[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2003 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

   

                    50


          Parts 18 to 199

                         Revised as of October 1, 2003

Wildlife and Fisheries





          Containing a codification of documents of general 
          applicability and future effect
          As of October 1, 2003
          With Ancillaries
          Published by
          the Office of the Federal Register
          National Archives and Records
          Administration

A Special Edition of the Federal Register

[[Page ii]]






                     U.S. GOVERNMENT PRINTING OFFICE
                            WASHINGTON : 2003



  For sale by the Superintendent of Documents, U.S. Government Printing 
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[[Page iii]]




                            Table of Contents



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

  Title 50:
          Chapter I--United States Fish and Wildlife Service, 
          Department of the Interior (Continued)                     3
  Finding Aids:
      Table of CFR Titles and Chapters........................     497
      Alphabetical List of Agencies Appearing in the CFR......     515
      List of CFR Sections Affected...........................     525

[[Page iv]]





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

                     Cite this Code: CFR
                     To cite the regulations in 
                       this volume use title, 
                       part and section number. 
                       Thus, 50 CFR 18.1 refers 
                       to title 50, part 18, 
                       section 1.

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

[[Page v]]



                               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, 2003), 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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

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 (Table I). 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.

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 202-741-6000 
or write to the Director, Office of the Federal Register, National 
Archives and Records Administration, Washington, DC 20408 or e-mail 
[email protected].

SALES

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ELECTRONIC SERVICES

    The full text of the Code of Federal Regulations, the LSA (List of 
CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
Documents and the Privacy Act Compilation are available in electronic 
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free). E-mail, [email protected].

[[Page vii]]

    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.archives.gov/federal--
register. The NARA site also contains links to GPO Access.

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

October 1, 2003.

[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of seven volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to 
End and 17.100 to End), parts 18-199, parts 200-599 and part 600 to End. 
The first five volumes (parts 1-16, part 17 (17.1 to 17.95), part 17 
(17.96 to 17.99(h)), part 17 (part 17.99(i) to End and 17.100 to End), 
and parts 18-199) contain the current regulations issued under chapter 
I--United States Fish and Wildlife Service, Department of the Interior. 
The sixth 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 
seventh 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, 2003.

    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.

[[Page x]]




[[Page 1]]



                    TITLE 50--WILDLIFE AND FISHERIES




                  (This book contains parts 18 to 199)

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

chapter i--United States Fish and Wildlife Service, 
  Department of the Interior (Continued)....................          18

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, Sec.Sec. 
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.

[[Page 3]]



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




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

   SUBCHAPTER B--TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, 
 BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS (CONTINUED)
Part                                                                Page
18              Marine mammals..............................           5
19              Airborne hunting............................          29
20              Migratory bird hunting......................          31
21              Migratory bird permits......................          51
22              Eagle permits...............................          77
23              Endangered species convention...............          87
24              Importation and exportation of plants.......         127
            SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM
25              Administrative provisions...................         130
26              Public entry and use........................         138
27              Prohibited acts.............................         145
28              Enforcement, penalty, and procedural 
                    requirements for violations of parts 25, 
                    26, and 27..............................         151
29              Land use management.........................         153
30              Range and feral animal management...........         164
31              Wildlife species management.................         164
32              Hunting and fishing.........................         165
34              Refuge revenue sharing with counties........         260
35              Wilderness preservation and management......         264
36              Alaska National Wildlife Refuges............         267
37              Geological and geophysical exploration of 
                    the coastal plain, Arctic National 
                    Wildlife Refuge, Alaska.................         292
38              Midway Atoll National Wildlife Refuge.......         314
                         SUBCHAPTER D [RESERVED]
        SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS
70              National fish hatcheries....................         318

[[Page 4]]

71              Hunting and fishing on national fish 
                    hatchery areas..........................         319
  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........................         321
81              Conservation of endangered and threatened 
                    species of fish, wildlife, and plants--
                    cooperation with the States.............         330
82              Administrative procedures for grants-in-aid 
                    (Marine Mammal Protection Act of 1972)..         334
83              Rules implementing the Fish and Wildlife 
                    Conservation Act of 1980................         339
84              National Coastal Wetlands Conservation Grant 
                    Program.................................         344
85              Clean Vessel Act Grant Program..............         359
86              Boating Infrastructure Grant (BIG) Program..         368
                 SUBCHAPTER G--MISCELLANEOUS PROVISIONS
90              Feeding depredating migratory waterfowl.....         383
91              Migratory bird hunting and conservation 
                    stamp contest...........................         385
92              Migratory bird subsistence harvest in Alaska         389
                SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS
96-99           [Reserved]
100             Subsistence management regulations for 
                    public lands in Alaska..................         397
101-199         [Reserved]

Appendix A to Chapter I--Codes for the Representation of 
  Names of Countries (Established by the International 
  Organization for Standardization).........................         493

[[Page 5]]



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





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]

    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.



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.

[[Page 6]]

    (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 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.

[[Page 7]]

 
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 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]

[[Page 8]]



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 Sec.Sec. 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 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

[[Page 9]]

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 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,

[[Page 10]]

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:

    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

[[Page 11]]

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 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

[[Page 12]]

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 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

[[Page 13]]

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 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

[[Page 14]]

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 agencies shall 
also constitute citizens of the United States for purposes of this 
section.
    Incidental, but not intentional, taking means takings which are 
infrequent,

[[Page 15]]

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 knowledge of the species 
through an analysis of the level of taking or impacts and suggested 
means of minimizing burdens by coordinating such

[[Page 16]]

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 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.

[[Page 17]]

    (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) or Nunavut Territory 
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 or Nunavut Territory export permit; or
    (iv) A certification from the Department of Resources, Wildlife, and 
Economic Development, Northwest Territories, or the Department of 
Sustainable Development, Nunavut Territory, 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 18]]

    (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 19]]

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 and Nunavut 
Territory, Canada, have 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 
(only for polar bears lawfully taken on or before May 31, 2000), 
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

[[Page 20]]

    (iii) For all populations, management agreements among all 
management entities with scientifically sound quotas are in place; and
    (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; 66 
FR 1907, Jan. 10, 2001; 66 FR 50851, Oct. 5, 2001]



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

[[Page 21]]

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 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

[[Page 22]]

the director determines that a hearing would otherwise be advisable, the 
director may, within 60 days after the 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.

[[Page 23]]

Fish and Wildlife Service, to: (1) Impose regulations governing the 
taking 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 Sec.Sec. 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;

[[Page 24]]

    (11) The docket number assigned to the case which shall be used in 
all subsequent proceedings; and
    (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

[[Page 25]]

of the hearing and the reason(s) why such issues should be considered at 
the hearing.
    (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

[[Page 26]]

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 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

[[Page 27]]

presented by the prehearing conference, the presiding officer shall 
determine the relevancy of such testimony.
    (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.

[[Page 28]]

    (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 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.

[[Page 29]]



Subpart H--Waiver of Moratorium on Taking and Importation of Individual 
                          Marine Mammal Species

    Source: 41 FR 14373, Apr. 5, 1976, unless otherwise noted.



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]



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

[[Page 30]]

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.



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

[[Page 31]]

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.
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.

[[Page 32]]

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 [Reserved]

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; 16 U.S.C. 742 a-j; Pub. L. 106-108.

    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.



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.
    (e) Migratory bird subsistence harvest in Alaska. The provisions of 
this part, except for paragraphs (a) through (d) of this section, are 
not applicable to the regulations governing the migratory bird 
subsistence harvest in Alaska (part 92 of this subchapter) unless 
specifically referenced in part 92 of subchapter G of this chapter.

[38 FR 22021, Aug. 15, 1973, as amended at 68 FR 43027, July 21, 2003]



                         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);

[[Page 33]]

    (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 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

[[Page 34]]

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 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.

[[Page 35]]

    (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. This restriction does not apply during a light-
goose-only season (lesser snow and Ross' geese) when all other waterfowl 
and crane hunting seasons, excluding falconry, are closed while hunting 
light geese in Central and Mississippi Flyway portions of Alabama, 
Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, 
Tennessee, Texas, Wisconsin, and Wyoming.
    (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 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. This restriction does not apply during a light-
goose-only season (lesser snow and Ross' geese) when all other waterfowl 
and crane hunting seasons, excluding falconry, are closed while hunting 
light geese in Central and Mississippi Flyway portions of Alabama, 
Arkansas, Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, New Mexico, North Dakota, Ohio, Oklahoma, South Dakota, 
Tennessee, Texas, Wisconsin, and Wyoming.
    (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;

[[Page 36]]

    (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 tungsten-
nickel-iron (50% tungsten: 35% nickel: 15% iron with <1 percent residual 
lead) shot, or tungsten-iron-nickel-tin (65% tungsten: 10.4% iron: 2.8% 
nickel: 21.8% tin with < 1 percent residual lead) shot, or such shot 
approved as nontoxic by the Director pursuant to procedures set forth in 
Sec. 20.134, provided that 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.

[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; 64 FR 71237, Dec. 20, 
1999; 65 FR 53940, Sept. 6, 2000; 66 FR 742, Jan. 4, 2001; 66 FR 32265, 
June 14, 2001; 68 FR 1392, Jan. 10, 2003]



Sec. 20.22  Closed seasons.

    No person may take migratory game birds during the closed season 
established in this part except as provided in parts 21 and 92 of this 
chapter.

[68 FR 43027, July 21, 2003]



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

[[Page 37]]

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, 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

[[Page 38]]

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 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.

[[Page 39]]



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 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.

[[Page 40]]



               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 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.

[[Page 41]]



     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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.

[[Page 42]]



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



         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

[[Page 43]]

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.

    In Alaska, any person may, for subsistence purposes, take, possess, 
and transport, in any manner, from September 1 through April 1, snowy 
owls and cormorants for food and their skins for clothing, but birds and 
their parts may not be sold or offered for sale.

[68 FR 43027, July 21, 2003]



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 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.

[[Page 44]]

    (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., LD50<5 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 
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.

[[Page 45]]

    (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 [le] Q [le] 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 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

[[Page 46]]

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[reg]-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 No. 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[reg] 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-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

[[Page 47]]

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.
    (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

[[Page 48]]

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 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

[[Page 49]]

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 
([alpha]=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 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.

[[Page 50]]

    (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 [Reserved]



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 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;

[[Page 51]]

    (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.
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.

      Subpart E--Control of Overabundant Migratory Bird Populations

21.60 Conservation order for mid-continent light geese.

    Authority: Pub. L. 95-616; 92 Stat. 3112 (16 U.S.C. 712(2)); Pub. L. 
106-108.

    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

[[Page 52]]

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.
    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 may 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 of this chapter, or as permitted by 
regulations in this part, or part 20 of this subchapter (the hunting 
regulations), or part 92 of subchapter G of this chapter (the Alaska 
subsistence harvest regulations). Birds taken or possessed under this 
part in ``included areas'' of Alaska as defined in Sec. 92.5(a) are 
subject to this part and not to part 92 of subchapter G of this chapter.

[68 FR 43027, July 21, 2003]

[[Page 53]]



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) 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

[[Page 54]]

    (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 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

[[Page 55]]

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 Sec.Sec. 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
    (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

[[Page 56]]

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.
    (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

[[Page 57]]

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 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:

[[Page 58]]

    (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 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

[[Page 59]]

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 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

[[Page 60]]

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 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 Sec.Sec. 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

[[Page 61]]

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 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.

[[Page 62]]

    (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/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

[[Page 63]]

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 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

[[Page 64]]

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:
    (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

[[Page 65]]

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 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

[[Page 66]]

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.
    (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) States meeting Federal falconry standards. We have determined 
that the following States meet or exceed the minimum Federal falconry 
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 cooperative Federal/State permit 
system are designated by an asterisk (*).

*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado, 
*Delaware, *Florida, *Georgia, *Idaho, *Illinois, *Indiana, *Iowa, 
*Kansas, *Kentucky, *Louisiana, Maine, Maryland, Massachusetts, 
*Michigan, *Minnesota, *Mississippi, Missouri, *Montana, *Nebraska, 
*Nevada, *New Hampshire, *New Jersey, New Mexico, New York, *North 
Carolina, *North Dakota, *Ohio, Oklahoma, *Oregon, Pennsylvania, Rhode 
Island, *South Carolina, *South Dakota, *Tennessee, Texas, Utah,

[[Page 67]]

*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; 65 FR 49509, Aug. 14, 2000]



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 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,

[[Page 68]]

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 (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:

[[Page 69]]

    (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.
    (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

[[Page 70]]

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:
    (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:

[[Page 71]]

    (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]



                 Subpart D--Control of Depredating Birds



Sec. 21.41  Depredation permits.

    (a) Permit requirement. Except as provided in Sec.Sec. 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]

[[Page 72]]



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 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

[[Page 73]]

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 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

[[Page 74]]

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]



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

[[Page 75]]

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]



      Subpart E--Control of Overabundant Migratory Bird Populations



Sec. 21.60  Conservation order for mid-continent light geese.

    (a) Which waterfowl species are covered by this order? This 
conservation order addresses management of lesser snow (Anser c. 
caerulescens) and Ross' (Anser rossii) geese that breed, migrate, and 
winter in the mid-continent portion of North America, primarily in the 
Central and Mississippi Flyways (mid-continent light geese).
    (b) In what areas can the conservation order be implemented? (1) The 
following States, or portions of States, that are contained within the 
boundaries of the Central and Mississippi Flyways: Alabama, Arkansas, 
Colorado, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, 
Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New 
Mexico, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Texas, 
Wisconsin, and Wyoming.
    (2) Tribal lands within the geographic boundaries in paragraph 
(b)(1) of this section.
    (3) The following areas within the boundaries in paragraph (b)(1) of 
this section are closed to the conservation order after 10 March of each 
year: Monte Vista National Wildlife Refuge (CO); Bosque del Apache 
National Wildlife Refuge (NM); the area within 5 miles of the Platte 
River from Lexington, Nebraska to Grand Island, Nebraska; the following 
area in and around Aransas National Wildlife Refuge; those portions of 
Refugio, Calhoun, and Aransas counties that lie inside a line extending 
from 5 nautical miles offshore to and including Pelican Island, thence 
to Port O'Conner, thence northwest along State Highway 185 and southwest 
along State Highway 35 to Aransas Pass, thence southeast along State 
Highway 361 to Port Aransas, thence east along the Corpus Christi 
Channel, thence southeast along the Aransas Channel, extending to 5 
nautical miles offshore; except that it is lawful to take mid-continent 
light geese after 10 March of each year within the Guadalupe WMA. If at 
any time we receive evidence that a need to close the areas in this 
paragraph (b)(3) no longer exists, we will publish a proposal to remove 
the closures in the Federal Register.
    (c) What is required in order for State/Tribal governments to 
participate in the conservation order? Any State or Tribal government 
responsible for the management of wildlife and migratory birds may, 
without permit, kill or cause to be killed under its general 
supervision, mid-continent light geese under the following conditions:
    (1) Activities conducted under this section may not affect 
endangered or threatened species as designated under the Endangered 
Species Act.
    (2) Control activities must be conducted clearly as such and are 
intended to relieve pressures on migratory birds and habitat essential 
to migratory bird

[[Page 76]]

populations only and are not to be construed as opening, re-opening, or 
extending any open hunting season contrary to any regulations 
promulgated under section 3 of the Migratory Bird Treaty Act.
    (3) Control activities may be conducted only when all waterfowl and 
crane hunting seasons, excluding falconry, are closed.
    (4) Control measures employed through this section may be 
implemented only between the hours of one-half hour before sunrise to 
one-half hour after sunset.
    (5) Nothing in this section may limit or initiate management actions 
on Federal land without concurrence of the Federal Agency with 
jurisdiction.
    (6) States and Tribes must designate participants who must operate 
under the conditions of this section.
    (7) States and Tribes must inform participants of the requirements/
conditions of this section that apply.
    (8) States and Tribes must keep records of activities carried out 
under the authority of this section, including the number of mid-
continent light geese taken under this section, the methods by which 
they were taken, and the dates they were taken. The States and Tribes 
must submit an annual report summarizing activities conducted under this 
section on or before August 30 of each year, to the Chief, Division of 
Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634--
ARLSQ, 1849 C Street NW., Washington, DC 20240.
    (d) What is required in order for individuals to participate in the 
conservation order? Individual participants in State or tribal programs 
covered by this section are required to comply with the following 
requirements:
    (1) Nothing in this section authorizes the take of mid-continent 
light geese contrary to any State or Tribal laws or regulations; and 
none of the privileges granted under this section may be exercised 
unless persons acting under the authority of the conservation order 
possesses whatever permit or other authorization(s) required for such 
activities by the State or Tribal government concerned.
    (2) Participants who take mid-continent light geese under this 
section may not sell or offer for sale those birds nor their plumage, 
but may possess, transport, and otherwise properly use them.
    (3) Participants acting under the authority of this section must 
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 
must promptly furnish whatever information an officer requires 
concerning the operation.
    (4) Participants acting under the authority of this section may take 
mid-continent light geese by any method except those prohibited as 
follows:
    (i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 
larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, 
poison, drug, explosive, or stupefying substance;
    (ii) From or by means, aid, or use of a sinkbox or any other type of 
low floating device, having a depression affording the person a means of 
concealment beneath the surface of the water;
    (iii) 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;
    (iv) 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 the sails furled, and its progress therefrom has ceased. A craft 
under power may be used only to retrieve dead or crippled birds; 
however, the craft may not be used under power to shoot any crippled 
birds;
    (v) By the use or aid of live birds as decoys; although not limited 
to, it shall be a violation of this paragraph for any person to take 
mid-continent light geese on an area where tame or captive live geese 
are present unless such birds are and have been for a period of 10 
consecutive days before the taking, confined within an enclosure

[[Page 77]]

that substantially reduces the audibility of their calls and totally 
conceals the birds from the sight of mid-continent light geese;
    (vi) By means or aid of any motor-driven land, water, or air 
conveyance, or any sailboat used for the purpose of or resulting in the 
concentrating, driving, rallying, or stirring up of mid-continent light 
geese;
    (vii) By the aid of baiting, or on or over any baited area. As used 
in this paragraph, ``baiting'' means the placing, exposing, depositing, 
distributing, or scattering of shelled, shucked, or unshucked corn, 
wheat or other grain, salt, or other feed so as to constitute for such 
birds a lure, attraction or enticement to, on, or over any areas where 
hunters are attempting to take them; and ``baited area'' means any area 
where shelled, shucked, or unshucked corn, wheat or other grain, salt, 
or other feed capable of luring, attracting, or enticing such birds is 
directly or indirectly placed, exposed, deposited, distributed, or 
scattered; and such area shall remain a baited area for 10 days 
following complete removal of all such corn, wheat or other grain, salt, 
or other feed. However, nothing in this paragraph prohibits the taking 
of mid-continent light geese on or over standing crops, flooded standing 
crops (including aquatics), flooded harvested croplands, grain crops 
properly shucked on the field where grown, or grains found scattered 
solely as the result of normal agricultural planting or harvesting; or
    (viii) Participants may not possess shot (either in shotshells or as 
loose shot for muzzleloading) other than steel shot, or bismuth-tin, or 
other shots that are authorized in 50 CFR 20.21(j). Season limitations 
in that section do not apply to participants acting under this order.
    (e) Under what conditions would the conservation order be revoked? 
The Service will annually assess the overall impact and effectiveness of 
the conservation order to ensure compatibility with long-term 
conservation of this resource. If at any time we receive that clearly 
demonstrates a serious threat of injury to the area or areas involved no 
longer exists, we will initiate action to revoke the conservation order.
    (f) Will information concerning the conservation order be collected? 
The information collection requirements of the conservation order have 
been approved by OMB and assigned clearance number 1018-0103. 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. The recordkeeping and reporting requirements imposed 
under regulations established in this subpart E will be utilized to 
administer this program, particularly in the assessment of impacts 
alternative regulatory strategies may have on mid-continent light geese 
and other migratory bird populations. The information collected will be 
required to authorize State and Tribal governments responsible for 
migratory bird management to take mid-continent light geese within the 
guidelines provided by the Service.

[66 FR 32265, June 14, 2001]



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.

                     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.


[[Page 78]]


    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.
    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

[[Page 79]]

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 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]

[[Page 80]]



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 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

[[Page 81]]

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.
    (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

[[Page 82]]

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 
Sec.Sec. 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 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

[[Page 83]]

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 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 Sec.Sec. 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.

[[Page 84]]

    (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 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

[[Page 85]]

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 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.

[[Page 86]]

    (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 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

[[Page 87]]

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.



                         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]

[[Page 88]]



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 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.

                       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.

[[Page 89]]

                            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.

                                  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.

[[Page 90]]

    (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 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

[[Page 91]]

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:

    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

[[Page 92]]

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 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;

[[Page 93]]

    (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 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]

[[Page 94]]



 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 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:

[[Page 95]]



----------------------------------------------------------------------------------------------------------------
                                                                                                         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, Boodie  I.........................     7/1/75
  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
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

[[Page 96]]

 
  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
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. (all species except those  Pangolins......................  II........................     7/1/75
     with an annual export quota).
    Manis crassicaudata [zero quota for   Indian pangolin................  II........................     7/1/75
     wild specimens].
    Manis javanica [zero quota for wild   Malayan pangolin...............  II........................     7/1/75
     specimens].
    Manis pentadactyla [zero quota for    Chinese pangolin...............  II........................     7/1/75
     wild specimens].

[[Page 97]]

 
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 flying  III (Ghana)...............    2/26/76
                                           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          Northern minke whale..........  I.........................    6/28/79
   populations except that of West
   Greenland).
  Balaenoptera bonaerensis..............   Southern minke whale..........  I.........................    6/28/79
  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
  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).

[[Page 98]]

 
  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 gray  II........................     7/1/75
                                           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, Neotropical  I.........................     7/1/75
                                           otter.
  L. provocax...........................   Southern river otter, South     I.........................     7/1/75
                                           American river otter.
  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

[[Page 99]]

 
  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
  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
  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

[[Page 100]]

 
  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, South Africa,
   and Zimbabwe].
  L. africana [only the populations of     African elephant..............  II........................     2/4/77
   Botswana, Namibia, South Africa and
   Zimbabwe, to allow: (1) Export of
   hunting trophies for noncommercial
   purposes; (2) export of live animals
   to appropriate and acceptable
   destinations (Namibia: for
   noncommercial purposes only; South
   Africa: for reintroduction purposes);
   (3) export of hides and leather goods
   (South Africa and Zimbabwe); (4)
   export of ivory carvings for
   noncommercial purposes (Zimbabwe
   only); (5) export of ivory tusks from
   Kruger National Park (South Africa;
   zero quota)].
Order Sirenia:                            Dugongs, Manatees:
  Dugong dugon..........................   Dugong........................  I.........................     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
  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 (excluding domestic forms)..   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).

[[Page 101]]

 
  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 peccary  I.........................   10/22/87
  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
  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
  Ovis vignei (except subspecies listed    Urial.........................  II........................    7/19/00
   below).
  O. vignei vignei......................   Ladakh urial..................  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

[[Page 102]]

 
  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; 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)].
  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).

[[Page 103]]

 
  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 (Argentina only)...   Darwin's rhea.................  II........................     7/1/75
  R. pennata pennata (except population    Darwin's rhea.................  I.........................     7/1/75
   of Argentina).
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
  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

[[Page 104]]

 
  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).
  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

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  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 curassow  I.........................     7/1/75
  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-pheasant,  III (Malaysia)............   11/13/86
                                           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

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  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.
  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

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  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 (except            Horned parakeet................  II........................     7/1/75
   subspecies listed below).
  Eunymphicus cornutus cornutus.........  Horned parakeet................  I.........................     7/1/75
  Eunymphicus cornutus uveaensis........  Horned parakeet................  I.........................     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 night  I pe......................     7/1/75
                                           parrot.
  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

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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
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

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  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)
  Garrulax canorus......................   Hwamei........................  II........................    7/19/00
  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 mannikin  III (Ghana)...............    2/26/76
  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
  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 pitta  II........................     7/1/75
  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

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  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.
CLASS REPTILIA:                           REPTILES:
Order Testudinata:                        Turtles, Tortoises:
  Apalone ater..........................   Cuatro Cienegas softshell       I.........................     7/1/75
                                           turtle.
  Aspideretes gangeticus................   Indian soft-shell turtle......  I.........................     7/1/75
  Aspideretes hurum.....................   Peacock soft-shell turtle.....  I.........................     7/1/75
  Aspideretes nigricans.................   Black soft-shell turtle.......  I.........................     7/1/75
  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
  Cuora spp.............................   Asian box turtles.............  II........................    7/19/00
  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. sulcata [zero quota for wild          African spurred tortoise......  II........................     7/1/75
   specimens].
  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

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  Morenia ocellata......................   Burmese peacock turtle........  I.........................     7/1/75
  Pelomedusa subrufa....................   Helmeted terrapin.............  III (Ghana)...............    2/26/76
  Peltocephalus dumeriliana.............   Big-headed Amazon River turtle  II........................     7/1/75
  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 (see Apalone ater)
  T. gangeticus (see Aspideretes
   gangeticus)
  T. hurum (see Aspideretes hurum)
  T. nigricans (see Aspideretes
   nigricans)
  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).
  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

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  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
  Calumma spp...........................   Chamaeleons...................  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
  Furcifer spp..........................   Chamaeleons...................  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 monitor  I.........................     7/1/75
  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
  Atropoides nummifer...................   Jumping pit-viper.............  III (Honduras)............    4/13/87
  Boa (=Constrictor) constrictor........   Boa constrictor...............  II........................     7/1/75
  Boa constrictor occidentalis..........   Argentine boa constrictor.....  I.........................     2/4/77
  Boidae spp. (all species except those    Boas..........................  II........................     2/4/77
   in App. I or with earlier date in
   App. II).
  Bolyeria multocarinata................   Round Island boa..............  I.........................     2/4/77
  Bolyeriidae spp. (all species except     Round island boas.............  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  Bothriechis schlegelii................   Eyelash palm pit-viper........  III (Honduras)............    4/13/87
  Bothrops asper........................   Terciopelo....................  III (Honduras)............    4/13/87
  Bothrops nasutum (see Porthidium
   nasutum)
  B. nummifer (see Atropoides nummifer)
  B. ophryomegas (see Porthidium
   ophryomegas)
  B. schlegelii (see Bothriechis
   schlegelii)
  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, Cascabel  III (Honduras)............    4/13/87
  Cyclagras (=Hydrodynastes) gigas......   South American false water      II........................     7/1/75
                                           cobra.
  Daboia russellii......................   Russell's viper...............  III (India)...............    2/12/84
  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

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  Hoplocephalus bungaroides.............   Broad-headed snake............  II........................     8/1/85
  Loxocemidae spp. (all species except     Mexican dwarf boas............  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  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
  Porthidium nasutum....................   Rainforest hognosed pit-viper.  III (Honduras)............    4/13/87
  P. ophryomegas........................   Slender hognosed pit-viper....  III (Honduras)............    4/13/87
  Ptyas mucosus.........................   Oriental rat snake, Whipsnake.  II........................    2/12/84
  Python spp. (except subspecies listed    Pythons.......................  II........................     7/1/75
   below).
  Pythonidae spp. (all species except      Pythons.......................  II........................     2/4/77
   those in App. I or with earlier date
   in App. II).
  P. molurus molurus....................   Indian python.................  I.........................     7/1/75
  Sanzinia madagascariensis.............   Tree boa......................  I.........................     2/4/77
  Tropidophiidae spp. (all species         Small ground boas.............  II........................     2/4/77
   except those in App. I or with
   earlier date in App. II).
  Vipera russellii (see Daboia
   russellii).
  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 snake  III (India)...............    2/12/84
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. 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
  Mantella spp. (except species below)..   Mantella frogs................  II........................    7/19/00
  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 spp. (except species below).   Coelacanth....................  I.........................    7/19/00
  Latimeria chalumnae...................   Gombessa coelacanth...........  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
  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.

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  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 mussel  I.........................     7/1/75
  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
  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

[[Page 115]]

 
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 and finished
   pharmaceutical products).
Family Araliaceae:                        Ginseng family:
  Panax ginseng [population of Russia]     Ginseng.......................  II........................    7/19/00
   (whole and sliced roots and parts of
   roots, excluding manufactured parts
   or derivatives such as powders,
   pills, extracts, tonics, teas, and
   confectionery).
  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....................   Monkey-puzzle tree............  I.........................     7/1/75
Family Berberidaceae:                     Barberry family:
  Podophyllum hexandrum (=P. emodi,        Himalayan may-apple...........  II........................    1/18/90
   =Sinopodophyllum hexandrum) (except
   chemical derivatives and finished
   pharmaceutical products).
Family Bromeliaceae:                      Pineapple family:
  Tillandsia harrisii...................   Harris tillandsia.............  II........................    6/11/92

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  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 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)
   Hatioraxgraeseri (=H. gaertnerixH.
   rosea); (2) Schlumbergera
   (=Zygocactus) truncata cultivars and
   its hybrids with S. opuntoides
   (=S.xexotica),S. orssichiana, and S.
   russelliana (=S.xbuckleyi); (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 cactus  I.........................     7/1/75
  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
  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.).
  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.

[[Page 117]]

 
  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 Compositae (=Asteraceae):          Aster family:
  Saussurea costus (=S. lappa)..........   Costus, Kuth root.............  I.........................     7/1/75
Family Crassulaceae:                      Stonecrop family:
  Dudleya stolonifera...................   Laguna Beach dudleya..........  II........................    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:
  Alsophila spp. (see Cyathea spp.)
  Cyathea spp. (includes Alsophila spp.,  ...............................  II........................     2/4/77
   Nephelea spp., Sphaeropteris spp.,
   Trichipteris spp.).
  Cyathea (=Hemitelia) capensis.........  ...............................  II........................     7/1/75
  C. dredgei............................  ...............................  II........................     7/1/75
  C. mexicana...........................  ...............................  II........................     7/1/75
  C. (=Alsophila) salvini...............  ...............................  II........................     7/1/75
  Nephelea spp. (see Cyathea spp.)
  Sphaeropteris spp. (see Cyathea spp.)
  Trichipteris spp. (see Cyathea spp.)
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:
  Cibotium barometz.....................  ...............................  II........................     2/4/77
  Dicksonia spp. (the Americas only)....  ...............................  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 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).
  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

[[Page 118]]

 
  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 slippers  I.........................     7/1/75
  Peristeria elata......................   Holy Ghost, Dove orchid.......  I.........................     7/1/75
  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 Orobanchaceae:                     Broomrape family:
  Cistanche deserticola.................   Desert cistanche..............  II........................    7/19/00
Family Palmae (=Arecaceae):               Palm family:
  Chrysalidocarpus decipiens............  ...............................  II........................     2/4/77
  Neodypsis decaryi.....................   Triangle palm.................  II........................     7/1/75

[[Page 119]]

 
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 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:
  Adonis vernalis.......................   Spring adonis.................  II........................    7/19/00
  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:
  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 subs.     Himalayan yew.................  II........................    2/16/95
   wallichiana) (except chemical
   derivatives and 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
  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

[[Page 120]]

 
  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; 66 FR 27610, May 18, 2001]




   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.



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

[[Page 121]]

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 Sec.Sec. 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 (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

[[Page 122]]

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...........................................          +          +          +          +          +          +           +           +           +
Arkansas..........................................          +          +          +          +          +          +           +           +           +
California........................................          +          +          +          +          +          +           +           +           +
Colorado..........................................          +          +          +          +          +          +           +           +           +
Florida...........................................          +          +          E          +          +          +           +           +           +

[[Page 123]]

 
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 124]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   1977-78     1978-79     1979-80                                          1983-84     1995-96     1996-98     1998-99
                                     \1\         \2\         \3\       1980-81      1981-82     1982-83   and future  and future  and future  and 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.

    (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.


[[Page 125]]


    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.

    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.


[[Page 126]]


    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         +         +         +         +         +         +
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

[[Page 127]]

``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 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.

[[Page 128]]

    (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
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

[[Page 129]]

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 130]]



            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 When and how do we open and close areas of the National Wildlife 
          Refuge System to public access and use or continue a use?
25.22 Lost and found articles.
25.23 What are the general regulations and information collection 
          requirements?

                        Subpart C--Public Notice

25.31 General provisions.

                           Subpart D--Permits

25.41 Who issues refuge permits?
25.42 Permits required to be exhibited on request.
25.43 Who may terminate or revoke a permit and why?
25.44 How do we grant permits for easement area uses?
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:

[[Page 131]]

    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 States may so classify 
within their boundaries.
    Compatibility determination means a written determination signed and 
dated by the Refuge Manager and Regional Chief, signifying that a 
proposed or existing use of a national wildlife refuge is a compatible 
use or is not a compatible use. The Director makes this delegation 
through the Regional Director.
    Compatible use means a proposed or existing wildlife-dependent 
recreational use or any other use of a national wildlife refuge that, 
based on sound professional judgment, will not materially interfere with 
or detract from the fulfillment of the National Wildlife Refuge System 
mission or the purpose(s) of the national wildlife refuge.
    Comprehensive conservation plan means a document that describes the 
desired future conditions of a refuge or planning unit and provides 
long-range guidance and management direction to achieve the purposes of 
the refuge; helps fulfill the mission of the Refuge System; maintains 
and, where appropriate, restores the ecological integrity of each refuge 
and the Refuge System; helps achieve the goals of the National 
Wilderness Preservation System; and meets other mandates.
    Conservation, and Management mean to sustain and, where appropriate, 
restore and enhance, healthy populations of fish, wildlife, and plants 
utilizing, in accordance with applicable Federal and State laws, methods 
and procedures associated with modern scientific resource programs. Such 
methods and procedures include, consistent with the provisions of the 
National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 
668dd-668ee), protection, research, census, law enforcement, habitat 
management, propagation, live trapping and transplantation, and 
regulated taking.
    Coordination area means a wildlife management area made available to 
a State by cooperative agreement between the U.S. Fish and Wildlife 
Service and a State agency having control over wildlife resources 
pursuant to section 4 of the Fish and Wildlife Coordination Act (16 
U.S.C. 664 or by long-term leases or agreements pursuant to title III of 
the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.). The States 
manage coordination areas but they are part of the National Wildlife 
Refuge System. The compatibility standard does not apply to coordination 
areas.
    Director means the Director, U.S. Fish and Wildlife Service or the 
authorized representative of such official.
    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.
    Fish, Wildlife, and Fish and wildlife mean any member of the animal 
kingdom in a wild, unconfined state, whether alive or dead, including a 
part, product, egg, or offspring of the member.
    Migratory bird means and refers to those species of birds listed 
under Sec. 10.13 of this chapter.
    National wildlife refuge, and Refuge mean a designated area of land, 
water, or an interest in land or water located within the National 
Wildlife Refuge System but does not include coordination areas.
    National Wildlife Refuge System, and System mean 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, coordination areas, and other areas for the 
protection and conservation of fish and wildlife including those that 
are threatened with extinction as determined in writing by the Director 
or so directed by Presidential or Secretarial order. The determination 
by the Director may not be delegated.
    National Wildlife Refuge System mission, and System mission mean to 
administer a national network of lands and

[[Page 132]]

waters for the conservation, management, and where appropriate, 
restoration of the fish, wildlife, and plant resources and their 
habitats within the United States for the benefit of present and future 
generations of Americans.
    Nontoxic shot means steel shot or other shot approved pursuant to 50 
CFR 20.134.
    Plant means any member of the plant kingdom in a wild, unconfined 
state, including any plant community, seed, root, or other part of a 
plant.
    Purpose(s) of the refuge means the purposes specified in or derived 
from the law, proclamation, executive order, agreement, public land 
order, donation document, or administrative memorandum establishing, 
authorizing, or expanding a national wildlife refuge, national wildlife 
refuge unit, or national wildlife refuge subunit. For refuges that 
encompass Congressionally designated wilderness, the purposes of the 
Wilderness Act are additional purposes of the wilderness portion of the 
refuge.
    Refuge management activity means an activity conducted by the 
Service or a Service-authorized agent to fulfill one or more purposes of 
the national wildlife refuge, or the National Wildlife Refuge System 
mission. Service-authorized agents include contractors, cooperating 
agencies, cooperating associations, refuge support groups, and 
volunteers.
    Refuge management economic activity means a refuge management 
activity on a national wildlife refuge which results in generation of a 
commodity which is or can be sold for income or revenue or traded for 
goods or services. Examples include: Farming, grazing, haying, timber 
harvesting, and trapping.
    Regional Chief means the official in charge of the National Wildlife 
Refuge System within a Region of the U.S. Fish and Wildlife Service or 
the authorized representative of such official.
    Refuge Manager means the official directly in charge of a national 
wildlife refuge or the authorized representative of such official. In 
the case of a national wildlife refuge complex, this refers to the 
official directly in charge of the complex.
    Refuge use, and Use of a refuge mean a recreational use (including 
refuge actions associated with a recreational use or other general 
public use), refuge management economic activity, or other use of a 
national wildlife refuge by the public or other non-National Wildlife 
Refuge System entity.
    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.
    Secretary means the Secretary of the Interior or the authorized 
representative of such official.
    Service, We, and Us mean the U.S. Fish and Wildlife Service, 
Department of the Interior.
    Sound professional judgment means a finding, determination, or 
decision that is consistent with principles of sound fish and wildlife 
management and administration, available science and resources, and 
adherence to the requirements of the National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd-668ee), and other applicable 
laws. Included in this finding, determination, or decision is a refuge 
manager's field experience and knowledge of the particular refuge's 
resources.
    State, and United States mean one or more of the States of the 
United States, Puerto Rico, American Samoa, the Virgin Islands, Guam, 
and the territories and possessions of the United States.
    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-dependent recreational use, and Wildlife-dependent 
recreation mean a use of a national wildlife refuge involving hunting, 
fishing, wildlife observation and photography, or environmental 
education and interpretation. The National Wildlife Refuge System 
Administration Act of 1966 (16 U.S.C. 668dd-668ee), specifies that these 
are the six priority general public uses of the National Wildlife Refuge 
System.

[[Page 133]]

    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.
    You means the public.
    (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; 65 FR 62480, Oct. 18, 
2000]



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  When and how do we open and close areas of the National Wildlife 
Refuge System to public access and use or continue a use?

    (a) Except as provided below, all areas included in the National 
Wildlife Refuge System are closed to public access until and unless we 
open the area for a use or uses in accordance with the National Wildlife 
Refuge System Administration Act of 1966 (16 U.S.C. 668dd-668ee), the 
Refuge Recreation Act of 1962 (16 U.S.C. 460k-460k-4) and this 
subchapter C. See 50 CFR 36 for details on use and access restrictions, 
and the public participation and closure process established for Alaska 
national wildlife refuges. We may open an area by regulation, individual 
permit, or public notice, in accordance with Sec. 25.31 of this 
subchapter.
    (b) We may open a national wildlife refuge for any refuge use, or 
expand, renew, or extend an existing refuge use only after the Refuge 
Manager determines that it is a compatible use and not inconsistent with 
any applicable law. Lands subject to the patent restrictions imposed by 
Section 22(g) of the Alaska Native Claims Settlement Act are subject to 
the compatibility requirements of Parts 25 and 26 of 50 CFR except as 
otherwise provided in paragraph (b)(1) of this section.
    (1) We will complete compatibility determinations for uses of Alaska 
Native Claims Settlement Act 22(g) lands in compliance with the 
following requirements:
    (i) Refuge managers will work with 22(g) landowners in 
implementation of these regulations. The landowners should contact the 
Refuge Manager in advance of initiating a use and request a 
compatibility determination. After a compatibility determination is 
requested, refuge managers have no longer than ninety (90) days to 
complete the compatibility determination and notify the landowner of the 
finding by providing a copy of the compatibility determination or to 
inform the landowner of the specific reasons for delay. If a refuge 
manager believes that a finding of not compatible is likely, the Refuge 
Manager will notify the landowner prior to rendering a decision to 
encourage dialog on how the proposed use might be modified to be 
compatible.
    (ii) Refuge managers will allow all uses proposed by 22(g) 
landowners when the Refuge Manager determines the use to be compatible 
with refuge purposes.
    (iii) Compatibility determinations will include only evaluations of 
how the proposed use would affect the ability of the refuge to meet its 
mandated purposes. The National Wildlife Refuge System mission will not 
be considered in the evaluation. Refuge purposes will include both pre-
ANILCA purposes and those established by ANILCA, so long as they do not 
conflict. If conflicts arise, ANILCA purposes will take precedence.
    (iv) A determination that a use is not compatible may be appealed by 
the landowner to the Regional Director. The appeal must be submitted in 
writing within forty-five (45) days of receipt of the determination. The 
appeals process provided for in 50 CFR 36.41(i) (3) through (5) will 
apply.
    (v) Compatibility determinations for proposed uses of 22(g) lands 
will only evaluate the effects of the use on the adjacent refuge lands, 
and the ability of that refuge to achieve its purposes, not on the 
effects of the proposed use to the 22(g) lands.
    (vi) Compatibility determinations for 22(g) lands that a use is 
compatible are

[[Page 134]]

not subject to re-evaluation unless the use changes significantly, 
significant new information is made available that could affect the 
compatibility determination, or if requested by the landowner.
    (vii) Refuge comprehensive conservation plans will not include 22(g) 
lands, and compatibility determinations affecting such lands will not to 
be automatically re-evaluated when the plans are routinely updated. 
(viii) Refuge special use permits will not be required for compatible 
uses of 22(g) lands. Special conditions necessary to ensure a proposed 
use is compatible may be included in the compatibility determination and 
must be complied with for the use to be considered compatible.
    (c) The Refuge Manager may temporarily allow or initiate any refuge 
use without making a compatibility determination if necessary to protect 
the health and safety of the public or any fish or wildlife population.
    (d) When we add lands to the National Wildlife Refuge System, the 
Refuge Manager will identify, prior to acquisition, withdrawal, 
transfer, reclassification, or donation of those lands, existing 
wildlife-dependent recreational public uses (if any) determined to be 
compatible that we will permit to continue on an interim basis, pending 
completion of the comprehensive conservation plan for the national 
wildlife refuge. We will make these compatibility determinations in 
accordance with procedures in Sec. 26.41 of this subchapter.
    (e) In the event of a threat or emergency endangering the health and 
safety of the public or property or to protect the resources of the 
area, the Refuge Manager may close or curtail refuge uses of all or any 
part of an opened area to public access and use in accordance with the 
provisions in Sec. 25.31, without advance notice. See 50 CFR 36.42 for 
procedures on closing Alaska national wildlife refuges.
    (f) We will re-evaluate compatibility determinations for existing 
wildlife-dependent recreational uses when conditions under which the use 
is permitted change significantly, or if there is significant new 
information regarding the effects of the use, or concurrently with the 
preparation or revision of a comprehensive conservation plan, or at 
least every 15 years, whichever is earlier. In addition, a refuge 
manager always may re-evaluate the compatibility of a use at any time.
    (g) Except for uses specifically authorized for a period longer than 
10 years (such as right-of-ways), we will re-evaluate compatibility 
determinations for all existing uses other than wildlife-dependent 
recreational uses when conditions under which the use is permitted 
change significantly, or if there is significant new information 
regarding the effects of the use, or at least every 10 years, whichever 
is earlier. In addition, a refuge manager always may re-evaluate the 
compatibility of a use at any time.
    (h) For uses in existence on November 17, 2000 that were 
specifically authorized for a period longer than 10 years (such as 
right-of-ways), our compatibility re-evaluation will examine compliance 
with the terms and conditions of the authorization, not the 
authorization itself. We will frequently monitor and review the activity 
to ensure that the permittee carries out all permit terms and 
conditions. However, the Service will request modifications to the terms 
and conditions of these permits from the permittee if the Service 
determines that such changes are necessary to ensure that the use 
remains compatible. After November 17, 2000 no uses will be permitted or 
re-authorized, for a period longer than 10 years, unless the terms and 
conditions for such long-term permits specifically allows for 
modifications to the terms and conditions, if necessary to ensure 
compatibility. We will make a new compatibility determination prior to 
extending or renewing such long-term uses at the expiration of the 
authorization. When we prepare a compatibility determination for re-
authorization of an existing right-of-way, we will base our analysis on 
the existing conditions with the use in place, not from a pre-use 
perspective.
    (i) When we re-evaluate a use for compatibility, we will take a 
fresh look at the use and prepare a new compatibility determination 
following the procedure outlined in 50 CFR 26.41.

[65 FR 62481, Oct. 18, 2000]

[[Page 135]]



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  What are the general regulations and information collection 
requirements?

    The Office of Management and Budget has approved the information 
collection requirements contained in subchapter C, parts 25, 32, and 36 
under 44 U.S.C. 3501 et seq. and assigned the following clearance 
numbers: Special Use Permit Applications on National Wildlife Refuges in 
Alaska (SUP-AK), clearance number 1018-0014; Special Use Permit 
Applications on National Wildlife Refuges Outside Alaska (SUP), 
clearance number 1018-0102. See Sec. 36.3 of this subchapter for further 
information on Special Use Permit Applications on National Wildlife 
Refuges in Alaska. We are collecting the information to assist us in 
administering these programs in accordance with statutory authorities 
that require that recreational uses be compatible with the primary 
purposes for which the areas were established. We require the 
information requested in the application form for the applicant to 
obtain a benefit. We estimate the public reporting burden for the SUP 
application form to be 30 minutes per response. This includes time for 
reviewing instructions, gathering and maintaining data, and completing 
and reviewing the form. Direct comments on the burden estimate or any 
other aspect of this form to the Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, MS 222 ARLSQ, Washington, DC 
20240 (1018-0014 or 1018-0102).

[65 FR 56400, Sept. 18, 2000]



                        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  Who issues refuge permits?

    We authorize the refuge manager of the facility where an activity is 
to take place to issue permits required by this subchapter C unless the 
regulations in this subchapter C require the applicant to obtain the 
applicable permit from the Director or Secretary. In those situations, 
the refuge manager will so inform the applicant, giving the applicant 
all necessary information as to how and where to apply.

[67 FR 58942, Sept. 18, 2002]



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  Who may terminate or revoke a permit and why?

    The refuge manager may terminate or revoke a permit at any time for 
noncompliance with the terms of the permit 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.

[67 FR 58943, Sept. 18, 2002]

[[Page 136]]



Sec. 25.44  How do we grant permits for easement area uses?

    (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) We require permits for use of easement areas administered by us 
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. We may grant special use permits 
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. If we ultimately 
determine that the requested use will not affect the United States' 
interest, the Regional Director will issue a letter of non-objection.
    (c) In instances where the third applicant is a governmental entity 
which has acquired a partial interest in the servient estate by 
subsequent condemnation, a special use permit may be granted to the 
governmental entity without the servient estate owner's agreement if the 
regional director or his or her designee determines:
    (1) The permitted use is compatible; and
    (2) The permitted use is consistent with the partial property 
interests obtained through condemnation.
    (d) Regulations pertaining to rights-of-way in easement areas are 
contained in 50 CFR part 29.21.

[51 FR 7575, Mar. 5, 1986, as amended at 65 FR 62482, Oct. 18, 2000]



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

[[Page 137]]

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 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:

[[Page 138]]

    (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 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.
26.41 What is the process for determining if a use of a national 
          wildlife refuge is a compatible use?

    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.

[[Page 139]]



                         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.
    (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.

[[Page 140]]



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, 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

[[Page 141]]

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.

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

[[Page 142]]

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 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.

[[Page 143]]

    (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 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.

[[Page 144]]

    (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, which appears in the 
Finding Aids section of the printed volume and on GPO Access.



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.



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.



Sec. 26.41  What is the process for determining if a use of a national 
wildlife refuge is a compatible use?

    The Refuge Manager will not initiate or permit a new use of a 
national wildlife refuge or expand, renew, or extend an existing use of 
a national wildlife refuge, unless the Refuge Manager has determined 
that the use is a compatible use. This section provides guidelines for 
making compatibility determinations, and procedures for documenting 
compatibility determinations and for periodic review of compatibility 
determinations. We will usually complete compatibility determinations as 
part of the comprehensive conservation plan or step-down management plan 
process for individual uses, specific use programs, or groups of related 
uses described in the plan. We will make all compatibility 
determinations in writing.
    (a) What information do we include in a compatibility determination? 
All compatibility determinations will include the following information:
    (1) The proposed or existing use;
    (2) The name of the national wildlife refuge;
    (3) The authorities used to establish the national wildlife refuge;
    (4) The purpose(s) of the national wildlife refuge;

[[Page 145]]

    (5) The National Wildlife Refuge System mission;
    (6) The nature and extent of the use including the following:
    (i) What is the use? Is the use a priority public use?;
    (ii) Where would the use be conducted?;
    (iii) When would the use be conducted?;
    (iv) How would the use be conducted?; and
    (v) Why is the use being proposed?.
    (7) An analysis of costs for administering and managing each use;
    (8) The anticipated impacts of the use on the national wildlife 
refuge's purposes and the National Wildlife Refuge System mission;
    (9) The amount of opportunity for public review and comment 
provided;
    (10) Whether the use is compatible or not compatible (does it or 
will it materially interfere with or detract from the fulfillment of the 
National Wildlife Refuge System mission or the purpose(s) of the 
national wildlife refuge);
    (11) Stipulations necessary to ensure compatibility;
    (12) A logical explanation describing how the proposed use would, or 
would not, materially interfere with or detract from the fulfillment of 
the National Wildlife Refuge System mission or the purpose(s) of the 
national wildlife refuge;
    (13) The Refuge Manager's signature and date signed; and
    (14) The Regional Chief's concurrence signature and date signed.
    (15) The mandatory 10- or 15-year re-evaluation date.
    (b) Making a use compatible through replacement of lost habitat 
values or other compensatory mitigation. We will not allow compensatory 
mitigation to make a proposed refuge use compatible, except by 
replacement of lost habitat values as provided in paragraph (c) of this 
section. If we cannot make the proposed use compatible with stipulations 
we cannot allow the use.
    (c) Existing right-of-ways. We will not make a compatibility 
determination and will deny any request for maintenance of an existing 
right-of-way which will affect a unit of the National Wildlife Refuge 
System, unless: the design adopts appropriate measures to avoid resource 
impacts and includes provisions to ensure no net loss of habitat 
quantity and quality; restored or replacement areas identified in the 
design are afforded permanent protection as part of the national 
wildlife refuge or wetland management district affected by the 
maintenance; and all restoration work is completed by the applicant 
prior to any title transfer or recording of the easement, if applicable. 
Maintenance of an existing right-of-way includes minor expansion or 
minor realignment to meet safety standards.
    (d) Termination of uses that are not compatible. When we determine 
an existing use is not compatible, we will expeditiously terminate or 
modify the use to make it compatible. Except with written authorization 
by the Director, this process of termination or modification will not 
exceed 6 months from the date that the compatibility determination is 
signed.

[65 FR 62482, Oct. 18, 2000]



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.

[[Page 146]]

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.



                         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

[[Page 147]]

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 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

[[Page 148]]

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 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]

[[Page 149]]



      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 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.

[[Page 150]]



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.



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,

[[Page 151]]

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.



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]

[[Page 152]]



                      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.



                    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

[[Page 153]]

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.



PART 29--LAND USE MANAGEMENT--Table of Contents




                        Subpart A--General Rules

Sec.
29.1 May we allow economic uses on national wildlife refuges?
29.2 Cooperative land management.
29.3-29.4 [Reserved]
29.5 Fees.

              Subpart B--Rights-of-Way General Regulations

29.21 What do these terms mean?
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 What payment do we require for use and occupancy of national 
          wildlife refuge lands?
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  May we allow economic uses on national wildlife refuges?

    We may only authorize public or private economic use of the natural 
resources of any national wildlife refuge, in accordance with 16 U.S.C. 
715s, where we determine that the use contributes to the achievement of 
the national wildlife refuge purposes or the National Wildlife Refuge 
System mission. We may authorize economic use by appropriate permit only 
when we have determined the use on a national wildlife refuge to be 
compatible. Persons exercising economic privileges on national wildlife 
refuges will be subject to the applicable provisions of this subchapter 
and of other applicable laws and regulations governing national wildlife 
refuges. Permits for economic use will contain such terms and conditions 
that we determine 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,

[[Page 154]]

removing shell, sand or gravel, cultivating areas, or engaging in 
operations that facilitate approved programs on national wildlife 
refuges.

[65 FR 62483, Oct. 18, 2000]



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.Sec. 29.3-29.4  [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.



              Subpart B--Rights-of-Way General Regulations



Sec. 29.21  What do these terms mean?

    Compatible use means a proposed or existing wildlife-dependent 
recreational use or any other use of a national wildlife refuge that, 
based on sound professional judgment, will not materially interfere with 
or detract from the fulfillment of the National Wildlife Refuge System 
mission or the purposes of the national wildlife refuge. The term 
``inconsistent'' in section 28(b)(1) of the Mineral Leasing Act of 1920 
(30 U.S.C. 185) means a use that is not compatible.
    Department means U.S. Department of the Interior unless otherwise 
specified.
    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.
    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.
    Project Manager means the officer in charge of the land under 
administration by the U.S. Fish and Wildlife Service.

[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; 65 FR 62483, Oct. 18, 2000]



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

[[Page 155]]

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 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

[[Page 156]]

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.
------------------------------------------------------------------------

    (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.

[[Page 157]]

    (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.

    (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

[[Page 158]]

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 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

[[Page 159]]

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 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]

[[Page 160]]



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 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  What payment do we require for use and occupancy of national 
wildlife refuge lands?

    (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.

[42 FR 43919, Aug. 31, 1977, as amended at 65 FR 62483, Oct. 18, 2000]



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,

[[Page 161]]

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]




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

[[Page 162]]

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 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

[[Page 163]]

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 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 164]]

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 165]]

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 What are the requirements for hunting on areas of the National 
          Wildlife Refuge System?

[[Page 166]]

32.3 What are the procedures for publication of refuge-specific hunting 
          regulations?
32.4 Opening of wildlife refuge areas to fishing.
32.5 What are the requirements for sportfishing on areas of the National 
          Wildlife Refuge System?
32.6 What are the procedures for publication of refuge-specific sport 
          fishing regulations?
32.7 What refuge units are open to hunting and/or sport 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 United States Unincorporated Pacific Insular Possessions.
32.72 Guam.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, 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  What are the requirements for 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:

[[Page 167]]

    (a) Each person shall secure and possess the required State license.
    (b) Each person 16 years of age and older shall secure and possess a 
Migratory Bird Hunting Stamp while hunting migratory waterfowl.
    (c) Each person shall comply with the applicable provisions of 
Federal law and regulations including this subchapter and the current 
Federal Migratory Bird Regulations.
    (d) Each person shall comply with the applicable provisions of the 
laws and regulations of the State wherein any area is located unless 
further restricted by Federal law or regulation.
    (e) Each person shall comply with the terms and conditions 
authorizing access or use of wildlife refuges, including the terms and 
conditions under which hunting permits are issued.
    (f) Each person must 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 Sec.Sec. 32.20 through 
32.72.
    (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) You may possess only approved nontoxic shot while in the field, 
which we identify in 50 CFR 20.21(j), while on Waterfowl Production 
Areas, or on certain other areas of the National Wildlife Refuge System 
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. Where we allow turkey and deer hunting, you may use slugs 
and shot containing lead to hunt these species unless prohibited by 
refuge-specific regulations and/or State law.
    (l) The refuge-specific regulations (Sec. 32.20 through Sec. 32.72) 
may include the items discussed in Sec. 32.3(b). Refuge permits and 
brochures should also include those items and any special conditions 
allowed by paragraph (f) of this section.

[58 FR 5064, Jan. 19, 1993, as amended at 63 FR 46914, Sept. 3, 1998; 65 
FR 30777, May 12, 2000; 67 FR 58943, Sept. 18, 2002]



Sec. 32.3  What are the 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) We initially publish refuge-specific hunting regulations in the 
daily issue of the Federal Register, and subsequently they appear in 
Sec.Sec. 32.20 through 32.72, except that the refuge manager may adopt 
and issue relevant refuge-specific season dates and times after the 
State establishes its hunting seasons by publication through one or more 
of the methods identified in Sec. 25.31 of this subchapter C.

[[Page 168]]

    (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.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



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  What are the requirements for sportfishing on areas of the National 
Wildlife Refuge System?

    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 must comply with the provisions of any refuge-
specific regulation governing fishing on the wildlife refuge area. 
Regulations, special conditions, and maps of the fishing areas for a 
particular wildlife refuge are available at that area's headquarters. In 
addition, refuge-specific sport fishing regulations appear in Sec.Sec. 
32.20 through 32.72.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]



Sec. 32.6  What are the procedures for publication of refuge-specific sport 
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) We initially publish refuge-specific sport fishing regulations 
in the daily issue of the Federal Register, and subsequently they appear 
in Sec.Sec. 32.20 through 32.72.
    (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.

[58 FR 5064, Jan. 19, 1993, as amended at 67 FR 58943, Sept. 18, 2002]

[[Page 169]]



Sec. 32.7  What refuge units are open to hunting and/or sport fishing?

    Refuge units open to hunting and/or sport fishing in accordance with 
the provisions of subpart A of this part and Sec.Sec. 32.20-32.72, 
inclusive, are as follows:

                                 Alabama

Blowing Wind Cave National Wildlife Refuge
Bon Secour National Wildlife Refuge
Choctaw National Wildlife Refuge
Eufaula National Wildlife Refuge
Grand Bay 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
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
Felsenthal National Wildlife Refuge
Holla Bend National Wildlife Refuge
Overflow National Wildlife Refuge
Pond Creek 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
Sacramento River National Wildlife Refuge
Salinas River National Wildlife Refuge
San Francisco Bay National Wildlife Refuge
San Luis National Wildlife Refuge
San Pablo National Wildlife Refuge
Sonny Bono Salton Sea 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
Bond Swamp 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

                                  Guam

Guam National Wildlife Refuge

                                 Hawaii

Hakalau Forest National Wildlife Refuge
Hanalei National Wildlife Refuge

[[Page 170]]

Kakahaia National Wildlife Refuge
Kilauea Point 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
Great River National Wildlife Refuge
Meredosia National Wildlife Refuge
Middle Mississippi River National Wildlife Refuge
Port Louisa National Wildlife Refuge
Two Rivers Naional Wildlife Refuge
Upper Mississippi River Wildlife and Fish Refuge

                                 Indiana

Big Oaks National Wildlife Refuge
Muscatatuck National Wildlife Refuge
Patoka River National Wildlife Refuge and Management Area

                                  Iowa

De Soto National Wildlife Refuge
Driftless Area National Wildlife Refuge
Neal Smith National Wildlife Refuge
Port Louisa National Wildlife Refuge
Union Slough National Wildlife Refuge
Upper Mississippi River Wild Life and Fish Refuge

                                 Kansas

Flint Hills National Wildlife Refuge
Kirwin National Wildlife Refuge
Quivira National Wildlife Refuge

                                Kentucky

Clarks River National Wildlife Refuge
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
Bayou Teche 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
Cat Island 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

Lake Umbagog National Wildlife Refuge
Moosehorn National Wildlife Refuge
Petit Manan 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
Litchfield 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
Grand Bay 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
Clarence Cannon National Wildlife Refuge
Great River National Wildlife Refuge

[[Page 171]]

Middle Mississippi River National Wildlife Refuge
Mingo National Wildlife Refuge
Squaw Creek National Wildlife Refuge
Swan Lake National Wildlife Refuge
Two Rivers 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
Lost Trail 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

                               New Jersey

Cape May National Wildlife Refuge
Edwin B. Forsythe National Wildlife Refuge
Great Swamp National Wildlife Refuge
Lake Umbagog 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
San Andres 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
Currituck 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
Stewart Lake 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

Bandon Marsh National Wildlife Refuge
Bear Valley National Wildlife Refuge
Cold Springs National Wildlife Refuge
Deer Flat National Wildlife Refuge
Hart Mountain National Wildlife Refuge
Julia Butler Hansen Refuge for the Columbian White-Tailed Deer

[[Page 172]]

Klamath Marsh National Wildlife Refuge
Lewis and Clark National Wildlife Refuge
Lower Klamath National Wildlife Refuge
Malheur National Wildlife Refuge
McKay Creek National Wildlife Refuge
McNary 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
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
Lower Rio Grande Valley National Wildlife Refuge
McFaddin National Wildlife Refuge
San Bernard National Wildlife Refuge
Texas Point National Wildlife Refuge
Trinity River 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
Mackay Island National Wildlife Refuge
Mason Neck National Wildlife Refuge
Occoquan Bay National Wildlife Refuge
Plum Tree Island National Wildlife Refuge
Presquile National Wildlife Refuge
Rappahannock River Valley National Wildlife Refuge
Wallops Island National Wildlife Refuge

                               Washington

Columbia National Wildlife Refuge
Conboy Lake National Wildlife Refuge
Dungeness National Wildlife Refuge
Hanford Reach National Monument/Saddle Mountain 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
St. Croix Wetland Management District
Trempealeau National Wildlife Refuge
Upper Mississippi River National Wildlife and Fish Refuge
Whittlesey Creek National Wildlife Refuge

                                 Wyoming

National Elk Refuge
Pathfinder National Wildlife Refuge
Seedskadee National Wildlife Refuge

[[Page 173]]

        United States Unincorporated Pacific Insular Possessions

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; 
65 FR 30777, May 12, 2000; 65 FR 56400, Sept. 18, 2000; 66 FR 46353, 
Sept. 4, 2001; 67 FR 58943, Sept. 18, 2002]



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.
 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]

[[Page 174]]



     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 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.

                   Grand Bay National Wildlife Refuge

    Refer to Sec. 32.43 Mississippi for regulations.

                    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. [Reserved]

[[Page 175]]

    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge subject to the 
following condition: We require permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We do not allow bank fishing around the shoreline of the refuge 
headquarters.
    2. All other refuge waters are open to fishing year-round unless 
otherwise posted.
    3. We prohibit entry and use of airboats and hovercraft on all 
waters within the refuge boundaries.
    4. We prohibit entry and use of inboard waterthrust boats, such as 
but not limited to personal watercraft, watercycles, and waterbikes on 
all waters of the refuge except that portion of the Tennessee River and 
Flint Creek from its mouth to mile-marker three.
    5. You may not leave boats on the refuge overnight.

[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; 65 FR 30777, May 12, 2000; 66 FR 
46353, Sept. 4, 2001]



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. We allow hunting of mourning and 
white-winged doves on designated areas of the refuge subject to the 
following conditions:
    1. We allow only shotguns.
    2. You may possess only nontoxic shot while in the field.
    3. You may not hunt within 50 yards (45 m) of any building, road, or 
levee.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge subject to the following 
conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. We allow only shotguns.
    3. We allow hunting of cottontail rabbits from September 1 to the 
close of the State quail season.
    4. You may not hunt within 50 yards (45 m) of any building, road, or 
levee.
    C. Big Game Hunting. We allow hunting of desert bighorn sheep on 
designated areas of the refuge with a valid State permit.
    D. Sport Fishing. We allow sport fishing in designated areas subject 
to the following condition: We prohibit personal watercraft (PWC, as 
defined by State law), air boats, or hovercraft on all waters within the 
boundaries of the refuge.

