishop Henry 
Whipple Federal Building, 1 Federal Drive, Fort Snelling, Minnesota 
55111-4056, (612) 725-3596

Region 4 States Include--Alabama, Arkansas, Florida, Georgia, Kentucky, 
  Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, 
                    Tennessee, and the Virgin Islands

Division of Federal Aid, U.S. Fish and Wildlife Service, 1875 Century 
Boulevard, Suite 324, Atlanta, Georgia 30345, (404) 679-4159

 Region 5 States Include--Connecticut, Delaware, District of Columbia, 
  Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, 
    Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia

Division of Federal Aid, U.S. Fish and Wildlife Service, 300 Westgate 
Center Drive, Hadley, Massachusetts 01035-9589, (413) 253-8501

   Region 6 States Include--Colorado, Kansas, Montana, North Dakota, 
                Nebraska, South Dakota, Utah, and Wyoming

Division of Federal Aid, U.S. Fish and Wildlife Service, 134 Federal 
Building, P.O. Box 25486, Denver, Colorado 80225
134 Union Boulevard, third floor, Lakewood, Colorado 80225, (303) 236-
7392

                     Region 7 State Includes--Alaska

Division of Federal Aid, U.S. Fish and Wildlife Service, 1011 East Tudor 
Road, Anchorage, Alaska 99503, (907) 786-3435

    (b) Proposals will be accepted for FY 1995 funds ($7.05 million) 
between the effective date and April 29, 1994. For FY 1996 and FY 1997, 
proposals will be due by May 1 of the year preceding that fiscal year 
(e.g., May 1, 1995 for FY 1996).

[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]



Sec. 85.22  Grant proposals.

    Grant proposals will consist of a narrative which identifies and 
describes the following:

[[Page 750]]

    (a) The need within the purposes of the Act (Coastal States with 
approved plans should indicate how the activities contained in the 
proposal implements the plan);
    (b) Discrete objective(s) to be accomplished during a specified time 
period that address the need(s);
    (c) Expected results or benefits from accomplishing the objectives, 
including the numbers of recreational vessels and people served;
    (d) The approach to be used in meeting the objectives, including 
specific procedures, schedules, key personnel, cooperators, grant 
location, innovative approaches, public/private partnerships, education, 
sensitive waters, public access, and estimated costs;
    (e) Amount and source of matching funds; and,
    (f) Fees for use of facility.



                       Subpart C--Grant Selection



Sec. 85.30  Grant selection criteria.

    The Director shall give priority consideration to grant proposals 
that meet the criteria listed in Subsections a-h and in the accompanying 
chart:
    (a) In coastal States that have no survey or plan, proposals to 
complete such survey and plan;
    (b) Proposals for constructing and renovating pumpout and dump 
stations without an approved plan;
    (c) In coastal States, proposals for constructing and renovating 
pumpout and dump stations in accordance with a coastal State's plan 
approved under section 5603(c) of the Clean Vessel Act, and for inland 
States, proposals for constructing and renovating pumpout and dump 
stations in accordance with an inland State's plan;
    (d) Proposals that provide for public/private partnership efforts to 
develop and operate pumpout and dump stations;
    (e) Proposals for innovative ways to increase the availability and 
use of pumpout and dump stations, e.g., where private parties put in 
more than the minimum amount;
    (f) Proposals that include an education/information component, or 
the State has an active, ongoing education program;
    (g) Proposals that benefit the waters most likely to be affected by 
the discharge of sewage from vessels, including the waters as defined in 
the technical guidelines as published in the Federal Register; and,
    (h) Proposals in areas with high vessel/pumpout or dump station 
ratios.

------------------------------------------------------------------------
                                                            Points
                                                     -------------------
                      Criteria                         Coastal   Inland
                                                        state     state
------------------------------------------------------------------------
a. Do a survey/plan.................................        50  ........
b. Construct w/no plan..............................        10         5
c. Construct with plan..............................        20        10
d. Partnership......................................        10         5
e. Innovative approach..............................         5         2
f. Education........................................         5         2
g. Sensitive area...................................         5         2
h. Low pumpout ratio................................         5         2
      Total
------------------------------------------------------------------------


[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]



Sec. 85.31  Grant selection.

    The Fish and Wildlife Service, Division of Federal Aid, will convene 
a ranking panel of Federal employees, to include representatives from 
the Service's Washington Office of the Division of Federal Aid, the 
National Oceanic and Atmospheric Administration, the Environmental 
Protection Agency, and the U.S. Coast Guard, to review, rank, and make 
funding recommendations to the Director of the Fish and Wildlife 
Service. The Director will make the selection of eligible grants by 
August 1, annually. Upon selection of a proposal the appropriate 
Regional Office will advise the successful applicant of additional 
documentation requirements.



            Subpart D--Conditions on Use/Acceptance of Funds



Sec. 85.40  Cost sharing.

    (a) The Federal share shall not exceed 75% of total costs approved 
in the grant agreement.
    (b) The provisions of 43 CFR 12.64 apply to cost sharing or matching 
requirements. Third party in-kind contributions must be necessary and 
reasonable to accomplish grant objectives and represent the current 
market value of noncash contributions furnished as part of the grant by 
another public

[[Page 751]]

agency, private organization, or individual.



Sec. 85.41  Allowable costs.

    (a) Allowable grant costs are limited to those costs that are 
necessary and reasonable for accomplishment of approved grant objectives 
and meet the applicable Federal cost principles in 43 CFR 12.60(b). 
Purchase of informational signs, program signs, and symbols designating 
pumpout and dump stations, are allowable costs.
    (b) Grants or facilities designed to include purposes other than 
those eligible under the Act shall have the costs prorated equitably 
among the various purposes. Grant funds shall only be used for the part 
of the activity related to the Clean Vessel Act.
    (c) Costs incurred prior to the effective date of the grant 
agreement are not allowable with the exception that preliminary costs 
are allowed only with the approval of the appropriate Regional Director. 
Preliminary costs may include such items as feasibility surveys, 
engineering design, biological reconnaissance, appraisals, or 
preparation of grant documents such as environmental assessments for 
compliance with the National Environmental Policy Act.



Sec. 85.42  Real and personal property.

    (a) Applicable regulations regarding acquisition, property records, 
maintenance, and disposal of real property and equipment are found in 43 
CFR 12.71 and 12.72. If questions arise regarding applicability, the 
appropriate Regional Office should be contacted.
    (b) A State shall ensure that design and installation of the 
facilities are in accordance with the technical standards identified in 
the technical guidelines as published in the Federal Register.
    (c) The State must ensure that facilities are operated and 
maintained, and that structures or related assets are used for the 
stated grant purpose.



Sec. 85.43  Signs and symbols.

    (a) Signs. Facilities must display appropriate information signs at 
pumpout and portable toilet dump stations. Such information should 
indicate fees, restrictions, hours of operation, operating instructions, 
a contact name and 1-800-ASK-FISH telephone number for boaters to get 
additional information or to report an inoperable facility.
    (b) Pumpout symbol. (1) At appropriate times, to increase public 
awareness of the Clean Vessel Act Pumpout Grant Program, use a pumpout 
symbol according to Service specifications. Use the pumpout symbol as 
follows:
    (i) As a sign at the entrance to a marina advertising the presence 
of a pumpout and/or portable toilet dump station;
    (ii) As a directional sign within a marina;
    (iii) As a sign at a pumpout and/or portable toilet dump station;
    (iv) As a symbol on educational and informational material; and
    (v) For other uses as appropriate to advance the purposes of the 
Clean Vessel Act.
    (2) To avoid confusion with having two symbols, use the selected 
symbol both for pumpout stations and portable dump stations. The Service 
encourages the use of this symbol as it is not copyrighted. The NOAA NOS 
magenta ``P'' within a magenta circle will continue to be used on 
nautical charts to identify the location of pumpout and portable toilet 
dump stations. NOAA will include information about the selected pumpout 
symbol in the U.S. Coast Pilots, a supplement to the charts, to relate 
this symbol to the NOAA Nautical Chart magenta ``P'' and circle.
    (3) All recipients identified in Sec. 85.11 should display the 
appropriate pumpout symbol on facilities, such as pumpout and portable 
toilet dump stations, or on printed material or other visual 
representations relating to project accomplishments or education/
information, and should encourage others to do so. Sub-recipients also 
should display the symbol and should encourage use by others for the 
purposes stated in this paragraph (b)(3).
    (4) The Service encourages other persons or organizations, such as 
marinas with pumpout stations not constructed with Clean Vessel Act 
funds, to use the symbol to advance the purposes of the Clean Vessel Act 
program.

[[Page 752]]

    (5) The following specifications shall apply: The symbol is black, 
the background is white, and the border is international orange. There 
is no standard for the black and white, but use black and white colors, 
not shades. The standards for the international orange color is as 
follows: For day boards (signs), use retroflective international orange 
film. For paint, use international orange conforming to FED-STD 595B, 
chip number 12197 in daylight conditions. For inks, use Pantone Matching 
System color chart 179C. In order to ensure visibility after dark, use 
reflectorized film or paint, and/or artificial illumination. Pumpout 
symbol technical specifications to construct signs and for other 
purposes are available upon request.
    (6) The following rules govern the graphic reproduction of the 
symbol:
    (i) Do not use a smaller than legible symbol.
    (ii) If you reduce or enlarge the symbol, maintain the same 
proportions.
    (iii) Do not obscure the symbol by overprinting.
    (iv) Do not place the symbol where it will be split by unlike 
backgrounds.
    (v) Do not place the symbol on a background that is highly textured 
or patterned.
    (vi) When appropriate, for economical reasons, depict the symbol in 
one-color (black) with a white background, rather than two-color 
(international orange and black) with white background.
    (7) The pumpout symbol follows:
    [GRAPHIC] [TIFF OMITTED] TR27AU97.010
    
    (c) Qualifying signs. (1) In conjunction with the symbol, you may 
use other qualifying signs below the symbol, either on the same sign or 
on a separate sign.
    (i) You may place the message ``P PUMP OUT'', ``P PUMPOUT STATION'', 
``P PORTABLE TOILET DUMP STATION'', or other appropriate qualifier, 
beneath the symbol. Place the magenta-colored ``P'' and circle in front 
of the message to relate the pumpout symbol to the NOAA NOS

[[Page 753]]

nautical charts. Messages may be appropriate for several years until the 
symbol is understood without the message. When appropriate, substitute a 
black ``P'' and circle for economical reasons.
    (ii) You may place directional arrows beneath the symbol to indicate 
the direction of pumpout or portable toilet dump station facilities.
    (2) The following specifications shall apply: Symbols, such as 
directional arrows, and letters, are black, and the background is white. 
For using inks to create the magenta color, use PMS color chart 259U. 
Letters and black and white colors shall follow the Federal Highway 
Administration's Manual on Uniform Traffic Control Devices for Streets 
and Highways (MUTCD), FHWA, 1988. The Superintendent of Documents, U.S. 
Government Printing Office, Washington, DC 20402, provides for sale 
copies of the 1988 MUTCD, including Revision No. 3, dated September 3, 
1993, Stock No. 050-001-00308-2.
    (3) The same rules governing the graphic reproduction of the pumpout 
symbol, as described in paragraph (b)(6) of this section, shall apply to 
qualifying signs.
    (d) Pumpout slogan. (1) Use the pumpout slogan according to Service 
specifications to help increase boater awareness of the need to use 
pumpout and dump stations to properly dispose of their boat sewage. Use 
the slogan in conjunction with the pumpout symbol, on educational/
informational material, and for other uses as appropriate to advance the 
purposes of the Clean Vessel Act. The slogan is not copyrighted, and the 
Service encourages its appropriate use.
    (2) All recipients identified in Sec. 85.11 should display the 
pumpout slogan on facilities, such as pumpout and portable toilet dump 
stations as appropriate, and on printed material or other visual 
representations relating to project accomplishments or education/
information, and should encourage others to do so. Sub-recipients should 
display the slogan for purposes as stated above and should encourage 
others to do so.
    (3) The Service encourages other persons or organizations, such as 
marinas with pumpout stations not constructed with Clean Vessel Act 
funds, to use the slogan to advance the purposes of the Clean Vessel Act 
program.
    (4) The following specifications shall apply: Letters are black and 
background is white. The same reference under specifications for 
Qualifying Signs in paragraph (c)(2) of this section shall apply.
    (5) The same rules governing the graphic reproduction of the pumpout 
symbol, as described in paragraph (b)(6) of this section, shall apply to 
the pumpout slogan.
    (6) The pumpout slogan follows:


KEEP OUR WATER CLEAN--USE PUMPOUTS

    (e) All information signs, pumpout symbol, qualifying signs, and 
pumpout slogan identified in this section and the crediting logo 
identified in Sec. 85.47, inform and educate boaters. Therefore, use the 
signs, symbol, slogan and logo as appropriate. For instance, a sign on 
the water directing boaters to a pumpout may only need the pumpout 
symbol, and a qualifying sign beneath, e.g., an arrow, and possibly the 
words ``PUMPOUT STATION''. For pumpout and dump stations, the pumpout 
symbol, slogan, information signs, including all information in 
paragraph (a) of this section, and the crediting and State logo may be 
appropriate. If desirable, add qualifying signs. Position a legible 
sign, symbol and logo either on the pumpout/dump station, on a separate 
sign, or both, for the greatest effect in informing and educating 
boaters. For other products such as print and video public service 
announcements, brochures, etc., the placement of symbols, etc. depends 
on space availability. The following order of priority dictates the 
order of use under limited space conditions: the pumpout symbol, slogan, 
1-800-ASK-FISH telephone number and Sport Fish Restoration crediting 
logo. Add other information as appropriate. Use judgement when placing 
information on signs so as not to confuse the reader. Display the 
symbol, logo, slogan and information signs in the appropriate locations. 
To reduce wind drag when bolting signs on pilings, it was found helpful 
in the Northeast to make signs taller than wider.

[[Page 754]]

Symbol or logo size may vary. However, if you reduce or enlarge the 
symbol, maintain the same proportions.

[62 FR 45348, Aug. 27, 1997]



Sec. 85.44  Fee charges for use of facilities.

    A maximum of a $5.00 fee may be charged, with no justification, for 
use of pumpout facilities constructed, operated or maintained with grant 
funds. If higher fees are charged, they must be justified before the 
proposal can be approved. Such proceeds shall be retained, accounted 
for, and used by the operator to defray operation and maintenance costs 
as long as the facility is needed and it serves its intended purpose. 
The maximum fee shall be evaluated for inflation, etc., each year.



Sec. 85.45  Public access to facilities and maintenance.

    All recreational vessels must have access to pumpout and dump 
stations funded under this grant program. Facilities shall be operated, 
maintained, and continue to be reasonably accessible to all recreational 
vessels for the full period of their useful life.



Sec. 85.46  Survey and plan standards.

    (a) Survey standards. (1) Surveys should be conducted according to 
the technical guidelines as published in the Federal Register.
    (2) Surveys may be conducted Statewide, if necessary, to obtain 
information on boats using the coastal zone.
    (b) Plan standards. Plans should be developed according to the 
technical guidelines as published in the Federal Register.



Sec. 85.47   Program crediting.

    (a) Crediting logo. As the source of funding for Clean Vessel Act 
facilities, the Sport Fish Restoration program should get credit through 
use of the Sport Fish Restoration logo. Grant recipients may us the 
crediting logo identified in 50 CFR 80.26 to identify projects funded by 
the Clean Vessel Act. The Sport Fish Restoration logo follows:
[GRAPHIC] [TIFF OMITTED] TR27AU97.011


[[Page 755]]


    (b) Recipient logo display. Grant recipients are authorized to 
display the Sport Fish Restoration logo. Section 85.11 identifies 
recipients eligible to display the appropriate logo according to 50 CFR 
80.26. Display includes on pumpout and portable toilet dump stations 
that grantees acquire, develop, operate or maintain by these grants, or 
on printed material or other visual representations relating to project 
accomplishments or education/information. Display the logo in the 
appropriate location, according to Sec. 85.43(e). Symbol or logo size 
may vary. However, if your reduce or enlarge the symbol, maintain the 
same proportions. Recipients may require sub-recipients to display the 
logo.
    (c) Other display of logo. Other persons or organizations may use 
the logo for purposes related to the Federal Aid Clean Vessel Act 
program as authorized in 50 CFR 80.26.
    (d) Crediting language. Suggested examples of language to use when 
crediting the Clean Vessel Act follow:
    (1) Example 1. The Sport Fish Restoration Program funded this 
pumpout facility through your purchase of fishing equipment and 
motorboat fuels.
    (2) Example 2. The Sport Fish Restoration Program funded this 
construction through your purchase of fishing equipment and motorboat 
fuels.
    (3) Example 3. The Sport Fish Restoration Program funded the 
production of this pamphlet through your purchase of fishing equipment 
and motorboat fuels.
    (e) Logo colors. Option 1 in paragraph (e)(1) of this section 
describes the preferred logo colors. Use Options 2 or 3 in paragraph 
(e)(2) or (e)(3) of this section when necessary or to reduce costs. Do 
not attempt to match these Pantone Matching Systems (PMS) colors with 
combinations of screened process colors.
    (1) Option 1. When printed 100 percent on a white background, use 
PMS 348.
    (2) Option 2. When using four-color process printing, print the 
symbol in 100 percent black on a white background.
    (3) Option 3. When it is not possible to follow the specifications 
of Options 1 or 2 in paragraph (e)(1) or (e)(2) of this section, print 
the logo in any 100 percent solid dark color on a contrasting light 
background.

[62 FR 45350, Aug. 27, 1997]



Sec. 85.48  Compliance with Federal laws, regulations, and policies.

    (a) In accepting Federal funds, State representatives must agree to 
and certify compliance with all applicable Federal laws, regulations, 
and policies. This is done by submitting an assurances statement that 
describes the compliance requirements for Federal grants.
    (b) Compliance with environmental and other laws, as defined in 
Service Manual 523 FW Chapter 1, may require additional documentation. 
Consult with Regional Offices for specific applicability.
    (c) For method of payment, refer to 43 CFR part 12, 31 CFR part 205, 
and any other regulations referenced in these parts.

[[Page 756]]



                 SUBCHAPTER G--MISCELLANEOUS PROVISIONS





PART 90--FEEDING DEPREDATING MIGRATORY WATERFOWL--Table of Contents




                         Subpart A--Introduction

Sec.
90.1  General.
90.2  Scope of regulations.

                     Subpart B--Use of Surplus Grain

90.11  Statutory provisions.
90.12  Interpretation.
90.13  Policy.
90.14  Waterfowl depredation complaints; where filed.
90.15  Criteria to govern approval of applications.
90.16  Actions following investigation.
90.17  Compliance with other regulations.

    Authority: 70 Stat. 492, 7 U.S.C. 443.

    Source: 38 FR 6675, Mar. 12, 1973, unless otherwise noted.



                         Subpart A--Introduction



Sec. 90.1  General.

    Any person having an interest in a crop and who is suffering damage 
due to depredations by migratory waterfowl may file a complaint and 
apply for surplus grain for use in feeding programs to augment the 
natural source of food available to migratory waterfowl to aid in the 
prevention of crop damage by such birds, as provided for in these 
regulations.



Sec. 90.2  Scope of regulations.

    The provisions of this part supplement 70 Stat. 492, 7 U.S.C. 442-
445.



                     Subpart B--Use of Surplus Grain



Sec. 90.11  Statutory provisions.

    Section 1 of the Act of July 3, 1956, as amended (70 Stat. 492; 7 
U.S.C. 442-445) provides that the Commodity Credit Corporation shall 
make available to the Secretary of the Interior such wheat, corn, or 
other grains, acquired through price support operations and certified by 
the Corporation to be available for purposes of the Act or in such 
condition through spoilage or deterioration as not to be desirable for 
human consumption, as the Secretary shall requisition for the purpose of 
preventing crop damage by migratory waterfowl. Section 2 of the Act 
provides that, upon a finding that any area in the United States is 
threatened with damage to farmers' crops by migratory waterfowl, the 
Secretary is authorized and directed to requisition from the Commodity 
Credit Corporation and to make available to Federal, State, or local 
governmental bodies or officials, or to private organizations or 
persons, such grain acquired by the Corporation through price support 
operations in such quantities and subject to such regulations as the 
Secretary determines will most effectively lure migratory waterfowl away 
from crop depredations and at the same time not expose such migratory 
waterfowl to shooting over areas to which the waterfowl have been lured 
by such feeding programs.



Sec. 90.12  Interpretation.

    The authorization contained in the Act limits the availability of 
grain acquired through price support operations to the prevention of 
crop damage by migratory waterfowl (brant, wild ducks, geese, and swans) 
and such grain may not be made available for the feeding of any other 
species of migratory birds, whether or not such other species of 
migratory birds are committing or threatening to commit crop damage. 
Further, the Act does not authorize the use of such grain to conduct a 
migratory waterfowl feeding program for the purpose of augmenting 
natural sources of food available to migratory waterfowl, nor for any 
purpose incident to migratory waterfowl management not related to the 
prevention of crop damage. Accordingly, such grain shall not be made 
available pursuant to the Act to augment or to substitute for natural 
sources of migratory waterfowl food except as may be determined by the 
Secretary to be necessary to aid in the prevention of crop damage by 
such birds.

[[Page 757]]



Sec. 90.13  Policy.

    Whenever it is found necessary to conduct feeding programs under 
this section for the purposes of preventing crop damage by migratory 
waterfowl, it shall be the policy of the Secretary for the purposes of 
economy and efficiency to accord preference to feeding programs proposed 
to be executed through the placement of grain upon wildlife management 
areas or other lands or waters owned, leased, or otherwise controlled by 
an agency of the United States or a State.



Sec. 90.14  Waterfowl depredation complaints; where filed.

    Any person having an interest in crops being damaged or threatened 
with damage by migratory waterfowl in circumstances meeting the criteria 
prescribed in Sec. 90.15 may make application for grain for use in 
luring such waterfowl away from such crops by submitting a written 
request to the Regional Director of the U.S. Fish and Wildlife Service 
regional office having administrative jurisdiction over the wildlife 
activities in the State where the affected crops are located. (See 
Sec. 2.2 for geographical jurisdiction and addresses of regional 
offices.) Such applications may be in letter form but must contain 
information disclosing the location, nature, condition and extent of the 
crops being damaged or threatened, and the particular species of 
migratory waterfowl committing or threatening to commit damage. For the 
purposes of this section any authorized official of Federal, State, or 
local governmental body shall be deemed to be a ``person'' and to have 
such an interest in crops threatened with damages as to qualify him as 
an applicant.



Sec. 90.15  Criteria to govern approval of applications.

    Upon receipt of a written application for such grain for use in 
preventing crop depredations, the Regional Director shall promptly cause 
an investigation to be made, when necessary, to determine whether the 
applicant is in fact entitled to have such grain made available for such 
purposes. Whenever feasible the required investigation shall be made 
jointly by a representative of the game department of the State in which 
the affected crops are located and a representative of the Regional 
Director. When conducting such investigations, each of the factors set 
forth in paragraphs (a) to (d) of this section shall be considered 
separately. An application for grain shall not be approved if it is 
determined that one or more of these factors minimizes the extent of 
crop damage or provides another effective method of preventing the 
complained of damage.
    (a) The migratory waterfowl committing or threatening to commit crop 
damage must be predominantly of a species which are susceptible of being 
effectively lured away from the crops by the use of such grain.
    (b) The crop damage or threatened crop damage must be substantial in 
nature (when measured by the extent and potential value of the crops 
involved and the number of birds threatening damage); and must affect 
growing crops or mature unharvested crops that are in such condition as 
to be marketable or have value as feed for livestock or other purposes 
of material value to the applicant.
    (c) It must be shown that the damage or threat of damage cannot be 
abated through the exercise of any of the privileges granted in permits 
authorized by this chapter I to frighten or otherwise herd migratory 
waterfowl away from affected crops.
    (d) During an open hunting season, it must be shown that the area 
affected by crop damage has been and is now open to public hunting and 
there has been a clear demonstration that such hunting is ineffective, 
and cannot be made effective, to prevent crop damage on such area.



Sec. 90.16  Actions following investigation.

    Upon receipt of a report and recommendations based upon an 
investigation conducted under Sec. 90.15, the Secretary shall make a 
determination that the applicant meets the qualifications for receiving 
grain. He shall then determine the quantity of grain, either bagged or 
in bulk, to be made available; the means of transportation; and the 
point of delivery in the vicinity of the crop damage. Before receiving 
delivery of such grain the applicant shall

[[Page 758]]

execute and deliver to any officer authorized to enforce this part 
written assurances as follows:
    (a) That grain made available to him under this part will be used 
exclusively for the prevention and abatement of crop damage by migratory 
waterfowl and that no portion of such grain will be sold, donated, 
exchanged, or used as feed for livestock or other domestic animals or 
for any other purpose;
    (b) That consent is granted to any officer authorized to enforce 
this part, to inspect, supervise or direct the placement and 
distribution of grain made available under this part for the prevention 
of crop damage at all reasonable times;
    (c) That free and unrestricted access over the premises on which 
feeding operations have been or are to be conducted shall be permitted 
at all reasonable times, by any officer authorized to enforce this part 
and that such information as may be required by the officer will be 
promptly furnished; and
    (d) That the applicant will not take, nor permit his agents, 
employees, invitees, or other persons under his control to take 
migratory game birds on or over any lands or waters subject to his 
control, during the time such grain is placed, exposed, deposited, 
distributed, scattered, or present upon such lands or waters, nor for a 
period of 10 days immediately following the consumption or removal of 
such grain from such lands or waters.



Sec. 90.17  Compliance with other regulations.

    Nothing in this subpart shall be construed to supersede or modify 
any regulations relating to the hunting of migratory game birds, nor to 
permit the transportation, installation or use of grain contrary to any 
applicable Federal, State, or local laws or regulations.



PART 91--MIGRATORY BIRD HUNTING AND CONSERVATION STAMP CONTEST--Table of Contents




                         Subpart A--Introduction

Sec.
91.1  Purpose of regulations.
91.2  Definitions.
91.3  Public attendance at contest.
91.4  Eligible species.

             Subpart B--Procedures for Entering the Contest

91.11  Contest deadlines.
91.12  Contest eligibility.
91.13  Technical requirements for design and submission of entry.
91.14  Restrictions on subject matter to entry.
91.15  Suitability of entry for engraving.
91.16  Submission procedures for entry.
91.17  Property insurance for entries.
91.18  Failure to comply with contest regulations.

           Subpart C--Procedures for Administering the Contest

91.21  Selection and qualification of contest judges.
91.22  Display of entries for contest.
91.23  Scoring criteria for contest.
91.24  Contest procedures.

                   Subpart D--Post-Contest Procedures

91.31  Return of entries after contest.

    Authority: 5 U.S.C. 301; 16 U.S.C. 718j; 31 U.S.C. 9701.

    Source: 53 FR 16344, May 6, 1988, unless otherwise noted.



                         Subpart A--Introduction



Sec. 91.1  Purpose of regulations.

    (a) The purpose of these regulations is to establish procedures for 
selecting a design that will be used for the annual Migratory Bird 
Hunting and Conservation Stamp (Federal Duck Stamp).
    (b) All individuals entering the contest must comply with these 
regulations. A copy of the regulations along with the Reproduction 
Rights and Display and Participation Agreements may be requested from 
the Federal Duck Stamp Office, U.S. Fish and Wildlife Service, 
Department of the Interior, Washington, DC 20240.
    (c) All contestants from the most recent contest will be sent a copy 
of the regulations, the Display and Participation Agreement, and the 
Reproduction Rights Agreement.

[56 FR 22815, May 16, 1991]



Sec. 91.2  Definitions.

    Contest Coordinator-- the contest official responsible for 
overseeing the

[[Page 759]]

judges' scores for each entry. The contest coordinator will be named by 
the Secretary of the Interior and will not be a past or present employee 
of the Fish and Wildlife Service.
    Display and participation agreement--a document that each contestant 
must complete, sign and submit with the entry. The signed agreement 
permits the Service to display the entry at various locations for 
promotional purposes, and requires the artist to participate in events 
in behalf of the Federal Duck Stamp Program.
    Qualifying entry-- each original work of art submitted to the 
contest that satisfies the requirements outlined in subpart B.
    Reproduction rights agreement--a document that each contestant must 
sign and submit with the entry. The signed agreement certifies that the 
entry is an original work of art and stipulates how the Fish and 
Wildlife Service may use the winning entry.

[53 FR 16344, May 6, 1988, as amended at 56 FR 22815, May 16, 1991]



Sec. 91.3  Public attendance at contest.

    All phases of the voting process will be open for viewing by the 
general public.



Sec. 91.4  Eligible species.

    Five or fewer of the species listed below will be identified as 
eligible each year; those eligible species will be provided to each 
contestant with the information provided in Sec. 91.1.

    (a) Whistling-Ducks. (1) Fulvous Whistling-Duck (Dendrocygna 
bicolor)
    (2) Black-bellied Whistling-Duck (Dendrocygna autumnalis)
    (b) Swans. (1) Trumpeter Swan (Cygnus buccinator)
    (2) Tundra Swan (Cygnus columbianus)
    (c) Geese. (1) Greater White-fronted Goose (Anser albifrons)
    (2) Snow Goose (including bluephase) (Chen caerulescens)
    (3) Ross' Goose (Chen rossii)
    (4) Emperor Goose (Chen canagica)
    (5) Canada Goose (Branta canadensis)
    (d) Brant. (1) Brant (Branta bernicla)
    (e) Dabbling Ducks. (1) Wood Duck (Aix sponsa)
    (2) American Widgeon (Anas americana)
    (3) Gadwall (Anas strepera)
    (4) American Green-winged Teal (Anas crecca carolinensis)
    (5) Mallard (Anas platyrhynchos)
    (6) Mottled Duck (Anas fulvigula)
    (7) American Black Duck (Anas rubripes)
    (8) Northern Pintail (Anas acuta)
    (9) Blue-winged Teal (Anas discors)
    (10) Cinnamon Teal (Anas cyanoptera)
    (11) Northern Shoveler (Anas clypeata)
    (f) Diving Ducks. (1) Canvasback (Aythya valisineria)
    (2) Redhead (Aythya americana)
    (3) Ring-necked Duck (Aythya collaris)
    (4) Greater Scaup (Aythya marila)
    (5) Lesser Scaup (Aythya affinis)
    (g) Sea-Ducks. (1) Common Eider (Somateria mollissima)
    (2) King Eider (Somateria spectabilis)
    (3) Spectacled Eider (Somateria fischeri)
    (4) Steller's Eider (Polysticta stelleri)
    (5) Harlequin Duck (Histrionicus histrionicus)
    (6) Oldsquaw (Clangula hyemalis)
    (7) Black Scoter (Melanitta nigra)
    (8) Surf Scoter (Melanitta perspicillata)
    (9) White-winged Scoter (Melanitta fusca)
    (10) Bufflehead (Bucephala albeola)
    (11) Barrow's Goldeneye (Bucephala islandica)
    (12) Common Goldeneye (Bucephala clangula)
    (h) Mergansers. (1) Hooded Mergansers (Lophodytes cucullatus)
    (2) Red-breasted Merganser (Mergus serrator)
    (3) Common Merganser (Mergus merganser)
    (i) Stiff Tails. (1) Ruddy Duck (Oxyura jamaicensis)

[53 FR 16344, May 6, 1988, as amended at 56 FR 22815, May 16, 1991; 61 
FR 25155, May 20, 1996]



             Subpart B--Procedures for Entering the Contest



Sec. 91.11  Contest deadlines.

    (a) The contest will officially open on July 1 of each year.

[[Page 760]]

    (b) Entries must be postmarked no later than midnight, September 15.

[53 FR 16344, May 6, 1988, as amended at 61 FR 25155, May 20, 1996; 62 
FR 24845, May 7, 1997]



Sec. 91.12  Contest eligibility.

    United States citizens, nationals, or resident aliens are eligible 
to participate in the contest. Any person who has won the contest during 
the preceding three years will be ineligible to submit an entry in the 
current year's contest. All entrants must be 18 years of age as of July 
1 to participate in the Federal Duck Stamp Contest. Contest judges and 
their relatives are ineligible to submit an entry. All entrants must 
submit a non-refundable fee of $100.00 by a cashiers check, certified 
check, or money order made payable to: U.S. Fish and Wildlife Service. 
(Personal checks will not be accepted.) All entrants must submit signed 
Reproduction Rights and Display and Participation Agreements.

[61 FR 25155, May 20, 1996]



Sec. 91.13  Technical requirements for design and submission of entry.

    The design must be a horizontal drawing or painting seven (7) inches 
high and ten (10) inches wide. The entry may be drawn in any medium 
desired by the contestant and may be in either multicolor or black and 
white. No scrollwork, lettering, bird band numbers, signatures or 
initials may appear on the design. Each entry must be matted (over only) 
with a nine (9) inch by twelve (12) inch white mat, one (1) inch wide, 
and the entire entry cannot exceed one quarter (\1/4\) inch in total 
thickness. Entries must not be framed, under glass, or have a protective 
covering that is attached to the entry.

[62 FR 24845, May 7, 1997]



Sec. 91.14  Restrictions on subject matter to entry.

    A live portrayal of any bird(s) of the five or fewer identified 
eligible species must be the DOMINANT feature of the design. The design 
may depict more than one of the eligible species, Designs may include, 
but are not limited to, hunting dogs, hunting scenes, use of waterfowl 
decoys, National Wildlife Refuges as the background of habitat scenes, 
and other designs that depict the sporting, conservation, stamp 
collecting and other uses of the stamp. The overall mandate will be to 
select the best design that will make an interesting, useful and 
attractive duck stamp that will be accepted and prized by hunters, stamp 
collectors, conservationists, and others. The design must be the 
contestant's original ``hand drawn'' creation. The entry design may not 
be copied or duplicated from previously published art, including 
photographs. Photographs, computer-generated art, art produced from a 
computer printer or other computer/mechanical output device (airbrush 
method excepted) are not eligible to be entered into the contest and 
will be disqualified. An entry submitted in a prior contest that was not 
selected for the Federal or a state stamp design may be submitted in the 
current contest if it meets the above criteria.

[62 FR 24845, May 7, 1997]



Sec. 91.15  Suitability of entry for engraving.

    All entries should be drawn with fullest attention to clarity of 
detail and the relationship of tonal values. These prerequisites are 
important to interpret pictorial elements to hand engraving for 
printing, as they determine the engraved line techniques and direction. 
The engraver relies on the accuracy of the artist's work for successful 
interpretation. The engraver is primarily responsible for line 
interpretation and discipline, creating the miniature image of bird(s) 
appearing on the stamp.

[56 FR 22815, May 16, 1991]



Sec. 91.16  Submission procedures for entry.

    (a) Each contestant may submit only one entry. Each entry must be 
accompanied by a non-refundable entrance fee and a completed and signed 
Reproduction Rights Agreement and a completed and signed Display and 
Participation Agreement. The bottom portion of the Reproduction Rights 
Agreement must be attached to the back of the entry.

[[Page 761]]

    (b) Each entry should be appropriately wrapped to protect the art 
work and sent by registered mail, certified mail, express mail, 
overnight delivery service or hand delivered to: Federal Duck Stamp 
Office, U.S. Fish and Wildlife Service, Suite 2058, Department of the 
Interior, Washington, DC 20240.

[56 FR 22815, May 16, 1991]



Sec. 91.17  Property insurance for entries.

    Each contestant is responsible for obtaining adequate insurance 
coverage for his/her entry. The Department of the Interior will not 
insure the entries it receives nor is it responsible for loss or damage 
unless it is caused by its negligence or willful misconduct. In any 
event, the liability of the Department of the Interior will not exceed 
the amount of the entry fee as specified in Sec. 91.12.

[61 FR 25156, May 20, 1996]



Sec. 91.18  Failure to comply with contest regulations.

    Any entry that does not comply with the requirements of subpart B 
will be disqualified from the contest.



           Subpart C--Procedures for Administering the Contest



Sec. 91.21  Selection and qualification of contest judges.

    (a) Selection. Five voting judges and one alternate judge will be 
selected annually by the Secretary of the Interior. Current employees of 
the Fish and Wildlife Service and their relatives are ineligible to 
serve as judges for the contest. The judges will be reimbursed for 
reasonable travel expenses. The judges will be announced on the first 
day of the contest.
    (b) Qualifications. The panel of five judges will be made up of 
individuals, all of whom have one or more of the following 
prerequisites: recognized art credentials, knowledge of the anatomical 
makeup and the natural habitat of the eligible waterfowl species, an 
understanding of the wildlife sporting world in which the Duck Stamp is 
used, an awareness of philately and the role the Duck Stamp plays in 
stamp collecting, and demonstrated support for the conservation of 
waterfowl and wetlands through active involvement in the conservation 
community.

[56 FR 22816, May 16, 1991]



Sec. 91.22  Display of entries for contest.

    All eligible entries will be displayed in the Department of the 
Interior auditorium in numerical order. The only visible identification 
on each entry will be the number assigned to it in chronological order 
when it is received and processed by the Service.



Sec. 91.23  Scoring criteria for contest.

    Entries will be judged on the basis of anatomical accuracy, artistic 
composition and suitability for engraving in the production of a stamp.



Sec. 91.24  Contest procedures.

    (a) The day before the judging begins, the judges will be briefed on 
all aspects of the judging procedures and other details of the 
competition, and will preview all eligible artwork entered.
    (b) Prior to the first round of judging, and prior to the opening of 
the contest to the public, the judges will spend an additional two hours 
reviewing the entries.
    (c) In the first round of judging, all qualified entries will be 
shown one at a time to the judges by the Contest Coordinator or a 
contest staff member. The judges will vote ``in'' or ``out'' on each 
entry; those entries receiving a majority of votes ``in'' will be 
eligible for the second round of judging. The remaining entries will be 
placed on display as a group for public viewing.
    (d) Prior to the second round of judging, each judge may select not 
more than five entries from those eliminated in the first round. Those 
additional entries selected by the judges will be eligible to be judged 
in the second round.
    (e) Prior to the second round of judging, the entries selected by 
the judges under the procedures of paragraphs (c) and (d) of this 
section will be displayed in numerical order in the front of the 
auditorium.
    (f) The technical advisors from the Department of the Interior and 
the Bureau of Engraving and Printing will do a critical analysis of the 
entries that will be judged in the second round and

[[Page 762]]

advise the judges of any serious anatomical problems and/or any serious 
design problems for the engraver.
    (g) In the second round of judging, each entry selected in the first 
round, plus the additional entries selected by judges, will be shown one 
at a time to the judges by the Contest Coordinator or by a contest staff 
member. The judges will vote by indicating a numerical score from one to 
five for each entry. The scores will be totaled to provide the entry 
score. The entries receiving the five highest scores will be advanced to 
the third round of judging.
    (h) In the third round of judging, the judges will vote on the 
remaining entries using the same method as in round two, except they 
would indicate a numerical score from 3 to 5 for each entry. The Contest 
Coordinator will tabulate the final votes and present them to the 
Director, U.S. Fish and Wildlife Service, who will announce the winning 
entry as well as the entries that placed second and third.
    (i) In case of a tie vote for first, second, or third place in the 
third round, the judges will vote again on the entries that are tied. 
The judges will vote using the same method as in round three.
    (j) The selection of the winning entry by the judges will be final. 
Each contestant will be notified of the winning artist and the design. 
The winning artist will receive a pane of Duck Stamps signed by the 
Secretary of the Interior at the Federal Duck Stamp Contest the 
following year. The artists placing first, second, and third will 
receive a framed commendation from the Director of the U.S. Fish and 
Wildlife Service.

[53 FR 16344, May 6, 1988, as amended at 56 FR 22816, May 16, 1991; 61 
FR 25156, May 20, 1996]



                   Subpart D--Post-Contest Procedures



Sec. 91.31  Return of entries after contest.

    All entries will be returned by certified mail to the participating 
artists within 120 days after the contest, unless the artwork is 
selected to appear at one or more wildlife art expositions. If artwork 
is returned to the Service because it is undelivered or unclaimed (this 
may happen if an artist changes address), the Service will not be 
obligated to trace the location of the artist to return the artwork. Any 
artist who changes his or her address is responsible for notifying the 
Service of the change. All unclaimed entries will be destroyed one year 
from the date of the contest.

[56 FR 22816, May 16, 1991]

[[Page 763]]



                SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS



                         PARTS 96-99 [RESERVED]



PART 100--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA--Table of Contents




                      Subpart A--General Provisions

Sec.
100.1  Purpose.
100.2  Authority.
100.3  Applicability and scope.
100.4  Definitions.
100.5  Eligibility for subsistence use.
100.6  Licenses, permits, harvest tickets, tags, and reports.
100.7  Restriction on use.
100.8  Penalties.
100.9  Information collection requirements.

                      Subpart B--Program Structure

100.10  Federal Subsistence Board.
100.11  Regional advisory councils.
100.12  Local advisory committees.
100.13  Board/agency relationships.
100.14  Relationship to State procedures and regulations.
100.15  Rural determination process.
100.16  Customary and traditional use determination process.
100.17  Determining priorities for subsistence uses among rural Alaska 
          residents.
100.18  Regulation adoption process.
100.19  Closures and other special actions.
100.20  Request for reconsideration.
100.21  [Reserved]

                     Subpart C--Board Determinations

100.22  Subsistence resource regions.
100.23  Rural determinations.
100.24  Customary and traditional use determinations.

           Subpart D--Subsistence Taking of Fish and Wildlife

100.25  Subsistence taking of wildlife.
100.26  Subsistence taking of fish.
100.27  Subsistence taking of shellfish.

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 3551-
3586; 43 U.S.C. 1733.



                      Subpart A--General Provisions

    Source: 64 FR 1286, Jan. 8, 1999, unless otherwise noted.



Sec. 100.1  Purpose.

    The regulations in this part implement the Federal Subsistence 
Management Program on public lands within the State of Alaska.



Sec. 100.2  Authority.

    The Secretary of the Interior and Secretary of Agriculture issue the 
regulations in this part pursuant to authority vested in Title VIII of 
the Alaska National Interest Lands Conservation Act (ANILCA), 16 U.S.C. 
3101-3126.



Sec. 100.3  Applicability and scope.

    (a) The regulations in this part implement the provisions of Title 
VIII of ANILCA relevant to the taking of fish and wildlife on public 
lands in the State of Alaska. The regulations in this part do not permit 
subsistence uses in Glacier Bay National Park, Kenai Fjords National 
Park, Katmai National Park, and that portion of Denali National Park 
established as Mt. McKinley National Park prior to passage of ANILCA, 
where subsistence taking and uses are prohibited. The regulations in 
this part do not supersede agency specific regulations.
    (b) The regulations contained in this part apply on all public lands 
including all non-navigable waters located on these lands, on all 
navigable and non-navigable water within the exterior boundaries of the 
following areas, and on inland waters adjacent to the exterior 
boundaries of the following areas:
    (1) Alaska Maritime National Wildlife Refuge;
    (2) Alaska Peninsula National Wildlife Refuge;
    (3) Aniakchak National Monument and Preserve;
    (4) Arctic National Wildlife Refuge;
    (5) Becharof National Wildlife Refuge;
    (6) Bering Land Bridge National Preserve;
    (7) Cape Krusenstern National Monument;
    (8) Chugach National Forest, excluding marine waters;
    (9) Denali National Preserve and the 1980 additions to Denali 
National Park;

[[Page 764]]

    (10) Gates of the Arctic National Park and Preserve;
    (11) Glacier Bay National Preserve;
    (12) Innoko National Wildlife Refuge;
    (13) Izembek National Wildlife Refuge;
    (14) Katmai National Preserve;
    (15) Kanuti National Wildlife Refuge;
    (16) Kenai National Wildlife Refuge;
    (17) Kobuk Valley National Park;
    (18) Kodiak National Wildlife Refuge;
    (19) Koyukuk National Wildlife Refuge;
    (20) Lake Clark National Park and Preserve;
    (21) National Petroleum Reserve in Alaska;
    (22) Noatak National Preserve;
    (23) Nowitna National Wildlife Refuge;
    (24) Selawik National Wildlife Refuge;
    (25) Steese National Conservation Area;
    (26) Tetlin National Wildlife Refuge;
    (27) Togiak National Wildlife Refuge;
    (28) Tongass National Forest, including Admiralty Island National 
Monument and Misty Fjords National Monument, and excluding marine 
waters;
    (29) White Mountain National Recreation Area;
    (30) Wrangell-St. Elias National Park and Preserve;
    (31) Yukon-Charley Rivers National Preserve;
    (32) Yukon Delta National Wildlife Refuge;
    (33) Yukon Flats National Wildlife Refuge;
    (34) All components of the Wild and Scenic River System located 
outside the boundaries of National Parks, National Preserves or National 
Wildlife Refuges, including segments of the Alagnak River, Beaver Creek, 
Birch Creek, Delta River, Fortymile River, Gulkana River, and Unalakleet 
River.
    (c) The public lands described in paragraph (b) of this section 
remain subject to change through rulemaking pending a Department of the 
Interior review of title and jurisdictional issues regarding certain 
submerged lands beneath navigable waters in Alaska.



Sec. 100.4  Definitions.

    The following definitions apply to all regulations contained in this 
part:
    Agency means a subunit of a cabinet level Department of the Federal 
government having land management authority over the public lands 
including, but not limited to, the U.S. Fish & Wildlife Service, Bureau 
of Indian Affairs, Bureau of Land Management, National Park Service, and 
USDA Forest Service.
    ANILCA means the Alaska National Interest Lands Conservation Act, 
Pub. L. 96-487, 94 Stat. 2371 (codified, as amended, in scattered 
sections of 16 U.S.C. and 43 U.S.C.)
    Area, District, Subdistrict, and Section mean one of the 
geographical areas defined in the codified Alaska Department of Fish and 
Game regulations found in Title 5 of the Alaska Administrative Code.
    Barter means the exchange of fish or wildlife or their parts taken 
for subsistence uses; for other fish, wildlife or their parts; or, for 
other food or for nonedible items other than money, if the exchange is 
of a limited and noncommercial nature.
    Board means the Federal Subsistence Board as described in 
Sec. 100.10.
    Commissions means the Subsistence Resource Commissions established 
pursuant to section 808 of ANILCA.
    Conservation of healthy populations of fish and wildlife means the 
maintenance of fish and wildlife resources and their habitats in a 
condition that assures stable and continuing natural populations and 
species mix of plants and animals in relation to their ecosystem, 
including the recognition that local rural residents engaged in 
subsistence uses may be a natural part of that ecosystem; minimizes the 
likelihood of irreversible or long-term adverse effects upon such 
populations and species; ensures the maximum practicable diversity of 
options for the future; and recognizes that the policies and legal 
authorities of the managing agencies will determine the nature and 
degree of management programs affecting ecological relationships, 
population dynamics, and the manipulation of the components of the 
ecosystem.
    Customary trade means cash sale of fish and wildlife resources 
regulated in this part, not otherwise prohibited by Federal law or 
regulation, to support personal and family needs; and does

[[Page 765]]

not include trade which constitutes a significant commercial enterprise.
    Customary and traditional use means a long-established, consistent 
pattern of use, incorporating beliefs and customs which have been 
transmitted from generation to generation. This use plays an important 
role in the economy of the community.
    FACA means the Federal Advisory Committee Act, Pub. L. 92-463, 86 
Stat. 770 (codified as amended, at 5 U.S.C. Appendix II, 1-15).
    Family means all persons related by blood, marriage or adoption, or 
any person living within the household on a permanent basis.
    Federal Advisory Committees or Federal Advisory Committee means the 
Federal Local Advisory Committees as described in Sec. 100.12.
    Federal lands means lands and waters and interests therein the title 
to which is in the United States, including navigable and non-navigable 
waters in which the United States has reserved water rights.
    Fish and wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird (including any migratory, 
nonmigratory or endangered bird for which protection is also afforded by 
treaty or other international agreement), amphibian, reptile, mollusk, 
crustacean, arthropod, or other invertebrate, and includes any part, 
product, egg, or offspring thereof, or the carcass or part thereof.
    Game Management Unit or GMU means one of the 26 geographical areas 
listed under game management units in the codified State of Alaska 
hunting and trapping regulations and the Game Unit Maps of Alaska.
    Inland Waters means, for the purposes of this part, those waters 
located landward of the mean high tide line or the waters located 
upstream of the straight line drawn from headland to headland across the 
mouths of rivers or other waters as they flow into the sea. Inland 
waters include, but are not limited to, lakes, reservoirs, ponds, 
streams, and rivers.
    Marine Waters means, for the purposes of this part, those waters 
located seaward of the mean high tide line or the waters located seaward 
of the straight line drawn from headland to headland across the mouths 
of rivers or other waters as they flow into the sea.
    Person means an individual and does not include a corporation, 
company, partnership, firm, association, organization, business, trust 
or society.
    Public lands or public land means:
    (1) Lands situated in Alaska which are Federal lands, except--
    (i) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
and lands which have been confirmed to, validly selected by, or granted 
to the Territory of Alaska or the State under any other provision of 
Federal law;
    (ii) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act, 43 U.S.C. 1601 et seq., which have not 
been conveyed to a Native Corporation, unless any such selection is 
determined to be invalid or is relinquished; and
    (iii) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act, 43 U.S.C. 1618(b).
    (2) Notwithstanding the exceptions in paragraphs (1)(i) through 
(iii) of this definition, until conveyed or interim conveyed, all 
Federal lands within the boundaries of any unit of the National Park 
System, National Wildlife Refuge System, National Wild and Scenic Rivers 
Systems, National Forest Monument, National Recreation Area, National 
Conservation Area, new National forest or forest addition shall be 
treated as public lands for the purposes of the regulations in this part 
pursuant to section 906(o)(2) of ANILCA.
    Regional Councils or Regional Council means the Regional Advisory 
Councils as described in Sec. 100.11.
    Regulatory year means July 1 through June 30, except for fish and 
shellfish where it means March 1 through the last day of February.
    Reserved water right(s) means the Federal right to use 
unappropriated appurtenant water necessary to accomplish the purposes 
for which a Federal reservation was established. Reserved water rights 
include nonconsumptive and consumptive uses.
    Resident means any person who has his or her primary, permanent home

[[Page 766]]

for the previous 12 months within Alaska and whenever absent from this 
primary, permanent home, has the intention of returning to it. Factors 
demonstrating the location of a person's primary, permanent home may 
include, but are not limited to: the address listed on an Alaska 
Permanent Fund dividend application; an Alaska license to drive, hunt, 
fish, or engage in an activity regulated by a government entity; 
affidavit of person or persons who know the individual; voter 
registration; location of residences owned, rented or leased; location 
of stored household goods; residence of spouse, minor children or 
dependents; tax documents; or whether the person claims residence in 
another location for any purpose.
    Rural means any community or area of Alaska determined by the Board 
to qualify as such under the process described in Sec. 100.15.
    Secretary means the Secretary of the Interior, except that in 
reference to matters related to any unit of the National Forest System, 
such term means the Secretary of Agriculture.
    State means the State of Alaska.
    Subsistence uses means the customary and traditional uses by rural 
Alaska residents of wild, renewable resources for direct personal or 
family consumption as food, shelter, fuel, clothing, tools, or 
transportation; for the making and selling of handicraft articles out of 
nonedible byproducts of fish and wildlife resources taken for personal 
or family consumption; for barter, or sharing for personal or family 
consumption; and for customary trade.
    Take or taking as used with respect to fish or wildlife, means to 
pursue, hunt, shoot, trap, net, capture, collect, kill, harm, or attempt 
to engage in any such conduct.
    Year means calendar year unless another year is specified.



Sec. 100.5  Eligibility for subsistence use.

    (a) You may take fish and wildlife on public lands for subsistence 
uses only if you are an Alaska resident of a rural area or rural 
community. The regulations in this part may further limit your 
qualifications to harvest fish or wildlife resources for subsistence 
uses. If you are not an Alaska resident or are a resident of a non-rural 
area or community listed in Sec. 100.23, you may not take fish or 
wildlife on public lands for subsistence uses under the regulations in 
this part.
    (b) Where the Board has made a customary and traditional use 
determination regarding subsistence use of a specific fish stock or 
wildlife population, in accordance with, and as listed in, Sec. 100.24, 
only those Alaskans who are residents of rural areas or communities 
designated by the Board are eligible for subsistence taking of that 
population or stock on public lands for subsistence uses under the 
regulations in this part. If you do not live in one of those areas or 
communities, you may not take fish or wildlife from that population or 
stock, on public lands under the regulations in this part.
    (c) Where customary and traditional use determinations for a fish 
stock or wildlife population within a specific area have not yet been 
made by the Board (e.g. ``no determination''), all Alaskans who are 
residents of rural areas or communities may harvest for subsistence from 
that stock or population under the regulations in this part.
    (d) The National Park Service may regulate further the eligibility 
of those individuals qualified to engage in subsistence uses on National 
Park Service lands in accordance with specific authority in ANILCA, and 
National Park Service regulations at 36 CFR Part 13.



Sec. 100.6  Licenses, permits, harvest tickets, tags, and reports.

    (a) If you wish to take fish and wildlife on public lands for 
subsistence uses, you must be a rural Alaska resident and:
    (1) Possess the pertinent valid Alaska resident hunting and trapping 
licenses (no license required to take fish or shellfish) unless Federal 
licenses are required or unless otherwise provided for in subpart D of 
this part;
    (2) Possess and comply with the provisions of any pertinent Federal 
permits (Federal Subsistence Registration Permit or Federal Designated 
Harvester Permit) required by subpart D of this part; and

[[Page 767]]

    (3) Possess and comply with the provisions of any pertinent permits, 
harvest tickets, or tags required by the State unless any of these 
documents or individual provisions in them are superseded by the 
requirements in subpart D of this part.
    (b) If you have been awarded a permit to take fish and wildlife, you 
must have that permit in your possession during the taking and must 
comply with all requirements of the permit and the regulations in this 
section pertaining to validation and reporting and to regulations in 
subpart D of this part pertaining to methods and means, possession and 
transportation, and utilization. Upon the request of a State or Federal 
law enforcement agent, you must also produce any licenses, permits, 
harvest tickets, tags or other documents required by this section. If 
you are engaged in taking fish and wildlife under these regulations, you 
must allow State or Federal law enforcement agents to inspect any 
apparatus designed to be used, or capable of being used to take fish or 
wildlife, or any fish or wildlife in your possession.
    (c) You must validate the harvest tickets, tags, permits, or other 
required documents before removing your kill from the harvest site. You 
must also comply with all reporting provisions as set forth in subpart D 
of this part.
    (d) If you take fish and wildlife under a community harvest system, 
you must report the harvest activity in accordance with regulations 
specified for that community in subpart D of this part, and as required 
by any applicable permit conditions. Individuals may be responsible for 
particular reporting requirements in the conditions permitting a 
specific community's harvest. Failure to comply with these conditions is 
a violation of these regulations. Community harvests are reviewed 
annually under the regulations in subpart D of this part.
    (e) You may not make a fraudulent application for Federal or State 
licenses, permits, harvest tickets or tags or intentionally file an 
incorrect harvest report.



Sec. 100.7  Restriction on use.

    (a) You may not trade or sell fish and wildlife, taken pursuant to 
the regulations in this part, except as provided for in Secs. 100.25, 
100.26, and 100.27.
    (b) You may not use, sell, or trade fish and wildlife, taken 
pursuant to the regulations in this part, in any significant commercial 
enterprise.



Sec. 100.8  Penalties.

    If you are convicted of violating any provision of 50 CFR Part 100 
or 36 CFR Part 242, you may be punished by a fine or by imprisonment in 
accordance with the penalty provisions applicable to the public land 
where the violation occurred.



Sec. 100.9  Information collection requirements.

    (a) The rules in this part contain information collection 
requirements subject to Office of Management and Budget (OMB) approval 
under 44 U.S.C. 3501-3520. They apply to fish and wildlife harvest 
activities on public lands in Alaska. Subsistence users will not be 
required to respond to an information collection request unless a valid 
OMB number is displayed on the information collection form.
    (1) Section 100.6, Licenses, permits, harvest tickets, tags, and 
reports. The information collection requirements contained in Sec. 100.6 
(Federal Subsistence Registration Permit or Federal Designated Hunter 
Permit forms) provide for permit-specific subsistence activities not 
authorized through the general adoption of State regulations. Identity 
and location of residence are required to determine if you are eligible 
for a permit and a report of success is required after a harvest 
attempt. These requirements are not duplicative with the requirements of 
paragraph (a)(3) of this section. The regulations in Sec. 100.6 require 
this information before a rural Alaska resident may engage in 
subsistence uses on public lands. The Department estimates that the 
average time necessary to obtain and comply with this permit information 
collection requirement is 0.25 hours.
    (2) Section 100.20, Request for reconsideration. The information 
collection

[[Page 768]]

requirements contained in Sec. 100.20 provide a standardized process to 
allow individuals the opportunity to appeal decisions of the Board. 
Submission of a request for reconsideration is voluntary but required to 
receive a final review by the Board. We estimate that a request for 
reconsideration will take 4 hours to prepare and submit.
    (3) The remaining information collection requirements contained in 
this part imposed upon subsistence users are those adopted from State 
regulations. These collection requirements would exist in the absence of 
Federal subsistence regulations and are not subject to the Paperwork 
Reduction Act. The burden in this situation is negligible and 
information gained from these reports are systematically available to 
Federal managers by routine computer access requiring less than one 
hour.
    (b) You may direct comments on the burden estimate or any other 
aspect of the burden estimate to: Information Collection Officer, U.S. 
Fish and Wildlife Service, 1849 C Street, N.W., MS 224 ARLSQ, 
Washington, D.C. 20240; and the Desk Officer for the Interior 
Department, Office of Information and Regulatory Affairs, Office of 
Management and Budget, Washington, D.C. 20503. Additional information 
requirements may be imposed if Local Advisory Committees or additional 
Regional Councils, subject to the Federal Advisory Committee Act (FACA), 
are established under subpart B of this part. Such requirements will be 
submitted to OMB for approval prior to their implementation.



