[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2007 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          50


          Parts 18 to 199

                         Revised as of October 1, 2007


          Wildlife and Fisheries
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2007
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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                            Table of Contents



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

  Title 50:
          Chapter I--United States Fish and Wildlife Service, 
          Department of the Interior                                 3
  Finding Aids:
      Material Approved for Incorporation by Reference........     641
      Table of CFR Titles and Chapters........................     643
      Alphabetical List of Agencies Appearing in the CFR......     661
      List of CFR Sections Affected...........................     671

[[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, 2007), 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.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
effect of incorporation by reference is that the material is treated as 
if it were published in full in the Federal Register (5 U.S.C. 552(a)). 
This material, like any other properly issued regulation, has the force 
of law.
    What is a proper incorporation by reference? The Director of the 
Federal Register will approve an incorporation by reference only when 
the requirements of 1 CFR part 51 are met. Some of the elements on which 
approval is based are:
    (a) The incorporation will substantially reduce the volume of 
material published in the Federal Register.
    (b) The matter incorporated is in fact available to the extent 
necessary to afford fairness and uniformity in the administrative 
process.
    (c) The incorporating document is drafted and submitted for 
publication in accordance with 1 CFR part 51.
    Properly approved incorporations by reference in this volume are 
listed in the Finding Aids at the end of this volume.
    What if the material incorporated by reference cannot be found? If 
you have any problem locating or obtaining a copy of material listed in 
the Finding Aids of this volume as an approved incorporation by 
reference, please contact the agency that issued the regulation 
containing that incorporation. If, after contacting the agency, you find 
the material is not available, please notify the Director of the Federal 
Register, National Archives and Records Administration, Washington DC 
20408, or call 202-741-6010.

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.

[[Page vii]]


REPUBLICATION OF MATERIAL

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

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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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 
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ELECTRONIC SERVICES

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CFR Sections Affected), The United States Government Manual, the Federal 
Register, Public Laws, Public Papers, Weekly Compilation of Presidential 
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    The Office of the Federal Register also offers a free service on the 
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register. The NARA site also contains links to GPO Access.

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

October 1, 2007.

[[Page ix]]



                               THIS TITLE

    Title 50--Fish and Wildlife is composed of nine volumes. The parts 
in these volumes are arranged in the following order: Parts 1-16; part 
17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 17.95), part 17 
(17.96 to 17.99(h)), part 17 (17.99(i) to end of part 17), parts 18-199, 
parts 200-599, parts 600-659 and part 660 to End. The first six volumes 
(parts 1-16, part 17 (17.1 to 17.95(b)), part 17 (17.95(c) to end of 
17.95), part 17 (17.96 to 17.99(h)), part 17 (17.99(i) to end of part 
17), and parts 18-199) contain the current regulations issued under 
chapter I--United States Fish and Wildlife Service, Department of the 
Interior. The seventh 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 eighth and ninth volumes (parts 600-659 and part 660 to End) contain 
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, 2007.

    Alphabetical listings of endangered and threatened wildlife and 
plants appear in Sec. Sec.  17.11 and 17.12.

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

    For this volume, Moja N. Mwaniki was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.

[[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

[[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............................          33
20              Migratory bird hunting......................          35
21              Migratory bird permits......................          55
22              Eagle permits...............................         106
23              Convention on International Trade in 
                    Endangered Species of Wild Fauna and 
                    Flora (CITES)...........................         115
24              Importation and exportation of plants.......         188
            SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM
25              Administrative provisions...................         191
26              Public entry and use........................         199
27              Prohibited acts.............................         206
28              Enforcement, penalty, and procedural 
                    requirements for violations of parts 25, 
                    26, and 27..............................         212
29              Land use management.........................         214
30              Range and feral animal management...........         225
31              Wildlife species management.................         225
32              Hunting and fishing.........................         226
34              Refuge revenue sharing with counties........         443
35              Wilderness preservation and management......         447
36              Alaska National Wildlife Refuges............         450
37              Geological and geophysical exploration of 
                    the coastal plain, Arctic National 
                    Wildlife Refuge, Alaska.................         475

[[Page 4]]

38              Midway Atoll National Wildlife Refuge.......         497
                         SUBCHAPTER D [RESERVED]
        SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS
70              National fish hatcheries....................         501
71              Hunting and fishing on national fish 
                    hatchery areas..........................         502
  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........................         504
81              Conservation of endangered and threatened 
                    species of fish, wildlife, and plants--
                    cooperation with the States.............         513
82              Administrative procedures for grants-in-aid 
                    (Marine Mammal Protection Act of 1972)..         517
83              Rules implementing the Fish and Wildlife 
                    Conservation Act of 1980................         522
84              National Coastal Wetlands Conservation Grant 
                    Program.................................         527
85              Clean Vessel Act Grant Program..............         542
86              Boating Infrastructure Grant (BIG) Program..         551
                 SUBCHAPTER G--MISCELLANEOUS PROVISIONS
90              Feeding depredating migratory waterfowl.....         566
91              Migratory bird hunting and conservation 
                    stamp contest...........................         568
92              Migratory bird subsistence harvest in Alaska         573
                SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS
96-99

[Reserved]

100             Subsistence management regulations for 
                    public lands in Alaska..................         581
101-199

[Reserved]

Appendix A to Chapter I--Codes for the Representation of 
  Names of Countries (Established by the International 
  Organization for Standardization).........................         536

[[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]

 Subpart J_Nonlethal Taking of Marine Mammals Incidental to Oil and Gas 
Exploration, Development, and Production Activities in the Beaufort Sea 
                  and Adjacent Northern Coast of Alaska

18.121 What specified activities does this subpart cover?
18.122 In what specified geographic region does this subpart apply?
18.123 When is this subpart effective?
18.124 How do I obtain a Letter of Authorization?
18.125 What criteria does the Service use to evaluate Letter of 
          Authorization requests?
18.126 What does a Letter of Authorization allow?
18.127 What activities are prohibited?
18.128 What are the mitigation, monitoring, and reporting requirements?
18.129 What are the information collection requirements?

    Authority: 16 U.S.C. 1361 et seq.

    Source: 39 FR 7262, Feb. 25, 1974, unless otherwise noted.

[[Page 6]]



                         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.
    (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 that (a) are composed wholly or in 
some significant respect of natural materials and (b) are significantly 
altered from their natural form and 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.
    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.

[[Page 7]]

    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.
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; 70 FR 48323, Aug. 17, 2005]



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

[[Page 8]]

    (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]



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

[[Page 9]]

knowledge and belief, are complete, true and correct. I understand that 
this affidavit is being submitted for the purpose of inducing the 
Federal Government to permit the importation of ---------- under the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and 
regulations promulgated thereunder, and that any false statements may 
subject me to the criminal penalties of 18 U.S.C. 1001.

    (b) Either one of two exhibits shall be attached to such affidavit, 
and will contain either:
    (1) Records or other available evidence showing that the product 
consists of or is composed in whole or in part of marine mammals taken 
prior to December 21, 1972. Such records or other evidentiary material 
must include information on how, when, where, and by whom the animals 
were taken, what processing has taken place since taking, and the date 
and location of such processing; or
    (2) A statement from a government agency of the country of origin 
exercising jurisdiction over marine mammals that any and all such 
mammals from which the products sought to be imported were derived were 
taken prior to December 21, 1972.
    (c) Service agents, or Customs officers, may refuse to clear marine 
mammals or marine mammal products for importation into the United 
States, pursuant to Sec. 14.53 of this subchapter, until the importer 
can demonstrate, by production of the affidavit referred in above or 
otherwise, that section 102(e) of the Act applies to all affected items.
    (d) This section has no application to any marine mammal or marine 
mammal product intended to be imported pursuant to Sec. 18.21, Sec. 
18.31 or Sec. 18.32 of this part.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



                      Subpart C_General Exceptions



Sec. 18.21  Actions permitted by international treaty, convention,

or agreement.

    The Act and these regulations shall not apply to the extent that 
they are inconsistent with the provisions of any international treaty, 
convention or agreement, or any statute implementing the same, relating 
to the taking or importation of marine mammals or marine mammal 
products, which was existent and in force prior to December 21, 1972, 
and to which the United States was a party. Specifically, the 
regulations in subpart B of this part and the provisions of the Act 
shall not apply to activities carried out pursuant to the Interim 
Convention on the Conservation of North Pacific Fur Seals signed in 
Washington on February 9, 1957, and the Fur Seal Act of 1966, 16 U.S.C. 
1151-1187, as, in each case, from time to time amended.



Sec. 18.22  Taking by Federal, State or local government officials.

    (a) A Federal, State or local government official or employee may 
take a marine mammal in the course of his duties as an official or 
employee and no permit shall be required, if such taking:
    (1) Is accomplished in a humane manner;
    (2) Is for the protection or welfare of such mammal or from the 
protection of the public health or welfare; and
    (3) Includes steps designed to insure return of such mammal, if not 
killed in the course of such taking, to its natural habitat. In 
addition, any such official or employee may, incidental to such taking, 
possess and transport, but not sell or offer for sale, such mammal and 
use any port, harbor or other place under the jurisdiction of the United 
States. All steps reasonably practicable under the circumstances shall 
be taken by any such employee or official to prevent injury or death to 
the marine mammal as the result of such taking.
    (b) Each taking permitted under this section should be included in a 
written report, to be submitted to the Director every six months, 
beginning December 31, 1973. Unless otherwise permitted by the Director, 
the report shall contain a description of:
    (1) The animal involved;
    (2) The circumstances requiring the taking;
    (3) The method of taking;
    (4) The name and official position of the State official or employee 
involved;
    (5) The disposition of the animal, including in cases where the 
animal has

[[Page 10]]

been retained in captivity, a description of the place and means of 
confinement and the measures taken for its maintenance and care; and
    (6) Such other information as the Director may require.

The reports shall be mailed to the Director, U.S. Fish and Wildlife 
Service, U.S. Department of the Interior, Washington, DC 20240.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.23  Native exemptions.

    (a) Taking. Except as otherwise provided in part 403 of this title, 
any Indian, Aleut, or Eskimo who resides in Alaska and who dwells on the 
coast of the North Pacific Ocean or the Arctic Ocean may take any marine 
mammal without a permit, subject to the restrictions contained in this 
section, if such taking is:
    (1) For subsistence purposes, or
    (2) For purposes of creating and selling authentic native articles 
of handicraft and clothing, and
    (3) In each case, not accomplished in a wasteful manner.
    (b) Restrictions. (1) ``Except for a transfer to a duly authorized 
representative of the Regional Director of the U.S. Fish and Wildlife 
Service for scientific research purposes, no marine mammal taken for 
subsistence may be sold or otherwise transferred to any person other 
than an Alaskan Native or delivered, carried, transported, or shipped in 
interstate or foreign commerce, unless:
    (i) It is being sent by an Alaskan Native directly or through a 
registered agent to a tannery registered under paragraph (c) of this 
section for the purpose of processing, and will be returned directly or 
through a registered agent to the Alaskan Native; or
    (ii) It is sold or transferred to a registered agent in Alaska for 
resale or transfer to an Alaskan Native; or
    (iii) It is an edible portion and it is sold in an Alaskan Native 
village or town.
    (2) ``Except for a transfer to a duly authorized representative of 
the Regional Director of the U.S. Fish and Wildlife Service for 
scientific research purposes, no marine mammal taken for purposes of 
creating and selling authentic Native articles of handicraft and 
clothing may be sold or otherwise transferred to any person other than 
an Indian, Aleut or Eskimo, or delivered, carried, transported or 
shipped in interstate or foreign commerce, unless:
    (i) It is being sent by an Indian, Aleut or Eskimo directly or 
through a registered agent to a tannery registered under paragraph (c) 
of this section for the purpose of processing, and will be returned 
directly or through a registered agent to the Indian, Aleut or Eskimo; 
or
    (ii) It is sold or transferred to a registered agent for resale or 
transfer to an Indian, Aleut, or Eskimo; or
    (iii) It has been first transformed into an authentic Native article 
of handicraft or clothing; or
    (iv) It is an edible portion and it is sold (A) in an Alaskan Native 
village or town or (B) to an Alaskan Native for his consumption.
    (c) The restriction in paragraph (b) shall not apply to parts or 
products of the Pacific walrus (Odobenis rosmarus) to the extent that 
the waiver of the moratorium and the approved State/Federal regulations 
relating to the taking and importation of walrus permits the delivery, 
sale, transportation or shipment of parts or products of the Pacific 
walrus in interstate or foreign commerce.
    (d) Any tannery, or person who wishes to act as an agent, within the 
jurisdiction of the United States may apply to the Director for 
registration as a tannery or an agent which may possess and process 
marine mammal products for Indians, Aleuts, or Eskimos. The application 
shall include the following information:
    (1) The name and address of the applicant;
    (2) A description of the applicant's procedures for receiving, 
storing, processing, and shipping materials;
    (3) A proposal for a system of bookkeeping and/or inventory 
segregation by which the applicant could maintain accurate records of 
marine mammals received from Indians, Aleuts, or Eskimos, pursuant to 
this section;
    (4) Such other information as the Director may request;
    (5) A certification in the following language:


[[Page 11]]


    I hereby certify that the foregoing information is complete, true, 
and correct to the best of my knowledge and belief. I understand that 
this information is submitted for the purpose of obtaining the benefit 
of an exception under the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1361-1407) and regulations promulgated thereunder, and that any 
false statement may subject me to the criminal penalties of 18 U.S.C. 
1001.

    (6) The signature of the applicant.

The sufficiency of the application shall be determined by the Director, 
and in that connection, he may waive any requirement for information, or 
require any elaboration or further information deemed necessary. The 
registration of a tannery or other agent shall be subject to the 
conditions as the Director prescribes, which may include, but are not 
limited to provisions regarding records, inventory segregation, reports, 
and inspection. The Director may charge a reasonable fee for such 
applications, including an appropriate apportionment of overhead and 
administrative expenses of the Department of Interior.
    (e) Notwithstanding the preceding provisions of this section, 
whenever, under the Act, the Secretary determines any species or stock 
of marine mammals to be depleted, he may prescribe regulations pursuant 
to section 103 of the Act upon the taking of such marine mammals by any 
Indian, Aleut, or Eskimo and, after promulgation of such regulations, 
all takings of such marine mammals by such person shall conform to such 
regulations.
    (f) Marking, tagging, and reporting. (1) In addition to definitions 
contained in the Act, 50 CFR 18.3, and 50 CFR 18.27, in this paragraph 
(f):
    (i) The term ``marking and tagging'' of marine mammals as specified 
in section 109(i) of the Act refers to the actual physical attachment of 
an approved band or other such marking device or technique to the raw or 
unhandicrafted (including unmarked tanned skins) skin and skull of polar 
bears, the tusks of walruses, and the skin and skull of sea otters; and
    (ii) The term ``reporting'' means the collection by Service 
personnel or the Service's authorized local representatives of 
biological data, harvest data, and other information regarding the 
effect of taking of marine mammals on populations, the collection of 
which the Service determines to be necessary for management purposes. 
Reporting will be done on forms provided by the Service upon 
presentation for marking, tagging, and reporting purposes of the marine 
mammal(s) or specified raw or unhandicrafted parts thereof.
    (2) Notwithstanding the preceding provisions of this section, but 
subject to the provisions and conditions contained in this paragraph, no 
polar bear, walrus, or sea otter, or any parts thereof, taken or 
collected by an Alaskan Native for subsistence purposes or for purposes 
of creating and selling authentic Native articles of handicrafts and 
clothing may be possessed, transported within, or exported from Alaska 
unless the animal(s), or specified parts thereof, have been reported to, 
and properly marked and tagged by, Service personnel or the Service's 
authorized local representative; except:
    (i) An Alaskan Native that harvested or participated in the harvest 
of a polar bear, sea otter, or walrus and who possesses the animal, or 
any parts thereof, may possess the unmarked, untagged, and unreported 
animal(s), or parts thereof, for a period of time not to exceed 30 days 
from the time of taking for the purpose of transporting the specified 
parts to Service personnel or the Service's local authorized 
representative for marking, tagging, and reporting;
    (ii) Alaskan Natives and registered agents/tanneries may possess the 
specified unmarked or untagged raw, unhandicrafted, or tanned parts 
thereof for a period of time not to exceed 180 days from the effective 
date of this rulemaking for the purpose of transporting to Service 
personnel or the Service's local authorized representative for marking 
and tagging if the specified parts thereof were taken or possessed 
between December 21, 1972, and the effective date of this regulation. 
There is no reporting requirement for marine mammals, or specified parts 
thereof, covered by this paragraph.
    (3) Those unmarked, untagged, and unreported specified parts of 
polar bear, walrus, and sea otter, that must be presented to Service 
personnel or an authorized Service representative for

[[Page 12]]

marking, tagging, and reporting are as follows:
    (i) Polar bear--skin and skull.
    (ii) Walrus--tusks.
    (iii) Sea otter--skin and skull.
    (4) The locations where Service personnel or the Service's 
authorized local representative will be available for marking, tagging, 
and reporting purposes will be announced annually by the Alaska Regional 
Director. Local persons authorized to act as representatives for 
marking, tagging, and reporting purposes in the absence of Service 
personnel will also be announced annually by the Alaska Regional 
Director.
    (5) Marks and tags will be attached or applied to the skins, skulls, 
and tusks of the marine mammal(s) in such a manner as to maximize their 
longevity and minimize their adverse effects to the appearance of the 
specified parts that might result due to hindering the tanning or 
handicrafting of skins, or the handicrafting of tusks or skulls. If the 
tag or mark comes off of the specified part the person in possession of 
the part shall have 30 days to present the part and broken tag or other 
marking device to the Service or the Service's authorized local 
representative for remarking or retagging purposes.
    (6) Marks and tags for skins, skulls, and tusks will be provided by 
the Service. They will be numbered for accountability and of such 
design, construction, and material so as to maximize their durability 
and longevity on the specified parts.
    (7) Data collected pursuant to this paragraph will be reported on 
forms provided by the Service and maintained in the Service's Regional 
Office, Anchorage, Alaska. The Service will summarize the data annually 
and make it publicly available. The data will also be included in the 
Service's annual report to Congress as set forth in section 103(f) of 
the Act.
    (8) All items of research (e.g., radio collars, satellite 
transmitters, tags, etc.) that were attached to animals taken by Alaskan 
Natives must be returned to Service personnel or an authorized Service 
representative at the time the animal, or specified unhandicrafted parts 
thereof, are presented for marking, tagging, and reporting. No penalty 
will be imposed under the Act for a violation of this paragraph. 
However, penalties may be sought by the Service under other applicable 
Federal laws governing the possession and use of Federal property.
    (9) Pursuant to this paragraph (f), the following specific 
conditions and provisions apply:
    (i) Marking, tagging, and reporting of polar bears or specified 
parts thereof.
    (A) The skin and skull of an animal must accompany each other when 
presented for marking, tagging, and reporting except that the skin and 
skull of an animal need not be presented together for marking and 
tagging purposes if taken between December 21, 1972, and the effective 
date of this regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting polar bears, or specified parts thereof, for marking and 
tagging: sex of animal, date of kill, and location of kill.
    (C) Both the skin and the skull will be marked and tagged and a 
rudimentary pre-molar tooth may be removed from the skull and retained 
by the Service. The skin must have the sex identifiers, such as vaginal 
orifice, teats, or penal sheath or baculum, either attached to, or 
accompanying the skin.
    (D) The skull must be skinned out and the skin may be frozen or 
unfrozen when presented for marking, tagging, and reporting. If the skin 
is frozen, the sex identifiers, such as vaginal orifice, teats, penal 
sheath or baculum, must be visible.
    (E) Marks and tags must remain affixed to the skin through the 
tanning process and until the skin has been severed into parts for 
crafting into handicrafts or for as long as is practical during the 
handicrafting process.
    (ii) Marking, tagging, and reporting of walrus or specified parts 
thereof.
    (A) The paired tusks of the animal(s) must, to the maximum extent 
practical, accompany each other when presented for marking, tagging, and 
reporting purposes, except that paired tusks need not be presented 
together for marking and tagging purposes if

[[Page 13]]

taken between December 21, 1972, and the effective date of this 
regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting walrus, or specified parts thereof, for marking and tagging: 
date of take, sex of animal, whether live-killed, floating-dead, or 
beach-found, and location of the take or location of animal if found 
floating and dead or beach-found.
    (C) Marks and/or tags must remain affixed to the tusks until they 
have been crafted into a handicraft or for as long as is practical 
during the handicrafting process.
    (iii) Marking, tagging, and reporting of sea otter or specified 
parts thereof.
    (A) The skin and skull of an animal must accompany each other when 
presented for marking, tagging, and reporting, except that the skin and 
skull of an animal need not be presented together if taken between 
December 21, 1972, and the effective date of this regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting sea otters, or specified parts thereof, for marking and 
tagging: date of kill, sex of animal, and location of kill.
    (C) Both the skin and skull will be marked and tagged and a 
rudimentary pre-molar tooth may be removed from the skull and retained 
by the Service. The skin must have the sex identifiers, such as vaginal 
orifice, teats, or penal sheath or baculum, either attached to, or 
accompanying the skin.
    (D) The skull must be skinned out and the skin may be frozen or 
unfrozen when presented for marking, tagging, and reporting. If the skin 
is frozen, the sex identifiers, such as vaginal orifice, teats, or penal 
sheath or baculum, must be visible.
    (E) Marks and tags must remain affixed to the skin through the 
tanning process and until the skin has been severed into parts for 
crafting into handicrafts or for as long as is practical during the 
handicrafting process.
    (10) No person may falsify any information required to be set forth 
on the reporting form when the marine mammal(s), or specified parts 
thereof, are presented as required by these regulations.
    (11) Possession by any person of marine mammal(s), or any parts 
thereof, in violation of the provisions and conditions of this Sec. 
18.23(f) is subject to punishment under the penalties provided for in 
section 105(a)(1) of the Act.
    (12) The information collection requirements contained in this Sec. 
18.23(f) have been approved by the Office of Management and Budget under 
44 U.S.C. 3501 et seq. and assigned clearance number 1018-0066. The 
information is mandatory in order to have the marine mammal parts 
``marked and tagged,'' and thereby made eligible for continued lawful 
possession. Non-response may result in the Service determining the 
wildlife to be illegally possessed and subject the individual to 
penalties under this title.

[39 FR 7262, Feb. 25, 1974, as amended at 40 FR 59444, Dec. 24, 1975; 45 
FR 54057, Aug. 14, 1980; 51 FR 17981, May 16, 1986; 53 FR 24283, June 
28, 1988]



Sec. 18.24  Taking incidental to commercial fishing operations.

    Persons may take marine mammals incidental to commercial fishing 
operations until October 21, 1974: Provided, That such taking is by 
means of equipment and techniques prescribed in regulations issued by 
the Secretary of Commerce. However, any marine mammal taken as an 
incidental catch may not be retained. It shall be the immediate goal 
that the incidental kill or incidental serious injury of marine mammals 
permitted in the course of commercial fishing operations be reduced to 
insignificant levels approaching a zero mortality and serious injury 
rate.



Sec. 18.25  Exempted marine mammals or marine mammal products.

    (a) The provisions of the Act and these regulations shall not apply:
    (1) To any marine mammal taken before December 21, 1972, or
    (2) To any marine mammal product if the marine mammal portion of 
such product consists solely of a marine mammal taken before such date.
    (b) The prohibitions contained in Sec. 18.12(c) (3) and (4) shall 
not apply to marine mammals or marine mammal

[[Page 14]]

products imported into the United States before the date on which notice 
is published in the Federal Register of the proposed rulemaking with 
respect to the designation of the species of stock concerned as depleted 
or endangered:
    (c) Section 18.12(b) shall not apply to articles imported into the 
United States before the effective date of the foreign law making the 
taking or sale, as the case may be, of such marine mammals or marine 
mammal products unlawful.



Sec. 18.26  Collection of certain dead marine mammal parts.

    (a) Any bones, teeth or ivory of any dead marine mammal may be 
collected from a beach or from land within \1/4\ of a mile of the ocean. 
The term ``ocean'' includes bays and estuaries.
    (b) Marine mammal parts so collected may be retained if registered 
within 30 days with an agent of the National Marine Fisheries Service, 
or an agent of the U.S. Fish and Wildlife Service.
    (c) Registration shall include (1) the name of the owner, (2) a 
description of the article to be registered and (3) the date and 
location of collection.
    (d) Title to any marine mammal parts collected under this section is 
not transferable, unless consented to in writing by the agent referred 
to in paragraph (b) of this section.

[39 FR 7262, Feb. 25, 1974, as amended at 51 FR 17981, May 16, 1986]



Sec. 18.27  Regulations governing small takes of marine mammals 

incidental to specified activities.

    (a) Purpose of regulations. The regulations in this section 
implement Section 101(a)(5) of the Marine Mammal Protection Act of 1972, 
as amended, 16 U.S.C. 1371(a)(5), which provides a mechanism for 
allowing, upon request, during periods of not more than five consecutive 
years each, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region.
    (b) Scope of regulations. The taking of small numbers of marine 
mammals under section 101(a)(5) of the Marine Mammal Protection Act may 
be allowed only if the Director of the Fish and Wildlife Service (1) 
finds, based on the best scientific evidence available, that the total 
taking during the specified time period will have a negligible impact on 
the species or stock and will not have an unmitigable adverse impact on 
the availability of the species or stock for subsistence uses; (2) 
prescribes regulations setting forth permissible methods of taking and 
other means of effecting the least practicable adverse impact on the 
species and its habitat and on the availability of the species for 
subsistence uses, paying particular attention to rookeries, mating 
grounds, and areas of similar significance; and (3) prescribes 
regulations pertaining to the monitoring and reporting of such taking.
    Note: The information collection requirement contained in this Sec. 
18.27 has been approved by the Office of Management and Budget under 44 
U.S.C. 3501 et seq. and assigned clearance No. 1018-0070. The 
information is being collected to describe the activity proposed and 
estimate the cumulative impacts of potential takings by all persons 
conducting the activity. The information will be used to evaluate the 
application and determine whether to issue Specific Regulations and, 
subsequently, Letters of Authorization. Response is required to obtain a 
benefit.
    The public reporting burden from this requirement is estimated to 
vary from 2 to 200 hours per response with an average of 10 hours per 
response including time for reviewing instructions, gathering and 
maintaining data, and completing and reviewing applications for specific 
regulations and Letters of Authorization. Direct comments regarding the 
burden estimate or any other aspect of this requirement to the 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, Department of the Interior, Mail Stop--220 ARLSQ, 18th and C 
Streets NW., Washington, DC 20240, and the Office of Management and 
Budget, Paperwork Reduction Project (Clearance No. 1018-0070), 
Washington, DC 20503.
    (c) Definitions. In addition to definitions contained in the Act and 
in 50 CFR 18.3 and unless the context otherwise requires, in this 
section:
    Citizens of the United States and U.S. citizens mean individual U.S. 
citizens or any corporation or similar entity if it is organized under 
the laws of the United States or any governmental unit defined in 16 
U.S.C. 1362(13). U.S. Federal, State and local government

[[Page 15]]

agencies shall also constitute citizens of the United States for 
purposes of this section.
    Incidental, but not intentional, taking means takings which are 
infrequent, unavoidable, or accidental. It does not mean that the taking 
must be unexpected. (Complete definition of take is contained in 50 CFR 
18.3.)
    Negligible impact is an impact resulting from the specified activity 
that cannot be reasonably expected to, and is not reasonably likely to, 
adversely affect the species or stock through effects on annual rates of 
recruitment or survival.
    Small numbers means a portion of a marine mammal species or stock 
whose taking would have a negligible impact on that species or stock.
    Specified activity means any activity, other than commercial 
fishing, which takes place in a specified geographical region and 
potentially involves the taking of small numbers of marine mammals. The 
specified activity and specified geographical region should be 
identified so that the anticipated effects on marine mammals will be 
substantially similar.
    Specified geographical region means an area within which a specified 
activity is conducted and which has similar biogeographic 
characteristics.
    Unmitigable adverse impact means an impact resulting from the 
specified activity (1) that is likely to reduce the availability of the 
species to a level insufficient for a harvest to meet subsistence needs 
by (i) causing the marine mammals to abandon or avoid hunting areas, 
(ii) directly displacing subsistence users, or (iii) placing physical 
barriers between the marine mammals and the subsistence hunters; and (2) 
that cannot be sufficiently mitigated by other measures to increase the 
availability of marine mammals to allow subsistence needs to be met.
    (d) Submission of requests. (1) In order for the Fish and Wildlife 
Service to consider allowing the taking by U.S citizens of small numbers 
of marine mammals incidental to a specified activity, a written request 
must be submitted to the Director, U.S. Fish and Wildlife Service, 
Department of the Interior, Washington, DC 20240. Requests shall include 
the following information on the activity as a whole, which includes, 
but is not limited to, an assessment of total impacts by all persons 
conducting the activity:
    (i) A description of the specific activity or class of activities 
that can be expected to result in incidental taking of marine mammals;
    (ii) The dates and duration of such activity and the specific 
geographical region where it will occur;
    (iii) Based upon the best available scientific information;
    (A) An estimate of the species and numbers of marine mammals likely 
to be taken by age, sex, and reproductive conditions, and the type of 
taking (e.g., disturbance by sound, injury or death resulting from 
collision, etc.) and the number of times such taking is likely to occur;
    (B) A description of the status, distribution, and seasonal 
distribution (when applicable) of the affected species or stocks likely 
to be affected by such activities;
    (C) The anticipated impact of the activity upon the species or 
stocks;
    (D) The anticipated impact of the activity on the availability of 
the species or stocks for subsistence uses;
    (iv) The anticipated impact of the activity upon the habitat of the 
marine mammal populations and the likelihood of restoration of the 
affected habitat;
    (v) The anticipated impact of the loss or modification of the 
habitat on the marine mammal population involved;
    (vi) The availability and feasibility (economic and technological) 
of equipment, methods, and manner of conducting such activity or other 
means of effecting the least practicable adverse impact upon the 
affected species or stocks, their habitat, and, where relevant, on their 
availability for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. (The 
applicant and those conducting the specified activity and the affected 
subsistence users are encouraged to develop mutually agreeable 
mitigating measures that will meet the needs of subsistence users.);
    (vii) Suggested means of accomplishing the necessary monitoring and 
reporting which will result in increased

[[Page 16]]

knowledge of the species through an analysis of the level of taking or 
impacts and suggested means of minimizing burdens by coordinating such 
reporting requirements with other schemes already applicable to persons 
conducting such activity; and
    (viii) Suggested means of learning of, encouraging, and coordinating 
research opportunities, plans and activities relating to reducing such 
incidental taking from such specified activities, and evaluating its 
effects.
    (2) The Director shall determine the adequacy and completeness of a 
request, and if found to be adequate, will invite information, 
suggestions, and comments on the preliminary finding of negligible 
impact and on the proposed specific regulations through notice in the 
Federal Register, newspapers of general circulation, and appropriate 
electronic media in the coastal areas that may be affected by such 
activity. All information and suggestions will be considered by the Fish 
and Wildlife Service in developing final findings and effective specific 
regulations.
    (3) The Director shall evaluate each request to determine, based on 
the best available scientific evidence, whether the total taking will 
have a negligible impact on the species or stock and, where appropriate, 
will not have an unmitigable adverse impact on the availability of such 
species or stock for subsistence uses. If the Director finds that 
mitigating measures would render the impact of the specified activity 
negligible when it would not otherwise satisfy that requirement, the 
Director may make a finding of negligible impact subject to such 
mitigating measures being successfully implemented. Any preliminary 
findings of ``negligible impact'' and ``no unmitigable adverse impact'' 
shall be proposed for public comment along with the proposed specific 
regulations.
    (4) If the Director cannot make a finding that the total taking will 
have a negligible impact in the species or stock or will not have an 
unmitigable adverse impact on the availability of such species or stock 
for subsistence uses, the Director shall publish in the Federal Register 
the negative finding along with the basis for denying the request.
    (e) Specific regulations. (1) Specific regulations will be 
established for each allowed activity which set forth (i) permissible 
methods of taking, (ii) means of effecting the least practicable adverse 
impact on the species and its habitat and on the availability of the 
species for subsistence uses, and (iii) requirements for monitoring and 
reporting.
    (2) Regulations will be established based on the best available 
scientific information. As new information is developed, through 
monitoring, reporting, or research, the regulations may be modified, in 
whole or part, after notice and opportunity for public review.
    (f) Letters of Authorization. (1) A Letter of Authorization, which 
may be issued only to U.S. citizens, is required to conduct activities 
pursuant to any specific regulations established. Requests for Letters 
of Authorization shall be submitted to the Director, U.S. Fish and 
Wildlife Service, Department of the Interior, Washington, DC 20240. The 
information to be submitted in a request may be obtained by writing the 
Director. Once specific regulations are effective, the Service will to 
the maximum extent possible, process subsequent applications for Letters 
of Authorization within 30 days after receipt of the application by the 
Service.
    (2) Issuance of a Letter of Authorization will be based on a 
determination that the level of taking will be consistent with the 
findings made for the total taking allowable under the specific 
regulations.
    (3) Notice of issuance of all Letters of Authorization will be 
published in the Federal Register within 30 days of issuance.
    (4) Letters of Authorization will specify the period of validity and 
any additional terms and conditions appropriate for the specific 
request.
    (5) Letters of Authorization shall be withdrawn or suspended, either 
on an individual or class basis, as appropriate, if, after notice and 
opportunity for public comment, the Director determines: (i) The 
regulations prescribed are not being substantially complied with, or 
(ii) the taking allowed is having, or may have, more

[[Page 17]]

than a negligible impact on the species or stock, or where relevant, an 
unmitigable adverse impact on the availability of the species or stock 
for subsistence uses.
    (6) The requirement for notice and opportunity for public review in 
paragraph (f)(5) of this section shall not apply if the Director 
determines that an emergency exists which poses a significant risk to 
the well-being of the species or stocks of marine mammals concerned.
    (7) A violation of any of the terms and conditions of a Letter of 
Authorization or of the specific regulations may subject the Holder and/
or any individual who is operating under the authority of the Holder's 
Letter of Authorization to penalties provided in the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361-1407).

[48 FR 31225, July 7, 1983, as amended at 54 FR 40348, Sept. 29, 1989; 
55 FR 28765, July 13, 1990; 56 FR 27463, June 14, 1991]



                      Subpart D_Special Exceptions



Sec. 18.30  Polar bear sport-hunted trophy import permits.

    (a) Application procedure. You, as the hunter or heir of the 
hunter's estate, must submit an application for a permit to import a 
trophy of a polar bear taken in Canada to the U.S. Fish and Wildlife 
Service, Office of Management Authority, 4401 N. Fairfax Drive, 
Arlington, Virginia 22203. You must use an official application (Form 3-
200) provided by the Service and must include as an attachment all of 
the following additional information:
    (1) Certification that:
    (i) You or the deceased hunter took the polar bear as a personal 
sport-hunted trophy;
    (ii) You will use the trophy only for personal display purposes;
    (iii) The polar bear was not a pregnant female, a female with 
dependent nursing cub(s) or a nursing cub (such as in a family group), 
or a bear in a den or constructing a den when you took it; and
    (iv) For a polar bear taken after April 30, 1994, you made sure the 
gall bladder and its contents were destroyed;
    (2) Name and address of the person in the United States receiving 
the polar bear trophy if other than yourself;
    (3) For a polar bear received as an inheritance, documentation to 
show that you are the legal heir of the decedent who took the trophy;
    (4) Proof that you or the decedent legally harvested the polar bear 
in Canada as shown by one of the following:
    (i) A copy of the Northwest Territories (NWT) 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

[[Page 18]]

the NWT, that the bear was not taken while part of a family group.
    (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

[[Page 19]]

granted an exception to designated 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]



 Subpart J_Nonlethal Taking of Marine Mammals Incidental to Oil and Gas 
Exploration, Development, and Production Activities in the Beaufort Sea 
                  and Adjacent Northern Coast of Alaska

    Source: 71 FR 43950, Aug. 2, 2006, unless otherwise noted.

    Effective Date Note: At 71 FR 43950, Aug. 2, 2006, Subpart J was 
added, effective Aug. 2, 2006 through Aug. 2, 2011.



Sec. 18.121  What specified activities does this subpart cover?

    Regulations in this subpart apply to the nonlethal incidental, but 
not intentional, take of small numbers of polar bear and Pacific walrus 
by you (U.S. citizens as defined in Sec. 18.27(c)) while engaged in oil 
and gas exploration, development, and production activities in the 
Beaufort Sea and adjacent northern coast of Alaska.



Sec. 18.122  In what specified geographic region does this subpart apply?

    This subpart applies to the specified geographic region defined by a 
north-south line at Barrow, Alaska, and includes all Alaska coastal 
areas, State waters, and Outer Continental Shelf waters east of that 
line to the Canadian border and an area 25 miles inland from Barrow on 
the west to the Canning River on the east. The Arctic National Wildlife 
Refuge is not included in the area covered by this subpart. Figure 1 
shows the area where this subpart applies.

[[Page 30]]

[GRAPHIC] [TIFF OMITTED] TR02AU06.002



Sec. 18.123  When is this subpart effective?

    Regulations in this subpart are effective from August 2, 2006 
through August 2, 2011 for year-round oil and gas exploration, 
development, and production activities.



Sec. 18.124  How do I obtain a Letter of Authorization?

    (a) You must be a U.S. citizen as defined in Sec. 18.27(c).
    (b) If you are conducting an oil and gas exploration, development, 
or production activity in the specified geographic region described in 
Sec. 18.122 that may cause the taking of polar bear or Pacific walrus 
in execution of those activities and you want nonlethal incidental take 
authorization under this rule, you must apply for a Letter of 
Authorization for each exploration activity or a Letter of Authorization 
for activities in each development or production area. You must submit 
the application for authorization to our Alaska Regional Director (see 
50 CFR 2.2 for address) at least 90 days prior to the start of the 
proposed activity.
    (c) Your application for a Letter of Authorization must include the 
following information:
    (1) A description of the activity, the dates and duration of the 
activity, the specific location, and the estimated area affected by that 
activity, i.e., a Plan of Operation.
    (2) A site-specific plan to monitor the effects of the activity on 
the behavior of polar bear and Pacific walrus that may be present during 
the ongoing activities. Your monitoring program must document the 
effects to these marine mammals and estimate the actual level and type 
of take. The monitoring requirements will vary depending on

[[Page 31]]

the activity, the location, and the time of year.
    (3) A site-specific polar bear awareness and interaction plan.
    (4) A Plan of Cooperation to mitigate potential conflicts between 
the proposed activity and subsistence hunting, where relevant. This Plan 
of Cooperation must identify measures to minimize adverse effects on the 
availability of polar bear and Pacific walrus for subsistence uses if 
the activity takes place in or near a traditional subsistence hunting 
area. Some of these measures may include, but are not limited to, 
mitigation measures described in Sec. 18.128.



Sec. 18.125  What criteria does the Service use to evaluate Letter 

of Authorization requests?

    (a) We will evaluate each request for a Letter of Authorization 
based on the specific activity and the specific geographic location. We 
will determine whether the level of activity identified in the request 
exceeds that analyzed by us in making a finding of negligible impact on 
the species and a finding of no unmitigable adverse impact on the 
availability of the species for take for subsistence uses. If the level 
of activity is greater, we will reevaluate our findings to determine if 
those findings continue to be appropriate based on the greater level of 
activity that you have requested. Depending on the results of the 
evaluation, we may grant the authorization, add further conditions, or 
deny the authorization.
    (b) In accordance with Sec. 18.27(f)(5), we will make decisions 
concerning withdrawals of Letters of Authorization, either on an 
individual or class basis, only after notice and opportunity for public 
comment.
    (c) The requirement for notice and public comment in paragraph (b) 
of this section will not apply should we determine that an emergency 
exists that poses a significant risk to the well-being of the species or 
stock of polar bear or Pacific walrus.



Sec. 18.126  What does a Letter of Authorization allow?

    (a) Your Letter of Authorization may allow the nonlethal incidental, 
but not intentional, take of polar bear and Pacific walrus when you are 
carrying out one or more of the following activities:
    (1) Conducting geological and geophysical surveys and associated 
activities;
    (2) Drilling exploratory wells and associated activities;
    (3) Developing oil fields and associated activities;
    (4) Drilling production wells and performing production support 
operations;
    (5) Conducting environmental monitoring activities associated with 
exploration, development, and production activities to determine 
specific impacts of each activity;
    (6) Conducting restoration, remediation, demobilization programs, 
and associated activities.
    (b) You must use methods and conduct activities identified in your 
Letter of Authorization in a manner that minimizes to the greatest 
extent practicable adverse impacts on polar bear and Pacific walrus, 
their habitat, and on the availability of these marine mammals for 
subsistence uses.
    (c) Each Letter of Authorization will identify conditions or methods 
that are specific to the activity and location.



Sec. 18.127  What activities are prohibited?

    (a) Intentional take and lethal incidental take of polar bear or 
Pacific walrus; and
    (b) Any take that fails to comply with this part or with the terms 
and conditions of your Letter of Authorization.



Sec. 18.128  What are the mitigation, monitoring, and reporting

requirements?

    (a) We require holders of Letters of Authorization to cooperate with 
us and other designated Federal, State, and local agencies to monitor 
the impacts of oil and gas exploration, development, and production 
activities on polar bear and Pacific walrus.
    (b) Holders of Letters of Authorization must designate a qualified 
individual or individuals to observe, record, and report on the effects 
of their activities on polar bear and Pacific walrus.

[[Page 32]]

    (c) All holders of Letters of Authorization are required to have an 
approved polar bear and/or walrus interaction plan on file with the 
Service and on-site, and polar bear awareness training will also be 
required of certain personnel. Interaction plans must include:
    (1) The type of activity and, where and when the activity will 
occur, i.e., a Plan of Operation;
    (2) A food and waste management plan;
    (3) Personnel training materials and procedures;
    (4) Site at-risk locations and situations;
    (5) Walrus/bear observation and reporting procedures; and
    (6) Bear/walrus avoidance and encounter procedures.
    (d) All applicants for a Letter of Authorization must contact 
affected subsistence communities to discuss potential conflicts caused 
by location, timing, and methods of proposed operations and submit to us 
a record of communication that documents these discussions. If 
appropriate, the applicant for a Letter of Authorization must also 
submit to us a Plan of Cooperation that ensures that activities will not 
interfere with subsistence hunting and that adverse effects on the 
availability of polar bear or Pacific walrus are minimized.
    (e) Mitigation measures that may be required on a case-by-case basis 
include:
    (1) The use of trained marine mammal monitors associated with marine 
activities. We may require a monitor on the site of the activity or on 
board drill ships, drill rigs, aircraft, icebreakers, or other support 
vessels or vehicles to monitor the impacts of Industry's activity on 
polar bear and Pacific walrus.
    (2) The use of den habitat map developed by the USGS. A map of 
potential coastal polar bear denning habitat can be found at: http://
www.absc.usgs.gov/research/sis--summaries/polar--bears--sis/mapping--
dens.htm. This measure ensures that the location of potential polar bear 
dens is considered when conducting activities in the coastal areas of 
the Beaufort Sea.
    (3) The use of Forward Looking Infrared (FLIR) imagery, polar bear 
scent-trained dogs, or both to determine the presence or absence of 
polar bear dens in area of the activity.
    (4) Restricting the timing of the activity to limit disturbance 
around dens.
    (5) Requiring a 1-mile exclusion buffer surrounding known dens. If 
known occupied dens are located within an operator's area of activity, 
we will require a 1-mile exclusion buffer around the den to limit 
disturbance or require that the operator conduct activities after the 
female bears emerge from their dens. We will review these requirements 
for extenuating circumstances on a case-by-case basis.
    (f) For exploratory and development activities, holders of a Letter 
of Authorization must submit a report to our Alaska Regional Director 
(Attn: Marine Mammals Management Office) within 90 days after completion 
of activities. For production activities, holders of a Letter of 
Authorization must submit a report to our Alaska Regional Director 
(Attn: Marine Mammals Management Office) by January 15 for the preceding 
year's activities. Reports must include, at a minimum, the following 
information:
    (1) Dates and times of activity;
    (2) Dates and locations of polar bear or Pacific walrus activity as 
related to the monitoring activity; and
    (3) Results of the monitoring activities required under subsection 
(g) of this section, including an estimated level of take.
    (g) Monitoring requirements include, but are not limited to:
    (1) For all activities, all sightings of polar bears and walrus must 
be recorded. To the extent possible, the monitor will record group size, 
age, sex, reaction, duration of interaction, and closest approach to 
Industry activity.
    (2) Activities within the coast of the geographic region may 
incorporate daily polar bear watch logs.
    (3) Polar bear monitors will be required under the monitoring plan 
if polar bears are known to frequent the area or known polar bear dens 
are present in the area. Monitors will act as an early detection system 
in regards to proximate bear activity to Industry facilities.

[[Page 33]]

    (4) Offshore sites may require systematic monitoring protocols for 
polar bears and walrus due to their nearshore locations. Systematic 
monitoring may be implemented to statistically monitor observation 
trends of walrus or polar bears in the nearshore areas where they 
usually occur.



Sec. 18.129  What are the information collection requirements?

    (a) The Office of Management and Budget has approved the collection 
of information contained in this subpart and assigned control number 
1018-0070. You must respond to this information collection request to 
obtain a benefit pursuant to section 101(a)(5) of the Marine Mammal 
Protection Act (MMPA). We will use the information to (1) evaluate the 
application and determine whether or not to issue specific Letters of 
Authorization and (2) monitor impacts of activities conducted under the 
Letters of Authorization.
    (b) You should direct comments regarding the burden estimate or any 
other aspect of this requirement to the Information Collection Clearance 
Officer, U.S. Fish and Wildlife Service, Department of the Interior, 
Mail Stop 222 ARLSQ, 1849 C Street, NW., Washington, DC 20240.



PART 19_AIRBORNE HUNTING--Table of Contents




                         Subpart A_Introduction

Sec.
19.1 Purpose of regulations.
19.2 Scope of regulations.
19.3 Relation to other laws.
19.4 Definitions.

                         Subpart B_Prohibitions

19.11 General prohibitions.
19.12 Exceptions to general prohibitions.

                        Subpart C_Federal Permits

19.21 Limitation on Federal permits.

         Subpart D_State Permits and Annual Report Requirements

19.31 State permits.
19.32 Annual reporting requirements.

    Authority: Fish and Wildlife Act of 1956, 85 Stat. 480, as amended, 
86 Stat. 905 (16 U.S.C. 742a--j-1).

    Source: 39 FR 1177, Jan. 4, 1974, unless otherwise noted.



                         Subpart A_Introduction



Sec. 19.1  Purpose of regulations.

    The regulations contained in this part provide rules relative to the 
prohibition against shooting or harassing of wildlife from any aircraft, 
provide the requirements for the contents and filing of annual reports 
by the States regarding permits issued for such shooting or harassing, 
and provide regulations necessary for effective enforcement of the Fish 
and Wildlife Act of 1956 as amended (16 U.S.C. 742a--j-1).



Sec. 19.2  Scope of regulations.

    The regulations contained in this part apply to all persons within 
the territorial jurisdiction of the United States, to all United States 
citizens whether within the territorial jurisdiction of the United 
States or on the high seas or on board aircraft in flight over the high 
seas, and to all persons on board aircraft belonging in whole or in part 
to any United States citizen, firm, or partnership, or corporation 
created by or under the laws of the United States, or any State, 
territory or possession thereof.



Sec. 19.3  Relation to other laws.

    The exemptions to general prohibitions of the Fish and Wildlife Act 
of 1956, that permit airborne hunting in certain circumstances (See 
subpart B of this part) do not supersede, or authorize the violation of, 
other laws designed for the conservation or protection of wildlife, 
including those laws prohibiting the shooting or harassing of bald and 
golden eagles, polar bears and other marine mammals, migratory birds, 
and other wildlife, except to the extent that airborne hunting is 
authorized by regulations or permits issued under authority of those 
laws. (See e.g., Sec. 21.41 of this subchapter.)



Sec. 19.4  Definitions.

    In addition to definitions contained in part 10 of this subchapter, 
and unless the context otherwise requires, in this part 19:

[[Page 34]]

    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 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

[[Page 35]]

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.
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: Migratory Bird Treaty Act, 40 Stat. 755, 16 U.S.C. 703-
712; Fish and Wildlife

[[Page 36]]

Act of 1956, 16 U.S.C. 742a-j; Public Law 106-108, 113 Stat. 1491, Note 
Following 16 U.S.C. 703.

    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);
    (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.

[[Page 37]]

    (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 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,

[[Page 38]]

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.
    (n) Resident Canada geese means Canada geese that nest within the 
lower 48 States and the District of Columbia in the months of March, 
April, May, or June, or reside within the lower 48 States and the 
District of Columbia in the months of April, May, June, July, or August.

[53 FR 24290, June 28, 1988, as amended at 64 FR 29804, June 3, 1999; 71 
FR 45986, Aug. 10, 2006; 72 FR 46407, Aug. 20, 2007]



                            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.
    (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]

[[Page 39]]



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. However, this restriction does not apply during:
    (1) A light-goose-only season (greater and lesser snow geese 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.
    (2) A Canada goose only season when all other waterfowl and crane 
hunting seasons, excluding falconry, are closed in the Atlantic, 
Central, and Mississippi Flyway portions of Alabama, Arkansas, Colorado, 
Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, 
Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, 
Minnesota, Mississippi, Missouri, Montana, Nebraska, New Hampshire, New 
Mexico, New Jersey, New York, North Carolina, North Dakota, Ohio, 
Oklahoma, Pennsylvania, Rhode Island, South Carolina, South Dakota, 
Tennessee, Texas, Vermont, Virginia, West Virginia, Wisconsin, and 
Wyoming, as set forth below:
    (i) During the period of September 1 to September 15; and
    (ii) During the period of September 16 to September 30, when 
approved in the annual regulatory schedule in subpart K of this part.
    (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. However, this restriction does not apply during:
    (1) A light-goose-only season (greater and lesser snow geese 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.
    (2) A Canada goose only season when all other waterfowl and crane 
hunting

[[Page 40]]

seasons, excluding falconry, are closed in the Atlantic, Central, and 
Mississippi Flyway portions of Alabama, Arkansas, Colorado, Connecticut, 
Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New 
Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, 
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, 
Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming, as set 
forth below:
    (i) During the period of September 1 to September 15; and
    (ii) During the period of September 16 to September 30, when 
approved in the annual regulatory schedule in subpart K of this part.
    (h) By means or aid of any motordriven land, water, or air 
conveyance, or any sailboat used for the purpose of or resulting in the 
concentrating, driving, rallying, or stirring up of any migratory bird;
    (i) By the aid of baiting, or on or over any baited area, where a 
person knows or reasonably should know that the area is or has been 
baited. However, nothing in this paragraph prohibits:
    (1) the taking of any migratory game bird, including waterfowl, 
coots, and cranes, on or over the following lands or areas that are not 
otherwise baited areas--
    (i) Standing crops or flooded standing crops (including aquatics); 
standing, flooded, or manipulated natural vegetation; flooded harvested 
croplands; or lands or areas where seeds or grains have been scattered 
solely as the result of a normal agricultural planting, harvesting, 
post-harvest manipulation or normal soil stabilization practice;
    (ii) From a blind or other place of concealment camouflaged with 
natural vegetation;
    (iii) From a blind or other place of concealment camouflaged with 
vegetation from agricultural crops, as long as such camouflaging does 
not result in the exposing, depositing, distributing or scattering of 
grain or other feed; or
    (iv) Standing or flooded standing agricultural crops where grain is 
inadvertently scattered solely as a result of a hunter entering or 
exiting a hunting area, placing decoys, or retrieving downed birds.
    (2) The taking of any migratory game bird, except waterfowl, coots 
and cranes, on or over lands or areas that are not otherwise baited 
areas, and where grain or other feed has been distributed or scattered 
solely as the result of manipulation of an agricultural crop or other 
feed on the land where grown, or solely as the result of a normal 
agricultural operation.
    (j) While possessing loose shot for muzzle loading or shotshells 
containing other than the following approved shot types.

------------------------------------------------------------------------
                               Percent composition  Field testing device
    Approved shot type *            by weight                **
------------------------------------------------------------------------
bismuth-tin.................  97 bismuth, 3 tin...  HOT*SHOT [reg]. ***
iron (steel)................  iron and carbon.....  Magnet or HOT*SHOT
                                                     [reg].
iron-tungsten...............  any proportion of     Magnet or HOT*SHOT
                               tungsten, =1 iron.
iron-tungsten-nickel........  =1 iron,   Magnet or HOT*SHOT
                               any proportion of     [reg]. **
                               tungsten, up to 40
                               nickel.
tungsten-bronze.............  51.1 tungsten, 44.4   Rare Earth Magnet.
                               copper, 3.9 tin,
                               0.6 iron and 60
                               tungsten, 35.1
                               copper, 3.9 tin, 1
                               iron.
tungsten-iron-copper-nickel.  40-76 tungsten, 10-   HOT*SHOT [reg] or
                               37 iron, 9-16         Rare Earth Magnet.
                               copper, 5-7 nickel.
tungsten-matrix.............  95.9 tungsten, 4.1    HOT*SHOT [reg].
                               polymer.
tungsten-polymer............  95.5 tungsten, 4.5    HOT*SHOT [reg].
                               Nylon 6 or 11.
tungsten-tin-iron...........  any proportions of    Magnet or HOT*SHOT
                               tungsten and tin,     [reg].
                               =1 iron.
tungsten-tin-bismuth........  any proportions of    Rare Earth Magnet.
                               tungsten, tin, and
                               bismuth..
tungsten-tin-iron-nickel....  65 tungsten, 21.8     Magnet.
                               tin, 10.4 iron, 2.8
                               nickel.
------------------------------------------------------------------------
* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome
  on approved nontoxic shot types also are approved.
** The information in the ``Field Testing Device'' column is strictly
  informational, not regulatory.
*** The ``HOT*SHOT'' field testing device is from Stream Systems of
  Concord, CA.


[[Page 41]]

    (2) Each approved shot type must contain less than 1 percent 
residual lead (see Sec. 20.134).
    (3) This shot type restriction applies to the taking of ducks, geese 
(including brant), swans, coots (Fulica americana), and any other 
species that make up aggregate bag limits with these migratory game 
birds during concurrent seasons 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; 69 FR 48165, Aug. 9, 2004; 70 
FR 49196, Aug. 23, 2005; 71 FR 4297, Jan. 26, 2006; 71 FR 45986, Aug. 
10, 2006; 72 FR 46407, Aug. 20, 2007]



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 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]

[[Page 42]]



                          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 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

[[Page 43]]

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.



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]

[[Page 44]]



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.



                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

[[Page 45]]

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.



     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

[[Page 46]]

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.



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.

[[Page 47]]



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 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.

[[Page 48]]



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.
    (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

[[Page 49]]

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.
    (2) In cooperation with the applicant, the Service will conduct a 
risk assessment using the Quotient Method (Environmental Protection 
Agency 1986): Risk = EEC/Toxicological Level of Concern Compare EEC in 
ppm to an effect level (e.g., LD50 in ppm. If Q < 0.1 = No Adverse 
Effects; If 0.1 <= Q <= 10.0 = Possible Adverse Effects; If Q 
 10.0 = Probable Adverse Effects.
    (3) Upon receipt of the Tier 1 application, the Director will review 
it to determine if the submission is complete. If complete, the 
applicant is notified within 30 days of receipt that a thorough review 
of the application will commence. A Notice of Application will appear in 
the Federal Register announcing the initiation of review of a Tier 1 
application. Complete review of a Tier 1 application will occur within 
60 days of the date the Notice of Application is published in the 
Federal Register.
    (E) If, after review of the Tier 1 data, the Service does not 
conclude that the shot or shot coating does not impose a significant 
danger to migratory birds, other wildlife, and their habitats, the 
applicant is advised to proceed with the additional testing described 
for Tier 2, Tier 3, or both. A Notice of Review will inform the public 
that Tier 1 test results are inconclusive, and Tier 2, Tier 3, or both 
testing are required before further consideration.
    (F) If review of the Tier 1 data results in a preliminary 
determination that the candidate material does not impose a significant 
danger to migratory birds, other wildlife, and their habitats, the 
Director will publish in the Federal Register a proposed rule stating 
the Service's intention to approve this shot or shot coating based on 
the toxicological report and toxicity studies. The rulemaking will 
include a description of the chemical composition of the candidate shot 
or shot coating, and a synopsis of findings under the standards required 
for Tier 1. If, at the end of the comment period, the Service finds no 
technical or scientific basis upon which to alter its conclusion, the 
candidate material will be approved by the publication of a final rule 
in the Federal Register. If, after receiving public comment, the Service

[[Page 50]]

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 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

[[Page 51]]

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 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

[[Page 52]]

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 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

[[Page 53]]

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 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

[[Page 54]]

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.
    (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

[[Page 55]]

the Department will be published in the Federal Register at least two 
weeks before the meeting. The notice will state the time, place, and 
general subject(s) of the meeting, as well as the extent of public 
involvement.
    (b) Public observation and written comment. Each meeting of the 
Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section will be open to the public for observation 
and the submission of written comments.
    (c) Public participation. Except for the mid-summer meetings held in 
Washington, DC, in conjuction with the public hearing on waterfowl and 
other late season frameworks, the public may participate in any meeting 
of the Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section through the submission of oral statements 
that comply with the rules stated in the notice.
    (d) Minutes of meetings. Minutes will be made of each meeting of the 
Regulations Committee for which notice is published pursuant to 
paragraph (a) of this section.



Sec. 20.154  Flyway Councils.

    (a) Notice of meetings. Notice of each meeting of a Flyway Council 
to be attended by any official of the Department will be published in 
the Federal Register at least two weeks before the meeting or as soon as 
practicable after the Department learns of the meeting. The notice will 
state the time, place, and general subject(s) of the meeting.
    (b) [Reserved]



Sec. 20.155  Public file.

    (a) Establishment. A public file will be established for each 
rulemaking to which this subpart N is applicable.
    (b) Contents. Except for information exempt from disclosure under 5 
U.S.C. 552, a public file established pursuant to paragraph (a) of this 
section will contain:
    (1) The minutes of Regulations Committee meetings made pursuant to 
paragraph (d) of Sec. 20.153;
    (2) Any written comments and other significant written 
communications which occur after the notice of proposed rulemaking;
    (3) Summaries, identifying the source, of any significant oral 
communications which occure after the notice of proposed rulemaking; and
    (4) Copies of or references to any other significant data or 
information.



PART 21_MIGRATORY BIRD PERMITS--Table of Contents




                         Subpart A_Introduction

Sec.
21.1 Purpose of regulations.
21.2 Scope of regulations.
21.3 Definitions.
21.4 Information collection requirements.

              Subpart B_General Requirements and Exceptions

21.11 General permit requirements.
21.12 General exceptions to permit requirements.
21.13 Permit exceptions for captive-reared mallard ducks.
21.14 Permit exceptions for captive-reared migratory waterfowl other 
          than mallard ducks.
21.15 Authorization of take incidental to military readiness activities.

                  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.
21.31 Rehabilitation permits.

     Subpart D_Control of Depredating and Otherwise Injurious 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.
21.48 Depredation order for double-crested cormorants to protect public 
          resources.

[[Page 56]]

21.49 Control order for resident Canada geese at airports and military 
          airfields.
21.50 Depredation order for resident Canada geese nests and eggs.
21.51 Depredation order for resident Canada geese at agricultural 
          facilities.
21.52 Public health control order for resident Canada geese.

      Subpart E_Control of Overabundant Migratory Bird Populations

21.60 Conservation order for mid-continent light geese.
21.61 Population control of resident Canada geese.

    Authority: Migratory Bird Treaty Act, 40 Stat. 755 (16 U.S.C. 703); 
Public Law 95-616, 92 Stat. 3112 (16 U.S.C. 712(2)); Public Law 106-108, 
113 Stat. 1491, Note Following 16 U.S.C. 703.

    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, except for Sec. 21.12(a), (c), and (d) (general 
permit exceptions); Sec. 21.22 (banding or marking); Sec. 21.29 
(Federal falconry standards); and Sec. 21.31 (rehabilitation), does not 
apply to the bald eagle (Haliaeetus leucocephalus) or the golden eagle 
(Aquila chrysaetos), for which regulations are provided in part 22 of 
this subchapter.
    (c) The provisions of this part are in addition to, and are not in 
lieu of other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife (see 
also part 13).

[39 FR 1178, Jan. 4, 1974, as amended at 46 FR 42680, Aug. 24, 1981; 68 
FR 61137, Oct. 27, 2003]



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:
    Armed Forces means the Army, Navy, Air Force, Marine Corps, Coast 
Guard, and the National Guard of any State.
    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.
    Conservation measures, as used in Sec. 21.15, means project design 
or mitigation activities that are reasonable from a scientific, 
technological, and economic standpoint, and are necessary to avoid, 
minimize, or mitigate the take of migratory birds or other adverse 
impacts. Conservation measures should be implemented in a reasonable 
period of time.
    Falconry means the sport of taking quarry by means of a trained 
raptor.
    Military readiness activity, as defined in Pub. L. 107-314, Sec. 
315(f), 116 Stat. 2458

[[Page 57]]

(Dec. 2, 2002) [Pub. L. Sec. 319 (c)(1)], includes all training and 
operations of the Armed Forces that relate to combat, and the adequate 
and realistic testing of military equipment, vehicles, weapons, and 
sensors for proper operation and suitability for combat use. It does not 
include (a) routine operation of installation operating support 
functions, such as: administrative offices; military exchanges; 
commissaries; water treatment facilities; storage facilities; schools; 
housing; motor pools; laundries; morale, welfare, and recreation 
activities; shops; and mess halls, (b) operation of industrial 
activities, or (c) construction or demolition of facilities listed 
above.
    Population, as used in Sec. 21.15, means a group of distinct, 
coexisting, conspecific individuals, whose breeding site fidelity, 
migration routes, and wintering areas are temporally and spatially 
stable, sufficiently distinct geographically (at some time of the year), 
and adequately described so that the population can be effectively 
monitored to discern changes in its status.
    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 lower 
48 States and the District of Columbia in the months of March, April, 
May, or June, or reside within the lower 48 States and the District of 
Columbia in the months of April, May, June, July, or August.
    Secretary of Defense means the Secretary of Defense or any other 
national defense official who has been nominated by the President and 
confirmed by the Senate.
    Service or we means the U.S. Fish and Wildlife Service, Department 
of the Interior.
    Significant adverse effect on a population, as used in Sec. 21.15, 
means an effect that could, within a reasonable period of time, diminish 
the capacity of a population of migratory bird species to sustain itself 
at a biologically viable level. A population is ``biologically viable'' 
when its ability to maintain its genetic diversity, to reproduce, and to 
function effectively in its native ecosystem is not significantly 
harmed. This effect may be characterized by increased risk to the 
population from actions that cause direct mortality or a reduction in 
fecundity. Assessment of impacts should take into account yearly 
variations and migratory movements of the impacted species. Due to the 
significant variability in potential military readiness activities and 
the species that may be impacted, determinations of significant 
measurable decline will be made on a case-by-case basis.

[48 FR 31607, July 8, 1983, as amended at 64 FR 32774, June 17, 1999; 71 
FR 45986, Aug. 10, 2006; 72 FR 8949, Feb. 28. 2007; 72 FR 46408, Aug. 
20, 2007]



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]

[[Page 58]]



              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]



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.
    (c) Employees of Federal, State, and local wildlife and land 
management agencies; employees of Federal, State, and local public 
health agencies; and laboratories under contract to such agencies may in 
the course of official business collect, possess, transport, and dispose 
of sick or dead migratory birds or their parts for analysis to confirm 
the presence of infectious disease. Nothing in this paragraph authorizes 
the take of uninjured or healthy birds without prior authorization from 
the Service. Additionally, nothing in this paragraph authorizes the 
taking, collection, or possession of migratory birds when circumstances 
indicate reasonable probability that death, injury, or disability was 
caused by factors other than infectious disease and/or natural toxins. 
These factors may include, but are not limited to, oil or chemical 
contamination, electrocution, shooting, or pesticides. If the cause of 
death of a bird is determined to be other than natural causes or 
disease, Service law enforcement officials must be contacted without 
delay.
    (d) Licensed veterinarians are not required to obtain a Federal 
migratory bird permit to temporarily possess, stabilize, or euthanize 
sick and injured migratory birds. However, a veterinarian without a 
migratory bird rehabilitation permit must transfer any such bird to a 
federally permitted migratory bird rehabilitator within 24 hours after 
the bird's condition is stabilized, unless the bird is euthanized. If a 
veterinarian is unable to locate a permitted rehabilitator within that 
time,

[[Page 59]]

the veterinarian must contact his or her Regional Migratory Bird Permit 
Office for assistance in locating a permitted migratory bird 
rehabilitator and/or to obtain authorization to continue to hold the 
bird. In addition, veterinarians must:
    (1) Notify the local U.S. Fish and Wildlife Service Ecological 
Services Office immediately upon receiving a threatened or endangered 
migratory bird species. Contact information for Ecological Services 
offices can be located on the Internet at http://offices.fws.gov;
    (2) Euthanize migratory birds as required by Sec. 21.31(e)(4)(iii) 
and Sec. 21.31(e)(4)(iv), and dispose of dead migratory birds in 
accordance with Sec. 21.31(e)(4)(vi); and
    (3) Keep records for 5 years of all migratory birds that die while 
in their care, including those they euthanize. The records must include: 
the species of bird, the type of injury, the date of acquisition, the 
date of death, and whether the bird was euthanized.

[39 FR 1178, Jan. 4, 1974, as amended at 50 FR 8638, Mar. 4, 1985; 54 FR 
38151, Sept. 14, 1989; 68 FR 61137, Oct. 27, 2003]



Sec. 21.13  Permit exceptions for captive-reared mallard ducks.

    Captive-reared and properly marked mallard ducks, alive or dead, or 
their eggs may be acquired, possessed, sold, traded, donated, 
transported, and disposed of by any person without a permit, subject to 
the following conditions, restrictions, and requirements:
    (a) Nothing in this section shall be construed to permit the taking 
of live mallard ducks or their eggs from the wild.
    (b) All mallard ducks possessed in captivity, without a permit, 
shall have been physically marked by at least one of the following 
methods prior to 6 weeks of age and all such ducks hatched, reared, and 
retained in captivity thereafter shall be so marked prior to reaching 6 
weeks of age.
    (1) Removal of the hind toe from the right foot.
    (2) Pinioning of a wing: Provided, That this method shall be the 
removal of the metacarpal bones of one wing or a portion of the 
metacarpal bones which renders the bird permanently incapable of flight.
    (3) Banding of one metatarsus with a seamless metal band.
    (4) Tattooing of a readily discernible number or letter or 
combination thereof on the web of one foot.
    (c) When so marked, such live birds may be disposed of to, or 
acquired from, any person and possessed and transferred in any number at 
any time or place: Provided, That all such birds shall be physically 
marked prior to sale or disposal regardless of whether or not they have 
attained 6 weeks of age.
    (d) When so marked, such live birds may be killed, in any number, at 
any time or place, by any means except shooting. Such birds may be 
killed by shooting only in accordance with all applicable hunting 
regulations governing the taking of mallard ducks from the wild: 
Provided, That such birds may be killed by shooting, in any number, at 
any time, within the confines of any premises operated as a shooting 
preserve under State license, permit, or authorization; or they may be 
shot, in any number, at any time or place, by any person for bona fide 
dog training or field trial purposes: Provided further, That the 
provisions:
    (1) The hunting regulations (part 20 of this subchapter), with the 
exception of Sec. 20.108 (Nontoxic shot zones), and
    (2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) 
shall not apply to shooting preserve operations as provided for in this 
paragraph, or to bona fide dog training or field trial operations.
    (e) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass: Provided, That persons, who operate 
game farms or shooting preserves under a State license, permit, or 
authorization for such activities, may remove the marked foot or wing 
when either the number of his State license, permit, or authorization 
has first been legibly stamped in ink on the back of each carcass and on 
the container in which each carcass is maintained, or each carcass is 
identified by

[[Page 60]]

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]



Sec. 21.15  Authorization of take incidental to military readiness 

activities.

    (a) Take authorization and monitoring. (1) Except to the extent 
authorization is withdrawn or suspended pursuant to paragraph (b) of 
this section, the Armed Forces may take migratory birds incidental to 
military readiness activities provided that, for those ongoing or 
proposed activities that the Armed Forces determine may result in a 
significant adverse effect on a population of a migratory bird species, 
the Armed Forces must confer and cooperate with the Service to develop 
and implement appropriate conservation measures to minimize or mitigate 
such significant adverse effects.
    (2) When conservation measures implemented under paragraph (a)(1) of 
this section require monitoring, the Armed Forces must retain records of 
any monitoring data for five years from the date the Armed Forces 
commence their action. During Integrated Natural Resource Management 
Plan reviews, the Armed Forces will also report to the Service migratory 
bird conservation measures implemented and the effectiveness of the 
conservation measures in avoiding, minimizing, or mitigating take of 
migratory birds.

[[Page 61]]

    (b) Suspension or Withdrawal of take authorization. (1) If the 
Secretary determines, after seeking the views of the Secretary of 
Defense and consulting with the Secretary of State, that incidental take 
of migratory birds during a specific military readiness activity likely 
would not be compatible with one or more of the migratory bird treaties, 
the Secretary will suspend authorization of the take associated with 
that activity.
    (2) The Secretary may propose to withdraw, and may withdraw in 
accordance with the procedures provided in paragraph (b)(4) of this 
section the authorization for any take incidental to a specific military 
readiness activity if the Secretary determines that a proposed military 
readiness activity is likely to result in a significant adverse effect 
on the population of a migratory bird species and one or more of the 
following circumstances exists:
    (i) The Armed Forces have not implemented conservation measures 
that:
    (A) Are directly related to protecting the migratory bird species 
affected by the proposed military readiness activity;
    (B) Would significantly reduce take of the migratory bird species 
affected by the military readiness activity;
    (C) Are economically feasible; and
    (D) Do not limit the effectiveness of the military readiness 
activity;
    (ii) The Armed Forces fail to conduct mutually agreed upon 
monitoring to determine the effects of a military readiness activity on 
migratory bird species and/or the efficacy of the conservation measures 
implemented by the Armed Forces; or
    (iii) The Armed Forces have not provided reasonably available 
information that the Secretary has determined is necessary to evaluate 
whether withdrawal of take authorization for the specific military 
readiness activity is appropriate.
    (3) When the Secretary proposes to withdraw authorization with 
respect to a specific military readiness activity, the Secretary will 
first provide written notice to the Secretary of Defense. Any such 
notice will include the basis for the Secretary's determination that 
withdrawal is warranted in accordance with the criteria contained in 
paragraph (b)(2) of this section, and will identify any conservation 
measures or other measures that would, if implemented by the Armed 
Forces, permit the Secretary to cancel the proposed withdrawal of 
authorization.
    (4) Within 15 days of receipt of the notice specified in paragraph 
(b)(3) of this section, the Secretary of Defense may notify the 
Secretary in writing of the Armed Forces' objections, if any, to the 
proposed withdrawal, specifying the reasons therefore. The Secretary 
will give due consideration to any objections raised by the Armed 
Forces. If the Secretary continues to believe that withdrawal is 
appropriate, he or she will provide written notice to the Secretary of 
Defense of the rationale for withdrawal and response to any objections 
to the withdrawal. If objections to the withdrawal remain, the 
withdrawal will not become effective until the Secretary of Defense has 
had the opportunity to meet with the Secretary within 30 days of the 
original notice from the Secretary proposing withdrawal. A final 
determination regarding whether authorization will be withdrawn will 
occur within 45 days of the original notice.
    (5) Any authorized take incidental to a military readiness activity 
subject to a proposed withdrawal of authorization will continue to be 
authorized by this regulation until the Secretary makes a final 
determination on the withdrawal.
    (6) The Secretary may, at his or her discretion, cancel a suspension 
or withdrawal of authorization at any time. A suspension may be 
cancelled in the event new information is provided that the proposed 
activity would be compatible with the migratory bird treaties. A 
proposed withdrawal may be cancelled if the Armed Forces modify the 
proposed activity to alleviate significant adverse effects on the 
population of a migratory bird species or the circumstances in 
paragraphs (b)(2)(i) through (iii) of this section no longer exist. 
Cancellation of suspension or withdrawal of authorization becomes 
effective upon delivery of written notice from the Secretary to the 
Department of Defense.
    (7) The responsibilities of the Secretary under paragraph (b) of 
this section may be fulfilled by his/her

[[Page 62]]

delegatee who must be an official nominated by the President and 
confirmed by the Senate.

[72 FR 8949, Feb. 28, 2007]



                  Subpart C_Specific Permit Provisions



Sec. 21.21  Import and export permits.

    (a) Permit requirement. (1) Except for migratory game birds imported 
in accordance with the provisions of subpart G of part 20 of this 
subchapter B, an import permit is required before any migratory birds, 
their parts, nests, or eggs may be imported.
    (2) An export permit is required before any migratory birds, their 
parts, nests, or eggs may be exported: Provided, that captive-reared 
migratory game birds that are marked in compliance with the provisions 
of Sec. 21.13(b) may be exported to Canada or Mexico without a permit. 
Provided further, that raptors lawfully possessed under a falconry 
permit issued pursuant to Sec. 21.28 of this part may be exported to or 
imported from Canada or Mexico without a permit for the purposes of 
attending bona fide falconry meets, as long as the person importing or 
exporting the birds returns the same bird(s) to the country of export 
following any such meet. Nothing in this paragraph, however, exempts any 
person from the permit requirements of parts 17, 22, and 23 of this 
subchapter.
    (b) Application procedures. Applications for permits to import or 
export migratory birds shall be submitted to the appropriate issuing 
office (see 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. In addition to the general 
conditions set forth in part 13 of this subchapter B,

[[Page 63]]

banding or marking permits shall be subject to the following conditions:
    (1) The banding of migratory birds shall only be by official 
numbered leg bands issued by the Service. The use of any other band, 
clip, dye, or other method of marking is prohibited unless specifically 
authorized in the permit.
    (2) All traps or nets used to capture migratory birds for banding or 
marking purposes shall have attached thereto a tag or label clearly 
showing the name and address of the permittee and his permit number, or 
the area in which such traps or nets are located must be posted with 
notice of banding operations posters (Form 3-1155, available upon 
request from the Bird Banding Laboratory, Office of Migratory Bird 
Management, U.S. Fish and Wildlife Service, Laurel, Md. 20708) which 
shall bear the name and address of the permittee and the number of his 
permit.
    (3) The holder of a banding or marking permit may salvage, for the 
purpose of donating to a public scientific or educational institution, 
birds killed or found dead as a result of the permittee's normal banding 
operations, and casualties from other causes. All dead birds salvaged 
under authority of a migratory bird banding or marking permit must be 
donated and transferred to a public scientific or educational 
institution at least every 6 months or within 60 days of the time such 
permit expires or is revoked, unless the permittee has been issued a 
special permit authorizing possession for a longer period of time.
    (4) Permittees must keep accurate records of their operations and 
file reports as set forth in the North American Bird Banding Manual, or 
supplements thereto, in accordance with instructions contained therein.
    (d) Term of permit. A banding or marking permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989]



Sec. 21.23  Scientific collecting permits.

    (a) Permit requirement. A scientific collecting permit is required 
before any person may take, transport, or possess migratory birds, their 
parts, nests, or eggs for scientific research or educational purposes.
    (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;

[[Page 64]]

    (3) Unless specifically stated on the permit, a scientific 
collecting permit does not authorize the taking of live migratory birds 
from the wild.
    (4) In addition to any reporting requirement set forth in the 
permit, a report of the scientific collecting activities conducted under 
authority of such permit shall be submitted to the issuing officer on or 
before January 10 of each calendar year following the year of issue 
unless a different date is stated in the permit.
    (d) Term of permit. A scientific collecting permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38151, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.24  Taxidermist permits.