                  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. We allow hunting of cottontail rabbit, 
coyote, and skunks on designated areas of the refuge subject to the 
following condition: We require refuge permits for hunting of coyotes 
and skunks.
    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. We allow hunting of geese, 
ducks, coots, moorhens, common snipe, and mourning and white-winged 
doves on designated areas of the refuge subject to the following 
conditions:
    1. We allow only shotguns.
    2. You may possess only approved nontoxic shot while in the field.
    3. You must obtain a permit to enter the Island Unit.
    4. You must pay a hunt fee in portions of the refuge. Consult refuge 
hunting leaflet for locations.
    5. We do not allow pit or permanent blinds.
    6. You may hunt only during seasons, dates, times, and areas posted 
by signs and/

[[Page 176]]

or indicated on refuge leaflets, special regulations, and maps available 
at the refuge office.
    7. You must remove all temporary blinds, boats, and decoys from the 
refuge following each day's hunt.
    8. We do not allow hunting within 50 yards (45 m) of any public 
roads or levees.
    9. We close Farm Unit 2 to all hunting except goose hunting during 
the Arizona waterfowl season.
    10. Consult the refuge hunt leaflet for the shot limit.
    11. The area known as Pretty Water is open to waterfowl hunting from 
\1/2\ hour before sunrise to 3:00 p.m. MST during the Arizona and 
California waterfowl seasons.
    12. The Hart Mine Marsh area is open to hunting from 10 a.m. to 3 
p.m. daily during goose season.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge subject to the following 
conditions:
    1. We allow only shotguns and bows and arrows.
    2. You may possess only approved nontoxic shot while in the field.
    3. You may hunt cottontail rabbit from September 1 through the last 
day of the respective State's quail season.
    4. During the Arizona waterfowl season, you may not hunt quail and 
rabbit in Farm Unit 2.
    5. You may not hunt within 50 yards (45 m) of any public road.
    C. Big Game Hunting. We allow hunting of mule deer on designated 
areas of the refuge subject to the following conditions:
    1. During the Arizona waterfowl season, you may not hunt mule deer 
in Farm Unit 2.
    2. You may not hunt within 50 yards (45 m) of any public road.
    D. Sport Fishing. We allow sport fishing and frogging subject to the 
following condition: Cibola Lake is open to fishing and frogging 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. You may possess only approved nontoxic shot while in the field.
    4. The following apply only to Pintail Slough (all refuge lands 
north of the north dike):
    i. We require a fee for waterfowl hunting, and you must have in your 
possession proof of payment (refuge permit) while hunting.
    ii. Dove hunting is permitted only during the September season.
    iii. Waterfowl hunters must hunt only at the assigned location.
    iv. We limit waterfowl hunters to 16 shells each.
    5. You must remove temporary blinds, boats, hunting equipment, and 
decoys from the refuge following each day's hunt.
    6. You may not hunt within 50 yards (45m) of any building, road, or 
levee.
    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. You may possess only approved nontoxic shot while in the field.
    5. You may not hunt within 50 yards (45 m) of any building, road, or 
levee.
    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. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We close designated portions of the Topock Marsh to all entry 
from October 1 through January 31.
    2. We prohibit personal watercraft (PWC, as defined by State law), 
air boats, or hovercraft on all waters within Topock Marsh or other 
waters indicated by signs or buoys.

                    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. You may possess only approved nontoxic shot while in the field.
    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. We require approved nontoxic shot for hunting quail and 
cottontail rabbit.
    3. Cottontail rabbit hunting is permitted September 1 to the close 
of the State quail season.

[[Page 177]]

    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; 65 FR 30777, May 12, 2000; 66 FR 
46353, Sept. 4, 2001; 67 FR 58943, Sept. 18, 2002]



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 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,

[[Page 178]]

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.

                   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.
    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]

                   Pond Creek 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.

[[Page 179]]

                   Wapanocca National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
beaver, nutria, raccoon, and opossum on designated areas of the refuge 
subject to the following condition: We require permits.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. We allow fishing from March 15 through October 31 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; 65 FR 30778, May 12, 2000; 65 FR 56400, Sept. 18, 
2000]



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. You may possess only approved nontoxic shot while in the field.
    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.
    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. We allow hunting of geese, 
ducks, coots, moorhens, and snipe on designated areas of the refuges 
subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    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.
    4. No person may build or maintain fires, except in portable gas 
stoves.
    5. You may enter or exit only at designated locations.
    6. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of

[[Page 180]]

passengers or equipment or stopping between designated parking areas.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    1. Access to the hunt area is by foot traffic only.
    2. We do not allow bicycles and other conveyances. Mobility-impaired 
hunters should consult with the Refuge Manager for allowed conveyances.
    3. You may possess only approved nontoxic shot while in the field.
    4. Hunters may not possess more than 25 shells while in the field.
    5. No person may build or maintain fires, except in portable gas 
stoves.
    6. You may enter or exit only at designated locations.
    7. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment or stopping between designated 
parking areas.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Delevan National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, moorhens, and snipe on designated areas of the refuge 
subject to the following conditions:
    1. You must unload firearms while transporting them between parking 
areas and spaced blind areas.
    2. We do not allow snipe hunting in the spaced blind areas.
    3. We restrict hunters assigned to the spaced blind area to within 
100 feet (30 m) 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. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    5. You may possess no more than 25 shells while in the field.
    6. You may possess only approved nontoxic shot while in the field.
    7. No person may build or maintain fires, except in portable gas 
stoves.
    8. You may enter or exit only at designated locations.
    9. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment, or stopping between designated 
parking areas.
    B. Upland Game Hunting. We allow hunting of pheasant only in the 
free-roam areas on the refuge subject to the following conditions:
    1. We do not allow pheasant hunting in the spaced blind area except 
during a special 1-day-only pheasant hunt on the first Monday after the 
opening of the State pheasant hunting season.
    2. You may possess only approved nontoxic shot while in the field.
    3. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    4. You may possess no more than 25 shells while in the field.
    5. No person may build or maintain fires, except in portable gas 
stoves.
    6. You may enter or exit only at designated locations.
    7. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment, or stopping between designated 
parking areas.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Havasu National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                  Humboldt Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese 
(except Canada geese), ducks, coots, common moorhens, and snipe on 
designated areas of the refuge subject to the following conditions:
    1. We allow hunting on Salmon Creek only on Tuesdays and Saturdays 
from \1/2\ hour before sunrise until 1:00 p.m., and we require a valid 
refuge daily permit issued prior to each hunt by random drawing.
    2. We restrict hunters on Salmon Creek to within 100 feet (30 m) of 
the assigned hunt site except for placing and retrieving decoys, 
retrieving downed birds, or traveling to and from the parking area.
    3. The Teal Island and Egret Island units of the refuge are open on 
Saturday, Sunday, Wednesday, Federal holidays, and the opening and 
closing days of the State waterfowl hunting season.
    4. Portions of the Jacoby Creek, Eureka Slough, and Table Bluff 
units of the refuge are open during the State waterfowl hunting season. 
We designate the Jacoby Creek and Eureka Slough units boat access only.
    5. We require that adults 18 years of age or older accompany hunters 
under the age of 16.
    6. You must unload firearms while transporting them between the 
parking area and designated blind sites in the Salmon Creek unit.
    7. You may possess no more than 25 approved nontoxic shells while in 
the field.
    8. You may use only portable blinds or blinds constructed of 
vegetation in the free-roam hunting areas.
    9. You must remove all blinds, decoys, shell casings, and other 
personal equipment from the refuge following each day's hunt.
    B. Upland Game Hunting. [Reserved]

[[Page 181]]

    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow fishing from the designated shoreline train along 
Hookton Slough during daylight hours only.
    2. We allow fishermen to use only pole and line or rod and reel from 
the Hookton Slough Shoreline trail fishing area.
    3. We do not allow either motorized boats or motors on the refuge 
dock on Humboldt Bay. We close the dock on Humboldt Bay to launching of 
all boats from November 1 through January 15.

                    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. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                 Lower Klamath National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, moorhens, and snipe on designated areas of the refuge 
subject to the following conditions:
    1. In the controlled waterfowl hunting area, we require entry 
permits for the first 2 days of the waterfowl season for all hunters 16 
years of age or older. An adult with a permit must accompany hunters 
under the age of 16 hunting in the controlled area. We require advance 
reservations for the first 2 days of the hunt.
    2. Shooting hours end at 1:00 p.m. on all California portions of the 
refuge with the following exceptions:
    a. The refuge manager may designate up to 6 afternoon special youth 
or disabled hunter waterfowl hunts per season; and
    b. The refuge manager may designate up to 3 days per week of 
afternoon waterfowl hunting for the general public after December 1.
    3. You may carry only unloaded firearms on hunter access routes open 
to motor vehicles or when taking them through posted retrieving zones 
when traveling to and from the hunting areas.
    4. You may not set decoys in retrieving zones.
    5. We do not allow air-thrust and inboard waterthrust boats.
    6. You may possess only approved nontoxic shot while in the field.
    7. You may use only nonmotorized boats and boats with electric 
motors on units 4b and 4c from the start of the hunting season through 
November 30. You may use motorized boats on units 4b and 4c from 
December 1 through the end of hunting season.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. You may carry only unloaded firearms on hunter access routes open 
to motor vehicles or when taking them 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. We allow hunting of geese, 
ducks, coots, and moorhens on designated areas of the refuge subject to 
the following conditions and as we may otherwise post in the refuge 
regulations:
    1. You must unload firearms while transporting them between parking 
areas and blind sites.
    2. You may possess no more than 25 approved nontoxic shotshells per 
day while in the field.
    3. You may possess only approved nontoxic shot while in the field.
    4. We restrict hunters assigned to the spaced blind unit to their 
assigned blind except for retrieving downed birds, placing decoys, or 
traveling to and from the parking area.
    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.

[[Page 182]]

    2. After the first weekend of the open season, we allow hunting only 
on Wednesdays, Saturdays, and Sundays. Hunters must check in and out of 
the refuge by using 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. You may possess only approved nontoxic shot while in the field.
    5. Hunters may not possess more than 25 shells after leaving the 
parking area.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    1. We limit hunting to junior hunters possessing a valid Junior 
Hunting License and refuge permit.
    2. You may possess only approved nontoxic shot while in the field.
    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. We allow hunting of geese, 
ducks, coots, moorhens, and snipe on designated areas of the refuge 
subject to the following conditions:
    1. You must unload firearms while transporting them between parking 
areas and spaced blind areas.
    2. We do not allow snipe hunting in the spaced blind area.
    3. We restrict hunters assigned to the spaced blind unit to within 
100 feet (30 m) of their assigned hunt site except for retrieving downed 
birds, placing decoys, or traveling to and from the parking area.
    4. You may possess only approved nontoxic shot while in the field.
    5. You may possess no more than 25 shells while in the field.
    6. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    7. No person may build or maintain fires, except in portable gas 
stoves.
    8. You may enter or exit only at designated locations.
    9. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment or stopping between designated 
parking areas.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    1. We do not allow pheasant hunting in the spaced blind area except 
during a special 1-day-only pheasant hunt on the first Monday after the 
opening of the State pheasant hunting season.
    2. You may possess only approved nontoxic shot while in the field.
    3. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    4. You may not possess more than 25 shells while in the field.
    5. No person may build or maintain fires, except in portable gas 
stoves.
    6. You may enter or exit only at designated locations.
    7. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment or stopping between designated 
parking areas.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                Sacramento River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on Packer Lake subject to the 
following conditions:
    1. Due to primitive access, you may fish only from boats up to 14 
feet (4.2 m) long and canoes.
    2. You may fish from the western shoreline from sunrise to sunset.

                 Salinas River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, and moorhens on designated areas of the refuge subject to 
the following conditions:
    1. You may possess no more than 25 approved nontoxic shotshells per 
day while in the field.
    2. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
    3. You must keep firearms unloaded until you are within the 
designated hunt area.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

               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

[[Page 183]]

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. We allow hunting of geese, 
ducks, coots, moorhens, and snipe on designated areas of the refuge 
subject to the following conditions and as we may otherwise post in the 
refuge regulations:
    1. You may use only portable blinds or blinds constructed of 
vegetation in the free-roam hunting area.
    2. You must remove all portable blinds, decoys, and other personal 
equipment from the refuge following each day's hunt.
    3. You may snipe hunt only within the free-roam portion of the San 
Luis unit's waterfowl hunting areas.
    4. You may possess only approved nontoxic shot while in the field.
    5. You may possess no more than 25 shells after leaving your 
assigned parking lot or boat launch.
    6. Vehicles may stop only at designated, assigned parking areas. We 
prohibit dropping of passengers or equipment or stopping between 
designated parking areas. You must return your permits to the check 
stations immediately upon completion of your hunt, and prior to using 
any tour routes or leaving the refuge vicinity.
    7. You may not transport loaded firearms while walking or bicycling 
between parking areas in spaced blind units, or while traveling in a 
boat under power.
    8. We restrict hunters in the spaced blind area to their assigned 
blind except when they are placing decoys, traveling to and from the 
parking area, retrieving downed birds, or when shooting to retrieve 
cripples.
    9. Access to the Frietas Unit free-roam hunting area is by boat only 
with a maximum of 5 mph. Prohibited boats include air-thrust and/or 
inboard water-thrust types.
    10. We prohibit the use of motorized boats in the free-roam units 
with the exception of the Frietas Unit.
    11. We do not allow vehicle trailers of any type or size to be in 
the refuge hunt areas at any time or to be left unattended at any 
location on the refuge.
    B. Upland Game Hunting. We allow hunting of pheasants on designated 
areas of the refuge subject to the following conditions or as we 
otherwise may post in refuge regulations available at visitor 
information centers and refuge headquarters:
    1. You may possess only approved nontoxic shot while in the field.
    2. Hunters may not possess more than 25 shotshells while in the 
field.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions and as we may otherwise post in the 
refuge regulations:
    1. We allow fishing from sunrise to sunset only, except on that 
portion of the San Joaquin River's south (left descending) bank within 
the West Bear Creek Unit designated as open for fishing 24 hours per 
day, or as otherwise posted in refuge regulations.
    2. We allow only the use of pole and line or rod and reel, and 
anglers must attend their equipment at all times.
    3. We prohibit the use of any boat, float tube, or other floating 
aid/device.

                 San Pablo Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge and subject to the 
following conditions:
    1. You may possess no more than 25 approved nontoxic shotshells 
while in the field.
    2. Access is by boat only.
    3. You must remove all portable blinds, decoys, and personal 
equipment following each day's hunt.
    4. We allow floating blinds on the refuge, and they are available to 
any hunter on a first-come, first-served basis. Floating blinds require 
refuge manager approval or are subject to removal. Floating blinds may 
be left overnight, but hunters must remove them from the refuge at the 
end of the waterfowl season.
    5. We prohibit digging into levees or slough channels.
    6. We allow only dogs engaged in hunting activities on the refuge 
during waterfowl season. We allow no other domesticated animals or pets.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge

[[Page 184]]

in accordance with State regulation and subject to the following 
conditions:
    1. You may possess no more than 25 approved nontoxic shotshells 
while in the field.
    2. You may access the Tolay Creek Unit by foot and bicycle only.
    3. We allow only dogs engaged in hunting activities on the refuge 
during pheasant season. We allow no other domesticated animals or pets.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

             Sonny Bono 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. You must hunt from assigned blinds on the Union Tract and within 
100 feet (30 m) 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.

                     Sutter National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, moorhens, and snipe on designated areas of the refuge 
subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. You may possess no more than 25 shells while in the field.
    3. Access to the hunt area is by foot traffic only. We do not allow 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the Refuge Manager for allowed conveyances.
    4. No person may build or maintain fires, except in portable gas 
stoves.
    5. You may enter or exit only at designated locations.
    6. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment or stopping between designated 
parking areas.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. Access is by foot traffic only. We do not allow bicycles and 
other conveyances. Mobility-impaired hunters should consult with the 
Refuge Manager for allowed conveyances.
    3. You may possess no more than 25 shells while in the field.
    4. No person may build or maintain fires, except in portable gas 
stoves.
    5. You may enter or exit only at designated locations.
    6. Vehicles may stop only at designated parking areas. We prohibit 
the dropping of passengers or equipment or stopping between designated 
parking areas.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Tule Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, moorhens, and snipe on designated areas of the refuge 
subject to the following conditions:
    1. We require entry permits in the controlled waterfowl hunting area 
for the first 2 days of the waterfowl season for all hunters 16 years of 
age or older. An adult with a permit must accompany hunters under the 
age of 16 hunting in the controlled area. We require advance reservation 
for the first 2 days of the hunt.
    2. Shooting hours end at 1:00 p.m. on all California portions of the 
refuge with the following exceptions:
    a. The refuge manager may designate up to six afternoon special 
youth or disabled hunter waterfowl hunts per season; and
    b. The refuge manager may designate up to 3 days per week of 
afternoon waterfowl hunting for the general public after December 1.
    3. We do not allow possession of any loaded firearms more than 200 
feet (60 m) from the established blind stakes. You select blind sites by 
lottery at the beginning of each hunt day. You may shoot only from 
within your assigned blind site.
    4. You may carry only unloaded firearms on hunter access routes open 
to motor vehicles or when taking them through posted retrieving zones 
when traveling to and from the hunting areas.
    5. We do not allow you to set decoys in retrieving zones.
    6. We do not allow air-thrust and inboard waterthrust boats.
    7. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.

[[Page 185]]

    2. You may carry only unloaded firearms on hunter access routes open 
to motor vehicles or when taking them 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; 
65 FR 30778, May 12, 2000; 65 FR 56401, Sept. 18, 2000; 66 FR 46354, 
Sept. 4, 2001; 67 FR 58943, Sept. 18, 2002]



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.
    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. We allow upland game hunting on designated 
areas of the refuge pursuant to State law and subject to the following 
condition: You may possess only approved nontoxic shot while in the 
field.
    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; 65 FR 30780, May 12, 
2000]



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.

[[Page 186]]

    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 Area--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 possess more than 15 shotgun shells per 
day on the West and Young Waterfowlers Hunt Areas.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    1. We allow hunting only on the South Upland Hunting Area.
    2. We allow hunting from \1/2\ hour before sunrise to \1/2\ hour 
after sunset.
    3. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. We allow hunting of turkey and deer on 
designated areas of the refuge subject to the following conditions:
    1. We require a refuge permit except on the South Upland Hunting 
Area.
    2. Hunting on the Headquarters Deer Hunt Area must be from 
designated stands only, unless actively tracking or retrieving wounded 
deer.
    3. We require a valid State permit for turkey hunting.
    4. During firearms deer season, hunters must wear in a conspicuous 
manner as an outer layer on the head, chest, and back a minimum of 400 
square inches (2,600 cm2) of solid-colored orange clothing or material.
    D. Sport Fishing. [Reserved]

                   Prime Hook National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to the following 
conditions:
    1. Consult the refuge hunting brochure for specific information 
regarding species, areas, and days open to hunting, rules, and 
regulations.
    2. We require a refuge permit and fee for waterfowl hunting.
    3. Refuge hunt dates will correspond with State-established 
migratory game bird seasons.
    B. Upland Game Hunting. We allow hunting of upland species on 
designated areas of the refuge subject to the following conditions:
    1. Consult the refuge hunting brochure for specific information 
regarding species, areas, and days open to hunting, rules, and 
regulations.
    2. You may possess only approved nontoxic shot while in the field.
    3. We do not allow upland game hunting beginning March 1 through 
August 31.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. Consult the refuge hunting brochure for specific information 
regarding areas and days open to hunting, rules, and specific 
regulations.
    2. You may use only portable tree stands and must remove them from 
the refuge following each day's hunt.
    3. During the firearm deer season, hunters must wear in a 
conspicuous manner on head, chest, and back a minimum of 400 square 
inches (10.16 m\2\) of solid-colored hunter orange clothing or material.
    4. We require a refuge permit and fee for deer hunting.
    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge subject to the following conditions:
    1. Consult refuge regulations regarding access areas, launch points, 
and motor restrictions.
    2. We allow fishing only from sunrise to sunset in all areas except 
those areas marked by signs as closed to public entry.

[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 29074, May 18, 1993; 60 
FR 62041, Dec. 4, 1995; 65 FR 30781, May 12, 2000; 65 FR 56401, Sept. 
18, 2000; 66 FR 46355, Sept. 4, 2001]



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 187]]

    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. We allow hunting of ducks and 
coots on designated areas of the refuge subject to the following 
condition: We require permits.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
and armadillo on designated areas of the refuge subject to the following 
condition: We require permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
condition: We require permits.
    D. Sport Fishing. We allow fishing on the refuge year round subject 
to the following condition: You must fish in accordance with State 
regulations.

                   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.
    8. With the exception of those nonregulated species generally used 
as bait, all fish caught for commercial purposes in the waters of the 
refuge or transported into the refuge must remain in an intact and whole 
condition until removed from the refuge.

                 Lake Woodruff National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
condition: We require permits.
    D. Sport Fishing. Sport fishing will be in accordance with State 
regulations and is subject to the following conditions:
    1. We allow fishing only from sunrise to sunset.
    2. We do not allow use of airboats in the refuge.
    3. We do not allow commercial fishing or the taking of frogs or 
turtles.
    4. We do not allow the use of snatch hooks in the refuge 
impoundments.

                 Lower Suwannee National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to the following 
conditions:
    1. We require a refuge permit.
    2. Parents or adult guardians over the age of 21 are responsible for 
supervising hunters under the age of 16 and must remain within

[[Page 188]]

sight and normal voice contact of the juvenile hunter. Parents or adult 
guardians are responsible for ensuring that hunters under the age of 16 
do not engage in conduct that would constitute a violation of the refuge 
regulations.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    1. We require a refuge permit.
    2. Parents or adult guardians over the age of 21 are responsible for 
supervising hunters under the age of 16 and must remain within sight and 
normal voice contact of the juvenile hunter. Parents or adult guardians 
are responsible for ensuring that hunters under the age of 16 do not 
engage in conduct that would constitute a violation of the refuge 
regulations.
    C. Big Game Hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following conditions:
    1. We require a refuge permit.
    2. Parents or adult guardians over the age of 21 are responsible for 
supervising hunters under the age of 16 and must remain within sight and 
normal voice contact of the juvenile hunter. Parents or adult guardians 
are responsible for ensuring that hunters under the age of 16 do not 
engage in conduct that would constitute a violation of the refuge 
regulations.
    D. Sport Fishing. Anglers may fish in accordance with State 
regulations subject to the following conditions:
    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. You must possess a valid refuge hunting permit at all times while 
hunting on the refuge. In addition, we annually require a quota permit 
for hunt areas 1 and 4 from the beginning of the regular waterfowl 
season through December 31.
    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. You may hunt only in four designated areas of the refuge subject 
to delineation in the refuge hunting brochure and map, including the 
open waters of Mosquito Lagoon, Indian River, and designated 
impoundments outside the NASA security area. We do not allow hunting in 
the Banana River. You may not hunt in or enter any portion of the refuge 
south of Haulover Canal and east of the western boundary when the 
Kennedy Space Center activates its outer security perimeter.
    4. Hunting hours are one-half hour before sunrise until 1:00 pm. 
each hunting day.
    5. All persons must successfully complete a Firearm Hunter Education 
course before they may hunt and must possess the Firearm Hunter 
Education certificate when hunting.
    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. We close the refuge between sunset and sunrise except waterfowl 
hunters may enter at 4:00 a.m. on hunting days with a valid Refuge Hunt 
Permit.
    8. You may not park along Blackpoint Wildlife Drive, Playalinda 
Beach Road, or Scrub Ridge Trail for the purpose 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 and KARS (Kennedy 
Athletic Recreational Social Organization) Marina or 8 mph in Haulover 
Canal.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. You may fish, crab, clam, oyster, and shrimp in 
designated areas of the refuge subject to the following conditions:
    1. We close the refuge between sunset and sunrise except anglers may 
enter after dark to fish from a boat with a valid Refuge Night Fishing 
Permit. We allow nighttime boat launching only at Bairs Cove and Beacon 
42 Fish Camp. We allow night fishing only in Haulover Canal and the open 
waters of Mosquito Lagoon, Indian River Lagoon, and Banana River.
    2. Anglers 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. You may not launch boats, crab, or fish from Black Point Wildlife 
Drive.

[[Page 189]]

    5. You may not use air-thrust boats, hovercraft, personal 
watercraft, or similar craft on refuge waters.
    6. You may 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 
nonattached motor capable of use (including electric trolling motors). 
This is in effect throughout the year.
    7. Boats must not exceed idle speed in Bairs Cove and KARS Marina or 
8 mph in Haulover Canal.
    8. We prohibit harvest or possession of horseshoe crabs while on the 
refuge.
    9. You may not fish in or enter any portion of the refuge south of 
Haulover Canal and east of the western boundary when the Kennedy Space 
Center activates its outer security perimeter.

                 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.

                    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. We allow hunting of ducks and 
coots in designated areas of the refuge subject to the following 
condition: We require refuge permits.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, and 
raccoon on designated areas of the refuge subject to the following 
condition: We require refuge permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge subject to the following 
condition: We require refuge permits.
    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. We prohibit crabbing in refuge pools and impoundments along 
Lighthouse Road.
    10. We do not allow launching of airboats or inboard waterthrust 
boats (personal watercraft) from refuge saltwater boat ramps at Wakulla 
Beach or the Lighthouse Road area.
    11. While on the refuge, anglers must keep all harvested fish in 
whole condition.

                  St. Vincent National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer, sambar 
deer, and feral hog on designated areas of the refuge subject to the 
following condition: We require refuge permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer, sambar 
deer, and feral hogs on designated areas of the refuge subject to the 
following condition: We require permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow fishing only from sunrise to sunset.
    2. We allow only nonmotorized boats and boats with electric motors.
    3. We do not allow the use of live minnows as bait.
    4. We allow fishing in Lakes 1 and 2 and Oyster Pond from April 1 
through September 30.
    5. We allow fishing in Lakes 3, 4, and 5 from May 15 through 
September 30.

              Ten Thousand Islands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. You may hunt ducks and coots in 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:

[[Page 190]]

    1. We allow hunting only on Wednesday, Saturday, Sunday, 
Thanksgiving, Christmas, and New Year's Day within the State season from 
\1/2\ hour before sunrise until noon.
    2. You must possess a valid refuge hunt permit at all times while 
hunting on the refuge.
    3. You will need to break down temporary blinds, including those of 
native vegetation, following each day's hunt. We prohibit the 
construction of permanent or pit blinds.
    4. You must remove decoys, guns, blinds, and boats from the refuge 
by 1:00 p.m. daily.
    5. We allow public hunting only in the area shown on the refuge hunt 
brochure. We will post closed areas with signs or delineate them by red 
reflectors on posts along the small road extending south off U.S. 41. 
Entry into the refuge for hunting may not begin until 4:00 a.m. for 
designated hunt days.
    6. We prohibit air-thrust boats, hovercraft, personal watercraft, 
and off-road vehicles at all times. We limit watercraft to outboard 
engines with a maximum of 25 hp.
    7. We encourage the use of dogs to retrieve dead or wounded 
waterfowl. Dogs must remain under the control of their handlers at all 
times.
    8. You may possess only approved nontoxic shot while in the field.
    9. We require all guides to purchase and possess a refuge Special 
Use Permit.
    10. We prohibit the possession of alcoholic beverages.
    11. Hunters under the age of 16 may hunt only with an adult 21 years 
of age or older, and they must remain in sight and normal voice contact 
with the adult.
    12. You may take ducks and coots with shotguns only. We prohibit the 
possession of handguns and other long guns.
    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; 65 FR 30781, May 12, 2000; 65 FR 
56401, Sept. 18, 2000; 66 FR 46355, Sept. 4, 2001; 67 FR 58944, Sept. 
18, 2002]



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:
    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.

                   Bond Swamp National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]

[[Page 191]]

    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
condition: We require permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow fishing from March 15 to October 15 except on the 
Ocmulgee River, which is open to fishing year-round.
    2. We allow fishing only from sunrise to sunset.
    3. We allow fishing only with pole and line or rod and reel.
    4. We prohibit the taking of sturgeon, frogs, turtles, and mollusks.
    5. We allow only nonmotorized boats or boats with electric motors on 
refuge waters except the Ocmulgee River.
    6. You may not leave boats or other personal equipment on the refuge 
overnight.
    7. The minimum size limit for largemouth bass is 14 inches (35 cm)

                    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. We allow hunting of rabbit, squirrel, 
bobwhite quail, and turkey in the Cowhouse Unit of the refuge. The 
season will be consistent with the adjacent Dixon Memorial Wildlife 
Management Area and subject to the following conditions:
    1. We require sign in/sign out.
    2. We allow no vehicles on the refuge portion of Cowhouse Island.
    3. We allow no dogs except for pointing dogs during quail hunts.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge subject to the following 
condition: We require a refuge permit for Suwannee Canal Unit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We do not allow the use of boats with motors larger than 10 
horsepower.
    2. We do not allow the use of live minnows as bait.
    3. We allow only the use of pole and line or rod and reel.
    4. The daily creel limit is 5 largemouth bass, 5 channel catfish, 
and 25 of any one, or combination, of bream or sunfish. We do not allow 
the possession of more than the daily creel limit.
    5. We do not allow the taking of largemouth bass smaller than 14 
inches (35 cm).

                    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. We allow hunting of squirrels and feral hogs 
on designated areas of the refuge subject to the following condition: We 
require permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, 
and feral hogs on designated areas of the refuge subject to the 
following condition: We require permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. Anglers may fish in refuge impoundments and canals from March 1 
through November 30 annually.

[[Page 192]]

    2. Anglers may fish in Kingfisher Pond year round.
    3. We allow fishing 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; 65 FR 30781, May 12, 2000; 66 FR 46355, Sept. 4, 2001; 67 FR 
58944, Sept. 18, 2002]



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. You must have reservations or permits to access the refuge.
    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.

                 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.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6691, Feb. 11, 1994; 62 
FR 47377, Sept. 9, 1997; 65 FR 30782, May 12, 2000]



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. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. We allow hunting of partridge, grouse, and 
cottontail rabbits, including pygmy rabbits, on designated areas of the 
refuge subject to the following condition: You may possess only approved 
nontoxic shot 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 condition: Boats are not permitted in 
fishing areas.

                     Camas National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, and snipe on designated areas of the refuge subject to the 
following condition: You may possess only approved nontoxic shot while 
in the field.
    B. Upland Game Hunting. We allow hunting of pheasant and grouse on 
designated areas of the refuge subject to the following condition:
    You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. [Reserved]

[[Page 193]]

    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:
    1. You may hunt only ducks, coots, and doves on the Lake Lowell 
sector.
    2. Only portable and temporary blinds constructed of natural 
materials are permitted.
    3. Snipe and dove hunters may possess only approved nontoxic shot 
while in the field.
    4. We restrict nonmotorized boats and boats with electric motors 
only to the area bounded by the water's edge and extending to a point 
200 yards (180 m) lakeward in hunting area 1 on the Lake Lowel 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 may possess only approved 
nontoxic shot while in the field.
    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 season, we allow fishing only within the 
area bounded by the water's edge extending to a point 200 yards (180 m) 
lakeward in front of the Lower Dam, fishing area A and in front of the 
Upper Dam, and fishing area 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. We allow hunting of forest grouse on 
designated areas of the refuge subject to the following condition: You 
may possess only approved nontoxic shot while in the field.
    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. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    1. We allow fishing from boats on the main reservoir from Minidoka 
Dam to the west tip of Bird Island, April 1 through September 30.
    2. We allow fishing from boats within boating lanes at Smith and 
Gifford Springs year around.
    3. We allow bank fishing all year.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6691, Feb. 11, 1994; 60 
FR 62041, Dec. 4, 1995; 65 FR 30782, May 12, 2000; 65 FR 56402, Sept. 
18, 2000; 66 FR 46355, Sept. 4, 2001]

[[Page 194]]



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.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow fishing on Lake Chautauqua from January 15 through 
October 15. You may not fish in the Waterfowl Hunting Area during 
waterfowl hunting season.
    2. You may not leave private boats in refuge waters overnight.
    3. We restrict motorboats to ``slow speed/minimum wake.''
    4. 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. We only allow the use of portable or temporary blinds. Blinds 
must be a minimum of 200 yards (180 m) apart. You must remove portable 
or temporary blinds, any material brought onto the refuge for blind 
construction, boats, decoys, and all other personal property from the 
refuge 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 (180 m) away from any shoreline. Waterfowl hunters 
may also hunt on the east shoreline in Grassy Bay.
    4. You may possess only approved 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. You may possess only approved nontoxic shot while hunting all 
permitted species except wild turkey. You 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. We require hunters using the closed area to check in at the 
refuge visitor contact station prior to hunting and to comply with the 
special rules provided to them.
    3. We prohibit deer hunting with a firearm in the controlled goose 
hunting areas or on all refuge lands north of Illinois State Route 13. 
We allow deer hunting in the controlled goose hunting areas and on all 
refuge lands north of Illinois State Route 13 only with archery 
equipment and in accordance with State regulations.
    4. You must remove hunting stands 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 trotlines/jugs from sunrise until 
sunset from Memorial Day through Labor Day; east of Wolf Creek Road, 
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 trotlines daily. It is 
illegal to use stakes to anchor any trotlines; anglers must tag them 
with their name and address. Anglers may use all noncommercial fishing 
methods except they may not use any underwater breathing apparatus. 
Anglers may not use jugs or trotlines with any flotation device that has 
previously contained

[[Page 195]]

any petroleum-based materials or toxic substances. Anglers must attach a 
buoyed device that is visible on the water's surface to all trotlines.
    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. We restrict motorboats to slow speeds leaving no wakes in Cambria 
Neck, and within 150 feet (45 m) of any shoreline, swimming area, marina 
entrance, boat ramp, or causeway tunnel on Crab Orchard, Little Grassy, 
or Devils Kitchen Lakes.

                 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. You may hunt bob-white quail, rabbit, 
squirrel, raccoon, opossum, coyote, red fox, grey fox, and turkey 
(spring) on designated areas of the refuge in accordance with posted 
regulations and subject to the following conditions:
    1. If we provide hunter check-in/check-out post, you must present 
daily harvests.
    2. We do not allow hunting after sunset.
    3. You may possess only approved nontoxic shot while hunting for any 
permitted birds except wild turkey. You may use lead shot while hunting 
wild turkey.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with posted regulations and 
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.

                  Great River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to brochures and 
posted regulations.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to brochures and posted 
regulations.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to brochures and posted 
regulations.

[[Page 196]]

    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to brochures and 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.
    3. Private boats may not be left in refuge waters overnight.
    4. Motorboats must not exceed ``slow speed/minimum wake.''

            Middle Mississippi River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to brochures and 
posted regulations.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to brochures and posted 
regulations.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to brochures and posted 
regulations.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to brochures and posted regulations.

                  Port Louisa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to brochures and 
posted regulations.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to brochures and posted 
regulations.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to brochures and posted 
regulations.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to brochures and posted regulations.

                   Two Rivers National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to brochures and posted 
regulations.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to brochures and posted regulations.

        Upper Mississippi River National Wildlife and Fish Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to the following 
conditions:
    1. In areas posted ``Area Closed'' or ``No Hunting Zone,'' we 
prohibit hunting of migratory game birds at any time.
    2. We require permits for Potters Marsh in Pool 13 except during the 
early teal season.
    3. You may possess only approved nontoxic shot while in the field.
    4. On Pools 4 through 11, you may not place or leave decoys on the 
refuge during the time from \1/2\ hour after the close of legal shooting 
hours, until 1 hour before the start of legal shooting hours.
    5. This condition applies to Pools 4 through 11 only. We prohibit 
construction of permanent hunting blinds using manmade materials. At the 
end of each day's hunt, you must remove all manmade blind materials you 
brought onto the refuge. Any blinds containing manmade materials left on 
the refuge are subject to immediate removal and disposal. Manmade 
materials include, but are not limited to: wooden pallets, lumber, 
railroad ties, fence posts (wooden or metal), wire, nails, staples, 
netting, or tarps. We allow you to leave only seasonal blinds, made 
entirely of natural vegetation and biodegradable twines, on the refuge. 
We consider all such blinds public property and open to use by any 
person on a first-come basis. We allow you to gather only willow, 
grasses, marsh vegetation, and dead wood on the ground from the refuge 
for blind-building materials. We prohibit cutting or removing any other 
refuge trees or vegetation.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    1. In areas posted ``No Hunting Zone,'' we prohibit hunting or 
possession of firearms at all times.
    2. In areas posted ``Area Closed,'' we only allow hunting beginning 
the day after the close of the applicable State duck hunting season 
until upland game season closure or March 15, whichever occurs first, 
except we allow spring turkey hunting during State seasons.
    3. On areas open to hunting, we prohibit hunting or possession of 
firearms from March 16 until the opening of State fall hunting seasons, 
except we allow spring turkey hunting during State seasons.
    4. Shotgun hunters may possess only approved nontoxic shot when 
hunting for any permitted birds or other small game, except

[[Page 197]]

wild turkey. We still allow possession of lead shot for hunting wild 
turkey.
    5. You may use lights and dogs to hunt raccoons, and other 
specifically authorized small mammals, in accordance with State 
regulations. We allow such use of lights on the refuge at the point of 
kill only. We prohibit all other uses of lights for hunting on the 
refuge.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. In areas posted ``No Hunting Zone,'' we prohibit hunting or 
possession of firearms at all times.
    2. In areas posted ``Area Closed,'' we only allow hunting beginning 
the day after the close of the applicable State duck hunting season 
until big game season closure or March 15, whichever occurs first.
    3. On areas open to hunting, we only allow hunting or possession of 
firearms until season closure or March 15, whichever occurs first.
    4. We do not allow construction or use of permanent blinds, 
platforms, or ladders.
    5. You must remove all stands from the refuge at the end of each 
day's hunt.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. On Spring Lake Closed Areas, Carroll County, Illinois, we 
prohibit fishing from October 1 until the day after the close of the 
State duck hunting season.
    2. On Mertes Slough, Buffalo County, Wisconsin, we allow only hand-
powered boats or boats with electric motors.

[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; 65 FR 30782, May 
12, 2000; 65 FR 56402, Sept. 18, 2000; 66 FR 46356, Sept. 4, 2001; 67 FR 
58944, Sept. 18, 2002]



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.

                    Big Oaks National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: We require a refuge access permit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following condition: We require a refuge access permit.

                  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. You may fish from the bank and from nonmotorized boats on 
Stanfield Lake from May 15 through October 15. You may not boat at other 
times. Stanfield Lake is open to ice fishing when ice conditions permit.
    2. Only fishing with rod and reel or pole and line is permitted.
    3. Ice fishing is permitted only when indicated by refuge signs.
    4. The minimum size limit for large-mouth black bass taken from 
refuge waters is 14 inches.
    5. Fishing is permitted during daylight hours only.
    6. Frogs and turtles may be taken by hook and line during daylight 
hours from areas open to fishing.

        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.

[[Page 198]]

    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; 65 FR 56402, Sept. 
18, 2000; 66 FR 46356, Sept. 4, 2001]



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. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    1. In areas posted ``Area Closed,'' we prohibit entry, including 
hunting.
    2. In areas open to hunting, we allow hunting beginning November 1 
until the close of State hunting seasons or January 15, whichever occurs 
first.
    3. You may possess only approved nontoxic shot while hunting for any 
allowed birds or other small game.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. In areas posted ``Area Closed,'' we prohibit all public entry, 
including hunting.
    2. In areas open to hunting, we allow hunting beginning November 1 
until the close of State hunting seasons or January 15, whichever occurs 
first.
    3. We allow archery and muzzleloader hunting only.
    4. We allow deer drives only during lawful party hunting conducted 
within the refuge, in accordance with State regulations. We prohibit 
driving deer from or through the refuge to any persons hunting outside 
the refuge boundary.
    5. We do not allow construction or use of permanent blinds, 
platforms, or ladders.
    6. You must remove all stands from the refuge following each day's 
hunt.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge.

                   Neal Smith National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of ringnecked pheasant, 
bobwhite quail, cottontail rabbit, and squirrel on designated areas of 
the refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while hunting for any 
permitted birds or other small game.
    2. We allow hunting only during the dates posted at the refuge.
    3. All hunters must wear one or more of the following articles of 
visible, external, solid-blaze-orange clothing: a hat, 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]

                  Port Louisa National Wildlife Refuge

    Refer to Sec. 32.32 Illinois for regulations.

                  Union Slough National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to brochures and 
posted regulations.
    B. Upland Game Hunting. We allow upland game hunting on designated 
areas of the refuge subject to brochures and posted regulations.

[[Page 199]]

    C. Big Game Hunting. We allow big game hunting on designated areas 
of the refuge subject to brochures and posted regulations.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to brochures and posted regulations.

        Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec. 32.32 Illinois for regulations.

[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; 65 
FR 30783, May 12, 2000; 65 FR 56402, Sept. 18, 2000; 66 FR 46356, Sept. 
4, 2001]



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. We allow hunting of geese, 
ducks, coots, mourning doves, rails (Virginia and sora only), and common 
snipe on designated areas of the refuge in accordance with State 
regulations and subject to the following condition: You may use only 
approved nontoxic shot.
    B. Upland Game Hunting. We allow hunting of pheasant, quail, prairie 
chicken, rabbit, squirrel, and crow on designated areas of the refuge in 
accordance with State regulations and subject to the following 
conditions:
    1. We prohibit centerfire rifles and pistols.
    2. You may use only approved nontoxic shot for all shotgun hunting.
    C. Big Game Hunting. We allow hunting of turkey and deer on 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:
    1. We allow only shotguns, muzzleloading firearms, or bow and arrow.
    2. You may use only approved nontoxic shot for turkey hunting.
    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. We allow hunting of geese, 
ducks, coots, mourning doves, and snipe on designated areas of the 
refuge subject to the following condition: Waterfowl and coot hunters 
may possess only approved nontoxic shot while in the field.
    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. We allow hunting of ducks, 
geese, rails (sora), coots, common snipe, and woodcock on designated 
areas of the refuge in accordance with State regulations and subject to 
the following conditions:
    1. We restrict motor vehicles, including all-terrain vehicles 
(ATVs), to public roads and parking lots.
    2. We restrict outboard motor use to the westernmost 5.5-mile (8.8 
km) section of the Marais des Cygnes River. You may use nonmotorized 
boats and electric trolling motors on all open portions of the refuge, 
including the eastern 4-mile (6.4 km) section of the Marais des Cygnes 
River. Property boundaries are at the center of the river. Where 
sections of the river border private property, only the half of the 
river adjacent to public property is open to public use.
    3. You must remove decoys each day.
    4. We prohibit discharge of firearms within 150 yards (135 m) of any 
residence or other occupied building.
    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. We allow hunting of geese, 
ducks, coots, rails (Virginia and Sora only), mourning doves, and common 
snipe on designated areas of the refuge subject to the following 
condition: We require approved nontoxic shot when hunting any game on 
the refuge. We prohibit the possession of lead shot in the field.

[[Page 200]]

    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; 65 FR 30783, May 
12, 2000; 67 FR 58945, Sept. 18, 2002]



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.

                  Clarks River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, woodcock, snipe, and mourning doves on designated areas of 
the refuge subject to State regulations and the following conditions:
    1. Hunting of waterfowl will cease at 2:00 p.m. each day of open 
season.
    2. You may use only portable or temporary blinds.
    3. You must remove portable or temporary blinds and decoys from the 
refuge following each day's hunt.
    4. You may possess only approved nontoxic shot while hunting 
waterfowl in the field.
    5. The refuge is a day-use area only with the exception of legal 
hunting activities.
    6. We prohibit the use of all-terrain vehicles on all refuge hunts.
    7. We prohibit target practice on refuge property.
    8. We prohibit mules and horses on refuge hunts.
    9. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along rights-of-way for public or private land within the 
refuge.
    10. Each hunter must have in his/her possession a current, signed 
copy of the Clarks River National Wildlife Refuge Hunting/Fishing Permit 
while participating in refuge hunts.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, opossum, bobcat and coyote on designated areas of the refuge 
subject to State regulations and the following conditions:
    1. We prohibit mules and horses on refuge hunts.
    2. We prohibit all-terrain vehicles on all refuge hunts.
    3. The refuge is a day-use area only with the exception of legal 
hunting activities.
    4. We prohibit target practice on refuge property.
    5. We limit shotguns to no larger than 10 gauge. All shotgun 
ammunition must meet legal shot-size requirements for each hunted 
species. We limit the use of rifles and pistols to rimfire only for 
upland game.
    6. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along rights-of-way for public or private land within the 
refuge.
    7. You must have in your possession a current, signed copy of the 
Clarks River National Wildlife Refuge Hunting/Fishing Permit while 
participating in refuge hunts.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to State regulations 
and the following conditions:
    1. We prohibit the use or construction of any permanent tree stand.
    2. We allow portable stands and climbing stands, but you must remove 
them from the tree when they are not in use.
    3. We require safety belts at all times with the use of tree stands.
    4. The refuge is a day-use area only with the exception of legal 
hunting activities.
    5. We prohibit the use of all-terrain vehicles on all refuge hunts.
    6. We prohibit mules and horses on refuge hunts.
    7. You may not hunt by organized deer drives of two or more hunters. 
The definition of drive is: the act of chasing, pursuing, disturbing, or 
otherwise directing deer so as to make the animals more susceptible to 
harvest.
    8. We prohibit target practice on refuge property.
    9. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along rights-of-way for public or private land within the 
refuge.
    10. You must have in your possession a current, signed copy of the 
Clarks River National Wildlife Refuge Hunting/Fishing Permit while 
participating in refuge hunts.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge subject to State regulations, any refuge-specific regulations 
listed in the Clarks River National Wildlife Refuge Hunting/Fishing 
Permit, and the following conditions:
    1. The refuge is a day-use area only with the exception of legal 
fishing activities.

[[Page 201]]

    2. You must have in your possession a current, signed copy of the 
Clarks River National Wildlife Refuge Hunting/Fishing Permit while 
fishing on the refuge.

               Ohio River Islands National Wildlife Refuge

    Refer to Sec. 32.68 West Virginia for regulations.

                    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; 65 FR 30783, May 12, 2000; 66 FR 46357, Sept. 4, 2001]



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. We allow hunting of geese, 
ducks, coots, snipe, and woodcock on designated areas of the refuge 
subject to the following conditions:
    1. Hunting must be in accordance with Sherburne Wildlife Management 
Area regulations.
    2. For the Indian Bayou Area, we require an Army Corps of Engineer 
permit.
    3. For the Shatters Bayou Unit, hunting must be in accordance with 
the Attakapas Wildlife Management Area rules and regulations.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, nutria, muskrat, mink, fox, bobcat, beaver, and otter 
on designated areas of the refuge subject to the following conditions:
    1. Hunting must be in accordance with Sherburne Wildlife Management 
Area regulations.
    2. For the Indian Bayou Area, we require an Army Corps of Engineer 
permit.
    3. For the Shatters Bayou Unit, hunting must be in accordance with 
the Attakapas Wildlife Management Area rules and regulations.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge subject to the following conditions:
    1. Hunting must be in accordance with Sherburne Wildlife Management 
Area regulations.
    2. For the Indian Bayou Area, we require an Army Corps of Engineer 
permit.
    3. For the Shatters Bayou Unit, hunting must be in accordance with 
the Attakapas Wildlife Management Area rules and regulations.
    D. Sport Fishing. We allow finfishing and shellfishing year round in 
accordance with Sherburne Wildlife Management Area regulations:
    1. We require refuge permits for commercial shellfishing.
    2. For the Indian Bayou and Shatters Bayou Unit, we require an Army 
Corps of Engineers permit for commercial shellfishing.

                 Bayou Cocodrie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. You may hunt ducks, coots, 
woodcock, and snipe on designated areas of the refuge subject to the 
following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of rabbit, squirrel, 
raccoon, beaver, feral hog, and coyote on designated areas of the refuge 
subject to the following condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require refuge permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. Anglers must possess a refuge permit.
    2. We allow fishing during daylight hours only.
    3. We allow fishing on the Cross Bayou Cut and all tributaries that 
fill with water from Cocodrie Bayou during high water stages.
    4. We prohibit camping.
    5. We allow only cotton limb lines.
    6. You may not use trotlines, slat traps, or nets while fishing.

                 Bayou Sauvage National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 202]]

    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.

                  Bayou Teche National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds in designated areas of the refuge subject to the following 
conditions:
    1. We require the use of either refuge-issued Self-clearing daily 
permits or Lottery permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the refuge brochure.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge subject to the 
following conditions:
    1. We require refuge-issued Self-clearing daily permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the refuge brochure.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge subject to the following 
conditions:
    1. We require the use of either refuge-issued Self-clearing daily 
permits or Lottery permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the refuge brochure.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following condition: Any person entering, using, or 
occupying the refuge for fishing must abide by all terms and conditions 
in the refuge brochure.

                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. We allow hunting of migratory 
game birds in designated areas of the refuge subject to the following 
conditions:
    1. We require refuge permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the refuge hunting brochure.
    B. Upland Game Hunting. We allow hunting of raccoon, opossum, 
squirrel, rabbit, quail, woodcock, coyote, and beaver on designated 
areas of the refuge subject to the following conditions:
    1. We require refuge permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the refuge hunting brochure.
    C. Big Game Hunting. We allow archery hunting of white-tailed deer 
on the refuge subject to the following conditions:
    1. We require refuge permits.
    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 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.

[[Page 203]]

    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.
    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. We allow hunting of migratory 
game birds in designated areas of the refuge subject to the following 
conditions:
    1. We require refuge permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the appropriate refuge 
brochure.
    B. Upland Game Hunting. We allow upland game hunting in designated 
areas of the refuge subject to the following conditions:
    1. We require refuge permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the appropriate refuge 
brochure.
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
designated areas of the refuge subject to the following conditions:
    1. We require refuge permits.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the appropriate refuge 
brochure.
    D. Sport Fishing. We allow sport fishing in designated areas of the 
refuge subject to the following condition: Any person entering, using, 
or occupying the refuge for fishing must abide by all terms and 
conditions in the appropriate refuge brochure.

                   Cat Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks, 
geese, coots, woodcock, and common snipe on designated areas of the 
refuge in accordance with State regulations and subject to the following 
condition: We require refuge permits.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, beaver, nutria, and coyote on designated areas of the refuge in 
accordance with State regulations and subject to the following 
condition: We require refuge permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge in accordance with State 
regulations and subject to the following condition: We require refuge 
permits.
    D. Sport Fishing. We allow fishing and crayfishing on designated 
areas of the refuge in accordance with State regulations and subject to 
the following conditions:
    1. We require refuge permits.
    2. The ends of trotlines must consist of a length of cotton line 
that extends from the points of attachment into the water.

                   Catahoula National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to the following 
condition: We require refuge permits.
    B. Upland Game Hunting. We allow hunting of raccoon, squirrel, 
rabbit, and feral hog on designated areas of the refuge subject to the 
following condition: We require refuge permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge subject to the following 
condition: We require refuge permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow fishing from 1 hour before sunrise until \1/2\-hour 
after sunset.
    2. We allow boat launching on all refuge waters as designated in the 
refuge brochure. We allow only nonmotorized boats or boats with motors 
of 10 horsepower or less, except on Bushley Creek, Big Bushley Creek, 
and Little Bushley Creek where there is no horsepower restriction.

[[Page 204]]

    3. Cowpen Bayou, the Highway 28 borrow pits, and Bushley Bayou Unit 
are open to fishing all year.
    4. All other refuge waters on the Headquarters Unit, including Duck 
Lake, Muddy Bayou, Willow Lake, ditches, all outlet waters, and all 
flooded woodlands are open to fishing and boating from March 1 through 
October 31.
    5. On the Headquarters Unit we allow only pole and line or rod and 
reel fishing. We prohibit snagging.
    6. On the Bushley Bayou Unit we allow fishing and crayfishing 
subject to the following conditions:
    i. Anglers must reset trotlines when receding water levels expose 
them, and trotlines must consist of a length of cotton line that extends 
from the points of attachment into the water.
    ii. Anglers must attend yo-yos during daylight hours only.
    iii. We allow recreational gear (slat traps, wire nets, hoop nets) 
only by refuge permit and only in Bushley Creek, Big Bushley Creek, and 
Little Bushley Creek.
    iv. We prohibit commercial fishing and crayfishing.

                   D'Arbonne National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks, 
geese, coots, and woodcock on designated areas of the refuge subject to 
the following condition: We require permits.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge subject to the 
following condition: We require permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require permits.
    D. Sport Fishing. We allow fishing 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. We allow only cotton limb lines.

                     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. Any person entering, using, or occupying the refuge for fishing 
or crawfishing must abide by all terms and conditions in the refuge 
fishing brochure.

                   Lacassine National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, duck, 
gallinules, and coots 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 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. We allow hunting of ducks, 
geese, coots, woodcock, and snipe on designated areas of the refuge 
subject to the following conditions:
    1. We require a refuge permit.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the refuge hunting brochure.

[[Page 205]]

    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, feral hog, beaver, nutria, and coyote on designated areas of 
the refuge subject to the following conditions:
    1. We require a refuge permit.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all terms and conditions in the refuge hunting brochure.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    1. We require a refuge permit.
    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. We allow fishing in designated areas of the refuge 
subject to the following conditions:
    1. We require a refuge permit.
    2. Any person entering, using, or occupying the refuge for fishing 
must abide by all terms and conditions in the refuge fishing brochure.

                    Mandalay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds in designated areas of the refuge subject to the following 
condition: Any person entering, using, or occupying the refuge for 
hunting must abide by all terms and conditions in the refuge hunting 
brochure.
    B. Upland Game Hunting. [Reserved].
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
condition: 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. We allow fishing on designated areas of the refuge 
subject to the following condition: Any person entering, using, or 
occupying the refuge for fishing must abide by all terms and conditions 
in the refuge fishing brochure.

                     Sabine National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge subject to the 
following conditions:
    1. We require refuge hunting permits.
    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. We allow fishing, crabbing, and shrimp cast 
netting on designated areas of the refuge subject to the following 
condition: Any person entering, using, or occupying the refuge must 
abide by all terms and conditions set forth in the refuge fishing 
brochure.

                  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. We allow hunting of ducks, 
geese, coots, mourning doves, and woodcock on designated areas of the 
refuge subject to the following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge subject to the 
following condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    D. Sport Fishing. We allow fishing 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. We allow only cotton limb lines.

[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; 65 FR 30783, May 12, 2000; 65 FR 56402, Sept. 18, 2000; 66 FR 
46357, Sept. 4, 2001; 67 FR 58945, Sept. 18, 2002]



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.

                  Lake Umbagog National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks, 
geese, common snipe, sora, Virginia rail, common moorhen,

[[Page 206]]

and woodcock on designated areas of the refuge subject to the following 
conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. Designated permanent blinds will be available by reservation. We 
allow no other permanent blinds. You must remove your temporary blinds, 
boats, and decoys from the refuge following each day's hunt.
    3. You must wear in a conspicuous manner on the outermost layer of 
the head, chest, and back, a minimum of 400 square inches (2,600 cm\2\) 
of solid-colored hunter orange clothing or material, except when hunting 
ducks or geese.
    4. We allow pre-hunt scouting, however, we will not allow dogs 
during pre-hunt scouts.
    5. We prohibit dog training.
    6. You must unload all firearms outside of legal State hunting 
hours.
    7. We prohibit the use of all-terrain vehicles (ATV's).
    8. The Refuge will be open to hunting during the hours stipulated 
under Maine hunting regulations, but no longer than from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    B. Upland Game Hunting. We allow hunting of coyote, fox, raccoon, 
woodchuck, red squirrel, eastern gray squirrel, porcupine, skunk, 
American crow, showshoe hare, ring-necked pheasant, ruffed grouse, and 
northern bobwhite in designated areas subject to the following 
conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. You may only use pursuit or trailing dogs to hunt coyote or 
snowshoe hare.
    3. We allow hunting of snowshoe hare with dogs from November 20 to 
January 1.
    4. We allow hunting of coyote with dogs from October 20 to November 
9.
    5. We allow a maximum of four dogs per hunter.
    6. Dogs may only be on the refuge when the hunter is present.
    7. You must equip dogs used to hunt coyote with operational 
radiotelemetry collars. You must be in possession of a working 
radiotelemetry receiver that can detect and track the frequency(ies) 
emitted by each radio collar used.
    8. We do not allow hunting for coyote and raccoon from \1/2\ hour 
after sunset to \1/2\ hour before sunrise.
    9. We allow pre-hunt scouting, however, we do not allow dogs during 
pre-hunt scouts.
    10. We prohibit dog training.
    11. You must wear in a conspicuous manner on the outermost layer of 
the head, chest, and back, a minimum of 400 square inches (2,600 cm\2\) 
of solid-colored hunter orange clothing or material.
    12. You must unload all firearms outside of legal State hunting 
hours.
    13. We prohibit the use of all-terrain vehicles (ATV's).
    14. The refuge will be open to hunting during the hours stipulated 
under Maine hunting regulations, but no longer than from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    C. Big Game Hunting. We allow hunting of white-tailed deer, moose, 
black bear, and wild turkey on designated areas of the refuge subject to 
the following conditions:
    1. We allow bear hunting with dogs from October 20 to October 29.
    2. You must equip dogs used to hunt bear with operational 
radiotelemetry collars. You must be in possession of a working 
radiotelemetry receiver that can detect and track the frequency(ies) 
emitted by each radio collar used.
    3. We allow a maximum of four dogs per hunter.
    4. Dogs may only be on the refuge when the hunter is present.
    5. You must take the first bear you tree, except in the case of cubs 
or a sow with cubs.
    6. You must report where you took the bear to the State of Maine.
    7. We allow pre-hunt scouting, however, we will not allow dogs 
during pre-hunt scouts.
    8. We prohibit dog training.
    9. You may use only portable tree stands, and you must remove them 
from the refuge each day.
    10. You must wear in a conspicuous manner on the outermost layer of 
the head, chest, and back a minimum of 400 square inches (2,600 cm\2\) 
of solid-colored hunter orange clothing or material, except when hunting 
turkey.
    11. You must unload all firearms outside of legal State hunting 
hours.
    12. We prohibit the use of all-terrain vehicles (ATV's).
    13. The refuge will be open to hunting during the hours stipulated 
under Maine hunting regulations, but no longer than from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    D. Sport Fishing. [Reserved]

                   Moosehorn National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge subject to the following conditions:
    1. During firearms big game season hunters must wear in a 
conspicuous manner on head, chest, and back a minimum of 400 square 
inches (2,600 cm2) solid-colored hunter orange clothing or 
material.
    2. Hunters harvesting a deer on the refuge must notify the refuge 
office within 24 hours and present the field-dressed deer for inspection 
by refuge personnel.
    3. Hunters who wish to use portable tree stands or blinds must 
register at the refuge

[[Page 207]]

office prior to placement of the stand or blind.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow nonmotorized boats only on Bearce and Conic Lakes.
    2. We allow fishing during daylight hours only.

                  Petit Manan National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks, 
geese, woodcock, rails, gallinules, and snipe on designated areas of the 
refuge subject to the following conditions:
    1. You may not erect permanent waterfowl blinds on the refuge.
    2. You must remove all temporary blinds, concealment materials, 
boats, and decoys following each day's hunt.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. We prohibit the use of pursuit or trailing dogs on the refuge.
    3. We prohibit the hunting of crows on the refuge.
    4. The refuge will be open to hunting of coyotes no earlier than 
November 1 and no later than March 31.
    C. Big Game Hunting. We allow hunting of white-tailed deer and bear 
on designated areas of the refuge subject to the following conditions:
    1. We prohibit the use of pursuit or trailing dogs on the refuge.
    2. We allow black bear hunting only during the firearm season for 
white-tailed deer.
    3. You must remove all tree stands by the last day of the white-
tailed deer hunting season.
    4. We close the refuge to all visitation from sunrise to sunset. 
However, during hunting season, we allow hunters to enter the refuge \1/
2\ hour prior to sunrise and remain on the refuge \1/2\ hour after 
sunset.
    D. Sport Fishing. [Reserved]

                 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. You may possess only approved nontoxic shot while in the field.
    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.
    5. We allow only archery and shotgun hunting with appropriate 
buckshot or slug loads.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following condition: We allow fishing from sunrise to 
sunset.

                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. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: 
Shotgun hunters may possess only approved nontoxic shot while in the 
field.
    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. You may fish on the waters of and from the banks 
of Baker Brook, Birch Stream, Buzzy Brook, Johnson Brook, Little Birch 
Stream, Little Buzzy Brook, Sandy Stream, and Sunkhaze Stream.

[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; 65 FR 30784, May 12, 2000; 65 FR 56403, Sept. 18, 2000; 66 FR 
46358, Sept. 4, 2001; 67 FR 58946, Sept. 18, 2002]

[[Page 208]]



Sec. 32.39  Maryland.

    The following refuge units have been opened for hunting and/or 
fishing, and 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. We allow fishing and crabbing in designated areas 
of the refuge in accordance with State regulations and subject to the 
following conditions:
    1. We allow fishing and crabbing from Eastern Neck Island bridge.
    2. We allow fishing and crabbing from April 1--September 30 during 
daylight hours only at the Ingleside Recreation Area.
    3. We allow fishing from the Boxes Point and Duck Inn Trails during 
daylight hours only.

                        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 may possess only approved nontoxic shot while in 
the field.
    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.

[[Page 209]]

    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.
    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; 65 FR 30784, May 12, 2000]



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. We allow fishing in designated areas of the refuge 
subject to the following condition: In addition to daytime fishing, we 
allow fishing after sunset in accordance with State regulations.

                   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.
    3. In addition to daytime fishing, we allow fishing after sunset in 
accordance with State regulations.

                     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. We allow hunting of upland game birds, 
turkey, and small game 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. You may possess only approved nontoxic shot while in the field, 
except while hunting turkey.

[[Page 210]]

    4. Hunters will comply with all State hunting regulations.
    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:
    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. We allow saltwater fishing on the ocean beach and the surrounding 
waters of the Broad Sound.
    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; 65 FR 
30785, May 12, 2000; 65 FR 56404, Sept. 18, 2000; 66 FR 46358, Sept. 4, 
2001]



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. We allow hunting of deer and bear on designated 
areas of the refuge subject to the following condition: We do not allow 
the use of dogs while deer or bear hunting.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We do not allow the use of fishing weights or lures containing 
lead.
    2. We allow ice fishing from January 1 through the end of February 
during daylight hours only.
    3. We do not allow ice shanties, houses, or shelters on F Pool.
    4. When ice fishing, we do not allow snowmobiles or all-terrain 
vehicles. We prohibit all-terrain vehicles and snowmobiles on the 
refuge.
    5. We allow fishing from May 15 through September 30 during daylight 
hours only.
    6. We allow fishing on the Creighton Driggs and Manistique Rivers 
from May 15 through September 30.
    7. We allow only bank fishing in refuge pools.
    8. We allow nonmotorized boats and bankfishing along Driggs and 
Creighton Rivers.

                   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

[[Page 211]]

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; 67 FR 58946, Sept. 18, 2002]



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]

                   Big Stone National Wildlife Refuge

    A. Hunting of Migratory Game Birds. You may not hunt any migratory 
game birds on the refuge. You may retrieve waterfowl taken outside the 
refuge boundary up to 100 yards (90 m) inside the refuge.
    B. Upland Game Hunting. You may hunt partridge, pheasant, wild 
turkey, gray and fox squirrel, cottontail and jack rabbit, red and gray 
fox, raccoon, and striped skunk on designated areas of the refuge 
subject to the following conditions:
    1. You may possess only approved nontoxic shot while hunting for 
partridge or ring-necked pheasant.
    2. You may hunt fox, raccoon, and striped skunk only during open 
seasons for other small game species. You may not use dogs while raccoon 
hunting.
    3. You may hunt only turkey if you have a valid State turkey hunting 
permit in your possession.
    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. You may hunt only deer if you have a valid State permit in your 
possession.
    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. We allow hunting of migratory 
game birds throughout the district except that we allow no hunting on 
the Townsend, Headquarters, Mavis, and Gilmore Waterfowl Production 
Areas (WPA) in Otter Tail County, and Larson WPA in Douglas County.
    B. Upland Game Hunting. We allow upland game hunting throughout the 
district except that we allow no hunting on the Townsend, Headquarters, 
Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas 
County.
    C. Big Game Hunting. We allow big game hunting throughout the 
district except that we allow no hunting on the Townsend, Headquarters, 
Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas 
County.
    D. Sport Fishing. We allow sport fishing throughout the district 
except that we allow no fishing on the Townsend, Headquarters, Mavis, 
and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas County.