                      Subpart B--Program Structure

    Source: 64 FR 1289, Jan. 8, 1999, unless otherwise noted.



Sec. 100.10  Federal Subsistence Board.

    (a) The Secretary of the Interior and Secretary of Agriculture 
hereby establish a Federal Subsistence Board, and assign them 
responsibility for, administering the subsistence taking and uses of 
fish and wildlife on public lands, and the related promulgation and 
signature authority for regulations of subparts C and D of this part. 
The Secretaries, however, retain their existing authority to restrict or 
eliminate hunting, fishing, or trapping activities which occur on lands 
or waters in Alaska other than public lands when such activities 
interfere with subsistence hunting, fishing, or trapping on the public 
lands to such an extent as to result in a failure to provide the 
subsistence priority.
    (b) Membership. (1) The voting members of the Board are: a Chair to 
be appointed by the Secretary of the Interior with the concurrence of 
the Secretary of Agriculture; the Alaska Regional Director, U.S. Fish 
and Wildlife Service; Alaska Regional Director, National Park Service; 
Alaska Regional Forester, USDA Forest Service; the Alaska State 
Director, Bureau of Land Management; and the Alaska Area Director, 
Bureau of Indian Affairs. Each member of the Board may appoint a 
designee.
    (2) [Reserved]
    (c) Liaisons to the Board are: a State liaison, and the Chairman of 
each Regional Council. The State liaison and the Chairman of each 
Regional Council may attend public sessions of all Board meetings and be 
actively involved as consultants to the Board.
    (d) Powers and duties. (1) The Board shall meet at least twice per 
year and at such other times as deemed necessary. Meetings shall occur 
at the call of the Chair, but any member may request a meeting.
    (2) A quorum consists of four members.
    (3) No action may be taken unless a majority of voting members are 
in agreement.
    (4) The Board is empowered, to the extent necessary, to implement 
Title VIII of ANILCA, to:
    (i) Issue regulations for the management of subsistence taking and 
uses of fish and wildlife on public lands;
    (ii) Determine which communities or areas of the State are rural or 
non-rural;
    (iii) Determine which rural Alaska areas or communities have 
customary and traditional subsistence uses of specific fish and wildlife 
populations;
    (iv) Allocate subsistence uses of fish and wildlife populations on 
public lands;

[[Page 769]]

    (v) Ensure that the taking on public lands of fish and wildlife for 
nonwasteful subsistence uses shall be accorded priority over the taking 
on such lands of fish and wildlife for other purposes;
    (vi) Close public lands to the non-subsistence taking of fish and 
wildlife;
    (vii) Establish priorities for the subsistence taking of fish and 
wildlife on public lands among rural Alaska residents;
    (viii) Restrict or eliminate taking of fish and wildlife on public 
lands;
    (ix) Determine what types and forms of trade of fish and wildlife 
taken for subsistence uses constitute allowable customary trade;
    (x) Authorize the Regional Councils to convene;
    (xi) Establish a Regional Council in each subsistence resource 
region and recommend to the Secretaries, appointees to the Regional 
Councils, pursuant to the FACA;
    (xii) Establish Federal Advisory Committees within the subsistence 
resource regions, if necessary and recommend to the Secretaries that 
members of the Federal Advisory Committees be appointed from the group 
of individuals nominated by rural Alaska residents;
    (xiii) Establish rules and procedures for the operation of the 
Board, and the Regional Councils;
    (xiv) Review and respond to proposals for regulations, management 
plans, policies, and other matters related to subsistence taking and 
uses of fish and wildlife;
    (xv) Enter into cooperative agreements or otherwise cooperate with 
Federal agencies, the State, Native organizations, local governmental 
entities, and other persons and organizations, including international 
entities to effectuate the purposes and policies of the Federal 
subsistence management program;
    (xvi) Develop alternative permitting processes relating to the 
subsistence taking of fish and wildlife to ensure continued 
opportunities for subsistence;
    (xvii) Evaluate whether hunting, fishing, or trapping activities 
which occur on lands or waters in Alaska other than public lands 
interfere with subsistence hunting, fishing, or trapping on the public 
lands to such an extent as to result in a failure to provide the 
subsistence priority, and after appropriate consultation with the State 
of Alaska, the Regional Councils, and other Federal agencies, make a 
recommendation to the Secretaries for their action;
    (xviii) Identify, in appropriate specific instances, whether there 
exists additional Federal reservations, Federal reserved water rights or 
other Federal interests in lands or waters, including those in which the 
United States holds less than a fee ownership, to which the Federal 
subsistence priority attaches, and make appropriate recommendation to 
the Secretaries for inclusion of those interests within the Federal 
Subsistence Management Program; and
    (xix) Take other actions authorized by the Secretaries to implement 
Title VIII of ANILCA.
    (5) The Board may implement one or more of the following harvest and 
harvest reporting or permit systems:
    (i) The fish and wildlife is taken by an individual who is required 
to obtain and possess pertinent State harvest permits, tickets, or tags, 
or Federal permit (Federal Subsistence Registration Permit);
    (ii) A qualified subsistence user may designate another qualified 
subsistence user (by using the Federal Designated Harvester Permit) to 
take fish and wildlife on his or her behalf;
    (iii) The fish and wildlife is taken by individuals or community 
representatives permitted (via a Federal Subsistence Registration 
Permit) a one-time or annual harvest for special purposes including 
ceremonies and potlatches; or
    (iv) The fish and wildlife is taken by representatives of a 
community permitted to do so in a manner consistent with the community's 
customary and traditional practices.
    (6) The Board may delegate to agency field officials the authority 
to set harvest limits, define harvest areas, and open or close specific 
fish or wildlife harvest seasons within frameworks established by the 
Board.

[[Page 770]]

    (7) The Board shall establish a Staff Committee for analytical and 
administrative assistance composed of a member from the U.S. Fish and 
Wildlife Service, National Park Service, U.S. Bureau of Land Management, 
Bureau of Indian Affairs, and USDA Forest Service. A U.S. Fish and 
Wildlife Service representative shall serve as Chair of the Staff 
Committee.
    (8) The Board may establish and dissolve additional committees as 
necessary for assistance.
    (9) The U.S. Fish and Wildlife Service shall provide appropriate 
administrative support for the Board.
    (10) The Board shall authorize at least two meetings per year for 
each Regional Council.
    (e) Relationship to Regional Councils. (1) The Board shall consider 
the reports and recommendations of the Regional Councils concerning the 
taking of fish and wildlife on public lands within their respective 
regions for subsistence uses. The Board may choose not to follow any 
Regional Council recommendation which it determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, would be detrimental to the satisfaction of 
subsistence needs, or in closure situations, for reasons of public 
safety or administration or to assure the continued viability of a 
particular fish or wildlife population. If a recommendation is not 
adopted, the Board shall set forth the factual basis and the reasons for 
the decision, in writing, in a timely fashion.
    (2) The Board shall provide available and appropriate technical 
assistance to the Regional Councils.



Sec. 100.11  Regional advisory councils.

    (a) The Board shall establish a Regional Council for each 
subsistence resource region to participate in the Federal subsistence 
management program. The Regional Councils shall be established, and 
conduct their activities, in accordance with the FACA. The Regional 
Councils shall provide a regional forum for the collection and 
expression of opinions and recommendations on matters related to 
subsistence taking and uses of fish and wildlife resources on public 
lands. The Regional Councils shall provide for public participation in 
the Federal regulatory process.
    (b) Establishment of Regional Councils; membership. (1) The number 
of members for each Regional Council shall be established by the Board, 
and shall be an odd number. A Regional Council member must be a resident 
of the region in which he or she is appointed and be knowledgeable about 
the region and subsistence uses of the public lands therein. The Board 
shall accept nominations and recommend to the Secretaries that 
representatives on the Regional Councils be appointed from those 
nominated by subsistence users. Appointments to the Regional Councils 
shall be made by the Secretaries.
    (2) Regional Council members shall serve 3 year terms and may be 
reappointed. Initial members shall be appointed with staggered terms up 
to three years.
    (3) The Chair of each Regional Council shall be elected by the 
applicable Regional Council, from its membership, for a one year term 
and may be reelected.
    (c) Powers and Duties. (1) The Regional Councils are authorized to:
    (i) Hold public meetings related to subsistence uses of fish and 
wildlife within their respective regions, after the Chair of the Board 
or the designated Federal Coordinator has called the meeting and 
approved the meeting agenda;
    (ii) Elect officers;
    (iii) Review, evaluate, and make recommendations to the Board on 
proposals for regulations, policies, management plans, and other matters 
relating to the subsistence take of fish and wildlife under these 
regulations within the region;
    (iv) Provide a forum for the expression of opinions and 
recommendations by persons interested in any matter related to the 
subsistence uses of fish and wildlife within the region;
    (v) Encourage local and regional participation, pursuant to the 
provisions of the regulations in this part in the decisionmaking process 
affecting the taking of fish and wildlife on the public lands within the 
region for subsistence uses;

[[Page 771]]

    (vi) Prepare and submit to the Board an annual report containing--
    (A) An identification of current and anticipated subsistence uses of 
fish and wildlife populations within the region;
    (B) An evaluation of current and anticipated subsistence needs for 
fish and wildlife populations from the public lands within the region;
    (C) A recommended strategy for the management of fish and wildlife 
populations within the region to accommodate such subsistence uses and 
needs related to the public lands; and
    (D) Recommendations concerning policies, standards, guidelines, and 
regulations to implement the strategy;
    (vii) Appoint members to each Subsistence Resource Commission within 
their region in accordance with the requirements of Section 808 of 
ANILCA;
    (viii) Make recommendations on determinations of customary and 
traditional use of subsistence resources;
    (ix) Make recommendations on determinations of rural status;
    (x) Make recommendations regarding the allocation of subsistence 
uses among rural Alaska residents pursuant to Sec. 100.17;
    (xi) Develop proposals pertaining to the subsistence taking and use 
of fish and wildlife under these regulations, and review and evaluate 
such proposals submitted by other sources;
    (xii) Provide recommendations on the establishment and membership of 
Federal Advisory Committees.
    (2) The Regional Councils shall:
    (i) Operate in conformance with the provisions of FACA and comply 
with rules of operation established by the Board;
    (ii) Perform other duties specified by the Board.



Sec. 100.12  Local advisory committees.

    (a) The Board shall establish such local Federal Advisory Committees 
within each region as necessary at such time that it is determined, 
after notice and hearing and consultation with the State, that the 
existing State fish and game advisory committees do not adequately 
provide advice to, and assist, the particular Regional Council in 
carrying out its function as set forth in Sec. 100.11.
    (b) Local Federal Advisory Committees, if established by the Board, 
shall operate in conformance with the provisions of the FACA, and comply 
with rules of operation established by the Board.



Sec. 100.13  Board/agency relationships.

    (a) General. (1) The Board, in making decisions or recommendations, 
shall consider and ensure compliance with specific statutory 
requirements regarding the management of resources on public lands, 
recognizing that the management policies applicable to some public lands 
may entail methods of resource and habitat management and protection 
different from methods appropriate for other public lands.
    (2) The Board shall issue regulations for subsistence taking of fish 
and wildlife on public lands. The Board is the final administrative 
authority on the promulgation of subpart C and D regulations relating to 
the subsistence taking of fish and wildlife on public lands.
    (3) Nothing in the regulations in this part shall enlarge or 
diminish the authority of any agency to issue regulations necessary for 
the proper management of public lands under their jurisdiction in 
accordance with ANILCA and other existing laws.
    (b) Section 808 of ANILCA establishes National Park and Park 
Monument Subsistence Resource Commissions. Nothing in the regulations in 
this part affects the duties or authorities of these commissions.



Sec. 100.14  Relationship to State procedures and regulations.

    (a) State fish and game regulations apply to public lands and such 
laws are hereby adopted and made a part of the regulations in this part 
to the extent they are not inconsistent with, or superseded by the 
regulations in this part.
    (b) The Board may close public lands to hunting and fishing, or take 
actions to restrict the taking of fish and wildlife despite any State 
authorization for taking fish and wildlife on public lands. The Board 
may review and adopt State openings, closures, or restrictions which 
serve to achieve the objectives of the regulations in this part.

[[Page 772]]

    (c) The Board may enter into agreements with the State in order to 
coordinate respective management responsibilities.
    (d) Petition for repeal of subsistence rules and regulations. (1) 
The State of Alaska may petition the Secretaries for repeal of the 
subsistence rules and regulations in this part when the State has 
enacted and implemented subsistence management and use laws which:
    (i) Are consistent with sections 803, 804, and 805 of ANILCA; and
    (ii) Provide for the subsistence definition, preference, and 
participation specified in sections 803, 804, and 805 of ANILCA.
    (2) The State's petition shall:
    (i) Be submitted to the Secretary of the Interior, U.S. Department 
of the Interior, Washington, D.C. 20240, and the Secretary of 
Agriculture, U.S. Department of Agriculture, Washington, D.C. 20240;
    (ii) Include the entire text of applicable State legislation 
indicating compliance with sections 803, 804, and 805 of ANILCA; and
    (iii) Set forth all data and arguments available to the State in 
support of legislative compliance with sections 803, 804, and 805 of 
ANILCA.
    (3) If the Secretaries find that the State's petition contains 
adequate justification, a rulemaking proceeding for repeal of the 
regulations in this part will be initiated. If the Secretaries find that 
the State's petition does not contain adequate justification, the 
petition will be denied by letter or other notice, with a statement of 
the ground for denial.



Sec. 100.15  Rural determination process.

    (a) The Board shall determine if an area or community in Alaska is 
rural. In determining whether a specific area of Alaska is rural, the 
Board shall use the following guidelines:
    (1) A community or area with a population of 2500 or less shall be 
deemed to be rural unless such a community or area possesses significant 
characteristics of a non-rural nature, or is considered to be socially 
and economically a part of an urbanized area.
    (2) Communities or areas with populations above 2500 but not more 
than 7000 will be determined to be rural or non-rural.
    (3) A community with a population of more than 7000 shall be 
presumed non-rural, unless such a community or area possesses 
significant characteristics of a rural nature.
    (4) Population data from the most recent census conducted by the 
United States Bureau of Census as updated by the Alaska Department of 
Labor shall be utilized in this process.
    (5) Community or area characteristics shall be considered in 
evaluating a community's rural or non-rural status. The characteristics 
may include, but are not limited to:
    (i) Use of fish and wildlife;
    (ii) Development and diversity of the economy;
    (iii) Community infrastructure;
    (iv) Transportation; and
    (v) Educational institutions.
    (6) Communities or areas which are economically, socially and 
communally integrated shall be considered in the aggregate.
    (b) The Board shall periodically review rural determinations. Rural 
determinations shall be reviewed on a ten year cycle, commencing with 
the publication of the year 2000 U.S. census. Rural determinations may 
be reviewed out-of-cycle in special circumstances. Once the Board makes 
a determination that a community has changed from rural to non-rural, a 
waiting period of five years shall be required before the non-rural 
determination becomes effective.
    (c) Current determinations are listed at Sec. 100.23.



Sec. 100.16  Customary and traditional use determination process.

    (a) The Board shall determine which fish stocks and wildlife 
populations have been customarily and traditionally used for 
subsistence. These determinations shall identify the specific 
community's or area's use of specific fish stocks and wildlife 
populations. For areas managed by the National Park Service, where 
subsistence uses are allowed, the determinations may be made on an 
individual basis.
    (b) A community or area shall generally exhibit the following 
factors,

[[Page 773]]

which exemplify customary and traditional use. The Board shall make 
customary and traditional use determinations based on application of the 
following factors:
    (1) A long-term consistent pattern of use, excluding interruptions 
beyond the control of the community or area;
    (2) A pattern of use recurring in specific seasons for many years;
    (3) A pattern of use consisting of methods and means of harvest 
which are characterized by efficiency and economy of effort and cost, 
conditioned by local characteristics;
    (4) The consistent harvest and use of fish or wildlife as related to 
past methods and means of taking; near, or reasonably accessible from 
the community or area;
    (5) A means of handling, preparing, preserving, and storing fish or 
wildlife which has been traditionally used by past generations, 
including consideration of alteration of past practices due to recent 
technological advances, where appropriate;
    (6) A pattern of use which includes the handing down of knowledge of 
fishing and hunting skills, values and lore from generation to 
generation;
    (7) A pattern of use in which the harvest is shared or distributed 
within a definable community of persons; and
    (8) A pattern of use which relates to reliance upon a wide diversity 
of fish and wildlife resources of the area and which provides 
substantial cultural, economic, social, and nutritional elements to the 
community or area.
    (c) The Board shall take into consideration the reports and 
recommendations of any appropriate Regional Council regarding customary 
and traditional uses of subsistence resources.
    (d) Current determinations are listed in Sec. 100.24.



Sec. 100.17  Determining priorities for subsistence uses among rural Alaska residents.

    (a) Whenever it is necessary to restrict the subsistence taking of 
fish and wildlife on public lands in order to protect the continued 
viability of such populations, or to continue subsistence uses, the 
Board shall establish a priority among the rural Alaska residents after 
considering any recommendation submitted by an appropriate Regional 
Council.
    (b) The priority shall be implemented through appropriate 
limitations based on the application of the following criteria to each 
area, community, or individual determined to have customary and 
traditional use, as necessary:
    (1) Customary and direct dependence upon the populations as the 
mainstay of livelihood;
    (2) Local residency; and
    (3) The availability of alternative resources.
    (c) If allocation on an area or community basis is not achievable, 
then the Board shall allocate subsistence opportunity on an individual 
basis through application of the criteria in paragraphs (b) (1) through 
(3) of this section.
    (d) In addressing a situation where prioritized allocation becomes 
necessary, the Board shall solicit recommendations from the Regional 
Council in the area affected.



Sec. 100.18  Regulation adoption process.

    (a) Proposals for changes to the Federal subsistence regulations in 
subpart D of this part shall be accepted by the Board according to a 
published schedule. The Board may establish a rotating schedule for 
accepting proposals on various parts of subpart D regulations over a 
period of years. The Board shall develop and publish proposed 
regulations in the Federal Register and publish notice in local 
newspapers. Comments on the proposed regulations in the form of 
proposals shall be distributed for public review.
    (1) Proposals shall be made available for at least a thirty (30) day 
review by the Regional Councils. Regional Councils shall forward their 
recommendations on proposals to the Board. Such proposals with 
recommendations may be submitted in the time period as specified by the 
Board or as a part of the Regional Council's annual report described in 
Sec. 100.11, whichever is earlier.
    (2) The Board shall publish notice throughout Alaska of the 
availability of proposals received.
    (3) The public shall have at least thirty (30) days to review and 
comment on proposals.

[[Page 774]]

    (4) After the comment period the Board shall meet to receive public 
testimony and consider the proposals. The Board shall consider 
traditional use patterns when establishing harvest levels and seasons, 
and methods and means. The Board may choose not to follow any 
recommendation which the Board determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, or would be detrimental to the satisfaction of 
subsistence needs. If a recommendation approved by a Regional Council is 
not adopted by the Board, the Board shall set forth the factual basis 
and the reasons for its decision in writing to the Regional Council.
    (5) Following consideration of the proposals the Board shall publish 
final regulations pertaining to subpart D of this part in the Federal 
Register.
    (b) Proposals for changes to subpart C of this part shall be 
accepted by the Board according to a published schedule. The Board shall 
develop and publish proposed regulations in the Federal Register and 
publish notice in local newspapers. Comments on the proposed regulations 
in the form of proposals shall be distributed for public review.
    (1) Public and governmental proposals shall be made available for a 
thirty (30) day review by the regional councils. Regional Councils shall 
forward their recommendations on proposals to the Board. Such proposals 
with recommendations may be submitted within the time period as 
specified by the Board or as a part of the Regional Council's annual 
report described in Sec. 100.11, whichever is earlier.
    (2) The Board shall publish notice throughout Alaska of the 
availability of proposals received.
    (3) The public shall have at least thirty (30) days to review and 
comment on proposals.
    (4) After the comment period the Board shall meet to receive public 
testimony and consider the proposals. The Board may choose not to follow 
any recommendation which the Board determines is not supported by 
substantial evidence, violates recognized principles of fish and 
wildlife conservation, or would be detrimental to the satisfaction of 
subsistence needs. If a recommendation approved by a Regional Council is 
not adopted by the Board, the Board shall set forth the factual basis 
and the reasons for their decision in writing to the Regional Council.
    (5) Following consideration of the proposals the Board shall publish 
final regulations pertaining to subpart C of this part in the Federal 
Register. A Board decision to change a community's or area's status from 
rural to non-rural will not become effective until five years after the 
decision has been made.
    (c) [Reserved]
    (d) Proposals for changes to subparts A and B of this part shall be 
accepted by the Secretary of the Interior in accordance with 43 CFR Part 
14.



Sec. 100.19  Closures and other special actions.

    (a) The Board may make or direct restriction, closure, or opening 
for the taking of fish and wildlife for non-subsistence uses on public 
lands when necessary to assure the continued viability of particular 
fish or wildlife population, to continue subsistence uses of a fish or 
wildlife population, or for reasons of public safety or administration.
    (b) After consulting with the State of Alaska, providing adequate 
notice to the public, and holding at least one public hearing in the 
vicinity of the affected communities, the Board may make or direct 
temporary openings or closures to subsistence uses of a particular fish 
or wildlife population on public lands to assure the continued viability 
of a fish or wildlife population, or for reasons of public safety or 
administration. A temporary opening or closure will not extend beyond 
the regulatory year for which it is promulgated.
    (c) In an emergency situation, the Board may direct immediate 
openings or closures related to subsistence or non-subsistence uses of 
fish and wildlife on public lands, if necessary to assure the continued 
viability of a fish or wildlife population, to continue subsistence uses 
of fish or wildlife, or for public safety reasons. The Board shall 
publish notice and reasons justifying the emergency closure in the 
Federal Register and in newspapers of any

[[Page 775]]

area affected. The emergency closure shall be effective when directed by 
the Board, may not exceed 60 days, and may not be extended unless it is 
determined by the Board, after notice and hearing, that such closure 
should be extended.
    (d) The Board may make or direct a temporary change to open or 
adjust the seasons or to increase the bag limits for subsistence uses of 
fish and wildlife populations on public lands. An affected rural 
resident, community, Regional Council, or administrative agency may 
request a temporary change in seasons or bag limits. Prior to 
implementing a temporary change, the Board shall consult with the State, 
shall comply with the provisions of 5 U.S.C. 551-559 (Administrative 
Procedure Act or APA), and shall provide adequate notice and opportunity 
to comment. The length of any temporary change shall be confined to the 
minimum time period or bag limit determined by the Board to be necessary 
to satisfy subsistence uses. In addition, a temporary change may be made 
only after the Board determines that the proposed temporary change will 
not interfere with the conservation of healthy fish and wildlife 
populations. The decision of the Board shall be the final administrative 
action.
    (e) Regulations authorizing any individual agency to direct 
temporary or emergency closures on public lands managed by the agency 
remain unaffected by the regulations in this part, which authorize the 
Board to make or direct restrictions, closures, or temporary changes for 
subsistence uses on public lands.
    (f) You may not take fish and wildlife in violation of a 
restriction, closure, opening, or temporary change authorized by the 
Board.



Sec. 100.20  Request for reconsideration.

    (a) Regulations in subparts C and D of this part published in the 
Federal Register are subject to requests for reconsideration.
    (b) Any aggrieved person may file a request for reconsideration with 
the Board.
    (c) To file a request for reconsideration, you must notify the Board 
in writing within sixty (60) days of the effective date or date of 
publication of the notice, whichever is earliest, for which 
reconsideration is requested.
    (d) It is your responsibility to provide the Board with sufficient 
narrative evidence and argument to show why the action by the Board 
should be reconsidered. You must include the following information in 
your request for reconsideration:
    (1) Your name, and mailing address;
    (2) The action which you request be reconsidered and the date of 
Federal Register publication of that action;
    (3) A detailed statement of how you are adversely affected by the 
action;
    (4) A detailed statement of the facts of the dispute, the issues 
raised by the request, and specific references to any law, regulation, 
or policy that you believe to be violated and your reason for such 
allegation;
    (5) A statement of how you would like the action changed.
    (e) Upon receipt of a request for reconsideration, the Board shall 
transmit a copy of such request to any appropriate Regional Council for 
review and recommendation. The Board shall consider any Regional Council 
recommendations in making a final decision.
    (f) If the request is justified, the Board shall implement a final 
decision on a request for reconsideration after compliance with 5 U.S.C. 
551-559 (APA).
    (g) If the request is denied, the decision of the Board represents 
the final administrative action.



Sec. 100.21  [Reserved]



                     Subpart C--Board Determinations

    Source: 64 FR 1293, Jan. 8, 1999, unless otherwise noted.



Sec. 100.22  Subsistence resource regions.

    (a) The Board hereby designates the following areas as subsistence 
resource regions:
    (1) Southeast Region;
    (2) Southcentral Region;
    (3) Kodiak/Aleutians Region;
    (4) Bristol Bay Region;
    (5) Yukon-Kuskokwim Delta Region;
    (6) Western Interior Region;
    (7) Seward Peninsula Region;
    (8) Northwest Arctic Region;

[[Page 776]]

    (9) Eastern Interior Region;
    (10) North Slope Region.
    (b) You may obtain maps delineating the boundaries of subsistence 
resources regions from the U.S. Fish and Wildlife Service, 1011 East 
Tudor Road, Anchorage, Alaska 99503.



Sec. 100.23  Rural determinations.

    (a) The Board has determined all communities and areas to be rural 
in accordance with Sec. 100.15 except the following:

    Adak;
    Fairbanks North Star Borough;
    Homer area--including Homer, Anchor Point, Kachemak City, and Fritz 
Creek;
    Juneau area--including Juneau, West Juneau and Douglas;
    Kenai area--including Kenai, Soldotna, Sterling, Nikiski, Salamatof, 
Kalifornsky, Kasilof, and Clam Gulch;
    Ketchikan area--including Ketchikan City, Clover Pass, North Tongass 
Highway, Ketchikan East, Mountain Pass, Herring Cove, Saxman East, and 
parts of Pennock Island;
    Municipality of Anchorage;
    Seward area--including Seward and Moose Pass;
    Valdez; and
    Wasilla area--including Palmer, Wasilla, Sutton, Big Lake, Houston, 
and Bodenberg Butte.

    (b) You may obtain maps delineating the boundaries of non-rural 
areas from the U.S. Fish and Wildlife Service at the address in 
Sec. 100.22(b).



Sec. 100.24  Customary and traditional use determinations.

    (a) The Federal Subsistence Board has determined that rural Alaska 
residents of the listed communities, areas, and individuals have 
customary and traditional use of the specified species on Federal public 
land in the specified areas. Persons granted individual customary and 
traditional use determinations will be notified in writing by the Board. 
The Fish and Wildlife Service and the local NPS Superintendent will 
maintain the list of individuals having customary and traditional use on 
National Parks and Monuments. A copy of the list is available upon 
request. When there is a determination for specific communities or areas 
of residence in a Unit, all other communities not listed for that 
species in that Unit have no Federal subsistence for that species in 
that Unit. If no determination has been made for a species in a Unit, 
all rural Alaska residents are eligible to harvest fish or wildlife 
under this part.
    (1) Wildlife determinations.

[[Page 777]]



----------------------------------------------------------------------------------------------------------------
                Area                           Species                             Determination
----------------------------------------------------------------------------------------------------------------
Unit 1(C)..........................  Black Bear.................  Residents of Unit 1(C), 1(D), 3, and residents
                                                                   of Hoonah, Pelican, Point Baker, Sitka, and
                                                                   Tenakee Springs.
1(A)...............................  Brown Bear.................  Residents of Unit 1(A) except no subsistence
                                                                   for residents of Hyder.
1(B)...............................  Brown Bear.................  Residents of Unit 1(A), Petersburg, and
                                                                   Wrangell, except no subsistence for residents
                                                                   of Hyder.
1(C)...............................  Brown Bear.................  Residents of Unit 1(C), Haines, Hoonah, Kake,
                                                                   Klukwan, Skagway, and Wrangell, except no
                                                                   subsistence for residents of Gustavus.
1(D)...............................  Brown Bear.................  Residents of 1(D).
1(A)...............................  Deer.......................  Residents of 1(A) and 2.
1(B)...............................  Deer.......................  Residents of Unit 1(A), residents of 1(B), 2
                                                                   and 3.
1(C)...............................  Deer.......................  Residents of 1(C) and (D), and residents of
                                                                   Hoonah, Kake, and Petersburg.
1(D)...............................  Deer.......................  No Federal subsistence priority.
1(B)...............................  Goat.......................  Residents of Units 1(B) and 3.
1(C)...............................  Goat.......................  Residents of Haines, Kake, Klukwan,
                                                                   Petersburg, and Hoonah.
1(B)...............................  Moose......................  Residents of Units 1, 2, 3, and 4.
1(C) Berner's Bay..................  Moose......................  No Federal subsistence priority.
1(D)...............................  Moose......................  Residents of Unit 1(D).
Unit 2.............................  Brown Bear.................  No Federal subsistence priority.
2..................................  Deer.......................  Residents of Unit 1(A) and residents of Units
                                                                   2 and 3.
Unit 3.............................  Deer.......................  Residents of Unit 1(B) and 3, and residents of
                                                                   Port Alexander, Port Protection, Pt. Baker,
                                                                   and Meyer's Chuck.
3, Wrangell and Mitkof Islands.....  Moose......................  Residents of Units 1(B), 2, and 3.
Unit 4.............................  Brown Bear.................  Residents of Unit 4 and Kake.
4..................................  Deer.......................  Residents of Unit 4 and residents of Kake,
                                                                   Gustavus, Haines, Petersburg, Pt. Baker,
                                                                   Klukwan, Port Protection, Wrangell, and
                                                                   Yakutat.
4..................................  Goat.......................  Residents of Sitka, Hoonah, Tenakee, Pelican,
                                                                   Funter Bay, Angoon, Port Alexander, and Elfin
                                                                   Cove.
Unit 5.............................  Black Bear.................  Residents of Unit 5(A).
5..................................  Brown Bear.................  Residents of Yakutat.
5..................................  Deer.......................  Residents of Yakutat.
5..................................  Goat.......................  Residents of Unit 5(A)
5..................................  Moose......................  Residents of Unit 5(A).
5..................................  Wolf.......................  Residents of Unit 5(A).
Unit 6(A)..........................  Black Bear.................  Residents of Yakutat and residents of 6(C) and
                                                                   6(D), except no subsistence for Whittier.
6, remainder.......................  Black Bear.................  Residents of Unit 6(C) and 6(D), except no
                                                                   subsistence for Whittier.
6..................................  Brown Bear.................  No Federal subsistence priority.
6(A)...............................  Goat.......................  Residents of Unit 5(A), 6(C), Chenega Bay and
                                                                   Tatitlek.
6(C) and (D).......................  Goat.......................  Residents of Unit 6(C) and (D).
6(A)...............................  Moose......................  Unit 6(A)--Residents of Units 5(A), 6(A), 6(B)
                                                                   and 6(C).
6(B) and (C).......................  Moose......................  Residents of Units 6(A), 6(B) and 6(C).
6(D)...............................  Moose......................  No Federal subsistence priority.
6(A)...............................  Wolf.......................  Residents of Units 5(A), 6, 9, 10 (Unimak
                                                                   Island only), 11-13 and the residents of
                                                                   Chickaloon, and 16-26.
6, remainder.......................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 7.............................  Brown Bear.................  No Federal subsistence priority.
7..................................  Caribou....................  No Federal subsistence priority.
7, Brown Mountain hunt area........  Goat.......................  Residents of Port Graham and English Bay.

[[Page 778]]

 
7, that portion draining into Kings  Moose......................  Residents of Chenega Bay and Tatitlek.
 Bay.
7, remainder.......................  Moose......................  No Federal subsistence priority.
7..................................  Sheep......................  No Federal subsistence priority.
Unit 8.............................  Brown Bear.................  Residents of Old Harbor, Akhiok, Larsen Bay,
                                                                   Karluk, Ouzinkie, and Port Lions.
8..................................  Deer.......................  Residents of Unit 8.
8..................................  Elk........................  Residents of Unit 8.
8..................................  Goat.......................  No Federal subsistence priority.
Unit 9(D)..........................  Bison......................  No Federal subsistence priority.
9(A) and (B).......................  Black Bear.................  Residents of Units 9(A) and (B), and 17(A),
                                                                   (B), and (C).
9(A)...............................  Brown Bear.................  Residents of Pedro Bay.
9(B)...............................  Brown Bear.................  Residents of Unit 9(B).
9(C)...............................  Brown Bear.................  Residents of Unit 9(C).
9(D)...............................  Brown Bear.................  Residents of Units 9(D) and 10 (Unimak
                                                                   Island).
9(E)...............................  Brown Bear.................  Residents of Chignik, Chignik Lagoon, Chignik
                                                                   Lake, Egegik, Ivanof Bay, Perryville, Pilot
                                                                   Point, Ugashik, and Port Heiden/Meshik.
9(A) and (B).......................  Caribou....................  Residents of Units 9(B), 9(C) and 17.
9(C)...............................  Caribou....................  Residents of Unit 9(B), 9(C), 17 and residents
                                                                   of Egegik.
9(D)...............................  Caribou....................  Residents of Unit 9(D), and residents of False
                                                                   Pass.
9(E)...............................  Caribou....................  Residents of Units 9(B), (C), (E), 17, and
                                                                   residents of Nelson Lagoon and Sand Point.
9(A), (B), (C) and (E).............  Moose......................  Residents of Unit 9(A), (B), (C) and (E).
9(D)...............................  Moose......................  Residents of Cold Bay, False Pass, King Cove,
                                                                   Nelson Lagoon, and Sand Point.
9(B)...............................  Sheep......................  Residents of Iliamna, Newhalen, Nondalton,
                                                                   Pedro Bay, and Port Alsworth.
9, remainder.......................  Sheep......................  No determination.
9..................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
9(A), (B), (C), & (E)..............  Beaver.....................  Residents of Units 9(A), (B), (C), (E), and
                                                                   17.
Unit 10 Unimak Island..............  Brown Bear.................  Residents of Units 9(D) and 10 (Unimak
                                                                   Island).
Unit 10 Unimak Island..............  Caribou....................  Residents of False Pass, King Cove, and Sand
                                                                   Point.
10, remainder......................  Caribou....................  No determination.
10.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 11............................  Bison......................  No Federal subsistence priority.
11, north of the Sanford River.....  Black Bear.................  Residents of Chistochina, Chitina, Copper
                                                                   Center, Gakona, Glennallen, Gulkana, Kenny
                                                                   Lake, Mentasta Lake, Tazlina, Tonsina, and
                                                                   Units 11 and 12.
11, remainder......................  Black Bear.................  Residents of Chistochina, Chitina, Copper
                                                                   Center, Gakona, Glennallen, Gulkana, Kenny
                                                                   Lake, Mentasta Lake, Tazlina, Tonsina, and
                                                                   Unit 11.
11, north of the Sanford River.....  Brown Bear.................  Residents of Chistochina, Chitina, Copper
                                                                   Center, Gakona, Glennallen, Gulkana, Kenny
                                                                   Lake, Mentasta Lake, Tazlina, Tonsina, and
                                                                   Units 11 and 12.
11, remainder......................  Brown Bear.................  Residents of Chistochina, Chitina, Copper
                                                                   Center, Gakona, Glennallen, Gulkana, Kenny
                                                                   Lake, Mentasta Lake, Tazlina, Tonsina, and
                                                                   Unit 11.
11, north of the Sanford River.....  Caribou....................  Residents of Units 11, 12, and 13 (A)--(D) and
                                                                   the residents of Chickaloon, Healy Lake, and
                                                                   Dot Lake.
11, remainder......................  Caribou....................  Residents of Units 11 and 13 (A)--(D) and the
                                                                   residents of Chickaloon.
11.................................  Goat.......................  Residents of Unit 11 and the residents of
                                                                   Chitina, Chistochina, Copper Center, Gakona,
                                                                   Glennallen, Gulkana, Mentasta Lake, Tazlina,
                                                                   Tonsina, and Dot Lake.
11, north of the Sanford River.....  Moose......................  Residents of Units 11, 12, and 13 (A)-(D) and
                                                                   the residents of Chickaloon, Healy Lake, and
                                                                   Dot Lake.
11, remainder......................  Moose......................  Residents of Units 11, 13 (A)-(D), and
                                                                   residents of Chickaloon.

[[Page 779]]

 
11, north of the Sanford River.....  Sheep......................  Residents of Unit 12 and the communities and
                                                                   areas of Chistochina, Chitina, Copper Center,
                                                                   Dot Lake, Gakona, Glennallen, Gulkana, Healy
                                                                   Lake, Kenny Lake, Mentasta Lake, Slana,
                                                                   McCarthy/South Wrangell/ South Park, Tazlina
                                                                   and Tonsina; residents along the Nabesna
                                                                   Road--Milepost 0-46 (Nabesna Road), and
                                                                   residents along the McCarthy Road--Milepost 0-
                                                                   62 (McCarthy Road).
11, remainder......................  Sheep......................  Residents of the communities and areas of
                                                                   Chisana, Chistochina, Chitina, Copper Center,
                                                                   Gakona, Glennallen, Gulkana, Kenny Lake,
                                                                   Mentasta Lake, Slana, McCarthy/South Wrangell/
                                                                    South Park, Tazlina and Tonsina; residents
                                                                   along the Tok Cutoff--Milepost 79-110
                                                                   (Mentasta Pass), residents along the Nabesna
                                                                   Road--Milepost 0-46 (Nabesna Road), and
                                                                   residents along the McCarthy Road--Milepost 0-
                                                                   62 (McCarthy Road).
11.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
11.................................  Grouse (Spruce, Blue,        Residents of Units 11, 12, 13 and the
                                      Ruffed and Sharp-tailed).    residents of Chickaloon, 15, 16, 20(D), 22
                                                                   and 23.
11.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 12, 13 and the
                                      White-tailed).               residents of Chickaloon, 15, 16, 20(D), 22
                                                                   and 23.
Unit 12............................  Brown Bear.................  Residents of Unit 12 and Dot Lake,
                                                                   Chistochina, Gakona, Mentasta Lake, and
                                                                   Slana.
12.................................  Caribou....................  Residents of Unit 12 and residents of Dot
                                                                   Lake, Healy Lake, and Mentasta Lake.
12, South of a line from Noyes       Moose......................  Residents of Unit 11 north of 62nd parallel
 Mountain, southeast of the                                        (excluding North Slana Homestead and South
 confluence of Tatschunda Creek to                                 Slana Homestead); and residents of Unit 12,
 Nabesna River.                                                    13(A)-(D) and the residents of Chickaloon,
                                                                   Dot Lake, and Healy Lake.
12, East of the Nabesna River and    Moose......................  Residents of Unit 12 and Healy Lake.
 Nabesna Glacier, south of the
 Winter Trail from Pickerel Lake to
 the Canadian Border.
12, remainder......................  Moose......................  Residents of Unit 12 and residents of Dot
                                                                   Lake, Healy Lake, and Mentasta Lake.
12.................................  Sheep......................  Residents of Unit 12 and residents of
                                                                   Chistochina, Dot Lake, Healy Lake, and
                                                                   Mentasta Lake.
12.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 13............................  Brown Bear.................  Residents of Unit 13.
13(B)..............................  Caribou....................  Residents of Units 11, 12 (along the Nabesna
                                                                   Road), 13, residents of Unit 20(D) except
                                                                   Fort Greely, and the residents of Chickaloon.
13(C)..............................  Caribou....................  Residents of Units 11, 12 (along the Nabesna
                                                                   Road), 13, and the residents of Chickaloon,
                                                                   Dot Lake and Healy Lake.
13(A) & (D)........................  Caribou....................  Residents of Units 11, 12 (along the Nabesna
                                                                   Road), 13, and the residents of Chickaloon.
13(E)..............................  Caribou....................  Residents of Units 11, 12 (along the Nabesna
                                                                   Road), 13, and the residents of Chickaloon,
                                                                   McKinley Village, and the area along the
                                                                   Parks Highway between milepost 216 and 239
                                                                   (except no subsistence for residents of
                                                                   Denali National Park headquarters).
13(D)..............................  Goat.......................  No Federal subsistence priority.
13(A) & (D)........................  Moose......................  Residents of Unit 13 and the residents of
                                                                   Chickaloon.
13(B)..............................  Moose......................  Residents of Units 13, 20(D) except Fort
                                                                   Greely, and the residents of Chickaloon.
13(C)..............................  Moose......................  Residents of Units 12, 13 and the residents of
                                                                   Chickaloon, Healy Lake, and Dot Lake.
13(E)..............................  Moose......................  Residents of Unit 13 and the residents of
                                                                   Chickaloon and of McKinley Village, and the
                                                                   area along the Parks Highway between milepost
                                                                   216 and 239 (except no subsistence for
                                                                   residents of Denali National Park
                                                                   headquarters).
13(D)..............................  Sheep......................  No Federal subsistence priority.
13.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
13.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed & Sharp tailed).      Chickaloon, 15, 16, 20(D), 22 & 23.
13.................................  Ptarmigan (rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed.                Chickaloon, 15, 16, 20(D), 22 & 23.
Unit 14(B) and (C).................  Brown Bear.................  No Federal subsistence priority.

[[Page 780]]

 
14.................................  Goat.......................  No Federal subsistence priority.
14.................................  Moose......................  No Federal subsistence priority.
14(A) and (C)......................  Sheep......................  No Federal subsistence priority.
Unit 15(C).........................  Black Bear.................  Resident of Port Graham and Namwalek only.
15, remainder......................  Black Bear.................  No Federal subsistence priority.
15.................................  Brown Bear.................  No Federal subsistence priority.
15(C), Port Graham and English Bay   Goat.......................  Residents of Port Graham and Nanwale,
 hunt areas..
15(C), Seldovia hunt area..........  Goat.......................  Residents Seldovia area.
15.................................  Moose......................  Residents of Ninilchik, Nanwalek, Port Graham,
                                                                   and Seldovia.
15.................................  Sheep......................  No Federal subsistence priority.
15.................................  Ptarmigan (Rock, Willow and  Residents of Unit 15.
                                      White-tailed).
15.................................  Grouse (Spruce)............  Residents of Unit 15.
15.................................  Grouse (Ruffed)............  No Federal subsistence priority.
16(B)..............................  Black Bear.................  Residents of Unit 16(B).
16.................................  Brown Bear.................   No Federal subsistence priority.
16(A)..............................  Moose......................  No Federal subsistence priority.
16(B)..............................  Moose......................  Residents of Unit 16(B).
16.................................  Sheep......................  No Federal subsistence priority.
16.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
16.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22 and 23.
16.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22 and 23.
Unit 17(A) and that portion of       Black Bear.................  Residents of Units 9(A) and (B), 17, and
 17(B) draining into Nuyakuk Lake                                  resident of Akaik and Akiachak.
 and Tikchik Lake.
17, remainder......................  Black Bear.................  Residents of Units 9(A) and (B), and 17.
17(A)..............................  Brown Bear.................  Residents of Unit 17, and residents of Akiak,
                                                                   Akiachak, Goodnews Bay and Platinum.
17(A) and (B), those portions north  Brown Bear.................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the
 northern point of Nuyakuk Lake,
 northeast to the point where the
 Unit 17 boundary intersects the
 Shotgun Hills.
17(B), that portion draining into    Brown Bear.................  Residents of Akaik and Akiachak.
 Nuyakuk Lake and Tikchik Lake.
17(B) and (C)......................  Brown Bear.................  Residents of Unit 17.
17.................................  Caribou....................  Residents of Units 9(B), 17 and residents of
                                                                   Lime Village and Stony River.
Unit 17(A), that portion west of     Caribou....................  Residents of Goodnews Bay, Platinum,
 the Izaveieknik River, Upper                                      Quinhagak, Eek, Tuntutuliak, and Napakiak.
 Togiak Lake, Togiak Lake, and the
 main course of the Togiak River.

[[Page 781]]

 
17(A) and (B), those portions north  Caribou....................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the
 northern point of Nuyakuk Lake,
 northeast to the point where the
 Unit 17 boundary intersects the
 Shotgun Hills.
Unit 17(B), that portion of Togiak   Caribou....................  Residents of Bethel, Goodnews Bay, Platinum,
 National Wildlife Refuge within                                   Quinhagak, Eek, Tuntutuliak, and Napakiak.
 Unit 17(B).
17(A) and (B), those portions north  Moose......................  Residents of Kwethluk.
 and west of a line beginning from
 the Unit 18 boundary at the
 northwest end of Nenevok Lake, to
 the southern point of upper Togiak
 Lake, and northeast to the
 northern point of Nuyakuk Lake,
 northeast to the point where the
 Unit 17 boundary intersects the
 Shotgun Hills.
17(A)..............................  Moose......................  Residents of Unit 17 and residents of Goodnews
                                                                   Bay and Platinum; however, no subsistence for
                                                                   residents of Akiachak, Akiak and Quinhagak.
17(B) and (C)......................  Moose......................  Residents of Unit 17, and residents of
                                                                   Nondalton, Levelock, Goodnews Bay, and
                                                                   Platinum.
17.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
17.................................  Beaver.....................  Residents of Units 9(A), (B), (C), (E), and
                                                                   17.
Unit 18............................  Black Bear.................  Residents of Unit 18, residents of Unit 19(A)
                                                                   living downstream of the Holokuk River, and
                                                                   residents of Holy Cross, Stebbins, St.
                                                                   Michael, Twin Hills, and Togiak.
18.................................  Brown Bear.................  Residents of Akiachak, Akiak, Eek, Goodnews
                                                                   Bay, Kwethluk, Mt. Village, Napaskiak,
                                                                   Platinum, Quinhagak, St. Mary's, and
                                                                   Tuluksak.
18.................................  Craibou (Kilbuck caribou     INTERIM DETERMINATION BY FEDERAL SUBSISTENCE
                                      herd only).                  BOARD (12/18/91): residents of Tuluksak,
                                                                   Akiak, Akiachak, Kwethluk, Bethel,
                                                                   Oscarville, Napaskiak, Napakiak, Kasigluk,
                                                                   Atmanthluak, Nunapitchuk, Tuntutliak, Eek,
                                                                   Quinhagak, Goodnews Bay, Platinum, Togiak,
                                                                   and Twin Hills.
18, North of the Yukon River.......  Caribou (except Kilbuch      Residents of Alakanuk, Andreafsky, Chevak,
                                      caribou herd).               Emmonak, Hooper Bay, Kotlik, Kwethluk,
                                                                   Marshall, Mountain Village, Pilot Station,
                                                                   Pitka's Point, Russian Mission, St. Marys,
                                                                   St. Michael, Scammon Bay, Sheldon Point, and
                                                                   Stebbins.
18, remainder......................  Caribou (except Kilbuch      Residents of Kwethluk.
                                      caribou herd).
18, that portion fo the Yukon River  Moose......................  Residents of Unit 18 and residents of Upper
 drainage upstream of Russian                                      Kalskag, Lower Kalskag, Aniak, and
 Mission and that portion of the                                   Chuathbaluk.
 Kuskokwim River drainage upstream
 of, but not including the Tuluksak
 River drainage.
18, remainder......................  Moose......................  Residents of Unit 18 and residents of Upper
                                                                   Kalskag and Lower Kalskag.
18.................................  Muskox.....................  No Federal subsistence priority.
18.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 19(C), (D)....................  Bison......................  No Federal subsistence priority.
19(A) and (B)......................  Brown Bear.................  Residents of Units 19 and 18 within the
                                                                   Kuskokwim River drainage upstream from, and
                                                                   including, the Johnson River.
19(C)..............................  Brown Bear.................  No Federal subsistence priority.
19(D)..............................  Brown Bear.................  Residents of Units 19(A) and (D), and
                                                                   residents of Tulusak and Lower Kalskag.
19(A) and (B)......................  Caribou....................  Residents of Units 19(A) and 19(B), residents
                                                                   of Unit 18 within the Kuskokwim River
                                                                   drainage upstream from, and including, the
                                                                   Johnson River, and residents of St. Marys,
                                                                   Marshall, Pilot Station, Russian Mission.

[[Page 782]]

 
19(C)..............................  Caribou....................  Residents of Unit 19(C), and residents of Lime
                                                                   Village, McGrath, Nikolai, and Telida.
19(D)..............................  Caribou....................  Residents of Unit 19(D), and residents of Lime
                                                                   Village, Sleetmute, and Stony River.
19(A) and (B)......................  Moose......................  Residents of Unit 18 within Kuskokwim River
                                                                   drainage upstream from and including the
                                                                   Johnson River, and Unit 19.
Unit 19(B), west of the Kogrukluk    Moose......................  Residents of Eek and Quinhagak.
 River.
19(C)..............................  Moose......................  Residents of Unit 19.
19(D)..............................  Moose......................  Residents of Unit 19 and residents of Lake
                                                                   Minchumina.
19.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 20(D).........................  Bison......................  No Federal subsistence priority.
20(F)..............................  Black Bear.................  Residents of Unit 20(F) and residents of
                                                                   Stevens Village and Manley.
20(E)..............................  Brown Bear.................  Residents of Unit 12 and Dot Lake.
20(F)..............................  Brown Bear.................  Residents of Unit 20(F) and residents of
                                                                   Stevens Village and Manley.
20(A)..............................  Caribou....................  Residents of Cantwell, Nenana, and those
                                                                   domiciled between milepost 216 and 239 of the
                                                                   Parks Highway. No subsistence priority for
                                                                   residents of households of the Denali
                                                                   National Park Headquarters.
20(B)..............................  Caribou....................  Residents of Unit 20(B), Nenana, and Tanana.
20(C)..............................  Caribou....................  Residents of Unit 20(C) living east of the
                                                                   Teklanika River, residents of Cantwell, Lake
                                                                   Minchumina, Manley Hot Springs, Minto,
                                                                   Nenena, Nikolai, Tanana, Talida, and those
                                                                   domiciled between milepost 216 and 239 of the
                                                                   Parks Highway and between milepost 300 and
                                                                   309. No subsistence priority for residents of
                                                                   households of the Denali National Park
                                                                   Headquarters.
20(D) and (E)......................  Caribou....................  Residents of 20(D), 20(E), and Unit 12 north
                                                                   of the Wrangell-St. Elias National Park and
                                                                   Preserve.
20(F)..............................  Caribou....................  Residents of 20(F), 25(D), and Manley.
 20(A).............................  Moose......................  Residents of Cantwell, Minto, and Nenana,
                                                                   McKinley Village, the area along the Parks
                                                                   Highway between mileposts 216 and 239, except
                                                                   no subsistence for residents of households of
                                                                   the Denali National Park Headquarters.
20(B)..............................  Moose......................  Minto Flats Management Area--residents of
                                                                   Minto and Nenana.
20(B)..............................  Moose......................  Remainder--residents of Unit 20(B), and
                                                                   residents of Nenana and Tanana.
20(C)..............................  Moose......................  Residents of Unit 20(C) (except that portion
                                                                   within Denali National Park and Preserve and
                                                                   that portion east of the Teklanika River),
                                                                   and residents of Cantwell, Manley, Minto,
                                                                   Nenana, the Parks Highway from milepost 300-
                                                                   309, Nikolai, Tanana, Telida, McKinley
                                                                   Village, and the area along the Parks Highway
                                                                   between mileposts 216 and 239. No subsistence
                                                                   for residents of households of the Denali
                                                                   National Park Headquarters.
20(D)..............................  Moose......................  Residents of Unit 20(D) and residents of
                                                                   Tanacross.
20(F)..............................  Moose......................  Residents of Unit 20(F), Manley, Minto, and
                                                                   Stevens Village.
20(F)..............................  Wolf.......................  Residents of Unit 20(F) and residents of
                                                                   Stevens Village and Manley.
20, remainder......................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
20(D)..............................  Grouse, (Spruce, Blue,       Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22, and 23.
20(D)..............................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22, and 23.
Unit 21............................  Brown Bear.................  Residents of Units 21 and 23.
21(A)..............................  Caribou....................  Residents of Units 21(A), 21(D), 21(E), Aniak,
                                                                   Chuathbaluk, Crooked Creek, McGrath, and
                                                                   Takotna.
21(B) & (C)........................  Caribou....................  Residents of Units 21(B), 21(C), 21(D), and
                                                                   Tanana.
21(D)..............................  Caribou....................  Residents of Units 21(B), 21(C), 21(D), and
                                                                   Huslia.

[[Page 783]]

 
21(E)..............................  Caribou....................  Residents of Units 21(A), 21(E) and Aniak,
                                                                   Chuathbaluk, Crooked Creek, McGrath, and
                                                                   Takotna.
21(A)..............................  Moose......................  Residents of Units 21(A), (E), Takotna,
                                                                   McGrath, Aniak, and Crooked Creek.
21(B) and (C)......................  Moose......................  Residents of Units 21(B) and (C), Tanana,
                                                                   Ruby, and Galena.
21(D)..............................  Moose......................  Residents of Units 21(D), Huslia, and Ruby.
21(E)..............................  Moose......................  Residents of Unit 21(E) and residents of
                                                                   Russian Mission.
21.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
Unit 22(A).........................  Black Bear.................  Residents of Unit 22(A) and Koyuk.
22(B)..............................  Black Bear.................  Residents of Unit 22(B).
22(C), (D), and (E)................  Black Bear.................  No Federal subsistence priority.
22.................................  Brown Bear.................  Residents of Unit 22
22(A)..............................  Caribou....................  Residents of Unit 21(D) west of the Koyukuk
                                                                   and Yukon Rivers, and residents of Units 22
                                                                   (except residents of St. Lawrence Island),
                                                                   23, 24, and residents of Kotlik, Emmonak,
                                                                   Hooper Bay, Scammon Bay, Chevak, Marshall,
                                                                   Mountain Village, Pilot Station, Pitka's
                                                                   Point, Russian Mission, St. Marys, Sheldon
                                                                   Point, and Alakanuk.
22, remainder......................  Caribou....................  Residents of Unit 21(D) west of the Koyukuk
                                                                   and Yukon Rivers, and residents of Units 22
                                                                   (except residents of St. Lawrence Island),
                                                                   23, 24.
22.................................  Moose......................  Residents of Unit 22.
22(B)..............................  Muskox.....................  Residents of Unit 22(B).
22(C)..............................  Muskox.....................  Residents of Unit 22(C).
22(D)..............................  Muskox.....................  Residents of Unit 22(D) excluding St. Lawrence
                                                                   Island.
22(E)..............................  Muskox.....................  Residents of Unit 22(E) excluding Little
                                                                   Diomede Island.
22.................................  Wolf.......................  Residents of Units 23, 22, 21(D) north and
                                                                   west of the Yukon River, and residents of
                                                                   Kotlik.
22.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22, and 23.
22.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22, and 23.
Unit 23............................  Black Bear.................  Residents of Unit 23, Alatna, Allakaket,
                                                                   Bettles, Evansville, Galena, Hughes, Huslia,
                                                                   and Koyukuk.
23.................................  Brown Bear.................  Residents of Units 21 and 23.
23.................................  Caribou....................  Residents of Unit 21(D) west of the Koyukuk
                                                                   and Yukon Rivers, residents of Galena, and
                                                                   residents of Units 22, 23, 24 including
                                                                   residents of Wiseman but not including other
                                                                   residents of the Dalton Highway Corridor
                                                                   Management Area, and 26(A).
23.................................  Moose......................  Residents of Unit 23.
23, South of Kotzebue Sound and      Muskox.....................  Residents of Unit 23 south of Kotzebue Sound
 west of and including the Buckland                                and west of and including the Buckland River
 River drainage.                                                   drainage.
23, remainder......................  Muskox.....................  Residents of Unit 23 east and north of the
                                                                   Buckland River drainage.
23.................................  Sheep......................  Residents of Point Lay and Unit 23 north of
                                                                   the Arctic Circle.
23.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon,
                                                                   and 16-26.
23.................................  Grouse (Spruce, Blue,        Residents of Units 11, 13 and the residents of
                                      Ruffed and Sharp-tailed).    Chickaloon, 15, 16, 20(D), 22, and 23.
23.................................  Ptarmigan (Rock, Willow and  Residents of Units 11, 13 and the residents of
                                      White-tailed).               Chickaloon, 15, 16, 20(D), 22, and 23.
Unit 24, that portion south of       Black Bear.................  Residents of Stevens Village and residents of
 Caribou Mountain, and within the                                  United 24 and Wiseman, but not including any
 public lands composing or                                         other residents of the Dalton Highway
 immediately adjacent to the Dalton                                Corridor Management Area.
 Highway Corridor Management Area.
24, remainder......................  Black Bear.................  Residents of Unit 24 and Wiseman, but not
                                                                   including any other residents of the Dalton
                                                                   Highway Corridor Management Area

[[Page 784]]

 
24, that portion south of Caribou    Brown Bear.................  Residents of Stevens Village and residents of
 Mountain, and within the public                                   Unit 24 and Wiseman, but not including any
 lands composing or immediately                                    other residents of the Dalton Highway
 adjacent to the Dalton Highway                                    Corridor Management Area.
 Corridor Management Area..
24, remainder......................  Brown Bear.................  Residents of Unit 24 including Wiseman, but
                                                                   not including any other residents of the
                                                                   Dalton Highway Corridor Management Area.
24.................................  Caribou....................  Residents of Unit 24 including Wiseman, but
                                                                   not including any other residents of the
                                                                   Dalton Highway Corridor Management Area;
                                                                   residents of Galena, Kobuk, Koyukuk, Stevens
                                                                   Village, and Tanana.
24.................................  Moose......................  Residents of Unit 24, Koyukuk, and Galena.
24.................................  Sheep......................  Residents of Unit 24 residing north of the
                                                                   Arctic Circle and residents of Allakaket,
                                                                   Alatna, Hughes, and Huslia.
24.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 25(D).........................  Black Bear.................  Residents of 25(D).
25(D)..............................  Brown Bear.................  Residents of Unit 25(D).
25, remainder......................  Brown Bear.................  No Federal subsistence priority.
25(D)..............................  Caribou....................  Residents of 20(F), 25(D), and Manley.
25(A)..............................  Moose......................  Residents of Units 25(A) and 25(D).
25(D) West.........................  Moose......................  Residents of Beaver, Birch Creek, and Stevens
                                                                   Village.
25(D), remainder...................  Moose......................  Residents of Remainder of Unit 25.
25(A)..............................  Sheep......................  Residents of Arctic Village, Chalkytsik, Fort
                                                                   Yukon, Kaktovik, and Venetie.
25(B) and (C)......................  Sheep......................  No Federal subsistence priority.
25(D)..............................  Wolf.......................  Residents of Unit 25(D).
25, remainder......................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
Unit 26............................  Brown Bear.................  Residents of Unit 26 (except the Prudhoe Bay-
                                                                   Deadhorse Industrial Complex) and residents
                                                                   of Anaktuvuk Pass and Point Hope.
26(A)..............................  Caribou....................  Residents of Unit 26, Anaktuvuk Pass and Point
                                                                   Hope.
26(B)..............................  Caribou....................  Residents of Unit 26, Anaktuvuk Pass, Point
                                                                   Hope, and Wiseman.
26(C)..............................  Caribou....................  Residents of Unit 26, Anaktuvuk Pass and Point
                                                                   Hope.
26.................................  Moose......................  Residents of Unit 26, (except the Prudhoe Bay-
                                                                   Deadhorse Industrial Complex), and residents
                                                                   of Point Hope and Anaktuvuk Pass.
26(A)..............................  Muskox.....................  Residents of Anaktuvuk Pass, Atqasuk, Barrow,
                                                                   Nuiqsut, Point Hope, Point Lay, and
                                                                   Wainwright.
26(B)..............................  Muskox.....................  Residents of Anaktuvuk Pass, Nuiqsut, and
                                                                   Kaktovik.
26(C)..............................  Muskox.....................  Residents of Kaktovik.
26(A)..............................  Sheep......................  Residents of Unit 26, Anaktuvuk Pass, and
                                                                   Point Hope.
26(B)..............................  Sheep......................  Residents of Unit 26, Anaktuvuk Pass, Point
                                                                   Hope, and Wiseman.
26(C)..............................  Sheep......................  Residents of Unit 26, Anaktuvuk Pass, Arctic
                                                                   Village, Chalkytsik, Fort Yukon, Point Hope,
                                                                   and Venetie.
26.................................  Wolf.......................  Residents of Units 6, 9, 10 (Unimak Island
                                                                   only), 11-13 and the residents of Chickaloon
                                                                   and 16-26.
----------------------------------------------------------------------------------------------------------------


  (2) Fish determinations.