    (a) Permit requirement. A taxidermist permit is required before any 
person may perform taxidermy services on migratory birds or their parts, 
nests, or eggs for any person other than himself.
    (b) Application procedures. Submit application for taxidermist 
permits to the appropriate Regional Director (Attention: Migratory bird 
permit office). You can find addresses for the Regional Directors in 50 
CFR 2.2. Each application must contain the general information and 
certification required in Sec. 13.12(a) of this subchapter, and the 
following additional information:
    (1) The address of premises where taxidermist services will be 
provided;
    (2) A statement of the applicant's qualifications and experience as 
a taxidermist; and
    (3) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Permit authorizations. A permit authorizes a taxidermist to:
    (1) Receive, transport, hold in custody or possession, mount or 
otherwise prepare, migratory birds, and their parts, nests, or eggs, and 
return them to another.
    (2) Sell properly marked, captive reared migratory waterfowl which 
he has lawfully acquired and mounted. Such mounted birds may be placed 
on consignment for sale and may be possessed by such consignee for the 
purpose of sale.
    (d) Additional permit conditions. In addition 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 will not exceed 
five (5) 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; 70 FR 18320, Apr. 11, 2005]



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,

[[Page 65]]

to another person, any species of captive-reared and properly marked 
migratory waterfowl or their eggs, except that such a permit is not 
required for such sales or disposals of captive-reared and properly 
marked mallard ducks or their eggs.
    (b) Application procedures. Submit application for waterfowl sale 
and disposal permits to the appropriate Regional Director (Attention: 
Migratory bird permit office). You can find addresses for the Regional 
Directors in 50 CFR 2.2. Each application must contain the general 
information and certification required in Sec. 13.12(a) of this 
subchapter, and the following additional information:
    (1) A description of the area where waterfowl are to be kept;
    (2) Species and numbers of waterfowl now in possession and a 
statement showing from whom these were obtained;
    (3) A statement indicating the method by which individual birds are 
marked as required by the provisions of this part 21; and
    (4) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, waterfowl sale and 
disposal permits shall be subject to the following conditions:
    (1) Permittees may not take migratory waterfowl or their eggs from 
the wild, and may not acquire such birds or their eggs from any person 
not authorized by a valid permit issued pursuant to this part to dispose 
of such birds or their eggs.
    (2) All live migratory waterfowl possessed in captivity under 
authority of a valid waterfowl sale and disposal permit shall have been, 
prior to 6 weeks of age, physically marked as defined in Sec. 21.13(b). 
All offspring of such birds hatched, reared, and retained in captivity 
shall be so marked prior to attaining 6 weeks of age. The preceding does 
not apply to captive adult geese, swans, and brant which were marked 
previous to March 1, 1967, by a ``V'' notch in the web of one foot, nor 
to such birds held in captivity at public zoological parks, and public 
scientific or educational institutions.
    (3) Such properly marked birds may be killed, in any number, at any 
time or place, by any means except shooting. Such birds may be killed by 
shooting only in accordance with all the applicable hunting regulations 
governing 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

[[Page 66]]

completed during that month to the office of the Fish and Wildlife 
Service which issued his permit.
    (6) Permittees shall submit an annual report within 10 days 
following the 31st day of December of each calendar year to the office 
of the Fish and Wildlife Service which issued the permit. The 
information provided shall give the total number of waterfowl by species 
in possession on that date and the method or methods by which individual 
birds are marked as required by the provisions of this part 21.
    (d) Term of permit. A waterfowl sale and disposal permit issued or 
renewed under this part expires on the date designated on the face of 
the permit unless amended or revoked, but the term of the permit will 
not exceed five (5) 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; 70 FR 18320, Apr. 11, 2005]



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

[[Page 67]]

Canada geese, under this section between March 11 and August 31. In 
California, Oregon and Washington, in areas where the threatened 
Aleutian Canada goose (B. c. leucoperia) has been present during the 
previous 10 years, lethal control activities are restricted to May 1 
through August 31, inclusive.
    (3) How must the States dispose or utilize geese taken under this 
permit? States and their employees and agents may possess, transport, 
and otherwise dispose of Canada geese taken under this section. States 
must utilize such birds by donation to public museums or public 
institutions for scientific or educational purposes, by processing them 
for human consumption and distributing them free of charge to charitable 
organizations, or by burying or incinerating them. States, their 
employees, and designated agents may not sell, offer for sale, barter, 
or ship for the purpose of sale or barter any Canada geese taken under 
this section, nor their plumage or eggs.
    (4) How does the permit relate to existing State law? No person 
conducting management and control activities under this section should 
construe the permit to authorize the killing of injurious resident 
Canada geese contrary to any State law or regulation, nor on any Federal 
land without specific authorization by the responsible management 
agency. No person may exercise the privileges granted under this section 
unless they possess any permits required for such activities by any 
State or Federal land manager.
    (5) When conducting management and control activities, are there any 
special inspection requirements? Any State employee or designated agent 
authorized to carry out management and control activities must have a 
copy of the permit and designation in their possession when carrying out 
any activities. The State must also require the property owner or 
occupant on whose premises the State is conducting activities to allow, 
at all reasonable times, including during actual operations, free and 
unrestricted access to any Service special agent or refuge officer, 
State wildlife or deputy wildlife agent, warden, protector, or other 
wildlife law enforcement officer (wildlife officer) on the premises 
where they are, or were, conducting activities. Furthermore, any State 
employee or designated agent conducting such activities must promptly 
furnish whatever information is required concerning such activities to 
any such wildlife officer.
    (6) What are the reporting requirements of the permit? Any State 
employee or designated agent exercising the privileges granted by this 
section must keep 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.

[[Page 68]]

    (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 
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

[[Page 69]]

calendar year. Records shall be maintained at the address listed on the 
permit; shall be in, or reproducible in English; and shall be available 
for inspection by Service personnel during regular business hours. A 
permittee may be required by the conditions of the permit to file with 
the issuing office an annual report of operation. Annual reports, if 
required, shall be filed no later than January 31 of the calendar year 
followng the year for which the report is required. Reports, if 
required, shall describe permitted activities, numbers and species of 
migratory birds acquired and disposed of, and shall inventory and 
describe all migratory birds possessed under the special purpose permit 
on December 31 of the reporting year.
    (2) Permittees shall make such other reports as may be requested by 
the issuing officer.
    (3) All live, captive-bred, migratory game birds possessed under 
authority of a valid special purpose permit shall be physically marked 
as defined in Sec. 21.13(b) of this part.
    (4) No captive-bred migratory game bird may be sold or bartered 
unless marked in accordance with Sec. 21.13(b) of this part.
    (5) No permittee may take, purchase, receive or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any captive-bred 
migratory game bird unless such permittee submits a Service form 3-186A 
(Migratory Bird Acquisition/Disposition Report), completed in accordance 
with the instructions on the form, to the issuing office within five (5) 
days of such transaction.
    (6) No permittee, who is authorized to sell or barter migratory game 
birds pursuant to a permit issued under this section, may sell or barter 
such birds to any person unless that person is authorized to purchase 
and possess such migratory game birds under a permit issued pursuant to 
this part and part 13, or as permitted by regulations in this part.
    (d) Term of permit. A special purpose permit issued or renewed under 
this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[39 FR 1178, Jan. 4, 1974, as amended at 54 FR 38152, Sept. 14, 1989; 63 
FR 52637, Oct. 1, 1998]



Sec. 21.28  Falconry permits.

    (a) Permit requirements. A falconry permit is required before any 
person may take, possess, transport, sell, purchase, barter, offer to 
sell, purchase, or barter raptors for falconry purposes.
    (b) Application procedures. (1) An applicant who wishes to practice 
falconry in a State listed in Sec. 21.29(k) of this part and which has 
been designated as a participant in a cooperative Federal/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

[[Page 70]]

also be forwarded to the appropriate issuing office of the Service.
    (3) An applicant who wishes to practice falconry in a State listed 
in Sec. 21.29(k) of this subchapter, but which does not participate in 
a cooperative Federal/State permit application program must submit a 
written application for a falconry permit to the issuing office 
designated by Sec. 13.11(b) of this subchapter. Each application must 
contain the general information and certification required by Sec. 
13.12(a) of this subchapter plus a copy of a valid State falconry permit 
issued to the applicant by a State listed in Sec. 21.19(k) of this 
subchapter.
    (c) Issuance criteria. Upon receiving an application completed in 
accordance with paragraph (b) of this section that meets all 
requirements of this part, the Director will issue a permit. In addition 
to meeting the general criteria in Sec. 13.21(b), the applicant must 
have a valid State falconry permit issued by a State listed in Sec. 
21.29(k) of this subchapter.
    (d) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter, every permit issued under this 
section shall be subject to the following special conditions:
    (1) A permittee may not take, transport, or possess a golden eagle 
(Aquila chrysaetos) unless authorized in writing under Sec. 22.24 of 
this subchapter.
    (2) A permit issued under this section is not valid unless the 
permittee has a valid State falconry permit issued by a State listed in 
Sec. 21.29(k) of this subchapter.
    (3) A permittee may not take, possess, transport, sell, purchase, 
barter, or transfer any raptor for falconry purposes except under 
authority of a Federal falconry permit issued under this section and in 
compliance with the Federal falconry standards set forth in Sec. 21.29 
of this subchapter.
    (4) No permittee may take, purchase, receive, or otherwise acquire, 
sell, barter, transfer, or otherwise dispose of any raptor unless such 
permittee submits a form 3-186A (Migratory Bird Acquisition/Disposition 
Report), completed in accordance with the instructions on the form, to 
the issuing office within five (5) calendar days of any such 
transaction.
    (5) No raptor may be possessed under authority of a falconry permit 
unless the permittee has a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) for each bird possessed, except as 
provided in paragraph (d)(4) of this section.
    (6) A raptor possessed under authority of a falconry permit may be 
temporarily held by a person other than the permittee for maintenance 
and care for a period not to exceed thirty (30) days. The raptor must be 
accompanied at all times by a properly completed form 3-186A (Migratory 
Bird Acquisition/Disposition Report) designating the person caring for 
the raptor as the possessor 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.

[[Page 71]]

    (e) Term of permit. A falconry permit issued or renewed under this 
part expires on the date designated on the face of the permit unless 
amended or revoked, but the term of the permit shall not exceed three 
(3) years from the date of issuance or renewal.

[54 FR 38152, Sept. 14, 1989]



Sec. 21.29  Federal falconry standards.

    (a) Before you can practice falconry in any State. You cannot take, 
possess, transport, sell, purchase, barter, or offer to sell, purchase, 
or barter any raptor for falconry purposes, in any State unless the 
State allows the practice of falconry, and the State has submitted 
copies of its laws and regulations governing the practice of falconry to 
us (Director), and we have determined that they meet or exceed the 
Federal falconry standards established in this section. If you are a 
Federal falconry permittee, you can possess and transport for falconry 
purposes a lawfully possessed raptor through States that do not allow 
falconry or meet Federal falconry standards so long as the raptors 
remain in transit in interstate commerce. The States that are in 
compliance with Federal falconry standards are listed in paragraph (k) 
of this section.
    (b) More restrictive State laws. Nothing in this section shall be 
construed to prevent a State from making and enforcing laws or 
regulations not inconsistent with the standards contained in any 
convention between the United States and any foreign country for the 
protection of raptors or with the Migratory Bird Treaty Act, and which 
shall give further protection to raptors.
    (c) What is the process for Federal approval of a State program? Any 
State that wishes to allow the practice of falconry must submit to the 
Director of the Service a copy of the laws and regulations that govern 
the practice of falconry in the State. If we determine that they meet or 
exceed the Federal standards, which are established by this section, we 
will publish a notice in the Federal Register adding the State to the 
list of approved States in paragraph (k) of this section. Any State that 
was listed in paragraph (k) prior to September 14, 1989, is considered 
to be in compliance with our standards.
    (d) Permit. State laws or regulations shall provide that a valid 
State falconry permit from either that State or another State meeting 
Federal falconry standards and listed in paragraph (k) of this section 
is required before any person may take, possess, or transport a raptor 
for falconry purposes or practice falconry in that State.
    (e) Classes of permits. States may have any number of classes of 
falconry permits provided the standards are not less restrictive than 
the following:
    (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

[[Page 72]]

obtain more than two raptors taken from the wild for replacement birds 
during any 12-month period;
    (iii) A permittee may not take any species listed as endangered in 
part 17 of this chapter, but may transport or possess such species in 
accordance with part 17 of this chapter.
    (iv) A permittee may not take, transport, or possess any golden 
eagle for falconry purposes unless authorized in writing under Sec. 
22.24 of this subchapter;
    (v) A permittee may not take, in any twelve (12) month period, as 
part of the three-bird limitation, more than one raptor listed as 
threatened in part 17 of this chapter, and then only in accordance with 
part 17 of this chapter.
    (f) Examination. State laws or regulations shall provide that before 
any State falconry permit is issued the applicant shall be required to 
answer correctly at least 80 percent of the questions on a supervised 
examination provided or approved by the Service and administered by the 
State, relating to basic biology, care, and handling of raptors, 
literature, laws, regulations or other appropriate subject matter.
    (g) Facilities and equipment. Statelaws or regulations shall provide 
that before a State falconry permit is issued the applicant's raptor 
housing facilities and falconry equipment shall be inspected and 
certified by a representative of the State wildlife department as 
meeting the following standards:
    (1) Facilities. The primary consideration for raptor housing 
facilities whether indoors (mews) or outdoors (weathering area) is 
protection from the environment, predators, or undue disturbance. The 
applicant shall have the following facilities, except that depending 
upon climatic conditions, the issuing authority may require only one of 
the facilities described below.
    (i) Indoor facilities (mews) shall be large enough to allow easy 
access for caring for the raptors housed in the facility. If more than 
one raptor is to be kept in the mews, the raptors shall be tethered or 
separated by partitions and the area for each bird shall be large enough 
to allow the bird to fully extend its wings. There shall be at least one 
window, protected on the inside by vertical bars, spaced narrower than 
the width of the bird's body, and a secure door that can be easily 
closed. The floor of the mews shall permit easy cleaning and shall be 
well drained. Adequate perches shall be provided.
    (ii) Outdoor facilities (weathering area) shall be fenced and 
covered with netting or wire, or roofed to protect the birds from 
disturbance and attack by predators except that perches more than 6\1/2\ 
feet high need not be covered or roofed. The enclosed area shall be 
large enough to insure the birds cannot strike the fence when flying 
from the perch. Protection from excessive sun, wind, and inclement 
weather shall be 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

[[Page 73]]

unicinctus) possessed for falconry purposes must be marked in accordance 
with the following provisions:
    (1) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus), except a captive 
bred raptor lawfully marked by a numbered, seamless band issued by the 
Service, must be banded with a permanent, non-reusable, numbered band 
issued by the Service.
    (2) Any peregrine falcon (Falco peregrinus), gyrfalcon (Falco 
rusticolus), or Harris hawk (Parabuteo unicinctus) possessed for 
falconry purposes must be banded at all times in accordance with these 
standards. Loss or removal of any band must be reported to the issuing 
office within five (5) working days of the loss and must be replaced 
with a permanent, non-reusable, numbered band supplied by the Service.
    (i) Taking restrictions. State laws or regulations shall provide the 
following restrictions on the taking of raptors from the wild:
    (1) Young birds not yet capable of flight (eyasses) may only be 
taken by a General or Master Falconer during the period specified by the 
State and no more than two eyasses may be taken by the same permittee 
during the specified period.
    (2) First-year (passage) birds may be taken only during the period 
specified by the State;
    (3) In no case shall the total of all periods of taking of eyasses 
or passage birds exceed 180 days during a calendar year, except that a 
marked raptor may be retrapped at any time; and
    (4) Only American kestrels (Falcosparverius) and great-horned owls 
(Bubo virginianus) may be taken when over one year old, except that any 
raptor other than endangered or threatened species taken under a 
depredation (or special purpose) permit may be used for falconry by 
General and Master falconers.
    (j) Other restrictions. State laws or regulations shall provide the 
following restrictions or conditions:
    (1) A person who possesses a lawfully acquired raptor before the 
enactment of these regulations and who fails to meet the permit 
requirements shall be allowed to retain the raptors. All such birds 
shall be identified with markers supplied by the Service and cannot be 
replaced if death, loss, release, or escape occurs.
    (2) If you possessed raptors before January 15, 1976, the date these 
regulations were enacted, and you had more than the number allowed under 
your permit, you may retain the extra raptors. However, each of those 
birds must be identified with markers we supplied, and you cannot 
replace any birds, nor can you obtain any additional raptors, until the 
number in your possession is at least one fewer than the total number 
authorized by the class of permit you hold.
    (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

[[Page 74]]

participants in a cooperative Federal/State permit system are designated 
by an asterisk (*).

*Alabama, *Alaska, Arizona, *Arkansas, *California, *Colorado, 
Connecticut, *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, 
*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; 70 FR 
34698, June 15, 2005]



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.

[[Page 75]]

    (d) Additional permit conditions. In addition to the general 
conditions found in part 13 of this chapter, raptor propagation permits 
are subject to the following additional conditions:
    (1) Facilities. Any tethered raptor possessed under this permit must 
be maintained in accordance with the Federal falconry standards for 
``facilities and equipment'' described in Sec. 21.29(g), unless a 
specific exception in writing is obtained. For untethered raptors, the 
breeding facilities must be soundly constructed and entirely enclosed 
with wood, wire netting, or other suitable material which provides a 
safe, health, environment. The design of such facilities and ancillary 
equipment must:
    (i) Minimize the risk of injury by providing protection from 
predators, disturbances that would likely cause harm, extreme weather 
conditions, and collision with interior or perimeter construction 
materials and equipment such as support poles, windows, wire netting, 
perches, or lights;
    (ii) Enhance sanitation by providing a well-drained floor, fresh air 
ventilation, source of light, fresh water for bathing and drinking, 
access for cleaning, and interior construction materials suitable for 
thorough cleaning or disinfection; and
    (iii) Enhance the welfare and breeding success of the raptors by 
providing suitable perches, nesting and feeding sites, and observation 
ports or inspection windows during times when disturbance is felt to be 
undesirable.
    (2) Incubation of eggs. Each permittee must notify the Director in 
writing within 5 days from the day the first egg is laid by any raptor 
held under a raptor propagation permit, but notice is not required more 
often than once every 60 days.
    (3) Marking requirement. Unless otherwise specifically exempted, 
every raptor possessed for propagation, including all progeny produced 
pursuant to the permitted activity, must be banded in accordance with 
the following provisions:
    (i) Except for captive-bred raptors lawfully marked with a seamless, 
numbered band provided by the Service, any raptor possessed for 
propagation purposes shall be banded with a permanent, non-reusable, 
numbered band issued by the Service.
    (ii) Unless specifically exempted by the conditions of the raptor 
propagation permit, each captive-bred raptor produced under authority of 
a raptor propagation permit shall be banded within two (2) weeks of 
hatching with a numbered, seamless band provided by the Service, placed 
on the raptor's leg (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

[[Page 76]]

    (iii) No raptor or raptor egg may be taken from the wild except in 
accordance with State law.
    (5) Transfer, purchase, sale, or barter of raptors, raptor eggs, or 
raptor semen. (i) A permittee may transfer any lawfully possessed 
raptor, raptor egg, or raptor semen to another permittee or transfer any 
raptor to a falconer who holds a valid State falconry permit if no money 
or other consideration is involved.
    (ii) A permittee may transfer, purchase, sell, or barter any raptor 
which is banded with a numbered seamless marker provided or authorized 
by the Service, subject to the following conditions:
    (A) When the permittee purchases from, sells to, or barters with any 
person in the U.S., that person must be authorized under this part to 
purchase, sell, or barter captive-bred raptors;
    (B) When the permittee purchases from or barters with any person in 
a foreign country, that person must be authorized by the competent 
wildlife management authority of the foreign country in which the 
transaction occurs to sell or barter captive-bred raptors; and
    (C) When the permittee transfers to, sells to or barters with any 
person in a foreign country, that person must be authorized to possess, 
purchase or barter captive-bred raptors by the competent wildlife 
management authority of his/her country of residence or domicile and the 
same wildlife management authority must certify in writing that the 
recipient is an experienced falconer or raptor propagator who is 
required to maintain any raptors in his/her possession under conditions 
that are comparable to the conditions under which a permittee must 
maintain raptors under Sec. 21.29 or Sec. 21.30. No certification is 
required if the competent wildlife management authority itself is the 
recipient of captive-bred raptors for conservation purposes.
    (iii) No raptor may be traded, transferred, purchased, sold, or 
bartered until it is two weeks old and only after it is properly banded 
with a nonreuseable marker provided or authorized by the Service, unless 
it is transferred, sold, or bartered to a State or Federal wildlife 
management agency for conservation purposes.
    (iv) A permittee may purchase, sell, or barter semen collected from 
any captive-bred raptor.
    (v) A permittee may not purchase, sell or barter any raptor eggs, 
any raptors taken from the wild, any raptor semen collected from the 
wild, or any raptors hatched from eggs taken from the wild.
    (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.

[[Page 77]]

    (10) Transfer to another. A permittee may not receive or otherwise 
acquire from, may not transfer or otherwise dispose of to, and may not 
loan to or temporarily place with another person any raptor unless that 
person is authorized to acquire, possess, and dispose of such raptors 
under a valid permit issued pursuant to this part and part 13 or as 
permitted by regulations in this part.
    (11) Use in falconry. A permittee may use a raptor possessed for 
propagation in the sport of falconry only if such use is designated in 
both the propagation permit and the permittee's falconry permit.
    (12) Interspecific hybridization. Hybridization between species 
(interspecific hybridization) is authorized only if each raptor produced 
by interspecific hybridization is either imprinted on humans (hand-
raised in isolation from the sight of other raptors from two weeks of 
age until it is fully feathered) or surgically sterilized.
    (13) Possession of dead raptors, non-viable eggs, nests, and 
feathers. (i) Upon the death of any raptor held under permit, a 
permittee must remove the marker and immediately return it to the 
Director. The carcass must be destroyed immediately, unless the 
permittee requests authorization from the Director to retain possession 
of it. A permittee who has obtained written authorization from the 
Director to retain possession of the carcass may transfer it to any 
other person authorized by the Service to possess it, provided no money 
or other consideration is involved.
    (ii) A permittee may possess addled or blown eggs, nests, and 
feathers from raptors held under permit and may transfer any of these 
items to any other person authorized by the Service to possess them 
provided no money or other consideration is involved.
    (14) Intentional release to the wild. (i) A permittee must obtain 
written authorization from the Director and the Director of the wildlife 
conservation department of the State in which release to the wild is 
proposed before intentionally releasing any raptor to the wild. The 
raptor marker must be removed from each bird and immediately returned to 
the Director. A Federal bird band must be attached to each raptor by a 
person designated by the Director before its release.
    (ii) No raptor produced by interspecific hybridization may be 
intentionally released to the wild.
    (15) Recordkeeping. A permittee must maintain complete and accurate 
records of all operations, to include the following:
    (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:

[[Page 78]]

    (1) Sale, barter, or transfer (include the sale price or a 
description of any other consideration involved),
    (2) Live loss,
    (3) Intentional release to the wild, or
    (4) Death.
    (D) Date of disposition: month, day, and year.
    (E) To whom or where stock disposed:
    (1) Name, address, and permit number of purchaser, barterer, or 
transferee, or
    (2) Description and location of other disposition.
    (iii) Production and pedigree record.
    (A) Mother and father(s):
    (1) Species,
    (2) Genotype-natal area, and
    (3) Marker number.
    (B) Insemination:
    (1) Natural,
    (2) Artificial, or
    (3) Combined.
    (C) Eggs laid:
    (1) Total,
    (2) First date, and
    (3) Last date.
    (D) Eggs hatched:
    (1) Total,
    (2) First date, and
    (3) Last date.
    (E) Young raised to 2 weeks of age:
    (1) Total produced, and
    (2) Marker number and date marked for each raptor.
    (16) Annual report. A permittee must submit an annual report by 
January 31 of each year for the preceding year to the Director. The 
report must include the following information for each species possessed 
by the permittee:
    (i) Number of raptors possessed as of December 31 (including the 
species, marker number, sex, and age of each raptor).
    (ii) Number of females laying eggs.
    (iii) Number of eggs laid.
    (iv) Number of eggs hatched.
    (v) Number of young raised to 2 weeks of age.
    (vi) Number of raptors purchased, sold, bartered, received, or 
transferred (including the species, marker number, sex, and age of each 
raptor) the date of the transaction, and the name, address and permit 
number of each purchaser, seller, barterer, transferor, or transferee.
    (e) Term of permit. A raptor propagation permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

[48 FR 31608, July 8, 1983, as amended at 49 FR 9736, Mar. 15, 1984; 54 
FR 38154, Sept. 14, 1989; 63 FR 52637, Oct. 1, 1998]



Sec. 21.31  Rehabilitation permits.

    (a) What is the permit requirement? Except as provided in Sec. 
21.12, a rehabilitation permit is required to take, temporarily possess, 
or transport any migratory bird for rehabilitation purposes. However, 
any person who finds a sick, injured, or orphaned migratory bird may, 
without a permit, take possession of the bird in order to immediately 
transport it to a permitted rehabilitator.
    (b) What are the general permit provisions? (1) The permit 
authorizes you to:
    (i) Take from the wild or receive from another person sick, injured, 
or orphaned migratory birds and to possess them and provide 
rehabilitative care for them for up to 180 days;
    (ii) Transport such birds to a suitable habitat for release, to 
another permitted rehabilitator's facilities, or to a veterinarian;
    (iii) Transfer, release, or euthanize such birds;
    (iv) Transfer or otherwise dispose of dead specimens; and
    (v) Receive, stabilize, and transfer within 48 hours types of 
migratory bird species not authorized by your permit, in cases of 
emergency. If a rehabilitator authorized to care for the bird is not 
available within that timeframe, you must contact the issuing office for 
authorization to retain the bird until it can be transferred.
    (2) The permit does not authorize the use of migratory birds for 
educational purposes.
    (c) How do I apply for a migratory bird rehabilitation permit? You 
must apply to the appropriate Regional Director--Attention Migratory 
Bird Permit Office. You can find addresses for the appropriate Regional 
Directors in Sec. 2.2 of subchapter A of this chapter. Your application 
package must consist of the following:
    (1) A completed application (Form 3-200-10b);

[[Page 79]]

    (2) A copy of your State rehabilitation permit, license, or other 
authorization, if one is required in your State; and
    (3) A check or money order made payable to the ``U.S. Fish and 
Wildlife Service'' in the amount of the application fee for permits 
issued under this section listed in Sec. 13.11 of this chapter.
    (d) What criteria will the Service consider before issuing a permit? 
(1) Upon receiving an application completed in accordance with paragraph 
(c) of this section, the Regional Director will decide whether to issue 
you a permit based on the general criteria of Sec. 13.21 of this 
chapter and whether you meet the following requirements:
    (i) You must be at least 18 years of age with at least 100 hours of 
hands-on experience, gained over the course of at least 1 whole year, 
rehabilitating the types of migratory birds you intend to rehabilitate 
(e.g., waterbirds, raptors), or comparable experience. Up to 20 hours of 
the 100-hour time requirement may be fulfilled by participation in 
migratory bird rehabilitation seminars and courses.
    (ii) Your facilities must be adequate to properly care for the 
type(s) of migratory bird species you intend to rehabilitate, or you 
must have a working relationship with a person or organization with such 
facilities.
    (iii) You must have an agreement with a licensed veterinarian to 
provide medical care for the birds you intend to rehabilitate, unless 
you are a licensed veterinarian.
    (iv) You must have a State permit, license, or other authorization 
to rehabilitate migratory birds if such authorization required by your 
State.
    (2) In issuing a permit, the Regional Director may place 
restrictions on the types of migratory bird species you are authorized 
to rehabilitate, based on your experience and facilities as well as on 
the specific physical requirements and behavioral traits of particular 
species.
    (e) What are the standard conditions for this permit? In addition to 
the general permit conditions set forth in part 13 of this chapter, 
rehabilitation permits are subject to the following conditions:
    (1) Facilities. You must conduct the activities authorized by this 
permit in appropriate facilities that are approved and identified on the 
face of your permit. In evaluating whether caging dimensions are 
adequate, the Service will use as a guideline the standards developed by 
the National Wildlife Rehabilitators Association and the International 
Wildlife Rehabilitation Council (Minimum Standards for Wildlife 
Rehabilitation, 2000).\1\ The Regional Migratory Bird Permit Office will 
authorize variation from the standards where doing so is reasonable and 
necessary to accommodate a particular rehabilitator's circumstances, 
unless a determination is made that such variation will jeopardize 
migratory birds. However, except as provided by paragraph (f)(2)(i) of 
this section, all facilities must adhere to the following criteria:
---------------------------------------------------------------------------

    \1\ Copies may be obtained by contacting either the National 
Wildlife Rehabilitators Association: 14 North 7th Avenue, St. Cloud MN 
56303-4766, http://www.nwawildlife.org/default.asp; or the International 
Wildlife Rehabilitation Council: 829 Bancroft Way, Berkeley, CA 94710, 
http://www.iwrc-online.org.
---------------------------------------------------------------------------

    (i) Rehabilitation facilities for migratory birds must be secure and 
provide protection from predators, domestic animals, undue human 
disturbance, sun, wind, and inclement weather.
    (ii) Caging must be made of a material that will not entangle or 
cause injury to the type of birds that will be housed within.
    (iii) Enclosures must be kept clean, well-ventilated, and hygienic.
    (iv) Birds must not be overcrowded, and must be provided enough 
perches, if applicable.
    (v) Birds must be housed only with compatible migratory bird 
species.
    (vi) Birds may not be displayed to the public unless you use video 
equipment, barriers, or other methods to reduce noise and exposure to 
humans to levels the birds would normally encounter in their habitat. 
You may not use any equipment for this purpose that causes stress or 
harm, or impedes the rehabilitation of any bird.
    (2) Dietary requirements. You must provide the birds in your care 
with a

[[Page 80]]

diet that is appropriate and nutritionally approximates the natural diet 
consumed by the species in the wild, with consideration for the age and 
health of the individual bird.
    (3) Subpermittees. Except as provided by paragraph (f)(2)(ii) of 
this section, anyone who will be performing activities that require 
permit authorization under paragraph (b)(1) of this section when you or 
a subpermittee are not present, including any individual who transports 
birds to or from your facility on a regular basis, must either possess 
his or her own Federal rehabilitation permit, or be authorized as your 
subpermittee by being named in writing to your issuing Migratory Bird 
Permit Office. Subpermittees must be at least 18 years of age and 
possess sufficient experience to tend the species in their care. 
Subpermittees authorized to care for migratory birds at a site other 
than your facility must have facilities adequate to house the species in 
their care, based on the criteria of paragraph (e)(1) of this section. 
All such facilities must be approved by the issuing office. As the 
primary permittee, you are legally responsible for ensuring that your 
subpermittees, staff, and volunteers adhere to the terms of your permit 
when conducting migratory bird rehabilitation activities.
    (4) Disposition of birds under your care. (i) You must take every 
precaution to avoid imprinting or habituating birds in your care to 
humans. If a bird becomes imprinted to humans while under your care, you 
will be required to transfer the bird as directed by the issuing office.
    (ii) You may not retain migratory birds longer than 180 days without 
additional authorization from your Regional Migratory Bird Permit 
Office. You must release all recuperated birds to suitable habitat as 
soon as seasonal conditions allow, following recovery of the bird. If 
the appropriate season for release is outside the 180-day timeframe, you 
must seek authorization from the Service to hold the bird until the 
appropriate season. Before releasing a threatened or endangered 
migratory bird, you must coordinate with your issuing Migratory Bird 
Permit Office.
    (iii) You must euthanize any bird that cannot feed itself, perch 
upright, or ambulate without inflicting additional injuries to itself 
where medical and/or rehabilitative care will not reverse such 
conditions. You must euthanize any bird that is completely blind, and 
any bird that has sustained injuries that would require amputation of a 
leg, a foot, or a wing at the elbow or above (humero-ulnar joint) rather 
than performing such surgery, unless:
    (A) A licensed veterinarian submits a written recommendation that 
the bird should be kept alive, including an analysis of why the bird is 
not expected to experience the injuries and/or ailments that typically 
occur in birds with these injuries and a commitment (from the 
veterinarian) to provide medical care for the bird for the duration of 
its life, including complete examinations at least once a year;
    (B) A placement is available for the bird with a person or facility 
authorized to possess it, where it will receive the veterinary care 
described in paragraph (e)(4)(iii)(A) of this section; and
    (C) The issuing office specifically authorizes continued possession, 
medical treatment, and rehabilitative care of the bird.
    (iv) You must obtain authorization from your issuing Migratory Bird 
Permit Office before euthanizing endangered and threatened migratory 
bird species. In rare cases, the Service may designate a disposition 
other than euthanasia for those birds. If Service personnel are not 
available, you may euthanize endangered and threatened migratory birds 
without Service authorization when prompt euthanasia is warranted by 
humane consideration for the welfare of the bird.
    (v) You may place nonreleasable live birds that are suitable for use 
in educational programs, foster parenting, research projects, or other 
permitted activities with persons permitted or otherwise authorized to 
possess such birds, with prior approval from your issuing Migratory Bird 
Permit Office.
    (vi)(A) You may donate dead birds and parts thereof, except 
threatened and endangered species, and bald and golden eagles, to 
persons authorized by

[[Page 81]]

permit to possess migratory bird specimens or exempted from permit 
requirements under Sec. 21.12.
    (B) You must obtain approval from your issuing office before 
disposing of or transferring any live or dead endangered or threatened 
migratory bird specimen, parts, or feathers.
    (C) You must send all dead bald and golden eagles, and their parts 
and feathers to: National Eagle Repository, Building 128, Rocky Mountain 
Arsenal, Commerce City, CO 80022. If your State requires you to notify 
State wildlife officers of a dead bald or golden eagle before sending 
the eagle to the Repository you must comply with State regulations. 
States may assume temporary possession of the carcasses for purposes of 
necropsy.
    (D) Unless specifically required to do otherwise by the Service, you 
must promptly destroy all other dead specimens by such means as are 
necessary to prevent any exposure of the specimens to animals in the 
wild.
    (vii) With authorization from your issuing Migratory Bird Permit 
Office, you may hold a nonreleasable bird longer than 180 days for the 
purpose of fostering juveniles during their rehabilitation. You may also 
use birds you possess under an educational permit to foster juveniles.
    (viii) You may possess a reasonable number of feathers for imping 
purposes, based on the numbers and species of birds for which you 
regularly provide care.
    (ix) You may draw blood and take other medical samples for purposes 
of the diagnosis and recovery of birds under your care, or for transfer 
to authorized facilities conducting research pertaining to a contagious 
disease or other public health hazard.
    (x) You may conduct necropsies on dead specimens in your possession, 
except that you must obtain approval from your Regional Migratory Bird 
Permit Office before conducting necropsies on threatened or endangered 
species.
    (xi) This permit does not confer ownership of any migratory bird. 
All birds held under this permit remain under the stewardship of the 
U.S. Fish and Wildlife Service.
    (5) Notification to the U.S. Fish and Wildlife Service. (i) You must 
notify your issuing Migratory Bird Permit Office within 24 hours of 
acquiring a threatened or endangered migratory bird species, or bald or 
golden eagle, whether live or dead. You may be required to transfer 
these birds to another facility designated by the Service.
    (ii) You must immediately notify the local U.S. Fish and Wildlife 
Service Law Enforcement Office if you have reason to believe a bird has 
been poisoned, electrocuted, shot, or otherwise subjected to criminal 
activity. Contact information for your local Service Law Enforcement 
office is listed on your permit, or you can obtain it on the Internet at 
http://offices.fws.gov.
    (iii) If the sickness, injury, or death of any bird is due or likely 
due to avian virus, or other contagious disease or public health hazard, 
you must notify and comply with the instructions given by the State or 
local authority that is responsible for tracking the suspected disease 
or hazard in your location, if that agency is currently collecting such 
information from the public.
    (6) You must maintain a working relationship with a licensed 
veterinarian. If your working relationship with your original 
cooperating veterinarian is dissolved, you must establish an agreement 
within 30 days with another licensed veterinarian to provide medical 
services to the birds in your care, and furnish a copy of this agreement 
to the issuing office.
    (7) Recordkeeping. You must maintain complete and accurate records 
of all migratory birds that you receive, including for each bird the 
date received, type of injury or illness, disposition, and date of 
disposition. You must retain these records for 5 years following the end 
of the calendar year covered by the records.
    (8) Annual report. You must submit an annual report that includes 
the information required by paragraph (e)(7) for the preceding calendar 
year to your issuing Migratory Bird Permit Office by the date required 
on your permit. You may complete Service Form 3-202-4, or submit your 
annual report from a database you maintain, provided your

[[Page 82]]

report contains all, and only, the information required by Form 3-202-4.
    (9) At the discretion of the Regional Director, we may stipulate on 
the face of your permit additional conditions compatible with the permit 
conditions set forth in this section, to place limits on numbers and/or 
types of birds you may possess under your permit, to stipulate 
authorized location(s) for your rehabilitation activities, or otherwise 
specify permitted activities, based on your experience and facilities.
    (f) How does this permit apply to oil and hazardous waste spills? 
Prior to entering the location of an oil or hazardous material spill, 
you must obtain authorization from the U.S. Fish and Wildlife Service 
Field Response Coordinator or other designated Service representative 
and obtain permission from the On-Scene Coordinator. All activities 
within the location of the spill are subject to the authority of the On-
Scene Coordinator. The U.S. Fish and Wildlife Service is responsible for 
the disposition of all migratory birds, dead or alive.
    (1) Permit provisions in oil or hazardous material spills. (i) In 
addition to the rehabilitation permit provisions set forth in paragraph 
(b) of this section, when under the authority of the designated U.S. 
Fish and Wildlife Service representative this permit further authorizes 
you to temporarily possess healthy, unaffected birds for the purpose of 
removing them from imminent danger.
    (ii) This permit does not authorize salvage of dead migratory birds. 
When dead migratory birds are discovered, a Service law enforcement 
officer must be notified immediately in order to coordinate the handling 
and collection of evidence. Contact information for your local Service 
Law Enforcement office is listed on your permit and on the Internet at 
http://offices.fws.gov. The designated Service representative will have 
direct control and responsibility over all live migratory birds, and 
will coordinate the collection, storage, and handling of any dead 
migratory birds with the Service's Division of Law Enforcement.
    (iii) You must notify your issuing Migratory Bird Permit Office of 
any migratory birds in your possession within 24 hours of removing such 
birds from the area.
    (2) Conditions specific to oil and hazardous waste spills--(i) 
Facilities. Facilities used at the scene of oil or hazardous waste 
spills may be temporary and/or mobile, and may provide less space and 
protection from noise and disturbance than facilities authorized under 
paragraph (e)(1) of this section. Such facilities should conform as 
closely as possible with the facility specifications contained in the 
Service policy titled Best Practices for Migratory Bird Care During Oil 
Spill Response.\2\
---------------------------------------------------------------------------

    \2\ You can obtain copies of this document by writing to the U.S. 
Fish and Wildlife Service, Division of Environmental Quality, 4401 North 
Fairfax Drive, MS 322, Arlington, VA, 22203.
---------------------------------------------------------------------------

    (ii) Subpermittees. In cases of oil and hazardous waste spills, 
persons who assist with cleaning or treating migratory birds at the on-
scene facility will not be required to have a rehabilitation permit or 
be a subpermittee; however, volunteers must be trained in rescue 
protocol for migratory birds affected by oil and hazardous waste spills. 
A permit (or subpermittee designation) is required to perform extended 
rehabilitation of such birds, after initial cleaning and treating, at a 
subsequent location.
    (g) Will I also need a permit from the State in which I live? If 
your State requires a license, permit, or other authorization to 
rehabilitate migratory birds, your Federal migratory bird rehabilitation 
permit will not be valid if you do not also possess and adhere to the 
terms of the required State authorization, in addition to the Federal 
permit. Nothing in this section prevents a State from making and 
enforcing laws or regulations consistent with this section that are more 
restrictive or give further protection to migratory birds.
    (h) How long is a migratory bird rehabilitation permit valid? Your 
rehabilitation permit will expire on the date designated on the face of 
the permit unless amended or revoked. No rehabilitation permit will have 
a term exceeding 5 years.
    (i) Will I need to apply for a new permit under this section if I 
already have a special purpose permit to rehabilitate migratory birds, 
issued under Sec. 21.27 (Special

[[Page 83]]

purpose permits)? (1) If you had a valid Special Purpose--Migratory Bird 
Rehabilitation Permit issued under Sec. 21.27 on November 26, 2003, 
your permit will remain valid until the expiration date listed on its 
face. If you renew your permit, it will be issued under this section.
    (2) If your original permit authorization predates permit 
application procedures requiring submission of photographs and diagrams 
for approval of your facilities, and your facilities have never been 
approved by the migratory bird permit office on the basis of such 
photographs and diagrams, you must submit photographs and diagrams of 
your facilities as part of your renewal application. If those facilities 
do not meet the criteria set forth under this section, your permit may 
be renewed for only 1 year. We will re-evaluate your facilities when you 
seek renewal in a year. If you have made the improvements necessary to 
bring your facilities into compliance with paragraph (e)(1) of this 
section, and the other criteria within this section for permit issuance 
are met, your permit may be renewed for up to the full 5-year tenure.
    (3) If your facilities have already been approved on the basis of 
photographs and diagrams, and authorized under a valid Sec. 21.27 
special purpose permit, then they are preapproved to be authorized under 
your new permit issued under this section, unless those facilities have 
materially diminished in size or quality from what was authorized when 
you last renewed your permit, or unless you wish to expand the 
authorizations granted by your permit (e.g., the number or types of 
birds you rehabilitate). Regulations governing permit renewal are set 
forth in Sec. 13.22 of this chapter.

[68 FR 61137, Oct. 27, 2003]



     Subpart D_Control of Depredating and Otherwise Injurious 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 84]]



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 85]]

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 86]]

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.

    (a) What is the purpose of this depredation order? The purpose of 
this depredation order is to help reduce depredation of aquacultural 
stock by double-crested cormorants at private fish farms and State and 
Federal fish hatcheries.
    (b) In what areas can this depredation order be implemented? This 
depredation order applies to commercial freshwater aquaculture 
facilities and to State and Federal fish hatcheries in the States of 
Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Minnesota, 
Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, and 
Texas.
    (c) What does this depredation order allow and who can participate? 
(1) This depredation order authorizes landowners, operators, and tenants 
(or their employees or agents) actually engaged in the commercial, 
Federal, or State production of freshwater aquaculture stocks to take, 
without a Federal permit, double-crested cormorants when they are found 
committing or about to commit depredations to aquaculture stocks. This 
authority is applicable only during daylight hours and only within the 
boundaries of freshwater commercial aquaculture facilities or State and 
Federal hatcheries.
    (2) This depredation order authorizes employees of the Wildlife 
Services program of the U.S. Department of Agriculture Animal and Plant 
Health Inspection Service to take double-crested cormorants, with 
appropriate landowner permission, at roost sites in the vicinity of 
aquaculture facilities, at any time, day or night, during the months of 
October, November, December, January, February, March, and April.
    (3) Authorized employees of the Wildlife Services program of the 
U.S. Department of Agriculture Animal and Plant Health Inspection 
Service may designate agents to carry out control, provided these 
individuals act under the conditions of the order.
    (d) What are the terms and conditions of this order? (1) Persons 
operating under paragraph (c)(1) of this section may only do so in 
conjunction with an established nonlethal harassment program as 
certified by officials of the Wildlife Services program of the U.S. 
Department of Agriculture Animal and Plant Health Inspection Service. 
Wildlife Services directive 2.330 outlines this certification process.
    (2) Double-crested cormorants may be taken only by shooting with 
firearms, including rifles. Persons using

[[Page 87]]

shotguns are required to use nontoxic shot as listed in 50 CFR 20.21(j).
    (3) Persons operating under this depredation order may use decoys, 
taped calls, or other devices to lure within gun range birds committing 
or about to commit depredations.
    (4) Persons operating under this depredation order must obtain 
appropriate landowner permission before implementing activities 
authorized by the order.
    (5) Double-crested cormorants may not be killed 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 or 
other permits, if required.
    (6) Persons operating under this depredation order must properly 
dispose of double-crested cormorants killed in control efforts:
    (i) Individuals may donate birds killed under authority of this 
order to museums or other such scientific and educational institutions 
for the purposes of scientific or educational exhibition;
    (ii) Individuals may also bury or incinerate birds taken; and
    (iii) Individuals may not allow birds taken under this order, or 
their plumage, to be sold, offered for sale, bartered, or shipped for 
purpose of sale or barter.
    (7) Nothing in this depredation order authorizes the take of any 
migratory bird species other than double-crested cormorants. Two look-
alike species co-occur with double-crested cormorants in the 
southeastern States: the anhinga, which occurs across the southeastern 
United States, and the neotropic cormorant, which is found in varying 
numbers in Texas, Louisiana, and Oklahoma. Both species can be mistaken 
for double-crested cormorants, but take of these two species is not 
authorized under this depredation order. Persons operating under this 
order must immediately report the take of a migratory bird species other 
than double-crested cormorants to the appropriate Service Regional 
Migratory Bird Permit Office.
    (8) Nothing in this depredation order authorizes the take of any 
species protected by the Endangered Species Act. Persons operating under 
this order must immediately report the take of species protected under 
the Endangered Species Act to the Service.
    (i) To protect wood storks and bald eagles, the following 
conservation measures must be observed within any geographic area where 
Endangered Species Act protection applies to these species: All control 
activities are allowed if the activities occur more than 1,500 feet from 
active wood stork nesting colonies, more than 1,000 feet from active 
wood stork roost sites, and more than 750 feet from feeding wood storks, 
and if they occur more than 750 feet from active bald eagle nests.
    (ii) At their discretion, landowners, operators, and tenants may 
contact the Regional Migratory Bird Permit Office to request 
modification of the measures listed in paragraph (d)(8)(i) of this 
section. Such modification can occur only if the Regional Director 
determines, on the basis of coordination between the Regional Migratory 
Bird Permit Office and the Endangered Species Field Office, that wood 
storks and bald eagles will not be adversely affected.
    (iii) If adverse effects are anticipated from the control activities 
in a geographical area where Endangered Species Act protection applies 
to wood storks or bald eagles, either during the intra-Service 
coordination discussions described above or at any other time, the 
Regional Migratory Bird Permit Office will initiate consultation with 
the Endangered Species Field Offices.
    (9) Persons operating under this depredation order must:
    (i) Keep a log recording the date, number, and location of all birds 
killed each year under this authorization;
    (ii) Maintain this log for a period of 3 years (and maintain records 
for 3 previous years of takings at all times thereafter); and
    (iii) Each year, provide the previous year's log to the appropriate 
Service Regional Migratory Bird Permit Office. Regional Office addresses 
are found in Sec. 2.2 of subchapter A of this chapter.
    (10) We reserve the right to suspend or revoke the authority of any 
Agency or individual granted by this order if we find that the specified 
purpose, terms, and conditions have not been

[[Page 88]]

adhered to by that Agency or individual or if the long-term 
sustainability of double-crested cormorant populations is threatened by 
that Agency's or individual's action(s). The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals shall be made to the Director.
    (e) Does this section contain information collection requirements? 
Yes, the information collection requirements in this section are 
approved by the Office of Management and Budget (OMB) under OMB control 
number 1018-0121. Federal agencies 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.
    (f) When does this depredation order expire? This depredation order 
will automatically expire on April 30, 2009, unless revoked or extended 
prior to that date.

[68 FR 58034, Oct. 8, 2003]



Sec. 21.48  Depredation order for double-crested cormorants to protect

public resources.

    (a) What is the purpose of this depredation order? The purpose of 
this depredation order is to reduce the occurrence and/or minimize the 
risk of adverse impacts to public resources (fish, wildlife, plants, and 
their habitats) caused by double-crested cormorants.
    (b) In what areas can this depredation order be implemented? This 
depredation order applies to all lands and freshwaters in the States of 
Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, 
Kentucky, Louisiana, Michigan, Minnesota, Mississippi, Missouri, New 
York, North Carolina, Ohio, Oklahoma, South Carolina, Tennessee, Texas, 
Vermont, West Virginia, and Wisconsin.
    (c) What does this depredation order allow and who can participate? 
(1) This depredation order authorizes State fish and wildlife agencies, 
Federally recognized Tribes, and State Directors of the Wildlife 
Services program of the U.S. Department of Agriculture Animal and Plant 
Health Inspection Service (collectively termed ``Agencies'') to prevent 
depredations on the public resources of fish (including hatchery stock 
at Federal, State, and Tribal facilities), wildlife, plants, and their 
habitats by taking without a permit double-crested cormorants found 
committing or about to commit, such depredations.
    (2) Agencies may designate agents to carry out control, provided 
those individuals act under the conditions of the order.
    (3) Federally recognized Tribes and their agents may carry out 
control only on reservation lands or ceded lands within their 
jurisdiction.
    (d) What are the terms and conditions of this order? (1) Persons 
operating under this order should first utilize nonlethal control 
methods such as harassment and exclusion devices when these are 
considered effective and practicable and not harmful to other nesting 
birds by the responsible Agency.
    (2) Double-crested cormorants may be taken only by means of egg 
oiling, egg and nest destruction, cervical dislocation, firearms, and 
CO2 asphyxiation. Persons using shotguns must use nontoxic 
shot, as listed in 50 CFR 20.21(j). Persons using egg oiling must use 
100 percent corn oil, a substance exempted from regulation by the U.S. 
Environmental Protection Agency under the Federal Insecticide, 
Fungicide, and Rodenticide Act.
    (3) Persons operating under this depredation order may use decoys, 
taped calls, or other devices to lure within gun range birds committing 
or about to commit depredation of public resources.
    (4) Persons operating under this depredation order must obtain 
appropriate landowner permission before implementing activities 
authorized by the order.
    (5) Persons operating under this depredation order may not take 
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 or other permits, if 
required.

[[Page 89]]

    (6) Persons operating under this depredation order must properly 
dispose of double-crested cormorants killed in control efforts:
    (i) Individuals may donate birds killed under authority of this 
order to museums or other such scientific and educational institutions 
for the purposes of scientific or educational exhibition;
    (ii) Individuals may also bury or incinerate birds taken; and
    (iii) Individuals may not allow birds taken under this order, or 
their plumage, to be sold, offered for sale, bartered, or shipped for 
purpose of sale or barter.
    (7) Nothing in this depredation order authorizes the take of any 
migratory bird species other than double-crested cormorants. Two look-
alike species co-occur with double-crested cormorants in the 
southeastern States: the anhinga, which occurs across the southeastern 
United States, and the neotropic cormorant, which is found in varying 
numbers in Texas, Louisiana, Kansas, and Oklahoma. Both species can be 
mistaken for double-crested cormorants, but take of these two species is 
not authorized under this depredation order. Persons operating under 
this order must immediately report the take of a migratory bird species 
other than double-crested cormorants to the appropriate Service Regional 
Migratory Bird Permit Office.
    (8) Nothing in this depredation order authorizes the take of any 
species protected by the Endangered Species Act. Persons operating under 
this order must immediately report the take of species protected under 
the Endangered Species Act to the Service.
    (i) To protect piping plovers, interior least terns, wood storks, 
and bald eagles, the following conservation measures must be observed 
within any geographic area where Endangered Species Act protection 
applies to these species:
    (A) The discharge/use of firearms to kill or harass double-crested 
cormorants or use of other harassment methods are allowed if the control 
activities occur more than 1,000 feet from active piping plover or 
interior least tern nests or colonies; occur more than 1,500 feet from 
active wood stork nesting colonies, more than 1,000 feet from active 
wood stork roost sites, and more than 750 feet from feeding wood storks; 
or occur more than 750 feet from active bald eagle nests;
    (B) Other control activities such as egg oiling, cervical 
dislocation, CO2 asphyxiation, egg destruction, or nest 
destruction are allowed if these activities occur more than 500 feet 
from active piping plover or interior least tern nests or colonies; 
occur more than 1,500 feet from active wood stork nesting colonies, more 
than 1,000 feet from active wood stork roost sites, and more than 750 
feet from feeding wood storks; or occur more than 750 feet from active 
bald eagle nests;
    (C) To ensure adequate protection of piping plovers, any Agency or 
its agents who plan to implement control activities that may affect 
areas designated as piping plover critical habitat in the Great Lakes 
Region are to obtain prior approval from the appropriate Regional 
Director. Requests for approval of activities in these areas must be 
submitted to the Regional Migratory Bird Permit Office. The Regional 
Migratory Bird Permit Office will then coordinate with the Endangered 
Species Field Office staff to assess whether the measures in paragraph 
(d)(8)(i)(B) of this section are adequate.
    (ii) At their discretion, Agencies or their agents may contact the 
Regional Migratory Bird Permit Office to request modification of the 
above measures. Such modification can occur only if the Regional 
Director determines, on the basis of coordination between the Regional 
Migratory Bird Permit Office and the Endangered Species Field Office, 
that the species listed in paragraph (d)(8)(i) of this section will not 
be adversely affected.
    (iii) If adverse effects are anticipated from the control activities 
in a geographical area where Endangered Species Act protection applies 
to any of the four species listed in paragraph (d)(8)(i) of this 
section, either during the intra-Service coordination discussions 
described in paragraph (d)(8)(i)(C) of this section or at any other 
time, the Regional Migratory Bird Permit Office will initiate 
consultation with the Endangered Species Field Offices.

[[Page 90]]

    (9) Responsible Agencies must, before they initiate any control 
activities in a given year, provide a one-time written notice to the 
appropriate Service Regional Migratory Bird Permit Office indicating 
that they intend to act under this order.
    (i) Additionally, if any Agency plans a single control action that 
would individually, or a succession of such actions that would 
cumulatively, kill more than 10 percent of the double-crested cormorants 
in a breeding colony, it must first provide written notification to the 
appropriate Service Regional Migratory Bird Permit Office. This letter 
must be received no later than 30 days in advance of the activity and 
must provide:
    (A) The location (indicating specific colonies, if applicable) of 
the proposed control activity;
    (B) A description of the proposed control activity, specifying what 
public resources are being impacted, how many birds are likely to be 
taken and what approximate percentage they are of total DCCOs present, 
and which species of other birds are present; and
    (C) Contact information for the person in charge of the control 
action.
    (ii) The Regional Director may prevent any such activity by 
notifying the agency in writing if the Regional Director deems the 
activity a threat to the long-term sustainability of double-crested 
cormorants or any other migratory bird species.
    (10) Persons operating under this order must keep records of all 
activities, including those of designated agents, carried out under this 
order. On an annual basis, Agencies must provide the Service Regional 
Migratory Bird Permit Office with a report detailing activities 
conducted under the authority of this order, including:
    (i) By date and location, a summary of the number of double-crested 
cormorants killed and/or number of nests in which eggs were oiled;
    (ii) A statement of efforts being made to minimize incidental take 
of nontarget species and a report of the number and species of migratory 
birds involved in such take, if any;
    (iii) A description of the impacts or anticipated impacts to public 
resources by double-crested cormorants and a statement of the management 
objectives for the area in question;
    (iv) A description of the evidence supporting the conclusion that 
double-crested cormorants are causing or will cause these impacts;
    (v) A discussion of other limiting factors affecting the resource 
(e.g., biological, environmental, and socioeconomic); and
    (vi) A discussion of how control efforts are expected to, or 
actually did, alleviate resource impacts.
    (11) Agencies must provide annual reports to the appropriate Service 
Regional Migratory Bird Permit Office, as described in paragraph (d)(10) 
of this section, by December 31 for the reporting period October 1 of 
the previous year to September 30 of the same year. For example, reports 
for the period October 1, 2003, to September 30, 2004, would be due on 
or before December 31, 2004. The Service will regularly review Agency 
reports and will periodically assess the overall impact of this program 
to ensure compatibility with the long-term conservation of double-
crested cormorants and other resources.
    (12) In some situations, Agencies may deem it necessary to reduce or 
eliminate local breeding populations of double-crested cormorants to 
reduce the occurrence of resource impacts.
    (i) For such actions, Agencies must:
    (A) Comply with paragraph (d)(9) of this section;
    (B) Carefully plan activities to avoid disturbance of nontarget 
species;
    (C) Evaluate effects of management activities on cormorants at the 
control site;
    (D) Evaluate, by means of collecting data or using best available 
information, effects of management activities on the public resources 
being protected and on nontarget species; and
    (E) Include this information in the report described in paragraph 
(d)(10) of this section.
    (ii) Agencies may coordinate with the appropriate Service Regional 
Migratory Bird Permit Office in the preparation of this information to 
attain technical or other assistance.
    (13) We reserve the right to suspend or revoke the authority of any 
Agency, Tribe, or State Director granted by

[[Page 91]]

this order if we find that the specified purpose, terms, and conditions 
have not been adhered to or if the long-term sustainability of double-
crested cormorant populations is threatened by the action(s) of that 
Agency, Tribe, or State Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals shall be made to the Director.
    (e) Does this section contain information collection requirements? 
Yes, the information collection requirements in this section are 
approved by the Office of Management and Budget (OMB) under OMB control 
number 1018-0121. Federal agencies 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.
    (f) When does this depredation order expire? This depredation order 
will automatically expire on April 30, 2009, unless revoked or extended 
prior to that date.

[68 FR 58035, Oct. 8, 2003]



Sec. 21.49  Control order for resident Canada geese at airports and

military airfields.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the control order for resident Canada geese at airports, 
and what is its purpose? The airport control order authorizes managers 
at commercial, public, and private airports (airports) (and their 
employees or their agents) and military air operation facilities 
(military airfields) (and their employees or their agents) to establish 
and implement a control and management program when necessary to resolve 
or prevent threats to public safety from resident Canada geese. Control 
and management activities include indirect and/or direct control 
strategies such as trapping and relocation, nest and egg destruction, 
gosling and adult trapping and culling programs, or other lethal and 
non-lethal control strategies.
    (c) Who may participate in the program? To be designated as an 
airport that is authorized to participate in this program, an airport 
must be part of the National Plan of Integrated Airport Systems and have 
received Federal grant-in-aid assistance, or a military airfield, 
meaning an airfield or air station that is under the jurisdiction, 
custody, or control of the Secretary of a military department. Only 
airports and military airfields in the lower 48 States and the District 
of Columbia are eligible to conduct and implement the various resident 
Canada goose control and management program components.
    (d) What are the restrictions of the control order for resident 
Canada geese at airports and military airfields? The airport control 
order for resident Canada geese is subject to the following 
restrictions:
    (1) Airports and military airfields should use nonlethal goose 
management tools to the extent they deem appropriate. To minimize lethal 
take, airports and military airfields should follow this procedure:
    (i) Assess the problem to determine its extent or magnitude, its 
impact on current operations, and the appropriate control method to be 
used.
    (ii) Base control methods on sound biological, environmental, 
social, and cultural factors.
    (iii) Formulate appropriate methods into a control strategy that 
uses several control techniques rather than relying on a single method.
    (iv) Implement all appropriate nonlethal management techniques (such 
as harassment and habitat modification) in conjunction with take 
authorized under this order.
    (2)(i) Methods of take for the control of resident Canada geese are 
at the airport's and military airfield's discretion from among the 
following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shooting,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.

[[Page 92]]

    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, and local laws, and their use must comply with any labeling 
restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (3) Airports and military airfields may conduct management and 
control activities, involving the take of resident Canada geese, under 
this section between April 1 and September 15. The destruction of 
resident Canada goose nests and eggs may take place between March 1 and 
June 30.
    (4) Airports and military airfields and their employees and agents 
may possess, transport, and otherwise dispose of resident Canada geese 
taken under this section. Disposal of birds taken under this order may 
be by donation to public museums or public institutions for scientific 
or educational purposes, processing for human consumption and subsequent 
distribution free of charge to charitable organizations, or burial or 
incineration. Airports/military airfields, their employees, and 
designated agents may not sell, offer for sale, barter, or ship for the 
purpose of sale or barter any resident Canada geese taken under this 
section, nor their plumage or eggs. Any specimens needed for scientific 
purposes as determined by the Regional Director must not be destroyed, 
and information on birds carrying metal leg bands must be submitted to 
the Bird Banding Laboratory by means of a toll-free telephone number at 
1-800-327-BAND (or 2263).
    (5) Resident Canada geese may be taken only within the airport, or 
the military base on which a military airfield is located, or within a 
3-mile radius of the outer boundary of such a facility. Airports and 
military airfields or their agents must first obtain all necessary 
authorizations from landowners for all management activities conducted 
outside the airport or military airfield's boundaries and be in 
compliance with all State and local laws and regulations.
    (6) Nothing in this section authorizes the killing of resident 
Canada geese or destruction of their nests and eggs contrary to the laws 
or regulations of any State or Tribe, and none of the privileges of this 
section may be exercised unless the airport or military airfield 
possesses the appropriate State or Tribal authorization or other permits 
required by the State or Tribe. Moreover, this section does not 
authorize the killing of any migratory bird species or destruction of 
their nest or eggs other than resident Canada geese.
    (7) Authorized airports and military airfields, and their employees 
and agents operating under the provisions of this section may not use 
decoys, calls, or other devices to lure birds within gun range.
    (8) Airports and military airfields exercising the privileges 
granted by this section must submit an annual report summarizing 
activities, including the date and numbers and location of birds, nests, 
and eggs taken, by December 31 of each year to the Regional Migratory 
Bird Permit Office listed in Sec. 2.2 of this subchapter.
    (9) Nothing in this section applies to any Federal land without 
written permission of the Federal agency with jurisdiction.
    (10) Airports and military airfields may not undertake any actions 
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. Persons operating under this 
order must immediately report the take of any species protected under 
the Endangered Species Act to the Service. Further, to protect certain 
species from being adversely affected by management actions, airports 
and military airfields must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;

[[Page 93]]

    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Ecological Services Office (for the 
Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife 
Office (for Salton Sea sites) if control activities are proposed in or 
around occupied habitats (cattail or cattail bulrush marshes) to discuss 
the proposed activity and ensure that implementation will not adversely 
affect clapper rails or their habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the appropriate local FWS 
field office and in accordance with standard local operating procedures 
for avoiding adverse effects to the species or its critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.
    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (e) Can the control order be suspended? We reserve the right to 
suspend or revoke an airport's or military airfield's authority under 
this control order if we find that the terms and conditions specified in 
the control order have not been adhered to by that airport or military 
airfield. Final decisions to revoke authority will be made by the 
appropriate Regional Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this control order. For 
purposes of Sec. 13.29(e), appeals must be made to the Director.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the control order? OMB has 
approved the information collection and recordkeeping requirements of 
the control order under OMB control number 1018-0133. We 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. You 
may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222--ARLSQ, 1849 C Street NW., 
Washington, DC 20240.

[71 FR 45986, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007]



Sec. 21.50  Depredation order for resident Canada geese nests and eggs.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the depredation order for resident Canada geese nests 
and eggs, and what is its purpose? The nest and egg depredation order 
for resident Canada geese authorizes private landowners and managers of 
public lands (landowners); homeowners' associations; and village, town, 
municipality, and county governments (local governments); and the 
employees or agents of any of these persons or entities to destroy 
resident Canada goose nests and eggs on property under their 
jurisdiction when necessary to resolve or prevent injury to people, 
property, agricultural crops, or other interests.
    (c) Who may participate in the depredation order? Only landowners, 
homeowners' associations, and local governments (and their employees or 
their agents) in the lower 48 States and the

[[Page 94]]

District of Columbia are eligible to implement the resident Canada goose 
nest and egg depredation order.
    (d) What are the restrictions of the depredation order for resident 
Canada goose nests and eggs? The resident Canada goose nest and egg 
depredation order is subject to the following restrictions:
    (1) Before any management actions can be taken, landowners, 
homeowners' associations, and local governments must register with the 
Service at https://epermits.fws.gov/eRCGR. Landowners, homeowners' 
associations, and local governments (collectively termed 
``registrants'') must also register each employee or agent working on 
their behalf. Once registered, registrants and agents will be authorized 
to act under the depredation order.
    (2) Registrants authorized to operate under the depredation order 
must use nonlethal goose management techniques to the extent they deem 
appropriate in an effort to minimize take.
    (3) Methods of nest and egg destruction or take are at the 
registrant's discretion from among the following:
    (i) Egg oiling, using 100 percent corn oil, a substance exempted 
from regulation by the U.S. Environmental Protection Agency under the 
Federal Insecticide, Fungicide, and Rodenticide Act, and
    (ii) Egg and nest destruction, including but not limited to the 
removal and disposal of eggs and nest material.
    (4) Registrants may conduct resident Canada goose nest and egg 
destruction activities between March 1 and June 30. Homeowners' 
associations and local governments or their agents must obtain landowner 
consent prior to destroying nests and eggs on private property within 
the homeowners' association or local government's jurisdiction and be in 
compliance with all State and local laws and regulations.
    (5) Registrants authorized to operate under the depredation order 
may possess, transport, and dispose of resident Canada goose nests and 
eggs taken under this section. Registrants authorized to operate under 
the program may not sell, offer for sale, barter, or ship for the 
purpose of sale or barter any resident Canada goose nest or egg taken 
under this section.
    (6) Registrants exercising the privileges granted by this section 
must submit an annual report summarizing activities, including the date, 
numbers, and location of nests and eggs taken by October 31 of each year 
at https://epermits.fws.gov/eRCGR before any subsequent registration for 
the following year.
    (7) Nothing in this section authorizes the destruction of resident 
Canada goose nests or the take of resident Canada goose eggs contrary to 
the laws or regulations of any State or Tribe, and none of the 
privileges of this section may be exercised unless the registrant is 
authorized to operate under the program and possesses the appropriate 
State or Tribal permits, when required. Moreover, this section does not 
authorize the killing of any migratory bird species or destruction of 
their nest or eggs other than resident Canada geese.
    (8) Registrants may not undertake any actions under this section if 
the activities adversely affect species designated as endangered or 
threatened under the authority of the Endangered Species Act. Persons 
operating under this order must immediately report the take of any 
species protected under the Endangered Species Act to the Service. 
Further, to protect certain species from being adversely affected by 
management actions, registrants must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Ecological Services Office (for the 
Colorado River and Arizona sites) or the Carlsbad Fish and Wildlife 
Office (for Salton Sea sites) if control activities are proposed in or 
around occupied habitats (cattail or cattail bulrush marshes) to discuss 
the proposed activity and ensure that implementation will not adversely 
affect clapper rails or their habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the

[[Page 95]]

appropriate local FWS field office and in accordance with standard local 
operating procedures for avoiding adverse effects to the species or its 
critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.
    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (e) Can the depredation order be suspended? We reserve the right to 
suspend or revoke this authorization for a particular landowner, 
homeowners' association, or local government if we find that the 
registrant has not adhered to the terms and conditions specified in the 
depredation order. Final decisions to revoke authority will be made by 
the appropriate Regional Director. The criteria and procedures for 
suspension, revocation, reconsideration, and appeal are outlined in 
Sec. Sec. 13.27 through 13.29 of this subchapter. For the purposes of 
this section, ``issuing officer'' means the Regional Director and 
``permit'' means the authority to act under this depredation order. For 
purposes of Sec. 13.29(e), appeals must be made to the Director. 
Additionally, at such time that we determine that resident Canada goose 
populations no longer need to be reduced in order to resolve or prevent 
injury to people, property, agricultural crops, or other interests, we 
may choose to terminate part or all of the depredation order by 
subsequent regulation. In all cases, we will annually review the 
necessity and effectiveness of the depredation order.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the depredation order? OMB has 
approved the information collection and recordkeeping requirements of 
the depredation order under OMB control number 1018-0133. We 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. 
You may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222--ARLSQ, 1849 C Street NW., 
Washington, DC 20240.

[71 FR 45988, Aug. 10, 2006, as amended by 72 FR 46408, Aug. 20, 2007]



Sec. 21.51  Depredation order for resident Canada geese at 

agricultural facilities.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the depredation order for resident Canada geese at 
agricultural facilities, and what is its purpose? The depredation order 
for resident Canada geese at agricultural facilities authorizes States 
and Tribes, via the State or Tribal wildlife agency, to implement a 
program to allow landowners, operators, and tenants actively engaged in 
commercial agriculture (agricultural producers) (or their employees or 
agents) to conduct direct damage management actions such as nest and egg 
destruction, gosling and adult trapping and culling programs, or other 
lethal and non-lethal wildlife-damage management strategies on resident 
Canada geese when the geese are committing depredations to agricultural 
crops and when necessary to resolve or prevent injury to agricultural 
crops or other agricultural interests from resident Canada geese.
    (c) Who may participate in the depredation order? State and Tribal 
wildlife agencies in the following States may authorize agricultural 
producers (or their employees or agents) to conduct

[[Page 96]]

and implement various components of the depredation order at 
agricultural facilities in the Atlantic, Central, and Mississippi Flyway 
portions of these States: Alabama, Arkansas, Colorado, Connecticut, 
Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, 
Mississippi, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New 
Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma, 
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, 
Texas, Vermont, Virginia, West Virginia, Wisconsin, and Wyoming.
    (d) What are the restrictions of the depredation order for resident 
Canada geese at agricultural facilities? The depredation order for 
resident Canada geese at agricultural facilities is subject to the 
following restrictions:
    (1) Only landowners, operators, and tenants (or their employees or 
agents) actively engaged in commercial activities (agricultural 
producers) so designated by the States may act under this order.
    (2) Authorized agricultural producers should use nonlethal goose 
management tools to the extent they deem appropriate. To minimize lethal 
take, agricultural producers should adhere to the following procedure:
    (i) Assess the problem to determine its extent or magnitude, its 
impact to current operations, and the appropriate control method to be 
used.
    (ii) Base control methods on sound biological, environmental, 
social, and cultural factors.
    (iii) Formulate appropriate methods into a control strategy that 
uses the approach/concept that encourages the use of several control 
techniques rather than relying on a single method.
    (iv) Implement all appropriate nonlethal management techniques (such 
as harassment and habitat modification) in conjunction with take 
authorized under this order.
    (3)(i) Methods of take for the control of resident Canada geese are 
at the State's or Tribe's discretion among the following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shotguns,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.
    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, Tribal, and local laws, and their use must comply with any 
labeling restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (4) Authorized agricultural producers and their employees and agents 
may conduct management and control activities, involving the take of 
resident Canada geese, under this section between May 1 and August 31. 
The destruction of resident Canada goose nests and eggs may take place 
between March 1 and June 30.
    (5) Authorized agricultural producers and their employees and agents 
may possess, transport, and otherwise dispose of resident Canada geese 
taken under this section. Disposal of birds taken under this order may 
be by donation to public museums or public institutions for scientific 
or educational purposes, processing for human consumption and subsequent 
distribution free of charge to charitable organizations, or burial or 
incineration. Agricultural producers, their employees, and designated 
agents may not sell, offer for sale, barter, or ship for the purpose of 
sale or barter any resident Canada geese taken under this section, nor 
their plumage or eggs. Any specimens needed for scientific purposes as 
determined by the Director must not be destroyed, and information on 
birds carrying metal leg bands must be submitted to the Bird Banding 
Laboratory by means of a toll-free telephone number at 1-800-327-BAND 
(or 2263).

[[Page 97]]

    (6) Resident Canada geese may be taken only on land which an 
authorized agricultural producer personally controls and where geese are 
committing depredations to agricultural crops.
    (7) Authorized agricultural producers, and their employees and 
agents, operating under the provisions of this section may not use 
decoys, calls, or other devices to lure birds within gun range.
    (8) Any authorized agricultural producer exercising the privileges 
of this section must keep and maintain a log that indicates the date and 
number of birds killed and the date and number of nests and eggs taken 
under this authorization. The log must be maintained for a period of 3 
years (and records for 3 previous years of takings must be maintained at 
all times thereafter). The log and any related records must be made 
available to Federal, State, or Tribal wildlife enforcement officers 
upon request during normal business hours.
    (9) Nothing in this section authorizes the killing of resident 
Canada geese or the destruction of their nests and eggs contrary to the 
laws or regulations of any State or Tribe, and none of the privileges of 
this section may be exercised unless the agricultural producer possesses 
the appropriate State or Tribal permits, when required. Moreover, this 
regulation does not authorize the killing of any migratory bird species 
or destruction of their nests or eggs other than resident Canada geese.
    (10) States and Tribes exercising the privileges granted by this 
section must submit an annual report summarizing activities, including 
the numbers and County of birds, nests, and eggs taken, by December 31 
of each year to the Regional Migratory Bird Permit Office listed in 
Sec. 2.2 of this subchapter.
    (11) Nothing in this section applies to any Federal land without 
written permission of the Federal agency with jurisdiction.
    (12) Authorized agricultural producers may not undertake any actions 
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. Persons operating under this 
order must immediately report the take of any species protected under 
the Endangered Species Act to the Service. Further, to protect certain 
species from being adversely affected by management actions, 
agricultural producers must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest; and
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities.
    (e) Can the depredation order be suspended? We reserve the right to 
suspend or revoke a State, Tribal, or agricultural producer's authority 
under this program if we find that the terms and conditions specified in 
the depredation order have not been adhered to by that State or Tribe. 
Final decisions to revoke authority will be made by the appropriate 
Regional Director. The criteria and procedures for suspension, 
revocation, reconsideration, and appeal are outlined in Sec. Sec. 13.27 
through 13.29 of this subchapter. For the purposes of this section, 
``issuing officer'' means the Regional Director and ``permit'' means the 
authority to act under this depredation order. For purposes of Sec. 
13.29(e), appeals must be made to the Director. Additionally, at such 
time that we determine that resident Canada geese populations no longer 
pose a threat to agricultural crops or no longer need to be reduced in 
order to resolve or prevent injury to agricultural crops or other 
agricultural interests, we may choose to terminate part or all of the 
depredation order by subsequent regulation. In all cases, we will 
annually review the necessity and effectiveness of the depredation 
order.
    (f) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the depredation order? OMB has 
approved the information collection and recordkeeping requirements of 
the depredation order under OMB control number 1018-0133. We 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. 
You may send comments on

[[Page 98]]

the information collection and recordkeeping requirements to the 
Service's Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., Washington, DC 
20240.

[71 FR 45989, Aug. 10, 2006]



Sec. 21.52  Public health control order for resident Canada geese.