                 Litchfield Wetland Management District

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds throughout the district except you may not hunt on the Phare 
Lake Waterfowl Production Area in Renville County. All hunting is 
subject to the following conditions:
    1. You must remove boats, decoys, and other personal property 
following each day's hunt.
    2. You must remove portable or temporary blinds and any material 
brought onto the area for blind construction following each day's hunt.
    B. Upland Game Hunting. We allow upland game hunting throughout the 
district.
    C. Big Game Hunting. We allow big game hunting throughout the 
district subject to the following conditions:
    1. We do not allow construction or use of permanent blinds, stands, 
or platforms.
    2. You must remove all temporary blinds, stands, or platforms 
following each day's hunt.
    D. Sport Fishing. We allow fishing throughout the district.

                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.

[[Page 212]]

    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. You may possess only approved nontoxic shot while in the field.
    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 possess only approved nontoxic shot while in 
the field.
    B. Upland Game Hunting. Hunters may hunt ruffed grouse, spruce 
grouse, grey and fox squirrels, cottontail rabbit and snowshoe hare on 
designated areas of the refuge.
    1. Shotgun hunters may possess only approved 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. 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. We only allow fishing from the fishing pier on 
Tamarac Lake beginning May 1 through July 15 during refuge open hours.

                   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:

[[Page 213]]

    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 possess only approved nontoxic shot while in 
the field.
    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 possess only approved 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. 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 other 
small game species. Dogs may not be used for fox or raccoon hunting.
    3. Shotgun hunters may possess only approved nontoxic shot while 
hunting for all upland game species.
    4. We require hunters to wear at least one article of blaze orange 
clothing visible above the waist.
    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. We allow hunting of migratory 
game birds throughout the district except that you may not hunt on the 
Worthington Waterfowl Production Area (WPA) in Nobles County, 
Headquarters WPA in Jackson County, or designated portions of the Wolf 
Lake WPA in Cottonwood County.
    B. Upland Game Hunting. We allow hunting of upland game throughout 
the district except that you may not hunt on the Worthington WPA in 
Nobles County, Headquarters WPA in Jackson County, or designated 
portions of the Wolf Lake WPA in Cottonwood County.
    C. Big Game Hunting. We allow hunting of big game throughout the 
district except that you may not hunt on the Worthington WPA in Nobles 
County, Headquarters WPA in Jackson County, or designated portions of 
the Wolf Lake WPA in Cottonwood County.

[[Page 214]]

    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; 65 FR 30785, May 
12, 2000; 65 FR 56404, Sept. 18, 2000; 66 FR 46358, Sept. 4, 2001; 67 FR 
58946, Sept. 18, 2002]



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. We allow hunting of mourning 
doves, migratory waterfowl, coots, snipe, and woodcock on designated 
areas of the refuge subject to the following condition: We require 
permits.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
beaver, raccoon, coyotes, and opossum on designated areas of the refuge 
subject to the following condition: We require permits.
    C. Big Game Hunting. We allow hunting of deer, turkey, and feral 
hogs on designated areas of the refuge subject to the following 
condition: We require permits.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We require permits.

                   Grand Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, and mourning doves on designated areas of the refuge 
subject to State regulations and the following conditions:
    1. Hunting of waterfowl will cease at 2:00 p.m. each day of open 
season.
    2. You may use only portable or temporary blinds.
    3. You must remove portable or temporary blinds and decoys from the 
refuge following each day's hunt.
    4. You may possess only approved nontoxic shot while hunting 
waterfowl in the field.
    5. The refuge is a day-use area only with the exception of legal 
hunting activities.
    6. We prohibit the use of all-terrain vehicles on all refuge hunts.
    7. We prohibit target practice on refuge property.
    8. We prohibit mules and horses on refuge hunts.
    9. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along rights-of-way for public or private land within the 
refuge.
    10. Each hunter must have in his/her possession a current, signed 
copy of the Grand Bay National Wildlife Refuge Hunting Permit while 
participating in refuge hunts.
    B. Upland Game Hunting. We allow hunting of squirrel on designated 
areas of the refuge subject to State regulations and the following 
conditions:
    1. We prohibit mules and horses on refuge hunts.
    2. We prohibit the use of all-terrain vehicles on all refuge hunts.
    3. The refuge is a day-use area only with the exception of legal 
hunting activities.
    4. We prohibit target practice on refuge property.
    5. We limit shotguns to no larger than 10 gauge. All shotgun 
ammunition must meet legal shot-size requirements.
    6. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along rights-of-way for public or private land within the 
refuge.
    7. Each hunter must have in his/her possession a current, signed 
copy of the Grand Bay National Wildlife Refuge Hunting Permit while 
participating in refuge hunts.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge subject to State regulations and 
the following conditions:
    1. We prohibit the use or construction of any permanent tree stand.
    2. We allow portable and climbing stands, but you must remove them 
from the tree when not in use or they will be subject to confiscation.
    3. We require safety belts at all times with the use of tree stands.
    4. The refuge is a day-use area only with the exception of legal 
hunting activities.
    5. We prohibit the use of all-terrain vehicles on all refuge hunts.
    6. We prohibit the use of mules and horses on refuge hunts.
    7. You may not hunt by organized deer drives of two or more hunters. 
The definition of drive is: the act of chasing, pursuing, disturbing, or 
otherwise directing deer so as to make the animals more susceptible to 
harvest.
    8. We prohibit target practice on refuge property.
    9. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along rights-of-way for public or private land within the 
refuge.
    10. You must have in your possession a current, signed copy of the 
Grand Bay National Wildlife Refuge Hunting Permit while participating in 
refuge hunts.
    D. Sport Fishing. [Reserved]

[[Page 215]]

                    Hillside National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning 
doves, waterfowl, and coots on designated areas of the refuge subject to 
the following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of quail, rabbit, squirrel, 
and raccoon on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    D. Sport Fishing. We allow fishing and frogging in designated 
portions of the refuge subject to the following condition: We require a 
refuge permit.

                 Mathews Brake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning 
doves, waterfowl, and coots on designated areas of the refuge subject to 
the following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of quail, rabbit, squirrel, 
and raccoon on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    D. Sport Fishing. We allow fishing and frogging on designated 
portions of the refuge subject to the following condition: We require a 
refuge permit.

                  Morgan Brake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning 
doves, waterfowl, and coots on designated areas of the refuge subject to 
the following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of quail, rabbit, squirrel, 
and raccoon on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    D. Sport Fishing. We allow fishing and frogging in designated 
portions of the refuge subject to the following condition: We require a 
refuge 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. We allow hunting of mourning 
doves, waterfowl, and coots on designated areas of the refuge subject to 
the following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of quail, rabbit, squirrel, 
and raccoon on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    D. Sport Fishing. We allow fishing and frogging in designated 
portions of the refuge subject to the following condition: We require a 
refuge permit.

              St. Catherine Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks, 
geese, and coots on designated areas of the refuge subject to the 
following condition: We require permits.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
beaver, nutria, muskrat, feral hogs, raccoon, coyotes, and opossum on 
designated areas of the refuge subject to the following condition: We 
require permits.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: We require permits.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We require permits.

                  Tallahatchie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning 
doves, migratory waterfowl, coots, snipe, and woodcock on designated 
areas of the refuge subject to the following condition: We require 
permits.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
beaver, raccoon, coyotes, and opossum on designated areas of the refuge 
subject to the following condition: We require permits.
    C. Big Game Hunting. We allow hunting of deer, turkey, and feral 
hogs on designated

[[Page 216]]

areas of the refuge subject to the following condition: We require 
permits.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We require permits.

                     Yazoo National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of waterfowl on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit. Please consult the refuge brochure for species 
information.
    B. Upland Game Hunting. We allow hunting of rabbit, squirrel, and 
raccoon on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    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; 65 FR 30785, May 12, 2000; 66 FR 46358, Sept. 4, 
2001]



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. We allow hunting of migratory 
game birds on designated areas of the refuge subject to posted 
regulations and the following conditions:
    1. Hunters may use only approved nontoxic shot while in the field.
    2. You must remove all your blinds, boats, and decoys from the 
refuge following each day's hunt except for blinds made entirely of 
marsh vegetation. You may not cut woody vegetation on the refuge for 
blinds.
    B. Upland Game Hunting. We allow hunting of upland game animals on 
designated areas of the refuge subject to posted regulations and the 
following conditions:
    1. You may use only approved nontoxic shot while hunting for upland 
game, except wild turkeys. You may use lead shot while hunting for wild 
turkey.
    C. Big Game Hunting. We allow big game hunting on designated areas 
of the refuge subject to posted regulations and the following 
conditions:
    1. You may not use tree spikes to help you climb trees or hunt on 
the refuge.
    2. You must remove tree stands from the refuge within 24 hours of 
the close of the deer hunting season.
    3. You may not hunt over or place on the refuge any salt or other 
mineral blocks.
    D. Sport Fishing. Fishermen may fish on designated areas of the 
refuge subject to posted regulations.

                Clarence Cannon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to posted regulations.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to posted regulations.

                  Great River National Wildlife Refuge

    Refer to Sec. 32.32 Illinois for regulations.

            Middle Mississippi River 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.

[[Page 217]]

                   Swan Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. Hunting of geese is permitted on 
designated areas of the refuge subject to the following conditions:
    1. Permits are required.
    2. You may possess only approved nontoxic shot while in the field.
    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.

                   Two Rivers National Wildlife Refuge

    Refer to Sec. 32.32 Illinois for regulations.

[58 FR 5064, Jan. 19, 1993, as amended at 59 FR 6694, Feb. 11, 1994; 61 
FR 45367, Aug. 29, 1996; 61 FR 46397, Sept. 3, 1996; 65 FR 30785, May 
12, 2000; 65 FR 56404, Sept. 18, 2000; 66 FR 46359, Sept. 4, 2001]



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. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: You 
may possess only approved nontoxic shot while in the field.
    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. You may possess only approved nontoxic shot while in the field.
    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]

[[Page 218]]

                   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.
    B. Upland Game Hunting. Hunters may hunt upland game birds on 
designated areas of the refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    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. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: You 
may possess only approved nontoxic shot while in the field.
    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. We allow hunting of ducks, 
geese, and coots from established blinds in designated areas of the 
refuge in accordance with State regulations and subject to the following 
conditions (consult refuge manager prior to hunting to learn of changes 
or updates):
    1. Hunting Access: We number blinds and assign them to a specific 
access point designated in the refuge hunting leaflet. Hunters must park 
at the appropriate access point and numbered parking space and walk to a 
blind along mowed trails designated on the hunting leaflet. We open 
access points to hunters who intend to immediately hunt on the refuge. 
We prohibit wildlife observation, scouting, and loitering at access 
points and parking areas.
    2. Hunting Hours: We open the hunting area, defined by the refuge 
boundary fence, 2 hours before and require departure 2 hours after the 
waterfowl hunting hours, as defined by Montana Department of Fish, 
Wildlife and Parks.
    3. Registration: Each hunter must record his or her name and 
Conservation License Number at the appropriate register before hunting, 
must set the appropriate blind selector before and after hunting, and 
must record hunting data at the appropriate register before departing 
the hunting area.
    4. Blind selection is on a first-come, first-served basis with the 
exception of the opening weekend of waterfowl season. We will distribute 
blind permits for the opening weekend by a public drawing. We will 
announce the drawing time and place in local newspapers.
    5. Hunters with a documented mobility disability may reserve an 
accessible blind in advance by contacting a refuge officer.
    6. No more than four hunters may use a single blind at one time.
    7. You may not possess more than 20 approved nontoxic shotshells per 
day.
    8. You must conduct all hunting from within 10 feet (3 m) of a 
blind.
    9. All hunters must have a visible means of retrieving waterfowl 
such as a float tube, chest-high waders, or a dog capable of retrieving.
    10. Hunters must deploy a minimum of six decoys per blind in order 
to hunt from blinds 7, 8, 9, 10, 11, and 14.

[[Page 219]]

    11. We prohibit attempting to ``reserve'' a blind for use later in 
the day by depositing a vehicle or other equipment on the refuge. A 
hunter must be physically present in the hunting area in order to use a 
blind.
    12. We prohibit falconry hunting.
    13. We prohibit blocking access to refuge gates.
    14. We prohibit boats, fishing gear, fires, alcoholic beverages, and 
littering. Litter includes food products, animal parts, and spent 
shells.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow archery hunting of white-tailed deer 
on designated areas of the refuge in accordance with State regulations 
and subject to the following conditions (consult refuge manager prior to 
hunting to learn of changes or updates):
    1. Hunting Access: Hunters must enter and exit through designated 
archery hunting access points. Access points are open to hunters 
intending to immediately hunt on the refuge. We prohibit wildlife 
observation, scouting, and loitering at access points and parking areas.
    2. Hunting Hours: We open the hunting area, defined by the refuge 
boundary fence, 2 hours before and require departure 2 hours after the 
big game hunting hours as defined by Montana Department of Fish, 
Wildlife and Parks.
    3. Registration: Each hunter must record his or her name and 
Conservation License Number at the appropriate register before hunting 
and must record hunting data at the appropriate register before 
departing the hunting area.
    4. Tree Stands and Blinds: We allow only portable tree stands and 
blinds. We prohibit leaving tree stands or ground blinds on the refuge 
overnight. We prohibit the use of screw-in tree steps or climbing 
spikes. We prohibit the use of nails, wire, screws, or bolts to attach a 
stand to a tree, or hunting from a tree into which a hunter has driven a 
metal object for support.
    5. We prohibit pre-season entry or scouting.
    6. Hunters may not enter or retrieve deer from closed areas of the 
refuge without the consent of a refuge officer.
    7. We prohibit boats, fishing gear, fires, firearms, alcoholic 
beverages, and littering.
    8. Hunters with a documented mobility disability may access 
designated locations in the hunting area to hunt from ground blinds. To 
access these areas, hunters must contact the refuge manager in advance 
to obtain a special use permit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations in effect on the Bitterroot River 
from Tucker Crossing to Florence Bridge subject to specific regulations 
detailed in refuge publications, signs, and brochures.

                   Lost Trail National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of turkey and mountain 
grouse in designated areas of the refuge in accordance with State 
regulations and subject to the following conditions:
    1. We do not allow hunting in areas posted as ``Closed to Hunting'' 
around the refuge headquarters, maintenance buildings, and quarters.
    2. We prohibit guiding and outfitting.
    3. We allow use of riding or pack stock on access routes designated 
through the refuge to access off-refuge lands as designated in the 
public use leaflet.
    4. You may not use dogs for hunting of any species.
    5. You may possess only approved nontoxic shot while on the refuge.
    6. We prohibit overnight camping.
    7. We prohibit retrieval of game through areas closed to hunting 
without prior consent by the refuge manager.
    8. We allow only portable or temporary blinds and tree stands.
    9. We allow parking in designated areas only.
    C. Big Game Hunting. We allow hunting of elk, white-tailed deer, and 
mule deer within designated areas of the refuge in accordance with State 
regulations and subject to the following conditions:
    1. We do not allow hunting in areas posted as ``Closed to Hunting'' 
around the refuge headquarters, maintenance buildings, and quarters.
    2. We prohibit guiding and outfitting.
    3. We allow use of riding or pack stock on access routes designated 
through the refuge to access off-refuge lands as designated in the 
public use leaflet.
    4. You may not use dogs for hunting of any species.
    5. You may possess only approved nontoxic shot while on the refuge.
    6. We prohibit overnight camping.
    7. We prohibit open fires.
    8. We prohibit retrieval of game through areas closed to hunting 
without prior consent by the refuge manager.
    9. We allow only portable or temporary blinds and tree stands.
    10. We allow parking in designated areas only.
    11. The first week of the archery and the first week of general elk 
and deer hunting season are open to youth-only (ages 12 and 13 only) 
hunting.
    D. Sport Fishing. [Reserved]

                 National Bison National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 220]]

    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]
    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. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge subject to the 
following condition: Waterfowl and coot hunters may possess only 
approved nontoxic shot while in the field.
    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. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge subject to the 
following condition: Waterfowl and coot hunters may possess only 
approved nontoxic shot while in the field.
    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. We allow hunting of upland game birds on 
designated areas of the refuge subject to the following condition: You 
may possess only approved nontoxic shot while in the field.
    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; 65 FR 30786, May 12, 2000; 67 FR 
58946, Sept. 18, 2002]



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).

[[Page 221]]

                 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.
    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. We allow hunting of geese, 
ducks, coots, moorhens, snipe, and doves in accordance with State and 
refuge-specific regulations on designated areas of the refuge subject to 
the following conditions:
    1. We allow hunting only on designated days.
    2. We allow only nonmotorized boats or boats with electric motors on 
the refuge hunting area during the migratory waterfowl hunting season.
    B. Upland Game Hunting. We allow hunting of quail and rabbit in 
accordance with State and refuge-specific regulations on designated 
areas of the refuge subject to the following conditions:
    1. We allow hunting of quail and rabbit only on designated days 
during the regular State season for quail.
    2. We prohibit the discharging of rifles or handguns.
    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. We allow hunting of geese, 
ducks, coots, moorhens, snipe, and doves in accordance with State and 
refuge-specific regulations on designated areas of the refuge subject to 
the following conditions:
    1. We allow hunting only on designated days.
    2. We allow only nonmotorized boats or boats with electric motors on 
the refuge hunting area during the migratory waterfowl hunting season.
    B. Upland Game Hunting. We allow hunting of quail and rabbit in 
accordance with State and refuge-specific regulations on designated 
areas of the refuge subject to the following condition: We allow hunting 
of quail and rabbit only on designated days during the regular State 
season for quail.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    1. We allow fishing year round with exception of North Marsh, which 
we close October 1 to February 1.

[[Page 222]]

    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. We allow hunting of dark geese, 
ducks, coots, moorhens, and common snipe on designated areas of the 
refuge in accordance with State regulations and subject to the following 
conditions:
    1. The refuge is open to the public from 1 hour before sunrise until 
2 hours after sunset.
    2. We do not allow permanent or pit blinds on the refuge. You must 
remove all blind materials and decoys following each day's hunt.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State laws and subject to the following conditions:
    1. The refuge is open to the public from 1 hour before sunrise until 
2 hours after sunset.
    2. We allow fishing by wading and from personal flotation devices 
(float tubes) and bank fishing in designated areas.
    3. You may use only artificial lures in the Collection Ditch and 
adjoining spring ponds.
    4. We do not allow boats on refuge waters from January 1 through 
June 14.
    5. During the boating season, we allow boats only on the South 
Marsh. June 15 through July 31, we allow only motorless boats or boats 
with battery-powered electric motors. Anglers must remove all gasoline-
powered motors. August 1 through December 31, we allow only motorless 
boats and boats propelled with motors with a total of 10 horsepower or 
less.
    6. We allow launching of boats only from designated landings.
    7. We prohibit the possession of live or dead bait fish, any 
amphibians (including frogs), and crayfish on the refuge.
    8. We do not allow storage of boats of any kind on the refuge 
beginning January 1 through May 31.
    9. We do not allow off-road vehicles on the refuge.

                    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 may possess only approved nontoxic 
shot while in the field.
    2. Hunters may not use motorized boats.
    B. Upland Game Hunting. We allow hunting of quail, grouse, and 
partridge on designated areas of the refuge.
    C. Big Game Hunting. We allow hunting of deer, pronghorn, and 
bighorn sheep on designated areas of the refuge.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. Anglers may only bank fish, fish by wading, or use boats with 
electric motors, float tubes or similar flotation devices in Big Springs 
Reservoir, Duferrena Ponds, and Catnip Reservoir. Anglers may not fish 
from other types of motorized boats.
    2. We allow only individuals 12 years of age or under, or 65 years 
of age or older, or disabled individuals 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; 65 FR 30786, May 12, 2000; 65 FR 
56405, Sept. 18, 2000; 66 FR 46360, Sept. 4, 2001; 67 FR 58948, Sept. 
18, 2002]



Sec. 32.48  New Hampshire.

    We have opened the following refuge unit to hunting and/or fishing 
with applicable refuge-specific regulations:

                   Great Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to the following 
conditions:
    1. Waterfowl hunting will not require a permit. We will allow 
hunting only from the immediate shoreline of the Bay.

[[Page 223]]

    2. We allow only portable blinds. You must remove all decoys, 
blinds, and boats after each day's hunt.
    3. Waterfowl hunters may access shorelines by boat only.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge subject to the following conditions:
    1. We require refuge permits for the deer hunt.
    2. We require big game hunters to wear in a conspicuous manner on 
the head, chest, and back, a minimum of 400 square inches (2600 cm\2\) 
of solid-colored blaze-orange clothing or material.
    3. We allow only shotguns and bows.
    D. Sport Fishing. [Reserved]

                  Lake Umbagog National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks, 
geese, common snipe, and woodcock on designated areas of the refuge 
subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. Designated permanent blinds will be available by reservation. We 
will allow no other permanent blinds. You must remove your temporary 
blinds, boats, and decoys from the refuge following each day's hunt.
    3. You must wear in a conspicuous manner on the outermost layer of 
the head, chest, and back, a minimum of 400 square inches (2,600 cm\2\) 
of solid-colored hunter orange clothing or material, except when hunting 
ducks or geese.
    4. You must unload all firearms outside of legal State hunting 
hours.
    5. We prohibit use of all-terrain vehicles (ATV's).
    6. We allow pre-hunt scouting, however, we do not permit dogs during 
pre-hunt scouts.
    7. We prohibit dog training.
    8. The refuge will be open to hunting during the hours stipulated 
under New Hampshire hunting regulations, but no longer than from \1/2\ 
hour before legal sunrise to \1/2\ hour after legal sunset.
    B. Upland Game Hunting. We allow hunting of coyote, fisher, fox, 
raccoon, woodchuck, red squirrel, porcupine, skunk, weasel, American 
crow, mink, muskrat, snowshoe hare, ring-necked pheasant, ruffed grouse, 
and northern bobwhite in designated areas subject to the following 
conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. You may only use pursuit or trailing dogs to hunt coyote or 
snowshoe hare.
    3. We allow hunting of snowshoe hare from November 20 to January 1.
    4. We allow hunting of coyote with dogs from October 20 to November 
9.
    5. We allow a maximum of four dogs per hunter.
    6. Dogs may only be on the refuge when the hunter is present.
    7. You must equip dogs used to hunt coyote with operational 
radiotelemetry collars. You must be in possession of a working 
radiotelemetry receiver that can detect and track the frequency(ies) 
emitted by each radio collar used.
    8. We do not allow hunting for coyote and raccoon from \1/2\ hour 
after sunset to \1/2\ hour before sunrise.
    9. We allow pre-hunt scouting, however, we will not allow dogs 
during pre-hunt scouts.
    10. We prohibit dog training.
    11. You must wear in a conspicuous manner on the outermost layer of 
the head, chest, and back, a minimum of 400 square inches (2,600 cm\2\) 
of solid-colored hunter orange clothing or material.
    12. You must unload all firearms outside of legal State hunting 
hours.
    13. We prohibit the use of all-terrain vehicles (ATV's).
    14. The refuge will be open to hunting during the hours stipulated 
under New Hampshire hunting regulations, but no longer than from \1/2\ 
hour before legal sunrise to \1/2\ hour after legal sunset.
    C. Big Game Hunting. We allow hunting of white-tailed deer, moose, 
and black bear on designated areas of the refuge subject to the 
following conditions:
    1. We allow hunting of bear with dogs from October 20 to November 9.
    2. You must equip dogs used to hunt bear with operational 
radiotelemetry collars. You must be in possession of a working 
radiotelemetry receiver that can detect and track the frequency(ies) 
emitted by each radio collar used.

[[Page 224]]

    3. We allow a maximum of four dogs per hunter.
    4. Dogs may only be on the refuge when the hunter is present.
    5. You must take the first bear you tree, except in the case of cubs 
or a sow with cubs.
    6. You must report where you took the bear to the State of New 
Hampshire.
    7. We allow pre-hunt scouting, however, we do not allow dogs during 
pre-hunt scouts.
    8. We prohibit dog training.
    9. You may use only portable tree stands, and you must remove them 
from the refuge each day.
    10. You must wear in a conspicuous manner on the outermost layer of 
the head, chest, and back, a minimum of 400 square inches (2,600 cm\2\) 
of solid-colored hunter orange clothing or material.
    11. You must unload all firearms outside of legal State hunting 
hours.
    12. We prohibit the use of all-terrain vehicles (ATV's).
    13. The refuge will be open to hunting during the hours stipulated 
under New Hampshire hunting regulations, but no longer than from \1/2\ 
hour before legal sunrise to \1/2\ hour after legal sunset.
    D. Sport Fishing. [Reserved]

[65 FR 30786, May 12, 2000, as amended at 65 FR 56405, Sept. 18, 2000]



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:
    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. You may possess only approved nontoxic shot while in the field.
    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. We allow hunting of waterfowl, 
coots, moorhens, and rails on designated areas of the refuge subject to 
the following conditions:
    1. You must remove all your hunting blind materials, boats, and 
decoys at the end of each hunting day. We do not allow permanent and pit 
blinds.
    2. We may restrict use of Hunting Unit 3 of the Brigantine Division 
to certified Young Waterfowl Program trainees for up to 30 days as 
posted.
    3. You may not possess more than 25 shells per day in Hunting Units 
A, B, and C in the Barnegat Division. You may not possess more than 50 
shells per day in Unit 1 of the Brigantine Division.
    4. In Hunting Unit B of the Barnegat Division, we restrict hunting 
to designated sites, with each site limited to one party of hunters. We 
require a minimum of six decoys per site.
    5. In Hunting Unit D of the Barnegat Division, we require a minimum 
of six decoys and do not allow jump shooting. Access is by boat only; we 
do not allow foot access.
    6. Access is by boat only in all Units except the portion of Unit A 
that is south of West Creek Dock Road, in the Barnegat Division, and 
Unit 5 in the Brigantine Division. You may access these Units by foot or 
boat.
    7. You may occupy no sites or Units before 4:00 a.m. Access is by 
boat only.
    8. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. We require a State permit for the appropriate New Jersey Deer 
Management Zone. You must have this permit stamped and validated in 
person at the Refuge Headquarters.
    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,

[[Page 225]]

chest and back a minimum of 400 square inches of solid-colored hunter 
orange clothing or material.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow saltwater fishing from the Holgate beach and Little 
Beach Island with the exception of those areas posted as closed. We may 
close the Holgate Unit and Little Beach Island to all public use during 
the migratory bird nesting season. We require a saltwater fishing permit 
to fish from Little Beach Island. You may obtain permits from the Refuge 
Headquarters.
    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.
    4. We allow bank fishing and crabbing at designated areas. Contact 
the Refuge Headquarters for locations.

                  Great Swamp National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved].
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge subject to the following conditions: Hunters must comply with 
State laws governing special deer permit hunts.
    D. Sport Fishing. [Reserved]

                Supawna Meadows National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese and 
ducks on designated areas of the refuge during designated refuge seasons 
subject to the following conditions:
    1. We allow loaded and uncased firearms in an unanchored boat only 
when retrieving crippled birds.
    2. You must remove all hunting blind materials, boats, and decoys 
following each day's hunt. We do not allow permanent blinds.
    3. You may possess only approved nontoxic shot while in the field.
    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. 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. You may only use single-projectile ammunition when hunting from a 
stand elevated at least 6 feet (1.8 m) above ground level and only in 
firearms equipped with adjustable sights or a scope. Hunters may use 
buckshot when hunting from the ground or from stands less than 6 feet 
above ground level.
    D. Sport Fishing. We allow fishing and crabbing on the refuge in 
designated areas subject to the following conditions:
    1. We prohibit the taking of frogs, salamanders, and turtles from 
all nontidal waters and refuge lands.
    2. We prohibit fishing in designated nontidal waters from sunset to 
sunrise.
    3. We prohibit bow fishing in nontidal waters.

                 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 possess only approved nontoxic shot while in 
the field.
    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.

[[Page 226]]

    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; 65 FR 30787, May 12, 
2000; 65 FR 56406, Sept. 18, 2000; 66 FR 46360, Sept. 4, 2001]



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. We allow hunting of geese, 
ducks, coots, mourning doves, and sandhill cranes on designated areas of 
the refuge subject to the following conditions:
    1. You may hunt during seasons, dates, times, and areas posted by 
signs and/or indicated on refuge leaflets, special regulations, and maps 
available at the refuge office.
    2. You may possess only approved nontoxic shot while in the field.
    3. We do not allow pit or permanent blinds.
    4. Neither hunters nor dogs may enter closed areas to retrieve game.
    B. Upland Game Hunting. We allow hunting of pheasant, quail, 
cottontail, and jack rabbit on designated areas of the refuge subject to 
the following conditions:
    1. We allow hunting during seasons, dates, times, and areas as 
posted by signs and/or indicated on refuge leaflets, special 
regulations, and maps available at the refuge office.
    2. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. We allow hunting of mule deer, white-tailed 
deer, and feral hog on designated areas of the refuge subject to the 
following condition: We allow hunting during seasons, dates, times, and 
areas as posted by signs and/or indicated on refuge leaflets, special 
regulations, and maps available at the refuge office.
    D. Sport Fishing. [Reserved]

               Bosque del Apache National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning and 
white-winged doves and snow geese on designated areas of the refuge 
subject to the following conditions:
    1. You may hunt snow geese on Monday, Wednesday, and Friday during 
the second full week of January.
    2. We require a refuge permit and payment of a fee to hunt snow 
geese.
    3. You may possess only nontoxic shot while in the field.
    4. We allow use of hunting dogs for bird retrieval.
    5. We do not allow hunters or dogs to retrieve dead or wounded birds 
in closed areas.
    6. Each hunter must successfully complete a New Mexico crane and 
snow goose hunter identification training course for hunting on State 
and Federal refuges in the Middle Rio Grande Valley.
    7. Snow goose hunters must report to the refuge headquarters by 4:45 
a.m. each hunt day. Shooting time will be 6:45 a.m. to 10 a.m. local 
time.
    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. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. We allow hunting of mule deer and oryx on 
designated areas of the refuge subject to the following conditions:
    1. Refer to the refuge map for designated areas.
    2. Hunts are subject to State regulations and seasons.
    3. Oryx hunters should contact the refuge manager for special hunt 
dates.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following conditions:
    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. You may possess only approved nontoxic shot while in the field.
    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]

[[Page 227]]

                    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.

                   San Andres National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of oryx or gemsbok (Oryx 
gazella) on designated areas of the refuge subject to the following 
conditions:
    1. We require hunters to check in and out of the hunt area.
    2. We require hunters to attend unexploded ordnance (UXO) training 
prior to entering the hunt area.
    3. We require State permits and payment of a hunt fee.
    D. Sport Fishing. [Reserved]

                   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; 65 FR 30787, May 12, 
2000; 65 FR 56406, Sept. 18, 2000; 66 FR 46360, Sept. 4, 2001; 67 FR 
58948, Sept. 18, 2002]



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. We require refuge permits.
    2. Completion of the State waterfowl identification course is 
required.
    3. Waterfowl hunters may not possess more than 20 shells per day.
    4. Waterfowl hunters must provide and use a minimum of six decoys 
per hunter.
    5. Waterfowl hunting is permitted from designated stands only, with 
a maximum of three hunters per stand.
    6. Hunting must occur within 50 feet of a stand marker, unless 
actively pursuing crippled birds.
    7. You may possess only approved nontoxic shot while in the field.
    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. We require refuge permits.
    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 may possess only approved nontoxic shot while in 
the field.
    C. Big Game Hunting. We allow hunting of deer and turkeys on 
designated areas of the refuge subject to the following condition: We 
require refuge permits.
    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

[[Page 228]]

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. We do not allow the use of boats or other flotation devices with 
the exception that you may use nonmotorized boats on Oak Orchard Creek 
east of Route 63.
    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.
    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; 65 FR 30787, May 12, 2000; 65 FR 56406, Sept. 18, 2000]



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.

[[Page 229]]

                Alligator River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of swans, 
geese, ducks, coots, common snipe, mourning doves, and woodcock on 
designated areas of the refuge subject to the following conditions:
    1. We require possession of a refuge hunting permit.
    2. You may possess only approved nontoxic shot in the field.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, and opossum on designated areas of the refuge subject to the 
following conditions:
    1. We require possession of a refuge permit.
    2. You may possess only approved nontoxic shot while on the refuge 
when hunting with a shotgun, except you may possess slugs and buckshot 
containing lead to hunt deer.
    3. We require possession of a refuge Special Use Permit to hunt 
raccoon and opossum at night.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require possession of a refuge hunting permit.
    D. Sport Fishing. We allow fishing and frogging on designated areas 
of the refuge subject to the following conditions:
    1. You may fish year-round from \1/2\ hour before sunrise to \1/2\ 
hour after sunset. We require possession of a refuge Special Use Permit 
to fish at night.
    2. You may use only a pole and line, rod and reel, hand line, dip 
net, or cast net for fishing.
    3. You may take frogs only at night from April 1 through August 31. 
We require possession of a refuge Special Use Permit to take frogs.

                  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. You may possess only approved nontoxic shot while in the field.
    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]

                   Currituck National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of swans, 
geese, ducks, and coots on designated areas of the refuge subject to the 
following conditions:
    1. We require permits.
    2. Hunting must be from assigned blind location.
    3. We allow hunting on Wednesdays and Saturdays during the North 
Carolina waterfowl season.
    4. We allow hunting from \1/2\ hour before sunrise to 1 p.m.
    5. We allow access 1\1/2\ hours before legal shooting time, and all 
parties must be off the refuge by 3 p.m.
    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. We allow hunting of swans, 
geese, ducks, and coots on designated areas of the refuge subject to the 
following conditions:
    1. We require permits.
    2. We allow taking of Canada geese only during the special September 
season for resident Canada geese.
    3. Any person entering, using, or occupying the refuge for hunting 
must abide by all the terms and conditions in the refuge hunting 
brochure.
    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.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all the terms and conditions in the refuge hunting 
brochure.
    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge subject to the following conditions:
    1. We allow fishing and crabbing from March 1 through November 1 
from \1/2\ hour

[[Page 230]]

before sunrise to \1/2\ hour after sunset or as posted.
    2. We allow bank fishing and crabbing year-round along 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. We allow bank 
fishing and crabbing from \1/2\ hour before sunrise to \1/2\ hour after 
sunset except that the Highway 94 Causeway is open to fishing and 
crabbing 24 hours per day.
    3. You may not dip herring (alewife).
    4. You must attend all fish lines and crabbing equipment. We 
restrict crabbing equipment to 5 handlines and/or hand-activated traps 
per person. The catch/possession limit is 12 blue crabs per day per 
person.
    5. We do not permit airboats, sailboats, wind surfers, and personal 
watercraft.
    6. We prohibit bank fishing along the entrance road from Highway 94 
to the Refuge Headquarters.

                   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. We allow fishing and crabbing on designated areas 
of the refuge subject to the following conditions:
    1. We prohibit fishing and crabbing in North Pond, South Pond, 
Newfield, North Carolina Department of Transportation Mitigation and 
other impoundments west of North Carolina Highway 12.
    2. You may fish year-round from \1/2\ hour before sunrise to \1/2\ 
hour after sunset. You may surf fish at night from September 15 through 
May 31 east of North Carolina Highway 12. We require possession of a 
refuge fishing permit to surf fish at night.
    3. You may use only pole and line, rod and reel, hand line, dip net, 
or cast net for fishing and crabbing.

                    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. We allow hunting of ducks, snow 
geese, swans, doves, woodcock, rails, and snipe on designated areas of 
the refuge subject to the following conditions:
    1. We allow access 1\1/2\ hours before and after legal shooting 
time.
    2. Firearms in transport by vehicle or boat under power must remain 
unloaded.
    3. We allow only portable blinds and temporary blinds constructed of 
natural materials. We require removal of portable blinds following each 
day's hunt.
    4. We allow hunting during the State season.
    5. You must unload, encase, or dismantle firearms transported via 
motorized vehicle or in a boat under power.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, 
raccoon, opossum, rabbit, and fox on designated areas of the refuge 
subject to the following conditions:
    1. We require permits for any night hunting.
    2. We allow access 1\1/2\ hours before and after legal shooting 
time.
    3. You must unload, encase, or dismantle firearms transported via 
motorized vehicle or in a boat under power.
    4. We allow hunting during the State season except we will close 
opossum and raccoon hunting during the State bear season including 5 
days before and after that season.
    5. You must wear 500 square inches (3250 cm2) of 
fluorescent orange material above the waist, visible from all 
directions.
    6. We prohibit possession of buckshot or slugs while hunting with 
dogs.
    7. You may use only shotguns and/or .22 caliber rim-fire rifles for 
upland game hunts.
    8. You may possess only approved nontoxic shot while in the field on 
designated areas of the refuge.

[[Page 231]]

    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. You must wear 500 square inches (3250 cm2) of 
fluorescent orange material above the waist visible from all directions 
during the muzzle loading and gun seasons.
    2. We allow only shotguns, muzzle-loaders, and bow and arrow for big 
game hunts.
    3. You must unload, encase, or dismantle firearms transported via 
motorized vehicle or in a boat under power.
    4. We allow access 1\1/2\ hours before and after legal shooting 
time.
    5. We allow hunting during the State season.
    6. We do not allow dogs.
    7. You must remove all stands from the refuge following each day's 
hunt. We prohibit the construction or use of permanent stands, blinds, 
platforms, or ladders.
    8. We allow archery hunting on the Pungo Unit during the regular 
State archery season and from November 1 through 30. State bag limits 
apply.
    9. We allow shotgun and muzzle-loaders on the Pungo Unit subject to 
the following conditions:
    We require permits and allow access 1 hour before and after legal 
shooting time.
    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 
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. We allow hunting of ducks and 
coots on designated areas of the refuge subject to the following 
condition: We require a State-issued refuge permit.
    B. Upland Game Hunting. We allow hunting of squirrel, raccoon, and 
opossum on designated areas of the refuge subject to the following 
conditions:
    1. We require a State-issued refuge permit.
    2. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: We require a State-issued refuge permit.
    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. You may possess only approved nontoxic shot while in the field.
    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; 65 FR 30787, May 12, 2000; 65 FR 56406, Sept. 18, 
2000; 66 FR 46360, Sept. 4, 2001; 67 FR 58948, Sept. 18, 2002]



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. You may possess only approved nontoxic shot while in the field.
    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. We allow hunting of ring-necked pheasant, 
gray partridge, and sharp-tailed grouse on designated areas of the 
refuge subject to State regulations with refuge restrictions as posted.
    C. Big Game Hunting. We allow hunting of white-tailed and mule deer 
on designated areas of the refuge subject to State regulations with 
refuge restrictions as posted.
    D. Sport Fishing. We allow ice fishing on designated areas of the 
refuge subject to State regulations with refuge restrictions as posted.

[[Page 232]]

                   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]

                    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. You may possess only approved nontoxic shot while in the field.
    2. You may use falconry for upland game hunting.
    3. Upland game bird and rabbit season opens annually on the day 
following the close of the regular firearm deer season through the end 
of the State season.
    4. The upland game bird and rabbit falconry season opens annually on 
the day following the close of the regular firearm deer season through 
March 31.
    5. Fox hunting opens annually on the day following the close of the 
regular firearm deer season through March 31.
    6. Turkey hunting is subject to all State regulations, license 
requirements, units, and dates.
    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. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge.
    B. Upland Game Hunting. We allow hunting of pheasant, partridge, 
grouse, turkey, and fox 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. We close fox hunting from \1/2\ hour after sunset until \1/2\ 
hour before sunrise.
    3. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require permits.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge as per State law with certain restrictions as posted.

                   Lake Alice National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
tundra swans, ducks, coots, and mourning doves on designated areas of 
the refuge; consult refuge publication.
    B. Upland Game Hunting. We allow upland game and furbearer hunting 
on designated portions of the refuge at certain times of the year; 
consult refuge publication.
    C. Big Game Hunting. We allow special refuge permit holders to hunt 
deer and fox with rifles during the State firearm deer season on 
designated portions of the refuge subject to the following conditions:
    1. We allow fox hunting on certain areas of the refuge outside of 
the State firearm deer season without a special refuge permit; consult 
refuge publication.
    2. We allow archery hunting on designated portions of the refuge; 
consult refuge publication.
    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. We allow sport fishing on designated areas of the 
refuge subject to State regulations with refuge restrictions as posted.

                  Lake Nettie National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed and mule deer 
on designated areas of the refuge subject to State regulations with 
refuge restrictions as posted.
    D. Sport Fishing. [Reserved]

                   Lake Zahl National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of ring-necked pheasants, 
sharp-tailed grouse, and gray partridge on designated areas of the 
refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. The upland game bird season opens annually on the day following 
the close of the regular firearm deer season through the end of the 
State season.

[[Page 233]]

    3. Hunters may enter the refuge on foot only.
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge subject to the following conditions:
    1. We allow archery hunting through the day before the opening of 
the State waterfowl season and allow it following the deer gun season.
    2. We allow deer gun hunting concurrent with the State deer gun 
season.
    3. Hunters may enter the refuge on foot only.
    D. Sport Fishing. [Reserved]

                   Long Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of ring-necked pheasant, 
sharp-tailed grouse, and gray partridge on designated areas of the 
refuge subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. The upland game bird season opens annually on the day following 
the close of the firearm deer season and runs through the close of the 
State season.
    C. Big Game Hunting. We allow hunting of deer only on designated 
areas of the refuge subject to the following conditions:
    1. Hunters must enter the refuge on foot only.
    2. We allow archery hunting. We restrict open archery areas to those 
areas of the refuge open to firearms during the firearm season.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We restrict bank fishing to public use areas on Unit 1, Unit 2, 
and Long Lake Creek.
    2. We restrict boat fishing to Long Lake Creek.
    3. We restrict boats to 25 horsepower maximum.
    4. We restrict boats to the period from May 1 through September 30.
    5. We restrict ice fishing to Unit 1 and Long Lake Creek.

                    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. You may possess only approved nontoxic shot while in the field.
    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. We allow hunting of deer on designated areas of 
the refuge subject to the following condition: Hunters may enter the 
refuge on foot only.
    D. Sport Fishing. [Reserved]

                  Stewart Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on the designated area subject to 
all State regulations.

                    Tewaukon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Updland Game Hunting. We allow hunting of ring-necked pheasants 
on designated areas of the refuge as per State law with certain 
restrictions as posted.

[[Page 234]]

    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge as per State law with certain 
restrictions as posted.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge as per State law with certain restrictions as posted.

                  Upper Souris National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of upland game birds with 
approved nontoxic shot on designated areas of the refuge as per State 
law with certain restrictions as posted.
    C. Big Game Hunting. We allow hunting of big game on designated 
areas of the refuge as per State law with certain restrictions as 
posted.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
as per State law with certain restrictions as posted.

[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; 65 FR 30788, May 12, 2000; 65 
FR 56407, Sept. 18, 2000; 66 FR 46360, Sept. 4, 2001; 67 FR 58949, Sept. 
18, 2002]



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. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    1. You may fish only during daylight hours during designated dates.
    2. We do not allow boats or flotation devices.

                     Ottawa National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese and 
ducks on designated areas of the refuge subject to the following 
conditions:
    1. We require permits.
    2. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. We require permits.
    2. You must check in and out of the refuge each day that you hunt.
    3. You may not shoot from refuge roads.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    1. We allow fishing during daylight hours only and during designated 
dates.
    2. We do not allow boats or flotation devices.

[58 FR 5064, Jan. 19, 1993, as amended at 60 FR 61492, Nov. 30, 1995; 65 
FR 30789, May 12, 2000; 65 FR 56407, Sept. 18, 2000]



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. You may hunt ducks in designated 
areas of the refuge subject to the following condition: You must possess 
a refuge permit.
    B. Upland Game Hunting. You may hunt squirrel, rabbit, and raccoon 
in designated areas of the refuge subject to the following condition: 
You must possess a refuge permit.
    C. Big Game Hunting. You may hunt white-tailed deer in designated 
areas of the refuge subject to the following condition: You must possess 
a refuge permit.
    D. Sport Fishing. You may sport fish on the refuge in designated 
areas subject to the following conditions:
    1. The refuge is open to fishing as specified in refuge leaflets, 
special regulations, permits, maps or as posted on signs.
    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.
    3. Hunters may hunt only from one-half hour before sunrise until 
noon each day.
    4. You must possess a refuge permit.
    5. Hunters may hunt waterfowl (ducks) only during designated refuge 
seasons.
    6. You must obtain a refuge permit.
    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.

[[Page 235]]

    4. You may possess only approved nontoxic shot while in the field.
    5. You must obtain a refuge permit.
    C. Big Game Hunting. You may hunt deer and feral hog on designated 
areas of the refuge subject to the following conditions:
    1. Deer hunters must obtain a refuge permit and pay fees.
    2. Prohibited off-road vehicle use.
    3. You may hunt feral hog during any established refuge hunting 
season. Refuge permits and legal weapons apply as for the current 
hunting season.
    4. You must obtain a refuge permit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. You may fish from sunrise to sunset.
    2. You must possess a refuge permit.

                     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. You may possess only approved nontoxic shot while in the field.
    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. You may possess only approved nontoxic shot while in the field.
    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. You may possess only approved nontoxic shot while in the field.
    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. You may possess only approved nontoxic shot while in the field.
    3. Neither hunters nor dogs may enter closed areas to retrieve game.
    4. Hunters may not shoot or hunt within 50 ft.(15.24 meters) of 
designated roads or parking areas.
    5. Hunters may only hunt with shotguns and bows with arrows 
(excluding broadhead arrows).
    C. Big Game Hunting. Hunters may hunt white-tailed deer on 
designated areas of the refuge subject to the following conditions:

[[Page 236]]

    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. You may possess only approved nontoxic shot while in the field.
    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. We allow only bows and arrows and shotguns using approved 
nontoxic shot.
    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.
    4. We prohibit baiting on the refuge and the Wildlife Management 
Unit.
    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. You may only take bait for personal use while fishing in the 
refuge in accordance with Oklahoma State law. We do not allow removal of 
bait from the refuge for commercial sales. You cannot release bait back 
into the water.
    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. We allow hunting of geese and 
sandhill cranes on designated areas of the refuge subject to the 
following conditions: We require permits and payment of a fee.
    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. We only allow shotguns.
    2. Closed during the State gun deer season.
    3. You may possess only approved nontoxic shot while in the field.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge subject to the following 
conditions:
    1. We allow hunting during the special refuge season in accordance 
with the refuge hunt information sheet.
    2. You must obtain a refuge hunt permit and pay a fee (fee waived 
for Youth Hunt participants).

[[Page 237]]

    3. You must check in and out of hunt areas daily at the refuge 
office or check station.
    4. You must take bagged deer and/or hog to the refuge check station.
    5. We will determine bag limits on deer annually.
    6. We prohibit the use of bait.
    7. A nonhunting mentor of 21 years of age or older must accompany, 
and be in the immediate presence of, participants in the Youth Hunt, who 
must be between the ages of 12 and 18. Hunters and mentors must BOTH 
wear hunter orange clothing meeting or exceeding the minimum State 
requirements.
    8. We prohibit handguns.
    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 in the 
Washita River and Foss Reservoir from open areas.
    2. Anglers may access fishing areas only from designated parking 
areas and by boat from Foss Reservoir.
    3. We do not allow boats and other flotation devices 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[foot] 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; 65 FR 30789, May 12, 2000; 65 FR 56407, Sept. 18, 
2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58949, Sept. 18, 2002]



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.

                  Bandon Marsh National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, snipe, doves, and pigeons on designated areas of the 
refuge subject to the following condition: Waterfowl and snipe hunters 
may possess only approved nontoxic shot while in the field.
    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. We allow hunting only on Tuesdays, Thursdays, Saturdays, Sundays, 
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. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    7. We allow hunting in the Memorial Marsh Unit by designated blind 
sites only.
    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. We allow hunting only on Tuesdays, Thursdays, Saturdays, Sundays, 
Thanksgiving Day, Christmas Day, and New Year's Day.

[[Page 238]]

    3. You may possess only approved nontoxic shot while in the field.
    4. Hunters may not possess more than 25 shells while in the field.
    5. We do not allow hunting of upland game birds until noon of each 
hunt day.
    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.
    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. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    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 may possess only approved 
nontoxic shot while in the field.
    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.

     Julia Butler Hansen Refuge for the Columbian White-Tailed Deer

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, and common snipe on the Wallace Island Unit subject to the 
following condition: You may possess only approved nontoxic shot while 
in the field.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow sport fishing along the shoreline of the 
Wallace Island Unit in accordance with State regulations.

                 Klamath Marsh 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. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    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. We allow hunting of geese, 
ducks, coots, and common snipe on designated areas of the refuge subject 
to the following conditions:
    1. You may possess only approved nontoxic shot while in the field.
    2. We do not allow hunting on all exposed lands on Miller Sands 
Island and its partially enclosed lagoon, as posted. We do not allow 
hunting inside the diked portion of Karlson Island, as posted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow sport fishing along the shoreline of the 
refuge islands in accordance with State regulations.

                 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.

[[Page 239]]

    3. The use of air-thrust and inboard water-thrust boats is not 
permitted.
    4. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    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. You may possess only approved nontoxic shot while in the field.
    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. We allow only nonmotorized boats or boats with electric motors.
    2. You may possess only approved nontoxic shot while in the field.
    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.
    3. You may possess only approved nontoxic shot while in the field on 
designated areas east of Highway 205.
    C. Big Game Hunting. We allow hunting of deer and pronghorn during 
authorized State seasons only on the refuge area west of Highway 205 and 
south of Foster Flat Road.
    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. We allow hunting only on Tuesdays, Thursdays, Saturdays, Sundays, 
Thanksgiving Day, Christmas Day, 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. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    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. We allow hunting only on Tuesdays, Thursdays, Saturdays, Sundays, 
Thanksgiving Day, Christmas Day, and New Year's Day.
    3. You may possess only approved nontoxic shot while in the field.
    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.

                     McNary National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of doves on 
designated areas of the refuge in accordance with State regulations.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge in accordance with State regulations.
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations and subject to the 
following condition: We allow shotgun and archery hunting only.
    D. Sport Fishing. [Reserved]

                    Sheldon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]

[[Page 240]]

    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. We allow hunting of geese, 
ducks, coots, and common snipe on designated areas of the refuge subject 
to the following conditions:
    1. The refuge is open from 4:00 a.m. to 1\1/2\ hours after sunset 
except for the Hunter Check Station parking lot at the McCormack Unit, 
which is open each morning 2 hours prior to State shooting hours for 
waterfowl. We do not allow decoys, boats, and other personal property on 
the refuge following each day's hunt.
    2. In the McCormack Unit, we allow hunting only on Wednesdays, 
Saturdays, Sundays, Thanksgiving Day, and New Year's Day.
    3. We require waterfowl hunting parties in the Boardman Unit to 
space themselves a minimum of 200 yards (180 m) apart.
    4. You may possess no more than 25 shells while in the field.
    5. We require permits for hunting on the McCormack Unit.
    6. You may possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. We allow hunting of pheasant, chukar, 
Hungarian partridge, and quail on designated areas of the refuge subject 
to the following conditions:
    1. We do not allow hunting of upland game birds until noon of each 
hunt day.
    2. In the McCormack Unit, we allow hunting only on Wednesdays, 
Saturdays, Sundays, Thanksgiving Day, and New Year's Day.
    3. You may possess only approved nontoxic shot while in the field.
    4. You may possess no more than 25 shells while in the field.
    5. We require permits for hunting on the McCormack Unit.
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge subject to the following condition: Hunting is by permit 
only.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. The refuge is open from 5 a.m. to 1\1/2\ hours after sunset.
    2. We allow fishing on refuge impoundments and ponds from February 1 
through September 30. We open other refuge waters (Columbia River and 
its backwaters) in accordance with State regulations.
    3. We allow only nonmotorized boats and boats with electric motors 
on refuge impoundments and ponds.
    4. We only allow fishing 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. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    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. [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. 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; 65 FR 30790, May 12, 2000; 65 FR 56407, Sept. 18, 
2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58949, Sept. 18, 2002]



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.

[[Page 241]]

                      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. We require refuge permits for hunting fox, raccoon, and coyote.
    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. We allow hunting of deer, bear, and turkey 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.
    4. We prohibit organized deer drives by three or more persons in 
hunt area B of the refuge. We define a ``drive'' as three or more 
individuals involved in the act of chasing, pursuing, disturbing, or 
otherwise directing game as to make the animals more susceptible to 
harvest.
    5. We require a refuge Special Use Permit for hunting of bear.
    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]
    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

    Refer to Sec. 32.68 West Virginia for regulations.

[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; 65 FR 30791, May 12, 
2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58949, Sept. 18, 2002]



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]

[[Page 242]]

    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 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. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    D. Sport Fishing. Anglers may fish on the refuge in accordance with 
State law and as specifically designated in refuge publications.

                  Cape Romain National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of marsh hens/
rails only on designated areas of the refuge subject to the following 
conditions:
    1. We require a refuge hunt permit.
    2. You may possess only approved nontoxic shot.
    B. Upland Game Hunting. We allow hunting of raccoon on designated 
areas of the refuge subject to the following condition: We require a 
refuge hunt permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require a refuge hunt permit.
    D. Sport Fishing. We allow fishing, crabbing, and shell fishing on 
designated areas of the refuge subject to State regulations and the 
following condition: Marsh Island, White Banks, and Bird Island are open 
from September 15 through February 15. We close them the rest of the 
year to protect nesting birds.

               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. We allow hunting of white-tailed deer, turkey, 
and feral hogs on designated areas of the refuge subject to the 
following condition: We require refuge permits.
    D. Sport Fishing. We allow fishing on all areas of the refuge, 
except Martins Lake and those areas marked by signs as closed to the 
public for fishing, subject to the following conditions:
    1. We allow fishing from \1/2\ hour before sunrise to \1/2\ hour 
before sunset.
    2. We allow nonmotorized boats and boats with electric motors. You 
must hand load and unload boats except at designated boat ramps.
    3. We do not allow fish baskets, net, set hooks, and trotlines.

                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. We allow hunting of mourning 
doves on designated areas of the refuge subject to the following 
condition: We require a refuge permit.

[[Page 243]]

    B. Upland Game Hunting. We allow hunting on designated areas of the 
refuge subject to the following condition: We require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    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; 65 FR 
30791, May 12, 2000; 65 FR 56408, Sept. 18, 2000; 66 FR 46361, Sept. 4, 
2001; 67 FR 58949, Sept. 18, 2002]



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. We allow waterfowl hunting on 
designated areas of the refuge in accordance with State law.
    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. We allow fishing in areas posted as open in 
accordance with State law.

                    Pocasse National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed 
grouse, and Hungarian partridge on designated areas of the refuge 
subject to the following condition: You may possess only approved 
nontoxic shot while in the field.
    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. We allow hunting of sharp-tailed grouse, 
Hungarian partridge, and pheasant on designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge.
    D. Sport Fishing. We allow sport fishing in accordance with State 
law and as specifically designated in refuge publications.

                     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; 65 FR 30791, May 12, 2000; 65 FR 56408, Sept. 
18, 2000; 66 FR 46361, Sept. 4, 2001]



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]

[[Page 244]]

    B. Upland Game Hunting. We allow hunting of squirrel on designated 
areas of the refuge subject to the following condition: We require a 
refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: We require a refuge permit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow fishing on refuge pools and reservoirs from March 15 
through October 31 from sunrise to sunset.
    2. We do not allow bows and arrows, trotlines, limblines, jugs, and 
slat baskets in refuge pools and reservoirs.
    3. We do not allow taking of frogs.
    4. Fish lengths and daily creel limits established for Barley 
Reservoir by the Tennessee Wildilfe Resources Agency apply to all waters 
within the boundary of the refuge.

                    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.
    4. You may possess only approved nontoxic shot while in the field.
    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. We allow hunting of squirrels and raccoons 
on designated areas of the refuge subject to the following conditions:
    1. We require annual refuge hunting permits.
    2. You must unload and encase or dismantle firearms transported in 
motor vehicles.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    1. We require annual refuge hunting permits.

[[Page 245]]

    2. You must unload and encase or dismantle firearms transported in 
motor vehicles.
    D. Sport Fishing. We allow fishing on designated portions of the 
refuge subject to the following conditions:
    1. We close impounded waters to fishing from November 1 through 
March 14.
    2. We close Swamp Creek, Britton Ford, and Bennett's Creek 
embayments to fishing and boating from November 1 through March 14.
    3. Anglers must launch boats from designated access points only. We 
restrict boats to ``slow speed/minimum wake'' on all refuge impoundments 
open to fishing.
    4. Anglers may not leave boats on the refuge overnight.

[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; 65 FR 
30791, May 12, 2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58950, Sept. 18, 
2002]



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. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge subject to the 
following conditions:
    1. We require a permit to hunt on all hunting units of the refuge, 
and hunters must have this permit in their possession while hunting. The 
annually issued waterfowl hunting permit contains all refuge-specific 
waterfowl hunting regulations. Any person entering, using, or occupying 
the refuge for hunting must abide by all terms and conditions in the 
waterfowl hunting permit.
    2. We require payment of a fee to hunt on portions of the refuge.
    3. You may hunt only on designated days of the week and on 
designated areas during the general waterfowl hunting season. You may 
hunt on designated areas during all days of the September teal season. 
We annually issue notice of hunting days and maps depicting areas open 
to hunting in the refuge hunting permit.
    4. Hunters must use and be in possession of Federally-approved non-
toxic shot only.
    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. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge subject to the following 
conditions:
    1. We may immediately close the entire refuge or any portion thereof 
to hunting in the event of the appearance of whooping cranes in the hunt 
area.
    2. You must obtain a refuge permit and pay a fee.
    3. You may not use dogs to trail game.
    4. You may not possess alcoholic beverages while on the refuge.
    5. We will annually designate bag limits in the refuge hunt 
brochure.
    6. We allow archery hunting in October within the deer season for 
the county on specified days listed in the refuge hunt brochure.
    7. We allow firearm hunting in November within the deer season for 
the county on specified days listed in the refuge hunt brochure.
    8. Firearm hunters must wear a total of 400 square inches (10.16 
m2) hunter orange including 144 square inches (936 
cm2) visible in front and 144 square inches visible in rear. 
Some hunter orange must appear on head gear.
    9. You must unload and encase all firearms while in a vehicle.
    10. You may not hunt on or across any part of the refuge road 
system, or hunt from a vehicle on any refuge road or road right-of-way.
    11. You may hunt white-tailed deer and feral hog on designated areas 
of Matagorda Island in accordance with the State permit system as 
administered by Texas Parks and Wildlife Department.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. You may not use crab traps in any refuge marshes, including 
Matagorda Island.
    2. Beginning April 15 through October 15, you may fish on the refuge 
only in areas designated in the refuge fishing brochure.
    3. You may fish all year in marshes on Matagorda Island and in areas 
designated in the refuge fishing brochure.

[[Page 246]]

              Balcones Canyonlands National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning, 
white-wing, rock, and Eurasian-collared doves on designated areas of the 
refuge subject to the following conditions:
    1. The length of the hunting season will be concurrent with the 
State season in September and October.
    2. We allow hunting in designated areas, from noon to sunset, 
Saturdays and Sundays.
    3. You may possess only approved nontoxic shot while in the field.
    4. We require refuge permits and payment of a hunt fee by all 
hunters.
    5. We allow dogs to retrieve game birds during the hunt, but the 
dogs must be under control of the handler at all times and not allowed 
to roam free.
    6. All hunters must be 10 years old or older. An adult 21 years of 
age or older must supervise hunters ages 10-17 (inclusive).
    7. We prohibit use or possession of alcohol.
    8. We may immediately close the entire refuge or any portion thereof 
to hunting for the protection of resources, as determined by the refuge 
manager.
    B. Upland Game Hunting. We allow hunting of turkey on designated 
areas of the refuge subject to the following conditions:
    1. We allow hunting in November, December, and/or January.
    2. We require hunters to check in and out of a hunt area.
    3. We allow bows and arrows, shotguns, and rifles.
    4. We may immediately close the entire refuge or any portion thereof 
to hunting for the protection of resources, as determined by the refuge 
manager.
    5. Hunters must be at least 12 years of age. An adult 21 years of 
age or older must supervise hunters between the ages of 12 and 17 
(inclusive).
    6. The refuge will set bag limits.
    7. We require hunters to visibly wear 400 square inches (2,600 
cm\2\) of hunter orange on the outermost layer of the head, chest and 
back, which must include a hunter orange hat or cap.
    8. We require refuge permits and the payment of a hunt fee.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
conditions:
    1. We allow hunting in November, December, and/or January.
    2. We require hunters to check in and out daily at designated check 
stations.
    3. We allow bows and arrows, shotguns, and rifles.
    4. We may immediately close to hunting the entire refuge or any 
portion thereof for the protection of resources as determined by the 
refuge manager.
    5. Hunters must be at least 12 years of age. An adult 21 years of 
age or older must supervise hunters between the ages of 12 and 17 
(inclusive).
    6. The refuge will set bag limits.
    7. We require hunters to wear 400 square inches (2,600 cm\2\) of 
hunter orange on the outermost layer of the head, chest, and back, which 
must include a hunter orange hat or cap.
    8. We require refuge permits and the payment of a hunt fee.
    9. You may not use dogs for hunting.
    10. You may not camp.
    11. You may only use vehicles on designated roads and parking areas.
    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]

                    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.
    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. You may possess only approved nontoxic shot while in the field.
    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.

[[Page 247]]

    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. We allow hunting of mourning 
doves in the month of September on designated areas of the refuge, 
subject to the following conditions:
    1. We require you to check in and out of the hunt area.
    2. We allow only shotguns.
    3. You may possess no shot larger than 4 on the hunting 
area.
    B. Upland Game Hunting. We allow hunting of quail in the month of 
February and squirrel and rabbit in the months of February and September 
on designated areas of the refuge subject to the following conditions:
    1. We require you to check in and out of the hunt area.
    2. We allow only shotguns.
    3. You may possess no shot larger than 4 on the hunting 
area.
    4. You must plug shotguns to hold no more than three shells during 
the September dove season.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hogs on designated areas of the refuge subject to the following 
conditions:
    1. You may archery hunt as listed in the refuge hunt information 
sheet. You must obtain a refuge permit and pay a hunt fee.
    2. We allow hunting with firearms including shotguns, 20 gauge or 
larger, loaded with rifled slug during a special youth hunt as listed in 
the refuge hunt information sheet. We require permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. Lake Texoma and connected streams are open to fishing year round.
    2. We allow fishing in ponds and stock tanks from April 1 through 
September 30.
    3. Fishermen may string trotlines between anchored floats only. We 
do not allow lines attached to rubber bands, sticks, poles, trees, or 
other fixed objects in refuge ponds or impoundments.
    4. We do not allow fishing from bridges or roadways.
    5. We do not allow boats and other flotation devices on the waters 
of Lake Texoma from October 1 through March 31, or at any time on refuge 
ponds and impoundments.

                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.

            Lower Rio Grande Valley National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning, 
white-winged, and white-tipped doves in the months of September, 
October, and November on designated areas of the refuge, subject to the 
following conditions:
    1. We require a refuge permit and payment of a fee.
    2. We limit hunting to the months of September, October, and 
November in accordance with the State hunting season.
    3. We allow only shotguns.
    4. You may possess only approved nontoxic shot while in the field.
    5. All hunters must be 12 years of age or older. An adult 21 years 
old or older must accompany hunters 12-17 years of age.
    6. You may park at designated locations only.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer, feral 
hogs, and nilgai antelope on designated areas of the refuge subject to 
the following conditions:
    1. We require a refuge permit and payment of a fee.
    2. We will offer hunting during portions of the State hunting 
season.
    3. We enforce a two-deer (one buck only) limit on white-tailed deer 
and no limit on feral hogs and nilgai antelope.