[[Page 785]]



----------------------------------------------------------------------------------------------------------------
                Area                           Species                             Determination
----------------------------------------------------------------------------------------------------------------
KOTZEBUE AREA......................  All fish...................  Residents of the Kotzebue Area.
NORTON SOUND--PORT CLARENCE AREA...  All fish...................  Residents of the Norton Sound-Port Clarence
                                                                   Area.
YUKON-NORTHERN AREA:
    Yukon River drainage...........  Salmon, other than Yukon     Residents of the Yukon Area, including the
                                      River Fall Chum salmon.      community of Stebbins.
    Yukon River drainage...........  Yukon River Fall chum        Residents of the Yukon River drainage,
                                      salmon.                      including the communities of Stebbins,
                                                                   Scammon Bay, Hooper Bay, and Chevak.
    Yukon River drainage...........  Freshwater fish species      Residents of the Yukon-Northern Area.
                                      (other than salmon),
                                      including sheefish,
                                      whitefish, lamprey,
                                      burbot, sucker, grayling,
                                      pike, char, and blackfish.
    Remainder......................  All fish...................  Residents of the Northern Area, except for
                                                                   those domiciled in Unit 26-B.
KUSKOKWIM AREA.....................  Salmon.....................  Residents of the Kuskokwim Area, except those
                                                                   persons residing on the United States
                                                                   military installation located on Cape
                                                                   Newenham, Sparevohn USAFB, and Tatalina
                                                                   USAFB.
                                     Rainbow trout..............  Residents of the communities of Quinhagak,
                                                                   Goodnews Bay, Kwethluk, Eek, Akiachak, Akiak,
                                                                   and Platinum.
                                     Pacific cod................  Residents of the communities of Chevak,
                                                                   Newtok, Tununak, Toksook Bay, Nightmute,
                                                                   Chefornak, Kipnuk, Mekoryuk, Kwigillingok,
                                                                   Kongiganak, Eek, and Tuntutuliak.
                                     All other fish other than    Residents of the Kuskokwim Area.
                                      herring.
Waters around Nunivak Island.......  Herring and herring roe....  Residents within 20 miles of the coast between
                                                                   the westernmost tip of the Naskonant
                                                                   Peninsula and the terminus of the Ishowik
                                                                   River and on Nunivak Island.
BRISTOL BAY AREA:
    Nushagak District, including     Salmon and other freshwater  Residents of the Nushagak District and
     drainages flowing into the       fish.                        freshwater drainages flowing into the
     district.                                                     district.
    Naknek-Kvichak District--Naknek  Salmon and other freshwater  Residents of the Naknek and Kvichak River
     River drainage.                  fish.                        drainages.
    Naknek-Kvichak District--        Salmon and other freshwater  Residents of the Iliamna-Lake Clark drainage.
     Iliamna-Lake Clark drainage.     fish.
    Togiak District, including       Salmon and other freshwater  Residents of the Togiak District, freshwater
     drainages flowing into the       fish.                        drainages flowing into the district, and the
     district.                                                     community of Manokotak.
    Togiak District................  Herring spawn on kelp......  Residents of the Togiak District.
    Remainder......................  All fish...................  Residents of the Bristol Bay Area.
ALEUTIAN ISLANDS AREA..............  All fish...................  Residents of the Aleutian Islands Area and the
                                                                   Pribilof Islands.
ALASKA PENINSULA AREA..............  Halibut....................  Residents of the Alaska Peninsula Area and the
                                                                   communities of Ivanof Bay and Perryville.
                                     All other fish in the        Residents of the Alaska Peninsula Area.
                                      Alaska Peninsula Area.
CHIGNIK AREA.......................  Halibut, salmon and fish     Residents of the Chignik Area.
                                      other than steelhead and
                                      rainbow trout.
KODIAK AREA--except the Mainland     Salmon.....................  Residents of the Kodiak Island Borough, except
 District, all waters along the                                    those residing on the Kodiak Coast Guard
 south side of the Alaska Peninsula                                Base.
 bounded by the latitude of Cape
 Douglas (58 deg.52' North
 latitude) mid-stream Shelikof
 Strait, and east of the longitude
 of the southern entrance of Imuya
 Bay near Kilokak Rocks (57
 deg.11'22" North latitude, 156
 deg.20'30" W longitude).

[[Page 786]]

 
Kodiak Area........................  Fish other than steelhead    Residents of the Kodiak Area.
                                      and rainbow trout and
                                      salmon.
COOK INLET AREA....................  Fish other than salmon,      Residents of the Cook Inlet Area.
                                      Dolly Varden, trout, char,
                                      grayling, and burbot.
PRINCE WILLIAM SOUND AREA:
    South-Western District and       Salmon.....................  Residents of the Southwestern District which
     Green Island.                                                 is mainland waters from the outer point on
                                                                   the north shore of Granite Bay to Cape
                                                                   Fairfield, and Knight Island, Chenega Island,
                                                                   Bainbridge Island, Evans Island, Elrington
                                                                   Island, Latouche Island and adjacent islands.
    North of a line from Porcupine   Salmon.....................  Residents of the villages of Tatitlek and
     Point to Granite Point, and                                   Ellamar.
     south of a line from Point
     Lowe to Tongue Point.
    Glennallen Subdistrict of the    Salmon.....................  Residents of the Prince William Sound Area.
     Upper Copper River District
     and the waters of the Copper
     River.
    Copper River District--          Salmon.....................  Residents of the Prince William Sound Area.
     remainder.
YAKUTAT AREA:
    Freshwater upstream from the     Salmon.....................  Residents of the area east of Yakutat Bay,
     terminus of streams and rivers                                including the islands within Yakutat Bay,
     of the Yakutat Area from the                                  west of the Situk River drainage, and south
     Doame River to the Tsiu River.                                of and including Knight Island.
    Freshwater upstream from the     Dolly Varden, steelhead      Residents of the area east of Yakutat Bay,
     terminus of streams and rivers   trout, and smelt.            including the islands within Yakutat Bay,
     of the Yakutat Area from the                                  west of the Situk River drainage, and south
     Doame River to Point Manby.                                   of and including Knight Island.
SOUTHEASTERN ALASKA AREA:
    District 1--Section 1-E in       Salmon, Dolly Varden,        Residents of the City of Saxman.
     waters of the Naha River and     trout, smelt and eulachon.
     Roosevelt Lagoon.
    District 1--Section 1-F in Boca  Salmon, Dolly Varden,        Residents of the City of Saxman.
     de Quadra in waters of Sockeye   trout, smelt and eulachon.
     Creek and Hugh Smith Lake
     within 500 yards of the
     terminus of Sockeye Creek.
    District 2--North of the         Salmon, Dolly Varden,        Residents of the City of Kasaan and in the
     latitude of the northern-most    trout, smelt and eulachon.   drainage of the southeastern shore of the
     tip of Chasina Point and west                                 Kasaan Peninsula west of 132 deg. 20' W.
     of a line from the northern-                                  long. and east of 132 deg. 25' W. long.
     most tip of Chasina Point to
     the eastern-most tip of
     Grindall Island to the eastern-
     most tip of the Kasaan
     Peninsula.
    District 3--Section 3-A........  Salmon, Dolly Varden,        Residents of the townsite of Hydaburg.
                                      trout, smelt and eulachon.
    District 3--Section A..........  Halibut and bottomfish.....  Residents of Southeast Area.
    District 3--Section 3-B in       Salmon, Dolly Varden,        Residents of the City of Klawock and on Prince
     waters east of a line from       trout, smelt and eulachon.   of Wales Island within the boundaries of the
     Point Ildefonso to Tranquil                                   Klawock Heenya Corporation land holdings as
     Point.                                                        they exist in January 1989, and those
                                                                   residents of the City of Craig and on Prince
                                                                   of Wales Island within the boundaries of the
                                                                   Shan Seet Corporation land holdings as they
                                                                   exist in January 1989.
    District 3--Section 3-C in       Salmon, Dolly Varden,        Residents of the City of Klawock and on Prince
     waters of Sarkar Lakes.          trout, smelt and eulachon.   of Wales Island within the boundaries of the
                                                                   Klawock Heenya Corporation land holdings as
                                                                   they exist in January 1989, and those
                                                                   residents of the City of Craig and on Prince
                                                                   of Wales Island within the boundaries of the
                                                                   Shan Seet Corporation land holdings as they
                                                                   exist in January 1989.

[[Page 787]]

 
    District 5--North of a line      Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     from Point Barrie to Boulder     trout, smelt and eulachon.   Island drainages emptying into Keku Strait
     Point.                                                        south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 9--Section 9-A........  Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
                                      trout, smelt and eulachon.   Island drainages emptying into Keku Strait
                                                                   south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 9--Section 9-B north    Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     of the latitude of Swain Point.  trout, smelt and eulachon.   Island drainages emptying into Keku Strait
                                                                   south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 10--West of a line      Salmon, Dolly Varden,        Residents of the City of Kake and in Kupreanof
     from Pinta Point to False        trout, smelt and eulachon.   Island drainages emptying into Keku Strait
     Point Pybus.                                                  south of Point White and north of the Portage
                                                                   Bay boat harbor.
    District 12--South of a line     Salmon, Dolly Varden,        Residents of the City of Angoon and along the
     from Fishery Point to south      trout, smelt and eulachon.   western shore of Admiralty Island north of
     Passage Point and north of the                                the latitude of Sand Island, south of the
     latitude of Point Caution.                                    latitude of Thayer Creek, and west of 134
                                                                   deg.30' W. long., including Killisnoo Island.
    District 13--Section 13-A south  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
     of the latitude of Cape Edward.  trout, smelt and eulachon.   drainages which empty into Section 13-B north
                                                                   of the latitude of Dorothy Narrows.
    District 13--Section 13-B north  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
     of the latitude of Redfish       trout, smelt and eulachon.   drainages which empty into Section 13-B north
     Cape.                                                         of the latitude of Dorothy Narrows.
    District 13--Section 13-C......  Salmon, Dolly Varden,        Residents of the City and Borough of Sitka in
                                      trout, smelt and eulachon.   drainages which empty into Section 13-B north
                                                                   of the latitude of Dorothy Narrows.
    District 13--Section 13-C east   Salmon, Dolly Varden,        Residents of the City of Angoon and along the
     of the longitude of Point        trout, smelt and eulachon.   western shore of Admiralty Island north of
     Elizabeth.                                                    the latitude of Sand Island, south of the
                                                                   latitude of Thayer Creek, and west of 134
                                                                   deg.30' W. long., including Killisnoo Island.
    District 14--Section 14-B and    Salmon, Dolly Varden,        Residents of the City of Hoonah and in
     14-C.                            trout, smelt and eulachon.   Chichagof Island drainages on the eastern
                                                                   shore of Port Frederick from Gartina Creek to
                                                                   Point Sophia.
----------------------------------------------------------------------------------------------------------------


[[Page 788]]

    (3) Shellfish determinations.

------------------------------------------------------------------------
            Area                     Species            Determination
------------------------------------------------------------------------
BERING SEA AREA.............  All shellfish.......  Residents of the
                                                     Bering Sea Area.
ALASKA PENINSULA-ALEUTIAN     Shrimp, Dungeness,    Residents of the
 ISLANDS AREA.                 king, and Tanner      Alaska Peninsula-
                               crab.                 Aleutian Islands
                                                     Area.
KODIAK AREA.................  Shrimp, Dungeness,    Residents of the
                               and Tanner crab.      Kodiak Area.
Kodiak Area, except for the   King crab...........  Residents of the
 Semidi Island, the North                            Kodiak Island
 Mainland, and the South                             Borough except
 Mainland Sections.                                  those residents on
                                                     the Kodiak Coast
                                                     Guard base.
PRINCE WILLIAM SOUND AREA...  Shrimp, clams,        Residents of the
                               Dungeness, king,      Prince William
                               and Tanner crab.      Sound Area.
SOUTHEASTERN ALASKA--YAKUTAT
 AREA:
    Section 1-E south of the  Shellfish, except     Residents of the
     latitude of Grant         shrimp, king crab,    Southeast Area.
     Island light.             and Tanner crab.
    Section 1-F north of the  Shellfish, except     Residents of the
     latitude of the           shrimp, king crab,    Southeast Area.
     northernmost tip of       and Tanner crab.
     Mary Island, except
     waters of Boca de
     Quadra.
Section 3-A and 3-B.........  Shellfish, except     Residents of the
                               shrimp, king crab,    Southeast Area.
                               and Tanner crab.
District 13.................  Dungeness crab,       Residents of the
                               shrimp, abalone,      Southeast Area.
                               sea cucumbers, gum
                               boots, cockles, and
                               clams, except
                               geoducks.
------------------------------------------------------------------------


[64 FR 1293, Jan. 8, 1999; 64 FR 35823, July 1, 1999]



           Subpart D--Subsistence Taking of Fish and Wildlife



Sec. 100.25  Subsistence taking of wildlife.

    (a) Definitions. The following definitions shall apply to all 
regulations contained in this section:
    ADF&G means the Alaska Department of Fish and Game.
    Aircraft means any kind of airplane, glider, or other device used to 
transport people or equipment through the air, excluding helicopters.
    Airport means an airport listed in the Federal Aviation 
Administration, Alaska Airman's Guide and chart supplement.
    Animal means those species with a vertebral column (backbone).
    Antler means one or more solid, horn-like appendages protruding from 
the head of a caribou, deer, elk, or moose.
    Antlered means any caribou, deer, elk, or moose having at least one 
visible antler.
    Antlerless means any caribou, deer, elk, or moose not having visible 
antlers attached to the skull.
    Bear means black bear, or brown or grizzly bear.
    Bow means a longbow, recurve bow, or compound bow, excluding a 
crossbow, or any bow equipped with a mechanical device that holds arrows 
at full draw.
    Broadhead means an arrowhead that is not barbed and has two or more 
steel cutting edges having a minimum cutting diameter of not less than 
seven-eighths inch.
    Brow tine means a tine on the front portion of a moose antler, 
typically projecting forward from the base of the antler toward the 
nose.
    Buck means any male deer.
    Bull means any male moose, caribou, elk, or musk oxen.
    Closed season means the time when wildlife may not be taken.
    Cub bear means a brown or grizzly bear in its first or second year 
of life, or a black bear (including cinnamon and blue phases) in its 
first year of life.
    Designated hunter means a Federally qualified, licensed hunter who 
may take all or a portion of another Federally qualified, licensed 
hunter's harvest limit(s) only under situations approved by the Board.
    Edible meat means the breast meat of ptarmigan and grouse, and, 
those parts of black bear, brown and grizzly bear, caribou, deer, elk, 
mountain goat, moose, musk oxen, and Dall sheep that are typically used 
for human consumption, which are: the meat of the ribs, neck, brisket, 
front quarters as far as the juncture of the humerus and radius-ulna 
(elbow), hindquarters as far as the distal joint (bottom) of the

[[Page 789]]

tibia-fibula (hock) and that portion of the animal between the front and 
hindquarters; however, edible meat of species listed above does not 
include: meat of the head, meat that has been damaged and made inedible 
by the method of taking, bones, sinew, and incidental meat reasonably 
lost as a result of boning or close trimming of the bones, or viscera.
    Federally-qualified subsistence user means a rural Alaska resident 
qualified to harvest fish or wildlife on Federal public lands in 
accordance with the Federal Subsistence Management Regulations in this 
part.
    Fifty-inch (50-inch) moose means a bull moose with an antler spread 
of 50 inches or more.
    Full curl horn means the horn of a Dall sheep ram; the tip of which 
has grown through 360 degrees of a circle described by the outer surface 
of the horn, as viewed from the side, or that both horns are broken, or 
that the sheep is at least 8 years of age as determined by horn growth 
annuli.
    Furbearer means a beaver, coyote, arctic fox, red fox, lynx, marten, 
mink, weasel, muskrat, river (land) otter, red squirrel, flying 
squirrel, ground squirrel, marmot, wolf, or wolverine.
    Grouse collectively refers to all species found in Alaska, including 
spruce grouse, ruffed grouse, blue grouse and sharp-tailed grouse.
    Hare or hares collectively refers to all species of hares (commonly 
called rabbits) in Alaska and includes snowshoe hare and tundra hare.
    Harvest limit means the number of any one species permitted to be 
taken by any one person in a Unit or portion of a Unit in which the 
taking occurs.
    Highway means the driveable surface of any constructed road.
    Household means that group of people residing in the same residence.
    Hunting means the taking of wildlife within established hunting 
seasons with archery equipment or firearms, and as authorized by a 
required hunting license.
    Marmot collectively refers to all species of marmot that occur in 
Alaska including the hoary marmot, Alaska marmot, and the woodchuck.
    Motorized vehicle means a motor-driven land, air, or water 
conveyance.
    Open season means the time when wildlife may be taken by hunting or 
trapping; an open season includes the first and last days of the 
prescribed season period.
    Otter means river or land otter only, excluding sea otter.
    Permit hunt means a hunt for which State or Federal permits are 
issued by registration or other means.
    Poison means any substance which is toxic, or poisonous upon contact 
or ingestion.
    Possession means having direct physical control of wildlife at a 
given time or having both the power and intention to exercise dominion 
or control of wildlife either directly or through another person or 
persons.
    Ptarmigan collectively refers to all species found in Alaska, 
including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.
    Ram means a male Dall sheep.
    Registration permit means a permit which authorizes hunting and is 
issued to a person who agrees to the specified hunting conditions. 
Hunting permitted by a registration permit begins on an announced date 
and continues throughout the open season, or until the season is closed 
by Board action. Registration permits are issued in the order 
applications are received and/or are based on priorities as determined 
by 50 CFR 100.17 and 36 CFR 242.17.
    Sealing means placing a mark or tag on a portion of a harvested 
animal by an authorized representative of the ADF&G sealing includes 
collecting and recording information about the conditions under which 
the animal was harvested, and measurements of the specimen submitted for 
sealing or surrendering a specific portion of the animal for biological 
information.
    Seven-eighths curl horn means the horn of a male Dall sheep, the tip 
of which has grown through seven-eights (315 degrees) of a circle, 
described by the outer surface of the horn, as viewed from the side, or 
with both horns broken.
    Skin, hide, pelt, or fur means any tanned or untanned external 
covering of an animal's body; excluding bear. The skin, hide, fur, or 
pelt of a bear shall mean the entire external covering with claws 
attached.

[[Page 790]]

    Spike-fork moose means a bull moose with only one or two tines on 
either antler; male calves are not spike-fork bulls.
    Take or Taking means to pursue, hunt, shoot, trap, net, capture, 
collect, kill, harm, or attempt to engage in any such conduct.
    Tine or antler point refers to any point on an antler, the length of 
which is greater than its width and is at least one inch.
    Transportation means to ship, convey, carry, or transport by any 
means whatever and deliver or receive for such shipment, conveyance, 
carriage, or transportation.
    Trapping means the taking of furbearers within established trapping 
seasons and with a required trapping license.
    Unclassified wildlife or unclassified species means all species of 
animals not otherwise classified by the definitions in this paragraph 
(a), or regulated under other Federal law as listed in paragraph (i) of 
this section.
    Ungulate means any species of hoofed mammal, including deer, 
caribou, elk, moose, mountain goat, Dall sheep, and musk oxen.
    Unit means one of the 26 geographical areas in the State of Alaska 
known as Game Management Units, or GMU, and collectively listed in this 
section as Units.
    Wildlife means any hare (rabbit), ptarmigan, grouse, ungulate, bear, 
furbearer, or unclassified species and includes any part, product, egg, 
or offspring thereof, or carcass or part thereof.
    (b) Hunters may take wildlife for subsistence uses by any method, 
except as prohibited in this section or by other Federal statute. Taking 
wildlife for subsistence uses by a prohibited method is a violation of 
this part. Seasons are closed unless opened by Federal regulation. 
Hunting or trapping during a closed season or in an area closed by this 
part is prohibited.
    (1) Except for special provisions found at paragraphs (k)(1) through 
(26) of this section, the following methods and means of taking wildlife 
for subsistence uses are prohibited:
    (i) Shooting from, on, or across a highway;
    (ii) Using any poison;
    (iii) Using a helicopter in any manner, including transportation of 
individuals, equipment or wildlife; however, this prohibition does not 
apply to transportation of an individual, gear, or wildlife during an 
emergency rescue operation in a life threatening situation;
    (iv) Taking wildlife from a motorized land or air vehicle, when that 
vehicle is in motion or from a motor-driven boat when the boat's 
progress from the motor's power has not ceased;
    (v) Using a motorized vehicle to drive, herd, or molest wildlife;
    (vi) Using or being aided by use of a machine gun, set gun, or a 
shotgun larger than 10 gauge;
    (vii) Using a firearm other than a shotgun, muzzle-loaded rifle, 
rifle or pistol using center-firing cartridges, for the taking of 
ungulates, bear, wolves or wolverine, except that--
    (A) An individual in possession of a valid trapping license may use 
a firearm that shoots rimfire cartridges to take wolves and wolverine;
    (B) Only a muzzle-loading rifle of .54-caliber or larger, or a .45-
caliber muzzle-loading rifle with a 250-grain, or larger, elongated slug 
may be used to take brown bear, black bear, elk, moose, musk oxen and 
mountain goat;
    (viii) Using or being aided by use of a pit, fire, artificial light, 
radio communication, artificial salt lick, explosive, barbed arrow, 
bomb, smoke, chemical, conventional steel trap with a jaw spread over 
nine inches, or conibear style trap with a jaw spread over 11 inches;
    (ix) Using a snare, except that an individual in possession of a 
valid hunting license may use nets and snares to take unclassified 
wildlife, ptarmigan, grouse, or hares; and, individuals in possession of 
a valid trapping license may use snares to take furbearers;
    (x) Using a trap to take ungulates or bear;
    (xi) Using hooks to physically snag, impale, or otherwise take 
wildlife; however, hooks may be used as a trap drag;
    (xii) Using a crossbow to take ungulates, bear, wolf, or wolverine 
in any area restricted to hunting by bow and arrow only;

[[Page 791]]

    (xiii) Taking of ungulates, bear, wolf, or wolverine with a bow, 
unless the bow is capable of casting a \7/8\ inch wide broadhead-tipped 
arrow at least 175 yards horizontally, and the arrow and broadhead 
together weigh at least one ounce (437.5 grains);
    (xiv) Using bait for taking ungulates, bear, wolf, or wolverine; 
except, you may use bait to take wolves and wolverine with a trapping 
license, and, you may use bait to take black bears with a hunting 
license as authorized in Unit-specific regulations at paragraphs (k)(1) 
through (26) of this section. Baiting of black bears is subject to the 
following restrictions:
    (A) Before establishing a black bear bait station, you must register 
the site with ADF&G
    (B) When using bait you must clearly mark the site with a sign 
reading ``black bear bait station'' that also displays your hunting 
license number and ADF&G assigned number;
    (C) You may use only biodegradable materials for bait; you may use 
only the head, bones, viscera, or skin of legally harvested fish and 
wildlife for bait;
    (D) You may not use bait within one-quarter mile of a publicly 
maintained road or trail;
    (E) You may not use bait within one mile of a house or other 
permanent dwelling, or within one mile of a developed campground, or 
developed recreational facility;
    (F) When using bait, you must remove litter and equipment from the 
bait station site when done hunting;
    (G) You may not give or receive payment for the use of a bait 
station, including barter or exchange of goods;
    (H) You may not have more than two bait stations with bait present 
at any one time;
    (xv) Taking swimming ungulates, bears, wolves or wolverine;
    (xvi) Taking or assisting in the taking of ungulates, bear, wolves, 
wolverine, or other furbearers before 3:00 a.m. following the day in 
which airborne travel occurred (except for flights in regularly 
scheduled commercial aircraft); however, this restriction does not apply 
to subsistence taking of deer;
    (xvii) Taking a bear cub or a sow accompanied by cub(s).
    (2) Wildlife taken in defense of life or property is not a 
subsistence use; wildlife so taken is subject to State regulations.
    (3) The following methods and means of trapping furbearers, for 
subsistence uses pursuant to the requirements of a trapping license are 
prohibited, in addition to the prohibitions listed at paragraph (b)(1) 
of this section:
    (i) Disturbing or destroying a den, except that you may disturb a 
muskrat pushup or feeding house in the course of trapping;
    (ii) Disturbing or destroying any beaver house;
    (iii) Taking beaver by any means other than a steel trap or snare, 
except that you may use firearms in certain Units with established 
seasons as identified in Unit-specific regulations found in this 
subpart;
    (iv) Taking otter with a steel trap having a jaw spread of less than 
five and seven-eighths inches during any closed mink and marten season 
in the same Unit;
    (v) Using a net, or fish trap (except a blackfish or fyke trap);
    (vi) Taking beaver in the Minto Flats Management Area with the use 
of an aircraft for ground transportation, or by landing within one mile 
of a beaver trap or set used by the transported person;
    (vii) Taking or assisting in the taking of furbearers by firearm 
before 3:00 a.m. on the day following the day on which airborne travel 
occurred; however, this does not apply to a trapper using a firearm to 
dispatch furbearers caught in a trap or snare.
    (c) Possession and transportation of wildlife. (1) Except as 
specified in paragraphs (c)(3)(ii) or (c)(4) of this section, or as 
otherwise provided, you may not take a species of wildlife in any Unit, 
or portion of a Unit, if your total take of that species already 
obtained anywhere in the State under Federal and State regulations 
equals or exceeds the harvest limit in that Unit.
    (2) An animal taken under Federal or State regulations by any member 
of a community with an established community harvest limit for that 
species counts toward the community harvest

[[Page 792]]

limit for that species. Except for wildlife taken pursuant to 
Sec. 100.6(f)(3) or as otherwise provided for by this part, an animal 
taken as part of a community harvest limit counts toward every community 
member's harvest limit for that species taken under Federal or State of 
Alaska regulations.
    (3) Harvest limits. (i) Harvest limits, including those related to 
ceremonial uses, authorized by this section and harvest limits 
established in State regulations may not be accumulated.
    (ii) Wildlife taken by a designated hunter for another person 
pursuant to Sec. 100.6(f)(2), counts toward the individual harvest limit 
of the person for whom the wildlife is taken.
    (4) The harvest limit specified for a trapping season for a species 
and the harvest limit set for a hunting season for the same species are 
separate and distinct. This means that if you have taken a harvest limit 
for a particular species under a trapping season, you may take 
additional animals under the harvest limit specified for a hunting 
season or vice versa.
    (5) A brown/grizzly bear taken in a Unit or portion of a Unit having 
a harvest limit of one brown/grizzly bear per year counts against a one 
brown/grizzly bear every four regulatory years harvest limit in other 
Units; an individual may not take more than one brown/grizzly bear in a 
regulatory year.
    (6) A harvest limit applies to the number of animals that can be 
taken during a regulatory year; however, harvest limits for grouse, 
ptarmigan, and caribou (in some Units) are regulated by the number that 
may be taken per day. Harvest limits of grouse and ptarmigan are also 
regulated by the number that can be held in possession.
    (7) Unless otherwise provided, any person who gives or receives 
wildlife shall furnish, upon a request made by a Federal or State agent, 
a signed statement describing the following: names and addresses of 
persons who gave and received wildlife, the time and place that the 
wildlife was taken, and identification of species transferred. Where a 
qualified subsistence user has designated another qualified subsistence 
user to take wildlife on his or her behalf in accordance with 
Sec. 100.6, the permit shall be furnished in place of a signed 
statement.
    (8) A rural Alaska resident who has been designated to take wildlife 
on behalf of another rural Alaska resident in accordance with 
Sec. 100.6, shall promptly deliver the wildlife to that rural Alaska 
resident.
    (9) You may not possess, transport, give, receive, or barter 
wildlife that was taken in violation of Federal or State statutes or a 
regulation promulgated thereunder.
    (10) Evidence of sex and identity. (i) If subsistence take of Dall 
sheep is restricted to a ram, you may not possess or transport a 
harvested sheep unless both horns accompany the animal.
    (ii) If the subsistence taking of an ungulate, except sheep, is 
restricted to one sex in the local area, you may not possess or 
transport the carcass of an animal taken in that area unless sufficient 
portions of the external sex organs remain attached to indicate 
conclusively the sex of the animal; however, this paragraph (c)(10)(ii) 
does not apply to the carcass of an ungulate that has been butchered and 
placed in storage or otherwise prepared for consumption upon arrival at 
the location where it is to be consumed.
    (iii) If a moose harvest limit includes an antler size or 
configuration restriction, you may not possess or transport the moose 
carcass or its parts unless both antlers accompany the carcass or its 
parts. If you possess a set of antlers with less than the required 
number of brow tines on one antler, you must leave the antlers naturally 
attached to the unbroken, uncut skull plate; however, this paragraph 
(c)(10)(iii) does not apply to a moose carcass or its parts that have 
been butchered and placed in storage or otherwise prepared for 
consumption after arrival at the place where it is to be stored or 
consumed.
    (11) You must leave all edible meat from caribou and moose harvested 
in Units 9(B), 17, and 19(B) prior to October 1 on the bones of the 
front quarters and hind quarters until you remove the meat from the 
field or process it for human consumption.
    (d) If you take an animal that has been marked or tagged for 
scientific studies, you must, within a reasonable time, notify the ADF&G 
or the agency

[[Page 793]]

identified on the collar or marker, when and where the animal was taken. 
You also must retain any ear tag, collar, radio, tattoo, or other 
identification with the hide until it is sealed, if sealing is required; 
in all cases, you must return any identification equipment to the ADF&G 
or to an agency identified on such equipment.
    (e) Sealing of bear skins and skulls. (1) Sealing requirements for 
bear shall apply to brown bears taken in all Units, except as specified 
in this paragraph, and black bears of all color phases taken in Units 1-
7, 11-17, and 20.
    (2) You may not possess or transport from Alaska, the untanned skin 
or skull of a bear unless the skin and skull have been sealed by an 
authorized representative of ADF&G in accordance with State or Federal 
regulations, except that the skin and skull of a brown bear taken under 
a registration permit in the Western Alaska Brown Bear Management Area, 
the Northwest Alaska Brown Bear Management Area, Unit 5, or Unit 9(B) 
need not be sealed unless removed from the area.
    (3) You must keep a bear skin and skull together until a 
representative of the ADF&G has removed a rudimentary premolar tooth 
from the skull and sealed both the skull and the skin; however, this 
provision shall not apply to brown bears taken within the Western Alaska 
Brown Bear Management Area, the Northwest Alaska Brown Bear Management 
Area, Unit 5, or Unit 9(B) which are not removed from the Management 
Area or Unit.
    (i) In areas where sealing is required by Federal regulations, you 
may not possess or transport the hide of a bear which does not have the 
penis sheath or vaginal orifice naturally attached to indicate 
conclusively the sex of the bear.
    (ii) If the skin or skull of a bear taken in the Western Alaska 
Brown Bear Management Area is removed from the area, you must first have 
it sealed by an ADF&G representative in Bethel, Dillingham, or McGrath; 
at the time of sealing, the ADF&G representative shall remove and retain 
the skin of the skull and front claws of the bear.
    (iii) If you remove the skin or skull of a bear taken in the 
Northwestern Alaska Brown Bear Management Area from the area or present 
it for commercial tanning within the Management Area, you must be first 
have it sealed by an ADF&G representative in Barrow, Fairbanks, Galena, 
Nome, or Kotzebue; at the time of sealing, the ADF&G representative 
shall remove and retain the skin of the skull and front claws of the 
bear.
    (iv) If you remove the skin or skull of a bear taken in Unit 5 from 
the area, you must first have it sealed by an ADF&G representative in 
Yakutat; at the time of sealing, the ADF&G representative shall remove 
and retain the skin of the skull and front claws of the bear.
    (4) You may not falsify any information required on the sealing 
certificate or temporary sealing form provided by the ADF&G in 
accordance with State regulations.
    (f) Sealing of beaver, lynx, marten, otter, wolf, and wolverine. You 
may not possess or transport from Alaska the untanned skin of a marten 
taken in Units 1-5, 7, 13(E), and 14-16 or the untanned skin of a 
beaver, lynx, otter, wolf, or wolverine, whether taken inside or outside 
the state, unless the skin has been sealed by an authorized 
representative of ADF&G in accordance with State regulations.
    (1) You must seal any wolf taken in Unit 2 on or before the 30th day 
after the date of taking.
    (2) You must leave the radius and ulna of the left foreleg naturally 
attached to the hide of any wolf taken in Units 1-5 until the hide is 
sealed.
    (g) A person who takes a species listed in paragraph (f) of this 
section but who is unable to present the skin in person, must complete 
and sign a temporary sealing form and ensure that the completed 
temporary sealing form and skin are presented to an authorized 
representative of ADF&G for sealing consistent with requirements listed 
in paragraph (f) of this section.
    (h) Utilization of wildlife. (1) You may not use wildlife as food 
for a dog or furbearer, or as bait, except for the following:
    (i) The hide, skin, viscera, head, or bones of wildlife;
    (ii) The skinned carcass of a furbearer;

[[Page 794]]

    (iii) Squirrels, hares (rabbits), grouse, and ptarmigan; however, 
you may not use the breast meat of grouse and ptarmigan as animal food 
or bait;
    (iv) Unclassified wildlife.
    (2) If you take wildlife for subsistence, you must salvage the 
following parts for human use:
    (i) The hide of a wolf, wolverine, coyote, fox, lynx, marten, mink, 
weasel, or otter;
    (ii) The hide and edible meat of a brown bear, except that the hide 
of brown bears taken in the Western and Northwestern Alaska Brown Bear 
Management Areas and Units 5 and 9(B) need not be salvaged;
    (iii) The hide and edible meat of a black bear;
    (iv) The hide or meat of squirrels, hares (rabbits), marmots, 
beaver, muskrats, or unclassified wildlife.
    (3) You must salvage the edible meat of ungulates, bear, grouse and 
ptarmigan.
    (4) Failure to salvage the edible meat may not be a violation if 
such failure is caused by circumstances beyond the control of a person, 
including theft of the harvested wildlife, unanticipated weather 
conditions, or unavoidable loss to another animal.
    (i) The regulations found in this section do not apply to the 
subsistence taking and use of wildlife regulated pursuant to the Fur 
Seal Act of 1966 (80 Stat. 1091, 16 U.S.C. 1187), the Endangered Species 
Act of 1973 (87 Stat. 884, 16 U.S.C. 1531-1543), the Marine Mammal 
Protection Act of 1972 (86 Stat. 1027; 16 U.S.C. 1361-1407), and the 
Migratory Bird Treaty Act (40 Stat. 755; 16 U.S.C. 703-711), or any 
amendments to these Acts. The taking and use of wildlife, covered by 
these Acts, will conform to the specific provisions contained in these 
Acts, as amended, and any implementing regulations.
    (j) Rural residents, non-rural residents, and nonresidents not 
specifically prohibited by Federal regulations from hunting or trapping 
on public lands in an area, may hunt or trap on public lands in 
accordance with the appropriate State regulations.
    (k) Unit regulations. You may take for subsistence unclassified 
wildlife, all squirrel species, and marmots in all Units, without 
harvest limits, for the period of July 1-June 30. You may not take for 
subsistence wildlife outside established Unit seasons, or in excess of 
the established Unit harvest limits, unless otherwise provided for by 
the Board. You may take wildlife under State regulations on public 
lands, except as otherwise restricted at paragraphs (k)(1) through (26) 
of this section. Additional Unit-specific restrictions or allowances for 
subsistence taking of wildlife are identified at paragraphs (k)(1) 
through (26) of this section.
    (1) Unit 1. Unit 1 consists of all mainland drainages from Dixon 
Entrance to Cape Fairweather, and those islands east of the center line 
of Clarence Strait from Dixon Entrance to Caamano Point, and all islands 
in Stephens Passage and Lynn Canal north of Taku Inlet:
    (i) Unit 1(A) consists of all drainages south of the latitude of 
Lemesurier Point including all drainages into Behm Canal, excluding all 
drainages of Ernest Sound;
    (ii) Unit 1(B) consists of all drainages between the latitude of 
Lemesurier Point and the latitude of Cape Fanshaw including all 
drainages of Ernest Sound and Farragut Bay, and including the islands 
east of the center lines of Frederick Sound, Dry Strait (between Sergief 
and Kadin Islands), Eastern Passage, Blake Channel (excluding Blake 
Island), Ernest Sound, and Seward Passage;
    (iii) Unit 1(C) consists of that portion of Unit 1 draining into 
Stephens Passage and Lynn Canal north of Cape Fanshaw and south of the 
latitude of Eldred Rock including Berners Bay, Sullivan Island, and all 
mainland portions north of Chichagof Island and south of the latitude of 
Eldred Rock, excluding drainages into Farragut Bay;
    (iv) Unit 1(D) consists of that portion of Unit 1 north of the 
latitude of Eldred Rock, excluding Sullivan Island and the drainages of 
Berners Bay;
    (v) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Public lands within Glacier Bay National Park are closed to all 
taking of wildlife for subsistence uses;
    (B) Unit 1(A)--in the Hyder area, the Salmon River drainage 
downstream

[[Page 795]]

from the Riverside Mine, excluding the Thumb Creek drainage, is closed 
to the taking of bear;
    (C) Unit 1(B)--the Anan Creek drainage within one mile of Anan Creek 
downstream from the mouth of Anan Lake, including the area within a one 
mile radius from the mouth of Anan Creek Lagoon, is closed to the taking 
of black bear and brown bear;
    (D) Unit 1(C):
    (1) You may not hunt within one-fourth mile of Mendenhall Lake, the 
U.S. Forest Service Mendenhall Glacier Visitor's Center, and the 
Center's parking area;
    (2) You may not take mountain goat in the area of Mt. Bullard 
bounded by the Mendenhall Glacier, Nugget Creek from its mouth to its 
confluence with Goat Creek, and a line from the mouth of Goat Creek 
north to the Mendenhall Glacier;
    (vi) You may not trap furbearers for subsistence uses in Unit 1(C), 
Juneau area, on the following public lands:
    (A) A strip within one-quarter mile of the mainland coast between 
the end of Thane Road and the end of Glacier Highway at Echo Cove;
    (B) That area of the Mendenhall Valley bounded on the south by the 
Glacier Highway, on the west by the Mendenhall Loop Road and Montana 
Creek Road and Spur Road to Mendenhall Lake, on the north by Mendenhall 
Lake, and on the east by the Mendenhall Loop Road and Forest Service 
Glacier Spur Road to the Forest Service Visitor Center;
    (C) That area within the U.S. Forest Service Mendenhall Glacier 
Recreation Area;
    (D) A strip within one-quarter mile of the following trails as 
designated on U.S. Geological Survey maps: Herbert Glacier Trail, 
Windfall Lake Trail, Peterson Lake Trail, Spaulding Meadows Trail 
(including the loop trail), Nugget Creek Trail, Outer Point Trail, Dan 
Moller Trail, Perseverance Trail, Granite Creek Trail, Mt. Roberts Trail 
and Nelson Water Supply Trail, Sheep Creek Trail, and Point Bishop 
Trail;
    (vii) Unit-specific regulations:
    (A) You may hunt black bear with bait in Units 1(A), 1(B), and 1(D) 
between April 15 and June 15;
    (B) You may not use boats to take ungulates, bear, wolves, or 
wolverine, unless you are certified as disabled;
    (C) You may take wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
if:
    (1) The person organizing the religious ceremony, or designee, 
contacts the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, and the Unit(s) in which the taking 
will occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (D) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.

[[Page 796]]



------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 2 bears, no more than   Sept. 1-June 30.
 one may be a blue or glacier bear.
Brown Bear: 1 bear every four       Sept. 15-Dec. 31.
 regulatory years by State          Mar. 15-May 31.
 registration permit only.
Deer:
    Unit 1(A)--4 antlered deer....  Aug. 1-Dec. 31.
    Unit 1(B)--2 antlered deer....  Aug. 1-Dec. 31.
    Unit 1(C)--4 deer; however,     Aug. 1-Dec. 31.
     antlerless deer may be taken
     only from Sept. 15--Dec. 31.
Goat:
    Unit 1(A)--Revillagigedo        No open season.
     Island only.
    Unit 1(B)--that portion north   Aug. 1-Dec. 31.
     of LeConte Bay. 1 goat by
     State registration permit
     only; the taking of kids or
     nannies accompanied by kids
     is prohibited.
    Unit 1(B)--that portion         Aug. 1-Dec. 31.
     between LeConte Bay and the
     North Fork of Bradfield River/
     Canal. 2 goats; a State
     registration permit will be
     required for the taking of
     the first goat and a Federal
     registration permit for the
     taking of a second goat; the
     taking of kids or nannies
     accompanied by kids is
     prohibited.
    Unit 1(A) and Unit 1(B)--       Aug. 1-Dec. 31.
     remainder--2 goats by State
     registration permit only.
    Unit 1(C)--that portion         Oct. 1-Nov. 30.
     draining into Lynn Canal and
     Stephens Passage between
     Antler River and Eagle
     Glacier and River, and all
     drainages of the Chilkat
     Range south of the Endicott
     River--1 goat by State
     registration permit only.
    Unit 1(C)--that portion         No open season.
     draining into Stephens
     Passage and Taku Inlet
     between Eagle Glacier and
     River and Taku Glacier.
    Unit 1(C)--remainder--1 goat    Aug. 1-Nov. 30.
     by State registration permit
     only.
    Unit 1(D)--that portion lying   Sept. 15-Nov. 30.
     north of the Katzehin River
     and northeast of the Haines
     highway--1 goat by State
     registration permit only.
    Unit 1(D)--that portion lying   No open season.
     between Taiya Inlet and River
     and the White Pass and Yukon
     Railroad.
    Unit 1(D)--remainder--1 goat    Aug. 1-Dec. 31.
     by State registration permit
     only.
Moose:
    Unit 1(A)--1 antlered bull....  Sept. 15-Oct. 15.
    Unit 1(B)--1 antlered bull      Sept. 15-Oct. 15.
     with spike-fork or 50-inch
     antlers or 3 or more brow
     tines on either antler, by
     State registration permit
     only.
    Unit 1(C), that portion south   Sept. 15-Oct. 15.
     of Point Hobart including all
     Port Houghton drainages--1
     antlered bull with spike-fork
     or 50-inch antlers or 3 or
     more brow tines on either
     antler, by State registration
     permit only.
    Unit 1(C)--remainder,           Sept. 15-Oct. 15.
     excluding drainages of
     Berners Bay--1 antlered bull
     by State registration permit
     only.
    Unit 1(D).....................  No open season.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black,   Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): 5       Sept. 1-Apr. 30.
 hares per day.
Lynx: 2 lynx......................  Dec. 1-Feb. 15.
Wolf: 5 wolves....................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine............  Nov. 10--Feb. 15.
Grouse (Spruce, Blue, Ruffed, and   Aug. 1-May 15.
 Sharp-tailed): 5 per day, 10 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: Unit 1(A), (B), and (C)--   Dec. 1-May 15.
 No limit.
Coyote: No limit..................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black,   Dec. 1-Feb. 15.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten: No limit..................  Dec. 1-Feb. 15.
Mink and Weasel: No limit.........  Dec. 1-Feb. 15.
Muskrat: No limit.................  Dec. 1-Feb. 15.
Otter: No limit...................  Dec. 1-Feb. 15.
Wolf: No limit....................  Nov. 10-Apr. 30.
Wolverine: No limit...............  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (2) Unit 2. Unit 2 consists of Prince of Wales Island and all 
islands west of the center lines of Clarence Strait and Kashevarof 
Passage, south and east of the center lines of Sumner Strait, and east 
of the longitude of the western most point on Warren Island.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) You may not use boats to take ungulates, bear, wolves, or 
wolverine, unless you are certified as disabled;
    (C) You may take wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a

[[Page 797]]

funerary or mortuary cycle, including memorial potlatches, if:
    (1) The person organizing the religious ceremony, or designee, 
contacts the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, and the Unit(s) in which the taking 
will occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (D) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.
    (ii) [Reserved].

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 2 bears, no more than   Sept. 1-June 30.
 one may be a blue or glacier bear.
Deer:
    4 deer; however, no more than
     one may be an antlerless deer.
    Antlerless deer may be taken    Aug. 1-Dec. 31
     only during the period Oct.
     15--Dec. 31 by Federal
     registration permit only.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black,   Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): 5       Sept. 1-Apr. 30.
 hares per day.
Lynx: 2 lynx......................  Dec. 1-Feb. 15.
Wolf: 5 wolves....................  Dec. 1-Mar. 31.
Wolverine: 1 wolverine............  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and   Aug. 1-May 15.
 Sharp-tailed): 5 per day, 10 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.
             Trapping
 
Beaver: No limit..................  Dec. 1-May 15.
Coyote: No limit..................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black,   Dec. 1-Feb. 15.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten: No limit..................  Dec. 1-Feb. 15.
Mink and Weasel: No limit.........  Dec. 1-Feb. 15.
Muskrat: No limit.................  Dec. 1-Feb. 15.
Otter: No limit...................  Dec. 1-Feb. 15.
Wolf: No limit....................  Dec. 1-Mar. 31.
Wolverine: No limit...............  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (3) Unit 3. (i) Unit 3 consists of all islands west of Unit 1(B), 
north of Unit 2, south of the center line of Frederick Sound, and east 
of the center line of Chatham Strait including Coronation, Kuiu, 
Kupreanof, Mitkof, Zarembo, Kashevarof, Woronkofski, Etolin, Wrangell, 
and Deer Islands.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) In the Petersburg vicinity, you may not take ungulates, bear, 
wolves, and wolverine along a strip one-fourth mile wide on each side of 
the Mitkof Highway from Milepost 0 to Crystal Lake campground;

[[Page 798]]

    (B) You may not take black bears in the Petersburg Creek drainage on 
Kupreanof Island;
    (C) You may not hunt in the Blind Slough draining into Wrangell 
Narrows and a strip one-fourth mile wide on each side of Blind Slough, 
from the hunting closure markers at the southernmost portion of Blind 
Island to the hunting closure markers one mile south of the Blind Slough 
bridge.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) You may not use boats to take ungulates, bear, wolves, or 
wolverine, unless you are certified as disabled;
    (C) You may take wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
if:
    (1) The person organizing the religious ceremony, or designee, 
contact the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, and the Unit(s) in which the taking 
will occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (D) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 2 bears, no more than   Sept. 1-June 30.
 one may be a blue or glacier bear.
Deer:
    Unit 3--Mitkof Island,          Oct. 15-Oct. 31.
     Woewodski Island, Butterworth
     Islands, and that portion of
     Kupreanof Island which
     includes Lindenburg Peninsula
     east of the Portage Bay/
     Duncan Canal Portage--1
     antlered deer by State
     registration permit only;
     however, the city limits of
     Petersburg and Kupreanof are
     closed to hunting.
    Unit 3--remainder--2 antlered   Aug. 1-Nov. 30.
     deer.
Moose:
    1 antlered bull with spike-     Sept. 15-Oct. 15.
     fork or 50-inch antlers or 3
     or more brow tines on either
     antler by State registration
     permit only.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black,   Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): 5       Sept. 1-Apr. 30.
 hares per day.
Lynx: 2 lynx......................  Dec. 1-Feb. 15.
Wolf: 5 wolves....................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine............  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and   Aug. 1-May 15.
 Sharp-tailed): 5 per day, 10 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver:
    Unit 3--Mitkof Island--No       Dec. 1-Apr. 15.
     limit.
    Unit 3--except Mitkof Island--  Dec. 1-May 15.
     No limit.
Coyote: No limit..................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black,   Dec. 1-Feb. 15.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten: No limit..................  Dec. 1-Feb. 15.
Mink and Weasel: No limit.........  Dec. 1-Feb. 15.

[[Page 799]]

 
Muskrat: No limit.................  Dec. 1-Feb. 15.
Otter: No limit...................  Dec. 1-Feb. 15.
Wolf: No limit....................  Nov. 10-Apr. 30.
Wolverine: No limit...............  Nov. 10.-Apr. 30.
------------------------------------------------------------------------

    (4) Unit 4. (i) Unit 4 consists of all islands south and west of 
Unit 1(C) and north of Unit 3 including Admiralty, Baranof, Chichagof, 
Yakobi, Inian, Lemesurier, and Pleasant Islands.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take bears in the Seymour Canal Closed Area 
(Admiralty Island) including all drainages into northwestern Seymour 
Canal between Staunch Point and the southernmost tip of the unnamed 
peninsula separating Swan Cove and King Salmon Bay including Swan and 
Windfall Islands;
    (B) You may not take bears in the Salt Lake Closed Area (Admiralty 
Island) including all lands within one-fourth mile of Salt Lake above 
Klutchman Rock at the head of Mitchell Bay;
    (C) You may not take brown bears in the Port Althorp Closed Area 
(Chichagof Island), that area within the Port Althorp watershed south of 
a line from Point Lucan to Salt Chuck Point (Trap Rock);
    (D) You may not use any motorized land vehicle for brown bear 
hunting in the Northeast Chichagof Controlled Use Area (NECCUA) 
consisting of all portions of Unit 4 on Chichagof Island north of 
Tenakee Inlet and east of the drainage divide from the northwest point 
of Gull Cove to Port Frederick Portage, including all drainages into 
Port Frederick and Mud Bay;
    (E) You may not use any motorized land vehicle for the taking of 
marten, mink, and weasel on Chichagof Island.
    (iii) Unit-specific regulations:
    (A) You may not use boats to take bear, wolves, or wolverine, unless 
you are certified as disabled;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time;
    (C) You may take of wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
if:
    (1) The person organizing the religious ceremony, or designee, 
contacts the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, and the Unit(s) in which the taking 
will occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;
    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur.