    (a) Which Canada geese are covered by this order? This regulation 
addresses the control and management of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the public health control order for resident Canada 
geese, and what is its purpose? The public health control order for 
resident Canada geese authorizes States, Tribes, and the District of 
Columbia, via the State or Tribal wildlife agency, to conduct resident 
Canada goose control and management activities including direct control 
strategies such as trapping and relocation, nest and egg destruction, 
gosling and adult trapping and culling programs, or other lethal and 
non-lethal wildlife damage-management strategies when resident Canada 
geese are posing a direct threat to human health.
    (c) What is a direct threat to human health? A direct threat to 
human health is one where a Federal, State, Tribal, or local public 
health agency has determined that resident Canada geese pose a specific, 
immediate human health threat by creating conditions conducive to the 
transmission of human or zoonotic pathogens. The State or Tribe may not 
use this control order for situations in which resident Canada geese are 
merely causing a nuisance.
    (d) Who may participate in the program? Only State and Tribal 
wildlife agencies in the lower 48 States and the District of Columbia 
(or their employees or agents) may conduct and implement the various 
components of the public health control order for resident Canada geese.
    (e) What are the restrictions of the public health depredation order 
for resident Canada geese? The public health control order for resident 
Canada geese is subject to the following restrictions:
    (1) Authorized State and Tribal wildlife agencies should use 
nonlethal goose management tools to the extent they deem appropriate.
    (2)(i) Methods of take for the control of resident Canada geese are 
at the State's and Tribe's discretion from among the following:
    (A) Egg oiling,
    (B) Egg and nest destruction,
    (C) Shotguns,
    (D) Lethal and live traps,
    (E) Nets,
    (F) Registered animal drugs, pesticides, and repellants,
    (G) Cervical dislocation, and
    (H) CO2 asphyxiation.
    (ii) Birds caught live may be euthanized or transported and 
relocated to another site approved by the State or Tribal wildlife 
agency, if required.
    (iii) All techniques used must be in accordance with other Federal, 
State, Tribal, and local laws, and their use must comply with any 
labeling restrictions.
    (iv) Persons using shotguns must use nontoxic shot, as listed in 
Sec. 20.21(j) of this subchapter.
    (v) Persons using egg oiling must use 100 percent corn oil, a 
substance exempted from regulation by the U.S. Environmental Protection 
Agency under the Federal Insecticide, Fungicide, and Rodenticide Act.
    (3) Authorized State and Tribal wildlife agencies and their 
employees and agents may conduct management and control activities, 
involving the take of resident Canada geese, under this section between 
April 1 and August 31. The destruction of resident Canada goose nests 
and eggs may take place between March 1 and June 30.
    (4) Authorized State and Tribal wildlife agencies and their 
employees and agents may possess, transport, and otherwise dispose of 
resident Canada geese taken under this section. Disposal of birds taken 
under this order may be by donation to public museums or public 
institutions for scientific or educational purposes, processing for 
human consumption and subsequent distribution free of charge to 
charitable organizations, or burial or incineration. States, their 
employees, and designated agents may not sell, offer for sale, barter, 
or ship for the purpose of sale or barter any resident Canada

[[Page 99]]

geese taken under this section, nor their plumage or eggs. Any specimens 
needed for scientific purposes as determined by the Regional Director 
must not be destroyed, and information on birds carrying metal leg bands 
must be submitted to the Bird Banding Laboratory by means of a toll-free 
telephone number at 1-800-327-BAND (or 2263).
    (5) Resident Canada geese may be taken only within the specified 
area of the direct threat to human health.
    (6) Authorized State and Tribal wildlife agencies, and their 
employees and agents operating under the provisions of this section may 
not use decoys, calls, or other devices to lure birds within gun range.
    (7) No person conducting activities under this section should 
construe the program as authorizing the killing of resident Canada geese 
or destruction of their nests and eggs contrary to any State law or 
regulation, nor may any control activities be conducted 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.
    (8) Any State or Tribal employee or designated agent authorized to 
carry out activities under this section must have a copy of the State's 
or Tribal authorization and designation in their possession when 
carrying out any activities. If the State or Tribe is conducting 
operations on private property, the State or Tribe must also require the 
property owner or occupant on whose premises resident Canada goose 
activities are being conducted to allow, at all reasonable times, 
including during actual operations, free and unrestricted access to any 
Service special agent or refuge officer, State or Tribal wildlife or 
deputy wildlife agent, warden, protector, or other wildlife law 
enforcement officer on the premises where they are, or were, conducting 
activities. Furthermore, any State or Tribal employee or designated 
agent conducting such activities must promptly furnish whatever 
information is required concerning such activities to any such wildlife 
officer.
    (9) States and Tribes exercising the privileges granted by this 
section must submit an annual report summarizing activities, including 
the numbers and County of birds taken, by December 31 of each year to 
the Regional Migratory Bird Permit Office listed in Sec. 2.2 of this 
subchapter.
    (10) Authorized State and Tribal wildlife agencies may not undertake 
any actions 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. Persons operating under 
this order must immediately report the take of any species protected 
under the Endangered Species Act to the Service. Further, to protect 
certain species from being adversely affected by management actions, 
State and Tribal wildlife agencies must:
    (i) Follow the Federal-State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest;
    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities;
    (iv) Contact the Arizona Fish and Wildlife Service Ecological 
Services Office (for the Colorado River and Arizona sites) or the 
Carlsbad Fish and Wildlife Office (for Salton Sea sites) if control 
activities are proposed in or around occupied habitats (cattail or 
cattail bulrush marshes) to discuss the proposed activity and ensure 
that implementation will not adversely affect clapper rails or their 
habitats; and
    (v) In California, any control activities of resident Canada geese 
in areas used by the following species listed under the Endangered 
Species Act must be done in coordination with the appropriate local FWS 
field office and in accordance with standard local operating procedures 
for avoiding adverse effects to the species or its critical habitat:
    (A) Birds: Light-footed clapper rail, California clapper rail, Yuma 
clapper rail, California least tern, southwestern willow flycatcher, 
least Bell's vireo, western snowy plover, California gnatcatcher.

[[Page 100]]

    (B) Amphibians: California red-legged frog and California tiger 
salamander.
    (C) Insects: Valley elderberry longhorn beetle and delta green 
ground beetle.
    (D) Crustaceans: Vernal pool fairy shrimp, conservancy fairy shrimp, 
longhorn fairy shrimp, vernal pool tadpole shrimp, San Diego fairy 
shrimp, and Riverside fairy shrimp.
    (E) Plants: Butte County meadowfoam, large-flowered wooly 
meadowfoam, Cook's lomatium, Contra Costa goldfields, Hoover's spurge, 
fleshy owl's clover, Colusa grass, hairy Orcutt grass, Solano grass, 
Greene's tuctoria, Sacramento Valley Orcutt grass, San Joaquin Valley 
Orcutt grass, slender Orcutt grass, California Orcutt grass, spreading 
navarretia, and San Jacinto Valley crownscale.
    (f) Can the control order be suspended? We reserve the right to 
suspend or revoke a State's or Tribe's authority under this program if 
we find that the terms and conditions specified in the depredation order 
have not been adhered to by that agency. Final decisions to revoke 
authority will be made by the appropriate Regional Director. The 
criteria and procedures for suspension, revocation, reconsideration, and 
appeal are outlined in Sec. Sec. 13.27 through 13.29 of this 
subchapter. For the purposes of this section, ``issuing officer'' means 
the Regional Director and ``permit'' means the authority to act under 
this control order. For purposes of Sec. 13.29(e), appeals must be made 
to the Director. Additionally, at such time that we determine that 
resident Canada geese populations no longer pose direct threats to human 
health, we may choose to terminate part or all of the control order by 
subsequent regulation. In all cases, we will annually review the 
necessity and effectiveness of the control order.
    (g) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the control order? OMB has 
approved the information collection and recordkeeping requirements of 
the control order under OMB control number 1018-0133. We 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. You 
may send comments on the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer, 
U.S. Fish and Wildlife Service, MS 222-ARLSQ, 1849 C Street, NW., 
Washington, DC 20240.

[71 FR 45990, Aug. 10, 2006]



      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

[[Page 101]]

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 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

[[Page 102]]

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 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]

[[Page 103]]



Sec. 21.61  Population control of resident Canada geese.

    (a) Which Canada geese are covered by this regulation? This 
regulation addresses the population control of resident Canada geese, as 
defined in Sec. 21.3.
    (b) What is the resident Canada goose population control program, 
and what is its purpose? The resident Canada goose population control 
program is a managed take program implemented under the authority of the 
Migratory Bird Treaty Act to reduce and stabilize resident Canada goose 
populations when traditional and otherwise authorized management 
measures are unsuccessful, not feasible for dealing with, or applicable, 
in preventing injury to property, agricultural crops, public health, and 
other interests from resident Canada geese. The Director is authorized 
to allow States and Tribes to implement a population control, or managed 
take, program to remedy these injuries. When authorized by the Director, 
managed take allows additional methods of taking resident Canada geese, 
allows shooting hours for resident Canada geese to extend to one-half 
hour after sunset, and removes daily bag limits for resident Canada 
geese inside or outside the migratory bird hunting season frameworks as 
described in this section. The intent of the program is to reduce 
resident Canada goose populations in order to protect personal property 
and agricultural crops and other interests from injury and to resolve 
potential concerns about human health. The management and control 
activities allowed or conducted under the program are intended to 
relieve or prevent damage and injurious situations. No person should 
construe this program as opening, reopening, or extending any hunting 
season contrary to any regulations established under section 3 of the 
Migratory Bird Treaty Act.
    (c) What areas are eligible to participate in the program? When 
approved by the Director, the State and Tribal wildlife agencies of 
Alabama, Arkansas, Colorado, Connecticut, Delaware, Florida, Georgia, 
Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, 
Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, 
Nebraska, New Hampshire, New Jersey, New Mexico, New York, North 
Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, Rhode Island, 
South Carolina, South Dakota, Tennessee, Texas, Vermont, Virginia, West 
Virginia, Wisconsin, and Wyoming may implement the resident Canada goose 
population control program components in the Atlantic, Central, and 
Mississippi Flyway portions of these States.
    (d) What is required in order for State governments to participate 
in a managed take program? Following the conclusion of the first full 
operational year of Sec. Sec. 21.49 through 21.52 of this part, any 
wildlife agency from a State listed in 21.61(c) may request approval for 
the population control program. A request must include a discussion of 
the State's or Tribe's efforts to address its injurious situations 
utilizing the methods approved in this rule or a discussion of the 
reasons why the methods authorized by these rules are not feasible for 
dealing with, or applicable to, the injurious situations that require 
further action. Discussions should be detailed and provide the Service 
with a clear understanding of the injuries that continue, why the 
authorized methods utilized have not worked, and why methods not 
utilized could not effectuate resolution of the injuries. A State's 
request for approval may be for an area or areas smaller than the entire 
State. Upon written approval by the Director, 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, resident Canada geese under the following conditions:
    (1) Activities conducted under the managed take program may not 
affect endangered or threatened species as designated under the 
Endangered Species Act.
    (2) Control activities may be conducted under this section only 
between August 1 and August 31.
    (3) 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.
    (4) Nothing in the program may limit or initiate management actions 
on

[[Page 104]]

Federal land without concurrence of the Federal agency with 
jurisdiction.
    (5) States and Tribes must designate participants who must operate 
under the conditions of the managed take program.
    (6) States and Tribes must inform participants of the requirements/
conditions of the program that apply.
    (7) States and Tribes must keep annual records of activities carried 
out under the authority of the program. Specifically, information must 
be collected on:
    (i) The number of individuals participating in the program;
    (ii) The number of days individuals participated in the program;
    (iii) The total number of resident Canada geese shot and retrieved 
during the program; and
    (iv) The number of resident Canada geese shot but not retrieved. The 
States and Tribes must submit an annual report summarizing activities 
conducted under the program and an assessment of the continuation of the 
injuries on or before June 1 of each year to the Chief, Division of 
Migratory Bird Management, 4401 North Fairfax Drive, ms-MBSP-4107, 
Arlington, Virginia 22203.
    (e) What is required for individuals to participate in the program? 
Individual participants in State and Tribal programs covered by the 
managed take program must comply with the following requirements:
    (1) Participants must comply with all applicable State and Tribal 
laws or regulations including possession of whatever permit(s) or other 
authorization(s) may be required by the State or Tribal government 
concerned.
    (2) Participants who take resident Canada geese under the program 
may not sell or offer for sale those birds or their plumage, but may 
possess, transport, and otherwise properly use them.
    (3) Participants must permit at all reasonable times, including 
during actual operations, any Service special agent or refuge officer, 
State or Tribal wildlife or deputy wildlife agent, warden, protector, or 
other wildlife 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 may take resident Canada 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 paraplegic 
persons 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 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. No person may take 
resident Canada 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 that 
substantially reduces the audibility of their calls and totally conceals 
the birds from the sight of resident Canada 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 resident Canada 
geese.
    (vii) 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 as described in Sec. 20.11(j) and (k) of this part. Resident 
Canada geese may not be taken on or over lands or areas that are baited 
areas, and where grain or

[[Page 105]]

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 as 
described in Sec. 20.11(h) and (l) of this part. However, nothing in 
this paragraph prohibits the taking of resident Canada geese on or over 
the following lands or areas that are not otherwise baited areas:
    (A) 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 as 
described in Sec. 20.11(g), (i), (l), and (m) of this part;
    (B) From a blind or other place of concealment camouflaged with 
natural vegetation;
    (C) 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
    (D) 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.
    (E) Participants may not possess shot (either in shotshells or as 
loose shot for muzzleloading) other than steel shot, bismuth-tin, 
tungsten-iron, tungsten-polymer, tungsten-matrix, tungsten-nickel iron, 
or other shots that are authorized in Sec. 20.21(j) of this part.
    (f) Under what conditions would we suspend the managed take program? 
Following authorization by the Director, we will annually assess the 
overall impact and effectiveness of the program on resident Canada goose 
populations to ensure compatibility with long-term conservation of this 
resource. If at any time evidence is presented that clearly demonstrates 
that resident Canada geese populations no longer need to be reduced in 
order to allow resolution or prevention of injury to people, property, 
agricultural crops, or other interests, the Director, in writing, will 
suspend the program for the resident Canada goose population in 
question. However, resumption of injuries caused by growth of the 
population and not otherwise addressable by the methods available in 
part 21 may warrant reinstatement of such regulations. A State must 
reapply for approval, including the same information and discussions 
noted in 21.61(d). Depending on the location of the injury or threat or 
injury, the Director, in writing, may suspend or reinstate this 
authorization for one or more resident Canada goose populations, but not 
others.
    (g) What population information is the State or Tribe required to 
collect concerning the resident Canada goose managed take program? 
Participating States and Tribes must provide an annual estimate of the 
breeding population and distribution of resident Canada geese in their 
State. The States and Tribes must submit this estimate on or before 
August 1 of each year, to the Chief, Division of Migratory Bird 
Management, 4401 N. Fairfax Dr., MBSP-4107, Arlington, Virginia 22203.
    (h) What are the general program conditions and restrictions? The 
program is subject to the conditions elsewhere in this section, and, 
unless otherwise specifically authorized, the following conditions:
    (1) Nothing in this section applies to any Federal land within a 
State's or Tribe's boundaries without written permission of the Federal 
agency with jurisdiction.
    (2) States may not undertake any actions 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. Persons operating under this section must immediately 
report the take of any species protected under the Endangered Species 
Act to the Service. Further, to protect certain species from being 
adversely affected by management actions, States must:
    (i) Follow the Federal State Contingency Plan for the whooping 
crane;
    (ii) Conduct no activities within 300 meters of a whooping crane or 
Mississippi sandhill crane nest; and

[[Page 106]]

    (iii) Follow all Regional (or National when available) Bald Eagle 
Nesting Management guidelines for all management activities.
    (i) Has the Office of Management and Budget (OMB) approved the 
information collection requirements of the program? OMB has approved the 
information collection and recordkeeping requirements of the program 
under OMB control number 1018-0133. We 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. You may send comments 
on the information collection and recordkeeping requirements to the 
Service's Information Collection Clearance Officer, U.S. Fish and 
Wildlife Service, MS 222--ARLSQ, 1849 C Street, NW., Washington, DC 
20240.

[71 FR 45992, Aug. 10, 2006, as amended by 72 FR 46409, Aug. 20, 2007]



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 Definitions.
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.

    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

[[Page 107]]

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  Definitions.

    In addition to definitions contained in part 10 of this subchapter, 
the following definitions apply within 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.
    Disturb means to agitate or bother a bald or golden eagle to a 
degree that causes, or is likely to cause, based on the best scientific 
information available, (1) injury to an eagle, (2) a decrease in its 
productivity, by substantially interfering with normal breeding, 
feeding, or sheltering behavior, or (3) nest abandonment, by 
substantially interfering with normal breeding, feeding, or sheltering 
behavior.
    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 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; 72 FR 31139, June 5, 2007]



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

[[Page 108]]

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, 50 CFR part 13, and/or 50 CFR part 21 as provided by 
Sec. 21.2, 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, as amended at 68 FR 61140, Oct. 27, 2003]



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

[[Page 109]]

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 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

[[Page 110]]

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 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

[[Page 111]]

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 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.

[[Page 112]]

    (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.
    (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.

[[Page 113]]

    (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 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;

[[Page 114]]

    (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.
    (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;

[[Page 115]]

    (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 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_CONVENTION ON INTERNATIONAL TRADE IN ENDANGERED SPECIES OF 

WILD FAUNA AND FLORA (CITES)--Table of Contents




                         Subpart A_Introduction

Sec.
23.1 What are the purposes of these regulations and CITES?
23.2 How do I decide if these regulations apply to my shipment or me?
23.3 What other wildlife and plant regulations may apply?
23.4 What are Appendices I, II, and III?
23.5 How are the terms used in these regulations defined?
23.6 What are the roles of the Management and Scientific Authorities?
23.7 What office do I contact for CITES information?
23.8 What are the information collection requirements?

          Subpart B_Prohibitions, Exemptions, and Requirements

23.13 What is prohibited?
23.14 [Reserved]

[[Page 116]]

23.15 How may I travel internationally with my personal or household 
          effects, including tourist souvenirs?
23.16 What are the U.S. CITES requirements for urine, feces, and 
          synthetically derived DNA?
23.17 What are the requirements for CITES specimens traded 
          internationally by diplomatic, consular, military, and other 
          persons exempt from customs duties or inspections?
23.18 What CITES documents are required to export Appendix-I wildlife?
23.19 What CITES documents are required to export Appendix-I plants?
23.20 What CITES documents are required for international trade?
23.21 What happens if a country enters a reservation for a species?
23.22 What are the requirements for in-transit shipments?
23.23 What information is required on U.S. and foreign CITES documents?
23.24 What code is used to show the source of the specimen?
23.25 What additional information is required on a non-Party CITES 
          document?
23.26 When is a U.S. or foreign CITES document valid?
23.27 What CITES documents do I present at the port?

       Subpart C_Application Procedures, Criteria, and Conditions

23.32 How do I apply for a U.S. CITES document?
23.33 How is the decision made to issue or deny a request for a U.S. 
          CITES document?
23.34 What kinds of records may I use to show the origin of a specimen 
          when I apply for a U.S. CITES document?
23.35 What are the requirements for an import permit?
23.36 What are the requirements for an export permit?
23.37 What are the requirements for a re-export certificate?
23.38 What are the requirements for a certificate of origin?
23.39 What are the requirements for an introduction-from-the-sea 
          certificate?
23.40 What are the requirements for a certificate for artificially 
          propagated plants?
23.41 What are the requirements for a bred-in-captivity certificate?
23.42 What are the requirements for a plant hybrid?
23.43 What are the requirements for a wildlife hybrid?
23.44 What are the requirements to travel internationally with my 
          personally owned live wildlife?
23.45 What are the requirements for a pre-Convention specimen?
23.46 What are the requirements for registering a commercial breeding 
          operation for Appendix-I wildlife and commercially exporting 
          specimens?
23.47 What are the requirements for export of an Appendix-I plant 
          artificially propagated for commercial purposes?
23.48 What are the requirements for a registered scientific institution?
23.49 What are the requirements for an exhibition traveling 
          internationally?
23.50 What are the requirements for a sample collection covered by an 
          ATA carnet?
23.51 What are the requirements for issuing a partially completed CITES 
          document?
23.52 What are the requirements for replacing a lost, damaged, stolen, 
          or accidentally destroyed CITES document?
23.53 What are the requirements for obtaining a retrospective CITES 
          document?
23.54 How long is a U.S. or foreign CITES document valid?
23.55 How may I use a CITES specimen after import into the United 
          States?
23.56 What U.S. CITES document conditions do I need to follow?

         Subpart D_Factors Considered in Making Certain Findings

23.60 What factors are considered in making a legal acquisition finding?
23.61 What factors are considered in making a non-detriment finding?
23.62 What factors are considered in making a finding of not for 
          primarily commercial purposes?
23.63 What factors are considered in making a finding that an animal is 
          bred in captivity?
23.64 What factors are considered in making a finding that a plant is 
          artificially propagated?
23.65 What factors are considered in making a finding that an applicant 
          is suitably equipped to house and care for a live specimen?

           Subpart E_International Trade in Certain Specimens

23.68 How can I trade internationally in roots of American ginseng?
23.69 How can I trade internationally in fur skins and fur skin products 
          of bobcat, river otter, Canada lynx, gray wolf, and brown 
          bear?
23.70 How can I trade internationally in American alligator and other 
          crocodilian skins, parts, and products?
23.71 How can I trade internationally in sturgeon caviar?
23.72 How can I trade internationally in plants?
23.73 How can I trade internationally in timber?

[[Page 117]]

23.74 How can I trade internationally in personal sport-hunted trophies?

          Subpart F_Disposal of Confiscated Wildlife and Plants

23.78 What happens to confiscated wildlife and plants?
23.79 How may I participate in the Plant Rescue Center Program?

                     Subpart G_CITES Administration

23.84 What are the roles of the Secretariat and the committees?
23.85 What is a meeting of the Conference of the Parties (CoP)?
23.86 How can I obtain information on a CoP?
23.87 How does the United States develop documents and negotiating 
          positions for a CoP?
23.88 What are the resolutions and decisions of the CoP?

                       Subpart H_Lists of Species

23.89 What are the criteria for listing species in Appendix I or II?
23.90 What are the criteria for listing species in Appendix III?
23.91 How do I find out if a species is listed?
23.92 Are any wildlife or plants, and their parts, products, or 
          derivatives, exempt?

    Authority: Convention on International Trade in Endangered Species 
of Wild Fauna and Flora (March 3, 1973), 27 U.S.T. 1087; and Endangered 
Species Act of 1973, as amended, 16 U.S.C. 1531 et seq.

    Source: 72 FR 48448, Aug. 23, 2007, unless otherwise noted.



                         Subpart A_Introduction



Sec. 23.1  What are the purposes of these regulations and CITES?

    (a) Treaty. The regulations in this part implement the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, also 
known as CITES, the Convention, the Treaty, or the Washington 
Convention, TIAS (Treaties and Other International Acts Series) 8249.
    (b) Purpose. The aim of CITES is to regulate international trade in 
wildlife and plants, including parts, products, and derivatives, to 
ensure it is legal and does not threaten the survival of species in the 
wild. Parties, recognize that:
    (1) Wildlife and plants are an irreplaceable part of the natural 
systems of the earth and must be protected for this and future 
generations.
    (2) The value of wildlife and plants is ever-growing from the 
viewpoints of aesthetics, science, culture, recreation, and economics.
    (3) Although countries should be the best protectors of their own 
wildlife and plants, international cooperation is essential to protect 
wildlife and plant species from over-exploitation through international 
trade.
    (4) It is urgent that countries take appropriate measures to prevent 
illegal trade and ensure that any use of wildlife and plants is 
sustainable.
    (c) National legislation. We, the U.S. Fish and Wildlife Service 
(FWS), implement CITES through the Endangered Species Act (ESA).



Sec. 23.2  How do I decide if these regulations apply to my shipment 

or me?

    Answer the following questions to decide if the regulations in this 
part apply to your proposed activity:

------------------------------------------------------------------------
    Question on proposed activity              Answer and action
------------------------------------------------------------------------
(a) Is the wildlife or plant species   (1) YES. Continue to paragraph
 (including parts, products,            (b) of this section.
 derivatives, whether wild-collected,  (2) NO. The regulations in this
 or born or propagated in a             part do not apply.
 controlled environment) listed in
 Appendix I, II, or III of CITES (see
 Sec.  23.91)?
------------------------------------------------------------------------
(b) Is the wildlife or plant specimen  (1) YES. The regulations in this
 exempted from CITES (see Sec.         part do not apply.
 23.92)?                               (2) NO. Continue to paragraph (c)
                                        of this section.
------------------------------------------------------------------------
(c) Do you want to import, export, re- (1) YES. The regulations in this
 export, engage in international        part apply.
 trade, or introduce from the sea?     (2) NO. Continue to paragraph (d)
                                        of this section.
------------------------------------------------------------------------
(d) Was the specimen that you possess  (1) YES. The regulations in this
 or want to enter into intrastate or    part apply. See Sec.  23.13(c)
 interstate commerce unlawfully         and (d) and sections 9(c)(1) and
 acquired, illegally traded, or         11(a) and (b) of the ESA (16
 otherwise subject to conditions set    U.S.C. 1538(c)(1) and 1540(a)
 out on a CITES document that           and (b)).
 authorized import?                    (2) NO. The regulations in this
                                        part do not apply.
------------------------------------------------------------------------


[[Page 118]]



Sec. 23.3  What other wildlife and plant regulations may apply?

    (a) You may need to comply with other regulations in this subchapter 
that require a permit or have additional restrictions. Many CITES 
species are also covered by one or more parts of this subchapter or 
title and have additional requirements:
    (1) Part 15 (exotic birds).
    (2) Part 16 (injurious wildlife).
    (3) Parts 17 of this subchapter and 222, 223, and 224 of this title 
(endangered and threatened species).
    (4) Parts 18 of this subchapter and 216 of this title (marine 
mammals).
    (5) Part 20 (migratory bird hunting).
    (6) Part 21 (migratory birds).
    (7) Part 22 (bald and golden eagles).
    (b) If you are applying for a permit, you must comply with the 
general permit procedures in part 13 of this subchapter. Definitions and 
a list of birds protected under the Migratory Bird Treaty Act can be 
found in part 10 of this subchapter.
    (c) If you are importing (including introduction from the sea), 
exporting, or re-exporting wildlife or plants, you must comply with the 
regulations in part 14 of this subchapter for wildlife or part 24 of 
this subchapter for plants. Activities with plants are also regulated by 
the U.S. Department of Agriculture, Animal and Plant Health Inspection 
Service (APHIS) and Department of Homeland Security, U.S. Customs and 
Border Protection (CBP), in 7 CFR parts 319, 355, and 356.
    (d) You may also need to comply with other Federal, State, tribal, 
or local requirements.



Sec. 23.4  What are Appendices I, II, and III?

    Species are listed by the Parties in one of three Appendices to the 
Treaty (see subpart H of this part), each of which provides a different 
level of protection and is subject to different requirements. Parties 
regulate trade in specimens of Appendix-I, -II, and -III species and 
their parts, products, and derivatives through a system of permits and 
certificates (CITES documents). Such documents enable Parties to monitor 
the effects of the volume and type of trade to ensure trade is legal and 
not detrimental to the survival of the species.
    (a) Appendix I includes species threatened with extinction that are 
or may be affected by trade. Trade in Appendix-I specimens may take 
place only in exceptional circumstances.
    (b) Appendix II includes species that are not presently threatened 
with extinction, but may become so if their trade is not regulated. It 
also includes species that need to be regulated so that trade in certain 
other Appendix-I or -II species may be effectively controlled; these 
species are most commonly listed due to their similarity of appearance 
to other related CITES species.
    (c) Appendix III includes species listed unilaterally by a range 
country to obtain international cooperation in controlling trade.



Sec. 23.5  How are the terms used in these regulations defined?

    In addition to the definitions contained in part 10 of this 
subchapter, and unless the context otherwise requires, in this part:
    Affected by trade means that either a species is known to be in 
trade and the trade has or may have a detrimental impact on the status 
of the species, or a species is suspected to be in trade or there is 
demonstrable potential international demand for the species that may be 
detrimental to the survival of the species in the wild.
    Annotation means an official footnote to the listing of a species in 
the CITES Appendices. A reference annotation provides information that 
further explains the listing (such as ``p.e.'' for possibly extinct). A 
substantive annotation is an integral part of a species listing. It 
designates whether the listing includes or excludes a geographically 
separate population, subspecies, species, group of species, or higher 
taxon, and the types of specimens included in or excluded from the 
listing, such as certain parts, products, or derivatives. A substantive 
annotation may designate export quotas adopted by the CoP. For species 
transferred from Appendix I to II subject to an annotation relating to 
specified types of specimens, other types of specimens that are not 
specifically included in

[[Page 119]]

the annotation are treated as if they are Appendix-I specimens.
    Appropriate and acceptable destination, when used in an Appendix-II 
listing annotation for the export of, or international trade in, live 
animals, means that the Management Authority of the importing country 
has certified, based on advice from the Scientific Authority of that 
country, that the proposed recipient is suitably equipped to house and 
care for the animal (see criteria in Sec. 23.65). Such certification 
must be provided before a CITES document is issued by the Management 
Authority of the exporting or re-exporting country.
    Artificially propagated means a cultivated plant that meets the 
criteria in Sec. 23.64.
    ATA carnet means a type of international customs document (see Sec. 
23.50). ATA is a combination of the French and English words ``Admission 
Temporaire/Temporary Admission.''
    Bred for commercial purposes means any specimen of an Appendix-I 
wildlife species bred in captivity for commercial purposes. Any 
Appendix-I specimen that does not meet the definition of ``bred for 
noncommercial purposes'' is considered to be bred for commercial 
purposes.
    Bred for noncommercial purposes means any specimen of an Appendix-I 
wildlife species bred in captivity for noncommercial purposes, where 
each donation, exchange, or loan of the specimen is noncommercial and is 
conducted between facilities that are involved in a cooperative 
conservation program.
    Bred in captivity means wildlife that is captive-bred and meets the 
criteria in Sec. 23.63.
    Captive-bred means wildlife that is the offspring (first (F1) or 
subsequent generations) of parents that either mated or otherwise 
transferred egg and sperm under controlled conditions if reproduction is 
sexual, or of a parent that was maintained under controlled conditions 
when development of the offspring began if reproduction is asexual, but 
does not meet the bred-in-captivity criteria (see Sec. 23.63).
    Certificate means a CITES document or CITES exemption document that 
identifies on its face the type of certificate it is, including re-
export certificate, introduction-from-the-sea certificate, and 
certificate of origin.
    CITES document or CITES exemption document means any certificate, 
permit, or other document issued by a Management Authority of a Party or 
a competent authority of a non-Party whose name and address is on file 
with the Secretariat to authorize the international movement of CITES 
specimens.
    Commercial means related to an activity, including actual or 
intended import, export, re-export, sale, offer for sale, purchase, 
transfer, donation, exchange, or provision of a service, that is 
reasonably likely to result in economic use, gain, or benefit, 
including, but not limited to, profit (whether in cash or in kind).
    Cooperative conservation program means a program in which 
participating captive- breeding facilities produce Appendix-I specimens 
bred for noncommercial purposes and participate in or support a recovery 
activity for that species in cooperation with one or more of the 
species' range countries.
    Coral (dead) means pieces of coral in which the skeletons of the 
individual polyps are still intact, but which contain no living coral 
tissue.
    Coral fragments, including coral gravel and coral rubble, means 
loose pieces of broken finger-like coral between 2 and 30 mm in diameter 
that contain no living coral tissue (see Sec. 23.92 for exemptions).
    Coral (live) means pieces of coral that are alive.
    Coral rock means hard consolidated material greater than 30 mm in 
diameter that consists of pieces of coral and possibly also cemented 
sand, coralline algae, or other sedimentary rocks that contain no living 
coral tissue. Coral rock includes live rock and substrate, which are 
terms for pieces of coral rock to which are attached live specimens of 
other invertebrate species or coralline algae that are not listed in the 
CITES Appendices.
    Coral sand means material that consists entirely, or in part, of 
finely crushed coral no larger than 2 mm in diameter and that contains 
no living coral tissue (see Sec. 23.92 for exemptions).

[[Page 120]]

    Country of origin means the country where the wildlife or plant was 
taken from the wild or was born or propagated in a controlled 
environment, except in the case of a plant specimen that qualified for 
an exemption under the provisions of CITES, the country of origin is the 
country in which the specimen ceased to qualify for the exemption.
    Cultivar means a horticulturally derived plant variety that has been 
selected for specific morphological, physiological, or other 
characteristics, such as color, a large flower, or disease resistance.
    Cultivated means a plant grown or tended by humans for human use. A 
cultivated plant can be treated as artificially propagated under CITES 
only if it meets the criteria in Sec. 23.64.
    Export means to send, ship, or carry a specimen out of a country 
(for export from the United States, see part 14 of this subchapter).
    Flasked means plant material obtained in vitro, in solid or liquid 
media, transported in sterile containers.
    Household effect means a dead wildlife or plant specimen that is 
part of a household move and meets the criteria in Sec. 23.15.
    Hybrid means any wildlife or plant that results from a cross of 
genetic material between two separate taxa when one or both are listed 
in Appendix I, II, or III. See Sec. 23.42 for plant hybrids and Sec. 
23.43 for wildlife hybrids.
    Import means to bring, ship, or carry a specimen into a country (for 
import into the United States, see part 14 of this subchapter).
    International trade means the import, introduction from the sea, 
export, or re-export across jurisdictional or international boundaries 
for any purpose whether commercial or noncommercial.
    In-transit shipment means the transshipment of any wildlife or plant 
through an intermediary country when the specimen remains under customs 
control and either the shipment meets the requirements of Sec. 23.22 or 
the sample collection covered by an ATA carnet meets the requirements of 
Sec. 23.50.
    Introduction from the sea means transportation into a country of 
specimens of any species that were taken in the marine environment not 
under the jurisdiction of any country.
    ISO country code means the two-letter country code developed by the 
International Organization for Standardization (ISO) to represent the 
name of a country and its subdivisions.
    Live rock see the definition for coral rock.
    Management Authority means a governmental agency officially 
designated by, and under the supervision of, either a Party to implement 
CITES, or a non-Party to serve in the role of a Management Authority, 
including the issuance of CITES documents on behalf of that country.
    Noncommercial means related to an activity that is not commercial. 
Noncommercial includes, but is not limited to, personal use.
    Non-Party means a country that has not deposited an instrument of 
ratification, acceptance, approval, or accession to CITES with the 
Depositary Government (Switzerland), or a country that was a Party but 
subsequently notified the Depositary Government of its denunciation of 
CITES and the denunciation is in effect.
    Offspring of first generation (F1) means a wildlife specimen 
produced in a controlled environment from parents at least one of which 
was conceived in or taken from the wild.
    Offspring of second generation (F2) or subsequent generations means 
a wildlife specimen produced in a controlled environment from parents 
that were also produced in a controlled environment.
    Parental stock means the original breeding or propagating specimens 
that produced the subsequent generations of captive or cultivated 
specimens.
    Party means a country that has given its consent to be bound by the 
provisions of CITES by depositing an instrument of ratification, 
acceptance, approval, or accession with the Depositary Government 
(Switzerland), and for which such consent is in effect.
    Permit means a CITES document that identifies on its face import 
permit or export permit.
    Personal effect means a dead wildlife or plant specimen, including a 
tourist souvenir, that is worn as clothing or

[[Page 121]]

accessories or is contained in accompanying baggage and meets the 
criteria in Sec. 23.15.
    Personal use means use that is not commercial and is for an 
individual's own consumption or enjoyment.
    Precautionary measures means the actions taken that will be in the 
best interest of the conservation of the species when there is 
uncertainty about the status of a species or the impact of trade on the 
conservation of a species.
    Pre-Convention means a specimen that was acquired (removed from the 
wild or born or propagated in a controlled environment) before the date 
the provisions of the Convention first applied to the species and that 
meets the criteria in Sec. 23.45, and any product (including a 
manufactured item) or derivative made from such specimen.
    Primarily commercial purposes means an activity whose noncommercial 
aspects do not clearly predominate (see Sec. 23.62).
    Propagule means a structure, such as a cutting, seed, or spore, 
which is capable of propagating a plant.
    Readily recognizable means any specimen that appears from a visual, 
physical, scientific, or forensic examination or test; an accompanying 
document, packaging, mark, or label; or any other circumstances to be a 
part, product, or derivative of any CITES wildlife or plant, unless such 
part, product, or derivative is specifically exempt from the provisions 
of CITES or this part.
    Re-export means to send, ship, or carry out of a country any 
specimen previously imported into that country, whether or not the 
specimen has been altered since import.
    Reservation means the action taken by a Party to inform the 
Secretariat that it is not bound by the effect of a specific listing 
(see Sec. 23.21).
    Scientific Authority means a governmental or independent scientific 
institution or entity officially designated by either a Party to 
implement CITES, or a non-Party to serve the role of a Scientific 
Authority, including making scientific findings.
    Secretariat means the entity designated by the Treaty to perform 
certain administrative functions (see Sec. 23.84).
    Shipment means any CITES specimen in international trade whether for 
commercial or noncommercial use, including any personal item.
    Species means any species, subspecies, hybrid, variety, cultivar, 
color or morphological variant, or geographically separate population of 
that species.
    Specimen means any wildlife or plant, whether live or dead. This 
term includes any readily recognizable part, product, or derivative 
unless otherwise annotated in the Appendices.
    Sustainable use means the use of a species in a manner and at a 
level that maintains wild populations at biologically viable levels for 
the long term. Such use involves a determination of the productive 
capacity of the species and its ecosystem to ensure that utilization 
does not exceed those capacities or the ability of the population to 
reproduce, maintain itself, and perform its role or function in its 
ecosystem.
    Trade means the same as international trade.
    Transit see the definition for in-transit shipment.
    Traveling exhibition means a display of live or dead wildlife or 
plants for entertainment, educational, cultural, or other display 
purposes that is temporarily moving internationally.



Sec. 23.6  What are the roles of the Management and Scientific 

Authorities?

    Under Article IX of the Treaty, each Party must designate a 
Management and Scientific Authority to implement CITES for that country. 
If a non-Party wants to trade with a Party, it must also designate such 
Authorities. The names and addresses of these offices must be sent to 
the Secretariat to be included in the Directory. In the United States, 
different offices within the FWS have been designated the Scientific 
Authority and Management Authority, which for purposes of this section 
includes FWS Law Enforcement. When offices share activities, the 
Management Authority is responsible for dealing primarily with 
management and regulatory issues and the Scientific Authority is 
responsible for dealing primarily with scientific issues. The offices do 
the following:

[[Page 122]]



----------------------------------------------------------------------------------------------------------------
                                                                             U.S.  Scientific   U.S. Management
                                   Roles                                        Authority          Authority
----------------------------------------------------------------------------------------------------------------
(a) Provide scientific advice and recommendations, including advice on      x                  .................
 biological findings for applications for certain CITES documents,
 registrations, and export program approvals. Evaluate the conservation
 status of species to determine if a species listing or change in a
 listing is warranted. Interpret listings and review nomenclatural issues.
----------------------------------------------------------------------------------------------------------------
(b) Review applications for CITES documents and issue or deny them based    .................  x
 on findings required by CITES.
----------------------------------------------------------------------------------------------------------------
(c) Communicate with the Secretariat and other countries on scientific,     x                  x
 administrative, and enforcement issues.
----------------------------------------------------------------------------------------------------------------
(d) Ensure that export of Appendix-II specimens is at a level that          x                  .................
 maintains a species throughout its range at a level consistent with its
 role in the ecosystems in which it occurs and well above the level at
 which it might become eligible for inclusion in Appendix I.
----------------------------------------------------------------------------------------------------------------
(e) Monitor trade in all CITES species and produce annual reports on CITES  .................  x
 trade.
----------------------------------------------------------------------------------------------------------------
(f) Collect the cancelled foreign export permit or re-export certificate    .................  x
 and any corresponding import permit presented for import of any CITES
 specimen. Collect a copy of the validated U.S. export permit or re-export
 certificate presented for export or re-export of any CITES specimen.
----------------------------------------------------------------------------------------------------------------
(g) Produce biennial reports on legislative, regulatory, and                .................  x
 administrative measures taken by the United States to enforce the
 provisions of CITES.
----------------------------------------------------------------------------------------------------------------
(h) Coordinate with State and tribal governments and other Federal          x                  x
 agencies on CITES issues, such as the status of native species,
 development of policies, negotiating positions, and law enforcement
 activities.
----------------------------------------------------------------------------------------------------------------
(i) Communicate with the scientific community, the public, and media about  x                  x
 CITES issues. Conduct public meetings and publish notices to gather input
 from the public on the administration of CITES and the conservation and
 trade status of domestic and foreign species traded internationally.
----------------------------------------------------------------------------------------------------------------
(j) Represent the United States at the meetings of the CoP, on committees   x                  x
 (see subpart G of this part), and on CITES working groups. Consult with
 other countries on CITES issues and the conservation status of species.
 Prepare discussion papers and proposals for new or amended resolutions
 and species listings for consideration at the CoP.
----------------------------------------------------------------------------------------------------------------
(k) Provide assistance to APHIS and CBP for the enforcement of CITES.       x                  x
 Cooperate with enforcement officials to facilitate the exchange of
 information between enforcement bodies and for training purposes.
----------------------------------------------------------------------------------------------------------------
(l) Provide financial and technical assistance to other governmental        x                  x
 agencies and CITES officials of other countries.
----------------------------------------------------------------------------------------------------------------

Sec. 23.7    What office do I contact for CITES information?

    Contact the following offices to receive information about CITES:

------------------------------------------------------------------------
         Type of information                   Office to contact
------------------------------------------------------------------------
(a) CITES administrative and          U.S. Management Authority
 management issues:                   U.S. Fish and Wildlife Service
(1) CITES documents, including        4401 North Fairfax Drive, Room 700
 application forms and procedures;    Arlington, Virginia 22203
 lists of registered scientific       Toll Free: (800) 358-2104/permit
 institutions and operations           questions
 breeding Appendix-I wildlife for     Tel: (703) 358-2095/other
 commercial purposes; and              questions
 reservations                         Fax: (703) 358-2281/permits
(2) Information on the CoP            Fax: (703) 358-2298/other issues
(3) List of CITES species             E-mail:
(4) Names and addresses of other       [email protected]
 countries' Management and            Website: http://www.fws.gov/
 Scientific Authority offices          international and http://
(5) Notifications, resolutions, and    www.fws.gov/permits
 decisions
(6) Standing Committee documents and
 issues
(7) State and tribal export programs
------------------------------------------------------------------------

[[Page 123]]

 
(b) Scientific issues:
(1) Animals and Plants Committees
 documents and issues
(2) Findings of non-detriment and
 suitability of facilities, and
 other scientific findings
(3) Listing of species in the
 Appendices and relevant resolutions
(4) Names and addresses of other
 countries' Scientific Authority
 offices and scientists involved
 with CITES-related issues
(5) Nomenclatural issues
U.S. Scientific Authority
U.S. Fish and Wildlife Service
4401 North Fairfax Drive, Room 750
Arlington, Virginia 22203
Tel: (703) 358-1708
Fax: (703) 358-2276
E-mail: [email protected]
Website: http://www.fws.gov/
 international
------------------------------------------------------------------------
(c) Wildlife clearance procedures:
(1) CITES replacement tags
(2) Information about wildlife port
 office locations
(3) Information bulletins
(4) Inspection and clearance of
 wildlife shipments involving
 import, introduction from the sea,
 export, and re-export, and filing a
 Declaration of Importation or
 Exportation of Fish or Wildlife
 (Form 3-177)
(5) Validation, certification, or
 cancellation of CITES wildlife
 documents
Law Enforcement
U.S. Fish and Wildlife Service
4401 North Fairfax Drive, Mail Stop
 LE-3000
Arlington, Virginia 22203
Tel: (703) 358-1949
Fax: (703) 358-2271
Website: http://www.fws.gov/le
------------------------------------------------------------------------
(d) APHIS plant clearance             U.S. Department of Agriculture
 procedures:                           APHIS/PPQ
(1) Information about plant port      4700 River Road
 office locations                     Riverdale, Maryland 20737-1236
(2) Inspection and clearance of       Toll Free: (877) 770-5990/permit
 plant shipments involving:            questions
(i) Import and introduction from the  Tel: (301) 734-8891/other CITES
 sea of living plants                  issues
(ii) Export and re-export of living   Fax: (301) 734-5786/permit
 and nonliving plants                  questions
(3) Validation or cancellation of     Fax: (301) 734-5276/other CITES
 CITES plant documents for the type    issues
 of shipments listed in paragraph     Website: http://www.aphis.usda.gov/
 (d)(2) of this section                plant--health
------------------------------------------------------------------------
(e) CBP plant clearance procedures:   Department of Homeland Security
(1) Inspection and clearance of       U.S. Customs and Border Protection
 plant shipments involving:           Office of Field Operations
(i) Import and introduction from the  Agriculture Programs and Liaison
 sea of nonliving plants              1300 Pennsylvania Avenue, NW, Room
(ii) Import of living plants from      2.5 B
 Canada at designated border ports    Washington, DC 20229
 (7 CFR 319.37-14(b) and 50 CFR       Tel: (202) 344-3298
 24.12(d))                            Fax: (202) 344-1442
(2) Cancellation of CITES plant
 documents for the type of shipments
 listed in paragraph (e)(1) of this
 section
------------------------------------------------------------------------
(f) General information on CITES:     CITES Secretariat
(1) CITES export quota information    Website: http://www.cites.org
(2) CITES'Guidelines for transport
 and preparation for shipment of
 live wild animals and plants
(3) Information about the
 Secretariat
(4) Names and addresses of other
 countries' Management and
 Scientific Authority offices
(5) Official documents, including
 resolutions, decisions,
 notifications, CoP documents, and
 committee documents
(6) Official list of CITES species
 and species database
(7) Text of the Convention
------------------------------------------------------------------------


[[Page 124]]



Sec. 23.8  What are the information collection requirements?

    The Office of Management and Budget approved the information 
collection requirements for application forms and reports contained in 
this part and assigned OMB Control Numbers 1018-0093 and 1018-0137. We 
cannot collect or sponsor a collection of information and you are not 
required to provide information unless it displays a currently valid OMB 
control number.



          Subpart B_Prohibitions, Exemptions, and Requirements



Sec. 23.13  What is prohibited?

    Except as provided in Sec. 23.92, it is unlawful for any person 
subject to the jurisdiction of the United States to conduct any of the 
following activities unless they meet the requirements of this part:
    (a) Import, export, re-export, or engage in international trade with 
any specimen of a species listed in Appendix I, II, or III of CITES.
    (b) Introduce from the sea any specimen of a species listed in 
Appendix I or II of CITES.
    (c) Possess any specimen of a species listed in Appendix I, II, or 
III of CITES imported, exported, re-exported, introduced from the sea, 
or traded contrary to the provisions of CITES, the ESA, or this part.
    (d) Attempt to commit, solicit another to commit, or cause to be 
committed any of the activities described in paragraphs (a) through (c) 
of this section.



Sec. 23.14  [Reserved]



Sec. 23.15  How may I travel internationally with my personal or 

household effects, including tourist souvenirs?

    (a) Purpose. Article VII(3) of the Treaty recognizes a limited 
exemption for the international movement of personal and household 
effects.
    (b) Stricter national measures. The exemption for personal and 
household effects does not apply if a country prohibits or restricts the 
import, export, or re-export of the item.
    (1) You or your shipment must be accompanied by any document 
required by a country under its stricter national measures.
    (2) In the United States, you must obtain any permission needed 
under other regulations in this subchapter (see Sec. 23.3).
    (c) Required CITES documents. You must obtain a CITES document for 
personal or household effects and meet the requirements of this part if 
one of the following applies:
    (1) The Management Authority of the importing, exporting, or re-
exporting country requires a CITES document.
    (2) You or your shipment does not meet all of the conditions for an 
exemption as provided in paragraphs (d) through (f) of this section.
    (3) The personal or household effect for the following species 
exceeds the quantity indicated in paragraphs (c)(3)(i) through (vi) in 
the table below:

------------------------------------------------------------------------
              Species (Appendix
Major group        II only)        Type of specimen       Quantity\1\
------------------------------------------------------------------------
Fishes       (i)                  Sturgeon caviar     250 gm
              Acipenseriformes     (see Sec.
              (sturgeon,           23.71)
              including
              paddlefish)
------------------------------------------------------------------------
Fishes       (ii) Hippocampus     Dead specimens,     4
              spp. (seahorses)     parts, products
                                   (including
                                   manufactured
                                   items), and
                                   derivatives
------------------------------------------------------------------------
Reptiles     (iii) Crocodylia     Dead specimens,     4
              (alligators,         parts, products
              caimans,             (including
              crocodiles,          manufactured
              gavial)              items), and
                                   derivatives
------------------------------------------------------------------------
Molluscs     (iv) Strombus gigas  Shells              3
              (queen conch)
------------------------------------------------------------------------
Molluscs     (v) Tridacnidae      Shells, each of     3 shells, total
              (giant clams)        which may be one    not exceeding 3
                                   intact shell or     kg
                                   two matching
                                   halves
------------------------------------------------------------------------
Plants       (vi) Cactaceae       Rainsticks          3
              (cacti)
------------------------------------------------------------------------
\1\ To import, export, or re-export more than the quantity listed in the
  table, you must have a valid CITES document for the entire quantity.


[[Page 125]]

    (d) Personal effects. You do not need a CITES document to import, 
export, or re-export any legally acquired specimen of a CITES species to 
or from the United States if all of the following conditions are met:
    (1) No live wildlife or plant (including eggs or non-exempt seeds) 
is included.
    (2) No specimen from an Appendix-I species is included, except for 
certain worked African elephant ivory as provided in paragraph (f) of 
this section.
    (3) The specimen and quantity of specimens are reasonably necessary 
or appropriate for the nature of your trip or stay and, if the type of 
specimen is one listed in paragraph (c)(3) of this section, the quantity 
does not exceed the quantity given in the table.
    (4) You own and possess the specimen for personal use, including any 
specimen intended as a personal gift.
    (5) You are either wearing the specimen as clothing or an accessory 
or taking it as part of your personal baggage, which is being carried by 
you or checked as baggage on the same plane, boat, vehicle, or train as 
you.
    (6) The specimen was not mailed or shipped separately.
    (e) Household effects. You do not need a CITES document to import, 
export, or re-export any legally acquired specimen of a CITES species 
that is part of a shipment of your household effects when moving your 
residence to or from the United States, if all of the following 
conditions are met:
    (1) The provisions of paragraphs (d)(1) through (3) of this section 
are met.
    (2) You own the specimen and are moving it for personal use.
    (3) You import or export your household effects within 1 year of 
changing your residence from one country to another.
    (4) The shipment, or shipments if you cannot move all of your 
household effects at one time, contains only specimens purchased, 
inherited, or otherwise acquired before you changed your residence.
    (f) African elephant worked ivory. You may export or re-export from 
the United States worked African elephant (Loxodonta africana) ivory and 
then re-import it without a CITES document if all of the following 
conditions are met:
    (1) The worked ivory is a personal or household effect that meets 
the requirements of paragraphs (c) through (e) of this section and you 
are a U.S. resident who owned the worked ivory before leaving the United 
States and intend to bring the item back to the United States.
    (2) The ivory is pre-Convention (see Sec. 23.45). (The African 
elephant was first listed in CITES on February 26, 1976.)
    (3) You may not sell or transfer the ivory while outside the United 
States.
    (4) The ivory is substantially worked and is not raw. Raw ivory 
means an African elephant tusk, or any piece of tusk, the surface of 
which, polished or unpolished, is unaltered or minimally carved, 
including ivory mounted on a stand or part of a trophy.
    (5) When you return, you are able to provide records, receipts, or 
other documents to show that the ivory is pre-Convention and that you 
owned and registered it before you left the United States. To register 
such an item you must obtain one of the following documents:
    (i) U.S. CITES pre-Convention certificate.
    (ii) FWS Declaration of Importation or Exportation of Fish or 
Wildlife (Form 3-177).
    (iii) Customs and Border Protection Certificate of Registration for 
Personal Effects Taken Abroad (Form 4457).



Sec. 23.16  What are the U.S. CITES requirements for urine, feces,

and synthetically derived DNA?

    (a) CITES documents. We do not require CITES documents to trade in 
urine, feces, or synthetically derived DNA.
    (1) You must obtain any collection permit and CITES document 
required by the foreign country.
    (2) If the foreign country requires you to have a U.S. CITES 
document for these kinds of samples, you must apply for a CITES document 
and meet the requirements of this part.
    (b) Urine and feces. Except as provided in paragraph (a) of this 
section, we consider urine and feces to be wildlife byproducts, rather 
than parts, products, or derivatives, and exempt them from the 
requirements of CITES and this part.

[[Page 126]]

    (c) DNA. We differentiate between DNA directly extracted from blood 
and tissue and DNA synthetically derived as follows:
    (1) A DNA sample directly derived from wildlife or plant tissue is 
regulated by CITES and this part.
    (2) A DNA sample synthetically derived that does not contain any 
part of the original template is exempt from the requirements of CITES 
and this part.



Sec. 23.17  What are the requirements for CITES specimens traded

internationally by diplomatic, consular, military, and other
persons exempt from customs 
          duties or inspections?

    A specimen of a CITES species imported, introduced from the sea, 
exported, or re-exported by a person receiving duty-free or inspection 
exemption privileges under customs laws must meet the requirements of 
CITES and the regulations in this part.



Sec. 23.18  What CITES documents are required to export Appendix-I 

wildlife?

    Answer the questions in the following decision tree to find the 
section in this part that applies to the type of CITES document you need 
to export Appendix-I wildlife. See Sec. 23.20(d) for CITES exemption 
documents or Sec. 23.92 for specimens that are exempt from the 
requirements of CITES and do not need CITES documents.

[[Page 127]]

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[[Page 128]]





Sec. 23.19  What CITES documents are required to export Appendix-I plants?

    Answer the questions in the following decision tree to find the 
section in this part that applies to the type of CITES document you need 
to export Appendix-I plants. See Sec. 23.20(d) for CITES exemption 
documents or Sec. 23.92 for specimens that are exempt from the 
requirements of CITES and do not need CITES documents.

[[Page 129]]

[GRAPHIC] [TIFF OMITTED] TR23AU07.002



Sec. 23.20  What CITES documents are required for international trade?

    (a) Purpose. Articles III, IV, and V of the Treaty give the types of 
standard CITES documents that must accompany an Appendix-I, -II, or -III 
specimen in international trade. Articles

[[Page 130]]

VII and XIV recognize some exemptions and provide that a CITES document 
must accompany most exempt specimens.
    (b) Stricter national measures. Before importing, introducing from 
the sea, exporting, or re-exporting a specimen, check with the 
Management Authorities of all countries concerned to obtain any 
documentation required under stricter national measures.
    (c) CITES documents. Except as provided in the regulations in this 
part, you must have a valid CITES document to engage in international 
trade in any CITES specimen.
    (d) CITES exemption documents. The following table lists the CITES 
exemption document that you must obtain before conducting a proposed 
activity with an exempt specimen (other than specimens exempted under 
Sec. 23.92). If one of the exemptions does not apply to the specimen, 
you must obtain a CITES document as provided in paragraph (e) of this 
section. The first column in the following table alphabetically lists 
the type of specimen or activity that may qualify for a CITES exemption 
document. The last column indicates the section of this part that 
contains information on the application procedures, provisions, 
criteria, and conditions specific to each CITES exemption document, as 
follows:

------------------------------------------------------------------------
 Type of specimen or                     CITES exemption
       activity           Appendix           document          Section
------------------------------------------------------------------------
(1) Artificially       I, II, or III  CITES document with          23.40
 propagated plant                      source code ``A''\1\
 (see paragraph
 (d)(4) of this
 section for an
 Appendix-I plant
 propagated for
 commercial purposes)
------------------------------------------------------------------------
(2) Artificially       II or III      Phytosanitary             23.23(f)
 propagated plant                      certificate with
 from a country that                   CITES statement\1\
 has provided copies
 of the certificates,
 stamps, and seals to
 the Secretariat
------------------------------------------------------------------------
(3) Bred-in-captivity  I, II, or III  CITES document with          23.41
 wildlife (see                         source code ``C''\1\
 paragraph (d)(5) of
 this section for
 Appendix-I wildlife
 bred in captivity
 for commercial
 purposes)
------------------------------------------------------------------------
(4) Commercially       I              CITES document with          23.47
 propagated Appendix-                  source code ``D''\1\
 I plant
------------------------------------------------------------------------
(5) Commercially bred  I              CITES document with          23.46
 Appendix-I wildlife                   source code ``D''\1\
 from a breeding
 operation registered
 with the CITES
 Secretariat
------------------------------------------------------------------------
(6) Export of certain  II             CITES document            23.36(e)
 marine specimens                      indicating that the      23.39(e)
 protected under a                     specimen was taken
 pre-existing treaty,                  in accordance with
 convention, or                        provisions of the
 international                         applicable treaty,
 agreement for that                    convention, or
 species                               international
                                       agreement
------------------------------------------------------------------------
(7) Hybrid plants      I, II, or III  CITES document unless        23.42
                                       the specimen
                                       qualifies as an
                                       exempt plant hybrid
------------------------------------------------------------------------
(8) Hybrid wildlife    I, II, or III  CITES document unless        23.43
                                       the specimen
                                       qualifies as an
                                       exempt wildlife
                                       hybrid
------------------------------------------------------------------------
(9) In-transit         I, II, or III  CITES document               23.22
 shipment (see                         designating importer
 paragraph (d)(14) of                  and country of final
 this section for                      destination
 sample collections
 covered by an ATA
 carnet)
------------------------------------------------------------------------
(10) Introduction      II             Document required by      23.39(d)
 from the sea under a                  applicable treaty,
 pre-existing treaty,                  convention, or
 convention, or                        international
 international                         agreement, if
 agreement for that                    appropriate
 species
------------------------------------------------------------------------
(11) Noncommercial     I, II, or III  A label indicating           23.48
 loan, donation, or                    CITES and the
 exchange of                           registration codes
 specimens between                     of both institutions
 scientific                            and, in the United
 institutions                          States, a CITES
 registered with the                   certificate of
 CITES Secretariat                     scientific exchange
                                       that registers the
                                       institution\3\
------------------------------------------------------------------------
(12) Personally owned  I, II, or III  CITES certificate of         23.44
 live wildlife for                     ownership\2\
 multiple cross-
 border movements
------------------------------------------------------------------------

[[Page 131]]

 
(13) Pre-Convention    I, II, or III  CITES document               23.45
 specimen                              indicating pre-
                                       Convention status\1\
------------------------------------------------------------------------
(14) Sample            I\4\, II, or   CITES document               23.50
 collection covered     III            indicating sample
 by an ATA carnet                      collection\2\
------------------------------------------------------------------------
(15) Traveling         I, II, or III  CITES document               23.49
 exhibition                            indicating specimens
                                       qualify as pre-
                                       Convention, bred in
                                       captivity, or
                                       artificially
                                       propagated\2\
------------------------------------------------------------------------
\1\ Issued by the Management Authority in the exporting or re-exporting
  country.
\2\ Issued by the Management Authority in the owner's country of usual
  residence.
\3\ Registration codes assigned by the Management Authorities in both
  exporting and importing countries.
\4\ Appendix-I species bred in captivity or artificially propagated for
  commercial purposes (see Sec. Sec.  23.46 and 23.47).

    (e) Import permits, export permits, re-export certificates, and 
certificates of origin. Unless one of the exemptions under paragraph (d) 
of this section or Sec. 23.92 applies, you must obtain the following 
CITES documents before conducting the proposed activity:

----------------------------------------------------------------------------------------------------------------
                  Appendix                                    Type of CITES document(s) required
----------------------------------------------------------------------------------------------------------------
I                                             Import permit (Sec.  23.35) and either an export permit (Sec.
                                               23.36) or re-export certificate (Sec.  23.37)
----------------------------------------------------------------------------------------------------------------
II                                            Export permit (Sec.  23.36) or re-export certificate (Sec.
                                               23.37)
----------------------------------------------------------------------------------------------------------------
III                                           Export permit (Sec.  23.36) if the specimen originated in a
                                               country that listed the species; certificate of origin (Sec.
                                               23.38) if the specimen originated in a country other than the
                                               listing country, unless the listing annotation indicates
                                               otherwise; or re-export certificate for all re-exports (Sec.
                                               23.37)
----------------------------------------------------------------------------------------------------------------

    (f) Introduction-from-the-sea certificates. For introduction from 
the sea of Appendix-I or Appendix-II specimens, you must obtain an 
introduction-from-the-sea certificate before conducting the proposed 
activity, unless the exemption in paragraph (d)(10) of this section 
applies (see Sec. 23.39). The export of a specimen that was previously 
introduced from the sea will be treated as an export (see Sec. 23.36 
for export, Sec. 23.36(e) and Sec. 23.39(e) for export of exempt 
specimens, or Sec. 23.37 for re-export). Although an Appendix-III 
specimen does not require a CITES document to be introduced from the 
sea, the subsequent international trade of the specimen would be 
considered an export. For export of an Appendix-III specimen that was 
introduced from the sea you must obtain an export permit (Sec. 23.36) 
if the export is from the country that listed the species in Appendix 
III, a certificate of origin (Sec. 23.38) if the export is from a 
country other than the listing country, or a re-export certificate for 
all re-exports (Sec. 23.37).



Sec. 23.21  What happens if a country enters a reservation for a species?

    (a) Purpose. CITES is not subject to general reservations. Articles 
XV, XVI, and XXIII of the Treaty allow a Party to enter a specific 
reservation on a species listed in Appendix I, II, or III, or on parts, 
products, or derivatives of a species listed in Appendix III.
    (b) General provision. A Party can enter a reservation in one of the 
following ways:
    (1) A Party must provide written notification to the Depositary 
Government (Switzerland) on a specific new or amended listing in the 
Appendices within 90 days after the CoP that adopted the listing, or at 
any time for Appendix-III species.
    (2) A country must provide written notification on a specific 
species listing when the country ratifies, accepts, approves, or accedes 
to CITES.
    (c) Requesting the United States take a reservation. You may submit 
information relevant to the issue of whether the United States should 
take a reservation on a species listing to the U.S. Management 
Authority. The request must be submitted within 30 calendar

[[Page 132]]

days after the last day of the CoP where a new or amended listing of a 
species in Appendix I or II occurs, or at any time for a species (or its 
parts, products, or derivatives) listed in Appendix III.
    (d) Required CITES documents. Except as provided in paragraph (d)(2) 
of this section, Parties treat a reserving Party as if it were a non-
Party for trade in the species concerned (including parts, products, and 
derivatives, as appropriate). The following table indicates when CITES 
documents must accompany a shipment and which Appendix should appear on 
the face of the document:

 
------------------------------------------------------------------------
                    If                                  Then
------------------------------------------------------------------------
(1) The shipment is between a Party and a   The shipment must be
 reserving Party, or the shipment is from    accompanied by a valid
 a non-Party to a reserving Party and is     CITES document(s) (see Sec.
 in transit through a Party                    23.26) that indicates the
                                             CITES Appendix in which the
                                             species is listed.
------------------------------------------------------------------------
(2) The shipment is from a reserving Party  The shipment must be
 to another reserving Party\1\ or non-       accompanied by a valid
 Party and is in transit through a Party     CITES document(s) (see Sec.
                                               23.26) that indicates the
                                             CITES Appendix in which the
                                             species is listed.\2\
------------------------------------------------------------------------
(3) The shipment is between a reserving     No CITES document is
 Party and another reserving Party\1\ or     required.\2\
 non-Party and is not in transit through a
 Party
------------------------------------------------------------------------
\1\ Both reserving Parties must have a reservation for the same species,
  and if the species is listed in Appendix III, a reservation for the
  same parts, products, and derivatives.
\2\ CITES recommends that reserving Parties treat Appendix-I species as
  if listed in Appendix II and issue CITES documents based on Appendix-
  II permit criteria (see Sec.  23.36). However, the CITES document
  must show the specimen as listed in Appendix I. If the United States
  entered a reservation, such a CITES document would be required.

    (e) Reservations taken by countries. You may consult the CITES 
website or contact us (see Sec. 23.7) for a list of countries that have 
taken reservations and the species involved.



Sec. 23.22  What are the requirements for in-transit shipments?

    (a) Purpose. Article VII(1) of the Treaty allows for a shipment to 
transit an intermediary country that is a Party before reaching its 
final destination without the need for the intermediary Party to issue 
CITES documents. To control any illegal trade, Parties are to inspect, 
to the extent possible under their national legislation, specimens in 
transit through their territory to verify the presence of valid 
documentation. See Sec. 23.50 for in-transit shipment of sample 
collections covered by an ATA carnet.
    (b) Document requirements. An in-transit shipment does not require a 
CITES document from an intermediary country, but must be accompanied by 
all of the following documents:
    (1) Unless the specimen qualifies for an exemption under Sec. 
23.92, a valid original CITES document, or a copy of the valid original 
CITES document, that designates the name of the importer in the country 
of final destination and is issued by the Management Authority of the 
exporting or re-exporting country. A copy of a CITES document is subject 
to verification.
    (2) For shipment of an Appendix-I specimen, a copy of a valid import 
permit that designates the name of the importer in the country of final 
destination, unless the CITES document in paragraph (b)(1) of this 
section is a CITES exemption document (see Sec. 23.20(d)).
    (3) Transportation and routing documents that show the shipment has 
been consigned to the same importer and country of final destination as 
designated on the CITES document.
    (c) Shipment requirements. An in-transit shipment, including items 
in an on-board store, must meet the following:
    (1) When in an intermediary country, an in-transit shipment must 
stay only for the time needed to immediately transfer the specimen to 
the mode of transport used to continue to the final destination and 
remain under customs control. Other than during immediate transfer, the 
specimen may not be stored in a duty-free, bonded, or other kind of 
warehouse or a free trade zone.

[[Page 133]]

    (2) At any time during transit, an in-transit shipment must not be 
sold, manipulated, or split unless authorized by the Management 
Authority of the intermediary country for inspection or enforcement 
purposes.
    (d) Reserving Party or non-Party. All the requirements of this 
section apply to shipments to or from a reserving Party or non-Party 
that are being transshipped through a Party. The CITES document must 
treat the specimen as listed in the Appendix as provided in Sec. 
23.21(d).
    (e) Specimen protected by other regulations. Shipment of a specimen 
that is also listed as a migratory bird (part 10 of this subchapter), 
injurious wildlife (part 16 of this subchapter), endangered or 
threatened species (parts 17 of this subchapter and 222-224 of this 
title), marine mammal (parts 18 of this subchapter and 216 of this 
title), or bald or golden eagle (part 22 of this subchapter), and is 
moving through the United States is considered an import, and cannot be 
treated as an in-transit shipment (see Sec. 23.3).



Sec. 23.23  What information is required on U.S. and foreign CITES

documents?

    (a) Purpose. Article VI of the Treaty provides standard information 
that must be on a permit and certificate issued under Articles III, IV, 
and V. To identify a false or invalid document, any CITES document, 
including a CITES exemption document issued under Article VII, must 
contain standardized information to allow a Party to verify that the 
specimen being shipped is the one listed on the document and that the 
trade is consistent with the provisions of the Treaty.
    (b) CITES form. A CITES document issued by a Party must be on a form 
printed in one or more of the three working languages of CITES (English, 
Spanish, or French). A CITES document from a non-Party may be in the 
form of a permit or certificate, letter, or any other form that clearly 
indicates the nature of the document and includes the information in 
paragraphs (c) through (e) of this section and the additional 
information in Sec. 23.25.
    (c) Required information. Except for a phytosanitary certificate 
used as a CITES certificate for artificially propagated plants in 
paragraph (f) of this section, or a customs declaration label used to 
identify specimens being moved between registered scientific 
institutions (Sec. 23.48(e)(5)), a CITES document issued by a Party or 
non-Party must contain the information set out in this paragraph (listed 
alphabetically). Specific types of CITES documents must also contain the 
additional information identified in paragraph (e) of this section. A 
CITES document is valid only when it contains the following information:

 
------------------------------------------------------------------------
       Required information                      Description
------------------------------------------------------------------------
(1) Appendix                        The CITES Appendix in which the
                                     species, subspecies, or population
                                     is listed (see Sec.  23.21 when a
                                     Party has taken a reservation on a
                                     listing).
------------------------------------------------------------------------
(2) Applicant's signature           The applicant's signature if the
                                     CITES document includes a place for
                                     it.
------------------------------------------------------------------------
(3) Bill of lading, air waybill,    As applicable for export or re-
 or flight number                    export: (i) by ocean or air cargo,
                                     the bill of lading or air waybill
                                     number or (ii) in accompanying
                                     baggage, the flight number, as
                                     recorded on the CITES document by
                                     the inspecting official at the
                                     port, if known at the time of
                                     validation or certification.
------------------------------------------------------------------------
(4) Dates                           Date of issue and date of expiration
                                     (``valid until'' date on the
                                     standardized CITES form), which is
                                     midnight of the date on the CITES
                                     document. See Sec.  23.54 for the
                                     length of validity for different
                                     types of CITES documents.
------------------------------------------------------------------------
(5) Description of the specimen     A complete description of the
                                     specimen, including whether live or
                                     the type of goods. The sex and age
                                     of a live specimen should be
                                     recorded, if possible. Such
                                     information must be in English,
                                     Spanish, or French on a CITES
                                     document from a Party. If a code is
                                     used to indicate the type of
                                     specimen, it must agree with the
                                     Guidelines for preparation and
                                     submission of CITES annual reports
                                     available from the CITES website or
                                     us (see Sec.  23.7).
------------------------------------------------------------------------

[[Page 134]]

 
(6) Document number                 A unique control number. We use a
                                     unique 12-character number. The
                                     first two characters are the last
                                     two digits of the year of issuance,
                                     the next two are the two-letter ISO
                                     country code, followed by a six-
                                     digit serial number, and two digits
                                     or letters used for national
                                     informational purposes.
------------------------------------------------------------------------
(7) Humane transport of live        If the CITES document authorizes the
 wildlife                            export or re-export of live
                                     wildlife, a statement that the
                                     document is valid only if the
                                     transport conditions comply with
                                     CITES' Guidelines for transport and
                                     preparation for shipment of live
                                     wild animals and plants, or in the
                                     case of air transport of wildlife,
                                     with the International Air
                                     Transport Association Live Animals
                                     Regulations. The shipment must
                                     comply with the requirements of
                                     CITES'Guidelines for transport and
                                     preparation for shipment of live
                                     wild animals and plants, adopted by
                                     the Parties in 1979 and revised in
                                     1981, or, in the case of air
                                     transport of wildlife, the Live
                                     Animals Regulations (LAR), 33\rd\
                                     edition, October 1, 2006, by the
                                     International Air Transport
                                     Association (IATA), Reference
                                     Number: 9105-33, ISBN 92-9195-818-
                                     2. The incorporation by reference
                                     of these documents was approved by
                                     the Director of the Office of the
                                     Federal Register in accordance with
                                     5 U.S.C. 552(a) and 1 CFR part 51.
                                     Copies of CITES' Guidelines for
                                     transport and preparation for
                                     shipment of live wild animals and
                                     plants may be obtained from the
                                     CITES Secretariat, International
                                     Environment House, Chemin des
                                     An[eacute]mones, CH-1219,
                                     Ch[acirc]telaine, Geneva,
                                     Switzerland, or through the
                                     Internet at http://www.cites.org/
                                     eng/resources/transport/E-
                                     TranspGuide.pdf. Copies of the IATA
                                     LAR may be obtained from IATA, 800
                                     Place Victoria, P.O. Box 113,
                                     Montreal, Quebec, Canada H4Z 1M1,
                                     by calling 1-800-716-6326, or
                                     ordering through the Internet at
                                     http://www.iata.org. Copies of
                                     these documents may be inspected at
                                     the U.S. Management Authority, Fish
                                     and Wildlife Service, 4401 N.
                                     Fairfax Dr., Arlington, VA 22203 or
                                     at the National Archives and
                                     Records Administration (NARA). For
                                     information on the availability of
                                     this material at NARA, call 202-741-
                                     6030, or go to: http://
                                     www.archives.gov/federal--register/
                                     code--of--federal--regulations/ibr--
                                     locations.html.
------------------------------------------------------------------------
(8) Identification of the specimen  Any unique identification number or
                                     mark (such as a tag, band, ring,
                                     microchip, label, or serial
                                     number), including any mark
                                     required under these regulations or
                                     a CITES listing annotation. For a
                                     microchip, the microchip code,
                                     trademark of the transponder
                                     manufacturer and, where possible,
                                     the location of the microchip in
                                     the specimen. If a microchip is
                                     used, we may, if necessary, ask the
                                     importer, exporter, or re-exporter
                                     to have equipment on hand to read
                                     the microchip at the time of
                                     import, export, or re-export.
------------------------------------------------------------------------
(9) Management Authority            The complete name and address of the
                                     issuing Management Authority as
                                     included in the CITES directory,
                                     which is available from the CITES
                                     website or us (see Sec.  23.7).
------------------------------------------------------------------------
(10) Name and address               The complete name and address,
                                     including country, of the exporter
                                     and importer.
------------------------------------------------------------------------
(11) Purpose of transaction         The purpose of the transaction
                                     identified either through a written
                                     description of the purpose of the
                                     transaction or by using one of the
                                     codes given in paragraph (d) of
                                     this section. The code is
                                     determined by the issuing
                                     Management Authority through
                                     information submitted with an
                                     application. This is not required
                                     for a certificate of origin.
------------------------------------------------------------------------
(12) Quantity                       The quantity of specimens authorized
                                     in the shipment and, if
                                     appropriate, the unit of
                                     measurement using the metric
                                     system:
                                    (i) The unit of measurement should
                                     be appropriate to the type of
                                     specimen and agree with the
                                     Guidelines for the preparation and
                                     submission of CITES annual reports
                                     available from the CITES website or
                                     us (see Sec.  23.7). General
                                     descriptions such as ``one case''
                                     or ``one batch'' are not
                                     acceptable.
                                    (ii) Weight should be in kilograms.
                                     If weight is used, net weight
                                     (weight of the specimen alone) must
                                     be stated, not gross weight that
                                     includes the weight of the
                                     container or packaging.
                                    (iii) Volume should be in cubic
                                     meters for logs and sawn wood and
                                     either square meters or cubic
                                     meters for veneer and plywood.
                                    (iv) For re-export, if the type of
                                     good has not changed since being
                                     imported, the same unit of
                                     measurement as on the export permit
                                     must be used, except to change to
                                     units that are to be used in the
                                     CITES annual report.
------------------------------------------------------------------------

[[Page 135]]

 
(13) Scientific name                The scientific name of the species,
                                     including the subspecies when
                                     needed to determine the level of
                                     protection of the specimen under
                                     CITES, using standard nomenclature
                                     as it appears in the CITES
                                     Appendices or the references
                                     adopted by the CoP. A list of
                                     current references is available
                                     from the CITES website or us (see
                                     Sec.  23.7). A CITES document may
                                     contain higher-taxon names in lieu
                                     of the species name only under one
                                     of the following circumstances:
                                    (i) The CoP has agreed that the use
                                     of a higher-taxon name is
                                     acceptable for use on CITES
                                     documents.
                                    (A) If the genus cannot be readily
                                     determined for coral rock, the
                                     scientific name to be used is the
                                     order Scleractinia.
                                    (B) Live and dead coral must be
                                     identified to the level of species
                                     except where the CoP has agreed
                                     that identification to genus is
                                     acceptable. A current list of coral
                                     taxa identifiable to genus is
                                     available from the CITES website or
                                     us (see Sec.  23.7).
                                    (C) Re-export of worked skins or
                                     pieces of Tupinambis species that
                                     were imported before August 1,
                                     2000, may indicate Tupinambis spp.
                                    (ii) The issuing Party can show the
                                     use of a higher-taxon name is well
                                     justified and has communicated the
                                     justification to the Secretariat.
                                    (iii) The item is a pre-Convention
                                     manufactured product containing a
                                     specimen that cannot be identified
                                     to the species level.
------------------------------------------------------------------------
(14) Seal or stamp                  The embossed seal or ink stamp of
                                     the issuing Management Authority.
------------------------------------------------------------------------
(15) Security stamp                 If a Party uses a security stamp,
                                     the stamp must be canceled by an
                                     authorized signature and a stamp or
                                     seal, preferably embossed. The
                                     number of the stamp must also be
                                     recorded on the CITES document.
------------------------------------------------------------------------
(16) Signature                      An original handwritten signature of
                                     a person authorized to sign CITES
                                     documents for the issuing
                                     Management Authority. The signature
                                     must be on file with the
                                     Secretariat.
------------------------------------------------------------------------
(17) Signature name                 The name of the person who signed
                                     the CITES document.
------------------------------------------------------------------------
(18) Source                         The source of the specimen. For re-
                                     export, unless there is information
                                     to indicate otherwise, the source
                                     code on the CITES document used for
                                     import of the specimen must be
                                     used. See Sec.  23.24 for a list
                                     of codes.
------------------------------------------------------------------------
(19) Treaty name                    Either the full name or acronym of
                                     the Treaty, or the CITES logo.
------------------------------------------------------------------------
(20) Type of CITES document         The type of CITES document (import,
                                     export, re-export, or other):
                                     (i) If marked ``other,'' the CITES
                                     document must indicate the type of
                                     document, such as certificate for
                                     artificially propagated plants,
                                     certificate for wildlife bred in
                                     captivity, certificate of origin,
                                     certificate of ownership,
                                     introduction-from-the-sea
                                     certificate, pre-Convention
                                     certificate, sample collection
                                     covered by an ATA carnet,
                                     scientific exchange certificate, or
                                     traveling-exhibition certificate.
                                    (ii) If multiple types are
                                     authorized on one CITES document,
                                     the type that applies to each
                                     specimen must be clearly indicated.
------------------------------------------------------------------------
(21) Validation or certification    The actual quantity of specimens
                                     exported or re-exported:
                                    (i) Using the same units of
                                     measurement as those on the CITES
                                     document.
                                    (ii) Validated or certified by the
                                     stamp or seal and signature of the
                                     inspecting authority at the time of
                                     export or re-export.
------------------------------------------------------------------------

(d) Purpose of transaction. If the purpose is not identified by a 
written description, the CITES document must contain one of the 
following codes:

 
------------------------------------------------------------------------
                  Code                        Purpose of transaction
------------------------------------------------------------------------
B......................................  Breeding in captivity or
                                          artificial propagation
E......................................  Education
G......................................  Botanical garden
H......................................  Hunting trophy
L......................................  Law enforcement/judicial/
                                          forensic
M......................................  Medical research (including
                                          biomedical research)
N......................................  Reintroduction or introduction
                                          into the wild
P......................................  Personal
Q......................................  Circus and traveling exhibition
S......................................  Scientific
T......................................  Commercial
Z......................................  Zoo
------------------------------------------------------------------------


[[Page 136]]

(e) Additional required information. The following describes the 
additional information that is required for specific types of documents 
(listed alphabetically):

 
------------------------------------------------------------------------
         Type of document              Additional required information
------------------------------------------------------------------------
(1) Annex (such as an attached      The page number, document number,
 inventory, conditions, or           and date of issue on each page of
 continuation pages of a CITES       an annex that is attached as an
 document)                           integral part of a CITES document.
                                     An authorized signature and ink
                                     stamp or seal, preferably embossed,
                                     of the Management Authority issuing
                                     the CITES document must also be
                                     included on each page of the annex.
                                     The CITES document must indicate an
                                     attached annex and the total number
                                     of pages.
------------------------------------------------------------------------
(2) Certificate of origin (see      A statement that the specimen
 Sec.  23.38)                       originated in the country that
                                     issued the certificate.
------------------------------------------------------------------------
(3) Copy when used in place of the  (i) Information required in
 original CITES document             paragraph (e)(7) of this section
                                     when the document authorizes export
                                     or re-export.
                                    (ii) A statement by the Management
                                     Authority on the face of the
                                     document authorizing the use of a
                                     copy when the document authorizes
                                     import.
------------------------------------------------------------------------
(4) Export permit for a registered  The registration number of the
 commercial breeding operation or    operation or nursery assigned by
 nursery for Appendix-I specimens    the Secretariat, and if the
 (see Sec.  23.46)                  exporter is not the registered
                                     operation or nursery, the name of
                                     the registered operation or
                                     nursery.
------------------------------------------------------------------------
(5) Export permit with a quota      Number of specimens, such as 500/
                                     1,000, that were:
                                    (i) Exported thus far in the current
                                     calendar year, including those
                                     covered by the current permit (such
                                     as 500), and
                                    (ii) Included in the current annual
                                     quota (such as 1,000).
------------------------------------------------------------------------
(6) Import permit (Appendix-I       A certification that the specimen
 specimen) (see Sec.  23.35)        will not be used for primarily
                                     commercial purposes and, for a live
                                     specimen, that the recipient has
                                     suitable facilities and expertise
                                     to house and care for it.
------------------------------------------------------------------------
(7) Replacement CITES document      When a CITES document replaces an
 (see Sec.  23.52)                  already issued CITES document that
                                     was lost, damaged, stolen, or
                                     accidentally destroyed:
                                    (i) If a newly issued CITES
                                     document, indication it is a
                                     ``replacement,'' the number and
                                     date of issuance of the CITES
                                     document that was replaced, and
                                     reason for replacement.
                                    (ii) If a copy of the original CITES
                                     document, indication it is a
                                     ``replacement'' and a ``true copy
                                     of the original,'' a new original
                                     signature of a person authorized to
                                     sign CITES documents for the
                                     issuing Management Authority, the
                                     date signed, and reason for
                                     replacement.
------------------------------------------------------------------------
(8) Partially completed documents   (i) A list of the blocks that must
 (see Sec.  23.51)                  be completed by the permit holder.
                                    (ii) If the list includes scientific
                                     names, an inventory of approved
                                     species must be included on the
                                     face of the CITES document or in an
                                     attached annex.
                                    (iii) A signature of the permit
                                     holder, which acts as a
                                     certification that the information
                                     entered is true and accurate.
------------------------------------------------------------------------
(9) Pre-Convention document (see    (i) An indication on the face of the
 Sec.  23.45)                       CITES document that the specimen is
                                     pre-Convention.
                                    (ii) A date that shows the specimen
                                     was acquired before the date the
                                     Convention first applied to it.
------------------------------------------------------------------------
(10) Re-export certificate (see     (i) The country of origin, the
 Sec.  23.37)                       export permit number, and the date
                                     of issue.
                                    (ii) If previously re-exported, the
                                     country of last re-export, the re-
                                     export certificate number, and the
                                     date of issue.
                                    (iii) If all or part of this
                                     information is not known, a
                                     justification must be given.
------------------------------------------------------------------------
(11) Retrospective CITES document   A clear statement that the CITES
 (see Sec.  23.53)                  document is issued retrospectively
                                     and the reason for issuance.
------------------------------------------------------------------------
(12) Sample collection covered by   (i) A statement that the document
 an ATA carnet (see Sec.  23.50)    covers a sample collection and is
                                     invalid unless accompanied by a
                                     valid ATA carnet.
                                    (ii) The number of the accompanying
                                     ATA carnet recorded by the
                                     Management Authority, customs, or
                                     other responsible CITES inspecting
                                     official.
------------------------------------------------------------------------

    (f) Phytosanitary certificate. A Party may use a phytosanitary 
certificate as a CITES document under the following conditions:
    (1) The Party has provided copies of the certificate, stamps, and 
seals to the Secretariat.