[[Page 248]]

    4. All hunters must be 12 years of age or older. An adult 21 years 
old or older must accompany hunters 12-17 years of age.
    5. We will determine location and method of hunt each year.
    6. You may park at designated locations only.
    7. We prohibit the use of dogs and baiting for hunting.
    D. Sport Fishing. [Reserved]

                    McFaddin National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge subject to the 
following conditions:
    1. We require a permit to hunt on all hunting units of the refuge, 
and hunters must have this permit in their possession while hunting. The 
annually issued waterfowl hunting permit contains all refuge-specific 
waterfowl hunting regulations. Any person entering, using, or occupying 
the refuge for hunting must abide by all terms and conditions in the 
waterfowl hunting permit.
    2. We require payment of a fee to hunt on portions of the refuge.
    3. You may hunt only on designated days of the week and on 
designated areas during the general waterfowl hunting season. You may 
hunt on designated areas during all days of the September teal season. 
We annually issue notice of hunting days and maps depicting areas open 
to hunting in the refuge permit.
    4. Hunters must use and be in possession of Federally-approved non-
toxic shot only.
    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.
    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. We allow hunting of geese, 
ducks, and coots on designated areas of the refuge subject to the 
following conditions:
    1. We require a permit to hunt on all hunting units of the refuge, 
and the hunter must have this permit in his or her possession while 
hunting. The annually issued waterfowl hunting permit contains all 
refuge-specific waterfowl hunting regulations. Any person entering, 
using, or occupying the refuge for hunting must abide by all terms and 
conditions in the waterfowl hunting permit.
    2. You may hunt only on designated days of the week and on 
designated areas during the general waterfowl hunting season. You may 
hunt on designated areas during all days of the September teal season. 
We annually issue notice of hunting days and maps depicting areas open 
to hunting in the refuge hunting permit.
    3. Hunters must use and be in possession of Federally-approved non-
toxic shot only.
    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.

                 Trinity River National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks on 
designated areas of the refuge subject to the following conditions:
    1. We allow hunting on Champion Lake by drawing only.
    2. We require an application fee for participants to enter the 
drawing. We will issue a refuge permit to those drawn, and the hunter 
must carry the permit at all times when hunting.
    3. We allow hunting on Saturday and Sunday during the State duck and 
teal season. Hunters may not enter the refuge before 4:30 a.m. and must 
be off the hunt area by 12:00 p.m. (noon).
    4. We allow only temporary blinds. Hunters must remove blinds and 
decoys daily.
    5. We limit motors to 10 horsepower or less.
    6. We allow retrievers, but they must be under the control of the 
owner.
    7. Youth hunters, 17 years of age and under, must be under direct 
supervision of an adult, 18 years of age or older.
    8. You must unload and encase all shotguns while in transit through 
the refuge.
    9. You may possess only approved nontoxic shot.
    10. The minimum distance we allow between hunt parties is 150 yards 
(135 m).

[[Page 249]]

    11. We prohibit the use, possession, or being under the influence of 
alcoholic beverages while hunting in or accessing or returning from the 
field.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on Champion Lake subject to the 
following conditions:
    1. We allow fishing only with pole and line, rod and reel, or hand-
held line.
    2. We do not allow the use of trotlines, setlines, bows and arrows, 
gigs, spears, or fish traps.
    3. We do not allow use of frogs or turtles.
    4. We allow fishing from sunrise to sunset.
    5. We limit motors to a maximum of 10 horsepower. You may not fish 
or enter within 200 yards (180 m) of an established bird rookery from 
March through the end of May. Check at refuge headquarters for rookery 
location(s).

[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; 65 FR 30792, May 12, 2000; 65 FR 
56408, Sept. 18, 2000; 66 FR 46361, Sept. 4, 2001; 67 FR 58950, Sept. 
18, 2002]



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. You may possess only approved nontoxic shot while in the field.
    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 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. You may possess only approved nontoxic shot while in the field.
    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. We allow hunting of ducks and 
coots on designated areas of the refuge in accordance with State 
regulations and the following conditions:
    1. All hunters must register individually at the visitor information 
station before entering the open hunting area and prior to exiting the 
refuge.
    2. We do not allow hunters or dogs to enter closed areas to retrieve 
birds.
    3. You may only possess firearms legally used to hunt waterfowl 
unless you case or break them down.
    4. You may construct nonpermanent blinds. You must remove all blinds 
constructed out of materials other than vegetation at the end of a hunt 
day.
    5. We allow use of small boats (15[foot] or less). We do not allow 
gasoline motors and air boats.
    6. You may enter the refuge 2 hours prior to sunrise and must exit 
the refuge by 1\1/2\ hours after sunset. You may not leave decoys, 
boats, vehicles, and other personal property on the refuge overnight.
    7. We have a Special Blind Area for use by the disabled. We prohibit 
trespass for any reason by any individual not registered to utilize that 
area.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[[Page 250]]

                     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. We allow hunting of pheasant on designated 
areas of the refuge subject to the following condition: You may possess 
only approved nontoxic shot while in the field.
    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; 65 FR 30792, May 12, 2000; 67 FR 
58950, Sept. 18, 2002]



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. We require refuge permits to hunt in the Long Marsh Channel--
Metcalfe Island Controlled Hunting Area, the Junior Waterfowl Hunting 
Area, and the Saxe's Pothole-Creek and Shad Island Pothole Hunting Area.
    2. You may not possess more than 25 shells per day on the Long Marsh 
Channel--Metcalfe Island 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. Within any controlled hunting area, you must hunt within 100 feet 
(30 m) of the blind or blind stake for the area except to retrieve 
crippled birds.
    5. You must hunt with one retriever per hunting party of up to two 
hunters per party within the Saxe's Pothole-Creek and Shad Island 
Pothole Hunting Area, the Long Marsh Channel--Metcalfe Island Hunting 
Area, and the Maquam Swamp Hunting Area.
    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 may possess only approved nontoxic shot while in 
the field.
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions.
    1. You may use only shotguns and muzzleloaders on that part of the 
refuge east of the Missisquoi River during the State regular season or 
on that part of the refuge north and east of Route 78 during the Youth 
Hunt.
    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. You may use only portable tree stands. You may leave them in 
place during deer seasons with proper notation on the big game permit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following condition: We allow fishing from refuge lands 
along Lake Champlain and the Missisquoi River, except from any refuge 
dike or from or within any refuge water management unit.

[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; 65 FR 30792, May 12, 
2000; 65 FR 56409, Sept. 18, 2000]



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,

[[Page 251]]

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.
    3. We require a refuge permit to fish in ``D'' Pool.

                  Chincoteague National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
waterfowl and rails on designated areas of the refuge subject to the 
following conditions:
    1. We require a refuge permit to hunt in designated public hunting 
areas.
    2. We allow guided hunting in designated areas of Wildcat Marsh with 
refuge-designated commercial guides.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed and sika deer 
in designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    D. Sport Fishing. We allow fishing, crabbing, and clamming on 
designated areas of the refuge subject to the following conditions:
    1. We allow sport fishing, crabbing, and clamming in salt water 
areas and in that portion of Swan Cove adjacent to Beach Road. We close 
all other refuge ponds, impoundments, and channels to these activities.
    2. You must attend traps and crab pots.
    3. You must obtain a permit 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 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. We allow hunting of white-tailed deer in 
designated areas of the refuge subject to the following conditions:
    1. Hunters must carry a refuge permit at all times on the refuge.
    2. You may not discharge a firearm or archery equipment across or 
within any refuge road, as designated on the refuge hunt maps.
    3. We close the refuge to all hunting from December 1 until the end 
of the State hunting season to protect roosting and nesting bald eagles.
    4. Hunters in the field shall retrieve and maintain in their custody 
all crippled and killed game, if possible.
    5. You may not transport a loaded firearm in any vehicle on the 
refuge.

[[Page 252]]

    6. On the refuge deer hunters, when hunting with guns, must wear a 
minimum of 400 square inches (2,600 cm2) of solid blaze 
orange visible from 360 degrees.
    7. We allow only portable tree stands on the refuge, and hunters 
must remove them at the end of the day.
    8. We prohibit hunting with dogs.
    9. We prohibit camping on refuge lands.
    10. We prohibit the use of open fires.
    D. Sport Fishing. [Reserved]

                 Mackay Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge subject to the following condition: We require refuge 
permits.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow fishing only from sunrise to sunset from March 15 
through October 15.
    2. You must attend all fishing lines.
    3. We do not allow airboats.

                   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]

                  Occoquan Bay National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
designated areas of the refuge in accordance with State regulations and 
subject to the following conditions:
    1. We require a refuge permit.
    2. Hunters must have in their possession at all times a copy of the 
refuge permit containing the refuge regulations, their hunting license, 
and, if issued, their State-issued deer management assistance program 
(DMAP) tag.
    3. We will select specific hunting dates within the State seasons. 
Consult the refuge office for information on specific hunt dates.
    4. You may not transport a loaded firearm in any vehicle on any 
refuge road or right of way.
    5. Hunters must wear in a conspicuous manner on chest and back a 
minimum of 400 square inches (2,600 cm \2\) of solid hunter orange 
clothing or material and a hunter orange cap or hat.
    D. Sport Fishing. [Reserved]

                Plum Tree Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of waterfowl on 
designated areas of the refuge subject to the following conditions:
    1. We require permits.
    2. Waterfowl hunters may possess only approved nontoxic shot while 
in the field.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Presquile National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
designated areas of the refuge subject to the following conditions:
    1. Hunters must carry a refuge permit at all times on the refuge.
    2. You may not discharge a firearm or archery equipment across or 
within any refuge road, as designated on the refuge hunt maps.
    3. We close the refuge to all hunting from December 1 until the end 
of the State hunting season to protect roosting and nesting bald eagles.
    4. Hunters in the field shall retrieve and maintain in their custody 
all crippled and killed game, if possible.
    5. You may not transport a loaded firearm in any vehicle on the 
refuge.
    6. On the refuge deer hunters, when hunting with guns, must wear a 
minimum of 400 square inches (2,600 cm2) of solid blaze 
orange visible from 360 degrees.
    7. We allow only portable tree stands on the refuge, and hunters 
must remove them at the end of the day.
    8. We prohibit hunting with dogs.
    9. We prohibit camping on refuge lands.
    10. We prohibit the use of open fires.
    D. Sport Fishing. [Reserved]

           Rappahannock River Valley National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 253]]

    C. Big Game Hunting. We allow hunting of white-tailed deer in 
designated areas of the refuge subject to the following conditions:
    1. Hunters must carry a refuge permit at all times on the refuge.
    2. You may not discharge a firearm or archery equipment across or 
within any refuge road, as designated on the refuge hunt maps.
    3. We close the refuge to all hunting from December 1 until the end 
of the State hunting season to protect roosting and nesting bald eagles.
    4. Hunters in the field shall retrieve and maintain in their custody 
all crippled and killed game, if possible.
    5. You may not transport a loaded firearm in any vehicle on the 
refuge.
    6. On the refuge deer hunters, when hunting with guns, must wear a 
minimum of 400 square inches (2,600 cm\2\) of solid blaze orange visible 
from 360 degrees.
    7. We allow only portable tree stands on the refuge, and hunters 
must remove them at the end of each hunt day.
    8. We prohibit hunting with dogs.
    9. We prohibit camping on refuge lands.
    10. We prohibit the use of open fires.
    D. Sport Fishing. [Reserved]

                 Wallops Island National Wildlife Refuge

    A. Hunting of Migratory Game Birds. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations and 
the following conditions:
    1. We require a refuge permit.
    2. We do not allow dogs.
    3. We allow only portable tree stands on the refuge, and hunters 
must remove them at the end of each hunt day.
    4. Hunters must comply with refuge check-in and check-out procedures 
as specified on the hunt permit.
    5. During firearms big game season, including scouting days, hunters 
must wear in a conspicuous manner on head, chest, and back a minimum of 
400 square inches (2,600 cm\2\) of solid-colored hunter orange clothing 
or material.
    6. We prohibit camping.
    7. We prohibit the use of open fires.
    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; 65 FR 30792, May 12, 2000; 65 FR 56409, Sept. 18, 
2000; 67 FR 58951, Sept. 18, 2002]



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. We allow hunting of geese, 
ducks, coots, and common snipe on designated areas of the refuge subject 
to the following conditions:
    1. In Marsh Unit 1 and Farm Units 226-227, we allow hunting only on 
Wednesdays, Saturdays, Sundays, and Federal holidays.
    2. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    3. In Marsh Unit 1, concurrent with the State's designated Youth Day 
prior to the opening of the waterfowl season, an adult at least 18 years 
of age who is not hunting must accompany hunters under 16 years of age.
    B. Upland Game Hunting. We allow hunting of pheasant, quail, and 
partridge on designated areas of the refuge subject to the following 
conditions:
    1. We allow hunting of upland game birds only during State seasons 
that run concurrently with the State waterfowl season.
    2. We allow only shotguns and bows and arrows.
    3. Upland game bird hunters may possess only approved nontoxic shot 
while in the field.
    4. In Marsh Unit 1, concurrent with the State's designated Youth Day 
prior to the opening of the waterfowl hunt, only youth aged 10-17 and an 
accompanying adult aged 18 or over may hunt.
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge subject to the following conditions:
    1. We allow only shotgun and archery hunting.
    2. We allow hunting of deer only during State seasons that run 
concurrently with the State waterfowl season.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow nonmotorized boats and boats with electric motors on 
Upper and Lower Hampton, Hutchinson, Royal, and Shiner Lakes.
    2. We allow motorized boats and nonmotorized boats on all other 
refuge waters open to fishing.
    3. We prohibit the taking of bullfrogs.

                  Conboy Lake National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of doves, 
geese, ducks, coots, and common snipe on designated areas of the refuge 
subject to the following condition: Waterfowl and snipe hunters may 
possess only approved nontoxic shot while in the field.
    B. Upland Game Hunting. [Reserved]

[[Page 254]]

    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.

Hanford Reach National Monument/Saddle Mountain National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, mourning doves, and common snipe on the Wahluke Unit and 
designated Columbia River islands (those islands downstream of the 
Bonneville Powerline crossing, between River Mile 351 and 341) of the 
Monument/Refuge in accordance with State regulations and subject to the 
following conditions:
    1. You may possess only approved nontoxic shot while on the refuge.
    2. We allow access from 2 hours before sunrise to 2 hours after 
sunset. We do not allow overnight camping and/or parking.
    3. We close the furthest downstream island (Columbia River Mile 341-
343) to hunting.
    4. We do not allow hunters or dogs to enter closed areas to retrieve 
game.
    5. We do not allow permanent or pit blinds or cutting vegetation on 
the refuge. You must remove all blind materials, decoys, and other 
equipment (including spent casings) following each day's hunt.
    6. We allow nonmotorized boats and boats with electric motors on the 
WB-10 Ponds (Wahluke Lake), with walk-in access only.
    7. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along public rights of way.
    B. Upland Game Hunting. We allow hunting of pheasant, quail, and 
partridge on designated areas on the Wahluke Unit of the Monument/Refuge 
in accordance with State regulations and subject to the conditions 
listed below:
    1. You may possess only approved nontoxic shot while on the refuge.
    2. We allow only shotguns and archery hunting.
    3. We allow access from 2 hours before sunrise to 2 hours after 
sunset. We prohibit overnight camping and/or parking.
    4. We do not allow hunters or dogs to enter closed areas to retrieve 
game.
    5. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along public rights of way.
    C. Big Game Hunting. We allow hunting of deer and elk on the Wahluke 
Unit of the Monument/Refuge in accordance with State regulations and 
subject to the following conditions:
    1. We allow only shotguns, muzzleloaders, and archery hunting.
    2. We allow access from 2 hours before sunrise to 2 hours after 
sunset. We prohibit overnight camping and/or parking.
    3. We do not allow hunters to enter closed areas to retrieve game.
    4. You must unload and encase or dismantle firearms before 
transporting them in a vehicle or boat within the boundaries of the 
refuge or along public rights of way.
    D. Sport Fishing. We allow fishing on the Wahluke Unit and 
designated Columbia River islands of the Monument/Refuge (those islands 
downstream of the Bonneville Powerline crossing, between River Mile 351 
and 341) in accordance with State regulations and subject to the 
following conditions:
    1. We allow access to the islands from July 1 to September 30, 
except for Islands 18 and 19 (downstream of Johnson Island), where we 
allow access from July 31 to September 30.
    2. We allow access from 2 hours before sunrise to 2 hours after 
sunset. We prohibit overnight camping and/or parking.
    3. We allow nonmotorized boats and boats with electric motors on the 
WB-10 Ponds, with walk-in access only.

     Julia Butler Hansen Refuge for the Columbian White-Tailed Deer

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, and common snipe on the Hunting Island Unit subject to the 
following condition: You may possess only approved nontoxic shot while 
in the field.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow bank fishing from the Mainland Unit 
shoreline adjoining the Elochoman and Columbia Rivers as well as 
Steamboat and Brooks Sloughs, in accordance with State fishing 
regulations. We also allow bank fishing in the pond adjacent to the 
diking district pumping station by Brooks Slough. We close all other 
interior water of the Mainland Unit to fishing.

              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.

[[Page 255]]

                     McNary National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of geese, 
ducks, coots, doves, and common snipe on designated areas of the refuge 
subject to the following conditions:
    1. You may possess no more than 25 approved nontoxic shotshells 
while in the field.
    2. You may not leave decoys and other personal property on the 
refuge overnight.
    3. On the McNary Division, we allow hunting by refuge permit only. 
This area is open to hunting from 5:00 a.m. to 1\1/2\ hours after 
sunset.
    4. On the Wallula and Two Rivers Units, we allow waterfowl hunting 7 
days a week during State waterfowl seasons. We allow dove hunting in 
accordance with State regulations.
    5. On the Wallula Unit, we close the Walla Walla Delta to hunting 
from February 1 to September 30.
    6. On the Peninsula Unit we allow dove hunting in accordance with 
State regulations. We allow waterfowl hunting subject to the following 
conditions:
    i. We allow duck hunting Wednesdays through Sundays only.
    ii. We allow goose hunting Wednesdays, Saturdays, and Sundays only.
    iii. On Wednesdays we allow waterfowl hunting only from the goose 
pits.
    iv. Hunting on the east side of the peninsula and in the goose pits 
is by assigned blinds on a first-come, first-served basis.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    1. Except on the Peninsula Unit, you may possess no more than 25 
approved nontoxic shotshells while on the refuge.
    2. On the McNary Division we allow hunting on Wednesdays, Saturdays, 
Sundays, Thanksgiving Day, Christmas Day, and New Year's Day only. We do 
not allow hunting until noon of each hunt day. We allow hunting of 
pheasant and quail only.
    3. On the Wallula and Two River Units, we allow upland game hunting 
in accordance with State regulations.
    4. On the Peninsula Unit, we do not allow hunting until noon on 
legal goose hunting days.
    C. Big Game Hunting. We allow hunting of deer only on the Peninsula, 
Two Rivers, and Wallula Units in accordance with State regulations and 
subject to the following condition: We allow shotgun and archery hunting 
only.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations and subject to the following 
conditions:
    1. On the McNary Division the refuge is open to fishing from sunrise 
to sunset only. We do not allow use of boats and other flotation 
devices.
    2. We allow fishing 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.

                   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. Snipe hunters may possess only approved nontoxic shot while in 
the field.
    5. On the Halvorson and Webb Units, you may hunt on Wednesdays, 
Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New Year's Day 
only. On the Robbins Road Unit, you may hunt on Tuesdays, Thursdays, 
Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New Year's Day 
only. Pumphouse, Isiri, Petty, and Chambers Units are open 7 days a week 
during waterfowl season.
    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. You may possess only approved nontoxic shot while in the field.
    3. Hunters may not possess more than 25 shells while in the field.

[[Page 256]]

    4. On the Halvorson and Webb Units, you may hunt on Wednesdays, 
Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New Year's Day 
only. On the Robbins Road Unit, you may hunt on Tuesdays, Thursdays, 
Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New Year's Day 
only. Pumphouse, Isiri, Petty, and Chambers Units are open 7 days a week 
during waterfowl season.
    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. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field.
    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 may possess only approved nontoxic shot 
while in the field.
    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. We allow hunting of geese, 
ducks, coots, and snipe on designated areas of Riekkola, Lewis, Tarlatt 
Slough, and Leadbetter Units in accordance with State hunting 
regulations and subject to the following conditions:
    1. Prior to entering the hunt area at the Riekkola and Tarlatt 
Slough Units, we require you to obtain a refuge permit, pay a recreation 
user fee, and obtain a blind assignment.
    2. At the Riekkola and Tarlatt Slough Units, you may take ducks and 
coots only coincidental to hunting geese.
    3. We allow hunting on Wednesday and Saturday in the Riekkola and 
Tarlatt Slough Units only from established blinds.
    4. At the Lewis Unit, we prohibit hunting from the outer dike that 
separates the bay from the freshwater wetlands.
    5. At the Riekkola and Tarlatt Slough Units, you may possess no more 
than 25 approved nontoxic shells per day while in the field.
    6. At the Leadbetter Unit, you may possess only approved nontoxic 
shot.
    B. Upland Game Hunting. We allow hunting of blue and ruffed grouse 
on Long Island, subject to the following conditions:
    1. We require you to obtain and carry a refuge permit and report 
game taken, as specified with the permit.
    2. We allow only archery hunting.
    3. We do not allow firearms on Long Island at any time.
    4. We do not allow dogs on Long Island.
    C. Big Game Hunting. We allow hunting of deer, elk, and bear on Long 
Island and on designated areas of the Bear River Unit, in accordance 
with State hunting regulations and subject to the following conditions:
    1. At Long Island you must possess a valid refuge permit and report 
game taken, as specified with the permit.
    2. At Long Island we allow only archery hunting and prohibit 
firearms.
    3. At Bear River we do not allow bear hunting.
    4. We prohibit dogs.
    D. Sport Fishing. We allow sport fishing along the shoreline of 
Willapa Bay and Bear River on refuge-owned lands in accordance with 
State regulations.

[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; 65 FR 30792, May 12, 2000; 65 FR 56409, Sept. 
18, 2000; 66 FR 46362, Sept. 4, 2001; 67 FR 58952, Sept. 18, 2002]

[[Page 257]]



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 possess only approved nontoxic shot while 
hunting 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.
    2. We allow shotgun and muzzle-loader hunting only with the 
possession of approved nontoxic shot size 4 or smaller for 
hunting of wild turkey. We prohibit rifle hunting.
    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. You may possess only approved nontoxic shot while in the field.
    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; 65 FR 30794, May 
12, 2000; 65 FR 56411, Sept. 18, 2000]



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. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. We require refuge permits during designated time periods.
    2. We do not allow the construction or use of blinds, platforms, or 
ladders.
    3. We allow hunting only during the State firearms season and during 
a designated time period of the archery season.
    D. Sport Fishing. [Reserved]

                    Horicon National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of ducks and 
coots on designated areas of the refuge subject to the following 
conditions:
    1. We require permits.
    2. We allow only participants in the Young Wildfowlers and Special 
Programs to hunt.
    B. Upland Game Hunting. We allow hunting of ring-necked pheasant, 
gray partridge, squirrel, and cottontail rabbit on designated areas of 
the refuge from the opening of the respective State seasons through the 
State deer firearms season, and subject to the following conditions:
    1. Shotgun hunters may possess only approved nontoxic shot while 
hunting upland game species.
    2. Hunting in the youth/novice pheasant hunt area (Area F) is for 
youth who are 12-15 years of age, and by permit.

[[Page 258]]

    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. We allow hunting only during the early archery and State firearms 
season.
    2. We do not allow the construction and use of permanent blinds, 
platforms, or ladders.
    3. You must remove all stands from the refuge following each day's 
hunt.
    4. Hunting in the area surrounding the office/visitor center (Area 
E) is by permit only.
    5. Hunting in the auto tour/hiking trail complex (Area D) is open 
only during the State firearms deer season.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following condition: We allow only bank fishing.

                   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. We allow hunting of migratory 
game birds only on designated areas of the refuge.
    B. Upland Game Hunting. We allow hunting of wild turkey, ruffed 
grouse, gray squirrel, fox squirrel, cottontail rabbit, snowshoe hare, 
and raccoon only on designated areas of the refuge subject to the 
following conditions:
    1. You may possess only unloaded guns in the retrieval zone of 
Refuge Area 7 during the State waterfowl hunting season, except while 
hunting deer during the gun deer season.
    2. During the spring turkey season, we allow unarmed hunters who 
have an unexpired spring turkey permit in their possession to scout the 
hunt area. We allow this scouting beginning on the Saturday immediately 
prior to the opening date listed on their State turkey hunting permit.
    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. You may use dogs only when hunting small game and waterfowl.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. You may not possess a loaded firearm or a nocked arrow on a bow 
within 50 feet (15 m) of the centerline of all public roads. Also, 
during the gun deer season, you may not possess a loaded firearm within 
50 feet (15 m) of the center of refuge trails, nor may you discharge a 
gun from across, down, or alongside these trails.
    2. You may not construct or use permanent blinds, stands, or 
ladders.
    3. You may use portable elevated devices but must lower them to 
ground level at the close of shooting hours each day. You must remove 
all blinds, stands, platforms, and ladders 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 gun, 
muzzleloader, and late archery seasons. Unarmed deer hunters may enter 
Area 3 to scout beginning the Saturday prior to the gun deer season.
    6. We do not allow target or practice shooting.
    7. We prohibit the use of flagging, paint, blazes, tacks, or other 
types of markers.
    D. Sport Fishing. We allow fishing in designated waters of the 
refuge at designated times subject to the following conditions: We allow 
use of nonmotorized boats in Sprague-Goose Pools only when these pools 
are open to fishing. We allow motorized boats in Suk Cerney Pool.

                  St. Croix Wetland Management District

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds throughout the district except that you may not hunt on 
designated portions posted as closed of the St. Croix Prairie Waterfowl 
Production Area (WPA) in St. Croix County.
    B. Upland Game Hunting. We allow hunting of upland game throughout 
the district except that you may not hunt on designated portions posted 
as closed of the St. Croix Prairie WPA in St. Croix County.
    C. Big Game Hunting. We allow hunting of big game throughout the 
district except that you may not hunt on designated portions of the St. 
Croix Prairie Waterfowl Production Area in St. Croix County.
    D. Sport Fishing. [Reserved]

                  Trempealeau National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to the

[[Page 259]]

following condition: We require a refuge permit.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
subject to the following conditions:
    1. We allow only hand-powered boats or boats with electric motors on 
the refuge.
    2. You must remove ice fishing shelters from the refuge following 
each day's hunt.
    3. We prohibit possessing archery or spearing equipment on refuge 
pools at any time. We allow taking rough fish by bow and arrow or spear 
only along the refuge boundary in the backwaters of the Trempealeau 
River, in accordance with State regulations.

        Upper Mississippi River National Wildlife and Fish Refuge

    Refer to 32.32 Illinois for regulations.

                Whittlesey Creek National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of migratory 
game birds on designated areas of the refuge subject to the following 
conditions:
    1. We allow only the use of portable or temporary blinds.
    2. You must remove portable or temporary blinds and any material 
brought on to the refuge for blind construction at the end of each day's 
hunt.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[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; 65 FR 
30794, May 12, 2000; 65 FR 56411, Sept. 18, 2000; 66 FR 46362, Sept. 4, 
2001; 67 FR 58952, Sept. 18, 2002]



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]
    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. We allow hunting of sage grouse and 
cottontail rabbit on designated areas of the refuge subject to the 
following condition: You may possess only approved nontoxic shot while 
in the field.
    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. We allow hunting of ducks, 
coots, dark geese, common snipe, rails, and mourning doves on designated 
areas of the refuge in accordance with State regulations and the 
following conditions:
    1. Waterfowl hunters may enter the refuge 1 hour before legal 
shooting hours to set up decoys and blinds.
    2. You may use only portable blinds or blinds constructed from dead 
or downed wood. We prohibit digging pit blinds.
    3. You must unload and encase or dismantle all firearms when 
transporting them in a vehicle or boat under power.
    4. You may possess only approved nontoxic shot.
    B. Upland Game Hunting. We allow hunting of sage grouse, cottontail 
rabbit, red fox, jackrabbit, raccoon, and skunk on designated areas of 
the refuge in accordance with State regulations and the following 
conditions:
    1. You must unload and encase or dismantle all firearms when 
transporting them in a vehicle or boat under power.
    2. You may possess only approved nontoxic shot.
    3. We prohibit the shooting of prairie dogs, coyotes, and other 
species not listed above.
    C. Big Game Hunting. We allow hunting of pronghorn, mule deer, and 
moose on designated areas of the refuge in accordance with State 
regulations and the following condition: You must unload and encase or 
dismantle all firearms when transporting them in a vehicle or boat under 
power.
    D. Sport Fishing. You may fish on designated areas of the refuge in 
accordance

[[Page 260]]

with State regulations and general refuge regulations.

[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; 65 FR 30795, May 12, 2000; 67 FR 58952, Sept. 18, 2002]



Sec. 32.71  United States Unincorporated Pacific Insular Possessions.

    The following refuge units have been opened to hunting and/or 
fishing, and are listed in alphabetical order with applicable refuge-
specific regulations.

                 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. We allow fishing only in accordance with posted 
regulations (Conservation of Natural Resources and Protection of Fish 
and Wildlife on Johnston Atoll National Wildlife Refuge), which are 
available at refuge headquarters. Other special restrictions apply on 
this refuge, and we outline them in the regulations.

                  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; 65 FR 30795, May 
12, 2000; 65 FR 56411, Sept. 18, 2000]



Sec. 32.72  Guam.

    We have opened the following refuge unit to hunting and/or fishing 
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 and 
Government of Guam laws and regulations. The leaflet is available at the 
refuge headquarters and anglers are subject to the following additional 
conditions:
    1. Anglers may be on the refuge from 8:30 a.m. until 5:00 p.m. 
daily, except Thanksgiving, Christmas, and New Year's Day.
    2. We prohibit overnight camping on the refuge.
    3. You may not possess surround or gill nets on the refuge.
    4. We prohibit the collection of corals, giant clams (Tridacna and 
Hippopus spp.), and coconut crabs (Birgus latro) on the refuge.
    5. We prohibit use of Self Contained Underwater Breathing Apparatus 
(SCUBA) to take fish or invertebrates.
    6. We prohibit anchoring boats on the refuge.
    7. We prohibit sailboards or motorized personal watercraft on the 
refuge.

[65 FR 30795, May 12, 2000, as amended at 66 FR 46363, Sept. 4, 2001; 67 
FR 58953, Sept. 18, 2002]



PART 34--REFUGE REVENUE SHARING WITH COUNTIES--Table of Contents




Sec.
34.1 Purpose.
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

[[Page 261]]

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 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

[[Page 262]]

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[cent] 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:

                      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--
  $100x80 mills County..................................      $8     80%
  $100x20 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

[[Page 263]]

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 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.

[[Page 264]]



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.



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

[[Page 265]]

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 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

[[Page 266]]

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 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]

[[Page 267]]



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:
    (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 
Sec.Sec. 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]

[[Page 268]]



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 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

[[Page 269]]

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 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

[[Page 270]]

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 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

[[Page 271]]

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.
    (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

[[Page 272]]

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.



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

[[Page 273]]

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 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

[[Page 274]]

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).
    (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

[[Page 275]]

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 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

[[Page 276]]

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.
    (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

[[Page 277]]

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 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

[[Page 278]]

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.
    (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

[[Page 279]]

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 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

[[Page 280]]

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 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.

[[Page 281]]

    (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]



                 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

[[Page 282]]

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 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

[[Page 283]]

    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 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,

[[Page 284]]

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. 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

[[Page 285]]

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 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

[[Page 286]]

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;
    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

[[Page 287]]

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 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.

[[Page 288]]

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 
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

[[Page 289]]

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 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

[[Page 290]]

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 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

[[Page 291]]

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.
    (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

[[Page 292]]

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 to Part 36--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.

                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.

[[Page 293]]



                      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 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;

[[Page 294]]

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 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.

[[Page 295]]



                     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 Sec.Sec. 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 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

[[Page 296]]

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 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.

[[Page 297]]

    (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;
    (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;

[[Page 298]]

    (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 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.

[[Page 299]]


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 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

[[Page 300]]

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 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

[[Page 301]]

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 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

[[Page 302]]

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.
    (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

[[Page 303]]

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 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.

[[Page 304]]

    (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 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,

[[Page 305]]

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.



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

[[Page 306]]

37.54(d) and the provisions of Sec.Sec. 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 Sec.Sec. 37.13 and 37.46 and the provisions of Sec.Sec. 
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 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

[[Page 307]]

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 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

[[Page 308]]

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, 801 North Quincy Street, 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 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

[[Page 309]]

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 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, 801 North Quincy Street, 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

[[Page 310]]

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.

[48 FR 16858, Apr. 19, 1983, as amended at 67 FR 38208, June 3, 2002]



                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 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

[[Page 311]]

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, 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

[[Page 312]]

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 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;

[[Page 313]]

    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;
    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;

[[Page 314]]

    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[min] and 28 deg. 25[min] North latitude, and 
their territorial seas located approximately between the meridians of 
177 deg. 10[min] and 177 deg. 30[min] 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 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

[[Page 315]]

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 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.

[[Page 316]]



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 
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''

[[Page 317]]

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.



                         SUBCHAPTER D [Reserved]



[[Page 318]]



        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, which appears in the Finding Aids section of the printed 
volume and on GPO Access.



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 319]]



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 320]]

    (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 321]]



  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.
80.27 Information collection requirements.

    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 322]]

    (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 323]]

    (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 324]]

    (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 325]]

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.

    (a) What are allowable costs? Allowable costs are costs that are 
necessary and reasonable for accomplishment of approved project purposes 
and are in accordance with the cost principles of OMB Circular A-87 (For 
availability, see 5 CFR 1310.3.).
    (b) What is required to determine the allowability of costs? Source 
documents or other records as necessary must support all costs to 
substantiate the application of funds. Such documentation and records 
are subject to review by the Service and, if necessary, the Secretary to 
determine the allowability of costs.
    (c) Are costs allowable if they are incurred prior to the date of 
the grant agreement? Costs incurred prior to the effective date of the 
grant agreement are allowable only when specifically provided for in the 
grant agreement.
    (d) How are costs allocated in multipurpose projects or facilities? 
Projects or facilities designed to include purposes other than those 
eligible under either the Sport Fish Restoration or Wildlife Restoration 
Acts must provide for the allocation of costs among the various 
purposes. The method used to allocate costs must produce an equitable 
distribution of costs based on the relative uses or benefits provided.
    (e) What is the limit on administrative costs for State central 
services? 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 cannot

[[Page 326]]

exceed in any one fiscal year three per centum of the annual 
apportionment to that State. Each State has a State Wide Cost Allocation 
Plan that describes approved allocations of indirect costs to agencies 
and programs within the State.
    (f) How much money may be obligated for aquatic education and 
outreach and communications? (1) Each of the 50 States may spend no more 
than 15 percent of the annual amount apportioned to it under provisions 
of the Federal Aid in Sport Fish Restoration Act for an aquatic 
education and outreach and communications program for the purpose of 
increasing public understanding of the Nation's water resources and 
associated aquatic life forms.
    (2) The Commonwealth of Puerto Rico, the District of Columbia, the 
Commonwealth of the Northern Mariana Islands, Guam, the Virgin Islands, 
and American Samoa are not limited to the 15-percent cap imposed on the 
50 States. Each of these entities may spend more for these purposes with 
the approval of the appropriate Regional Director.

[66 FR 18212, Apr. 6, 2001]



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

[[Page 327]]

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.



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

[[Page 328]]

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 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

[[Page 329]]

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 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]



Sec. 80.27  Information collection requirements.

    (a) Information gathering requirements include filling out forms to 
apply for certain benefits offered by the Federal Government. 
Information gathered under this part is authorized under the Federal Aid 
in Sport Fish Restoration Act (16 U.S.C. 777-7771) and

[[Page 330]]

the Federal Aid in Wildlife Restoration Act (16 U.S.C. 669-669i). The 
Service may not conduct or sponsor, and applicants or grantees are not 
required to respond to, a collection of information unless the request 
displays a currently valid OMB control number. Our requests for 
information will be used to apportion funds and to review and make 
decisions on grant applications and reimbursement payment requests 
submitted to the Federal Aid Program.
    (b) OMB Circular A-102 requires the use of several Standard Forms: 
SF-424, SF-424A and SF-424B, SF-424C, SF-424D, SF-269A and SF-269B, SF-
270, SF-271 and SF-272 (For availability, see 5 CFR 1310.3.). Combined, 
as many as 12,000 of these forms are used annually by grant applicants. 
The individual burden is approximately 1 hour to compile information and 
complete each form; the total burden is approximately 12,000 hours 
(approximately 3,500 grants are awarded/renewed each year, but not all 
forms are used for all grants). These forms are needed to document grant 
applications and requests for reimbursement.
    (c) Part 1 Certification (Service Form 3-154A, OMB Control No. 1018-
0007) and Part 2 Summary of Hunting and Sport Fishing Licenses Issued 
(Service Form 3-154B, OMB Control No. 1018-0007) require approximately 
one-half hour from each of 56 respondent States and territories for a 
total burden of 28 hours. The information is routinely collected by the 
States and territories and easily transferred to these forms and 
certified. This information is used in a statutory formula to apportion 
funds among the grant recipients.
    (d) The Grant Agreement, (Service Form 3-1552, OMB Control No. 1018-
0049) and Amendment to Grant Agreement, (Service Form 3-1591, OMB 
Control No. 1018-0049) require approximately 1 hour to gather relevant 
information, review, type, and sign. This information is compiled in the 
normal agency planning processes and transferred to these forms. 
Recipients nationwide complete approximately 3,500 Grant Agreement forms 
and 1,750 Amendment to Grant Agreement forms during any fiscal year for 
a total burden of 5,250 hours. This information is used to document 
financial awards made to grant recipients and amendments to these 
awards.
    (e) The Federal Aid Grant Application Booklet (OMB Control No. 1018-
0109) contains narrative instruction for applying for grants. It 
requires approximately 80 hours to collect information and prepare a 
grant application package. Applicants prepare and submit about 5,250 of 
these grant application packages annually for a total burden of 283,500 
hours. This information is used to determine if the work, cost, and 
future benefits of a grant application meet the needs of the Federal Aid 
in Sport Fish and Wildlife Restoration programs.
    (f) The public is invited to submit comments on the accuracy of the 
estimated average burden hours needed for completing Part I--
Certification, Part II--Summary of Hunting and Sport Fishing Licenses 
Issued, Grant Agreement, Amendment to Grant Agreement, or The Federal 
Aid Grant Application Booklet and to suggest ways in which the burden 
may be reduced. Comments may be submitted to: U.S. Fish and Wildlife 
Service, Information Collection Clearance Officer, 4401 North Fairfax 
Drive, Suite 222, Arlington, VA 22203.

[66 FR 18212, Apr. 6, 2001]



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.

[[Page 331]]


    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:
    (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]

[[Page 332]]



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:
    (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

[[Page 333]]

    (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]



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

[[Page 334]]

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 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.

[[Page 335]]

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.
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

[[Page 336]]

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.



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.

[[Page 337]]

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 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.

[[Page 338]]



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 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

[[Page 339]]

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.
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

[[Page 340]]

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 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

[[Page 341]]

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 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

[[Page 342]]

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.
    (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

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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.
    (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.

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    (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. 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 84--NATIONAL COASTAL WETLANDS CONSERVATION GRANT PROGRAM--Table of Contents




                      Subpart A--General Background

Sec.
84.10 What is the purpose and scope of this rule?
84.11 How does the Service define the terms used in this rule?
84.12 What are the information collection, record keeping, and reporting 
          requirements?

                     Subpart B--Applying for Grants

84.20 What are the grant eligibility requirements?
84.21 How do I apply for a National Coastal Wetlands Conservation Grant?
84.22 What needs to be included in grant proposals?

                      Subpart C--Project Selection

84.30 How are projects selected for grants?
84.31 An overview of the ranking criteria.
84.32 What are the ranking criteria?

        Subpart D--Conditions on Acceptance/Use of Federal Money

84.40 What conditions must I follow to accept Federal grant money?
84.41 Who prepares a grant agreement? What needs to be included?
84.42 What if a grant agreement is not signed?
84.43 How do States get the grant monies?
84.44 What is the timetable for the use of grant money?
84.45 How do I amend a proposal?
84.46 What are the cost-sharing requirements?
84.47 What are allowable costs?
84.48 What are the procedures for acquiring, maintaining, and disposing 
          of real property?
84.49 What if the project costs more or less than originally expected?

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84.50 How does a State certify compliance with Federal laws, 
          regulations, and policies?

    Authority: 16 U.S.C. 3951-3956.

    Source: 67 FR 49267, July 30, 2002, unless otherwise noted.



                      Subpart A--General Background



Sec. 84.10  What is the purpose and scope of this rule?

    The regulations in this part establish the requirements for coastal 
State participation in the National Coastal Wetlands Conservation Grant 
Program authorized by Section 305 of the Coastal Wetlands Planning, 
Protection and Restoration Act (Pub L. 101-646, title III; 16 U.S.C. 
3954). The primary goal of the National Coastal Wetlands Conservation 
Grant Program is the long-term conservation of coastal wetlands 
ecosystems. It accomplishes this by helping States protect, restore, and 
enhance their coastal habitats through a competitive grants program. 
Results are measured in acres protected, restored, and enhanced.



Sec. 84.11  How does the Service define the terms used in this rule?

    Terms used have the following meaning in this part:
    Coastal barrier. A depositional geologic feature that is subject to 
wave, tidal, and wind energies; protects landward aquatic habitats from 
direct wave attack; and includes all associated aquatic habitats such as 
adjacent wetlands, marshes, estuaries, inlets, and nearshore waters. 
These can include islands; spits of land connected to a mainland at one 
end; sand bars that connect two headlands and enclose aquatic habitat; 
broad, sandy, dune beaches; or fringing mangroves. Coastal barriers are 
found on coastlines including major embayments and the Great Lakes of 
the United States and its territories.
    Coastal Barrier Resources System. A defined set of undeveloped 
coastal areas, designated by the Coastal Barrier Resources Act of 1982 
(Pub. L. 97-348) and the Coastal Barrier Improvement Act of 1990 (Pub. 
L. 101-591). Within these defined units of the System, Federal 
expenditures are restricted to discourage development of coastal 
barriers.
    Coastal States. States bordering the Great Lakes (Illinois, Indiana, 
Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin); 
States bordering the Atlantic, Gulf (except Louisiana), and Pacific 
coasts (Alabama, Alaska, California, Connecticut, Delaware, Florida, 
Georgia, Hawaii, Maine, Maryland, Massachusetts, Mississippi, New 
Hampshire, New Jersey, New York, North Carolina, Oregon, Rhode Island, 
South Carolina, Texas, Virginia, and Washington); and American Samoa, 
Commonwealth of the Northern Mariana Islands, Guam, Puerto Rico, and the 
Virgin Islands. (Louisiana is not included because it has its own 
wetlands conservation program authorized by the Coastal Wetlands 
Planning, Protection and Restoration Act and implemented by the Corps of 
Engineers with assistance from the State of Louisiana, the Environmental 
Protection Agency, and the Departments of the Interior, Agriculture, and 
Commerce.)
    Coastal wetland ecosystems. Ecosystems that consist of multiple, 
interrelated coastal land features. They include wetlands in drainage 
basins of estuaries or coastal waters that contain saline, brackish, and 
nearshore waters; coastlines and adjacent lands; adjacent freshwater and 
intermediate wetlands that interact as an ecological unit; and river 
mouths and those portions of major river systems affected by tidal 
influence--all of which interact as an integrated ecological unit. 
Shorelands, dunes, nearshore islands, barrier islands and associated 
headlands, and freshwater wetlands within estuarine drainages are 
included in the definition since these interrelated features are 
critical to coastal fish, wildlife, and their habitats.
    The definition of a coastal wetland ecosystem also applies to the 
Great Lakes and their watersheds, where freshwater plays a similar 
hydrologic role. The Great Lakes coastal wetland ecosystem is made up of 
multiple interrelated coastal landscape features along the Great Lakes. 
The Great Lakes coastal wetland ecosystem includes wetlands located 
adjacent to any of the Great Lakes including Lake St. Clair and 
connecting waters, and mouths of river or stream systems

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draining directly into the Great Lakes. Shorelands, dunes, offshore 
islands, and barrier islands and associated headlands are included in 
the definition since these interrelated features are critical to Great 
Lakes fish, wildlife, and their habitats.
    Coastal Wetlands Act or Act. The Coastal Wetlands Planning, 
Protection and Restoration Act of 1990 (16 U.S.C. 3951-3956).
    Eligible applicant. Any agency or agencies of a coastal State 
designated by the Governor. It is usually a State natural resource or 
fish and wildlife agency.
    Enhancement. The manipulation of the physical, chemical, or 
biological characteristics of a wetland (undisturbed or degraded) site 
to heighten, intensify, or improve specific function(s) or to change the 
growth stage or composition of the vegetation present.
    Fund. A fund established and used by a coastal State for acquiring 
coastal wetlands, other natural areas, or open spaces. The fund can be a 
trust fund from which the principal is not spent, or a fund derived from 
a dedicated recurring source of monies including, but not limited to, 
real estate transfer fees or taxes, cigarette taxes, tax checkoffs, or 
motor vehicle license plate fees.
    Grant. An award of financial assistance by the Federal Government to 
an eligible applicant.
    Long-term conservation. Protecting and restoring terrestrial and 
aquatic environments for at least 20 years. This includes the hydrology, 
water quality, and fish and wildlife that depend on these environments.
    Maintenance. (These activities are ineligible under the program; the 
definition is included to distinguish these activities from acquisition, 
restoration, enhancement, and management.) Maintenance includes those 
activities necessary for upkeep of a facility or habitat. These 
activities 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 nonroutine 
cyclical maintenance to keep facilities or habitat improvements fully 
functional. Cyclical maintenance is major maintenance or renovation 
activities conducted at intervals normally greater than 1 year.
    Management. (Includes habitat management only.) Habitat management 
includes vegetation manipulation and restoration of habitat to support 
fish and wildlife populations. Creation of wetlands where they did not 
previously exist is not included in the definition of management.
    Maritime forest. Maritime forests are defined, for the purposes of 
this regulation, as broad-leaved forests that occur on barrier islands 
and along the mainland coast from Delaware to Texas. Examples are 
primarily characterized by a closed canopy of various combinations of 
live oak (Quercus virginiana), upland laurel oak (Quercus 
hemisphaerica), pignut hickory (Carya glabra), southern magnolia 
(Magnolia grandiflora), sugarberry (Celtis laevigata), and cabbage palm 
(Sabal palmetto). Shrubs and smaller trees typical of the understory 
include live oak, upland laurel oak, pignut hickory, red mulberry (Morus 
rubra), wild olive (Osmanthus americanus), American holly (Ilex opaca), 
yaupon (Ilex vomitoria), beautyberry (Callicarpa americana), bumelia 
(Sideraxylon spp.), and small-flowered pawpaw (Asimina parviflora). The 
herb layer is generally rich and diverse, typically including 
partridgeberry (Mitchella repens), coralbean (Erythrina herbacea), 
small-leaved milk pea (Galactia microphylla), tick trefoils (Desmodium 
spp.), and spikegrass (Chasmanthium sessiliflorum). Vines are 
represented by muscadine grape (Vitis rotundifolia), Virginia creeper 
(Parrhenocissus quinquefolia), and various briers (Smilax spp.).
    This natural community type becomes established on old coastal dunes 
that have been stabilized long enough to sustain forests. In time, the 
accumulation of humus contributes to moisture retention of soils, while 
the canopy minimizes temperature fluctuations by reducing soil warming 
during the day and heat loss at night. Because of the underlying deep 
sands, maritime forests are generally well-drained.
    Maritime forests have become prime resort and residential property 
because of their relatively protected locations

[[Page 347]]

along the coast. Although this community type originally occurred in 
virtually continuous strips along the Atlantic and Gulf Coasts, 
residential developments and infrastructure encroachments have severely 
fragmented most occurrences.
    National Wetlands Inventory. A Service program that produces 
information on the characteristics, extent, and status of the Nation's 
wetlands and deepwater habitat. The program's strongest mandates come 
from the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 3901), 
which directs the Service to map wetlands, conduct wetlands status and 
trends studies, and disseminate the information produced.
    National Wetlands Priority Conservation Plan. A plan developed by 
the Service for the U.S. Department of the Interior at the direction of 
Congress through the Emergency Wetlands Resources Act of 1986 (16 U.S.C. 
3901). The plan provides the criteria and guidance for identifying 
wetlands that warrant attention for Federal and State acquisition using 
Land and Water Conservation Fund appropriations.
    Operations. (These activities are ineligible under the program; the 
definition is included to distinguish these activities from acquisition, 
restoration, enhancement, and management.) Operations include activities 
necessary for the functioning of a facility or habitat to produce 
desired results. These include public use management and facility 
management.
    Program. The National Coastal Wetlands Conservation Grant Program. A 
program administered by the Service that awards Federal grants through a 
competitive process to State agencies for projects to acquire, restore, 
manage, or enhance coastal wetlands.
    Project. One or more related activities necessary to fulfill a 
stated objective to provide for the long-term conservation of coastal 
wetlands including the lands and waters, hydrology, water quality, and 
wetland-dependent wildlife. These activities can include acquisition, 
restoration, enhancement, or management of coastal wetlands.
    Restoration. The manipulation of the physical, chemical, or 
biological characteristics of a site with the goal of returning natural/
historic functions to a former or degraded wetland.



Sec. 84.12  What are the information collection, record keeping, and reporting 
requirements?

    (a) Information collection requirements include:
    (1) An Application for Federal Assistance (Standard Form 424);
    (2) A proposal, following the guidance of OMB Circular A-102 and the 
Federal Aid Grant Application Booklet (OMB Control Number 1018-0109), 
that includes statements of need and objective(s); a description of 
expected results or benefits; the approach to be used, such as 
procedures, schedules, key personnel and cooperators, location of the 
proposed action, and estimated costs to accomplish the objective(s); 
identification of any other actions that may relate to the grant; and a 
description of public involvement and interagency coordination;
    (3) Discussion of ranking criteria, including a completed summary 
information form (USFWS Form 3-2179);
    (4) Assurances of compliance with all applicable Federal laws, 
regulations, and policies (SF 424B or SF 424D); and
    (5) Documents, as appropriate, supporting the proposal; for example, 
environmental assessments (including the NEPA compliance checklist, 
USFWS Form 3-2185) and evaluations of effects on threatened and 
endangered species.
    (6) A grant agreement form if the proposal is selected for an award 
(USFWS Form 3-1552); and
    (7) A grant amendment form if the agreement is modified (USFWS Form 
3-1591).
    (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). The project report should include 
information about the acres conserved, with a breakdown by conservation 
method (for example, acquired, restored, or both) and type of habitat 
(list habitat types and include the acreage of each). Are the results of 
the project being monitored? Is there evidence that the resources 
targeted in the proposal (for example, anadromous

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fish, threatened and endangered species, and migratory birds) have 
benefited?
    (c) Reporting requirements include retention and access requirements 
as specified in 43 CFR 12.82 and authorized by OMB through the Federal 
Aid Grant Application Booklet (OMB Control Number 1018-0109).



                     Subpart B--Applying for Grants



Sec. 84.20  What are the grant eligibility requirements?

    (a) Eligible grant activities include:
    (1) Acquisition of a real property interest in coastal lands or 
waters from willing sellers or partners (coastal wetlands ecosystems), 
providing that the terms and conditions will ensure the real property 
will be administered for long-term conservation.
    (2) The restoration, enhancement, or management of coastal wetlands 
ecosystems, providing restoration, enhancement, or management will be 
administered for long-term conservation.
    (b) Ineligible activities include but are not limited to:
    (1) Projects that primarily benefit navigation, irrigation, flood 
control, or mariculture;
    (2) Acquisition, restoration, enhancement, or management of lands to 
mitigate recent or pending habitat losses resulting from the actions of 
agencies, organizations, companies, or individuals;
    (3) Creation of wetlands by humans where wetlands did not previously 
exist;
    (4) Enforcement of fish and wildlife laws and regulations, except 
when necessary for the accomplishment of approved project purposes;
    (5) Research;
    (6) Planning as a primary project focus (planning is allowable as a 
minimal component of project plan development);
    (7) Operations and maintenance;
    (8) Acquiring and/or restoring upper portions of watersheds where 
benefits to the coastal wetlands ecosystem are not significant and 
direct; and
    (9) Projects providing less than 20 years of conservation benefits.



Sec. 84.21  How do I apply for a National Coastal Wetlands Conservation 
Grant?

    (a) Eligible applicants should submit their proposals to the 
appropriate Regional Director of the U.S. Fish and Wildlife Service. 
Proposals must be complete upon submission, and must include the 
information outlined in Sec. 84.22 to be complete.
    (1) Service Regional Federal Aid Offices' responsibilities for 
administration of this grant program include: Notifying the States of 
the program, its requirements, and any changes that occur; determining 
the State agencies designated by the Governor as eligible applicants; 
ensuring that only eligible applicants apply for grants; coordinating 
with various Service programs to ensure that sound and consistent 
guidance is communicated to the States; determining proposal eligibility 
and substantiality; and determining 75 percent match eligibility and 
notifying the States of approved and disapproved proposals.
    (2) Service Divisions of Ecological Services in the regions and 
field and Fisheries and Habitat Conservation in the national office 
provide technical assistance and work with Federal Aid to encourage 
State participation in this process.
    (3) Send your proposals to the appropriate Regional Offices, as 
follows:

------------------------------------------------------------------------
   Coastal states by service regions       Regional contact information
------------------------------------------------------------------------
American Samoa, California,              Regional Director (Attention:
 Commonwealth of the Northern Mariana     Federal Aid), U.S. Fish and
 Islands, Guam, Hawaii, Oregon, and       Wildlife Service, Eastside
 Washington (Region 1).                   Federal Complex, 911 NE 11th
                                          Avenue, Portland, Oregon 97232-
                                          4181, (503) 231-6128.
Texas (Region 2).......................  Regional Director (Attention:
                                          Federal Aid), U.S. Fish and
                                          Wildlife Service, P.O. Box
                                          1306, 500 Gold Avenue, SW,
                                          Albuquerque, New Mexico 87103,
                                          (505) 248-7450.
Illinois, Indiana, Michigan, Minnesota,  Regional Director (Attention:
 Ohio, and Wisconsin (Region 3).          Federal Aid), U.S. Fish and
                                          Wildlife Service, Bishop Henry
                                          Whipple Federal Building, 1
                                          Federal Drive, Fort Snelling,
                                          Minnesota 55111-4056, (612)
                                          713-5130.

[[Page 349]]

 
Alabama, Florida, Georgia, Mississippi,  Regional Director (Attention:
 North Carolina, Puerto Rico, South       Federal Aid), U.S. Fish and
 Carolina, and the Virgin Islands.        Wildlife Service, 1875 Century
 Louisiana is not eligible to             Boulevard, Suite 324, Atlanta,
 participate under Section 305 of 16      Georgia 30345, (404) 679-4159.
 U.S.C. 3954, because Louisiana has its
 own separate program. (Region 4).
Connecticut, Delaware, Maine, Maryland,  Regional Director (Attention:
 Massachusetts, New Hampshire, New        Federal Aid), U.S. Fish and
 Jersey, New York, Pennsylvania, Rhode    Wildlife Service, 300 Westgate
 Island, and Virginia (Region 5).         Center Drive, Hadley,
                                          Massachusetts 01035-9589,
                                          (413) 253-8508.
Alaska (Region 7)......................  Regional Director (Attention:
                                          Federal Aid), U.S. Fish and
                                          Wildlife Service, 1011 East
                                          Tudor Road, Anchorage, Alaska
                                          99503, (907) 786-3435.
------------------------------------------------------------------------

    (b) The Program operates on an annual cycle. Regional Federal Aid 
Offices request proposals from the States in early April. Proposals must 
be received by the Regional Director on or before a due date set in 
early June in order to be considered for funding in the following fiscal 
year. Check with your Regional Office each year for the exact due dates. 
Regions review proposals for eligibility and substantiality. Regions may 
rank eligible and substantial proposals and submit them to the national 
office of the Service in Washington, DC, by a date set in late June. A 
Review Panel coordinated by the Service's National Office of Fisheries 
and Habitat Conservation reviews and ranks proposals in early August 
using the criteria established in this rule. The Director selects the 
proposals and announces the grant recipients at the beginning of the new 
fiscal year (October 1).
    (c) More than one agency in a State may submit proposals to the 
Service if the Governor determines that more than one agency has 
responsibility for coastal wetlands.
    (d) A project proposal that includes several separate and distinct 
phases may be submitted in phases, but any succeeding phases must 
compete against other proposals in the year submitted. Obtaining money 
for one phase of a project will not be contingent upon acquiring money 
for another phase of that same project.
    (e) The Federal (Program) share will not exceed $1 million per 
project.
    (f) The percentage of non-Federal match (cash or in-kind) must not 
be less than 25 percent of the total costs if the State has a designated 
fund or not less than 50 percent without a fund.



Sec. 84.22  What needs to be included in grant proposals?

    Proposals must include the following:
    (a) Application for Federal Assistance (Standard Form 424);
    (b) A Statement of Assurances of compliance with applicable Federal 
laws, regulations, and policies (either Standard Form 424B or 424D); and
    (c) A project statement that identifies and describes:
    (1) The need within the purposes of the Act;
    (2) Discrete, quantifiable, and verifiable objective(s) to be 
accomplished during a specified time period;
    (3) Expected results or benefits, in terms of coastal lands and 
waters, the hydrology, water quality, or fish and wildlife dependent on 
the wetlands;
    (4) The approach to be used in meeting the objectives, including 
specific procedures, schedules, key personnel, and cooperators;
    (5) A project location, including two maps: A map of the State 
showing the general location of the proposal, and a map of the project 
site;
    (6) Estimated costs to attain the objective(s) (the various 
activities or components of each project should be broken down by cost 
and by cooperator);
    (7) If the request is more than $100,000 (Federal share), the 
applicant must submit a Form DI-2010, certifying that the grant money 
will not be used for lobbying activities;
    (8) A concise statement, with documentation, of how the proposal 
addresses each of the 13 numeric criteria including a summary using FWS 
Form No. 3-2179 (see Sec. 84.32);
    (9) A description of the State trust fund that supports a request 
for a 75

[[Page 350]]

percent Federal share in sufficient detail for the Service to make an 
eligibility determination, or a statement that eligibility has been 
previously approved and no change has occurred in the fund;
    (10) A list of other current coastal acquisition, restoration, 
enhancement, and management actions; agency(ies) involved; relationship 
to the proposed grant; and how the proposal fits into comprehensive 
natural resource plans for the area, if any; and
    (11) Public involvement or interagency coordination on coastal 
wetlands conservation projects that has occurred or is planned that 
relates to this proposal (Specify the organizations or agencies involved 
and dates of involvement.).



                      Subpart C--Project Selection



Sec. 84.30  How are projects selected for grants?

    Project selection is a three-step process: proposal acceptance, 
proposal ranking, and proposal selection.
    (a) Proposal acceptance. (1) The Regional Federal Aid Offices decide 
whether a proposal should be accepted for consideration by determining 
if the proposal is complete, substantial, and contains activities that 
are eligible. Proposals that do not qualify are immediately returned to 
the State. Revision and resubmission of returned proposals is allowable 
during this period, which is in June (check with your Regional Office 
for the exact dates each year). If any of the factors of completeness, 
substantiality, or eligibility are not met, the Regions should not 
forward the proposal to the Washington Office.
    (2) To be considered for acceptance, the proposal must be 
substantial in character and design. A substantial proposal is one that:
    (i) Identifies and describes a need within the purposes of the Act;
    (ii) Identifies the objective to be accomplished based on the stated 
need;
    (iii) Uses accepted principles, sound design, and appropriate 
procedures;
    (iv) Provides public conservation benefits that are cost effective 
and long-term, i.e., at least 20 years; and
    (v) Identifies obtainable, quantified performance measures (acres 
enhanced, restored, or protected) that help achieve the management goals 
and objectives of the National Coastal Wetlands Conservation Grant 
Program. Through this program, the States' efforts and leadership will 
help the Service meet its Long-Term and Annual Performance Goals as 
expressed in the Service's Annual Performance Plan.\1\
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    \1\ The Service's Annual Performance Plan can be found on the 
Service's homepage at http://www//.fws.gov/r9gpra. For more information 
you might also contact the Budget Office at 202-208-4596 or the Planning 
and Evaluation Staff at 202-208-2549.
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    (3) The grant limit is $1 million. Proposals requesting Program 
awards that exceed $1 million will be returned to the appropriate State. 
Similarly, individual projects that have clearly been divided into 
multiple proposals for submission in one grant cycle to avoid this limit 
will be returned to the appropriate State. The State can revise and 
resubmit the proposal so that the request does not exceed the $1 million 
limit.
    (b) Proposal ranking. Once a proposal is accepted by the Region, the 
Regional Federal Aid Office sends the proposal to the National Federal 
Aid Office, which works with the National Office of the Fish and 
Wildlife Management and Habitat Restoration Program for distribution to 
a Review Panel. The Review Panel includes representation from our 
coastal Regions and from other Service Programs, for example, the 
Endangered Species Program. The Fisheries and Habitat Conservation 
Program is responsible for coordinating the review and ranking of 
proposals according to the established criteria, a process that usually 
involves a national meeting.
    (c) Proposal selection. The Review Panel's recommendations are 
forwarded to the Director of the Service for a final review and project 
selection. The Director announces the selection by October 1.



Sec. 84.31  An overview of the ranking criteria.

    (a) The primary objective of the proposal will be to acquire, 
restore, enhance, or manage coastal wetlands to

[[Page 351]]

benefit coastal wetlands and the hydrology, water quality, and fish and 
wildlife dependent upon them. The Program will not provide grants, for 
example, for construction or repair of boat ramps or docks for 
recreational purposes and construction or support of research facilities 
or activities. The purpose of the ranking criteria is to provide a means 
for selecting the best projects--those that produce the maximum benefits 
to coastal wetlands and the fish and wildlife that depend on them.
    (b) Proposal ranking factors. (1) Ranking criteria. As explained in 
Sec. 84.32, we will evaluate proposals according to 13 ranking criteria. 
These criteria have varying point values. Proposals must address each of 
these 13 criteria.
    (2) Additional considerations. Even though the criteria provide the 
primary evaluation of proposals, we may factor additional considerations 
into the ranking decision at the national level. In case of a tie, we 
will use these additional considerations to rank proposals having 
identical scores.
    (c) The criteria in Sec. 84.32 are not listed in priority order.
    (d) Points are assigned on the basis of a completed project, rather 
than current conditions, e.g., count 50 acres of estuarine emergent 
wetlands if 50 acres of that habitat type will be restored when the 
project is completed.
    (e) A range of points rather than a set point value allows the 
reviewer to distinguish between, for example, a proposal that provides 
some foraging habitat for a threatened species versus one that provides 
critical nesting habitat of several endangered species. Scoring guidance 
is included with the individual criteria.
    (f) A total of 64 points is possible under the scoring system.
    (g) If a grant proposal is not selected, the State may resubmit it 
for reconsideration in subsequent fiscal years. Resubmission of a grant 
proposal is the responsibility of the applicant.



Sec. 84.32  What are the ranking criteria?