[[Page 800]]



------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Brown Bear:
    Unit 4--Chichagof Island south  Sept. 15-Dec. 21.
     and west of a line that        Mar. 15-May 31.
     follows the crest of the
     island from Rock Point (58
     deg. N. lat., 136 deg. 21' W.
     long.) to Rodgers Point (57
     deg. 35' N. lat., 135 deg.
     33' W. long.) including
     Yakobi and other adjacent
     islands; Baranof Island south
     and west of a line which
     follows the crest of the
     island from Nismeni Point (57
     deg. 34' N. lat., 135 deg.
     25' W. long.) to the entrance
     of Gut Bay (56 deg. 44' N.
     lat. 134 deg. 38' W. long.)
     including the drainages into
     Gut Bay and including Kruzof
     and other adjacent islands--1
     bear every four regulatory
     years by State registration
     permit only.
    Unit 4--that portion in the     Mar. 15-May 20
     Northeast Chichagof
     Controlled Use Area--1 bear
     every four regulatory years
     by State registration permit
     only.
    Unit 4--remainder--1 bear       Sept. 15-Dec. 31.
     every four regulatory years    Mar. 15-May 20.
     by State registration permit
     only.
Deer: 6 deer; however, antlerless   Aug. 1-Jan. 31.
 deer may be taken only from Sept.
 15-Jan. 31.
Goat: 1 goat by State registration  Aug. 1-Dec. 31.
 permit only.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black,   Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): 5       Sept. 1-Apr. 30.
 hares per day.
Lynx: 2 lynx......................  Dec. 1-Feb. 15.
Wolf: 5 wolves....................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine............  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and   Aug. 1-May 15.
 Sharp-tailed): 5 per day, 10 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 1.-May 15.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver:
    Unit 4--that portion east of    Dec. 1-May 15.
     Chatham Strait--No limit.
    Remainder of Unit 4...........  No open season.
Coyote: No limit..................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black,   Dec. 1-Feb. 15.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten:
    Unit 4--Chichagof Island--No    Dec. 1-Dec. 31.
     limit.
    Remainder of Unit 4--No limit.  Dec. 1-Feb. 15.
Mink and Weasel:
    Unit 4--Chichagof Island--No    Dec. 1-Dec. 31.
     limit.
    Remainder of Unit 4--No limit.  Dec. 1-Feb. 15.
Muskrat: No limit.................  Dec. 1-Feb. 15.
Otter: No limit...................  Dec. 1-Feb. 15.
Wolf: No limit....................  Nov. 10-Apr. 30.
Wolverine: No limit...............  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (5) Unit 5. (i) Unit 5 consists of all Gulf of Alaska drainages and 
islands between Cape Fairweather and the center line of Icy Bay, 
including the Guyot Hills:
    (A) Unit 5(A) consists of all drainages east of Yakutat Bay, 
Disenchantment Bay, and the eastern edge of Hubbard Glacier, and 
includes the islands of Yakutat and Disenchantment Bays;
    (B) Unit 5(B) consists of the remainder of Unit 5.
    (ii) You may not take wildlife for subsistence uses on public lands 
within Glacier Bay National Park.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) You may not use boats to take ungulates, bear, wolves, or 
wolverine, except for persons certified as disabled;
    (C) You may hunt brown bear in Unit 5 with a Federal registration 
permit in lieu of a State metal locking tag; if you have obtained a 
Federal registration permit prior to hunting;
    (D) You may take wildlife outside the seasons or harvest limits 
provided in this part for food in traditional religious ceremonies which 
are part of a funerary or mortuary cycle, including memorial potlatches, 
if:
    (1) The person organizing the religious ceremony, or designee, 
contacts the appropriate Federal land management agency prior to taking 
or attempting to take game and provides to the appropriate Federal land 
managing agency the name of the decedent, the nature of the ceremony, 
the species and number to be taken, and the Unit(s) in which the taking 
will occur;
    (2) The taking does not violate recognized principles of fish and 
wildlife conservation;

[[Page 801]]

    (3) Each person who takes wildlife under this section must, as soon 
as practicable, and not more than 15 days after the harvest, submit a 
written report to the appropriate Federal land managing agency, 
specifying the harvester's name and address, the number, sex and species 
of wildlife taken, the date and locations of the taking, and the name of 
the decedent for whom the ceremony was held;
    (4) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in that area where the harvesting will 
occur;
    (E) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take deer or moose on 
his or her behalf unless the recipient is a member of a community 
operating under a community harvest system. The designated hunter must 
obtain a designated hunter permit and must return a completed harvest 
report. The designated hunter may hunt for any number of recipients but 
may have no more than two harvest limits in his/her possession at any 
one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 2 bears, no more than   Sept. 1-June 30.
 one may be a blue or glacier bear.
Brown Bear: 1 bear by Federal       Sept. 1-May 31.
 registration permit only.
Deer:
    Unit 5(A)--1 buck.............  Nov. 1-Nov. 30.
    Unit 5(B).....................  No open season.
Goat: 1 goat by Federal             Aug. 1-Jan. 31.
 registration permit only.
Moose:
    Unit 5(A), Nunatak Bench--1     Nov. 15-Feb. 15.
     moose by State registration
     permit only. The season will
     be closed when 5 moose have
     been taken from the Nunatak
     Bench.
    Unit 5(A), except Nunatak       Oct. 8-Nov. 15.
     Bench--1 antlered bull by
     Federal registration permit
     only. The season will be
     closed when 60 antlered bulls
     have been taken from the
     Unit. The season will be
     closed in that portion west
     of the Dangerous River when
     30 antlered bulls have been
     taken in that area. From Oct.
     15-Oct. 21, public lands will
     be closed to taking of moose,
     except by residents of Unit
     5(A).
    Unit 5(B)--1 antlered bull by   Sept. 1-Dec. 15.
     State registration permit
     only. The season will be
     closed when 25 antlered bulls
     have been taken from the
     entirety of Unit 5(B).
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): 5       Sept. 1-Apr. 30.
 hares per day.
Lynx: 2 lynx......................  Dec. 1-Feb. 15.
Wolf: 5 wolves....................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine............  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, Ruffed, and   Aug. 1-May 15.
 Sharp-tailed): 5 per day, 10 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: No limit..................  Nov. 10-May 15.
Coyote: No limit..................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black    Dec. 1-Feb. 15.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten: No limit..................  Nov. 10-Feb. 15.
Mink and Weasel: No limit.........  Nov. 10-Feb. 15.
Muskrat: No limit.................  Dec. 1-Feb. 15.
Otter: No limit...................  Nov. 10-Feb. 15.
Wolf: No limit....................  Nov. 10-Apr. 30.
Wolverine: No limit...............  Nov. 10-Apr. 30.
------------------------------------------------------------------------

    (6) Unit 6. (i) Unit 6 consists of all Gulf of Alaska and Prince 
William Sound drainages from the center line of Icy Bay (excluding the 
Guyot Hills) to Cape Fairfield including Kayak, Hinchinbrook, Montague, 
and adjacent islands, and Middleton Island, but excluding the Copper 
River drainage upstream from Miles Glacier, and excluding the Nellie 
Juan and Kings River drainages:
    (A) Unit 6(A) consists of Gulf of Alaska drainages east of Palm 
Point near Katalla including Kanak, Wingham, and Kayak Islands;
    (B) Unit 6(B) consists of Gulf of Alaska and Copper River Basin 
drainages west of Palm Point near Katalla, east

[[Page 802]]

of the west bank of the Copper River, and east of a line from Flag Point 
to Cottonwood Point;
    (C) Unit 6(C) consists of drainages west of the west bank of the 
Copper River, and west of a line from Flag Point to Cottonwood Point, 
and drainages east of the east bank of Rude River and drainages into the 
eastern shore of Nelson Bay and Orca Inlet;
    (D) Unit 6(D) consists of the remainder of Unit 6.
    (ii) For the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take mountain goat in the Goat Mountain goat 
observation area, which consists of that portion of Unit 6(B) bounded on 
the north by Miles Lake and Miles Glacier, on the south and east by 
Pleasant Valley River and Pleasant Glacier, and on the west by the 
Copper River;
    (B) You may not take mountain goat in the Heney Range goat 
observation area, which consists of that portion of Unit 6(C) south of 
the Copper River Highway and west of the Eyak River.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) You may take coyotes in Units 6(B) and 6(C) with the aid of 
artificial lights.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 1 bear................  Sept. 1-June 30.
Deer: 4 deer; however, antlerless   Aug. 1-Dec. 31.
 deer may be taken only from Oct.
 1-Dec. 31.
Goats:
    Unit 6(A), (B)--1 goat by       Aug. 20-Jan. 31.
     State registration permit
     only.
    Unit 6(C).....................  No open season.
    Unit 6(D) (subareas RG242,      Aug. 20-Jan. 31.
     RG244, RG249, RG266 and RG252
     only)--1 goat by Federal
     registration permit only.
    In each of the Unit 6(D)
     subareas, goat seasons will
     be closed when harvest limits
     for that subarea are reached.
     Harvest quotas are as
     follows: RG242--2 goats,
     RG244--2 goats, RG249--2
     goats, RG266--4 goats, RG252--
     1 goat
    Unit 6(D) (subareas RG243 and   No open season.
     RG245)--The taking of goats
     is prohibited on all public
     lands.
Coyote:
    Unit 6(A) and (D)--2 coyotes..  Sept. 1-Apr. 30.
    Unit 6(B)--No limit...........  July 1-June 30.
    Unit 6(C)--south of the Copper  July 1-June 30.
     River Highway and east of the
     Heney Range--No limit.
    Unit 6(C)--remainder--No limit  July 1-June 30.
Fox, Red (including Cross, Black    No open season.
 and Silver Phases).
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx..............................  No open season.
Wolf: 5 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 1-May 15.
 Sharp-tailed): 5 per day, 10 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: 20 beaver per season......  Dec. 1-Mar. 31.
Coyote:
    Unit 6(A), (B), and (D)--No     Nov. 10-Mar. 31.
     limit.
    Unit 6(C)--south of the Copper  Nov. 10-Apr. 30.
     River Highway and east of the
     Heney Range--No limit.
    Unit 6(C)--remainder--No limit  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black    Nov. 10-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Jan. 1-Feb. 15.
Marten: No limit..................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.........  Nov. 10-Jan. 31.
Muskrat: No limit.................  Nov. 10-June 10.
Otter: No limit...................  Nov. 10-Mar. 31
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (7) Unit 7. (i) Unit 7 consists of Gulf of Alaska drainages between 
Gore Point and Cape Fairfield including the Nellie Juan and Kings River 
drainages, and including the Kenai River drainage upstream from the 
Russian River, the drainages into the south side of Turnagain Arm west 
of and including the Portage Creek drainage, and east of 150 deg. W. 
long., and all Kenai Peninsula

[[Page 803]]

drainages east of 150 deg. W. long., from Turnagain Arm to the Kenai 
River.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses in the Kenai 
Fjords National Park;
    (B) You may not hunt in the Portage Glacier Closed Area in Unit 7, 
which consists of Portage Creek drainages between the Anchorage-Seward 
Railroad and Placer Creek in Bear Valley, Portage Lake, the mouth of 
Byron Creek, Glacier Creek, and Byron Glacier; however, you may hunt 
grouse, ptarmigan, hares, and squirrels with shotguns after September 1.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15; except in the drainages of Resurrection Creek and its tributaries.
    (B) [Reserved]

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: Unit 7--3 bears.......  July 1-June 30.
Moose:
    Unit 7--that portion draining   Aug. 10-Sept. 20.
     into Kings Bay--1 bull with
     spike-fork or 50-inch antlers
     or 3 or more brow tines on
     either antler may be taken by
     the community of Chenega Bay
     and also by the community of
     Tatitlek. Public lands are
     closed to the taking of moose
     except by eligible rural
     residents.
    Unit 7--remainder.............  No open season.
Coyote: No limit..................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Wolf:
    Unit 7--that portion within     Aug. 10-Apr. 30.
     the Kenai National Wildlife
     Refuge--2 wolves.
    Unit 7--Remainder--5 wolves...  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Mar. 31.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: 20 beaver per season......  Dec. 1-Mar. 31.
Coyote: No limit..................  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black    Nov. 10-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Jan. 1-Feb. 15.
Marten: No limit..................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.........  Nov. 10-Jan. 31.
Muskrat: No limit.................  Nov. 10-May 15.
Otter: No limit...................  Nov. 10-Feb. 28.
Wolf: No limit....................  Nov. 10-Feb. 28.
Wolverine: No limit...............  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (8) Unit 8. Unit 8 consists of all islands southeast of the 
centerline of Shelikof Strait including Kodiak, Afognak, Whale, 
Raspberry, Shuyak, Spruce, Marmot, Sitkalidak, Amook, Uganik, and 
Chirikof Islands, the Trinity Islands, the Semidi Islands, and other 
adjacent islands.
    (i) If you have a trapping license, you may take beaver with a 
firearm in Unit 8 from Nov. 10-Apr. 30.
    (ii) A Federally-qualified subsistence user (recipient) may 
designate another Federally-qualified subsistence user to take deer on 
his or her behalf unless the recipient is a member of a community 
operating under a community harvest system. The designated hunter must 
obtain a designated hunter permit and must return a completed harvest 
report. The designated hunter may hunt for any number of recipients but 
may have no more than two harvest limits in his/her possession at any 
one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Brown Bear:

[[Page 804]]

 
    1 bear by Federal registration  Dec. 1-Dec. 15.
     permit only. Up to 1 permit    Apr. 1-May 15.
     may be issued in Akiok; up to
     1 permit may be issued in
     Karluk; up to 3 permits may
     be issued in Larsen Bay; up
     to 2 permits may be issued in
     Old Harbor; up to 2 permits
     may be issued in Ouzinkie;
     and up to 2 permits may be
     issued in Port Lions.
Deer:
    Unit 8--that portion of Kodiak  Aug. 1-Oct. 31.
     Island north of a line from
     the head of Settlers Cove to
     Crescent Lake (57 deg. 52' N.
     lat., 152 deg. 58' W. long.),
     and east of a line from the
     outlet of Crescent Lake to
     Mount Ellison Peak and from
     Mount Ellison Peak to Pokati
     Point at Whale Passage, and
     that portion of Kodiak Island
     east of a line from the mouth
     of Saltery Creek to the mouth
     at Elbow Creek, and adjacent
     small islands in Chiniak Bay--
     1 deer; however, antlerless
     deer may be taken only from
     Oct. 25-Oct. 31.
    Unit 8--that portion of Kodiak  Aug. 1-Jan. 31.
     Island and adjacent islands
     south and west of a line from
     the head of Terror Bay to the
     head of the south-western
     most arm of Ugak Bay--5 deer;
     however, antlerless deer may
     be taken only from Oct. 1-
     Jan. 31.
    Unit 8--remainder--5 deer;      Aug. 1-Jan. 31.
     however, antlerless deer may
     be taken only from Oct. 1-
     Jan. 31; no more than 1
     antlerless deer may be taken
     from Oct. 1-Nov. 30.
Elk:
    Afognak Island above mean high  Sept. 1-Nov. 30.
     tide--1 elk per household by
     Federal registration permit
     only; only 1 elk in
     possession for each two
     hunters in a party. Entry for
     elk hunting shall be from
     marine waters only. The
     season will be closed by
     announcement of the Refuge
     Manager, Kodiak National
     Wildlife Refuge when the
     combined Federal/State
     harvest reaches 15% of the
     herd.
Fox, Red (including Cross, Black    Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: 30 beaver per season......  Nov. 10-Apr. 30.
Fox, Red (including Cross, Black    Nov. 10-Mar. 31.
 and Silver Phases): No limit.
Marten: No limit..................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.........  Nov. 10-Jan. 31.
Muskrat: No limit.................  Nov. 10-June 10.
Otter: No limit...................  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (9) Unit 9. (i) Unit 9 consists of the Alaska Peninsula and adjacent 
islands including drainages east of False Pass, Pacific Ocean drainages 
west of and excluding the Redoubt Creek drainage; drainages into the 
south side of Bristol Bay, drainages into the north side of Bristol Bay 
east of Etolin Point, and including the Sanak and Shumagin Islands:
    (A) Unit 9(A) consists of that portion of Unit 9 draining into 
Shelikof Strait and Cook Inlet between the southern boundary of Unit 16 
(Redoubt Creek) and the northern boundary of Katmai National Park and 
Preserve;
    (B) Unit 9(B) consists of the Kvichak River drainage;
    (C) Unit 9(C) consists of the Alagnak (Branch) River drainage, the 
Naknek River drainage, and all land and water within Katmai National 
Park and Preserve;
    (D) Unit 9(D) consists of all Alaska Peninsula drainages west of a 
line from the southernmost head of Port Moller to the head of American 
Bay including the Shumagin Islands and other islands of Unit 9 west of 
the Shumagin Islands;
    (E) Unit 9(E) consists of the remainder of Unit 9.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses in Katmai 
National Park;
    (B) You may not use motorized vehicles, except aircraft, boats, or 
snowmobiles used for hunting and transporting a hunter or harvested 
animal parts from Aug. 1-Nov. 30 in the Naknek Controlled Use Area, 
which includes all of Unit 9(C) within the Naknek River drainage 
upstream from and including the King Salmon Creek drainage; however, you 
may use a motorized vehicle on the Naknek-King Salmon, Lake Camp, and 
Rapids Camp roads and on the King Salmon Creek trail, and on frozen 
surfaces of the Naknek River and Big Creek;
    (C) If you have a trapping license, you may use a firearm to take 
beaver in Unit 9(B) from April 1-May 31 and in the remainder of Unit 9 
from April 1-April 30;

[[Page 805]]

    (D) In Unit 9(B), Lake Clark National Park and Preserve, residents 
of Nondalton, Iliamna, Newhalen, Pedro Bay, and Port Alsworth, may hunt 
brown bear by Federal registration permit in lieu of a resident tag; ten 
permits will be available with at least one permit issued in each 
community but no more than five permits will be issued in a single 
community; the season will be closed when four females or ten bears have 
been taken, whichever occurs first;
    (E) Residents of Newhalen, Nondalton, Iliamna, Pedro Bay, and Port 
Alsworth may take up to a total of 10 bull moose in Unit 9(B) for 
ceremonial purposes, under the terms of a Federal registration permit 
from July 1 through June 30. Permits will be issued to individuals only 
at the request of a local organization. This 10 moose limit is not 
cumulative with that permitted for potlatches by the State.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear:
    Unit 9(B)-Lake Clark National   July 1-June 30.
     Park and Preserve--Rural
     residents of Nondalton,
     Iliamna, Newhalen, Pedro Bay,
     and Port Alsworth only--1
     bear by Federal registration
     permit only.
    Unit 9(B), remainder--1 bear    Sept. 1-May 31.
     by State registration permit
     only.
    Unit 9(E)--1 bear by Federal    Oct. 1-Dec. 31.
     registration permit.           May 10-May 25.
Caribou:
    Unit 9(A)--4 caribou; however,  Aug.10-Mar. 31.
     no more than 2 caribou may be
     taken Aug. 10-Sept. 30 and no
     more than 1 caribou may be
     taken Oct. 1-Nov. 30.
    Unit 9(C), that portion within  Aug.1-Mar. 31.
     the Alagnak River drainage--1
     caribou.
    Unit 9(C), remainder--1 bull    Aug. 1-Sept. 20
     by Federal registration        Nov. 15-Feb. 28.
     permit or State Tier II
     permit. Federal public lands
     are closed to the taking of
     caribou except by residents
     of Units 9(C) and (E).
    Unit 9(B)--5 caribou; however,  Aug. 1-Apr. 15.
     no more than 2 bulls may be
     taken from Oct. 1-Nov. 30.
    Unit 9(D)--closed to all        No open season.
     hunting of caribou.
    Unit 9(E)--1 bull by Federal    Aug. 10-Sept. 20
     registration permit or State   Nov. 1-Apr. 30.
     Tier II permit. Federal
     public lands are closed to
     the taking of caribou except
     by residents of Units 9(C)
     and (E).
Sheep:
    Unit 9(B)--Residents of         Aug. 10-Oct. 10.
     Iliamna, Newhalen, Nondalton,
     Pedro Bay, and Port Alsworth
     only--1 ram with 7/8 curl
     horn by Federal registration
     permit only.
    Remainder of Unit 9--1 ram      Aug. 10-Sept. 20.
     with 7/8 curl horn.
Moose:
    Unit 9(A)--1 bull.............  Sept. 1-Sept. 15.
    Unit 9(B)--1 bull.............  Aug. 20-Sept. 15.
                                    Dec. 1-Jan. 15.
    Unit 9(C)--that portion         Sept. 1-Sept. 15.
     draining into the Naknek       Dec. 1-Dec. 31.
     River from the north--1 bull.
    Unit 9(C)--that portion         Aug. 20-Sept. 15.
     draining into the Naknek       Dec. 1-Dec. 31.
     River from the south--1 bull.
     However, during the period
     Aug. 20-Aug. 31, bull moose
     may be taken by Federal
     registration permit only.
     During the December hunt,
     antlerless moose may be taken
     by Federal registration
     permit only. The antlerless
     season will be closed when 5
     antlerless moose have been
     taken. Public lands are
     closed during December for
     the hunting of moose, except
     by eligible rural Alaska
     residents.
    Unit 9(C)--remainder--1 moose;  Sept. 1-Sept. 15.
     however, antlerless moose may  Dec. 1-Dec. 31.
     be taken only from Dec. 1-
     Dec. 31.
    Unit 9(E)--1 bull.............  Sept. 1-Sept. 20.
                                    Dec. 1-Jan. 20.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White): No    Dec. 1-Mar. 15.
 limit.
Fox, Red (including Cross, Black    Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 10-Feb. 28.
Wolf: 5 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver:
    Unit 9(B)--40 beaver per        Jan. 1-May 31.
     season; however, no more than
     20 may be taken between Apr.
     1-May 31.
Unit 9--remainder--40 beaver per    Jan. 1-Apr. 30.
 season; however, no more than 20
 may be taken between Apr. 1-Apr.
 30.
Coyote: No limit..................  Nov. 10-Mar. 31.

[[Page 806]]

 
Fox, Arctic (Blue and White): No    Nov. 10-Feb. 28.
 limit.
Fox, Red (including Cross, Black    Nov. 10-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 10-Feb. 28.
Marten: No limit..................  Nov. 10-Feb. 28.
Mink and Weasel: No limit.........  Nov. 10-Feb. 28.
Muskrat: No limit.................  Nov. 10-June 10.
Otter: No limit...................  Nov. 10-Mar. 31.
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (10) Unit 10. (i) Unit 10 consists of the Aleutian Islands, Unimak 
Island, and the Pribilof Islands.
    (ii) You may not take any wildlife species for subsistence uses on 
Otter Island in the Pribilof Islands.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Caribou:
    Unit 10--Unimak Island only...  No open season.
    Unit 10--remainder--No limit..  July 1-June 30.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White         July 1-June 30.
 Phase): No limit.
Fox, Red (including Cross, Black    Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1-June 30
 limit.
Wolf: 5 wolves....................  Aug. 10-Apr. 30
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White         July 1-June 30.
 Phase): No limit.
Fox, Red (including Cross, Black    Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Mink and Weasel: No limit.........  Nov. 10-Feb. 28.
Muskrat: No limit.................  Nov. 10-June 10.
Otter: No limit...................  Nov. 10-Mar. 31.
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (11) Unit 11. Unit 11 consists of that area draining into the 
headwaters of the Copper River south of Suslota Creek and the area 
drained by all tributaries into the east bank of the Copper River 
between the confluence of Suslota Creek with the Slana River and Miles 
Glacier.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou and moose 
on his or her behalf. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.
    (ii) [Reserved].

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear: Unit 11--1 bear.......  Sept. 1-May 31.
Caribou: Unit 11..................  No open season.
Sheep:
    1 sheep.......................  Aug. 10-Sept. 20.
    1 sheep by Federal              Sept. 21-Oct. 20.
     registration permit only by
     persons 60 years of age or
     older. No designated hunter
     permits will be issued for
     this hunt.
Goat:

[[Page 807]]

 
    Unit 11--that portion within    Aug. 25-Dec. 31.
     the Wrangell-St. Elias
     National Park and Preserve--1
     goat by Federal registration
     permit only. Federal public
     lands will be closed to the
     harvest of goats when a total
     of 45 goats have been
     harvested between Federal and
     State hunts.
Moose: 1 antlered bull............  Aug. 20-Sept. 20.
Coyote: 10 coyotes................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Dec. 15-Jan. 15.
Wolf: 10 wolves...................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Jan. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Mar. 31.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in
 possession.
             Trapping
 
Beaver: 30 beaver per season......  Nov. 10-Apr. 30.
Coyote: No limit..................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black    Nov. 10-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten: No limit..................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.........  Nov. 10-Jan. 31.
Muskrat: No limit.................  Nov. 10-June 10.
Otter: No limit...................  Nov. 10-Mar. 31.
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (12) Unit 12. Unit 12 consists of the Tanana River drainage upstream 
from the Robertson River, including all drainages into the east bank of 
the Robertson River, and the White River drainage in Alaska, but 
excluding the Ladue River drainage.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30;
    (B) You may not use a steel trap, or a snare using cable smaller 
than 3/32 inch diameter to trap wolves in Unit 12 during April and 
October;
    (C) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou and moose 
on his or her behalf. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.
    (ii) [Reserved].

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear: 1 bear................  Aug. 10-June 30.
Caribou:
    Unit 12--that portion west of   No open season.
     the Nabesna River within the
     drainages of Jack Creek,
     Platinum Creek, and
     Totschunda Creek--The taking
     of caribou is prohibited on
     public lands.
    Unit 12--that portion lying     No open season.
     east of the Nabesna River and
     Nabesna Glacier, and south of
     the Winter Trail running
     southeast from Pickerel Lake
     to the Canadian border--The
     taking of caribou is
     prohibited on public lands.
    Unit 12--remainder--1 bull....  Sept. 1-Sept. 20.
    1 bull caribou may be taken by  Winter season to be announced by the
     a Federal registration permit   Board.
     during a winter season to be
     announced.
Sheep: 1 ram with full curl horn    Aug. 10-Sept. 20.
 or larger.
Moose:
    Unit 12--that portion within    Aug. 15-Aug. 28.
     the Tetlin National Wildlife   Sept. 1-Sept. 15.
     Refuge and those lands within  Nov. 20-Nov. 30.
     the Wrangell-St. Elias
     National Preserve north and
     east of a line formed by the
     Pickerel Lake Winter Trail
     from the Canadian border to
     the southern boundary of the
     Tetlin National Wildlife
     Refuge--1 antlered bull;
     however during the Aug. 15--
     Aug. 28 season only bulls
     with spike/fork antlers may
     be taken. The November season
     is open by Federal
     registration permit only.
    Unit 12--that portion lying     Aug. 15-Aug. 28.
     east of the Nabesna River and  Sept. 1-Sept. 30.
     Nabesna Glacier and south of
     the Winter Trail running
     southeast from Pickerel Lake
     to the Canadian border--1
     antlered bull; however during
     the Aug. 15-Aug. 28 season
     only bulls with spike/fork
     antlers may be taken.

[[Page 808]]

 
    Unit 12--remainder--1 antlered  Aug. 15-Aug. 28.
     bull; however during the Aug.  Sept. 1-Sept. 15.
     15-Aug. 28 season only bulls
     with spike/fork antlers may
     be taken.
Coyote: 10 coyotes; however, no     Sept. 1-Apr. 30.
 more than 2 coyotes may be taken
 before October 1.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No      July-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 1-Mar. 15.
Wolf: 10 wolves...................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Mar. 31.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: 15 beaver per season......  Nov. 1-Apr. 15.
Coyote: No limit..................  Nov. 1-Feb. 28.
Fox, Red (including Cross, Black    Nov. 1-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten: No limit..................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.........  Nov. 1-Feb. 28.
Muskrat: No limit.................  Sept. 20-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Oct. 1-Apr. 30.
Wolverine: No limit...............  Nov. 1-Feb. 28.
------------------------------------------------------------------------

    (13) Unit 13. (i) Unit 13 consists of that area westerly of the east 
bank of the Copper River and drained by all tributaries into the west 
bank of the Copper River from Miles Glacier and including the Slana 
River drainages north of Suslota Creek; the drainages into the Delta 
River upstream from Falls Creek and Black Rapids Glacier; the drainages 
into the Nenana River upstream from the southeast corner of Denali 
National Park at Windy; the drainage into the Susitna River upstream 
from its junction with the Chulitna River; the drainage into the east 
bank of the Chulitna River upstream to its confluence with Tokositna 
River; the drainages of the Chulitna River (south of Denali National 
Park) upstream from its confluence with the Tokositna River; the 
drainages into the north bank of the Tokositna River upstream to the 
base of the Tokositna Glacier; the drainages into the Tokositna Glacier; 
the drainages into the east bank of the Susitna River between its 
confluences with the Talkeetna and Chulitna Rivers; the drainages into 
the north bank of the Talkeetna River; the drainages into the east bank 
of the Chickaloon River; the drainages of the Matanuska River above its 
confluence with the Chickaloon River:
    (A) Unit 13(A) consists of that portion of Unit 13 bounded by a line 
beginning at the Chickaloon River bridge at Mile 77.7 on the Glenn 
Highway, then along the Glenn Highway to its junction with the 
Richardson Highway, then south along the Richardson Highway to the foot 
of Simpson Hill at Mile 111.5, then east to the east bank of the Copper 
River, then northerly along the east bank of the Copper River to its 
junction with the Gulkana River, then northerly along the west bank of 
the Gulkana River to its junction with the West Fork of the Gulkana 
River, then westerly along the west bank of the West Fork of the Gulkana 
River to its source, an unnamed lake, then across the divide into the 
Tyone River drainage, down an unnamed stream into the Tyone River, then 
down the Tyone River to the Susitna River, then down the southern bank 
of the Susitna River to the mouth of Kosina Creek, then up Kosina Creek 
to its headwaters, then across the divide and down Aspen Creek to the 
Talkeetna River, then southerly along the boundary of Unit 13 to the 
Chickaloon River bridge, the point of beginning;
    (B) Unit 13(B) consists of that portion of Unit 13 bounded by a line 
beginning at the confluence of the Copper River and the Gulkana River, 
then up the east bank of the Copper River to the Gakona River, then up 
the Gakona River and Gakona Glacier to the boundary of Unit 13, then 
westerly along the boundary of Unit 13 to the Susitna Glacier, then 
southerly along

[[Page 809]]

the west bank of the Susitna Glacier and the Susitna River to the Tyone 
River, then up the Tyone River and across the divide to the headwaters 
of the West Fork of the Gulkana River, then down the West Fork of the 
Gulkana River to the confluence of the Gulkana River and the Copper 
River, the point of beginning;
    (C) Unit 13(C) consists of that portion of Unit 13 east of the 
Gakona River and Gakona Glacier;
    (D) Unit 13(D) consists of that portion of Unit 13 south of Unit 
13(A);
    (E) Unit 13(E) consists of the remainder of Unit 13.
    (ii) Within the following areas, the taking of wildlife for 
subsistence uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses on lands within 
Mount McKinley National Park as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (k)(13) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980;
    (B) You may not use motorized vehicles or pack animals for hunting 
from Aug. 5--Aug. 25 in the Delta Controlled Use Area, the boundary of 
which is defined as: a line beginning at the confluence of Miller Creek 
and the Delta River, then west to vertical angle bench mark Miller, then 
west to include all drainages of Augustana Creek and Black Rapids 
Glacier, then north and east to include all drainages of McGinnis Creek 
to its confluence with the Delta River, then east in a straight line 
across the Delta River to Mile 236.7 Richardson Highway, then north 
along the Richardson Highway to its junction with the Alaska Highway, 
then east along the Alaska Highway to the west bank of the Johnson 
River, then south along the west bank of the Johnson River and Johnson 
Glacier to the head of the Cantwell Glacier, then west along the north 
bank of the Canwell Glacier and Miller Creek to the Delta River;
    (C) Except for access and transportation of harvested wildlife on 
Sourdough and Haggard Creeks, Meiers Lake trails, or other trails 
designated by the Board, you may not use motorized vehicles for 
subsistence hunting, is prohibited in the Sourdough Controlled Use Area. 
The Sourdough Controlled Use Area consists of that portion of Unit 13(B) 
bounded by a line beginning at the confluence of Sourdough Creek and the 
Gulkana River, then northerly along Sourdough Creek to the Richardson 
Highway at approximately Mile 148, then northerly along the Richardson 
Highway to the Meiers Creek Trail at approximately Mile 170, then 
westerly along the trail to the Gulkana River, then southerly along the 
east bank of the Gulkana River to its confluence with Sourdough Creek, 
the point of beginning.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou and moose 
on his or her behalf. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report. The designated 
hunter may hunt for any number of recipients but may have no more than 
two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              HUNTING
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear: 1 bear. Bears taken     Aug. 10-May 31.
 within Denali National Park must
 be sealed within 5 days of
 harvest. That portion within
 Denali National Park will be
 closed by announcement of the
 Superintendent after 4 bears have
 been harvested.
Caribou: 2 caribou by Federal       Aug. 10-Sept. 30.
 registration permit only. Hunting  Oct. 21-Mar. 31
 within the Trans-Alaska Oil
 Pipeline right-of-way is
 prohibited. The right-of-way is
 identified as the area occupied
 by the pipeline (buried or above
 ground) and the cleared area 25
 feet on either side of the
 pipeline.
Sheep: Unit 13--excluding Unit      Aug. 10-Sept. 20.
 13(D) and the Tok Management Area
 and Delta Controlled Use Area--1
 ram with 7/8 curl horn.
Moose:............................
    Unit 13(E)--1 antlered bull     Aug. 1 Sept. 20.
     moose by Federal registration
     permit only; only 1 permit
     will be issued per household.

[[Page 810]]

 
    Unit 13--remainder--1 antlered  Aug. 1-Sept. 20..
     bull moose by Federal
     registration permit only.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1-June 30
 limit.
Lynx: 2 lynx......................  Dec. 15-Jan. 15.
Wolf: 5 wolves....................  Aug. 10-AApr. 30.
Wolverine: 1 wolverine............  Sept. 1-Jan. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Mar. 31.
 Sharp-tailed): 15 per day, 30 in
 possession.
 
Ptarmigan (Rock, Willow, and White- Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: 30 beaver per season......  Oct. 10-Apr. 30.
Coyote: No limit..................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black    Nov. 10-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 1-Feb. 15.
Marten: No limit..................  Nov. 10-Jan. 31.
Mink and Weasel: No limit.........  Nov. 10-Jan. 31.
Muskrat: No limit.................  Nov. 10-June 10.
Otter: No limit...................  Nov. 10-Mar. 31.
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (14) Unit 14. (i) Unit 14 consists of drainages into the north side 
of Turnagain Arm west of and excluding the Portage Creek drainage, 
drainages into Knik Arm excluding drainages of the Chickaloon and 
Matanuska Rivers in Unit 13, drainages into the north side of Cook Inlet 
east of the Susitna River, drainages into the east bank of the Susitna 
River downstream from the Talkeetna River, and drainages into the south 
bank of the Talkeetna River:
    (A) Unit 14(A) consists of drainages in Unit 14 bounded on the west 
by the Susitna River, on the north by Willow Creek, Peters Creek, and by 
a line from the head of Peters Creek to the head of the Chickaloon 
River, on the east by the eastern boundary of Unit 14, and on the south 
by Cook Inlet, Knik Arm, the south bank of the Knik River from its mouth 
to its junction with Knik Glacier, across the face of Knik Glacier and 
along the north side of Knik Glacier to the Unit 6 boundary;
    (B) Unit 14(B) consists of that portion of Unit 14 north of Unit 
14(A);
    (C) Unit 14(C) consists of that portion of Unit 14 south of Unit 
14(A).
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses in the Fort 
Richardson and Elmendorf Air Force Base Management Areas, consisting of 
the Fort Richardson and Elmendorf Military Reservation;
    (B) You may not take wildlife for subsistence uses in the Anchorage 
Management Area, consisting of all drainages south of Elmendorf and Fort 
Richardson military reservations and north of and including Rainbow 
Creek.
    (iii) Unit-specific regulations:

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: Unit 14(C)--1 bear....  July 1-June 30.
Coyote: Unit 14(C)--2 coyotes.....  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Nov. 1-Feb. 15.
 and Silver Phases): Unit 14(C)--2
 foxes.
Hare (Snowshoe and Tundra): Unit    Sept. 8-Apr. 30.
 14(C)--5 hares per day.
Lynx: Unit 14(C)--2 lynx..........  Dec. 15--Jan. 15.
Wolf: Unit 14(C)--5 wolves........  Aug. 10-Apr. 30.
Wolverine: Unit 14(C)--1 wolverine  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Sept. 8-Mar. 31.
 Sharp-tailed): Unit 14(C)--5 per
 day, 10 in possession.
Ptarmigan (Rock, Willow, and White- Sept. 8-Mar. 31.
 tailed): Unit 14(C)--10 per day,
 20 in possession.
             Trapping
 
Beaver: Unit 14(C)--that portion    Dec. 1-Apr. 15.
 within the drainages of Glacier
 Creek, Kern Creek, Peterson
 Creek, the Twentymile River and
 the drainages of Knik River
 outside Chugach State Park--20
 beaver per season.
Coyote: Unit 14(C)--No limit......  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black    Nov. 10-Feb. 28.
 and Silver Phases): Unit 14(C)--1
 fox.

[[Page 811]]

 
Lynx: Unit 14(C)--No limit........  Dec. 15-Jan. 15.
Marten: Unit 14(C)--No limit......  Nov. 10-Jan. 31.
Mink and Weasel: Unit 14(C)--No     Nov. 10-Jan. 31.
 limit.
Muskrat: Unit 14(C)--No limit.....  Nov. 10-May 15.
Otter: Unit 14(C)--No limit.......  Nov. 10-Feb. 28.
Wolf: Unit 14(C)--No limit........  Nov. 10-Feb. 28
Wolverine: Unit 14(C)--No limit...  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (15) Unit 15. (i) Unit 15 consists of that portion of the Kenai 
Peninsula and adjacent islands draining into the Gulf of Alaska, Cook 
Inlet, and Turnagain Arm from Gore Point to the point where longitude 
line 150 deg. 00' W. crosses the coastline of Chickaloon Bay in 
Turnagain Arm, including that area lying west of longitude line 150 deg. 
00" W. to the mouth of the Russian River, then southerly along the 
Chugach National Forest boundary to the upper end of Upper Russian Lake; 
and including the drainages into Upper Russian Lake west of the Chugach 
National Forest boundary:
    (A) Unit 15(A) consists of that portion of Unit 15 north of the 
Kenai River and Skilak Lake;
    (B) Unit 15(B) consists of that portion of Unit 15 south of the 
Kenai River and Skilak Lake, and north of the Kasilof River, Tustumena 
Lake, Glacier Creek, and Tustumena Glacier;
    (C) Unit 15(C) consists of the remainder of Unit 15.
    (ii) You may not take wildlife, except for grouse, ptarmigan, and 
hares that may be taken only from October 1-March 1 by bow and arrow 
only, in the Skilak Loop Management Area, which consists of that portion 
of Unit 15(A) bounded by a line beginning at the eastern most junction 
of the Sterling Highway and the Skilak Loop (milepost 76.3), then due 
south to the south bank of the Kenai River, then southerly along the 
south bank of the Kenai River to its confluence with Skilak Lake, then 
westerly along the north shore of Skilak Lake to Lower Skilak Lake 
Campground, then northerly along the Lower Skilak Lake Campground Road 
and the Skilak Loop Road to its western most junction with the Sterling 
Highway, then easterly along the Sterling Highway to the point of 
beginning.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) You may not trap furbearers for subsistence in the Skilak Loop 
Wildlife Management Area;
    (C) You may not trap marten in that portion of Unit 15(B) east of 
the Kenai River, Skilak Lake, Skilak River, and Skilak Glacier;
    (D) You may not take red fox in Unit 15 by any means other than a 
steel trap or snare;
    (E) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take moose on his or her 
behalf. The designated hunter must obtain a designated hunter permit and 
must return a completed harvest report. The designated hunter may hunt 
for any number of recipients but may have no more than two harvest 
limits in his/her possession at any one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear:
    Unit 15(C)--3 bears...........  July 1--June 30.
    Unit 15--remainder............  No open season.
Moose:
    Unit 15(A)--excluding the       Aug. 18--Sept. 20.
     Skilak Loop Wildlife
     Management Area.--1 antlered
     bull with spike-fork or 50-
     inch antlers or with 3 or
     more brow tines on either
     antler, by Federal
     registration permit only.
    Unit 15(A)--Skilak Loop         No open season.
     Wildlife Management Area.
    Unit 15(B) and (C)--1 antlered  Aug. 10--Sept. 20.
     bull with spike-fork or 50-
     inch antlers or with 3 or
     more brow tines on either
     antler, by Federal
     registration permit only.
Coyote: No limit..................  Sept. 1--Apr. 30.
Hare (Snowshoe and Tundra): No      July 1--June 30.
 limit.
Wolf:

[[Page 812]]

 
    Unit 15--that portion within    Aug. 10--Apr. 30.
     the Kenai National Wildlife
     Refuge--2 Wolves.
    Unit 15--remainder--5 Wolves..  Aug. 10--Apr. 30.
Wolverine: 1 Wolverine............  Sept. 1--Mar. 31.
Grouse (Spruce): 15 per day, 30 in  Aug. 10--Mar. 31.
 possession.
Grouse (Ruffed)...................  No open season.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 15(A) and (B)--20 per      Aug. 10--Mar. 31.
     day, 40 in possession.
    Unit 15(C)--20 per day, 40 in   Aug. 10--Dec. 31.
     possession.
    Unit 15(C)--5 per day, 10 in    Jan. 1--Mar. 31.
     possession.
 
Trapping
 
Beaver: 20 Beaver per season......  Dec. 1--Mar. 31.
Coyote: No limit..................  Nov. 10--Feb. 28.
Fox, Red (including Cross, Black    Nov. 10--Feb. 28.
 and Silver Phases): 1 Fox.
Lynx: No limit....................  Jan. 1--Feb. 15.
Marten:
    Unit 15(B)--that portion east   No open season.
     of the Kenai River, Skilak
     Lake, Skilak River, and
     Skilak Glacier.
    Remainder of Unit 15--No limit  Nov. 10--Jan. 31.
Mink and Weasel: No limit.........  Nov. 10--Jan. 31.
Muskrat: No limit.................  Nov. 10--May 15.
Otter:
    Unit 15(A), (B)--No limit.....  Nov. 10--Jan. 31.
    Unit 15(C)--No limit..........  Nov. 10--Feb. 28.
Wolf: No limit....................  Nov. 10--Feb. 28.
Wolverine: Unit 15(B) and (C)--No   Nov. 10--Feb. 28.
 limit.
------------------------------------------------------------------------

    (16) Unit 16. (i) Unit 16 consists of the drainages into Cook Inlet 
between Redoubt Creek and the Susitna River, including Redoubt Creek 
drainage, Kalgin Island, and the drainages on the west side of the 
Susitna River (including the Susitna River) upstream to its confluence 
with the Chulitna River; the drainages into the west side of the 
Chulitna River (including the Chulitna River) upstream to the Tokositna 
River, and drainages into the south side of the Tokositna River upstream 
to the base of the Tokositna Glacier, including the drainage of the 
Kahiltna Glacier:
    (A) Unit 16(A) consists of that portion of Unit 16 east of the east 
bank of the Yentna River from its mouth upstream to the Kahiltna River, 
east of the east bank of the Kahiltna River, and east of the Kahiltna 
Glacier;
    (B) Unit 16(B) consists of the remainder of Unit 16.
    (ii) You may not take wildlife for subsistence uses in the Mount 
McKinley National Park, as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (k)(16) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.
    (B) [Reserved]

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1--June 30.
Caribou: 1 caribou................  Aug. 10--Oct. 31.
Moose:
    Unit 16(B)--Redoubt Bay         Sept. 1--Sept. 15.
     Drainages south and west of,
     and including the Kustatan
     River drainage--1 antlered
     bull.
    Unit 16(B)--remainder--1        Sept. 1--Sept. 30.
     moose; however, antlerless     Dec. 1--Feb. 28.
     moose may be taken only from
     Sept. 25--Sept. 30 and from
     Dec. 1--Feb. 28 by Federal
     registration permit only.
Coyote: 2 coyotes.................  Sept. 1--Apr. 30.
Fox, Red (including Cross, Black    Sept. 1--Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1--June 30.
 limit.
Lynx: 2 lynx......................  Dec. 15--Jan. 15.
Wolf: 5 wolves....................  Aug. 10--Apr. 30.
Wolverine: 1 wolverine............  Sept. 1--Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10--Mar. 31.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10--Mar. 31.
 tailed): 20 per day, 40 in
 possession.
             Trapping
 
Beaver: 30 beaver per season......  Nov. 10--Apr. 30.

[[Page 813]]

 
Coyote: No limit..................  Nov. 10--Mar. 31.
Fox, Red (including Cross, Black    Nov. 10--Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Dec. 15--Jan. 15.
Marten: No limit..................  Nov. 10--Jan. 31.
Mink and Weasel: No limit.........  Nov. 10--Jan. 31.
Muskrat: No limit.................  Nov. 10--June 10.
Otter: No limit...................  Nov. 10--Mar. 31.
Wolf: No limit....................  Nov. 10--Mar. 31.
Wolverine: No limit...............  Nov. 10--Feb. 28.
------------------------------------------------------------------------

    (17) Unit 17. (i) Unit 17 consists of drainages into Bristol Bay and 
the Bering Sea between Etolin Point and Cape Newenham, and all islands 
between these points including Hagemeister Island and the Walrus 
Islands:
    (A) Unit 17(A) consists of the drainages between Cape Newenham and 
Cape Constantine, and Hagemeister Island and the Walrus Islands;
    (B) Unit 17(B) consists of the Nushagak River drainage upstream 
from, and including the Mulchatna River drainage, and the Wood River 
drainage upstream from the outlet of Lake Beverley;
    (C) Unit 17(C) consists of the remainder of Unit 17.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Except for aircraft and boats and in legal hunting camps, you 
may not use any motorized vehicle for hunting ungulates, bears, wolves, 
and wolverine, including transportation of hunters and parts of 
ungulates, bear, wolves, or wolverine in the Upper Mulchatna Controlled 
Use Area consisting of Unit 17(B), from Aug. 1--Nov. 1;
    (B) You may hunt brown bear by State registration permit in lieu of 
a resident tag in the Western Alaska Brown Bear Management Area which 
consists of Unit 17(A), that portion of 17(B) draining into Nuyakuk Lake 
and Tikchik Lake, Unit 18, and that portion of Unit 19 (A) and (B) 
downstream of and including the Aniak River drainage, if you have 
obtained a State registration permit prior to hunting.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.
    (B) [Reserved].

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 2 bears...............  Aug. 1-May 31.
Brown Bear: Unit 17--1 bear by      Sept. 1-May 31.
 State registration permit only.
Caribou:
    Unit 17(A) and (C)--that        Aug. 1-Sept. 30.
     portion of 17(A) and (C)       Dec. 1-Mar. 31
     consisting of the Nushagak
     Peninsula south of the
     Igushik River, Tuklung River
     and Tuklung Hills, west to
     Tvativak Bay--2 caribou by
     Federal registration permit.
     Public lands are closed to
     the taking of caribou except
     by the residents of Togiak,
     Twin Hills, Manokotak,
     Aleknagik, Dillingham,
     Clark's Point, and Ekuk
     during seasons identified
     above.
    Unit 17(B) and (C)--that        Aug. 1-Apr. 15
     portion of 17(C) east of the
     Wood River and Wood River
     Lakes--5 caribou; however, no
     more than 2 bulls may be
     taken from Oct. 1-Nov. 30.
    Unit 17(A)--remainder and       Season, harvest limit, and hunt area
     17(C)--remainder--selected      to be announced by the Togiak
     drainages; a harvest limit of   National Wildlife Refuge Manager
     up to 5 caribou will be         between Aug. 1-Mar. 31.
     determined at the time the
     season is announced.
Sheep: 1 ram with full curl horn    Aug. 10-Sept. 20.
 or larger.
Moose:
    Unit 17(A)....................  No open season.
    Unit 17(B)--that portion that   Aug. 20-Sept. 15.
     includes all the Mulchatna
     River drainage upstream from
     and including the Chilchitna
     River drainage--1 bull by
     State registration permit
     only during the period Aug.
     20-Aug. 31. During the period
     Sept. 1-Sept. 15 only a spike/
     fork bull or a bull with 50-
     inch antlers or with 3 or
     more brow tines on one side
     may be taken with a State
     harvest ticket.
    Unit 17(C)--that portion that   Aug. 20-Sept. 15.
     includes the Iowithla
     drainage and Sunshine Valley
     and all lands west of Wood
     River and south of Aleknagik
     Lake--1 bull by State
     registration permit only
     during the period Aug. 20-
     Aug. 31. During the period
     Sept. 1-Sept. 15 only a spike/
     fork bull or a bull with 50-
     inch antlers or with 3 or
     more brow tines on one side
     may be taken with a State
     harvest ticket.

[[Page 814]]

 
    Unit 17(A)--remainder and       Aug. 20-Sept. 15.
     17(C)--remainder--1 bull by    Dec. 1-Dec. 31.
     State registration permit
     only during the periods Aug.
     20-Aug. 31 and Dec. 1-Dec.
     31. During the period Sept. 1-
     Sept. 15 only a spike/fork
     bull or a bull with 50-inch
     antlers or with 3 or more
     brow tines on one side may be
     taken with a State harvest
     ticket.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White         Dec. 1-Mar. 15.
 Phase): No limit.
Fox, Red (including Cross, Black    Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 10-Feb. 28.
Wolf: 5 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
             Trapping
 
Beaver: Unit 17--40 beaver per      Nov. 10-Feb. 28.
 season.
Coyote: No limit..................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White         Nov. 10-Mar. 31.
 Phase): No limit.
Fox, Red (including Cross, Black    Nov. 10-Mar. 31.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 10-Mar. 31.
Marten: No limit..................  Nov. 10-Feb. 28.
Mink and Weasel: No limit.........  Nov. 10-Feb. 28.
Muskrat: 2 muskrats...............  Nov. 10-Feb. 28.
Otter: No limit...................  Nov. 10-Feb. 28.
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (18) Unit 18. (i) Unit 18 consists of that area draining into the 
Yukon and Kuskokwim Rivers downstream from a straight line drawn between 
Lower Kalskag and Paimiut and the drainages flowing into the Bering Sea 
from Cape Newenham on the south to and including the Pastolik River 
drainage on the north; Nunivak, St. Matthew, and adjacent islands 
between Cape Newenham and the Pastolik River.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) In the Kalskag Controlled Use Area which consists of that 
portion of Unit 18 bounded by a line from Lower Kalskag on the Kuskokwim 
River, northwesterly to Russian Mission on the Yukon River, then east 
along the north bank of the Yukon River to the old site of Paimiut, then 
back to Lower Kalskag, you may not use aircraft for hunting any 
ungulate, bear, wolf, or wolverine, including the transportation of any 
hunter and ungulate, bear, wolf, or wolverine part; however, this does 
not apply to transportation of a hunter or ungulate, bear, wolf, or 
wolverine part by aircraft between publicly owned airports in the 
Controlled Use Area or between a publicly owned airport within the Area 
and points outside the Area;
    (B) You may hunt brown bear by State registration permit in lieu of 
a resident tag in the Western Alaska Brown Bear Management Area which 
consists of Unit 17(A), that portion of 17(B) draining into Nuyakuk Lake 
and Tikchik Lake, Unit 18, and that portion of Unit 19 (A) and (B) 
downstream of and including the Aniak River drainage, if you have 
obtained a State registration permit prior to hunting.
    (iii) Unit-specific regulations:
    (A) If you have a trapping license, you may use a firearm may be 
used to take beaver in Unit 18 from Apr. 1-Jun. 10;
    (B) A Federally-qualified subsistence user (recipient) may designate 
another Federally-qualified subsistence user to take caribou south of 
the Yukon River on his or her behalf. The designated hunter must obtain 
a designated hunter permit and must return a completed harvest report. 
The designated hunter may hunt for any number of recipients but may have 
no more than two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.

[[Page 815]]

 
Brown Bear: 1 bear by State         Sept. 1-May 31.
 registration permit only.
Caribou:
    Unit 18--that portion south of  Season to be announced by the Yukon
     the Yukon River--A harvest      Delta National Wildlife Refuge
     limit of up to 5 caribou will   Manager between Aug. 25 and Mar.
     be determined at the time the   31.
     season is announced and will
     be based on the management
     objectives in the
     ``Qavilnguut (Kilbuck)
     Caribou Herd Cooperative
     Management Plan.'' The season
     will be closed when the total
     harvest reaches guidelines as
     described in the approved
     ``Qavilnguut (Kilbuck)
     Caribou Herd Cooperative
     Management Plan''.
    Unit 18--that portion north of  Aug. 1-Mar. 31.
     the Yukon River--5 caribou
     per day.
Moose:
    Unit 18--that portion north     Sept. 5-Sept. 25.
     and west of a line from Cape
     Romanzof to Kuzilvak
     Mountain, and then to
     Mountain Village, and west
     of, but not including, the
     Andreafsky River drainage--1
     antlered bull.
    Unit 18--south of and           No open season.
     including the Kanektok River
     drainages.
    Unit 18--Kuskokwim River        Aug. 25-Sept. 25.
     drainage--1 antlered bull. A   Winter season to be announced.
     10-day hunt (1 bull, evidence
     of sex required) will be
     opened by announcement
     sometime between Dec. 1 and
     Feb. 28.
    Unit 18--remainder--1 antlered  Sept. 1-Sept. 30.
     bull. A 10-day hunt (1 bull,   Winter season to be announced.
     evidence of sex required)
     will be opened by
     announcement sometime between
     Dec. 1 and Feb. 28.
    Public lands in Unit 18 are     ....................................
     closed to the hunting of
     moose, except by Federally-
     qualified rural Alaska
     residents during seasons
     identified above.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White         Sept. 1-Apr. 30.
 Phase): 2 foxes.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 10-Mar. 31.
Wolf: 5 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-May 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: No limit..................  Nov. 1-June 10.
Coyote: No limit..................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White         Nov. 10-Mar. 31.
 Phase): No limit.
Fox, Red (including Cross, Black    Nov. 10-Mar. 31.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 10-Mar. 31.
Marten: No limit..................  Nov. 10-Mar. 31.
Mink and Weasel: No limit.........  Nov. 10-Jan. 31.
Muskrat: No limit.................  Nov. 10-June 10.
Otter: No limit...................  Nov. 10-Mar. 31.
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 10-Mar. 31.
------------------------------------------------------------------------

    (19) Unit 19. (i) Unit 19 consists of the Kuskokwim River drainage 
upstream from a straight line drawn between Lower Kalskag and Piamiut:
    (A) Unit 19(A) consists of the Kuskokwim River drainage downstream 
from and including the Moose Creek drainage on the north bank and 
downstream from and including the Stony River drainage on the south 
bank, excluding Unit 19(B);
    (B) Unit 19(B) consists of the Aniak River drainage upstream from 
and including the Salmon River drainage, the Holitna River drainage 
upstream from and including the Bakbuk Creek drainage, that area south 
of a line from the mouth of Bakbuk Creek to the radar dome at Sparrevohn 
Air Force Base, including the Hoholitna River drainage upstream from 
that line, and the Stony River drainage upstream from and including the 
Can Creek drainage;
    (C) Unit 19(C) consists of that portion of Unit 19 south and east of 
a line from Benchmark M#1.26 (approximately 1.26 miles south of the 
northwest corner of the original Mt. McKinley National Park boundary) to 
the peak of Lone Mountain, then due west to Big River, including the Big 
River drainage upstream from that line, and including the Swift River 
drainage upstream from and including the North Fork drainage;
    (D) Unit 19(D) consists of the remainder of Unit 19.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:

[[Page 816]]

    (A) You may not take wildlife for subsistence uses on lands within 
Mount McKinley National Park as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (k)(19) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980;
    (B) In the Upper Kuskokwim Controlled Use Area, which consists of 
that portion of Unit 19(D) upstream from the mouth of Big River 
including the drainages of the Big River, Middle Fork, South Fork, East 
Fork, and Tonzona River, and bounded by a line following the west bank 
of the Swift Fork (McKinley Fork) of the Kuskokwim River to 152 deg. 50' 
W. long., then north to the boundary of Denali National Preserve, then 
following the western boundary of Denali National Preserve north to its 
intersection with the Minchumina-Telida winter trail, then west to the 
crest of Telida Mountain, then north along the crest of Munsatli Ridge 
to elevation 1,610, then northwest to Dyckman Mountain and following the 
crest of the divide between the Kuskokwim River and the Nowitna 
drainage, and the divide between the Kuskokwim River and the Nixon Fork 
River to Loaf benchmark on Halfway Mountain, then south to the west side 
of Big River drainage, the point of beginning, you may not use of 
aircraft for hunting moose, including transportation of any moose hunter 
or moose part; however, this does not apply to transportation of a moose 
hunter or moose part by aircraft between publicly owned airports in the 
Controlled Use Area, or between a publicly owned airport within the area 
and points outside the area;
    (C) You may hunt brown bear by State registration permit in lieu of 
a resident tag in the Western Alaska Brown Bear Management Area, which 
consists of Unit 17(A), that portion of 17(B) draining into Nuyakuk Lake 
and Tikchik Lake, Unit 18, and that portion of Unit 19(A) and (B) 
downstream of and including the Aniak River drainage, if you have 
obtained a State registration permit prior to hunting.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30.
    (B) [Reserved].

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
    Brown Bear:...................
    Unit 19(A) and (B)--those       Sept. 1-May 31.
     portions which are downstream
     of and including the Aniak
     River drainage--1 bear.
    Unit 19(A)--remainder, 19(B)--  Sept. 10-May 25.
     remainder, and Unit 19(D)--1
     bear every four regulatory
     years.
Caribou:
    Unit 19(A)--north of Kuskokwim  Aug. 10-Sept. 30.
     River--1 caribou.              Nov. 1-Feb. 28.
    Unit 19(A)--south of the        Aug. 1-Apr. 15.
     Kuskokwim River and Unit
     19(B) (excluding rural Alaska
     residents of Lime Village)--5
     caribou.
    Unit 19(C)--1 caribou.........  Aug. 10-ct. 10.
    Unit 19(D)--south and east of   Aug. 10-Sept. 30.
     the Kuskokwim River and North  Nov. 1-Jan. 31.
     Fork of the Kuskokwim River--
     1 caribou.
    Unit 19(D)--remainder--1        Aug. 10-Sept. 30.
     caribou.
    Unit 19--rural Alaska           July 1-June 30.
     residents domiciled in Lime
     Village only--no individual
     harvest limit but a village
     harvest quota of 200 caribou;
     cows and calves may not be
     taken from Apr. 1-Aug. 9.
     Reporting will be by a
     community reporting system.
Sheep: 1 ram with 7/8 curl........  Aug. 10-Sept. 20.
Moose:
    Unit 19--Rural Alaska           July 1-June 30.
     residents of Lime Village
     only--no individual harvest
     limit, but a village harvest
     quota of 40 moose (including
     those taken under the State
     Tier II system); either sex.
     Reporting will be by a
     community reporting system.
    Unit 19(A)--that portion north  Sept. 1-Sept. 20.
     of the Kuskokwim River         Nov. 20-Nov. 30.
     upstream from, but not         Jan. 1-Jan. 10.
     including the Kolmakof River   Feb. 1-Feb. 10.
     drainage and south of the
     Kuskokwim River upstream
     from, but not including the
     Holokuk River drainage--1
     moose; however, antlerless
     moose may be taken only
     during the Feb. 1-Feb. 10
     season.
    Unit 19(A)--remainder--1 bull.  Sept. 1-Sept. 20.
                                    Nov. 20-Nov. 30.
                                    Jan. 1-Jan. 10.
                                    Feb. 1-Feb. 10.
    Unit 19(B)--1 antlered bull...  Sept. 1-Sept. 30.
    Unit 19(C)--1 antlered bull...  Sept. 1-ct. 10.