[[Page 137]]

    (2) The certificate is used only when all the following conditions 
are met:
    (i) The plants are being exported, not re-exported.
    (ii) The plants are Appendix-II species, or are hybrids of one or 
more Appendix-I species or taxa that are not annotated to include 
hybrids.
    (iii) The plants were artificially propagated in the exporting 
country.
    (3) The certificate contains the following information:
    (i) The scientific name of the species, including the subspecies 
when needed to determine the level of protection of the specimen under 
CITES, using standard nomenclature as it appears in the CITES Appendices 
or the references adopted by the CoP.
    (ii) The type (such as live plant or bulb) and quantity of the 
specimens authorized in the shipment.
    (iii) A stamp, seal, or other specific indication stating that the 
specimen is artificially propagated (see Sec. 23.64).



Sec. 23.24  What code is used to show the source of the specimen?

    The Management Authority must indicate on the CITES document the 
source of the specimen using one of the following codes, except the code 
``O'' for pre-Convention, which should be used in conjunction with 
another code:

 
------------------------------------------------------------------------
                     Source of specimen                          Code
------------------------------------------------------------------------
(a) Artificially propagated plant (see Sec.  23.40):                 A
(1) An Appendix-II or -III artificially propagated specimen.
(2) An Appendix-I plant specimen artificially propagated for
 noncommercial purposes or certain Appendix-I hybrids (see
 Sec.  23.42) propagated for commercial purposes...........
------------------------------------------------------------------------
(b) Bred-in-captivity wildlife (see Sec.  23.41):                     C
(1) An Appendix-II or -III specimen bred in captivity. (See
 paragraph (d)(1) of this section for wildlife that does not
 qualify as bred in captivity.).............................
(2) An Appendix-I specimen bred for noncommercial purposes.
 (See paragraph (c)(1) of this section for an Appendix-I
 specimen bred for commercial purposes.)....................
------------------------------------------------------------------------
(c) Bred in captivity or artificially propagated for                  D
 commercial purposes (see Sec. Sec.  23.46 and 23.47):
(1) An Appendix-I wildlife specimen bred in captivity for
 commercial purposes at an operation registered with the
 Secretariat................................................
(2) An Appendix-I plant specimen artificially propagated for
 commercial purposes at a nursery that is registered with
 the Secretariat or a commercial propagating operation that
 meets the requirements of Sec.  23.47.....................
------------------------------------------------------------------------
(d) Captive-bred wildlife (Sec.  23.36):                             F
(1) An Appendix-II or -III wildlife species that is captive-
 bred.......................................................
(2) An Appendix-I wildlife species that is one of the
 following:.................................................
(i) Captive-bred............................................
(ii) Bred for commercial purposes, but the commercial
 breeding operation is not registered with the Secretariat..
(iii) Bred for noncommercial purposes, but the facility does
 not meet the definition in Sec.  23.5 because it is not
 involved in a cooperative conservation program.............
------------------------------------------------------------------------
(e) Confiscated or seized specimen (see Sec.  23.78).                I
------------------------------------------------------------------------
(f) Pre-Convention specimen (see Sec.  23.45) (code to be            O
 used in conjunction with another code).
------------------------------------------------------------------------
(g) Ranched wildlife (wildlife that originated from a                 R
 ranching operation).
------------------------------------------------------------------------
(h) Source unknown (must be justified on the face of the              U
 CITES document).
------------------------------------------------------------------------
(i) Specimen taken from the wild:                                     W
(1) For wildlife, this includes a specimen born in captivity
 from an egg collected from the wild or from wildlife that
 mated or exchanged genetic material in the wild............
(2) For a plant, it includes a specimen propagated from a
 propagule collected from a wild plant, except as provided
 in Sec.  23.64............................................
------------------------------------------------------------------------



Sec. 23.25  What additional information is required on a non-Party

CITES document?

    (a) Purpose. Under Article X of the Treaty, a Party may accept a 
CITES document issued by a competent authority of a non-Party only if 
the document substantially conforms to the requirements of the Treaty.
    (b) Additional certifications. In addition to the information in 
Sec. 23.23(c) through (e), a CITES document issued

[[Page 138]]

by a non-Party must contain the following certifications on the face of 
the document:

 
------------------------------------------------------------------------
Activity by a non-
       Party                            Certification
------------------------------------------------------------------------
(1) Export          (i) For Appendix-I and -II specimens, the Scientific
                     Authority has advised that the export will not be
                     detrimental to the survival of the species.
                    (ii) The Management Authority is satisfied that the
                     specimen was legally acquired.
------------------------------------------------------------------------
(2) Import          For Appendix-I specimens, the import will be for
                     purposes that are not detrimental to the survival
                     of the species.
------------------------------------------------------------------------



Sec. 23.26  When is a U.S. or foreign CITES document valid?

    (a) Purpose. Article VIII of the Treaty provides that Parties take 
appropriate measures to enforce the Convention to prevent illegal 
trafficking in wildlife and plants.
    (b) Original CITES documents. A separate original or a true copy of 
a CITES document must be issued before the import, introduction from the 
sea, export, or re-export occurs, and the document must accompany each 
shipment. No copy may be used in place of an original except as provided 
in Sec. 23.23(e)(3) or when a shipment is in transit (see Sec. 23.22). 
Fax or electronic copies are not acceptable.
    (c) Acceptance of CITES documents. We will accept a CITES document 
as valid for import, introduction from the sea, export, or re-export 
only if the document meets the requirements of this section, Sec. Sec. 
23.23 through 23.25, and the following conditions:

 
----------------------------------------------------------------------------------------------------------------
                 Key phrase                               Conditions for an acceptable CITES document
----------------------------------------------------------------------------------------------------------------
(1) Altered or modified CITES document......  The CITES document has not been altered (including by rubbing or
                                               scratching out), added to, or modified in any way unless the
                                               change is validated on the document by the stamp and authorized
                                               signature of the issuing Management Authority, or if the document
                                               was issued as a partially completed document, the Management
                                               Authority lists on the face of the document which blocks must be
                                               completed by the permit holder.
----------------------------------------------------------------------------------------------------------------
(2) Annual reports..........................  The Party issuing the CITES document has submitted annual reports
                                               and is not subject to any action under Article VIII paragraph
                                               7(a) that would not allow trade in CITES species.
----------------------------------------------------------------------------------------------------------------
(3) CITES document..........................  U.S. and foreign CITES documents must meet the general provisions
                                               and criteria in subparts C and E.
----------------------------------------------------------------------------------------------------------------
(4) Conditions..............................  All conditions on the CITES document are met.
----------------------------------------------------------------------------------------------------------------
(5) Convention implementation...............  The Party issuing the CITES document is not subject to any action
                                               under Article VIII or Article XIII paragraph 3 that would not
                                               allow trade in the species.
----------------------------------------------------------------------------------------------------------------
(6) Extension of validity...................  The validity of a CITES document may not be extended except as
                                               provided in Sec.  23.73 for certain timber species.
----------------------------------------------------------------------------------------------------------------
(7) Fraudulent CITES document or CITES        The CITES document is authentic and does not contain erroneous or
 document containing false information.        misleading information.
----------------------------------------------------------------------------------------------------------------
(8) Humane transport........................  Live wildlife or plants were transported in compliance with CITES'
                                               Guidelines for transport and preparation for shipment of live
                                               wild animals and plantsor, in the case of air transport of
                                               wildlife, the International Air Transport Association Live
                                               Animals Regulations. (See Sec.  23.23(c)(7).)
----------------------------------------------------------------------------------------------------------------
(9) Legal acquisition.......................  The Party or non-Party issuing the CITES document has made the
                                               required legal acquisition finding.
----------------------------------------------------------------------------------------------------------------

[[Page 139]]

 
(10) Management Authority and Scientific      The CITES document was issued by a Party or non-Party that has
 Authority.                                    designated a Management Authority and Scientific Authority and
                                               has provided information on these authorities to the Secretariat.
----------------------------------------------------------------------------------------------------------------
(11) Name of importer and exporter..........  A CITES document is specific to the name on the face of the
                                               document and may not be transferred or assigned to another
                                               person.
----------------------------------------------------------------------------------------------------------------
(12) Non-detriment..........................  The Party or non-Party issuing the CITES document has made the
                                               required non-detriment finding.
----------------------------------------------------------------------------------------------------------------
(13) Phytosanitary certificate..............  A phytosanitary certificate may be used to export artificially
                                               propagated plants only if the issuing Party has provided copies
                                               of the certificates, stamps, and seals to the Secretariat.
----------------------------------------------------------------------------------------------------------------
(14) Quota..................................  For species with a quota on file with the Secretariat, the
                                               quantity exported from a country does not exceed the quota.
----------------------------------------------------------------------------------------------------------------
(15) Registered commercial breeding           (i) The operation is included in the Secretariat's register.
 operation for Appendix-I wildlife.           (ii) Each specimen is specifically marked, and the mark is
                                               described on the CITES document.
----------------------------------------------------------------------------------------------------------------
(16) Registered commercial nursery for        The operation is included in the Secretariat's register.
 Appendix-I plants.
----------------------------------------------------------------------------------------------------------------
(17) Retrospective CITES documents..........  A CITES document was not issued retrospectively except as provided
                                               in Sec.  23.53.
----------------------------------------------------------------------------------------------------------------
(18) Shipment contents......................  The contents of the shipment match the description of specimens
                                               provided on the CITES document, including the units and species.
                                               A shipment cannot contain more or different specimens or species
                                               than certified or validated on the CITES document at the time of
                                               export or re-export; the quantity of specimens validated or
                                               certified may be less, but not more, than the quantity stated at
                                               the time of issuance.
----------------------------------------------------------------------------------------------------------------
(19) Wild-collected specimen................  A wild-collected specimen (indicated on the CITES document with a
                                               source code of ``W'') is not coming from a country that is
                                               outside the range of the species, unless we have information
                                               indicating that the species has been established in the wild in
                                               that country through accidental introduction or other means.
----------------------------------------------------------------------------------------------------------------

    (d) Verification of a CITES document. We may request verification of 
a CITES document from the Secretariat or a foreign Management Authority 
before deciding whether to accept it under some circumstances, 
including, but not limited to, the following:
    (1) We receive reliable information that indicates the need for 
CITES document verification.
    (2) We have reasonable grounds to believe that a CITES document is 
not valid or authentic because the species is being traded in a manner 
detrimental to the survival of the species or in violation of foreign 
wildlife or plant laws, or any applicable Management or Scientific 
Authority finding has not been made.
    (3) The re-export certificate refers to an export permit that does 
not exist or is not valid.
    (4) We have reasonable grounds to believe that the document is 
fraudulent, contains false information, or has unauthorized changes.
    (5) We have reasonable grounds to believe that the specimen 
identified as bred in captivity or artificially propagated is a wild 
specimen, was produced from illegally acquired parental stock, or 
otherwise does not qualify for these exemptions.
    (6) The import of a specimen designated as bred in captivity or 
artificially propagated is from a non-Party. For an Appendix-I specimen, 
we must consult with the Secretariat.
    (7) For a retrospectively issued CITES document, both the importing 
and exporting or re-exporting countries' Management Authorities have not 
agreed to the issuance of the document.
    (8) For a replacement CITES document, we need clarification of the 
reason the document was issued.

[[Page 140]]



Sec. 23.27  What CITES documents do I present at the port?

    (a) Purpose. Article VIII of the Treaty provides that Parties 
establish an inspection process that takes place at a port of exit and 
entry. Inspecting officials must verify that valid CITES documents 
accompany shipments and take enforcement action when shipments do not 
comply with the Convention.
    (b) U.S. port requirements. In the United States, you must follow 
the clearance requirements for wildlife in part 14 of this subchapter 
and for plants in part 24 of this subchapter and 7 CFR parts 319, 352, 
and 355, and the specific requirement in paragraphs (c) and (d) of this 
section.
    (c) General validation or certification process. Officials in each 
country inspect the shipment and validate or certify the CITES document. 
The table in this paragraph (c) provides information on:
    (1) The types of original CITES documents you must present to be 
validated or certified by the inspecting official to export or re-export 
from a country.
    (2) When you need to surrender a copy of the original CITES document 
to the inspecting official at the time of export or re-export.
    (3) When you need to surrender the original CITES document to the 
inspecting official at the time of import or introduction from the sea.

 
----------------------------------------------------------------------------------------------------------------
                                           Present original for                             Surrender original
                                            export or re-export     Surrender copy upon       upon  import or
         Type of CITES document                validation or        export or re-export    introductionfrom the
                                               certification                                        sea
----------------------------------------------------------------------------------------------------------------
Bred-in-captivity certificate             Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Certificate for artificially propagated   Required                Required                Required
 plants
----------------------------------------------------------------------------------------------------------------
Certificate of origin                     Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Certificate of ownership                  Required                Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
Export permit                             Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Import permit                             Not required            Required                Required
----------------------------------------------------------------------------------------------------------------
Introduction-from-the-sea certificate     Not applicable          Not applicable          Required
----------------------------------------------------------------------------------------------------------------
Multiple-use document                     Required\1\             Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
Phytosanitary certificate                 Required                Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
Pre-Convention document                   Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Re-export certificate                     Required                Required                Required
----------------------------------------------------------------------------------------------------------------
Registered Appendix-I commercial          Required                Required                Required
 breeding operation, export permit
----------------------------------------------------------------------------------------------------------------
Registered Appendix-I nursery, export     Required                Required                Required
 permit
----------------------------------------------------------------------------------------------------------------
Replacement document where a shipment     Not required            Not required            Required
 has been made and is in a foreign
 country
----------------------------------------------------------------------------------------------------------------
Replacement document where a shipment     Required                Required                Required
 has not left the United States
----------------------------------------------------------------------------------------------------------------
Retrospective document                    Not required            Not required            Required
----------------------------------------------------------------------------------------------------------------
Sample collection covered by an ATA       Required                Required                Not required; submit
 carnet, CITES document                                                                    copy
----------------------------------------------------------------------------------------------------------------
Traveling-exhibition certificate          Required                Required                Not required; submit
                                                                                           copy
----------------------------------------------------------------------------------------------------------------
\1\ Original must be available for inspection, but permit conditions will indicate whether an original or copy
  is to be validated.


[[Page 141]]

    (d) Customs declaration labels. The customs declaration label used 
to identify specimens being moved between registered scientific 
institutions (Sec. 23.48) must be affixed to the shipping container. 
The label does not require export or re-export validation or 
certification at the port.



       Subpart C_Application Procedures, Criteria, and Conditions



Sec. 23.32  How do I apply for a U.S. CITES document?

    (a) To apply for a U.S. CITES document, you must complete a standard 
application form and submit it to the appropriate office shown on the 
top of the form.
    (b) To determine the type of CITES document needed for your 
shipment, go to Sec. Sec. 23.18 through 23.20 for further guidance.
    (c) If a species is also regulated under another part of this 
subchapter (such as endangered or threatened species, see Sec. 23.3), 
the requirements of all parts must be met. You may submit a single 
application that contains all the information needed to meet the 
requirements of CITES and other applicable parts.
    (d) You must also follow the general permit procedures in part 13 of 
this subchapter.
    (e) You should review the criteria in all applicable regulations in 
this subchapter that apply to the type of permit you are seeking before 
completing the application form.
    (f) We will review your application to assess whether it contains 
the information needed to make the required findings.
    (1) Based on available information, we will decide if any of the 
exemptions apply and what type of CITES document you need.
    (2) If we need additional information, we will contact you. If you 
do not provide the information within 45 calendar days, we will abandon 
your application. If your application is abandoned and you wish to apply 
for a permit at a later time, you must submit a new application.



Sec. 23.33  How is the decision made to issue or deny a request

for a U.S. CITES document?

    (a) Upon receiving a complete application, we will decide whether to 
issue a CITES document by considering:
    (1) The general criteria in Sec. 13.21(b) of this subchapter and, 
if the species is protected under a separate law or treaty, criteria in 
any other applicable parts.
    (2) The CITES issuance criteria provided in this subpart (see 
subpart D of this part for factors we consider in making certain 
findings).
    (b) As needed, the U.S. Management Authority, including FWS Law 
Enforcement, will forward a copy of the application to the U.S. 
Scientific Authority; State, tribal, or other Federal government 
agencies; or other applicable experts. We may also query the Secretariat 
and foreign Management and Scientific Authorities for information to use 
in making the required findings.
    (c) You must provide sufficient information to satisfy us that all 
criteria specific to the proposed activity are met before we can issue a 
CITES document.
    (d) We will base our decision on whether to issue or deny the 
application on the best available information.



Sec. 23.34  What kinds of records may I use to show the origin of 

a specimen when I apply for a U.S. CITES document?

    (a) When you apply for a U.S. CITES document, you will be asked to 
provide information on the origin of the specimen that will be covered 
by the CITES document.
    (1) You need to provide sufficient information for us to determine 
if the issuance criteria in this part are met (see the sections in this 
subpart for each type of CITES document).
    (2) We require less detailed information when the import, 
introduction from the sea, export, or re-export poses a low risk to a 
species in the wild and more detailed information when the proposed 
activity poses greater risk to a species in the wild (see Subpart D of 
this part for factors we consider in making certain findings).

[[Page 142]]

    (b) Information you may want to provide in a permit application 
includes, but is not limited to, the following:

 
----------------------------------------------------------------------------------------------------------------
                   Source of specimen                                        Types of records
----------------------------------------------------------------------------------------------------------------
(1) Captive-bred or cultivated\1\......................  (i) Records that identify the breeder or propagator of
                                                          the specimens that have been identified by birth,
                                                          hatch, or propagation date and for wildlife by sex,
                                                          size, band number, or other mark, or for plants by
                                                          size or other identifying feature:
                                                         (A) Signed and dated statement by the breeder or
                                                          propagator that the specimen was bred or propagated
                                                          under controlled conditions.
                                                         (B) Name and address of the breeder or propagator as
                                                          shown by documents such as an International Species
                                                          Information System (ISIS) record, veterinary
                                                          certificate, or plant nursery license.
                                                         (ii) Records that document the breeding or propagating
                                                          of specimens at the facility:
                                                         (A) Number of wildlife (by sex and age- or size-class)
                                                          or plants at the facility.
                                                         (B) How long the facility has been breeding or
                                                          propagating the species.
                                                         (C) Annual production and mortalities.
                                                         (D) Number of specimens sold or transferred annually.
                                                         (E) Number of specimens added from other sources
                                                          annually.
                                                         (F) Transaction records with the date, species,
                                                          quantity of specimens, and name and address of seller.
                                                         (G) Marking system, if applicable.
                                                         (H) Photographs or video of facility, including for
                                                          wildlife any activities during nesting and production
                                                          and rearing of young, and for plants, different stages
                                                          of growth.
----------------------------------------------------------------------------------------------------------------
(2) Confiscated or seized..............................  Copy of remission decision, legal settlement, or
                                                          disposal action after forfeiture or abandonment, which
                                                          demonstrates the applicant's legal possession.
----------------------------------------------------------------------------------------------------------------
(3) Exempt plant material..............................  Records that document how you obtained the exempt plant
                                                          material, including the name and address of the person
                                                          from whom you received the plant material.
----------------------------------------------------------------------------------------------------------------
(4) Imported previously................................  (i) A copy of the cancelled CITES document that
                                                          accompanied the shipment into the United States.
                                                         (ii) For wildlife, copies of cleared Declarations for
                                                          Importation or Exportation of Fish or Wildlife (Form 3-
                                                          177) associated with each specimen.
----------------------------------------------------------------------------------------------------------------
(5) Pre-Convention.....................................  Records that show the specimen was acquired before the
                                                          date the provisions of the Convention first applied to
                                                          it, such as:
                                                         (i) Receipt or invoice.
                                                         (ii) Catalog, inventory list, photograph, or art book.
                                                         (iii) Statement from a qualified appraiser attesting to
                                                          the age of a manufactured product.
                                                         (iv) CBP (formerly U.S. Customs Service) import
                                                          documents.
                                                         (v) Phytosanitary certificate.
                                                         (vi) Veterinary document or breeding or propagation
                                                          logs.
----------------------------------------------------------------------------------------------------------------
(6) Sequential ownership or purchase...................  (i) Records that specifically identify the specimen,
                                                          give the name and address of the owner, and show the
                                                          specimen's origin (pre-Convention, previously
                                                          imported, wild-collected, or born or propagated in a
                                                          controlled environment in the United States).
                                                         (ii) Records that document the history of all transfers
                                                          in ownership (generally not required for pre-
                                                          Convention specimens).
----------------------------------------------------------------------------------------------------------------
(7) Unknown origin, for noncommercial purposes.........  A complete description of the circumstances under which
                                                          the specimen was acquired (where, when, and from whom
                                                          the specimen was acquired), including efforts made to
                                                          obtain information on the origin of the specimen.
----------------------------------------------------------------------------------------------------------------

[[Page 143]]

 
(8) Wild-collected.....................................  Records, such as permits, licenses, and tags, that
                                                          demonstrate the specimen or the parental stock was
                                                          legally removed from the wild under relevant foreign,
                                                          Federal, tribal, State, or local wildlife or plant
                                                          conservation laws or regulations:
                                                         (i) If taken on private or tribal land, permission of
                                                          the landowner if required under applicable law.
                                                         (ii) If taken in a national, State, or local park,
                                                          refuge, or other protected area, permission from the
                                                          applicable agency, if required.
----------------------------------------------------------------------------------------------------------------
\1\ If the wildlife was born in captivity from an egg collected from the wild or from parents that mated or
  exchanged genetic material in the wild, or the plant was propagated from a non-exempt propagule collected from
  a wild plant, see paragraph (b)(8) of this section.

    (c) If you intend to engage in international trade with a CITES 
specimen in the future, you should keep sufficient records to establish 
your eligibility for a CITES document for as long as you possess the 
specimen, and if you sell, donate, or transfer ownership of the 
specimen, you should provide such records on the origin of the specimen 
to the new owner.



Sec. 23.35  What are the requirements for an import permit?

    (a) Purpose. Article III(3) of the Treaty sets out the conditions 
under which a Management Authority can issue an import permit.
    (b) U.S. application forms. Complete the appropriate form for the 
proposed activity and submit it to the U.S. Management Authority:

 
------------------------------------------------------------------------
Type of application for an import permit for an Appendix-I
                         specimen                             Form no.
------------------------------------------------------------------------
(1) CITES:
Southern African Leopard, African Elephant, and Namibian
 Southern White Rhinoceros Sport-hunted Trophies
Appendix-I Plants
Appendix-I Wildlife
Appendix-I Biological Samples
3-200-19
3-200-35
3-200-37
3-200-29
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:
ESA Plants
ESA Sport-hunted Trophies
ESA Wildlife
3-200-36
3-200-20
3-200-37
------------------------------------------------------------------------
(3) Marine Mammal Protection Act and CITES:
Marine Mammals
3-200-43
------------------------------------------------------------------------
(4) Wild Bird Conservation Act and CITES:
Personal Pet Bird
Under an Approved Cooperative Breeding Program
Scientific Research or Zoological Breeding/Display
3-200-46
3-200-48
3-200-47
------------------------------------------------------------------------

    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign import permits. When 
applying for a U.S. import permit, you must provide sufficient 
information for us to find that your proposed activity meets all of the 
following criteria:

[[Page 144]]



 
------------------------------------------------------------------------
 Criteria for an import permit for an Appendix-I specimen     Section
------------------------------------------------------------------------
(1) The proposed import would be for purposes that are     23.61
 not detrimental to the survival of the species.
------------------------------------------------------------------------
(2) The specimen will not be used for primarily            23.62
 commercial purposes.
------------------------------------------------------------------------
(3) The recipients are suitably equipped to house and      23.65
 care for any live wildlife or plant to be imported.
------------------------------------------------------------------------
(4) The scientific name of the species is the standard     23.23
 nomenclature in the CITES Appendices or the references
 adopted by the CoP.
------------------------------------------------------------------------

    (d) U.S. standard conditions. You must meet all of the provisions on 
use after import in Sec. 23.55 and the standard conditions in Sec. 
23.56.
    (e) Prior issuance of an import permit. For Appendix-I specimens, 
the Management Authority of the exporting country may:
    (1) Issue an export permit for live or dead specimens or a re-export 
certificate for live specimens only after the Management Authority of 
the importing country has either issued an import permit or confirmed in 
writing that an import permit will be issued.
    (2) Accept oral confirmation from the Management Authority of the 
importing country that an import permit will be issued in an emergency 
situation where the life or health of the specimen is threatened and no 
means of written communication is possible.
    (3) Issue a re-export certificate for a dead specimen without 
confirmation that the import permit has been issued.



Sec. 23.36  What are the requirements for an export permit?

    (a) Purposes. Articles III, IV, and V of the Treaty set out the 
conditions under which a Management Authority may issue an export permit 
for an Appendix-I, -II, or -III specimen. Article XIV sets out the 
conditions under which a Management Authority may issue a document for 
export of certain Appendix-II marine specimens protected under a pre-
existing treaty, convention, or international agreement.
    (b) U.S. application forms. Complete the appropriate form for the 
proposed activity and submit it to the U.S. Management Authority. Form 
3-200-26 may also be submitted to FWS Law Enforcement at certain ports 
or regional offices:

[[Page 145]]



 
------------------------------------------------------------------------
         Type of application for an export permit             Form no.
------------------------------------------------------------------------
(1) CITES:
American Ginseng
Appendix-I Plants Artificially Propagated for Commercial
 Purposes
Biological Specimens
Captive-born Raptors
Captive-born Wildlife (except raptors)
Caviar/Meat of Paddlefish or Sturgeon, Removed from the
 Wild
Export of Skins/Products of Bobcat, Canada Lynx, River
 Otter, Brown Bear, Gray Wolf, and American Alligator
 Taken under an Approved State or Tribal Program
Personal Pets, One-time Export
Plants
Registration of a Native Species Production Facility
Single-use Permits under a Master File or an Annual
 Program File
Trophies by Taxidermists
Wildlife, Removed from the Wild
3-200-34
3-200-33
3-200-29
3-200-25
3-200-24
3-200-76
3-200-26
 
3-200-46
3-200-32
3-200-75
3-200-74
3-200-28
3-200-27
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:
ESA Plants
ESA Wildlife
3-200-36
3-200-37
------------------------------------------------------------------------
(3) Marine Mammal Protection Act and CITES:
Biological Samples
Live Captive-held Marine Mammals
Take from the Wild for Export
3-200-29
3-200-53
3-200-43
------------------------------------------------------------------------

    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign export permits except as 
provided for certain marine specimens in paragraph (d) of this section. 
When applying for a U.S. permit or certificate, you must provide 
sufficient information for us to find that your proposed activity meets 
all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                              Appendix of the specimen
        Criteria for an export permit         -------------------------------------------------------   Section
                                                       I                 II                III
----------------------------------------------------------------------------------------------------------------
(1) The wildlife or plant was legally          Yes                Yes               Yes               23.60
 acquired.
----------------------------------------------------------------------------------------------------------------
(2) The proposed export would not be           Yes                Yes               n/a               23.61
 detrimental to the survival of the species.
----------------------------------------------------------------------------------------------------------------
(3) An import permit has already been issued   Yes                n/a               n/a               23.35
 or the Management Authority of the importing
 country has confirmed that it will be
 issued.
----------------------------------------------------------------------------------------------------------------

[[Page 146]]

 
(4) The scientific name of the species is the  Yes                Yes               Yes               23.23
 standard nomenclature in the CITES
 Appendices or the references adopted by the
 CoP.
----------------------------------------------------------------------------------------------------------------
(5) Live wildlife or plants will be prepared   Yes                Yes               Yes               23.23
 and shipped so as to minimize risk of
 injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------
(6) The specimen originated in a country that  n/a                n/a               Yes               23.20
 listed the species.
----------------------------------------------------------------------------------------------------------------
(7) For wildlife with the source code ``W''    Yes                n/a               n/a               -
 or ``F,'' the export is for noncommercial
 purposes. (See Sec.  23.46 for the export
 of specimens that originated at a commercial
 breeding operation for Appendix-I wildlife
 that is registered with the Secretariat.)
----------------------------------------------------------------------------------------------------------------

    (d) Export of certain exempt marine specimens. Article XIV(4) and 
(5) of the Treaty provide a limited exemption for Appendix-II marine 
species that are protected under another treaty, convention, or 
international agreement that was in force at the time CITES entered into 
force. When all of the following conditions are met, export of exempt 
Appendix-II marine wildlife or plants requires only that the shipment is 
accompanied by a document issued by the Management Authority of the 
exporting country indicating that the specimens were taken in accordance 
with the provisions of the other international treaty, convention, or 
agreement:
    (1) The exporting country is a CITES Party and is a party to an 
international treaty, convention, or agreement that affords protection 
to the species and was in force on July 1, 1975.
    (2) The ship that harvested the specimen is registered in the 
exporting country.
    (3) The specimen was taken within waters under the jurisdiction of 
the exporting country or in the marine environment not under the 
jurisdiction of any country.
    (4) The specimen was taken in accordance with the other 
international treaty, convention, or agreement, including any quotas.
    (5) The shipment is accompanied by any official document required 
under the other international treaty, convention, or agreement or 
otherwise required by law.
    (e) Export of exempt specimens from the United States. To export a 
specimen exempted under paragraph (d) of this section, you must obtain a 
CITES document from the U.S. Management Authority that indicates the 
specimen was taken in accordance with the provisions of another 
international treaty, convention, or agreement that was in force on July 
1, 1975.
    (f) U.S. application for export of exempt specimens. To apply for a 
CITES exemption document under paragraph (e) of this section, complete 
the appropriate form for your activity and submit it to the U.S. 
Management Authority.
    (g) Criteria for certain exempt marine specimens. The criteria in 
this paragraph (g) apply to the issuance and acceptance of U.S. and 
foreign export documents. To obtain a U.S. CITES document for export of 
specimens exempted under paragraph (d) of this section you must provide 
sufficient information for us to find that your proposed export meets 
all of the following issuance criteria:
    (1) The specimen was taken in accordance with the provisions of an 
applicable international treaty, convention, or agreement that was in 
force on July 1, 1975.
    (2) The scientific name of the CITES species is in the standard 
nomenclature in the CITES Appendices or references adopted by the CoP 
(see Sec. 23.23).
    (3) The ship that harvested the specimen is registered in the 
exporting country.

[[Page 147]]

    (4) The specimen was taken within waters under the jurisdiction of 
the exporting country or in the marine environment not under the 
jurisdiction of any country.



Sec. 23.37  What are the requirements for a re-export certificate?

    (a) Purposes. Articles III, IV, and V of the Treaty set out the 
conditions under which a Management Authority may issue a re-export 
certificate for an Appendix-I, -II, or -III specimen.
    (b) U.S. application forms. Complete the appropriate form for the 
proposed activity and submit it to the U.S. Management Authority. Form 
3-200-73 may also be submitted to Law Enforcement at certain ports or 
regional offices:

 
------------------------------------------------------------------------
      Type of application for a re-export certificate         Form no.
------------------------------------------------------------------------
(1) CITES:
Biological Specimens
Plants
Single-use Permits under a Master File or an Annual
 Program File
Trophies by Taxidermists
Wildlife
3-200-29
3-200-32
3-200-74
3-200-28
3-200-73
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:
ESA Plants
ESA Wildlife
3-200-36
3-200-37
------------------------------------------------------------------------
(3) Marine Mammal Protection Act and CITES:
Biological Samples
Live Captive-held Marine Mammals
3-200-29
3-200-53
------------------------------------------------------------------------

    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign re-export certificates. When 
applying for a U.S. certificate, you must provide sufficient information 
for us to find that your proposed activity meets all of the following 
criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                              Appendix of the specimen
     Criteria for a re-export certificate     -------------------------------------------------------   Section
                                                       I                 II                III
----------------------------------------------------------------------------------------------------------------
(1) The wildlife or plant was legally          Yes                Yes               Yes               23.60
 acquired.
----------------------------------------------------------------------------------------------------------------
(2) The scientific name of the species is the  Yes                Yes               Yes               23.23
 standard nomenclature in the CITES
 Appendices or the references adopted by the
 CoP.
----------------------------------------------------------------------------------------------------------------
(3) For a live specimen, an import permit has  Yes                n/a               n/a               23.35
 already been issued or the Management
 Authority of the importing country has
 confirmed that it will be issued. This
 criterion does not apply to a specimen with
 the source code ``D.''
----------------------------------------------------------------------------------------------------------------
(4) Live wildlife or plants will be prepared   Yes                Yes               Yes               23.23
 and shipped so as to minimize risk of
 injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------
(5) For re-export of a confiscated specimen,   Yes                Yes               n/a               23.61
 the proposed re-export would not be
 detrimental to the survival of the species.
----------------------------------------------------------------------------------------------------------------

[[Page 148]]

 
(6) For wildlife with the source code ``W''    Yes                n/a               n/a               -
 or ``F,'' the re-export is for noncommercial
 purposes.
----------------------------------------------------------------------------------------------------------------



Sec. 23.38  What are the requirements for a certificate of origin?

    (a) Purpose. Article V(3) of the Treaty requires that a shipment of 
Appendix-III specimens be accompanied by a certificate of origin when 
the shipment is not from a country that listed the species in Appendix 
III and is not a re-export.
    (b) U.S. application forms. For a certificate of origin, complete 
one of the following forms and submit it to the U.S. Management 
Authority:
    (1) Form 3-200-27 for wildlife removed from the wild.
    (2) Form 3-200-24 for captive-born wildlife.
    (3) Form 3-200-32 for plants.
    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. and foreign certificates of origin. When 
applying for a U.S. certificate, you must provide sufficient information 
for us to find that your proposed activity meets all of the following 
criteria:
    (1) The specimen originated in the country of export, which is not a 
country that listed the species in Appendix III. In the case of a 
listing that is annotated to cover only a certain population, no CITES 
document is required if the listed population does not occur in the 
country of export. For U.S. applicants, the country of origin must be 
the United States.
    (2) The scientific name of the species is the standard nomenclature 
in the CITES Appendices or the references adopted by the CoP (see Sec. 
23.23).
    (3) Live wildlife or plants will be prepared and shipped so as to 
minimize risk of injury, damage to health, or cruel treatment of the 
specimen (see Sec. 23.23).



Sec. 23.39  What are the requirements for an introduction-from-the-sea 

certificate?

    (a) Purpose. Articles III(5), IV(6), and IV(7) of the Treaty set out 
the conditions under which a Management Authority may issue an 
introduction-from-the-sea certificate.
    (b) U.S. application form. Complete Form 3-200-31 and submit it to 
the U.S. Management Authority.
    (c) Criteria. The criteria in this paragraph (c) apply to the 
issuance and acceptance of U.S. certificates. You must provide 
sufficient information for us to find that your proposed activity meets 
all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                             Appendix of the  specimen
    Criteria for an introduction-from-the-sea     ----------------------------------------------     Section
                   certificate                               I                      II
----------------------------------------------------------------------------------------------------------------
(1) The specimen was taken in the marine           Yes                    Yes                    -
 environment not under the jurisdiction of any
 country.
----------------------------------------------------------------------------------------------------------------
(2) The proposed introduction from the sea would   Yes                    Yes                    23.61
 not be detrimental to the survival of the
 species.
----------------------------------------------------------------------------------------------------------------
(3) The specimen will not be used for primarily    Yes                    n/a                    23.62
 commercial purposes.
----------------------------------------------------------------------------------------------------------------
(4) The recipients are suitably equipped to house  Yes                    n/a                    23.65
 and care for live wildlife or plants.
----------------------------------------------------------------------------------------------------------------
(5) The scientific name of the species is the      Yes                    Yes                    23.23
 standard nomenclature in the CITES Appendices or
 the references adopted by the CoP.
----------------------------------------------------------------------------------------------------------------

[[Page 149]]

 
(6) Live wildlife or plants will be prepared and   Yes                    Yes                    23.23
 shipped so as to minimize risk of injury, damage
 to health, or cruel treatment of the specimen.
----------------------------------------------------------------------------------------------------------------

    (d) Exemption. As allowed under Article XIV(4) and (5) of the 
Treaty, you may directly introduce into the United States any Appendix-
II wildlife or plant taken in the marine environment that is not under 
the jurisdiction of any country without a CITES document when all of the 
following conditions are met:
    (1) The United States is a party to an international treaty, 
convention, or agreement that affords protection to the species and was 
in force on July 1, 1975.
    (2) The ship that harvested the specimen is registered in the United 
States.
    (3) The specimen was taken in accordance with the other 
international treaty, convention, or agreement, including any quotas.
    (4) The shipment is accompanied by any official document required 
under the other international treaty, convention, or agreement or 
otherwise required by U.S. law.
    (e) Export of exempt specimens. To export a specimen exempted under 
paragraph (d) of this section, you must obtain a CITES document from the 
U.S. Management Authority that indicates the specimen was taken in 
accordance with the provisions of the other international treaty, 
convention, or agreement that was in force on July 1, 1975. See 
requirements in Sec. 23.36 (e) through (g).
    (f) Appendix III. Appendix-III species introduced from the sea do 
not require introduction-from-the-sea certificates. However, the 
subsequent international trade of an Appendix-III specimen introduced 
from the sea would be considered an export requiring a CITES document 
(see Sec. 23.20(f)).



Sec. 23.40  What are the requirements for a certificate for artificially

propagated plants?

    (a) Purpose. Article VII(5) of the Treaty grants an exemption to 
plants that are artificially propagated when a Management Authority 
issues a certificate.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a certificate for artificially 
propagated Appendix-I, -II, or -III plants:
    (1) The certificate for artificially propagated plants and any 
subsequent re-export certificate must show the source code as ``A'' for 
artificially propagated.
    (2) For an Appendix-I specimen that satisfies the requirements of 
this section, no CITES import permit is required.
    (c) U.S. application form. Complete Form 3-200-33 and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                                         Appendix of the  specimen
    Criteria for a certificate for     ------------------------------------------------------------    Section
    artificially propagated plants               I                  II                  III
----------------------------------------------------------------------------------------------------------------
 (1) The plant was artificially         Yes                 Yes                 Yes                 23.64
 propagated.
----------------------------------------------------------------------------------------------------------------

[[Page 150]]

 
(2) The plant specimen is one of the    Yes                 n/a                 n/a                 ............
 following:
(i) Was propagated for noncommercial
 purposes.
(ii) Is part of a traveling
 exhibition.
(iii) Is a hybrid of one or more
 Appendix-I species or taxa that is
 not annotated to include hybrids in
 the listing and was propagated for
 commercial or noncommercial purposes.
----------------------------------------------------------------------------------------------------------------
(3) The scientific name of the species  Yes                 Yes                 Yes                 23.23
 is the standard nomenclature in the
 CITES Appendices or the references
 adopted by the CoP.
----------------------------------------------------------------------------------------------------------------
(4) The live plant will be prepared     Yes                 Yes                 Yes                 23.23
 and shipped so as to minimize risk of
 injury, damage to health, or cruel
 treatment of the specimen.
----------------------------------------------------------------------------------------------------------------

    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, you must meet all of the following conditions:
    (1) You may not export or re-export a plant (including its parts, 
products, or derivatives) under this certificate if the plant was 
removed from the wild or grown directly from a wild seed, except for 
plants grown from exempt plant materials that qualify as artificially 
propagated.
    (2) You may not export an Appendix-I species that was propagated for 
commercial purposes under this certificate, except for hybrids of one or 
more Appendix-I species or taxa that are not annotated to include 
hybrids in the listing.
    (3) You may export a native plant under this certificate only when 
specifically approved for export and listed on the certificate, 
inventory sheet, or an approved species list.
    (4) You may export a specimen under a higher-taxon name only if you 
identified the taxon in your application and we approved it on this 
certificate.



Sec. 23.41  What are the requirements for a bred-in-captivity certificate?

    (a) Purpose. Article VII(5) of the Treaty grants an exemption to 
wildlife that is bred in captivity when a Management Authority issues a 
certificate.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a certificate for Appendix-I, -
II, or -III wildlife that was bred in captivity:
    (1) The certificate and any subsequent re-export certificate must 
show the source code as ``C'' for bred in captivity.
    (2) For an Appendix-I specimen that satisfies the requirements of 
this section, no CITES import permit is required.
    (c) U.S. application form. Complete Form 3-200-24 and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
                                               Appendix of the  specimen
 Criteria for a bred-in-captivity  ------------------------------------------------            Section
            certificate                    I              II              III
----------------------------------------------------------------------------------------------------------------
(1) The wildlife was bred in        Yes             Yes             Yes             23.63
 captivity.
----------------------------------------------------------------------------------------------------------------

[[Page 151]]

 
(2) The wildlife specimen was bred  Yes             n/a             n/a             23.5
 for noncommercial purposes or is
 part of a traveling exhibition.
----------------------------------------------------------------------------------------------------------------
(3) The scientific name of the      Yes             Yes             Yes             23.23
 species is the standard
 nomenclature in the CITES
 Appendices or the references
 adopted by the CoP.
----------------------------------------------------------------------------------------------------------------
(4) Live wildlife will be prepared  Yes             Yes             Yes             23.23
 and shipped so as to minimize
 risk of injury, damage to health,
 or cruel treatment of the
 specimen.
----------------------------------------------------------------------------------------------------------------



Sec. 23.42  What are the requirements for a plant hybrid?

    General provisions. Except as provided in Sec. 23.92, the export, 
re-export, or import of a plant hybrid of a CITES species must be 
accompanied by a valid CITES document that shows the Appendix of the 
specimen as follows:

 
------------------------------------------------------------------------
     Question on a plant hybrid         Answer and status of specimen
------------------------------------------------------------------------
(a) Is the specimen an artificially  (1) YES. Continue to paragraph (b)
 propagated hybrid of one or more     of this section.
 Appendix-I species or taxa?         (2) NO. Continue to paragraph (c)
                                      of this section.
------------------------------------------------------------------------
(b) Is one or more of the Appendix-  (1) YES. The hybrid is listed in
 I species or taxa in paragraph (a)   Appendix I.
 of this section annotated to        (2) NO. The hybrid is listed in
 include hybrids?                     Appendix I, but may be granted a
                                      certificate for artificially
                                      propagated plants even if
                                      propagated for commercial
                                      purposes.
------------------------------------------------------------------------
(c) Is the specimen a hybrid that    (1) YES. Consider the specimen to
 includes two or more CITES species   be listed in the more restrictive
 or taxa in its lineage?              Appendix, with Appendix I being
                                      the most restrictive and Appendix
                                      III the least.
                                     (2) NO. Continue to paragraph (d)
                                      of this section.
------------------------------------------------------------------------
(d) Is the specimen a hybrid that    (1) YES. Consider the specimen to
 includes one CITES species or        be listed in the Appendix in which
 taxon in its lineage?                the species or taxon is listed in
                                      the CITES Appendices.
                                     (2) NO. The hybrid is not regulated
                                      by CITES.
------------------------------------------------------------------------



Sec. 23.43  What are the requirements for a wildlife hybrid?

    (a) Definition. For the purposes of this section, recent lineage 
means the last four generations of a specimen's ancestry (direct line of 
descent).
    (b) U.S. and foreign general provisions. Except as provided in 
paragraph (f) of this section, the import, export, or re-export of a 
hybrid CITES wildlife specimen must be accompanied by a valid CITES 
document.
    (c) CITES documents. All CITES documents must show the wildlife 
hybrid listed in the following Appendix:

 
----------------------------------------------------------------------------------------------------------------
                                                                                   Then the specimen is  listed
          If at least one specimen in the recent lineage is listed in:                          in:
----------------------------------------------------------------------------------------------------------------
(1) Appendix I                                                                    Appendix I
----------------------------------------------------------------------------------------------------------------
(2) Appendix II, and an Appendix-I species is not included in the recent lineage  Appendix II
----------------------------------------------------------------------------------------------------------------
(3) Appendix III, and an Appendix-I or -II species is not included in the recent  Appendix III
 lineage
----------------------------------------------------------------------------------------------------------------

    (d) U.S. application for wildlife hybrid. To apply for a CITES 
document, complete the appropriate form for the proposed activity (see 
Sec. Sec. 23.18 through

[[Page 152]]

23.20) and submit it to the U.S. Management Authority.
    (e) Criteria. For export of a hybrid that contains a CITES species 
in its recent lineage, you must meet the requirements of Sec. 23.36.
    (f) Exempt wildlife hybrids. The following provisions apply to 
import, export, or re-export of exempt wildlife hybrids:
    (1) A hybrid between a CITES species and a non-CITES species may be 
exempt from CITES document requirements if there are no purebred CITES 
species in the previous four generations of the specimen's ancestry 
(direct line of descent). Under this section, a hybrid between two CITES 
species is not exempt.
    (2) For import, export, or re-export of an exempt wildlife hybrid 
without CITES documents, you must provide information at the time of 
import or export to clearly demonstrate that your specimen has no 
purebred CITES species in the previous four generations of its ancestry. 
Although a CITES document is not required, you must follow the clearance 
requirements for wildlife in part 14 of this subchapter, including the 
prior notification requirements for live wildlife.



Sec. 23.44  What are the requirements to travel internationally with my

personally owned live wildlife?

    (a) Purpose. A Management Authority may use the exemption in Article 
VII(3) of the Treaty to issue a certificate of ownership that authorizes 
frequent cross-border movements of personally owned live wildlife for 
personal use.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a certificate of ownership for 
frequent international travel with live wildlife for personal use:
    (1) The certificate must be obtained from the Management Authority 
in the country of the owner's primary residence.
    (2) Parties should treat the certificate like a passport for import 
to and export or re-export from each country and should not collect the 
original certificate at the border.
    (3) If offspring are born or an additional specimen is acquired 
while the owner is outside his or her country of primary residence, the 
owner must obtain the appropriate CITES document for the export or re-
export of the wildlife, not a certificate of ownership, from the 
Management Authority of that country.
    (4) Upon returning home, the owner may apply for a certificate of 
ownership for wildlife born or acquired overseas.
    (c) U.S. application form. Complete Form 3-200-64 and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:
    (1) The traveler owns the live wildlife and it will accompany the 
owner.
    (2) The cross-border movement will be frequent and for personal use, 
including, but not limited to, companionship or use in a noncommercial 
competition such as falconry.
    (3) To apply for a U.S. certificate, the owner resides in the United 
States.
    (4) The wildlife was legally acquired (see Sec. 23.60).
    (5) The owner does not intend to sell, donate, or transfer the 
wildlife while traveling internationally.
    (6) The scientific name of the species is the standard nomenclature 
in the CITES Appendices or the references adopted by the CoP (see Sec. 
23.23).
    (7) The Management Authority of the country of import has agreed to 
the cross-border movement.
    (8) The wildlife is securely marked or uniquely identified in such a 
manner that the border official can verify that the specimen and CITES 
document correspond.
    (9) The wildlife is transported and cared for in a way that 
minimizes risk of injury, damage to health, or cruel treatment of the 
specimen (see Sec. 23.23).
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, all of the following conditions must be met:
    (1) You must accompany the wildlife during any cross-border 
movement.

[[Page 153]]

    (2) You must transport the wildlife for personal use only.
    (3) You must not sell, donate, or transfer the specimen while 
traveling internationally.
    (4) You must present the certificate to the official for validation 
at each border crossing.
    (5) If the certificate is lost, stolen, or accidentally destroyed, 
you must obtain a replacement certificate from the issuing Management 
Authority.
    (6) If you no longer own the live wildlife, you must immediately 
return the original document to the issuing Management Authority and 
report on the disposition of the wildlife, such as death, sale, or 
transfer.



Sec. 23.45  What are the requirements for a pre-Convention specimen?

    (a) Purpose. Article VII(2) of the Treaty exempts a pre-Convention 
specimen from standard permitting requirements in Articles III, IV, and 
V of the Treaty when the exporting or re-exporting country is satisfied 
that the specimen was acquired before the provisions of CITES applied to 
it and issues a CITES document to that effect.
    (b) U.S. and foreign general provisions. The following general 
provisions apply to the issuance and acceptance of pre-Convention 
documents:
    (1) Trade in a specimen under the pre-Convention exemption is 
allowed only if the importing country will accept a pre-Convention 
certificate.
    (2) The pre-Convention date is the date the species was first listed 
under CITES regardless of whether the species has subsequently been 
transferred from one Appendix to another.
    (3) For a pre-Convention Appendix-I specimen, no CITES import permit 
is required.
    (4) The pre-Convention exemption does not apply to offspring or cell 
lines of any wildlife or plant born or propagated after the date the 
species was first listed under CITES.
    (c) U.S. application form. Complete Form 3-200-23 (wildlife) or Form 
3-200-32 (plants) and submit it to the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that the specimen meets all of the following criteria:
    (1) The specimen was removed from the wild or born or propagated in 
a controlled environment before the date CITES first applied to it, or 
is a product (including a manufactured item) or derivative made from 
such specimen.
    (2) The scientific name of the species is the standard nomenclature 
in the CITES Appendices or the references adopted by the CoP (see Sec. 
23.23).
    (3) Live wildlife or plants will be prepared and shipped so as to 
minimize risk of injury, damage to health, or cruel treatment of the 
specimen.
    (4) For the re-export of a pre-Convention specimen previously 
imported under a CITES document, the wildlife or plant was legally 
imported.



Sec. 23.46  What are the requirements for registering a commercial

breeding operation for Appendix-I wildlife and commercially
exporting specimens?

    (a) Purpose. Article VII(4) of the Treaty provides that Appendix-I 
specimens that are bred in captivity for commercial purposes shall be 
deemed to be listed in Appendix II. This means that an Appendix-I 
specimen originating from a commercial breeding operation that is 
registered with the CITES Secretariat may be traded under an export 
permit or re-export certificate based on Appendix-II criteria. The 
specimen is still listed in Appendix I and is not eligible for any 
exemption granted to an Appendix-II species or taxon, including any 
exemption granted by an annotation (see Sec. 23.92).
    (b) U.S. and foreign general provisions. The following provisions 
apply to the registration of U.S. and foreign commercial breeding 
operations for Appendix-I wildlife:
    (1) If the Management Authority is satisfied that the operation in 
its country meets the conditions for registration in paragraph (d) of 
this section, it will send the request to register a breeding operation 
to the Secretariat.
    (2) The Secretariat will verify that the application is complete and 
notify the Parties of the request.

[[Page 154]]

    (3) If any Party objects to or expresses concern about the 
registration within 90 days from the date of the Secretariat's 
notification, the Secretariat will refer the application to the Animals 
Committee. The Committee has 60 days to respond to objections. The 
Secretariat will provide the recommendations of the Committee to the 
Management Authority of the Party that submitted the application and the 
Party that objected to the registration, and will facilitate a dialogue 
for resolution of the identified problems within 60 days.
    (4) If the objection is not withdrawn or the identified problems are 
not resolved, approval of the registration will require a two-thirds 
majority vote by the Parties at the next CoP or by a postal vote.
    (5) If other operations have already been registered for the 
species, the Secretariat may send the request to appropriate experts for 
advice only if significant new information is available or if there are 
other reasons for concern.
    (6) If the Secretariat is not satisfied that the operation meets the 
conditions for registration, it will provide the Management Authority 
that submitted the registration request with a full explanation of the 
reasons for rejection and indicate the specific conditions that must be 
met before the registration can be resubmitted for further 
consideration.
    (7) When the Secretariat is satisfied that the operation meets the 
registration requirements, it will include the operation in its 
register.
    (8) Operations are assigned an identification number and listed in 
the official register. Registration is not final until the Secretariat 
notifies all Parties.
    (9) If a Party believes that a registered operation does not meet 
the bred-in-captivity requirements, it may, after consultation with the 
Secretariat and the Party concerned, propose that the CoP delete the 
operation from the register by a two-thirds vote of the Parties. Once an 
operation has been deleted, it must re-apply and meet the registration 
requirements to be reinstated.
    (10) The Management Authority, in collaboration with the Scientific 
Authority, of a country where any registered operation is located must 
monitor the operation to ensure that it continues to meet the 
registration requirements. The Management Authority will advise the 
Secretariat of any major change in the nature of the operation or in the 
types of products being produced for export, and the Animals Committee 
will review the operation to determine whether it should remain 
registered.
    (11) A Party may unilaterally request the removal of a registered 
operation within its jurisdiction by notifying the Secretariat.
    (12) An Appendix-I specimen may not be imported for purposes of 
establishing or augmenting a commercial breeding operation, unless the 
specimen is pre-Convention (see Sec. 23.45) or was bred at a commercial 
breeding operation that is registered with the CITES Secretariat as 
provided in this section.
    (c) U.S. application to register. Complete Form 3-200-65 and submit 
it to the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
registration of U.S. and foreign commercial breeding operations for 
Appendix-I wildlife. For your breeding operation to be registered in the 
United States, you must provide sufficient information for us to find 
that your proposed activity meets all of the following criteria:

 
----------------------------------------------------------------------------------------------------------------
  Criteria for registering a commercial breeding operation for
                      Appendix-I wildlife                                            Section
----------------------------------------------------------------------------------------------------------------
(1) The operation breeds wildlife for commercial purposes.       23.5
----------------------------------------------------------------------------------------------------------------
(2) The parental stock was legally acquired.                     23.60
----------------------------------------------------------------------------------------------------------------
(3) The wildlife meets bred-in-captivity criteria.               23.63
----------------------------------------------------------------------------------------------------------------

[[Page 155]]

 
(4) Where the establishment of a breeding operation involves     -
 the removal of animals from the wild (allowable only under
 exceptional circumstances and only for native species), the
 operation must demonstrate to the satisfaction of the
 Management Authority, on advice of the Scientific Authority
 and of the Secretariat, that the removal is or was not
 detrimental to the conservation of the species.
----------------------------------------------------------------------------------------------------------------
(5) The potential escape of specimens or pathogens from the      -
 facility does not pose a risk to the ecosystem and native
 species.
----------------------------------------------------------------------------------------------------------------
(6) The scientific name of the species is the standard           23.23
 nomenclature in the CITES Appendices or the references adopted
 by the CoP.
----------------------------------------------------------------------------------------------------------------
(7) The breeding operation will make a continuing, meaningful    -
 contribution to the conservation of the species according to
 the conservation needs of the species.
----------------------------------------------------------------------------------------------------------------
(8) The operation will be carried out at all stages in a humane  -
 (non-cruel) manner.
----------------------------------------------------------------------------------------------------------------

    (e) Standard conditions of the registration. In addition to the 
conditions in Sec. 23.56, you must meet all of the following 
conditions:
    (1) You must uniquely mark all specimens from the breeding operation 
in the manner proposed at the time of registration. Birds may be marked 
with closed bands, although other methods may be used.
    (2) You may not import Appendix-I specimens for primarily commercial 
purposes (such as to establish a commercial captive-breeding operation) 
except from breeding operations registered for that species.
    (3) You must provide information to the Management Authority each 
year on the year's production and your current breeding stock. You may 
provide the information by mail, fax, or e-mail.
    (4) You must allow our agents to enter the premises at any 
reasonable hour to inspect wildlife held or to inspect, audit, or copy 
applicable records.
    (f) U.S. and foreign general provisions for export of specimens that 
originated in a registered breeding operation. The following provisions 
apply to the issuance and acceptance of export permits for Appendix-I 
specimens bred at an operation registered with the CITES Secretariat:
    (1) An export permit may be issued to the registered operation or to 
persons who have purchased a specimen that originated at the registered 
operation if the specimen has the unique mark applied by the operation. 
If a microchip is used, we may, if necessary, ask the importer, 
exporter, or re-exporter to have equipment on hand to read the microchip 
at the time of import, export, or re-export.
    (2) The export permit, and any subsequent re-export certificate, 
must show the specimen as listed in Appendix I and the source code as 
``D,'' and give the identification number of the registered breeding 
operation where the specimen originated.
    (3) No CITES import permit is required for a qualifying specimen.
    (g) U.S. application form. Complete Form 3-200-24 and submit it to 
the U.S. Management Authority.
    (h) Criteria. The criteria in this paragraph (h) apply to the 
issuance and acceptance of U.S. and foreign export permits. When 
applying for a U.S. permit, you must provide sufficient information for 
us to find that your proposed activity meets all of the following 
criteria:

 
----------------------------------------------------------------------------------------------------------------
                 Criteria for an export permit                                       Section
----------------------------------------------------------------------------------------------------------------
(1) The specimen was bred at a commercial operation for          23.46
 Appendix-I wildlife that is registered with the CITES
 Secretariat.
----------------------------------------------------------------------------------------------------------------
(2) The proposed export would not be detrimental to the          23.61
 survival of the species.
----------------------------------------------------------------------------------------------------------------

[[Page 156]]

 
(3) Live wildlife will be prepared and shipped so as to          23.23
 minimize risk of injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------



Sec. 23.47  What are the requirements for export of an Appendix-I plant 

artificially propagated for commercial purposes?

    (a) Purpose. Article VII(4) of the Treaty provides that Appendix-I 
plants artificially propagated for commercial purposes shall be deemed 
to be listed in Appendix II. This means that an Appendix-I specimen 
originating from a commercial nursery that is registered with the CITES 
Secretariat or that meets the requirements of this section may be traded 
under an export permit or re-export certificate based on Appendix-II 
criteria. The specimen is still listed in Appendix I and is not eligible 
for any exemption granted to an Appendix-II species or taxon, including 
any exemption granted by an annotation.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of export permits for Appendix-I 
specimens artificially propagated for commercial purposes:
    (1) An Appendix-I specimen may not be imported for purposes of 
establishing or augmenting a nursery or commercial propagating 
operation, unless the specimen is pre-Convention (see Sec. 23.45) or 
was propagated at a nursery that is registered with the CITES 
Secretariat or a commercial propagating operation that qualifies under 
paragraph (d) of this section, and the CITES document indicates the 
source code as ``D.''
    (2) An export permit may be issued to a CITES-registered nursery, to 
a commercial propagating operation that qualifies under paragraph (d) of 
this section, or to persons who have acquired a specimen that originated 
at such a nursery or operation. No CITES import permit is required for a 
qualifying specimen.
    (3) The export permit, and any subsequent re-export certificate, 
must show the specimen as listed in Appendix I and the source code as 
``D,'' and if from a nursery registered with the Secretariat, give the 
identification number of the registered nursery where the specimen 
originated.
    (c) U.S. application form. Complete Form 3-200-33 or Form 3-200-74 
(for additional single-use permits under a master file or an annual 
export program file). Complete Form 3-200-32 for one-time export. Submit 
the completed form to the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign export permits. When 
applying for a U.S. permit, you must provide sufficient information for 
us to find that your proposed activity meets all of the following 
criteria:

 
----------------------------------------------------------------------------------------------------------------
                 Criteria for an export permit                                       Section
----------------------------------------------------------------------------------------------------------------
(1) The specimen was propagated for commercial purposes.         23.5
----------------------------------------------------------------------------------------------------------------
(2) The parental stock was legally acquired.                     23.60
----------------------------------------------------------------------------------------------------------------
(3) The proposed export would not be detrimental to the          23.61
 survival of the species.
----------------------------------------------------------------------------------------------------------------
(4) The plant was artificially propagated.                       23.64
----------------------------------------------------------------------------------------------------------------
(5) The scientific name of the species is the standard           23.23
 nomenclature in the CITES Appendices or the references adopted
 by the CoP.
----------------------------------------------------------------------------------------------------------------
(6) The live plant will be prepared and shipped so as to         23.23
 minimize risk of injury, damage to health, or cruel treatment
 of the specimen.
----------------------------------------------------------------------------------------------------------------


[[Page 157]]

    (e) Nursery registration. [Reserved]



Sec. 23.48  What are the requirements for a registered scientific

institution?

    (a) Purpose. Article VII(6) of the Treaty grants an exemption that 
allows international trade in certain specimens for noncommercial loan, 
donation, or exchange between registered scientific institutions.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the registration of scientific institutions and acceptance of 
shipments from registered scientific institutions:
    (1) The receiving and sending scientific institutions must be 
registered with the Management Authority in their country. Scientists 
who wish to use this exemption must be affiliated with a registered 
scientific institution.
    (i) When a Management Authority is satisfied that a scientific 
institution has met the criteria for registration, it will assign the 
institution a five-character code consisting of the ISO country code and 
a unique three-digit number. In the case of a non-Party, the Secretariat 
will ensure that the institution meets the standards and assign it a 
unique code.
    (ii) The Management Authority must communicate the name, address, 
and assigned code to the Secretariat, which maintains a register of 
scientific institutions and provides that information to all Parties.
    (2) A registered scientific institution does not need separate CITES 
documents for the noncommercial loan, donation, or exchange of 
preserved, frozen, dried, or embedded museum specimens, herbarium 
specimens, or live plant material with another registered institution. 
The shipment must have an external label that contains information 
specified in paragraph (e)(5) of this section.
    (c) U.S. application to register as a scientific institution. To 
register, complete Form 3-200-39 and submit it to the U.S. Management 
Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
registration of U.S. and foreign institutions for scientific exchange. 
To be issued a certificate of scientific exchange as a registered U.S. 
scientific institution, you must provide sufficient information for us 
to find that your institution meets all of the following criteria:
    (1) Collections of wildlife or plant specimens are permanently 
housed and professionally curated, and corresponding records are kept.
    (2) Specimens are accessible to all qualified users, including those 
from other institutions.
    (3) Specimens are properly accessioned in a permanent catalog.
    (4) Records are permanently maintained for loans and transfers to 
and from other institutions.
    (5) Specimens are acquired primarily for research that is to be 
reported in scientific publications, and CITES specimens are not used 
for commercial purposes or as decorations.
    (6) Collections are prepared and arranged in a way that ensures 
their accessibility to researchers.
    (7) Specimen labels, permanent catalogs, and other records are 
accurate.
    (8) Specimens are legally acquired and lawfully possessed under a 
country's wildlife and plant laws.
    (9) Appendix-I specimens are permanently and centrally housed under 
the direct control of the institution.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, any activity conducted under a certificate of scientific exchange 
must meet all of the following conditions:
    (1) Both scientific institutions involved in the exchange must be 
registered by the applicable Management Authorities (or the Secretariat 
in the case of a non-Party), and be included in the Secretariat's 
register of scientific institutions.
    (2) An institution may send and receive only preserved, frozen, 
dried, or embedded museum specimens, herbarium specimens, or live plant 
materials that have been permanently and accurately recorded by one of 
the institutions involved in the exchange and that are traded as a 
noncommercial loan, donation, or exchange.
    (3) An institution may use specimens acquired under a certificate of 
scientific exchange and their offspring only for scientific research or 
educational display at a scientific institution and may not use 
specimens for commercial purposes.

[[Page 158]]

    (4) The institution must keep records to show that the specimens 
were legally acquired.
    (5) A customs declaration label must be affixed to the outside of 
each shipping container or package that contains all of the following:
    (i) The acronym ``CITES.''
    (ii) A description of the contents (such as ``herbarium 
specimens'').
    (iii) The names and addresses of the sending and receiving 
registered institutions.
    (iv) The signature of a responsible officer of the sending 
registered scientific institution.
    (v) The scientific institution codes of both registered scientific 
institutions involved in the loan, donation, or exchange.
    (6) A registered institution may destroy samples during analysis, 
provided that a portion of the sample is maintained and permanently 
recorded at a registered scientific institution for future scientific 
reference.



Sec. 23.49  What are the requirements for an exhibition traveling

internationally?

    (a) Purpose. Article VII(7) of the Treaty grants an exemption for 
specimens that qualify as bred in captivity, artificially propagated, or 
pre-Convention and are part of a traveling exhibition.
    (b) U.S. and foreign general provisions. The following general 
provisions apply to the issuance and acceptance of a certificate for 
live wildlife and plants, or their parts, products, or derivatives in an 
exhibition that travels internationally:
    (1) The Management Authority in the country of the exhibitor's 
primary place of business must have determined that the specimens are 
bred in captivity, artificially propagated, or pre-Convention and issued 
a traveling-exhibition certificate.
    (2) The certificate must indicate that the wildlife or plant is part 
of a traveling exhibition.
    (3) A separate certificate must be issued for each live wildlife 
specimen; a CITES document may be issued for more than one specimen for 
a traveling exhibition of live plants and dead parts, products, or 
derivatives of wildlife and plants.
    (4) The certificate is not transferable.
    (5) Parties should treat the certificate like a passport for import 
and export or re-export from each country, and should not collect the 
original certificate at the border.
    (6) Parties should check specimens closely to determine that each 
specimen matches the certificate and ensure that each live specimen is 
being transported and cared for in a manner that minimizes the risk of 
injury, damage to health, or cruel treatment of the specimen.
    (7) If offspring are born or a new specimen is acquired while the 
traveling exhibition is in another country, the exhibitor must obtain 
the appropriate CITES document for the export or re-export of the 
specimen from the Management Authority of that country.
    (8) Upon returning home, the exhibitor may apply for a traveling-
exhibition certificate for wildlife born overseas or for wildlife or 
plants acquired overseas.
    (c) U.S. application form. Complete Form 3-200-30 for wildlife and 
Form 3-200-32 for plants, and submit it to the U.S. Management 
Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign certificates. When applying 
for a U.S. certificate, you must provide sufficient information for us 
to find that your proposed activity meets all of the following criteria:
    (1) The traveling exhibition makes multiple cross-border movements, 
and will return to the country in which the exhibition is based before 
the certificate expires.
    (2) The cross-border movement must be for exhibition, and not for 
breeding, propagating, or activities other than exhibition.
    (3) The traveling exhibition is based in the country that issued the 
certificate.
    (4) The specimen meets the criteria for a bred-in-captivity 
certificate, certificate for artificially propagated plants, or pre-
Convention certificate.
    (5) The exhibitor does not intend to sell or otherwise transfer the 
wildlife

[[Page 159]]

or plant while traveling internationally.
    (6) The wildlife or plant is securely marked or identified in such a 
way that border officials can verify that the certificate and specimen 
correspond. If a microchip is used, we may, if necessary, ask the 
importer, exporter, or re-exporter to have equipment on hand to read the 
microchip at the time of import, export, or re-export.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, you must meet all of the following conditions:
    (1) The certificate may be used by you, and you must not transfer or 
assign it to another person or traveling exhibition.
    (2) You must transport the specimen internationally only for 
exhibition, not for breeding, propagating, or activities other than 
exhibition.
    (3) You must present the certificate to the official for validation 
at each border crossing.
    (4)For live plants, the quantity of plants must be reasonable for 
the purpose of the traveling exhibition.
    (5) You must not sell or otherwise transfer the specimen, or any 
offspring born to such specimen, while traveling internationally.
    (6) If the certificate is lost, stolen, or accidentally destroyed, 
you may obtain a replacement certificate only from the U.S. Management 
Authority.
    (7) If you no longer own the wildlife or plants, or no longer plan 
to travel as a traveling exhibition, the original certificate must be 
immediately returned to the U.S. Management Authority.
    (8) You must return the traveling exhibition to the United States 
before the certificate expires.



Sec. 23.50  What are the requirements for a sample collection covered

by an ATA carnet?

    (a) Purpose. Article VII(1) of the Treaty allows for the transit of 
specimens through or within a Party country while the specimens remain 
under customs control.
    (b) Definition. For purposes of this section, sample collection 
means a set of legally acquired parts, products, or derivatives of 
Appendix-II or -III species, or Appendix-I species bred in captivity or 
artificially propagated for commercial purposes, that will:
    (1) Cross international borders only for temporary exhibition or 
display purposes and return to the originating country.
    (2) Be accompanied by a valid ATA carnet and remain under customs 
control.
    (3) Not be sold or otherwise transferred while traveling 
internationally.
    (c) U.S. and foreign general provisions. The following general 
provisions apply to the issuance and acceptance of a CITES document for 
the movement of sample collections:
    (1) The Management Authority in the country where the sample 
collection originated must issue a CITES document that:
    (i) Clearly specifies that the document was issued for a ``sample 
collection.''
    (ii) Includes the condition in block 5, or an equivalent place, of 
the document that it is valid only if the shipment is accompanied by a 
valid ATA carnet and that the specimens must not be sold, donated, or 
otherwise transferred while outside the originating country.
    (2) The number of the accompanying ATA carnet must be recorded on 
the CITES document, and if this number is not recorded by the Management 
Authority, it must be entered by a customs or other CITES enforcement 
official responsible for the original endorsement of the CITES document.
    (3) The name and address of the exporter or re-exporter and importer 
must be identical, and the names of the countries to be visited must be 
indicated in block 5 or an equivalent place.
    (4) The date of validity must not be later than that of the ATA 
carnet and the period of validity must not exceed 6 months from the date 
of issuance.
    (5) At each border crossing, Parties must verify the presence of the 
CITES document, but allow it to remain with the shipment, and ensure 
that the ATA carnet is properly endorsed with an authorized stamp and 
signature by a customs official.
    (6) The exporter or re-exporter must return the sample collection to 
the originating country prior to the expiration of the CITES document.

[[Page 160]]

    (7) Parties should check the CITES document and sample collection 
closely at the time of first export or re-export and upon its return to 
ensure that the contents of the sample collection have not been changed.
    (8) For import into and export or re-export from the United States, 
the shipment must comply with the requirements for wildlife in part 14 
of this subchapter and for plants in part 24 of this subchapter and 7 
CFR parts 319, 352, and 355.
    (d) U.S. application form. Complete Form 3-200-29 for wildlife and 
Form 3-200-32 for plants, and submit it to the U.S. Management 
Authority.
    (e) Criteria. The criteria in this paragraph (e) apply to the 
issuance and acceptance of U.S. and foreign documents. When applying for 
a U.S. document, you must provide sufficient information for us to find 
that your proposed activity meets all of the following criteria:
    (1) The specimens meet the definition of a sample collection as 
provided in paragraph (b) of this section.
    (2) The wildlife or plant specimens must be securely marked or 
identified in such a way that border officials can verify that the CITES 
document, ATA carnet, and specimens correspond.
    (f) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, you must meet all of the following conditions:
    (1) You must transport the sample collection only for temporary 
exhibition or display purposes.
    (2) You must not transfer or assign the CITES document to another 
person.
    (3) You must not sell, donate, or transfer specimens while traveling 
internationally.
    (4) You must present the CITES document and the ATA carnet to the 
official for validation at each border crossing.
    (5) You must return the sample collection to the United States prior 
to the expiration of the CITES document.
    (6) If the CITES document is lost, stolen, or accidentally 
destroyed, you may obtain a replacement certificate only from the U.S. 
Management Authority.
    (7) If you no longer own the sample collection, or no longer plan to 
travel with the sample collection, you must immediately return the 
original document to the U.S. Management Authority.