    (a) The U.S. Fish and Wildlife Service will rank proposals using the 
13 criteria listed below. In the following list, a description of each 
criterion is followed by examples and the points they would receive for 
that criterion.
    (1) Wetlands conservation. Will the project reverse coastal wetland 
loss or habitat degradation in decreasing or stable coastal wetland 
types? Will it conserve wetlands to prevent losses of decreasing or 
stable wetland types? (Maximum: 7 points)
    (i) The majority of the project area (over 50 percent) is nationally 
decreasing coastal wetland types,\2\ or the majority is regionally 
decreasing wetlands types in which the case for regionally decreasing is 
well-documented (Up to 7 points). The nationally decreasing types are 
estuarine intertidal emergent; estuarine intertidal forested; estuarine 
intertidal scrub-shrub; marine intertidal; palustrine emergent; 
palustrine forested; and palustrine scrub-shrub. Describe the wetlands 
using terms listed above. Include a breakdown showing the percentage of 
the proposal's total and wetland acreage in decreasing types. Provide 
National Wetlands Inventory codes/information if available. Information 
about these can be found on the National Wetland Inventory's web site at 
http://wetlands.fws.gov.
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    \2\ These designations are based on the National Wetlands Priority 
Conservation Plan. For more information about the plan, or to receive a 
copy of the document, refer to the contact information provided in Sec. 
84.21.
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    (ii) The majority of the project area (over 50 percent) is 
nationally stable coastal wetlands types \2\ (Up to 5 points). The 
nationally stable types are estuarine intertidal non-vegetated and 
estuarine subtidal. Describe the wetlands using the terms listed above. 
Include a breakdown showing the percentage of the proposal's total and 
wetland acreage in stable types. Provide National Wetlands Inventory 
codes/information if available.
    (iii) Wetlands benefited are less than 50 percent of the project 
area. (Up to 3 points)
    (iv) If the project would benefit wetlands in the upper portion of 
the coastal watershed, but does not demonstrate significant and direct 
benefits to coastal wetlands, the proposal will not receive any points. 
(0 points)
    (v) We will award a full 7 points to proposals that document that 
over 50

[[Page 352]]

percent of their project area would be, upon project completion, 
decreasing coastal wetland types. A combination of decreasing and stable 
types that is over 50 percent of the project area could receive an 
intermediate score of 4, 5, or 6 points, depending on the balance 
between decreasing and stable types. If wetlands are 50 percent or less 
of the project area, use the following guide for allocating points: 25 
to 50 percent of the project area is decreasing or stable wetlands, 2, 
3, or 4 points; 5 to 24 percent, 1 or 2 points; and less than 5 percent, 
0 points.
    (2) Maritime forests on coastal barriers. Will the proposal 
significantly benefit maritime forests on coastal barriers? The coastal 
barrier does not need to be a unit of the Coastal Barrier Resources 
System. (Maximum: 7 points)
    (i) The proposal documents significant benefit to maritime forests 
on a coastal barrier. Describe the forest in sufficient detail so 
reviewers can determine whether it meets the definition of ``maritime 
forest.'' (Up to 7 points)
    (ii) The proposal does not benefit maritime forests on a coastal 
barrier. (0 points)
    (iii) For this criterion most scores should be either 0 or 7. If 
questions arise about the significance of the benefit or whether the 
forests meet the strict definition, an intermediate score could be 
given.
    (3) Long-term conservation. Does the project ensure long-term 
conservation of coastal wetland functions? The project must provide at 
least 20 years of conservation benefits to be eligible. (Maximum: 7 
points)
    (i) Once the project is complete, the project will provide 
continuing coastal wetlands benefits in perpetuity (100 years or 
longer). (7 points)
    (ii) Once the project is complete, the project will provide 
continuing coastal wetland benefits for 50-99 years. (3 to 6 points)
    (iii) Once the project is complete, the proposal will provide 
continuing coastal wetlands benefits for 20-49 years. (1 to 3 points)
    (iv) The proposal should show how the project will be maintained and 
the benefits sustained over time. Proposals must include adequate 
documentation of long-term conservation of coastal wetland values, such 
as a 25-year easement, to receive points for this criterion. If part of 
the project's benefits will be perpetual (owned in fee title, for 
example) and part is estimated to last 20 years, reviewers should weigh 
the different elements of the project and give an intermediate score.
    (4) Coastal watershed management. Would the completed project help 
accomplish the natural resource goals and objectives of one or more 
formal, ongoing coastal ecosystem or coastal watershed management 
plan(s) or effort(s)? Describe the management plan or effort(s). 
(Maximum: 3 points)
    (i) The project supports the natural resource goals of identified 
formal, ongoing coastal ecosystem or coastal watershed management plans 
or efforts. Describe the management plan(s) and/or effort(s) and explain 
how this project relates to its objectives. A plan that very 
specifically identifies the site will receive more points than a plan 
containing many generic references. (Up to 3 points)
    (ii) The project does not support the natural resource goals and 
objectives of a formal, ongoing coastal ecosystem or coastal watershed 
management effort. If the proposal benefits the upper portions of 
coastal watersheds, but provides no significant and direct benefits to 
the coastal wetlands ecosystems, the proposal will not receive points. 
(0 points)
    (5) Conservation of threatened and endangered species. Will the 
project benefit any federally listed endangered or threatened species, 
species proposed for Federal listing, recently delisted species, or 
designated or proposed critical habitat in coastal wetlands? Will it 
benefit State-listed threatened and endangered species? (Maximum: 5 
points)
    (i) The project will provide, restore, or enhance important habitat 
(e.g., nesting, breeding, feeding, nursery areas) for federally listed 
or proposed endangered or threatened species that use the coastal area 
project site for at least part of their life cycle. The project will 
benefit recently delisted species and habitat conservation plans 
developed under the auspices of the Endangered Species Act. List the 
species and their status (e.g., threatened or endangered) and provide 
documentation

[[Page 353]]

(e.g., cite recovery plan, attach letter from species expert) of current 
or recent species occurrence in the coastal area project site. Describe 
the importance of the habitat. (Up to 5 points)
    (ii) The project will provide, restore, or enhance important habitat 
for State-listed threatened and endangered species. (Up to 2 points)
    (iii) The project will not provide, restore, or enhance important 
habitat for federally or State-listed or proposed endangered or 
threatened species in the coastal area project site for any part of 
their life cycle. If the proposal provides benefits to threatened and 
endangered species in the upper portion of the coastal watershed, but 
provides no significant and direct benefits to threatened and endangered 
species using coastal wetlands ecosystem habitat, the proposal will not 
receive any points. (0 points)
    (iv) The combined scores of subparagraphs (a)(5)(i) and (a)(5)(ii) 
of this section cannot exceed the 5-point maximum.
    (6) Benefits to fish. Will the project provide, restore, or enhance 
important fisheries habitat? (Maximum: 5 points)
    (i) The project will provide, restore, or enhance important habitat 
(i.e., spawning, nursery, juvenile, or foraging habitat) for specific 
species that use the coastal area project site for at least part of 
their life cycle. These species may include anadromous, 
interjurisdictional, or other important species. List species, habitat 
types, and benefits to each species. (Up to 5 points)
    (ii) The project does not document current or future benefits to 
fish species and their habitat. (0 points)
    (iii) The more specific the information is on the use of the area 
and the importance of the habitat, the greater the points. An area 
specifically identified as critical for conservation in a fisheries 
management plan will, for example, receive more points than one which is 
not.
    (7) Benefits to coastal-dependent or migratory birds. Will the 
project provide, restore, or enhance important habitat for coastal-
dependent or migratory birds?
    (i) The project will provide, restore, or enhance important habitat 
(i.e., breeding, staging, foraging, wintering/summering habitat) 
benefits for at least part of the life cycle of coastal dependent or 
migratory birds. List the species and habitat types, and describe the 
benefits to each. (Up to 5 points)
    (ii) The project will not significantly benefit coastal-dependent or 
migratory birds. (0 points)
    (iii) We will give maximum points to projects that benefit coastal-
dependent species identified in the North American Waterfowl Plan or 
listed as species of management concern.\3\ Proposals should also 
include information that demonstrates how the project will contribute to 
the regional goals developed under the U.S. Shorebird Conservation Plan, 
the North American Waterbird Conservation Plan, Partners in Flight, the 
North American Waterfowl Management Plan, or other bird conservation 
initiatives. Proposals that fail to do so will not receive maximum 
points. Indicate if the proposed area has been specifically identified 
by any program or agency for its migratory bird values.
---------------------------------------------------------------------------

    \3\ For more information about species of management concern, visit 
the website migratorybirds.fws.gov or contact the Division of Migratory 
Bird Management at 703-358-1714.
---------------------------------------------------------------------------

    (8) Prevent or reduce contamination. Will the project prevent or 
reduce input of contaminants to the coastal wetlands and associated 
coastal waters, or restore coastal wetlands and other associated coastal 
waters that are already contaminated? (Maximum: 5 points)
    (i) The project will prevent significant inputs of contaminants or 
will provide significant improvements to the quality of the coastal 
wetland and associated waters through protection from contaminants or 
restoration, including assimilation of nutrients and nonpersistent toxic 
substances. Describe the types and sources of possible or current 
impairment to the coastal wetland and other associated coastal waters 
(e.g., to water quality, sediments, flora, or fauna). Describe how 
contaminant inputs or residues will be prevented, reduced, or 
eliminated. Preventing contaminants by precluding residential 
development through acquisition will not normally warrant full

[[Page 354]]

points unless the applicant can be shown that significant contamination 
would have occurred otherwise. (Up to 5 points)
    (ii) The proposal will not significantly prevent impairment or 
improve the quality of the coastal wetland and associated coastal 
waters. If the proposal provides positive water quality benefits in the 
upper portions of watersheds, but provides no significant and direct 
positive water quality benefits to coastal wetland ecosystems, the 
proposal will not receive points. (0 points)
    (iii) Show direct links between contamination and wildlife and 
aquatic habitats. To receive full points, you should provide 
documentation of the linkage. Reviewers may consider the extent of 
contaminants prevention/reduction when assigning points. Proposals 
having the potential to produce an attractive nuisance (e.g., acquiring 
and/or restoring a wetland that will be attractive to wildlife and that 
also has the potential to accumulate high levels of persistent toxic 
metals or hydrocarbon compounds) will not receive points.
    (9) Catalyst for future conservation. Is the project proposal 
designed to leverage other ongoing coastal wetlands protection projects 
in the area, such as acquisition of areas to add to already acquired 
coastal lands, or provide impetus for additional restoration? (Maximum: 
4 points)
    (i) The project will be essential (e.g., key to completion or 
implementation of a greater conservation plan) to further advance or 
promote other coastal projects under way. Explain why. (Up to 4 points)
    (ii) The project proposal does not demonstrate a positive impact on 
other coastal projects. (0 points)
    (iii) To receive the maximum number of points, the proposal should 
be essential to the initiation or completion of a larger project. 
Examples may include acquisition of key in-holdings within a larger 
protected area, funds necessary to acquire fee simple interest in 
properties where a conservation easement has already been secured, and 
funds necessary to complete restoration activities to a protected area.
    (10) Partners in conservation. Will the proposal receive financial 
support, including in-kind match, from private, local, or other Federal 
interests? (Maximum: 4 points)
    (i) The proposal includes the State applicant plus one or more non-
State financial partners. (Up to 4 points)
    (ii) The proposal includes only financial support from the State 
applicant. (0 points)
    (iii) A written description of commitment of funds or in-kind match 
from the partners must accompany the proposal. (This requirement is in 
addition to signing the Assurances Form.) The purpose of this criterion 
is to promote partnerships with private, local, or other Federal 
agencies rather than to increase the dollar amount of the matching 
share. Therefore, no specific minimum amount is indicated here. At least 
two partners, in addition to the State applicant, should have committed 
money to the project to receive maximum points.
    (11) Federal share reduced. Does the proposal significantly reduce 
the Federal share by providing more than the required match amount? In 
the case of a Territory or Commonwealth that does not require match 
funds, does the proposal include financial support from sources other 
than the Territory or Commonwealth? (Maximum: 5 points)
    (i) The State, territory, or commonwealth applicant must have a non-
Federal funding source (in-kind match does not count for this criterion) 
that reduces the Federal share. (Up to 5 points)
    (ii) The maximum Federal share is requested by the proposal. (0 
points)
    (iii) The purpose of this criterion is to increase the amount of 
money from non-Federal sources. This increase decreases the need for 
Federal match dollars, so that Federal dollars can help more projects. 
Documentation of each partner's financial commitment must accompany the 
proposal to receive points. If the State itself provides the excess 
match, the State should receive credit for reducing the Federal share. 
Each 5 percent above the required State match would be approximately 
equal to 1 point. The following two examples, using both a 50 and 75 
percent Federal match share, define a 10 percent increase in a State's 
match amount.


[[Page 355]]


    (A) Example 1-50--Percent Federal Match

If the total project costs are $100,000, then the required State match 
    share is $50,000.
If the State or a partner provides an additional cash contribution equal 
    to 10 percent of the $50,000, $5,000. This is defined as a 10 
    percent increase in the State match.\4\
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    \4\ From sources other than Federal agencies. Natural Resource 
Damage Assessment funds may in some cases be defined as ``non-Federal.'' 
See discussion under Sec. 84.46 on What are the cost-sharing 
requirements?

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    (B) Example 2-75--Percent Federal Match

If the total project costs are $100,000, then the required State match 
    share is $25,000.
If the State or a partner provides an additional cash contribution equal 
    to 10 percent of the $25,000, $2,500. This is defined as a 10 
    percent increase in the State match.\4\

    (12) Education/outreach program or wildlife-oriented recreation. Is 
the project designed to increase environmental awareness and develop 
support for coastal wetlands conservation? Does it provide recreational 
opportunities that are consistent with the conservation goals of the 
site? (Maximum: 3 points)
    (i) The proposal includes a site-specific, substantive education/
outreach or wildlife-oriented recreation program. (Up to 3 points)
    (ii) The proposal does not include a substantive education/outreach 
or wildlife-oriented recreation program. (0 points)
    (iii) The proposal must describe what makes this program substantive 
and link it closely with the specific site to receive full points. 
Programs supported by activities or funds from partners should be 
encouraged over use of project dollars. Project proposals may include 
substantive education/outreach components necessary for the completion 
of the project. However, these should be activities that complement or 
support the primary goal of the project.
    (13) Other factors. Do any other factors, not covered in the 
previous criteria, make this project or site particularly unique and 
valuable? Does the project offer important benefits that are not 
reflected in the other criteria? The following list includes examples of 
projects that provide benefits not reflected in other criteria. 
(Maximum: 4 points)
    (i) The project might provide significant benefits to, for example: 
rare or threatened habitat types; biodiverse habitats; rare and 
declining species; and the local community.
    (ii) The project would be particularly cost-effective, providing 
very significant resource benefits for the cost.
    (iii) The project would assist in the prevention or control of 
invasive species.
    (iv) The project would provide important cultural or historical 
resource benefits.
    (v) The project would provide other benefits.
    (vi) Reviewers should not assign points to resource values covered 
by other criteria. The proposal should provide a short narrative to 
support claims to Other Factors points.
    (b) Additional considerations. We will factor the following 
considerations into the ranking process if two or more proposals have 
the same point totals. The tie-breaking factors are as follows:
    (1) The project would prevent the destruction or degradation of 
habitat from pending sale of property, from adverse effects of current 
activities such as draining of wetlands, or from natural processes such 
as erosion at excessive rates;
    (2) The project would protect unique and significant biological 
diversity;
    (3) The project has lower costs per acre conserved; and
    (4) In the project proposal the State or third party provides lands 
as opposed to using lands already owned by the State or third party as 
part of the State matching share.
    (c) All proposals must include the information described in 
paragraphs (b) (1)-(4) of this section. If a tie occurs between two or 
more proposals, the reviewers need to have this information available 
immediately to decide which proposal or proposals should be recommended 
for selection.

[[Page 356]]



        Subpart D--Conditions on Acceptance/Use of Federal Money



Sec. 84.40  What conditions must I follow to accept Federal grant money?

    (a) The audit requirements for State and local governments (43 CFR 
part 12), and
    (b) The uniform administrative requirements for grants and 
cooperative agreements with State and local governments (43 CFR part 
12).



Sec. 84.41  Who prepares a grant agreement? What needs to be included?

    The coastal State and the Fish and Wildlife Service work together to 
develop a Grant Agreement (Form 3-1552) upon completion of the review by 
the Regional Director to determine compliance with applicable Federal 
laws and regulations. The Grant Agreement includes the grant title, the 
grant cost distribution, the agreement period, other grant provisions, 
and special grant conditions. If a Coastal Barrier Unit is affected, the 
Service must conduct internal consultations pursuant to Section 6 of the 
Coastal Barrier Resources Act, as amended by the Coastal Barrier 
Improvement Act, prior to providing any grant monies to that State.



Sec. 84.42  What if a grant agreement is not signed?

    Monies that have been allocated for a grant will be held until 
December 31 of the following year. If a grant agreement has not been 
signed by the State and the Service and, therefore, the money has not 
been obligated for the approved grant by that date, the funds 
automatically are returned to the Program account in Washington.



Sec. 84.43  How do States get the grant monies?

    Funding to States is provided on a reimbursable basis. See Sec. 
84.47 for information on what costs can be reimbursed. The Service may 
reimburse the State for projects completed, or make payments as the 
project progresses. For construction work and labor, the Service and the 
State may jointly determine, on a case-by-case basis, that payments may 
be made in advance. We will minimize the time elapsing between the 
transfer to the State and the State's need for the funds, and the time 
period will be subject to a specific determined need for the funds in 
advance. Except for extenuating circumstances, a reasonable time period 
to advance funds to a State is up to 3 days. OMB Circular A-102, Parts 
II and III, 43 CFR part 12, and 31 CFR part 205 provide specific 
information on methods and procedures for transferring funds.



Sec. 84.44  What is the timetable for the use of grant money?

    Once money is granted to the coastal States, the money is available 
to those States for the time designated in the grant agreement. If a 
State needs more time, the State must apply for an extension of time by 
amending the grant agreement. If the Service does not extend the time, 
the unobligated monies return to the Service for expenditure on future 
grants. Also, if a State cannot spend the money on the approved project, 
the State must notify the appropriate Regional Director as soon as 
possible so that the money can revert back to the Service for future 
grants.



Sec. 84.45  How do I amend a proposal?

    Following procedures in 43 CFR 12.70, you must submit a signed 
original and two copies of the revised SF 424, the revised portion of 
the project statement if appropriate, and an explanation of the reason 
for the revision to the Regional Director (Federal Aid).



Sec. 84.46  What are the cost-sharing requirements?

    (a) Except for certain insular areas, the Federal share of an 
approved grant will not exceed 50 percent of approved costs incurred. 
However, the Federal share may be increased to 75 percent for coastal 
States that have established and are using a fund as defined in Sec. 
84.11. The Regions must certify the eligibility of the fund in order for 
the State to qualify for the 75 percent matching share.
    (b) The following insular areas: American Samoa, Guam, the 
Commonwealth of the Northern Mariana Islands, and the U.S. Virgin 
Islands, have been exempted from the matching share, as provided in Pub. 
L. 95-134, amended by Pub. L. 95-348, Pub. L. 96-

[[Page 357]]

205, Pub. L. 98-213, and Pub. L. 98-454 (48 U.S.C. 1469a). Puerto Rico 
is not exempt from the match requirements of this Program.
    (c) The State may provide materials (e.g., heavy equipment) or other 
services as a noncash match for portions of the State's matching share. 
The State may also provide the value of land, including the land 
proposed for restoration, enhancement, or management as a noncash match, 
provided that the land is necessary and reasonable for completing the 
project. For example, if a State proposes to manage a contiguous wetland 
of 100 acres, and already owns 10 of the 100 acres, the State can apply 
the current value of the 10 acres, provided that the 10 acres are 
necessary to manage the entire 100 acres. If the 10-acre wetland were 
not contiguous and no connection could be made that the 10 acres were 
needed to manage the proposed wetland, the State could not use the 10 
acres as a noncash match. Review 43 CFR 12.64 for determining the value 
of in-kind contributions.
    (d) The requirements in 43 CFR 12.64 and Service Manual Part 522 FW 
1.13 \5\ apply to in-kind matches or cost-sharing involving third 
parties. Third party in-kind contributions must represent the current 
market value of noncash contributions furnished as part of the grant by 
another public agency, private organization, or individual. In-kind 
matches must be necessary and reasonable to accomplish grant objectives.
---------------------------------------------------------------------------

    \5\ From the Fish and Wildlife Service Manual, available on-line at 
http://www.fws.gov/directives/index.html.
---------------------------------------------------------------------------

    (e) Coastal States must commit to their matching share of the total 
costs by signing the Application for Federal Assistance (SF 424), the 
Assurances (SF 424B or SF 424D), and the Grant Agreement (Form 3-1552).
    (f) No Federal monies, non-Federal monies, in-kind contributions, or 
National Fish and Wildlife Foundation grant program monies that will be 
or have been previously used to satisfy the matching requirement of 
another Federal grant can be used as part of the coastal State's 
matching share.
    (g) The coastal State is responsible for ensuring the full amount of 
that State's matching requirement, either with State funds or from 
contributions toward the proposal from other agencies, groups, or 
individuals. Sources other than State applicant funds must be documented 
and approved as eligible.
    (h) Total Federal contributions (including all Federal sources 
outside of the Program) may not exceed the maximum eligible Federal 
share under the Program. This includes monies provided to the State by 
other Federal programs. If the amount of Federal money available to the 
project is more than the maximum allowed, we will reduce the Program 
contribution by the amount in excess.
    (i) Natural Resource Damage Assessment funds that are managed by a 
non-Federal trustee are considered to be non-Federal, even if these 
monies were once deposited in the Department of the Interior's Natural 
Resource Damage Assessment and Restoration Fund, provided the following 
criteria are met:
    (1) The monies were deposited pursuant to a joint and indivisible 
recovery by the Department of the Interior and non-Federal trustees 
under the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA) or the Oil Pollution Act (OPA);
    (2) The non-Federal trustee has joint and binding control over the 
funds;
    (3) The co-trustees agree that monies from the fund should be 
available to the non-Federal trustee and can be used as a non-Federal 
match to support a project consistent with the settlement agreement, 
CERCLA, and OPA; and
    (4) The monies have been transferred to the non-Federal trustee.



Sec. 84.47  What are allowable costs?

    (a) Allowable grant costs are limited to costs necessary and 
reasonable to achieve approved grant objectives and meet the applicable 
Federal cost principles in 43 CFR 12.62 (b).
    (b) If a project or facility is designed to include purposes other 
than those eligible under the Act, the costs must be prorated among the 
various purposes.

[[Page 358]]

    (c) If you incur costs before the effective date of the grant, they 
cannot be reimbursed, with the exception that we can allow preliminary 
costs, but only with the approval of the appropriate Regional Director. 
Preliminary costs may include costs necessary for preparing the grant 
proposal, such 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. 84.48  What are the procedures for acquiring, maintaining, and 
disposing of real property?

    (a) Acquisition, maintenance, and disposal of real property must 
follow the rules established in 43 CFR 12.71 and 50 CFR 80.14.
    (1) Title to real property acquired under a grant or subgrant must 
be vested in the State or subgrantee, including local governments and 
nonprofit organizations. States must submit documentation (e.g., 
appraisals and appraisal reviews) to the Regional Director who must 
approve it before the State becomes legally obligated for the purchase. 
States will provide title vesting evidence and summary of land costs 
upon completion of the acquisition. The grant agreement and any deed to 
third parties (e.g., conservation easement or other lien on a third-
party property) must include appropriate language to ensure that the 
lands and/or interests would revert back to the State or Federal 
Government if the conditions of the grant were no longer being 
implemented.
    (2) In cases where the interest obtained is less than fee simple 
title, the interest must be sufficient for long-term conservation of the 
specified wetlands resources.
    (3) Real property acquired with National Coastal Wetlands 
Conservation Grant funds must continue to serve the purpose for which it 
was acquired. If acquired property is used for reasons inconsistent with 
the purpose(s) for which acquired, such activities must cease and any 
adverse effects on the property must be corrected by the State or 
subgrantee with non-Federal monies in accordance with 50 CFR 80.14.
    (4) The State or subgrantee may not dispose of or encumber its title 
or other interest in real property without prior approval of the 
appropriate Regional Director of the Service. Real property includes, 
but is not limited to, lands, buildings, minerals, energy resources, 
timber, grazing, and animal products. If real property is sold, the 
State or subgrantee must compensate the Service in accordance with 43 
CFR 12.71(c)(2).
    (5) If rights or interests obtained with the acquisition of coastal 
wetlands generate revenue during the Grant Agreement period, the State 
will treat the revenue as program income and use it to manage the 
acquired properties. If the State sells or leases real property, the 
State must treat the proceeds as program income and return the money to 
the Federal Aid program regardless of the grant period.
    (6) Inconsistent use that is not corrected can be grounds for 
denying a State future grants under this Program.
    (b) A coastal State is responsible for design, supervision, and 
inspection of all major construction projects in accordance with 
accepted engineering standards.
    (1) The coastal State must have adequate rights to lands or waters 
where restoration or enhancement projects are planned to ensure 
protection and use of the facilities or structures throughout their 
useful life.
    (2) The construction, enlargement, or rehabilitation of dams are 
subject to Federal standards for dam design. If requested, the State 
must provide to the Regional Office written certification that any 
proposed changes to a dam meet Federal standards.
    (3) The coastal State must operate and maintain facilities, 
structures, or related assets to ensure their use for the stated project 
purpose and that they are adequately protected.
    (c) Acquisition, property records, maintenance, and disposal of 
equipment must be made in accordance with 43 CFR 12.72.

[[Page 359]]



Sec. 84.49  What if the project costs more or less than originally expected?

    All requests for additional monies for approved coastal wetland 
grants will be subject to the entire review process along with new 
grants. Any monies left over after the project is complete, or if the 
project is not completed, should be returned to the Washington Office 
for use in following years. If a State has lands it wishes to acquire, 
restore, or enhance in close proximity to the original project, and the 
Region deems that spending project monies in these areas would provide 
similar benefits, the Region may use unspent balances to pay for these 
projects with prior approval from the Washington Office. States must 
provide adequate justification and documentation to the Regions that the 
lands acquired, restored, or enhanced are similar to those in the 
original proposal and provide similar benefits to fish and wildlife.



Sec. 84.50  How does a State certify compliance with Federal laws, 
regulations, and policies?

    (a) In accepting Federal money, coastal State representatives must 
agree to and certify compliance with all applicable Federal laws, 
regulations, and policies. The applicant will need to submit a Statement 
of Assurances (either SF 424B or SF 424D) signed and dated by an 
authorized agency representative as part of the proposal.
    (b) Compliance with environmental and other laws, as defined in the 
Service Manual 523 FW Chapter 1,\6\ may require additional 
documentation. Consult with Regional Offices for how this applies to a 
specific project.
---------------------------------------------------------------------------

    \6\ The Fish and Wildlife Service Manual, see footnote 3 for 
availability.
---------------------------------------------------------------------------



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).
    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.

[[Page 360]]

    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 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.

[[Page 361]]

    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 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

[[Page 362]]

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:
    (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

[[Page 363]]

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 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.

[[Page 364]]

    (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.
    (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,

[[Page 365]]

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 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

[[Page 366]]

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. 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

[[Page 367]]

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

    (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.

[[Page 368]]

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.



PART 86--BOATING INFRASTRUCTURE GRANT (BIG) PROGRAM--Table of Contents




         Subpart A--General Information About the Grant Program

Sec.
86.10 What does this regulation do?
86.11 What does the national BIG Program do?
86.12 Definitions of terms used in part 86.
86.13 What is boating infrastructure?
86.14 Who may apply for these grants?
86.15 How does the grant process work?
86.16 What are the information collection requirements?

                Subpart B--Funding State Grant Proposals

86.20 What activities are eligible for funding?
86.21 What activities are ineligible for funding?

                  Subpart C--Public Use of the Facility

86.30 Must I allow the public to use the grant-funded facilities?
86.31 How much money may I charge the public to use tie-up facilities?

                     Subpart D--Funding Availability

86.40 How much money is available for grants?
86.41 How long will the money be available?
86.42 What are the match requirements?
86.43 May someone else supply the match?
86.44 What are my allowable costs?
86.45 When will I receive the funds?

                 Subpart E--How States Apply for Grants

86.50 When must I apply?
86.51 To whom must I apply?
86.52 What information must I include in my grant proposals?
86.53 What are funding tiers?
86.54 How must I submit proposals?
86.55 What are my compliance requirements with Federal laws, 
          regulations, and policies?

[[Page 369]]

      Subpart F--How the Service Selects Projects To Receive Grants

86.60 What are the criteria used to select projects for grants?
86.61 What process does the Service use to select projects for grants?
86.62 What must I do after my project has been selected?
86.63 May I appeal if my project is not selected?

                   Subpart G--How States Manage Grants

86.70 What are my requirements to acquire, install, operate, and 
          maintain real and personal property?
86.71 How will I be reimbursed?
86.72 Do any other Federal requirements apply to this program?
86.73 What if I do not spend all the money?
86.74 What if I need more money?

            Subpart H--Reporting Requirements for the States

86.80 What are my reporting requirements for this grant program?
86.81 When are the reports due?
86.82 What must be in the reports?

    Subpart I--State Use of Signs and Sport Fish Restoration Symbols

86.90 What are my responsibilities for information signs?
86.91 What are my program crediting responsibilities?
86.92 Who can use the SFR logo?
86.93 Where should I use the SFR logo?
86.94 What crediting language should I use?

         Subpart J--Service Completion of the National Framework

86.100 What is the National Framework?
86.101 What is the Service schedule to adopt the National Framework?
86.102 How did the Service design the National Framework?

        Subpart K--How States Will Complete Access Needs Surveys

86.110 What does the State survey do?
86.111 Must I do a survey?
86.112 What are the advantages of doing a survey?
86.113 What if I have recently completed a boat access survey?
86.114 Do I need to conduct a survey if I already have a plan for 
          installing tie-up facilities?
86.115 How should I administer the survey?
86.116 May I change the questions in the survey?
86.117 [Reserved]
86.118 What does this survey instrument include?

       Subpart L--Completing the Comprehensive National Assessment

86.120 What is the Comprehensive National Assessment?
86.121 What does the Comprehensive National Assessment do?
86.122 Who completes the Comprehensive National Assessment?
86.123 Comprehensive National Assessment schedule.
86.124 What are the Comprehensive National Assessment products?

       Subpart M--How States Will Complete the State Program Plans

86.130 What does the State program plan do?
86.131 Must I do a plan?
86.132 What are the advantages to doing a plan?
86.133 What are the plan standards?
86.134 What if I am already carrying out a plan?
86.135 [Reserved]
86.136 What must be in the plan?
86.137 What variables should I consider?

    Authority: 16 U.S.C. 777g, 777g-1.

    Source: 66 FR 5286, Jan. 18, 2001, unless otherwise noted.



         Subpart A--General Information About the Grant Program



Sec. 86.10  What does this regulation do?

    In this part, the terms ``I,'' ``you,'' ``my,'' and ``your'' refer 
to the State agency seeking participation in the national Boating 
Infrastructure Grant (BIG) Program. ``We'' and ``us'' refers to the Fish 
and Wildlife Service. This part establishes your requirements under the 
Sportfishing and Boating Safety Act of 1998 to:
    (a) Participate in the national BIG Program,
    (b) Complete your boat access survey, and
    (c) Develop State plans to install tie-up facilities for transient 
nontrailerable recreational vessels.



Sec. 86.11  What does the national BIG Program do?

    This program provides funds for States to construct, renovate, and 
maintain tie-up facilities with features for transient boaters in 
vessels 26 feet

[[Page 370]]

or more in length, and to produce and distribute information and 
educational materials about the program.



Sec. 86.12  Definitions of terms used in part 86.

    For the purposes of this part, the following terms are defined:
    Construct means engaging in activities that produce new capital 
improvements and increase the value or usefulness of existing property. 
These activities include building new tie-up facilities or replacing or 
expanding existing tie-up facilities.
    Grant means financial assistance the Federal Government awards to an 
eligible applicant.
    Grant agreement means a contractual agreement used to obligate 
Federal Aid funds for carrying out work covered by an approved grant 
proposal.
    Maintain means engaging in activities that allow the facility to 
continue to function, such as repairing docks. These activities exclude 
routine janitorial activities.
    Navigable waters means waters connected to or part of the 
jurisdictional waters of the United States that transient nontrailerable 
recreational vessels currently use or can use.
    Nontrailerable recreational vessels mean motorized boats 26 feet or 
more in length manufactured for and operated primarily for pleasure, 
including vessels leased, rented, or chartered to another person for his 
or her pleasure.
    Project means a specific plan or design.
    Proposal means a description of one or more projects for which a 
State requests grant funds.
    Recreational waters means navigable waters that vessels use for 
recreational purposes.
    Renovate means to rehabilitate or repair a tie-up facility to 
restore it to its original intended purpose, or to expand its purpose to 
allow transient nontrailerable recreational vessels.
    States means individual States within the United States, the 
District of Columbia, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Virgin Islands, and the Commonwealth of the Northern Mariana 
Islands.
    Survey instrument means a tool developed by the Service and approved 
by OMB to assess the need for boating facilities.
    Tie-up facilities mean facilities that transient nontrailerable 
recreational vessels occupy temporarily, not to exceed 10 consecutive 
days; for example, temporary shelter from a storm; a way station en 
route to a destination; a mooring feature for fishing; or a dock to 
visit a recreational, historic, cultural, natural, or scenic site.
    Transient means passing through or by a place, staying 10 days or 
less.
    Water-body means the lake, section of river, or specific area of the 
coast, such as a harbor or cove, where tie-up facilities or boat access 
sites are located.



Sec. 86.13  What is boating infrastructure?

    Boating infrastructure refers to features that provide stopover 
places for transient nontrailerable recreational vessels to tie up. 
These features include, but are not limited to:
    (a) Mooring buoys (permanently anchored floats designed to tie up 
nontrailerable recreational vessels);
    (b) Day-docks (tie-up facilities that do not allow overnight use);
    (c) Navigational aids (e.g., channel markers, buoys, and directional 
information);
    (d) Transient slips (slips that boaters with nontrailerable 
recreational vessels occupy for no more than 10 consecutive days);
    (e) Safe harbors (facilities protected from waves, wind, tides, ice, 
currents, etc., that provide a temporary safe anchorage point or harbor 
of refuge during storms);
    (f) Floating docks and fixed piers;
    (g) Floating and fixed breakwaters;
    (h) Dinghy docks (floating or fixed platforms that boaters with 
nontrailerable recreational vessels use for a temporary tie-up of their 
small boats to reach the shore);
    (i) Restrooms;
    (j) Retaining walls;
    (k) Bulkheads;
    (l) Dockside utilities;
    (m) Pumpout stations;
    (n) Recycling and trash receptacles;
    (o) Dockside electric service;
    (p) Dockside water supplies;
    (q) Dockside pay telephones;
    (r) Debris deflection booms; and
    (s) Marine fueling stations.

[[Page 371]]



Sec. 86.14  Who may apply for these grants?

    You, with authority from your State Government. You must identify 
one key contact only and submit proposals through this person.



Sec. 86.15  How does the grant process work?

    To ensure that grants address the highest national priorities 
identified in the Act, we make funds available on a competitive basis. 
You must submit your proposals by the appropriate date as specified in 
Sec. 86.50. You must address certain questions and criteria (listed in 
Sec. 86.52) to be eligible and competitive. We will conduct a panel 
review of all proposals, and the Service Director will make the final 
grant awards. You may begin work on your project only after you receive 
a fully executed grant agreement.



Sec. 86.16  What are the information collection requirements?

    This part contains both routine information collection and survey 
requirements, as follows:
    (a) The routine information collection requirements for grants 
applications and associated record keeping contained in this part are 
only those necessary to fulfill applicable requirements of 43 CFR part 
12. These requirements include record keeping and reporting 
requirements. See 43 CFR 12.4 for information concerning OMB approval of 
those requirements.
    (b) The revised information collection requirements related to the 
surveys will be submitted to OMB for approval as changed. They will not 
be imposed until we receive OMB approval under the provisions of 44 
U.S.C. 3501 et seq. The surveys are voluntary and are for States to 
determine the adequacy, number, location, and quality of facilities that 
provide public access for all sizes of recreational boats. The public's 
burden estimate for the survey is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                   Average time
                                                                     Number of     required per    Annual burden
                       Type of information                         respondents*      response          hours
                                                                                     (minutes)
----------------------------------------------------------------------------------------------------------------
Boat owners: Part A.............................................          11,200              12           2,240
Boat owners: Part B.............................................          28,000              12           5,600
Boat Service Providers: Part C..................................           8,400              20           2,800
Boat Service Providers: Part D..................................           4,000              20          1,333
----------------------------------------------------------------------------------------------------------------
\*\ These numbers are not additive since some boaters will fill out both Parts A and B, and most of the
  providers will fill out both Parts C and D.

    (c) Send comments regarding this collection of information to the 
Service Information Collection Clearance Officer, MS--222 ARLSQ, Fish 
and Wildlife Service, Washington, DC 20240, and the Office of Management 
and Budget, Department of Interior, Desk Officer, 1849 C Street, NW., 
Washington, DC 20503. 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. OMB has up to 60 days to 
approve or disapprove the information collection but may respond after 
30 days. Therefore, to ensure maximum consideration, you must send your 
comments to OMB by the above referenced date.



                Subpart B--Funding State Grant Proposals



Sec. 86.20  What activities are eligible for funding?

    Your project is eligible for funding if you propose to:
    (a) Construct, renovate, and maintain either publicly or privately 
owned boating infrastructure tie-up facilities. To be eligible you must:
    (1) Build these tie-up facilities on navigable waters, available to 
the public. You must design new construction and renovations to last at 
least 20 years;
    (2) Design these tie-up facilities for temporary use for transient 
nontrailerable recreational vessels;

[[Page 372]]

    (3) Build these tie-up facilities in water deep enough for 
nontrailerable recreational vessels to navigate (a minimum of 6 feet of 
depth at the lowest tide or other measure of lowest fluctuation);
    (4) Provide security, safety, and service for these boats; and,
    (5) Install a pumpout station, if you construct a facility for 
overnight stays:
    (i) If there is already a pumpout within a reasonable distance 
(generally within 2 miles) of the facility, you may not need one;
    (ii) For facilities intended as day stops, we encourage you to 
install a pumpout; and,
    (iii) You may use funds from the BIG program, or the Clean Vessel 
Act pumpout grant program also administered by us, to pay for a pumpout 
station.
    (b) Do one-time dredging only, to give transient vessels safe 
channel depths between the tie-up facility and maintained channels or 
open water.
    (c) Install navigational aids, limited to giving transient vessels 
safe passage between the tie-up facility and maintained channels or open 
water.
    (d) Apply funds to grant administration.
    (e) Fund preliminary costs:
    (1) Preliminary costs may include any of the following activities 
completed before signing a grant agreement:
    (i) Conducting appraisals;
    (ii) Administering environmental reviews and permitting;
    (iii) Conducting technical feasibility studies, for example, studies 
about environmental, economic, and construction engineering concerns;
    (iv) Carrying out site surveys and engaging in site planning;
    (v) Preparing cost estimates; and
    (vi) Preparing working drawings, construction plans, and 
specifications.
    (2) We will fund preliminary costs only if we approve the project.
    (3) If the project is approved, the appropriate Service Regional 
Director must still approve preliminary costs.
    (f) Produce information and education materials such as charts, 
cruising guides, and brochures.



Sec. 86.21  What activities are ineligible for funding?

    Your project is ineligible for funding if you propose to:
    (a) Complete a project that does not provide public benefits, for 
instance, a project that is not open to the public for use;
    (b) Involve law enforcement activities;
    (c) Significantly degrade or destroy valuable natural resources or 
alter the cultural or historic nature of the area;
    (d) Construct or renovate principal structures not expected to last 
at least 20 years;
    (e) Do maintenance dredging;
    (f) Fund operations or routine, custodial, and janitorial 
maintenance of the facility;
    (g) Construct, renovate, or maintain boating infrastructure tie-up 
facilities for nontrailerable vessels, for example the following:
    (1) Tie-up slips available for occupancy for more than 10 
consecutive days by a single party;
    (2) Dryland storage;
    (3) Haul-out features; and
    (4) Boating features for trailerable or ``car-top'' boats (boats 
less than 26 feet in length), such as launch ramps and carry-down 
walkways.
    (h) Develop a State program plan to construct, renovate, and 
maintain boating infrastructure tie-up facilities; and
    (i) Conduct surveys to determine boating access needs.
    (1) You may conduct the survey with funds allocated to motorboat 
access to recreational waters under subsection (b)(1) of section 8 of 
the Federal Aid in Sport Fish Restoration Act of 1950, as amended (16 
U.S.C. 777).
    (2) You may combine surveys under one contractor where feasible if 
you can realize a cost or other savings.



                  Subpart C--Public Use of the Facility



Sec. 86.30  Must I allow the public to use the grant-funded facilities?

    (a) You must allow reasonable access to all recreational vessels for 
the useful life of the tie-up facilities. Accessible to the public means 
located where

[[Page 373]]

the public can reasonably reach the facility and where all boats typical 
to that facility can easily use it, charging equitable fees, and being 
open for reasonable periods. You must allow public access to the shore 
and basic features such as fuel and restrooms in facilities that have 
them. You must specify precise details of the public access in the 
contract with the facility manager. We do not require public access to 
the remainder of a park or marina where the facility is found. Nor do we 
require any restrictions in that park or marina.
    (b) You must comply with Americans with Disabilities Act 
requirements when you construct or renovate all tie-up facilities under 
this grant.



Sec. 86.31  How much money may I charge the public to use tie-up facilities?

    You may charge the public only a reasonable fee, based on the 
prevailing rate in the area. You must determine a fee that does not pose 
an unreasonable, competitive amount, based on other publicly and 
privately owned tie-up facilities in the area. You must approve any 
proposed changes in fee structure by a sub-grantee.



                     Subpart D--Funding Availability



Sec. 86.40  How much money is available for grants?

    There is $32 million available for grants under the BIG program ($8 
million per year for fiscal years 2000-2003).



Sec. 86.41  How long will the money be available?

    Under the Act, funding for the BIG program is provided for FY 2000-
2003. Each year's funds remain available for obligation for a total of 
three fiscal years (e.g. FY 2000 funds will remain available through FY 
2002) (16 U.S.C. 777c(b)(3)(B)).



Sec. 86.42  What are the match requirements?

    The Act authorizes the Secretary of the Interior (through the 
Director of the U.S. Fish and Wildlife Service (Service)) to award 
grants to States to pay up to 75 percent of the cost to construct, 
renovate, or maintain tie-up facilities for transient nontrailerable 
recreational vessels. You or a partner must pay the remaining project 
cost--at least a 25 percent match is required. Title 43 CFR 12.64 
applies to cost sharing or matching requirements for Federal grants.



Sec. 86.43  May someone else supply the match?

    Third-party contribution, including property and in-kind services, 
is allowable, but must be necessary and reasonable to accomplish grant 
objectives. In-kind contributions must also represent the current market 
value of noncash contributions that the third party furnishes as part of 
the grant.



Sec. 86.44  What are my allowable costs?

    (a) The State may spend grant funds to pay only costs that are 
necessary and reasonable to accomplish the approved grant objectives. 
Grant costs must meet the applicable Federal cost principles in 43 CFR 
12.62. You may purchase informational and program signs as allowable 
costs.
    (b) If you include purposes other than those eligible under the Act, 
you must prorate the costs equitably according to Federal cost 
principles in 43 CFR 12.62 and 50 CFR 80.15.



Sec. 86.45  When will I receive the funds?

    Once you sign the grant agreement, we will make the funds available.



                 Subpart E--How States Apply for Grants



Sec. 86.50  When must I apply?

    (a) We will accept proposals between February 20, 2001, and May 18, 
2001, for the first grant cycle; between July 1, 2001, and September 30, 
2001, for the second grant cycle; and between July 1, 2002, and 
September 30, 2002, for the third grant cycle. This program starts 
fiscal year 2000 and ends fiscal year 2003. We will have $16 million to 
award the first grant cycle, and $8 million each cycle after that.
    (b) The annual schedule follows:

[[Page 374]]



----------------------------------------------------------------------------------------------------------------
                Action                       FY 2000-2001               FY 2002                  FY 2003
----------------------------------------------------------------------------------------------------------------
We announce the beginning of the       February 20, 2001......  July 1, 2001...........  July 1, 2002.
 grant cycle.
You submit your grant proposal by....  May 18, 2001...........  September 30, 2001.....  September 30, 2002.
Regions submit the proposals to        June 18, 2001..........  October 31, 2001.......  October 31, 2002.
 Washington by.
We rank the proposals by.............  July 17, 2001..........  November 30, 2001......  November 30, 2002.
The Director approves proposals by...  August 16, 2001........  December 31, 2001......  December 31, 2002.
Regions finalize their grant           October 15, 2001.......  February 28, 2002......  February 28, 2003.
 agreements by.
----------------------------------------------------------------------------------------------------------------



Sec. 86.51   To whom must I apply?

    You must submit your proposals to the appropriate regional office of 
the U.S. Fish and Wildlife Service. See the chart below for the address 
you will need.

----------------------------------------------------------------------------------------------------------------
        Region                State               Address                           Telephone
----------------------------------------------------------------------------------------------------------------
1....................  California, Hawaii,  Division of Federal  503-231-6128, Fax: 503-231-6996
                        Idaho, Nevada,       Aid, U.S. Fish &
                        Oregon,              Wildlife Service,
                        Washington,          Eastside Federal
                        American Samoa,      Complex, 911 NE
                        Commonwealth of      11th Avenue,
                        the Northern         Portland, OR 97232-
                        Mariana Islands,     4181.
                        and Guam.
2....................  Arizona, New         Division of Federal  505-248-7450, Fax: 505-248-7471
                        Mexico, Oklahoma,    Aid, U.S. Fish &
                        and Texas.           Wildlife Service,
                                             P.O. Box 1306, 625
                                             Silver, SW, Suite
                                             325, Albuquerque,
                                             NM 87102.
3....................  Illinois, Indiana,   Division of Federal  612-713-5130, Fax: 612-713-5290
                        Iowa, Michigan,      Aid, U.S. Fish &
                        Minnesota,           Wildlife Service,
                        Missouri, Ohio,      Bishop Henry
                        and Wisconsin.       Whipple Federal
                                             Building, 1
                                             Federal Drive,
                                             Fort Snelling, MN
                                             55111-4056.
4....................  Alabama, Arkansas,   Division of Federal  404-679-4159, Fax: 404-679-4160
                        Florida, Georgia,    Aid, U.S. Fish &
                        Kentucky,            Wildlife Service,
                        Louisiana,           1875 Century
                        Mississippi, North   Boulevard, Suite
                        Carolina, South      324, Atlanta,
                        Carolina,            Georgia 30345.
                        Tennessee, Puerto
                        Rico, and the
                        Virgin Islands.
5....................  Connecticut,         Division of Federal  413-253-8200, Fax: 413-253-8487
                        Delaware, District   Aid, U.S. Fish &
                        of Columbia,         Wildlife Service,
                        Maine, Maryland,     300 Westgate
                        Massachusetts, New   Center Drive,
                        Hampshire, New       Hadley, MA 01035-
                        Jersey, New York,    9589.
                        Pennsylvania,
                        Rhode Island,
                        Vermont, Virginia,
                        and West Virginia.
6....................  Colorado, Kansas,    Division of Federal  303-236-7392, Fax: 303-236-8192
                        Montana, Nebraska,   Aid, U.S. Fish &
                        North Dakota,        Wildlife Service,
                        South Dakota,        Denver Federal
                        Utah, and Wyoming.   Center, P.O. Box
                                             25486, Lake Plaza
                                             North Building,
                                             134 Union
                                             Boulevard, 4th
                                             Floor, Denver,
                                             Colorado 80225.
7....................  Alaska.............  Division of Federal  907-786-3435, Fax: 907-786-3575
                                             Aid, U.S. Fish &
                                             Wildlife Service,
                                             1011 East Tudor
                                             Road, Anchorage,
                                             Alaska 99503.
----------------------------------------------------------------------------------------------------------------


[[Page 375]]



Sec. 86.52  What information must I include in my grant proposals?

    You must submit the following standard forms and narrative for all 
projects (Tier One and Tier Two) (see Sec. 86.53):
    (a) Standard Form 424 series as prescribed by the Office of 
Management and Budget. The SF 424 series consists of the Applications 
for Federal Assistance (SF 424), Budget Information--Non-Construction 
Programs (SF 424A), Assurances--Non-Construction Programs (SF 424B), 
Budget Information--Construction Programs (SF 424C), and Assurances--
Construction Programs (SF 424D). Submit forms appropriate for either 
construction or nonconstruction projects. Forms are available from your 
appropriate Service Regional Office.
    (b) Information requested under OMB Circular A-102 (Application 
Booklet for Federal Aid Grants--pending approval under the Paperwork 
Reduction Act).



Sec. 86.53  What are funding tiers?

    (a) This grant program will consist of two tiers of funding.
    (i) You may apply for one or both tiers.
    (ii) The two tiers will allow all States some certainty of base 
level funding.
    (b) Tier One funding will ensure broad geographical distribution to 
meet the needs of transient nontrailerable recreational vessels.
    (c) Tier Two funding will allow States with large projects to 
compete with other States with large projects based on individual 
project merits.
    (d) We describe the two tiers as follows:
    (1) Tier One Projects. (i) You may submit a proposal with an 
unlimited number of projects within this tier. However, your total 
request cannot exceed $100,000 of Federal funds for any given fiscal 
year.
    (ii) Tier One projects must meet the eligibility requirements in 
Sec.Sec. 86.14 and 86.20.
    (2) Tier Two Projects. (i) While we expect available funds for Tier 
Two proposals to be between $3 million and $4 million per grant cycle, 
we have no dollar limit for Tier Two proposals. You may submit any 
number of projects, which we will score and rank separately according to 
the criteria in Sec. 86.60.
    (ii) Each project will compete nationally against every other 
project in Tier Two.
    (iii) Tier Two projects must also meet the eligibility requirements 
in Sec.Sec. 86.14 and 86.20.



Sec. 86.54  How must I submit proposals?

    (a) You may apply for either Tier One funding or Tier Two funding or 
both.
    (b) You may submit more than one project proposal within Tier One 
and Tier Two.
    (c) You may submit one proposal that includes Tier One and Tier Two 
projects.
    (d) If your proposal includes Tier One and Tier Two projects, you 
must describe Tier One projects separately from Tier Two projects.
    (e) You must describe each project in Tier Two separately, so that 
the Service can rank and score each project in Tier Two separately.
    (f) For the first grant cycle, which includes fiscal years 2000 and 
2001, a State may submit one Tier One proposal not to exceed $100,000 
per fiscal year. States should submit proposals between February 20, 
2001, and May 18, 2001. We will fund one Tier One proposal per State for 
each fiscal year provided that each proposal meets the eligibility 
requirements in Sec.Sec. 86.14 and 86.20. Fiscal year 2000 funds are 
available only for Tier One proposals. Tier One proposals need not meet 
the criteria in Sec. 86.60. We will fund Tier Two proposals received 
between February 20, 2001, and May 18, 2001, that meet the criteria in 
Sec.Sec. 86.14, 86.20, and 86.60 with fiscal year 2001 funds and the 
remainder of fiscal year 2000 funds.
    (g) For the remaining grant cycles, you may submit only one proposal 
of Tier One projects per fiscal year.
    (h) When we approve projects, the appropriate Service Regional 
Office will determine how many grant agreements are necessary.



Sec. 86.55  What are my compliance requirements with Federal laws, 
regulations, and policies?

    (a) To receive Federal funds, you must agree to and certify 
compliance

[[Page 376]]

with all applicable Federal laws, regulations, and policies. You must 
submit an Assurance Statement, as described in 43 CFR part 12.51(c), 
that describes how you comply with Federal grant requirements; and
    (b) You may have to provide additional documentation to comply with 
environmental and other laws, as defined in Fish and Wildlife Service 
Manual 523 FW 1 (available on the internet at http://www.fws.gov/
directives/523fw1.html). The Service Regional Office Grant Administrator 
may request preliminary evidence at the grant proposal stage that the 
proposed project will meet these compliance requirements. Consult with 
the appropriate Service Regional Office for specific applicability.



      Subpart F--How the Service Selects Projects To Receive Grants



Sec. 86.60  What are the criteria used to select projects for grants?

    (a) We will rank all Tier Two proposals according to the criteria in 
paragraph (b) of this section and the attached chart, which sets forth 
points we will ascribe for various factors.
    (b) We will consider proposals that:

(1) Plan to construct, renovate, and maintain    15 points.
 tie-up facilities for transient nontrailerable
 recreational vessels following priorities
 identified in your State's program plan (see
 Subpart M for State program plan information)
 that the Secretary of the Interior has
 approved under section 7404(c) of the
 Sportfishing and Boating Safety Act.
(2) Provide for public/private and public/
 public partnership efforts to develop,
 renovate, and maintain tie-up facilities.
 These partners must be other than the Service
 and lead State agency:
    (i) One partner............................  5 points.
    (ii) Two partners..........................  10 points.
    (iii) Three or more partners...............  15 points.
(3) Use innovative techniques to increase the    0-15 points.
 availability of tie-up facilities for
 transient nontrailerable recreational vessels
 (includes education/information).
(4) Include private, local, or other State
 funds in addition to the non-Federal match,
 described in Sec. 86.42:
    (i) Twenty-six percent to thirty-five        5 points.
     percent.
    (ii) Between thirty-six and forty-nine       10 points.
     percent.
    (iii) Fifty percent and above..............  15 points.
(5) Are cost efficient. Proposals are cost       0-10 points.
 efficient when the tie-up facility or access
 site's features add a high value compared with
 the funds from the proposal, for example,
 where you construct a small feature such as a
 transient mooring dock within an existing
 harbor that adds high value and opportunity to
 existing features (restrooms, utilities,
 etc.). A proposal that requires installing all
 of the above features would add less value for
 the cost.
(6) Provide a significant link to prominent      10 points.
 destination way points such as those near
 metropolitan population centers, cultural or
 natural areas, or that provide safe harbors
 from storms.
(7) Provide access to recreational, historic,
 cultural, natural, or scenic opportunities of
 national, regional, or local significance.
 Projects that provide access to opportunities
 of national, regional, or local significance
 receive 5 points for each, for a maximum of 15
 points
(8) Provide significant positive economic        1-5 points.
 impacts to a community. For example, a project
 that costs $100,000 and attracts a number of
 boaters who altogether spend $1 million a year
 in the community.
(9) Include multi-State efforts that result in   5 points.
 coordinating location of tie-up facilities.
(10) Total possible points.....................  105 points.
------------------------------------------------------------------------


[[Page 377]]


------------------------------------------------------------------------
                         Criteria                              Points
------------------------------------------------------------------------
(1) Construct Tie-up Facilities...........................         15
(2) Provide Partnership Efforts...........................          5-15
(3) Use Innovative Techniques.............................          0-15
(4) Include Other Funding Sources.........................          5-15
(5) Are Cost Efficient....................................          0-10
(6) Provide Way Point Linkage.............................         10
(7) Provide Access To Opportunities.......................          5-15
(8) Provide Significant Economic Impacts..................          1-5
(9) Include Multi-State Efforts...........................          5
(10) Total Possible Points................................        105
------------------------------------------------------------------------



Sec. 86.61  What process does the Service use to select projects for grants?

    The Service's Division of Federal Aid convenes a panel of 
professional staff to review, rank, and recommend funding to the Service 
Director. This panel will include representatives from the Service's 
Washington, DC, and Regional Offices. The Director may convene an 
advisory panel of nongovernmental organizations to advise and make 
recommendations to the Federal panel. The Service Director will select 
projects for grants by August 16, 2001, August 10, 2001, and August 10, 
2002, for the three grant cycles.



Sec. 86.62  What must I do after my project has been selected?

    After we approve your award, we will notify you to work with the 
appropriate Service Regional Office to fulfill the grant documentation 
requirements and finalize the grant agreement.



Sec. 86.63  May I appeal if my project is not selected?

    If you have a difference of opinion over the eligibility of proposed 
activities or differences arising over the conduct of work, you may 
appeal to the Director. Final determination rests with the Secretary of 
the Interior (50 CFR 80.7).



                   Subpart G--How States Manage Grants



Sec. 86.70  What are my requirements to acquire, install, operate, and 
maintain real and personal property?

    (a) You will find applicable regulations for this subject in 43 CFR 
12.71 and 12.72. If you have questions about applicability, contact the 
appropriate Service Regional Office.
    (b) You must ensure that the design and installation of tie-up 
facilities provide for substantial structures that will have a 
significant longevity, at least 20 years.
    (c) You must ensure that you operate, maintain, and use the tie-up 
facilities and features for the stated grant purpose. You must obtain 
prior written approval from the appropriate Service Regional Director 
before you can convert these tie-up facilities to other uses.



Sec. 86.71  How will I be reimbursed?

    For details on how we will pay you, refer to 43 CFR 12.61.



Sec. 86.72  Do any other Federal requirements apply to this program?

    For administrative requirements not covered under these specific 
guidelines, check 43 CFR 12, which generally applies to all Federal 
grant programs.



Sec. 86.73  What if I do not spend all the money?

    Funds not obligated or expended after 3 fiscal years from the date 
of the award revert to the Secretary of Transportation for use in State 
recreational boating safety programs. (16 U.S.C. 777c(b)(3)(B), 16 
U.S.C. 777c(b)(4))



Sec. 86.74  What if I need more money?

    Funds for grants are available only on a competitive basis. 
Therefore, if you need more money, you must compete in the next grant 
cycle.



            Subpart H--Reporting Requirements for the States



Sec. 86.80  What are my reporting requirements for this grant program?

    (a) For all projects, you must submit to the appropriate Service 
Regional Office an annual report and a final performance report and 
otherwise comply with 43 CFR 12.80.
    (b) For Tier Two projects, you must submit quarterly reports 
according to 43 CFR 12.80.



Sec. 86.81  When are the reports due?

    Reports are due as follows:
    (a) Annual reports are due 90 days after the grant year ends;
    (b) The final performance report is due 90 days after the expiration 
or termination of grant support;

[[Page 378]]

    (c) Tier Two quarterly reports are due January 31, April 30, July 
31, and October 31 unless specified otherwise in the grant agreement; 
and
    (d) The State must report certified percentage of completion data 
and other significant developments in accordance with the grant 
agreement or 43 CFR 12.80.



Sec. 86.82  What must be in the reports?

    The reports must include the following:
    (a) You must identify the actual accomplishments compared to the 
objectives established for the period;
    (b) You must identify the reasons for any slippage if established 
objectives were not met; and
    (c) You must identify any additional pertinent information 
including, when appropriate, analysis and explanation of cost overruns 
or high unit costs.



    Subpart I--State Use of Signs and Sport Fish Restoration Symbols



Sec. 86.90  What are my responsibilities for information signs?

    You should install appropriate information signs at boating 
infrastructure tie-up facilities. You should ensure that this 
information is clearly visible, directing boaters to the facility. 
Information should show fees, restrictions, hours of operation, a 
contact name, and telephone number to report an inoperable facility.



Sec. 86.91  What are my program crediting responsibilities?

    You should give public credit to the Federal Aid in Sport Fish 
Restoration (SFR) program as the source of funding for the BIG Program. 
You should recognize this program by using the SFR logo. You are 
encouraged to use the crediting logo identified in Sec. 80.26 of this 
chapter to identify national BIG Program projects.



Sec. 86.92  Who can use the SFR logo?

    The States may use the SFR logo and should encourage others to 
display it. Other people or organizations may use the logo for purposes 
related to the national BIG Program as authorized in Sec. 80.26 of this 
chapter.



Sec. 86.93  Where should I use the SFR logo?

    You should display the logo on tie-up facilities that you construct, 
acquire, develop, or maintain under these grants. You should also use 
the logo on printed material or other visual representations that relate 
to project accomplishments or education/information. Refer to Sec. 85.47 
of this chapter for logo colors.



Sec. 86.94  What crediting language should I use?

    Suggested examples of language to use when crediting the national 
BIG Program follow:
    (a) Example 1: The Federal Aid in Sport Fish Restoration Program 
funded this facility thanks to your purchase of fishing equipment and 
motorboat fuels.
    (b) Example 2: The Federal Aid in Sport Fish Restoration Program is 
funding this construction thanks to your purchase of fishing equipment 
and motorboat fuels. And,
    (c) Example 3: The Federal Aid in Sport Fish Restoration Program 
funded this (pamphlet) thanks to your purchase of fishing equipment and 
motorboat fuels.



         Subpart J--Service Completion of the National Framework



Sec. 86.100  What is the National Framework?

    The National Framework is the survey, required by the Act, you must 
use to determine boating access needs in your State. Through a State 
survey, you must conduct a boating access needs assessment or data 
collection to determine the adequacy, number, location, and quality of 
tie-up facilities and boat access sites providing access to recreational 
waters for all sizes of recreational boats.



Sec. 86.101  What is the Service schedule to adopt the National Framework?

    The Secretary of the Interior adopted the National Framework on 
September 28, 2000 via a notice in the Federal Register (Volume 65, 
Number 189, Page 58284).

[[Page 379]]



Sec. 86.102  How did the Service design the National Framework?

    The Framework divides the survey into two components: boater survey, 
and boat access provider survey.
    (a) The purpose of the boater survey component is to identify boat 
user preferences and concerns for existing and needed access available 
to the public.
    (1) The nontrailerable boat data set will fulfill informational 
needs for you to develop your State program plans as called for in the 
Act.
    (2) The boater survey will survey registered boat owners in your 
State for two types of boats:
    (i) Part A--for nontrailerable recreational vessels.
    (ii) Part B--for trailerable and ``car-top'' boats (less than 26 
feet long).
    (b) The purpose of the boat access provider component is to identify 
boat access providers' ideas about current and needed facility and site 
locations and perceptions of boat user preferences and concerns 
regarding access. We developed these questions to guide interviews of 
boat access facility and site managers.
    (1) The nontrailerable boat data set will fulfill the informational 
needs for you to develop your State plans as called for in the Act.
    (2) The boat access provider survey will survey facility providers 
in your State for two types of boats:
    (i) Part C--a survey to all providers in your State who allow public 
access, including State agency and non-State entities (Federal and local 
government entities, corporate and private/commercial providers), and 
operate tie-up facilities for nontrailerable recreational vessels.
    (ii) Part D--a survey to all providers in your State who allow 
public access and operate boat access sites for boats less than 26 feet 
long.



        Subpart K--How States Will Complete Access Needs Surveys



Sec. 86.110  What does the State survey do?

    The State survey determines the status of boating access facilities 
for all recreational boats in your State and your future boater access 
needs.



Sec. 86.111  Must I do a survey?

    The Act does not require surveys. They are voluntary. However, if 
you do a survey, you must complete it following the National Framework 
to receive funds. You must transmit the results to the Service Regional 
Offices in a common electronic format, such as Microsoft Word, Word 
Perfect, Excel or Quattro Pro.



Sec. 86.112  What are the advantages of doing a survey?

    Surveys provide the information necessary to fully understand the 
needs of boaters in your State. Surveys allow you to develop a 
meaningful plan to provide better access to boaters. Use surveys to 
complete the plan.



Sec. 86.113  What if I have recently completed a boat access survey?

    If the recent survey substantially answers the provisions in Sec. 
86.118, the appropriate Service Regional Office will determine if it is 
sufficient to meet the needs of the program. If the Regional Office 
determines that the survey is not sufficient, you must complete that 
portion(s) or an entire new survey to receive credit for completing a 
recent survey.



Sec. 86.114  Do I need to conduct a survey if I already have a plan for 
installing tie-up facilities?

    You need not conduct the survey if the appropriate Secretary of the 
Interior certifies that you have developed and are carrying out a State 
program plan, as described in Subpart M of this chapter, that ensures 
that public boat access exists and is adequate to meet the needs of 
recreational boaters on your waters.



Sec. 86.115  How should I administer the survey?

    Use a consultant or university specializing in administration of 
such surveys. Use sample sizes large enough to achieve statistical 
accuracy so the estimate is within plus or minus 10 percent of the true 
number.
    (a) You may use a telephone, mail, or other type of survey for a 
sample population of boaters within the State. Costs for telephone and 
mail surveys are roughly similar. However, response

[[Page 380]]

rates for mail surveys are generally lower.
    (b) For boat access providers, we prefer that you survey all State 
agency and non-State providers, but you may survey a sample population.
    (c) You may develop your own methodology to collect data, which may 
include telephone, mail, fax, or other inventory means. We do not expect 
you to use automated, electronic, mechanical, or similar means of 
information collection.
    (d) Data collected are unique to each respondent. Data collection 
should use standard survey method criteria to gather information from 
each respondent.



Sec. 86.116  May I change the questions in the survey?

    You must not change the questions because we need information that 
is comparable nationwide. We have developed a survey instrument for 
completing the surveys. We are seeking approval from OMB on the survey 
questions and the OMB approval does not extend to additional questions.