[[Page 817]]

 
    Unit 19(C)--1 bull by State     Jan. 15-Feb. 15.
     registration permit.
    Unit 19(D)--that portion of     Sept. 1-Sept. 30.
     the Upper Kuskokwim
     Controlled Use Area within
     the North Fork drainage
     upstream from the confluence
     of the South Fork to the
     mouth of the Swift Fork--1
     antlered bull.
    Unit 19(D)--remainder of the    Sept. 1-Sept. 30.
     Upper Kuskokwim Controlled     Dec. 1-Feb. 28.
     Use Area--1 bull.
    Unit 19(D)--remainder--1        Sept. 1-Sept. 30.
     antlered bull.                 Dec. 1-Dec. 15.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 1-Feb. 28.
Wolf: 5 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver: No limit..................  Nov. 1-Jun. 10.
Coyote: No limit..................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black    Nov. 1-Mar. 31.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 1-Feb. 28.
Marten: No limit..................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.........  Nov. 1-Feb. 28.
Muskrat: No limit.................  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 1-Apr. 30.
Wolverine: No limit...............  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (20) Unit 20. (i) Unit 20 consists of the Yukon River drainage 
upstream from and including the Tozitna River drainage to and including 
the Hamlin Creek drainage, drainages into the south bank of the Yukon 
River upstream from and including the Charley River drainage, the Ladue 
River and Fortymile River drainages, and the Tanana River drainage north 
of Unit 13 and downstream from the east bank of the Robertson River:
    (A) Unit 20(A) consists of that portion of Unit 20 bounded on the 
south by the Unit 13 boundary, bounded on the east by the west bank of 
the Delta River, bounded on the north by the north bank of the Tanana 
River from its confluence with the Delta River downstream to its 
confluence with the Nenana River, and bounded on the west by the east 
bank of the Nenana River;
    (B) Unit 20(B) consists of drainages into the north bank of the 
Tanana River from and including Hot Springs Slough upstream to and 
including the Banner Creek drainage;
    (C) Unit 20(C) consists of that portion of Unit 20 bounded on the 
east by the east bank of the Nenana River and on the north by the north 
bank of the Tanana River downstream from the Nenana River;
    (D) Unit 20(D) consists of that portion of Unit 20 bounded on the 
east by the east bank of the Robertson River and on the west by the west 
bank of the Delta River, and drainages into the north bank of the Tanana 
River from its confluence with the Robertson River downstream to, but 
excluding the Banner Creek drainage;
    (E) Unit 20(E) consists of drainages into the south bank of the 
Yukon River upstream from and including the Charley River drainage, and 
the Ladue River drainage;
    (F) Unit 20(F) consists of the remainder of Unit 20.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not take wildlife for subsistence uses on lands within 
Mount McKinley National Park as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (k)(20) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980;
    (B) You may not use motorized vehicles or pack animals for hunting 
from

[[Page 818]]

Aug. 5-Aug. 25 in the Delta Controlled Use Area, the boundary of which 
is defined as: a line beginning at the confluence of Miller Creek and 
the Delta River, then west to vertical angle bench mark Miller, then 
west to include all drainages of Augustana Creek and Black Rapids 
Glacier, then north and east to include all drainages of McGinnis Creek 
to its confluence with the Delta River, then east in a straight line 
across the Delta River to Mile 236.7 Richardson Highway, then north 
along the Richardson Highway to its junction with the Alaska Highway, 
then east along the Alaska Highway to the west bank of the Johnson 
River, then south along the west bank of the Johnson River and Johnson 
Glacier to the head of the Canwell Glacier, then west along the north 
bank of the Canwell Glacier and Miller Creek to the Delta River;
    (C) You may not use motorized vehicles, except aircraft and boats, 
and to licensed highway vehicles, snowmobiles, and firearms except as 
provided below in the Dalton Highway Corridor Management Area, which 
consists of those portions of Units 20, 24, 25, and 26 extending five 
miles from each side of the Dalton Highway from the Yukon River to 
milepost 300 of the Dalton Highway. The use of snowmobiles is authorized 
only for the subsistence taking of wildlife by residents living within 
the Dalton Highway Corridor Management Area. You may use licensed 
highway vehicles only on designated roads within the Dalton Highway 
Corridor Management Area. Only the residents of Alatna, Allakaket, 
Anaktuvuk Pass, Bettles, Evansville, Stevens Village, and residents 
living within the Corridor may use firearms within the Corridor;
    (D) You may not use any motorized vehicle for hunting from August 5-
September 20 in the Glacier Mountain Controlled Use Area, which consists 
of that portion of Unit 20(E) bounded by a line beginning at Mile 140 of 
the Taylor Highway, then north along the highway to Eagle, then west 
along the cat trail from Eagle to Crooked Creek, then from Crooked Creek 
southwest along the west bank of Mogul Creek to its headwaters on North 
Peak, then west across North Peak to the headwaters of Independence 
Creek, then southwest along the west bank of Independence Creek to its 
confluence with the North Fork of the Fortymile River, then easterly 
along the south bank of the North Fork of the Fortymile River to its 
confluence with Champion Creek, then across the North Fork of the 
Fortymile River to the south bank of Champion Creek and easterly along 
the south bank of Champion Creek to its confluence with Little Champion 
Creek, then northeast along the east bank of Little Champion Creek to 
its headwaters, then northeasterly in a direct line to Mile 140 on the 
Taylor Highway; however, this does not prohibit motorized access via, or 
transportation of harvested wildlife on, the Taylor Highway or any 
airport;
    (E) You may by permit only hunt moose on the Minto Flats Management 
Area, which consists of that portion of Unit 20 bounded by the Elliot 
Highway beginning at Mile 118, then northeasterly to Mile 96, then east 
to the Tolovana Hotsprings Dome, then east to the Winter Cat Trail, then 
along the Cat Trail south to the Old Telegraph Trail at Dunbar, then 
westerly along the trail to a point where it joins the Tanana River 
three miles above Old Minto, then along the north bank of the Tanana 
River (including all channels and sloughs except Swan Neck Slough), to 
the confluence of the Tanana and Tolovana Rivers and then northerly to 
the point of beginning;
    (F) You may hunt moose by bow and arrow only in the Fairbanks 
Management Area, which consists of the Goldstream subdivision (SE \1/4\ 
SE \1/4\, Section 28 and Section 33, Township 2 North, Range 1 West, 
Fairbanks Meridian) and that portion of Unit 20(B) bounded by a line 
from the confluence of Rosie Creek and the Tanana River, northerly along 
Rosie Creek to the divide between Rosie Creek and Cripple Creek, then 
down Cripple Creek to its confluence with Ester Creek, then up Ester 
Creek to its confluence with Ready Bullion Creek, then up Ready Bullion 
Creek to the summit of Ester Dome, then down Sheep Creek to its 
confluence with Goldstream Creek, then easterly along Goldstream Creek 
to its confluence with First Chance Creek, then up First Chance Creek to 
Tungsten Hill, then southerly along

[[Page 819]]

Steele Creek to its intersection with the Trans-Alaska Pipeline, then 
southerly along the pipeline right-of-way to the Chena River, then along 
the north bank of the Chena River to the Moose Creek dike, then 
southerly along Moose Creek dike to its intersection with the Tanana 
River, and then westerly along the north bank of the Tanana River to the 
point of beginning.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30;
    (B) You may not use a steel trap, or a snare using cable smaller 
than \3/32\ inch diameter to trap wolves in Unit 20(E) during April and 
October;
    (C) Residents of Unit 20 and 21 may take up to three moose per 
regulatory year for the celebration known as the Nuchalawoyya Potlatch, 
under the terms of a Federal registration permit. Permits will be issued 
to individuals only at the request of the Native Village of Tanana. This 
three moose limit is not cumulative with that permitted by the State.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear:
    Unit 20(E)--1 bear............  Aug. 10-June 30.
    Unit 20--remainder--1 bear      Sept. 1-May 31.
     every four regulatory years.
Caribou:
  Unit 20(E)--1 bull by joint       Aug. 10-Sept. 30.
   State/Federal registration       Nov. 15-Feb. 28.
   permit only. The fall season
   will close when a combined
   State/Federal harvest of 55
   bulls has been reached. The
   winter season will close when
   the combined fall and winter
   State/Federal harvest quota of
   150 bulls for the Fortymile
   herd has been reached. The
   season closures will be
   announced by the Northern Field
   Office Manager, Bureau of Land
   Management after consultation
   with the National Park Service
   and Alaska Department of Fish
   and Game.
    Unit 20(F)--Tozitna River       Aug. 10-Sept. 30.
     drainage--1 caribou; however,  Nov. 26-Dec. 10.
     only bull caribou may be       Mar. 1-Mar. 15.
     taken Aug. 10-Sept. 30.
    Unit 20(F)--south of the Yukon  Dec. 1-Dec. 31.
     River--1 caribou.
    Remainder of Unit 20(F)--1      Aug. 10-Sept. 30.
     bull.
Moose:
    Unit 20(A)--1 antlered bull...  Sept. 1-Sept. 20.
    Unit 20(B)--that portion        Sept. 1-Sept. 20.
     within the Minto Flats         Jan. 10-Feb. 28.
     Management Area--1 bull by
     Federal registration permit
     only.
    Unit 20(B)--remainder--1        Sept. 1-Sept. 20.
     antlered bull.
    Unit 20(C)--that portion        Sept. 1-Sept. 30.
     within Denali National Park    Nov. 15-Dec. 15.
     and Preserve west of the
     Toklat River, excluding lands
     within Mount McKinley
     National Park as it existed
     prior to December 2, 1980--1
     antlered bull; however, white-
     phased or partial albino
     (more than 50 percent white)
     moose may not be taken.
    Unit 20(C)--remainder--1        Sept. 1-Sept. 30.
     antlered bull; however, white-
     phased or partial albino
     (more than 50 percent white)
     moose may not be taken.
    Unit 20(E)--that portion        Aug. 20-Sept. 30.
     within Yukon Charley National
     Preserve--1 bull.
    Unit 20(E)--that portion        Aug. 20-Aug. 28.
     drained by the Ladue, Sixty-   Sept. 1-Sept. 15.
     mile, and Forty-mile Rivers
     (all forks) from Mile 9\1/2\
     to Mile 145 Taylor Highway,
     including the Boundary Cutoff
     Road--1 antlered bull;
     however during the period
     Aug. 20--Aug. 28 only a bull
     with Spike/fork antlers may
     be taken.
    Unit 20(F)--that portion        Sept. 1-Sept. 25.
     within the Dalton Highway
     Corridor Management Area--1
     antlered bull by Federal
     registration permit only.
    Unit 20(F)--remainder--1        Sept. 1-Sept. 25.
     antlered bull.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx:
    Unit 20(E)--2 lynx............  Nov. 1-Jan. 31.
    Unit 20--remainder--2 lynx....  Dec. 1-Jan. 31.
Wolf: 10 wolves...................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and
 Sharp-tailed):
    Unit 20(D)--that portion south  Aug. 25-Mar. 31.
     of the Tanana River and west
     of the Johnson River--15 per
     day, 30 in possession,
     provided that not more than 5
     per day and 10 in possession
     are sharp-tailed grouse.
    Unit 20--remainder--15 per      Aug. 10-Mar. 31.
     day, 30 in possession.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 20--those portions within  Aug. 10-Mar. 31.
     five miles of Alaska Route 5
     (Taylor Highway, both to
     Eagle and the Alaska-Canada
     boundary) and that portion of
     Alaska Route 4 (Richardson
     Highway) south of Delta
     Junction--20 per day, 40 in
     possession.
    Unit 20--remainder--20 per      Aug. 10-Apr. 30.
     day, 40 in possession.
 

[[Page 820]]

 
             Trapping
 
Beaver:
    Units 20(A), 20(B), Unit        Nov. 1-Apr. 15.
     20(C), and 20(F)--No limit.
    Units 20(D) and (E)--25 beaver  Nov. 1-Apr. 15.
Coyote:
    Unit 20(E)--No limit..........  Nov. 1-Feb. 28.
    Remainder Unit 20--No limit...  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black    Nov. 1-Feb. 28.
 and Silver Phases): No limit.
Lynx:
    Unit 20(A), (B), (D), (E), and  Dec. 1-Feb. 15.
     (C) east of the Teklanika
     River--No limit.
    Unit 20(F) and the remainder    Nov. 1-Feb. 28.
     of 20(C)--No limit.
Marten: No limit..................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.........  Nov. 1-Feb. 28.
Muskrat:
    Unit 20(E)--No limit..........  Sept. 20-June 10.
    Unit 20--remainder--No limit..  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf:
    Unit 20(E)--No limit..........  Oct. 1-Apr. 30
    Unit 20--remainder--No limit..  Nov. 1-Mar. 31.
Wolverine: No limit...............  Nov. 1-Feb. 28.
------------------------------------------------------------------------

    (21) Unit 21. (i) Unit 21 consists of drainages into the Yukon River 
upstream from Paimiut to, but not including the Tozitna River drainage 
on the north bank, and to, but not including the Tanana River drainage 
on the south bank; and excluding the Koyukuk River drainage upstream 
from the Dulbi River drainage:
    (A) Unit 21(A) consists of the Innoko River drainage upstream from 
and including the Iditarod River drainage, and the Nowitna River 
drainage upstream from the Little Mud River;
    (B) Unit 21(B) consists of the Yukon River drainage upstream from 
Ruby and east of the Ruby-Poorman Road, downstream from and excluding 
the Tozitna River and Tanana River drainages, and excluding the Nowitna 
River drainage upstream from the Little Mud River, and excluding the 
Melozitna River drainage upstream from Grayling Creek;
    (C) Unit 21(C) consists of the Melozitna River drainage upstream 
from Grayling Creek, and the Dulbi River drainage upstream from and 
including the Cottonwood Creek drainage;
    (D) Unit 21(D) consists of the Yukon River drainage from and 
including the Blackburn Creek drainage upstream to Ruby, including the 
area west of the Ruby-Poorman Road, excluding the Koyukuk River drainage 
upstream from the Dulbi River drainage, and excluding the Dulbi River 
drainage upstream from Cottonwood Creek;
    (E) Unit 21(E) consists of the Yukon River drainage from Paimiut 
upstream to, but not including the Blackburn Creek drainage, and the 
Innoko River drainage downstream from the Iditarod River drainage.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Koyukuk Controlled Use Area, which consists of those 
portions of Units 21 and 24 bounded by a line from the north bank of the 
Yukon River at Koyukuk, then northerly to the confluences of the Honhosa 
and Kateel Rivers, then northeasterly to the confluences of Billy Hawk 
Creek and the Huslia River (65 deg. 57' N. lat., 156 deg. 41' W. long.), 
then easterly to the south end of Solsmunket Lake, then east to Hughes, 
then south to Little Indian River, then southwesterly to the crest of 
Hochandochtla Mountain, then southwest to the mouth of Cottonwood Creek 
then southwest to Bishop Rock, then westerly along the north bank of the 
Yukon River (including Koyukuk Island) to the point of beginning, is 
closed during moose-hunting seasons to the use of aircraft for hunting 
moose, including transportation of any moose hunter or moose part; 
however, this does not apply to transportation of a moose hunter or 
moose part by aircraft between publicly owned airports in the

[[Page 821]]

controlled use area or between a publicly owned airport within the area 
and points outside the area; all hunters on the Koyukuk River passing 
the ADF&G operated check station at Ella's Cabin (15 miles upstream from 
the Yukon on the Koyukuk River) are required to stop and report to ADF&G 
personnel at the check station;
    (B) The Paradise Controlled Use Area, which consists of that portion 
of Unit 21 bounded by a line beginning at the old village of Paimiut, 
then north along the west bank of the Yukon River to Paradise, then 
northwest to the mouth of Stanstrom Creek on the Bonasila River, then 
northeast to the mouth of the Anvik River, then along the west bank of 
the Yukon River to the lower end of Eagle Island (approximately 45 miles 
north of Grayling), then to the mouth of the Iditarod River, then down 
the east bank of the Innoko River to its confluence with Paimiut Slough, 
then south along the east bank of Paimiut Slough to its mouth, and then 
to the old village of Paimiut, is closed during moose hunting seasons to 
the use of aircraft for hunting moose, including transportation of any 
moose hunter or part of moose; however, this does not apply to 
transportation of a moose hunter or part of moose by aircraft between 
publicly owned airports in the Controlled Use Area or between a publicly 
owned airport within the area and points outside the area.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30;
    (B) If you have a trapping license, you may use a firearm to take 
beaver in Unit 21(E) from Apr. 1-June 1;
    (C) The residents of Units 20 and 21 may take up to three moose per 
regulatory year for the celebration known as the Nuchalawoyya Potlatch, 
under the terms of a Federal registration permit. Permits will be issued 
to individuals only at the request of the Native Village of Tanana. This 
three moose limit is not cumulative with that permitted by the State;
    (D) The residents of Unit 21 may take up to three moose per 
regulatory year for the celebration known as the Kaltag/Nulato 
Stickdance, under the terms of a Federal registration permit. Permits 
will be issued to individuals only at the request of the Native Village 
of Kaltag or Nulato. This three moose limit is not cumulative with that 
permitted by the State.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear: 1 bear every four       Sept. 1-May 31.
 regulatory years.
Caribou:
    Unit 21(A)--1 caribou.........  Aug. 10-Sept. 30.
                                    Dec. 10-Dec. 20.
    Unit 21(B), (C), and (E)--1     Aug. 10-Sept. 30.
     caribou.
    Unit 21(D)--north of the Yukon  Aug. 10-Sept. 30.
     River and east of the Koyukuk  Winter season to be announced.
     River 1 caribou; however, 2
     additional caribou may be
     taken during a winter season
     to be announced.
    Unit 21(D)--remainder--5        July 1-June 30.
     caribou per day; however, cow
     caribou may not be taken May
     16-June 30.
Moose:
    Unit 21(A)--1 bull............  Aug. 20-Sept. 25.
                                    Nov. 1-Nov. 30.
    Unit 21(B) and (C)--1 antlered  Sept. 5-Sept. 25.
     bull.
    Unit 21(D)--1 moose; moose may  Sept. 1-Sept. 25.
     not be taken within one-half   Feb. 1-Feb. 10.
     mile of the Yukon River
     during the February season.
     During the Sept. 1-Sept. 25
     season a State registration
     permit is required within the
     Koyukuk Controlled Use Area.
    Unit 21(E)--1 moose; however,   Aug. 20-Sept. 25.
     only bulls may be taken from   Feb. 1-Feb. 10.
     Aug. 20-Sept. 25; moose may
     not be taken within one-half
     mile of the Innoko or Yukon
     River during the February
     season.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 1-Feb. 28.
Wolf: 5 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.

[[Page 822]]

 
             Trapping
 
Beaver: No Limit..................  Nov. 1-June 10.
Coyote: No limit..................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black    Nov. 1-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 1-Feb. 28.
Marten: No limit..................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.........  Nov. 1-Feb. 28.
Muskrat: No limit.................  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 1-Apr. 30.
Wolverine: No limit...............  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (22) Unit 22. (i) Unit 22 consists of Bering Sea, Norton Sound, 
Bering Strait, Chukchi Sea, and Kotzebue Sound drainages from, but 
excluding, the Pastolik River drainage in southern Norton Sound to, but 
not including, the Goodhope River drainage in Southern Kotzebue Sound, 
and all adjacent islands in the Bering Sea between the mouths of the 
Goodhope and Pastolik Rivers:
    (A) Unit 22(A) consists of Norton Sound drainages from, but 
excluding, the Pastolik River drainage to, and including, the Ungalik 
River drainage, and Stuart and Besboro Islands;
    (B) Unit 22(B) consists of Norton Sound drainages from, but 
excluding, the Ungalik River drainage to, and including, the Topkok 
Creek drainage;
    (C) Unit 22(C) consists of Norton Sound and Bering Sea drainages 
from, but excluding, the Topkok Creek drainage to, and including, the 
Tisuk River drainage, and King and Sledge Islands;
    (D) Unit 22(D) consists of that portion of Unit 22 draining into the 
Bering Sea north of, but not including, the Tisuk River to and including 
Cape York, and St. Lawrence Island;
    (E) Unit 22(E) consists of Bering Sea, Bering Strait, Chukchi Sea, 
and Kotzebue Sound drainages from Cape York to, but excluding, the 
Goodhope River drainage, and including Little Diomede Island and Fairway 
Rock.
    (ii) You may hunt brown bear by State registration permit in lieu of 
a resident tag in the Northwest Alaska Brown Bear Management Area, which 
consists of Unit 22, except 22(C), those portions of Unit 23, except the 
Baldwin Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A), 
if you have obtained a State registration permit prior to hunting. 
Aircraft may not be used in the Northwest Alaska Brown Bear Management 
Area in any manner for brown bear hunting under the authority of a brown 
bear State registration permit, including transportation of hunters, 
bears, or parts of bears; however, this does not apply to transportation 
of bear hunters or bear parts by regularly scheduled flights to and 
between communities by carriers that normally provide scheduled service 
to this area, nor does it apply to transportation of aircraft to or 
between publicly owned airports.
    (iii) Unit-specific regulations:
    (A) If you have a trapping license, you may use a firearm to take 
beaver in Unit 22 during the established seasons;
    (B) Coyote, incidentally taken with a trap or snare intended for red 
fox or wolf, may be used for subsistence purposes.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear:
    Unit 22(A)--1 bear by State     Sept 1-May 31.
     registration permit by
     residents of Unit 22(A) only.
    Unit 22(B)--1 bear by State     Sept. 1-May 31.
     registration permit by
     residents of Unit 22(B) only.
    Unit 22(C)....................  No open season.
    Unit 22--remainder--1 bear by   Sept. 1-May 31.
     State registration permit.
Caribou: Unit 22(A) and (B)--5      July 1-June 30.
 caribou per day; however, cow
 caribou may not be taken May 16-
 June 30.
Moose:

[[Page 823]]

 
    Unit 22(A)--1 bull; however,    Aug. 1-Sept. 30.
     the period of Dec. 1-Jan. 31   Dec. 1-Jan. 31.
     is closed to hunting except
     by residents of Unit 22(A)
     only.
    Unit 22(B)--1 moose; however,   Aug. 1-Jan. 31.
     antlerless moose may be taken
     only from Dec. 1-Dec. 31; no
     person may take a cow
     accompanied by a calf.
    Unit 22(C)--1 antlered bull...  Sept. 1-Sept. 14.
    Unit 22(D)--that portion        Aug. 1-Jan. 31.
     within the Kuzitrin River
     drainage--1 antlered bull.
    Unit 22(D)--remainder--1        Aug. 1-Jan. 31.
     moose; however, antlerless
     moose may be taken only from
     Dec. 1-Dec. 31; no person may
     take a cow accompanied by a
     calf.
    Unit 22(E)--1 moose; no person  Aug. 1-Mar. 31.
     may take a cow accompanied by
     a calf.
Muskox:
    Unit 22(D)--1 bull by Federal   Aug. 1-Mar. 15.
     registration permit or State
     Tier II permit. Federal
     public lands are closed to
     the taking of muskox except
     by Federally-qualified
     subsistence users. Twelve
     Federal permits may be issued
     in conjunction with the State
     Tier II hunt; the combined
     total of Federal and State
     permits will not exceed 36
     permits. Six Federal permits
     will be issued for National
     Park Service lands and six
     for Bureau of Land Management
     lands.
    Unit 22(E)--1 bull by Federal   Aug. 1-Mar. 15.
     registration permit or State
     Tier II permit. Federal
     public lands are closed to
     the taking of muskox except
     by Federally-qualified
     subsistence users. Nine
     Federal permits may be issued
     in conjunction with the State
     Tier II hunt; the combined
     total of Federal and State
     permits will not exceed 18
     permits.
    Unit 22--remainder............  No open season.
Beaver:
    Unit 22(A), (B), (D), and (E)-- Nov. 1-June 10.
     50 beaver.
    Unit 22--remainder............  No open season.
Coyote: Federal public lands are    No open season.
 closed to the taking of coyotes.
Fox, Arctic (Blue and White         Sept. 1-Apr. 30.
 Phase): 2 foxes.
Fox, Red (including Cross, Black    Nov. 1-Apr. 15.
 and Silver Phases): 10 foxes.
Hare (Snowshoe and Tundra): No      Sept. 1-Apr. 15.
 limit.
Lynx: 2 lynx......................  Nov. 1-Apr. 15.
Marten:
    Unit 22(A) 22(B)--No limit....  Nov. 1-Apr. 15
    Unit 22--remainder............  No open season.
Mink and Weasel: No limit.........  Nov. 1-Jan. 31.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 1-Apr. 15.
Wolverine: 3 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 22(A) and 22(B) east of    Aug. 10-Apr. 30.
     and including the Niukluk
     River drainage--40 per day,
     80 in possession.
    Unit 22 Remainder--20 per day,  Aug. 10-Apr. 30.
     40 in possession.
 
             Trapping
 
Beaver:
    Unit 22(A), (B), (D), and (E)-- Nov. 1-June 10.
     50 beaver.
    Unit 22(C)....................  No open season.
Coyote: Federal public lands are    No open season.
 closed to the taking of coyotes.
Fox, Arctic (Blue and White         Nov. 1-Apr. 15.
 Phase): No limit.
Fox, Red (including Cross, Black    Nov. 1-Apr. 15.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 1-Apr. 15.
Marten: No limit..................  Nov. 1-Apr. 15.
Mink and Weasel: No limit.........  Nov. 1-Jan. 31.
Muskrat: No limit.................  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 1-Apr. 15.
Wolverine: No limit...............  Nov. 1-Apr. 15.
------------------------------------------------------------------------

    (23) Unit 23. (i) Unit 23 consists of Kotzebue Sound, Chukchi Sea, 
and Arctic Ocean drainages from and including the Goodhope River 
drainage to Cape Lisburne.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use aircraft in any manner either for hunting of 
ungulates, bear, wolves, or wolverine, or for transportation of hunters 
or harvested species in the Noatak Controlled Use Area, which consists 
of that portion of Unit 23 in a corridor extending five miles on either 
side of the Noatak River beginning at the mouth of the Noatak River, and 
extending upstream to the mouth of Sapun Creek, is closed for the period 
August 25--September 15. This does not apply to the transportation of 
hunters or parts of ungulates,

[[Page 824]]

bear, wolves, or wolverine by regularly scheduled flights to communities 
by carriers that normally provide scheduled air service;
    (B) You may hunt brown bear by State registration permit in lieu of 
a resident tag in the Northwest Alaska Brown Bear Management Area, which 
consists of Unit 22, except 22(C), those portions of Unit 23, except the 
Baldwin Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A); 
if you have obtained a State registration permit prior to hunting. 
Aircraft may not be used in the Northwest Alaska Brown Bear Management 
Area in any manner for brown bear hunting under the authority of a brown 
bear State registration permit, including transportation of hunters, 
bears or parts of bears; however, this does not apply to transportation 
of bear hunters or bear parts by regularly scheduled flights to and 
between communities by carriers that normally provide scheduled service 
to this area, nor does it apply to transportation of aircraft to or 
between publicly owned airports.
    (iii) Unit-specific regulations:
    (A) You may take caribou from a boat under power in Unit 23;
    (B) You may take swimming caribou with a firearm using rimfire 
cartridges;
    (C) If you have a trapping license, you may take beaver with a 
firearm in all of Unit 23 from Nov. 1--Jun. 10;
    (D) For the Baird and DeLong Mountain sheep hunts--A Federally-
qualified subsistence user (recipient) may designate another Federally-
qualified subsistence user to take sheep on his or her behalf unless the 
recipient is a member of a community operating under a community harvest 
system. The designated hunter must obtain a designated hunter permit and 
must return a completed harvest report. The designated hunter may hunt 
for any number of recipients but may have no more than two harvest 
limits in his/her possession at any one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear:
    Unit 23--except the Baldwin     Sept. 1-May 31.
     Peninsula north of the Arctic
     Circle--1 bear by State
     registration permit.
    Unit 23--remainder--1 bear      Sept. 1-Oct. 10.
     every four regulatory years.   Apr. 15-May 25.
Caribou: 15 caribou per day;        July 1-June 30.
 however, cow caribou may not be
 taken May 16-June 30.
Sheep:
    Unit 23--south of Rabbit        Aug. 1-Sept. 30.
     Creek, Kyak Creek and the      The season will be closed when half
     Noatak River, and west of the   of the quota has been harvested.
     Cutler and Redstone Rivers
     (Baird Mountains)--1 ram with
     full curl or larger horns by
     Federal registration permit.
     The Superintendent of the
     Western Arctic National
     Parklands may issue permits
     for the harvest of up to 20
     full curl rams, based on a
     quota to be announced locally
     after the annual sheep
     population survey is
     completed. Federal public
     lands are closed to the
     taking of sheep except by
     Federally-qualified
     subsistence users.
    Unit 23--south of Rabbit        Oct. 1-Apr. 1.
     Creek, Kyak Creek and the      The season will be closed when the
     Noatak River, and west of the   total quota of sheep has been
     Cutler and Redstone Rivers      harvested including those harvested
     (Baird Mountains)--1 ram with   during the Aug. 1-Sept. 30 season.
     full curl or larger horns by
     Federal registration permit.
     The Superintendent of the
     Western Arctic National
     Parklands may issue permits
     for the harvest of up to 20
     full curl rams, based on a
     quota to be announced locally
     after the annual sheep
     population survey is
     completed. Federal public
     lands are closed to the
     taking of sheep except by
     Federally-qualified
     subsistence users.
    Unit 23--north of Rabbit        Aug. 1-Sept. 30.
     Creek, Kyak Creek and the      The season will be closed when half
     Noatak River, and west of the   of the quota has been harvested in
     Aniuk River (DeLong             the DeLong Mountains.
     Mountains)--1 ram with full
     curl or larger horns by
     Federal registration permit.
     The Superintendent of the
     Western Arctic National
     Parklands may issue permits
     for the harvest of up to 10
     full curl rams in the DeLong
     Mountains, Units 23 and
     26(A), based on a quota to be
     announced locally after the
     annual sheep population
     survey is completed.
    Unit 23--north of Rabbit        Oct. 1-Apr. 1.
     Creek, Kyak Creek and the      The season will be closed when the
     Noatak River, and west of the   total quota of sheep has been
     Aniuk River (DeLong             harvested in the DeLong Mountains
     Mountains)--1 ram with full     including those harvested during
     curl or larger horns by         the Aug. 1-Sept. 30 season.
     Federal registration permit.
     The Superintendent of the
     Western Arctic National
     Parklands may issue permits
     for the harvest of up to 10
     full curl rams in the DeLong
     Mountains, Units 23 and
     26(A), based on a quota to be
     announced locally after the
     annual sheep population
     survey is completed.
    Unit 23, remainder (Schwatka    Aug. 10-Sept. 20.
     Mountains)--1 ram with 7/8
     curl horn or larger.
    Unit 23, remainder (Schwatka    Oct. 1-Apr. 30.
     Mountains)--1 sheep.
Moose:

[[Page 825]]

 
    Unit 23--that portion north     July 1-Mar. 31.
     and west of and including the
     Singoalik River drainage, and
     all lands draining into the
     Kukpuk and Ipewik Rivers--1
     moose; no person may take a
     cow accompanied by a calf.
    Unit 23--that portion lying     Aug. 1-Sept. 15.
     within the Noatak River        Oct. 1-Mar. 31.
     drainage--1 moose; however,
     antlerless moose may be taken
     only from Nov. 1-Mar. 31; no
     person may take a cow
     accompanied by a calf.
    Unit 23--remainder--1 moose;    Aug. 1-Mar. 31.
     no person may take a cow
     accompanied by a calf.
Muskox:
    Unit 23--south of Kotzebue      Aug. 1-Mar. 15.
     Sound and west of and
     including the Buckland River
     drainage--1 bull by Federal
     registration permit or State
     Tier II permit. Federal
     public lands are closed to
     the taking of muskox except
     by Federally-qualified
     subsistence users. Eight
     Federal permits may be issued
     in conjunction with the State
     Tier II hunt; the combined
     total of Federal and State
     permits will not exceed 10
     permits.
    Unit 23--remainder............  No open season.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White         Sept. 1-Apr. 30.
 Phase): 2 foxes.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare: (Snowshoe and Tundra) No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Dec. 1-Jan. 15.
Wolf: 5 wolves....................  Nov. 10-Mar. 31.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Beaver:
    Unit 23--the Kobuk and Selawik  Nov. 1-June 10.
     River drainages--50 beaver.
    Unit 23--remainder--30 beaver.  Nov. 1-June 10.
Coyote: No limit..................  Nov. 1-Apr. 15
Fox, Arctic (Blue and White         Nov. 1-Apr. 15.
 Phase): No limit.
Fox, Red (including Cross, Black    Nov. 1-Apr. 15.
 and Silver Phases): No limit.
Lynx: 3 lynx......................  Dec. 1-Jan. 15.
Marten: No limit..................  Nov. 1-Apr. 15.
Mink and Weasel: No limit.........  Nov. 1-Jan. 31.
Muskrat: No limit.................  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 10-Mar. 31.
Wolverine: No limit...............  Nov. 1-Apr. 15.
------------------------------------------------------------------------

    (24) Unit 24. (i) Unit 24 consists of the Koyukuk River drainage 
upstream from but not including the Dulbi River drainage.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use motorized vehicles, except aircraft and boats, 
and licensed highway vehicles, snowmobiles, and firearms in the Dalton 
Highway Corridor Management Area, which consists of those portions of 
Units 20, 24, 25, and 26 extending five miles from each side of the 
Dalton Highway from the Yukon River to milepost 300 of the Dalton 
Highway, except as follows: Residents living within the Dalton Highway 
Corridor Management Area may use snowmobiles only for the subsistence 
taking of wildlife. You may use licensed highway vehicles only on 
designated roads within the Dalton Highway Corridor Management Area. The 
residents of Alatna, Allakaket, Anaktuvuk Pass, Bettles, Evansville, 
Stevens Village, and residents living within the Corridor may use 
firearms within the Corridor is authorized only for subsistence taking 
of wildlife;
    (B) You may not use aircraft for hunting moose, including 
transportation of any moose hunter or moose part in the Kanuti 
Controlled Use Area, which consists of that portion of Unit 24 bounded 
by a line from the Bettles Field VOR to the east side of Fish Creek 
Lake, to Old Dummy Lake, to the south end of Lake Todatonten (including 
all waters of these lakes), to the northernmost headwaters of Siruk 
Creek, to the highest peak of Double Point Mountain, then back to the 
Bettles Field VOR; however, this does not apply to transportation of a 
moose hunter or moose part by aircraft between publicly owned airports 
in the

[[Page 826]]

controlled use area or between a publicly owned airport within the area 
and points outside the area;
    (C) You may not use aircraft for hunting moose, including 
transportation of any moose hunter or moose part in the Koyukuk 
Controlled Use Area, which consists of those portions of Units 21 and 24 
bounded by a line from the north bank of the Yukon River at Koyukuk, 
then northerly to the confluences of the Honhosa and Kateel Rivers, then 
northeasterly to the confluences of Billy Hawk Creek and the Huslia 
River (65 deg. 57' N. lat., 156 deg. 41' W. long.), then easterly to the 
south end of Solsmunket Lake, then east to Hughes, then south to Little 
Indian River, then southwesterly to the crest of Hochandochtla Mountain, 
then southwest to the mouth of Cottonwood Creek, then southwest to 
Bishop Rock, then westerly along the north bank of the Yukon River 
(including Koyukuk Island) to the point of beginning; however, this does 
not apply to transportation of a moose hunter or moose part by aircraft 
between publicly owned airports in the controlled use area or between a 
publicly owned airport within the area and points outside the area; all 
hunters on the Koyukuk River passing the ADF&G operated check station at 
Ella's Cabin (15 miles upstream from the Yukon on the Koyukuk River) are 
required to stop and report to ADF&G personnel at the check station;
    (D) You may hunt brown bear by State registration permit in lieu of 
a resident tag in the Northwest Alaska Brown Bear Management Area, which 
consists of Unit 22, except 22(C), those portions of Unit 23, except the 
Baldwin Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A), 
if you have obtained a State registration permit prior to hunting. You 
may not use aircraft in the Northwest Alaska Brown Bear Management Area 
in any manner for brown bear hunting under the authority of a brown bear 
State registration permit, including transportation of hunters, bears or 
parts of bears. However, this does not apply to transportation of bear 
hunters or bear parts by regularly scheduled flights to and between 
communities by carriers that normally provide scheduled service to this 
area, nor does it apply to transportation of aircraft to or between 
publicly owned airports.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30;
    (B) Arctic fox, incidentally taken with a trap or snare intended for 
red fox, may be used for subsistence purposes.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear: Unit 24--1 bear by      Sept. 1-May 31.
 State registration permit.
Caribou:
    Unit 24--the Kanuti River       Aug. 10-Sept. 30.
     drainage upstream from
     Kanuti, Chalatna Creek, the
     Fish Creek drainage
     (including Bonanza Creek)--1
     bull.
    Remainder of Unit 24--5         July 1-June 30.
     caribou per day; however, cow
     caribou may not be taken May
     16-June 30.
Sheep:
    Unit 24--(Anaktuvuk Pass        July 15-Dec. 31.
     residents only)--that portion
     within the Gates of the
     Arctic National Park--
     community harvest quota of 60
     sheep, no more than 10 of
     which may be ewes and a daily
     possession limit of 3 sheep
     per person no more than 1 of
     which may be a ewe.
    Unit 24--(excluding Anaktuvuk   Aug. 1-Apr. 30.
     Pass residents)--that portion
     within the Gates of the
     Arctic National Park--3 sheep.
    Unit 24--that portion within    Aug. 10-Sept. 20.
     the Dalton Highway Corridor
     Management Area; except,
     Gates of the Arctic National
     Park--1 ram with 7/8 curl
     horn or larger by Federal
     registration permit only.
    Unit 24--remainder--1 ram with  Aug. 10-Sept. 20.
     7/8 curl horn or larger.
Moose:
    Unit 24--that portion within    Sept. 1-Sept. 25.
     the Koyukuk Controlled Use     Dec. 1-Dec. 10.
     Area--1 moose; however,        Mar. 1-Mar. 10.
     upstream from Huslia
     antlerless moose may only be
     taken during the periods of
     Sept. 21-Sept. 25, Dec. 1-
     Dec. 10, and Mar. 1-Mar. 10.
    Unit 24--that portion that      Aug. 1-Dec. 31.
     includes the John River
     drainage within the Gates of
     the Arctic National Park--1
     moose.
    Unit 24--the Alatna River       Aug. 25-Dec. 31.
     drainage within the Gates of   Mar. 1-Mar. 10.
     the Arctic National Park--1
     moose; however, antlerless
     moose may be taken only from
     Sept. 21-Sept. 25 and Mar. 1-
     Mar. 10.

[[Page 827]]

 
    Unit 24--all drainages to the   Aug. 25-Sept. 25.
     north of the Koyukuk River     Mar. 1-Mar. 10.
     upstream from and including
     the Alatna River to and
     including the North Fork of
     the Koyukuk River, except
     those portions of the John
     River and the Alatna River
     drainages within the Gates of
     the Arctic National Park--1
     moose; however, antlerless
     moose may be taken only from
     Sept. 21-Sept. 25 and Mar. 1-
     Mar. 10.
    Unit 24--that portion within    Aug. 25-Sept. 25.
     the Dalton Highway Corridor
     Management Area; except,
     Gates of the Arctic National
     Park--1 antlered bull by
     Federal registration permit
     only.
    Unit 24--remainder--1 antlered  Aug. 25-Sept. 25.
     bull. Public lands in the
     Kanuti Controlled Use Area
     are closed to taking of
     moose, except by eligible
     rural Alaska residents.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 1-Feb. 28.
Wolf: 5 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
             Trapping
 
Beaver: No limit..................  Nov. 1-Apr. 15.
Coyote: No limit..................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black    Nov. 1-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 1-Feb. 28.
Marten: No limit..................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.........  Nov. 1-Feb. 28.
Muskrat: No limit.................  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 1-Apr. 30.
Wolverine: No limit...............  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (25) Unit 25. (i) Unit 25 consists of the Yukon River drainage 
upstream from but not including the Hamlin Creek drainage, and excluding 
drainages into the south bank of the Yukon River upstream from the 
Charley River:
    (A) Unit 25(A) consists of the Hodzana River drainage upstream from 
the Narrows, the Chandalar River drainage upstream from and including 
the East Fork drainage, the Christian River drainage upstream from 
Christian, the Sheenjek River drainage upstream from and including the 
Thluichohnjik Creek, the Coleen River drainage, and the Old Crow River 
drainage;
    (B) Unit 25(B) consists of the Little Black River drainage upstream 
from but not including the Big Creek drainage, the Black River drainage 
upstream from and including the Salmon Fork drainage, the Porcupine 
River drainage upstream from the confluence of the Coleen and Porcupine 
Rivers, and drainages into the north bank of the Yukon River upstream 
from Circle, including the islands in the Yukon River;
    (C) Unit 25(C) consists of drainages into the south bank of the 
Yukon River upstream from Circle to the Subunit 20(E) boundary, the 
Birch Creek drainage upstream from the Steese Highway bridge (milepost 
147), the Preacher Creek drainage upstream from and including the Rock 
Creek drainage, and the Beaver Creek drainage upstream from and 
including the Moose Creek drainage;
    (D) Unit 25(D) consists of the remainder of Unit 25.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use motorized vehicles, except aircraft and boats, 
and licensed highway vehicles, snowmobiles, and firearms in the Dalton 
Highway Corridor Management Area, which consists of those portions of 
Units 20, 24, 25, and 26 extending five miles from each side of the 
Dalton Highway from the Yukon River to milepost 300 of the Dalton 
Highway, except as follows: Residents living within the Dalton Highway 
Corridor Management Area may use snowmobiles only for the subsistence 
taking of wildlife. You may use licensed highway vehicles only on 
designated roads within the Dalton Highway Corridor Management Area. 
Residents of Alatna, Allakaket, Anaktuvuk Pass, Bettles, Evansville,

[[Page 828]]

Stevens Village, and residents living within the Corridor may use 
firearms within the Corridor;
    (B) The Arctic Village Sheep Management Area consists of that 
portion of Unit 25(A) north and west of Arctic Village, which is bounded 
on the east by the East Fork Chandalar River beginning at the confluence 
of Red Sheep Creek and proceeding southwesterly downstream past Arctic 
Village to the confluence with Crow Nest Creek, continuing up Crow Nest 
Creek, through Portage Lake, to its confluence with the Junjik River; 
then down the Junjik River past Timber Lake and a larger tributary, to a 
major, unnamed tributary, northwesterly, for approximately 6 miles where 
the stream forks into 2 roughly equal drainages; the boundary follows 
the easternmost fork, proceeding almost due north to the headwaters and 
intersects the Continental Divide; the boundary then follows the 
Continental Divide easterly, through Carter Pass, then easterly and 
northeasterly approximately 62 miles along the divide to the head waters 
of the most northerly tributary of Red Sheep Creek then follows 
southerly along the divide designating the eastern extreme of the Red 
Sheep Creek drainage then to the confluence of Red Sheep Creek and the 
East Fork Chandalar River.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30;
    (B) You may take caribou and moose from a boat under power in Unit 
25;
    (C) The taking of bull moose outside the seasons provided in this 
part for food in memorial potlatches and traditional cultural events is 
authorized in Unit 25(D) west provided that:
    (1) The person organizing the religious ceremony or cultural event 
contact the Refuge Manager, Yukon Flats National Wildlife Refuge prior 
to taking or attempting to take bull moose and provide to the Refuge 
Manager the name of the decedent, the nature of the ceremony or cultural 
event, number to be taken, the general area in which the taking will 
occur;
    (2) Each person who takes a bull moose under this section must 
submit a written report to the Refuge Manager, Yukon Flats National 
Wildlife Refuge not more than 15 days after the harvest specifying the 
harvester's name and address, and the date(s) and location(s) of the 
taking(s);
    (3) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in Unit 25(D) west;
    (4) Any moose taken under this provision counts against the annual 
quota of 30 bulls.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear: Unit 25(D)--1 bear....  July 1-June 30.
Caribou:
    Unit 25(C)--that portion south  Aug. 10-Sept. 30.
     and east of the Steese         Nov. 15-Feb. 28.
     Highway--1 bull by joint
     State/Federal registration
     permit only. The fall season
     will close when a combined
     State/Federal harvest of 30
     bulls has been reached. The
     winter season will close when
     the combined fall and winter
     State/Federal harvest quota
     of 150 bulls for the
     Fortymile herd has been
     reached. The season closures
     will be announced by the
     Northern Field Office
     Manager, Bureau of Land
     Management after consultation
     with the National Park
     Service and Alaska Department
     of Fish and Game.
    25(C)--that portion north and   Aug. 10-Sept. 20.
     west of the Steese Highway--1  Feb. 1-Mar. 31.
     caribou; however, only bull
     caribou may be taken during
     the Aug. 10-Sept. 20 season.
     During the winter season,
     caribou may be taken only
     with a Federal registration
     permit. The winter season
     will be closed by
     announcement of the Northern
     Field Office, BLM, when the
     quota of 30 caribou has been
     taken.
    Unit 25 (D)--that portion of    Aug. 10-Sept. 30.
     Unit 25(D) drained by the      Dec. 1-Dec. 31.
     west fork of the Dall River
     west of 150 deg. W. long.--1
     bull.
    Unit 25(A), (B), and the        July 1-Apr. 30.
     remainder of Unit 25(D)--10
     caribou.
Sheep:
    Unit 25(A)--that portion        No open season.
     within the Dalton Highway
     Corridor Management Area.
    Units 25(A)--Arctic Village     Aug. 10-Apr. 30.
     Sheep Management Area--2 rams
     by Federal registration
     permit only. Public lands are
     closed to the taking of sheep
     except by rural Alaska
     residents of Arctic Village,
     Venetie, Fort Yukon,
     Kaktovik, and Chalkytsik
     during seasons identified
     above.
    Unit 25(A)--remainder--3 sheep  Aug. 10-Apr. 30.
     by Federal registration
     permit only.
Moose:

[[Page 829]]

 
    Unit 25(A)--1 antlered bull...  Aug. 25-Sept. 25.
                                    Dec. 1-Dec. 10.
    Unit 25(B)--that portion        Aug. 20-Sept. 30.
     within Yukon Charley National
     Preserve--1 bull.
    Unit 25(B)--that portion        Aug. 25-Sept. 30.
     within the Porcupine River     Dec. 1-Dec. 10.
     drainage upstream from, but
     excluding the Coleen River
     drainage--1 antlered bull.
    Unit 25(B)--that portion,       Sept. 5-Sept. 30.
     other than Yukon Charley       Dec. 1-Dec. 15.
     National Preserve, draining
     into the north bank of the
     Yukon River upstream from and
     including the Kandik River
     drainage, including the
     islands in the Yukon River--1
     antlered bull.
    Unit 25(B)--remainder--1        Aug. 25-Sept. 25.
     antlered bull.                 Dec. 1-Dec. 15.
    Unit 25(C)--1 antlered bull...  Sept. 1-Sept. 15.
    Unit 25(D)(West)--that portion  Aug. 25-Feb. 28.
     lying west of a line
     extending from the Unit 25(D)
     boundary on Preacher Creek,
     then downstream along
     Preacher Creek, Birch Creek
     and Lower Mouth Birch Creek
     to the Yukon River, then
     downstream along the north
     bank of the Yukon River
     (including islands) to the
     confluence of the Hadweenzik
     River, then upstream along
     the west bank of the
     Hadweenzik River to the
     confluence of Forty and One-
     Half Mile Creek, then
     upstream along Forty and One-
     Half Mile Creek to Nelson
     Mountain on the Unit 25(D)
     boundary--1 bull by a Federal
     registration permit.
     Alternate permits allowing
     for designated hunters are
     available to qualified
     applicants who reside in
     Beaver, Birch Creek, or
     Stevens Village. Moose
     hunting on public land in
     this portion of Unit
     25(D)(West) is closed at all
     times except for residents of
     Beaver, Birch Creek, and
     Stevens Village during
     seasons identified above. The
     moose season will be closed
     when 30 moose have been
     harvested in the entirety of
     Unit 25(D)(West).
    Unit 25(D)--remainder--1        Aug. 25-Sept. 25.
     antlered moose.                Dec. 1-Dec. 20.
Beaver:
    Unit 25, excluding Unit 25(C)-- Apr. 16-Oct. 31.
     1 beaver per day; 1 in
     possession.
    Unit 25(C)....................  No Federal open season.
Coyote:
    2 coyotes.....................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black    Sept. 1-Mar. 15.
 and Silver Phases): 10 foxes;
 however, no more than 2 foxes may
 be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx:
    Unit 25(C)--2 lynx............  Dec. 1-Jan. 31.
    Unit 25--remainder--2 lynx....  Nov. 1-Feb. 28.
Wolf:
    Unit 25(A)--No limit..........  Aug. 10-Apr. 30.
    Remainder of Unit 25--10        Aug. 10-Apr. 30.
     wolves.
Wolverine: 1 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and
 Sharp-tailed):
    Unit 25(C)--15 per day, 30 in   Aug. 10-Mar. 31.
     possession.
    Unit 25--remainder--15 per      Aug. 10-Apr. 30.
     day, 30 in possession.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 25(C)--those portions      Aug. 10-Mar. 31.
     within 5 miles of Route 6
     (Steese Highway)--20 per day,
     40 in possession.
    Unit 25--remainder--20 per      Aug. 10-Apr. 30.
     day, 40 in possession.
 
             Trapping
 
Beaver:
    Unit 25(C)--No limit..........  Nov. 1-Apr. 15.
    Unit 25--remainder--50 beaver.  Nov. 1-Apr. 15.
Coyote: No limit..................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black    Nov. 1-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 1-Feb. 28.
Marten: No limit..................  Nov. 1-Feb. 28.
Mink and Weasel: No limit.........  Nov. 1-Feb. 28.
Muskrat: No limit.................  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 1-Mar. 31.
Wolverine:
    Unit 25(C)--No limit..........  Nov. 1-Feb. 28.
    Unit 25--remainder--No limit..  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (26) Unit 26. (i) Unit 26 consists of Arctic Ocean drainages between 
Cape Lisburne and the Alaska-Canada border including the Firth River 
drainage within Alaska:
    (A) Unit 26(A) consists of that portion of Unit 26 lying west of the 
Itkillik River drainage and west of the east bank of the Colville River 
between

[[Page 830]]

the mouth of the Itkillik River and the Arctic Ocean;
    (B) Unit 26(B) consists of that portion of Unit 26 east of Unit 
26(A), west of the west bank of the Canning River and west of the west 
bank of the Marsh Fork of the Canning River;
    (C) Unit 26(C) consists of the remainder of Unit 26.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use of aircraft in any manner for moose hunting, 
including transportation of moose hunters or parts of moose from Aug. 1-
Aug. 31 and from Jan. 1-Mar. 31 in Unit 26(A). No hunter may take or 
transport a moose, or part of a moose in Unit 26(A) after having been 
transported by aircraft into the unit. However, this does not apply to 
transportation of moose hunters or moose parts by regularly scheduled 
flights to and between villages by carriers that normally provide 
scheduled service to this area, nor does it apply to transportation by 
aircraft to or between publicly owned airports;
    (B) You may not use motorized vehicles, except aircraft and boats, 
and licensed highway vehicles, snowmobiles, and firearms in the Dalton 
Highway Corridor Management Area, which consists of those portions of 
Units 20, 24, 25, and 26 extending five miles from each side of the 
Dalton Highway from the Yukon River to milepost 300 of the Dalton 
Highway, except as follows: Residents living within the Dalton Highway 
Corridor Management Area may use snowmobiles only for the subsistence 
taking of wildlife. You may use licensed highway vehicles only on 
designated roads within the Dalton Highway Corridor Management Area. The 
residents of Alatna, Allakaket, Anaktuvuk Pass, Bettles, Evansville, 
Stevens Village, and residents living within the Corridor may use 
firearms within the Corridor;
    (C) You may hunt brown bear by State registration permit in lieu of 
a resident tag in the Northwest Alaska Brown Bear Management Area, which 
consists of Unit 22, except 22(C), those portions of Unit 23, except the 
Baldwin Peninsula north of the Arctic Circle, Unit 24, and Unit 26(A), 
if you have obtained a State registration permit prior to hunting. You 
may not use aircraft in the Northwest Alaska Brown Bear Management Area 
in any manner for brown bear hunting under the authority of a brown bear 
State registration permit, including transportation of hunters, bears or 
parts of bears. However, this does not apply to transportation of bear 
hunters or bear parts by regularly scheduled flights to and between 
communities by carriers that normally provide scheduled service to this 
area, nor does it apply to transportation of aircraft to or between 
publicly owned airports.
    (iii) Unit-specific regulations:
    (A) You may take caribou from a boat under power in Unit 26;
    (B) You may take swimming caribou with a firearm using rimfire 
cartridges;
    (C) In Kaktovik, a Federally-qualified subsistence user (recipient) 
may designate another Federally-qualified subsistence user to take sheep 
on his or her behalf unless the recipient is a member of a community 
operating under a community harvest system. The designated hunter must 
obtain a designated hunter permit and must return a completed harvest 
report. The designated hunter may hunt for any number of recipients but 
may have no more than two harvest limits in his/her possession at any 
one time;
    (D) For the DeLong Mountain sheep hunts--A Federally-qualified 
subsistence user (recipient) may designate another Federally-qualified 
subsistence user to take sheep on his or her behalf unless the recipient 
is a member of a community operating under a community harvest system. 
The designated hunter must obtain a designated hunter permit and must 
return a completed harvest report. The designated hunter may hunt for 
any number of recipients but may have no more than two harvest limits in 
his/her possession at any one time.

------------------------------------------------------------------------
          Harvest limits                         Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears...............  July 1-June 30.
Brown Bear:

[[Page 831]]

 
    Unit 26(A)--1 bear by State     Sept. 1-May 31.
     registration permit.
    Unit 26(B) and (C)--1 bear....  Sept. 1-May 31.
Caribou:
    Unit 26(A)--10 caribou per      July 1-June 30.
     day; however, cow caribou may
     not be taken May 16-June 30.
     Federal lands south of the
     Colville River and east of
     the Killik River are closed
     to the taking of caribou by
     non-Federally qualified
     subsistence users from Aug. 1-
     Sept. 30.
    Unit 26(B)--10 caribou per      July 1-June 30.
     day; however, cow caribou may
     be taken only from Oct. 1-
     Apr. 30.
    Unit 26(C)--10 caribou per day  July 1-Apr. 30.
    You may not transport more
     than 5 caribou per regulatory
     year from Unit 26 except to
     the community of Anaktuvuk
     Pass.
Sheep:
    Unit 26(A) and (B)--(Anaktuvuk  July 15-Dec. 31.
     Pass residents only)--that
     portion within the Gates of
     the Arctic National Park--
     community harvest quota of 60
     sheep, no more than 10 of
     which may be ewes and a daily
     possession limit of 3 sheep
     per person no more than 1 of
     which may be a ewe.
    Unit 26(A)--(excluding          Aug. 1-Apr. 30.
     Anaktuvuk Pass residents)--
     those portions within the
     Gates of the Arctic National
     Park--3 sheep.
    Unit 26(A)--that portion west   Aug. 1-Sept. 30.
     of Howard Pass and the         The season will be closed when half
     Etivluk River (DeLong           of the quota has been harvested in
     Mountains)--1 ram with full     the DeLong Mountains.
     curl or larger horns by
     Federal registration permit.
     The Superintendent of the
     Western Arctic National
     Parklands may issue permits
     for the harvest of up to 10
     full curl rams in the DeLong
     Mountains, Units 23 and
     26(A), based on a quota to be
     announced locally after the
     annual sheep population
     survey is completed.
    Unit 26(A)--that portion west   The season will be closed when the
     of Howard Pass and the          total quota of sheep has been
     Etivluk River (DeLong           harvested in the DeLong Mountains
     Mountains)--1 ram with full     including those harvested during
     curl or larger horns by         the Aug. 1-Sept. 30 season.
     Federal registration permit.
     The Superintendent of the
     Western Arctic National
     Parklands may issue permits
     for the harvest of up to 10
     full curl rams in the DeLong
     Mountains, Units 23 and
     26(A), based on a quota to be
     announced locally after the
     annual sheep population
     survey is completed.
    Unit 26(B)--that portion        Aug. 10-Sept. 20.
     within the Dalton Highway
     Corridor Management Area--1
     ram with 7/8 curl horn or
     larger by Federal
     registration permit only.
    Unit 26(A)--remainder and       Aug. 10-Sept. 20.
     26(B)--remainder--including
     the Gates of the Arctic
     National Preserve--1 ram with
     7/8 curl horn or larger.
    Unit 26(C)--3 sheep per         Aug. 10-Sept. 20
     regulatory year; the Aug. 10-  Oct. 1-Apr. 30.
     Sept. 20 season is restricted
     to 1 ram with 7/8 curl horn
     or larger. A Federal
     registration permit is
     required for the Oct. 1-Apr.
     30 season.
Moose:
    Unit 26(A)--that portion of     Aug. 1-31.
     the Colville River drainage
     downstream from the mouth of
     the Anaktuvuk River--1 bull.
     Federal public lands are
     closed to the taking of moose
     by non-Federally qualified
     subsistence users.
    Unit 26--remainder............  No open season.
Muskox: Unit 26(C)--1 muskox by     Sept. 15-Mar. 31.
 Federal registration permit only;
 12 permits for bulls and 3
 permits for cows may be issued to
 rural Alaska residents of the
 village of Kaktovik only. Public
 lands are closed to the taking of
 muskox, except by rural Alaska
 residents of the village of
 Kaktovik during open seasons.
Coyote: 2 coyotes.................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White         Sept. 1-Apr. 30.
 Phase): 2 foxes.
Fox, Red (including Cross, Black
 and Silver Phases):
    Unit 26(A) and (B)--10 foxes;   Sept. 1-Mar. 15.
     however, no more than 2 foxes
     may be taken prior to Oct. 1.
    Unit 26(C)--10 foxes..........  Nov. 1-Apr. 15.
Hare (Snowshoe and Tundra): No      July 1-June 30.
 limit.
Lynx: 2 lynx......................  Nov. 1-Apr. 15.
Wolf: 15 wolves...................  Aug. 10-Apr. 30.
Wolverine: 5 wolverine............  Sept. 1-Mar. 31.
Grouse (Spruce, Blue, Ruffed, and   Aug. 10-Apr. 30.
 Sharp-tailed): 15 per day, 30 in
 possession.
Ptarmigan (Rock, Willow, and White- Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in
 possession.
 
             Trapping
 
Coyote: No limit..................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White         Nov. 1-Apr. 15.
 Phase): No limit.
Fox, Red (including Cross, Black    Nov. 1-Apr. 15.
 and Silver Phases): No limit.
Lynx: No limit....................  Nov. 1-Apr. 15.
Marten: No limit..................  Nov. 1-Apr. 15.
Mink and Weasel: No limit.........  Nov. 1-Jan. 31.
Muskrat: No limit.................  Nov. 1-June 10.
Otter: No limit...................  Nov. 1-Apr. 15.
Wolf: No limit....................  Nov. 1-Apr. 30.
Wolverine: No limit...............  Nov. 1-Apr. 15.
------------------------------------------------------------------------


[[Page 832]]


[64 FR 35788, July 1, 1999]

    Effective Date Note: At 64 FR 35788, July 1, 1999, Sec. 100.25 was 
added, effective July 1, 1999 through June 30, 2000.



Sec. 100.26  Subsistence taking of fish.