Sec. 23.51  What are the requirements for issuing a partially completed

CITES document?

    (a) Purpose. Under Article VIII(3), Parties are to ensure that CITES 
specimens are traded with a minimum of delay.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of partially completed CITES 
documents.
    (1) A Management Authority may issue partially completed CITES 
documents only when:
    (i) The permitted trade will have a negligible impact or no impact 
on the conservation of the species.
    (ii) All provisions of CITES have been met.
    (iii) The specimens are one of the following:
    (A) Biological samples.
    (B) Pre-Convention specimens.
    (C) Specimens that qualify as bred in captivity or artificially 
propagated.
    (D) Appendix-I specimens from registered commercial breeding 
operations.
    (E) Appendix-I plants artificially propagated for commercial 
purposes.
    (F) Other specimens that the Management Authority determines qualify 
for partially completed documents.
    (2) A Management Authority may register applicants for species that 
may be traded under partially completed documents.
    (3) Partially completed CITES documents require the permit holder 
to:
    (i) Enter specific information on the CITES document or its annex as 
conditioned on the face of the CITES document.
    (ii) Enter scientific names on the CITES document only if the 
Management Authority included an inventory of approved species on the 
face of the CITES document or an attached annex.
    (iii) Sign the CITES document, which acts as a certification that 
the information entered is true and accurate.

[[Page 161]]

    (4) CITES documents issued for biological samples may be validated 
at the time of issuance provided that upon export the container is 
labeled with the CITES document number and indicates it contains CITES 
biological samples.
    (c) U.S. application form. Complete the appropriate form for the 
proposed activity (see Sec. Sec. 23.18 through 23.20) and submit it to 
the U.S. Management Authority.
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign CITES documents. When 
applying for a U.S. CITES document, you must provide sufficient 
information for us to find that your proposed activity meets the 
criteria in subpart C for the appropriate CITES document and the 
following criteria:
    (1) The use of partially completed documents benefits both the 
permit holder and the issuing Management Authority.
    (2) The proposed activity will have a negligible impact or no impact 
upon the conservation of the species.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56 and any standard conditions in this part that apply to the 
specific CITES document, the following conditions must be met:
    (1) You must enter the information specified in block 5, either on 
the face of the CITES document or in an annex to the document.
    (2) You may not alter or enter any information on the face of the 
CITES document or in an annex to the document that is not authorized in 
block 5 or an equivalent place.
    (3) If you are authorized to enter a scientific name, it must be for 
a species authorized in block 5 or an equivalent place, or in an 
attached annex of the CITES document.
    (4) You must sign the CITES document to certify that all information 
entered by you is true and correct.



Sec. 23.52  What are the requirements for replacing a lost, damaged,

stolen, or accidentally destroyed CITES document?

    (a) Purpose. A Management Authority may issue a duplicate document, 
either a copy of the original or a re-issued original, when a CITES 
document has been lost, damaged, stolen, or accidentally destroyed. 
These provisions do not apply to a document that has expired or that 
requires amendment. To amend or renew a CITES document, see part 13 of 
this subchapter.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a replacement CITES document:
    (1) The permittee must notify the issuing Management Authority that 
the document was lost, damaged, stolen, or accidentally destroyed.
    (2) The issuing Management Authority must be satisfied that the 
CITES document was lost, damaged, stolen, or accidentally destroyed.
    (3) The issuing Management Authority should immediately inform the 
Management Authority in the country of destination and, for commercial 
shipments, the Secretariat.
    (4) If the replacement CITES document is a copy, it must indicate 
that it is a ``replacement'' and a ``true copy of the original,'' 
contain a new dated original signature of a person authorized to sign 
CITES documents for the issuing Management Authority, and give the 
reason for replacement.
    (5) If the replacement CITES document is a newly issued original 
document, it must indicate that it is a ``replacement,'' include the 
number and date of issuance of the document being replaced, and give the 
reason for replacement.
    (c) U.S. application procedures. To apply for a replacement CITES 
document, you must do all of the following:
    (1) Complete application Form 3-200-66 and submit it to the U.S. 
Management Authority.
    (2) Consult the list to find the types of information you need to 
provide (more than one circumstance may apply to you):

[[Page 162]]



 
------------------------------------------------------------------------
        If                                  Then
------------------------------------------------------------------------
(i) The shipment    Provide copies of:
 has already        (A) Any correspondence you have had with the shipper
 occurred            or importing country's Management Authority
                     concerning the shipment.
                    (B) For wildlife, the validated CITES document and
                     cleared Declaration for Importation or Exportation
                     of Fish or Wildlife (Form 3-177).
                    (C) For plants, the validated CITES document.
------------------------------------------------------------------------
(ii) The original   Submit a signed, dated, and notarized statement
 CITES document no   that:
 longer exists      (A) Provides the CITES document number and describes
                     the circumstances that resulted in the loss or
                     destruction of the original CITES document.
                    (B) States whether the shipment has already
                     occurred.
                    (C) Requests a replacement U.S. CITES document.
------------------------------------------------------------------------
(iii) An original   Submit the original damaged CITES document and a
 CITES document      signed, dated, and notarized statement that:
 exists but has     (A) Describes the circumstances that resulted in the
 been damaged        CITES document being damaged.
                    (B) States whether the shipment has already
                     occurred.
                    (C) Requests a replacement U.S. CITES document.
------------------------------------------------------------------------

    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S and foreign documents. When applying for 
a U.S. replacement document, you must provide sufficient information for 
us to find that your proposed activity meets all of the following 
criteria:
    (1) The circumstances for the lost, damaged, stolen, or accidentally 
destroyed CITES document are reasonable.
    (2) If the shipment has already been made, the wildlife or plant was 
legally exported or re-exported, and the Management Authority of the 
importing country has indicated it will accept the replacement CITES 
document.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, the following conditions apply:
    (1) If the original CITES document is found, you must return it to 
the U.S. Management Authority.
    (2) A CITES document issued for a shipment that has already occurred 
does not require validation.
    (f) Validation. For an export or re-export that has not left the 
United States, follow the procedures in Sec. 23.27. If the shipment has 
left the United States and is in a foreign country, submit the 
unvalidated replacement CITES document to the appropriate foreign 
authorities. We will not validate the replacement CITES document for a 
shipment that has already been shipped to a foreign country. We do not 
require validation on replacement documents issued by foreign Management 
Authorities.



Sec. 23.53  What are the requirements for obtaining a retrospective

CITES document?

    (a) Purpose. Retrospective CITES documents may be issued and 
accepted in certain limited situations to authorize an export or re-
export after that activity has occurred, but before the shipment is 
cleared for import.
    (b) U.S. and foreign general provisions. The following provisions 
apply to the issuance and acceptance of a retrospective CITES document:
    (1) A retrospective document may not be issued for Appendix-I 
specimens except for certain specimens for personal use as specified in 
paragraph (d)(7) of this section.
    (2) The exporter or re-exporter must notify the Management Authority 
in the exporting or re-exporting country of the irregularities that have 
occurred.
    (3) A retrospective document may be one of the following:
    (i) An amended CITES document where it can be shown that the issuing 
Management Authority made a technical error that was not prompted by the 
applicant.
    (ii) A newly issued CITES document where it can be shown that the 
applicant was misinformed by CITES officials or the circumstances in 
(d)(7) of this section apply and a shipment has occurred without a 
document.

[[Page 163]]

    (4) Retrospective documents can only be issued after consultation 
between the Management Authorities in both the exporting or re-exporting 
country and the importing country, including a thorough investigation of 
circumstances and agreement between them that criteria in paragraph (d) 
of this section have been met.
    (5) The issuing Management Authority must provide all of the 
following information on any retrospective CITES document:
    (i) A statement that it was issued retrospectively.
    (ii) A statement specifying the reason for the issuance.
    (iii) In the case of a document issued for personal use, a condition 
restricting sale of the specimen within 6 months following the import of 
the specimen.
    (6) The issuing Management Authority must send a copy of the 
retrospective CITES document to the Secretariat.
    (7) In general, except when the exporter or re-exporter and importer 
have demonstrated they were not responsible for the irregularities, any 
person who has been issued a CITES document in the past will not be 
eligible to receive a retrospective document.
    (c) U.S. application. Complete application Form 3-200-58 and submit 
it to the U.S. Management Authority. In addition, submit one of the 
following:
    (1) For a shipment that occurred under a document containing a 
technical error, the faulty CITES document.
    (2) For a shipment that occurred without a CITES document, a 
completed application form for the type of activity you conducted (see 
Sec. Sec. 23.18 through 23.20).
    (d) Criteria. The criteria in this paragraph (d) apply to the 
issuance and acceptance of U.S. and foreign documents. When applying for 
a U.S. document, you must provide sufficient information for us to find 
that your activity meets all of the following criteria:
    (1) The specimens were exported or re-exported without a CITES 
document or with a CITES document that contained technical errors as 
provided in paragraph (d)(6)(ii) of this section.
    (2) The specimens were presented to the appropriate official for 
inspection at the time of import and a request for a retrospective CITES 
document was made at that time.
    (3) The export or re-export and import of the specimens was 
otherwise in compliance with CITES and the relevant national legislation 
of the countries involved.
    (4) The importing Management Authority has agreed to accept the 
retrospectively issued CITES document.
    (5) The specimens must be Appendix-II or -III wildlife or plants, 
except as provided in paragraph (d)(7) of this section.
    (6) Except as provided in paragraph (d)(7) of this section, the 
exporter or re-exporter and importer were not responsible for the 
irregularities that occurred and have demonstrated one of the following:
    (i) The Management Authority or officials designated to clear CITES 
shipments misinformed the exporter or re-exporter or the importer about 
the CITES requirements. In the United States, this would be an employee 
of the FWS (for any species) or APHIS or CBP (for plants).
    (ii) The Management Authority unintentionally made a technical error 
that was not prompted by information provided by the applicant when 
issuing the CITES document.
    (7) In the case of specimens for personal use, you must either show 
that you qualify under paragraph (d)(6) of this section, or that a 
genuine error was made and that there was no attempt to deceive. The 
following specimens for personal use may qualify for issuance of a 
retrospective document:
    (i) Personal or household effects.
    (ii) Live Appendix-II or -III specimens or live pre-Convention 
Appendix-I specimens that you own for your personal use, accompanied 
you, and number no more than two.
    (iii) Parts, products, or derivatives of an Appendix-I species that 
qualify as pre-Convention when the following conditions are met:
    (A) You own and possess the specimen for personal use.

[[Page 164]]

    (B) You either wore the specimen as clothing or an accessory or took 
it as part of your personal baggage, which was carried by you or checked 
as baggage on the same plane, boat, car, or train as you.
    (C) The quantity is reasonably necessary or appropriate for the 
nature of your trip or stay.
    (e) U.S. standard conditions. In addition to the conditions in Sec. 
23.56, the following condition applies: A CITES document issued for a 
shipment that has already occurred does not require validation.
    (f) Validation. Submit the original unvalidated retrospective CITES 
document to the appropriate foreign authority. We will not validate the 
retrospective CITES document for a shipment that has already been 
shipped to a foreign country, and we do not require validation on 
retrospective documents issued by foreign Management Authorities.



Sec. 23.54  How long is a U.S. or foreign CITES document valid?

    (a) Purpose. Article VI(2) of the Treaty sets the time period within 
which an export permit is valid. Validity periods for other CITES 
documents are prescribed in this section.
    (b) Period of validity. CITES documents are valid only if presented 
for import or introduction from the sea within the period of validity 
(before midnight on the expiration date) noted on the face of the 
document.
    (1) An export permit and re-export certificate will be valid for no 
longer than 6 months from the issuance date.
    (2) An import permit, introduction-from-the-sea certificate, and 
certificate of origin will be valid for no longer than 12 months from 
the issuance date.
    (3) A traveling-exhibition certificate and certificate of ownership 
will be valid for no longer than 3 years from the issuance date.
    (4) Other CITES documents will state the period of their validity, 
but no U.S. CITES document will be valid for longer than 3 years from 
the issuance date.
    (c) Extension of validity. The validity of a CITES document may not 
be extended beyond the expiration date on the face of the document, 
except under limited circumstances for certain timber species as 
outlined in Sec. 23.73.



Sec. 23.55  How may I use a CITES specimen after import into the 

United States?

    You may use CITES specimens after import into the United States for 
the following purposes:

 
------------------------------------------------------------------------
        If the species is listed in           Allowed use after import
------------------------------------------------------------------------
(a) Appendix I, except for specimens        The specimen may be used,
 imported with a CITES exemption document    including a transfer,
 listed in paragraph (d) of this section.    donation, or exchange, only
(b) Appendix II with an annotation for       for noncommercial purposes.
 noncommercial purposes where other
 specimens of that species are treated as
 if listed in Appendix I.
(c) Appendix II and threatened under the
 ESA, except as provided in a special rule
 in Sec. Sec.  17.40 through 17.48 or
 under a permit granted under Sec. Sec.
 17.32 or 17.52.
------------------------------------------------------------------------
(d) Appendix I, and imported with a CITES   The specimen may be used for
 exemption document as follows:              any purpose, except if the
(1) U.S-issued certificate for personally    regulations in this part or
 owned wildlife.                             other parts of this
(2) Pre-Convention certificate.              subchapter or a permit
(3) Export permit or re-export certificate   condition allowed the
 for wildlife from a registered commercial   import only for
 breeding operation.                         noncommercial purposes,
(4) Export permit or re-export certificate   then the import and
 for a plant from a registered nursery or    subsequent use must be only
 under a permit with a source code of        for noncommercial purposes.
 ``D.''
(5) U.S.-issued traveling-exhibition
 certificate.
(e) Appendix II, other than those in
 paragraphs (b) and (c) of this section.
(f) Appendix III.
------------------------------------------------------------------------


[[Page 165]]



Sec. 23.56  What U.S. CITES document conditions do I need to follow?

    (a) General conditions. The following general conditions apply to 
all U.S. CITES documents:
    (1) You must comply with the provisions of part 13 of this 
subchapter as conditions of the document, as well as other applicable 
regulations in this subchapter, including, but not limited to, any that 
require permits. You must comply with all applicable local, State, 
Federal, tribal, and foreign wildlife or plant conservation laws.
    (2) For export and re-export of live wildlife and plants, transport 
conditions must comply with CITES'Guidelines for transport and 
preparation for shipment of live wild animals and plantsor, in the case 
of air transport of live wildlife, with International Air Transport 
Association Live Animals Regulations.
    (3) You must return the original CITES document to the issuing 
office if you do not use it, it expires, or you request renewal or 
amendment.
    (4) When appropriate, a Management Authority may require that you 
identify Appendix-II and -III wildlife or plants with a mark. All live 
Appendix-I wildlife must be securely marked or uniquely identified. Such 
mark or identification must be made in a way that the border official 
can verify that the specimen and CITES document correspond. If a 
microchip is used, we may, if necessary, ask the importer, exporter, or 
re-exporter to have equipment on hand to read the microchip at the time 
of import, export, or re-export.
    (b) Standard conditions. You must comply with the standard 
conditions provided in this part for specific types of CITES documents.
    (c) Special conditions. We may place special conditions on a CITES 
document based on the needs of the species or the proposed activity. You 
must comply with any special conditions contained in or attached to a 
CITES document.



         Subpart D_Factors Considered in Making Certain Findings



Sec. 23.60  What factors are considered in making a legal acquisition

finding?

    (a) Purpose. Articles III, IV, and V of the Treaty require a 
Management Authority to make a legal acquisition finding before issuing 
export permits and re-export certificates. The Parties have agreed that 
a legal acquisition finding must also be made before issuing certain 
CITES exemption documents.
    (b) Types of legal acquisition. Legal acquisition refers to whether 
the specimen and its parental stock were:
    (1) Obtained in accordance with the provisions of national laws for 
the protection of wildlife and plants. In the United States, these laws 
include all applicable local, State, Federal, tribal, and foreign laws; 
and
    (2) If previously traded, traded internationally in accordance with 
the provisions of CITES.
    (c) How we make our findings. We make a finding that a specimen was 
legally acquired in the following way:
    (1) The applicant must provide sufficient information (see Sec. 
23.34) for us to make a legal acquisition finding.
    (2) We make this finding after considering all available 
information.
    (3) The amount of information we need to make the finding is based 
on our review of general factors described in paragraph (d) of this 
section and additional specific factors described in paragraphs (e) 
through (k) of this section.
    (4) As necessary, we consult with foreign Management and Scientific 
Authorities, the CITES Secretariat, State conservation agencies, Tribes, 
FWS Law Enforcement, APHIS or CBP, and other appropriate experts.
    (d) Risk assessment. We review the general factors listed in this 
paragraph and additional specific factors in paragraphs (e) through (k) 
of this section to assess the level of scrutiny and amount of 
information we need to make a finding of legal acquisition. We give less 
scrutiny and require less-detailed information when there is a low risk 
that specimens to be exported or re-exported were not legally acquired, 
and give more scrutiny and require more

[[Page 166]]

detailed information when the proposed activity poses greater risk. We 
consider the cumulative risks, recognizing that each aspect of the 
international trade has a continuum of risk from high to low associated 
with it as follows:
    (1) Status of the species: From Appendix I to Appendix III.
    (2) Origin of the specimen: From wild-collected to born or 
propagated in a controlled environment to bred in captivity or 
artificially propagated.
    (3) Source of the propagule used to grow the plant: From 
documentation that the plant was grown from a non-exempt seed or 
seedling to documentation that the plant was grown from an exempt seed 
or seedling.
    (4) Origin of the species: From species native to the United States 
or its bordering countries of Mexico or Canada to nonnative species from 
other countries.
    (5) Volume of illegal trade: From high to low occurrence of illegal 
trade.
    (6) Type of trade: From commercial to noncommercial.
    (7) Trade by range countries: From range countries that do not allow 
commercial export, or allow only limited noncommercial export of the 
species, to range countries that allow commercial export in high 
volumes.
    (8) Occurrence of the species in a controlled environment in the 
United States: From uncommon to common in a controlled environment in 
the United States.
    (9) Ability of the species to be bred or propagated readily in a 
controlled environment: From no documentation that the species can be 
bred or propagated readily in a controlled environment to widely 
accepted information that the species is commonly bred or propagated.
    (10) Genetic status of the specimen: From a purebred species to a 
hybrid.
    (e) Captive-bred wildlife or a cultivated plant. For a specimen that 
is captive-bred or cultivated, we may consider whether the parental 
stock was legally acquired.
    (f) Confiscated specimen. For a confiscated Appendix-II or -III 
specimen, we consider whether information shows that the transfer of the 
confiscated specimen or its offspring met the conditions of the 
remission decision, legal settlement, or disposal action after 
forfeiture or abandonment.
    (g) Donated specimen of unknown origin. For an unsolicited specimen 
of unknown origin donated to a public institution (see Sec. 10.12 of 
this subchapter), we consider whether:
    (1) The public institution follows standard recordkeeping practices 
and has made reasonable efforts to obtain supporting information on the 
origin of the specimen.
    (2) The public institution provides sufficient information to show 
it made a reasonable effort to find a suitable recipient in the United 
States.
    (3) The export will provide a conservation benefit to the species.
    (4) No persuasive information exists on illegal transactions 
involving the specimen.
    (5) The export is noncommercial, with no money or barter exchanged 
except for shipping costs.
    (6) The institution has no history of receiving a series of rare and 
valuable specimens or a large quantity of wildlife or plants of unknown 
origin.
    (h) Imported previously. For a specimen that was previously imported 
into the United States, we consider any reliable, relevant information 
we receive concerning the validity of a CITES document, regardless of 
whether the shipment was cleared by FWS, APHIS, or CBP.
    (i) Personal use. For a wildlife or plant specimen that is being 
exported or re-exported for personal use by the applicant, we consider 
whether:
    (1) The specimen was acquired in the United States and possessed for 
strictly personal use.
    (2) The number of specimens is reasonably appropriate for the nature 
of your export or re-export as personal use.
    (3) No persuasive evidence exists on illegal transactions involving 
the specimen.
    (j) Sequential ownership. For a specimen that was previously 
possessed by someone other than the applicant, we may consider the 
history of ownership for a specimen and its parental stock, breeding 
stock, or cultivated parental stock.

[[Page 167]]

    (k) Wild-collected in the United States. For a specimen collected 
from the wild in the United States, we consider the site where the 
specimen was collected, whether the species is known to occur at that 
site, the abundance of the species at that site, and, if necessary, 
whether permission of the appropriate management agency or landowner was 
obtained to collect the specimen.



Sec. 23.61  What factors are considered in making a non-detriment finding?

    (a) Purpose. Articles III and IV of the Treaty require that, before 
we issue a CITES document, we find that a proposed export or 
introduction from the sea of Appendix-I or -II specimens is not 
detrimental to the survival of the species and that a proposed import of 
an Appendix-I specimen is for purposes that would not be detrimental to 
the survival of the species.
    (b) Types of detriment. Detrimental activities, depending on the 
species, could include, among other things, unsustainable use and any 
activities that would pose a net harm to the status of the species in 
the wild. For Appendix-I species, it also includes use or removal from 
the wild that results in habitat loss or destruction, interference with 
recovery efforts for a species, or stimulation of further trade.
    (c) General factors. The applicant must provide sufficient 
information for us to make a finding of non-detriment. In addition to 
factors in paragraphs (d) and (e) of this section, we will consider 
whether:
    (1) Biological and management information demonstrates that the 
proposed activity represents sustainable use.
    (2) The removal of the animal or plant from the wild is part of a 
biologically based sustainable-use management plan that is designed to 
eliminate over-utilization of the species.
    (3) If no sustainable-use management plan has been established, the 
removal of the animal or plant from the wild would not contribute to the 
over-utilization of the species, considering both domestic and 
international uses.
    (4) The proposed activity, including the methods used to acquire the 
specimen, would pose no net harm to the status of the species in the 
wild.
    (5) The proposed activity would not lead to long-term declines that 
would place the viability of the affected population in question.
    (6) The proposed activity would not lead to significant habitat or 
range loss or restriction.
    (d) Additional factor for Appendix-II species. In addition to the 
general factors in paragraph (c) of this section, we will consider 
whether the intended export of an Appendix-II species would cause a 
significant risk that the species would qualify for inclusion in 
Appendix I.
    (e) Additional factors for Appendix-I species. In addition to the 
general factors in paragraph (c) of this section, we will consider 
whether the proposed activity:
    (1) Would not cause an increased risk of extinction for either the 
species as a whole or the population from which the specimen was 
obtained.
    (2) Would not interfere with the recovery of the species.
    (3) Would not stimulate additional trade in the species. If the 
proposed activity does stimulate trade, we will consider whether the 
anticipated increase in trade would lead to the decline of the species.
    (f) How we make our findings. We base the non-detriment finding on 
the best available biological information. We also consider trade 
information, including trade demand, and other scientific management 
information. We make a non-detriment finding in the following way:
    (1) We consult with the States, Tribes, other Federal agencies, 
scientists, other experts, and the range countries of the species.
    (2) We consult with the Secretariat and other Parties to monitor the 
level of trade that is occurring in the species.
    (3) Based on the factors in paragraphs (c) through (e) of this 
section, we evaluate the biological impact of the proposed activity.
    (4) In cases where insufficient information is available or the 
factors above are not satisfactorily addressed, we take precautionary 
measures and would be unable to make the required finding of non-
detriment.

[[Page 168]]

    (g) Risk assessment. We review the status of the species in the wild 
and the degree of risk the proposed activity poses to the species to 
determine the level of scrutiny needed to make a finding. We give 
greater scrutiny and require more detailed information for activities 
that pose a greater risk to a species in the wild. We consider the 
cumulative risks, recognizing that each aspect of international trade 
has a continuum of risk (from high to low) associated with it as 
follows:
    (1) Status of the species: From Appendix I to Appendix II.
    (2) Origin of the specimen: From wild-collected to born or 
propagated in a controlled environment to bred in captivity or 
artificially propagated.
    (3) Source of the propagule used to grow the plant: From 
documentation that the plant was grown from a non-exempt seed or 
seedling to documentation that the plant was grown from an exempt seed 
or seedling.
    (4) Origin of the species: From native species to nonnative species.
    (5) Volume of legal trade: From high to low occurrence of legal 
trade.
    (6) Volume of illegal trade: From high to low occurrence of illegal 
trade.
    (7) Type of trade: From commercial to noncommercial.
    (8) Genetic status of the specimen: From a purebred species to a 
hybrid.
    (9) Risk of disease transmission: From high to limited risk of 
disease transmission.
    (10) Basis for listing: From listed under Article II(1) or II(2)(a) 
of the Treaty to listed under Article II(2)(b).
    (h) Quotas for Appendix-I species. When an export quota has been set 
by the CoP for an Appendix-I species, we will consider the scientific 
and management basis of the quota together with the best available 
biological information when we make our non-detriment finding. We will 
contact the Scientific and Management Authorities of the exporting 
country for further information if needed.



Sec. 23.62  What factors are considered in making a finding of not 

for primarily commercial purposes?

    (a) Purpose. Under Article III(3(c)) and (5(c)) of the Treaty, an 
import permit or an introduction-from-the-sea certificate for Appendix-I 
species can be issued only if the Management Authority is satisfied that 
the specimen is not to be used for primarily commercial purposes. Trade 
in Appendix-I species must be subject to particularly strict regulation 
and authorized only in exceptional circumstances.
    (b) How we make our findings. We must find that the intended use of 
the Appendix-I specimen is not for primarily commercial purposes before 
we can issue a CITES document.
    (1) We will make this decision on a case-by-case basis considering 
all available information.
    (2) The applicant must provide sufficient information to satisfy us 
that the intended use is not for primarily commercial purposes.
    (3) The definitions of ``commercial'' and ``primarily commercial 
purposes'' in Sec. 23.5 apply.
    (4) We will look at all aspects of the intended use of the specimen. 
If the noncommercial aspects do not clearly predominate, we will 
consider the import or introduction from the sea to be for primarily 
commercial purposes.
    (5) While the nature of the transaction between the owner in the 
country of export and the recipient in the country of import or 
introduction from the sea may have some commercial aspects, such as the 
exchange of money to cover the costs of shipment and care of specimens 
during transport, it is the intended use of the specimen, including the 
purpose of the export, that must not be for primarily commercial 
purposes.
    (6) We will conduct an assessment of factors listed in paragraph (d) 
of this section. For activities involving an anticipated measurable 
increase in revenue and other economic value associated with the 
intended use, we will conduct an analysis as described in paragraph (e) 
of this section.
    (7) All net profits generated in the United States from activities 
associated with the import of an Appendix-I species must be used for 
conservation of that species.
    (c) Examples. The following are examples of types of transactions in 
which the noncommercial aspects of the intended use of the specimen may 
predominate depending on the facts of

[[Page 169]]

each situation. The discussions of each example provide further guidance 
in assessing the actual degree of commerciality on a case-by-case basis. 
These examples outline circumstances commonly encountered and do not 
cover all situations where import or introduction from the sea could be 
found to be not for primarily commercial purposes.
    (1) Personal use. Import or introduction from the sea of an 
Appendix-I specimen for personal use generally is considered to be not 
for primarily commercial purposes. An example is the import of a 
personal sport-hunted trophy by the person who hunted the wildlife for 
display in his or her own home.
    (2) Scientific purposes. The import or introduction from the sea of 
an Appendix-I specimen by a scientist or scientific institution may be 
permitted in situations where resale, commercial exchange, or exhibit of 
the specimen for economic benefit is not the primary intended use.
    (3) Conservation, education, or training. Generally an Appendix-I 
specimen may be imported or introduced from the sea by government 
agencies or nonprofit institutions for purposes of conservation, 
education, or training. For example, a specimen could be imported or 
introduced from the sea primarily to train customs staff in effective 
CITES control, such as for identification of certain types of specimens.
    (4) Biomedical industry. Import or introduction from the sea of an 
Appendix-I specimen by an institution or company in the biomedical 
industry is initially presumed to be commercial since specimens are 
typically imported or introduced from the sea to develop and sell 
products that promote public health for profit. However, if the importer 
clearly shows that the sale of products is only incidental to public 
health research and not for the primary purpose of economic benefit or 
profit, then such an import or introduction from the sea could be 
considered as scientific research under paragraph (c)(2) of this section 
if the principles of paragraph (b) of this section are met.
    (5) Captive-breeding or artificial propagation programs. The import 
of an Appendix-I specimen for purposes of establishing a commercial 
operation for breeding or artificial propagation is considered to be for 
primarily commercial purposes. As a general rule, import or introduction 
from the sea of an Appendix-I specimen for a captive-breeding or 
artificial propagation program must have as a priority the long-term 
protection and recovery of the species in the wild. The captive-breeding 
or artificial propagation program must be part of a program aimed at the 
recovery of the species in the wild and be undertaken with the support 
of a country within the species' native range. Any profit gained must be 
used to support this recovery program. If a captive-breeding or 
artificial propagation operation plans to sell surplus specimens to help 
offset the costs of its program, import or introduction from the sea 
would be allowed only if any profit would be used to support the 
captive-breeding or artificial propagation program to the benefit of the 
Appendix-I species, not for the personal economic benefit of a private 
individual or share-holder.
    (6) Professional dealers. Import or introduction from the sea by a 
professional dealer who states a general intention to eventually sell 
the specimen or its offspring to an undetermined recipient would be 
considered to be for primarily commercial purposes. However, import or 
introduction from the sea through a professional dealer by a qualified 
applicant may be acceptable if the ultimate intended use would be for 
one of the purposes set out in paragraphs (c)(2), (3), and (5) of this 
section and where a binding contract, conditioned on the issuing of 
permits, is in place.
    (d) Risk assessment. We review the factors listed in this paragraph 
(d) to assess the level of scrutiny and amount of information we need to 
make a finding of whether the intended use of the specimen is not for 
primarily commercial purposes. We give less scrutiny and require less 
detailed information when the import or introduction from the sea poses 
a low risk of being primarily commercial, and give more scrutiny and 
require more detailed information when the proposed activity poses 
greater risk. We consider the cumulative risks, recognizing that each 
aspect of

[[Page 170]]

the international trade has a continuum of risk from high to low 
associated with it as follows:
    (1) Type of importer: From for-profit entity to private individual 
to nonprofit entity.
    (2) Ability of the proposed uses to generate revenue: From the 
ability to generate measurable increases in revenue or other economic 
value to no anticipated increases in revenue or other economic value.
    (3) Appeal of the species: From high public appeal to low public 
appeal.
    (4) Occurrence of the species in the United States: From uncommon to 
common in a controlled environment in the United States.
    (5) Intended use of offspring: From commercial to noncommercial.
    (e) Analysis of anticipated revenues and other economic value. We 
will analyze revenues and other economic value anticipated to result 
from the use of the specimen for activities with a high risk of being 
primarily commercial.
    (1) We will examine the proposed use of any net profits generated in 
the United States. We consider net profit to include all funds or other 
valuable considerations (including enhanced value of common stock 
shares) received or attained by you or those affiliated with you as a 
result of the import or introduction from the sea, to the extent that 
such funds or other valuable considerations exceed the reasonable 
expenses that are properly attributable to the proposed activity.
    (2) We will consider any conservation project to be funded and, if 
the species was or is to be taken from the wild, how the project 
benefits the species in its native range, including agreements, 
timeframes for accomplishing tasks, and anticipated benefits to the 
species.
    (3) We will consider any plans to monitor a proposed conservation 
project, including expenditure of funds or completion of tasks.
    (4) In rare cases involving unusually high net profits, we will 
require the applicant to provide a detailed analysis of expected revenue 
(both direct and indirect) and expenses to show anticipated net profit, 
and a statement from a licensed, independent certified public accountant 
that the internal accounting system is sufficient to account for and 
track funds generated by the proposed activities.



Sec. 23.63  What factors are considered in making a finding that an

animal is bred in captivity?

    (a) Purpose. Article VII(4) and (5) of the Treaty provide exemptions 
that allow for the special treatment of wildlife that was bred in 
captivity (see Sec. Sec. 23.41 and 23.46).
    (b) Definitions. The following terms apply when determining whether 
specimens qualify as ``bred in captivity'':
    (1) A controlled environment means one that is actively manipulated 
for the purpose of producing specimens of a particular species; that has 
boundaries designed to prevent specimens, including eggs or gametes, 
from entering or leaving the controlled environment; and has general 
characteristics that may include artificial housing, waste removal, 
provision of veterinary care, protection from predators, and 
artificially supplied food.
    (2) Breeding stock means an ensemble of captive wildlife used for 
reproduction.
    (c) Bred-in-captivity criteria. For a specimen to qualify as bred in 
captivity, we must be satisfied that all the following criteria are met:
    (1) If reproduction is sexual, the specimen was born to parents that 
either mated or transferred gametes in a controlled environment.
    (2) If reproduction is asexual, the parent was in a controlled 
environment when development of the offspring began.
    (3) The breeding stock meets all of the following criteria:
    (i) Was established in accordance with the provisions of CITES and 
relevant national laws.
    (ii) Was established in a manner not detrimental to the survival of 
the species in the wild.
    (iii) Is maintained with only occasional introduction of wild 
specimens as provided in paragraph (d) of this section.
    (iv) Has consistently produced offspring of second or subsequent 
generations in a controlled environment, or is

[[Page 171]]

managed in a way that has been demonstrated to be capable of reliably 
producing second-generation offspring and has produced first-generation 
offspring.
    (d) Addition of wild specimens. A very limited number of wild 
specimens (including eggs or gametes) may be introduced into a breeding 
stock if all of the following conditions are met (for Appendix-I 
specimens see also Sec. 23.46(b)(12)):
    (1) The specimens were acquired in accordance with the provisions of 
CITES and relevant national laws.
    (2) The specimens were acquired in a manner not detrimental to the 
survival of the species in the wild.
    (3) The specimens were added either to prevent or alleviate 
deleterious inbreeding, with the number of specimens added as determined 
by the need for new genetic material, or to dispose of confiscated 
animals.



Sec. 23.64  What factors are considered in making a finding that a

plant is artificially propagated?

    (a) Purpose. Article VII(4) and (5) of the Treaty provide exemptions 
that allow for special treatment of plants that were artificially 
propagated (see Sec. Sec. 23.40 and 23.47).
    (b) Definitions. The following terms apply when determining whether 
specimens qualify as ``artificially propagated'':
    (1) Controlled conditions means a nonnatural environment that is 
intensively manipulated by human intervention for the purpose of plant 
production. General characteristics of controlled conditions may 
include, but are not limited to, tillage, fertilization, weed and pest 
control, irrigation, or nursery operations such as potting, bedding, or 
protection from weather.
    (2) Cultivated parental stock means the ensemble of plants grown 
under controlled conditions that are used for reproduction.
    (c) Artificially propagated criteria. Except as provided in 
paragraphs (f) and (g) of this section, for a plant specimen to qualify 
as artificially propagated, we must be satisfied that the plant specimen 
was grown under controlled conditions from a seed, cutting, division, 
callus tissue, other plant tissue, spore, or other propagule that either 
is exempt from the provisions of CITES or has been derived from 
cultivated parental stock. The cultivated parental stock must meet all 
of the following criteria:
    (1) Was established in accordance with the provisions of CITES and 
relevant national laws.
    (2) Was established in a manner not detrimental to the survival of 
the species in the wild.
    (3) Is maintained in sufficient quantities for propagation so as to 
minimize or eliminate the need for augmentation from the wild, with such 
augmentation occurring only as an exception and limited to the amount 
necessary to maintain the vigor and productivity of the cultivated 
parental stock.
    (d) Cutting or division. A plant grown from a cutting or division is 
considered to be artificially propagated only if the traded specimen 
does not contain any material collected from the wild.
    (e) Grafted plant. A grafted plant is artificially propagated only 
when both the rootstock and the material grafted to it have been taken 
from specimens that were artificially propagated in accordance with 
paragraph (c) of this section. A grafted specimen that consists of taxa 
from different Appendices is treated as a specimen of the taxon listed 
in the more restrictive Appendix.
    (f) Timber. Timber taken from trees planted and grown in a 
monospecific plantation is considered artificially propagated if the 
seeds or other propagules from which the trees are grown were legally 
acquired and obtained in a non-detrimental manner.
    (g) Exception for certain plant specimens grown from wild-collected 
seeds or spores. Plant specimens grown from wild-collected seeds or 
spores may be considered artificially propagated only when all of the 
following conditions have been met:
    (1) Establishment of a cultivated parental stock for the taxon 
presents significant difficulties because specimens take a long time to 
reach reproductive age.
    (2) The seeds or spores are collected from the wild and grown under 
controlled conditions within a range country, which must also be the 
country of origin of the seeds or spores.

[[Page 172]]

    (3) The Management Authority of the range country has determined 
that the collection of seeds or spores was legal and consistent with 
relevant national laws for the protection and conservation of the 
species.
    (4) The Scientific Authority of the range country has determined 
that collection of the seeds or spores was not detrimental to the 
survival of the species in the wild, and allowing trade in such 
specimens has a positive effect on the conservation of wild populations. 
In making these determinations, all of the following conditions must be 
met:
    (i) The collection of seeds or spores for this purpose must be 
limited in such a manner as to allow regeneration of the wild 
population.
    (ii) A portion of the plants produced must be used to establish 
plantations to serve as cultivated parental stock in the future and 
become an additional source of seeds or spores and thus reduce or 
eliminate the need to collect seeds from the wild.
    (iii) A portion of the plants produced must be used for replanting 
in the wild, to enhance recovery of existing populations or to re-
establish populations that have been extirpated.
    (5) Operations propagating Appendix-I species for commercial 
purposes must be registered with the CITES Secretariat in accordance 
with the Guidelines for the registration of nurseries exporting 
artificially propagated specimens of Appendix-I species.



Sec. 23.65  What factors are considered in making a finding that an

applicant is suitably equipped to house and care for a live specimen?

    (a) Purpose. Under Article III(3)(b) and (5)(b) of the Treaty, an 
import permit or introduction-from-the-sea certificate for live 
Appendix-I specimens can be issued only if we are satisfied that the 
recipients are suitably equipped to house and care for them.
    (b) General principles. We will follow these general principles in 
making a decision on whether an applicant has facilities that would 
provide proper housing to maintain the specimens for the intended 
purpose and the expertise to provide proper care and husbandry or 
horticultural practices.
    (1) All persons who would be receiving a specimen must be identified 
in an application and their facilities approved by us, including persons 
who are likely to receive a specimen within 1 year after it arrives in 
the United States.
    (2) The applicant must provide sufficient information for us to make 
a finding, including, but not limited to, a description of the facility, 
photographs, or construction plans, and resumes of the recipient or 
staff who will care for the specimen.
    (3) We use the best available information on the requirements of the 
species in making a decision and will consult with experts and other 
Federal and State agencies, as necessary and appropriate.
    (4) The degree of scrutiny that we give an application is based on 
the biological and husbandry or horticultural needs of the species.
    (c) Specific factors considered for wildlife. In addition to the 
general provisions in paragraph (e) of this section, we consider the 
following factors in evaluating suitable housing and care for wildlife:
    (1) Enclosures constructed and maintained so as to provide 
sufficient space to allow each animal to make normal postural and social 
adjustments with adequate freedom of movement. Inadequate space may be 
indicated by evidence of malnutrition, poor condition, debility, stress, 
or abnormal behavior patterns.
    (2) Appropriate forms of environmental enrichment, such as nesting 
material, perches, climbing apparatus, ground substrate, or other 
species-specific materials or objects.
    (3) If the wildlife is on public display, an off-exhibit area, 
consisting of indoor and outdoor accommodations, as appropriate, that 
can house the wildlife on a long-term basis if necessary.
    (4) Provision of water and nutritious food of a nature and in a way 
that are appropriate for the species.
    (5) Staff who are trained and experienced in providing proper daily 
care and maintenance for the species being imported or introduced from 
the sea, or for a closely related species.
    (6) Readily available veterinary care or veterinary staff 
experienced with

[[Page 173]]

the species or a closely related species, including emergency care.
    (d) Specific factors considered for plants. In addition to the 
general provisions in paragraph (e) of the section, we consider the 
following factors in evaluating suitable housing and care for plants:
    (1) Sufficient space, appropriate lighting, and other environmental 
conditions that will ensure proper growth.
    (2) Ability to provide appropriate culture, such as water, 
fertilizer, and pest and disease control.
    (3) Staff with experience with the imported species or related 
species with similar horticultural requirements.
    (e) General factors considered for wildlife and plants. In addition 
to the specific provisions in paragraphs (c) or (d) of this section, we 
will consider the following factors in evaluating suitable housing and 
care for wildlife and plants:
    (1) Adequate enclosures or holding areas to prevent escape or 
unplanned exchange of genetic material with specimens of the same or 
different species outside the facility.
    (2) Appropriate security to prevent theft of specimens and measures 
taken to rectify any previous theft or security problem.
    (3) A reasonable survival rate of specimens of the same species or, 
alternatively, closely related species at the facility, mortalities for 
the previous 3 years, significant injuries to wildlife or damage to 
plants, occurrence of significant disease outbreaks during the previous 
3 years, and measures taken to prevent similar mortalities, injuries, 
damage, or diseases. Significant injuries, damage, or disease outbreaks 
are those that are permanently debilitating or re-occurring.
    (4) Sufficient funding on a long-term basis to cover the cost of 
maintaining the facility and the specimens imported.
    (f) Incomplete facilities or insufficient staff. For applications 
submitted to us before the facilities to hold the specimen are completed 
or the staff is identified or properly trained, we will:
    (1) Review all available information, including construction plans 
or intended staffing, and make a finding based on this information.
    (2) Place a condition on any permit that the import cannot occur 
until the facility has been completed or the staff hired and trained, 
and approved by us.



           Subpart E_International Trade in Certain Specimens



Sec. 23.68  How can I trade internationally in roots of American ginseng?

    (a) U.S. and foreign general provisions. Whole plants and roots 
(whole, sliced, and parts, excluding manufactured parts, products, and 
derivatives, such as powders, pills, extracts, tonics, teas, and 
confectionery) of American ginseng (Panax quinquefolius), whether wild 
or artificially propagated, are included in Appendix II. Cultivated 
American ginseng that does not meet the requirements of artificially 
propagated will be considered wild for export and re-export purposes. 
The import, export, or re-export of ginseng roots must meet the 
requirements of this section and other requirements of this part (see 
subparts B and C for prohibitions and application procedures). For 
specimens that were harvested from a State or Tribe without an approved 
CITES export program, see Sec. 23.36 for export permits and Sec. 23.37 
for re-export certificates.
    (b) Export approval of State and tribal programs. States and Tribes 
set up and maintain ginseng management and harvest programs designed to 
monitor and protect American ginseng from over-harvest. When a State or 
Tribe with a management program provides us with the necessary 
information, we make programmatic findings and have specific 
requirements that allow export under CITES. For wild ginseng, a State or 
Tribe must provide sufficient information for us to determine that its 
management program and harvest controls are appropriate to ensure that 
ginseng harvested within its jurisdiction is legally acquired and that 
export will not be detrimental to the survival of the species in the 
wild. For artificially propagated ginseng, a State or Tribe must provide 
sufficient information for us to determine that ginseng grown within its 
jurisdiction meets the definition of artificially propagated and the 
State or Tribe must have procedures in place to minimize the risk

[[Page 174]]

that the roots of wild-collected plants would be claimed as artificially 
propagated.
    (1) A State or Tribe seeking initial CITES export program approval 
for wild or artificially propagated American ginseng must submit the 
following information on the adoption and implementation of regulatory 
measures to the U.S. Management Authority:
    (i) Laws or regulations mandating licensing or registration of 
persons buying and selling ginseng in that State or on tribal lands.
    (ii) A requirement that ginseng dealers maintain records and provide 
copies of those records to the appropriate State or tribal management 
agency upon request. Dealer records must contain: the name and address 
of the ginseng seller, date of transaction, whether the ginseng is wild 
or artificially propagated and dried or green at time of transaction, 
weight of roots, State or Tribe of origin of roots, and identification 
numbers of the State or tribal certificates used to ship ginseng from 
the State or Tribe of origin.
    (iii) A requirement that State or tribal personnel will inspect 
roots, ensure legal harvest, and have the ability to determine the age 
of roots of all wild-collected ginseng harvested in the State or on 
tribal lands. State or tribal personnel may accept a declaration 
statement by the licensed or registered dealer or grower that the 
ginseng roots are artificially propagated.
    (iv) A requirement that State or tribal personnel will weigh ginseng 
roots unsold by March 31 of the year after harvest and give a weight 
receipt to the owner of the roots. Future export certification of this 
stock must be issued against the weight receipt.
    (v) A requirement that State or tribal personnel will issue 
certificates for wild and artificially propagated ginseng. These 
certificates must contain at a minimum:
    (A) State of origin.
    (B) Serial number of certificate.
    (C) Dealer's State or tribal license or registration number.
    (D) Dealer's shipment number for that harvest season.
    (E) Year of harvest of ginseng being certified.
    (F) Designation as wild or artificially propagated.
    (G) Designation as dried or fresh (green) roots.
    (H) Weight of roots.
    (I) Statement of State or tribal certifying official verifying that 
the ginseng was obtained in that State or on those tribal lands in 
accordance with all relevant laws for that harvest year.
    (J) Name and title of State or tribal certifying official.
    (2) In addition, a State or Tribe seeking initial CITES export 
program approval for wild American ginseng must submit the following 
information to the U.S. Management Authority:
    (i) An assessment of the condition of the population and trends, 
including a description of the types of information on which the 
assessment is based, such as an analysis of population demographics; 
population models; or analysis of past harvest levels or indices of 
abundance independent of harvest information, such as field surveys.
    (ii) Historic, present, and potential distribution of wild ginseng 
on a county-by-county basis.
    (iii) Phenology of ginseng, including flowering and fruiting 
periods.
    (iv) Habitat evaluation.
    (v) If available, copies of any ginseng management or monitoring 
plans or other relevant reports that the State or Tribe has prepared as 
part of its existing management program.
    (3) A State or Tribe with an approved CITES export program must 
complete Form 3-200-61 and submit it to the U.S. Management Authority by 
May 31 of each year to provide information on the previous harvest 
season.
    (c) U.S. application process. Application forms and a list of States 
and Tribes with approved ginseng programs can be obtained from our 
website or by contacting us (see Sec. 23.7).
    (1) To export wild or artificially propagated ginseng harvested 
under an approved State or tribal program, complete Form 3-200-34 or 
Form 3-200-74 for additional single-use permits under an annual program 
file.
    (2) To export wild ginseng harvested from a State or Tribe that does 
not have an approved program, complete Form 3-200-32. To export 
artificially propagated ginseng from a State or

[[Page 175]]

Tribe that does not have an approved program, complete Form 3-200-33.
    (3) To re-export ginseng, complete Form 3-200-32.
    (4) For information on issuance criteria for CITES documents, see 
Sec. 23.36 for export permits, Sec. 23.37 for re-export certificates, 
and Sec. 23.40 for certificates for artificially propagated plants.
    (d) Conditions for export. Upon export, roots must be accompanied by 
a State or tribal certificate containing the information specified in 
paragraph (b)(1)(v) of this section.



Sec. 23.69  How can I trade internationally in fur skins and fur skin

products of bobcat, river otter, Canada lynx, gray wolf, and brown bear?

    (a) U.S. and foreign general provisions. For purposes of this 
section, CITES furbearers means bobcat (Lynx rufus), river otter (Lontra 
canadensis), and Canada lynx (Lynx canadensis), and the Alaskan 
populations of gray wolf (Canis lupus), and brown bear (Ursus arctos). 
These species are included in Appendix II based on Article II(2)(b) of 
the Treaty (see Sec. 23.89). The import, export, or re-export of fur 
skins and fur skin products must meet the requirements of this section 
and the other requirements of this part (see subparts B and C for 
prohibitions and application procedures). For specimens that were 
harvested from a State or Tribe without an approved CITES export 
program, see Sec. 23.36 for export permits and Sec. 23.37 for re-export 
certificates.
    (b) Export approval of State and tribal programs. States and Tribes 
set up and maintain management and harvest programs designed to monitor 
and protect CITES furbearers from over-harvest. When a State or Tribe 
with a management program provides us with the necessary information, we 
make programmatic findings and have specific requirements that allow 
export under CITES. A State or Tribe must provide sufficient information 
for us to determine that its management program and harvest controls are 
appropriate to ensure that CITES furbearers harvested within its 
jurisdiction are legally acquired and that export will not be 
detrimental to the survival of the species in the wild.
    (1) A State or Tribe seeking initial CITES export program approval 
must submit the following information to the U.S. Management Authority, 
except as provided in paragraph (b)(2) of this section:
    (i) An assessment of the condition of the population and a 
description of the types of information on which the assessment is 
based, such as an analysis of carcass demographics, population models, 
analysis of past harvest levels as a function of fur prices or trapper 
effort, or indices of abundance independent of harvest information, such 
as scent station surveys, archer surveys, camera traps, track or scat 
surveys, or road kill counts.
    (ii) Current harvest control measures, including laws regulating 
harvest seasons and methods.
    (iii) Total allowable harvest of the species.
    (iv) Distribution of harvest.
    (v) Indication of how frequently harvest levels are evaluated.
    (vi) Tagging or marking requirements for fur skins.
    (vii) Habitat evaluation.
    (viii) If available, copies of any furbearer management plans or 
other relevant reports that the State or Tribe has prepared as part of 
its existing management program.
    (2) If the U.S. Scientific Authority has made a range-wide non-
detriment finding for a species, a State or Tribe seeking initial 
approval for a CITES export program for that species need only submit 
the information in (b)(1)(ii) and (vi) of this section.
    (3) A State or Tribe with an approved CITES export program must 
submit a CITES furbearer activity report to the U.S. Management 
Authority by October 31 of each year that provides information as to 
whether or not the population status or management of the species has 
changed within the State or tribal lands. This report may reference 
information provided in previous years if the information has not 
changed. Except as provided in paragraph (b)(4) of this section, a 
furbearer activity report should include, at a minimum, the following:
    (i) For each species, the number of specimens taken and the number 
of animals tagged, if different.

[[Page 176]]

    (ii) An assessment of the condition of the population, including 
trends, and a description of the types of information on which the 
assessment is based. If population levels are decreasing, the activity 
report should include the State or Tribe's professional assessment of 
the reason for the decline and any steps being taken to address it.
    (iii) Information on, and a copy of, any changes in laws or 
regulations affecting these species.
    (iv) If available, copies of relevant reports that the State or 
Tribe has prepared during the year in question as part of its existing 
management programs for CITES furbearers.
    (4) When the U.S. Scientific Authority has made a range-wide non-
detriment finding for a species, the annual furbearer activity report 
from a State or Tribe with an approved export program for that species 
should include, at a minimum, a statement indicating whether or not the 
status of the species has changed and the information in paragraph 
(b)(3)(iii) and (iv) of this section. Range-wide non-detriment findings 
will be re-evaluated at least every 5 years, or sooner if information 
indicates that there has been a change in the status or management of 
the species that might lead to different treatment of the species. When 
a range-wide non-detriment finding is re-evaluated, States and Tribes 
with an approved export program for the species must submit information 
that allows us to determine whether our finding remains valid.
    (c) CITES tags. Unless an alternative method has been approved, each 
CITES fur skin to be exported or re-exported must have a U.S. CITES tag 
permanently attached.
    (1) The tag must be inserted through the skin and permanently locked 
in place using the locking mechanism of the tag.
    (2) The legend on the CITES tag must include the US-CITES logo, an 
abbreviation for the State or Tribe of harvest, a standard species code 
assigned by the Management Authority, and a unique serial number.
    (3) Fur skins with broken, cut, or missing tags may not be exported. 
Replacement tags must be obtained before the furs are presented for 
export or re-export. To obtain a replacement tag, either from the State 
or Tribe that issued the original tag or from us, you must provide 
information to show that the fur was legally acquired.
    (i) When a tag is broken, cut, or missing, you may contact the State 
or Tribe of harvest for a replacement tag. If the State or Tribe cannot 
replace it, you may apply to FWS Law Enforcement for a replacement tag. 
If the tag is broken or cut, you must give us the tag. If the tag is 
missing, you must provide details concerning how the tag was lost. If we 
are satisfied that the fur was legally acquired, we will provide a CITES 
replacement tag.
    (ii) A replacement tag must meet all of the requirements in 
paragraph (c) of this section, except the legend will include only the 
US-CITES logo, FWS-REPL, and a unique serial number.
    (4) Tags are not required on fur skin products.
    (d) Documentation requirements. The U.S. CITES export permit or an 
annex attached to the permit must contain all information that is given 
on the tag.
    (e) U.S. application process. Application forms and a list of States 
and Tribes with approved furbearer programs can be obtained from our 
website or by contacting us (see Sec. 23.7).
    (1) To export fur skins taken under an approved State or tribal 
program, complete Form 3-200-26 and submit it to either FWS Law 
Enforcement or the U.S. Management Authority.
    (2) To export fur skins that were not harvested under an approved 
program, complete Form 3-200-27 and submit it to the U.S. Management 
Authority.
    (3) To re-export fur skins, complete Form 3-200-73 and submit it 
either to FWS Law Enforcement or the U.S. Management Authority.
    (4) For information on issuance criteria for CITES documents, see 
Sec. 23.36 for export permits and Sec. 23.37 for re-export 
certificates.
    (f) Conditions for export. Upon export, each fur skin, other than a 
fur skin product, must be clearly identified in accordance with 
paragraph (c) of this section.

[[Page 177]]



Sec. 23.70  How can I trade internationally in American alligator and

other crocodilian skins, parts, and products?

    (a) U.S. and foreign general provisions. For the purposes of this 
section, crocodilian means all species of alligator, caiman, crocodile, 
and gavial of the order Crocodylia. The import, export, or re-export of 
any crocodilian skins, parts, or products must meet the requirements of 
this section and the other requirements of this part (see subparts B and 
C for prohibitions and application procedures). For American alligator 
(Alligator mississippiensis) specimens harvested from a State or Tribe 
without an approved CITES export program, see Sec. 23.36 for export 
permits and Sec. 23.37 for re-export certificates.
    (b) Definitions. Terms used in this section are defined as follows:
    (1) Crocodilian skins means whole or partial skins, flanks, 
chalecos, and bellies (including those that are salted, crusted, tanned, 
partially tanned, or otherwise processed), including skins of sport-
hunted trophies.
    (2) Crocodilian parts means body parts with or without skin attached 
(including tails, throats, feet, meat, skulls, and other parts) and 
small cut skin pieces.
    (c) Export approval of State and tribal programs for American 
alligator. States and Tribes set up and maintain management and harvest 
programs designed to monitor and protect American alligators from over-
harvest. When a State or Tribe with a management program provides us 
with the necessary information, we make programmatic findings and have 
specific requirements that allow export under CITES. A State or Tribe 
must provide sufficient information for us to determine that its 
management program and harvest controls are appropriate to ensure that 
alligators harvested within its jurisdiction are legally acquired and 
that the export will not be detrimental to the survival of the species 
in the wild.
    (1) A State or Tribe seeking initial CITES export program approval 
must submit the following to the U.S. Management Authority:
    (i) An assessment of the condition of the wild population and a 
description of the types of information on which the assessment is 
based, such as an analysis of carcass demographics, population models, 
analysis of past harvest levels as a function of skin prices or 
harvester effort, or indices of abundance independent of harvest 
information, such as nest surveys, spotlighting surveys, or nuisance 
complaints.
    (ii) Current harvest control measures, including laws regulating 
harvest seasons and methods.
    (iii) Total allowable harvest of the species.
    (iv) Distribution of harvest.
    (v) Indication of how frequently harvest levels are evaluated.
    (vi) Tagging or marking requirements for skins and parts.
    (vii) Habitat evaluation.
    (viii) Information on nuisance alligator management programs.
    (ix) Information on alligator farming programs, including whether 
collecting and rearing of eggs or hatchlings is allowed, what factors 
are used to set harvest levels, and whether any alligators are returned 
to the wild.
    (x) If available, copies of any alligator management plans or other 
relevant reports for American alligator that the State or Tribe has 
prepared as part of its existing management program.
    (2) A State or Tribe with an approved CITES export program must 
submit an American alligator activity report to the U.S. Management 
Authority by July 1 of each year to provide information regarding 
harvests during the previous year. This report may reference information 
provided in previous years if the information has not changed. An 
American alligator activity report, at a minimum, should include the 
following:
    (i) The total number of skins from wild or farmed alligators that 
were tagged by the State or Tribe.
    (ii) An assessment of the status of the alligator population with an 
indication of whether the population is stable, increasing, or 
decreasing, and at what rate (if known). If population levels are 
decreasing, activity reports should include the State or Tribe's 
professional assessment of the reason for

[[Page 178]]

the decline and any steps being taken to address it.
    (iii) For wild alligators, information on harvest, including harvest 
of nuisance alligators, methods used to determine harvest levels, 
demographics of the harvest, and methods used to determine the total 
number and population trends of alligators in the wild.
    (iv) For farmed alligators, information on whether collecting and 
rearing of eggs or hatchlings is allowed, what factors are used to set 
harvest levels, and whether any alligators are returned to the wild.
    (v) Information on, and a copy of, any changes in laws or 
regulations affecting the American alligator.
    (vi) If available, copies of relevant reports that the State or 
Tribe has prepared during the reporting period as part of its existing 
management program for the American alligator.
    (3) We provide CITES export tags to States and Tribes with approved 
CITES export programs. American alligator skins and parts must meet the 
marking and tagging requirements of paragraphs (d), (e), and (f) of this 
section.
    (d) Tagging of crocodilian skins. You may import, export, or re-
export any crocodilian skin only if a non-reusable tag is inserted 
though the skin and locked in place using the locking mechanism of the 
tag. A mounted sport-hunted trophy must be accompanied by the tag from 
the skin used to make the mount.
    (1) Except as provided for a replacement tag in paragraph (d)(3)(ii) 
of this section, the tag must:
    (i) Be self-locking, heat resistant, and inert to chemical and 
mechanical processes.
    (ii) Be permanently stamped with the two-letter ISO code for the 
country of origin, a unique serial number, a standardized species code 
(available on our website; see Sec. 23.7), and the year of production 
or harvest. For American alligator, the export tags include the US-CITES 
logo, an abbreviation for the State or Tribe of harvest, a standard 
species code (MIS = Alligator mississippiensis), the year of taking, and 
a unique serial number.
    (iii) If the year of production or harvest and serial number appear 
next to each other on a tag, the information should be separated by a 
hyphen.
    (2) Skins and flanks must be individually tagged, and chalecos must 
have a tag attached to each flank.
    (3) Skins with broken, cut, or missing tags may not be exported. 
Replacement tags must be obtained before the skins are presented for 
import, export, or re-export. To obtain a replacement tag, either from 
the State or Tribe of harvest (for American alligator) or from us, you 
must provide information to show that the skin was legally acquired.
    (i) In the United States, when an American alligator tag is broken, 
cut, or missing, you may contact the State or Tribe of harvest for a 
replacement tag. If the State or Tribe cannot replace it, you may apply 
to FWS Law Enforcement for a replacement tag. To obtain replacement tags 
for crocodilian skins other than American alligator in the United 
States, contact FWS Law Enforcement. If the tag is broken or cut, you 
must give us the tag. If the tag is missing, you must provide details 
concerning how the tag was lost. If we are satisfied that the skin was 
legally acquired, we will provide a CITES replacement tag.
    (ii) A replacement tag must meet all of the requirements in 
paragraph (d)(1) of this section except that the species code and year 
of production or harvest will not be required, and for re-exports the 
country of re-export must be shown in place of the country of origin. In 
the United States, the legend will include the US-CITES logo, FWS-REPL, 
and a unique serial number.
    (e) Meat and skulls. Except for American alligator, you may import, 
export, or re-export crocodilian meat and skulls without tags or 
markings. American alligator meat and skulls may be imported, exported, 
or re-exported if packaged and marked or tagged in accordance with State 
or tribal laws as follows:
    (1) Meat from legally harvested and tagged alligators must be packed 
in permanently sealed containers and labeled as required by State or 
tribal laws or regulations. Bulk meat containers must be marked with any 
required State or tribal parts tag or bulk

[[Page 179]]

meat tag permanently attached and indicating, at a minimum, State or 
Tribe of origin, year of take, species, original U.S. CITES tag number 
for the corresponding skin, weight of meat in the container, and 
identification of State-licensed processor or packer.
    (2) Each American alligator skull must be marked as required by 
State or tribal law or regulation. This marking must include, at a 
minimum, reference to the corresponding U.S. CITES tag number on the 
skin.
    (f) Tagging or labeling of crocodilian parts other than meat and 
skulls. You may import, export, or re-export crocodilian parts other 
than meat and skulls when the following conditions are met:
    (1) Parts must be packed in transparent sealed containers.
    (2) Containers must be clearly marked with a non-reusable parts tag 
or label that includes all of the information in paragraph (d)(1)(ii) of 
this section and a description of the contents, the total weight 
(contents and container), and the number of the CITES document.
    (3) Tags are not required on crocodilian products.
    (4) Tags are not required on scientific specimens except as required 
in paragraphs (d) and (e) of this section.
    (g) Documentation requirements. The CITES document or an annex 
attached to the document must contain all information that is given on 
the tag or label.
    (h) U.S. application process. Application forms and a list of States 
and Tribes with approved American alligator programs can be obtained 
from our website or by contacting us (see Sec. 23.7).
    (1) To export American alligator specimens taken under an approved 
State or tribal program, complete Form 3-200-26 and submit it to either 
FWS Law Enforcement or the U.S. Management Authority.
    (2) To export American alligator specimens that are not from an 
approved program, complete Form 3-200-27 and submit it to the U.S. 
Management Authority.
    (3) For information on issuance criteria for CITES documents, see 
Sec. 23.36 for export permits and Sec. 23.37 for re-export 
certificates.
    (i) Conditions for import, export, or re-export. Upon import, 
export, or re-export, each crocodilian specimen must meet the applicable 
tagging requirements in paragraphs (d), (e), and (f) of this section.



Sec. 23.71  How can I trade internationally in sturgeon caviar?

    (a) U.S. and foreign general provisions. For the purposes of this 
section, sturgeon caviar means the processed roe of any species of 
sturgeon, including paddlefish (Order Acipenseriformes). The import, 
export, or re-export of sturgeon caviar must meet the requirements of 
this section and the other requirements of this part (see subparts B and 
C for prohibitions and application procedures).
    (b) Labeling. You may import, export, or re-export sturgeon caviar 
only if labels are affixed to containers prior to export or re-export in 
accordance with this paragraph.
    (1) The following definitions apply to caviar labeling:
    (i) Non-reusable label means any label or mark that cannot be 
removed without being damaged or transferred to another container.
    (ii) Primary container means any container in direct contact with 
the caviar.
    (iii) Secondary container means the receptacle into which primary 
containers are placed.
    (iv) Processing plant means a facility in the country of origin 
responsible for the first packaging of caviar into a primary container.
    (v) Repackaging plant means a facility responsible for receiving and 
repackaging caviar into new primary containers.
    (vi) Lot identification number means a number that corresponds to 
information related to the caviar tracking system used by the processing 
plant or repackaging plant.
    (2) The caviar-processing plant in the country of origin must affix 
a non-reusable label on the primary container that includes all of the 
following information:
    (i) Standardized species code; for hybrids, the species code for the 
male is followed by the code for the female and the codes are separated 
by an ``x''

[[Page 180]]

(codes are available on our website; see Sec. 23.7).
    (ii) Source code.
    (iii) Two-letter ISO code of the country of origin.
    (iv) Year of harvest.
    (v) Processing plant code and lot identification number.
    (3) If caviar is repackaged before export or re-export, the 
repackaging plant must affix a non-reusable label to the primary 
container that includes all of the following information:
    (i) The standardized species code, source code, and two-letter ISO 
code of the country of origin.
    (ii) Year of repackaging and the repackaging plant code, which 
incorporates the two-letter ISO code for the repackaging country if 
different from the country of origin.
    (iii) Lot identification number or CITES document number.
    (4) The exact quantity of caviar must be indicated on any secondary 
container along with a description of the contents in accordance with 
international customs regulations.
    (c) Documentation requirements. Unless the sturgeon caviar qualifies 
as a personal or household effect under Sec. 23.15, the CITES document 
or an annex attached to the document must contain all information that 
is given on the label. The exact quantity of each species of caviar must 
be indicated on the CITES document.
    (d) Export quotas. Commercial shipments of sturgeon caviar from 
stocks shared between different countries may be imported only if all of 
the following conditions have been met:
    (1) The relevant countries have established annual export quotas for 
the shared stocks that were derived from catch quotas agreed among the 
countries and based on an appropriate regional conservation strategy and 
monitoring regime.
    (2) The quotas have been communicated to the CITES Secretariat and 
the Secretariat has confirmed that the quotas have been agreed by all 
relevant countries.
    (3) The CITES Secretariat has communicated these annual quotas to 
CITES Parties.
    (4) The caviar is exported during the calendar year in which it was 
harvested and processed.
    (e) Re-exports. Any re-export of sturgeon caviar must occur within 
18 months from the date of issuance of the original export permit.
    (f) Pre-Convention. Sturgeon caviar may not be imported, exported, 
or re-exported under a pre-Convention certificate.
    (g) Mixed caviar. Caviar and caviar products that consist of roe 
from more than one species may only be imported into or exported from 
the United States if the exact quantity of roe from each species is 
known and is indicated on the CITES document.
    (h) U.S. application forms. Application forms can be obtained from 
our website or by contacting us (see Sec. 23.7). For CITES document 
requirements, see Sec. 23.36 for export permits and Sec. 23.37 for re-
export certificates. For export, complete Form 3-200-76 and submit it to 
the U.S. Management Authority. For re-export, complete Form 3-200-73 and 
submit it to FWS Law Enforcement.



Sec. 23.72  How can I trade internationally in plants?

    (a) U.S. and foreign general provisions: In addition to the 
requirements of this section, the import, export, or re-export of CITES 
plant specimens must meet the other requirements of this part (see 
subparts B and C for prohibitions and application procedures).
    (b) Seeds. International shipments of seeds of any species listed in 
Appendix I, except for seeds of certain artificially propagated hybrids 
(see Sec. 23.92), or seeds of species listed in Appendix II or III with 
an annotation that includes seeds, must be accompanied by a valid CITES 
document. International shipments of CITES seeds that are artificially 
propagated also must be accompanied by a valid CITES document.
    (c) A plant propagated from exempt plant material. A plant grown 
from exempt plant material is regulated by CITES.
    (1) The proposed shipment of the specimen is treated as an export 
even if the exempt plant material from which it was derived was 
previously imported. The country of origin is the country in

[[Page 181]]

which the specimen ceased to qualify for the exemption.
    (2) Plants grown from exempt plant material qualify as artificially 
propagated provided they are grown under controlled conditions.
    (3) To export plants grown from exempt plant material under 
controlled conditions, complete Form 3-200-33 for a certificate for 
artificially propagated plants.
    (d)  Salvaged plants.
    (1) For purposes of this section, salvaged plant means a plant taken 
from the wild as a result of some environmental modification in a 
country where a Party has done all of the following:
    (i) Ensured that the environmental modification program does not 
threaten the survival of CITES plant species, and that protection of 
Appendix-I species in situ is considered a national and international 
obligation.
    (ii) Established salvaged specimens in cultivation after concerted 
attempts have failed to ensure that the environmental modification 
program would not put at risk wild populations of CITES species.
    (2) International trade in salvaged Appendix-I plants, and Appendix-
II plants whose entry into trade might otherwise have been considered 
detrimental to the survival of the species in the wild, may be permitted 
only when all the following conditions are met:
    (i) Such trade would clearly benefit the survival of the species in 
the wild or in cultivation.
    (ii) Import is for the purposes of care and propagation.
    (iii) Import is by a bona fide botanic garden or scientific 
institution.
    (iv) Any salvaged Appendix-I plant will not be sold or used to 
establish a commercial operation for artificial propagation after 
import.



Sec. 23.73  How can I trade internationally in timber?

    (a) U.S. and foreign general provisions: In addition to the 
requirements of this section, the import, export, or re-export of timber 
species listed under CITES must meet the other requirements of this part 
(see subparts B and C for prohibitions and application procedures).
    (b) Definitions. The following definitions apply to parts, products, 
and derivatives that appear in the annotations to certain timber species 
in the CITES Appendices. These definitions are based on the tariff 
classifications of the Harmonized System of the World Customs 
Organization.
    (1) Logs means all wood in the rough, whether or not stripped of 
bark or sapwood, or roughly squared for processing, notably into sawn 
wood, pulpwood, or veneer sheets.
    (2) Sawn wood means wood simply sawn lengthwise or produced by a 
profile-chipping process. Sawn wood normally exceeds 6 mm in thickness.
    (3) Veneer sheets means thin layers or sheets of wood of uniform 
thickness, usually 6 mm or less, usually peeled or sliced, for use in 
making plywood, veneer furniture, veneer containers, or similar 
products.
    (4) Plywood means wood material consisting of three or more sheets 
of wood glued and pressed one on the other and generally disposed so 
that the grains of successive layers are at an angle.
    (c) The following exceptions apply to Appendix-II or -III timber 
species that have a substantive annotation that designates either logs, 
sawn wood, and veneer sheets, or logs, sawn wood, veneer sheets, and 
plywood:
    (1) Change in destination. When a shipment of timber destined for 
one country is redirected to another, the Management Authority in the 
country of import may change the name and address of the importer 
indicated on the CITES document under the following conditions:
    (i) The quantity imported is the same as the quantity certified by a 
stamp or seal and authorized signature of the Management Authority on 
the CITES document at the time of export or re-export.
    (ii) The number of the bill of lading for the shipment is on the 
CITES document, and the bill of lading is presented at the time of 
import.
    (iii) The import takes place before the CITES document expires, and 
the period of validity has not been extended.
    (iv) The Management Authority of the importing country includes the 
following statement in block 5, or an

[[Page 182]]

equivalent place, of the CITES document: ``Import into [name of country] 
permitted in accordance with [cite the appropriate section number from 
the current permit and certificate resolution] on [date].'' The 
modification is certified with an official stamp and signature.
    (v) The Management Authority sends a copy of the amended CITES 
document to the country of export or re-export and the Secretariat.
    (2) Extension of CITES document validity. A Management Authority in 
the country of import may extend the validity of an export permit or re-
export certificate beyond the normal maximum of 6 months after the date 
of issue under the following conditions:
    (i) The shipment has arrived in the port of final destination before 
the CITES document expires, is being held in customs bond, and is not 
considered imported.
    (ii) The time extension does not exceed 6 months from the date of 
expiration of the CITES document and no previous extension has been 
issued.
    (iii) The Management Authority has included in block 5, or an 
equivalent place, of the CITES document the date of arrival and the new 
date of expiration on the document, and certified the modification with 
an official stamp and signature.
    (iv) The shipment is imported into the country from the port where 
the Management Authority issued the extension and before the amended 
CITES document expires.
    (v) The Management Authority sends a copy of the amended CITES 
document to the country of export or re-export and to the Secretariat.



Sec. 23.74  How can I trade internationally in personal sport-hunted 

trophies?

    (a) U.S. and foreign general provisions. Except as provided for 
personal and household effects in Sec. 23.15, the import, export, or 
re-export of sport-hunted trophies of species listed under CITES must 
meet the requirements of this section and the other requirements of this 
part (see subparts B and C for prohibitions and application procedures).
    (b) Sport-hunted trophy means raw or tanned parts of a specimen that 
was taken by a hunter, who is also the importer, exporter, or re-
exporter, during a sport hunt for personal use. It may include the 
bones, claws, hair, head, hide, hooves, horns, meat, skull, teeth, 
tusks, or any taxidermied part, including, but not limited to, a rug or 
taxidermied head, shoulder, or full mount. It does not include articles 
made from a trophy, such as worked, manufactured, or handicraft items 
for use as clothing, curios, ornamentation, jewelry, or other 
utilitarian items.
    (c) Use after import. You may use your sport-hunted trophy after 
import into the United States as provided in Sec. 23.55.
    (d) Quantity and tagging. The following provisions apply to the 
issuance and acceptance of U.S. and foreign CITES documents:
    (1) The number of trophies that one hunter may import in any 
calendar year for the following species is:
    (i) No more than two leopard (Panthera pardus) trophies.
    (ii) No more than one markhor (Capra falconeri) trophy.
    (iii) No more than one black rhinoceros (Diceros bicornis) trophy.
    (2) Each trophy imported, exported, or re-exported must be marked or 
tagged in the following manner:
    (i) Leopard and markhor: Each raw or tanned skin must have a self-
locking tag inserted through the skin and permanently locked in place 
using the locking mechanism of the tag. The tag must indicate the 
country of origin, the number of the specimen in relation to the annual 
quota, and the calendar year in which the specimen was taken in the 
wild. A mounted sport-hunted trophy must be accompanied by the tag from 
the skin used to make the mount.
    (ii) Black rhinoceros: Parts of the trophy, including, but not 
limited to, skin, skull, or horns, whether mounted or loose, should be 
individually marked with reference to the country of origin, species, 
the number of the specimen in relation to the annual quota, and the year 
of export.
    (3) The export permit or re-export certificate or an annex attached 
to the permit or certificate must contain all the information that is 
given on the tag.

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          Subpart F_Disposal of Confiscated Wildlife and Plants



Sec. 23.78  What happens to confiscated wildlife and plants?

    (a) Purpose. Article VIII of the Treaty provides for confiscation or 
return to the country of export of specimens that are traded in 
violation of CITES.
    (b) Disposal options. Part 12 of this subchapter provides the 
options we have for disposing of forfeited and abandoned live and dead 
wildlife and plants. These include maintenance in captivity either in 
the United States or in the country of export, return to the wild under 
limited circumstances, and sale of certain Appendix-II or -III 
specimens. Under some conditions, euthanasia or destruction may be 
necessary.
    (1) We use a plant rescue center program to dispose of confiscated 
live plants. Participants in this program may also assist APHIS, CBP, 
and FWS Law Enforcement in holding seized specimens as evidence pending 
any legal decisions.
    (2) We dispose of confiscated live wildlife on a case-by-case basis 
at the time of seizure and forfeiture, and consider the quantity, 
protection level, and husbandry needs of the wildlife.
    (c) Re-export. We may issue a re-export certificate for a CITES 
specimen that was forfeited or abandoned when the certificate indicates 
the specimen was confiscated and when the re-export meets one of the 
following purposes:
    (1) For any CITES species, the return of a live specimen to the 
Management Authority of the country of export, placement of a live 
specimen in a rescue center, or use of the specimen for law enforcement, 
judicial, or forensic purposes.
    (2) For an Appendix-II or -III species, the disposal of the specimen 
in an appropriate manner that benefits enforcement and administration of 
the Convention.
    (d) Consultation process. FWS and APHIS may consult with the 
Management Authority in the country of export or re-export and other 
relevant governmental and nongovernmental experts before making a 
decision on the disposal of confiscated live specimens that have been 
forfeited or abandoned to the FWS, APHIS, or CBP.



Sec. 23.79  How may I participate in the Plant Rescue Center Program?

    (a) Purpose. We have established the Plant Rescue Center Program to 
place confiscated live plants quickly to prevent physical damage to the 
plants.
    (b) Criteria. Institutions interested in participating in this 
program must be:
    (1) Nonprofit, open to the public, and have the expertise and 
facilities to care for confiscated exotic plant specimens. A 
participating institution may be a botanical garden, arboretum, 
zoological park, research institution, or other qualifying institution.
    (2) Willing to transfer confiscated plants from the port where they 
were confiscated to their facilities at their own expense.
    (3) Willing to return the plants to the U.S. Government if the 
country of export has requested their return. The U.S. Government will 
then coordinate the plants' return to the country of export.
    (4) Willing to accept and maintain a plant shipment as a unit until 
it has received authorization from us to incorporate the shipment into 
its permanent collection or transfer a portion of it to another 
participating institution.
    (c) Participation. Institutions wishing to participate in the Plant 
Rescue Center Program should contact the U.S. Management Authority (see 
Sec. 23.7). They must provide a brief description of the greenhouse or 
display facilities, the names and telephone numbers of any individuals 
authorized to accept plants on behalf of the institution, and the 
mailing address where the plants should be sent. In addition, interested 
institutions must indicate if they are limited with regard to the type 
of plants they are able to maintain or the quantities of plants they can 
handle at one time.