Sec. 86.117  [Reserved]



Sec. 86.118  What does this survey instrument include?

    (a) We divided this survey into four parts. Part A being for 
transient nontrailerable boat owners. Part B is for trailerable or 
``car-top'' boat owners. Part C is for State agency and non-State 
providers of facilities for nontrailerable recreational vessels in the 
State. Part D is for State and non-State providers of access sites for 
trailerable or ``car-top'' boats.
    (b) Follow these instructions to complete Part A--BOAT OWNER SURVEY 
FOR TIE-UP FACILITIES FOR NONTRAILERABLE RECREATIONAL VESSELS:
    (1) If the boater owns a nontrailerable recreational vessel, ask the 
boater to fill out Part A;
    (2) If the boater owns more than one boat 26 feet or more in length, 
ask the boater to provide information for the boat he or she uses most 
often;
    (3) If the boater owns at least one boat more than and at least one 
boat less than 26 feet in length, ask the boater to fill out both Parts 
A and B; and,
    (4) You should use a sample size large enough to achieve statistical 
accuracy so the estimate is within 10 percent of the true number.
    (c) Follow these instructions to complete Part B--BOAT OWNER SURVEY 
FOR TRAILERABLE OR ``CAR-TOP'' BOAT ACCESS SITES:
    (1) If the boater owns a boat less than 26 feet long, ask the boater 
to fill out Part B;
    (2) If the boater owns more than one boat less than 26 feet long, 
ask the boater to provide information for the boat he or she uses most;
    (3) If the boater owns at least one boat more than and at least one 
boat less than 26 feet in length, ask the boater to complete both Parts 
A and B; and,
    (4) You should use a sample size large enough to achieve statistical 
accuracy so the estimate is within 10 percent of the true number.
    (d) Parts C and D are surveys for providers of tie-up facilities and 
boat access sites. Part C is for State agency and non-State providers of 
facilities for nontrailerable recreational vessels in the State. Part D 
is for State and non-State providers of boat access sites for boats less 
than 26 feet in length.
    (e) Follow these instructions to complete Part C--STATE AGENCY AND 
NON-STATE PROVIDER SURVEY FOR TIE-UP FACILITIES:
    (1) Ask State agency and non-State providers of tie-up facilities 
for nontrailerable recreational vessels to fill out Part C.
    (2) If more than one State agency manages these facilities, send 
this survey to all of those agencies.
    (3) If the State agency or non-State provider awards grants to 
others who provide facilities, ask these grantees to respond for these 
facilities instead of the State agency or non-State provider.
    (4) If a State agency or non-State provider operates facilities and 
sites for both nontrailerable and trailerable boats, ask the provider to 
fill out both Parts C and D.
    (5) Ask State agency and non-State providers to identify all tie-up 
facilities.

[[Page 381]]

    (6) For all questions, if you need additional space, make copies of 
the appropriate page.
    (f) Follow these instructions to complete Part D--STATE AGENCY AND 
NON-STATE PROVIDER SURVEY FOR TRAILERABLE BOAT ACCESS SITES:
    (1) Ask State agency and non-State providers of access sites for 
boats less than 26 feet long to fill out Part D.
    (2) Non-State providers include the Federal Government, local 
government, corporations, private owners, and others.
    (3) If more than one State agency manages these sites, send this 
survey to all of them.
    (4) If the State agency or non-State provider awards grants to 
others who provide sites, ask these grantees to respond for these sites 
instead of the State agency or non-State provider.
    (5) If a State agency or non-State provider operates facilities and 
sites for both nontrailerable and trailerable boats, ask the provider to 
fill out both Parts C and D.
    (6) We prefer that the State agency or non-State provider identify 
all boat access sites and water-bodies, but if he or she has many sites 
and water-bodies, the provider may group the information together rather 
than identify each site individually.
    (7) For all questions, if you need additional space, make copies of 
the appropriate page.



       Subpart L--Completing the Comprehensive National Assessment



Sec. 86.120  What is the Comprehensive National Assessment?

    The Comprehensive National Assessment is a national report 
integrating the results of State boat access needs and facility surveys.



Sec. 86.121  What does the Comprehensive National Assessment do?

    The Comprehensive National Assessment determines nationwide the 
adequacy, number, location, and quality of public tie-up facilities and 
boat access sites for all sizes of recreational boats.



Sec. 86.122  Who completes the Comprehensive National Assessment?

    The Service completes the Assessment. We will develop standards in 
consultation with the States.



Sec. 86.123  Comprehensive National Assessment schedule.

    Using the results from the State surveys, the Service will compile 
the results and produce the Comprehensive National Assessment by 
September 30, 2003.



Sec. 86.124  What are the Comprehensive National Assessment products?

    The Comprehensive National Assessment products are:
    (a) A single report, including the following information:
    (1) A national summary of all the information gathered in the State 
surveys.
    (2) A table of States showing the results of the information 
gathered.
    (3) One-page individual State summaries of the information.
    (4) Appendices that include the survey questions, and names, 
addresses, and telephone numbers of State contacts.
    (5) An introduction, background, methodology, results, and findings.
    (6) Information on the following:
    (i) Boater trends, such as what types of boats they own, where they 
boat, and how often they boat.
    (ii) Boater needs, such as where facilities and sites are now found, 
where boaters need new facilities and boat access sites, and what 
changes of features boaters need at these facilities and sites. And
    (iii) Condition of facilities.
    (b) Summary report abstracting important information from the final 
national report. And
    (c) A key findings fact sheet suitable for widespread distribution.



       Subpart M--How States Will Complete the State Program Plans



Sec. 86.130  What does the State program plan do?

    The State program plan identifies the construction, renovation, and 
maintenance of tie-up facilities needed

[[Page 382]]

to meet nontrailerable recreational vessel user needs in the State.



Sec. 86.131  Must I do a plan?

    The Act does not require plans. Plans are voluntary. However, if you 
do a plan, you must complete it following these regulations.



Sec. 86.132  What are the advantages to doing a plan?

    Plans provide the information necessary to fully understand the 
needs of boaters operating nontrailerable recreational vessels in your 
State. The plan will make you more competitive when you submit grants 
under this program. We will give you 15 points for having an approved 
plan.



Sec. 86.133  What are the plan standards?

    You must base State program plans on a recent, completed survey 
following the National Framework.



Sec. 86.134  What if I am already carrying out a plan?

    You need not develop a program plan if we certify that you have 
developed and are carrying out a plan that ensures public boat access is 
and will be adequate to meet the needs of recreational boaters on your 
waters.



Sec. 86.135  [Reserved]



Sec. 86.136  What must be in the plan?

    The plan must:
    (a) Identify current boat use and patterns of use.
    (b) Identify current tie-up facilities and features open to the 
public and their condition.
    (c) Identify boat access user needs and preferences and their 
desired locations. Include repair, replacement, and expansion needs and 
new tie-up facilities and features needed.
    (d) Identify factors that inhibit boating in specific areas, such as 
lack of facilities, or conditions attached that inhibit full use of 
facilities. Identify strategies to overcome these problems.
    (e) Include information about the longevity of current tie-up 
facilities.



Sec. 86.137  What variables should I consider?

    You should consider the following variables:
    (a) Location of population centers,
    (b) Boat-based recreation demand,
    (c) Cost of development,
    (d) Local support and commitment to maintenance,
    (e) Water-body size,
    (f) Nature of the fishery and other resources,
    (g) Geographic distribution of existing tie-up facilities,
    (h) How to balance the need for new tie-up facilities with the cost 
to maintain and improve existing facilities.

[[Page 383]]



                 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 384]]



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 385]]

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 386]]

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 387]]

    (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 388]]

    (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 389]]

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]



PART 92--MIGRATORY BIRD SUBSISTENCE HARVEST IN ALASKA--Table of Contents




                      Subpart A--General Provisions

Sec.
92.1 Purpose of regulations.
92.2 Authority.
92.3 Applicability and scope.
92.4 Definitions.
92.5 Who is eligible to participate?
92.6 Use and possession of migratory birds.
92.7-92.9 [Reserved]

                      Subpart B--Program Structure

92.10 Alaska Migratory Bird Co-management Council.
92.11 Regional management areas.
92.12 Relationship to the process for developing national hunting 
          regulations for migratory game birds.
92.13-92.19 [Reserved]

      Subpart C--General Regulations Governing Subsistence Harvest

92.20 Methods and means.
92.21 Emergency closures.
92.22--92.29 [Reserved]

       Subpart D--Annual Regulations Governing Subsistence Harvest

92.30 General overview of regulations.
92.31-92.39 [Reserved]

    Authority: 16 U.S.C. 703-712.

    Source: 67 FR 53517, Aug. 16, 2002, unless otherwise noted.



                      Subpart A--General Provisions



Sec. 92.1  Purpose of regulations.

    The regulations in this part implement the Alaska migratory bird 
subsistence program as provided for in Article II(4)(b) of the 1916 
Convention for the Protection of Migratory Birds in Canada and the 
United States (the ``Canada Treaty''), as amended.

[[Page 390]]



Sec. 92.2  Authority.

    The Secretary of the Interior issues the regulations in this part 
under the authority granted to the Secretary by the Migratory Bird 
Treaty Act (MBTA), 16 U.S.C. 703-712.



Sec. 92.3  Applicability and scope.

    (a) In general. The regulations in this part apply to all eligible 
persons harvesting migratory birds and their eggs for subsistence 
purposes in Alaska between the dates of March 10 and September 1. The 
provisions in this part do not replace or alter the regulations set 
forth in part 20 of this chapter, which relate to the hunting of 
migratory game birds and crows during the regular open season from 
September 1 through March 10. The provisions set forth in this part 
implement the exception to the closed season, which authorizes the 
taking of migratory birds in Alaska for subsistence purposes between 
March 10 and September 1.
    (b) Land ownership. This part does not alter the legal authorities 
of Federal and State land managing agencies or the legal rights of 
private land owners to close their respective lands to the taking of 
migratory birds.
    (c) Federal public lands. The provisions of this part are in 
addition to, and do not supersede, any other provision of law or 
regulation pertaining to national wildlife refuges or other federally 
managed lands.
    (d) Migratory bird permits. The provisions of this part do not alter 
the terms of any permit or other authorization issued pursuant to part 
21 of this chapter.
    (e) State laws for the protection of migratory birds. No statute or 
regulation of the State of Alaska relieves a person from the 
restrictions, conditions, and requirements contained in this part. 
Nothing in this part, however, prevents the State of Alaska from making 
and enforcing laws or regulations that are consistent with the 
regulations in this part, the conventions between the United States and 
any foreign country for the protection of migratory birds, and the 
Migratory Bird Treaty Act, and that give further protection to migratory 
birds.



Sec. 92.4  Definitions.

    The following definitions apply to all regulations contained in this 
part:
    Alaska Native means the same as ``Native,'' defined in section 3(b) 
of the Alaska Native Claims Settlement Act, 16 U.S.C. 1602(b).
    Co-management Council means the Alaska Migratory Bird Co-management 
Council, consisting of Alaska Native, Federal, and State of Alaska 
representatives as equals.
    Eligible person means an individual within the State of Alaska who 
qualifies to harvest migratory birds and their eggs for subsistence 
purposes during the spring and summer.
    Excluded areas are defined in Sec. 92.5.
    Flyway Council means the Atlantic, Mississippi, Central, or Pacific 
Flyway Council.
    Immediate family means spouse, children, parents, grandchildren, 
grandparents, and siblings.
    Included areas are defined in Sec. 92.5.
    Indigenous inhabitant means a permanent resident of a village within 
a subsistence harvest area, regardless of race.
    Migratory bird, for the purposes of this part, means the same as 
defined in Sec. 10.12 of subchapter B of this chapter. Species eligible 
to harvest are listed in Sec. 92.32.
    Native means the same as ``Alaska Native'' as defined in this 
section.
    Nonwasteful taking means making a reasonable effort to retrieve all 
birds killed or wounded, and retaining such birds in possession between 
the place where taken and the hunter's permanent or temporary place of 
residence, or to the location where the birds will be consumed or 
preserved for food.
    Partner organization or regional partner means a regional or local 
organization, or a local or tribal government that has entered into a 
formal agreement with the U.S. Fish and Wildlife Service for the purpose 
of coordinating the regional programs necessary to involve subsistence 
hunters in the regulatory process described in this part.
    Permanent resident means any person whose primary, permanent home 
for the previous 12 months was within a subsistence harvest area in 
Alaska. Whenever absent from this primary, permanent home, the person 
has the

[[Page 391]]

intention of returning to it. Factors demonstrating a person's primary, 
permanent home may include: an 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; voter 
registration; location of residences owned, rented, or leased; location 
of stored household goods; the residence of the person's spouse, minor 
children, or dependents; tax documents; whether the person claims 
residence in another location for any purpose; or status as a tribal 
member of a tribe in a subsistence harvest area.
    Service Regulations Committee means the Migratory Bird Regulations 
Committee of the U.S. Fish and Wildlife Service.
    State means State of Alaska.
    Subsistence means the customary and traditional harvest or use of 
migratory birds and their eggs by eligible indigenous inhabitants for 
their own nutritional and other essential needs.
    Subsistence harvest areas encompass customary and traditional 
hunting areas of villages in Alaska that qualify for a spring or summer 
subsistence harvest of migratory birds under this part.
    Village is defined as a permanent settlement with one or more year-
round residents.

[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003]



Sec. 92.5  Who is eligible to participate?

    If you are a permanent resident of a village within a subsistence 
harvest area, you will be eligible to harvest migratory birds and their 
eggs for subsistence purposes in the spring and summer.
    (a) Included areas. Village areas located within the Alaska 
Peninsula, Kodiak Archipelago, the Aleutian Islands, or in areas north 
and west of the Alaska Range are subsistence harvest areas, except that 
villages within these areas not meeting the criteria for a subsistence 
harvest area as identified in paragraph (c) of this section will be 
excluded from the spring and summer subsistence harvest. Any person may 
request the Co-management Council to recommend that an otherwise 
included area be excluded by submitting a petition stating how the area 
does not meet the criteria identified in paragraph (c) of this section. 
The Co-management Council will forward petitions to the appropriate 
regional management body for review and recommendation. The Co-
management Council will then consider each petition and will submit to 
the U.S. Fish and Wildlife Service any recommendations to exclude areas 
from the spring and summer subsistence harvest. The U.S. Fish and 
Wildlife Service will publish any approved recommendations to exclude 
areas in subpart D of this part.
    (b) Excluded areas. Village areas located in Anchorage, the 
Matanuska-Susitna or Fairbanks North Star Boroughs, the Kenai Peninsula 
roaded area, the Gulf of Alaska roaded area, or Southeast Alaska 
generally do not qualify for a spring or summer harvest. Communities 
located within one of these areas may petition the Co-management Council 
through their designated regional management body for designation as a 
spring and summer subsistence harvest area. The petition must state how 
the community meets the criteria identified in paragraph (c) of this 
section. The Co-management Council will consider each petition and will 
submit to the Service any recommendations to designate a community as a 
spring and summer subsistence harvest area. The Service will publish any 
approved new designations of communities as spring and summer 
subsistence harvest areas in subpart D of this part. All areas outside 
Alaska are ineligible.
    (c) Criteria for determining designation as a spring and summer 
subsistence harvest area. A previously excluded community may be 
included in the spring/summer harvest regulations if recommended by the 
Alaska Migratory Bird Co-management Council. The Alaska Migratory Bird 
Co-management Council will recommend designation of subsistence harvest 
areas based on a deliberative process using the best available 
information on nutritional and cultural needs and customary and 
traditional use. The Alaska Migratory Bird Co-management Council 
recommendations will accommodate traditional spring and summer harvests 
without creating new traditions or increasing harvest of migratory 
birds.

[[Page 392]]

Recommendations will be made based on the majority of factors and the 
weight of the evidence using the following criteria:
    (1) A pattern of use recurring in the spring and summer of each year 
prior to 1999, excluding interruptions by circumstances beyond the 
user's control;
    (2) The consistent harvest and use of migratory birds on or near the 
user's permanent residence;
    (3) A use pattern that includes the handing down of knowledge of 
hunting skills and values from generation to generation;
    (4) A use pattern in which migratory birds are shared or distributed 
among others within a definable community of persons; a community for 
purposes of subsistence uses may include specific villages or towns, 
with a historical pattern of subsistence use; and
    (5) A use pattern that includes reliance for subsistence purposes 
upon migratory birds or their eggs and that meets nutritional and other 
essential needs including, but not limited to, cultural, social, and 
economic elements of the subsistence way of life.
    (d) Participation by permanent residents of excluded areas. 
Immediate family members who are permanent residents of excluded areas 
may participate in the customary spring and summer subsistence harvest 
in a village's subsistence harvest area with the permission of the 
village council, where it is appropriate to assist indigenous 
inhabitants in meeting their nutritional and other essential needs or 
for the teaching of cultural knowledge to or by their immediate family 
members. Eligibility for participation will be developed and recommended 
by the Co-management Council and adopted or amended by regulations 
published in subpart D of this part.

[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003]



Sec. 92.6  Use and possession of migratory birds.

    Harvest and possession of migratory birds must be done using 
nonwasteful taking. You may not take birds for purposes other than human 
consumption. You may not sell, offer for sale, purchase, or offer to 
purchase migratory birds, their parts, or their eggs taken under this 
part. Nonedible by-products of migratory birds taken for food may be 
used for other noncommercial purposes only by individuals qualified to 
possess those birds. You may possess migratory birds, their parts, and 
their eggs, taken under this part, only if you are an eligible person as 
determined in Sec. 92.5.

[68 FR 43027, July 21, 2003]



Sec.Sec. 92.7--92.9  [Reserved]



                      Subpart B--Program Structure



Sec. 92.10  Alaska Migratory Bird Co-management Council.

    (a) Establishment. The U.S. Fish and Wildlife Service hereby 
establishes, as authorized by the Protocol amending the Canada Treaty, a 
statewide management body to be known as the Alaska Migratory Bird Co-
management Council.
    (b) Membership. The Co-management Council must include Alaska 
Native, Federal, and State of Alaska representatives, as equals.
    (1) The Federal and State governments will each seat one 
representative. The Federal representative will be appointed by the 
Alaska Regional Director of the U.S. Fish and Wildlife Service, and the 
State representative will be appointed by the Commissioner of the Alaska 
Department of Fish and Game. Regional partner organizations may seat 1 
representative from each of the 12 regions identified in Sec. 92.11(a).
    (2) The Federal and State representatives and the collective Native 
representatives will each have one vote, for a total of three votes for 
the entire council.
    (c) Roles and responsibilities. The Co-management Council is 
authorized to:
    (1) Hold public meetings for the purpose of conducting business 
related to spring and summer subsistence harvest of migratory birds;
    (2) Develop recommendations for regulations governing the spring and 
summer subsistence harvest of migratory birds and their eggs;
    (3) Develop recommendations for, among other things, law enforcement 
policies, population and harvest monitoring, education programs, 
research

[[Page 393]]

and use of traditional knowledge, and habitat protection;
    (4) Develop procedures and criteria by which areas and communities 
can be determined to be eligible or ineligible for a spring/summer 
subsistence harvest;
    (5) Provide guidelines to the regional management bodies each year 
for formulation of annual regulations;
    (6) Consolidate regional recommendations and resolve interregional 
differences in order to prepare statewide recommendations;
    (7) Establish committees to gather or review data, develop plans for 
Co-management Council actions, and coordinate programs with regional 
management bodies;
    (8) Send regional representatives from the Co-management Council to 
meetings of the Pacific Flyway Council and to meetings of the other 
Flyway Councils as needed, and to meetings of the Service Regulations 
Committee;
    (9) Elect officers; and
    (10) Conduct other business as the Council may determine is 
necessary to accomplish its purpose.
    (d) Meetings. Meetings of the Co-management Council will be open to 
the public. The Co-management Council will:
    (1) Hold meetings at least twice annually;
    (2) Conduct meetings in accordance with bylaws approved by the Co-
management Council;
    (3) Provide an opportunity at each meeting for public comment;
    (4) Establish the dates, times, and locations of meetings; and
    (5) Maintain a written record of all meetings.
    (e) Staff support. Administrative support for the Co-management 
Council will be provided by the U.S. Fish and Wildlife Service and will 
include, but not be limited to:
    (1) Making arrangements for the meeting rooms and associated 
logistics related to Co-management Council meetings;
    (2) Preparing public notices announcing Co-management Council 
meetings;
    (3) Maintaining records of discussions and actions taken by the Co-
management Council;
    (4) Coordinating with the Alaska Department of Fish and Game to 
provide technical information needed by the Co-management Council for 
its deliberations;
    (5) Preparing documents and gathering information needed by the Co-
management Council for its meetings; and
    (6) Preparing the annual subpart D regulations package recommended 
by the Co-management Council for submission to the flyway councils and 
the Service Regulations Committee.

[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003]



Sec. 92.11  Regional management areas.

    (a) Regions identified. To allow for maximum participation by 
residents of subsistence eligible areas, the Alaska Regional Director of 
the Service established 12 geographic regions based on common 
subsistence resource use patterns and the 12 Alaska Native regional 
corporation boundaries established under the Alaska Native Claims 
Settlement Act. Despite using the Alaska Native regional corporation 
boundaries, we are not working directly with the regional corporations 
in this program and are instead working with the Alaska Native nonprofit 
groups and local governments in those corresponding regions. You may 
obtain records and maps delineating the boundaries of the 12 regions 
from the U.S. Department of the Interior, Bureau of Land Management, 
Alaska State Office, 222 West 7th Ave., No. 13, Anchorage, AK 99513. The 
regions are identified as follows:

    (1) Aleutian/Pribilof Islands;
    (2) Kodiak Archipelago;
    (3) Bristol Bay;
    (4) Yukon/Kuskokwim Delta;
    (5) Bering Strait/Norton Sound;
    (6) Northwest Arctic;
    (7) North Slope;
    (8) Interior;
    (9) Southeast;
    (10) Gulf of Alaska;
    (11) Upper Copper River; and
    (12) Cook Inlet.
    (b) Regional partnerships. The U.S. Fish and Wildlife Service will 
establish partner agreements with at least 1 partner organization in 
each of the 12

[[Page 394]]

regions. The partner organization identified must be willing and able to 
coordinate the regional program on behalf of all subsistence hunters 
within that region. A regional partner will:
    (1) Organize or identify one or more management bodies within the 
region in which it is located.
    (2) Determine how the management body for the region should be 
organized, the manner in which it should function, its size, who serves 
on it, the length of terms, methods of involving subsistence users, and 
other related matters.
    (3) Coordinate regional meetings and the solicitation of proposals.
    (4) Ensure appointment of a person to represent the region by 
serving on the Co-management Council. If a region consists of more than 
one partner organization, each partner organization may appoint a member 
to sit on the Co-management Council.
    (5) Keep the residents of villages within the region informed of 
issues related to the subsistence harvest of migratory birds.
    (6) Work cooperatively with the U.S. Fish and Wildlife Service and 
the Alaska Department of Fish and Game to gather harvest data, numbers 
of subsistence users, and other management data and traditional 
knowledge for the benefit of the management bodies.
    (c) Regional management bodies. (1) Regional management bodies must 
provide a forum for the collection and expression of opinions and 
recommendations regarding spring and summer subsistence harvesting of 
migratory birds. They must develop requests and recommendations from the 
region to be presented to the Co-management Council for deliberation. 
They must provide for public participation in the meetings at which 
recommendations and requests are formulated.
    (2) Requests and recommendations to the Co-management Council may 
involve seasons and bag limits, methods and means, law enforcement 
policies, population and harvest monitoring, education programs, 
research and use of traditional knowledge, habitat protection, and other 
concerns related to migratory bird subsistence programs.
    (3) Regional management bodies may be established specifically for 
the purpose of carrying out the responsibilities identified in this 
part, or they may be existing entities that can add these 
responsibilities to their existing duties.

[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003]



Sec. 92.12  Relationship to the process for developing national hunting 
regulations for migratory game birds.

    (a) Flyway councils. (1) Proposed annual regulations recommended by 
the Co-management Council will be submitted to all flyway councils for 
review and comment. The Council's recommendations must be submitted 
prior to the SRC's last regular meeting of the calendar year in order to 
be approved for spring/summer harvest beginning March 11 of the 
following calendar year.
    (2) Alaska Native representatives may be appointed by the Co-
management Council to attend meetings of one or more of the four flyway 
councils to discuss recommended regulations or other proposed management 
actions.
    (b) Service regulations committee. Proposed annual regulations 
recommended by the Co-management Council will be submitted to the 
Service Regulations Committee for their review and recommendation to the 
Service Director. Following the Service Director's review and 
recommendation, the proposals will be forwarded to the Department of 
Interior for approval. Proposed annual regulations will then be 
published in the Federal Register for public review and comment, similar 
to the annual migratory game bird hunting regulations (found in part 20 
of this chapter). Final spring/summer regulations for Alaska will be 
published in the Federal Register in the preceding Fall.



Sec.Sec. 92.13--92.19  [Reserved]



      Subpart C--General Regulations Governing Subsistence Harvest



Sec. 92.20  Methods and means.

    You may not use the following devices and methods to harvest 
migratory birds:

[[Page 395]]

    (a) Swivel guns, shotguns larger than 10 gauge, punt guns, battery 
guns, machine guns, fish hooks, poisons, drugs, explosives, or 
stupefying substances;
    (b) Shooting from a sinkbox or any other type of low-floating device 
that affords the hunter a means of concealment beneath the surface of 
the water;
    (c) Hunting from any type of aircraft;
    (d) Taking waterfowl and other species using live birds as decoys, 
except for auklets on Diomede Island (Use of live birds as decoys is a 
customary and traditional means of harvesting auklets on Diomede 
Island.);
    (e) Hunting with the aid of recorded bird calls;
    (f) Using any type of vehicle, aircraft, or boat for the purpose of 
concentrating, driving, rallying, or stirring up of any migratory bird, 
except boats may be used to position a hunter;
    (g) The possession or use of lead or other toxic shot while hunting 
all migratory birds (Approved nontoxic shot types are listed in Sec. 
20.21(j) of subchapter B.);
    (h) Shooting while on or across any road or highway; or
    (i) Using an air boat or jet ski for hunting or transporting hunters 
(Interior Region only).

[68 FR 43028, July 21, 2003]



Sec. 92.21  Emergency closures.

    (a) The Regional Director, after consultation with the Co-management 
Council, may close or temporarily suspend any regulation established 
under subparts C or D of this part:
    (1) Upon finding that a continuation of the regulation would pose an 
imminent threat to the conservation of any endangered or threatened 
species or other migratory bird population; and
    (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 the internet and local radio and television.
    (b) The Service will also announce any such closure or temporary 
suspension by publication of a notice in the Federal Register 
simultaneously with the local public notice referred to in paragraph 
(a)(2) of this section. However, in the event that publishing a Federal 
Register notice simultaneously with the local public notice is 
impractical, we will publish in the Federal Register as soon as possible 
after the steps outlined in paragraph (a) of this section are taken.
    (c) Any closure or temporary suspension under this section will be 
effective on the date of publication of the Federal Register notice; or 
if such notice is not published simultaneously with the notification 
methods described in paragraph (a) of this section, then on the date and 
at the time specified in the local notification to the public given 
under paragraph (a)(2) of this section. Every notice of closure or 
temporary suspension will include the date and time of the closing, the 
area or areas affected, and the species affected. In the case of a 
temporary suspension, the date and time when the harvest may be resumed 
will also be provided by local notification to the public and by 
publication in the Federal Register as provided for in paragraphs (a) 
and (b) of this section.

[68 FR 43028, July 21, 2003]



Sec.Sec. 92.22--92.29  [Reserved]



       Subpart D--Annual Regulations Governing Subsistence Harvest



Sec. 92.30  General overview of regulations.

    These regulations establish a spring/summer migratory bird 
subsistence harvest in Alaska. The regulations list migratory bird 
species that are authorized for harvest, species that are not authorized 
for harvest, season dates, and dates for a 30-day closure to protect 
nesting birds. The Co-management Council will review and, if necessary, 
recommend modifications to these harvest regulations on an annual basis, 
working within the schedule of the Federal late-season regulations for 
migratory game bird hunting.
    (a) The taking, possession, transportation, and other uses of 
migratory birds are generally prohibited unless specifically authorized 
by regulation developed in accordance with the Migratory Bird Treaty 
Act. Therefore, harvesting migratory birds is prohibited unless 
regulations are established ensuring the protection of the various

[[Page 396]]

populations of migratory birds. Migratory bird population levels, 
production, and habitat conditions vary annually. These conditions 
differ within Alaska and throughout North America. Therefore, the 
regulations governing migratory bird hunting may include annual 
adjustments to keep harvests within acceptable levels.
    (b) The development of the regulations in this part, like the 
development of the annual migratory game bird hunting regulations in 
part 20 of this chapter, involves annual data gathering programs to 
determine migratory bird population status and trends, evaluate habitat 
conditions, determine harvests, and consider other factors having an 
impact on the anticipated size of annual populations.
    (c) The Service proposes annual migratory game bird hunting 
regulations in the Federal Register in the spring for seasons beginning 
September 1 of that year. Following consideration of additional 
biological information and public comment, the Service publishes 
supplemental proposals throughout the summer. These are also open to 
public comment.
    (d) Sections 92.31 through 92.39 provide for the annual harvest of 
migratory birds and their eggs during spring and summer for subsistence 
users in Alaska.

[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43028, July 21, 2003]



Sec.Sec. 92.31--92.39  [Reserved]

[[Page 397]]



                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 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 fish, wildlife, and shellfish; general 
          regulations.
100.26 Subsistence taking of wildlife.
100.27 Subsistence taking of fish.
100.28 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: 67 FR 30563, May 7, 2002, 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 398]]

    (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, 
Public Law 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 exchange for cash of fish and wildlife 
resources regulated in this part, not otherwise prohibited by Federal 
law or regulation, to support personal and family needs; and

[[Page 399]]

does 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, Public Law 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 other 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 400]]

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 an eligible rural Alaska resident and:
    (1) Possess the pertinent valid Alaska resident hunting and trapping 
licenses (no license required to take fish or shellfish, but you must be 
an Alaska resident) 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 401]]

    (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) In order to receive a Federal Subsistence Registration Permit or 
Federal Designated Harvester Permit or designate someone to harvest fish 
or wildlife for you under a Federal Designated Harvester Permit, you 
must be old enough to reasonably harvest that species yourself (or under 
the guidance of an adult).
    (c) 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 the regulations in 
this part, 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.
    (d) 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.
    (e) 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 the regulations in this part. Community harvests are 
reviewed annually under the regulations in subpart D of this part.
    (f) You may not make a fraudulent application for Federal or State 
licenses, permits, harvest tickets or tags or intentionally file an 
incorrect harvest report.

[67 FR 30563, May 7, 2002, as amended at 68 FR 7704, Feb. 18, 2003]



Sec. 100.7  Restriction on use.

    (a) You may not use fish or wildlife or their parts, taken pursuant 
to the regulations in this part, unless provided for in this part.
    (b) You may not exchange in customary trade or sell fish or wildlife 
or their parts, taken pursuant to the regulations in this part, unless 
provided for in this part.
    (c) You may barter fish or wildlife or their parts, taken pursuant 
to the regulations in this part, unless restricted in Sec.Sec. 100.25, 
100.26, 100.27, or 100.28.



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 Harvester 
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

[[Page 402]]

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 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 is systematically available to 
Federal managers by routine computer access requiring less than 1 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 222 ARLSQ, 
Washington, D.C. 20240; and the Office of Management and Budget, 
Paperwork Reduction Project (Subsistence), 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: 67 FR 30563, May 7, 2002, 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 it 
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 Regional 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;

[[Page 403]]

    (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;
    (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

[[Page 404]]

with the community's customary and traditional practices.
    (6) The Board may delegate to agency field officials the authority 
to set harvest and possession limits, define harvest areas, specify 
methods or means of harvest, specify permit requirements, and open or 
close specific fish or wildlife harvest seasons within frameworks 
established by the Board.
    (7) The Board shall establish a Staff Committee for analytical and 
administrative assistance composed of members 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. 
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 make recommendations to the Secretaries for 
representatives on the Regional Councils. 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 3 years.
    (3) The Chair of each Regional Council shall be elected by the 
applicable Regional Council, from its membership, for a 1-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 the 
regulations in this part 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;

[[Page 405]]

    (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;
    (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 the regulations in this part, 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.
    (3) The Regional Council recommendations to the Board should be 
supported by substantial evidence, be consistent with recognized 
principles of fish and wildlife conservation, and not be detrimental to 
the satisfaction of subsistence needs.

[67 FR 30563, May 7, 2002, as amended at 68 FR 7704, Feb. 18, 2003]



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 subparts 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.

[[Page 406]]



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, trapping, or 
fishing, or take actions to restrict the taking of fish and wildlife 
when necessary to conserve healthy populations of fish and wildlife, 
continue subsistence uses of such populations, or pursuant to other 
applicable Federal law. The Board may review and adopt State openings, 
closures, or restrictions which serve to achieve the objectives of the 
regulations in this part.
    (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 2,500 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 2,500 but not more 
than 7,000 will be determined to be rural or non-rural.
    (3) A community with a population of more than 7,000 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 10-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 5 years shall be required before the

[[Page 407]]

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, 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 
subparts C or 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 sections of subpart C or subpart D 
regulations over a period of years. The Board shall develop and publish 
proposed regulations

[[Page 408]]

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.
    (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 subparts C and D of this part in the 
Federal Register.
    (b) 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  Special actions.

    (a) The Board may restrict, close, or reopen the taking of fish and 
wildlife for non-subsistence uses on public lands when necessary to 
assure the continued viability of a particular fish or wildlife 
population, to continue subsistence uses of a fish or wildlife 
population, or for reasons of public safety or administration.
    (b) The Board may open, close, or restrict subsistence uses of a 
particular fish or wildlife population on public lands to assure the 
continued viability of a fish or wildlife population, to continue 
subsistence uses of a fish or wildlife population, or for reasons of 
public safety or administration.
    (c) The Board will accept a request for a change in seasons, methods 
and means, harvest limits and/or restrictions on harvest under this Sec. 
100.19 only if there are extenuating circumstances necessitating a 
regulatory change before the next annual subpart D proposal cycle. 
Extenuating circumstances include unusual and significant changes in 
resource abundance or unusual conditions affecting harvest opportunities 
that could not reasonably have been anticipated and that potentially 
could have significant adverse effects on the health of fish and 
wildlife populations or subsistence uses. Requests for Special Action 
that do not meet these conditions will be rejected; however, a rejected 
Special Action request will be deferred, if appropriate, to the next 
annual regulatory proposal cycle for consideration, after coordination 
with the submitter. In general, changes to Customary and Traditional Use 
Determinations will only be considered through the annual subpart C 
proposal cycle.
    (d) In an emergency situation, the Board may immediately open, 
close, liberalize, or restrict subsistence uses of fish and wildlife on 
public lands, or close or restrict 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. Prior to implementing an 
emergency action, the Board shall consult with the State. The emergency 
action 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 public hearing, that such action should be extended. 
The Board shall, in a timely manner, provide notice via radio 
announcement or personal contact of the emergency action and shall

[[Page 409]]

publish notice and reasons justifying the emergency action in newspapers 
of any area affected, and in the Federal Register thereafter.
    (e) After consultation with the State, the appropriate Regional 
Advisory Council(s), and adequate notice and public hearing, the Board 
may make or direct a temporary change to close, open, or adjust the 
seasons, to modify the harvest limits, or to modify the methods and 
means of harvest 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, harvest limits, or methods or means of harvest. 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, will not be detrimental to the 
long-term subsistence use of fish or wildlife resources, and is not an 
unnecessary restriction on non-subsistence users. The decision of the 
Board shall be the final administrative action. The temporary change 
shall be effective when directed by the Board following notice in the 
affected area(s). This notice may include publication in newspapers or 
announcement on local radio stations. The Board shall publish notice and 
reasons justifying the temporary action in the Federal Register 
thereafter. The length of any temporary change shall be confined to the 
minimum time period or harvest limit determined by the Board to be 
necessary to satisfy subsistence uses. A temporary opening or closure 
will not extend beyond the regulatory year for which it is promulgated.
    (f) 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.
    (g) 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 earlier, 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. The Board will accept a request for 
reconsideration only if it is based upon information not previously 
considered by the Board, demonstrates that the existing information used 
by the Board is incorrect, or demonstrates that the Board's 
interpretation of information, applicable law, or regulation is in error 
or contrary to existing law. 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 and 
the Alaska Department of Fish and Game (ADFG) for review and 
recommendation. The Board shall consider any Regional Council and ADFG 
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).

[[Page 410]]

    (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;
    (9) Eastern Interior Region;
    (10) North Slope Region.
    (b) You may obtain maps delineating the boundaries of subsistence 
resource regions from the U.S. Fish and Wildlife Service, 3601 C Street, 
Suite 1030, Anchorage, Alaska 99503.

[67 FR 30570, May 7, 2002]



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 Point, Herring Cove, Saxman East, 
Pennock Island, and parts of Gravina 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.

    You may obtain maps delineating the boundaries of non-rural areas 
from the U.S. Fish and Wildlife Service.

    (b) [Reserved]

[67 FR 30570, May 7, 2002]



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 & 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 priority 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. The rural Alaska residents of the 
listed communities and areas have a customary and traditional use of the 
specified species on Federal public lands within the listed areas:

------------------------------------------------------------------------
             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.

[[Page 411]]

 
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.
7, that portion draining into   Moose............  Residents of Chenega
 Kings Bay.                                         Bay and Tatitlek.
7, remainder..................  Moose............  No Federal
                                                    subsistence
                                                    priority.
7.............................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
7.............................  Ruffed Grouse....  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.

[[Page 412]]

 
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 Akutan, 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, Port
                                                    Alsworth, and
                                                    residents of Lake
                                                    Clark National Park
                                                    and Preserve within
                                                    Unit 9(B).
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 Akutan,
                                                    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, Slana,
                                                    Tazlina, Tonsina,
                                                    and Units 11 and 12.
11, remainder.................  Black Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    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, Slana,
                                                    Tazlina, Tonsina,
                                                    and Units 11 and 12.
11, remainder.................  Brown Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    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,
                                                    Slana, 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
                                                    the residents of
                                                    Chickaloon.
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).

[[Page 413]]

 
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--Wolf
                                                    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,    Residents of Units
                                 Blue, Ruffed and   11, 12, 13 and the
                                 Sharp-tailed).     residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22 and 23.
11............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 12, 13 and the
                                 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
 Mountain, southeast of the                         north of 62nd
 confluence of Tatschunda                           parallel, residents
 Creek to Nabesna River.                            of Unit 12, 13(A)--
                                                    (D) and the
                                                    residents of
                                                    Chickaloon, Dot
                                                    Lake, and Healy
                                                    Lake.
12, east of the Nabesna River   Moose............  Residents of Unit 12
 and Nabesna Glacier, south of                      and Healy Lake.
 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
                                                    Wolf 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
                                                    and Slana.
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) and (D).................  Moose............  Residents of Unit 13
                                                    and the residents of
                                                    Chickaloon and
                                                    Slana.
13(B).........................  Moose............  Residents of Units
                                                    13, 20(D) except
                                                    Fort Greely, and the
                                                    residents of
                                                    Chickaloon and
                                                    Slana.
13(C).........................  Moose............  Residents of Units
                                                    12, 13 and the
                                                    residents of
                                                    Chickaloon, Healy
                                                    Lake, Dot Lake and
                                                    Slana.
13(E).........................  Moose............  Residents of Unit 13
                                                    and the residents of
                                                    Chickaloon McKinley
                                                    Village, Slana, 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,    Residents of Units
                                 Blue, Ruffed &     11, 13 and the
                                 Sharp-tailed).     residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22 & 23.
13............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13 and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22 & 23.
Unit 14(B) and (C)............  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
14............................  Goat.............  No Federal
                                                    subsistence
                                                    priority.

[[Page 414]]

 
14............................  Moose............  No Federal
                                                    subsistence
                                                    priority.
14(A) and (C).................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 15(C)....................  Black Bear.......  Residents of Port
                                                    Graham and Nanwalek
                                                    only.
15, remainder.................  Black Bear.......  No Federal
                                                    subsistence
                                                    priority.
15............................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
15(C), Port Graham and English  Goat.............  Residents of Port
 Bay hunt areas.                                    Graham and Nanwalek.
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,   Residents of Unit 15.
                                 Willow and White-
                                 tailed).
15............................  Grouse (Spruce)..  Residents of Unit 15.
15............................  Grouse (Ruffed)..  No Federal
                                                    subsistence
                                                    priority.
Unit 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     Residents of Units
                                 and Ruffed).       11, 13 and the
                                                    residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22 and 23.
16............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13 and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22 and 23.
Unit 17(A) and that portion of  Black Bear.......  Residents of Units
 17(B) draining into Nuyakuk                        9(A) and (B), 17,
 Lake and Tikchik Lake.                             and residents of
                                                    Akiak and Akiachak.
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   Brown Bear.......  Residents of
 north and west of a line                           Kwethluk.
 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    Brown Bear.......  Residents of Akiak
 into Nuyakuk Lake and Tikchik                      and Akiachak.
 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    Caribou..........  Residents of Goodnews
 of the Izavieknik River,                           Bay, Platinum,
 Upper Togiak Lake, Togiak                          Quinhagak, Eek,
 Lake, and the main course of                       Tuntutuliak, and
 the Togiak River.                                  Napakiak.
Unit 17(A)--That portion north  Caribou..........  Residents of Akiak,
 of Togiak Lake that includes                       Akiachak, and
 Izavieknik River drainages.                        Tuluksak.
17(A) and (B), those portions   Caribou..........  Residents of
 north and west of a line                           Kwethluk.
 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     Caribou..........  Residents of Bethel,
 Togiak National Wildlife                           Goodnews Bay,
 Refuge within Unit 17(B).                          Platinum, Quinhagak,
                                                    Eek, Akiak,
                                                    Akiachak, and
                                                    Tuluksak,
                                                    Tuntutuliak, and
                                                    Napakiak.
17(A) and (B), those portions   Moose............  Residents of
 north and west of a line                           Kwethluk.
 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.
Unit 17(A)--That portion north  Moose............  Residents of Akiak,
 of Togiak Lake that includes                       Akiachak.
 Izavieknik River drainages.
Unit 17(B)--That portion        Moose............  Residents of Akiak,
 within the Togiak National                         Akiachak.
 Wildlife Refuge.

[[Page 415]]

 
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, that portion of the Yukon   Moose............  Residents of Unit 18
 River drainage upstream of                         and residents of
 Russian Mission and that                           Upper Kalskag,
 portion of the Kuskokwin                           Aniak, and
 River drainage upstream of,                        Chuathbaluk.
 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.
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         Moose............  Residents of Eek and
 Kogrukluk River.                                   Quinhagak.
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.

[[Page 416]]

 
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,   Residents of Units
                                 Ruffed and Sharp-  11, 13 and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22, and 23.
20(D).........................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13 and the
                                                    residents of
                                                    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.
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), (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
                                                    22(A) 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,
                                                    Nunam Iqua, 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).

[[Page 417]]

 
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)..  Residents of Units
                                                    11, 13 and the
                                                    residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22, and 23.
22............................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13 and the
                                                    residents of
                                                    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     Muskox...........  Residents of Unit 23
 and west of and including the                      South of Kotzebue
 Buckland River drainage.                           Sound and west of
                                                    and including the
                                                    Buckland River
                                                    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     Residents of Units
                                 and Ruffed).       11, 13 and the
                                                    residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22, and 23.
23............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13 and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20(D), 22, and 23.
Unit 24, that portion south of  Black Bear.......  Residents of Stevens
 Caribou Mountain, and within                       Village and
 the public lands composing or                      residents of Unit 24
 immediately adjacent to the                        and Wiseman, but not
 Dalton Highway Corridor                            including any other
 Management Area.                                   residents of the
                                                    Dalton 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.
24, that portion south of       Brown Bear.......  Residents of Stevens
 Caribou Mountain, and within                       Village and
 the public lands composing or                      residents of Unit 24
 immediately adjacent to the                        and Wiseman, but not
 Dalton Highway Corridor                            including any other
 Management Area.                                   residents of the
                                                    Dalton Highway
                                                    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,
                                                    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 Unit
                                                    25(D).
25(D).........................  Brown Bear.......  Residents of Unit
                                                    25(D).
25, remainder.................  Brown Bear.......  Residents of Unit 25
                                                    and Eagle.
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 Unit
                                                    25(D) west.
25(D), reminder...............  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.

[[Page 418]]

 
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. The following communities and areas have 
been found to have a positive customary and traditional use 
determination in the listed area for the indicated species:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
KOTZEBUE AREA.................  All fish.........  Residents of the
                                                    Kotzebue Area.
NORTON SOUND--PORT CLARENCE
 AREA:
    Norton Sound--Port          All fish.........  Residents of
     Clarence Area, waters                          Stebbins, St.
     draining into Norton                           Michael, and Kotlik.
     Sound between Point
     Romanof and Canal Point.
    Norton Sound-Port Clarence  All fish.........  Residents of the
     Area, remainder.                               Norton Sound--Port
                                                    Clarence Area.
YUKON-NORTHERN AREA:
    Yukon River Drainage......  Salmon, other      Residents of the
                                 than fall chum     Yukon River
                                 salmon.            drainage, including
                                                    the community of
                                                    Stebbins.
    Yukon River drainage......  Fall chum salmon.  Residents of the
                                                    Yukon River
                                                    drainage, including
                                                    the communities of
                                                    Stebbins, Scammon
                                                    Bay, Hooper Bay, and
                                                    Chevak.
    Yukon River drainage......  Freshwater fish    Residents of the
                                 (other than        Yukon-Northern Area.
                                 salmon).
    Remainder of the Yukon-     All fish.........  Residents of the
     Northern Area.                                 Yukon-Northern Area,
                                                    excluding the
                                                    residents of the
                                                    Yukon River drainage
                                                    and excluding 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     Residents of the
                                 other than         Kuskokwim Area,
                                 herring.           except those persons
                                                    residing on the
                                                    United States
                                                    military
                                                    installation located
                                                    on Cape Newenham,
                                                    Sparevohn USAFB, and
                                                    Tatalina USAFB.

[[Page 419]]

 
Waters around Nunivak Island..  Herring and        Residents within 20
                                 herring roe.       miles of the coast
                                                    between the
                                                    westernmost tip of
                                                    the Naskonat
                                                    Peninsula and the
                                                    terminus of the
                                                    Ishowik River and on
                                                    Nunivak Island.
BRISTOL BAY AREA:
    Nushagak District,          Salmon and         Residents of the
     including drainages         freshwater fish.   Nushagak District
     flowing into the district.                     and freshwater
                                                    drainages flowing
                                                    into the district.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Naknek River drainage.      freshwater fish.   Naknek and Kvichak
                                                    River drainages.
    Naknek-Kvichak District--   Salmon and         Residents of the
     Kvichak/Iliamna-Lake        freshwater fish.   Kvichak/Iliamna-Lake
     Clark drainage.                                Clark drainage.
    Togiak District, including  Salmon and         Residents of the
     drainages flowing into      freshwater fish.   Togiak District,
     the district.                                  freshwater drainages
                                                    flowing into the
                                                    district, and the
                                                    community of
                                                    Manokotak.
    Egegik District, including  All fish.........  Residents of the
     drainages flowing into                         Bristol Bay Area.
     the district.
    Ugashik District,           All fish.........  Residents of the
     including drainages                            Bristol Bay Area.
     flowing into the district.
    Togiak District...........  Herring spawn on   Residents of the
                                 kelp.              Togiak District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
    Remainder of the Bristol    All fish.........  Residents of the
     Bay Area.                                      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  Residents of the
                                 the Alaska         Alaska Peninsula
                                 Peninsula Area.    Area.
CHIGNIK AREA..................  Halibut, salmon    Residents of the
                                 and fish other     Chignik Area.
                                 than rainbow/
                                 steelhead trout.
KODIAK AREA--except the         Salmon...........  Residents of the
 Mainland District, all waters                      Kodiak Island
 along the south side of the                        Borough, except
 Alaska Peninsula bounded by                        those residing on
 the latitude of Cape Douglas                       the Kodiak Coast
 (5852[min]                          Guard Base.
 North latitude) mid-stream
 Shelikof Strait, and east of
 the longitude of the southern
 entrance of Imuya Bay near
 Kilokak Rocks (5711[min]22[sec] North
 latitude, 15620[min]30[sec]W longitude).
Kodiak Area...................  Fish other than    Residents of the
                                 rainbow/           Kodiak Area.
                                 steelhead trout
                                 and salmon.
COOK INLET AREA...............  Fish other than    Residents of the Cook
                                 salmon, Dolly      Inlet Area.
                                 Varden, trout,
                                 char, grayling,
                                 and burbot.
                                Salmon, Dolly      No Determination.
                                 Varden trout,
                                 char, grayling,
                                 and burbot.
PRINCE WILLIAM SOUND AREA:
    South-Western District and  Salmon...........  Residents of the
     Green Island.                                  Southwestern
                                                    District which 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        Salmon...........  Residents of the
     Porcupine Point to                             villages of Tatitlek
     Granite Point, and south                       and Ellamar.
     of a line from Point Lowe
     to Tongue Point.
    Copper River drainage       Freshwater fish..  Residents of
     upstream from Haley Creek.                     Cantwell, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.

[[Page 420]]

 
    Chitina Subdistrict of the  Salmon...........  Residents of
     Upper Copper River                             Cantwell, Chisana,
     District.                                      Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Slana,
                                                    Tanacross, Tazlina,
                                                    Tetlin, Tok,
                                                    Tonsina, and those
                                                    individuals that
                                                    live along the Tok
                                                    Cutoff from Tok to
                                                    Mentasta Pass, and
                                                    along the Nabesna
                                                    Road.
    Glennallen Subdistrict of   Salmon...........  Residents of the
     the Upper Copper River                         Prince William Sound
     District.                                      Area and residents
                                                    of Cantwell,
                                                    Chisana, Dot Lake,
                                                    Healy Lake,
                                                    Northway, Tanacross,
                                                    Tetlin, Tok and
                                                    those individuals
                                                    living along the
                                                    Alaska Highway from
                                                    the Alaskan/Canadian
                                                    border to along the
                                                    Tok Cutoff from Tok
                                                    to Mentasta Pass,
                                                    and along the
                                                    Nabesna Road.
    Waters of the Copper River  Salmon...........  Residents of Mentasta
     between National Park                          Lake and Dot Lake.
     Service regulatory
     markers located near the
     mouth of Tanada Creek,
     and in Tanada Creek
     between National Park
     Service regulatory
     markers identifying the
     open waters of the creek.
    Remainder of the Prince     Salmon...........  Residents of the
     William Sound Area.                            Prince William Sound
                                                    Area.
YAKUTAT AREA:
    Freshwater upstream from    Salmon...........  Residents of the area
     the terminus of streams                        east of Yakutat Bay,
     and rivers of the Yakutat                      including the
     Area from the Doame River                      islands within
     to the Tsiu River.                             Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Freshwater upstream from    Dolly Varden,      Residents of the area
     the terminus of streams     steelhead trout,   east of Yakutat Bay,
     and rivers of the Yakutat   and smelt.         including the
     Area from the Doame River                      islands within
     to Point Manby.                                Yakutat Bay, west of
                                                    the Situk River
                                                    drainage, and south
                                                    of and including
                                                    Knight Island.
    Remainder of the Yakutat    Dolly Varden,      Residents of
     Area.                       trout, smelt and   Southeastern Alaska
                                 eulachon.          and Yakutat Areas.
SOUTHEASTERN ALASKA AREA:
    District 1--Section 1-E in  Salmon, Dolly      Residents of the City
     waters of the Naha River    Varden, trout,     of Saxman.
     and Roosevelt Lagoon.       smelt and
                                 eulachon.
    District 1--Section 1-F in  Salmon, Dolly      Residents of the City
     Boca de Quadra in waters    Varden, trout,     of Saxman.
     of Sockeye Creek and Hugh   smelt and
     Smith Lake within 500       eulachon.
     yards of the terminus of
     Sockeye Creek.
    District 2--North of the    Salmon, Dolly      Residents of the City
     latitude of the northern-   Varden, trout,     of Kasaan and in the
     most tip of Chasina Point   smelt and          drainage of the
     and west of a line from     eulachon.          southeastern shore
     the northern-most tip of                       of the Kasaan
     Chasina Point to the                           Peninsula west of
     eastern-most tip of                            132
     Grindall Island to the                         20[min] W. long and
     eastern-most tip of the                        east of 132 25[min] W.
                                                    long.
    District 3--Section 3-A...  Salmon, Dolly      Residents of the
                                 Varden, trout,     townsite of
                                 smelt and          Hydaburg.
                                 eulachon.
    District 3--Section A.....  Halibut and        Residents of
                                 bottomfish.        Southeast Area.
    District 3--Section 3-B in  Salmon, Dolly      Residents of the City
     waters east of a line       Varden, trout,     of Klawock and on
     from Point Ildefonso to     smelt and          Prince of Wales
     Tranquil Point.             eulachon.          Island within the
                                                    boundaries of the
                                                    Klawock Heenya
                                                    Corporation land
                                                    holdings as they
                                                    existed 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
                                                    existed in January
                                                    1989.
    District 3--Section 3-C in  Salmon, Dolly      Residents of the City
     waters of Sarkar Lakes.     Varden, trout,     of Klawock and on
                                 smelt and          Prince of Wales
                                 eulachon.          Island within the
                                                    boundaries of the
                                                    Klawock Heenya
                                                    Corporation land
                                                    holdings as they
                                                    existed 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
                                                    existed in January
                                                    1989.
    District 5--North of a      Salmon, Dolly      Residents of the City
     line from Point Barrie to   Varden, trout,     of Kake and in
     Boulder Point.              smelt and          Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.

[[Page 421]]

 
    District 9--Section 9-A...  Salmon, Dolly      Residents of the City
                                 Varden, trout,     of Kake and in
                                 smelt and          Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 9--Section 9-B     Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     of Kake and in
     Swain Point.                smelt and          Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 10--West of a      Salmon, Dolly      Residents of the City
     line from Pinta Point to    Varden, trout,     of Kake and in
     False Point Pybus.          smelt and          Kupreanof Island
                                 eulachon.          drainages emptying
                                                    into Keku Strait
                                                    south of Point White
                                                    and north of the
                                                    Portage Bay boat
                                                    harbor.
    District 12--South of a     Salmon, Dolly      Residents of the City
     line from Fishery Point     Varden, trout,     of Angoon and along
     to south Passage Point      smelt and          the western shore of
     and north of the latitude   eulachon.          Admiralty Island
     of Point Caution.                              north of the
                                                    latitude of Sand
                                                    Island, south of the
                                                    latitude of Thayer
                                                    Creek, and west of
                                                    134
                                                    30[min] W. long.,
                                                    including Killisnoo
                                                    Island.
    District 13--Section 13-A   Salmon, Dolly      Residents of the City
     south of the latitude of    Varden, trout,     and Borough of Sitka
     Cape Edward.                smelt and          in drainages which
                                 eulachon.          empty into Section
                                                    13-B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13-B   Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     and Borough of Sitka
     Redfish Cape.               smelt and          in drainages which
                                 eulachon.          empty into Section
                                                    13-B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13-C.  Salmon, Dolly      Residents of the City
                                 Varden, trout,     and Borough of Sitka
                                 smelt and          in drainages which
                                 eulachon.          empty into Section
                                                    13-B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13-C   Salmon, Dolly      Residents of the City
     east of the longitude of    Varden, trout,     of Angoon and along
     Point Elizabeth.            smelt and          the western shore of
                                 eulachon.          Admiralty Island
                                                    north of the
                                                    latitude of Sand
                                                    Island, south of the
                                                    latitude of Thayer
                                                    Creek, and west of
                                                    134
                                                    30[min] W. long.,
                                                    including Killisnoo
                                                    Island.
    District 14--Section 14-B   Salmon, Dolly      Residents of the City
     and 14-C.                   Varden, trout,     of Hoonah and in
                                 smelt and          Chichagof Island
                                 eulachon.          drainages on the
                                                    eastern shore of
                                                    Port Frederick from
                                                    Gartina Creek to
                                                    Point Sophia.
    Remainder of the            Dolly Varden,      Residents of
     Southeastern Alaska Area.   trout, smelt and   Southeastern Alaska
                                 eulachon.          and Yakutat Areas.
------------------------------------------------------------------------

    (3) Shellfish determinations. The following communities and areas 
have been found to have a positive customary and traditional use 
determination in the listed area for the indicated species:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
BERING SEA AREA...............  All shellfish....  Residents of the
                                                    Bering Sea Area.
ALASKA PENINSULA--ALEUTIAN      Shrimp,            Residents of the
 ISLANDS AREA.                   Dungeness, king,   Alaska Peninsula-
                                 and Tanner crab.   Aleutian Islands
                                                    Area.
KODIAK AREA...................  Shrimp,            Residents of the
                                 Dungeness, and     Kodiak Area.
                                 Tanner crab.
Kodiak Area, except for the     King crab........  Residents of the
 Semidi Island, the North                           Kodiak Island
 Mainland, and the South                            Borough except those
 Mainland Sections.                                 residents on the
                                                    Kodiak Coast Guard
                                                    base.
COOK INLET AREA:
    Federal waters in the       Shellfish........  Residents of Tuxedni
     Tuxedni Bay Area within                        Bay, Chisik Island,
     boundaries of Lake Clark                       and Tyonek.
     National Park & Preserve
     or Alaska Maritime NWR.
PRINCE WILLIAM SOUND AREA.....  Shrimp, the        Residents of the
                                 clams,             Prince William Sound
                                 Dungeness, king,   Area.
                                 and Tanner crab.
SOUTHEASTERN ALASKA--YAKUTAT
 AREA:
    Section 1-E south of the    Shellfish, except  Residents of the
     latitude of Grant Island    shrimp, king       Southeast Area.
     light.                      crab, and Tanner
                                 crab.
    Section 1-F north of the    Shellfish, except  Residents of the
     latitude of the             shrimp, king       Southeast Area.
     northernmost tip of Mary    crab, and Tanner
     Island, except waters of    crab.
     Boca de Quadra.
    Section 3-A and 3-B.......  Shellfish, except  Residents of the
                                 shrimp, king       Southeast Area.
                                 crab, and Tanner
                                 crab.

[[Page 422]]

 
    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, as amended at 65 
FR 40734, June 30, 2000; 66 FR 10145, Feb. 13, 2001; 66 FR 31544, June 
12, 2001; 66 FR 33748, June 25, 2001; 67 FR 5893, Feb. 7, 2002; 67 FR 
30570, May 7, 2002; 67 FR 43714, June 28, 2002; 68 FR 7279, Feb. 12, 
2003]



           Subpart D--Subsistence Taking of Fish and Wildlife



Sec. 100.25  Subsistence taking of fish, wildlife, and shellfish; general 
regulations.

    (a) Definitions. The following definitions shall apply to all 
regulations contained in this part:
    Abalone iron means a flat device which is used for taking abalone 
and which is more than 1 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.
    Airborne means transported by aircraft.
    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.
    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.
    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.
    Bait means any material excluding a scent lure that is placed to 
attract an animal by its sense of smell or taste; however, those parts 
of legally taken animals that are not required to be salvaged and which 
are left at the kill site are not considered bait.
    Beach seine means a floating net which is designed to surround fish 
and is set from and hauled to the beach.
    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.
    Cast net means a circular net with a mesh size of no more than 1\1/
2\ 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).
    Closed season means the time when fish, wildlife, or shellfish may 
not be taken.
    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).

[[Page 423]]

    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.
    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.
    Designated hunter or fisherman means a Federally qualified hunter or 
fisherman who may take all or a portion of another Federally qualified 
hunter's or fisherman's harvest limit(s) only under situations approved 
by the Board.
    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 5 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 unit; 
or snorkel.
    Drainage means all of the lands and 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 in one place.
    Edible meat means the breast meat of ptarmigan and grouse, and, 
those parts of 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 distal 
(bottom) joint of the radius-ulna (knee), hindquarters as far as the 
distal joint (bottom) of the tibia-fibula (hock) and that portion of the 
animal between the front and hindquarters; however, edible meat of 
species listed in this definition 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. For black bear, brown and 
grizzly bear, ``edible meat'' means the meat of the front quarter and 
hindquarters and meat along the backbone (backstrap).
    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.
    Field means an area outside of established year-round dwellings, 
businesses, or other developments usually associated with a city, town, 
or village; field does not include permanent hotels or roadhouses on the 
State road system or at State or Federally maintained airports.
    Fifty-inch (50-inch) moose means a bull moose with an antler spread 
of 50 inches or more.
    Fish wheel 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 headland to headland across the mouth as the waters flow into the 
sea.
    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.
    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

[[Page 424]]

line and lead line, and which is fished from the surface of the water.
    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.
    Grouse collectively refers to all species found in Alaska, including 
spruce grouse, ruffed grouse, blue grouse, and sharp-tailed grouse.
    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.
    Handicraft means a finished product in which the shape and 
appearance of the natural material has been substantially changed by the 
skillful use of hands, such as sewing, carving, etching, scrimshawing, 
painting, or other means, and which has substantially greater monetary 
and aesthetic value than the unaltered natural material alone.
    Handline means a hand-held and operated line, with one or more hooks 
attached.
    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 or designated group, per specified time period, 
in a Unit or portion of a Unit in which the taking occurs even if part 
or all of the harvest is preserved. A fish, when landed and killed by 
means of rod and reel 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.
    Highway means the driveable surface of any constructed road.
    Household means that group of people residing in 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.
    Hunting means the taking of wildlife within established hunting 
seasons with archery equipment or firearms, and as authorized by a 
required hunting license.
    Hydraulic clam digger means a device using water or a combination of 
air and water used to harvest clams.
    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 fish wheel, 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.
    Marmot collectively refers to all species of marmot that occur in 
Alaska including the hoary marmot, Alaska marmot, and the woodchuck.
    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.
    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.