    (a) Applicability. (1) Regulations in this section apply to the 
taking of fish or their parts for subsistence uses.
    (2) You may take fish for subsistence uses at any time by any method 
unless you are restricted by the subsistence fishing regulations found 
in this section. The harvest limit specified in this section for a 
subsistence season for a species and the State harvest limit set for a 
State season for the same species are not cumulative. This means that if 
you have taken the harvest limit for a particular species under a 
subsistence season specified in this section, you may not after that, 
take any additional fish of that species under any other harvest limit 
specified for a State season.
    (b) Definitions. The following definitions shall apply to all 
regulations contained in this section and Sec. 100.27:
    Abalone Iron means a flat device which is used for taking abalone 
and which is more than one inch (24 mm) in width and less than 24 inches 
(610 mm) in length, with all prying edges rounded and smooth.
    ADF&G means the Alaska Department of Fish and Game.
    Anchor means a device used to hold a fishing vessel or net in a 
fixed position relative to the beach; this includes using part of the 
seine or lead, a ship's anchor, or being secured to another vessel or 
net that is anchored.
    Beach seine means a floating net which is designed to surround fish 
and is set from and hauled to the beach.
    Cast net means a circular net with a mesh size of no more than one 
and one-half inches and weights attached to the perimeter which, when 
thrown, surrounds the fish and closes at the bottom when retrieved.
    Char means the following species: Arctic char (Salvelinus alpinis); 
lake trout (Salvelinus namaycush); brook trout (Salvelinus fontinalis), 
and Dolly Varden (Salvelinus malma).
    Crab means the following species: red king crab (Paralithodes 
camshatica); blue king crab (Paralithodes platypus); brown king crab 
(Lithodes aequispina); Lithodes couesi; all species of tanner or snow 
crab (Chionoecetes spp.); and Dungeness crab (Cancer magister).
    Depth of net means the perpendicular distance between cork line and 
lead line expressed as either linear units of measure or as a number of 
meshes, including all of the web of which the net is composed.
    Dip net means a bag-shaped net supported on all sides by a rigid 
frame; the maximum straight-line distance between any two points on the 
net frame, as measured through the net opening, may not exceed five 
feet; the depth of the bag must be at least one-half of the greatest 
straight-line distance, as measured through the net opening; no portion 
of the bag may be constructed of webbing that exceeds a stretched 
measurement of 4.5 inches; the frame must be attached to a single rigid 
handle and be operated by hand.
    Diving Gear means any type of hard hat or skin diving equipment, 
including SCUBA equipment, a tethered, umbilical, surface-supplied, or 
snorkel.
    Drainage means all of the waters comprising a watershed including 
tributary rivers, streams, sloughs, ponds and lakes which contribute to 
the water supply of the watershed.
    Drift gillnet means a drifting gillnet that has not been 
intentionally staked, anchored or otherwise fixed.
    Fishwheel means a fixed, rotating device, with no more than four 
baskets on a single axle, for catching fish which is driven by river 
current or other means.
    Freshwater of streams and rivers means the line at which freshwater 
is separated from saltwater at the mouth of streams and rivers by a line 
drawn between the seaward extremities of the exposed tideland banks at 
the present stage of the tide.
    Fyke net means a fixed, funneling (fyke) device used to entrap fish.
    Gear means any type of fishing apparatus.
    Gillnet means a net primarily designed to catch fish by entanglement 
in a mesh that consists of a single sheet of webbing which hangs between 
cork line and lead line, and which is fished from the surface of the 
water.

[[Page 833]]

    Grappling hook means a hooked device with flukes or claws, which is 
attached to a line and operated by hand.
    Groundfish or bottomfish means any marine fish except halibut, 
osmerids, herring and salmonids.
    Hand purse seine means a floating net which is designed to surround 
fish and which can be closed at the bottom by pursing the lead line; 
pursing may only be done by hand power, and a free-running line through 
one or more rings attached to the lead line is not allowed.
    Handline means a hand-held and operated line, with one or more hooks 
attached.
    Harvest limit means the maximum legal take per person or designated 
group, per specified time period, in the area in which the person is 
fishing, even if part or all of the fish are preserved. A fish, when 
landed and killed becomes part of the harvest limit of the person 
originally hooking it.
    Herring pound means an enclosure used primarily to contain live 
herring over extended periods of time.
    Household means a person or persons having the same residence.
    Hung measure means the maximum length of the cork line when measured 
wet or dry with traction applied at one end only.
    Hydraulic clam digger means a device using water or a combination of 
air and water to remove clams from their environment.
    Jigging gear means a line or lines with lures or baited hooks, drawn 
through the water by hand, and which are operated during periods of ice 
cover from holes cut in the ice, or from shore ice and which are drawn 
through the water by hand.
    Lead means either a length of net employed for guiding fish into a 
seine, set gillnet, or other length of net, or a length of fencing 
employed for guiding fish into a fishwheel, fyke net or dip net.
    Legal limit of fishing gear means the maximum aggregate of a single 
type of fishing gear permitted to be used by one individual or boat, or 
combination of boats in any particular regulatory area, district or 
section.
    Long line means either a stationary, buoyed, or anchored line, or a 
floating, free-drifting line with lures or baited hooks attached.
    Mechanical clam digger means a mechanical device used or capable of 
being used for the taking of clams.
    Mechanical jigging machine means a mechanical device with line and 
hooks used to jig for halibut and bottomfish, but does not include hand 
gurdies or rods with reels.
    Mile means a nautical mile when used in reference to marine waters 
or a statute mile when used in reference to fresh water.
    Possession limit means the maximum number of fish a person or 
designated group may have in possession if the fish have not been 
canned, salted, frozen, smoked, dried, or otherwise preserved so as to 
be fit for human consumption after a 15 day period.
    Pot means a portable structure designed and constructed to capture 
and retain live fish and shellfish in the water.
    Purse seine means a floating net which is designed to surround fish 
and which can be closed at the bottom by means of a free-running line 
through one or more rings attached to the lead line.
    Ring net means a bag-shaped net suspended between no more than two 
frames; the bottom frame may not be larger in perimeter than the top 
frame; the gear must be nonrigid and collapsible so that free movement 
of fish or shellfish across the top of the net is not prohibited when 
the net is employed.
    Rockfish means all species of the genus Sebastes.
    Rod and reel means either a device upon which a line is stored on a 
fixed or revolving spool and is deployed through guides mounted on a 
flexible pole, or a line that is attached to a pole.
    Salmon means the following species: pink salmon (Oncorhynchus 
gorbuscha); sockeye salmon (Oncorhynchus nerka); chinook salmon 
(Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); and chum 
salmon (Oncorhynchus keta).
    Salmon stream means any stream used by salmon for spawning or for 
traveling to a spawning area.

[[Page 834]]

    Salmon stream terminus means a line drawn between the seaward 
extremities of the exposed tideland banks of any salmon stream at mean 
lower low water.
    Scallop dredge means a dredge-like device designed specifically for 
and capable of taking scallops by being towed along the ocean floor.
    Sea urchin rake means a hand-held implement, no longer than four 
feet, equipped with projecting prongs used to gather sea urchins.
    Set gillnet means a gillnet that has been intentionally set, staked, 
anchored, or otherwise fixed.
    Shovel means a hand-operated implement for digging clams or cockles.
    Spear means a shaft with a sharp point or fork-like implement 
attached to one end which is used to thrust through the water to impale 
or retrieve fish and which is operated by hand.
    Stretched measure means the average length of any series of 10 
consecutive meshes measured from inside the first knot and including the 
last knot when wet; the 10 meshes, when being measured, shall be an 
integral part of the net, as hung, and measured perpendicular to the 
selvages; measurements shall be made by means of a metal tape measure 
while the 10 meshes being measured are suspended vertically from a 
single peg or nail, under five-pound weight.
    Subsistence fishing permit means a permit issued by the Alaska 
Department of Fish and Game, unless specifically identified otherwise.
    To operate fishing gear means any of the following: to deploy gear 
in the water; to remove gear from the water; to remove fish or shellfish 
from the gear during an open season or period; or to possess a gillnet 
containing fish during an open fishing period, except that a gillnet 
which is completely clear of the water is not considered to be operating 
for the purposes of minimum distance requirement.
    Trawl means a bag-shaped net towed through the water to capture fish 
or shellfish, and includes beam, otter, or pelagic trawl.
    Troll gear means a power gurdy troll gear consisting of a line or 
lines with lures or baited hooks which are drawn through the water by a 
power gurdy; hand troll gear consisting of a line or lines with lures or 
baited hooks which are drawn through the water from a vessel by hand 
trolling, strip fishing or other types of trolling, and which are 
retrieved by hand power or hand-powered crank and not by any type of 
electrical, hydraulic, mechanical or other assisting device or 
attachment; or dinglebar troll gear consisting of one or more lines, 
retrieved and set with a troll gurdy or hand troll gurdy, with a 
terminally attached weight from which one or more leaders with one or 
more lures or baited hooks are pulled through the water while a vessel 
is making way.
    Trout means the following species: cutthroat trout (Oncorhynchus 
clarki) and rainbow trout or steelhead trout (Oncorhynchus mykiss).
    (c) Methods, means, and general restrictions. (1) Unless otherwise 
specified in this section or under terms of a required subsistence 
fishing permit, you may use the following legal types of gear for 
subsistence fishing:
    (i) A set gillnet;
    (ii) A drift gillnet;
    (iii) A purse seine;
    (iv) A hand purse seine;
    (v) A beach seine;
    (vi) Troll gear;
    (vii) A fish wheel;
    (viii) A trawl;
    (ix) A pot;
    (x) A ring net;
    (xi) A longline;
    (xii) A fyke net;
    (xiii) A lead;
    (xiv) A herring pound;
    (xv) A dip net;
    (xvi) Jigging gear;
    (xvii) A mechanical jigging machine;
    (xviii) A handline;
    (xix) A shovel;
    (xx) A mechanical clam digger;
    (xxi) A hydraulic clam digger;
    (xxii) An abalone iron;
    (xxiii) A scallop dredge;
    (xxiv) A grappling hook;
    (xxv) A sea urchin rake;
    (xxvi) Diving gear;
    (xxvii) A cast net;
    (xxviii) A handline;
    (xxix) A rod and reel; and
    (xxx) A spear.
    (2) You must include an escape mechanism on all pots used to take 
fish or

[[Page 835]]

shellfish. The escape mechanisms are as follows:
    (i) A sidewall, which may include the tunnel, of all shellfish and 
bottomfish pots must contain an opening equal to or exceeding 18 inches 
in length, except that in shrimp pots the opening must be a minimum of 
six inches in length. The opening must be laced, sewn, or secured 
together by a single length of untreated, 100 percent cotton twine, no 
larger than 30 thread. The cotton twine may be knotted at each end only. 
The opening must be within six inches of the bottom of the pot and must 
be parallel with it. The cotton twine may not be tied or looped around 
the web bars. Dungeness crab pots may have the pot lid tie-down straps 
secured to the pot at one end by a single loop of untreated, 100 percent 
cotton twine no larger than 60 thread, or the pot lid must be secured so 
that, when the twine degrades, the lid will no longer be securely 
closed;
    (ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish and 
bottomfish pots may, instead of complying with (i) of this paragraph, 
satisfy the following: a sidewall, which may include the tunnel, must 
contain an opening at least 18 inches in length, except that shrimp pots 
must contain an opening at least six inches in length. The opening must 
be laced, sewn, or secured together by a single length of treated or 
untreated twine, no larger than 36 thread. A galvanic timed release 
device, designed to release in no more than 30 days in salt water, must 
be integral to the length of twine so that, when the device releases, 
the twine will no longer secure or obstruct the opening of the pot. The 
twine may be knotted only at each end and at the attachment points on 
the galvanic timed release device. The opening must be within six inches 
of the bottom of the pot and must be parallel with it. The twine may not 
be tied or looped around the web bars.
    (3) For subsistence fishing for salmon, you may not use a gillnet 
exceeding 50 fathoms in length, unless otherwise specified in this 
section. The gillnet web must contain at least 30 filaments of equal 
diameter or at least 6 filaments, each of which must be at least 0.20 
millimeter in diameter.
    (4) You may not obstruct more than one-half the width of any stream 
with any gear used to take fish for subsistence uses. You may not 
obstruct more than one-half the width of any stream with any stationary 
fishing.
    (5) You may not use live non-indigenous fish as bait.
    (6) You must have your first initial, last name, and address plainly 
and legibly inscribed on the side of your fishwheel facing midstream of 
the river.
    (7) You may use kegs or buoys of any color but red on any permitted 
gear.
    (8) You must have your first initial, last name, and address plainly 
and legibly inscribed on each keg, buoy, stakes attached to gillnets, 
stakes identifying gear fished under the ice, and any other unattended 
fishing gear which you use to take fish for subsistence uses.
    (9) You may not use explosives or chemicals to take fish for 
subsistence uses.
    (10) You may not take fish for subsistence uses within 300 feet of 
any dam, fish ladder, weir, culvert or other artificial obstruction, 
unless otherwise indicated.
    (11) The limited exchange for cash of subsistence-harvested fish, 
their parts, or their eggs, legally taken under Federal subsistence 
management regulations to support personal and family needs is permitted 
as customary trade, so long as it does not constitute a significant 
commercial enterprise. The Board may recognize regional differences and 
define customary trade differently for separate regions of the State.
    (12) Individuals, businesses, or organizations may not purchase 
subsistence-taken fish, their parts, or their eggs for use in, or resale 
to, a significant commercial enterprise.
    (13) Individuals, businesses, or organizations may not receive 
through barter subsistence-taken fish, their parts or their eggs for use 
in, or resale to, a significant commercial enterprise.
    (14) Except as provided elsewhere in this section, you may not take 
rainbow trout or steelhead trout.
    (15) You may not use as bait for commercial or sport fishing 
purposes fish

[[Page 836]]

taken for subsistence use or under subsistence regulations.
    (16) You may not accumulate harvest limits authorized in this 
section or Sec. 100.27 with harvest limits authorized under State 
regulations.
    (17) Unless specified otherwise in this section, you may use a rod 
and reel to take fish without a subsistence fishing permit. Harvest 
limits applicable to the use of a rod and reel to take fish for 
subsistence uses shall be as follows:
    (i) If you are required to obtain a subsistence fishing permit for 
an area, that permit is required to take fish for subsistence uses with 
rod and reel in that area. The harvest and possessions limits for taking 
fish with a rod and reel in those areas are the same as indicated on the 
permit issued for subsistence fishing with other gear types;
    (ii) If you are not required to obtain a subsistence fishing permit 
for an area, the harvest and possession limits for taking fish for 
subsistence uses with a rod and reel is the same as for taking fish 
under State of Alaska subsistence fishing regulations in those same 
areas. If the State does not have a specific subsistence season for that 
particular species, the limit shall be the same as for taking fish under 
State of Alaska sport fishing regulations.
    (18) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, you may take fish for 
subsistence uses at any time.
    (19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other 
purposes, whitefish, herring, and species for which bag limits, seasons, 
or other regulatory methods and means are not provided in this section, 
as well as the head, tail, fins, and viscera of legally-taken 
subsistence fish.
    (d) Fishing by designated harvest permit. (1) Any species of fish 
that may be taken by subsistence fishing under this part may be taken 
under a designated harvest permit.
    (2) If you are a Federally-qualified subsistence user, you 
(beneficiary) may designate another Federally-qualified subsistence user 
to take fish on your behalf. The designated fisherman must obtain a 
designated harvest permit prior to attempting to harvest fish and must 
return a completed harvest report. The designated fisherman may fish for 
any number of beneficiaries but may have no more than two harvest limits 
in his/her possession at any one time.
    (3) The designated fisherman must have in possession a valid 
designated fishing permit when taking, attempting to take, or 
transporting fish taken under this section, on behalf of a beneficiary.
    (4) The designated fisherman may not fish with more than one legal 
limit of gear.
    (5) You may not designate more than one person to take or attempt to 
take fish on your behalf at one time. You may not personally take or 
attempt to take fish at the same time that a designated fisherman is 
taking or attempting to take fish on your behalf.
    (e) Fishing permits and reports. (1) You may take salmon only under 
the authority of a subsistence fishing permit, unless a permit is 
specifically not required in a particular area by the subsistence 
regulations in this part, or unless you are retaining salmon from your 
commercial catch consistent with paragraph (f) of this section.
    (2) If a subsistence fishing permit is required by this section, the 
following permit conditions apply unless otherwise specified in this 
section:
    (i) You may not take more fish for subsistence use than the limits 
set out in the permit;
    (ii) You must obtain the permit prior to fishing;
    (iii) You must have the permit in your possession and readily 
available for inspection while fishing or transporting subsistence-taken 
fish;
    (iv) If specified on the permit, you shall keep accurate daily 
records of the catch, showing the number of fish taken by species, 
location and date of catch, and other such information as may be 
required for management or conservation purposes; and
    (v) If the return of catch information necessary for management and 
conservation purposes is required by a fishing permit and you fail to 
comply with such reporting requirements, you are ineligible to receive a 
subsistence

[[Page 837]]

permit for that activity during the following calendar year, unless you 
demonstrate that failure to report was due to loss in the mail, 
accident, sickness, or other unavoidable circumstances.
    (f) Relation to commercial fishing activities. (1) If you are a 
Federally-qualified subsistence user who also commercial fishes, you may 
retain fish for subsistence purposes from your lawfully-taken commercial 
catch.
    (2) When participating in a commercial and subsistence fishery at 
the same time, you may not use an amount of combined fishing gear in 
excess of that allowed under the appropriate commercial fishing 
regulations.
    (g) You may not possess, transport, give, receive or barter 
subsistence-taken fish or their parts which have been taken contrary to 
Federal law or regulation or State law or regulation (unless superseded 
by regulations in this part).
    (h) [Reserved]
    (i) Fishery management area restrictions. (1) Kotzebue Area. The 
Kotzebue Area includes all waters of Alaska between the latitude of the 
westernmost tip of Point Hope and the latitude of the westernmost tip of 
Cape Prince of Wales, including those waters draining into the Chukchi 
Sea.
    (i) You may take fish for subsistence purposes without a permit.
    (ii) You may take salmon only by gillnets, beach seines, or a rod 
and reel.
    (iii) In the Kotzebue District, you may take sheefish with gillnets 
that are not more than 50 fathoms in length, nor more than 12 meshes in 
depth, nor have a mesh size larger than 7 inches.
    (iv) You may not subsistence fish for char from June 1 through 
September 20, in the Noatak River one mile upstream and one mile 
downstream from the mouth of the Kelly River, and in the Kelly River 
from its mouth to \1/4\ mile upstream.
    (2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence 
Area includes all waters of Alaska between the latitude of the 
westernmost tip of Cape Prince of Wales and the latitude of Canal Point 
light, including those waters of Alaska surrounding St. Lawrence Island 
and those waters draining into the Bering Sea.
    (i) In the Port Clarence District, you may take fish at any time 
except as specified by emergency regulation.
    (ii) In the Norton Sound District, you may take fish at any time 
except as follows:
    (A) In Subdistricts 2 through 6, if you are a commercial fishermen, 
you may not fish for subsistence purposes during the weekly closures of 
the commercial salmon fishing season, except that from July 15 through 
August 1, you may take salmon for subsistence purposes seven days per 
week in the Unalakleet and Shaktoolik River drainages with gillnets 
which have a mesh size that does not exceed 4\1/2\ inches, and with 
beach seines;
    (B) In the Unalakleet River from June 1 through July 15, you may 
take salmon only from 8:00 a.m. Monday until 8:00 p.m. Saturday;
    (C) In Subdistricts 1-3, you may take salmon other than chum salmon 
by beach seine during periods established by emergency regulations.
    (iii) You may take salmon only by gillnets, beach seines, fishwheel, 
or a rod and reel.
    (iv) You may take fish other than salmon by set gillnet, drift 
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging 
gear, spear, lead, or a rod and reel.
    (v) In the Unalakleet River from June 1 through July 15, you may not 
operate more than 25 fathoms of gillnet in the aggregate nor may you 
operate an unanchored fishing net.
    (vi) You may take fish for subsistence purposes without a 
subsistence fishing permit except that a subsistence fishing permit is 
required in the Norton Sound District: for net fishing in all waters 
from Cape Douglas to Rocky Point.
    (vii) Only one subsistence fishing permit will be issued to each 
household per year.
    (3) Yukon-Northern Area. The Yukon-Northern Area includes all waters 
of Alaska between the latitude of Canal Point Light and the latitude of 
the westernmost point of the Naskonat Peninsula, including those waters 
draining into the Bering Sea, and all waters of Alaska north of the 
latitude of the westernmost tip of Point Hope and west of 141 deg. W. 
long., including those

[[Page 838]]

waters draining into the Arctic Ocean and the Chukchi Sea.
    (i) Unless otherwise restricted in this section, you may take salmon 
in the Yukon-Northern Area at any time.
    (ii) In the following locations, you may take salmon only during the 
open weekly fishing periods of the commercial salmon fishing season and 
may not take them for 24 hours before the opening of the commercial 
salmon fishing season:
    (A) District 4, excluding the Koyukuk River drainage;
    (B) in Subdistricts 4-B and 4-C from June 15 through September 30, 
salmon may be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and 
from 6:00 p.m. Wednesday until 6:00 p.m. Friday;
    (C) District 6, excluding the Kantishna River drainage, salmon may 
be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.
    (iii) During any commercial salmon fishing season closure of greater 
than five days in duration, you may not take salmon during the following 
periods in the following districts:
    (A) In District 4, excluding the Koyukuk River drainage, salmon may 
not be taken from 6:00 p.m. Friday until 6:00 p.m. Sunday;
    (B) In District 5, excluding the Tozitna River drainage and 
Subdistrict 5-D, salmon may not be taken from 6:00 p.m. Sunday until 
6:00 p.m. Tuesday.
    (iv) Except as provided in this section, and except as may be 
provided by the terms of a subsistence fishing permit, you may take fish 
other than salmon at any time.
    (v) In Districts 1, 2, 3, and Subdistrict 4-A, excluding the Koyukuk 
and Innoko River drainages, you may not take salmon for subsistence 
purposes during the 24 hours immediately before the opening of the 
commercial salmon fishing season.
    (vi) In Districts 1, 2, and 3:
    (A) After the opening of the commercial salmon fishing season 
through July 15, you may not take salmon for subsistence for 18 hours 
immediately before, during, and for 12 hours after each commercial 
salmon fishing period;
    (B) After July 15, you may not take salmon for subsistence for 12 
hours immediately before, during, and for 12 hours after each commercial 
salmon fishing period.
    (vii) In Subdistrict 4-A after the opening of the commercial salmon 
fishing season, you may not take salmon for subsistence for 12 hours 
immediately before, during, and for 12 hours after each commercial 
salmon fishing period; however, you may take king salmon during the 
commercial fishing season, with drift gillnet gear only, from 6:00 p.m. 
Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. Wednesday until 6:00 
p.m. Friday.
    (viii) In the upper Yukon River drainage, you may not subsistence 
fish in Birch Creek and waters within 500 feet of its mouth, except that 
you may take whitefish and suckers under the authority of a subsistence 
fishing permit.
    (ix) You may not subsistence fish in the following drainages located 
north of the main Yukon River:
    (A) Kanuti River upstream from a point five miles downstream of the 
state highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks; and (D) North 
Fork of the Chandalar River system upstream from the mouth of Quartz 
Creek.
    (x) You may not subsistence fish in the Delta River.
    (xi) You may not subsistence fish in the following rivers and creeks 
and within 500 feet of their mouths: Big Salt River, Hess Creek, and 
Beaver Creek.
    (xii) You may not subsistence fish in the Deadman, Jan, Fielding, 
and Two-Mile Lakes.
    (xiii) You may not subsistence fish in the Toklat River drainage 
from August 15 through May 15.
    (xiv) You may take salmon only by gillnet, beach seine, fish wheel, 
or rod and reel, subject to the restrictions set forth in this section.
    (xv) In District 4, if you are a commercial fisherman, you may not 
take salmon for subsistence purposes during the commercial salmon 
fishing season using gillnets with mesh larger than six-inches after a 
date specified by ADF&G emergency order issued between July 10 and July 
31.

[[Page 839]]

    (xvi) In Districts 4, 5, and 6, you may not take salmon for 
subsistence purposes by drift gillnets, except as follows:
    (A) In Subdistrict 4-A upstream from the mouth of Stink Creek, you 
may take king salmon by drift gillnets less than 150 feet in length from 
June 10 through July 14, and chum salmon by drift gillnets after August 
2;
    (B) In Subdistrict 4-A downstream from the mouth of Stink Creek, you 
may take king salmon by drift gillnets less than 150 feet in length from 
June 10 through July 14.
    (xvii) Unless otherwise specified in this section, you may take fish 
other than salmon and halibut by set gillnet, drift gillnet, beach 
seine, fish wheel, long line, fyke net, dip net, jigging gear, spear, 
lead, or rod and reel, subject to the following restrictions, which also 
apply to subsistence salmon fishing:
    (A) During the open weekly fishing periods of the commercial salmon 
fishing season, if you are a commercial fisherman, you may not operate 
more than one type of gear at a time, for commercial, personal use, and 
subsistence purposes;
    (B) You may not use an aggregate length of set gillnet in excess of 
150 fathoms and each drift gillnet may not exceed 50 fathoms in length; 
and
    (C) In Districts 4, 5, and 6, you may not set subsistence fishing 
gear within 200 feet of other operating commercial, personal use, or 
subsistence fishing gear except that, at the site approximately one mile 
upstream from Ruby on the south bank of the Yukon River between ADF&G 
regulatory markers containing the area known locally as the ``Slide,'' 
you may set subsistence fishing gear within 200 feet of other operating 
commercial or subsistence fishing gear and in District 4, from Old 
Paradise Village upstream to a point four miles upstream from Anvik, 
there is no minimum distance requirement between fish wheels.
    (xviii) During the commercial salmon fishing season, within the 
Yukon River and the Tanana River below the confluence of the Wood River, 
you may use drift gillnets and fish wheels only during open subsistence 
salmon fishing periods.
    (xix) In District 4, from September 21 through May 15, you may use 
jigging gear from shore ice.
    (xx) Except as provided in this section, you may take fish for 
subsistence purposes without a subsistence fishing permit.
    (xxi) You must possess a subsistence fishing permit for the 
following locations:
    (A) For the Yukon River drainage from the mouth of Hess Creek to the 
mouth of the Dall River;
    (B) For the Yukon River drainage from the upstream mouth of 22 Mile 
Slough to the U.S.-Canada border;
    (C) For whitefish and suckers in Birch Creek and within 500 feet of 
its mouth;
    (D) For the Tanana River drainage above the mouth of the Wood River.
    (xxii) Only one subsistence fishing permit will be issued to each 
household per year.
    (xxiii) In Districts 1, 2, and 3, you may not possess king salmon 
taken for subsistence purposes unless the dorsal fin has been removed 
immediately after landing.
    (xxiv) If you are a commercial salmon fisherman who is registered 
for District 1, 2, or 3, you may not take salmon for subsistence 
purposes in any other district located downstream from Old Paradise 
Village.
    (4) Kuskokwim Area. The Kuskokwim Area consists of all waters of 
Alaska between the latitude of the westernmost point of Naskonat 
Peninsula and the latitude of the southernmost tip of Cape Newenham, 
including the waters of Alaska surrounding Nunivak and St. Matthew 
Islands and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Kuskokwim Area at any time without a subsistence fishing permit.
    (ii) In District 1 and in those waters of the Kuskokwim River 
between Districts 1 and 2, excluding the Kuskokuak Slough, you may not 
take salmon for 16 hours before, during, and for six hours after, each 
open commercial salmon fishing period for District 1.
    (iii) In District 1, Kuskokuak Slough only from June 1 through July 
31, you

[[Page 840]]

may not take salmon for 16 hours before and during each open commercial 
salmon fishing period in the district.
    (iv) In Districts 4 and 5, from June 1 through September 8, you may 
not take salmon for 16 hours before, during, and 6 hours after each open 
commercial salmon fishing period in each district.
    (v) In District 2, and anywhere in tributaries that flow into the 
Kuskokwim River within that district, from June 1 through September 8 
you may not take salmon for 16 hours before, during, and six hours after 
each open commercial salmon fishing period in the district.
    (vi) You may not take subsistence fish by nets in the Goodnews River 
east of a line between ADF&G regulatory markers placed near the mouth of 
the Ufigag River and an ADF&G regulatory marker placed near the mouth of 
the Tunulik River 16 hours before, during, and six hours after each open 
commercial salmon fishing period.
    (vii) You may not take subsistence fish by nets in the Kanektok 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before, during, and six hours after each open commercial salmon 
fishing period.
    (viii) You may not take subsistence fish by nets in the Arolik River 
upstream of ADF&G regulatory markers placed near the mouth 16 hours 
before, during, and six hours after each open commercial salmon fishing 
period.
    (ix) You may take salmon only by gillnet, beach seine, fish wheel, 
or rod and reel subject to the restrictions set out in this section, 
except that you may also take salmon by spear in the Holitna, Kanektok, 
and Arolik River drainages, and in the drainage of Goodnews Bay.
    (x) You may not use an aggregate length of set gillnets or drift 
gillnets in excess of 50 fathoms for taking salmon.
    (xi) You may take fish other than salmon by set gillnet, drift 
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net, 
jigging gear, spear, lead, or rod and reel.
    (xii) You must attach to the bank each subsistence gillnet operated 
in tributaries of the Kuskokwim River and fish it substantially 
perpendicular to the bank and in a substantially straight line.
    (xiii) Within a tributary to the Kuskokwim River in that portion of 
the Kuskokwim River drainage from the north end of Eek Island upstream 
to the mouth of the Kolmakoff River, you may not set or operate any part 
of a set gillnet within 150 feet of any part of another set gillnet.
    (xiv) The maximum depth of gillnets is as follows:
    (A) Gillnets with six-inch or smaller mesh may not be more than 45 
meshes in depth;
    (B) Gillnets with greater than six-inch mesh may not be more than 35 
meshes in depth.
    (xv) You may take halibut only by a single hand-held line with no 
more than two hooks attached to it.
    (xvi) You may not use subsistence set and drift gillnets exceeding 
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You 
may not operate more than one subsistence set or drift gillnet at a time 
in Whitefish Lake in the Ophir Creek drainage. You must check the net at 
least once every 24 hours.
    (xvii) Rainbow trout may be taken by residents of Goodnews Bay, 
Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak, subject to the 
following restrictions:
    (A) You may take rainbow trout only by the use of gillnets, rod and 
reel, or jigging through the ice;
    (B) You may not use gillnets for taking rainbow trout from March 15-
June 15;
    (C) If you take rainbow trout incidentally in other subsistence net 
fisheries and through the ice, you may retain them for subsistence 
purposes.
    (5) Bristol Bay Area. The Bristol Bay Area includes all waters of 
Bristol Bay including drainages enclosed by a line from Cape Newenham to 
Cape Menshikof.
    (i) Unless restricted in this section, or unless under the terms of 
a subsistence fishing permit, you may take fish at any time in the 
Bristol Bay area.
    (ii) In all commercial salmon districts, from May 1 through May 31 
and October 1 through October 31, you may subsistence fish for salmon 
only from 9:00 a.m. Monday until 9:00 a.m. Friday.

[[Page 841]]

From June 1 through September 30, within the waters of a commercial 
salmon district, you may take salmon only during open commercial salmon 
fishing periods.
    (iii) In the Egegik River from 9:00 a.m. June 23 through 9:00 a.m. 
July 17, you may take salmon only from 9:00 a.m. Tuesday to 9:00 a.m. 
Wednesday and 9:00 a.m. Saturday to 9:00 a.m. Sunday.
    (iv) You may not take fish from waters within 300 feet of a stream 
mouth used by salmon.
    (v) You may not subsistence fish with nets in the Tazimina River and 
within one-fourth mile of the terminus of those waters during the period 
from September 1 through June 14.
    (vi) Within any district, you may take salmon, herring, and capelin 
only by drift and set gillnets.
    (vii) Outside the boundaries of any district, you may take salmon 
only by set gillnet, except that you may also take salmon as follows:
    (A) By spear in the Togiak River excluding its tributaries;
    (B) From August 30 through September 30, by spear, dip net, and 
gillnet along a 100 yard length of the west shore of Naknek Lake near 
the outlet to the Naknek River as marked by ADF&G regulatory markers;
    (C) From August 15 through September 15, by spear, dip net, and 
gillnet at Johnny's Lake on the northwestern side of Naknek Lake;
    (D) From October 1 through November 15, by spear, dip net, and 
gillnet at the mouth of Brooks River at Naknek Lake;
    (E) At locations and times specified in paragraphs (i)(5)(vii) (B) 
through (D) of this section, gillnets may not exceed five fathoms in 
length and may not be anchored or tied to a stake or peg, and you must 
be present at the net while fishing the net.
    (viii) The maximum lengths for set gillnets used to take salmon are 
as follows:
    (A) You may not use set gillnets exceeding 10 fathoms in length in 
the Egegik, River;
    (B) In the remaining waters of the area, you may not use set 
gillnets exceeding 25 fathoms in length.
    (ix) You may not operate any part of a set gillnet within 300 feet 
of any part of another set gillnet.
    (x) You must stake and buoy each set gillnet. Instead of having the 
identifying information on a keg or buoy attached to the gillnet, you 
may plainly and legibly inscribe your first initial, last name, and 
subsistence permit number on a sign at or near the set gillnet.
    (xi) You may not operate or assist in operating subsistence salmon 
net gear while simultaneously operating or assisting in operating 
commercial salmon net gear.
    (xii) During closed commercial herring fishing periods, you may not 
use gillnets exceeding 25 fathoms in length for the subsistence taking 
of herring or capelin.
    (xiii) You may take fish other than salmon, herring, capelin, and 
halibut by gear listed in this part unless restricted under the terms of 
a subsistence fishing permit.
    (xiv) You may take salmon and char only under authority of a 
subsistence fishing permit.
    (xv) Only one subsistence fishing permit may be issued to each 
household per year.
    (xvi) After August 20, you may not possess coho salmon for 
subsistence purposes in the Togiak River section and the Togiak River 
drainage unless the head has been immediately removed from the salmon.
    (6) Aleutian Islands Area. The Aleutian Islands Area includes all 
waters of Alaska west of the longitude of the tip of Cape Sarichef, east 
of 172 deg. East longitude, and south of 54 deg. 36' North latitude.
    (i) You may take fish, other than salmon, rainbow trout, and 
steelhead trout, at any time unless restricted under the terms of a 
subsistence fishing permit. If you take rainbow trout and steelhead 
trout incidentally in other subsistence net fisheries, you may retain 
them for subsistence purposes.
    (ii) In the Unalaska District, you may take salmon for subsistence 
purposes from 6:00 a.m. until 9:00 p.m. from January 1 through December 
31, except:

[[Page 842]]

    (A) That from June 1 through September 15, you may not use a salmon 
seine vessel to take salmon for subsistence 24 hours before, during, or 
24 hours after an open commercial salmon fishing period within a 50-mile 
radius of the area open to commercial salmon fishing;
    (B) That from June 1 through September 15, you may use a purse seine 
vessel to take salmon only with a gillnet and you may not have any other 
type of salmon gear on board the vessel while subsistence fishing; or
    (C) As may be specified on a subsistence fishing permit.
    (iii) In the Adak, Akutan, Atka-Amilia, and Umnak Districts, you may 
take salmon at any time.
    (iv) You may not subsistence fish for salmon in the following 
waters:
    (A) The waters between Unalaska and Amaknak Islands, including 
Margaret's Bay, west of a line from the ``Bishop's House'' at 
53 deg.52.64' N. lat., 166 deg.32.30' W. long. to a point on Amaknak 
Island at 53 deg.52.82' N. lat., 166 deg.32.13' W. long., and north of 
line from a point south of Agnes Beach at 53 deg.52.28' N. lat., 
166 deg.32.68' W. long. to a point at 53 deg.52.35' N. lat., 
166 deg.32.95' W. long. on Amaknak Island;
    (B) Within Unalaska Bay south of a line from the northern tip of 
Cape Cheerful to the northern tip of Kalekta Point, waters within 250 
yards of any anadromous stream, except the outlet stream of Unalaska 
Lake, which is closed under paragraph (i)(6)(iv)(A) of this section;
    (C) Waters in Reese Bay from July 1 through July 9, within 500 yards 
of the outlet stream terminus to McLees Lake;
    (D) All freshwater on Adak Island and Kagalaska Island in the Adak 
District.
    (v) You may take salmon by seine and gillnet, or with gear specified 
on a subsistence fishing permit.
    (vi) In the Unalaska District, if you fish with a net, you must be 
physically present at the net at all times when the net is being used.
    (vii) You may take fish other than salmon by gear listed in this 
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take salmon, trout and char only under the terms of a 
subsistence fishing permit, except that you do not require a permit in 
the Akutan, Umnak and Atka-Amlia Islands Districts.
    (ix) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit, except 
that in the Unalaska and Adak Districts, you may take no more than 25 
salmon plus an additional 25 salmon for each member of your household 
listed on the permit. You may obtain an additional permit.
    (x) You must keep a record on the reverse side of the permit of 
subsistence-caught fish. You must complete the record immediately upon 
taking subsistence-caught fish and must return it no later than October 
31.
    (xi) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. You may not possess sport-taken and 
subsistence-taken halibut on the same day.
    (7) Alaska Peninsula Area. The Alaska Peninsula Area includes all 
Pacific Ocean waters of Alaska between a line extending southeast 
(135 deg.) from the tip of Kupreanof Point and the longitude of the tip 
of Cape Sarichef, and all Bering Sea waters of Alaska east of the 
latitude of the tip of Cape Menshikof.
    (i) You may take fish, other than salmon, rainbow trout, and 
steelhead trout, at any time unless restricted under the terms of a 
subsistence fishing permit. If you take rainbow trout and steelhead 
trout incidentally in other subsistence net fisheries or through the 
ice, you may retain them for subsistence purposes.
    (ii) You may take salmon, trout and char only under the authority of 
a subsistence fishing permit.
    (iii) You must keep a record on the reverse side of the permit of 
subsistence-caught fish. You must complete the record immediately upon 
taking subsistence-caught fish and must return it no later than October 
31.
    (iv) You may take salmon at any time except within 24 hours before 
and within 12 hours following each open weekly commercial salmon fishing 
period within a 50-mile radius of the area open to commercial salmon 
fishing, or

[[Page 843]]

as may be specified on a subsistence fishing permit.
    (v) You may not subsistence fish for salmon in the following waters:
    (A) Russell Creek and Nurse Lagoon and within 500 yards outside the 
mouth of Nurse Lagoon;
    (B) Trout Creek and within 500 yards outside its mouth.
    (vi) You may take salmon by seine, gillnet, rod and reel, or with 
gear specified on a subsistence fishing permit.
    (vii) You may take fish other than salmon by gear listed in this 
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may not use a set gillnet exceeding 100 fathoms in 
length.
    (ix) You may take halibut for subsistence purposes only by a single 
handheld line with no more than two hooks attached.
    (x) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on your subsistence fishing permit.
    (xi) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. No person may possess sport-taken and 
subsistence-taken halibut on the same day.
    (8) Chignik Area. The Chignik Area includes all waters of Alaska on 
the south side of the Alaska Peninsula enclosed by 156 deg.20.22' West 
longitude (the longitude of the southern entrance to Imuya Bay near 
Kilokak Rocks) and a line extending southeast (135 deg.) from the tip of 
Kupreanof Point.
    (i) You may take fish, other than rainbow trout and steelhead trout, 
at any time, except as may be specified by a subsistence fishing permit. 
If you take rainbow trout and steelhead trout incidentally in other 
subsistence net fisheries, you may retain them for subsistence purposes.
    (ii) You may not take salmon in the Chignik River, upstream from the 
ADF&G weir site or counting tower, in Black Lake, or any tributary to 
Black and Chignik Lakes.
    (iii) You may take salmon, trout and char only under the authority 
of a subsistence fishing permit.
    (iv) You must keep a record on the reverse side of the permit of 
subsistence-caught fish. You must complete the record immediately upon 
taking subsistence-caught fish and must return it no later than October 
31.
    (v) If you hold a commercial fishing license, you may not 
subsistence fish for salmon from 48 hours before the first commercial 
salmon fishing opening in the Chignik Area through September 30.
    (vi) You may take salmon by seines, gillnets, rod and reel, or with 
gear specified on a subsistence fishing permit, except that in Chignik 
Lake you may not use purse seines.
    (vii) You may take fish other than salmon by gear listed in this 
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take halibut for subsistence purposes only by a 
single handheld line with no more than two hooks attached.
    (ix) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit.
    (x) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. No person may possess sport-taken and 
subsistence-taken halibut on the same day.
    (9) Kodiak Area. The Kodiak Area includes all waters of Alaska south 
of a line extending east from Cape Douglas (58 deg. 51.10' N. lat.), 
west of 150 deg. W. long., north of 55 deg.30.00' N. lat.; and east of 
the longitude of the southern entrance of Imuya Bay near Kilokak Rocks 
(156 deg.20.22' W. long.).
    (i) You may take fish, other than salmon, rainbow trout and 
steelhead trout, at any time unless restricted by the terms of a 
subsistence fishing permit. If you take rainbow trout and steelhead 
trout incidentally in other subsistence net fisheries, you may retain 
them for subsistence purposes.
    (ii) You may take salmon for subsistence purposes 24 hours a day 
from January 1 through December 31, with the following exceptions:
    (A) From June 1 through September 15, you may not use salmon seine 
vessels to take subsistence salmon for 24 hours before, during, and for 
24 hours after any open commercial salmon fishing period;
    (B) From June 1 through September 15, you may use purse seine 
vessels to take salmon only with gillnets and you

[[Page 844]]

may have no other type of salmon gear on board the vessel.
    (iii) You may not subsistence fish for salmon in the following 
locations:
    (A) All waters closed to commercial salmon fishing in the Chiniak 
Bay and all waters closed to commercial salmon fishing within 100 yards 
of the terminus of Selief Bay Creek and north and west of a line from 
the tip of Last Point to the tip of River Mouth Point in Afognak Bay;
    (B) From August 15 through September 30, all waters 500 yards 
seaward of the terminus of Little Kitoi Creek;
    (C) All freshwater systems of Afognak Island.
    (iv) You must have a subsistence fishing permit for taking salmon, 
trout, and char for subsistence purposes. You must have a subsistence 
fishing permit for taking herring and bottomfish for subsistence 
purposes during the commercial herring sac roe season from April 15 
through June 30.
    (v) With a subsistence salmon fishing permit you may take 25 salmon 
plus an additional 25 salmon for each member of your household whose 
names are listed on the permit. You may obtain an additional permit if 
you can show that more fish are needed.
    (vi) You must keep a record of the number of subsistence fish taken 
each year. You must record on the reverse side of the permit the number 
of subsistence fish taken. You must complete the record immediately upon 
landing subsistence-caught fish, and must return it by February 1 of the 
year following the year the permit was issued.
    (vii) You may take fish other than salmon and halibut by gear listed 
in this part unless restricted under the terms of a subsistence fishing 
permit.
    (viii) You may take salmon only by gillnet, rod and reel, or seine.
    (ix) You must be physically present at the net when the net is being 
fished.
    (x) You may take halibut only by a single hand-held line with not 
more than two hooks attached to it.
    (xi) The daily bag limit for halibut is two fish and the possession 
limit is two daily bag limits. You may not possess sport-taken and 
subsistence-taken halibut on the same day.
    (10) Cook Inlet Area. The Cook Inlet Area includes all waters of 
Alaska enclosed by a line extending east from Cape Douglas 
(58 deg.51'06" N. lat.) and a line extending south from Cape Fairfield 
(148 deg.50'15" W. long.).
    (i) Unless restricted in this section, or unless restricted under 
the terms of a subsistence fishing permit, you may take fish, other than 
rainbow trout and steelhead trout, at any time in the Cook Inlet Area. 
If you take rainbow trout and steelhead trout incidentally in other 
subsistence net fisheries or through the ice, you may retain them for 
subsistence purposes.
    (ii) You may not take salmon, Dolly Varden, trout, grayling, char, 
and burbot for subsistence purposes.
    (iii) You may only take smelt with dip nets or gillnets in fresh 
water from April 1 through June 15. You may not use a gillnet exceeding 
20 feet in length and two inches in mesh size. You must attend the net 
at all times when it is being used. There are no harvest or possession 
limits for smelt.
    (iv) You may take fish by gear listed in this part unless restricted 
in this section or under the terms of a subsistence fishing permit.
    (11) Prince William Sound Area. The Prince William Sound Area 
includes all waters of Alaska between the longitude of Cape Fairfield 
and the longitude of Cape Suckling.
    (i) Unless restricted in this section or unless restricted under the 
terms of a subsistence fishing permit, you may take fish, other than 
rainbow trout and steelhead trout, at any time in the Prince William 
Sound Area.
    (ii) You may take salmon in the Upper Copper River District only as 
follows:
    (A) In the Glennallen Subdistrict, from June 1 through September 30;
    (B) You may not take salmon in the Chitina Subdistrict.
    (iii) You may take salmon, other than chinook salmon, in the 
vicinity of the former Native village of Batzulnetas only under the 
authority of a Batzulnetas subsistence salmon fishing permit issued by 
ADF&G and under the following conditions:
    (A) You may take salmon only in those waters of the Copper River 
between ADF&G regulatory markers located near the mouth of Tanada Creek

[[Page 845]]

and approximately one-half mile downstream from that mouth and in Tanada 
Creek between ADF&G regulatory markers identifying the open waters of 
the creek;
    (B) You may use only fish wheels and dip nets on the Copper River 
and only dip nets and spears in Tanada Creek;
    (C) You may take salmon only from June 1 through September 1 or 
until the season is closed by emergency regulation; fishing periods are 
to be established by emergency regulation and are two days per week 
during the month of June and 3.5 days per week for the remainder of the 
season;
    (D) You must release chinook salmon to the water unharmed; you must 
equip your fish wheel with a livebox or monitor it at all times;
    (E) You must return the permit no later than September 30.
    (iv) You may take salmon for subsistence purposes with no bag or 
possession limits in those waters of the Southwestern District and along 
the northwestern shore of Green Island from the westernmost tip of the 
island to the northernmost tip, only as follows:
    (A) You may use seines up to 50 fathoms in length and 100 meshes 
deep with a maximum mesh size of four inches, or gillnets up to 150 
fathoms in length, except that you may take pink salmon only in fresh 
water using dip nets;
    (B) You may take salmon only from May 15 until two days before the 
commercial opening of the Southwestern District, seven days per week; 
during the commercial salmon fishing season, only during open commercial 
salmon fishing periods; and from two days following the closure of the 
commercial salmon season until September 30, seven days per week;
    (C) You may not fish within the closed waters areas for commercial 
salmon fisheries.
    (v) You may take salmon for subsistence purposes with no bag or 
possession limits in those waters north of a line from Porcupine Point 
to Granite Point, and south of a line from Point Lowe to Tongue Point, 
only as follows:
    (A) You may use seines up to 50 fathoms in length and 100 meshes 
deep with a maximum mesh size of four inches, or gillnets up to 150 
fathoms in length with a maximum mesh size of six and one-quarter 
inches, except that you may only take pink salmon in fresh water using 
dip nets;
    (B) You may take salmon only from May 15 until two days before the 
commercial opening of the Eastern District, seven days per week during 
the commercial salmon fishing season, only during open commercial salmon 
fishing periods; and from two days following the closure of the 
commercial salmon season until October 31, seven days per week;
    (C) You may not fish within the closed waters areas for commercial 
salmon fisheries.
    (vi) If you take rainbow trout and steelhead trout incidentally in 
other subsistence net fisheries, you may retain them for subsistence 
purposes.
    (vii) You may take herring spawn on kelp for subsistence purposes 
from above water from March 15 through June 15 and underwater using dive 
gear only during open periods for the wild herring spawn-on-kelp 
commercial fishery.
    (viii) You may not take salmon in the tributaries of the Copper 
River and waters of the Copper River not in the Upper Copper River 
District.
    (ix) You may take fish by gear listed in this part unless restricted 
in this section or under the terms of a subsistence fishing permit.
    (x) You may take salmon only by the following types of gear:
    (A) In the Glennallen Subdistrict by fish wheels, rod and reel, or 
dip nets; and
    (B) In salt water by gillnets and seines.
    (xi) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain. You must register your fish 
wheel with ADF&G. Your registration number and name and address must be 
permanently affixed and plainly visible on the fish wheel when the fish 
wheel is in the water; only the current year's registration number may 
be affixed to the fish wheel; you must remove any other registration 
number from the fish wheel. You must remove the fish wheel from the 
water at the end of the permit period. You may operate only one fish 
wheel at any one time. You may not

[[Page 846]]

set or operate a fish wheel within 75 feet of another fish wheel. No 
fish wheel may have more than two baskets. A wood or metal plate at 
least 12 inches high by 12 inches wide, bearing your name and address in 
letters and numerals at least one inch high, must be attached to each 
fish wheel so that the name and address are plainly visible.
    (xii) You must personally operate the fish wheel or dip net. You may 
not loan or transfer a subsistence fish wheel or dip net permit except 
as permitted.
    (xiii) You may take halibut only by a single hand-held line with not 
more than two hooks attached to it.
    (xiv) You may take herring spawn on kelp only by a hand-held 
unpowered blade-cutting device. You must cut kelp plant blades at least 
four inches above the stipe (stem). The provisions of this paragraph do 
not apply to Fucus species.
    (xv) Except as provided in this section, you may take fish other 
than salmon and freshwater fish species for subsistence purposes without 
a subsistence fishing permit.
    (xvi) You may take salmon and freshwater fish species only under 
authority of a subsistence fishing permit.
    (xvii) Only one subsistence fishing permit will be issued to each 
household per year.
    (xviii) The following apply to Upper Copper River District 
subsistence salmon fishing permits:
    (A) Only one type of gear may be specified on a permit;
    (B) Only one permit per year may be issued to a household;
    (C) You must return your permit no later than October 31, or you may 
be denied a permit for the following year;
    (D) If your household has a Chitina Subdistrict personal use salmon 
fishing permit, you will not be issued a Copper River subsistence salmon 
fishing permit;
    (E) A fish wheel may be operated only by one permit holder at one 
time; that permit holder must have the fish wheel marked as required by 
this section and during fishing operations;
    (F) Only the permit holder and the authorized member of the 
household listed on the subsistence permit may take salmon;
    (G) A permit holder must record on ADF&G forms all salmon taken 
immediately after landing the salmon.
    (xix) The total annual possession limit for an Upper Copper River 
District subsistence salmon fishing permit is as follows:
    (A) For a household with one person, 30 salmon, of which no more 
than 5 may be chinook salmon if taken by dip net;
    (B) For a household with two persons, 60 salmon, of which no more 
than five may be chinook salmon if taken by dip net; plus 10 salmon for 
each additional person in a household over 2, except that the 
household's limit for chinook salmon taken by dip net does not increase;
    (C) upon request, permits for additional salmon will be issued for 
no more than a total of 200 salmon for a permit issued to a household 
with one person, of which no more than 5 may be chinook salmon if taken 
by dip net; or no more than a total of 500 salmon for a permit issued to 
a household with 2 or more persons, of which no more than 5 may be 
chinook salmon if taken by dip net.
    (xx) A subsistence fishing permit may be issued to a village 
council, or other similarly qualified organization whose members operate 
fish wheels for subsistence purposes in the Upper Copper River District, 
to operate fish wheels on behalf of members of its village or 
organization. A permit may only be issued following approval by ADF&G of 
a harvest assessment plan to be administered by the permitted council or 
organization. The harvest assessment plan must include: provisions for 
recording daily catches for each fish wheel; sample data collection 
forms; location and number of fish wheels; the full legal name of the 
individual responsible for the lawful operation of each fish wheel; and 
other information determined to be necessary for effective resource 
management. The following additional provisions apply to subsistence 
fishing permits issued under this paragraph (i)(11)(xx):
    (A) The permit will list all households and household members for 
whom the fish wheel is being operated;
    (B) The allowable harvest may not exceed the combined seasonal 
limits

[[Page 847]]

for the households listed on the permit; the permittee will notify the 
department when households are added to the list, and the seasonal limit 
may be adjusted accordingly;
    (C) Members of households listed on a permit issued to a village 
council or other similarly qualified organization, are not eligible for 
a separate household subsistence fishing permit for the Upper Copper 
River District.
    (xxi) You may not possess salmon taken under the authority of an 
Upper Copper River District subsistence fishing permit unless both lobes 
of the caudal (tail) fin have been immediately removed from the salmon.
    (xxii) In locations open to commercial salmon fishing other than 
described for the Upper Copper River District, the annual subsistence 
salmon limit is as follows:
    (A) 15 salmon for a household of one person;
    (B) 30 salmon for a household of two persons and 10 salmon for each 
additional person in a household;
    (C) No more than five king salmon may be taken per permit.
    (xxiii) The daily bag limit for halibut is two fish and the 
possession limit is two daily bag limits. You may not possess sport-
taken and subsistence-taken halibut on the same day.
    (12) Yakutat Area. The Yakutat Area includes all waters of Alaska 
between the longitude of Cape Suckling and the longitude of Cape 
Fairweather.
    (i) Unless restricted in this section or unless restricted under the 
terms of a subsistence fishing permit, you may take fish at any time in 
the Yakutat Area.
    (ii) You may not take salmon during the period commencing 48 hours 
before an opening until 48 hours after the closure of an open commercial 
salmon net fishing season. This applies to each river or bay fishery 
individually.
    (iii) When the length of the weekly commercial salmon net fishing 
period exceeds two days in any Yakutat Area salmon net fishery, the 
subsistence fishing period is from 6:00 a.m. to 6:00 p.m. on Saturday in 
that location.
    (iv) You may take salmon, steelhead trout in the Situk and Ahrnklin 
Rivers, other trout and char only under authority of a subsistence 
fishing permit.
    (v) If you take salmon, trout, or char incidentally by gear operated 
under the terms of a subsistence permit for salmon, you may retain them 
for subsistence purposes. You must report any salmon, trout, or char 
taken in this manner on your permit calendar.
    (vi) You may take fish by gear listed in this part unless restricted 
in this section or under the terms of a subsistence fishing permit.
    (vii) In the Situk River, each subsistence salmon fishing permit 
holder shall attend his or her gill net at all times when it is being 
used to take salmon.
    (viii) You may block up to two-thirds of a stream with a gillnet or 
seine used for subsistence fishing.
    (ix) You must remove the dorsal fin from subsistence-caught salmon 
when taken.
    (x) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (13) Southeastern Alaska Area. The Southeastern Alaska Area includes 
all waters between a line projecting southwest from the westernmost tip 
of Cape Fairweather and Dixon Entrance.
    (i) Unless restricted in this section or under the terms of a 
subsistence fishing permit, you may take fish, other than rainbow trout 
and steelhead trout, in the Southeastern Alaska Area at any time.
    (ii) You may take herring at any time, except that in the 72 hours 
before and 72 hours after an open commercial herring fishing period in 
the Southeastern Alaska Area, a vessel that, or crew member or permit 
holder who, participates in that commercial herring fishery opening may 
not take or possess herring in any district in the Southeastern Alaska 
Area.
    (iii) From July 7 through July 31, you may take sockeye salmon in 
the waters of the Klawock River, and Klawock Lake only from 8:00 a.m. 
Monday until 5:00 p.m. Friday.
    (iv) You must possess a subsistence fishing permit to take salmon, 
trout, or char.
    (v) Permits will not be issued for the taking of chinook or coho 
salmon, but if you take chinook or coho salmon incidentally with gear 
operated under

[[Page 848]]

terms of a subsistence permit for other salmon, they may be kept for 
subsistence purposes. You must report any chinook or coho salmon taken 
in this manner on your permit calendar.
    (vi) If you take salmon, trout, or char incidentally with gear 
operated under terms of a subsistence permit for other salmon, they may 
be kept for subsistence purposes. You must report any salmon, trout, or 
char taken in this manner on your permit calendar.
    (vii) No permits for the use of nets will be issued for the salmon 
streams flowing across or adjacent to the road systems of Petersburg, 
Wrangell, and Sitka
    (viii) You shall immediately remove the pelvic fins of all salmon 
when taken.
    (ix) You may not possess subsistence-taken and sport-taken salmon on 
the same day.

[64 FR 1302, Jan. 8, 1999]

    Effective Date Note: At 64 FR 1302, Jan. 8, 1999, Sec. 100.26 was 
revised, effective Oct. 1, 1999 through Feb. 29, 2001. At 64 FR 35821, 
July 1, 1999, the effective dates were corrected to Oct. 1, 1999 through 
Feb. 28, 2001.



Sec. 100.27  Subsistence taking of shellfish.

    (a) Regulations in this section apply to subsistence taking of 
Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and 
other shellfish or their parts.
    (b) You may take shellfish for subsistence uses at any time in any 
area of the public lands by any method unless restricted by the 
subsistence fishing regulations of Sec. 100.26 or this section.
    (c) Methods, means, and general restrictions. (1) The harvest limit 
specified in this section for a subsistence season for a species and the 
State harvest limit set for a State season for the same species are not 
cumulative. This means that if you have taken the harvest limit for a 
particular species under a subsistence season specified in this section, 
you may not after that, take any additional shellfish of that species 
under any other harvest limit specified for a State season.
    (2) Unless otherwise provided in this section, you may use gear as 
specified in the definitions of Sec. 100.26 for subsistence taking of 
shellfish.
    (3) You are prohibited from buying or selling subsistence-taken 
shellfish, their parts, or their eggs, unless otherwise specified.
    (4) You may not use explosives and chemicals, except that you may 
use chemical baits or lures to attract shellfish.
    (5) Marking requirements for subsistence shellfish gear are as 
follows:
    (i) You shall plainly and legibly inscribe your first initial, last 
name, and address on a keg or buoy attached to unattended subsistence 
fishing gear, except when fishing through the ice, you may substitute 
for the keg or buoy, a stake inscribed with your first initial, last 
name, and address inserted in the ice near the hole; subsistence fishing 
gear may not display a permanent ADF&G vessel license number;
    (ii) kegs or buoys attached to subsistence crab pots also must be 
inscribed with the name or United States Coast Guard number of the 
vessel used to operate the pots.
    (6) Pots used for subsistence fishing must comply with the escape 
mechanism requirements found in Sec. 100.26.
    (7) You may not mutilate or otherwise disfigure a crab in any manner 
which would prevent determination of the minimum size restrictions until 
the crab has been processed or prepared for consumption.
    (d) Taking shellfish by designated harvest permit. (1) Any species 
of shellfish that may be taken by subsistence fishing under this part 
may be taken under a designated harvest permit.
    (2) If you are a Federally-qualified subsistence user (beneficiary), 
you may designate another Federally-qualified subsistence user to take 
shellfish on your behalf. The designated fisherman must obtain a 
designated harvest permit prior to attempting to harvest shellfish and 
must return a completed harvest report. The designated fisherman may 
harvest for any number of beneficiaries but may have no more than two 
harvest limits in his/her possession at any one time.
    (3) The designated fisherman must have in possession a valid 
designated harvest permit when taking, attempting to take, or 
transporting shellfish taken under this section, on behalf of a 
beneficiary.