                     Subpart G_CITES Administration



Sec. 23.84  What are the roles of the Secretariat and the committees?

    (a) Secretariat. The Secretariat is headed by the Secretary-General. 
Its functions are listed in Article XII of the Treaty and include:
    (1) Arranging and staffing meetings of the Parties.

[[Page 184]]

    (2) Performing functions as requested in relation to listings in the 
Appendices.
    (3) Undertaking scientific and technical studies, as authorized by 
the CoP, to contribute to implementation of the Convention.
    (4) Studying reports of the Parties and requesting additional 
information as appropriate to ensure effective implementation of the 
Convention.
    (5) Bringing to the attention of the Parties matters relevant to the 
Convention.
    (6) Periodically publishing and distributing to the Parties current 
editions of the Appendices as well as information on the identification 
of specimens of species listed in the Appendices.
    (7) Preparing annual reports to the Parties on its work and on the 
implementation of the Convention.
    (8) Making recommendations for the implementation of the aims and 
provisions of the Convention, including the exchange of scientific and 
technical information.
    (9) Performing other functions entrusted to it by the Parties.
    (b) Committees. The Parties have established four committees to 
provide administrative and technical support to the Parties and to the 
Secretariat. The CoP may charge any of these committees with tasks.
    (1) The Standing Committee steers the work and performance of the 
Convention between CoPs.
    (i) This committee oversees development and execution of the 
Secretariat's budget, advises other committees, appoints working groups, 
and carries out activities on behalf of the Parties between CoPs.
    (ii) Regional representatives are countries that are elected by 
their respective geographic regions at the CoP.
    (2) The Animals Committee and the Plants Committee provide advice 
and guidance to the CoP, the other committees, working groups, and the 
Secretariat on all matters relevant to international trade in species 
included in the Appendices.
    (i) These committees also assist the Nomenclature Committee in the 
development and maintenance of a standardized list of species names; 
provide assistance with regard to identification of species listed in 
the Appendices; cooperate with the Secretariat to assist Scientific 
Authorities; compile and evaluate data on Appendix-II species that are 
considered significantly affected by trade; periodically review the 
status of wildlife and plant species listed in the Appendices; advise 
range countries on management techniques when requested; draft 
resolutions on wildlife and plant matters for consideration by the 
Parties; deal with issues related to the transport of live specimens; 
and report to the CoP and the Standing Committee.
    (ii) Regional representatives are individuals, who are elected by 
their respective geographic regions at the CoP.
    (3) The Nomenclature Committee is responsible for developing or 
identifying standard nomenclature references for wildlife and plant taxa 
and making recommendations on nomenclature to Parties, the CoP, other 
committees, working groups, and the Secretariat. The Nomenclature 
Committee is made up of one zoologist and one botanist, who are 
appointed by the CoP.



Sec. 23.85  What is a meeting of the Conference of the Parties (CoP)?

    (a) Purpose. Article XI of the Treaty provides general guidelines 
for meetings of the countries that have ratified, accepted, approved, or 
acceded to CITES. The Parties currently meet for 2 weeks every 3 years. 
At these meetings, the Parties consider amendments to the Appendices and 
resolutions and decisions to improve the implementation of CITES. The 
Parties adopt amendments to the lists of species in Appendix I and II 
and resolutions by a two-thirds majority of Parties present and voting. 
The Secretariat or any Party may also submit reports on wildlife and 
plant trade for consideration.
    (b) CoP locations and dates. At a CoP, Parties interested in hosting 
the next meeting notify the Secretariat. The Parties vote to select the 
location of the next CoP. Once a country has been chosen, it works with 
the Secretariat to set the date and specific venue. The Secretariat then 
notifies the Parties of the date for the next CoP.

[[Page 185]]

    (c) Attendance at a CoP. All Parties may participate and vote at a 
CoP. Non-Party countries may participate, but may not vote. 
Organizations technically qualified in protection, conservation, or 
management of wildlife or plants may participate in a CoP as observers 
if they are approved, but they are not eligible to vote.
    (1) International organizations must apply to the CITES Secretariat 
for approval to attend a CoP as an observer.
    (2) National organizations must apply to the Management Authority of 
the country where they are located for approval to attend a CoP as an 
observer.



Sec. 23.86  How can I obtain information on a CoP?

    As we receive information on an upcoming CoP from the CITES 
Secretariat, we will notify the public either through published notices 
in the Federal Register or postings on our website (see Sec. 23.7). We 
will provide:
    (a) A summary of the information we have received with an invitation 
for the public to comment and provide information on the agenda, 
proposed amendments to the Appendices, and proposed resolutions that 
they believe the United States should submit for consideration at the 
CoP.
    (b) Information on times, dates, and locations of public meetings.
    (c) Information on how international and national organizations may 
apply to participate as observers.



Sec. 23.87  How does the United States develop documents and 

negotiating positions for a CoP?

    (a) In developing documents and negotiating positions for a CoP, we:
    (1) Will provide for at least one public meeting.
    (2) Consult with appropriate Federal, State, and tribal agencies; 
foreign governmental agencies; scientists; experts; and others.
    (3) Seek public comment through published Federal Register notices 
or postings on our website that:
    (i) Solicit recommendations on potential proposals to amend the 
Appendices, draft resolutions, and other documents for U.S. submission 
to the CoP.
    (ii) Announce proposals to amend the Appendices, draft resolutions, 
and other documents that the United States is considering submitting to 
the CoP.
    (iii) Provide the CoP agenda and a list of the amendments to the 
Appendices proposed for the CoP, a summary of our proposed negotiating 
positions on these items, and the reasons for our proposed positions.
    (4) Consider comments received in response to notices or postings 
provided in paragraph (a)(3) of this section.
    (b) We submit the following documents to the Secretariat for 
consideration at the CoP:
    (1) Draft resolutions and other documents at least 150 days before 
the CoP.
    (2) Proposals to amend the Appendices at least 150 days before the 
CoP if we have consulted all range countries, or 330 days before the CoP 
if we have not consulted the range countries. For the latter, the 
additional time allows for the range countries to be consulted through 
the Secretariat.
    (c) The Director may modify or suspend any of these procedures if 
they would interfere with the timely or appropriate development of 
documents for submission to the CoP and U.S. negotiating positions.
    (d) We may receive additional information at a CoP or circumstances 
may develop that have an impact on our tentative negotiating positions. 
As a result, the U.S. representatives to a CoP may find it necessary to 
modify, reverse, or otherwise change any of those positions when to do 
so would be in the best interests of the United States or the 
conservation of the species.



Sec. 23.88  What are the resolutions and decisions of the CoP?

    (a) Purpose. Under Article XI of the Treaty, the Parties agree to 
resolutions and decisions that clarify and interpret the Convention to 
improve its effectiveness. Resolutions are generally intended to provide 
long-standing guidance, whereas decisions typically contain instructions 
to a specific committee, Parties, or the Secretariat. Decisions are 
often intended to be implemented by a specific date, and then they 
expire.

[[Page 186]]

    (b) Effective date. A resolution or decision adopted by the Parties 
becomes effective 90 days after the last day of the meeting at which it 
was adopted, unless otherwise specified in the resolution or decision.



                       Subpart H_Lists of Species



Sec. 23.89  What are the criteria for listing species in Appendix I or II?

    (a) Purpose. Article XV of the Treaty sets out the procedures for 
amending CITES Appendices I and II. A species must meet trade and 
biological criteria listed in the CITES resolution for amendment of 
Appendices I and II. When determining whether a species qualifies for 
inclusion in or removal from Appendix I or II, or transfer from one 
Appendix to another, we will:
    (1) Consult with States, Tribes, range countries, relevant experts, 
other Federal agencies, and the general public.
    (2) Utilize the best available biological information.
    (3) Evaluate that information against the criteria in paragraphs (b) 
through (f) of this section.
    (b) Listing a species in Appendix I. Any species qualifies for 
inclusion in Appendix I if it is or may be affected by trade and meets, 
or is likely to meet, at least one biological criterion for Appendix I.
    (1) These criteria are:
    (i) The size of the wild population is small.
    (ii) Area of distribution is restricted.
    (iii) There is an observed, inferred, or projected marked decline in 
the population size in the wild.
    (2) Factors to be considered include, but are not limited to, 
population and range fragmentation; habitat availability or quality; 
area of distribution; taxon-specific vulnerabilities due to life 
history, behavior, or other intrinsic factors, such as migration; 
population structure and niche requirements; threats from extrinsic 
factors such as the form of exploitation, introduced species, habitat 
degradation and destruction, and stochastic events; or decreases in 
recruitment.
    (c) Listing a species in Appendix II due to actual or potential 
threats. Any species qualifies for inclusion in Appendix II if it is or 
may be affected by trade and meets at least one of the criteria for 
listing in Appendix II based on actual or potential threats to that 
species. These criteria are:
    (1) It is known, or can be inferred or projected, that the 
regulation of trade is necessary to avoid the species becoming eligible 
for inclusion in Appendix I in the near future.
    (2) It is known, or can be inferred or projected, that the 
regulation of trade in the species is required to ensure that the 
harvest of specimens from the wild is not reducing the wild population 
to a level at which its survival might be threatened by continued 
harvest or other influences.
    (d) Listing a species in Appendix II due to similarity of appearance 
or other factors. Any species qualifies for inclusion in Appendix II if 
it meets either of the criteria for listing in Appendix II due to 
similarity of appearance or other factors. These criteria are:
    (1) The specimens of the species in the form in which they are 
traded resemble specimens of a species listed in Appendix II due to 
criteria in paragraph (c) of this section or in Appendix I, such that 
enforcement officers who encounter specimens of such similar CITES 
species are unlikely to be able to distinguish between them.
    (2) There are compelling reasons other than those in paragraph 
(d)(1) of this section to ensure that effective control of trade in 
currently listed species is achieved.
    (e) Other issues. We will evaluate any potential changes to the 
Appendices, taking into consideration other issues, including but not 
limited to, split-listing, annotation, listings of higher taxa and 
hybrids, and specific listing issues related to plants and commercially 
exploited aquatic species.
    (f) Precautionary measures. We will evaluate any potential transfers 
from Appendix I to II or removal of species from the Appendices in the 
context of precautionary measures.
    (g) Proposal. If a Party determines that a taxon qualifies for 
inclusion in or removal from Appendix I or II, or transfer from one 
Appendix to another, a proposal may be submitted to the Secretariat for 
consideration by the CoP.

[[Page 187]]

    (1) The proposal should indicate the intent of the specific action 
(such as inclusion in Appendix I or II); be specific and accurate as to 
the parts and derivatives to be included in the listing; ensure that any 
proposed annotation is consistent with existing annotations; state the 
criteria against which the proposal is to be judged; and provide a 
justification for the basis on which the species meets the relevant 
criteria.
    (2) The proposal must be in a prescribed format. Contact the U.S. 
Scientific Authority for a copy (see Sec. 23.7).



Sec. 23.90  What are the criteria for listing species in Appendix III?

    (a) Purpose. Article XVI of the Treaty sets out the procedures for 
amending Appendix III.
    (b) General procedure. A Party may unilaterally, at any time, submit 
a request to list a species in Appendix III to the CITES Secretariat. 
The listing will become effective 90 days after the Secretariat notifies 
the Parties of the request.
    (c) Criteria for listing. For a Party to list a species in Appendix 
III, all of the following criteria must be met:
    (1) The species must be native to the country listing the species.
    (2) The species must be protected under that country's laws or 
regulations to prevent or restrict exploitation and control trade, and 
the laws or regulations are being implemented.
    (3) The species is in international trade, and there are indications 
that the cooperation of other Parties would help to control illegal 
trade.
    (4) The listing Party must inform the Management Authorities of 
other range countries, the known major importing countries, the 
Secretariat, and the Animals Committee or the Plants Committee that it 
is considering the listing and seek their opinions on the potential 
effects of the listing.
    (d) Annotation. The listing Party may annotate the Appendix-III 
listing to include only specific parts, products, derivatives, or life 
stages, as long as the Secretariat is notified of the annotation.
    (e) U.S. procedure. The procedure to list a species native to the 
United States in Appendix III is as follows:
    (1) We will consult with and solicit comments from all States and 
Tribes where the species occurs and all other range countries.
    (2) We will publish a proposed rule in the Federal Register to 
solicit comments from the public.
    (3) If after evaluating the comments received and available 
information we determine the species should be listed in Appendix III, 
we will publish a final rule in the Federal Register and notify the 
Secretariat of the listing.
    (f) Removing a species from Appendix III. We will monitor the 
international trade in Appendix-III species listed by us and 
periodically evaluate whether each species continues to meet the listing 
criteria in paragraph (c) of this section. We will remove a species from 
Appendix III provided all of the following criteria are met:
    (1) International trade in the species is very limited. As a general 
guide, we will consider removal when exports involve fewer than 5 
shipments per year or fewer than 100 individual animals or plants.
    (2) Legal and illegal trade in the species, including international 
trade or interstate commerce, is determined not to be a concern.
    (g) Transferring a species from Appendix III to Appendix I or II. 
If, after monitoring the trade and evaluating the status of an Appendix-
III species we listed, we determine that the species meets the criteria 
in Sec. 23.89(b) through (d) of this section for listing in Appendix I 
or II, we will consider whether to submit a proposal to amend the 
listing at the next CoP.



Sec. 23.91  How do I find out if a species is listed?

    (a) CITES list. The official CITES list includes species of wildlife 
and plants placed in Appendix I, II, and III in accordance with the 
provisions of Articles XV and XVI of the Treaty. This list is maintained 
by the CITES Secretariat based on decisions of the Parties. You may 
access the official list from the CITES website (see Sec. 23.7).
    (b) Effective date. Amendments to the CITES list are effective as 
follows:
    (1) Appendix-I and -II species listings adopted at the CoP are 
effective 90

[[Page 188]]

days after the last day of the CoP, unless otherwise specified in the 
proposal.
    (2) Appendix-I and -II species listings adopted between CoPs by 
postal procedures are effective 120 days after the Secretariat has 
communicated comments and recommendations on the listing to the Parties 
if the Secretariat does not receive an objection to the proposed 
amendment from a Party.
    (3) Appendix-III species listings are effective 90 days after the 
date the Secretariat has communicated such listings to the Parties. A 
listing Party may withdraw a species from the list at any time by 
notifying the Secretariat. The withdrawal is effective 30 days after the 
Secretariat has communicated the withdrawal to the Parties.



Sec. 23.92  Are any wildlife or plants, and their parts, products,

or derivatives, exempt?

    (a) All living or dead wildlife and plants in Appendix I, II, and 
III and all their readily recognizable parts, products, and derivatives 
must meet the requirements of CITES and this part, except as indicated 
in paragraph (b) of this section.
    (b) The following are exempt from the requirements of CITES and do 
not need CITES documents. You may be required to demonstrate that your 
specimen qualifies as exempt under this section. For specimens that are 
exempt from CITES requirements, you must still follow the clearance 
requirements for wildlife in part 14 of this subchapter and for plants 
in part 24 of this subchapter and 7 CFR parts 319, 352, and 355.
    (1) Appendix-III wildlife and Appendix-II or -III plants.
    (i) Where an annotation designates what is excluded from CITES 
requirements, any part, product, or derivative that is specifically 
excluded.
    (ii) Where an annotation designates what is covered by the Treaty, 
all parts, products, or derivatives that are not designated.
    (2) Plant hybrids.
    (i) Seeds and pollen (including pollinia), cut flowers, and flasked 
seedlings or tissue cultures of hybrids that qualify as artificially 
propagated (see Sec. 23.64) and that were produced from one or more 
Appendix-I species or taxa that are not annotated to specifically 
include hybrids in the CITES list.
    (ii) Specimens of an Appendix-II or -III plant taxon with an 
annotation that specifically excludes hybrids.
    (3) Flasked seedlings of Appendix-I orchids. Flasked seedlings of an 
Appendix-I orchid species that qualify as artificially propagated (see 
Sec. 23.64).
    (4) Marine specimens listed in Appendix II that are protected under 
another treaty, convention, or international agreement which was in 
force on July 1, 1975 as provided in Sec. 23.39(d).
    (5) Coral sand and coral fragments as defined in Sec. 23.5.
    (6) Personal and household effects as provided in Sec. 23.15.
    (7) Urine, feces, and synthetically derived DNA as provided in Sec. 
23.16.
    (8) Certain wildlife hybrids as provided in Sec. 23.43.



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

[[Page 189]]

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.
    (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

[[Page 190]]

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
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 191]]



            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 192]]

    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 193]]

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 194]]

    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 195]]

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 196]]



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 197]]



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 198]]

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 199]]

    (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 200]]



                         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.



Sec. 26.33  Special regulations.

    (a) Special regulations shall be issued for public use, access, and 
recreation

[[Page 201]]

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 use. Permits are not transferable by sale 
or devise.
    (6) All vehicle occupants must provide positive identification upon 
the request of any refuge official.

[[Page 202]]

    (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 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

[[Page 203]]

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.
    (iv) No additional medical access waiver permits will be issued 
after December 31, 1987.

[[Page 204]]

    (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.
    (2) Use by all groups exceeding 10 individuals will require a 
Special Use Permit, issued by the refuge manager.

[[Page 205]]

    (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;
    (5) The National Wildlife Refuge System mission;

[[Page 206]]

    (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.
27.62 Search for and removal of objects of antiquity.

[[Page 207]]

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 similar device upon a motor vehicle. A

[[Page 208]]

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 traveled 
channels or main thoroughfares shall constitute such interference

[[Page 209]]

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]



       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

[[Page 210]]

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.



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

[[Page 211]]

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, 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.

[[Page 212]]



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]



                      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

[[Page 213]]

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 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

[[Page 214]]

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, 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]

[[Page 215]]



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 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

[[Page 216]]

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 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,

[[Page 217]]

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. (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:


[[Page 218]]


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 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

[[Page 219]]

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 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

[[Page 220]]

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]



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

[[Page 221]]

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, 
telephone line, or other communication facilities now or hereafter 
constructed and operated by the United States or any agency thereof.

[42 FR 43919, Aug. 31, 1977, as amended at 48 FR 31655, July 11, 1983]

[[Page 222]]



Sec. 29.21-9  Rights-of-way for pipelines for the transportation of

oil, natural gas, synthetic liquid or gaseous fuels, or any refined
product produced 
          therefrom.

    (a) Application procedure. Applications for pipelines and related 
facilities under this section are to be filed in accordance with Sec. 
29.21-2 of these regulations with the following exception:

    When the right-of-way or proposed facility will occupy Federal land 
under the control of more than one Federal Agency and/or more than one 
bureau or office of the Department of the Interior, a single application 
shall be filed with the appropriate State Director of the Bureau of Land 
Management in accordance with regulations in 43 CFR part 2800.

    Any portion of the facility occupying land of the National Wildlife 
Refuge System will be subject to the provisions of these regulations.
    (b) Right-of-way grants under this section will be subject to the 
special requirements of section 28 of the Mineral Leasing Act of 1920 
(30 U.S.C. 185), as amended, as set forth below. Gathering lines and 
associated structures used solely in the production of oil and gas under 
valid leases on the lands administered by the Fish and Wildlife Service 
are excepted from the provisions of this section.
    (1) Pipeline safety. Rights-of-way or permits granted under this 
section will include requirements that will protect the safety of 
workers and protect the public from sudden ruptures and slow degradation 
of the pipeline. An applicant must agree to design, construct, and 
operate all proposed facilities in accordance with the provisions of 
parts 192 and/or 195 of title 49 of the CFR and in accordance with the 
Occupational Safety and Health Act of 1970, Pub. L. 91-596, including 
any amendments thereto.
    (2) Environmental protection. An application for a right-of-way must 
contain environmental information required by Sec. 29.21-2(a)(4) of 
this subpart. If the Regional Director determines that a proposed 
project will have a significant affect on the environment, there must 
also be furnished a plan of construction, operations, and rehabilitation 
of the proposed facilities. In addition to terms and conditions imposed 
under Sec. 29.21-4, the Regional director will impose such stipulations 
as may be required to assure: (i) Restoration, revegetation and 
curtailment of erosion of the surface; (ii) that activities in 
connection with the right-of-way or permit will not violate applicable 
air and water quality standards in related facilities siting standards 
established by law; (iii) control or prevention of damage to the 
environment including damage to fish and wildlife habitat, public or 
private property, and public health and safety; and (iv) protection of 
the interests of individuals living in the general area of the right-of-
way or permit who rely on the fish, wildlife, and biotic resources of 
the area for subsistence purposes.
    (c) Disclosure. If the applicant is a partnership, corporation, 
association, or other business entity it must disclose the identity of 
the participants in the entity. Such disclosure shall include where 
applicable (1) the name and address of each partner, (2) the name and 
address of each shareholder owning 3 percentum or more of the shares, 
together with the number and percentage of any class of voting shares of 
the entity which such shareholder is authorized to vote, and (3) the 
name and address of each affiliate of the entity together with, in the 
case of an affiliate controlled by the entity, the number of shares and 
the percentage of any class of voting stock of that affiliate owned, 
directly or indirectly, by that entity, and in the case of an affiliate 
which controls that entity, the number of shares and the percentage of 
any class of voting stock of that entity owned, directly or indirectly, 
by the affiliate.
    (d) Technical and financial capability. The Regional Director may 
grant or renew a right-of-way or permit under this section only when he 
is satisfied that the applicant has the technical and financial 
capability to construct, operate, maintain and terminate the facility. 
At the discretion of the Regional Director, a financial statement may be 
required.
    (e) Reimbursement of costs. In accordance with Sec. 29.21-2(a)(3) 
of this subpart, the holder of a right-of-way or permit must reimburse 
the Service for the cost incurred in monitoring the construction, 
operation, maintenance, and

[[Page 223]]

termination of any pipeline or related facilities as determined by the 
Regional Director.
    (f) Public hearing. The Regional Director shall give notice to 
Federal, State, and local government agencies, and the public, and 
afford them the opportunity to comment on right-of-way applications 
under this section. A notice will be published in the Federal Register 
and a public hearing may be held where appropriate.
    (g) Bonding. Where appropriate the Regional Director may require the 
holder of a right-of-way or permit to furnish a bond, or other security 
satisfactory to him, to secure all or any of the obligations imposed by 
the terms and conditions of the right-of-way or permit or by any rule or 
regulation, not to exceed the period of construction plus one year or a 
longer period if necessary for the pipeline to stabilize.
    (h) Suspension of right-of-way. If the Project Manager determines 
that an immediate temporary suspension of activities within a right-of-
way or permit area is necessary to protect public health and safety or 
the environment, he may issue an emergency suspension order to abate 
such activities prior to an administrative proceeding. The Regional 
Director must make a determination and notify the holder in writing 
within 15 days from the date of suspension as to whether the suspension 
should continue and list actions needed to terminate the suspension. 
Such suspension shall remain in effect for only so long as an emergency 
condition continues.
    (i) Joint use of rights-of-way. Each right-of-way or permit shall 
reserve to the Regional Director the right to grant additional rights-
of-way or permits for compatible uses on or adjacent to rights-of-way or 
permit areas granted under this section after giving notice to the 
holder and an opportunity to comment.
    (j) Common carriers. (1) Pipelines and related facilities used for 
the transportation of oil, natural gas, synthetic liquid or gaseous 
fuels, or any refined product produced therefrom shall be constructed, 
operated, and maintained as common carriers.
    (2)(i) The owners or operators of pipelines subject to this subpart 
shall accept, convey, transport, or purchase without discrimination all 
oil or gas delivered to the pipeline without regard to whether such oil 
or gas was produced on Federal or non-Federal lands.
    (ii) In the case of oil or gas produced from Federal lands or from 
the resources on the Federal lands in the vicinity of the pipelines, the 
Secretary may, after a full hearing with due notice thereof to the 
interested parties and a proper finding of facts, determine the 
proportionate amounts to be accepted, conveyed, transported or 
purchased.
    (3)(i) The common carrier provisions of this section shall not apply 
to any natural gas pipeline operated by any person subject to regulation 
under the Natural Gas Act or by any public utility subject to regulation 
by a State or municipal regulatory agency having jurisdiction to 
regulate the rates and charges for the sale of natural gas to consumers 
within the State or municipality.
    (ii) Where natural gas not subject to state regulatory or 
conservation laws governing its purchase by pipelines is offered for 
sale, each such pipeline shall purchase, without discrimination, any 
such natural gas produced in the vicinity of the pipeline.
    (4) The Regional Director shall require, prior to granting or 
renewing a right-of-way, that the applicant submit and disclose all 
plans, contracts, agreements, or other information or material which he 
deems necessary to determine whether a right-of-way shall be granted or 
renewed and the terms and conditions which should be included in the 
right-of-way. Such information may include, but is not limited to: (i) 
Conditions for, and agreements among owners or operators, regarding the 
addition of pumping facilities, looping, or otherwise increasing the 
pipeline or terminal's throughput capacity in response to actual or 
anticipated increases in demand; (ii) conditions for adding or 
abandoning intake, offtake, or storage points or facilities; and (iii) 
minimum shipment or purchase tenders.
    (k) Limitations on export. Any domestically produced crude oil 
transported by pipeline over rights-of-way granted

[[Page 224]]

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 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.

[[Page 225]]



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 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

[[Page 226]]

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  Do we allow commercial harvest of fishery resources?

    Refuge managers may allow commercial harvest of fishery resources by 
issuance of a permit or by refuge-specific regulation in compliance with 
applicable State and Federal laws when compatible and in compliance with 
Sec. 29.1 of this subchapter C.

[69 FR 54362, Sept. 8, 2004]



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?
32.3 What are the procedures for publication of refuge-specific hunting 
          regulations?
32.4 Opening of wildlife refuge areas to fishing.

[[Page 227]]

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.
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:
    (a) Each person shall secure and possess the required State license.

[[Page 228]]

    (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.
    (f) Refuge-specific hunting regulations may be amended or new 
conditions imposed at any time during the hunting season when 
unpredictable

[[Page 229]]

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]



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:

[[Page 230]]

                                 Alabama

Bon Secour National Wildlife Refuge
Cahaba River National Wildlife Refuge
Choctaw National Wildlife Refuge
Eufaula National Wildlife Refuge
Grand Bay National Wildlife Refuge
Key Cave National Wildlife Refuge
Mountain Lonleaf National Wildlife Refuge
Sauta 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
Don Edwards San Francisco Bay 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 Luis National Wildlife Refuge
San Pablo National Wildlife Refuge
Sonny Bono Salton Sea National Wildlife Refuge
Stone Lakes 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

Stewart B. McKinney National Wildlife Refuge

                                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
Kakahaia National Wildlife Refuge
Kilauea Point National Wildlife Refuge

[[Page 231]]

                                  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
Northern Tallgrass Prairie 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
Marais des Cygnes Natinal 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
Red River 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

 Assabet River National Wildlife Refuge
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
Big Stone Wetland Management District
Detroit Lakes Wetland Management District
Fergus Falls Wetland Management District
Glacial Ridge National Wildlife Refuge
Litchfield Wetland Management District
Minnesota Valley National Wildlife Refuge
Minnesota Valley Wetland Management
Morris Wetland Management District
Northern Tallgrass Prairie National Wildlife Refuge
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
Coldwater 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

[[Page 232]]

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
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
Silvio O. Conte National Wildlife Refuge

                               New Jersey

Cape May National Wildlife Refuge
Edwin B. Forsythe National Wildlife Refuge
Great Swamp National Wildlife Refuge
Supawna Meadows National Wildlife Refuge
Wallkill River National Wildlife Refuge

                               New Mexico

Bitter Lake National Wildlife Refuge
Bosque del Apache National Wildlife Refuge
Las Vegas National Wildlife Refuge
Maxwell National Wildlife Refuge
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
Arrowwood Wetland Management District
Audubon National Wildlife Refuge
Audubon Wetland Management District
Chase Lake National Wildlife Refuge
Chase Lake Wetland Management District
Crosby Wetland Management District
Des Lacs National Wildlife Refuge
Devils Lake Wetland Management District
J. Clark Salyer National Wildlife Refuge
J. Clark Salyer Wetland Management District
Kulm Wetland Management District
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
Long Lake Wetland Management District
Lostwood National Wildlife Refuge
Lostwood Wetland Management District
Rock Lake National Wildlife Refuge
Sibley Lake National Wildlife Refuge
Slade National Wildlife Refuge
Stewart Lake National Wildlife Refuge
Tewaukon National Wildlife Refuge
Tewaukon Wetland Management District
Upper Souris National Wildlife Refuge
Valley City Wetland Management District

[[Page 233]]

                                  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 Antelope Refuge
Julia Butler Hansen Refuge for the Columbian White-Tailed Deer
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
Waccamaw National Wildlife Refuge

                              South Dakota

Devils Lake Wetland Management District
Huron Wetland Management District
Lacreek National Wildlife Refuge
Lake Andes Wetland Management District
Madison Wetland Management District
Pocasse National Wildlife Refuge
Sand Lake National Wildlife Refuge
Sand Lake Wetland Management District
Waubay National Wildlife Refuge
Waubay Wetland Management District

                                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

[[Page 234]]

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

        United States Unincorporated Pacific Insular Possessions

Johnston Island 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; 68 FR 57315, Oct. 2, 2003; 
69 FR 54362, Sept. 8, 2004; 70 FR 54158, Sept. 13, 2005]



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.

[[Page 235]]

 
 2370  Oct. 16, 1939.  Virginia......  Back Bay          3 CFR, Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  4285.
       Aug. 13, 1954.  .......do.....  Presquile         19 FR 5290.
                                        National
                                        Wildlife Refuge.
       Jan. 5, 1962..  .......do.....  Back Bay          27 FR 104; 27
                                        National          FR 858.
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Oct. 9, 1969..  .......do.....  Mason Neck        34 FR 15653.
                                        National
                                        Wildlife Refuge.
 2439  Nov. 7, 1940..  Washington....  Willapa National  3 CFR, Cum.
                                        Wildlife Refuge.  Supp.; 5 FR
                                                          4443.
       Oct. 2, 1958..  Wisconsin.....  Upper             3 CFR, 1958
                                        Mississippi       Supp.; 23 FR
                                        River Wild Life   7825.
                                        and Fish Refuge.
------------------------------------------------------------------------


[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 42880, Aug. 12, 1993]



      Subpart B_Refuge-Specific Regulations for Hunting and Fishing



Sec. 32.20  Alabama.

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

                   Bon Secour National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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.

                  Cahaba River National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
opossum, raccoon, coyote, and bobcat on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We prohibit hunting within 100 yards (90 m) of River Road.
    3. We prohibit ATVs, mules, and horses on the refuge.
    4. We allow the use of dogs to hunt upland game, but the dogs must 
be under the immediate control of the handler at all times and not 
allowed to run free (see Sec. 26.21(b) of this chapter).
    5. We allow shotguns with 4 shot or smaller, rifles firing 
.22 caliber rimfire ammunition, or archery equipment.
    C. Big Game Hunting. We allow the hunting of white-tailed deer, 
feral hog, and wild turkey on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a signed hunt permit when hunting.
    2. We only allow the use of archery equipment during white-tailed 
deer season.
    3. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices.
    4. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 27.51 of this chapter). Hunters must 
remove stands from trees after each day's hunt (see Sec. Sec. 27.93 and 
27.94 of this chapter).
    5. We require tree stand users to use a safety belt or harness.
    6. We prohibit the use of dogs for hunting or pursuit of big game.
    7. Conditions B2 and B3 apply.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit the taking of frog or turtle (see Sec. 27.21 of this 
chapter).
    2. Condition B3 applies.

                    Choctaw National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We prohibit hunting within 100 yards (90 m) of the fenced-in Work 
Center Area or the refuge boat ramp.
    2. Access to the Middle Swamp is by boat only. We prohibit access to 
the refuge from private land.
    3. We prohibit marking trees and use of flagging tape, reflective 
tacks, and other similar marking devices.
    4. You may take incidental species as listed in the refuge hunt 
permit during any fall hunt with those weapons legal during those hunts.
    5. You must possess and carry a signed refuge hunt permit when 
hunting.
    6. All youth hunters age 15 and younger must remain within sight and 
normal voice

[[Page 236]]

contact of an adult age 21 or older, possessing a license. Youth hunters 
must have passed a State-approved hunter education course. One adult may 
supervise no more than two youth hunters.
    7. We prohibit overnight mooring or storage of boats.
    8. We require hunters to check all harvested game at the conclusion 
of each day at one of the refuge check-out stations.
    9. You may only use approved nontoxic shot (see Sec. 32.2(k)) 
4 or smaller, .22 caliber rimfire, or legal archery equipment.
    10. We allow you to use dogs during the hunt, but the dogs must be 
under the immediate control of the handler at all times and not allowed 
to roam free (see Sec. 26.21(b) of this chapter). We prohibit dogs in 
the Middle Swamp area of the refuge.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog in accordance with State regulations subject to the following 
conditions:
    1. Conditions B1 through B8 apply.
    2. We require tree stand users to use a safety belt or harness.
    3. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    4. During the spring muzzleloader hunt for feral hog, muzzleloaders 
must be .40 caliber or larger without scopes. We require hunters to wear 
hunter orange in accordance with State big game regulations except you 
must also wear hunter orange while on tree stands.
    5. We prohibit participation in organized drives.
    6. We prohibit mules and horses on all refuge hunts.
    7. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing year-round, except in the waterfowl sanctuary, 
which we close from December 1 through March 1.
    2. With the exception of the refuge boat ramp, we limit access from 
\1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
    3. You may use a rod and reel and pole and line. We prohibit all 
other methods of fishing.
    4. We prohibit the taking of frogs or turtles (see Sec. 27.21 of 
this chapter).
    5. We prohibit bow fishing.
    6. We prohibit the use of airboats, hovercraft, and inboard 
waterthrust boats such as, but not limited to, personal watercraft, 
watercycles, and waterbikes on all waters of the refuge.
    7. We allow commercial fishing with the use of nets, seines, boxes, 
and baskets only by Special Use Permit.
    8. We prohibit mooring or storing of boats from \1/2\ hour after 
legal sunset to \1/2\ hour before legal sunrise.

                    Eufaula National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
Eurasian-collared dove, duck, and goose on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We allow dove hunting on selected areas and days during the State 
dove season. You may only possess approved nontoxic shotshells (see 
Sec. 32.2(k)).
    3. We allow goose and duck hunting in the Kennedy and Bradley Units 
on selected days until 12 p.m. (noon) during State waterfowl seasons. We 
close all other areas within the refuge to waterfowl hunting.
    4. You may only possess approved nontoxic shotshells while in the 
field (see Sec. 32.2(k)) in quantities of 25 or less when hunting duck 
or goose.
    5. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must possess and carry verification of passing a State-
approved hunter education course. One adult may supervise no more than 
two youth hunters.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 and A5 apply.
    2. We allow squirrel and rabbit hunting on selected areas and days 
during the State season.
    3. We prohibit dogs (see Sec. 26.21(b) of this chapter).
    4. We allow only shotguns.
    5. We prohibit mooring or storing of boats from 2 hours after legal 
sunset to \1/2\ hour before legal sunrise.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and B5 apply.
    2. We allow both archery deer and feral hog hunting during State 
archery and gun seasons.
    3. We close the portion of the refuge between Bustahatchee and Rood 
Creeks to archery hunting until November 1.
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
We allow youth gun deer hunting (ages 10-16) within the Bradley Unit

[[Page 237]]

on weekends during October where youth age 16 or under must be 
supervised by an adult. Youth hunters must have passed a State-approved 
hunter education course. One adult may supervise no more than one youth 
hunter.
    5. We close the portion of the refuge around the Upland Impoundment, 
also designated by signs reading ``Closed Seasonally November 15-
February 28,'' to hunting after November 15.
    6. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from the trees each day (see Sec. 27.93 of this chapter).
    7. We allow access to the refuge for all hunts from 1\1/2\ hours 
before legal sunrise to 1\1/2\ hours after legal sunset.
    8. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time (see Sec. 32.2(h)).
    9. We prohibit participation in organized drives.
    10. We prohibit mules and horses on all refuge hunts.
    11. We require tree stand users to use a safety belt or harness.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing, including bowfishing, from legal sunrise to 
legal sunset only in refuge waters other than Lake Eufaula.
    2. We prohibit taking frog or turtle (see Sec. 27.21 of this 
chapter) from refuge waters not connected with Lake Eufaula.
    3. We adopt reciprocal license agreements between Alabama and 
Georgia for fishing in Lake Eufaula. Anglers fishing in refuge impounded 
waters must possess and carry a license for the State in which they are 
fishing.
    4. We prohibit use of boats with motors in all refuge impounded 
areas.
    5. Condition B5 applies.

                   Grand Bay National Wildlife Refuge

    Refer to Sec. 32.43 Mississippi for regulations.

                    Key Cave National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
Eurasian-collared dove on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We allow hunting on designated areas from 12 p.m. (noon) to legal 
sunset Mondays, Tuesdays, Fridays, and Saturdays.
    3. Hunters must park in designated parking areas. We prohibit 
parking vehicles on refuge roads or in the fields (see Sec. 27.31 of 
this chapter).
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than two youth hunters.
    5. We allow you to use dogs during the hunt, but the dogs must be 
under the immediate control of the handler at all times and not allowed 
to roam free (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated portions of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1 and A3 through A5 apply.
    2. We allow hunting on designated areas from legal sunrise to legal 
sunset Mondays, Tuesdays, Fridays, and Saturdays, except that you may 
hunt opossum and raccoon after legal sunset.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

               Mountain Longleaf National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of woodcock on 
designated areas of the refuge in accordance with State regulations 
subject to the following condition: You must possess and carry a signed 
hunt permit when hunting.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
groundhog, raccoon, opossum, beaver, and fox on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. We only allow hunting from legal sunrise to legal sunset.
    3. We prohibit the use of dogs (see Sec. 26.21(b) of this chapter) 
to hunt or pursue raccoon, opossum, or fox.
    C. Big Game Hunting. We allow hunting of white-tailed deer, bobcat, 
coyote, feral hog, and turkey on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Condition B1 applies.
    2. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    3. We prohibit using dogs (see Sec. 26.21(b) of this chapter) to 
hunt or pursue big game.
    D. Sport Fishing. [Reserved]

                   Sauta Cave National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the

[[Page 238]]

refuge in accordance with State regulations subject to the following 
condition: Sauty Creek Wildlife Management Area regulations apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Wheeler National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit when 
hunting.
    2. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
4 or smaller, .22 caliber rimfire, or legal archery equipment.
    3. You must unload and case or dismantle firearms (see Sec. 27.42 
of this chapter) before placing them in a vehicle or boat.
    4. We prohibit hunting in the Triana recreation area or within 100 
yards (90 m) of any public building, public road, walking trail, or 
boardwalk.
    5. We prohibit mules and horses on all refuge hunts.
    6. We allow hunting on designated areas Monday through Saturday. We 
prohibit hunting on Sunday.
    7. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than two youth hunters.
    8. We prohibit mooring or storing of boats from legal sunset to 
legal sunrise.
    9. We prohibit marking trees and the use of flagging tape, 
reflective tacks, and other similar marking devices.
    10. We allow the use of dogs to hunt upland game, but the dogs must 
be under the immediate control of the handler at all times and not 
allowed to run free (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow the hunting of white-tailed deer and 
feral hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B1, B3, B4, B6, B8, and B9 apply.
    2. We prohibit participation in organized drives.
    3. We allow bows with broadhead arrows and flintlocks .40 caliber or 
larger only.
    4. We prohibit damaging trees or hunting from a tree that contains 
an inserted metal object (see Sec. 32.2(i)). Hunters must remove stands 
from trees each day (see Sec. 27.93 of this chapter).
    5. We require tree stand users to use a safety belt or harness.
    6. We prohibit mules and horses on all refuge hunts.
    7. We prohibit hunting by aid or distribution of any feed, salt, or 
other mineral at any time (see Sec. 32.2(h)).
    8. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
Youth hunters must have passed a State-approved hunter education course. 
One adult may supervise no more than one youth.
    9. You may only hunt feral hog during the refuge archery and 
flintlock deer season.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit bank fishing around the shoreline of the refuge 
headquarters. Consult with the refuge brochure for further information.
    2. We open all other refuge waters to fishing year-round unless 
otherwise posted.
    3. We prohibit fishing in the Waterfowl Display Pool and other 
waters adjacent to the visitor center.
    4. We prohibit airboats and hovercraft on all waters within the 
refuge boundaries.
    5. We prohibit 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 3.
    6. We prohibit mooring and storing of boats from legal sunset to 
legal sunrise.

[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; 69 FR 54362, Sept. 8, 2004; 69 FR 55995, Sept. 17, 
2004; 70 FR 54158, Sept. 13, 2005]



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.

[[Page 239]]

              Bill Williams River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
white-winged dove in accordance with State regulations subject to the 
following conditions:
    1. We only allow shotguns.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We only allow hunting in accordance with State regulations for 
the listed species.
    4. We only allow hunting on the refuge in those areas south of the 
Bill Williams Road and east of Arizona State Rt. 95 and the south half 
of Section 35, T 11N-R 17W as posted.
    5. Only upon specific consent from an authorized refuge employee may 
you retrieve game from an area closed to hunting or entry.
    6. We prohibit hunting within 50 yards (45 m) of any building, road, 
or levee.
    7. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A7 apply.
    2. We only allow hunting of cottontail rabbit from September 1 to 
the close of the State quail season.
    C. Big Game Hunting. We allow hunting of desert bighorn sheep in 
Arizona Wildlife Management Areas 16A and 44A in accordance with State 
regulations subject to the following conditions:
    1. Anyone for hire assisting or guiding a hunter(s) must obtain, 
possess, and carry a valid Special Use Permit issued by the refuge 
manager.
    2. Conditions A3 through A7 apply.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We close the isolated grow-out cove near the visitor center to 
fishing as posted.
    2. We prohibit personal watercraft (PWC as defined by State law), 
air boats, and hovercraft on all waters within the boundaries of the 
refuge.
    3. We designate all waters as wakeless speed zones (as defined by 
State law).
    4. Persons fishing from a boat or other floating object must obtain, 
possess, and carry a current Colorado River shared jurisdiction stamp.

                  Buenos Aires National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and mourning and white-winged dove on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only use firearms (see Sec. 27.42 of this chapter) for 
the taking of legal game. You may only carry and use handguns in 
conjunction with a designated handgun season. We prohibit weapons in the 
No-Hunt Zone of the refuge headquarters, on Service property in Brown 
Canyon, and in the Watchable Wildlife Areas located at Arivaca Cienega 
and Arivaca Creek.
    2. We allow stands, but you must remove them at the end of the hunt 
(see Sec. 27.93 of this chapter).
    3. The No-Hunt Zones include: Clark Ranch Tract, Don Honnas Tract, 
all Service property in Brown Canyon, Arivaca Creek from milepost 7 to 
Arivaca and within \1/4\ mile (.4 km) of the creek bed, within \1/4\ 
mile (.4 km) of all refuge residences and structures, and within a 2-
mile (3.2 km) radius of both the refuge headquarters and the 10 mile (16 
km) Antelope Wildlife Drive.
    B. Upland Game Hunting. We allow hunting of cottontail rabbit, 
coyote, and skunk on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We only require a refuge permit to hunt coyote during April and 
May. Permits are available at refuge headquarters.
    2. Conditions A1 through A3 apply.
    3. Hunting groups using more than four horses must possess and carry 
a refuge permit.
    4. Each hunter using horses must provide water and feed and clear 
all horse manure from all campsites.
    C. Big Game Hunting. We allow hunting of mule and white-tailed deer, 
javelina, and feral hog on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only hunt feral hog during big game seasons. Each hunter 
must possess and carry a valid hunting license and big game permit for 
the season in progress. There is no bag limit.
    2. Conditions A1 through A3 and B3 apply.
    D. Sport Fishing. [Reserved]

                 Cabeza Prieta National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. 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.

[[Page 240]]

    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/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. We allow hunting of mourning and 
whitewinged dove, duck, coot, moorhen, goose, and common snipe on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit falconry.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. You may not hunt within 50 yards (45m) of any building or public 
road.
    4. We prohibit target shooting or the discharge of any weapon except 
to hunt.
    5. We prohibit possession of firearms except while hunting.
    6. We prohibit the construction or use of pits and permanent blinds 
(see Sec. 27.92 of this chapter).
    7. You must remove temporary blinds, boats, hunting equipment, and 
decoys from the refuge following each day's hunt (see Sec. Sec. 27.93 
and 27.94 of this chapter).
    8. We prohibit retrieving game from closed areas. You may retrieve 
game from areas closed to hunting, but otherwise open to entry, as long 
as you possess no firearms or other means of take.
    9. Anyone hired to assist or guide hunter(s) must obtain, possess, 
and carry a valid Special Use Permit issued by the refuge manager.
    10. We prohibit hunting on those refuge lands within the Lake Havasu 
City limits.
    11. The following conditions apply only to Pintail Slough (all 
refuge lands north of North Dike):
    i. We require a fee for waterfowl hunting. You must possess proof of 
payment (refuge permit) while hunting.
    ii. Waterfowl hunters must hunt within 25 feet (7.5 m) of the 
numbered post of their assigned blind.
    iii. We limit the number of persons at each waterfowl hunt blind to 
three. Observers cannot hold shells or guns unless in possession of a 
valid State hunting license and stamps.
    iv. We limit the number of shells a waterfowl hunter may possess to 
25.
    v. Waterfowl hunters must possess at least 12 decoys per blind.
    vi. You may use only dead vegetation or materials brought from off 
refuge for making or fixing hunt blinds. We prohibit the cutting, 
pulling, marking or removing vegetation (see Sec. 27.51 of this 
chapter).
    vii. Waterfowl hunters must be at their blind at least 45 minutes 
before legal shoot time and not leave their blind until 10:00 am MST.
    viii. Waterfowl hunting ends at 12:00 p.m. (noon) MST. Hunters must 
be out of the slough area by 1:00 p.m. MST.
    ix. We allow hunting in the juniors-only waterfowl season.
    x. We allow dove hunting only during the September season.
    12. The following conditions apply to all waters of the lower 
Colorado River within the Havasu NWR:
    i. We close designated portions of Topock Marsh to all entry from 
October 1 through the last day of the waterfowl hunt season (including 
the State junior waterfowl hunt).

[[Page 241]]

These areas are indicated in refuge brochures and identified by buoys 
and/or signs.
    ii. We prohibit hunting in the waters of the Colorado River and on 
those refuge lands within 1/4 mile (.4 km) of the waters of the Colorado 
River from and including Castle Rock Bay north to Interstate 40.
    iii. We allow hunting on refuge lands and waters south of Castle 
Rock Bay to the north boundary of the Lake Havasu City limits.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A10, A11vi., and A12 apply.
    2. We prohibit the possession or use of rifles.
    3. We allow hunting of quail in Pintail Slough prior to and 
following the State waterfowl season (The State waterfowl season 
includes the State general waterfowl season, the days between the 
juniors-only waterfowl hunt and the general State waterfowl season, and 
the juniors-only waterfowl hunt.).
    4. We allow hunting of cottontail rabbit in Pintail Slough prior to 
and following the State waterfowl season (The State waterfowl season 
includes the State general waterfowl season, the days between the 
juniors-only waterfowl hunt and the general State waterfowl season, and 
the juniors-only waterfowl hunt.).
    C. Big Game Hunting. We allow hunting of bighorn sheep on those 
refuge lands in Arizona Wildlife Management Area 16B in accordance with 
State regulations subject to the following conditions:
    1. Conditions A3 through A9 and A12ii apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations (Colorado River specific 
regulations apply) subject to the following conditions:
    1. We prohibit the use of all air-thrust boats or air-cooled 
propulsion engines, including floating aircraft.
    2. We prohibit overnight boat mooring and shore anchoring unless 
actively fishing as defined by State regulations (see Sec. 27.93 of 
this chapter).
    3. Anyone hired to assist or guide anglers must obtain, possess, and 
carry a valid Special Use Permit issued by the refuge manager.
    4. The following apply only on Topock Marsh:
    i. We close designated portions to all entry from October 1 through 
the last day of the waterfowl hunt season (including the State junior 
waterfowl hunt).
    ii. We close designated portions to all entry from April 1 through 
August 31. These areas are indicated in refuge brochures and identified 
by buoys and or signs.
    iii. We prohibit personal watercraft (PWC, as defined by State law).
    5. The following apply to all waters of the Colorado River within 
Havasu NWR from the south regulatory buoy line to the north regulatory 
buoy line at Interstate 40 (approximately 17 miles [27.2 km]).
    i. We prohibit personal watercraft (PWC, as defined by State law) as 
indicated by signs or regulatory buoys in all backwaters.
    ii. We limit watercraft speed as indicated by signs or regulatory 
buoys to no wake (as defined by State law) in all backwaters.
    iii. We prohibit water-skiing, tubing, wake boarding, or other 
recreational-towed devices.
    6. The following apply to the Mesquite Bay areas of Lake Havasu.
    i. We prohibit entry of all watercraft (as defined by State law) in 
all three bays as indicated by signs or regulatory buoys.
    ii. The Mesquite Bays are Day Use Only areas and open from 1 hour 
before legal sunrise to 1 hour after legal sunset.

                    Imperial National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of mourning and 
white-winged dove, duck, coot, moorhen, goose, and common snipe 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. We allow hunting of quail, cottontail 
rabbit, coyote, and fox 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. You may possess only approved nontoxic shot while hunting quail 
and cottontail rabbit (see Sec. 32.2(k).
    3. We allow cottontail rabbit hunting from September 1 to the close 
of the State quail season.
    4. We require Special Use Permits for hunting coyote and fox.
    5. We allow coyote and fox hunting only during the State quail 
season.
    C. Big Game Hunting. We allow hunting of mule deer and desert 
bighorn sheep on designated areas of the refuge.
    D. Sport Fishing. We allow fishing and frogging for bullfrog on 
designated areas of the refuge subject to the following condition: We 
close posted portions of Martinez Lake and Ferguson Lake to entry from 
October 1 through the last day of February.

[[Page 242]]

                      Kofa National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of mourning and 
white-winged dove on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow only shotguns.
    2. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A2 apply.
    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; 69 FR 54362, 54365, 
Sept. 8, 2004; 70 FR 54159, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, snipe, woodcock, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign, possess, and carry the permits at all times.
    2. We allow hunting of duck, goose, and coot daily until 12 p.m. 
(noon) throughout the State seasons, except for season closures on the 
Farm Unit during Gun Deer Hunt and for the exception provided in A3.
    3. We allow hunting for goose from \1/2\ hour before sunrise until 
legal sunset after the closing of the duck season in January for the 
remainder of the State goose season(s) and Snow, Blue, and Ross' Goose 
Conservation Orders.
    4. We allow hunting for dove, snipe, and woodcock when their seasons 
correspond with duck and/or goose seasons.
    5. We prohibit commercial hunting/guiding.
    6. You may only possess approved nontoxic shot shells while in the 
field (see Sec. 32.2(k)) in quantities of 25 or less. The possession 
limit includes shells located in/on vehicles and other personal 
equipment.
    7. We prohibit hunting closer than 100 yards (90 m) to another 
hunter or hunting party.
    8. You must remove decoys, blinds, boats, and all other equipment 
(see Sec. 27.93 of this chapter) daily by 2:00 p.m.
    9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. 
and access the refuge at 5 a.m.
    10. Hunters may leave boats with the owner's name and address 
permanently displayed or valid registration on the refuge from March 1 
through October 31.
    11. We prohibit possession of or marking trails with materials other 
than biodegradable paper flagging or reflective tape/tacks.
    12. We prohibit building or hunting from permanent blinds.
    13. We prohibit cutting of holes or manipulation of vegetation 
(i.e., cutting bushes, mowing, weed-eating, herbicide use, etc.) and 
hunting from manipulated areas (see Sec. 27.51 of this chapter).
    14. We allow retriever dogs.
    15. You must unload firearms (see Sec. 27.42(b) of this chapter) 
when carried in/on land vehicles or boats under power.
    16. We allow waterfowl hunting from roads and levees.
    17. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. For migratory bird hunting, one adult may supervise no more 
than two youth hunters.
    18. We prohibit target practice or nonhunting discharge of firearms 
(see Sec. 27.42 of this chapter).
    19. We only allow vehicle use on established roads and trails (see 
Sec. 27.31 of this chapter). We limit vehicle access on the Mingo Creek 
Unit to ATV use, only on marked ATV trails. You may use conventional 
vehicles on the Farm Unit from March

[[Page 243]]

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

[[Page 244]]

    18. We only allow Gun Deer Hunt permit holders on the Farm Unit 
during the Gun Deer Hunt.
    19. We close Waterfowl Sanctuaries to all entry and hunting from 
November 15 to February 28, except for Gun Deer Hunt permit holders, who 
may hunt the sanctuary when the season overlaps with these dates.
    20. An adult not less than age 21 must supervise and remain within 
sight and normal voice contact of hunters age 15 and under. For big game 
hunting, one adult may only supervise one youth.
    D. Sport Fishing. We allow fishing and frogging in accordance with 
State regulations subject to the following conditions:
    1. Conditions A5, A19, A21, and A22 apply.
    2. We close waterfowl sanctuaries to all entry and fishing/frogging 
from November 15 to February 28. We also close the Farm Unit to all 
entry and fishing during the Gun Deer Hunt.
    3. You may leave boats with the owner's name and address permanently 
displayed or valid registration on the refuge from March 1 to October 
31. We prohibit use of boats from 12 p.m. (midnight) to 5 a.m. during 
duck season.
    4. We prohibit commercial fishing.
    5. We limit nighttime use to anglers fishing/frogging with fishing 
and/or frogging tackle only.
    6. We prohibit mooring houseboats to the refuge bank on the Red 
River.

                    Big Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, nutria, coyote, beaver, and opossum on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We require refuge hunt permits. The permits are nontransferable 
and anyone on refuge land in possession of hunting equipment must sign 
and carry the permit at all times.
    2. We prohibit firearms (see Sec. 27.42 of this chapter) on the 
refuge, except during refuge squirrel, rabbit, and raccoon seasons. We 
provide annual season dates in the refuge hunting brochure/permit.
    3. You may take nutria, beaver, and coyote during any refuge hunt 
with the firearm allowed for that hunt, subject to State seasons.
    4. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
For small game hunts, one adult may supervise no more than two youth 
hunters.
    5. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    6. You may take opossum during a raccoon hunt.
    7. We prohibit dogs except for raccoon hunting. We prohibit pleasure 
running or training of dogs (see Sec. 26.21(b) of this chapter).
    8. You may only possess shotguns with approved nontoxic shot (see 
Sec. 32.2(k)) and rifles firing .22 caliber rimfire ammunition.
    9. You must unload and case firearms (see Sec. 27.42(b) of this 
chapter) while in a vehicle, on any refuge road, parking area, or boat 
ramp.
    10. We prohibit firearms south of Highway 18 and at the Brights 
Landing boat access.
    11. We prohibit boats from November 1 through February 28, except on 
that portion of the refuge open for public fishing with electric motors 
and Ditch 28.
    12. We prohibit hunting from mowed or gravel roads.
    13. We prohibit ATVs (see Sec. 27.31(f) of this chapter).
    14. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions B1, and B11 through B14 apply.
    2. We allow archery/crossbow hunting for white-tailed deer. We 
provide annual season dates in the hunt brochure/permit.
    3. Hunters may only possess long, recurve, compound, or crossbows. 
We prohibit possession of firearms (see Sec. 27.42 of this chapter) by 
archery/crossbow hunters.
    4. We prohibit dogs.
    5. We prohibit possession of or marking trails with materials other 
than biodegradable paper/flagging or reflective tape/tacks.
    6. Upon harvest of deer, hunters must immediately record the deer 
zone 030 on their license and later on official check station records.
    7. Hunters must check out (check harvested deer) at the Hunter 
Information Station.
    8. We only allow portable tree stands, and you must remove them 
daily (see Sec. 27.93 of this chapter).
    9. We prohibit driving metal or other objects into trees or hunting 
from trees in which objects have been driven (see Sec. 32.2(i)).
    10. We prohibit cutting, pruning, or trimming vegetation (see Sec. 
27.51 of this chapter).
    11. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    12. Hunters may enter the refuge no earlier than 1 hour before legal 
shooting time and depart no later than 1 hour after legal shooting time.
    13. An adult age 21 or older must supervise and remain within sight 
and normal voice contact of hunters age 15 and under. For big

[[Page 245]]

game hunts, one adult may supervise no more than 1 youth.
    D. Sport Fishing. Fishing and frogging are permitted on designated 
areas of the refuge subject to the following conditions:
    1. We prohibit the use of limb lines and jug fishing.
    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. We prohibit ATVs, airboats, personal watercraft, Jet Skis, and 
hovercraft (see Sec. 27.31(f) of this chapter).
    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.
    8. We prohibit possessing turtles (see Sec. 27.21 of this chapter).

                  Cache River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, snipe, woodcock, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge hunting permits. These permits are 
nontransferable, and anyone on the refuge in possession of hunting 
equipment must sign and carry the permit at all times.
    2. We allow hunting of duck, goose, and coot daily until 12 p.m. 
(noon) throughout the State seasons, except for refugewide season 
closures during Gun Deer Hunt and the exception provided in A3.
    3. We allow hunting for goose from \1/2\ hour before legal sunrise 
to legal sunset after the close of duck season in January for the 
remainder of the State goose season(s) and Snow, Blue and Ross' Goose 
Conservation Order.
    4. We allow hunting for dove, snipe, and woodcock when their seasons 
correspond with duck and/or goose seasons.
    5. No person, including but not limited to, a guide, guide service, 
outfitter, club, or other organization, will provide assistance, 
services, or equipment on the refuge to any other person for 
compensation unless such guide, guide service, outfitter, club, or 
organization has obtained a Special Use Permit from the refuge. For the 
purposes of this regulation, we will consider any fees or services 
rendered to a person for lodging, meals, club membership or similar 
services as compensation.
    6. We prohibit hunting, taking, possessing, or attempting to take 
wildlife with a guide, guide service, outfitter, club, or organization 
providing assistance, service, or equipment who does not possess and 
carry the required refuge Special Use Permit.
    7. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    8. You must remove decoys, blinds, boats, and all other equipment 
(see Sec. 27.93 of this chapter) daily by 2 p.m.
    9. Waterfowl hunters may enter the refuge parking areas at 4:45 a.m. 
and access the refuge at 5 a.m.
    10. We prohibit boats on the refuge from 12 p.m. (midnight) to 5 
a.m. during duck season.
    11. We prohibit possession of or marking trails with materials other 
than biodegradable paper, flagging, or reflective tape/tacks.
    12. We prohibit building, or hunting from, permanent blinds.
    13. We prohibit cutting of holes or other manipulation of vegetation 
(e.g., cutting bushes, mowing, weed-eating, herbicide use, and other 
actions) or hunting from manipulated areas (see Sec. 27.51 of this 
chapter).
    14. We allow retriever dogs.
    15. You must unload firearms when carried in/on land vehicles or 
boats under power (see Sec. 27.42(b) of this chapter).
    16. We allow waterfowl hunting on flooded roads.
    17. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. For migratory bird hunting, one adult may supervise no more 
than two youth hunters.
    18. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    19. We prohibit ATVs except on established roads used by 
conventional vehicles on refuge lands south of Highway 38. We prohibit 
driving around a locked gate, barrier, or beyond a sign closing a road 
to vehicular traffic. We only allow vehicle use on established roads 
(see Sec. 27.31 of this chapter).
    20. We prohibit entry into or hunting in Waterfowl Sanctuaries from 
November 15 through February 28.
    21. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    22. We close all other hunts during the Gun Deer Hunt. We only allow 
Gun Deer Hunt permit holders on the refuge during this hunt.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, opossum, beaver, muskrat, nutria, armadillo, coyote, and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A5, A6, A7, A11, A15, A17 (for upland game hunts, 
the adult may supervise no more than two youth hunters), and A18 through 
A21 apply.
    2. Fall squirrel season corresponds with the State season on all 
refuge hunt units except

[[Page 246]]

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

[[Page 247]]

    19. We will close refuge lands located in Flood Prone Region D to 
all deer hunting when the White River gauge at Clarendon reaches 28 feet 
(8.4 m), as reported by the National Weather Service in the Arkansas 
Democrat Gazette, and reopen them when the same gauge reading in this 
newspaper falls to or below 27 feet (8.1 m).
    20. We close all other hunts during the Gun Deer Hunt. We only allow 
Gun Deer Hunt permit holders on the refuge during this hunt.
    21. An adult not less than age 21 must supervise and remain within 
sight and normal voice contact of hunters age 15 and under. For big game 
hunting, one adult may only supervise one youth.
    D. Sport Fishing. We allow fishing and frogging in accordance with 
State regulations subject to the following conditions:
    1. We close waterfowl sanctuaries to all entrance and fishing/
frogging from November 15 to February 28. We prohibit refugewide entry 
and fishing during the Gun Deer Hunt.
    2. Conditions A19, A21, B9, and B10 apply.
    3. We require a Special Use Permit for all commercial fishing 
activities on the refuge.
    4. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), and 
airboats.

                   Felsenthal National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunting of duck, goose, and coot during the State duck 
season except during scheduled quota refuge Gun Deer Hunts. We allow 
hunting of woodcock during the State season. Dates for quota deer hunts 
are typically in November, and we publish them annually in the refuge 
hunt brochure.
    2. Hunting of duck, goose, and coot ends at 12 p.m. (noon) each day.
    3. We only allow portable blinds. You must remove all duck hunting 
equipment (portable blinds, boats, guns, and decoys) (see Sec. 27.93 of 
this chapter) from the hunt area by 1:30 p.m. each day.
    4. You may only possess approved nontoxic shells (see Sec. 32.2(k)) 
in quantities of 25 or less each day during waterfowl season; hunters 
may not discharge more than 25 shells per day.
    5. We close areas of the refuge posted with ``Area Closed'' signs 
and identify them on the refuge hunt brochure map as a Waterfowl 
Sanctuary and closed to all public entry and public use during waterfowl 
hunting season. Exception: we open the Waterfowl Sanctuary to all 
authorized activities during the September teal season.
    6. No person will utilize the services of a guide, guide service, 
outfitter, club, organization, or other person who provides equipment, 
services, or assistance on Refuge System lands for compensation unless 
the guide, guide services, outfitter, club, organization, or person has 
obtained a Special Use Permit from the refuge. It is the responsibility 
of the hunter to verify that the guide has the required Special Use 
Permit; failure to comply with this provision subjects each hunter in 
the party to a fine if convicted of this violation.
    7. You must possess and carry a refuge hunt brochure permit. These 
hunt brochure permits are available in unlimited qualitites at the 
refuge office, brochure dispensers at multiple locations throughout the 
refuge, and at area businesses.
    8. We prohibit possession and/or use of herbicides.
    9. We prohibit marking trails with tape, ribbon, paint, or any other 
substance other than biodegradable materials.
    10. We prohibit possession or use of alcoholic beverage(s) while 
hunting (see Sec. 32.2(j)). We prohibit consumption or possession of 
opened container(s) of alcoholic beverage(s) in parking lots, on 
roadways, and in plain view in campgrounds.
    11. All persons born after 1968 must posses a valid hunter education 
card in order to hunt.
    12. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. One adult may supervise no more than two youth hunters.
    13. We only allow ATVs for wildlife-dependent activities such as 
hunting and fishing. We restrict ATVs to designated times and designated 
trails (see Sec. 27.31 of this chapter) marked with signs and paint. We 
identify these trails and the dates they are open for use in the refuge 
hunt brochure. We limit ATVs to those having an engine displacement size 
not exceeding 700cc. We limit ATV tires to those having a centerline lug 
depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV 
trails (when open to motor vehicle and ATV traffic respectively) as a 
mode of transportation for on-refuge, wildlife-dependent activities.
    14. We prohibit hunting within 150 feet (45 m) of roads and trails 
(see Sec. 27.31 of this chapter) open to motor vehicle use (including 
ATV trails).
    15. We prohibit target practice with any weapon or any nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    16. We only allow camping at designated primitive campground sites 
identified in the refuge hunt brochure, and we restrict camping to 
individuals involved in wildlife-dependent refuge activities. Campers 
may stay no more than 14 days during any 30 consecutive-day period in 
any campground and must occupy camps daily. We prohibit all 
disturbances, including use of generators, after 10 p.m. You must unload 
all weapons (see

[[Page 248]]

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

[[Page 249]]

pits along Highway 82. We post the Waterfowl Sanctuary area with ``Area 
Closed'' signs and identify those areas in refuge hunt brochures.
    3. You must reset trotlines when receding water levels expose them.
    4. We prohibit consumption or possession of opened container(s) of 
alcoholic beverage(s) in parking lots, on roadways, and in plain view in 
campgrounds (see Sec. 32.2(j)).

                   Holla Bend National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, beaver, armadillo, coyote, and bobcat on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign, possess, and carry the permits at all times.
    2. You may only take all upland game mentioned above during the 
refuge archery season.
    3. We allow gun hunting of raccoon and opossum with dogs every 
Thursday, Friday, and Saturday until legal sunrise during the month of 
February. We prohibit pleasure running or training of dogs (see Sec. 
26.21(b) of this chapter).
    4. You must unload and case firearms (see Sec. 27.42(b) of this 
chapter) when traveling in vehicles on refuge roads.
    5. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42(a) of this chapter).
    6. We prohibit possession or use of alcoholic beverages.
    7. We only allow ATVs for disabled hunters with a refuge ATV permit.
    8. We prohibit the use of horses.
    9. We prohibit hunting from a vehicle.
    10. We only allow vehicle use on established roads and trails (see 
Sec. 27.31 of this chapter).
    11. Hunters must enter and exit the refuge from designated roads and 
parking areas.
    12. We prohibit hunting within 150 feet (45 m) of roads and trails 
open to public use.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions B1 and B4 through B12 apply.
    2. Archery/crossbow season for deer and turkey begins October 1 and 
continues through November 30.
    3. Spring archery/crossbow season for turkey has the same dates as 
the State season.
    4. The firearms spring youth hunt for turkey is the same as the 
State. We restrict hunting to youths under age 16. One adult age 18 or 
older must accompany one youth hunter. We must receive applications for 
hunts by the last day of January.
    5. We only allow portable deer stands. You may erect stands 2 days 
before the start of the season and must remove the stands from the 
refuge within 2 days after the season ends (see Sec. 27.93 of this 
chapter).
    6. You must permanently affix the owner's name and address to all 
deer stands on the refuge.
    7. We prohibit the use of dogs.
    8. We prohibit marking trees or trails with plastic or paint.
    9. We prohibit hunting from paved, graveled, and mowed roads and 
mowed trails (see Sec. 27.31 of this chapter).
    10. We prohibit hunting with the aid of bait, salt, or ingestible 
attractant (see Sec. 32.2(h)).
    11. We prohibit all forms of organized drives.
    12. You must check all game at the refuge check station.
    D. Sport Fishing. We allow sport fishing in accordance with State 
regulations subject to the following conditions:
    1. Conditions B6, B7, B8, and B10 apply.
    2. Waters of the refuge are only open for fishing March 1 through 
October 31 during daylight hours.
    3. We do not require a permit to fish but do require an entrance 
pass to the refuge.
    4. We limit free-floating fishing devices, trotlines, and tree limb 
devices to 20 per person. Each device must have the angler's name and 
address.
    5. You must reset trotlines and limb lines when receding water 
levels expose them.
    6. We prohibit leaving trotlines and other self-fishing devices 
overnight or unattended.
    7. We only allow bow fishing during daylight hours during August.
    8. We prohibit commercial fishing.
    9. We prohibit possessing turtles (see Sec. 27.21 of this chapter).
    10. We prohibit hovercraft, personal watercraft (Jet Skis, etc.), 
and airboats.

                    Overflow National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunting of duck, goose, and coot during the State duck 
season. We do not open during the September teal season. We allow 
hunting of woodcock during the State season.
    2. Hunting of duck, goose, and coot ends at 12 p.m. (noon) each day.
    3. We only allow portable blinds. You must remove portable blinds, 
boats, and decoys from the hunt area each day (see Sec. 27.93 of this 
chapter).
    4. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or

[[Page 250]]

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

[[Page 251]]

    5. We only allow portable deer stands. You may erect stands 2 days 
before each hunt, but you must remove them within 2 days after each hunt 
(see Sec. 27.93 of this chapter).
    6. We prohibit horses and mules during the muzzleloader deer hunt.
    7. We allow spring archery turkey hunting during the State spring 
turkey season. See State regulations for appropriate zones.
    8. We do not open for the fall turkey archery season and spring 
turkey gun season.
    9. We do not open for the gun deer season and December muzzleloader 
deer season.
    10. An adult age 21 or older must accompany and be within sight and 
normal voice contact of hunters age 15 and under. One adult may 
supervise no more than one youth hunter.
    11. We prohibit the use of deer decoy(s).
    D. Sport Fishing. [Reserved]

                   Pond Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, coot, and 
goose on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting of migratory game birds during the State duck 
seasons, except we close during scheduled quota refuge Gun Deer Hunts. 
Dates for quota deer hunts are typically in November, and we publish 
them annually in the refuge hunt brochure. We do not open for the 
September teal season.
    2. Hunting ends at 12 p.m. (noon) each day.
    3. We only allow portable blinds. You must remove portable blinds, 
boats, and decoys from the hunt area each day (see Sec. 27.93 of this 
chapter).
    4. No person will utilize the services of a guide, guide service, 
outfitter, club, organization, or other person who provides equipment, 
services, or assistance on Refuge System lands for compensation. Failure 
to comply with this provision subjects each hunter in the party to a 
fine if convicted of this violation.
    5. We require a refuge hunt brochure permit; multiple copies of this 
permit are available at the refuge office, brochure dispensers at 
multiple locations throughout the refuge, and at area businesses. You 
must possess and carry a signed permit when hunting on the refuge.
    6. We prohibit possession and/or use of herbicides (see Sec. 27.51 
of this chapter).
    7. We prohibit marking trails with tape, ribbon, paint, or any other 
substance other than biodegradable materials.
    8. We prohibit possession or use of alcoholic beverage(s) while 
hunting (see Sec. 32.2(j)). We prohibit consumption or possession of 
opened container(s) of alcoholic beverage(s) in parking lots, on 
roadways, and in plain view in campgrounds.
    9. All persons born after 1968 must possess a valid hunter education 
card in order to hunt.
    10. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. One adult may supervise no more than two youth hunters.
    11. We only allow ATVs for wildlife-dependent activities such as 
hunting and fishing. We restrict ATVs to designated times and designated 
trails (see Sec. 27.31 of this chapter) marked with signs and paint. We 
identify those trails and the dates they are open for use in the refuge 
hunt brochure. We limit ATVs to those having an engine displacement size 
not exceeding 700cc. We limit ATV tires to those having a centerline lug 
depth not exceeding 1 inch (2.5 cm). You may use horses on roads and ATV 
trails (when open to motor vehicle and ATV traffic respectively) as a 
mode of transportation for on-refuge, wildlife-dependent activities.
    12. We prohibit hunting within 150 feet (45 m) of roads and trails 
(see Sec. 27.31 of this chapter) open to motor vehicle use (including 
ATV trails).
    13. We prohibit target practice with any weapon or any nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    14. We only allow camping at designated primitive campground sites 
identified in the refuge hunt brochure. We restrict camping to the 
individuals involved in refuge wildlife-dependent activities. Campers 
may stay no more than 14 days during any consecutive 30-day period in a 
campground and must occupy the camps daily. We prohibit all 
disturbances, including use of generators, after 10 p.m. You must unload 
all weapons (see Sec. 27.42(b) of this chapter) within 100 yards (90 m) 
of a campground.
    15. You may take beaver, nutria, feral hog, and coyote during any 
daytime refuge hunt with weapons and ammunition allowed for that hunt. 
We prohibit the use of dogs. There is no bag limit. You may not 
transport live hogs.
    16. We prohibit blocking of gates and roadways (see Sec. 27.31(h) 
of this chapter).
    17. We allow the use of retriever dogs.
    18. You must unload and case firearms (see Sec. 27.42(b) of this 
chapter) transported in any land vehicle, boat under power, or on 
horses. We define ``loaded'' as shells in the gun or cap on a 
muzzleloader.
    19. We prohibit the use or possession of any electronic call or 
other electronic device used for producing or projecting vocal sounds of 
any wildlife species.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, and beaver on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We allow hunting during State seasons (see State regulations for 
appropriate zone)

[[Page 252]]

for the species listed above through January 31. We annually list 
specific hunting season dates and quota Gun Deer Hunt dates in the 
refuge hunt brochure. We close upland game hunting during refuge quota 
Gun Deer Hunts.
    2. We do not open to spring squirrel season and summer/early fall 
racoon season.
    3. Conditions A4 through A16, A18, and A19 apply.
    4. We prohibit possession of lead ammunition, except that you may 
use rimfire rifle lead ammunition no larger than .22 caliber for upland 
game hunting. We prohibit possession of shot larger than that legal for 
waterfowl hunting.
    5. You may use dogs for squirrel and rabbit hunting December 1 
through January 31. You may also use dogs for raccoon/opossum hunting 
during open season on the refuge for these species. At other times you 
must keep dogs and other pets on a leash or confined (see Sec. 26.21(b) 
of this chapter).
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow archery deer hunting on the refuge from the opening of 
the State season through January 31 (see State regulations for 
appropriate zone).
    2. Conditions A4, A5 (for archery deer and muzzleloader deer hunts 
and spring turkey hunts), A6 through A9, A11 through A16, A18, and A19 
apply.
    3. We close archery deer hunting during the quota Gun Deer Hunts.
    4. We allow muzzleloader deer hunting during the October State 
muzzleloader season for this deer management zone. The bag limit for the 
October refuge muzzleloader hunt is one buck and one doe.
    5. The refuge will conduct one 2-day quota Gun Deer Hunt (typically 
in November).
    6. We restrict hunt participants for this quota Gun Deer Hunt to 
those drawn for a quota permit. Hunt dates and application procedures 
will be available at the refuge office in July. The permits are 
nontransferable.
    7. The quota Gun Deer Hunt bag limit is one buck and one doe.
    8. You must check all deer taken during the quota hunt at the refuge 
deer check station on the same day of kill. You must keep carcasses of 
deer taken intact (you may remove entrails) until checked.
    9. We prohibit horses and mules during refuge muzzleloader and quota 
deer hunts.
    10. We open spring archery turkey hunting during the State spring 
turkey season for this zone. The State bag limit for this turkey hunt 
applies. We do not open for fall archery turkey season.
    11. We close spring archery turkey hunting during scheduled turkey 
quota permit gun hunts.
    12. The refuge will conduct one 2-day, youth-only (age 15 and 
younger at the beginning of the spring turkey season) quota spring 
turkey hunt and one 3-day spring quota turkey hunt (typically in April). 
Specific hunt dates and application procedures will be available in 
January. We restrict hunt participants on these hunts to those drawn for 
a quota permit, except that during the youth hunt, a nonhunting adult 
age 21 or older must accompany the youth hunter.
    13. We prohibit the use of buckshot for gun deer hunting.
    14. You may only use portable deer stands erected 2 days before each 
hunt, but you must remove them within 2 days after each hunt (see Sec. 
27.93 of this chapter).
    15. An adult age 21 or older must accompany and be within sight and 
normal voice contact of hunters age 15 and under. One adult may 
supervise no more than one youth hunter during big game hunts.
    16. We prohibit the use of deer decoy(s)
    D. Sport Fishing. We allow fishing, frogging, and the taking of 
crawfish for personal use on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must reset trotlines when exposed by receding water levels.
    2. Conditions A4, A6, A7, A11, A14, and A16 apply.
    3. We prohibit consumption or possession of opened container(s) of 
alcoholic beverage(s) in parking lots, on roadways, and in plain view in 
campgrounds (see Sec. 32.2(j)).