[[Page 425]]

    Poison means any substance that 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.
    Possession limit means the maximum number of fish, grouse, or 
ptarmigan a person or designated group may have in possession if they 
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.
    Ptarmigan collectively refers to all species found in Alaska, 
including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.
    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.
    Ram means a male Dall sheep.
    Registration permit means a permit that 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.
    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. In either case, 
bait or an artificial fly or lure is used as terminal tackle. This 
definition does not include the use of rod and reel gear for snagging.
    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, rearing, 
or for traveling to a spawning or rearing area.
    Salvage means to transport the edible meat, skull, or hide, as 
required by regulation, of a regulated fish, wildlife, or shellfish to 
the location where the edible meat will be consumed by humans or 
processed for human consumption in a manner which saves or prevents the 
edible meat from waste, and preserves the skull or hide for human use.
    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 4 feet, 
equipped with projecting prongs used to gather sea urchins.
    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.
    Set gillnet means a gillnet that has been intentionally set, staked, 
anchored, or otherwise fixed.
    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.
    Shovel means a hand-operated implement for digging clams.
    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

[[Page 426]]

shall mean the entire external covering with claws attached.
    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.
    Spike-fork moose means a bull moose with only one or two tines on 
either antler; male calves are not spike-fork bulls.
    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 5-pound weight.
    Subsistence fishing permit means a permit issued by the Alaska 
Department of Fish and Game or the Federal Subsistence Board.
    Take or Taking means to fish, 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.
    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.
    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.
    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/steelhead trout (Oncorhynchus mykiss).
    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) Taking fish, wildlife, or shellfish for subsistence uses by a 
prohibited method is a violation of this part. Seasons are closed unless 
opened by Federal regulation. Hunting, trapping, or fishing during a 
closed season or in an area closed by this part is prohibited. You may 
not take for subsistence fish, wildlife, or shellfish outside 
established Unit or Area seasons, or in excess of the established Unit 
or Area

[[Page 427]]

harvest limits, unless otherwise provided for by the Board. You may take 
fish, wildlife, or shellfish under State regulations on public lands, 
except as otherwise restricted at Sec.Sec. 100.26 through 100.28. Unit/
Area-specific restrictions or allowances for subsistence taking of fish, 
wildlife, or shellfish are identified at Sec.Sec. 100.26 through 100.28.
    (c) Harvest limits. (1) Harvest limits authorized by this section 
and harvest limits established in State regulations may not be 
accumulated.
    (2) Fish, wildlife, or shellfish taken by a designated individual 
for another person pursuant to Sec. 100.10(d)(5)(ii), counts toward the 
individual harvest limit of the person for whom the fish, wildlife, or 
shellfish is taken.
    (3) A harvest limit applies to the number of fish, wildlife, or 
shellfish 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.
    (4) Unless otherwise provided, any person who gives or receives 
fish, wildlife, or shellfish 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 fish, wildlife, or 
shellfish, the time and place that the fish, wildlife, or shellfish was 
taken, and identification of species transferred. Where a qualified 
subsistence user has designated another qualified subsistence user to 
take fish, wildlife, or shellfish on his or her behalf in accordance 
with Sec.100.10(d)(5)(ii), the permit shall be furnished in place of a 
signed statement.
    (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) Hunting by designated harvest permit. In Units 1-8, 9(D), 10-16, 
18-26, if you are a Federally qualified subsistence user (recipient), 
you may designate another Federally qualified subsistence user to take 
deer, moose and caribou on your behalf unless you are a member of a 
community operating under a community harvest system or unless Unit 
specific regulations in section 100.26 preclude or modify the use of the 
designated hunter system or allow the harvest of additional species by a 
designated hunter. 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, unless otherwise 
specified in Unit-Specific regulations in Section 100.26.
    (f) A rural Alaska resident who has been designated to take fish, 
wildlife, or shellfish on behalf of another rural Alaska resident in 
accordance with Sec. 100.10(d)(5)(ii), shall promptly deliver the fish, 
wildlife, or shellfish to that rural Alaska resident and may not charge 
the recipient for his/her services in taking the fish, wildlife, or 
shellfish or claim for themselves the meat or any part of the harvested 
fish, wildlife, or shellfish.
    (g) The U.S. Fish and Wildlife Service, Office of Subsistence 
Management may issue a permit to harvest fish,

[[Page 428]]

wildlife, or shellfish for a qualifying cultural/educational program to 
an organization that has been granted a Federal subsistence permit for a 
similar event within the previous five years. A qualifying program must 
have instructors, enrolled students, minimum attendance requirements, 
and standards for successful completion of the course. Applications must 
be submitted to the Office of Subsistence Management 60 days prior to 
the earliest desired date of harvest. Permits will be issued for no more 
than one large mammal per culture/education camp. Large mammal species 
allowed to be harvested are limited to deer, moose, caribou, black bear, 
and mountain goat. Permits will be issued for no more than 25 fish per 
culture/education camp. Any animals harvested will count against any 
established Federal harvest quota for the area in which harvested. 
Appeal of a rejected request can be made to the Federal Subsistence 
Board. Application for an initial permit for a qualifying cultural/
educational program, for a permit when the circumstances have changed 
significantly, when no permit has been issued within the previous five 
years, or when there is a request for harvest in excess of that provided 
in this paragraph (g), will be considered by the Federal Subsistence 
Board.
    (h) If a subsistence fishing or hunting permit is required by this 
part, the following permit conditions apply unless otherwise specified 
in this section:
    (1) You may not take more fish, wildlife, or shellfish for 
subsistence use than the limits set out in the permit;
    (2) You must obtain the permit prior to fishing or hunting;
    (3) You must have the permit in your possession and readily 
available for inspection while fishing, hunting, or transporting 
subsistence-taken fish, wildlife, or shellfish;
    (4) If specified on the permit, you shall keep accurate daily 
records of the harvest, showing the number of fish, wildlife, or 
shellfish taken by species, location and date of harvest, and other such 
information as may be required for management or conservation purposes; 
and
    (5) If the return of harvest information necessary for management 
and conservation purposes is required by a 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.
    (i) You may not possess, transport, give, receive, or barter fish, 
wildlife, or shellfish that was taken in violation of Federal or State 
statutes or a regulation promulgated thereunder.
    (j) Utilization of fish, wildlife, or shellfish. (1) You may not use 
wildlife as food for a dog or furbearer, or as bait, except as allowed 
for in Sec. 100.26, Sec. 100.27, or Sec. 100.28, or except for the 
following:
    (i) The hide, skin, viscera, head, or bones of wildlife;
    (ii) The skinned carcass of a furbearer;
    (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) 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.

[[Page 429]]

    (5) 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 fish, wildlife, or shellfish, 
unanticipated weather conditions, or unavoidable loss to another animal.
    (6) You may sell handicraft articles made from the fur of a black 
bear.
    (k) The regulations found in this part do not apply to the 
subsistence taking and use of fish, wildlife, or shellfish 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 fish, 
wildlife, or shellfish, covered by these Acts, will conform to the 
specific provisions contained in these Acts, as amended, and any 
implementing regulations.
    (l) Rural residents, nonrural residents, and nonresidents not 
specifically prohibited by Federal regulations from fishing, hunting, or 
trapping on public lands in an area, may fish, hunt, or trap on public 
lands in accordance with the appropriate State regulations.

[68 FR 38475, June 27, 2003]



Sec. 100.26  Subsistence taking of wildlife.

    (a) You 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.
    (b) Except for special provisions found at paragraphs (m)(1) through 
(26) of this section, the following methods and means of taking wildlife 
for subsistence uses are prohibited:
    (1) Shooting from, on, or across a highway;
    (2) Using any poison;
    (3) 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;
    (4) 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;
    (5) Using a motorized vehicle to drive, herd, or molest wildlife;
    (6) Using or being aided by use of a machine gun, set gun, or a 
shotgun larger than 10 gauge;
    (7) 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--
    (i) An individual in possession of a valid trapping license may use 
a firearm that shoots rimfire cartridges to take wolves and wolverine;
    (ii) 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;
    (8) 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;
    (9) 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;
    (10) Using a trap to take ungulates or bear;
    (11) Using hooks to physically snag, impale, or otherwise take 
wildlife; however, hooks may be used as a trap drag;
    (12) Using a crossbow to take ungulates, bear, wolf, or wolverine in 
any area restricted to hunting by bow and arrow only;
    (13) 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);

[[Page 430]]

    (14) 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 (m)(1) 
through (26) of this section. Baiting of black bears is subject to the 
following restrictions:
    (i) Before establishing a black bear bait station, you must register 
the site with ADF&G
    (ii) 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;
    (iii) 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;
    (iv) You may not use bait within one-quarter mile of a publicly 
maintained road or trail;
    (v) 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;
    (vi) When using bait, you must remove litter and equipment from the 
bait station site when done hunting;
    (vii) You may not give or receive payment for the use of a bait 
station, including barter or exchange of goods;
    (viii) You may not have more than two bait stations with bait 
present at any one time;
    (15) Taking swimming ungulates, bears, wolves or wolverine;
    (16) Taking or assisting in the taking of ungulates, bear, wolves, 
wolverine, or other furbearers before 3 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, the setting of snares or traps, or the 
removal of furbearers from traps or snares;
    (17) Taking a bear cub or a sow accompanied by cub(s).
    (c) Wildlife taken in defense of life or property is not a 
subsistence use; wildlife so taken is subject to State regulations.
    (d) 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) of 
this section:
    (1) Disturbing or destroying a den, except that you may disturb a 
muskrat pushup or feeding house in the course of trapping;
    (2) Disturbing or destroying any beaver house;
    (3) 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;
    (4) 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;
    (5) Using a net, or fish trap (except a blackfish or fyke trap);
    (6) Taking or assisting in the taking of furbearers by firearm 
before 3 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.
    (e) Possession and transportation of wildlife. (1) Except as 
specified in paragraph (e)(2) or (f)(1) 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 limit for that species. 
Except for wildlife taken pursuant to Sec.100.10(d)(5)(iii) 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.
    (f) Harvest limits. (1) 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

[[Page 431]]

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.
    (2) 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.
    (g) Evidence of sex and identity. (1) 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.
    (2) 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, except in Units 11, 13, 19, 21, and 
24 where you may possess either sufficient portions of the external sex 
organs (still attached to a portion of the carcass) or the head (with or 
without antlers attached; however, the antler stumps must remain 
attached), to indicate the sex of the harvested moose; however, this 
paragraph (g)(2) 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.
    (3) If a moose harvest limit requires an antlered bull, 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 
(g)(3) 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.
    (h) You must leave all edible meat on the bones of the front 
quarters and hind quarters of caribou and moose harvested in Units 9(B), 
17, 18 south of the Yukon River, and 19(B) prior to October 1 until you 
remove the meat from the field or process it for human consumption. You 
must leave all edible meat on the bones of the front quarters, hind 
quarters, and ribs of moose harvested in Unit 21 prior to October 1 
until you remove the meat from the field or process it for human 
consumption. You must leave all edible meat on the bones of the front 
quarters, hind quarters, and ribs of caribou and moose harvested in Unit 
24 prior to October 1 until you remove the meat from the field or 
process it for human consumption. Meat of the front quarters, hind 
quarters, or ribs from a harvested moose or caribou may be processed for 
human consumption and consumed in the field; however, meat may not be 
removed from the bones for purposes of transport out of the field.
    (i) 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 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.
    (j) 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.

[[Page 432]]

    (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 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.
    (k) 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. In Unit 
18, you must obtain an ADF&G seal for beaver skins only if they are to 
be sold or commercially sold.
    (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.
    (l) If you take a species listed in paragraph (k) of this section 
but are unable to present the skin in person, you 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 (k) of this 
section.
    (m) You may take wildlife, outside of established season or harvest 
limits, for food in traditional religious ceremonies, that are part of a 
funerary or mortuary cycle, including memorial potlatches, under the 
following provisions:
    (1) The harvest does not violate recognized principles of wildlife 
conservation and uses the methods and means allowable for the particular 
species published in the applicable Federal regulations. The appropriate 
Federal land manager will establish the number, species, sex, or 
location of harvest, if necessary, for conservation purposes. Other 
regulations relating to ceremonial harvest may be found in the unit-
specific regulations in Sec. 100.26(n).
    (2) No permit or harvest ticket is required for harvesting under 
this section; however, the harvester must be a Federally qualified 
subsistence user with customary and traditional use in the area where 
the harvesting will occur.
    (3) In Units 1-26 (except for Koyukon/Gwich'in potlatch ceremonies 
in Units 20(F), 21, 24, or 25):
    (i) A tribal chief, village council president or the chief's or 
president's

[[Page 433]]

designee for the village in which the religious ceremony will be held, 
or a Federally qualified subsistence user outside of a village or 
tribal-organized ceremony, must notify the nearest Federal land manager 
that a wildlife harvest will take place. The notification must include 
the species, harvest location, and number of animals expected to be 
taken.
    (ii) Immediately after the wildlife is taken, the tribal chief, 
village council president or designee, or other Federally qualified 
subsistence user must create a list of the successful hunters and 
maintain these records including the name of the decedent for whom the 
ceremony will be held. If requested, this information must be available 
to an authorized representative of the Federal land manager.
    (iii) The tribal chief, village council president or designee, or 
other Federally qualified subsistence user outside of the village in 
which the religious ceremony will be held must report to the Federal 
land manager the harvest location, species, sex, and number of animals 
taken as soon as practicable, but not more than 15 days after the 
wildlife is taken.
    (4) In Units 20(F), 21, 24, and 25 (for Koyukon/Gwich'in potlatch 
ceremonies only):
    (i) Taking wildlife outside of established season and harvest limits 
is authorized if it is for food for the traditional Koyukon/Gwich'in 
Potlatch Funerary or Mortuary ceremony and if it is consistent with 
conservation of healthy populations.
    (ii) Immediately after the wildlife is taken, the tribal chief, 
village council president, or the chief's or president's designee for 
the village in which the religious ceremony will be held must create a 
list of the successful hunters and maintain these records. The list must 
be made available, after the harvest is completed, to a Federal land 
manager upon request.
    (iii) As soon as practical, but not more than 15 days after the 
harvest, the tribal chief, village council president, or designee must 
notify the Federal land manager about the harvest location, species, 
sex, and number of animals taken.
    (n) 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. Unit-specific 
restrictions or allowances for subsistence taking of wildlife are 
identified at paragraphs (m)(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 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

[[Page 434]]

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 shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are certified as disabled.

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
Black Bear:
    2 bears, no more than one may    Sept. 1-June 30.
     be a blue or glacier bear.
Brown Bear:
    1 bear every four regulatory     Sept. 15-Dec. 31.
     years by State registration
     permit only.
                                     Mar. 15-May 31.
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 Island   No open season.
     only.
    Unit 1(B)-that portion north of  Aug. 1-Dec. 31.
     LeConte Bay. 1 goat by State
     registration permit only; the
     taking of kids or nannies
     accompanied by kids is
     prohibited.
    Unit 1(A) and 1(B), that         No open season.
     portion on the Cleveland
     Peninsula south of the divide
     between Yes Bay and Santa Anna
     Inlet.
    Unit 1(A) and Unit 1(B)-         Aug. 1-Dec. 31.
     remainder-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(C)-that portion draining  Oct. 1-Nov. 30.
     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 draining  No open season.
     into Stephens Passage and Taku
     Inlet between Eagle Glacier
     and River and Taku Glacier.
    Unit 1(C)-remainder-1 goat by    Aug. 1-Nov. 30.
     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 by    Aug. 1-Dec. 31.
     State registration permit only.
Moose:
    Unit 1(A)-1 antlered bull by     Sept. 5-Oct. 15.
     Federal registration permit.
    Unit 1(B)-1 antlered bull with   Sept. 15-Oct. 15.
     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.

[[Page 435]]

 
    Unit 1(C)-remainder, excluding   Sept. 15-Oct. 15.
     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,
 and Silver Phases):
    2 foxes........................  Nov. 1-Feb. 15.
Hare (Snowshoe):
    5 hares per day................  Sept. 1-Apr. 30.
Lynx:
    2 lynx.........................  Dec. 1-Feb. 15.
Wolf:
    5 wolves.......................  Aug. 1-Apr. 30.
Wolverine:
    1 wolverine....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed):
    5 per day, 10 in possession....  Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-
 tailed):
    20 per day, 40 in possession...  Aug. 1-May 15.
 
              Trapping
Beaver:
    Unit 1(A), (B), and (C)-No       Dec. 1-May 15.
     limit.
Coyote:
    No limit.......................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black,
 and Silver Phases):
    No limit.......................  Dec. 1-Feb. 15.
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 shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are certified as disabled.
    (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 by Federal registration   July 24-Dec. 31.
     permit; however, no more than
     one may be an antlerless deer.
     Antlerless deer may be taken
     only during the period Oct. 15-
     Dec. 31.
    The Federal public lands on
     Prince of Wales Island are
     closed to hunting of deer from
     Aug. 1 to Aug. 21, except by
     Federally-qualified
     subsistence users.
Coyote: 2 coyotes..................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black,    Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day...  Sept. 1-Apr. 30.
Lynx: 2 lynx.......................  Dec. 1-Feb. 15.
Wolf: wolves. The Forest Supervisor  Sept. 1-Mar. 15.
 (or designee) may close the
 Federal hunting and trapping
 season in consultation with ADF&G
 and the Chair of the Southeast
 Alaska Subsistence Regional
 Advisory Council, when the
 combined Federal-State harvest
 quota is reached.
Wolverine: 1 wolverine.............  Nov. 10-Feb. 15.
Grouse (Spruce and Ruffed): 5 per    Aug. 1-May 15.
 day, 10 in possession.
Ptarmigan (Rock, Willow, and White-  Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.
 

[[Page 436]]

 
              Trapping
Beaver: No limit...................  Dec. 1-May 15.
Coyote: No limit...................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black,
 and Silver Phases):.
    No limit.......................  Dec. 1-Feb. 15.
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. 15-Mar. 15.
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;
    (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 shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are certified as disabled.

------------------------------------------------------------------------
           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, Woewodski, and   Oct. 15-Oct. 31.
     Butterworth Islands--1
     antlered deer.
    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): 5 hares per day...  Sept. 1-Apr. 30.
Lynx: 2 lynx.......................  Dec. 1-Feb. 15.
Wolf: 5 wolves.....................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine.............  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed):   Aug. 1-May 15.
 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 limit  Dec. 1-Apr. 15.
    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.
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.
------------------------------------------------------------------------


[[Page 437]]

    (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 shoot ungulates from a boat. You may not shoot bear, 
wolves, or wolverine from a boat, unless you are certified as disabled;
    (B) Five Federal registration permits will be issued for the taking 
of brown bear for educational purposes associated with teaching 
customary and traditional subsistence harvest and use practices. Any 
bear taken under an educational permit does not count in an individual's 
one bear every four regulatory years limit.

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
 
Brown Bear:
    Unit 4--Chichagof Island south   Sept. 15-Dec. 31.
     and west of a line that         Mar. 15-May 31.
     follows the crest of the
     island from Rock Point
     (58 N. lat.,
     136 21' W.
     long.) to Rodgers Point
     (57 35' N.
     lat., 135 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 34' N. lat., 135 25' W. long.) to the
     entrance of Gut Bay (56 44' N. lat.,
     134 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--remainder--1 bear every  Sept. 15-Dec. 31.
     four regulatory years by State  Mar. 15-May 20.
     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): 5 hares per day...  Sept. 1-Apr. 30.
Lynx: 2 lynx.......................  Dec. 1-Feb. 15.
Wolf: 5 wolves.....................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine.............  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed):   Aug. 1-May 15.
 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    Dec. 1-May 15.
 of 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: 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.
------------------------------------------------------------------------


[[Page 438]]

    (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 shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are 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.

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
Black Bear:
    2 bears, no more than one may    Sept. 1-June 30.
     be a blue or glacier bear.
Brown Bear:
    1 bear by Federal registration   Sept. 1-May 31.
     permit only.
Deer:
    Unit 5(A)--1 buck..............  Nov. 1-Nov. 30.
    Unit 5(B)......................  No open season.
Goat:
    Unit 5(A)--that area between     Aug. 1-Jan. 31.
     the Hubbard Glacier and the
     West Nunatak Glacier on the
     north and east sides of
     Nunatak Fjord--1 goat by
     Federal registration permit.
     The Yakutat District Ranger
     and ADF&G will jointly
     announce the harvest quota
     prior to the season. A minimum
     of two goats in the harvest
     quota will be reserved for
     Federally qualified
     subsistence users. The season
     will be closed by local
     announcement when the quota
     has been taken. The harvest
     quota and season announcements
     will be made in consultation
     with NPS and local residents.
Unit 5(A)--remainder--1 goat by      Aug. 1-Jan. 31.
 Federal registration permit. The
 Yakutat District Ranger and ADF&G
 will jointly announce the harvest
 quota prior to the season. A
 minimum of four goats in the
 harvest quota will be reserved for
 Federally qualified subsistence
 users. The season will be closed
 by local announcement when the
 quota has been taken. The harvest
 quota and season announcements
 will be made in consultation with
 NPS and local residents.
    Unit 5(B)--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 Bench- Oct. 8-Nov. 15.
     -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. 8--
     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
 and Silver Phases):
    2 foxes........................  Nov. 1-Feb. 15.
Hare (Snowshoe):
    5 hares per day................  Sept. 1-Apr. 30.
Lynx:
    2 lynx.........................  Dec. 1-Feb. 15.
Wolf:
    5 wolves.......................  Aug. 1-Apr. 30.
Wolverine:
    1 wolverine....................  Nov. 10-Feb. 15.
Grouse (Spruce and Ruffed):
    5 per day, 10 in possession....  Aug. 1-May 15.
Ptarmigan (Rock, Willow, and White-
 tailed):
    20 per day, 40 in possession...  Aug. 1-May 15.
 
              Trapping
Beaver:
    No limit.......................  Nov. 10-May 15.
Coyote:
    No limit.......................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black
 and Silver Phases):
    No limit.......................  Dec. 1-Feb. 15.

[[Page 439]]

 
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 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;
    (C) One permit will be issued to the Native Village of Eyak to take 
one bull moose from Federal lands in Units 6(B) or (C) for their annual 
Memorial/Sobriety Day potlatch;
    (D) A Federally-qualified subsistence user (recipient) who is either 
blind, 65 years of age or older, at least 70 percent disabled, or 
temporarily disabled may designate another Federally-qualified 
subsistence user to take any moose, deer, black bear and beaver on his 
or her behalf in Unit 6, 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 one harvest limit in his or her possession at any 
one time.

------------------------------------------------------------------------
           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 State  Aug. 20-Jan. 31.
     registration permit only.

[[Page 440]]

 
    Unit 6(C)......................  No open season.
    Unit 6(D) (subareas RG242,       Aug. 20-Jan. 31.
     RG243, 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, RG243--4
     goats, RG244--2 goats, RG249--
     4 goats, RG266--4 goats, RG252-
     -1 goat.
    Unit 6(D) (subarea RG245)--      No open season.
     Federal public lands are
     closed to all taking of goats.
Moose:
    Unit 6(C)--1 cow by Federal      Sept. 1-Oct. 31.
     registration permit only..
    Unit 6(C)--1 bull by Federal     Sept. 1-Dec. 31.
     registration permit only..
    (In Unit 6(C), only one moose
     permit may be issued per
     household. A household
     receiving a State permit may
     not receive a Federal permit.
     The annual harvest quota will
     be announced by the U.S.
     Forest Service, Cordova
     Office, in consultation with
     ADF&G. The Federal harvest
     allocation will be 100% of the
     cow permits and 75% of the
     bull permits.).
    Unit 6--remainder..............  No open season.
Beaver: 1 beaver per day, 1 in       May 1-Oct. 31.
 possession..
Coyote:
    Unit 6(A) and (D)--2 coyotes...  Sept. 1-Apr. 30.
    Unit 6(B) and 6(C)--No limit...  July 1-June 30.
Fox, Red (including Cross, Black     No open season.
 and Silver Phases).
Hare (Snowshoe): No limit..........  July 1-June 30.
Lynx:..............................  No open season.
Wolf: 5 wolves.....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Mar. 31.
Grouse (Spruce): 5 per day, 10 in    Aug. 1-May 15.
 possession.
Ptarmigan (Rock, Willow, and White-  Aug. 1-May 15.
 tailed): 20 per day, 40 in
 possession.
 
              Trapping
 
Beaver: No limit...................  Dec. 1-Apr. 30.
Coyote:
    Unit 6(C)--south of the Copper   Nov. 10-Apr. 30.
     River Highway and east of the
     Heney Range--No limit.
    Unit 6(A), (B), (C)--remainder,  Nov. 10-Mar. 31.
     and (D)--No limit.
Fox, Red (including Cross, Black     Nov. 10-Feb. 28.
 and Silver Phases): No limit.
Marten: No limit...................  Nov. 10-Feb. 28.
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 W. long., and all Kenai Peninsula drainages east of 
150 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:

[[Page 441]]

 
    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.
Beaver: 1 beaver per day, 1 in       May 1-Oct. 10.
 possession.
Coyote: No limit...................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black     Nov. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe): No limit..........  July 1-June 30.
Wolf:
    Unit 7--that portion within the  Aug. 10-Apr. 30.
     Kenai National Wildlife Refuge-
     -2 wolves.
    Unit 7--Remainder--5 wolves....  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Mar. 31.
Grouse (Spruce): 10 per day, 20 in   Aug. 10-Mar. 31.
 possession.
Grouse (Ruffed)....................  No open season.
Ptarmigan (Rock, Willow, and White-  Aug. 10-Mar. 31.
 tailed): 20 per day, 40 in
 possession.
 
              Trapping
 
Beaver: 20 beaver per season.......  Nov. 10-Mar. 31.
Coyote: No limit...................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black     Nov. 10-Feb. 28.
 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-May 15.
Otter: No limit....................  Nov. 10-Feb. 28.
Wolf: No limit.....................  Nov. 10-Mar. 31.
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) [Reserved]

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
 
Brown Bear: 1 bear by Federal        Dec. 1-Dec. 15.
 registration permit only. Up to 1   Apr. 1-May 15.
 permit may be issued in Akhiok; 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--all lands within the   Aug. 1-Jan. 31.
 Kodiak Archipelago within the
 Kodiak National Wildlife Refuge,
 including lands on Kodiak, Ban,
 Uganik, and Afognak Islands--3
 deer; however, antlerless deer may
 be taken only from Nov. 1-Jan. 31.
Elk: Kodiak, Ban, Uganik, and        Sept. 15-Nov.30.
 Afognak Islands--1 elk per
 household by Federal registration
 permit 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): No limit..........  July 1-June 30.
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

[[Page 442]]

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) 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 Units 9(B) except that portion within the Lake Clark 
National Park and Preserve, 17, 18, and those portions of 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 to take 
beaver in Unit 9(B) from April 1-May 31 and in the remainder of Unit 9 
from April 1-April 30;
    (B) 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;
    (C) 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;
    (D) For Units 9(C) and (E) only, a Federally-qualified subsistence 
user (recipient) of Units 9(C) and (E) may designate another Federally-
qualified subsistence user of Units 9(C) and (E) to take bull caribou 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 and turn over all meat to the recipient. There is no restriction 
on the number of possession limits the designated hunter may have in 
his/her possession at any one time;
    (E) For Unit 9(D), a Federally-qualified subsistence user 
(recipient) may designate another Federally-qualified subsistence user 
to take caribou 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 four harvest limits in his/her 
possession at any one time;
    (F) The communities of False Pass, King Cove, Cold Bay, Sand Point, 
and Nelson Lagoon annually may each take, from October 1 through 
December 31 or May 10 through May 25, one brown bear for ceremonial 
purposes, under the terms of a Federal registration permit.

[[Page 443]]

A permit will be issued to an individual only at the request of a local 
organization. The brown bear may be taken from either Unit 9(D) or Unit 
10 (Unimak Island) only.

------------------------------------------------------------------------
           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 by  Sept. 1-May 31.
     State registration permit only.
    Unit 9(E)--1 bear by Federal     Sept. 25-Dec. 31.
     registration permit.
                                     Apr. 15-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 by  Nov. 15-Feb. 28.
     Federal registration 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)--1 caribou by Federal  Aug. 1-Sept. 30. Nov. 15-Mar. 31.
     registration permit.
    Unit 9(E)--1 bull by Federal     Aug. 10-Sept. 20. Nov. 1-Apr. 30.
     registration 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).
Sheep:
    Unit 9(B)--Residents of          Aug. 10-Oct. 10.
     Iliamna, Newhalen, Nondalton,
     Pedro Bay, Port Alsworth, and
     residents of Lake Clark
     National Park and Preserve
     within Unit 9(B).--1 ram with
     \7/8\ curl horn by Federal
     registration permit only.
    Remainder of Unit 9--1 ram with  Aug. 10-Sept. 20.
     \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 River  Dec. 1-Dec. 31.
     from the north--1 bull.
    Unit 9(C)--that portion          Aug. 20-Sept. 15.
     draining into the Naknek River  Dec. 1-Dec. 31.
     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,
     anterless moose may be taken
     by Federal registration permit
     only. The anterless season
     will be closed when 5
     anterless 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 bull...  Sept. 1-Sept. 15.
                                     Dec. 15-Jan. 15.
    Unit 9(D)--1 bull by Federal     Dec. 15-Jan. 20.
     registration permit. Federal
     public lands will be closed to
     the harvest of moose when a
     total of 10 bulls have been
     harvested between State and
     Federal hunts.
    Unit 9(E)--1 bull..............  Aug. 20-Sept. 20.
                                     Dec. 1-Jan. 20.
Coyote:
    2 coyotes......................  Sept. 1.-Apr. 30.
Fox, Arctic (Blue and White):
    No limit.......................  Dec. 1-Mar. 15.
Fox, Red (including Cross, Black
 and Silver Phases):
    2 foxes........................  Sept. 1-Feb. 15.
Hare (Snowshoe and Tundra):
    No limit.......................  July 1-June 30.
Lynx:
    2 lynx.........................  Nov. 10-Feb. 28.
Wolf:
    10 wolves......................  Aug. 10-Apr. 30.
Wolverine:
    1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce):
    15 per day, 30 in possession...  Aug. 10-Apr. 30.
Ptarmigan (Rock, Willow, and White-
 tailed):
    20 per day, 40 in possession...  Aug. 10-Apr. 30.
              Trapping
Beaver:
    No limit.......................  Oct. 10-Mar. 31.
    2 beaver per day; only firearms  Apr. 15-May 31.
     may be used..

[[Page 444]]

 
Coyote:
    No limit.......................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White):
    No limit.......................  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black
 and Silver Phases):
    No limit.......................  Nov. 10-Feb. 28.
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.
    (iii) In Unit 10--Unimak Island only, a Federally-qualified 
subsistence user (recipient) may designate another Federally-qualified 
subsistence user to take caribou 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 four harvest 
limits in his/her possession at any one time.
    (iv) The communities of False Pass, King Cove, Cold Bay, Sand Point, 
and Nelson Lagoon annually may each take, from October 1 through 
December 31 or May 10 through May 25, one brown bear for ceremonial 
purposes, under the terms of a Federal registration permit. A permit 
will be issued to an individual only at the request of a local 
organization. The brown bear may be taken from either Unit 9(D) or Unit 
10 (Unimak Island) only.

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
 
Caribou:
    Unit 10--Unimak Island only--2   Aug. 1-Sept. 30.
     caribou by Federal              Nov. 15-Mar. 31.
     registration permit only.
    Unit 10--remainder--No limit...  July 1-June 30.
Coyote: 2 coyotes..................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase):  July 1-June 30.
 No limit.
Fox, Red (including Cross, Black     Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Wolf: 5 wolves.....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Mar. 31.
Ptarmigan (Rock and Willow): 20 per  Aug. 10-Apr. 30.
 day, 40 in possession.
 
              Trapping
 
Coyote: 2 coyotes..................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase):  July 1-June 30.
 No limit.
Fox, Red (including Cross, Black     Sept. 1-Feb. 28.
 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.
------------------------------------------------------------------------


[[Page 445]]

    (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) One moose without calf may be taken from June 20-July 31 in the 
Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the 
Batzulnetas Culture Camp. Two hunters from either Chistochina or 
Mentasta Village may be designated by the Mt. Sanford Tribal Consortium 
to receive the Federal subsistence harvest permit. The permit may be 
obtained from a Wrangell-St. Elias National Park and Preserve office.
    (ii) [Reserved]

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears................  July 1-June 30.
Brown Bear: Unit 11-1 bear.........  Aug. 10-June 15.
Caribou: Unit 11...................  No open season.
Sheep:
    1 sheep........................  Aug. 10-Sept. 20.
    1 sheep by Federal registration  Sept. 21-Oct. 20.
     permit only by persons 60
     years of age or older.
Goat: 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 by Federal    Aug. 20-Sept. 20.
 registration permit only.
Beaver: 1 beaver per day, 1 in       June 1-Oct. 10.
 possession.
Coyote: 10 coyotes.................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black     Sept. 1-Feb. 15.
 and Silver Phases): 2 foxes.
Hare (Snowshoe): No limit..........  July 1-June 30.
Lynx: 2 lynx.......................  Dec. 15-Jan. 15.
Wolf: 10 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Jan 31.
Grouse (Spruce, Ruffed, and Sharp-   Aug. 10-Mar. 31.
 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-Jan. 15.
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-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 coyotes or wolves in Unit 12 during 
April and October;
    (C) One moose without calf may be taken from June 20-July 31 in the 
Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the 
Batzulnetas Culture Camp. Two hunters from either Chistochina or 
Mentasta Village may be designated by the Mt. Sanford Tribal Consortium 
to receive the Federal subsistence harvest permit. The permit may be 
obtained from a Wrangell-St. Elias National Park and Preserve office.
    (ii) [Reserved]

[[Page 446]]



------------------------------------------------------------------------
           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 of the     No open season.
     Nabesna River drainage within
     the Wrangell-St. Elias
     National Park and season.
     Preserve and all Federal lands
     south of the Winter Trail
     running southeast from
     Pickerel Lake to the Canadian
     border--The taking of caribou
     is prohibited on Federal
     public lands.
    Unit 12--remainder--1 bull.....  Sept. 1-Sept. 20.
    Unit 12--remainder--1 caribou
     may be taken by a Federal
     registration permit during a
     winter season to be announced.
     Dates for a winter season to
     occur between Oct. 1 and Apr.
     30 and sex of animal to be
     taken will be announced by
     Tetlin National Wildlife
     Refuge Manager in consultation
     with Wrangell-St. Elias
     National Park and Preserve
     Superintendent, Alaska
     Department of Fish and Game
     area biologists, and Chairs of
     the Eastern Interior Regional
     Advisory Council and Upper
     Tanana/Fortymile Fish and Game
     Advisory Committee.
Sheep: 1 ram with full curl horn or  Aug. 10-Sept. 20.
 larger.
Moose:
    Unit 12--that portion within     Aug. 24-Aug. 28.
     the Tetlin National Wildlife    Sept. 8-Sept. 17.
     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. The
     November season is open by
     Federal registration permit
     only.
    Unit 12--that portion lying      Aug. 24-Sept. 30.
     east of the Nabesna River and
     Nabesna Glacier and south of
     the Winter Trail running
     southeast from Pickerel Lake
     to the Canadian border--1
     antlered bull.
    Unit 12--remainder--1 antlered   Aug. 15-Aug. 28.
     bull with spike/fork antlers.
    Unit 12--remainder--1 antlered   Sept. 1-Sept. 15.
     bull..
Beaver: Unit 12--Wrangell-Saint      Sept. 20-May 15.
 Elias National Park and Preserve--
 6 beaver per season. Meat from
 harvested. beaver must be salvaged
 for human consumption.
Coyote: 10 coyotes.................  Aug. 10-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): No limit..........  July 1-June 30.
Lynx: 2 lynx.......................  Nov. 1-Mar. 15.
Wolf: 10 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Mar. 31
Grouse (Spruce, Ruffed, and Sharp-   Aug. 10-Mar. 31.
 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. Only   Sept. 20-May 15.
 firearms may be used during Sept.
 20-Oct. 31 and Apr. 16-May 15, to
 take up to 6 beaver. Only traps or
 snares may be used Nov. 1-Apr. 15.
 The total annual harvest limit for
 beaver is 15, of which no more
 than 6 may be taken by firearm
 under trapping or hunting
 regulations. Meat from beaver
 harvested by firearm must be
 salvaged for human consumption..
Coyote: No limit...................  Oct. 15-Apr. 30.
Fox, Red (including Cross, Black     Nov. 1-Feb. 28.
 and Silver Phases): No limit.
Lynx: No limit; however, no more     Nov. 1-Jan. 31.
 than 5 lynx may be taken between
 Nov. 1 and Nov. 30.
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

[[Page 447]]

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 and east bank of the Talkeetna 
River including the Talkeetna River to its confluence with Clear Creek, 
the eastside drainages of a line going up the south bank of Clear Creek 
to the first unnamed creek on the south, then up that creek to lake 
4408, along the northeast shore of lake 4408, then southeast in a 
straight line to the northern most fork of the Chickaloon River; the 
drainages into the east bank of the Chickaloon River below the line from 
lake 4408; 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 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 (m)(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 Cantwell 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

[[Page 448]]

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;
    (D) You may not use any motorized vehicle or pack animal for 
hunting, including the transportation of hunters, their hunting gear, 
and/or parts of game from July 26 to September 30 in the Tonsina 
Controlled Use Area. The Tonsina Controlled Use Area consists of that 
portion of Unit 13(D) bounded on the west by the Richardson Highway from 
the Tiekel River to the Tonsina River at Tonsina, on the north along the 
south bank of the Tonsina River to where the Edgerton Highway crosses 
the Tonsina River, then along the Edgeton Highway to Chitina, on the 
east by the Copper River from Chitina to the Tiekel River, and on the 
south by the north bank of the Tiekel River.
    (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.
Brown Bear:
    1 bear. Bears taken within       Aug. 10-May 31.
     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:
    Unit 13(A)and (B)--2 caribou by  Aug. 10-Sept. 30.
     Federal registration permit     Oct. 21-Mar. 31.
     only. Only bulls may be taken
     during the Aug. 10-Sept. 30.
     season. During the winter
     season (Oct. 21-Mar. 31), the
     sex of animals that may be
     taken will be announced by the
     Glennallen Field Office
     Manager of the Bureau of Land
     Management in consultation
     with the Alaska Department of
     Fish and Game area biologist
     and Chairs of the Eastern
     Interior Regional Advisory
     Council and the Southcentral
     Regional Advisory Council.
    Unit 13--remainder--2 bulls by   Aug. 10-Sept. 30.
     Federal registration permit     Oct. 21-Mar. 31.
     only.
Hunting 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 13(D)    Aug. 10-Sept. 20.
     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 Federalregistration
     permit only; only 1 permit
     will be issued per household.
    Unit 13--remainder--1 antlered   Aug. 1-Sept. 20.
     bull moose by Federal
     registration permit only.
Beaver:
    1 beaver per day, 1 in           June 15-Sept. 10.
     possession.
Coyote:
    2 coyotes......................  Sept. 1-Apr. 30.
Fox, Red (including Cross, Black
 and Silver Phases):
    2 foxes........................  Sept. 1-Feb. 15
Hare (Snowshoe):
    No limit.......................  July 1-June 30
Lynx:
    2 lynx.........................  Dec. 15-Jan. 15.
Wolf:
    10 wolves......................  Aug. 10-Apr. 30.
Wolverine:
    1 wolverine....................  Sept. 1-Jan. 31.
Grouse (Spruce, Ruffed, and Sharp-
 tailed):
    15 per day, 30 in possession...  Aug. 10-Mar. 31.
Ptarmigan (Rock, Willow, and White-
 tailed):
    20 per day, 40 in possession...  Aug. 10-Mar. 31.
              Trapping
Beaver:
    No limit.......................  Oct. 10-May 15.
Coyote:

[[Page 449]]

 
    No limit.......................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black
 and Silver Phases):
    No limit.......................  Nov. 10-Feb. 28.
Lynx:
    No limit.......................  Dec. 1-Jan. 15.
Marten:
    Unit 13(A-D)--No limit.........  Nov. 10-Feb. 28.
    Unit 13--remainder--No limit...  Nov. 10-Jan. 31.
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.......................  Oct. 15-Apr. 30.
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 
and west bank of the Talkeetna River to its confluence with Clear Creek, 
the westside drainages of a line going up the south bank of Clear Creek 
to the first unnamed creek on the south, then up that creek to lake 
4408, along the northeast shore of lake 4408, then southeast in a 
straight line to the northern most fork of the Chickaloon River:
    (A) Unit 14(A) consists of drainages in Unit 14 bounded on the west 
by the east bank of the Susitna River, on the north by the north bank of 
Willow Creek and Peters Creek to its headwaters, then east along the 
hydrologic divide separating the Susitna River and Knik Arm drainages to 
the outlet creek at lake 4408, 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.
Beaver: Unit 14(C)--1 beaver per     May 15-Oct. 31.
 day, 1 in possession.
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): Unit 14(C)--5       Sept. 8-Apr. 30.
 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 and Ruffed): Unit     Sept. 8-Mar. 31.
 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.
 

[[Page 450]]

 
              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.
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 00' W. crosses the coastline of Chickaloon Bay 
in Turnagain Arm, including that area lying west of longitude line 
150 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 
north bank of the Kenai River and the north shore of Skilak Lake;
    (B) Unit 15(B) consists of that portion of Unit 15 south of the 
north bank of the Kenai River and the north shore of Skilak Lake, and 
north of the north bank of the Kasilof River, the north shore of 
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.

------------------------------------------------------------------------
           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)--Skilak Loop          No open season.
     Wildlife Management Area.
    Unit 15(A)--remainder, Unit      Aug. 10-Sept. 20.
     15(B), and (C)--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.
Coyote:
    No limit.......................  Sept. 1-Apr. 30.
Hare (Snowshoe):
    No limit.......................  July 1-June 30.
Wolf:
    Unit 15--that portion within     Aug. 10-Apr. 30.
     the Kenai National Wildlife
     Refuge--2 wolves.

[[Page 451]]

 
    Unit 15--remainder--5 wolves...  Aug. 10-Apr. 30.
Wolverine:
    1 Wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce):
    15 per day, 30 in possession...  Aug. 10-Mar. 31.
Grouse (Ruffed)                      No open season.
Ptarmigan (Rock, Willow, and White-
 tailed):
    Unit 15(A) and (B)--20 per day,  Aug. 10-Mar. 31.
     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...........  Nov. 10-Mar. 31.
Coyote:
    No limit.......................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black
 and Silver Phases):
     Fox...........................  Nov. 10-Feb. 28.
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--No limit..............  Nov. 10-Feb. 28.
Wolf:
    No limit.......................  Nov. 10-Mar. 31.
Wolverine:
    Unit 15(B) and (C)--No limit...  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (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 (m)(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 moose;  Sept. 1-Sept. 30.
     however, antlerless moose may   Dec. 1-Feb. 28.
     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
 and Silver Phases):

[[Page 452]]

 
    2 foxes........................  Sept. 1-Feb. 15.
Hare (Snowshoe):
    No limit.......................  July 1-June 30.
Lynx:
    2 lynx.........................  Dec. 15-Jan. 15.
Wolf:
    5 wolves.......................  Aug. 10-Apr. 30.
Wolverine:
    1 wolverine....................  Sept. 1-Mar. 31.
Grouse (Spruce and Ruffed):
    15 per day, 30 in possession...  Aug. 10-Mar. 31.
Ptarmigan (Rock, Willow, and White-
 tailed):
    20 per day, 40 in possession...  Aug. 10-Mar. 31.
              Trapping
Beaver:
    No limit.......................  Oct. 10-May 15.
Coyote:
    No limit.......................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black
 and Silver Phases):
    No limit.......................  Nov. 10-Feb. 28.
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 Units 9(B) except that portion within the Lake Clark 
National Park and Preserve, 17, 18, and those portions of 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) For Federal registration permit caribou hunts for Unit 17(A) and 
(C), that portion consisting of the Nushagak Peninsula south of the 
Igushik River, Tuklung River and Tuklung Hills, west to Tvativak Bay, a 
Federally-qualified subsistence user may designate another Federally-
qualified subsistence user to harvest caribou on his or her behalf. The 
designated hunter must obtain a designated hunter permit and must return

[[Page 453]]

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) If you have a trapping license, you may use a firearm to take 
beaver in Unit 17 from April 15-May 31. You may not take beaver with a 
firearm under a trapping license on National Park Service lands.

------------------------------------------------------------------------
           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)--all drainages west   Aug. 1-Mar. 31.
     of Right Hand Point--5
     caribou; however, no more than
     2 bulls may be taken from Oct.
     1--Nov. 30. The season may be
     closed and harvest limit
     reduced for the drainages
     between the Togiak River and
     Right Hand Point by
     announcement of the Togiak
     National Wildlife Refuge
     Manager.
    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--up to 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. The harvest objective,
     harvest limit, and the number
     of permits available will be
     announced by the Togiak
     National Wildlife Refuge
     Manager after consultation
     with the Alaska Department of
     Fish and Game and the Nushagak
     Peninsula Caribou Planning
     Committee. Successful hunters
     must report their harvest to
     the Togiak National Wildlife
     Refuge within 24 hours after
     returning from the field. The
     season may be closed by
     announcement of the Togiak
     National Wildlife Refuge
     Manager.
    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 17(C)- Season to occur between Aug. 1-Mar.
     -remainder--selected             31, harvest limit, and hunt area
     drainages; a harvest limit of    to be announced by the Togiak
     up to 5 caribou will be          National Wildlife Refuge Manager.
     determined at the time the
     season is announced.
Sheep: 1 ram with full curl horn or  Aug. 10-Sept. 20.
 larger.
Moose:
    Unit 17(A)--1 bull by State      Aug. 25-Sept. 20.
     registration permit..
    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.
     During the period Sept. 1-
     Sept. 15, 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. During the period
     Sept. 1-Sept. 15, 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(B)--remainder and 17(C)- Aug. 20-Sept. 15.
     -remainder--1 bull by State     Dec. 1-Dec. 31.
     registration permit. During
     the period Sept. 1-Sept. 15, 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 Phase):  Dec. 1-Mar. 15.
 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: 10 wolves....................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per   Aug. 10-Apr. 30.
 day, 30 in possession.
Ptarmigan (Rock and Willow): 20 per  Aug. 10-Apr. 30.
 day, 40 in possession.
 
              Trapping
 
Beaver:
    Unit 17--No limit..............  Oct. 10-Mar. 31.
        --2 beaver per day. Only     Apr. 15-May 31.
         firearms may be used.
Coyote: No limit...................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase):  Nov. 10-Mar. 31.
 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-Mar. 31.
Wolf: No limit.....................  Nov. 10-Mar. 31.
Wolverine: No limit................  Nov. 10-Feb. 28.
------------------------------------------------------------------------


[[Page 454]]

    (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 Units 9(B) except that portion within the Lake Clark 
National Park and Preserve, 17, 18, and those portions of 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 to take 
beaver in Unit 18 from Apr. 1--Jun. 10;
    (B) You may take caribou from a boat moving under power in Unit 18.

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears................  July 1-June 30.
Brown Bear: 1 bear by State          Sept. 1-May 31.
 registration permit only.
Caribou:
    Unit 18--that portion south of   Aug. 1-Mar. 31.
     the Yukon River--5 caribou .
     Edible meat must remain on the
     bones of the front quarters
     and hind quarters until the
     meat is removed from the field.
    Unit 18--that portion north of   Aug. 1-Mar. 31.
     the Yukon River--5 caribou per
     day.
Moose:
    Unit 18--that portion north and  Sept. 5-Sept. 25.
     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 including  No open season.
     the Kanektok River drainages.
    Unit 18--Kuskokwim River         Aug. 25-Sept. 25. Winter season to
     drainage--1 antlered bull. A     be announced.
     10-day hunt to occur between
     Dec. 1 and Feb. 28 (1 bull,
     evidence of sex required) will
     be opened by announcement.
    Unit 18--remainder--1 antlered   Sept. 1-Sept. 30. Winter season to
     bull. A 10-day hunt to occur     be announced.
     between Dec. 1 and Feb. 28 (1
     bull, evidence of sex
     required) will be opened by
     announcement.
Public lands in Unit 18 are closed
 to the hunting of moose, except by
 Federally-qualified rural Alaska
 residents during seasons
 identified above.
Beaver: No limit...................  July 1-June 30.
Coyote: 2 coyotes..................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase):  Sept. 1-Apr. 30.
 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 and Ruffed): 15 per   Aug. 10-Apr. 30.
 day, 30 in possession.
Ptarmigan (Rock and Willow): 20 per  Aug. 10-May 30.
 day, 40 in possession.
 
              Trapping
 
Beaver: No limit...................  July 1-June 30.
Coyote: No limit...................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase):  Nov. 10-Mar. 31.
 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.

[[Page 455]]

 
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 M1.26 (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:
    (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 (m)(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 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 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 Units 9(B) except that portion within the Lake Clark 
National Park and Preserve, 17, 18, and those portions of 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]

[[Page 456]]



------------------------------------------------------------------------
           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 by
     State registration permit.
    Unit 19(A)--remainder, 19(B)--   Sept. 1-May 31.
     remainder, and Unit 19(D)--1
     bear.
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-Oct. 10.
    Unit 19(D)--south and east of    Aug. 10-Sept. 30.
     the Kuskokwim River and North
     Fork of the Kuskokwim River--1
     caribou.
                                     Nov. 1-Jan. 31.
    Unit 19(D)--remainder--1         Aug. 10-Sept. 30.
     caribou.
    Unit 19--rural Alaska residents  July 1-June 30.
     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 horn or   Aug. 10-Sept. 20.
 larger.
Moose:
    Unit 19--Rural Alaska residents  July 1-June 30.
     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
     upstream from, but not
     including, the Kolmakof River
     drainage and south of the
     Kuskokwim River upstream from,
     but not including, the Holokuk
     River drainage--1 bull.
                                     Nov. 20-. Nov. 30.
                                     Jan. 1- Jan. 10.
                                     Feb. 1-Feb. 5.
    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-Sept. 20.
    Unit 19(C)--1 bull by State      Jan. 15-Feb. 15.
     registration permit.
    Unit 19(D)--that portion of the  Sept. 1-Sept. 30.
     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 Use
     Area--1 bull.
                                     Dec. 1-Feb. 28.
    Unit 19(D)--remainder--1         Sept. 1-Sept. 30.
     antlered bull.
                                     Dec. 1-Dec. 15.
Coyote: 10 coyotes.................  Aug. 10-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): No limit..........  July 1-June 30.
Lynx: 2 lynx.......................  Nov. 1-Feb. 28.
Wolf:
    Unit 19(D)--10 wolves per day..  Aug. 10-Apr. 30.
    Unit 19--remainder--5 wolves...  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-   Aug. 10-Apr. 30.
 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

[[Page 457]]

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 (m)(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 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 firearms, snowmobiles, licensed highway vehicles 
or motorized vehicles, except aircraft and boats in the Dalton Highway 
Corridor Management Area, which consists of those portions of Units 20, 
24, 25, and 26 extending 5 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 only for subsistence taking of wildlife;
    (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

[[Page 458]]

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 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 Isberg Road, then northeasterly on Isberg 
Road to Cripple Creek Road, then northeasterly on Cripple Creek Road to 
the Parks Highway, then north on the Parks Highway to Alder Creek, then 
westerly to the middle fork of Rosie Creek through section 26 to the 
Parks Highway, then east along the Parks Highway to Alder Creek, then 
upstream along Alder Creek to its confluence with Emma Creek, then 
upstream along Emma Creek to its headwaters, then northerly along the 
hydrographic divide between Goldstream Creek drainages and Cripple Creek 
drainages to the summit of Ester Dome, then down Sheep Creek to its 
confluence with Goldstream Creek, then easterly along Goldstream Creek 
to Sheep Creek Road, then north on Sheep Creek Road to Murphy Dome Road, 
then west on Murphy Dome Road to Old Murphy Dome Road, then east on Old 
Murphy Dome Road to the Elliot Highway, then south on the Elliot Highway 
to Goldstream Creek, then easterly along Goldstream Creek to its 
confluence with First Chance Creek, Davidson Ditch, then southeasterly 
along the Davidson Ditch to its confluence with the tributary to 
Goldstream Creek in Section 29, then downstream along the tributary to 
its confluence with Goldstream Creek, then in a straight line to First 
Chance Creek, then up First Chance Creek to Tungsten Hill, then 
southerly along Steele Creek to its confluence with Ruby Creek, then 
upstream along Ruby Creek to Esro Road, then south on Esro Road to Chena 
Hot Springs Road, then east on Chena Hot Springs Road to Nordale Road, 
then south on Nordale Road to the Chena River, to its intersection with 
the Trans-Alaska Pipeline right of way, then southeasterly along the 
easterly edge of the Trans-Alaska 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 the 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 coyotes or 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.

[[Page 459]]



------------------------------------------------------------------------
           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 caribou by joint   Aug. 10-Sept. 30
     State/Federal registration      Nov. 1-Feb. 28.
     permit only. Up to 900 caribou
     may be taken under a State/
     Federal harvest quota. During
     the winter season, area
     closures or hunt restrictions
     may be announced when Nelchina
     caribou are present in a mix
     of more than 1 Nelchina
     caribou to 15 Fortymile
     caribou, except when the
     number of caribou present is
     low enough that less than 50
     Nelchina caribou will be
     harvested regardless of the
     mixing ratio for the two
     herds. 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)--north of the Yukon   Aug. 10-Mar. 31.
     River--1 caribou.
    Unit 20(F)--east of the Dalton   Aug. 10-Sept. 20
     Highway and south of the Yukon  Nov. 1-Mar. 31.
     River--1 caribou. However,
     during the November 1-March 31
     season a State registration
     permit is required.
Moose:
    Unit 20(A)--1 antlered bull....  Sept. 1-Sept. 20.
    Unit 20(B)--that portion within  Sept. 1-Sept. 20
     the Minto Flats Management      Jan. 10-Feb. 28.
     Area--1 bull by Federal
     registration permit only.
    Unit 20(B)--remainder--1         Sept. 1-Sept. 20.
     antlered bull.
    Unit 20(C)--that portion within  Sept. 1-Sept. 30
     Denali National Park and        Nov. 15-Dec. 15.
     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 within  Aug. 20-Sept. 30.
     Yukon Charley National
     Preserve--1 bull.
    Unit 20(E)--that portion         Aug. 24-Aug. 28.
     drained by the Forty-mile       Sept. 1-Sept. 15.
     River (all forks) from Mile
     9\1/2\ to Mile 145 Taylor
     Highway, including the
     Boundary Cutoff Road--1 bull.
    Unit 20(F)--that portion within  Sept. 1-Sept. 25.
     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.                  Dec. 1-Dec. 10.
Beaver: Unit 20(E)--Yukon-Charley    Sept. 20-May 15.
 Rivers National Preserve--6 beaver
 per season. Meat from harvested
 beaver must be salvaged for human
 consumption.
Coyote: 10 coyotes.................  Aug. 10-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): No limit..........  July 1-June 30
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, 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 day,  Aug. 10-Mar. 31.
     30 in possession.
Ptarmigan (Rock and Willow):
    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 day,  Aug. 10-Apr. 30.
     40 in possession.
 
              Trapping
 
Beaver:
    Units 20(A), 20(B), Unit 20(C),  Nov. 1-Apr. 15.
     and 20(F)--No limit.
    Unit 20(D).....................  Nov. 1-Apr. 15.
    Unit 20(E)--25 beaver per        Sept. 20-May 15.
     season. Only firearms may be
     used during Oct. 31 and Apr.
     16-May 15, to take up to 6
     beaver. Only traps or snares
     may be used Nov. 1--Apr. 15.
     The total annual harvest limit
     for beaver is 25, of which no
     more than 6 may be taken by
     firearm under trapping or
     hunting regulations. Meat from
     beaver harvested by firearm
     must be salvaged for human
     consumption..
Coyote:
    Unit 20(E)--No limit...........  Oct. 15-Apr. 30.
    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), and (C)    Dec. 1-Jan. 31.
     east of the Teklanika River--
     No limit..

[[Page 460]]

 
    Unit 20(E)--No limit; however,   Nov. 1-Jan. 31.
     no more than 5 lynx may be
     taken between Nov. 1 and Nov.
     30.
    Unit 20(F) and the remainder of  Nov. 1-Feb. 28.
     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(A, B, C, & F)--No limit  Nov. 1-Apr. 30.
    Unit 20(D)--No limit...........  Oct. 15-Apr. 30.
    Unit 20(E)--No limit...........  Oct. 1-Apr. 30
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 57' N. lat., 
156 41' W. long.), then easterly to the lower forks of 
the Dakli River, then easterly to the confluence of McLanes Creek and 
the Hogatza River, then easterly to the middle of the Hughes airstrip, 
then south to Little Indian River, 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 
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

[[Page 461]]

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) 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 21(D), 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.
    (iv) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30; and in the Koyukuk Controlled Use Area, you may also use bait to 
hunt black bear between September 1 and September 25;
    (B) You may use a firearm to take beaver in Unit 21(E) from Nov. 1-
June 10;
    (C) The 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;
    (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:
    Unit 21(D)--1 bear by State      Sept. 1-June 15.
     registration permit only.
    Unit 21--remainder--1 bear       Sept. 1-May 31.
     every four 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.
    River 1 caribou; however, 2      Winter season to be announced.
     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.

[[Page 462]]

 
    Unit 21(D)--Koyukuk Controlled   Aug. 27-Sept. 20.
     Use Area--1 moose; however,     Winter season to be announced.
     antlerless moose may be taken
     only during Aug. 27-31 and the
     February season. During the
     Aug. 27-Sept. 20 season a
     State registration permit is
     required. Moose may not be
     taken within one-half mile of
     the mainstem Yukon River
     during the February season. A
     10-day winter hunt to occur
     between Feb. 1 and Feb. 28
     will be opened by announcement
     of the Koyukuk/Nowitna
     National Wildlife Refuge
     Manager after consultation
     with the ADF&G area biologist
     and the Chairs of the Western
     Interior Regional Advisory
     Council and Middle Yukon Fish
     and Game Advisory Committee.
    Unit 21(D)--remainder--1 moose;  Sept. 5-Sept. 25.
     however, antlerless moose may   Winter season to be announced.
     be taken only during Sept. 21-
     25 and the February season.
     Moose may not be taken within
     one-half mile of the mainstem
     Yukon River during the
     February season. A 10-day
     winter hunt to occur between
     Feb. 1 and Feb. 28 will be
     opened by announcement of the
     Koyukuk/Nowitna National
     Wildlife Refuge Manager after
     consultation with the ADF&G
     area biologist and the Chairs
     of the Western Interior
     Regional Advisory Council and
     Middle Yukon Fish and Game
     Advisory Committee.
    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.
Beaver:
    Unit 21(E)--No Limit...........  Nov. 1-June 10.
    Unit 21--remainder.............  No open season.
Coyote: 10 coyotes.................  Aug. 10-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, Ruffed, and Sharp-   Aug. 10-Apr. 30.
 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-June 10.
Coyote:............................
    No limit.......................  Nov. 1-Mar. 31.
    Fox, Red (including Cross,
     Black and Silver Phases):.
    No limit.......................  Nov. 1-Feb. 28.
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

[[Page 463]]

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;
    (C) A snowmachine may be used to position a hunter to select 
individual caribou for harvest provided that the animals are not shot 
from a moving snowmachine;
    (D) The taking of one bull moose and one muskox by the community of 
Wales is allowed for the celebration of the Kingikmiut Dance Festival 
under the terms of a Federal registration permit. Permits will be issued 
to individuals only at the request of the Native Village of Wales. The 
harvest may only occur between November 15 and December 31 in Unit 22 
for moose and in Unit 22(E) for muskox. The harvest will count against 
any established quota for the area.

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
 
Black Bear: 3 bears................  July 1-June 30.
Brown Bear:
    Unit 22(A), (B), (D), and (E)--  Aug. 1-May 31.
     1 bear by State registration
     permit only.
    Unit 22(C)--1 bear by State      Aug. 1-Oct. 31.
     registration permit only.       May 10-May 25.
Caribou: Unit 22(A), (B), (D) that   July 1-June 30.
 portion in the Kougaruk, Kuzitrin,
 Pilgrim, American, and Agiapuk
 River Drainages, and (E) east of
 and including the Sanaguich River
 drainage-5 caribou per day;
 however, cow caribou may not be
 taken May 16-June 30.
Moose:
    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)--West of the Darby    Aug. 10-Sept. 23.
     Mountains-1 bull by State
     registration permit. The
     combined State/Federal harvest
     may not exceed 42 moose.
     Federal public lands are
     closed to the taking of moose
     except by Federally-qualified
     subsistence users.
    Unit 22(B)--West of the Darby    Jan. 1-Jan. 31.
     Mountains--1 bull by either
     Federal or State registration
     permit. The total combined
     State/Federal harvest for both
     the Aug/Sept and January
     seasons may not exceed 48
     moose. Federal public lands
     are closed to the taking of
     moose except by residents of
     White Mountain and Golovin.
    Unit 22(B)--Remainder--1 bull..  Aug. 1-Jan.31.
    Unit 22(C)--1 antlered bull....  Sept. 1-Sept. 14.
    Unit 22(D)--That portion within  Aug. 20-Sept. 30.
     the Kougarok, Kuzitrin, and
     Pilgrim River drainages--1
     bull by Federal registration
     permit. The combined State/
     Federal harvest may not exceed
     33 moose. Federal public lands
     are closed to the taking of
     moose except by residents of
     Units 22(D) and 22(C).
    Unit 22(D)--That portion west    Aug. 20-Sept. 30.
     of the Tisuk River drainage
     and Canyon Creek--1 bull by
     Federal registration permit.
     The combined State/Federal
     harvest may not exceed 8 moose.
    Unit 22(D)--That portion west    Dec. 1-Dec. 31.
     of the Tisuk River drainage
     and Canyon Creek--1 bull by
     Federal registration permit.
     The combined State/Federal
     harvest in Aug./Sept. and Dec.
     may not exceed 8 moose.
     Federal public lands are
     closed to the taking of moose
     except by residents of Units
     22(D) and 22(C).
    Unit 22(D)--remainder--1 moose;  Aug. 1-Jan. 31.
     however, antlerless moose may
     be taken only from Dec. 1-Dec.
     31; no person may take a cow
     accompanied by a calf. Federal
     public lands are closed to the
     taking of moose except by
     Federally-qualified
     subsistence users.
    Unit 22(E)--1 bull. Federal      Aug. 1-Dec. 31.
     public lands are closed to the
     taking of moose except by
     Federally-qualified
     subsistence users.
Muskox:
    Unit 22(B)--1 bull by Federal    Aug.1-Mar. 15.
     permit or State Tier II
     permit. Federal public lands
     are closed to the taking of
     muskox except by Federally-
     qualified subsistence users.
     Annual harvest quotas and any
     needed closures will be
     announced by the
     Superintendent of the Western
     Arctic National Parklands, in
     consultation with ADF&G and
     BLM.

[[Page 464]]

 
    Unit 22(D)--That portion west    Sept.1-Mar. 15.
     of the Tisuk River drainage
     and Canyon Creek--1 muskox by
     Federal permit or State Tier
     II permit; however, cows may
     only be taken during the
     period Jan. 1-Mar. 15. Federal
     public lands are closed to the
     taking of muskox except by
     Federally-qualified
     subsistence users. Annual
     harvest quotas and any needed
     closures will be announced by
     the Superintendent of the
     Western Arctic National
     Parklands, in consultation
     with ADF&G and BLM.
    Remainder of Unit 22(D)--1       Aug. 1-Mar. 15.
     muskox by Federal permit or
     State Tier II permit; however,
     cows may only be taken during
     the period Jan. 1-Mar. 15.
     Federal public lands are
     closed to the taking of muskox
     except by Federally-qualified
     subsistence users. Annual
     harvest quotas and any needed
     closures will be announced by
     the Superintendent of the
     Western Arctic National
     Parklands, in consultation
     with ADF&G and BLM.
    Unit 22(E)--1 muskox by Federal  Aug.1-Mar. 15.
     permit or State Tier II
     permit; however, cows may only
     be taken during the period
     Jan. 1-Mar. 15. Federal public
     lands are closed to the taking
     of muskox except by Federally-
     qualified subsistence users.
     Annual harvest quotas and any
     needed closures will be
     announced by the
     Superintendent of the Western
     Arctic National Parklands, in
     consultation with ADF&G and
     BLM.
    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 Phase):  Sept. 1-Apr. 30.
 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): 15 per day, 30 in   Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock and Willow):
    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 (E)--20 per day, 40 in   July 15-May 15.
     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 Phase):  Nov. 1-Apr. 15.
 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.
------------------------------------------------------------------------

    (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, bear, wolves, or wolverine by regularly 
scheduled flights to communities by carriers that normally provide 
scheduled air service;

[[Page 465]]

    (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 moving under power in Unit 23;
    (B) In addition to other restrictions on method of take found in 
this Sec. 100.26, you may also 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;
    (E) A snowmachine may be used to position a hunter to select 
individual caribou for harvest provided that the animals are not shot 
from a moving snowmachine.