[[Page 849]]

    (4) a person may not fish with more than one legal limit of gear as 
established by this section.
    (5) You may not designate more than one person to take or attempt to 
take shellfish on your behalf at one time. You may not personally take 
or attempt to take shellfish at the same time that a designated 
fisherman is taking or attempting to take shellfish on your behalf.
    (e) If a subsistence shellfishing permit is required by this 
section, the following conditions apply unless otherwise specified by 
the subsistence shellfishing regulations this section:
    (1) You may not take shellfish for subsistence in excess of the 
limits set out in the permit;
    (2) You must obtain a permit prior to subsistence fishing;
    (3) You must have the permit in your possession and readily 
available for inspection while taking or transporting the species for 
which the permit is issued;
    (4) The permit may designate the species and numbers of shellfish to 
be harvested, time and area of fishing, the type and amount of fishing 
gear and other conditions necessary for management or conservation 
purposes;
    (5) If specified on the permit, you shall keep accurate daily 
records of the catch involved, showing the number of shellfish taken by 
species, location and date of the catch and such other information as 
may be required for management or conservation purposes;
    (6) Subsistence fishing reports must be completed and submitted at a 
time specified for each particular area and fishery;
    (7) If the return of catch information necessary for management and 
conservation purposes is required by a subsistence fishing permit and 
you fail to comply with such reporting requirements, you are ineligible 
to receive a subsistence permit for that activity during the following 
calendar year, unless you demonstrate that failure to report was due to 
loss in the mail, accident, sickness or other unavoidable circumstances.
    (f) Subsistence take by commercial vessels. No fishing vessel which 
is commercially licensed and registered for shrimp pot, shrimp trawl, 
king crab, Tanner crab, or Dungeness crab fishing may be used for 
subsistence take during the period starting 14 days before an opening 
until 14 days after the closure of a respective open season in the area 
or areas for which the vessel is registered. However, if you are a 
commercial fisherman, you may retain shellfish for your own use from 
your lawfully taken commercial catch.
    (g) You may not take or possess shellfish smaller than the minimum 
legal size limits.
    (h) Unlawful possession of subsistence shellfish. You may not 
possess, transport, give, receive or barter shellfish or their parts 
taken in violation of Federal or State regulations.
    (i)(1) An owner, operator, or employee of a lodge, charter vessel, 
or other enterprise that furnishes food, lodging, or guide services may 
not furnish to a client or guest of that enterprise, shellfish that has 
been taken under this chapter, unless:
    (i) the shellfish has been taken with gear deployed and retrieved by 
the client or guest;
    (ii) the gear has been marked with the client's or guest's name and 
address; and
    (iii) the shellfish is to be consumed by the client or guest or is 
consumed in the presence of the client or guest.
    (2) The captain and crewmembers of a charter vessel may not deploy, 
set, or retrieve their own gear in a subsistence shellfish fishery when 
that vessel is being chartered.
    (j) Subsistence shellfish areas and pertinent restrictions. (1) 
Southeastern Alaska-Yakutat Area. No marine waters under jurisdiction 
for Federal subsistence management.
    (2) Prince William Sound Area. No marine waters under jurisdiction 
for Federal subsistence management.
    (3) Cook Inlet Area. You may not take shellfish for subsistence 
purposes.
    (4) Kodiak Area. (i) You may take crab for subsistence purposes only 
under the authority of a subsistence crab fishing permit issued by the 
ADF&G.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
before subsistence shrimp fishing during a

[[Page 850]]

closed commercial shrimp fishing season or within a closed commercial 
shrimp fishing district, section or subsection. The permit shall specify 
the area and the date the vessel operator intends to fish. No more than 
500 pounds (227 kg) of shrimp may be in possession aboard the vessel.
    (iii) The daily harvest and possession limit is 12 male Dungeness 
crab per person; only male Dungeness crab with a shell width of six and 
one-half inches or greater may be taken or possessed. Taking of 
Dungeness crab is prohibited in water 25 fathoms or more in depth during 
the 14 days immediately before the opening of a commercial king or 
Tanner crab fishing season in the location.
    (iv) In the subsistence taking of king crab:
    (A) The annual limit is six crabs per household; only male king crab 
may be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) You may not use more than five crab pots, each being no more 
than 75 cubic feet in capacity to take king crab;
    (D) You may take king crab only from June 1-January 31, except that 
the subsistence taking of king crab is prohibited in waters 25 fathoms 
or greater in depth during the period 14 days before and 14 days after 
open commercial fishing seasons for red king crab, blue king crab, or 
Tanner crab in the location;
    (E) The waters of the Pacific Ocean enclosed by the boundaries of 
Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on 
either side of the mouth of the Karluk River, and extending seaward 
3,000 feet, and all waters within 1,500 feet seaward of the shoreline of 
Afognak Island are closed to the harvest of king crab except by 
Federally-qualified subsistence users.
    (v) In the subsistence taking of Tanner crab:
    (A) You may not use more than five crab pots to take Tanner crab;
    (B) You may not take Tanner crab in waters 25 fathoms or greater in 
depth during the 14 days immediately before the opening of a commercial 
king or Tanner crab fishing season in the location;
    (C) The daily harvest and possession limit is 12 male crab with a 
shell width five and one-half inches or greater per person.
    (5) Alaska Peninsula-Aleutian Islands Area. (i) The operator of a 
commercially licensed and registered shrimp fishing vessel must obtain a 
subsistence fishing permit from the ADF&G prior to subsistence shrimp 
fishing during a closed commercial shrimp fishing season or within a 
closed commercial shrimp fishing district, section, or subsection; the 
permit shall specify the area and the date the vessel operator intends 
to fish; no more than 500 pounds (227 kg) of shrimp may be in possession 
aboard the vessel.
    (ii) The daily harvest and possession limit is 12 male Dungeness 
crab per person; only crabs with a shell width of five and one-half 
inches or greater may be taken or possessed.
    (iii) In the subsistence taking of king crab:
    (A) The daily harvest and possession limit is six male crab per 
person; only crabs with a shell width of six and one-half inches or 
greater may be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) You may take crabs only from June 1-January 31.
    (iv) The daily harvest and possession limit is 12 male Tanner crab 
per person; only crabs with a shell width of five and one-half inches or 
greater may be taken or possessed.
    (6) Bering Sea Area. (i) In that portion of the area north of the 
latitude of Cape Newenham, shellfish may only be taken by shovel, 
jigging gear, pots and ring net.
    (ii) The operator of a commercially licensed and registered shrimp 
fishing vessel must obtain a subsistence fishing permit from the ADF&G 
prior to subsistence shrimp fishing during a closed commercial shrimp 
fishing season or within a closed commercial

[[Page 851]]

shrimp fishing district, section or subsection; the permit shall specify 
the area and the date the vessel operator intends to fish; no more than 
500 pounds (227 kg) of shrimp may be in possession aboard the vessel.
    (iii) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male Dungeness crab per person.
    (iv) In the subsistence taking of king crab:
    (A) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is six male crab per person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a two-week period shall have all bait and bait 
containers removed and all doors secured fully open;
    (C) In waters south of 60 deg. N. lat., you may take crab only from 
June 1-January 31;
    (D) In the Norton Sound Section of the Northern District, you must 
have a subsistence permit.
    (v) In waters south of 60 deg. N. lat., the daily harvest and 
possession limit is 12 male Tanner crab.

[64 FR 1311, Jan. 8, 1999]

    Effective Date Note: At 64 FR 1311, Jan. 8, 1999, Sec. 100.27 was 
revised, effective Oct. 1, 1999 through Feb. 29, 2001. At 64 FR 35821, 
July 1, 1999, the effective dates were corrected to Oct. 1, 1999 through 
Feb. 28, 2001.

                        PARTS 101-199 [RESERVED]

   Appendix A to Chapter I--Codes for the Representation of Names of 
      Countries (Established by the International Organization for 
                            Standardization)

------------------------------------------------------------------------
                  Country                           2-Letter code
------------------------------------------------------------------------
Afghanistan...............................  AF.
Albania...................................  AL.
Algeria...................................  DZ.
Angola....................................  AO.
Argentina.................................  AR.
Australia.................................  AU.
Austria...................................  AT.
Bahamas...................................  BS.
Bahrain...................................  BH.
Bangladesh................................  BD.
Barbados..................................  BB.
Belgium...................................  BE.
Benin.....................................  BJ.
Bhutan....................................  BT.
Bolivia...................................  BO.
Botswana..................................  BW.
Brazil....................................  BR.
Bulgaria..................................  BG.
Burma.....................................  BU.
Burundi...................................  BI.
Canada....................................  CA.
Cape Verde................................  CV.
Central African Empire....................  CF.
Chad......................................  TD.
Chile.....................................  CL.
China.....................................  CN.
Colombia..................................  CO.
Comoros...................................  KM.
Congo.....................................  CG.
Costa Rica................................  CR.
Cuba......................................  CU.
Cyprus....................................  CY.
Czechoslovakia............................  CS.
Democratic Kampuchea......................  KH.
Democratic People's Republic of Korea.....  KP.
Democratic Yemen..........................  YD.
Denmark...................................  DK.
Djibouti..................................  DJ.
Dominica..................................  DM.
Dominican Republic........................  DO.
Ecuador...................................  EC.
Egypt.....................................  EG.
El Salvador...............................  SV.
Equatorial Guinea.........................  GQ.
Ethiopia..................................  ET.
Fiji......................................  FJ.
Finland...................................  FI.
France....................................  FR.
Gabon.....................................  GA.
Gambia....................................  GM.
German Democratic Republic................  DD.
Germany, Federal Republic of..............  DE.
Ghana.....................................  GH.
Greece....................................  GR.
Grenada...................................  GD.
Guatemala.................................  GT.
Guinea....................................  GN.
Guinea-Bissau.............................  GW.
Guyana....................................  GY.
Haiti.....................................  HT.
Holy See..................................  VA.
Honduras..................................  HN.
Hungary...................................  HU.
Iceland...................................  IS.
India.....................................  IN.
Indonesia.................................  ID.
Iran......................................  IR.
Iraq......................................  IQ.
Ireland...................................  IE.
Israel....................................  IL.
Italy.....................................  IT.
Ivory Coast...............................  CI.
Jamaica...................................  JM.
Japan.....................................  JP.
Jordan....................................  JO.
Kenya.....................................  KE.
Kiribati..................................  KI.
Kuwait....................................  KW.
Lao People's Democratic Republic..........  LA.
Lebanon...................................  LB.
Lesotho...................................  LS.
Liberia...................................  LR.
Libyan Arab Jamahiriya....................  LY.
Liechtenstein.............................  LI.
Luxembourg................................  LU.
Madagascar................................  MG.
Malawi....................................  MW.
Malaysia..................................  MY.
Maldives..................................  MV.
Mali......................................  ML.
Malta.....................................  MT.

[[Page 852]]

 
Mauritania................................  MR.
Mauritius.................................  MU.
Mexico....................................  MX.
Monaco....................................  MC.
Mongolia..................................  MN.
Morocco...................................  MA.
Mozambique................................  MZ.
Nauru.....................................  NR.
Nepal.....................................  NP.
Netherlands...............................  NL.
New Zealand...............................  NZ.
Nicaragua.................................  NI.
Niger.....................................  NE.
Nigeria...................................  NG.
Norway....................................  NO.
Oman......................................  OM.
Pakistan..................................  PK.
Panama....................................  PA.
Papua New Guinea..........................  PG.
Paraguay..................................  PY.
Peru......................................  PE.
Philippines...............................  PH.
Poland....................................  PL.
Portugal..................................  PT.
Qatar.....................................  QA.
Republic of Korea.........................  KR.
Romania...................................  RO.
Rwanda....................................  RW.
Saint Lucia...............................  LC.
Samoa.....................................  WS.
San Marino................................  SM.
Sao Tome and Principe.....................  ST.
Saudi Arabia..............................  SA.
Senegal...................................  SN.
Seychelles................................  SC.
Sierra Leone..............................  SL.
Singapore.................................  SG.
Solomon Islands...........................  SB.
Somalia...................................  SO.
South Africa..............................  ZA.
Spain.....................................  ES.
Sri Lanka.................................  LK.
Sudan.....................................  SD.
Suriname..................................  SR.
Swaziland.................................  SZ.
Sweden....................................  SE.
Switzerland...............................  CH.
Syrian Arab Republic......................  SY.
Thailand..................................  TH.
Togo......................................  TG.
Tonga.....................................  TO.
Trinidad and Tobago.......................  TT.
Tunisia...................................  TN.
Turkey....................................  TR.
Tuvalu....................................  TV.
Uganda....................................  UG.
Union of Soviet Socialist Republics.......  SU.
United Arab Emirates......................  AE.
United Kingdom of Great Britain and         GB.
 Northern Ireland.
United Republic of Cameroon...............  CM.
United Republic of Tanzania...............  TZ.
United States of America..................  US.
Upper Volta...............................  HV.
Uruguay...................................  UY.
Vanuatu...................................  VU.
Venezuela.................................  VE.
Viet Nam..................................  VN.
Yemen.....................................  YE.
Yugoslavia................................  YU.
Zaire.....................................  ZR.
Zambia....................................  ZM.
Zimbabwe..................................  ZW.
------------------------------------------------------------------------


[47 FR 31388, July 20, 1982]


[[Page 853]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 855]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 1999)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


50 CFR (PARTS 1-199)

UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
                                                                  50 CFR


INTERNATIONAL AIR TRANSPORT ASSOCIATION

  2000 Peel St., Montreal, Quebec, Canada H3A 2R4
Live Animal Regulations, 20th Edition, October 1,                 14.106
  1993.



[[Page 857]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 1999)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
        IV  Miscellaneous Agencies (Parts 400--500)

                          Title 2--[Reserved]

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  General Accounting Office (Parts 1--99)
        II  Federal Claims Collection Standards (General 
                Accounting Office--Department of Justice) (Parts 
                100--299)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
       VII  Advisory Commission on Intergovernmental Relations 
                (Parts 1700--1799)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Part 2100)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
        XV  Office of Administration, Executive Office of the 
                President (Parts 2500--2599)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Part 3201)

[[Page 858]]

     XXIII  Department of Energy (Part 3301)
      XXIV  Federal Energy Regulatory Commission (Part 3401)
       XXV  Department of the Interior (Part 3501)
      XXVI  Department of Defense (Part 3601)
    XXVIII  Department of Justice (Part 3801)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  Overseas Private Investment Corporation (Part 4301)
      XXXV  Office of Personnel Management (Part 4501)
        XL  Interstate Commerce Commission (Part 5001)
       XLI  Commodity Futures Trading Commission (Part 5101)
      XLII  Department of Labor (Part 5201)
     XLIII  National Science Foundation (Part 5301)
       XLV  Department of Health and Human Services (Part 5501)
      XLVI  Postal Rate Commission (Part 5601)
     XLVII  Federal Trade Commission (Part 5701)
    XLVIII  Nuclear Regulatory Commission (Part 5801)
         L  Department of Transportation (Part 6001)
       LII  Export-Import Bank of the United States (Part 6201)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Part 6401)
      LVII  General Services Administration (Part 6701)
     LVIII  Board of Governors of the Federal Reserve System (Part 
                6801)
       LIX  National Aeronautics and Space Administration (Part 
                6901)
        LX  United States Postal Service (Part 7001)
       LXI  National Labor Relations Board (Part 7101)
      LXII  Equal Employment Opportunity Commission (Part 7201)
     LXIII  Inter-American Foundation (Part 7301)
       LXV  Department of Housing and Urban Development (Part 
                7501)
      LXVI  National Archives and Records Administration (Part 
                7601)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
     LXXIV  Federal Mine Safety and Health Review Commission (Part 
                8401)
     LXXVI  Federal Retirement Thrift Investment Board (Part 8601)
    LXXVII  Office of Management and Budget (Part 8701)

                          Title 6--[Reserved]


[[Page 859]]



                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Grain Inspection, Packers and Stockyards 
                Administration (Federal Grain Inspection Service), 
                Department of Agriculture (Parts 800--899)
        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
      XIII  Northeast Dairy Compact Commission (Parts 1300--1399)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  Rural Telephone Bank, Department of Agriculture (Parts 
                1600--1699)
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy, Department of Agriculture (Parts 
                2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)

[[Page 860]]

     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  Cooperative State Research, Education, and Extension 
                Service, Department of Agriculture (Parts 3400--
                3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

                    Title 8--Aliens and Nationality

         I  Immigration and Naturalization Service, Department of 
                Justice (Parts 1--599)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Grain Inspection, Packers and Stockyards 
                Administration (Packers and Stockyards Programs), 
                Department of Agriculture (Parts 200--299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)

[[Page 861]]

        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  Office of Thrift Supervision, Department of the 
                Treasury (Parts 500--599)
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  Federal Housing Finance Board (Parts 900--999)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--499)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)

[[Page 862]]

       VII  Bureau of Export Administration, Department of 
                Commerce (Parts 700--799)
      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  United States Customs Service, Department of the 
                Treasury (Parts 1--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)

[[Page 863]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Employment Standards Administration, Department of 
                Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training, Department of Labor 
                (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Information Agency (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board Regulations (Parts 
                900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Board for International Broadcasting (Parts 1300--
                1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 864]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Multifamily Housing Assistance 
                Restructuring, Department of Housing and Urban 
                Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--999)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 865]]

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--799)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900)
        VI  Office of the Assistant Secretary-Indian Affairs, 
                Department of the Interior (Part 1001)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Part 1200)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--799)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Bureau of Alcohol, Tobacco and Firearms, Department of 
                the Treasury (Parts 1--299)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--199)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)

[[Page 866]]

       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Pension and Welfare Benefits Administration, 
                Department of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Minerals Management Service, Department of the 
                Interior (Parts 200--299)
       III  Board of Surface Mining and Reclamation Appeals, 
                Department of the Interior (Parts 300--399)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
        VI  Bureau of Mines, Department of the Interior (Parts 
                600--699)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance
         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of International Investment, Department of the 
                Treasury (Parts 800--899)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)

[[Page 867]]

       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Defense Logistics Agency (Parts 1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)
      XXIX  Presidential Commission on the Assignment of Women in 
                the Armed Forces (Part 2900)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Corps of Engineers, Department of the Army (Parts 
                200--399)
        IV  Saint Lawrence Seaway Development Corporation, 
                Department of Transportation (Parts 400--499)

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Vocational and Adult Education, Department 
                of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599)
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

[[Page 868]]

                        Title 35--Panama Canal

         I  Panama Canal Regulations (Parts 1--299)

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
       XIV  Assassination Records Review Board (Parts 1400--1499)

             Title 37--Patents, Trademarks, and Copyrights

         I  Patent and Trademark Office, Department of Commerce 
                (Parts 1--199)
        II  Copyright Office, Library of Congress (Parts 200--299)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--799)
         V  Council on Environmental Quality (Parts 1500--1599)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)

          Title 41--Public Contracts and Property Management

            Subtitle B--Other Provisions Relating to Public 
                Contracts

[[Page 869]]

        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans 
                Employment and Training, Department of Labor 
                (Parts 61-1--61-999)
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       105  General Services Administration (Parts 105-1--105-999)
       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]
            Subtitle E--Federal Information Resources Management 
                Regulations System
       201  Federal Information Resources Management Regulation 
                (Parts 201-1--201-99) [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300.99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment from a Non-Federal Source for Travel Expenses 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Health Care Financing Administration, Department of 
                Health and Human Services (Parts 400--499)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1999)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 200--499)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)

[[Page 870]]

       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Office of Human Development Services, Department of 
                Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission on Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Part 2301)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

[[Page 871]]

                          Title 46--Shipping

         I  Coast Guard, Department of Transportation (Parts 1--
                199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Transportation (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Department of Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  United States Information Agency (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)

[[Page 872]]

        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  Panama Canal Commission (Parts 3500--3599)
        44  Federal Emergency Management Agency (Parts 4400--4499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199)
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399)
        54  Defense Logistics Agency, Department of Defense (Part 
                5452)
        57  African Development Foundation (Parts 5700--5799)
        61  General Services Administration Board of Contract 
                Appeals (Parts 6100--6199)
        63  Department of Transportation Board of Contract Appeals 
                (Parts 6300--6399)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Research and Special Programs Administration, 
                Department of Transportation (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Highway Administration, Department of 
                Transportation (Parts 300--399)
        IV  Coast Guard, Department of Transportation (Parts 400--
                499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board, Department of 
                Transportation (Parts 1000--1399)
        XI  Bureau of Transportation Statistics, Department of 
                Transportation (Parts 1400--1499)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)

[[Page 873]]

        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)
        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

                      CFR Index and Finding Aids

            Subject/Agency Index
            List of Agency Prepared Indexes
            Parallel Tables of Statutory Authorities and Rules
            List of CFR Titles, Chapters, Subchapters, and Parts
            Alphabetical List of Agencies Appearing in the CFR



[[Page 875]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 1999)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
Advisory Commission on Intergovernmental          5, VII
     Relations
Advisory Committee on Federal Pay                 5, IV
Advisory Council on Historic Preservation         36, VIII
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development, United      22, II
     States
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, IX, X, XI
Agricultural Research Service                     7, V
Agriculture Department
  Agricultural Marketing Service                  7, I, IX, X, XI
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Cooperative State Research, Education, and      7, XXXIV
       Extension Service
  Economic Research Service                       7, XXXVII
  Energy, Office of                               7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Grain Inspection, Packers and Stockyards        7, VIII; 9, II
       Administration
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Telephone Bank                            7, XVI
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force Department                              32, VII
  Federal Acquisition Regulation Supplement       48, 53
Alcohol, Tobacco and Firearms, Bureau of          27, I
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX

[[Page 876]]

Architectural and Transportation Barriers         36, XI
     Compliance Board
Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI
Army Department                                   32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Assassination Records Review Board                36, XIV
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase From People Who Are
Board for International Broadcasting              22, XIII
Census Bureau                                     15, I
Central Intelligence Agency                       32, XIX
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee        45, XXII
     Commission
Civil Rights, Commission on                       45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce Department                               44, IV
  Census Bureau                                   15, I
  Economic Affairs, Under Secretary               37, V
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Export Administration, Bureau of                15, VII
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II
  National Marine Fisheries Service               50, II, IV, VI
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Telecommunications and Information     15, XXIII; 47, III
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office                     37, I
  Productivity, Technology and Innovation,        37, IV
       Assistant Secretary for
  Secretary of Commerce, Office of                15, Subtitle A
  Technology, Under Secretary for                 37, V
  Technology Administration                       15, XI
  Technology Policy, Assistant Secretary for      37, IV
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Product Safety Commission                5, LXXI; 16, II
Cooperative State Research, Education, and        7, XXXIV
     Extension Service
Copyright Office                                  37, II
Corporation for National and Community Service    45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Customs Service, United States                    19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII

[[Page 877]]

  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 2
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Under Secretary                 37, V
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
  Vocational and Adult Education, Office of       34, IV
Educational Research and Improvement, Office of   34, VII
Elementary and Secondary Education, Office of     34, II
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             5, XXIII; 10, II, III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   5, LIV; 40, I, VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Administration, Office of                       5, XV
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                25, III, LXXVII; 48, 99
  National Drug Control Policy, Office of         21, III
  National Security Council                       32, XXI; 47, 2
  Presidential Documents                          3
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export Administration, Bureau of                  15, VII
Export-Import Bank of the United States           5, LII; 12, IV
Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1

[[Page 878]]

Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               4, II
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       11, I
Federal Emergency Management Agency               44, I
  Federal Acquisition Regulation                  48, 44
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II; 49, III
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Board                     12, IX
Federal Labor Relations Authority, and General    5, XIV; 22, XIV
     Counsel of the Federal Labor Relations 
     Authority
Federal Law Enforcement Training Center           31, VII
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on                5, IV
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Property Management Regulations System    41, Subtitle C
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Fine Arts, Commission on                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Fishery Conservation and Management               50, VI
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Accounting Office                         4, I, II
General Services Administration                   5, LVII
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Property Management Regulations System  41, 101, 105
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302

[[Page 879]]

  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          5, XLV; 45, Subtitle A
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Health Care Financing Administration            42, IV
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Health Care Financing Administration              42, IV
Housing and Urban Development, Department of      5, LXV; 24, Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Inspector General, Office of                    24, XII
  Multifamily Housing Assistance Restructuring,   24, IV
       Office of
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Human Development Services, Office of             45, XIII
Immigration and Naturalization Service            8, I
Independent Counsel, Office of                    28, VII
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
     Secretary
Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Information Agency, United States                 22, V
  Federal Acquisition Regulation                  48, 19
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission  5, VII
     on
Interior Department
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  Minerals Management Service                     30, II
  Mines, Bureau of                                30, VI

[[Page 880]]

  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Reclamation, Bureau of                          43, I
  Secretary of the Interior, Office of            43, Subtitle A
  Surface Mining and Reclamation Appeals, Board   30, III
       of
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
  International Development, United States        22, II; 48, 7
       Agency for
  Overseas Private Investment Corporation         5, XXXIII; 22, VII
International Fishing and Related Activities      50, III
International Investment, Office of               31, VIII
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice Department                                5, XXVIII; 28, I
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             4, II
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration and Naturalization Service          8, I
  Offices of Independent Counsel                  28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor Department                                  5, XLII
  Benefits Review Board                           20, VII
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Employment Standards Administration             20, VI
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Pension and Welfare Benefits Administration     29, XXV
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training, Office of    41, 61; 20, IX
       the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Library of Congress                               36, VII
  Copyright Office                                37, II
Management and Budget, Office of                  5, III, LXXVII; 48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II
Micronesian Status Negotiations, Office for       32, XXVII
Mine Safety and Health Administration             30, I
Minerals Management Service                       30, II
Mines, Bureau of                                  30, VI

[[Page 881]]

Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Multifamily Housing Assistance Restructuring,     24, IV
     Office of
National Aeronautics and Space Administration     5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National Archives and Records Administration      5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Bureau of Standards                      15, II
National Capital Planning Commission              1, IV
National Commission for Employment Policy         1, IV
National Commission on Libraries and Information  45, XVII
     Science
National and Community Service, Corporation for   45, XII, XXV
National Council on Disability                    34, XII
National Credit Union Administration              12, VII
National Drug Control Policy, Office of           21, III
National Foundation on the Arts and the           45, XI
     Humanities
National Highway Traffic Safety Administration    23, II, III; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute for Literacy                   34, XI
National Institute of Standards and Technology    15, II
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV, VI
National Mediation Board                          29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI
National Security Council and Office of Science   47, II
     and Technology Policy
National Telecommunications and Information       15, XXIII; 47, III
     Administration
National Transportation Safety Board              49, VIII
National Weather Service                          15, IX
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy Department                                   32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Dairy Compact Commission                7, XIII
Nuclear Regulatory Commission                     5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Offices of Independent Counsel                    28, VI
Operations Office                                 7, XXVIII
Overseas Private Investment Corporation           5, XXXIII; 22, VII
Panama Canal Commission                           48, 35
Panama Canal Regulations                          35, I
Patent and Trademark Office                       37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension and Welfare Benefits Administration       29, XXV
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
     Acquisition Regulation
[[Page 882]]

  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
Postal Rate Commission                            5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Commission on the Assignment of      32, XXIX
     Women in the Armed Forces
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Procurement and Property Management, Office of    7, XXXII
Productivity, Technology and Innovation,          37, IV
     Assistant Secretary
Public Contracts, Department of Labor             41, 50
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Regional Action Planning Commissions              13, V
Relocation Allowances                             41, 302
Research and Special Programs Administration      49, I
Rural Business-Cooperative Service                7, XVIII, XLII
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV
Rural Telephone Bank                              7, XVI
Rural Utilities Service                           7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation     33, IV
Science and Technology Policy, Office of          32, XXIV
Science and Technology Policy, Office of, and     47, II
     National Security Council
Secret Service                                    31, IV
Securities and Exchange Commission                17, II
Selective Service System                          32, XVI
Small Business Administration                     13, I
Smithsonian Institution                           36, V
Social Security Administration                    20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  22, I
  Federal Acquisition Regulation                  48, 6
Surface Mining and Reclamation Appeals, Board of  30, III
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Technology Administration                         15, XI
Technology Policy, Assistant Secretary for        37, IV
Technology, Under Secretary for                   37, V
Tennessee Valley Authority                        5, LXIX; 18, XIII
Thrift Supervision Office, Department of the      12, V
     Treasury
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     5, L
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Commercial Space Transportation                 14, III
  Contract Appeals, Board of                      48, 63
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II; 49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 49, V
  Research and Special Programs Administration    49, I
  Saint Lawrence Seaway Development Corporation   33, IV

[[Page 883]]

  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Surface Transportation Board                    49, X
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Statistics Brureau                 49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV
  Alcohol, Tobacco and Firearms, Bureau of        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs Service, United States                  19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Law Enforcement Training Center         31, VII
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  International Investment, Office of             31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
  Thrift Supervision, Office of                   12, V
Truman, Harry S. Scholarship Foundation           45, XVIII
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs Department                       38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training, Office of the  41, 61; 20, IX
     Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Vocational and Adult Education, Office of         34, IV
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I
World Agricultural Outlook Board                  7, XXXVIII

[[Page 885]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations which were 
made by documents published in the Federal Register since January 1, 
1986, are enumerated in the following list. Entries indicate the nature 
of the changes effected. Page numbers refer to Federal Register pages. 
The user should consult the entries for chapters and parts as well as 
sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven 
separate volumes.

                                  1986

50 CFR
                                                                   51 FR
                                                                    Page
Chapter I
10.22  Amended.....................................................23551
17.11  (h) table amended...........................................6690,
10850, 10857, 10864, 16047, 16482, 17980, 23781, 27495, 31422, 39478, 
41796, 45910
    (h) table amended; eff. 10-27-86........................34412, 34425
17.12  (h) table amended............................................956,
3185, 6693, 8683, 9820, 10521, 10523, 15906, 15911, 16530, 17346, 17974, 
17977, 22524, 23769, 24672, 24675, 27500, 45907
    (h) table amended; eff. 10-27-86.................34415, 34419, 34422
17.40  (b) revised.................................................33759
17.44  (n) added...................................................10864
    (o) added......................................................16047
    (p) added......................................................23781
    (q) added......................................................39478
17.84  (c) added...................................................41797
17.95  (e) amended................................................10850,
10857, 10864, 16047
    (e) corrected..................................................18451
18.11  Introductory text revised...................................17981
18.13  (c) redesignated as (d); (b) revised; new (c) added.........17981
18.14  (c) amended.................................................17981
18.22  Heading revised; (a) and (b)(6) undesignated text amended 
                                                                   17981
18.23  Heading, (a) introductory text and (1) revised; (b) 
        introductory text and (2) amended..........................17981
18.26  (b) amended.................................................17981
20  Frameworks.......................................26715, 28950, 32460
    Authority citation revised; section authority citations 
removed............................................................30648
20.101  Seasonal hunting adjustments...............................30648
20.102  Seasonal hunting adjustments...............................30649
20.103  Seasonal hunting adjustments...............................30649
20.104  Seasonal hunting adjustments........................30651, 34626
20.105  Seasonal hunting adjustments........................30652, 34628
    Seasonal hunting adjustments corrected.........................41508
20.106  Seasonal hunting adjustments.................30654, 34626, 34638
    Seasonal hunting adjustments corrected.........................41508
20.107  Seasonal hunting adjustments...............................34639
20.108  Revised....................................................31444
20.109  Seasonal hunting adjustments........................30654, 34639
20.110  Seasonal hunting adjustments...............................31086
20.134  Revised....................................................42100
20.140--20.143 (Subpart M)  Added..................................42107
23.23  (f) table amended...........................................32478
    (d) and (f) table amended......................................34643
    (f) table amended..............................................44480
23.57  (g) added...................................................31132
25.11  (a) revised..................................................7574
25.12  (a) amended..................................................7574

[[Page 886]]

25.44  Redesignated as 25.45; new 25.44 added.......................7575
25.45  Redesignated from 25.44......................................7575
26  Authority citation revised.....................................44793
26.37  Removed.....................................................44793
28.21  Amended......................................................7575
29  Authority citation revised; section authority citations 
        removed.....................................................7575
29.21  (f) removed; (g), (h), and (i) redesignated as (f), (g), 
        and (h).....................................................7575
32  Authority citation revised.....................................30661
32.1  Amended......................................................30661
32.11  Amended.....................................................30661
32.12  (d)(1)(v), (f) (13) and (14), (dd) (1) through (4), (hh) 
        (2) through (12), and (ll) (1) through (3) redesignated as 
        (d)(1)(vi), (f) (14) and (15), (dd) (2) through (5), (hh) 
        (3) through (13), and (ll) (2) through (4).................32323
    (b) introductory text, (2), and (4), (c), (f) (1), (2) 
introductory text, (3) introductory text, (7) introductory text 
and (ii), (14), (i)(2)(ii), (m), (p), (q)(2) (i), (ii), and (iii), 
(3)(iv), (v)(2)(iii), (3)(iii), (4)(iii), and (6)(iii), (x)(10), 
(y), and (z)(1)(i) and (2) revised.................................32323
    (dd) (3) and (5), (hh)(1)(iii), (6), (7), and (12), 
(ll)(2)(ii), (qq)(2), and (rr)(3) revised..........................32323
    (b)(7), new (d)(1)(v), (e)(1)(viii), (3)(viii), and (4)(vii), 
(f) (4)(v), (5)(iv), (6)(vi), (8)(iv), (9)(v), (12)(iv), (13) and 
(15)(vii), (k)(3) (iv) and (v), (5)(iv), (6) introductory text, 
(l)(2) (i), (ii), and (iv), (n)(5), (q)(1)(iv), (3)(v), 
(x)(1)(iii) and (11), (dd)(1), (gg)(3)(vii), (hh)(2), (5)(iii), 
(8)(iv), and (11)(vi), (ll)(1), and (qq)(1)(iii), (4)(iv), (7)(v), 
and (8)(v) added...................................................32323
    (x)(11) and (hh)(12)(ii) corrected; technical correction.......33761
32.21  Amended.....................................................30662
32.22  (e) (8) and (9), (cc) (1) and (2), and (jj) (1) through (4) 
        redesignated as (e) (9) and (10), (cc) (2) and (3), and 
        (jj) (2) through (5).......................................32325
    (a)(2)(ii) and (4)(iii), (c)(2)(i), (3), (d)(2)(iii), (3) 
introductory text, and (4)(iii), (h)(3)(ii), (i)(2) introductory 
text, (l) (1) and (2), (q)(1)(ii) and (2), (t), (v)(1)(ii), 
(z)(1), new (cc)(3) (i) and (iv), (hh)(4) introductory text, and 
new (jj) (2) and (5) revised.......................................32325
    (a)(4)(v), (b)(3), (c)(1) (iv) and (v), (2)(iv), (d)(6) (v) 
and (vi), (e)(8), (q)(1)(iii), (3)(iii), and (6)(iii), 
(v)(1)(iii), new (cc)(1), and (jj)(1) added........................32325
    (d)(6)(vi) corrected...........................................33761
32.31  Amended.....................................................30662
32.32  (c)(1)(ii), (d)(4) (iii) and (iv), and (h)(5) (v) and (vi) 
        removed; (d)(4) (v) and (vi), (h)(5) (vii) through (x), 
        (i) (2) through (5), (ff) (1) through (4), (ii) (1) 
        through (5), and (mm) (1) through (4) redesignated as 
        (d)(4) (iii) and (iv), (h)(5) (v) through (viii), (i) (3) 
        through (6), (ff) (2) through (5), (ii) (2) through (6), 
        and (mm) (2) through (5)...................................32327
    (a)(2) (iv), (v), and (vi), (d)(1) (iv) and (v), (2) (vii) and 
(viii), (h)(3)(v), (6)(ix), new (i)(2), (5) (ix) and (x), (r)(2) 
(iv), (v), and (vi), (5)(iii), (s)(5), (x)(1)(iv), (6) (vi), 
(vii), and (viii), new (ff)(1), (ii)(1), (mm) (1), (2)(iii), and 
(3)(v), and (rr)(4)(iv) added......................................32327
    (a)(1)(iii) and (2) (i) and (ii), (3) (ii) and (iii), (c)(2), 
(d)(2) introuctory text, (ii), and (iv), (4) introductory text and 
(ii), (5) (ii), (iii), (v), and (vi), (h)(3)(ii), (5) (ii), (iii), 
and (iv), new (vi) and (vii), (6) (ii) and (iv), (o)(1), (r)(1) 
introductory text, (ii), and (iii), (2) (i), (ii), and (iii), (2) 
(i), (ii), and (iii), (3), (4)(i), and (7) revised.................32327
    (v) (2) and (3), (x)(1) (ii) and (iii), (2) (ii), (iii), (iv), 
and (v), (6)(v), (7) (iv) and (v), new (ff)(4) (ii), (iv), (v), 
and (vi), (kk)(3)(ii)(1), new (mm)(2) (i) and (ii) and (3) (iii) 
and (iv) revised...................................................32327

[[Page 887]]

    (h)(6)(iv) and (kk)(3)(ii)(1) correctly designated; (a)(2)(iv) 
corrected..........................................................33761
32.41  Authority citation removed..................................30661
    Table revised (OMB numbers)....................................32329
33  Authority citation revised.....................................30662
33.4  Amended; authority citation removed..........................30662
36  Authority citation revised..............................31629, 32332
36.2  (h) amended..................................................44793
    (h) corrected..................................................45986
36.3  Amended......................................................44793
36.15  (a) (1) and (2) revised; (a)(3) added.......................44793
36.21--36.24  Removed; eff. 10-6-86................................31629
36.21  (e) revised.................................................44794
36.39 (Subpart E)  Added...........................................32332
36.39  (b) added...................................................41509
36.41--36.42 (Subpart E)  Redesignated as Subpart F and heading 
        revised....................................................32332
36.41--36.42 (Subpart F)  Redesignated from Subpart E and heading 
        revised....................................................32332
36.41  (a)(1) revised..............................................44794
91.12  Amended.....................................................20977
91.13  Amended.....................................................20977
91.14  Amended.....................................................20977
91.17  Amended.....................................................20977
91.31  Amended.....................................................20977
96  Removed........................................................44794

                                  1987

50 CFR
                                                                   52 FR
                                                                    Page
Chapter I
14  Authority citation revised..............................43278, 45341
14.81--14.82 (Subpart H)  Revised..................................45341
14.83  Removed.....................................................45341
14.101--14.204 (Subpart J)  Added..................................43278
14.103  Corrected..................................................46019
14.105  (a) corrected..............................................46019
17.12  (h) table amended..........................................37420,
41440, 42071, 42657, 44401, 46087
17.42  (d) added...................................................42662
17.95  (e) map correclty revised...................................36776
17.96  (a) amended..........................................41440, 42657
17  Classification review..........................................25522
    Authority citation revised.....................................29780
    Record of decision.............................................29784
    (h) table amended.............................................37423,
42068, 42662, 46085
17.11  (h) table amended............................................288,
5302, 10892, 11169, 11172, 11286, 20719, 20999, 21063, 22430, 22585, 
22943, 23151, 25232, 25380, 28785, 28831, 29780
    (h) table amended; eff. 10-16-87...............................35040
    (h) table amended; eff. 10-19-87...............................35378
    (h) table amended; eff. 10-26-87........................36038, 36180
    (h) table corrected............................................36776
    (h) table amended; eff. 11-2-87................................36779
    (h) table amended; eff. 11-2-87................................36780
17.12  (h) table amended............................................679,
682, 784, 1462, 2234, 4910, 7426, 11175, 15505, 21480, 21484, 22589, 
22933, 22936, 22939, 32929
    (h) table corrected.............................................6651
    (h) table amended; eff. 10-16-87...............................34917
    (h) table amended; eff. 10-28-87...............................36270
17.42  (a) revised.................................................21063
    (c) added......................................................23151
17.44  (r) added....................................................5302
    (r) correctly designated........................................7369
    (s) added......................................................11286
    (t) added; eff. 10-16-87.......................................35040
17.84  (d) added...................................................29780
17.95  (e) amended...........................................5302, 11286
    (b) amended....................................................28786
    (b) (10) and (11) maps correctly republished...................29751
    (e) amended; eff. 10-16-87.....................................35040
    (e) amended; eff. 10-26-87.....................................36039
    (e) corrected..................................................36776
20  Frameworks................................28717, 29187, 35248, 37147
20.21  Introductory text republished; (j) revised..................27364
20.101  Seasonal hunting adjustments...............................31775
20.102  Seasonal hunting adjustments...............................31776
20.103  Seasonal hunting adjustments...............................31777
20.104  Seasonal hunting adjustments........................31779, 36498
20.105  Seasonal hunting adjustments..........31780, 36501, 37151, 46088
20.106  Seasonal hunting adjustments........................31782, 36531

[[Page 888]]

20.107  Seasonal hunting adjustments...............................36533
20.108  Revised....................................................27364
    Amended.................................................32014, 37152
20.109  Seasonal hunting adjustments........................31782, 36533
20.110  Seasonal hunting adjustments........................32772, 43309
23  Authority citation revised.....................................48821
23.23  (f) table amended...............................1335, 6161, 48821
25  Authority citation revised.....................................29860
25.51--25.57 (Subpart E)  Revised..................................29860
26  Authority citation revised.....................................35715
26.34  Amended.....................................................35715
32  Authority citation revised.....................................27815
32.11  Amended.....................................................27815
    Corrected......................................................28511
32.12  (f)(11)(iii), (i)(2)(iv), (k)(3)(iii), (q)(4)(ii) and 
        (hh)(5)(i) removed.........................................37791
    (d)(1)(vi), (f)(11) (iv), (v), and (vi) and (12) (ii) and 
(iii), (i)(2) (v) through (vii), (k)(3) (iv) and (v), (q) (1) 
through (7) and new (4) (iii) through (v), and (hh)(5) (ii) and 
(iii) redesignated as (d)(1)(vii), (f)(11) (iii), (iv), (v) and 
(12) (iii) and (ii), (i)(2) (iv) through (vi), (k)(3) (iii) and 
(iv), (q) (2) through (8) and new (4) (ii) through (iv), and 
(hh)(5) (i) and (ii)...............................................37791
    (b)(8), (d)(1)(vi), (e)(1)(ix) and (3)(ix), (f)(7)(v), (10) 
(iii) and (iv), and (13)(v), (i)(1) (v) and (vi), (l)(1)(iv), 
(q)(1), (2)(v), (3) (iv) and (v), new (4)(v), (8) (iv), (v) and 
(vi), (s)(2)(v), (u)(2)(v), (v)(1)(iv), (aa)(7), (bb)(3) (iii), 
(iv) and (v) and (ll)(1)(iv) added.................................37791
    (d)(1) introductory text, (f)(1) introductory text and (ii), 
(2), (3), (4) introductory text, (5) introductory text, (iii) and 
(iv), (6) introductory text, (ii), (iii), and (vi), (7) 
introductory text, (8) introductory text and (iv), (9) 
introductory text and (v), (10) introductory text, (12) 
introductory text, new (iii) and (iv), (13)(ii), (14), (15) 
introductory text, (ii), (iv) and (vii), (g) (1) and (3), 
(h)(1)(viii) and (2)(vii), (i)(1)(ii), new (2)(vi), (3)(iv), (4) 
(ii) and (iii), (j)(3), (k)(2) and new (3)(iv), (l)(2) (i), (ii) 
and (iii), (m)(1) (ii) and (iii), (o)(2), new (q)(5)(v), (6)(iv), 
(7) (i), (ii) and (iii), and (8)(ii), (s)(1) and (2)(ii), (t)(1) 
and (2)(ii), (u)(1)(iii), (2) introductory text and (iv), (3) 
introductory text and (iii), (v)(5)(iii), (w)(1)(ii) and (2)(ii), 
(z)(1) introductory text and (2), (aa) introductory text and (1), 
(bb)(1) introductory text and (i), (2)(iii), (3)(ii) and (4)(ii), 
(cc)(1)(iv), (2)(iii), (dd)(1), (2)(i), (3)(v) and (5)(i), (ee), 
(ff) introductory text and (2), (gg)(2), (hh)(1)(iv), (3)(iii), 
new (5)(i), (8)(i) and (13)(iv), (ii)(2), (ll)(2)(iv), (3)(iv) and 
(4)(ii), (mm)(2)(i), (3)(i), (5)(iv), (6)(iii) and (7)(iii), 
(nn)(1)(ii), (2) and (3), (oo)(7), (qq)(5)(iii) and (6), 
(rr)(1)(iii), (2)(ii) and (3)(ii) and (ss) revised.................37791
    (h)(1)(viii), (bb)(3)(iii), (dd)(1), and (ll)(1)(iv) correctly 
designated; (t) heading and (v)(5)(iii) corrected..................41388
32.21  Amended.....................................................27815
32.22  (l)(3), (q)(6) (iii) and (iv), and (cc)(2) removed; (q) (1) 
        through (6) and (cc)(3) redesignated as (q) (2) through 
        (7) and (cc)(2)............................................37795
    (a)(4)(vi), (d)(1)(iii), (2)(vii), and (4)(vii), (h)(1)(iii), 
(2)(v), and (4), new (q)(1), (s)(3), (aa)(1)(iv), and (gg)(3) 
added..............................................................37795

[[Page 889]]

    (a)(1) and (4)(iv), (b)(1), (d)(2) (iii) and (iv), (4)(iii), 
and (5) (ii) and (iii), (e)(4)(ii) and (10)(ii), (h)(2)(ii) and 
(3) (ii) and (iii), (l)(2), (n), new (q)(4) (i) and (iii), (6) (i) 
and (ii), and (7) (i) and (iii), (u)(1), (x)(6), (aa)(1) 
introductory text and (ii), (cc)(1), (dd)(1), (4) introductory 
text and (6) introductory text and (ii), (ff)(6), (jj)(2)(ii) and 
(3), (hh)(4)(iii) and (ll)(1)(i) revised...........................37795
    (d)(2)(iii), (aa)(1)(ii), and (gg)(3) corrected................41388
32.31  Amended.....................................................27815
32.32  (c)(1)(ii), (h)(4), (i)(4) (iii) and (v), (l)(4), 
        (aa)(2)(ii), and (ss)(4)(iv) removed.......................37796
    (c)(1)(iii), (h) (5) and (6), (i)(4) (iv), (vi), and (vii), 
(r) (1) through (7), (v) through (tt), new (z)(2), (aa)(2)(iii), 
and (ii) (1) through (3) redesignated as (c)(1)(ii), (h) (4) and 
(5), (i)(4) (iii), (iv), and (v), (r) (2) through (8), (w) through 
(uu), (z)(3), (aa)(2)(ii), and (ii) (2) through (4)................37796
    (d)(2)(ix) and (4) (v) and (vi), (h)(3) (vi) and (vii) and 
(5)(x), (i)(6)(vii), (o)(4), new (r)(1), (3)(vii), (4)(iv), (7) 
(vi) and (vii), and (8)(iv), (t)(2)(iii), (u)(1)(iv) and (2)(v), 
new (v), new (z)(2), (dd) (3) and (4), (gg)(2)(iv), new (ii)(1), 
(kk)(3), (ll)(2) (viii) and (ix), and (rr)(2)(iv), (3)(v) and 
(4)(vii) added.....................................................37797
    (a)(3) (ii), (iii), and (iv), (b)(1), (d)(2) (ii), (vi) and 
(vii) and (4) (ii) and (iv), (h)(1), (2)(v), (3) (ii), (iv) and 
(v), (4) (ii), (v), and (viii), and (5) introductory text, (ii), 
(iv), (v), (vi), and (viii), (i)(1) (ii), (iii), (v), (3) (iv) and 
(vii), (4)(ii) and (6) (iv) and (v), (j) (4) and (5), (n) (1), 
(2), and (3), (q)(1), (r)(4) (ii) and (iii), (7) (i), (iii), and 
(iv), and (8)(iii), (t)(1), new (z)(1)(i) and (3)(ii), 
(bb)(2)(ii), (ff)(1), (gg) (1) and (4)(iii), (ll)(2)(vii), (3) 
(iv), (vi) and (vii), and (4)(vi), (oo)(1) (v) and (vi) and (3) 
(iv) and (v), (qq), and (rr)(1)(v) revised.........................37797
    (t)(1) correctly designated....................................41388
33  Authority citation revised......................................5304
33.2  (e) amended; table revised (OMB number).......................5304
33.3  (e) amended...................................................5304
33.4  Amended................................................5304, 27815
33.5  (d) revised...................................................5304
33.8  (a) (4) and (5) added.........................................5304
33.9  (g) revised...................................................5304
33.12  Added........................................................5305
33.13  (f) and (h)(2) revised; (h) (4) and (5) added................5305
33.14  (a) through (h) redesignated as (b) through (i); new (a) 
        added; new (g)(1) revised...................................5305
33.17  (b) (1) through (3) revised..................................5305
33.22  (b)(2), (e)(2) and (f) (1) through (5) revised; (b)(6) and 
        (f) (6) through (9) added...................................5305
33.23  (b) added....................................................5306
33.25  (c) redesignated as (d); new (c) added.......................5306
33.32  (a)(3) and (b)(2) revised....................................5306
33.34  (a)(3) revised...............................................5306
33.37  (b)(4) revised...............................................5306
33.39  Added........................................................5306
33.41  (e)(2) revised...............................................5306
33.44  (b)(2) revised...............................................5306
33.46  (a)(6) added.................................................5306
33.51  (a) (1) and (2) and (b) (1) and (2) revised..................5306
33.55  Added........................................................5306
80  Authority citation revised.....................................47571
80.26  Added.......................................................47571
91  Revised........................................................18700

[[Page 890]]

                                  1988

50 CFR
                                                                   53 FR
                                                                    Page
Chapter I
10  Authority citation revised......................................6649
10.1  Amended.......................................................6649
10.22  Introductory text revised....................................6649
14.101--14.204 (Subpart J)  Effective date deferred.................3894
    Supplemental information........................................8765
    Eff. 2-8-88....................................................15042
    Enforcement policy.............................................18287
17.11  (h) table amended...........................................3570,
25611, 27134, 27693, 29337, 36033, 43889,45865
    (h) table amended; eff. 10-3-88.........................33992, 33998
    (h) table amended; eff. 10-7-88................................34698
    (h) table amended; eff. 10-28-88...............................37970
    (h) table amended; eff. 10-31-88..............................38453,
38460, 38465, 38489
17.12  (h) table amended...........................................3565,
3567, 4629, 10884, 11612, 11615, 23742, 23745, 23748, 27137, 27141, 
32827, 32830, 45861
    (h) table effective dates corrected............................26369
    (h) table amended; eff. 10-3-88................................33996
    (h) table amended; eff. 10-7-88.........................34701, 34705
    (h) table amended; eff. 10-11-88...............................35080
    (h) table amended; eff. 10-28-88..............................37972,
37975, 37977, 37982
    (h) table amended; eff. 10-31-88..............................38451,
38456, 38474
17.84  (e) added...................................................29337
    (d)(2) and (3) (i), (ii), and (iii) revised....................37580
18.23  (f) added; eff. 10-26-88....................................24283
20  Policy statement...............................................16877
    Authority citation revised.....................................24290
    Report availability and decision notice........................24951
    Frameworks..............................................29902, 36033
    Record of decision.............................................31341
20.11  Revised.....................................................24290
20.21  Introductory text republished; (j)(1) revised...............24290
20.101  Seasonal hunting adjustments........................24290, 33793
20.102  Seasonal hunting adjustments........................24290, 33794
20.103  Seasonal hunting adjustments...............................33795
20.104  Seasonal hunting adjustments.................33797, 37945, 44695
20.105  Seasonal hunting adjustments..............................24290,
33798, 37949, 44589
20.106  Seasonal hunting adjustments........................33799, 37962
20.107  Seasonal hunting adjustments........................24291, 37962
20.108  Revised....................................................24291
20.109  Seasonal hunting adjustments.................33800, 37962, 44590
20.110  Revised....................................................31613
23.23  Procedures...................................................9945
    Procedures corrected...........................................12497
    (f) table amended.......................................19921, 35826
23.51  (f) removed; (e) revised....................................33819
23.52  (h) revised..................................................9633
23.57  (a) and (b) revised; (c) through (g) removed................30683
32.11  Amended.....................................................34303
32.12  (e)(2), (i)(2) (i) through (vi), (m)(1)(iii), (t)(2) (i) 
        and (ii), (u)(1)(iii), (2)(iv), and (3)(iii), (w)(1) (i) 
        and (ii), (cc)(2) (ii) through (vi), (ll)(2), 
        (rr)(1)(iii), (2) (i) and (ii), and (3) (i) and (ii) 
        removed....................................................43891
    (e)(1), (m)(1)(iv), (u)(2)(v), (gg) (2) through (4), and (ll) 
(3) and (4) redesignated as (e)(2), (m)(1)(iii), (u)(2)(iv), (gg) 
(3) through (5), and (ll) (2) and (3); new (e)(1), (f)(11)(vi), 
(g)(7)(iv), (gg)(2), (pp)(6), (qq)(4) (v) and (vi), (5)(vi), and 
(7)(vi) added......................................................43891
    (i)(2) introductory text, (l)(2)(i), (m)(1)(ii) and (2), 
(n)(1), (t)(2) introductory text, (w)(1) introductory text, 
(aa)(1), (cc)(2) introductory text and (i), (hh)(4)(i), (10)(ii) 
and (11) (ii) and (iv), (mm)(5)(vi) and (7) (i) and (v), 
(qq)(1)(i), (4)(ii), (6), (7) (i), (iii), and (iv), and (rr)(2) 
introductory text and (3) introductory text revised................43892
32.21  Amended.....................................................34303
32.22  (a)(4) (i) through (vi), (h)(2) (i) through (v) and (3) (i) 
        through (iii), (ff) (1), (2) and (11), and (hh)(3) (i) 
        through (iv) removed.......................................43893

[[Page 891]]

    (d) (2) through (6), (ee) (1) through (4), and (ff) (3) 
through (10) redesignated as (d) (3) through (7), (ee) (2) and (4) 
through (6), and (ff) (1) through (8); new (d)(2), (ee) (1) and 
(3) added..........................................................43893
    (a)(4) introductory text, (b)(1) introductory text, (h)(2) 
introductory text and (3) introductory text, (l) (1) and (2), 
(bb)(2), new (ff)(1)(i), (6)(ii) and (8)(ii), (hh)(3) introductory 
text, and (nn)(3)(i) and (5)(ii) revised...........................43893
32.31  Amended.....................................................34303
32.32  (a)(3) (i) through (iv), (h)(3) (i) through (v) and (4) (i) 
        through (viii), (i)(4) (i) through (vii) and (5) (i) 
        through (x), (n)(1), (r)(3) (i) through (vii), (ff)(2) (i) 
        and (ii), (gg)(4)(iii), and (ll)(4) (i) through (vi) 
        removed....................................................43893
    (d) (2) through (5), (n) (2) and (3), (dd) (1) through (4), 
and (gg)(4) (iv) through (vi) redesignated as (d) (3) through (6), 
(n) (1) and (2), (dd)(2) (i) through (iv), and (gg)(4) (iii) 
through (v); new (d)(2), (v)(8), (x)(4)(iii), (dd)(1), (gg)(2) (v) 
through (vii), and (rr)(3) (vi) and (vii) added....................43893
    (a)(3) introductory text, (b)(1), (h)(3) introductory text and 
(4) introductory text, (i)(4) introductory text and (5) 
introductory text, (l)(3), new (n) (1) and (2), (p)(2), (r)(3) 
introductory text, (v) (2) and (5), (bb)(2)(iii), (ff)(2) 
introductory text, (gg)(4)(ii), and (ll)(4) introductory text 
revised............................................................43894
33.4  Amended......................................................34303
33.5  (a)(1), (b) and (c)(2) revised................................1489
33.8  (a)(1), (b) introductory text, (d)(1) and (e)(1) revised; 
        (d) (5) and (6) added.......................................1489
33.13  (b) through (l) redesignated as (c) through (m); (a)(1), 
        new (c)(1), (d), (f)(1), (g)(1), (h)(1), (i)(1), (l) 
        introductory text and (1), and (m)(1) revised; new (b), 
        (i)(6), (l)(3), and (m)(4) added............................1489
33.14  (a)(1), (d)(2), (f)(1), (h)(2), and (i)(3) revised...........1489
33.19  (a)(7) revised; (a)(8) removed...............................1490
33.22  (b) (1) and (2), (d)(1), (e)(1), and (f)(7) revised..........1490
33.25  (a)(1) revised...............................................1490
33.27  (a)(1) revised...............................................1490
33.28  (b) revised..................................................1490
33.37  (a), (b), and (c) redesignated as (b), (c), and (e); new 
        (a) and (d) added; new (b)(1), (c) (1) and (3), and (e)(2) 
        revised.....................................................1490
33.41  (g)(1) revised...............................................1490
33.44  (a)(1) and (d)(1) revised....................................1490
33.46  (a)(1), (b)(1), (c)(1), and (e)(2) revised; (a)(7) added.....1490
33.51  (a) (1) and (2) revised; (a) (3) and (4) added...............1491
33.53  (c) redesignated as (d); new (c) added.......................1491
33.55  (a) (1) and (2) revised......................................1491
91  Revised........................................................16344