                   Wapanocca National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of snow geese on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require refuge hunting permits. The permits are 
nontransferable and anyone on refuge land in possession of hunting 
equipment must sign and carry them at all times.
    2. We provide annual season dates on the hunt brochure/permit.
    3. You must sign in prior to the hunt and sign out after the hunt at 
the Hunter Information Station.
    4. You must adhere to all public use special conditions and 
regulations on the annual hunt brochure/permit.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, nutria, beaver, coyote, feral hog, and opossum in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1, A3, and A4 apply.
    2. We allow shotguns using approved nontoxic shot (see Sec. 
32.2(k)) and .22 long-rifle caliber rifles. We prohibit possession of 
lead shot and .22 magnum caliber rifles.

[[Page 253]]

    3. We provide annual season dates for squirrel, rabbit, raccoon, and 
opossum hunting on the hunt brochure/permit.
    4. You may take nutria, beaver, feral hog, and coyote during any 
refuge hunt with the firearm allowed for that hunt, subject to State 
seasons on these species.
    5. We prohibit dogs except for raccoon hunting where we require 
them. We prohibit pleasure running or training of dogs.
    6. We allow raccoon hunters to use horses/mules but prohibit their 
use by other refuge hunters and visitors.
    7. We prohibit hunting from or within 50 yards (45 m) of graveled 
roads and within 150 yards (135 m) of refuge buildings.
    C. Big Game Hunting. We allow hunting of big game on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1 and A4 and B4 apply.
    2. We prohibit hunting from or within 50 yards (45 m) of graveled 
roads and within 150 yards (135 m) of refuge buildings.
    3. We specify annual season dates, bag limits, and hunting methods 
on the annual hunting brochure/permit.
    4. Immediately record the deer zone 640 on the hunter's license and 
later on official check station records upon harvest of a deer.
    5. You must sign in prior to the hunt and sign out after the hunt at 
the Hunter Information Station. You must check harvested deer at this 
location.
    6. We prohibit dogs.
    7. We allow only single-person portable tree stands. You may place 
tree stands on the refuge 2 days before the hunt but must remove them 
within 2 days after the hunt. You must permanently affix the owner's 
name and address on stands left on the refuge.
    8. We prohibit possession of or marking trails with materials other 
than biodegradable paper/flagging or reflective tape/tacks.
    9. We prohibit ATVs.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing from March 15 through October 31 from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    2. We prohibit fishing in Big Creek and other ditches that flow 
through the refuge.
    3. We prohibit the possession or use of live carp, shad, buffalo, or 
goldfish for bait.
    4. We prohibit the possession or use of yo-yos, jugs, or other 
floating containers, drops or limb lines, trotlines, or commercial 
fishing tackle.
    5. We prohibit fishing within 100 yards (90 m) of any refuge 
building.
    6. We allow bank fishing but you must park vehicles in designated 
parking areas.
    7. We prohibit the taking of frogs, mollusks, and turtles (see Sec. 
27.21 of this chapter).
    8. You must use the public boat ramp off Highway 77 to launch boats 
into Wapanocca Lake.
    9. You must remove all boats daily from the refuge (see Sec. 27.93 
of this chapter). We prohibit airboats, personal watercraft, and 
hovercraft.

                  White River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck and coot on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must sign, possess, and carry a refuge permit.
    2. We allow duck hunting from legal sunrise until 12 p.m. (noon).
    3. We allow retriever dogs.
    4. You must remove blinds, blind material, and decoys (see Sec. 
27.93 of this chapter) from the refuge by 1 p.m. each day.
    5. North Unit waterfowl season and youth waterfowl hunts are 
concurrent with State season dates.
    6. You may take coot, goose, and woodcock during the State season.
    7. We restrict the South Unit waterfowl season to the Jack's Bay 
hunt area as indicated in the general user permit. It is open every 
Tuesday, Thursday, Saturday, and Sunday of the concurrent State season 
dates.
    8. Waterfowl hunters may and access the refuge no earlier than 4:30 
a.m.
    9. The following refuge users (age 16 or older) must sign and 
possess and carry a refuge general user permit and a refuge fee permit 
($12.00): hunters, anglers, campers, and ATV users.
    10. We prohibit boating December 1 through January 31 in the South 
Unit Waterfowl Hunt Area, except during designated waterfowl hunt days 
between 5 a.m. and 1 p.m.
    11. We prohibit marking trails with materials other than 
biodegradable paper flagging or reflective tape/tacks.
    12. We prohibit use and/or possession of alcoholic beverages while 
hunting (see Sec. 32.2(j)).
    13. We prohibit cutting of holes in or other manipulation of 
vegetation or hunting in such areas (see Sec. 27.51 of this chapter).
    14. We prohibit waterfowl hunting on Kansas Lake Area.
    15. We prohibit loaded weapons in a vehicle or boat while under 
power (see Sec. 27.42(b) of this chapter). We define ``loaded'' as a 
muzzleloader containing a cap or any type of ignition device, 
cartridges, or shells in a magazine, or cartridges or shells in a 
chamber of a weapon.
    16. We allow duck hunting on specific scattered tracts of land, in 
accordance with the North Unit regulations. Consult the refuge office 
for further information.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
beaver, coyote, raccoon,

[[Page 254]]

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

[[Page 255]]

Arkansas Power and Light Company powerline right-of-way; and all refuge-
owned waters located north of Arkansas Highway 1. We open all other 
refuge waters to sport fishing from March 1 through November 30 unless 
posted otherwise.
    3. We require a refuge Special Use Permit to fish with any type 
tackle other than hook and line.
    4. We allow frogging on all refuge-owned waters open for sport 
fishing as follows: We allow frogging on the South Unit from the 
beginning of the State season through November 30; we allow frogging on 
the North Unit for the entire State season.
    5. We allow the use of bow and arrow for taking bullfrogs or fish by 
a refuge Special Use Permit.
    6. We allow crawfishing.
    7. We require a Special Use Permit for all commercial fishing on the 
refuge in addition to compliance with State regulations governing 
commercial fishing.
    8. We allow commercial fishing on the North Unit year-round. We 
prohibit commercial turtling on both the North and South Units year-
round.
    9. We allow commercial fishing on the South Unit October 1 through 
November 30 and annually when the White River exceeds 23.5 feet (7 m) at 
the St. Charles, Arkansas gauge.
    10. We prohibit take or possession of any freshwater mussels, and we 
do not open to mussel shelling.
    11. You must reset trotlines when receding water levels expose them, 
and you cannot leave them unattended. The ends of trotlines must consist 
of a length of cotton line that extends from the points of attachment 
into the water.

[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; 68 FR 57316, Oct. 2, 2003; 69 FR 54362, 54365, Sept. 8, 2004; 69 
FR 55995, Sept. 17, 2004; 70 FR 54160, Sept. 13, 2005]



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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    2. Each hunter may not possess more than 25 shells while in the 
field.
    3. Access to the hunt area is by foot traffic only. We prohibit 
bicycles and other conveyances.
    4. We prohibit building or maintaining fires (see Sec. 27.95 of 
this chapter), except in portable gas stoves.
    5. You may only enter or exit at designated locations (see Sec. 
27.31 of this chapter).
    6. Vehicles may only stop at designated parking areas (see Sec. 
27.31 of this chapter). We prohibit the dropping of passengers or 
equipment or stopping between designated parking areas.
    7. We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking area.
    8. You must restrain dogs on a leash within all designated parking 
areas (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant only in the 
free-roam areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 through A8 apply.
    2. Mobility-impaired hunters should consult with the refuge manager 
for allowed conveyances.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Delevan National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:

[[Page 256]]

    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.
    10. We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking area.
    11. You must restrain dogs on a leash within all designated parking 
areas (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant only in the 
free-roam areas of the refuge in accordance with State regulations 
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.
    8. Conditions A10 and A11 apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

         Don Edwards San Francisco Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting in tidal areas, including salt marshes, sloughs, 
mudflats, and open waters of the San Francisco Bay. Unless posted in the 
field and/or noted below, we allow hunting by boat in all refuge tidal 
areas up to the mean high-water line. We close the following tidal areas 
to hunting and/or shooting:
    i. Newark Slough to hunting and shooting from its source to Hetch-
Hetchy Aqueduct, a distance of 3\1/2\ miles (5.6 km);
    ii. Dumbarton Point Marsh to the Hetch-Hetchy Aqueduct (west side of 
Newark Slough); and
    iii. The headwaters of Mallard Slough (Artesian Slough) in the 
vicinity of the Environmental Education Center to hunting, as designated 
by posted signs.
    2. We allow hunting in the 17 salt evaporation ponds listed below. 
These ponds are surrounded by levees and were formerly part of the San 
Francisco Bay. We have not opened any other ponds.
    i. Ponds R1 and R2 in the Ravenswood Unit. These ponds are located 
on the west side of the Dumbarton Bridge between Ravenswood Slough and 
Highway 84. You may access these ponds only by foot or bicycle from 
either of two trailheads off Highway 84. We prohibit hunting within 300 
feet (90 m) of Highway 84. These ponds will be open 7 days a week.
    ii. Ponds M1, M2, M3, M4, M5, M6, and A19 in the Mowry Slough Unit. 
These ponds are located on the east side of the Bay between Mowry Slough 
and Coyote Creek. You may only access these ponds by boat. You may land 
your boat at specific points on the Bay side of the levee as designated 
by refuge signs. You may pull your boat across the levee from the Bay. 
We prohibit hunting within 300 feet (90 m) of the Union Pacific Railroad 
track. These ponds will be open 7 days a week.
    iii. Ponds AB1, A2E, AB2, A3N, and A3W in the Alviso Unit. These 
ponds are located on the west side of the Bay between Stevens Creek and 
Guadalupe Slough. You must obtain a refuge Special Use Permit to hunt 
these ponds. Access to Ponds AB1 and A2E will be from the Crittenden 
Lane Trailhead in Mountain View. Access to Ponds A3W will be from the 
Carl Road Trailhead in Sunnyvale. Access to Ponds A3N and AB2 is by boat 
from the other ponds. We allow hunting only from existing hunting 
blinds. We allow hunting only on Wednesdays, Saturdays, and Sundays on 
these ponds.
    iv. Ponds A5, A7, and A8N in the Alviso Unit. These ponds are 
located on the south end of the Bay between Guadalupe Slough and Alviso 
Slough. You must obtain a refuge Special Use Permit to hunt these ponds. 
Access is via walking and bicycling from the

[[Page 257]]

Gold Street gate in Alviso. We allow hunting from existing hunting 
blinds and by walking pond levees. We allow hunting only on Wednesdays, 
Saturdays, and Sundays on these ponds.
    3. During the 2 weekends before the opening of the hunt season, you 
may bring a boat into Ponds AB1, A2E, AB2, A3N, A3W, A5, A7, and A8N and 
moor it at a designated site only if authorized by a valid refuge 
Special Use Permit. These boats will be used to access the hunting 
blinds and will stay in the pond during the hunt season. You must remove 
your boat within 2 weeks following the close of the hunt season. We 
allow nonmotorized boats and motorized boats powered by electric or 4-
stroke gasoline motors only.
    4. You may maintain an existing blind in the ponds open to hunting 
if you have a valid refuge Special Use Permit, but the blind will be 
open for general use on a first-come, first-served basis. We prohibit 
pit blinds or digging into the levees (see Sec. 27.92 of this chapter).
    5. You must remove all decoys and other personal property (except 
personal boats authorized by a refuge Special Use Permit) from the 
refuge by legal sunset. You must remove all trash, including shotshell 
hulls, when leaving hunting areas (see Sec. Sec. 27.93 and 27.94 of 
this chapter).
    6. Hunters may enter closed areas of the refuge to retrieve downed 
birds, provided they leave all weapons in a legal hunting area. We 
encourage the use of retriever dogs. You must keep your dog(s) under 
immediate control of the handler at all times (see Sec. 26.21(b) of 
this chapter). Dogs must remain inside a vehicle or be on a leash until 
they are on the ponds or on the levees (Ponds R1, 2, A5, 7, and 8N only) 
as a part of the hunt.
    7. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    8. You must keep firearms unloaded (see Sec. 27.42(b) of this 
chapter) until you are within the designated hunt area.
    9. We prohibit target practice on the refuge or any nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    10. At the Ravenswood Unit only, we only allow portable blinds or 
construction of temporary blinds of natural materials that readily 
decompose. We prohibit collection of these natural materials from the 
refuge (see Sec. 27.51 of this chapter). You must remove portable 
blinds (see Sec. Sec. 27.93 and 27.94 of this chapter) by legal sunset. 
Temporary blinds become available for general use on a first-come, 
first-served basis on subsequent days. We prohibit permanent blinds, pit 
blinds, or digging into the levees (see Sec. 27.92 of this chapter). We 
prohibit entry into closed areas of the refuge prior to the hunt season 
in order to scout for hunting sites or to build blinds.
    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 regulations subject to the following 
conditions:
    1. We allow fishing from land at the Coyote Creek Lagoon in Fremont, 
the Faber-Laumeister Unit in East Palo Alto, the Dumbarton Fishing Pier, 
and along the San Francisco Bay shoreline within \1/2\ mile (0.8 km) of 
the Dumbarton Fishing Pier. We also allow fishing from boats in the Bay 
and major slough channels. We close Mallard Slough to boats from March 1 
through August 31, and we close Mowry Slough from March 15 to June 15. 
We prohibit fishing in salt evaporation ponds or marshes.
    2. We open fishing areas daily (except we close the Dumbarton 
Fishing Pier and adjacent shoreline on Thanksgiving, Christmas, and New 
Year's Day). We open the Dumbarton Fishing Pier from 7 a.m. to 6 p.m. 
November 1 through March 31 and 7 a.m. to 8 p.m. April 1 through October 
31. We open Coyote Creek Lagoon and Faber-Laumeister Unit from legal 
sunrise to legal sunset.
    3. We prohibit the collection of bait of any type from the refuge 
except from the Dumbarton Fishing Pier, where it is legal to collect 
bait for noncommercial purposes.
    4. We prohibit the use of balloons to float hooks and bait farther 
than hand casting.
    5. We prohibit personal watercraft (e.g., Jet Skis, waterbikes) on 
the refuge.

                     Havasu National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                  Humboldt Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, common moorhen, and snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require adults age 18 or older to accompany youth hunters age 
16 and under. No more than three youth hunters may accompany one adult 
hunter.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We prohibit public access into or through closed areas and 
designate closed areas as nonretrieval zones.
    4. You may only use portable blinds in the free-roam hunting areas 
(i.e., all hunt areas except Salmon Creek Unit).
    5. You must remove all blinds, decoys, shell casings, and other 
personal equipment and refuse from the refuge at the end of each day 
(see Sec. Sec. 27.93 and 27.94 of this chapter) .
    6. We require hunters to restrain dogs inside vehicles except when 
using them for authorized hunting purposes (see Sec. 26.21(b) of this 
chapter).
    7. On the Salmon Creek Unit, we allow hunting on Tuesdays and 
Saturdays (except

[[Page 258]]

Federal holidays), and hunters must possess and carry a valid daily 
refuge permit. We issue refuge permits prior to each hunt by random 
drawing conducted at the check station 1\1/2\ hours before legal 
shooting time.
    8. On the Salmon Creek Unit, you may only possess approved nontoxic 
shotshells (see Sec. 32.2(k)) in quantities of 25 or less per day.
    9. On the Salmon Creek Unit, we restrict hunters to within 100 feet 
(30 meters) of the assigned hunt site except for placing and retrieving 
decoys, retrieving downed birds, or traveling to and from the parking 
area. You must unload firearms (see Sec. 27.42(b) of this chapter) 
while transporting them between the parking lot and designated blind 
sites.
    10. We open the waters of Hookton Slough (including Teal Island) and 
White Slough (including Egret Island) to hunting on Saturdays, Sundays, 
Wednesdays, Federal holidays, and the opening and closing day of the 
State waterfowl hunting season. We have not opened the portion of the 
Hookton Slough unit between the dike and Hookton Road to hunting and 
firearms. We have not opened the boat dock on the Hookton Slough Unit to 
hunting and firearms and restrict use to nonmotorized boats only.
    11. We open the Table Bluff Unit (southwest corner of South Bay) to 
hunting.
    12. We open portions of the Eureka Slough and Jacoby Creek Units to 
hunting. We designate the Eureka Slough and Jacoby Creek Units as boat 
access only. On the Eureka Slough and Jacoby Creek Units, we prohibit 
hunting within 100 yards (90 meters) of Highway 101.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following condition: We allow fishing 
from the designated shoreline trail and dock (for nonmotorized boats 
only) at the Hookton Slough Unit from legal sunrise to legal sunset, 
only using pole and line or rod and reel.

                    Imperial National Wildlife Refuge

    Refer to Sec. 32.22 Arizona for regulations.

                      Kern National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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]

[[Page 259]]

                     Merced National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and moorhen on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must unload firearms (see Sec. 27.42(b) of this chapter) 
before transporting them between parking areas and blind sites. Unloaded 
means that no ammunition is in the chamber or magazine of the firearm.
    2. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less per day after leaving the parking 
lot.
    3. Each hunter must remain inside his or her assigned blind, except 
for placing decoys, retrieving downed birds, and traveling to and from 
the parking area. We prohibit shooting from outside the blind.
    4. Dogs must remain under the immediate control of their owners at 
all times (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Modoc National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. On the opening weekend of the hunting season, hunters must 
possess and carry a refuge permit issued through random drawing to 
hunters with advance reservations only.
    2. After the opening weekend of the hunting season, we only allow 
hunting on Tuesdays, Thursdays, and Saturdays. Hunters must check-in and 
out of the refuge by using self-service permits. Hunters must completely 
fill out the ``Refuge Hunt Permit'' portion of the permit and deposit it 
in the drop box prior to hunting. The hunter must possess and carry the 
``Record of Kill'' portion of the permit while on the refuge and turned 
in prior to exiting the hunting area.
    3. In the designated spaced blind area, you must remain within 50 
feet (15 m) of the established blind stake for the blind assigned to 
you.
    4. We require adults age 18 or older to accompany youth hunters age 
15 and under.
    5. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less after leaving the parking area.
    6. In the free-roam hunting areas, you may only use portable blinds 
or blinds constructed of vegetation.
    7. You must remove all blinds, decoys, shell casings, other personal 
equipment, and refuse from the refuge at the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).
    8. Hunters must enter and exit the hunting area from the two 
designated hunt parking lots, which we open 1\1/2\ hours before legal 
sunrise and close 1 hour after legal sunset each hunt day.
    9. We only allow access to the hunt area by foot, bicycle, and 
nonmotorized cart. We prohibit bicycles in the hunt area during the 
opening weekend of the hunting season.
    B. Upland Game Hunting. We allow hunting of pheasant on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We limit hunting to junior hunters only, age 15 or under, 
possessing a valid State Junior Hunting License and refuge Junior 
Pheasant Hunt Permit.
    2. We require adults age 18 or older to accompany junior hunters.
    3. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    4. Hunters must enter and exit the hunting area from the two 
designated hunt parking lots.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing only on Dorris Reservoir in 
accordance with State regulations subject to the following conditions:
    1. We prohibit fishing from October 1 through January 31.
    2. We only allow fishing from legal sunrise to legal sunset.
    3. We only allow walk-in access to Dorris Reservoir from February 1 
through March 31.
    4. We only allow use of boats on Dorris Reservoir from April 1 
through September 30.

                   Sacramento National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations 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

[[Page 260]]

passengers or equipment or stopping between designated parking areas.
    10. We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking area.
    11. You must restrain dogs on a leash within all designated parking 
areas (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant only in the 
free-roam areas on the refuge in accordance with State regulations 
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.
    8. Conditions A10 and A11 apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                Sacramento River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, dove, and snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We only allow shotgun hunting.
    2. You must unload firearms (see Sec. 27.42(b) of this chapter) 
before transporting them between parking areas and hunting areas. 
``Unloaded'' means that no ammunition is in the chamber or magazine of 
the firearm.
    3. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    4. We prohibit hunting within 50 feet (15 m) of any landward 
boundary adjacent to private property.
    5. We prohibit hunting within 150 yards (45 m) of any occupied 
dwelling, house, residence, or other building or any barn or other 
outbuilding used in connection therewith.
    6. Access to the hunt area is by foot traffic or boat only. We 
prohibit bicycles or other conveyances. Mobility-impaired hunters should 
consult with the refuge manager for allowed conveyances.
    7. We prohibit fires on the refuge, except we allow portable gas 
stoves on gravel bars (see Sec. 27.95(a) of this chapter).
    8. We allow camping on gravel bars up to 7 days during any 30-day 
period. We prohibit camping on all other refuge lands.
    9. We open the refuge for day-use access from 1 hour before legal 
sunrise until 1 hour after legal sunset. We allow access during other 
hours on gravel bars only (see condition A8).
    10. We require dogs to be kept on a leash, except for hunting dogs 
engaged in authorized hunting activities, and under the immediate 
control of a licensed hunter (see Sec. 26.21(b) of this chapter).
    11. We prohibit permanent blinds. You must remove all personal 
property, including decoys and boats, by one hour after legal sunset 
(see Sec. Sec. 27.93 and 27.94 of this chapter).
    12. We prohibit cutting or removal of vegetation for blind 
construction or for making trails (see Sec. 27.51 of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasant, turkey, and 
quail on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We only allow shotgun and archery hunting.
    2. Conditions A3 through A10 and A12 apply.
    C. Big Game Hunting. We allow hunting of black-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A4, A5, A7, A8, A9, A12, and B1 apply.
    2. We prohibit construction or use of permanent blinds, platforms 
ladders or screw-in foot pegs.
    3. You must remove all personal property, including stands, from the 
refuge by one hour after legal sunset (see Sec. Sec. 27.93 and 27.94 of 
this chapter).
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A7, A8, A9, and A12 apply.
    2. On Packer Lake, due to primitive access, we only allow boats up 
to 14 feet (4.2 m) and canoes.

                 Salinas River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and moorhen on a hunt area along the Salinas River on the 
southeast portion of the refuge, as designated by posted signs, in 
accordance with State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shotshells while on the 
refuge (see Sec. 32.2(k)) in quantities of 25 or less.

[[Page 261]]

    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.
    4. We only allow dogs engaged in hunting activities on the refuge 
during the waterfowl season. Hunters must keep their dog(s) under their 
immediate control at all times (see Sec. 26.21(b) of this chapter). We 
prohibit training of dogs on the refuge. We prohibit other domesticated 
animals or pets.
    5. We prohibit target practice on the refuge or any nonhunting 
discharge of weapons (see Sec. 27.42 of this chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    San Luis National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only use portable blinds, temporary blinds constructed of 
natural materials, or existing concrete blinds. We prohibit cutting or 
breaking woody vegetation (see Sec. 27.51 of this chapter).
    2. You must remove all portable blinds, decoys, and other personal 
equipment from the refuge following each day's hunt.
    3. You must dismantle any temporary blinds constructed of natural 
materials at the end of each day.
    4. You may only hunt snipe within the free-roaming portion of the 
San Luis Unit waterfowl hunting area.
    5. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less after leaving your assigned parking 
lot or boat launch.
    6. 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.
    12. Dogs must remain under the immediate control of their owners at 
all times (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We allow hunting of pheasants on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less while in the field.
    2. Dogs must remain under the immediate control of their owners at 
all times (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We only allow fishing from legal sunrise to legal sunset, 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.
    2. We only allow the use of pole and line or rod and reel to take 
gamefish, 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. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Unless posted in the field and/or noted below, we only allow 
hunting in the open waters of San Pablo Bay and its navigable sloughs. 
We have not opened the following areas to hunting:
    i. Lower Tubbs Island; ii. Lower Tubbs Setback;
    iii. Cullinan Ranch Unit; and
    iv. Within 300 feet (90 m) of Highway 37.
    2. You may only hunt from a boat or a floating blind. We prohibit 
walk-in hunting on the refuge.
    3. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less while in the field.
    4. You must remove all decoys, boats, and other personal property 
from the refuge at the end of each day (see Sec. 27.93 of this 
chapter). Hunters must remove all trash, including shotshell hulls, when 
leaving hunting areas (see Sec. 27.94 of this chapter).
    5. We allow temporary floating blinds on the refuge subject to 
refuge manager approval. We allow blind installation beginning on 
October 1, but hunters must remove

[[Page 262]]

blinds (see Sec. 27.93 of this chapter) by February 1. Temporary 
floating blinds become available for general use on a first-come, first-
served basis on subsequent days. We prohibit entry to closed areas of 
the refuge prior to the hunting season in order to scout for hunting 
sites.
    6. We only allow dogs engaged in hunting activities on the refuge 
during waterfowl season. We prohibit other domesticated animals or pets. 
Hunters must keep their dog(s) under their immediate control at all 
times (see Sec. 26.21(b) of this chapter). We prohibit training of dogs 
on the refuge.
    7. We prohibit digging into levees or slough channels.
    8. We prohibit target practice on the refuge or any nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    9. We allow foot access through the refuge to the State's Tolay 
Creek Unit for waterfowl hunting. You must unload and either break down 
or case all shotguns (see Sec. 27.42(b) of this chapter) while in 
transit through the refuge.
    B. Upland Game Hunting. We allow hunting of pheasant only in areas 
of the Tolay Creek Unit designated by posted signs in accordance with 
State regulations subject to the following conditions:
    1. You may only hunt on Wednesdays, Saturdays, and Sundays.
    2. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less while in the field.
    3. You may only access the Tolay Creek Unit by foot or bicycle.
    4. We only allow dogs engaged in hunting activities on the refuge 
during pheasant season. We prohibit other domesticated animals or pets.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

             Sonny Bono Salton Sea National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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.

                  Stone Lakes National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and moorhen on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunting on Sun River Unit only on Wednesdays and 
Saturdays from \1/2\ hour before legal sunrise until 12 p.m. (noon).
    2. We will select hunters through a random drawing process conducted 
at the refuge. Hunters should bring a copy of their refuge notification 
on the day of their hunt. Hunters should contact the refuge manager for 
additional information.
    3. We require adults, age 18 or older, to accompany hunters under 
age 16.
    4. We prohibit bicycles or other conveyances. Mobility-impaired 
hunters should contact the refuge manager regarding allowed conveyances.
    5. You must unload firearms (see Sec. 27.42(b) of this chapter) 
before transporting them between parking areas and spaced-blind areas. 
``Unloaded'' means that no ammunition is in the chamber or magazine of 
the firearm.
    6. We restrict hunters to their assigned spaced-blind except when 
they are placing or retrieving decoys, traveling to and from the parking 
area, retrieving downed birds, or when shooting to retrieve cripples.
    7. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)) in quantities of 25 or less.
    8. We prohibit fires on the refuge (see Sec. 27.95(a) of this 
chapter).
    9. We allow vehicles to stop only at designated parking areas. We 
prohibit dropping of passengers or equipment or stopping between 
designated parking areas.
    10. We allow only nonmotorized boats to access water blinds.
    11. You must remove all decoys, personal equipment, shotshell hulls, 
and refuse from the refuge by 12:30 p.m. (see Sec. Sec. 27.93 and 27.94 
of this chapter).
    12. Junior hunters must possess a valid Junior Hunting License.
    13. We allow the use of hunting dogs for retrieving birds, provided 
the dogs remain under the immediate control of the hunter at all times 
(see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Sutter National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, and snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:

[[Page 263]]

    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.
    7. We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking area.
    8. You must restrain dogs on a leash within all designated parking 
areas (see Sec. 26.21(b) of this chapter).
    B. Upland Game Hunting. We only allow hunting of pheasant in the 
free-roam areas of the refuge in accordance with State regulations 
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.
    7. Conditions A7 and A8 apply.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Tule Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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.
    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; 69 FR 54362, 54374, Sept. 8, 
2004; 70 FR 54161, Sept. 13, 2005]



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. Migratory Game Bird Hunting. 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]

[[Page 264]]

                    Arapaho National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing at designated times and on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require a valid State fishing license and valid refuge fishing 
permit for all anglers age 16 and older. You must obtain and display a 
daily refuge fishing badge while fishing.
    2. We only allow the use of rod and reel with one hook or lure per 
line.
    3. We only allow catch and release fishing.
    4. We only allow barbless hooks.
    5. We only allow artificial flies or lures.
    6. We prohibit the use of live bait.

[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; 69 FR 54362, Sept. 8, 2004; 70 FR 54163, Sept. 13, 2005]



Sec. 32.26  Connecticut.

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

              Stewart B. McKinney National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, coot, and 
goose on designated areas of the Great Meadows Unit in Stratford, 
Connecticut in accordance with State regulations subject to the 
following conditions:
    1. We require hunters to obtain an annual Special Use Permit in 
advance for permission to hunt in the designated hunting area. Consult 
the refuge manager for details on how and when to apply for a Special 
Use Permit.
    2. Any person entering, using, or occupying the refuge for hunting 
must abide by all the terms and conditions of the Special Use Permit.
    3. You must have all applicable hunting licenses, permits, stamps, 
and a photographic identification in your possession while hunting on 
the refuge.
    4. We will limit hunt days to Tuesdays, Wednesdays, and Saturdays 
during the waterfowl hunting season as established by the State.
    5. We only allow shotguns.
    6. You must keep firearms unloaded until you are within the 
designated hunting area (see Sec. 27.42(b) of this chapter).
    7. Access to the hunt area is by foot or boat in designated areas 
only. Mobility-impaired hunters should consult with the refuge manager 
for allowed conveyances.
    8. You may possess no more than 25 approved nontoxic shot per day 
while in the field (see Sec. 32.2(k)).
    9. This is a waterfowl hunt only. We allow no more than two dogs per 
waterfowl hunting party. We prohibit dog training on the refuge.
    10. During State-established youth days, licensed junior hunters may 
hunt in the designated hunting area when accompanied by a licensed adult 
hunter age 18 or older. Adults must possess a valid hunting license; 
however, we prohibit them carrying a firearm.
    11. We prohibit the use of air-thrust and inboard water-thrust boats 
such as, but not

[[Page 265]]

limited to, hovercrafts, airboats, jet skis, watercycles, and waterbikes 
on all waters within the refuge boundaries.
    12. We prohibit hunters launching any boats on the refuge that they 
cannot portage by hand. A dock and a boat ramp are not available on the 
refuge.
    13. We prohibit pit or permanent blinds.
    14. You must remove all temporary blinds, boats, decoys, and all 
other personal property from the refuge each day (see Sec. Sec. 27.93 
and 27.94 of this chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[70 FR 54163, Sept. 13, 2005]



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. Migratory Game Bird Hunting. Hunting of migratory game birds is 
permitted on designated areas of the refuge subject to the following 
conditions:
    1. Permits are required for waterfowl hunting except on the South 
Upland Hunting Area.
    2. Hunting of waterfowl and coots is permitted on the South 
Waterfowl Area, the West Waterfowl Area, and the Young Waterfowlers 
Area.
    3. Only snow geese may be taken on the Snow Goose Area.
    4. Hunting is permitted only from designated sites, except on the 
South Upland Hunting Area and the Snow Goose Area.
    5. The maximum number of hunters permitted per blind is as follows:
    West Waterfowl 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. Migratory Game Bird Hunting. 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.

[[Page 266]]

    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; 69 FR 54362, Sept. 8, 2004]



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. Migratory Game Bird Hunting. We allow hunting of duck and coot on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must possess and carry a signed refuge waterfowl hunt permit 
while hunting.
    2. We allow hunting in the interior of the refuge south of latitude 
line 26.27.130. We have not opened to hunting from the perimeter canal 
or levee and those areas posted as closed.
    3. The refuge open waterfowl season is concurrent with the State 
season. The refuge does not participate in any early experimental 
seasons. Hunters may only take duck and coot.
    4. We do not open to hunting on Mondays, Tuesdays, and Christmas 
Day.
    5. Refuge hunting hours are from \1/2\ hour before legal sunset to 1 
p.m. Hunters may enter the refuge no earlier than 5 a.m. and must be off 
the refuge by 3 p.m.
    6. Hunters must only enter and leave the refuge at the Headquarters 
Area (Boynton Beach) and the Hillsboro Area (Boca Raton) (see Sec. 
27.31 of this chapter).
    7. Hunters must unload and case or dismantle firearms (see Sec. 
27.42(b) of this chapter) when outside of hunting area and when en route 
to or from the hunting area. Hunters may only use no greater than .10 
gauge shotguns. We prohibit all other firearms or weapons (see 
Sec. Sec. 27.42 and 27.43 of this chapter).
    8. We only allow temporary blinds of native vegetation. We prohibit 
the taking, removing, or destroying of refuge vegetation (see Sec. 
27.51 of this chapter).
    9. Hunters must remove decoys and other personal property (see Sec. 
27.93 of this chapter) from the hunting area each day.
    10. We encourage the use of dogs to retrieve dead or wounded 
waterfowl. Dogs must remain under the immediate control of the owner at 
all times (see Sec. 26.21(b) of this chapter). We prohibit pets at all 
other times.
    11. A hunter must complete a daily bag report card and place it in 
an entrance fee canister each day.
    12. All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, possessing a 
license. Youth hunters must have completed a hunter education course.
    13. We only allow boats equipped with outboards or electric motors 
and nonmotorized boats. We prohibit airboats, Hovercraft, and personal 
watercraft (Go Devils, Jet Skis, jet boats, and Wave Runners). We 
recommend all boats operating within the hunt area fly a 12 inch by 12 
inch (30 cm x 30 cm) orange flag, 10 feet (3 m) above the vessel's 
waterline.
    14. We prohibit motorized vehicles of any type on the levees and 
undesignated routes (see Sec. 27.31 of this chapter).
    15. For emergencies or to report violations, contact law enforcement 
personnel at 561-936-4100.
    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 regulations subject to the following 
conditions:
    1. We only allow fishing from legal sunrise to legal sunset.
    2. Special black bass regulations are in effect within the 
boundaries of the refuge. The daily creel limit is five black bass per 
person, per day, where only one bass may be over 14 inches (35 cm) in 
length.
    3. We allow fishing south of a line of latitude of 26.27.130 and in 
the rim canal in the rest of the refuge. We prohibit fishing in 
Management Compartments A, B, and C, and those areas posted as closed to 
fishing or the public.
    4. We only allow the use of rods and reels and poles and lines, and 
anglers must attend them at all times.
    5. We prohibit commercial fishing and the taking of frogs, turtles, 
and other wildlife (see Sec. 27.21 of this chapter).
    6. We prohibit the possession or use of cast nets, seines, trot 
lines, jugs, gigs, and other fishing devices.
    7. Anglers may only launch boats at the Headquarters Area (Boynton 
Beach), the Hillsboro Area (Boca Raton), and 20 Mile Bend (West Palm 
Beach).
    8. We only allow boats equipped with outboards or electric motors 
and nonmotorized boats. We prohibit airboats, Hovercraft, personal 
watercraft (Go Devils, Jet Skis, jet boats, and Wave Runners). We 
recommend that all boats operating within the hunt area fly a 12 inch by 
12 inch (30 cm x 30 cm) orange flag, 10 feet (3 m) above the vessel's 
waterline.
    9. We prohibit motorized vehicles of any type on the levees and 
undesignated routes (see Sec. 27.31 of this chapter).

[[Page 267]]

    10. For emergencies or to report violations, contact law enforcement 
personnel at 561-936-4100. Law enforcement officers monitor VHF Channel 
16.

                   Cedar Keys National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow salt water sport fishing year-round in 
accordance with State regulations subject to the following condition: We 
will close a 300 foot (90 m) buffer zone beginning at mean high tide 
line and extending into the waters around Seahorse Key to all public 
entry from March 1 through June 30.

                 Chassahowitzka National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [Reserved]
    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 regulations subject to the following 
conditions:
    1. We only allow fishing from legal sunrise to legal sunset.
    2. We allow salt water fishing along the Atlantic Ocean and Indian 
River Lagoon year-round in accordance with State regulations.
    3. We prohibit commercial fishing and the taking of frogs, turtles, 
and other wildlife (see Sec. 27.21 of this chapter).
    4. We prohibit motorized vehicles of any type on the fire roads, 
undesignated routes, and areas posted as closed (see Sec. 27.31 of this 
chapter).
    5. For emergencies or to report violations, contact law enforcement 
personnel at 561-936-4100. Law enforcement officers monitor VHF Channel 
16.

             J. N. ``Ding'' Darling National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 in accordance with State regulations subject to the 
following conditions:
    1. We prohibit fishing and crabbing in all waters of the Bailey 
Tract except for Smith Pond and Airplane Canal.
    2. We allow fishing and crabbing in all other refuge waters except 
in areas designated as ``closed to public entry''.
    3. We prohibit the taking of horseshoe crabs, stone crabs, or spider 
crabs.
    4. We prohibit the taking of blue crabs for commercial purposes.
    5. We allow the recreational take of blue crabs within 150 feet (45 
m) of the Wildlife Drive only with the use of dip nets.
    6. Beyond 150 feet (45 m) of the Wildlife Drive we allow 
recreational take of blue crabs with baited lines and traps only if such 
devices 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. The daily limit of blue crabs is 20 per person, of which no more 
than 10 shall be females.
    8. We prohibit the use of cast nets within 150 feet (45 m) of a 
water-control structure on the Wildlife Drive.
    9. We prohibit the use of personal watercraft, air-thrust boats, and 
hovercraft.
    10. We prohibit kite-surfing or kite-boarding, wind-surfing or sail-
boarding, or any similar type of activities.
    11. We prohibit vessels exceeding the slow speed/minimum wake in 
refuge waters.
    12. We only allow vessels propelled by polling, paddling, or 
floating in the posted ``no-motor zone'' of the Ding Darling Wilderness 
Area. All motors, including electric motors, must be in a nonuse 
position (out of the water) when in the ``no-motor zone''.
    13. We prohibit camping on all refuge lands and overnight mooring of 
vessels on all refuge waters.
    14. You may only launch vessels at designated sites on the refuge.

                 Lake Woodruff National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 268]]

    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following condition: We require refuge 
permits.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We only allow fishing from legal sunrise to legal sunset.
    2. We prohibit the use of airboats on the refuge.
    3. We prohibit commercial fishing or the taking of frogs or turtles 
(see Sec. 27.21 of this chapter).
    4. We prohibit the use of snatch hooks in the refuge impoundments.
    5. When boating, you must slow down and observe all manatee speed 
zones and caution areas.

                 Lower Suwannee National Wildlife Refuge

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

[[Page 269]]

    9. All hunters (including all persons accompanying hunters) must 
wear a minimum of 500 square inches (3,250 cm \2\) of fluorescent orange 
visible above the waistline while hunting during all refuge deer gun 
hunts.
    10. We prohibit the use of organized drives for taking or attempting 
to take game.
    11. The refuge general gun season begins on the opening Saturday of 
the Florida State Central Management Zone, General Gun season and ends 
on the following Friday. It reopens on the Monday after the refuge 
limited deer season and ends on the following Sunday. The refuge general 
gun season lasts 14 days.
    12. The refuge limited either-sex deer hunt is on the second 
Saturday and Sunday of the State Central Management Zone General Gun 
season. This coincides with the opening of the State's either-sex hunt 
deer hunting season.
    13. The youth limited Gun Deer Hunt is the Saturday and Sunday 
following the close of the refuge general gun season.
    14. The refuge limited hog hunt begins on the first Monday after the 
Florida State Central Management Zone General Gun (antlered deer and 
wild hog) season closes, and ends on the following Sunday.
    15. During the limited youth hunt, an adult age 21 or older must 
accompany the youth, age 15 and under, but only the youth hunter may 
hunt and handle the firearm.
    16. We confine the limited youth hunt to the Levy County portion of 
the refuge, and hunters must access the refuge from Levy County Road 
347.
    17. We allow hunting of deer (except spotted fawns), feral hog (no 
size or bag limit), gray squirrel, rabbit, armadillo, opossum, raccoon, 
beaver, and coyote during the archery season.
    18. Hunters may take deer, with one or more antlers at least 5 
inches (12.5 cm) in length visible above the hairline, and feral hog (no 
bag or size limit) during the muzzleloader and general-gun season.
    19. Hunters may take hog (no size or bag limit), and a maximum of 
two deer per day, during the limited deer gun hunt and limited youth gun 
deer hunt, except only one deer may be a buck for each of the 2-day 
limited hunts.
    20. Hunters may take hog (no size or bag limit) during the limited 
hog hunt.
    21. We prohibit all other public entry or use of the hunting area 
during the limited hog, limited gun, and limited youth deer hunts. 
During the limited gun hunt and limited hog hunt, the Dixie Mainline 
road will remain open to all public vehicles, but we prohibit firearms 
except for permit holders.
    22. Hunters must check all game harvested during all deer and hog 
hunts.
    23. You may only take turkey during the State spring turkey hunting 
season.
    24. You may only take bearded turkeys during the spring turkey hunt.
    25. Shooting hours for spring turkey begin \1/2\ hour before legal 
sunrise and end at 1 p.m.
    26. We only allow shotguns with shot no larger than size 2 common 
shot or bows and arrows for spring turkey hunting.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge 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. We prohibit taking of frogs and turtles (see Sec. 27.21 of this 
chapter).
    3. We prohibit leaving boats on the refuge overnight (see Sec. 
27.93 of this chapter).
    4. We prohibit consumption of alcohol or possession of open alcohol 
containers in the public use areas of Shired Island boat launch/fishing 
and parking lot area and the Shell Mound fishing/recreational area (see 
Sec. 32.2(j)).

                 Merritt Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck and coot in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a current signed refuge permit at all 
times while hunting on the refuge.
    2. You must possess and carry a refuge waterfowl hunting quota 
permit while hunting areas 1 or 4, from the beginning of the regular 
waterfowl season through December 31.
    3. You may hunt Wednesdays, Saturdays, Sundays, and all Federal 
holidays that fall within the State's waterfowl season.
    4. You may hunt in four designated areas of the refuge as delineated 
in the refuge hunting regulations map. We prohibit hunters entering the 
normal or expanded restricted areas of the Kennedy Space Center.
    5. You may only hunt on refuge-established hunt days from legal 
shooting time until 1 p.m.
    6. You may enter no earlier than 4 a.m. for the purpose of hunting.
    7. We require all hunters to successfully complete a State-approved 
hunter education course.
    8. We require an adult, age 18 or older, to supervise hunters under 
the age 18.
    9. We prohibit accessing a hunt area from Black Point Wildlife 
Drive, Playalinda Beach Road, or Scrub Ridge Trail (see Sec. 27.31 of 
this chapter).
    10. We prohibit construction of permanent blinds (see Sec. 27.92 of 
this chapter) or digging into dikes.
    11. We prohibit hunting or shooting from any portion of a dike, 
road, or railroad grade.
    12. We prohibit hunting within 150 yards (135 m) of SR 402 or SR 
406.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]

[[Page 270]]

    D. Sport Fishing. We allow you to fish, crab, clam, oyster, and 
shrimp in designated areas of the refuge as delineated in the refuge 
fishing regulations map in accordance with State regulations subject to 
the following conditions:
    1. You must possess and carry a current, signed refuge fishing 
permit at all times while fishing on the refuge.
    2. We allow fishing at night in the waters of Mosquito Lagoon, 
Indian River Lagoon, Banana River, and Haulover Canal.
    3. We allow launching of boats at night only from Bair's Cove, 
Beacon 42, and Bio Lab boat ramps.
    4. We prohibit crabbing or fishing, and access for the purpose of 
crabbing or fishing, from Black Point Wildlife Drive or any side road 
connected to Black Point Wildlife Drive except L Pond Road.
    5. We prohibit launching boats, canoes, or kayaks from Black Point 
Wildlife Drive or any side road connected to Black Point Wildlife Drive 
except L Pond Road.
    6. Anglers and crabbers must attend their lines at all times.
    7. We prohibit harvesting or possession of horseshoe crabs.
    8. We prohibit use of personal watercraft, air thrust boats, and 
hovercraft.
    9. Vessels must not exceed idle speed in Bairs Cove and KARS Marina 
or slow speed/minimum wake in Haulover Canal.
    10. We prohibit motorized vessels in the Banana River within the 
posted ``No-Motor Zone,'' including any vessel having an attached motor 
or a nonattached motor capable of use (including electric trolling 
motor).
    11. We prohibit fishing within the normal or expanded restricted 
areas of the Kennedy Space Center.
    12. We prohibit the use of internal combustion engines within the 
two zones in Mosquito Lagoon. The zones include the posted waters 
located north of WSEG Boat Ramp and west of the Intra Coastal Waterway 
and the posted waters on Tiger Shoals extending from the northeast 
refuge boundary southward to the waters just south of Preachers Island.

                 Pelican Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of duck and coot on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require refuge permits for hunting the Piney Island unit. 
Permits are available at no cost from the refuge office. Each hunter 
must possess and carry a signed hunt permit when using the hunt area.
    2. You must remove blinds daily (see Sec. 27.93 of this chapter).
    3. Hunters may access the hunt area by boat.
    4. We allow retriever dogs to recover game.
    B. Upland Game Hunting. We allow hunting of grey squirrel, rabbit, 
raccoon, and feral hog in accordance with State regulations subject to 
the following conditions:
    1. We require refuge permits for hunting upland game. Permits are 
available at no cost from the refuge office. Each hunter must possess 
and carry a signed permit while participating in a hunt.
    2. Hunters must wear 500 square inches (3,250 cm\2\) of fluorescent 
orange above the waistline.
    3. You may use .22 caliber rim-fired rifles, shotguns with nontoxic 
shot (see Sec. 32.2(k)), or muzzleloaders. You may use shotgun slugs, 
buckshot, or archery equipment to take feral hogs. We prohibit the use 
or possession of other weapons. You must unload all firearms for 
transport in vehicles (uncap muzzleloaders) (see Sec. 27.42 of this 
chapter).
    4. We prohibit dogs in the hunt area.
    5. There is no limit on the size or number of feral hogs that 
hunters may take.
    6. We allow hunting on designated areas of the refuge. Contact the 
refuge office for specific dates.
    7. We prohibit hunting from any named or numbered road.
    8. We prohibit cleaning of game within 1,000 feet (300 m) of any 
developed public recreation area, game check station, or gate.
    9. The refuge is only open to daylight use.
    10. You must check out all game taken at a game check station.
    C. Big Game Hunting. We allow hunting of white-tailed deer, feral 
hog, and bearded turkey in accordance with State regulations subject to 
the following conditions:
    1. We require refuge permits issued by lottery. Lottery applications 
are available at the refuge office each year beginning in July. There is 
a fee for permits. Permits are nontransferable. There is an additional 
fee for duplicate permits. Each hunter must possess and carry a signed 
permit when participating in a hunt. Prior to hunting each day, you

[[Page 271]]

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

                  St. Vincent National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 272]]

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

[[Page 273]]

prohibit loud or boisterous behavior or activity.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. You may fish from legal sunrise to legal sunset.
    2. We allow boats with electric motors. You must remove all other 
motors from the boats and secure them to a designated motor rack with a 
lock and chain.
    3. We prohibit the use of live minnow as bait.
    4. We allow fishing on 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.
    6. We prohibit leaving boats and fishing gear on the refuge 
overnight (see Sec. 27.93 of this chapter).
    7. We prohibit commercial fishing or the taking of frog or turtle 
(see Sec. 27.21 of this chapter).
    8. We only allow the use of rods and reels or poles and lines. You 
must attend your fishing equipment at all times.
    9. You may only take fish species and fish limits authorized by 
State regulations.

              Ten Thousand Islands National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck and coot in 
accordance with State regulations subject to the following conditions:
    1. We allow hunting daily during the early wood duck/teal season.
    2. We allow only hunting on Wednesdays, Saturdays, Sundays, 
Thanksgiving, Christmas, and New Year's Day within the regular State 
season.
    3. You must possess and carry a valid, signed refuge hunt permit 
(free) at all times while hunting on the refuge.
    4. We allow only hunting in the areas posted and shown on the refuge 
hunt brochure.
    5. We post entry points with signs numbered 1, 2, and 3 along the 
south side of U.S. 41. Hunters may enter the refuge at 4 a.m. and 
shooting hours start \1/2\ hour before legal sunrise. You must remove 
all decoys, guns, blinds, and other related equipment (see Sec. 27.93 
of this chapter) by 1 p.m. daily.
    6. We prohibit hunting within 100 yards (90 m) of the south edge of 
U.S. 41 and the area signed around the small access road extending south 
from U.S. 41.
    7. We prohibit pit blinds and permanent blinds (see Sec. 27.92 of 
this chapter).
    8. We allow and recommend prehunt scouting from legal sunrise to 
legal sunset.
    9. You may only take duck and coot with a shotgun (no larger than a 
10 gauge). We prohibit possession of handguns and long guns. We prohibit 
target practice on the refuge (see Sec. 27.42 of this chapter).
    10. We prohibit air-thrust boats, hovercraft, personal watercraft, 
and off-road vehicles at all times. We limit vessels to a maximum of a 
25 hp outboard motor. We allow go-devil type motors.
    11. We require all guides to purchase, possess, and carry a refuge 
Special Use Permit.
    12. We allow and recommend use of dogs for waterfowl retrieval. Dogs 
must remain under the immediate control of their handlers at all times 
(see Sec. 26.21(b) of this chapter). We allow dogs during prehunt 
scouting.
    13. We allow youth hunt days in accordance with State regulations. 
Hunters under age 16 may hunt only with a nonhunting adult age 18 or 
older. Youth hunters must remain within sight and sound of the 
nonhunting adult.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing and crabbing on the refuge in 
accordance with State regulations subject to the following conditions:
    1. We prohibit air-thrust boats, hovercraft, personal watercraft, 
and off-road vehicles in the freshwater and brackish marsh area south of 
U.S. 41. We limit vessels to a maximum of a 25 hp outboard motor. We 
allow go-devil-type motors.
    2. We allow fishing in the freshwater and brackish marsh area of the 
refuge year-round from legal sunrise to legal sunset. You may fish the 
tidal and barrier island area of the refuge year-round 24 hours a day.
    3. We only allow crabbing and crab pots for recreational use in the 
freshwater and brackish marsh area of the refuge. You may only use crab 
pots in accordance with State regulations. Abandoned or unchecked crab 
pots after 72 hours are subject to impoundment.
    4. We prohibit commercial fishing and the taking of snake and frog 
in the freshwater and brackish marsh area of the refuge.
    5. We prohibit the use of trotlines, gigs, spears, bush hooks, 
snatch hooks, crossbows, or bows and arrows of any type in the 
freshwater and brackish marsh area of the refuge.

[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; 69 FR 54362, 54378, Sept. 8, 2004; 70 FR 54163, Sept. 13, 
2005]



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.

[[Page 274]]

                   Banks Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    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 regulations subject to the following 
conditions:
    1. We only allow the use of pole and line or rod and reel, which the 
angler must attend at all times.
    2. We allow sport fishing after legal sunset; but we prohibit all 
other activity after legal sunset.
    3. We prohibit marking of paths or navigational routes.
    4. We prohibit swimming, wading, jet skiing, and water skiing.

               Blackbeard Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 in accordance with State 
regulations subject to the following conditions:
    1. Hunters must possess and carry signed refuge permits on their 
persons at all times. You may obtain information on permits and the hunt 
at the refuge headquarters in Savannah, Georgia.
    2. Hunters must check-in no more than 1 day in advance of the 
opening day of each hunt. We prohibit check-in after legal sunset of the 
second hunt day.
    3. Each hunter may place one stand on the refuge no earlier than 1 
month prior to the opening day of each hunt but must remove the stand 
(see Sec. 27.93 of this chapter) by the end of each hunt.
    4. Hunters must check-in at the refuge dock prior to setting up 
camp. We require personal identification at check-in.
    5. We confine hunters to the camping area until 12 p.m. (noon) of 
the first day of check-in; we will allow scouting from 12 p.m. (noon) 
until 5 p.m.
    6. Within the refuge, you may only travel by foot or bicycle, except 
in the wilderness area where we allow only foot travel. We limit entry 
and exit points to the designated check stations or other specified 
areas. We prohibit hunters to leave by boat to reach other parts of the 
island.
    7. You may only camp at the designated camping area.
    8. You must confine fires (see Sec. 27.95 of this chapter) to the 
camping area.
    9. We prohibit flagging, blazing, or trail-marking devices to locate 
stands or for any other purpose.
    10. We only allow bows. We prohibit crossbows or firearms (see 
Sec. Sec. 27.42 and 27.43 of this chapter).
    11. We prohibit the use of organized drives for taking or attempting 
to take deer.
    12. You may take five deer of either sex and State bonus tags will 
be issued for two of these. There is no bag limit on feral hog.
    13. Refuge personnel must check deer harvested during the scheduled 
hunt before hunters may remove them from the refuge.
    14. Hunters must be on their stands from \1/2\ hour before legal 
sunrise until 9 a.m. and from 2 hours before legal sunset until legal 
sunset.
    15. We prohibit target practice except in designated areas (see 
Sec. 27.42 of this chapter).
    16. Hunters must be off the island by 12 p.m. (noon) on Sunday.
    17. We close the refuge to the nonhunting public 1 day prior to and 
1 day after the hunt period, as well as on hunt days.
    18. Youth hunters age 15 and under must possess and carry a valid 
hunter education card in order to hunt.
    19. Youth hunters age 15 and under must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
One adult may supervise no more than one youth hunter.
    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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting for white-tailed deer and 
feral hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We coordinate hunting seasons and limits with the State and 
annually list them in the refuge hunting brochure.
    2. We require you to possess and carry a signed refuge hunt permit 
while archery hunting. You may obtain this permit from the refuge 
office.
    3. We require a refuge hunt permit and payment of a fee for the 
quota firearms hunts. You may obtain applications and information about 
the hunt drawing from the refuge office.
    4. We require you to sign in once prior to each hunt at the refuge 
check station.
    5. We allow access to the hunt area from 1 hour before legal sunrise 
to 1 hour after legal

[[Page 275]]

sunset. We prohibit overnight camping and/or parking.
    6. We prohibit buckshot.
    7. We prohibit flagging, blazing, painting, or any other trail-
marking devices.
    8. We prohibit hunting within 50 yards (45 m) of a road open to 
vehicle travel or within 200 yards (180 m) of a building.
    9. We prohibit entry into the designated hunt area by nonhunters 
during the hunts.
    10. We prohibit hunting or possession of weapons in public use or 
other areas posted ``No Hunting Zone'' or ``Area Closed'' or designated 
as no hunting areas on the hunt brochure map (see Sec. Sec. 27.42 and 
27.43 of this chapter).
    11. We require you to bring any deer or hog you harvest to the 
refuge check station the day you kill it and before you leave the 
refuge.
    12. We prohibit possession of field-dressed deer or hogs unless you 
have checked them at the refuge check station.
    13. We prohibit possession of alcoholic beverages while on the 
refuge.
    14. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    15. We require each firearms hunter to wear at least 500 square 
inches (3,250 cm\2\) of hunter orange as an outer garment above the 
waist.
    16. We prohibit walking or trespassing on the railroad tracks to 
access the refuge.
    17. We prohibit removal of live hog from the refuge.
    18. We prohibit the use of dogs.
    19. We allow the use of ATVs on refuge roads to retrieve game (see 
Sec. 27.31 of this chapter), but you must obtain permission from refuge 
staff before using the ATV.
    20. We allow limited nonmotorized portable boat access at the Stone 
Creek parking area.
    21. We prohibit the use of organized drives for taking or attempting 
to take game.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations 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 only allow access to the refuge and fishing from legal sunrise 
to legal sunset.
    3. We only allow fishing with pole and line or rod and reel.
    4. We prohibit boats on all refuge waters, except the Ocmulgee 
River, where we allow boats.
    5. We prohibit leaving boats or other personal equipment on the 
refuge overnight (see Sec. 27.93 of this chapter).
    6. The minimum size limit for largemouth bass is 14 inches (490 cm).

                    Eufaula National Wildlife Refuge

    Refer to Sec. 32.20 Alabama for regulations.

                  Harris Neck National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 in accordance with State 
regulations subject to the following conditions:
    1. Hunters must possess and carry a signed refuge permit on their 
person at all times. We require payment of a fee for the quota gun hunt 
only. You may obtain information on permits, quota hunt applications, 
and quota hunt drawings at the refuge headquarters in Savannah, Georgia.
    2. Each hunter may place one stand on the refuge during the week 
(Monday through Friday only) preceding each hunt, but you must remove 
stands by the end of each hunt (see Sec. 27.93 of this chapter).
    3. Hunters must be on their stands from \1/2\ hour before legal 
sunrise until 9 a.m. and from 2 hours before legal sunset until legal 
sunset.
    4. We prohibit use of flagging, blazing, or trail-marking devices to 
locate stands or for any other purpose.
    5. We prohibit hunting closer than 100 yards (90 m) to State Highway 
131, the refuge entrance drive, refuge headquarters, Barbour River 
Landing, Barbour River Road, or Gould's Cemetery.
    6. We require personal identification at check-in.
    7. To hunt during the morning stand hours, bow hunters must enter 
the refuge through the refuge entrance gate only, between 5 a.m. and 6 
a.m. We will allow hunters to exit and re-enter through the entrance 
gate only, from 9 a.m. until 4 p.m. After 4 p.m. we prohibit entry to 
the refuge.
    8. During the archery hunt, we will restrict vehicles to the auto 
tour route (see Sec. 27.31 of this chapter) and allow two-way traffic.
    9. During the archery hunt, we only allow bows.
    10. We require gun hunters to check-in at the refuge headquarters 
between 4 a.m. and 5 a.m. and park in designated areas prior to hunting. 
We prohibit entry by boat.
    11. You may take three deer of either sex (State bonus deer tags 
will be issued for two of these). There is no bag limit on feral hog.
    12. During the gun hunt, you must only use shotguns with slugs 20 
gauge or larger.
    13. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    14. Gun hunters must wear an outer garment with a minimum of 500 
square inches (3,250 cm\2\) of hunter-orange material above the 
waistline.
    15. Refuge personnel must check deer harvested during refuge hunts 
before leaving the refuge.

[[Page 276]]

    16. We prohibit the use of organized drives for taking or attempting 
to take game.
    17. We will close the refuge to the nonhunting public on all hunt 
days.
    18. Youth hunters age 15 and under must possess and carry a valid 
hunter education card in order to hunt.
    19. Youth hunters age 15 and under must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
One adult may supervise no more than one youth hunter.
    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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow the hunting of rabbit, squirrel, 
bobwhite quail, and turkey on the Cowhouse Unit of the refuge. The 
season will be consistent with the adjacent Dixon Memorial Wildlife 
Management Area and in accordance with State hunting regulations subject 
to the following conditions:
    1. We only allow foot and bicycle traffic on the refuge portion of 
Cowhouse Island.
    2. We only allow dogs to locate, point, and retrieve during quail 
hunts.
    3. For more information, contact the refuge at 912-496-7836.
    C. Big Game Hunting. We allow hunting of turkey only on the Cowhouse 
Island Unit of the refuge. We allow hunting of white-tailed deer and 
feral hog at the Suwannee Canal Recreation Area, the Pocket Unit, and 
Cowhouse Island Unit in accordance with State regulations subject to the 
following conditions:
    1. In the Pocket Unit:
    i. We only allow archery hunting and foot traffic.
    ii. You must sign-in and out.
    iii. You must remove tree stands daily (see Sec. 27.93 of this 
chapter).
    iv. We prohibit dogs.
    2. In the Suwannee Canal Unit:
    i. We only allow two \1/2\-day hunts (dates will be announced) and 
shotguns with slugs or muzzleloaders.
    ii. We require a refuge permit through refuge lottery, which 
interested parties should enter before August 31 (fee will be 
announced).
    iii. Hunters must remain on stands from 30 minutes before legal 
sunrise until 9 a.m.
    iv. You must sign-in and sign out.
    v. You must tag your deer with special refuge tags. There is a limit 
of two deer of either sex.
    vi. We only zone Chesser Island Hunt area to accommodate wheelchair 
hunters.
    vii. Conditions B3, C1iii, and C1iv apply.
    viii. We prohibit dogs.
    3. In the Cowhouse Island Unit:
    i. Dixon Memorial Wildlife Management Area rules, regulations, 
dates, and times apply.
    ii. Conditions B1, B3, C1iii, and C1iv apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow motorized boats with motors 10 hp or less.
    2. We prohibit possession of live bait fish.
    3. We only allow the use of pole and line or rod and reel.
    4. In the Suwannee Canal unit:
    i. We prohibit fishing in the boat basin.
    ii. We prohibit fishing in ponds and canals along the Swamp Island 
Drive.
    iii. We reserve the porch and canal area behind the visitor center 
for youth age 15 and under and physically disabled.
    5. Condition B3 applies.

                    Piedmont National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We prohibit upland game hunting during refuge deer or turkey 
hunts.
    2. We coordinate hunting seasons for raccoon and opossum with the 
State and annually list them in the refuge hunt brochure.
    3. You must possess and carry a signed refuge hunt permit while 
hunting. You may obtain the permit from the refuge office.
    4. We require a refuge hunt permit to hunt on the Hitchiti 
Experimental Forest in accordance with refuge hunting seasons and 
regulations.
    5. We prohibit hunting or possessing weapons in areas posted ``No 
Hunting Zone'' or ``Area Closed'' or designated as no hunting areas on 
the hunt brochure map (see Sec. Sec. 27.42 and 27.43 of this chapter).
    6. The refuge is a day-use-only area, with the exception of legal 
hunting activities.
    7. We allow access to the hunt area for quail, squirrel, and rabbit 
hunting from 1 hour before legal sunrise to 1 hour after legal sunset. 
We prohibit overnight camping and/or parking.
    8. We allow hunting for raccoon and opossum from 6 p.m. to 6 a.m. on 
the days listed as open in the refuge hunt brochure.

[[Page 277]]

    9. We only allow .22 caliber or smaller rimfire firearms for raccoon 
and opossum hunting.
    10. You may use dogs on designated areas of the refuge in accordance 
with State regulations.
    11. You must keep your dogs confined or on a leash except when 
hunting, and you must remove your dogs upon your departure from the 
refuge (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow hunting for white-tailed deer, turkey, 
and feral hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B4, B5, and B6 apply.
    2. We coordinate hunting seasons and limits with the State and 
annually list them in the refuge hunting brochure.
    3. We require you to possess and carry a signed refuge permit while 
archery hunting. You may obtain this permit from the refuge office.
    4. We require a refuge hunt permit and payment of a fee for the 
quota firearms hunts. You may obtain applications and information about 
the hunt drawing from the refuge office.
    5. We have a special deer hunt for disabled hunters confined to 
wheelchairs. You may obtain information about this hunt from the refuge 
office.
    6. We prohibit entry into designated hunt area by nonhunters during 
the hunts.
    7. We allow access to the hunting area from 1 hour before legal 
sunrise to 1 hour after legal sunset. We prohibit overnight camping and/
or parking except in the designated campground at Pippins Lake. You must 
have a refuge hunting permit to enter and use the campground.
    8. We prohibit buckshot.
    9. We only allow alcoholic beverages in the designated campground.
    10. We prohibit flagging, blazing, painting, or any other trail-
marking devices.
    11. We prohibit hunting within 50 yards (45 m) of a road open to 
vehicle travel or within 200 yards (180 m) of a building.
    12. You must bring any deer, turkey, or hog you harvest to the 
refuge check station intact, except entrails, the day you kill them and 
before you leave the refuge. We prohibit possession of dressed deer, 
turkey, or hog unless you have checked them at the refuge check station.
    13. We prohibit ATVs on the refuge except by disabled hunters with a 
refuge Special Use Permit.
    14. We prohibit target practice on the refuge, including the 
shooting of firearms or bows in the designated campground, or any 
nonhunting discharge of firearms (see Sec. 27.42 of this chapter).
    15. We prohibit audio equipment such as radios or other noise-making 
devices such as generators after 10 p.m. or before 6 a.m. in the 
campground (see Sec. 27.72 of this chapter).
    16. We prohibit dogs for hunting big game.
    17. We prohibit the use of organized drives for taking or attempting 
to take game.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing from April 1 to September 30.
    2. We only allow access to the refuge and fishing from legal sunrise 
to legal sunset.
    3. You may keep the following numbers of fish each day: bass--5; 
channel catfish--5; sunfish or bream--15; all other species--State 
limit.
    4. We allow nonmotorized boats on all ponds designated as open to 
fishing except the Children's pond. We allow boats with electric motors 
only in Pond 2A and Allison Lake.
    5. We limit fishing in Pond 21A to youths age 15 and under.
    6. We only allow fishing with pole and line or rod and reel.
    7. We prohibit leaving boats or other personal equipment on the 
refuge overnight (see Sec. 27.93 of this chapter).
    8. We prohibit the use of fish for bait.
    9. We prohibit placing or throwing in the water feeds, grains, or 
other materials to chum or attract fish.
    10. You must immediately release any grass carp you catch. We are 
using these fish to help combat an exotic weed invasion in some ponds.

                    Savannah National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck and coot on 
designated areas north of Georgia Highway 25 of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge permit at all times 
while hunting on the refuge. We only require a fee for the quota youth 
waterfowl hunt on the Solomon Tract and the wheelchair-dependent 
hunters' quota deer hunt.
    2. We only allow temporary blinds. You must remove decoys and other 
personal property from the refuge daily (see Sec. 27.93 of this 
chapter).
    3. We prohibit hunting within 100 yards (90 m) of Georgia Highway 
25; or in or on Middle and Steamboat Rivers and Houstown Cut, or closer 
than 50 yards (45 m) of the shoreline of these waterways.
    4. Youth hunters age 15 and under must possess and carry a valid 
hunter education card in order to hunt.
    5. Youth hunters age 15 and under must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
One adult may supervise no more than two youth hunters.

[[Page 278]]

    B. Upland Game Hunting. We allow hunting of squirrel November 1 
through November 30 on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge permit at all times 
while hunting on the refuge. Permits and hunt information are available 
at the refuge headquarters in Savannah, Georgia.
    2. We only allow .22 caliber rimfire rifles or shotguns with 
2 shot or smaller for squirrel hunting.
    3. We prohibit handguns.
    4. We prohibit the use of dogs.
    5. You may take feral hog with weapons legal for this hunt (no bag 
limit).
    6. We require a refuge big game license.
    7. We require hunters to wear an outer garment that contains a 
minimum of 500 square inches (3,250 cm\2\) of hunter-orange material 
above the waistline (except during the archery-only deer hunt, the 
turkey hunt, and the waterfowl hunt).
    8. Conditions A4 and A5 apply.
    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 subject to the following conditions:
    1. You must possess and carry a signed refuge permit at all times 
while hunting on the refuge. We require a fee for the wheelchair-
dependent hunters' quota gun hunt for deer. Permits, quota hunt 
applications, and information about the quota hunt drawing are available 
at the refuge headquarters in Savannah, Georgia.
    2. We allow archery hunting for deer and hog from October 1 through 
31 on designated areas (consult the refuge brochure for the areas).
    3. We only allow bows for deer and hog hunting during the archery 
hunt.
    4. We allow gun hunting for deer and hog from November 1 through 30 
on designated areas of the refuge. We also allow hog (only) hunting 
during a special 9-day hunt in March.
    5. We only allow shotguns with slugs, muzzleloaders, and bows for 
deer and hog hunting throughout the designated hunt area during the 
November gun hunt and the March hog hunt. However, we allow high-powered 
rifles north of Interstate Highway 95 only. We prohibit handguns.
    6. You may take five deer, no more than three anterless and two 
antlered. There is no bag limit on feral hog.
    7. Doe days for refuge lands in Georgia will only coincide with doe 
days set by the Georgia Department of Natural Resources for Effingham 
County.
    8. Conditions B7, A4, and A5 apply.
    9. We allow turkey hunting during a special 16-day turkey hunt in 
April. Turkey hunters may only harvest three gobblers.
    10. We only allow shotguns with 2 shot or smaller and bows 
for turkey hunting in accordance with State regulations. We prohibit 
possession of slugs or buckshot during turkey hunts.
    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.
    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. Migratory Game Bird Hunting. [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 in accordance with State 
regulations subject to the following conditions:
    1. Hunters must carry a signed refuge permit on their person at all 
times. We only require payment of a fee for the quota gun hunt for deer. 
You may obtain information on permits, quota hunt applications, and 
quota hunt drawings at the refuge headquarters in Savannah, Georgia.
    2. We prohibit flagging, blazing, or trail-marking devices to locate 
stands or for any other purpose.
    3. We prohibit the use of organized drives for taking or attempting 
to take game.
    4. Refuge personnel must check deer harvested during scheduled hunts 
before hunters leave the refuge.
    5. You may take five deer of either sex (State bonus tags issued for 
two of these). There is no bag limit on feral hog.
    6. Hunters must be on their stands from \1/2\ hour before legal 
sunrise until 9 a.m. and from 2 hours before legal sunset until legal 
sunset.
    7. We prohibit target practice or any nonhunting discharge of 
firearms (see Sec. 27.42 of this chapter).
    8. We allow bows and muzzleloading rifles during the primitive 
weapons hunt.
    9. We allow shotguns, 20 gauge or larger (slugs only), centerfire 
rifles of .22 caliber or larger, bows, and primitive weapons during the 
gun hunt.
    10. We prohibit mooring boats to the government dock except for 
loading or unloading purposes.
    11. Hunters must check-in at the refuge dock prior to setting up 
camp. We require personal identification at check-in.

[[Page 279]]

    12. We only allow camping at the designated camping area. You must 
confine fires (see Sec. 27.95 of this chapter) to the camping area.
    13. Each hunter may place one stand on the refuge no earlier than 1 
month prior to the opening day of each hunt, but you must remove all 
stands by the end of each hunt (see Sec. 27.93 of this chapter).
    14. We require hunters to wear an outer garment that contains a 
minimum of 500 square inches (3,250 cm2) of hunter-orange material above 
the waistline.
    15. Hunters may check-in at the refuge dock no more than 1 day in 
advance of the opening day of the hunt. We will confine hunters to the 
camping area until 12 p.m. (noon) of the first day of check-in; we will 
allow scouting from 12 p.m. (noon) until 5 p.m.
    16. Hunters must be off the island the day following the last day of 
the hunt.
    17. Within the refuge, you may only walk or use a bicycle. We 
prohibit hunters to leave by boat to reach other parts of the island.
    18. We will close the refuge to the nonhunting public 1 day prior 
to, and 1 day after, the hunt period as well as on the hunt days.
    19. Youth hunters age 15 and under must possess and carry a valid 
hunter education card in order to hunt.
    20. Youth hunters age 15 and under must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
One adult may supervise no more than one youth hunter.
    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. Migratory Game Bird Hunting. [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; 69 FR 54362, 54382, Sept. 8, 2004; 70 FR 54166, 
Sept. 13, 2005]



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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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; 69 FR 54362, Sept. 
8, 2004]



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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and snipe on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We prohibit air-thrust boats.
    2. We allow nonmotorized and motorized boats after September 20 
within the designated hunting area. We prohibit air-thrust boats.
    3. You may only use portable blinds or construct temporary blinds of 
natural vegetation. Blinds will be available for general use on a first-
come, first-served basis. You must remove portable blinds from the 
refuge at the end of each day (see Sec. 27.93 of this chapter).

[[Page 280]]

    4. You must remove all personal property, including decoys and 
boats, (see Sec. 27.93 of this chapter) from the refuge at the end of 
each day.
    B. Upland Game Hunting. We allow hunting of pheasant, grouse, 
partridge, and cottontail rabbit on designated areas of the refuge in 
accordance with State regulations subject to the following condition: 
You may only possess approved nontoxic shotshells while in the field 
(see Sec. 32.2(k)).
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit boats in the fishing area.
    2. We prohibit use and possession of lead weights or sinkers.

                     Camas National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and snipe on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We prohibit public entry onto the refuge prior to 1 hour before 
legal hunting hours.
    2. You may only use portable blinds or construct temporary blinds of 
natural vegetation. Blinds will be available for general use on a first-
come, first-served basis. You must remove portable blinds (see Sec. 
27.93 of this chapter) at the end of each day.
    3. You may only transport firearms (see Sec. 27.42 of this chapter) 
on the hunter access roads.
    4. You must remove all personal property (see Sec. 27.93 of this 
chapter), including decoys, from the refuge at the end of each day.
    B. Upland Game Hunting. We allow hunting of pheasant, grouse, and 
partridge on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. You may only possess approved nontoxic shotshells while in the 
field (see Sec. 32.2(k)).
    2. You may only transport firearms (see Sec. 27.42 of this chapter) 
on the hunter access roads.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Deer Flat National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and snipe on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We only allow nonmotorized boats.
    2. You may only use portable blinds or construct temporary blinds of 
natural vegetation. Blinds will be available for general use on a first-
come, first-served basis. You must remove portable blinds (see Sec. 
27.93 of this chapter) at the end of each day.
    3. We only allow hunters and dogs to retrieve game in designated 
hunting areas.
    4. You must remove all personal property, including decoys and 
boats, (see Sec. 27.93 of this chapter) from the refuge at the end of 
each day.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]

[[Page 281]]

    D. Sport Fishing. [Reserved]

                    Kootenai National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and snipe on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We only allow hunters and dogs to retrieve game in designated 
hunting areas.
    2. You may only use portable blinds or construct temporary blinds of 
dead natural vegetation. Blinds will be available for general use on a 
first-come, first-served basis. You must remove portable blinds (see 
Sec. 27.93 of this chapter) at the end of each day. We prohibit use of 
rock piles above the high-water mark for blind construction. We prohibit 
pit blinds (see Sec. 27.92 of this chapter).
    3. We only allow vehicle parking in designated parking lots.
    4. On West Hunting Area (Lake Walcott), we allow hunting on the 
uplands and over water within 100 yards (90 m) of the shoreline. We only 
allow use of boats for retrieval of game.
    5. On East Hunting Area (Tule Island), we allow boats during the 
waterfowl hunting season.
    B. Upland Game Hunting. We allow hunting of pheasant, grouse, 
partridge, and cottontail rabbit on designated areas of the refuge in 
accordance with State regulations subject to the following condition: 
You may only possess approved nontoxic shotshells while in the field 
(see Sec. 32.2(k)).
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations and subject to the following conditions:
    1. We allow bank fishing year-round. We only allow vehicle access 
(see Sec. 27.31 of this chapter) to shoreline fishing areas on 
designated routes.
    2. We allow ice fishing in accordance with State regulations. We 
prohibit motor vehicles (see Sec. 27.31 of this chapter) on the ice.
    3. We restrict boat fishing to designated areas as specified below:
    i. On Lake Walcott, we allow boats from April 1 through September 30 
within the area marked by buoys and posted signs.
    ii. On Gifford Springs, we allow boats within the area marked by 
posted signs during the open sport fishing season.
    iii. On Smith Springs, we allow boats within the area marked by 
posted signs during the open sport fishing season.
    4. We allow use of float tubes at all times and locations except 
south of the southern buoy line on Lake Walcott.

[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; 69 FR 54362, 54386, Sept. 8, 2004]



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. Migratory Game Bird Hunting. 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. Hunters must remove boats, decoys, and portable blinds at the end 
of each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
    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. We allow bank fishing from legal sunrise October 16 to legal 
sunset January 14 between the boat ramp and the fishing trail in the 
North Pool and from Goofy Ridge Public Access to west gate of the north 
pool water control structure.