------------------------------------------------------------------------
              Harvest limits                        Open season
------------------------------------------------------------------------
                 Hunting
 
Black Bear: 3 bears......................  July 1-June 30.
Brown Bear:
    Unit 23--except the Baldwin Peninsula  Sept. 1-May 31.
     north of the Arctic Circle--1 bear
     by State registration permit.
    Unit 23--remainder--1 bear every four  Sept. 1-Oct. 10.
     regulatory years.                     Apr. 15-May 25.
Caribou: 15 caribou per day; however, cow  July 1-June 30.
 caribou may not be taken May 16-June 30.
Sheep:
    Unit 23--south of Rabbit Creek, Kyak   (a) Aug. 1-Sept. 30. The
     Creek, and the Noatak River, and       season will be closed when
     west of the Cutler and Redstone        half of the total fall/
     Rivers (Baird Mountains)--1 ram with   winter quota has been
     full curl or larger horns by Federal   harvested.
     registration permit. The hunter must  (b) Dates of the winter
     deliver the horns attached to the      season to be announced by
     skull to the National Park Service     Superintendent of the
     or NPS representative within 30 days   Western Arctic National
     of harvesting the animal. The NPS or   Parklands. The season will
     NPS representative will destroy the    be closed on April 1 or when
     trophy value by removing and           the total quota of sheep has
     destroying four inches from the base   been harvested, whichever
     of one horn. The Superintendent of     comes first.
     the Western Arctic National
     Parklands will announce the fall/
     winter harvest quota, if any, prior
     to the the fall season. All harvest
     quota and season announcements will
     be done in consultation with ADF&G
     and BLM. Federal public lands are
     closed to the taking of sheep except
     by Federally-qualified subsistence
     users.
    Unit 23--north of Rabbit Creek, Kyak   (a) Aug. 1-Sept. 30. The
     Creek, and the Noatak River, and       season will be closed when
     west of the Aniuk River (DeLong        half of the total fall/
     Mountains)--1 ram with full curl or    winter quota has been
     larger horns by Federal registration   harvested in the DeLong
     permit. The hunter must deliver the    Mountains.
     horns attached to the skull to the    (b) Dates of the winter
     National Park Service or NPS           season to be announced by
     representative within 30 days of       Superintendent of the
     harvesting the animal. The NPS or      Western Arctic National
     NPS representative will destroy the    Parklands. The season will
     trophy value by removing and           be closed in the DeLong
     destroying 4 inches from the base of   Mountains on April 1 or when
     one horn. The Superintendent of the    the total quota of sheep has
     Western Arctic National Parklands      been harvested, whichever
     will announce the fall/winter          comes first.
     harvest quota, if any, prior to the
     fall season. All harvest quota and
     season announcements will be done in
     consultation with ADF&G and BLM.
    Unit 23--remainder (Schwatka           Aug. 10-Sept. 20.
     Mountains)--1 ram with \7/8\ curl
     horn or larger.

[[Page 466]]

 
    Unit 23--remainder (Schwatka           Oct. 1-Apr. 30.
     Mountains)--1 sheep.
Moose:
    Unit 23--that portion north and west   July 1-Mar. 31.
     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 within     Aug. 1-Sept. 15.
     the Noatak River drainage--1 moose;   Oct. 1-Mar. 31.
     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; no        Aug. 1-Mar. 31.
     person may take a cow accompanied by
     a calf.
Muskox:
    Unit 23--south of Kotzebue Sound and   Aug. 1-Mar. 15.
     west of and including the Buckland
     River drainage--1 muskox by Federal
     permit or State Tier II permit;
     however, cows may only be taken
     during the period Jan. 1-Mar. 15.
     Federal public lands are closed to
     the taking of muskox except by
     Federally-qualified subsistence
     users. Annual harvest quotas and any
     needed closures will be announced by
     the Superintendent of the Western
     Arctic National Parklands, in
     consultation with ADF&G and BLM.
    Unit 23--remainder...................  No open season.
Coyote: 2 coyotes........................  Sept. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2      Sept. 1-Apr. 30.
 foxes.
Fox, Red (including Cross, Black and
 Silver Phases):.
    10 foxes; however, no more than 2      Sept. 1-Mar. 15.
     foxes may be taken prior to Oct. 1.
Hare: (Snowshoe and Tundra)..............
    No limit.............................  July 1-June 30.
Lynx:....................................
    2 lynx...............................  Nov. 1-Apr. 15.
Wolf:....................................
    5 wolves.............................  Nov. 10-Mar. 31.
Wolverine:...............................
    1 wolverine..........................  Sept. 1-Mar. 31.
Grouse (Spruce and Ruffed):..............
    15 per day, 30 in possession.........  Aug. 10-Apr. 30.
Ptarmigan (Rock, Willow, and White-
 tailed):.
    20 per day, 40 in possession.........  Aug. 10-Apr. 30.
 
                 Trapping
 
Beaver:
    Unit 23--the Kobuk and Selawik River   July 1-June 30.
     drainages--50 beaver.
    Unit 23--remainder--30 beaver........  July 1-June 30.
Coyote: No limit.........................  Nov. 1-Apr. 15
Fox, Arctic (Blue and White Phase): No     Nov. 1-Apr. 15.
 limit.
Fox, Red (including Cross, Black and       Nov. 1-Apr. 15.
 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.
------------------------------------------------------------------------

    (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 firearms, snowmobiles, licensed highway vehicles 
or motorized vehicles, except aircraft and boats in the Dalton Highway 
Corridor Management Area, which consists of those portions of Units 20, 
24, 25, and 26 extending 5 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,

[[Page 467]]

Evansville, Stevens Village, and residents living within the Corridor 
may use firearms within the Corridor 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 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 57' N. lat., 156 41' W. long.), 
then easterly to the lower forks of the Dakli River, then easterly to 
the confluence of McLanes Creek and the Hogatza River, then easterly to 
the middle of the Hughes airstrip, then south to Little Indian River, 
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; and in the Koyukuk Controlled Use Area, you may also use bait to 
hunt black bear between September 1 and September 25;
    (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 State       Sept. 1-June 15.
 registration permit.
Caribou:
    Unit 24--that portion south of the     Aug. 10-Mar. 31.
     south bank of the Kanuti River,
     upstream from and including that
     portion of the Kanuti-Kilolitna
     River drainage, bounded by the
     southeast bank of the Kodosin-
     Nolitna Creek, then downstream along
     the east bank of the Kanuti-
     Kilolitna River to its confluence
     with the Kanuti River--1 caribou.
    Remainder of Unit 24--5 caribou per    July 1-June 30.
     day; however, cow caribou may not be
     taken May 16-June 30.

[[Page 468]]

 
Sheep:
    Unit 24--(Anaktuvuk Pass residents     July 15-Dec. 31.
     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 Pass     Aug. 1-Apr. 30.
     residents)--that portion within the
     Gates of the Arctic National Park--3
     sheep.
    Unit 24--that portion within the       Aug. 10-Sept. 20.
     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 \7/8\   Aug. 10-Sept. 20.
     curl horn or larger.
Moose:
    Unit 24--that portion within the       Aug. 27- Sept. 20.
     Koyukuk Controlled Use Area--1        Dec. 1-Dec. 10.
     moose; however, antlerless moose may  Mar. 1-Mar. 10.
     only be taken during the periods of
     Aug. 27-31, Dec. 1-Dec. 10, and Mar.
     1-Mar. 10. During Aug. 27-Sept. 20,
     a State registration permit is
     required.
    Unit 24--that portion that includes    Aug. 1-Dec. 31.
     the John River drainage within the
     Gates of the Arctic National Park--1
     moose.
    Unit 24--the Alatna River drainage     Aug. 25-Dec. 31.
     within the Gates of the Arctic        Mar. 1-Mar. 10.
     National Park--1 moose; however,
     antlerless moose may be taken only
     from Sept. 21-Sept. 25 and Mar. 1-
     Mar. 10.
    Unit 24--all drainages to the north    Aug. 25-Sept. 25.
     of the Koyukuk River upstream from    Mar. 1-Mar. 10.
     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 the       Aug. 25-Sept. 25.
     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 bull.   Aug. 25-Sept. 25.
     Public lands in the Kanuti
     Controlled Use Area are closed to
     taking of moose, except by eligible
     rural Alaska residents.
Coyote: 10 coyotes.......................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and
 Silver Phases):
    10 foxes; however, no more than 2      Sept. 1-Mar. 15.
     foxes may be taken prior to Oct. 1.
Hare (Snowshoe): No limit................  July 1-June 30.
Lynx: 2 lynx.............................  Nov. 1-Feb. 28.
Wolf: 15 wolves; however, no more than 5   Aug. 10-Apr. 30.
 wolves may be taken prior to Nov. 1.
Wolverine: 5 wolverine; however, no more   Sept. 1-Mar. 31.
 than 1 wolverine may be taken prior to
 Nov. 1.
Grouse (Spruce, Ruffed, and Sharp-         Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock and Willow): 20 per day,   Aug. 10-Apr. 30.
 40 in possession.
 
                 Trapping
 
Beaver: No limit.........................  Nov. 1-June 10.
Coyote: No limit.........................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and       Nov. 1-Feb. 28.
 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

[[Page 469]]

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 firearms, snowmobiles, licensed highway vehicles 
or motorized vehicles, except aircraft and boats in the Dalton Highway 
Corridor Management Area, which consists of those portions of Units 20, 
24, 25, and 26 extending 5 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 only for subsistence taking of wildlife;
    (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 
and between August 1 and September 25;
    (B) You may take caribou and moose from a boat moving 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);

[[Page 470]]

    (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 60 bulls.

------------------------------------------------------------------------
           Harvest limits                        Open season
------------------------------------------------------------------------
              Hunting
Black Bear:
    3 bears........................  July 1-June 30.
    or 3 bears by State community    July 1-June 30.
     harvest permit.
Brown Bear:
    Unit 25(A) and (B)--1 bear.....  Sept. 1-June 15.
    Unit 25(C)--1 bear.............  Sept. 1-May 31.
    Unit 25(D)--1 bear.............  July 1-June 30.
Caribou:
    Unit 25(C)--that portion west    Aug. 10-Sept. 20.
     of the east bank of the         Nov. 1-Mar. 31.
     mainstem of Preacher Creek to
     its confluence with American
     Creek, then west of the east
     bank of American Creek--1
     caribou; however cow caribou
     may be taken only from Nov. 1-
     Mar. 31. However, during the
     November 1-March 31 season, a
     State registration permit is
     required.
    25(C)--remainder--1 caribou by   Aug. 10-Sept. 30.
     joint State/Federal             Nov. 1-Feb. 28.
     registration permit only. Up
     to 600 caribou may be taken
     under a State/Federal harvest
     quota. 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 25 (D)--that portion of     Aug. 10-Sept. 30.
     Unit 25(D) drained by the west  Dec. 1-Dec. 31.
     fork of the Dall River west of
     150 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 within  No open season.
     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:
    Unit 25(A)--1 antlered bull....  Aug. 25-Sept. 25.
                                     Dec. 1-Dec. 10.
    Unit 25(B)--that portion within  Aug. 20-Sept. 30.
     Yukon Charley National
     Preserve--1 bull.
    Unit 25(B)--that portion within  Aug. 25-Sept. 30.
     the Porcupine River drainage    Dec. 1-Dec. 10.
     upstream from, but excluding
     the Coleen River drainage--1
     antlered bull.
    Unit 25(B)--that portion, other  Sept. 5-Sept. 30.
     than Yukon Charley National     Dec. 1-Dec. 15.
     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. 15.
     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. Permits will be
     available in the following
     villages: Beaver (25 permits),
     Birch Creek (10 permits), and
     Stevens Village (25 permits).
     Permits for residents of
     25(D)(West) who do not live in
     one of the three villages will
     be available by contacting the
     Yukon Flats National Wildlife
     Refuge Office in Fairbanks or
     a local Refuge Information
     Technician. Moose hunting on
     public land in Unit
     25(D)(West) is closed at all
     times except for residents of
     Unit 25(D)(West) during
     seasons identified above. The
     moose season will be closed
     when 60 moose have been
     harvested in the entirety
     (from Federal and non-Federal
     lands) 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: 10 coyotes.................  Aug. 10-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): No limit..........  July 1-June 30.
Lynx:
    Unit 25(C)--2 lynx.............  Dec. 1-Jan. 31.
    Unit 25--remainder--2 lynx.....  Nov. 1-Feb. 28.
Wolf:

[[Page 471]]

 
    Unit 25(A)--No limit...........  Aug. 10-Apr. 30.
    Remainder of Unit 25--10 wolves  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.............  Sept. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-
 tailed):
    Unit 25(C)--15 per day, 30 in    Aug. 10-Mar. 31.
     possession.
    Unit 25--remainder--15 per day,  Aug. 10-Apr. 30.
     30 in possession.
Ptarmigan (Rock and Willow):
    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 day,  Aug. 10-Apr. 30.
     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-Apr. 30.
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 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 aircraft in any manner for moose hunting, 
including transportation of moose hunters or parts of moose from Aug. 1-
Sept. 14 and from Jan. 1-Mar. 31 in Unit 26(A); however, this does not 
apply to transportation of moose hunters, their gear, or moose parts by 
aircraft between publicly owned airports;
    (B) You may not use firearms, snowmobiles, licensed highway vehicles 
or motorized vehicles, except aircraft and boats in the Dalton Highway 
Corridor Management Area, which consists of those portions of Units 20, 
24, 25, and 26 extending 5 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 only for subsistence taking of wildlife;
    (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

[[Page 472]]

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 moving under power in Unit 26;
    (B) In addition to other restrictions on method of take found in 
this Sec. 100.26, you may also 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 
or muskox 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:
    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 day;  July 1-June 30.
     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 day;  July 1-Apr. 30.
     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 July 15-Dec.
     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    (a) Aug. 1-Sept. 30. The season
     of Howard Pass and the Etivluk   will be closed when half of the
     River (DeLong Mountains)--1      total fall/winter quota has been
     ram with full curl or larger     harvest in the DeLong Mountains.
     horns by Federal registration   (b) Dates of the winter season to
     permit. The hunter must          be announced by the Superintendent
     deliver the horns attached to    of the Western Arctic National
     the skull to the National Park   Parklands. The season will be
     Service or NPS representative    closed in the DeLong Mountains on
     within 30 days of harvesting     April 1 or when the total quota of
     the animal. The NPS or NPS       sheep has been harvested,
     representative will destroy      whichever comes first.
     the trophy value by removing
     and destroying 4 inches from
     the base of one horn. The
     Superintendent of the Western
     Arctic National Parklands will
     announce the fall/winter
     harvest quota, if any, prior
     to the fall season. All
     harvest quota and season
     announcements will be done in
     consultation with ADF&G and
     BLM.
    Unit 26(B)--that portion within  Aug. 10-Sept. 20.
     the Dalton Highway Cooridor
     Management Area--1 ram with \7/
     8\ curl horn or larger by
     Federal registration permit
     only.
    Unit 26(A)--remainder and 26(b)- Aug. 10-Sept. 20.
     -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-   Aug. 10-Apr. 20.
     Sept. 20 season is restricted   Oct. 1-Apr. 30.
     to 1 ram with \7/8\ curl horn
     or larger. A Federal
     registration permit is
     required for the Oct. 1-Apr.
     30 season.
Moose:

[[Page 473]]

 
    Unit 26(A)--that portion of the  Aug. 1-Sept. 14.
     Colville River drainage
     downstream from and including
     the Chandler River--1 bull.
     Federal public lands are
     closed to the taking of moose
     except by Federally qualified
     users.
    Unit 26(A)--remainder--1 bull..  Sept. 1-Sept. 14.
    Unit 26--remainder.............  No open season.
Muskox: Unit 26(C)--1 bull by        July 15-Mar. 31.
 Federal registration permit only.
 The number of permits that may be
 issued only to the residents of
 the village of Kaktovik will not
 exceed three percent (3%) of the
 number of muskoxen counted in Unit
 26(C) during a pre-calving census.
 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 Phase):  Sept. 1-Apr. 30.
 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.
Ptarmigan (Rock and Willow): 20 per  Aug. 10-Apr. 30.
 day, 40 in possession.
 
 
              Trapping
 
Coyote: No limit...................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase):  Nov. 1-Apr. 15.
 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.
------------------------------------------------------------------------


[68 FR 38479, June 27, 2003]

    Effective Date Note: At 68 FR 38479, June 27, 2003, Sec. 100.26 was 
added, effective July 1, 2003 through June 30, 2004.



Sec. 100.27  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) [Reserved]
    (c) Methods, means, and general restrictions. (1) Unless otherwise 
specified in this section or under terms of a required subsistence 
fishing permit (as may be modified by this section), 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 longline;
    (xi) A fyke net;
    (xii) A lead;
    (xiii) A herring pound;
    (xiv) A dip net;
    (xv) Jigging gear;
    (xvi) A mechanical jigging machine;
    (xvii) A handline;
    (xviii) A cast net;
    (xix) A rod and reel; and
    (xx) A spear.
    (2) You must include an escape mechanism on all pots used to take 
fish or shellfish. The escape mechanisms are as follows:
    (i) A sidewall, which may include the tunnel, of all shellfish and 
bottomfish

[[Page 474]]

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 6 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 6 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 paragraph (c)(2)(i) of 
this section, 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 6 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 6 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) Except as otherwise provided for in this section, you may not 
obstruct more than one-half the width of any stream with any gear used 
to take fish for subsistence uses.
    (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) Transactions between rural residents. Rural residents may 
exchange in customary trade subsistence-harvested fish, their parts, or 
their eggs, legally taken under the regulations in this part, for cash 
from other rural residents. The Board may recognize regional differences 
and define customary trade differently for separate regions of the 
State.
    (12) Transactions between a rural resident and others. In customary 
trade, a rural resident may trade fish, their parts, or their eggs, 
legally taken under the regulations in this part, for cash from 
individuals other than rural residents if the individual who purchases 
the fish, their parts, or their eggs uses them for personal or family 
consumption. If you are not a rural resident, you may not sell fish, 
their parts, or their eggs taken under the regulations in this part. The 
Board may recognize regional differences and define customary trade 
differently for separate regions of the State.
    (13) No sale to, nor purchase by, fisheries businesses. (i) You may 
not sell fish, their parts, or their eggs taken under the regulations in 
this part to

[[Page 475]]

any individual, business, or organization required to be licensed as a 
fisheries business under Alaska Statute, AS 43.75.011 or to any other 
business as defined under Alaska Statute 43.70.110(1) as part of its 
business transactions.
    (ii) If you are required to be licensed as a fisheries business 
under Alaska Statute AS 43.75.011 or are a business as defined under 
Alaska Statute 43.70.110(1), you may not purchase, receive, or sell 
fish, their parts, or their eggs taken under the regulations in this 
part as part of your business transactions.
    (14) Except as provided elsewhere in this section, you may not take 
rainbow/steelhead trout.
    (15) You may not use fish taken for subsistence use or under 
subsistence regulations in this part as bait for commercial or sport 
fishing purposes.
    (16) You may not accumulate harvest limits authorized in this 
section or Sec. 100.28 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 possession 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) Except as otherwise provided for in this section, 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 are 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 and/or harvest limit 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) Provisions on ADF&G subsistence fishing permits that are more 
restrictive or in conflict with the provisions contained in this section 
do not apply to Federal subsistence users.
    (20) 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 harvest 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.
    (21) The taking of fish from Federal waters is authorized outside of 
published open seasons or harvest limits if the harvested fish will be 
used for food in traditional or religious ceremonies, that are part of 
funerary or mortuary cycles, including memorial potlatches, provided 
that:
    (i) Prior to attempting to take fish, the person (or designee) or 
Tribal Government organizing the ceremony contacts the appropriate 
Federal fisheries manager to provide the nature of the ceremony, the 
parties and/or clans involved, the species and the number of fish to be 
taken, and the Federal waters from which the harvest will occur;
    (ii) The taking does not violate recognized principles of fisheries 
conservation, and uses the methods and means allowable for the 
particular species published in the applicable Federal regulations (the 
Federal fisheries manager will establish the number, species, or place 
of taking if necessary for conservation purposes);
    (iii) Each person who takes fish under this section must, as soon as 
practical, and not more than 15 days after the harvest, submit a written 
report to the appropriate Federal fisheries manager, specifying the 
harvester's name and address, the number and species of fish taken, and 
the date and locations of the taking; and
    (iv) No permit is required for taking under this section; however, 
the harvester must be eligible to harvest the resource under Federal 
regulations.
    (d) Fishing by designated harvest permit. (1) Any species of fish 
that may be taken by subsistence fishing under this

[[Page 476]]

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 harvest 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) The U.S. Fish and Wildlife Service, Office of Subsistence 
Management may issue a permit to harvest fish for a qualifying cultural/
educational program to an organization that has been granted a Federal 
subsistence permit for a similar event within the previous 5 years. A 
qualifying program must have instructors, enrolled students, minimum 
attendance requirements, and standards for successful completion of the 
course. Applications must be submitted to the Office of Subsistence 
Management 60 days prior to the earliest desired date of harvest. 
Permits will be issued for no more than 25 fish per culture/education 
camp. Appeal of a rejected request can be made to the Federal 
Subsistence Board. Application for an initial permit for a qualifying 
cultural/educational program, for a permit when the circumstances have 
changed significantly, when no permit has been issued within the 
previous 5 years, or when there is a request for harvest in excess of 
that provided in this paragraph (e)(2), will be considered by the 
Federal Subsistence Board.
    (3) 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 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. You must 
also return any tags or transmitters that have been attached to fish for 
management and conservation purposes.
    (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-

[[Page 477]]

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 obstruct more than one-half the width of a stream, 
creek, or slough with any gear used to take fish for subsistence uses, 
except from May 15 to July 15 and August 15 to October 31 when taking 
whitefish or pike in streams, creeks, or sloughs within the Kobuk River 
drainage and from May 15 to October 31 in the Selawik River drainage. 
Only one gillnet 100 feet or less in length with a mesh size from 2\1/2\ 
to 4\1/2\ inches may be used per site. You must check your net at least 
once in every 24-hour period.
    (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 Point 
Romanof, including those waters of Alaska surrounding St. Lawrence 
Island and those waters draining into the Bering Sea.
    (i) Unless otherwise restricted in this section, you take fish at 
any time in the Port Clarence District.
    (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 State commercial salmon fishing season, except that from July 15 
through August 1, you may take salmon for subsistence purposes 7 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 a.m. Monday until 8 p.m. Saturday;
    (C) In Subdistricts 1-3, you may take salmon other than chum salmon 
by beach seine during periods established by emergency action.
    (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 must have a subsistence fishing permit 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 Point Romanof 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 W. long., including those waters draining into the 
Arctic Ocean and the Chukchi Sea.
    (i) Unless otherwise restricted in this section, you may take fish 
in the Yukon-Northern Area at any time. You may subsistence fish for 
salmon with rod and reel in the Yukon River drainage 24 hours per day, 7 
days per week, unless rod and reel are specifically restricted by this 
paragraph (i)(3) of this section.
    (ii) For the Yukon River drainage, Federal subsistence fishing 
schedules, openings, closings, and fishing methods are the same as those 
issued for the

[[Page 478]]

subsistence taking of fish under Alaska Statutes (AS 16.05.060), unless 
superseded by a Federal Special Action.
    (iii) In the following locations, you may take salmon during the 
open weekly fishing periods of the State commercial salmon fishing 
season and may not take them for 24 hours before the opening of the 
State commercial salmon fishing season:
    (A) In 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 p.m. Sunday until 6 p.m. Tuesday and from 6 
p.m. Wednesday until 6 p.m. Friday;
    (C) In District 6, excluding the Kantishna River drainage, salmon 
may be taken from 6 p.m. Friday until 6 p.m. Wednesday.
    (iv) During any State 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 p.m. Friday until 6 p.m. Sunday;
    (B) In District 5, excluding the Tozitna River drainage and 
Subdistrict 5-D, salmon may not be taken from 6 p.m. Sunday until 6 p.m. 
Tuesday.
    (v) 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.
    (vi) 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 State commercial salmon fishing season.
    (vii) In Districts 1, 2, and 3:
    (A) After the opening of the State 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 State 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 State 
commercial salmon fishing period.
    (viii) In Subdistrict 4-A after the opening of the State commercial 
salmon fishing season, you may not take salmon for subsistence for 12 
hours immediately before, during, and for 12 hours after each State 
commercial salmon fishing period; however, you may take king salmon 
during the State commercial fishing season, with drift gillnet gear 
only, from 6 p.m. Sunday until 6 p.m. Tuesday and from 6 p.m. Wednesday 
until 6 p.m. Friday.
    (ix) You may not subsistence fish in the following drainages located 
north of the main Yukon River:
    (A) Kanuti River upstream from a point 5 miles downstream of the 
State highway crossing;
    (B) Bonanza Creek;
    (C) Jim River including Prospect and Douglas Creeks.
    (x) You may not subsistence fish in the Delta River.
    (xi) In Beaver Creek downstream from the confluence of Moose Creek, 
a gillnet with mesh size not to exceed 3-inches stretch-measure may be 
used from June 15-September 15. You may subsistence fish for all non-
salmon species but may not target salmon during this time period 
(retention of salmon taken incidentally to non-salmon directed fisheries 
is allowed). From the mouth of Nome Creek downstream to the confluence 
of Moose Creek, only rod and reel may be used. From the mouth of Nome 
Creek downstream to the confluence of O'Brien Creek, the daily harvest 
and possession limit is 5 grayling; from the mouth of O'Brien Creek 
downstream to the confluence of Moose Creek, the daily harvest and 
possession limit is 10 grayling. The Nome Creek drainage of Beaver Creek 
is closed to subsistence fishing for grayling.
    (xii) You may not subsistence fish in the Toklat River drainage from 
August 15 through May 15.
    (xiii) You may take salmon only by gillnet, beach seine, fish wheel, 
or rod and reel, subject to the restrictions set forth in this section.
    (xiv) In District 4, if you are a commercial fisherman, you may not 
take salmon for subsistence purposes during the State commercial salmon 
fishing season using gillnets with mesh larger than six-inches after a 
date specified

[[Page 479]]

by ADF&G emergency order issued between July 10 and July 31.
    (xv) 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.
    (xvi) 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 State 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;
    (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 1 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 4 miles upstream from Anvik, there 
is no minimum distance requirement between fish wheels;
    (D) During the State 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;
    (E) In Birch Creek, gillnet mesh size may not exceed 3-inches 
stretch-measure.
    (xvii) In District 4, from September 21 through May 15, you may use 
jigging gear from shore ice.
    (xviii) 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) Only for salmon in the Tanana River drainage above the mouth of 
the Wood River.
    (xix) Only one subsistence fishing permit will be issued to each 
household per year.
    (xx) 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.
    (xxi) In the Yukon River drainage, chinook (king) salmon must be 
used primarily for human consumption and may not be targeted for dog 
food. Dried chinook salmon may not be used for dogfood anywhere in the 
Yukon River drainage. Whole fish unfit for human consumption (due to 
disease, deterioration, deformities), scraps, and small fish (16 inches 
or less) may be fed to dogs. Also, whole chinook salmon caught 
incidentally during a subsistence chum salmon fishery in the following 
time periods and locations may be fed to dogs:
    (A) After July 10 in the Koyukuk River drainage;
    (B) After August 10, in Subdistrict 5-D, upstream of Circle City.
    (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

[[Page 480]]

Kuskokwim Area at any time without a subsistence fishing permit.
    (ii) For the Kuskokwim area, Federal subsistence fishing schedules, 
openings, closings, and fishing methods are the same as those issued for 
the subsistence taking of fish under Alaska Statutes (AS 16.05.060), 
unless superseded by a Federal Special Action.
    (iii) 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 6 hours after, each 
State open commercial salmon fishing period for District 1.
    (iv) In District 1, Kuskokuak Slough only from June 1 through July 
31, you may not take salmon for 16 hours before and during each State 
open commercial salmon fishing period in the district.
    (v) 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 
State open commercial salmon fishing period in each district.
    (vi) 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 by net gear or fishwheel for 16 hours before, 
during, and 6 hours after each open commercial salmon fishing period in 
the district. You may subsistence fish for salmon with rod and reel 24 
hours per day, 7 days per week, unless rod and reel are specifically 
restricted by this paragraph (i)(4) of this section.
    (vii) 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 6 hours after 
each State open commercial salmon fishing period.
    (viii) 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 6 hours after each State open commercial 
salmon fishing period.
    (ix) 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 6 hours after each State open commercial salmon 
fishing period.
    (x) 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.
    (xi) You may not use an aggregate length of set gillnets or drift 
gillnets in excess of 50 fathoms for taking salmon.
    (xii) 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, handline, or rod and reel.
    (xiii) 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.
    (xiv) 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.
    (xv) The maximum depth of gillnets is as follows:
    (A) Gillnets with 6-inch or smaller mesh may not be more than 45 
meshes in depth;
    (B) Gillnets with greater than 6-inch mesh may not be more than 35 
meshes in depth.
    (xvi) You may take halibut only by a single hand-held line with no 
more than two hooks attached to it.
    (xvii) 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.
    (xviii) Rainbow trout may be taken by only residents of Goodnews 
Bay,

[[Page 481]]

Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak. The following 
restrictions apply:
    (A) You may take rainbow trout only by the use of gillnets, dip 
nets, fyke nets, handline, spear, rod and reel, or jigging through the 
ice;
    (B) You may not use gillnets, dip nets, or fyke nets for targeting 
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;
    (D) There are no harvest limits with handline, spear, rod and reel, 
or jigging.
    (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 State commercial salmon districts, from May 1 through 
May 31 and October 1 through October 31, you may subsistence fish for 
salmon only from 9 a.m. Monday until 9 a.m. Friday. From June 1 through 
September 30, within the waters of a commercial salmon district, you may 
take salmon only during State open commercial salmon fishing periods.
    (iii) In the Egegik River from 9 a.m. June 23 through 9 a.m. July 
17, you may take salmon only from 9 a.m. Tuesday to 9 a.m. Wednesday and 
9 a.m. Saturday to 9 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 by spear in 
the Togiak River excluding its tributaries.
    (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 State 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, rainbow trout, 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. You may take rainbow trout only under 
authority of a Federal subsistence fishing permit; permit conditions and 
systems to receive special protection will be determined by the local 
Federal fisheries manager in consultation with ADF&G and local users.
    (xv) Only one subsistence fishing permit for salmon and one for 
rainbow trout may be issued to each household per year.
    (xvi) In the Togiak River section and the Togiak River drainage, you 
may not possess coho salmon taken under the authority of a subsistence 
fishing permit unless both lobes of the caudal fin (tail) or the dorsal 
fin have been removed.
    (xvii) You may take rainbow trout only by rod and reel or jigging 
gear.

[[Page 482]]

Rainbow trout daily harvest and possession limits are 2 per day/2 in 
possession with no size limit April 10-October 31; 5 per day/5 in 
possession with no size limit November 1-April 9.
    (xviii) If you take rainbow trout incidentally in other subsistence 
net fisheries, or through the ice, you may retain them for subsistence 
purposes.
    (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 East longitude, and south of 54 
36[min] North latitude.
    (i) You may take fish, other than salmon and rainbow/steelhead 
trout, at any time unless restricted under the terms of a subsistence 
fishing permit. If you take rainbow/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 a.m. until 9 p.m. from January 1 through December 31, 
except:
    (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 a State 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-Amlia, 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 of Unalaska Lake, its tributaries and outlet stream;
    (B) The waters between Unalaska and Amaknak Islands, including 
Margaret's Bay, west of a line from the ``Bishop's House'' at 
53 52.64[sec] N. lat., 166 32.30[sec] W. 
long. to a point on Amaknak Island at 53 52.82[sec] N. 
lat., 166 32.13[sec] W. long., and north of line from a 
point south of Agnes Beach at 53 52.28[sec] N. lat., 
166 32.68[sec] W. long. to a point at 53 
52.35[sec] N. lat., 166 32.95[sec] W. long. on Amaknak 
Island;
    (C) 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;
    (D) The waters of Summers and Morris Lakes and their tributaries and 
outlet streams;
    (E) All streams supporting anadromous fish runs that flow into 
Unalaska Bay south of a line from the northern tip of Cape Cheerful to 
the northern tip of Kalekta Point;
    (F) Waters of McLees Lake and its tributaries and outlet stream;
    (G) Waters in Reese Bay from July 1 through July 9, within 500 yards 
of the outlet stream terminus to McLees Lake;
    (H) 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 need 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

[[Page 483]]

record immediately upon taking subsistence-caught fish and must return 
it no later than October 31.
    (xi) The daily harvest limit for halibut is two fish, and the 
possession limit is two daily harvest 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) 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 longitude of the tip of Cape Sarichef and south of the latitude of 
the tip of Cape Menshikof.
    (i) You may take fish, other than salmon and rainbow/steelhead 
trout, at any time unless restricted under the terms of a subsistence 
fishing permit. If you take rainbow/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 State open weekly commercial salmon 
fishing period within a 50-mile radius of the area open to commercial 
salmon fishing, or 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 harvest limit for halibut is two fish and the 
possession limit is two daily harvest limits. You may not 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 
20.22[sec] West longitude (the longitude of the southern entrance to 
Imuya Bay near Kilokak Rocks) and a line extending southeast 
(135) from the tip of Kupreanof Point.
    (i) You may take fish, other than rainbow/steelhead trout, at any 
time, except as may be specified by a subsistence fishing permit. If you 
take rainbow/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 your 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 State 
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.

[[Page 484]]

    (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 harvest limit for halibut is two fish, and the 
possession limit is two daily harvest limits. You may not 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 51.10[min] 
N. lat.), west of 150 W. long., north of 
55 30.00[min] N. lat.; and east of the longitude of the 
southern entrance of Imuya Bay near Kilokak Rocks (156 
20.22[min] W. long.).
    (i) You may take fish, other than salmon and rainbow/steelhead 
trout, at any time unless restricted by the terms of a subsistence 
fishing permit. If you take rainbow/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 State open commercial salmon fishing period. The use 
of skiffs from any type of vessel is allowed;
    (B) From June 1 through September 15, you may use purse seine 
vessels to take salmon only with gillnets, and you 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) Womens Bay closed waters--all waters inside a line from the tip 
of the Nyman Peninsula (5743.23[min] N. lat., 
15231.51[min] W long.), to the northeastern tip of Mary's 
Island (5742.40[min] N. lat., 
15232.00[min] W. long.), to the southeastern shore of 
Womens Bay at 5741.95[min] N. lat., 
15231.50[min] W. long.;
    (B) Buskin River closed waters--all waters inside of a line running 
from a marker on the bluff north of the mouth of the Buskin River at 
approximately 5745.80[min] N. lat, 
15228.38[min] W. long., to a point offshore at 
5745.35[min] N. lat, 15228.15[min] W. 
long., to a marker located onshore south of the river mouth at 
approximately 5745.15[min] N. lat., 
15228.65[min] W. long.;
    (C) All waters closed to commercial salmon fishing within 100 yards 
of the terminus of Selief Bay Creek;
    (D) In Afognak Bay north and west of a line from the tip of Last 
Point to the tip of River Mouth Point;
    (E) From August 15 through September 30, all waters 500 yards 
seaward of the terminus of Little Kitoi Creek;
    (F) 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 State 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 record on your subsistence 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 harvest limit for halibut is two fish, and the 
possession

[[Page 485]]

limit is two daily harvest 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 51[min] 06[sec] N. lat.) and a line extending south 
from Cape Fairfield (148 50[min] 15[sec] W. long.).
    (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 Cook Inlet Area. If you take rainbow/steelhead trout incidentally 
in other subsistence net fisheries, you may retain them for subsistence 
purposes.
    (ii) You may not take grayling or burbot for subsistence purposes.
    (iii) You may take fish by gear listed in this part unless 
restricted in this section or under the terms of a subsistence fishing 
permit (as may be modified by this section).
    (iv) You may only take salmon, Dolly Varden, trout, and char under 
authority of a Federal subsistence fishing permit. Seasons, harvest and 
possession limits, and methods and means for take are the same as for 
the taking of those species under Alaska sport fishing regulations (5 
AAC 56).
    (v) 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 2 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.
    (vi) Gillnets may not be used in freshwater, except for the taking 
of whitefish in the Tyone River drainage or for the taking of smelt.
    (11) Prince William Sound Area. The Prince William Sound Area 
includes all waters and drainages of Alaska between the longitude of 
Cape Fairfield and the longitude of Cape Suckling.
    (i) You may take fish, other than rainbow/steelhead trout, in the 
Prince William Sound Area only under authority of a subsistence fishing 
permit, except that a permit is not required to take eulachon.
    (ii) You may take fish by gear listed in paragraph (c)(1) of this 
part unless restricted in this section or under the terms of a 
subsistence fishing permit.
    (iii) If you catch rainbow/steelhead trout incidentally in other 
subsistence net fisheries, you may retain them for subsistence purposes, 
unless restricted in this section.
    (iv) In the Copper River drainage upstream from Haley Creek, you may 
take salmon only in the waters of the Upper Copper River District, or in 
the vicinity of the Native Village of Batzulnetas.
    (v) In the Upper Copper River District, you may take salmon only by 
fish wheels, rod and reel, or dip nets.
    (vi) Rainbow/steelhead trout and other freshwater fish caught 
incidentally to salmon by fish wheel in the Upper Copper River District 
may be retained.
    (vii) Freshwater fish other than rainbow/steelhead trout caught 
incidentally to salmon by dip net in the Upper Copper River District may 
be retained. Rainbow/steelhead trout caught incidentally to salmon by 
dip net in the Upper Copper River District must be released unharmed to 
the water.
    (viii) You may not possess salmon taken under the authority of an 
Upper Copper River District subsistence fishing permit, or rainbow/
steelhead trout caught incidentally to salmon by fishwheel, unless the 
anal (ventral) fin has been immediately removed from the fish. You must 
immediately record all retained fish on the subsistence permit. 
Immediately means prior to concealing the fish from plain view or 
transporting the fish more than 50 feet from where the fish was removed 
from the water.
    (ix) You may take salmon in the Upper Copper River District only 
from May 15 through September 30.
    (x) The total annual harvest limit for subsistence salmon fishing 
permits in combination for the Glennallen Subdistrict and the Chitina 
Subdistrict is as follows:
    (A) For a household with 1 person, 30 salmon, of which no more than 
5 may be chinook salmon taken by dip net and no more than 5 chinook 
taken by rod and reel;
    (B) For a household with 2 persons, 60 salmon, of which no more than 
5 may be chinook salmon taken by dip net

[[Page 486]]

and no more than 5 chinook taken by rod and reel, plus 10 salmon for 
each additional person in a household over 2 persons, except that the 
household's limit for chinook salmon taken by dip net or rod and reel 
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 1 person, of which no more than 5 may be chinook salmon taken by 
dip net and no more than 5 chinook taken by rod and reel, 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 taken by dip 
net and no more than 5 chinook taken by rod and reel.
    (xi) The following apply to Upper Copper River District subsistence 
salmon fishing permits:
    (A) Only one subsistence fishing permit per subdistrict will be 
issued to each household per year. If a household has been issued 
permits for both subdistricts in the same year, both permits must be in 
your possession and readily available for inspection while fishing or 
transporting subsistence-taken fish in either subdistrict. A qualified 
household may also be issued a Batzulnetas salmon fishery permit in the 
same year;
    (B) Multiple types of gear may be specified on a permit, although 
only one unit of gear may be operated at any one time;
    (C) You must return your permit no later than October 31 of the year 
in which the permit is issued, or you may be denied a permit for the 
following year;
    (D) 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 
Section 100.27(i)(11) and during fishing operations;
    (E) Only the permit holder and the authorized member of the 
household listed on the subsistence permit may take salmon;
    (F) You must personally operate your fish wheel or dip net;
    (G) You may not loan or transfer a subsistence fish wheel or dip net 
permit except as permitted.
    (xii) If you are a fishwheel owner:
    (A) You must register your fish wheel with ADF&G or the Federal 
Subsistence Board;
    (B) 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;
    (C) 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;
    (D) You must remove the fish wheel from the water at the end of the 
permit period;
    (E) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain.
    (xiii) If you are operating a fishwheel:
    (A) You may operate only one fish wheel at any one time;
    (B) You may not set or operate a fish wheel within 75 feet of 
another fish wheel;
    (C) No fish wheel may have more than two baskets;
    (D) If you are a permittee other than the owner, 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 1 inch high, must be attached 
to the fish wheel so that the name and address are plainly visible.
    (xiv) 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 or 
the Federal Subsistence Board 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

[[Page 487]]

subsistence fishing permits issued under this paragraph (i)(11)(xiv):
    (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 for the households listed on the permit; the permittee will 
notify the ADF&G or Federal Subsistence Board 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.
    (xv) You may take salmon in the vicinity of the former Native 
village of Batzulnetas only under the authority of a Batzulnetas 
subsistence salmon fishing permit available from the National Park 
Service under the following conditions:
    (A) You may take salmon only in those waters of the Copper River 
between National Park Service regulatory markers located near the mouth 
of Tanada Creek and approximately one-half mile downstream from that 
mouth and in Tanada Creek between National Park Service regulatory 
markers identifying the open waters of the creek;
    (B) You may use only fish wheels, dip nets, and rod and reel on the 
Copper River and only dip nets, spears, and rod and reel in Tanada 
Creek;
    (C) You may take salmon only from May 15 through September 30 or 
until the season is closed by special action;
    (D) You may retain chinook salmon taken in a fishwheel in the Copper 
River. You may not take chinook salmon in Tanada Creek;
    (E) You must return the permit to the National Park Service no later 
than October 15.
    (xvi) You may take pink salmon for subsistence purposes from 
freshwater with a dip net from May 15 until September 30, 7 days per 
week, with no harvest or possession limits in the following areas:
    (A) Green Island, Knight Island, Chenega Island, Bainbridge Island, 
Evans Island, Elrington Island, Latouche Island, and adjacent islands, 
and the mainland waters from the outer point of Granite Bay located in 
Knight Island Passage to Cape Fairfield;
    (B) Waters north of a line from Porcupine Point to Granite Point, 
and south of a line from Point Lowe to Tongue Point.
    (12) Yakutat Area. The Yakutat Area includes all waters and 
drainages 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 a State opening of commercial salmon net fishing season until 48 
hours after the closure. This applies to each river or bay fishery 
individually.
    (iii) When the length of the weekly State 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, trout (other than steelhead,) and char 
only under authority of a subsistence fishing permit. You may only take 
steelhead trout in the Situk and Ahrnklin Rivers and only under 
authority of a Federal 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.

[[Page 488]]

    (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.
    (xi) With a subsistence fishing permit, you may harvest at any time 
up to 10 Dolly Varden with no minimum size.
    (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/
steelhead trout, in the Southeastern Alaska Area at any time.
    (ii) From July 7 through July 31, you may take sockeye salmon in the 
waters of the Klawock River and Klawock Lake only from 8 a.m. Monday 
until 5 p.m. Friday.
    (iii) You must possess a subsistence fishing permit to take salmon. 
You must possess a Federal subsistence fishing permit to take coho 
salmon, trout, or char. You must possess a Federal subsistence fishing 
permit to take steelhead in Hamilton Bay and Kadake Bay Rivers. You must 
possess a Federal subsistence fishing permit to take eulachon from any 
freshwater stream flowing into fishing Sections 1-C or 1-D.
    (iv) You may take steelhead trout on Prince of Wales Island only 
under the terms of Federal subsistence fishing permits. You must obtain 
a separate permit for the winter and spring seasons.
    (A) The winter season is December 1 through the last day of 
February, with a harvest limit of 2 fish per household. You may use only 
a dip net, spear, or rod and reel with artificial lure or fly. You may 
not use bait. The winter season may be closed when the harvest level cap 
of 100 steelhead for Prince of Wales Island has been reached. You must 
return your winter season permit within 15 days of the close of the 
season and before receiving another permit for a Prince of Wales 
steelhead subsistence fishery. The permit conditions and systems to 
receive special protection will be determined by the local Federal 
fisheries manager in consultation with ADF&G.
    (B) The spring season is March 1 through May 31, with a harvest 
limit of 5 fish per household. You may use only a dip net, spear, or rod 
and reel with artificial lure or fly. You may not use bait. The spring 
season may be closed prior to May 31 if the harvest quota of 600 fish 
minus the number of steelhead harvested in the winter subsistence 
steelhead fishery is reached. You must return your spring season permit 
within 15 days of the close of the season and before receiving another 
permit for a Prince of Wales steelhead subsistence fishery. The permit 
conditions and systems to receive special protection will be determined 
by the local Federal fisheries manager in consultation with ADF&G.
    (v) In the Southeastern Alaska Area, except for sections 3A, 3B, and 
3C and the Stikine and Taku Rivers, you may take coho salmon in 
Southeast Alaska waters under Federal jurisdiction under the terms of a 
Federal subsistence fishing permit. There is no closed season. The daily 
harvest limit is 20 coho salmon per household, and the annual limit is 
40 coho salmon per household. Only dipnets, spears, gaffs, and rod and 
reel may be used. Bait may only be used from September 15 through 
November 15. You may not retain incidentally caught trout and sockeye 
salmon unless taken by gaff or spear.
    (vi) You may take coho salmon in Subdistricts 3(A), (B), and (C) 
only under the terms of a Federal subsistence fishing permit. There is 
no closed season. The daily harvest limit is 20 fish per household. Only 
spears, dip net, and rod and reel may be used. Bait may be used only 
from September 15 through November 15.
    (vii) 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.
    (viii) No permits for the use of nets will be issued for the salmon 
streams flowing across or adjacent to the road systems within the city 
limits of Petersburg, Wrangell, and Sitka.

[[Page 489]]

    (ix) You shall immediately remove the pelvic fins of all salmon when 
taken.
    (x) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (xi) For the Salmon Bay Lake system, the daily harvest and season 
limit per household is 30 sockeye salmon.
    (xii) For Virginia Lake (Mill Creek), the daily harvest limit per 
household is 20 sockeye salmon, and the season limit per household is 40 
sockeye salmon.
    (xiii) For Thoms Creek, the daily harvest limit per household is 20 
sockeye salmon, and the season limit per household is 40 sockeye salmon.
    (xiv) The Sarkar River system above the bridge is closed to the use 
of all nets by both Federally-qualified and non-Federally qualified 
users.
    (xv) Only Federally-qualified subsistence users may harvest sockeye 
salmon in streams draining into Falls Lake Bay, Gut Bay, or Pillar Bay. 
In the Falls Lake Bay and Gut Bay drainages, the possession limit is 10 
sockeye salmon per household. In the Pillar Bay drainage, the individual 
possession limit is 15 sockeye salmon with a household possession limit 
of 25 sockeye salmon.
    (xvi) In Baranof Lake, Florence Lake, Hasselborg Lake and River, 
Mirror Lake, Virginia Lake, and Wilson Lake, in addition to the 
requirement for a Federal subsistence fishing permit, the following 
restrictions for the harvest of Dolly Varden, cutthroat, and rainbow 
trout apply:
    (A) You may harvest at any time up to 10 Dolly Varden of any size;
    (B) You may harvest at any time six cutthroat or rainbow trout in 
combination. You may only retain fish between 11[sec] and 22[sec]. You 
may only use a rod and reel without bait.
    (xvii) In all waters, other than those identified in paragraph 
(i)(13)(xvi) of this section, in addition to the requirement for a 
subsistence fishing permit, you may harvest Dolly Varden and cutthroat 
and rainbow trout in accordance with the seasons and harvest limits 
delineated in the Alaska Administrative Code, 5 AAC 47. You may only use 
a rod and reel without bait unless the use of bait is specifically 
permitted in 5 AAC 47.

[68 FR 7282, Feb. 12, 2003, as amended at 68 FR 22313, Apr. 28, 2003]

    Effective Date Note: At 68 FR 7282, Feb. 12, 2003, Sec. 100.27 was 
added, effective Mar. 1, 2003, through Feb. 29, 2004.



Sec. 100.28  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) [Reserved]
    (c) You may take shellfish for subsistence uses at any time in any 
area of the public lands by any method unless restricted by this 
section.
    (d) 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 or under terms of a 
required subsistence fishing permit (as may be modified by this 
section), you may use the following legal types of gear to take 
shellfish:
    (i) Abalone iron;
    (ii) Diving gear;
    (iii) A grappling hook;
    (iv) A handline;
    (v) A hydraulic clam digger;
    (vi) A mechanical clam digger;
    (vii) A pot;
    (viii) A ring net;
    (ix) A scallop dredge;
    (x) A sea urchin rake;
    (xi) A shovel; and
    (xii) A trawl.
    (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.

[[Page 490]]

    (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. 100.27(c)(2).
    (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.
    (e) 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.
    (4) You 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.
    (f) If a subsistence shellfishing permit is required by this 
section, the following conditions apply unless otherwise specified by 
the subsistence regulations in this section:
    (1) You may not take shellfish for subsistence in excess of the 
limits set out in the permit unless a different limit is specified in 
this section;
    (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) You must complete and submit subsistence fishing reports at the 
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.
    (g) 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

[[Page 491]]

registered. However, if you are a commercial fisherman, you may retain 
shellfish for your own use from your lawfully taken commercial catch.
    (h) You may not take or possess shellfish smaller than the minimum 
legal size limits.
    (i) 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.
    (j)(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 section, unless:
    (i) The shellfish has been taken with gear deployed and retrieved by 
the client or guest who is a federally-qualified subsistence user;
    (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.
    (k) Subsistence shellfish areas and pertinent restrictions--(1) 
Southeastern Alaska-Yakutat Area. No marine waters are currently 
identified under Federal subsistence management jurisdiction.
    (2) Prince William Sound Area. No marine waters are currently 
identified under Federal subsistence management jurisdiction.
    (3) Cook Inlet Area. (i) You may take shellfish for subsistence 
purposes only as allowed in this section (k)(3).
    (ii) You may not take king crab, Dungeness crab, or shrimp for 
subsistence purposes.
    (iii) In the subsistence taking of Tanner crab:
    (A) Male Tanner crab may be taken only from July 15 through March 
15;
    (B) The daily harvest and possession limit is 5 male Tanner crab;
    (C) Only male Tanner crabs 5\1/2\ inches or greater in width of 
shell may be taken or possessed;
    (D) No more than 2 pots per person, regardless of type, with a 
maximum of 2 pots per vessel, regardless of type, may be used to take 
Tanner crab.
    (iv) In the subsistence taking of clams:
    (A) The daily harvest and possession limit for littleneck clams is 
1,000 and the minimum size is 1.5 inches in length;
    (B) The daily harvest and possession limit for butter clams is 700 
and the minimum size is 2.5 inches in length.
    (v) Other than as specified in this section, there are no harvest, 
possession, or size limits for other shellfish, and the season is open 
all year.
    (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 State 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 
crabs per person; only male Dungeness crabs with a shell width of 6\1/2\ 
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 State 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 
with shell width of 7 inches or greater may be taken or possessed;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a 2-week period shall have all bait and bait 
containers removed and all doors secured fully open;

[[Page 492]]

    (C) You may only use one crab pot, which may be of any size, 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 
State 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 
Womens 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 State 
commercial king or Tanner crab fishing season in the location;
    (C) The daily harvest and possession limit is 12 male crabs with a 
shell width 5\1/2\ 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 State 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 
crabs per person; only crabs with a shell width of 5\1/2\ 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 crabs per 
person; only crabs with a shell width of 6\1/2\ inches or greater may be 
taken or possessed;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a 2-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 crabs 
per person; only crabs with a shell width of 5\1/2\ 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 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 N. lat., the daily 
harvest and possession limit is 12 male Dungeness crabs per person.
    (iv) In the subsistence taking of king crab:
    (A) In waters south of 60 N. lat., the daily harvest 
and possession limit is six males crabs 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 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 N. lat., the daily harvest 
and possession limit is 12 male Tanner crabs.

[68 FR 7282, Feb. 12, 2003]

[[Page 493]]


    Effective Date Note: At 68 FR 7282, Feb. 12, 2003, Sec. 100.28 was 
added, effective Mar. 1, 2003, through Feb. 29, 2004.

                        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.
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.

[[Page 494]]

 
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 495]]



                              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.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 497]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2003)

                      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)

                   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)
      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)
     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)

[[Page 498]]

    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)
        LV  National Endowment for the Arts (Part 6501)
       LVI  National Endowment for the Humanitiess (Part 6601)
      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)
     LXVII  Institute of Museum and Library Services (Part 7701)
      LXIX  Tennessee Valley Authority (Part 7901)
      LXXI  Consumer Product Safety Commission (Part 8101)
    LXXIII  Department of Agriculture (Part 8301)
     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--Homeland Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)

[[Page 499]]

                         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)
       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)
        XX  Local Television Loan Guarantee Board (Parts 2200--
                2299)
      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)

[[Page 500]]

      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     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  Department of Homeland Security (Immigration and 
                Naturalization) (Parts 1--599)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1400)

                 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)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Part 1800)

[[Page 501]]

                      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)
        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)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    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)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)

[[Page 502]]

            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)
       VII  Bureau of Industry and Security, 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)

[[Page 503]]

                       Title 19--Customs Duties

         I  Bureau of Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Bureau of Immigration and Customs Enforcement, 
                Department of Homeland Security (Parts 400--599)

                     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  Broadcasting Board of Governors (Parts 500--599)
       VII  Overseas Private Investment Corporation (Parts 700--
                799)
        IX  Foreign Service Grievance Board (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)

[[Page 504]]

       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)

                          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 Housing and 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--1699)

[[Page 505]]

         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)

                           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 (Parts 1000--1199)
       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--899)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--299)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--699)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       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)

[[Page 506]]

      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)
        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            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)
       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  Employee Benefits Security 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)
       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)

[[Page 507]]

            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)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)

                      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)
       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)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (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)

[[Page 508]]

            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)
        XI  National Institute for Literacy (Parts 1100--1199)
            Subtitle C--Regulations Relating to Education
       XII  National Council on Disability (Parts 1200--1299)

                        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)
        XV  Oklahoma City National Memorial Trust (Part 1501)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States 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)

[[Page 509]]

           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)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       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
        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 Service, 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)
       102  Federal Management Regulation (Parts 102-1--102-299)
       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)

[[Page 510]]

       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-70)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
        IV  Centers for Medicare & Medicaid Services, 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)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10005)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (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)

[[Page 511]]

        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)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 1-
                -199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (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)

[[Page 512]]

         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  Broadcasting Board of Governors (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)
        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 (Parts 
                5400--5499)
        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)

[[Page 513]]

                       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 Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (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)
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1599)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        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 515]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2003)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Committee of the Federal Register  1, I
Advanced Research Projects Agency                 32, I
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                            5, LXXIII
  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
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
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 516]]

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
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
Broadcasting Board of Governors                   22, V
  Federal Acquisition Regulation                  48, 19
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
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
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
  Federal Acquisition Regulation                  48, 13
  Fishery Conservation and Management             50, VI
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  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, United States      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
Court Services and Offender Supervision Agency    28, VIII
     for the District of Columbia
Customs and Border Protection Bureau              19, I
Defense Contract Audit Agency                     32, I
Defense Department                                5, XXVI; 32, Subtitle A; 
                                                  40, VII

[[Page 517]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  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
District of Columbia, Court Services and          28, VIII
     Offender Supervision Agency for the
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
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
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, IV, 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                5, III, LXXVII; 14, VI; 
                                                  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

[[Page 518]]

  Trade Representative, Office of the United      15, XX
       States
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
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
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
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 Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
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
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 519]]

  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  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
  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
  Centers for Medicare & Medicaid Services        42, IV
  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
  Human Development Services, Office of           45, XIII
  Indian Health Service                           25, V; 42, I
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  6, I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection Bureau            19, I
  Federal Emergency Management Agency             44, I
  Immigration and Customs Enforcement Bureau      19, IV
  Immigration and Naturalization                  8, I
  Transportation Security Administration          49, XII
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
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  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
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Human Development Services, Office of             45, XIII
Immigration and Customs Enforcement Bureau        19, IV
Immigration and Naturalization                    8, I
Immigration Review, Executive Office for          8, V
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; 42, I
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General

[[Page 520]]

  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
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
  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 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, XI; 40, 
                                                  IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  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
  Employee Benefits Security Administration       29, XXV
  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
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A

[[Page 521]]

  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of 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
Local Television Loan Guarantee Board             7, XX
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  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
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
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 and Community Service, Corporation for   45, XII, XXV
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 Council on Disability                    34, XII
National Counterintelligence Center               32, XVIII
National Credit Union Administration              12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
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 Interstate Low-Level Radioactive Waste  10, XVIII
   Commission
[[Page 522]]

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
Oklahoma City National Memorial Trust             36, XV
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, United States        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 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
  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 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; 28, XI
  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

[[Page 523]]

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
  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
  Federal Motor Carrier Safety Administration     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
  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 Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury Department                               5, XXI; 12, XV; 17, IV; 
                                                  31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection Bureau            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 Service,        41, 61; 20, IX
     Office of the 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 525]]



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, 
2001, 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, 2001, see the ``List of CFR Sections 
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000'' published in 
11 separate volumes.

                                  2001

50 CFR
                                                                   66 FR
                                                                    Page
Chapter I
18.30 (a)(4)(i), (iii), (iv) and (i)(1) introductory text revised; 
        interim.....................................................1907
20 Frameworks...............................................44010, 49478
20.21 (j) revised....................................................742
    (b) and (g) added..............................................32265
20.22 Revised......................................................32265
20.101 Seasonal hunting adjustments................................45732
20.102 Seasonal hunting adjustments................................45732
20.103 Seasonal hunting adjustments................................45733
20.104 Seasonal hunting adjustments; correction.....................1052
    Seasonal hunting adjustments............................45736, 49750
20.105 Seasonal hunting adjustments; correction..............1052, 56780
    Seasonal hunting adjustments............................45737, 49751
20.106 Seasonal hunting adjustments.........................45744, 49767
20.107 Seasonal hunting adjustments; correction.....................1052
    Seasonal hunting adjustments...................................49768
20.109 Seasonal hunting adjustments; correction.....................1052
    Seasonal hunting adjustments............................45745, 49768
20.110 Seasonal hunting adjustments.........................46200, 49776
21.60 (Subpart E) Added............................................32265
23.23 (f) table amended............................................27610
32.7 Amended.......................................................46353
32.20 Amended......................................................46353
32.22 Amended......................................................46353
32.24 Amended......................................................46354
32.27 Amended......................................................46355
32.28 Amended......................................................46355
32.29 Amended......................................................46355
32.31 Amended......................................................46355
32.32 Amended......................................................46356
32.33 Amended......................................................46356
32.34 Amended......................................................46356
32.36 Amended......................................................46357
32.37 Amended......................................................46357
32.38 Amended......................................................46358
32.40 Amended......................................................46358
32.42 Amended......................................................46358
32.43 Amended......................................................46358
32.44 Amended......................................................46359
32.47 Amended......................................................46360
32.49 Amended......................................................46360
32.50 Amended......................................................46360
32.52 Amended......................................................46360
32.53 Amended......................................................46360
32.55 Amended......................................................46361
32.56 Amended......................................................46361
32.57 Amended......................................................46361
32.60 Amended......................................................46361
32.61 Amended......................................................46361
32.62 Amended......................................................46361
32.63 Amended......................................................46361
32.67 Amended......................................................46362
32.69 Amended......................................................46362
32.72 Amended......................................................46363
80.15 Revised......................................................18212
80.27 Added........................................................18212
86 Added............................................................5286

[[Page 526]]

    Regulation at 66 FR 5286 eff. date delayed......................9534
100 Emergency closures and adjustments.......32750, 33642, 54931, 54934, 
                                                            55092, 56610
100.1--100.9 (Subpart A) Revised; interim..........................31536
100.10--100.21 (Subpart B) Revised; interim........................31536
100.22 Revised.....................................................31543
100.23 Revised.....................................................31543
100.24 (a)(2) revised..............................................10145
    (a) introductory text revised..................................31544
    (a)(1) revised.................................................33748
100.25 (c) revised; eff. 3-1-01 through 6-30-01....................10148
    Added..........................................................33755
100.26 Added; eff. 7-1-01 through 6-30-02..........................33759
100.27 Added; eff. 3-1-01 through 2-28-02..........................10148
100.28 Added; eff. 3-1-01 through 2-28-02..........................10148

                                  2002

50 CFR
                                                                   67 FR
                                                                    Page
Chapter I
20 Frameworks...............................................54702, 59110
20.101 Seasonal hunting adjustments................................55627
20.102 Seasonal hunting adjustments................................55628
20.103 Seasonal hunting adjustments................................55629
20.104 Seasonal hunting adjustments..................55635, 59361, 67257
20.105 Seasonal hunting adjustments..................55638, 59362, 67258
20.106 Seasonal hunting adjustments..................55651, 59379, 67275
20.107 Seasonal hunting adjustments.........................55651, 67276
20.109 Seasonal hunting adjustments..................55653, 59380, 67276
20.110 Seasonal hunting adjustments.........................55664, 59388
25.41 Revised......................................................58942
25.43 Revised......................................................58943
32.2 Section heading and (f) revised; (l) added....................58943
32.3 Section heading and (e) revised...............................58943
32.5 Section heading and (e) revised...............................58943
32.6 Section heading and (e) revised...............................58943
32.7 Section heading and introductory text revised; amended........58943
32.22 Amended......................................................58943
32.24 Amended......................................................58943
32.28 Amended......................................................58944
32.29 Amended......................................................58944
32.32 Amended......................................................58944
32.35 Amended......................................................58945
32.37 Amended......................................................58945
32.38 Amended......................................................58946
32.41 Amended......................................................58946
32.42 Amended......................................................58946
32.45 Amended......................................................58946
32.47 Amended......................................................58948
32.50 Amended......................................................58948
32.52 Amended......................................................58948
32.53 Amended......................................................58949
32.55 Amended......................................................58949
32.56 Amended......................................................58949
32.57 Amended......................................................58949
32.60 Amended......................................................58949
32.62 Amended......................................................58950
32.63 Amended......................................................58950
32.64 Amended......................................................58950
32.66 Amended......................................................58951
32.67 Amended......................................................58952
32.69 Amended......................................................58952
32.70 Amended......................................................58952
32.72 Amended......................................................58953
37.47 Amended......................................................38208
84 Added...........................................................49267
92 Added...........................................................53517
100 Emergency closures and adjustments......................42185, 54572
100.1--100.9 (Subpart A) Revised...................................30563
100.10--100.21 (Subpart B) Revised.................................30563
100.22 Revised.....................................................30570
100.23 Revised.....................................................30570
100.24 (a)(2) revised...............................................5893
    (a) introductory text revised..................................30570
    (a)(1) revised.................................................43714
100.25 Revised.....................................................43722
100.26 Added; eff. 7-1-02 through 6-30-03..........................43726
100.27 Added; eff. 3-1-02 through 2-28-03...........................5896
    (i)(11)(xii) and (xiii) correctly added........................36810
100.28 Added; eff. 3-1-02 through 2-28-03...........................5896

[[Page 527]]

                                  2003

  (Regulations published from January 1, 2003, through October 1, 2003)

50
                                                                   68 FR
                                                                    Page
Chapter I
20 Frameworks...............................................51658, 55784
20.2 (e) added.....................................................43027
20.21 (j) revised...................................................1392
20.22 Revised......................................................43027
20.101 Seasonal hunting adjustment..........................51835, 56051
20.102 Seasonal hunting adjustment.................................51836
20.103 Seasonal hunting adjustment.................................51837
20.104 Seasonal hunting adjustments.........................51843, 56051
20.105 Seasonal hunting adjustments.........................51846, 56054
20.106 Seasonal hunting adjustments.........................51859, 56093
20.107 Seasonal hunting adjustments................................56094
20.109 Seasonal hunting adjustments.........................51861, 56094
20.110 Seasonal hunting adjustments.........................51923, 56104
20.132 Revised.....................................................43027
21.11 Revised......................................................43027
92.4 Amended.......................................................43027
92.5 (b) and (d) revised...........................................43027
92.6 Revised.......................................................43027
92.10 (b)(1) revised...............................................43027
92.11 (a) and (b) introductory text revised........................43027
92.20 Added........................................................43028
92.21 Added........................................................43028
92.30 Introductory text added......................................43028
92.31 Added; eff. 7-21-03 to 8-31-03...............................43028
92.32 Added; eff. 7-21-03 to 8-31-03...............................43028
92.33 Added; eff. 7-21-03 to 8-31-03...............................43028
100 Emergency closures and adjustments.........7298, 33402, 38513, 55006
100.6 (b) revised...................................................7704
100.11 (b)(1) amended...............................................7704
100.24 (a)(2) and (3) revised.......................................7279
100.25 Revised.....................................................38475
100.26 Added; eff. 7-1-03 through 6-30-04..........................38479
100.27 Added; eff. 3-1-03 through 2-29-04...........................7282
    (c)(11), (12) and (13) revised.................................22313
100.28 Added; eff. 3-1-03 through 2-29-04...........................7282


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