                                  1989

50 CFR
                                                                   54 FR
                                                                    Page
Chapter I
13  Authority citation revised...............................4031, 38147
13.2  Revised; eff. 10-16-89.......................................38147
13.5  Existing text designated as (a); (b) added; eff. 10-16-89....38147
13.11  (d)(4) amended...............................................4031
    Heading, (c), (d) (1) and (2) revised; introductory text and 
(e) added; (b)(2) and (d)(4) amended; eff. 10-16-89................38147
13.12  Heading, (a) introductory text and (1) through (5) revised; 
        (a) (6) and (7) removed; (a) (8) through (11) redesignated 
        as (a) (6) through (9); eff. 10-16-89......................38147
    (b) amended; eff. 10-16-89.....................................38148
13.13  Removed; eff. 10-16-89......................................38148
13.14  Removed; eff. 10-16-89......................................38148
13.21  (c) and (d) revised; (e), (f) and (g) added; eff. 10-16-89 
                                                                   38148
13.22  Revised; eff. 10-16-89......................................38148

[[Page 892]]

13.23  Revised; eff. 10-16-89......................................38148
13.24  Revised; eff. 10-16-89......................................38149
13.25  Revised; eff. 10-16-89......................................38149
13.26  Revised; eff. 10-16-89......................................38149
13.27  Revised; eff. 10-16-89......................................38149
13.28  Revised; eff. 10-16-89......................................38149
13.29  Revised; eff. 10-16-89......................................38149
13.30  Removed; eff. 10-16-89......................................38150
13.31  Removed; eff. 10-16-89......................................38150
13.32  Removed; eff. 10-16-89......................................38150
13.41  Revised; eff. 10-16-89......................................38150
13.46  Amended; eff. 10-16-89......................................38150
13.48  Added; eff. 10-16-89........................................38150
13.49  Added; eff. 10-16-89........................................38150
13.50  Added; eff. 10-16-89........................................38150
13.51 (Subpart E)  Removed; eff. 10-16-89..........................38150
14.93  (f) (1) and (2) amended......................................4031
16.13  (a)(1) revised..............................................22289
17  Authority citation revised...............................5938, 38946
17.11  (h) table amended...........................................8341,
15208, 20602, 22906, 29655, 32330, 34467, 34472, 35311, 39849, 39853, 
40112, 41453, 43969
    (h) table corrected............................................47861
17.12  (h) table amended...........................................2134,
5938, 10154, 14967, 29658, 29663, 29730, 30554, 31196, 35305, 37943, 
38946, 39857, 39863, 48751
17.44  (u) added...................................................39849
17.84  (f) added...................................................43969
17.95  (c) amended.................................................27382
17.100--17.108 (Subpart J)  Authority citation removed.............38946
18  Authority citation revised.....................................40348
18.27  (a), (c), and (d)(1)(vi) amended; (b) introductory text, 
        (d)(1) introductory text and (3) (e)(1), (f)(2), and 
        (5)(iii) revised; (d)(4) added; eff. 10-30-89..............40348
20  Frameworks..............................................32975, 38614
    Authority citation revised.....................................36009
    Seasonal hunting adjustments...................................36981
20.101  Seasonal hunting adjustments...............................36009
    Corrected......................................................36096
20.102  Seasonal hunting adjustments...............................36010
    Corrected......................................................36096
20.103  Seasonal hunting adjustments...............................36010
    Corrected......................................................36096
    Table corrected................................................38927
20.104  Table corrected............................................38927
    Seasonal hunting adjustments...................................39941
20.105  Seasonal hunting adjustments........................36015, 39941
    Corrected......................................................36096
    Technical correction...........................................48106
20.106  Seasonal hunting adjustments........................36016, 39941
    Corrected......................................................36096
20.107  Seasonal hunting adjustments...............................39941
20.108  Revised....................................................14817
    Amended........................................................37468
20.109  Seasonal hunting adjustments........................36017, 39941
    Corrected......................................................36096
20.110  Seasonal hunting adjustments...............................35444
    Corrected......................................................36096
21  Authority citation revised.....................................38150
21.1  Revised; eff. 10-16-89.......................................38150
21.2  (a) revised; (d) removed; eff. 10-16-89......................38150
21.4  Added; eff. 10-16-89.........................................38151
21.11  Revised; eff. 10-16-89......................................38151
21.12  (b) amended; eff. 10-16-89..................................38151
21.13  (d) amended; eff. 9-1-90....................................36798
21.21  Added; eff. 10-16-89........................................38151
21.22  (b), (c) (1) and (2) amended; (d) revised; eff. 10-16-89....38151
21.23  (b) introductory text amended; (d) revised; eff. 10-16-89 
                                                                   38151
21.24  (b) introductory text amended; (e) revised; eff. 10-16-89 
                                                                   38151
21.25  (b) introductory text amended; (d) revised; eff. 10-16-89 
                                                                   38151
21.27  Introductory text (a), (c)(1) and (d) revised; (b) 
        introductory text amended; (c) introductory text 
        republished; (c) (3), (4), (5), and (6) added; eff. 10-16-
        89.........................................................38152
21.28  Revised; eff. 10-16-89......................................38152
21.29  (a), (c), (h) and (j)(4) revised; eff. 10-16-89.............38153
21.30  (d) (6) through (11) redesignated as (d) (11) through (16); 
        (a), (d)(3), (4) (i) and (ii), new (11), and (3) revised; 
        (d)(4)(iii) and new (d) (6) through (10) added; new 
        (d)(14)(i) amended; eff. 10-16-89..........................38154
21.43  Introductory text revised...................................47525

[[Page 893]]

21.44  Introductory text revised...................................47525
23  Authority citation revised.....................................33233
23.23  (f) table amended...........................................11540
    (f) table determination........................................13387
23.52  (a) and (b) revised; (c) through (h) removed..................985
23.57  (a) and (b) revised.........................................33233
32.11  Amended.....................................................36034
32.12  (e)(4), (j)(5) introductory text, (p)(7), (aa) (5) and (6), 
        and (bb)(1)(i) revised; (j) removed; (k) through (z) 
        redesignated as (j) through (y); (f)(8)(v) and new 
        (y)(1)(iii) added..........................................46731
32.22  (d) (6), (7), (e)(4)(i), (10)(i), (i)(2), (j)(3)(i), 
        (q)(4)(i), (6), (7)(i), (z)(1), (aa)(1)(ii), (ff)(8)(ii), 
        and (jj)(5) revised; (hh)(2)(ii) removed; (hh)(2)(iii) 
        redesignated as (hh)(2)(ii)................................46732
32.31  Amended.....................................................36034
32.32  (r)(4)(ii) and (8)(ii) removed; (r)(4) (iii) and (iv) and 
        (8) (iii) and (iv) redesignated as (r)(4) (ii) and (iii) 
        and (8) (ii) and (iii); (d)(6), (i) (1), (3), and (6), 
        (j), (n), (r)(3), (4)(i), (7), and (8)(i), (cc)(1), (gg) 
        (3) and (4), (ll)(2) (v), (vii), (viii), (ix), and (3), 
        (oo)(1) (viii), and (rr)(2)(iv) revised; (dd)(3)(iv) and 
        (oo)(1)(x) added...........................................46732
32.41  Amended.....................................................36034
33.2  (e) amended..................................................36034
33.4  Amended......................................................36035
33.8  (b) through (e) redesignated as (c) through (f); new (b) 
        added; new (d) revised.....................................10546
33.9  (i) revised..................................................10546
33.13  (g)(1) and (m)(4) revised; (g)(2) amended...................10546
33.17  (a) (1) through (3) and (c)(1) revised; (a)(4) and (c)(6) 
        removed; (b) (1) through (3) amended; (b) (4), through (6) 
        added;.....................................................10546
33.18  (a)(6) added................................................10546
33.22  (f) revised.................................................10546
33.37  (c)(2) amended; (c)(5) and (d)(3) revised; (c)(6) added;....10547
33.40  (a) through (e) redesignated as (b) through (f); new (a) 
        added......................................................10547
33.41  (g)(2) revised; (g) (3), (4), and (5) added.................10547
33.46  (a)(7) amended; (e)(1) revised; (e)(3) removed; (f) added 
                                                                   10547
33.47  (b) (4) and (5) added; (d) revised..........................10547
33.51  (b) (1) and (2) revised; (b) (4) and (5) added..............10547
64.1  Technical correction..........................................5938
80.4  Revised......................................................15209

                                  1990

50 CFR
                                                                   55 FR
                                                                    Page
Chapter I
10.21  Revised.....................................................48851
10.22  Amended.....................................................48851
14  Authority citation revised......................................9731
14.12  (h) and (i) amended; (j) added...............................9731
16.15  Revised.....................................................17441
17  Authority citation revised.....................................39416
17.11  (h) table amended...........................................9135,
9450, 12190, 12801, 21153, 25591, 25595, 26194, 28213, 32094
    Technical correction...........................................19145
    (h) table amended; emergency, eff. through 11-28-90............12832
    (h) table amended; eff. through 12-3-90........................13488
    (h) table amended; eff. through 12-31-90.......................18845
    (h) table amended; eff. 10-9-90................................36647
    (h) table amended; eff. 10-29-90..............................39416,
39860, 39871
    (h) table amended..................42966, 49623, 51112, 51114, 53160
    Regulation at 55 FR 13488 confirmed; (h) table amended.........50006
17.12  (h) table amended............................................433,
4157, 4159, 12790, 12793, 12797, 13491, 13910, 24246, 25599, 29370, 
32255, 32257
    (h) table amended; eff. 10-29-90........................39864, 39867
    (h) table amended.......................................49050, 50187
17.40  (c)(1) revised; (c)(3) added.................................9135
17.42  (e) added...................................................12191
17.95  (a) amended...................................................428
    (b) amended....................................................51114
18  Authority citation revised.....................................14978
18.3  Amended......................................................14978
18.27  (c) amended.................................................28765
20  Frameworks..............................................33264, 38909
20.102  Revised....................................................35267

[[Page 894]]

20.104  Seasonal hunting adjustments...............................41645
20.105  Technical correction.......................................36933
    Seasonal hunting adjustments...................................41645
20.106  Revised....................................................35267
20.107  Revised....................................................39829
20.108  Revised....................................................33630
20.109  Seasonal hunting adjustments...............................41647
20.110  Seasonal hunting adjustments........................35640, 40394
    (i)(2) correctly revised.......................................52997
21.44  Introductory text corrected.................................17352
23  Authority citation revised......................................5849
23.23  (d)(1) revised; (f) table amended......................5849, 5850
    (f) corrected...................................................7715
24.12  (a) amended.................................................11920
32.11  Amended.....................................................36650
32.12  (ll)(2) removed; (ll) (3) and (4) redesignated as (ll) (2) 
        and (3) amendment withdrawn................................35906
    (f)(4) through (15) redesignated as (f)(5) through (16); new 
(f)(4) added; (qq)(2) revised......................................36650
    (y)(1) redesignated as (y)(2); new (y)(1), (f)(7)(vii), 
(hh)(4)(v), (11)(vii), (mm)(1)(vii), (5)(vii), (7)(vi) and 
(qq)(4)(vii) added; (d)(1), (3), (k)(2), (m), (g), (u)(2) through 
(6), (dd)(3), (hh)(11)(v), (mm)(1)(ii), (5)(vi), (7)(i), (v), 
(pp), (qq)(4)(ii), (v), (5)(iv), (6), (7)(iii) and (iv) revised; 
(cc)(2)(v) and (vi) removed........................................43135
32.21  Amended.....................................................36650
32.22  (q)(3)(i) and (ff)(10)(ii) correctly designated as 
        (q)(4)(i) and (ff)(8)(ii)..................................35906
    (q)(6) and (7) and (dd)(4), (5), (6) redesignated as (q)(7) 
and (8) and (dd)(6), (7), and (8); new (q)(6) and (dd)(4) and (5) 
added..............................................................36650
    (c)(1), (h)(4), (k), (l)(2), (r), (v)(2) through (4), (6), 
(7), (bb)(2) and (oo)(2) revised; (q)(4)(iv), (8)(iv) and (z)(1) 
added..............................................................43137
32.31  Amended.....................................................36650
32.32  (d)(5) correctly designated as (d)(6).......................35906
    (r)(7) and (8) and (rr)(4) redesignated as (r)(8) and (9) and 
(rr)(5); (r)(7), (t)(3) and new (rr)(4) added; (uu)(3) removed.....36651
    (gg)(2)(vi) and (rr)(3)(vii) removed; (gg)(2)(vii) 
redesignated as (gg)(2)(vi); (h)(5), (i)(5), (l)(2), (3), (r)(1), 
(2), (r)(4)(i), (ii), (9)(i), (ii), (t)(2), (y)(2) through (7), 
(gg)(5), (nn)(1), (3), (4), (rr)(2), (3)(ii) through (vi), 
(tt)(3)(i) revised; (ff)(2)(i), (ii), (iii), (tt)(3)(iv) through 
(vi) added.........................................................43137
33.4  Amended.......................................................7336
    Amended........................................................36651
33.8  (a) introductory text revised; (6) added......................7336
33.13  (h) removed; (a) through (g) redesignated as (b) through 
        (h); new (a) added..........................................7336
33.17  (b)(4) and (d) heading revised...............................7336
33.19  (d) heading revised..........................................7336
33.22  (f) and (g) redesignated as (g) and (h); (e) and new (g)(4) 
        revised; new (f) added......................................7336
    (b) through (g) and (h) redesignated as (c) through (h) and 
(j); new (b) and (i) added.........................................36651
33.26  (a)(2)(i) revised; (a)(2)(ii) removed; (a)(2)(iii) through 
        (v) redesignated as (a)(2)(ii) through (iv).................7336
33.27  (b) and (f) heading revised..................................7336
33.32  (a)(1) through (3) and (b)(2) revised; (b)(4) through (8) 
        added.......................................................7337
33.34  (a)(2) and (3) revised.......................................7337
33.37  (f) added...................................................36651
33.53  (d) revised..................................................7337
    (a) and (b) correctly added....................................23549
100  Added (temporary).............................................27121

                                  1991

50 CFR
                                                                   56 FR
                                                                    Page
Chapter I
16  Authority citation revised.....................................56942
16.13  (a)(1) revised..............................................56942
17  Policy statement...............................................10809
17.11  (h) table amended.....800, 1459, 1462, 1463, 13600, 19814, 21087, 
                                              28349, 28717, 40267, 41488

[[Page 895]]

    (h) table corrected.............................................1228
    (h) table amended; eff. to 2-20-92.............................28828
    (h) table amended; effective to 4-3-92.........................37671
    (h) table amended; eff. 10-30-91..................49649. 49653,49658
    (h) table amended; interim.......................54957, 54967, 56333
    (h) table amended..............................................64723
17.12  (h) table amended...1453, 1456, 1936, 16024, 11959, 21091, 21096, 
                                                            32983, 34154
    (h) table amended; eff. 10-11-91...............................46238
    (h) table amended; eff. 10-21-91........................47694, 47699
    (h) table amended; eff. 10-28-91........................48751, 48755
    (h) table amended; eff. 10-30-91.................49636, 49639, 49643
    (h) table amended.....2053, 49853, 55785, 57849, 60937, 60940, 61182
17.40  (g) revised.................................................27443
    (h) added......................................................40267
17.44  (v) added...................................................49648
17.84  (g) added...................................................41488
18.27  (f)(1) amended; effective to 6-14-96........................27463
18.111--18.119 (Subpart I)  Added; effective to 6-14-96............27463
18.118  (a)(2) added; eff. 11-1-91.................................27464
20  Frameworks..............................................41608, 42806
    Seasonal hunting adjustments...................................43544
    Frameworks..............................................49104, 49354
20.105  Amended....................................................22102
20.108  Revised....................................................22102
20.110  (d) corrected..............................................46239
    Seasonal hunting adjustments...................................49629
23  Policy statement...............................................10809
23.23  (a) amended.................................................49709
    (f) revised....................................................49709
    (a) amended; (f) revised.......................................49709
    (f) table amended..............................................50060
23.51  (e)(1) revised..............................................41810
25.23  Added.......................................................66795
32.2  (j) added....................................................66795
32.11  Amended.....................................................58182
32.12  (f)(4)(1) and (2) redesignated as (f)(4)(i) and (ii)..........796
    (y)(2) correctly redesignated as (y)(3)........................26620
    (f)(11) through (16), (aa) introductory text, (aa)(1) through 
(7) and (dd)(5) redesignated as (f)(12) through (17) (aa)(1) 
introductory text, (i) through (vii) and (dd)(6); new (f)(11), 
(aa) introductory text and (dd)(5) added; (aa)(1) introductory 
text amended.......................................................58182
    (f)(3), (i)(4), (p)(2), (4)(iii), (5), (s)(2), (u)(1), (y)(2) 
heading, (i), (ii), (hh)(4)(i), (10)(ii), (11)(ii), (jj)(2), 
(qq)(4)(ii), (v), (7)(i) and (iii) revised; (hh)(10)(v), 
(11)(viii) and (qq)(4)(viii) added.................................66795
32.21  Amended.....................................................58183
32.22  (dd)(4)(1) and (2) redesignated as (dd)(4)(i) and (ii); 
        (dd)(5)(1) redesignated as (dd)(5)(i)........................796
    (v)(2) through (7) redesignated as (v)(3) through (8); new 
(v)(2) and (cc)(3) added...........................................58183
    (e)(2), (4)(i), (10)(i), (p), (q)(2), (v)(1), (dd)(1), 
(ff)(1)(i), (iii), (6)(ii), (iv), (8)(ii), (hh)(2), (jj)(4), 
(nn)(3) and (5)(ii) revised; (q)(5)(iv) added......................66796
32.31  Amended.....................................................58183
32.32  (t)(3)(1) redesignated as (t)(3)(i); (rr)(4)(1) through (5) 
        redesignated as (rr)(4)(i) through (v).......................797
    (k) through (uu) redesignated as (l) through (vv); new 
(u)(3)(1) and (z)(2) through (7) redesignated as (u)(3)(i) and 
(z)(3) through (8); new (k), (z)(2) and (hh)(6) added..............58183
    (s)(2), (6), (t), (z)(1), (ii)(1), (mm)(2), (pp)(1)(iii) 
through (ix), (ss)(4)(iv) and (tt)(3)(ii) revised; (s)(5)(iii) and 
(iv) added.........................................................66796
32.41 (Subpart D)  Removed.........................................66797
33.2  (e) amended; (f) added.......................................24349
    (f) removed....................................................66797
33.4  Amended......................................................58183
33.5  (d)(3) and (4) added.........................................24349
33.8  (f)(1) revised...............................................24349
33.9  (a), (c) and (h) removed; (b), (d), (e), (f), (g), (i), (j) 
        and (k) redesignated as (a) through (h); new (b) and new 
        (h)(2) revised.............................................24349

[[Page 896]]

33.12  (a)(5) added................................................24350
33.17  (a)(1), (b)(3) and (c)(1) through (4) revised; (c)(5) 
        through (8) removed........................................24350
33.22  (c)(1) through (5) and (f) revised; (c)(6) removed..........24350
    (a) through (j) redesignated as (b) through (k); new (a) added
                                                                   58183
33.27  (e) revised.................................................24350
33.28  (b) redesignated as (c); new (b) added......................24350
    (d) added......................................................58183
33.32  (c) added...................................................24350
33.40  (b)(2) revised..............................................24350
33.41  (g)(4) removed; (g)(5) redesignated as (g)(4)...............24350
33.53  (b)(1) and (2) revised; (b)(3) added........................24350
33.55  (a)(3) added................................................24351
60  Authority citation revised.....................................19041
60.10  Revised.....................................................19041
60.11  Revised.....................................................19041
91  Authority citation revised.....................................22815
91.1  Revised......................................................22815
91.2  Amended......................................................22815
91.4  Introductory text revised....................................22815
91.12  Amended.....................................................22815
91.14  Amended.....................................................22815
91.15  Revised.....................................................22815
91.16  Revised.....................................................22815
91.21  Revised.....................................................22815
91.24  (b), (c) and (f) through (i) revised; (j) added.............22816
91.31  Revised.....................................................22816
100.14  (a) revised................................................29313
100.23--100.25 (Subpart D)  Revised................................29313
100.23  (n)(1)(vii) table, (8)(ii) table and (25)(iii) table 
        corrected; (n)(14)(iii) and (iv) correctly designated......43553
100.24  (f)(7)(C) and (13)(vi)(C) correctly designated; 
        (f)(10)(vii) through (xxii)(C) and (f)(11) introductory 
        text through (xiv) corrected.................................103
    (f)(5) correctly designated....................................15134

                                  1992

50 CFR
                                                                   57 FR
                                                                    Page
Chapter I
14  Authority citation revised.....................................27108
14.12  (i) and (j) amended; (k) added..............................21355
14.101--14.172 (Subpart J)  Revised................................27108
16  Embargo........................................................17857
17.11  (h) table amended......212, 594, 1834, 13661, 14790, 21569, 27858
    (h) table amended; eff. 1-1-93.................................28024
    (h) table corrected............................................44340
    (h) table amended.........................45337, 54726, 59243, 59256
17.12  (h) table amended........1403, 14653, 14785, 19819, 20588, 20592, 
                         20595, 20787, 21574, 24199, 27863, 27867, 30168
    (h) table corrected............................................28011
    (h) table amended; eff. 10-29-92...............................44708
    (h) table amended................................46339, 46344, 48747
17.40  (i) added.....................................................594
    (j) added; eff. 1-1-93.........................................28024
    (e) revised....................................................35486
    (b)(1)(i)(E) removed...........................................37478
17.95  (b) amended..................................................1834
17.108  (a)(4) through (7) added; map revised.......................5990
20  Frameworks..............................................38202, 43856
    Authority citation revised.....................................44617
20.101  Seasonal hunting adjustments...............................39074
20.102  Seasonal hunting adjustments...............................39074
20.103  Seasonal hunting adjustments...............................39075
20.104  Seasonal hunting adjustments........................39078, 44618
20.105  Seasonal hunting adjustments........................39080, 44618
    Corrected......................................................53416
20.106  Seasonal hunting adjustments........................39083, 44635
20.107  Seasonal hunting adjustments...............................44635
20.109  Seasonal hunting adjustments........................39084, 44636
20.110  Seasonal hunting adjustments........................40034, 44474
23  Authority citation revised.....................................21898
23.23  (f) table amended...........................................33452
23.57  (a) and (b)(1) revised......................................21899
100  Regulation at 55 FR 27121 effective date extended to 6-30-92 
                                                                     351
    Authority citation revised..............................22535, 22964
100.1--100.9 (Subpart A)  Revised...........................22951, 22964
100.10--100.20 (Subpart B)  Revised.........................22953, 22964

[[Page 897]]

100.15  (c) amended..................................................351
100.22--100.24 (Subpart C)  Revised.........................22957, 22964
100.25--100.27 (Subpart D)  Revised................................22535
100.25  (m)(1) table and (13) table corrected; (m)(17)(ii)(C), 
        (18)(ii)(B), 19)(ii)(D) and (25)(ii)(B) correctly revised 
                                                                   54509
    (m)(4) table amended...........................................54703

                                  1993

50 CFR
                                                                   58 FR
                                                                    Page
Chapter I
15  Revised........................................................60536
16  Authority citation revised.....................................58979
16.13  Revised.....................................................58979
17.11  (h) table amended....4358, 5642, 5657, 5946, 12863, 12874, 14271, 
         14339, 16757, 25746, 25763, 27480, 34931, 40538, 41391, 43819, 
                                                            46033, 49880
    (h) table amended; eff. 10-25-93.................49873, 49879, 49937
    (h) table amended..................53804, 53807, 54065, 65095, 68486
17.12  (h) table amended........8242, 11552, 18035, 18041, 25746, 25754, 
         25758, 32311, 33565, 35890, 37442, 40547, 40551, 41383, 41391, 
                                                            49244, 49247
    Regulation at 58 FR 40538 effective date corrected to 8-27-93 
                                                                   44734
    (h) table amended; eff. 10-25-93...............................49879
    (h) table amended................................52030, 62049, 68480
17.21  (g)(1) introductory text revised............................68325
17.41  (b) added...................................................65095
17.42  (c)(1)(i)(A) amended; eff. 10-25-93.........................49873
17.84  (h) added....................................................5657
    (c)(1), (4), (5)(iii), (6), (9), (10) and (11) correctly 
revised; (c)(5)(iv) correctly added; CFR correction................52031
17.95  (a) amended.................................................46034
17.96  (a) amended.................................................49247
17.102  Amended; eff. 5-17-93 through 9-14-93......................31662
17.108  (a)(3) and map revised; (a)(4), (5) and (6) added; eff. 
        11-15-92 through 3-15-93....................................5645
    (c) and illustration added; eff. 5-17-93 through 9-14-93.......31662
18.121--18.129 (Subpart J)  Added; eff. 12-16-93 through 6-16-95 
                                                                   60410
20  Authority citation revised..............................15098, 50703
    Frameworks..............................................44576, 50188
    Temporary regulations..........................................65656
20.20  Added.......................................................15098
20.101  Seasonal hunting adjustments...............................45394
20.102  Seasonal hunting adjustments...............................45394
20.103  Seasonal hunting adjustments...............................45395
20.104  Seasonal hunting adjustments........................45398, 50704
20.105  Seasonal hunting adjustments........................45400, 50705
20.106  Seasonal hunting adjustments........................45402, 50720
20.107  Seasonal hunting adjustments...............................50721
20.109  Seasonal hunting adjustments........................45403, 50721
    Corrected......................................................50211
20.110  Seasonal hunting adjustments........................46060, 50214
24.12  (a) and (e) amended.........................................68543
32  Revised.........................................................5064
32.7  Amended...............................................29073, 29084
32.8  Table amended................................................42880
32.20  Amended.....................................................29073
32.22  Amended.....................................................29073
32.23  Amended.....................................................29073
32.24  Amended..............................................29073, 29084
32.27  Amended.....................................................29074
32.32  Amended.....................................................29074
32.33  Amended.....................................................29074
32.34  Amended.....................................................29084
32.37  Amended.....................................................29074
32.38  Amended.....................................................29075
32.39  Amended.....................................................29075
32.40  Amended.....................................................29075
32.42  Amended..............................................29075, 29085
32.43  Amended.....................................................29085
32.45  Amended.....................................................29075
32.49  Amended.....................................................29075
32.51  Amended.....................................................29076
32.52  Amended..............................................29076, 29085
32.53  Amended.....................................................29085
32.56  Amended.....................................................29076
32.57  Amended.....................................................29076
32.60  Amended..............................................29076, 29085
32.62  Amended.....................................................29085
32.63  Amended.....................................................29076
32.65  Amended.....................................................29076
32.66  Amended..............................................29077, 29085

[[Page 898]]

32.67  Amended.....................................................29077
32.69  Amended.....................................................29077
33  Removed.........................................................5700
85  Added; interim.................................................36620
85.20  (a)(1) OMB number pending...................................36621
100.25  (m)(25) table amended; eff. 9-22-92 through 6-30-93........17778
    Authority citation revised.....................................31258
    (b)(2)(i) introductory text, (iv) introductory text and (f) 
revised; (m)(1) table amended......................................61811
100.25--100.27 (Subpart D)  Revised; eff. 7-1-93 through 6-30-94 
                                                                   31258
100.26  (e)(4)(xx) added; effective 4-5-93 through 6-30-93.........31176

                                  1994

50 CFR
                                                                   59 FR
                                                                    Page
Chapter I
14.3  Added........................................................41714
14.12  (j) and (k) amended; (l) added..............................33212
14.23  Added.......................................................41714
14.64  (c) added...................................................41714
14.92  (a)(2) and (3) amended; (a)(4) added........................41714
14.106  (a) amended................................................36719
15.11  (b) and (c) amended.........................................62255
15.31--15.33 (Subpart D)  Added....................................62262
17  Petition findings.......................................30254, 48406
    Draft recovery plan............................................49032
17.11  (h) table amended.........4856, 5498, 10584, 13397, 13836, 17998, 
                                31095, 36995, 42691, 42711, 48152, 49764
    (h) table amended; eff. 1-31-94 through 9-28-94.................5310
    (h) table amended; eff. 4-18-94 to 12-14-94....................18327
    (h) table amended; eff. 10-6-94................................46002
    (h) table amended; eff. 10-11-94...............................46715
    (h) table amended...50805, 60264, 60278, 60334, 63264, 64623, 64866, 
                                                            65276, 65512
    (h) table amended; eff. 8-18-94 to 5-26-95.....................54840
17.12  (h) table amended....5509, 8141, 9327, 9936, 10323, 13840, 14371, 
                         14493, 15345, 32937, 35864, 42175, 43652, 43664
    (h) table amended; eff. 10-11-94...............................46718
    (h) table amended; eff. 10-26-94...............................49031
    (h) revised....................................................49848
    (h) table amended; eff. 10-31-94...............................49863
    (h) table amended....50857, 56333, 56350, 59177, 60568, 62352, 64623
17.84  (g) revised.................................................42691
    (g) illustration added..................................42693, 42714
    (g) amended....................................................42711
    (i) added......................................................60264
    (i) revised....................................................60279
17.95  (b) amended..................................................4856
    (c) amended.....................................................5845
    (c) corrected...................................................9032
    (e) amended......................................10905, 10914, 13397
    (e) amended....................................................65276
17.108  (a)(3) through (6) and illustration revised; (a)(7) 
        removed....................................................24658
20  Frameworks..............................................42474, 49304
    Authority citation revised.....................................45589
    Authority citation revised.....................................50425
20.20  (b) and (c) revised; (d) and (e) added......................53336
20.101  Revised....................................................45589
20.102  Revised....................................................45589
20.103  Revised....................................................45590
    Corrected......................................................59967
20.104  Revised....................................................45592
    Seasonal hunting adjustments...................................50426
    Table corrected................................................55531
20.105  (a) through (d) revised....................................45593
    Seasonal hunting adjustments...................................50427
    Corrected......................................................60060
20.106  Revised....................................................45596
    Seasonal hunting adjustments...................................50442
    Corrected......................................................60060
20.107  Seasonal hunting adjustments...............................50442
20.109  Revised....................................................45597
    Seasonal hunting adjustments...................................50443
    Corrected......................................................60060
20.110  Revised.............................................45237, 48571
21.29  (k) amended.................................................11204
23.23  (f) table amended......................41983, 41985, 41987, 41989
24.12  (e) redesignated as (g) and amended; new (e) and (f) added 
                                                                   14121
    (e) amended....................................................42775
32.7  Amended.................................................6685, 6688
    Amended..........................................55183, 55191, 55196
32.20  Amended......................................................6688

[[Page 899]]

    Amended........................................................55183
32.22  Amended......................................................6688
    Amended........................................................55183
32.23  Amended......................................................6689
    Amended........................................................55184
32.24  Amended......................................................6689
    Amended........................................................55184
32.25  Amended......................................................6685
32.28  Amended......................................................6690
    Amended........................................................55185
32.29  Amended......................................................6691
    Amended........................................................55185
32.30  Amended......................................................6691
32.31  Amended......................................................6691
32.32  Amended................................................6685, 6692
    Amended........................................................55185
32.33  Amended.....................................................55186
32.34  Amended................................................6685, 6692
    Amended........................................................55186
32.37  Amended......................................................6692
    Amended........................................................55186
32.39  Amended................................................6685, 6693
32.40  Amended......................................................6693
    Amended........................................................55186
32.41  Amended......................................................6693
    Amended........................................................55186
32.42  Amended......................................................6693
    Amended.................................................55186, 55196
32.43  Amended......................................................6694
    Amended........................................................55187
32.44  Amended......................................................6694
32.45  Amended......................................................6694
32.46  Amended.....................................................55187
32.47  Amended......................................................6694
32.49  Amended......................................................6686
    Amended........................................................55187
32.50  Amended......................................................6694
32.51  Amended......................................................6695
32.52  Amended......................................................6695
    Amended........................................................55187
32.53  Amended......................................................6686
    Amended.................................................55187, 55191
32.55  Amended......................................................6695
    Amended........................................................55187
32.56  Amended......................................................6696
    Amended........................................................55187
32.57  Amended......................................................6698
    Amended........................................................55188
32.60  Amended......................................................6698
    Amended........................................................55188
32.62  Amended......................................................6698
    Amended........................................................55188
32.63  Amended......................................................6698
    Amended........................................................55188
32.64  Amended......................................................6699
32.66  Amended......................................................6686
32.67  Amended................................................6686, 6699
    Amended........................................................55188
32.68  Revised.....................................................55197
32.69  Amended......................................................6700
32.70  Amended.....................................................55188
32.71  Amended.....................................................55188
36.3  Revised......................................................38314
36.32  (c)(1)(iv) added............................................39412
36.33  Revised.....................................................38314
36.39  (j) added; interim; eff. 6-25-94 through 9-30-94............24566
85  Revised........................................................11206
100  Policy statement..............................................36063
100.24  (a)(1) table and (2) table amended.........................27463
    (a)(2) table corrected.........................................28922
100.25  Revised; eff. 7-1-94 through 6-30-95.......................29036
100.25  (k)(1)(vii)(B) table, (18)(iii)(B) table and (20)(iii)(C) 
        table amended..............................................51858
    (k)(23)(iii)(C) table and (26)(iii)(B) table amended...........51859
100.26  Regulation at 58 FR 31289 eff. date extended to 12-31-95; 
        interim....................................................32925
100.27  Regulation at 58 FR 31294 eff. date extended to 12-31-95; 
        interim.............................................28922, 32925

                                  1995

50 CFR
                                                                   60 FR
                                                                    Page
Chapter I
2.2  (a), (d) and (e) revised......................................40302
17  Determination..................................................15693
    Decision.......................................................43721
    Notice.........................................................56533
17.11  (h) table amended....2903, 5267, 5273, 6974, 10715, 12906, 18947, 
                                                            29945, 36010
17.12  (h) table amended...........................61, 3561, 6684, 12486
17.40  (a) removed.................................................12906
17.41  (a) revised.................................................36010
17.84  (c)(4), (9)(i) and (10) revised.............................18947
17.95  (b) amended.................................................29945
18.121--18.129 (Subpart J)  Regulation at 58 FR 60410 eff. date 
        extended to 8-15-95........................................31258
    Regulation at 58 FR 60410 eff. date extended to 12-15-98.......42805
18.121  Amended....................................................42809
18.122  Revised.............................................31260, 42809
18.123  (b) revised................................................48209

[[Page 900]]

20  Authority citation revised..............................45629, 50747
    Frameworks.....................................................50042
20.20  (b) and (e) revised.........................................43320
20.21  (j) revised....................................................64
    Regulation at 60 FR 64 eff. date corrected to 12-30-94..........2177
    (j) introductory text and (2) revised..........................43316
20.101  Seasonal hunting adjustments...............................45020
    Revised........................................................45630
20.102  Seasonal hunting adjustments...............................45020
    Revised........................................................45630
20.103  Seasonal hunting adjustments...............................45020
    Revised........................................................45631
20.104  Seasonal hunting adjustments........................45020, 50748
    Revised........................................................45634
20.105  Seasonal hunting adjustments........................45020, 50748
    (a) through (d) revised........................................45636
20.106  Seasonal hunting adjustments........................45020, 50748
    Revised........................................................45639
20.107  Seasonal hunting adjustments........................45020, 50748
20.109  Seasonal hunting adjustments........................45020, 50748
    Revised........................................................45640
20.110  Revised.............................................46014, 50708
23.23  Revised.....................................................50480
    Correctly revised..............................................52450
23.57  (a) revised.................................................43407
    (b) heading, (1), (2), (4) and (5) revised.....................43408
25.12  (a) amended.................................................62040
32.7  Amended..................................5277, 52868, 61212, 62040
32.22  Amended.....................................................62040
32.23  Amended.....................................................62040
32.24  Amended...............................................5067, 62041
32.25  Amended.....................................................62041
32.27  Amended.....................................................62041
32.31  Amended.....................................................62041
32.32  Amended.....................................................62041
32.34  Amended.....................................................62042
32.35  Amended.....................................................62042
32.36  Amended.....................................................62042
32.37  Amended...............................................5277, 62042
32.38  Amended.....................................................62043
32.39  Amended.....................................................62043
32.40  Amended.....................................................62043
32.42  Amended.....................................................62043
32.45  Amended.....................................................62044
32.46  Amended.....................................................62044
32.47  Amended.....................................................62044
32.49  Amended..............................................52868, 62044
32.50  Amended.....................................................62045
32.51  Amended.....................................................62045
32.52  Amended.....................................................62045
32.53  Amended.....................................................62045
32.54  Amended.....................................................61492
32.55  Amended..............................................61213, 62046
32.56  Amended.....................................................62046
32.57  Amended.....................................................62047
32.60  Amended.....................................................62047
32.61  Amended.....................................................62047
32.62  Amended.....................................................62047
32.64  Amended.....................................................62047
32.65  Amended.....................................................62047
32.66  Amended.....................................................62048
32.67  Amended.....................................................62048
32.68  Amended.....................................................62048
32.69  Amended.....................................................62048
32.70  Amended.....................................................62049
36.39  (j) added...................................................37311
100  Meeting.......................................................33726
    Policy statement...............................................40459
100.24  (a)(1) table amended.........................10319, 10320, 40464
    Revised........................................................31546
100.25  (e)(1) revised; (k)(6)(iii)(B) table and (9)(ii)(E) table 
        amended....................................................10320
    (k)(11) table, (12) table, (13)(ii) table, (14)(iii)(B) table, 
(16) table, (18)(iii) table and (19)(iii) table amended............10321
    (k)(20)(iii)(C) table, (21)(iii)(D) table, (25)(iii) table and 
(26)(iii)(B) table amended.........................................10322
    Added; eff. 7-1-95 through 6-30-96.............................31553
    (k)(15)(iii)(D) table amended; eff. 8-10-95 through 6-30-96....40464
100.26  Revised; eff. 7-1-95 through 12-31-96......................31588
100.27  (f)(3)(iv)(E) added........................................10322
    Revised; eff. 7-1-95 through 12-31-96..........................31593

                                  1996

50 CFR
                                                                   61 FR
                                                                    Page
Chapter I
13  Authority citation revised.....................................31867
13.11  (d)(4) table revised........................................31868
14  Authority citation revised......................................3851
14.4  Added........................................................31868

[[Page 901]]

14.12  (k) and (l) amended; (m) added...............................3851
14.15  (a) revised.................................................31868
14.21  Revised.....................................................31868
14.22  Revised.....................................................31868
14.24  Added.......................................................31869
14.32  (c)(2) revised..............................................31869
14.33  (c)(2) revised..............................................31869
    Corrected......................................................40481
14.52  (a), (b), (c) introductory text, (3) and (4) revised; 
        (c)(5) added...............................................31869
14.53  Revised.....................................................31869
14.54  (a) revised; (f) added......................................31869
14.55  Introductory text revised; (d) added........................31869
14.61  Revised.....................................................31870
    Correctly revised..............................................49980
14.62  (b)(2) removed; (b)(3) and (4) redesignated as (b)(2) and 
        (3); (a), new (b)(2), (3) and (c) revised; (d) added.......31870
14.64  (a), (b)(1) and (2) revised; (b)(3) added...................31870
14.81  Revised.....................................................31870
14.82  (a)(1)(ii)(A), (2) and (3) revised..........................31871
14.91  (a) and (c) revised.........................................31871
14.92  (a)(1) through (4), (b)(1), (2), (4) and (5) revised; 
        (a)(5) and (6) added; (b)(6) removed.......................31871
14.93  (c)(4) and (5) revised; (f) removed.........................31871
14.94  Added.......................................................31871
15.3  Amended.......................................................2091
15.32  Added........................................................2091
15.33  (b) revised..................................................2093
17  Decision.......................................................64481
    Guidance..........................................9651, 24722, 64475
17.11  (h) table amended.......11332, 25832, 26278, 32366, 48412, 54056, 
                                                                   59028
17.12  (h) table amended........4373, 10697, 31058, 41023, 43184, 52383, 
                  53088, 53107, 53123, 53130, 53137, 53152, 54357, 67497
17.42  (c) revised.................................................32366
17.84  (g) revised; illustration added.............................11332
    (j) added......................................................54057
17.95  (b) amended.................................................26278
20  Frameworks.......................................45836, 49232, 50662
    Authority citation revised..............................46358, 49639
20.20  (b) and (e) revised.........................................46352
20.21  (j) introductory text and (2) revised.......................42494
20.101  Seasonal hunting adjustments...............................46359
20.102  Seasonal hunting adjustments...............................46359
20.103  Seasonal hunting adjustments...............................46360
20.104  Seasonal hunting adjustments........................46363, 50741
20.105  Seasonal hunting adjustments.................46365, 49640, 50742
20.106  Seasonal hunting adjustments........................46368, 50756
20.107  Seasonal hunting adjustments...............................50757
20.109  Seasonal hunting adjustments........................46369, 50757
20.110  Seasonal hunting adjustments........................46354, 50941
23  Authority citation revised......................................2456
23.23  (d) introductory text revised; (f) table amended.............6795
23.53  Revised......................................................2456
32.7  Amended.................................31461, 31463, 45366, 46393
32.23  Amended..............................................45366, 46393
32.24  Amended.....................................................46393
32.28  Amended.....................................................46394
32.32  Amended..............................................45366, 46394
32.33  Amended.....................................................45366
32.34  Amended.....................................................46395
32.36  Amended..............................................31461, 46395
32.37  Amended..............................................45367, 46395
32.38  Amended.....................................................46396
32.39  Amended.....................................................46396
32.40  Amended.....................................................46396
32.42  Amended.....................................................46396
32.43  Amended..............................................45367, 46396
32.44  Amended..............................................45367, 46397
32.46  Amended.....................................................45367
32.47  Amended.....................................................46397
32.48  Added.......................................................31463
32.49  Amended.....................................................46397
32.50  Amended.....................................................46397
32.52  Amended.....................................................46397
32.55  Amended.....................................................46398
32.56  Amended.....................................................46398
32.57  Amended..............................................31461, 46398
32.64  Amended.....................................................46398
32.65  Amended.....................................................46399
32.66  Amended.....................................................46399
32.67  Amended.....................................................46399
32.68  Amended.....................................................31461
32.69  Amended.....................................................46399
32.71  Amended.....................................................46399
36.39  (c) added...................................................29497
60 (Subchapter D)  Removed.........................................53330
91.4  (e)(4) revised...............................................25155

[[Page 902]]

91.11  (b) revised.................................................25155
91.12  Revised.....................................................25155
91.14  Revised.....................................................25156
91.17  Revised.....................................................25156
91.24  (h) and (i) revised.........................................25156
100.24  Revised....................................................39702
    (a)(1) table amended...........................................48628
100.25  (k)(11) table, (12) table, (13)(iii) table, (17)(iii) 
        table, (20)(iii)(C) table, (22)(ii)(C) table amended........5688
    (k)(25)(iii)(B) table amended...................................5689
    Regulation at 60 FR 31553 eff. date extended to 7-31-96........25787
    Added; eff. 8-1-96 through 6-30-97.............................39709
    (k)(6)(iii)(B) table, (7)(iii) table, (11)(i) table, (13)(iii) 
table, (14)(iii) table, (15)(iii)(D) table amended; eff. 8-1-96 
through 6-30-97....................................................48628
    (k)(15)(iii)(D) table and (16)(iii) table amended; eff. 8-1-96 
through 6-30-97....................................................48629
100.26  Added; eff. 1-1-97 through 12-31-97........................39747
100.27  Added; eff. 1-1-97 through 12-31-97........................39751

                                  1997

50 CFR
                                                                   62 FR
                                                                    Page
Chapter I
17  Document availability...........................................3241
17.11  (h) table amended.......689, 1657, 2321, 3628, 4191, 4939, 10746, 
         23392, 30772, 31757, 31761, 33038, 38939, 39138, 39156, 44227, 
                                                     59622, 64320, 66303
17.12  (h) table amended......689, 1647, 1694, 4182, 5551, 14351, 27978, 
                         31748, 33037, 33373, 40973, 42702, 54807, 61925
17.42  (f) added...................................................59622
17.84  (h)(1), (3), (4)(ii) and (8) revised........................38939
17.95  (b) amended..........................................39138, 44228
    (b) corrected..................................................44228
17.108  (a)(7) added; eff. 11-24-97 through 3-23-98................63037
18.4  Added.........................................................7329
18.30  Added........................................................7329
20  Frameworks..............................................44229, 50660
    Authority citation revised..............................46153, 46421
20.20  (a), (b) and (e) revised....................................45708
20.21  (j) introductory text revised; (j)(2) removed................4876
    (j) introductory text revised; (j)(2) added....................43447
20.101  Seasonal hunting adjustments...............................46154
20.102  Seasonal hunting adjustments...............................46154
20.103  Seasonal hunting adjustments...............................46155
20.104  Seasonal hunting adjustments........................46158, 51300
20.105  Seasonal hunting adjustments..................6729, 46160, 51301
20.106  Seasonal hunting adjustments........................46166, 51317
20.107  Seasonal hunting adjustments...............................51318
20.109  Seasonal hunting adjustments........................46167, 51318
20.110  Seasonal hunting adjustments........................46421, 50988
20.134  (b) revised; (c) removed...................................63611
24.12  (a) and (d) amended; (e) revised............................30775
25  Authority citation revised.....................................47375
25.11  (a) revised.................................................47375
30  Authority citation revised.....................................19937
30.2  Revised......................................................19937
32.7  Amended......................................................47375
32.20  Amended.....................................................47375
32.22  Amended.....................................................47376
32.23  Amended.....................................................47376
32.24  Amended.....................................................47376
32.25  Amended.....................................................47376
32.28  Amended.....................................................47376
32.29  Amended.....................................................47377
32.30  Amended.....................................................47377
32.32  Amended.....................................................47377
32.35  Amended.....................................................47378
32.37  Amended.....................................................47378
32.42  Amended.....................................................47379
32.43  Amended.....................................................47379
32.45  Amended.....................................................47379
32.46  Amended.....................................................47380
32.47  Amended.....................................................47380
32.49  Amended.....................................................47380
32.55  Amended.....................................................47380
32.56  Amended.....................................................47381
32.57  Amended.....................................................47381
32.61  Amended.....................................................47381
32.62  Amended.....................................................47382
32.63  Amended.....................................................47382
32.64  Amended.....................................................47383
32.66  Amended.....................................................47383
32.67  Amended.....................................................47383
32.69  Amended.....................................................47383
32.70  Amended.....................................................47383

[[Page 903]]

36.3  Revised......................................................45340
36.37  Added........................................................1842
36.41  Revised.....................................................45340
85  Authority citation revised.....................................45347
85.11  Amended.....................................................45347
85.21  (a) introductory text revised...............................45348
85.30  (f) revised.................................................45348
85.43  Revised.....................................................45348
85.47  Revised.....................................................45350
91.11  (b) revised.................................................24845
91.13  Revised.....................................................24845
91.14  Revised.....................................................24845
100.24  Revised....................................................29020
    (a)(1) table amended...........................................45725
100.25  Added; eff. 7-1-97 through 6-30-98.........................29027
    (k)(6)(iii) table amended......................................45725
    (k)(7)(iii) table, (10)(ii) table, (11)(i) table, (12)(i) 
table, (13)(iii) table, (15)(iii) table, (20)(iii) table and 
(22)(ii) table amended.............................................45726
    (k)(23)(iii) table, (24)(iii) table, (25)(iii) and (26)(iii) 
table amended......................................................45727
100.26  Added; eff. 1-1-98 through 12-31-98........................29066
100.27  Added; eff. 1-1-98 through 12-31-98........................29070

                                  1998

50 CFR
                                                                   63 FR
                                                                    Page
Chapter I
2.2  (a), (c), (d) and (e) revised.................................52633
10.21  (b) revised.................................................52633
13.5  Revised......................................................52634
14  Authority citation revised.....................................52634
14.3  Revised......................................................52634
15.4  Added........................................................52634
15.21  (c) revised.................................................52634
16.22  (a) introductory text and (d) revised.......................52634
17  Critical habitat designation....................................9967
    Petition.........................................25177, 67613, 67618
    Determination..................................................32996
17.3  Amended.......................................................8870
    Amended; eff. 10-13-98.........................................48639
17.8  Added........................................................52635
17.11  (h) table amended....694, 1763, 3843, 12686, 13150, 14379, 26530, 
                  31674, 32997, 51016, 52837, 57619, 64799, 69021, 70062
    (h) table amended; eff. 8-11-98 through 4-8-99.................42762
    (h) table amended; eff. 10-5-98................................46909
17.12  (h) table amended.......19849, 43115, 44594, 53615, 54956, 54970, 
                                                            54994, 59244
    (h) table amended; eff. 10-14-98........................49021, 49034
17.21  (g) revised; eff. 10-13-98..................................48640
17.22  (b)(5) and (6) added.........................................8871
    (a)(1) introductory text and (b)(1) introductory text revised; 
(a)(1)(ix) and (b)(1)(iv) removed..................................52635
17.32  (b)(5) and (6) added.........................................8871
    (a)(1)(ix) and (b)(1)(iv) removed; (a)(1) introductory text 
and (b)(1)(i) revised..............................................52635
17.44  (v) added...................................................31674
    (v) correctly added; CFR correction............................63421
17.62  (a)(3)(iii) removed; (a) introductory text and (4) revised 
                                                                   52635
17.72  (a) introductory text and (4) revised; (a)(3)(iii) removed 
                                                                   52636
17.84  (k) added....................................................1763
    (g) revised; illustration added................................52837
17.95  (b) and (e) amended.........................................14379
17.108  (a)(7) and figure revised..................................55556
20  Frameworks..............................................46124, 51998
20.20  (a), (b) and (e) revised....................................46401
20.21  (j)(2) revised..............................................54019
    (j) introductory text revised; (j)(3) added....................54026
    (j) introductory text revised; (j)(4) added....................67624
20.101  Seasonal hunting adjustments...............................46339
20.102  Seasonal hunting adjustments...............................46339
20.103  Seasonal hunting adjustments...............................46340
20.104  Seasonal hunting adjustments.................46343, 52325, 63584
20.105  Seasonal hunting adjustments..........46345, 50170, 52326, 63584
20.106  Seasonal hunting adjustments........................46351, 52340
20.107  Seasonal hunting adjustments...............................52341
20.109  Seasonal hunting adjustments........................46352, 52341
20.110  Seasonal hunting adjustments........................46561, 52350
21.4  Revised......................................................52637
21.23  (b) introductory text revised...............................52637
21.24  (b) introductory text revised...............................52637

[[Page 904]]

21.25  (b) introductory text revised...............................52637
21.27  (b) introductory text revised...............................52637
21.30  (b) introductory text revised...............................52637
21.41  (b) introductory text revised...............................52637
21.47  Added.......................................................10560
22.4  Added........................................................52637
22.21  (a) introductory text revised...............................52638
22.22  (a) introductory text revised...............................52638
22.23  (a) introductory text revised...............................52638
22.24  (a) introductory text revised...............................52638
22.25  (a) introductory text revised...............................52638
23.15  (c) introductory text revised and (g) added.................52638
23.23  (f) table amended.............................26740, 58327, 63214
    (d) revised; (f) table amended.................................63212
32.2  Heading and introductory text revised; (k) added.............46914
32.7  Amended......................................................46914
32.20  Amended.....................................................46915
32.24  Amended.....................................................46915
32.28  Amended.....................................................46915
32.29  Amended.....................................................46915
32.32  Amended.....................................................46916
32.34  Amended.....................................................46916
32.35  Amended.....................................................46916
32.36  Amended.....................................................46916
32.37  Amended.....................................................46916
32.38  Amended.....................................................46917
32.39  Amended.....................................................46917
32.40  Amended.....................................................46917
32.42  Amended.....................................................46917
32.43  Amended.....................................................46917
32.45  Amended.....................................................46918
32.46  Amended.....................................................46918
32.47  Amended.....................................................46919
32.49  Amended.....................................................46919
32.51  Amended.....................................................46919
32.52  Amended.....................................................46919
32.53  Amended.....................................................46919
32.55  Amended.....................................................46920
32.56  Amended.....................................................46921
32.57  Amended.....................................................46921
32.59  Added.......................................................46921
32.60  Amended.....................................................46921
32.62  Amended.....................................................46921
32.63  Amended.....................................................46921
32.64  Amended.....................................................46922
32.66  Amended.....................................................46922
32.67  Amended.....................................................46922
32.68  Amended.....................................................46922
32.69  Amended.....................................................46922
32.70  Amended......................................................2182
32.71  Amended.....................................................46922
38  Added..........................................................11626
100  Meetings......................................................46394
100.24  Revised....................................................35336
100.25  Added; eff. 7-1-98 through 6-30-99.........................35344
    (k)(9)(ii) table, (10)(ii) table and (23)(iii) table amended; 
eff. 7-1-98 through 6-30-99........................................46150
    (k)(26)(iii) table amended; eff. 7-1-98 through 6-30-99........46151
100.26  Added; eff. 1-1-99 through 12-31-99........................35375
100.27  Added; eff. 1-1-99 through 12-31-99........................35380

                                  1999

  (Regulations published from January 1, 1999 through October 1, 1999)

50 CFR
                                                                   64 FR
                                                                    Page
Chapter I
13.23  (b) revised.................................................32711
13.24  Revised.....................................................32711
13.25  Revised.....................................................32711
    (d) revised....................................................52676
13.28  (a)(5) revised..............................................32711
13.50  Revised.....................................................32711
14  Authority citation revised.....................................23025
14.4  Amended......................................................23025
14.94  Heading and (a) revised; (e) added..........................23025
17  Determination...................................................5957
    Taxa classification............................................25216
17.11  (h) table amended........5981, 15704, 17124, 19308, 36288, 37435, 
                                                     41836, 46558, 47134
17.12  (h) table amended........13120, 28392, 28403, 28412, 33800, 37450
    (h) table amended; eff. 10-4-99................................48323
17.22  (b)(2) revised; (b)(7) and (8) added; (c) redesignated as 
        (e); new (c) and (d) added.................................32711
    (d)(2)(v) revised..............................................52676
17.32  (b)(2) revised; (b)(7), (8), (c) and (d) added..............32714
    (d)(2)(v) revised..............................................52676
17.44  (v) redesignated as (w); (x) added..........................17124

[[Page 905]]

17.95  (e) amended.................................................36288
    (b) amended.............................................37435, 46558
    (e) corrected..................................................39560
17.96  (a) amended.................................................37450
18.30  (i)(1) introductory text revised.............................1539
18.121--18.129 (Subpart J)  Revised; eff. 1-28-99 through 1-30-00 
                                                                    4334
20  Frameworks..............................................47072, 52124
20.11  Heading revised; (g) through (m) added......................29804
20.21  (b) and (g) revised..........................................7517
    Heading and (i) revised........................................29804
    (b) and (g) revised............................................32780
    (j) introductory text, (2) and (3) revised; (j)(4) removed.....45405
20.22  Amended......................................................7527
    Revised........................................................32780
20.101  Seasonal hunting adjustments...............................47421
20.102  Seasonal hunting adjustments...............................47421
20.103  Seasonal hunting adjustments...............................47422
20.104  Seasonal hunting adjustments........................47425, 52400
20.105  Seasonal hunting adjustments........................47427, 52401
20.106  Seasonal hunting adjustments........................47433, 52416
20.107  Seasonal hunting adjustments...............................52416
20.109  Seasonal hunting adjustments........................47434, 52416
20.110  Seasonal hunting adjustments........................47137, 51666
21.3  Amended......................................................32774
21.26  Added.......................................................32774
21.29  (a), (c), (j)(2) and (k) revised............................48566
21.60 (Subpart E)  Added............................................7527
    Removed........................................................32780
22  Authority citation revised.....................................50472
22.1  Revised......................................................50472
22.2  Heading and (a) revised......................................50472
22.3  Amended; heading revised.....................................50472
22.11  Revised.....................................................50472
22.12  Revised.....................................................50472
22.21  Heading, introductory text, (a) introductory text, (b) and 
        (c) introductory text revised; (a)(1) through (a)(6) 
        redesignated as (a)(3)(i) through (a)(3)(vi); new (a)(1), 
        new (2) and (3) introductory text added....................50472
22.22  Heading, introductory text, (a) introductory text, (5), (b) 
        introductory text, (2), (c) introductory text and (d) 
        revised; (a)(6) removed....................................50473
22.23  Heading, (a) introductory text, (b) heading and (4) revised
                                                                   50473
22.25  Heading and (a) introductory text revised...................50474
23.23  (f) table amended...........................................31991
23.53  Revised.......................................................774
25.12  Amended; heading revised....................................14150
36  Authority citation revised.....................................14151
36.1  Heading and (b) revised; (c) added...........................14151
36.2  Amended; heading revised.....................................14151
36.33  Heading revised; (a) amended................................14151
36.39  (i)(7) revised..............................................14154
100.1--100.9 (Subpart A)  Revised...................................1286
100.10--100.20 (Subpart B)  Revised.................................1289
100.22--100.24 (Subpart C)  Revised.................................1293
100.24  Revised....................................................35780
    (a) introductory text and (1) correctly revised................35823
100.25  Added; eff. 7-1-99 through 6-30-00.........................35788
100.26  Revised; eff. 10-1-99 through 2-28-01.......................1302
    Regulation at 64 FR 1302 eff. date corrected to 10-1-99 
through 2-28-01....................................................35821
100.27  Revised; eff. 10-1-99 through 2-28-01.......................1311
    Regulation at 64 FR 1311 eff. date corrected to 10-1-99 
through 2-28-01....................................................35821


                                  
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