[[Page 282]]

    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 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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, woodcock, dove, and snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:

[[Page 283]]

    1. We require hunters to possess and carry a free refuge hunting 
permit while hunting on the refuge.
    2. We prohibit leaving boats on the refuge overnight (see Sec. 
27.93 of this chapter).
    3. We prohibit outboard motors larger than 10 hp.
    4. We prohibit the use of paint, flagging, reflectors, tacks, or 
other manmade materials to mark trails or hunting locations.
    5. We allow dove hunting beginning on September 1 and continuing on 
the following Mondays, Wednesdays, and Saturdays throughout the State 
season.
    6. We only allow the use of portable or temporary blinds. Hunters 
must remove all blinds and decoys (see Sec. 27.93 of this chapter) from 
the refuge at the end of each day.
    7. On the Bellrose Waterfowl Reserve:
    i. We prohibit duck hunting.
    ii. You may only hunt goose following the closure of the State duck 
hunting season.
    iii. We only allow goose hunting on Tuesdays, Thursdays, Saturdays, 
and Sundays.
    iv. We allow hunting from \1/2\ hour before legal sunrise until 1 
p.m.
    v. Hunters must exit the Reserve by 2 p.m.
    vi. We prohibit entry to the Reserve prior to 4:30 a.m.
    vii. We prohibit hunting during the special snow goose seasons after 
closure of the regular goose seasons.
    viii. We prohibit construction or use of pit blinds (see Sec. 27.92 
of this chapter).
    ix. We prohibit hunting within 100 yards (90 m) of any private 
property boundary.
    x. All hunting parties must be at least 200 yards (180 m) apart.
    xi. All hunters must sign in and out and report daily harvest at the 
hunter registration station.
    xii. All hunting parties must hunt over a minimum of 12 decoys at 
each blind site.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
bobwhite quail, raccoon, opossum, red fox, grey fox, and coyote on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A2, A3, and A4 apply.
    2. We prohibit hunting after legal sunset, except we allow raccoon 
and opossum hunting after legal sunset.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A2 apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A2 and A3 apply.
    2. We prohibit the use of trotlines, jogs, yo-yos, nets, or any 
commercial fishing equipment except in areas where State regulation 
authorizes commercial tackle.
    3. We prohibit the use of more than two poles per angler and more 
than two hooks or lures per pole.
    4. We prohibit possession of bass less than 15 inches (37.5 cm) in 
length from refuge ponds.
    5. We prohibit possession of more than six channel catfish from 
refuge ponds.

                    Emiquon National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge in accordance with State 
regulations subject to the following 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.
    3. We allow the use of motorized boats at no-wake speeds on all 
refuge waters.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You may possess only approved nontoxic shot while hunting all 
allowed species except wild turkey and coyote (see Sec. 32.2(k)). You 
may possess lead shot for hunting of wild turkey and coyote.
    2. We allow access for hunting from 1 hour before legal sunrise 
until legal sunset.
    C. Big Game Hunting. We allow hunting of big game on designated 
areas of the refuge in accordance with State regulations subject to the 
following condition: Hunters must remove hunting stands at the end of 
each day's hunt (see Sec. Sec. 27.93 and 27.94 of this chapter).
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit leaving private boats on refuge waters overnight (see 
Sec. 27.93 of this chapter).
    2. Condition A3 applies.

                  Great River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl and 
coot on the Long Island Division of the refuge in accordance with State 
regulations subject to the following condition: We only allow hunting 
from blinds constructed on sites posted by the Illinois Department of 
Natural Resources.
    B. Upland Game Hunting. We allow hunting of small game, furbearers, 
turkey, and game birds on Long Island Division and Fox Island of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only possess approved nontoxic shot while hunting for 
upland game except

[[Page 284]]

turkey (see Sec. 32.2(k)). We allow possession of lead shot for hunting 
turkey.
    2. We only open Long Island Division and Fox Island Division for 
upland game hunting from \1/2\ hour before legal sunrise until \1/2\ 
hour after legal sunset.
    3. We only allow turkey hunting on the Fox Island Division during 
the State spring seasons, including youth season. We do not open to fall 
turkey hunting.
    4. We close Fox Island Division to all hunting and nonhunting entry 
from October 16 through December 31, except the Division is open to deer 
hunting as described below in C2.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated portions of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow the use of portable stands, and hunters must remove 
them from the refuge at the end of each day (see Sec. 27.93 of this 
chapter).
    2. On the Fox Island Division, we only allow hunting during the 
``Antlerless-Only'' portion of the State firearms deer season.
    3. On the Delair Division, we only allow muzzleloader hunting 
subject to the following conditions:
    i. You must possess and carry a refuge permit.
    ii. We require hunters to check-in and out of the refuge each day.
    iii. We require hunters to record all harvested deer with refuge 
staff before removing them from the refuge.
    iv. Shooting hours end at 3 p.m. each day.
    v. Hunters must park all vehicles only in designated parking areas.
    D. Sport Fishing. We allow fishing on the Long Island and Fox Island 
Divisions of the refuge in accordance with State regulations subject to 
the following conditions:
    1. We prohibit the taking of turtle and frog (see Sec. 27.21 of 
this chapter).
    2. On the Fox Island Division, we only allow bank fishing along any 
portion of the Fox River from January 1 through October 15.

                   Meredosia National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow sport fishing on all areas open to public access from 
legal sunrise to legal sunset from January 15 to October 15.
    2. We allow foot access on refuge land along the east side of 
Meredosia Lake in Morgan County from legal sunrise to legal sunset from 
October 16 to January 14. The boat ramp remains open throughout the year 
for access to Meredosia Lake.
    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. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on the Meissner and Wilkinson Island Division in accordance with 
State regulations subject to the following conditions:
    1. We only allow portable blinds.
    2. Hunters must remove blinds, decoys, and other equipment (see 
Sec. 27.93 of this chapter) from the refuge at the end of each day.
    B. Upland Game Hunting. We allow hunting of small game, furbearers, 
turkey, and nonmigratory game birds on the Beaver, Harlow, Meissner, and 
Wilkinson Island Division in accordance with State regulations subject 
to the following conditions:
    1. We only allow hunting of furbearers from legal sunrise to legal 
sunset.
    2. You may only possess approved nontoxic shot while hunting upland 
game, except turkey (see Sec. 32.2(k)).
    C. Big Game Hunting. We allow hunting of white-tailed deer on the 
Beaver, Harlow, Meissner, and Wilkinson Island Divisions in accordance 
with State regulations subject to the following conditions:
    1. We only allow archery hunting on the Harlow and Meissner 
Divisions.
    2. We only allow the use of portable stands, and hunters must remove 
them from the refuge at the end of each day (see Sec. 27.93 of this 
chapter).
    D. Sport Fishing. We allow fishing on the Beaver, Harlow, and 
Wilkinson Island Divisions in accordance with State regulations subject 
to the following conditions:
    1. We prohibit the taking of turtle and frog (see Sec. 27.21 of 
this chapter).
    2. We only allow fishing from legal sunrise to legal sunset.
    3. Anglers must remove all fishing devices (see Sec. 27.93 of this 
chapter) at the end of each day's fishing.

                  Port Louisa National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on the Big Timber Division in accordance with State regulations 
subject to the following conditions:
    1. Hunters must remove boats, decoys, and portable blinds (see Sec. 
27.93 of this chapter) at the end of each day.
    2. We allow portable blinds on a daily basis at any location on 
first-come, first-served basis.
    3. We prohibit hunting on the Louisa, Horseshoe Bend, and Keithsburg 
Divisions.
    B. Upland Game Hunting. We allow hunting of upland game only on Big 
Timber,

[[Page 285]]

Keithsburg, and Horseshoe Bend Divisions in accordance with State 
regulations subject to the following conditions:
    1. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting upland game. You may use lead shot to hunt turkey. We 
allow shotgun slug or muzzleloading rifle for hunting coyotes.
    2. We only allow squirrel hunting on the Keithsburg Division from 
the beginning of the State season to September 15.
    3. We allow hunting in designated areas on the Horseshoe Bend 
Division from September 1 until September 14 and from December 1 until 
February 28. We allow spring turkey hunting.
    4. We allow hunting on the Big Timber Division from September 1 
until February 28. We allow spring turkey hunting.
    C. Big Game Hunting. We allow hunting of white-tailed deer only on 
Big Timber Division and in designated areas on Horseshoe Bend Division 
in accordance with State regulations subject to the following 
conditions:
    1. We only allow the use of portable stands, and hunters must remove 
them at the end of each day (see Sec. 27.93 of this chapter).
    2. We close Horseshoe Bend Division to all public access from 
September 15 until December 1.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We prohibit the taking of turtle or frog (see Sec. 27.21 of this 
chapter).
    2. We only allow fishing from legal sunrise to legal sunset.
    3. We close the following Divisions to all public access: Louisa 
Division--September 14 until January 1; Horseshoe Bend Division--
September 14 until December 1; Keithsburg Division--September 15 until 
January 1.
    4. Anglers must remove boats and all other fishing devices (see 
Sec. 27.93 of this chapter) at the end of each day's fishing.
    5. We only allow motor boats on Horseshoe Bend Division for fishing 
during the periods when flood water enables access from the river over 
the levee.

                   Two Rivers National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds only on the Apple Creek Division in accordance with State 
regulations subject to the following conditions:
    1. We only allow portable blinds.
    2. Hunters must remove boats, decoys, and portable blinds (see Sec. 
27.93 of this chapter) at the end of each day.
    B. Upland Game Hunting. We allow upland game hunting only on the 
Apple Creek Division and the portion of the Calhoun Division east of the 
Illinois River Road in accordance with State regulations subject to the 
following conditions:
    1. You may only possess approved nontoxic shot while hunting, except 
turkey (see Sec. 32.2(k)). We allow possession of lead shot for turkey 
hunting.
    2. We allow hunting from legal sunrise to legal sunset.
    C. Big Game Hunting. We allow hunting of white-tailed deer on the 
Apple Creek Division and the portion of the Calhoun Division east of the 
Illinois River Road in accordance with State regulations subject to the 
following condition: We only allow the use of portable stands, and 
hunters must remove them at the end of each day (see Sec. 27.93 of this 
chapter).
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following conditions:
    1. We prohibit the taking of turtle or frog (see Sec. 27.21 of this 
chapter).
    2. We only allow fishing from legal sunrise to legal sunset.
    3. From October 15 through December 31 we close the Batchtown, 
Gilbert Lake, and Portage Island Divisions, and the portion of the 
Calhoun Division north and west of the Illinois River Road, to all 
public access.
    4. Anglers must remove boats and all other fishing devices (see 
Sec. 27.93 of this chapter) at the end of each day.
    5. We only allow boats on the Gilbert Lake Division for fishing 
during those periods when flood water enables access from the river over 
the levee.

        Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec. 32.42 Minnesota for regulations.

[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; 69 FR 54362, 54387, Sept. 8, 2004; 69 FR 55995, 
Sept. 17, 2004; 70 FR 54166, Sept. 13, 2005; 72 FR 51542, Sept. 7, 2007]



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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel in accordance 
with State regulations 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

[[Page 286]]

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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of wild turkey, quail, 
squirrel, and rabbit on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. For wild turkey hunting, we require a refuge permit.
    2. We prohibit discharge of firearms within 100 yards (90 m) of an 
occupied dwelling.
    3. Shotgun hunters may possess only approved nontoxic shot on the 
refuge (see Sec. 32.2(k)).
    4. We allow the use of hunting dogs for hunting rabbit and quail 
only.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge during the State archery and muzzleloader 
seasons in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry a refuge permit during the State 
muzzleloader season.
    2. We only allow bow and arrow and muzzleloaders, except that 
hunters with a State handicapped hunting permit may use crossbows.
    3. We prohibit the construction and use of permanent blinds, 
platforms, or ladders (see Sec. 27.92 of this chapter).
    4. Condition B2 applies.
    5. We allow access to the refuge during posted hours during refuge 
deer hunts.
    6. Hunters may only take one deer per day from the refuge.
    7. We allow only permitted muzzleloader hunters during the State 
muzzleloader season.
    8. We allow archery hunting during the refuge-designated seasons.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit the use of boats and belly boats on all refuge waters 
except for Stanfield Lake and Richart Lake.
    2. We only allow fishing with rod and reel or pole and line.
    3. We allow fishing from legal sunrise to legal sunset.
    4. We prohibit harvesting of frogs and turtles (see Sec. 27.21 of 
this chapter).

        Patoka River National Wildlife Refuge and Management Area

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge and the White River Wildlife 
Management Areas in accordance with State regulations subject to the 
following conditions:
    1. We only allow the use of portable blinds or temporary blinds 
constructed of native vegetation. Hunters must remove all portable 
blinds and dismantle temporary blinds (see Sec. 27.93 of this chapter) 
at the end of each day.
    2. We only allow motorboats on Snakey Point Marsh east of the South 
Fork River and the Patoka River. You must operate motorboats at no-wake 
speed. We open other waters to hand-powered or battery-driven motors. We 
prohibit airboats.
    3. You must remove boats and decoys (see Sec. 27.93 of this 
chapter) at the end of each day.
    4. We do not open Cane Ridge Wildlife Management Area to all 
hunting.
    B. Upland Game Hunting. We allow hunting of bobwhite quail, 
cottontail rabbit, squirrel (grey and fox), pheasant, turkey (spring 
only), red and grey fox, coyote, opossum, and raccoon in accordance with 
State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.3(k)).
    2. You must possess and carry a refuge permit for furbearer hunting.
    3. We allow dogs for hunting provided the dog is under the immediate 
control of the hunter at all times (see Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
accordance with State regulations subject to the following conditions:
    1. We prohibit construction or use permanent tree stands or blinds 
(see Sec. 27.92 of this chapter). We only allow portable stands.
    2. Condition A4 applies.
    3. We prohibit marking trails with tape, ribbons, paper, paint, 
tacks, tree blazes, or other devices.
    D. Sport Fishing. We allow sport fishing in accordance with State 
regulations on the main channel of the Patoka River, but all other 
refuge waters are subject to the following conditions:
    1. We allow fishing from legal sunrise to legal sunset.
    2. We only allow fishing with rod and reel or pole and line.
    3. The minimum size limit for large-mouth bass on Snakey Point Marsh 
is 14 inches (35 cm).
    4. You must possess and carry a refuge permit to take bait fish, 
crayfish, snapping turtle, and bull frog.
    5. Condition A2 applies.

[[Page 287]]

    6. Anglers must remove boats (see Sec. 27.93 of this chapter) at 
the end of each day.

[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; 69 FR 54362, 54389, Sept. 8. 2004; 
70 FR 54168, Sept. 13, 2005]



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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of ring-necked pheasant and 
turkey on designated areas of the refuge in accordance with the States 
of Iowa and Nebraska regulations subject to the following condition: We 
require a refuge permit.
    C. Big Game Hunting. We allow archery and muzzleloader hunting of 
white-tailed deer on designated areas of the refuge in accordance with 
State of Iowa and Nebraska regulations subject to the following 
conditions:
    1. You must possess and carry refuge permits for archery hunting at 
all times while hunting.
    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.
    8. We prohibit taking or possession of turtle or frog at any time 
(see Sec. 27.21 of this chapter).

                 Driftless Area National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of ring-necked pheasant, 
bobwhite quail, cottontail rabbit, and squirrel on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting for any permitted bird or other small game.
    2. We allow hunting of upland game from 8 a.m. to 4:30 p.m. during 
the dates posted at the refuge.
    3. All hunters must cover their head and chest with one or more of 
the following articles of visible, external, solid-blaze-orange 
clothing: a hat, vest, coat, jacket, sweatshirt, sweater, shirt, or 
coveralls.
    4. We prohibit shooting on or over any refuge road within 50 feet 
(15 m) from the centerline.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must possess and carry a refuge permit.

[[Page 288]]

    2. We only allow portable stands, and hunters must remove them at 
the end of each day (see Sec. 27.93 of this chapter).
    3. We only allow hunter access from \1/2\ hour before legal sunrise 
until \1/2\ hour after legal sunset.
    D. Sport Fishing. [Reserved]

           Northern Tallgrass Prairie National Wildlife Refuge

    Refer to Sec. 32.42 Minnesota for regulations.

                  Port Louisa National Wildlife Refuge

    Refer to Sec. 32.32 Illinois for regulations.

                  Union Slough National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, rail (Virginia and sora only), woodcock, and snipe on the Buffalo 
Creek Bottoms and Schwob Marsh units of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunters on the refuge from 1 hour before legal sunrise 
until \1/2\ hour after legal sunset.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We allow boats or other floating devices. We allow gasoline and 
electric motors. We prohibit the use of air-thrust boats. You may not 
leave boats unattended.
    4. You may construct blinds using manmade materials or natural 
vegetation found on the refuge. We prohibit bringing plants or their 
parts onto the refuge (see Sec. 26.52 of this chapter).
    5. You must remove boats, decoys, and blinds (see Sec. 27.93 of 
this chapter) from the refuge at the end of each day.
    6. We allow the use of hunting dogs provided that the dogs remain 
under the immediate control of the hunter at all times (see Sec. 
26.21(b) of this chapter).
    7. We prohibit entry into any closed area to retrieve downed game, 
unless the hunter has received written permission from the refuge 
manager.
    8. We prohibit hunting on road rights-of-way on any portion of the 
refuge not open to hunting. The road right-of-way extends to the center 
of the road.
    B. Upland Game Hunting. We allow hunting of pheasant, gray 
partridge, rabbit (cottontail and jack), squirrel (fox and gray), 
groundhog, raccoon, opossum, fox, coyote, and crow on Buffalo Creek 
Bottoms, Schwob Marsh, and the Core Area in accordance with State 
regulations subject to the following conditions:
    1. We only allow hunting in the Core Area during the dates posted at 
the Refuge Headquarters.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)). We prohibit possession of shotgun slugs.
    3. Hunters may only enter the refuge from 8 a.m. until 4:30 p.m.
    4. Conditions A6, A7, and A8 apply.
    C. Big Game Hunting. We allow hunting of deer and turkey on Buffalo 
Creek Bottoms, Schwob Marsh, and the Core Area in accordance with State 
regulations subject to the following conditions:
    1. Condition B1 and A8 apply.
    2. Deer hunters in the Core Area must possess a valid State deer 
hunting license and an unfilled deer transportation tag.
    3. We only allow deer hunters to enter the refuge from \1/2\ hour 
before legal sunrise until \1/2\ hour after legal sunset.
    4. Deer hunters may only possess shot shells that shoot a single 
projectile (i.e., slugs).
    5. We prohibit turkey hunting in the Core Area at all times.
    6. We only allow turkey hunters to enter the refuge from \1/2\ hour 
before legal sunrise until \1/2\ hour after legal sunset.
    7. Turkey hunters may only possess approved nontoxic shot while in 
the field.
    8. We allow the use of temporary stands, blinds, platforms, or 
ladders. You may construct blinds using manmade materials or natural 
vegetation found on the refuge. We prohibit bringing plants or their 
parts onto the refuge (see Sec. 27.52 of this chapter).
    9. You must remove decoys, stands, blinds, platforms, and ladders 
from the refuge at the end of each day (see Sec. 27.93 of this 
chapter).
    10. We prohibit entry into any closed area to retrieve downed game, 
unless the hunter has received written permission from the refuge 
manager.
    D. Sport Fishing. We allow sport fishing from the County Road A-40 
right-of-way and in Buffalo Creek south of County Road 320th Street in 
accordance with State regulations subject to the following conditions:
    1. We allow fishing from April 15 through September 30.
    2. We allow fishing from legal sunrise to legal sunset.
    3. We prohibit the use of boats, canoes, or other floating devices.
    4. We prohibit the use or possession of lead terminal tackle.

        Upper Mississippi River National Wildlife and Fish Refuge

    Refer to Sec. 32.42 Minnesota 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; 68 FR 57316, Oct. 2, 2003; 69 FR 54362, 54390, Sept. 8, 2004; 
70 FR 54168, Sept. 13, 2005; 72 FR 51542, Sept. 7, 2007]

[[Page 289]]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, mourning dove, rail, woodcock, and common snipe on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We only allow waterfowl hunting on portions of the refuge on the 
south side of the Neosho River.
    2. We prohibit hunting or possession of weapons on the Neosho River.
    3. We prohibit shooting from or over roads and parking areas.
    4. We only allow portable blinds and blinds made from natural 
vegetation. We prohibit the construction or use of permanent blinds and/
or pits (see Sec. 27.92 of this chapter).
    5. We prohibit leaving decoys unattended at any time.
    6. Dogs must be under the owner's immediate control at all times 
(see Sec. 26.21(b) of this chapter).
    7. We prohibit hunters or dogs retrieving game in areas closed to 
hunting.
    8. We allow crow hunting on designated areas of the refuge subject 
to the following conditions:
    i. We prohibit the use of centerfire rifles and pistols on the 
refuge;
    ii. We close hunting areas on the north side of the Neosho River to 
all hunting from November 1 through March 1; and
    iii. Conditions A2, A3, and A7 apply.
    B. Upland Game Hunting. We allow hunting of pheasant, quail, prairie 
chicken, rabbit, and squirrel on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Conditions A2, A3, A6, A7, A8i, and A8ii apply.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We only allow shotguns, muzzleloading firearms (see Sec. 27.42 
of this chapter), and archery equipment for deer hunting.
    2. We prohibit the use of deer game tags on the refuge.
    3. We do not open for deer hunting during the extended white-tailed 
deer antlerless season in January.
    4. We require the use of approved nontoxic shot for turkey hunting 
(see Sec. 32.2(k)).
    5. Dogs used during the fall turkey season must be under the owner's 
immediate control at all times (see Sec. 26.21(b) of this chapter).
    6. Conditions A2, A3, A7, and A8ii apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We do not open areas on the north side of the Neosho River to all 
fishing from November 1 through March 1, except for the Dove Roost pond 
and the Upper Burgess marsh.
    2. We only allow fish bait collecting for personal use. We prohibit 
digging or habitat disturbance (see Sec. 27.51 of this chapter).

                     Kirwin National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
merganser, coot, mourning dove, and snipe on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only possess six shells per day in the area from the 
Quillback Cove parking lot to the No Hunting Zone boundary east of 
Dogtown.
    2. You may use natural vegetation to construct a temporary blind.
    3. You may use portable hunting blinds.
    4. We prohibit construction or use of any permanent blind.
    5. We prohibit digging or using holes or pits for blinds.
    6. We prohibit retrieval of waterfowl from an area closed to 
waterfowl hunting.
    7. We only allow waterfowl hunting by boat in Bow Creek. You may not 
create a wake while in Bow Creek.
    8. We only allow motorized vehicles on designated roads, parking 
lots, campgrounds, and boat ramps (see Sec. 27.31 of this chapter).
    9. We prohibit the use of ATVs or snowmobiles on the refuge (see 
Sec. 27.31(f) of this chapter).
    10. We prohibit commercial guiding on the refuge.
    B. Upland Game Hunting. We allow hunting of pheasant, quail, prairie 
chicken, squirrel, and rabbit on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You may only possess bow and arrow or shotguns no larger than 10 
gauge on the refuge.
    2. We only allow hunting of rabbit and squirrel during that portion 
of the State small game season that occurs during the State upland game 
season.
    3. You may only possess six shells per day in the area from the 
Quillback Cove parking lot to the ``Closed to Hunting'' boundary east of 
Dogtown.
    4. We prohibit retrieval of upland game from an area closed to 
upland game hunting.
    5. Conditions A8, A9, and A10 apply.
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the

[[Page 290]]

refuge in accordance with State regulations subject to the following 
conditions:
    1. We only allow archery hunting of deer.
    2. Deer hunters must obtain a free refuge permit and possess and 
carry a signed permit in the field while hunting.
    3. You may use portable tree stands and hunting blinds provided that 
you install them no more than 7 days prior to the season and remove them 
no later than 2 days after the season (see Sec. 27.93 of this chapter).
    4. We prohibit construction or use of any permanent stand or blind 
(see Sec. 27.92 of this chapter).
    5. We prohibit digging or using holes or pits for blinds.
    6. You may use natural vegetation to construct a temporary blind.
    7. Archery hunters with a valid refuge permit may retrieve deer from 
an area closed to deer hunting. You must receive consent from a refuge 
employee prior to entering the closed area.
    8. We prohibit retrieving turkey from an area closed to turkey 
hunting.
    9. Conditions A8, A9, and A10 apply.
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow access to Kirwin Reservoir by foot to bank or ice fish.
    2. We only allow motorized vehicles on designated roads, parking 
lots, campgrounds, and boat ramps (see Sec. 27.31 of this chapter). We 
prohibit motorized vehicles on the ice.
    3. We allow motorized boating in the main body of Kirwin Reservoir 
and in Bow Creek. You must not create a wake in Bow Creek or within 100 
yards (90 m) of any shoreline or island in the main body of Kirwin 
Reservoir. We prohibit motorized boats in the Solomon Arm of Kirwin 
Reservoir.
    4. We allow motorless boats in the Solomon Arm of Kirwin Reservoir 
from August 1 through October 31.
    5. We prohibit access within 100 yards (90 m) of a nesting 
endangered or threatened species.
    6. We allow noncommercial collection of bait fish in accordance with 
State regulations.
    7. You must obtain a free Special Use Permit prior to conducting a 
fishing tournament on the refuge.
    8. We prohibit disposal of fish cleanings on the refuge (see Sec. 
27.94 of this chapter).
    9. Conditions A9 and A10 apply.

               Marais des Cygnes National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, rail, snipe, woodcock, and mourning dove on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. Hunters must remove decoys (see Sec. 27.93 of this chapter) 
daily.
    2. We restrict outboard motor use to the westernmost 5\1/2\ miles 
(8.8 km) of the Marais des Cygnes River. You may only use nonmotorized 
boats and electric trolling motors on remaining waters in designated 
areas of the refuge.
    3. We prohibit discharge of firearms (see Sec. 27.42 of this 
chapter) within 150 yards (135 m) of any residence or other occupied 
building.
    B. Upland Game Hunting. We allow hunting of cottontail rabbit, 
squirrel, and bobwhite quail on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Condition A3 applies.
    2. We prohibit rimfire rifles and pistols.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Deer and spring turkey hunters must possess and carry a refuge 
permit.
    2. We prohibit centerfire rifles and pistols.
    3. Condition A3 applies.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following condition: 
Condition A2 applies.

                    Quivira National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, Virginia and Sora rail, mourning dove, and common snipe on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We open refuge hunting areas September 1 through February 28.
    2. We may close refuge hunting areas to hunting without notice when 
whooping crane are present or emergencies arise.
    3. We post refuge hunting areas as ``Public Hunting Areas'' and 
delineate them on the refuge hunting brochure map.
    4. We allow hunters to enter the refuge 1 hour before legal shooting 
hours, and they must exit the refuge up to 1 hour past legal shooting 
hours.
    5. We prohibit hunting from or across any road, trail, or parking 
area.
    6. Hunters must park in designated parking areas.
    7. We only allow portable devices or temporary blinds of natural 
vegetation. We prohibit construction of permanent blinds or pits (see 
Sec. 27.92 of this chapter).
    8. We prohibit the retrieval of game from areas closed to hunting.
    9. We prohibit the use of boats, canoes, or other watercraft.
    B. Upland Game Hunting. We allow hunting of pheasant, quail, 
squirrel, and rabbit on designated areas of the refuge in accordance

[[Page 291]]

with State regulations subject to the following conditions:
    1. Conditions A1 through A6, and A8 apply.
    2. We only allow shotguns for hunting on the refuge.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on all waters on the refuge in 
accordance with State regulations subject to the following conditions:
    1. You may take fish species listed in the State fishing 
regulations. We prohibit taking of frog, snake, or any other wildlife 
(see Sec. 27.21 of this chapter).
    2. We prohibit the use of trotlines and setlines.
    3. We prohibit the use of seines for taking bait.
    4. We prohibit fishing from water control structures and bridges.
    5. We restrict fishing in the designated ``Kid's Pond,'' 
approximately \1/4\ mile (.4 km) WSW of headquarters, to youth age 14 
and under, and to a parent and/or guardian age 18 or older accompanying 
a youth.
    6. The bag limit for the Kid's Pond is one fish per day.
    7. We prohibit the use of boats, canoes, or other watercraft.

[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; 69 FR 54362, 54391, Sept. 8, 
2004]



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. Migratory Game Bird Hunting. We allow hunting of mourning dove, 
woodcock, common snipe, Canada and snow goose, coot, and waterfowl 
listed in 50 CFR 10.13 under DUCKS on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    3. We prohibit target practice with any weapon or nonhunting 
discharge of firearms (see Sec. 27.42 of this chapter).
    4. We prohibit the use of horses and mules on refuge property during 
the State muzzleloader and modern gun deer hunts. We allow horseback 
riding on refuge roads and portions of the abandoned railroad tracks 
owned by the refuge for access purposes while engaged in wildlife 
activities. We prohibit horses and mules off these secondary access 
routes for any reason.
    5. You must possess and carry a valid refuge permit while hunting 
and/or fishing on the refuge.
    6. To retrieve or track game from a posted closed area of the 
refuge, the hunter must first request permission from the refuge manager 
at 270-527-5770 or the law enforcement officer at 270-703-2836.
    7. We prohibit the use of flagging tape, reflective tacks, or 
nonbiodegradable devices used to identify paths to and mark tree stands, 
blinds, and other areas.
    8. We close those portions of abandoned railroad tracks within the 
refuge boundary to vehicle access (see Sec. 27.31 of this chapter).
    9. We prohibit discharge of firearms or carrying loaded firearms on 
or within 100 feet (90 m) of any home, the abandoned railroad tracks, 
graveled roads, and hiking trails.
    10. We prohibit possession and/or use of herbicides (see Sec. 27.51 
of this chapter).
    11. We prohibit possession or use of alcoholic beverages while 
hunting (see Sec. 32.2(j)).
    12. We prohibit the use of electronic calls with the exception for 
taking crow during crow season.
    13. An adult, age 21 or older, must supervise all youth hunters, age 
15 and under. Youth hunters must remain in sight and normal voice 
contact with the adult. On small game hunts, the adult may supervise no 
more than two youths; on big game hunts, the adult may supervise no more 
than one youth.
    14. All persons born after January 1, 1975 must possess a valid 
hunter education card while hunting.
    15. Waterfowl hunters must pick up decoys and equipment (see 
Sec. Sec. 27.93 and 27.94 of this chapter), unload firearms (see Sec. 
27.42(b) of this chapter), and be out of the field by 2 p.m. daily 
during the State waterfowl season.
    16. You may only use portable or temporary blinds that must be 
removed (see Sec. Sec. 27.93 and 27.94 of this chapter) from the refuge 
daily.
    17. We close, as posted, the Sharpe-Elva Water Management Unit from 
November 1 through March 15 to all entry with the exception of drawn 
permit holders and their guests.
    18. We only allow waterfowl hunting on the Sharpe-Elva Water 
Management Unit on specified Saturdays and Sundays during the State 
waterfowl season. We only allow hunting by individuals in possession of 
a refuge draw permit and their guests. State regulations and the 
following conditions apply:
    i. Application procedures and eligibility requirements are available 
from the refuge office.
    ii. We allow permit holders and up to three guests to hunt their 
assigned provided blind on the designated date. We prohibit guests in

[[Page 292]]

the blind without the attendance of the permit holder.
    iii. We prohibit selling, trading, or bartering of permits. This 
permit is nontransferable.
    iv. You may place decoys out Saturday morning at the beginning of 
the hunt, and you must remove them by Sunday at the close of the hunt 
(see Sec. Sec. 27.93 and 27.94 of this chapter).
    v. We prohibit watercraft in the Sharpe-Elva Water Management Unit, 
except for drawn permit holders to access their assigned blinds and 
retrieve downed birds as needed.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, opossum, crow, and coyote on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Conditions A1 through A14 apply.
    2. We close squirrel, rabbit, and quail seasons during muzzleloader 
and modern gun deer hunts.
    3. You may not kill or cripple a wild animal without making a 
reasonable effort to retrieve the animal and harvest a reasonable 
portion of that animal and include it in your daily bag limit.
    4. You may use only rimfire rifles, pistols, shotguns, and legal 
archery equipment for taking upland game.
    5. We prohibit possession and use of lead ammunition, except that 
you may use rimfire rifle and pistol lead ammunition no larger than .22 
caliber for upland game hunting.
    6. You may hunt coyote during any daytime refuge hunt with weapons 
and ammunition allowed for that hunt.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A15 and B3 apply.
    2. We only allow the use of portable and climbing stands. You may 
place stands in the field no earlier than 2 weeks prior to the opening 
of deer season, and you must remove them from the field within 1 week 
after the season closes (see Sec. Sec. 27.93 and 27.94 of this 
chapter). The hunter's name and address must appear on all stands left 
in the field.
    3. You must use safety belts at all times when occupying the tree 
stands.
    4. We prohibit organized deer drives of two or more hunters. We 
define ``drive'' as: the act of chasing, pursuing, disturbing, or 
otherwise directing deer so as to make animals more susceptible to 
harvest.
    D. Sport Fishing. We allow fishing and frogging on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1 through A15 apply.

               Ohio River Islands National Wildlife Refuge

    Refer to Sec. 32.68 West Virginia for regulations.

                    Reelfoot National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel and raccoon on 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    3. We set season dates and bag limits annually and publish them in 
the refuge public use regulations available at the refuge office.
    4. You must possess and carry a valid refuge permit and report game 
taken as specified within the permit.
    5. We allow hunters to access the refuge no more than 2 hours before 
legal sunrise and no more than 2 hours after legal sunset with the 
exception of raccoon hunters, who we will allow access from 7 p.m. to 12 
a.m. (midnight).
    6. All youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a license. 
One adult hunter may supervise no more than two youth hunters.
    C. Big Game Hunting. We allow hunting for white-tailed deer and 
turkey on the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions B1 through B6 apply.
    2. You may only participate in the refuge firearms deer and turkey 
hunts with a special quota permit issued through random drawing. You may 
obtain information on permit applications at the refuge headquarters.
    3. You may only possess approved nontoxic shot while turkey hunting 
on the refuge (see Sec. 32.2(k)).
    4. We only allow the use of portable blinds and tree stands on the 
refuge. You must remove blinds, tree stands, and all other personal 
equipment from the refuge at the end of each day (see Sec. 27.93 of 
this chapter).
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow access to the Long Point Unit (north of Upper Blue 
Basin) for fishing from March 16 through November 14, and the Grassy 
Island Unit (south of Upper Blue Basin) for fishing from February 1 
through November 14.
    2. We allow fishing on the refuge from legal sunrise to legal 
sunset.
    3. We prohibit taking of frog or turtle on the refuge (see Sec. 
27.21 of this chapter).

[[Page 293]]

    4. We prohibit airboats, hovercraft, or personal watercraft (Jet 
Skis) 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; 69 FR 
54362, 54393, Sept. 8, 2004; 69 FR 55995, Sept. 17, 2004; 70 FR 54168, 
Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, snipe, and woodcock on designated areas of the refuge subject to 
the following condition: Hunting must be in accordance with Sherburne 
Wildlife Management Area 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 condition: 
Hunting must be in accordance with Sherburne Wildlife Management Area 
regulations.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: Hunting must be in accordance with Sherburne Wildlife 
Management Area regulations.
    D. Sport Fishing. We allow finfishing and shellfishing year-round in 
accordance with Sherburne Wildlife Management Area regulations subject 
to the following condition: We prohibit all commercial finfishing and 
shellfishing.

                 Bayou Cocodrie National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Hunters must possess and carry a signed refuge permit.
    2. We allow migratory game bird hunting on Tuesdays, Thursdays, 
Saturdays, and Sundays until 12 p.m. (noon) during the State season. We 
do not open for the special teal season and State youth waterfowl hunt.
    3. We prohibit hunting within 150 feet (45 m) of the maintained 
rights-of-way of roads, refuge road or designated trail, building, 
residence, or designated public facility.
    4. You must remove temporary blinds (see Sec. 27.93 of this 
chapter) used for duck hunting by 12 p.m. (noon) on the last day of the 
State waterfowl season. You must clearly mark any stand or blind left on 
the refuge with the name and address of the person using the stand or 
blind. You must remove decoys daily.
    5. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    6. Youth hunters under age 16 must have completed a hunter education 
course and possess and carry evidence of completion. An adult age 21 or 
older must closely supervise youth hunters (within sight and normal 
voice contact). One adult may supervise no more than two youth hunters 
while hunting migratory game birds.
    7. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    8. We prohibit use or possession of any type of trail-marking 
material.
    9. Coyote, beaver, feral hog, and raccoon are incidental take 
species and, as such, you may take them during any open hunting season 
only with the weapon allowed for that season, if you are a hunter having 
the required licenses and permits. There is no bag limit on coyote and 
beaver. The feral hog bag limit is 10 per year, and the raccoon bag 
limit is 1 per day.
    10. We prohibit entering the refuge from private property and/or 
hunt leases; you may use only designated entry sites.
    11. You must check all game taken on the refuge before leaving the 
refuge at one of the self-clearing check stations indicated on the map 
in the refuge Hunting and Fishing Regulations Brochure.
    12. You must use boats to access the refuge from Bayou Cocodrie or 
Cross Bayou. We prohibit entering the refuge from U.S. Highway 84. You 
must dock all boats used to access the refuge on the banks of the 
refuge. Boats used to cross ``low water crossings'' at Cross Bayou may 
be left for a maximum of 3 days, and you must clearly mark them with the 
name and address of the person responsible for the boat while it is on 
the refuge. We only allow outboard motors in Cocodrie Bayou and 
tributaries accessible therefrom.
    13. We only allow ATVs on designated trails (see Sec. 27.31 of this 
chapter) from September 1 through the hunting season. An all-terrain 
vehicle (ATV) is an off-road vehicle with factory specifications not to 
exceed the following: weight 750 pounds (337.5 kg), length 85 inches 
(212.5 cm), and width 48 inches (120 cm). We restrict ATV tires to those 
no larger than 25x12 with a maximum 1 inch (2.5 cm) lug height and a 
maximum allowable tire pressure of 7 psi as indicated on the tire by the 
manufacturer.

[[Page 294]]

    14. We require all refuge users to sign in at a designated check 
station upon entering the refuge and sign out upon their departure.
    15. Hunters with mobility impairments must possess and carry a valid 
special access permit from the refuge to use special access ATV trails 
(see Sec. 27.31 of this chapter). State requirements for ``Mobility-
Impaired'' classification apply. Mobility-impaired hunters must present 
their State ``Disabled Hunter'' card at the refuge headquarters to apply 
for the refuge special access permit.
    16. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)). This requirement only applies to the use of 
shotgun ammunition.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We allow squirrel and rabbit hunting during the State season 
except during the open youth hunt for deer, the youth lottery hunt, the 
muzzleloader hunt, and the lottery deer hunt.
    2. Conditions A1, A3, and A7 through A16 apply.
    3. We allow the use of dogs to hunt squirrel and rabbit during that 
portion of the season designated as ``With/Without Dogs.'' We list 
specific season dates in the refuge brochure.
    4. While engaged in upland game hunting, we prohibit possession of 
firearms (see Sec. 27.42 of this chapter) larger than .22 caliber 
rimfire, shotgun slugs, or buckshot.
    5. Hunters must enter the refuge no earlier than 2 hours before 
legal sunrise and must exit the refuge within 2 hours after legal 
sunset.
    6. Youth hunters under age 16 must have completed a hunter education 
course and possess and carry evidence of completion. An adult age 21 or 
older must closely supervise youth hunters (within sight and normal 
voice contact). One adult may supervise no more than one youth hunter 
while hunting upland game.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A3, A7 through A16, and B5 apply.
    2. The bag limit is one deer (of either sex) per day. The State 
season limit applies.
    3. You must check all deer on the same day taken during lottery deer 
hunts at a staffed refuge check station.
    4. Archery hunters must possess and carry proof of completion of the 
International Bowhunters Education Program.
    5. We require a minimum of 400 square inches (2,600 cm\2\) of 
unbroken hunter orange as the outermost layer of clothing on the chest 
and back, and in addition, we require a hat or cap of unbroken hunter 
orange. You must wear the solid hunter-orange items while in the field.
    6. You may place temporary stands no more than 2 days prior to the 
opening of the respective season, and you must remove them by the last 
day of archery season (see Sec. 27.93 of this chapter). You must 
clearly mark any stand left on the refuge with the name and address of 
the person using the stand.
    7. We only allow deer hunting with modern firearms during the 
lottery deer hunt. We require special limited permits for the lottery 
deer hunt. We only allow hunters with a valid lottery deer hunt permit 
(must possess and carry the permit) to use the refuge during the lottery 
deer hunt.
    8. We open archery season on the Saturday closest to October 31, and 
keep it open until the end of the State season, except we close the 
refuge to archery hunting during the refuge youth hunt, youth lottery 
hunt, and lottery deer hunt.
    9. We allow deer hunting with muzzleloaders subject to State 
regulations. Specific open dates will appear in the annual Refuge 
Hunting and Fishing Regulations Brochure.
    10. We prohibit possession or use of buckshot.
    11. We prohibit possession or use of climbing spikes.
    12. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals, or other feed or 
any nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    13. Youth hunters under age 16 must have completed a hunter 
education course and possess and carry evidence of completion. An adult 
age 21 or older must closely supervise youth hunters (within sight and 
normal voice contact). One adult may supervise no more than one youth 
hunter while hunting big game.
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following conditions:
    1. Conditions A11 through A15 apply.
    2. You must tend trotlines daily. You must attach ends of trotlines 
by a length of cotton line that extends into the water.
    3. We prohibit commercial fishing. Recreational fishing using 
commercial gear (slat traps, etc.) requires a special refuge permit 
(that you must possess and carry) available at the refuge office.
    4. We prohibit the taking of alligator snapping turtle (see Sec. 
27.21 of this chapter).
    5. We only allow fishing during daylight hours.

                 Bayou Sauvage National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]

[[Page 295]]

    D. Sport Fishing. We allow finfishing and shellfishing on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. The refuge is daylight use 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. We only allow sport fishing with hand-held rod and reel or hand-
held rod and line. You may take bait shrimp with cast nets 8 feet (2.4 
m) in diameter or less. You may take crawfish (up to 100 pounds (45 kg) 
per person) with wire nets up to 20 inches (50 cm) in diameter. We allow 
recreational crabbing with a limit of 12 dozen per person. You must 
attend all fishing, crabbing, and crawfishing equipment 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. We prohibit air-thrust boats, motorized pirogues, mud boats, and 
air-cooled propulsion engines on the refuge.
    7. We prohibit feeding of any wildlife within the refuge.
    8. We prohibit all commercial finfishing and shellfishing.

                  Bayou Teche National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. You must possess and carry a signed Public Use Permit while on 
the refuge. This permit is free and available on the front cover of the 
refuge's brochure.
    2. We prohibit hunting in and/or shooting into or across any open 
field, roadway, or canal.
    3. Youth hunters under age 16 must have completed a hunter education 
course and possess and carry evidence of completion. An adult age 21 or 
older must closely supervise youth hunters (within sight and normal 
voice contact). One adult can supervise no more than two youth hunters 
while hunting migratory game birds. All hunters and adult supervisors 
must possess and carry proof of completion of a State Hunter Education 
Course.
    4. All hunters must have a refuge lottery hunting permit prior to 
hunting. You will find applications for refuge permits (that you must 
possess and carry) inside the refuge hunting, fishing, and public use 
brochures.
    5. All hunters must check-in prior to hunting and check out after 
hunting at a refuge self-clearing check station. You must report all 
game taken on the refuge when checking out by using the check card.
    6. We prohibit airboats and marsh buggies (tracked vehicles) on the 
refuge. We restrict motorized boat use to existing canals, ditches, 
trenasses, ponds, and from areas marked as nonmotorized areas only.
    7. We prohibit parking, walking, or hunting within 150 feet (45 m) 
of any active oil well site, production facility, or equipment. We also 
prohibit hunting within 150 feet (45 m) of any public road, refuge road, 
trail, building, residence, or designated public facility.
    8. We prohibit feeding of any wildlife within the refuge.
    9. We allow hunting until 12 p.m. (noon). We allow hunters to enter 
the refuge up to 2 hours before legal sunrise.
    10. We open the refuge to hunting of migratory game bird on 
Wednesdays, Thursdays, Saturdays, and Sundays of the State waterfowl 
season.
    11. We allow hunting in the Centerville, Garden City, Bayou Sale, 
North Bend--East, and North Bend--West Units through November 30. After 
November 30, we allow hunting in the Centerville, Garden City, and Bayou 
Sale Units only. We open no other units to hunting of migratory game 
birds.
    12. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    13. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)). This requirement only applies to the use of 
shotgun ammunition.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow hunting from the start of the State squirrel and 
rabbit seasons until the last day of State waterfowl season in the West 
Zone.
    2. We prohibit upland game hunting on days corresponding with refuge 
deer gun hunts.
    3. We allow hunters to enter the refuge up to 2 hours before legal 
sunrise, but they must leave the refuge 1 hour after legal sunset.
    4. We allow hunting 7 days a week beginning with the opening of 
State seasons in the Centerville, Garden City, Bayou Sale, North Bend--
East, and North Bend--West Units through November 30. After November 30, 
we only allow hunting on Wednesdays, Thursdays, Saturdays, and Sundays 
in the Centerville, Garden City, and Bayou Sale Units until 12 p.m. 
(noon). We open no other units to hunting of upland game.
    5. We prohibit dogs.
    6. Conditions A1 through A8 and A13 apply.
    C. Big Game Hunting. We allow the hunting of white-tailed deer on 
designated areas of

[[Page 296]]

the refuge in accordance with State regulations subject to the following 
conditions:
    1. We only allow hunting of deer with firearms (see Sec. 27.42 of 
this chapter) during 7 specific days in November. A youth gun hunt will 
occur during the first weekend in November. The first of two general gun 
hunts will occur on the third weekend, and the final general gun hunt 
will occur during the final full weekend of November. These gun hunts 
include both Saturday and Sunday only, except the final general gun hunt 
will additionally include the Friday immediately before the weekend.
    2. We allow hunting of deer with archery equipment from the start of 
the State archery season until the last day of November, except for 
those days that deer gun hunts occur.
    3. All archery hunters must possess and carry proof of completion of 
the International Bowhunters Education Program.
    4. We allow hunting in the Centerville, Garden City, Bayou Sale, 
North Bend--East, and North Bend--West Units only. We do not open the 
Bayou Sale Unit for all big game firearm hunts.
    5. We only allow each hunter to possess 1 deer of either sex per 
day. State season limits apply.
    6. You may take no other native or feral wildlife other than white-
tailed deer while engaged in big game hunting (see Sec. 27.21 of this 
chapter).
    7. We prohibit possession of buckshot.
    8. We require a minimum of 400 square inches (2,600 cm\2\) of 
unbroken hunter orange as the outermost layer of clothing on the chest 
and back, and, in addition, we require a hat or cap of unbroken hunter 
orange. You must wear the solid hunter-orange items while in the field.
    9. Conditions A1 through A8 and B3 apply.
    D. Sport Fishing. We allow fishing in all refuge waters in 
accordance with State regulations subject to the following conditions:
    1. We only allow recreational fishing. We prohibit all commercial 
fishing activity.
    2. We prohibit the use of unattended nets, traps, or lines (trot, 
jug, bush, etc.).
    3. The refuge is daylight use only.
    4. We prohibit the take of turtle (see Sec. 27.21 of this chapter).
    5. Conditions A1 and A5 through A8 apply.

                Big Branch Marsh National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, coot, 
goose, snipe, rail, and gallinule on designated areas of the refuge 
during the State waterfowl season in accordance with State regulations 
subject to the following conditions:
    1. We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, 
and Sundays, until 12 p.m. (noon), including the special teal season and 
youth waterfowl hunt.
    2. We do not open the refuge to goose hunting for that part of the 
season that extends beyond the regular duck season.
    3. You must remove blinds and decoys (see Sec. 27.93 of this 
chapter) by noon.
    4. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    5. You must possess and carry a valid refuge hunt permit.
    6. We prohibit air-thrust boats, motorized pirogues, mud boats, and 
air-cooled propulsion engines on the refuge.
    7. Youth hunters under age 16 must have completed a hunter education 
course and possess and carry evidence of completion. An adult age 21 or 
older must closely supervise youth hunters (within sight and normal 
voice contact). One adult may supervise no more than two youth hunters 
while hunting migratory game.
    8. The refuge is open from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    9. We prohibit possession of buckshot, slugs, rifles, or rifle 
ammunition.
    10. We prohibit hunting within 150 feet (45 m) of the maintained 
rights-of-way of roads, refuge road, trail, building, residence, 
designated public facility, above-ground oil and gas or electrical 
facilities, or from across ATV trails (see Sec. 27.31 of this chapter).
    11. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)).
    12. Hunters may not enter the refuge before 4 a.m.
    13. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
woodcock, and quail on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow upland game hunting during the open State season using 
only approved nontoxic (see Sec. 32.2(k)) shot size 4 or 
smaller.
    2. You may only use dogs for squirrel and rabbit after the close of 
the State gun deer season.
    3. We only allow dogs to locate, point, and retrieve when hunting 
for snipe, woodcock and quail.
    4. Conditions A5 through A13 apply.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We are open during the State season for archery hunting of deer.

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    2. We only allow portable stands.
    3. We prohibit dogs and driving deer.
    4. You may take deer of either sex for the entire archery deer 
season. The State season limits apply.
    5. You must remove all deer stands within 14 days of the end of the 
refuge deer season (see Sec. 27.93 of this chapter).
    6. You may only take hogs during the refuge archery hunt with bow 
and arrow.
    7. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals or other feed or 
any nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    8. Conditions A5 through A11 apply.
    9. Youth hunters under age 16 must have completed a hunter education 
course and possess and carry evidence of completion. An adult age 21 or 
older must closely supervise youth hunters (within sight and normal 
voice contact). One adult may supervise no more than one youth hunter 
while hunting big game.
    10. Conditions A5 through A13 apply.
    D. Sport Fishing. We allow fishing in designated waters of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only fish during from legal sunrise to legal sunset.
    2. You must only use rods and reel or pole and lines while fishing.
    3. We prohibit trotlines, slat traps, jug lines, or nets.
    4. We allow recreational crabbing.
    5. We prohibit all commercial finfishing and shellfishing.
    6. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).
    7. Condition A6 applies.

                Black Bayou Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit.
    2. We allow hunting north of ``cemetery pipeline'' and east of the 
main body (permanent water) of Black Bayou Lake.
    3. We allow waterfowl hunting until 12 p.m. (noon) during the State 
season except we do not open during the special teal season and State 
youth waterfowl hunt.
    4. We prohibit accessing the hunting area by boat from Black Bayou 
Lake.
    5. You may enter the refuge no earlier than 4 a.m.
    6. We prohibit hunting within 150 feet (45 m) of the maintained 
right-of-way of roads, from or across ATV trails (see Sec. 27.31 of 
this chapter). We prohibit hunting within 50 feet (15 m), or trespassing 
on above-ground oil or gas production facilities.
    7. We prohibit leaving boats, blinds, and decoys unattended.
    8. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    9. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. One adult may supervise two youth hunters.
    10. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    11. We only allow ATVs on trails (see Sec. 27.31 of this chapter) 
designated for their use and marked by signs. We do not open ATV trails 
March 1 through August 31. An all-terrain vehicle (ATV) is an off-road 
vehicle with factory specifications not to exceed the following: weight 
750 lbs. (337.5 kg), length 85 inches (212.5 cm), and width 48 inches 
(120 cm). We restrict ATV tires to those no larger than 25x12 with a 
maximum of 1 inch (2.5 cm) lug height and a maximum allowable tire 
pressure of 7 psi as indicated on the tire by the manufacturer.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1, A2, A4, A6, A9, and A10 apply.
    2. We prohibit possession of firearms (see Sec. 27.42 of this 
chapter) larger than .22 caliber rimfire, shotgun slugs, and buckshot.
    3. You may hunt raccoon and opossum from \1/2\ hour before sunrise 
to \1/2\ hour after sunset of rabbit and squirrel season and at night 
during December and January. You may use dogs for night hunting. We 
prohibit selling raccoon and opossum taken on the refuge for human 
consumption.
    4. We allow use of dogs to hunt squirrel and rabbit after the refuge 
archery deer hunt.
    5. We allow use of horses and mules to hunt raccoon and opossum at 
night only after obtaining a Special Use Permit at the refuge office.
    6. We prohibit opossum and raccoon night hunters from using ATVs.
    7. You may enter the refuge no earlier than 4 a.m. and must exit no 
later than 1 hour after legal shooting hours.

[[Page 298]]

    8. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting on the refuge. This requirement only applies to the use of 
shotgun ammunition.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A4, A6, A10, A11, and B7 apply.
    2. We allow archery deer hunting during October, November, and 
December north of ``cemetery pipeline'' and east of the main body 
(permanent water) of Black Bayou Lake.
    3. We prohibit gun deer hunting.
    4. The daily bag limit is one deer of either sex. The State season 
limit applies.
    5. Hunters must possess and carry proof of completion of the 
International Bowhunters Education Program.
    6. We prohibit leaving deer stands, blinds, and other equipment 
unattended.
    7. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. One adult may supervise no more than one youth hunter.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. You may enter the refuge \1/2\ hour before legal sunrise, and you 
must exit no later than \1/2\ hour after legal sunset.
    2. You may only launch boats at the concrete ramp adjacent to the 
visitor center. We prohibit launching boats with motors greater than 50 
hp. We prohibit personal watercraft (Jet Skis).
    3. We prohibit trotlines, limb lines, yo-yos, traps, or nets.
    4. We prohibit commercial fishing.
    5. We prohibit leaving boats or other equipment on the refuge 
overnight (see Sec. 27.93 of this chapter).
    6. We require a boat launch fee. You must pay launch fees and fill 
out and properly display your launch permit before launching boat.
    7. We prohibit take of frog, turtle, and mollusk (see Sec. 27.21 of 
this chapter).
    8. We prohibit crossing the water hyacinth blooms in a boat.

                  Bogue Chitto National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon).
    2. We only allow woodcock hunting using approved nontoxic shot (see 
Sec. 32.2(k)) size 4 or smaller.
    3. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a certificate of completion. Each youth hunter must remain 
within sight and normal voice contact of an adult age 21 or older. For 
waterfowl hunts, one adult may supervise two youth hunters.
    4. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    5. We require a signed refuge hunt permit.
    6. We allow public hunting refuge-wide during the open State season 
for listed species, except for the east levee of the Pearl River 
Navigation Canal as indicated on refuge permit map.
    7. We prohibit hunting within 150 feet (45 m) of any public road, 
refuge road, trail, building, residence, designated public facility or 
from or across above-ground oil or gas or electrical facilities.
    8. We prohibit possession of slugs, buckshot, or rifle or pistol 
ammunition larger than .22 caliber rimfire.
    9. We allow primitive camping within 100 feet (30 m) of designated 
streams. These include either bank of the Boque Chitto River, Wilson 
Slough, and West Pearl River south of Wilson Slough, refuge lands along 
the East Pearl River, and Holmes Bayou.
    10. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)). This requirement only applies to the use of 
shotgun ammunition.
    2. You may use dogs for squirrel during a portion of the squirrel 
season, typically in November and from after the close of the refuge gun 
deer season until the end of the State squirrel season.
    3. You may use dogs for rabbit during a portion of the squirrel 
season, typically in November and after the close of the State gun deer 
season.
    4. You may use dogs for raccoon; the season is typically during the 
months of January and February.
    5. We will close the refuge to hunting (except waterfowl) and 
camping when the Pearl River reaches 15.5 feet (4.65 m) on the Pearl 
River Gauge at Pearl River, Louisiana.

[[Page 299]]

    6. We prohibit the take of feral hog during any upland game hunts.
    7. Conditions A3 (upland game hunts), and A5 through A10 apply.
    8. During the refuge deer gun season, all hunters except waterfowl 
hunters must wear a minimum of 400 square inches (2,600 cm2) of unbroken 
hunter orange as the outermost layer of clothing on the chest and back, 
and in addition we require a hat or cap of unbroken hunter orange.
    9. We allow upland game hunting during the open State season.
    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 subject to the following conditions:
    1. Conditions A3 (one adult may only supervise one youth hunter 
during refuge Gun Deer Hunts), A5 through A7, A10, B5, and B8 apply.
    2. You must remove all deer stands within 14 days following the end 
of the refuge deer season (see Sec. 27.93 of this chapter).
    3. We allow archery deer hunting during the open State archery 
season.
    4. General Gun Deer Hunts are typically in November and December.
    5. Primitive weapons season is typically open in December.
    6. We prohibit the use of dogs.
    7. We prohibit using shot larger than No. 2 during turkey season.
    8. You may only take gobblers.
    9. You may take hogs as incidental game while participating in the 
refuge archery, primitive weapon and general gun deer hunts only. 
Additionally, you may take hogs typically during varying dates in 
January and February, and you must only take them with the aid of 
trained hog-hunting dogs from legal sunrise until legal sunset. During 
the special hog season in January and February, hunters may use pistol 
or rifle ammunition not larger than .22 caliber or a shotgun with 
nontoxic (steel, bismuth) shot to kill hogs after they have been caught 
by dogs.
    10. You must kill all hogs prior to removal from the refuge.
    11. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals, or other feed or 
nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    D. Sport Fishing. We allow fishing year-round in accordance with 
State regulations subject to the following conditions:
    1. We only allow cotton limb lines.
    2. Conditions A9 and B5 apply.
    3. We close the fishing ponds at the Pearl River Turnaround to 
fishing during the months of April, May, and June.
    4. We allow boats in the fishing ponds at the Pearl River Turnaround 
that do not have gasoline-powered engines attached. These boats must be 
hand launched into the ponds.
    5. We prohibit the take of turtle (see Sec. 27.21 of this chapter).
    6. We allow trotlines but the last five feet of trotline must be 
100% cotton.

                     Breton National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of goose (except 
Canada goose), duck, coots, snipe, and dove on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. The waterfowl hunt is a youth hunt only. We set hunt dates in 
September, and you may obtain information from the refuge. We will 
accept permit applications September 1 through October 15 and limit 
applications to a choice of 2 dates. We will notify successful 
applicants.
    2. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. For waterfowl hunts, one adult may supervise two youth hunters.
    3. We require every hunter to possess and carry signed refuge 
hunting regulations and permit.
    4. You must complete a Hunter Information Card at a self-clearing 
check station after each hunt before leaving the refuge.
    5. We allow dove hunting on designated areas during the first split 
of the State dove season only.
    6. We allow snipe hunting on designated areas for the remaining 
portion of the State snipe season following closure of the State Ducks 
and Coots season in the West Zone.
    7. We prohibit hunting within 150 feet (45 m) of any public road, 
refuge road, trail, building, residence, or designated public facility.
    8. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of

[[Page 300]]

whether such payment is for guiding, outfitting, lodging, or club 
membership.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow archery as the only form of hunting 
for white-tailed deer in designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. You must possess and carry proof of completion of the 
International Bowhunters Education Program to bowhunt on the refuge.
    2. Conditions A2 (for big game hunt, one adult may supervise no more 
than one youth hunter), A3, A4, A7, and A8 apply.
    D. Sport Fishing. We allow fishing, boating, crabbing, and cast 
netting on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. You must fish with a rod and reel or a pole and line. We prohibit 
the possession of any other type of fishing gear, including limb lines, 
gill nets, jug lines, yo-yos or trotlines.
    2. You may fish, crab, or cast net in the East Cove unit year-round 
from legal sunrise to legal sunset, except during the State waterfowl 
season and when we close the Grand Bayou Boat Bay.
    3. We prohibit fishing, crabbing, or cast netting from or 
trespassing on refuge water control structures at any time.
    4. We prohibit walking, wading, or climbing in or on the marsh, 
levees, or structures.
    5. We allow sport fishing, crabbing, and cast netting in the 
Gibbstown Unit Bank Fishing Road waterways and adjacent borrow pits and 
the Outfall Canal from March 15 through October 15 only.
    6. We only allow nonpowered boats in the Bank Fishing Road 
waterways.
    7. We only allow recreational crabbing with cotton hand lines or 
dropnets up to 24 inches (60 cm) outside diameter.
    8. You must attend all lines, nets, and bait and remove them from 
the refuge (see Sec. 27.93 of this chapter) when you leave.
    9. We allow a daily limit of five dozen crabs per boat or vehicle.
    10. We allow recreational cast netting for shrimp during the 
Louisiana Inland Shrimp Season when we open the East Cove Unit for 
boats.
    11. You may only use a cast net that does not exceed a 5 foot (12.5 
cm) hanging radius.
    12. We allow a daily limit of 5 gallons (19 L) of heads-on shrimp 
per boat.
    13. We only allow recreational cast netting for bait year-round when 
we open the East Cove Unit for boats.
    14. We prohibit the use of ATVs, air-thrust boats, personal 
motorized watercraft (Jet Skis), and air-cooled propulsion engines (go 
devil-style motors) in any refuge area (see Sec. 27.31(f) of this 
chapter).
    15. You may operate outboard motors in refuge canals, bayous, and 
lakes. We only allow trolling motors in the marsh.
    16. Condition A8 applies.
    17. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

                   Cat Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge as shown on the 
refuge hunt brochure map in accordance with State regulations subject to 
the following conditions:
    1. We require hunters and anglers age 16 and older to purchase and 
carry a signed refuge special recreational activity permit.
    2. Each hunter must sign in at the refuge check station when 
entering and leaving the refuge.
    3. The refuge opens at 4 a.m. and closes 1 hour after legal sunset.
    4. We prohibit possession of firearms in areas posted as ``No 
Hunting Zones.''
    5. You may only enter and exit the refuge from designated parking 
areas.
    6. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult must possess and carry a refuge permit and may 
supervise no more than two youth hunters during waterfowl/upland game 
hunting.
    7. We allow take of beaver, feral hog, nutria, raccoon, and coyote 
incidental to any refuge hunt with weapons legal for that hunt until you 
take the daily bag limit of game.
    8. You must report all harvest game at the refuge check station upon 
leaving the refuge.
    9. We allow use of all-terrain vehicles on designated refuge trails 
(see Sec. 27.31 of this chapter) for wildlife-dependent activities from 
the first Saturday in September to the last day of the State-designated 
rabbit season. An all-terrain vehicle (ATV) is an off-road vehicle with 
factory specifications not to exceed the following: weight 750 lbs. 
(337.5 kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). 
We restrict ATV tires to those no larger than 25x12 with a maximum 1 
inch (2.5 cm) lug height and a maximum allowable tire pressure of 7 psi 
as indicated on the tire by the manufacturer.
    10. We prohibit transport of loaded weapons on an ATV (see Sec. 
27.42(b) of this chapter).
    11. We prohibit hunting within 150 feet (45 m) of any public road, 
refuge road, trail or ATV trail, building, residence, or designated 
public facility.
    12. We prohibit the possession or use of nonbiodegradable flagging 
tape.
    13. We prohibit horses or mules.
    14. We only allow parking in designated parking areas.

[[Page 301]]

    15. We prohibit camping or overnight parking on the refuge.
    16. We prohibit air-thrust boats on the refuge.
    17. We prohibit all other hunting during the special youth and Gun 
Deer Hunts.
    18. We allow waterfowl hunting on Tuesdays, Thursdays, Saturdays, 
and Sundays until 12 p.m. (noon) during the designated State duck 
season, except during the refuge quota deer hunts.
    19. You must remove boats, blinds, and decoys (see Sec. 27.93 of 
this chapter) daily.
    20. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    21. We prohibit accessing refuge property by boat from the 
Mississippi River.
    22. Persons using the refuge are subject to inspection of permits, 
licenses, hunting equipment, bag limits, and boats and vehicles by law 
enforcement officers.
    23. We allow nonmotorized or electric-powered boats only.
    24. We prohibit trapping.
    25. We prohibit the possession of saws, saw blades, or machetes.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge as shown on the refuge hunt brochure map 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A17, A19, A21, and A22 apply.
    2. We allow the use of .22 caliber or less rimfire rifles and 12 
gauge or higher shotguns to hunt upland game.
    3. We allow the use of squirrel and rabbit dogs from the day after 
the close of the State-designated deer rifle season to the end of the 
State-designated season. We allow up to two dogs per hunting party.
    4. We require the owner's name and phone number on the collars of 
all dogs.
    5. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)). This requirement only applies to the use of 
shotgun ammunition.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge as shown on the refuge hunt brochure map 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A17, A19, and A21 through A22 apply.
    2. You must only hunt deer using bow and arrow during the State-
designated deer season, except during the refuge quota deer hunts and 
the youth deer hunt.
    3. There will be two or three lottery gun hunts (muzzleloader/rifle) 
in November and December (see refuge brochure for details). We will set 
hunt dates in July, and we will accept applications from August 1 
through August 31. Applicants may apply for more than one hunt. There is 
a $5 application fee per person for each hunt application and a $15 per 
person permit for each successful applicant. We will notify successful 
applicants by September 5.
    4. We allow only portable deer stands. Hunters may erect stands 2 
days before the beginning of the refuge archery season and must remove 
them the last day of the State archery season (see Sec. 27.93 of this 
chapter).
    5. We prohibit the use of dogs to trail wounded deer or hogs.
    6. You must only use portable deer stands. Deer stands must have the 
owner's name, address, and phone number clearly printed on the stand.
    7. We prohibit the use of dogs to trail wounded deer.
    8. You may only take one deer of either sex per day during the deer 
season. State season limits apply. During the deer quota hunts, you may 
only take one deer of either sex during the quota hunt weekend.
    9. We require a minimum of 400 square inches (2,600 cm\2\) of 
unbroken hunter orange as the outermost layer of clothing on the chest 
and back, and in addition we require a hat or cap of unbroken hunter 
orange.
    10. We prohibit driving or screwing nails, spikes, or other metal 
objects into trees or hunting from any tree into which such an object 
has been driven (see Sec. 32.2(i)).
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
as shown on the refuge hunting and fishing brochure map in accordance 
with State regulations subject to the following conditions:
    1. We prohibit commercial fishing or commercial crawfishing.
    2. Conditions A1, A3, A4, A9 (on the open portions of Wood Duck ATV 
Trail for wildlife-dependent activities throughout the year), A13 
through A16, and A19 apply.
    3. We only allow hook and line to catch bait fish.
    4. We prohibit slat traps or hoop nets on the refuge.
    5. You may use trotlines and yo-yos on the refuge. The ends of 
trotlines must consist of a length of cotton line that extends from the 
points of attachment into the water. You must attend yo-yos (within 
sight) at all times.
    6. We prohibit possession of cleaned or processed fish on the 
refuge.
    7. We allow recreational crawfishing on the refuge with either traps 
or nets April 1 through July 31, according to State regulations 
regarding trap requirements and licensing. The harvest limit is 100 
pounds (45 kg) per vehicle or boat per day.
    8. You must attend all crawfish traps and nets at all times and may 
not leave them on the refuge overnight. We allow up to and not exceeding 
20 traps per angler on the refuge.
    9. We prohibit harvest of frog or turtle on the refuge (see Sec. 
27.21 of this chapter).
    10. We prohibit boat launching by trailer from all refuge roads and 
parking lots.

[[Page 302]]

    11. We prohibit the harvest of frogs or turtles (see Sec. 27.21 of 
this chapter).

                   Catahoula National Wildlife Refuge

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

[[Page 303]]

and the Highway 28 and 84 borrow pits of the Headquarters Unit.
    8. At the Headquarters Unit, we close upland game hunting during 
high water conditions with an elevation of 42 feet (12.6 m) or above as 
measured at the Corps of Engineers center of the lake gauge on Catahoula 
Lake. At the Bushley Bayou Unit, we close upland game hunting during 
high water conditions with an elevation of 44 feet (13.2 m) or above as 
measured at the Corps of Engineers center of the lake gauge on Catahoula 
Lake.
    9. On the Bushley Bayou Unit we allow the use of dogs to hunt 
squirrel, rabbit, and raccoon only after the last deer-muzzleloader 
hunt.
    10. Dog owners must place their names and phone numbers on the 
collars of all of their dogs.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A4 (at the Bushley Bayou Unit), A7 through A9, A12 
through A14, A16, and B4 through B8 (big game hunting) apply.
    2. At the Bushley Bayou Unit, we allow deer-archery hunting during 
the State archery season, except when closed during deer-gun and deer-
muzzleloader hunts. We allow either-sex, deer-muzzleloader hunting 
during the first segment of the State season for Area 1, weekdays only 
(Monday through Friday) and the third weekend after Thanksgiving Day. We 
allow either-sex, deer-gun hunting for the Friday, Saturday, and Sunday 
immediately following Thanksgiving Day and for the second weekend 
following Thanksgiving Day.
    3. At the Headquarters Unit, we allow deer-archery hunting during 
the State archery season, except when closed during the deer-gun hunt 
south of the French Fork of the Little River. We allow either-sex, deer-
gun hunting on the fourth weekend after Thanksgiving Day on the area 
south of the French Fork of the Little River.
    4. We allow portable stands and climbing stands, but hunters must 
remove them from the refuge daily (see Sec. 27.93 of this chapter).
    5. We prohibit possession of buckshot.
    6. We require a minimum of 400 square inches (2,600 cm\2\) of 
unbroken hunter orange as the outermost layer of clothing on the chest 
and back, and in addition we require a hat or cap of unbroken hunter 
orange. You must wear the solid hunter-orange items while in the field.
    7. You may only take one deer per day during any refuge deer hunt. 
The State season limits apply.
    8. We prohibit the use of organized drives for taking or attempting 
to take game or using pursuit dogs.
    9. Archery hunters must possess and carry proof of completion of the 
International Bowhunters Education Program.
    10. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult must possess and carry a refuge permit and may 
supervise no more than one youth hunter.
    11. We prohibit the use of dogs to trail wounded deer.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A4 (at the Bushley Bayou Unit), A7, A9, A13 (as a 
fishing guide), A14, A16, B5, and B7 apply.
    2. We require anglers to possess and carry at all times a signed 
copy of a current refuge hunting/fishing permit.
    3. At the Bushley Bayou Unit, we allow fishing and crawfishing year-
round. We allow trotlines, but you must tend them at least once every 24 
hours and reset them when receding water levels expose them. You must 
attach them with a length of cotton line that extends into the water. We 
allow yo-yos, but you must attend and only use them from 1 hour before 
legal sunrise until \1/2\ hour after legal sunset. We only allow 
recreational gear (slat traps, wire nets, and hoop nets) by refuge 
Special Use Permit and only in Bushley Creek, Big Bushley Creek, and 
Little Bushley Creek.
    4. At the Headquarters Unit, we allow year-round fishing on Cowpen 
Bayou and the Highway 28 borrow pits. We open fishing on the remainder 
of the Headquarters Unit including Duck Lake, Muddy Bayou, Willow Lake, 
and the Highway 84 borrow pits from March 1 through October 31. We only 
allow pole and line or rod and reel fishing. We prohibit snagging.
    5. We allow fishing from 1 hour before legal sunrise until \1/2\ 
hour after legal sunset.
    6. At the Headquarters Unit, we only allow launching of trailered 
boats at designated boat ramps. You may launch small, hand-carried boats 
at nonboat ramp sites. We prohibit dragging boats or driving vehicles 
(see Sec. 27.31 of this chapter) onto road shoulders to launch boats.
    7. We prohibit the taking or possession of all snakes, frogs, 
turtles, salamanders, and mollusks by any means (see Sec. 27.21 of this 
chapter).
    8. We prohibit bank fishing on Bushley Creek and fishing in Black 
Lake, Dempsey Lake, Long Lake, Rhinehart Lake, and round Lake, during 
deer-gun and muzzleloader hunts. We prohibit fishing in Black Lake, 
Dempsey Lake, Long Lake, Rhinehart

[[Page 304]]

Lake, and Round Lake during waterfowl hunts.

                   D'Arbonne National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and woodcock on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Hunters must possess and carry a signed refuge permit.
    2. We prohibit waterfowl hunting in the ``Beanfield'' area west of 
Bayou D'Arbonne and between Holland's Bluff Road and the ``Big 
Powerline'' east of Bayou D'Arbonne. We mark prohibited areas with blue 
paint and signs.
    3. We prohibit woodcock hunting in the ``Beanfield'' area west of 
Bayou D'Arbonne.
    4. We allow waterfowl hunting until 12 p.m. (noon) during the State 
season except when closed during the special teal season and State youth 
waterfowl hunt.
    5. Hunters may enter the refuge no earlier than 4 a.m.
    6. We prohibit hunting within 150 feet (45 m) of the maintained 
right-of-way roads, from or across ATV trails (see Sec. 27.31 of this 
chapter). We prohibit hunting within 50 feet (15 m) or trespassing on 
above-ground oil or gas production facilities.
    7. We prohibit leaving boats, blinds, and decoys unattended.
    8. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    9. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult must possess and carry a refuge permit and may 
supervise no more than two youth hunters.
    10. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1, A6, A9, and A10 apply.
    2. We prohibit hunting in the ``Beanfield'' area west of Bayou 
D'Arbonne after October 31.
    3. We prohibit possession of firearms larger than .22 caliber 
rimfire, shotgun slugs, and buckshot while engaged in upland game 
hunting.
    4. You may hunt raccoon and opossum during the daylight hours of 
rabbit and squirrel season and at night during December and January. You 
may use dogs for night hunting. You may take raccoon and opossum on the 
refuge, but we prohibit their sale for human consumption.
    5. You may use dogs to hunt squirrel and rabbit after the last 
refuge Gun Deer Hunt.
    6. You may only use horses and mules to hunt raccoon and opossum at 
night after obtaining a special permit at the refuge office.
    7. Hunters may enter the refuge no earlier than 4 a.m. and must exit 
no later than 2 hours after legal shooting hours.
    8. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)). This requirement only applies to the use of shotgun 
ammunition.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A3 (for gun deer hunting), A6, A10, and B7 apply.
    2. We allow general gun deer hunting on the following days: the 
first consecutive Saturday and Sunday of November, the Friday, Saturday, 
and Sunday following Thanksgiving Day, and the second Saturday and 
Sunday after Thanksgiving Day. We allow archery deer hunting during the 
entire State season.
    3. We allow a restricted Gun Deer Hunt for hunters with Class I 
Wheelchair Bound Permit issued by the Louisiana Department of Wildlife 
and Fisheries on the second consecutive Saturday and Sunday of November. 
Only permitted hunters may carry firearms (see Sec. 27.42 of this 
chapter).
    4. The daily bag limit is one antlered and one antlerless deer. The 
State season limit applies.
    5. You must check all deer taken during general Gun Deer Hunts at a 
refuge check station between 7 a.m. and 7 p.m. on the same day taken 
unless stated otherwise in the annual refuge hunting brochure and 
permit.
    6. Archery hunters must possess and carry proof of completion of the 
International Bowhunters Education Program.
    7. We prohibit leaving deer stands, blinds, and other equipment 
unattended.
    8. Deer hunters must wear hunter orange as per State deer hunting 
regulations on Wildlife Management Areas.
    9. We prohibit hunters placing, or hunting from, stands on pine 
trees with white painted bands/rings.
    10. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult must

[[Page 305]]

possess and carry a refuge permit and may supervise no more than one 
youth hunter.
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following conditions:
    1. We prohibit leaving boats and other personal property on the 
refuge unattended.
    2. You must tend trotlines daily. You must attach ends of trotlines 
by a length of cotton line that extends into the water.
    3. We prohibit commercial fishing. Recreational fishing using 
commercial gear (slat traps, etc.) requires a special refuge permit 
(that you must possess and carry) available at the refuge office.
    4. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

                     Delta National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions.
    1. We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, 
and Sundays until 12 p.m. (noon), including special teal season, youth 
waterfowl season, and ``light goose'' special conservation season.
    2. We only allow temporary blinds. You must remove both blinds and 
decoys (see Sec. 27.93 of this chapter) by 12 p.m. (noon).
    3. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    4. Hunters must possess and carry a valid refuge hunt permit.
    5. We only allow hunting on those portions of the refuge that lie 
northwest of Main Pass and south of Raphael Pass.
    6. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)). We prohibit possession of buckshot, slugs, 
rifles, or rifle ammunition.
    7. We prohibit air-thrust boats, motorized pirogues, mud boats, and 
air-cooled propulsion engines on the refuge.
    8. We close all refuge lands between Raphael Pass and Main Pass to 
all entry during the State waterfowl hunting season.
    9. We prohibit discharge of firearms (see Sec. 27.42 of this 
chapter) within 250 yards (225 m) of buildings or worksites, such as oil 
or gas production facilities.
    10. We allow primitive camping year-round in designated areas (see 
refuge map). No person or party will remain camped, nor will any 
campsite remain established, in excess of 14 consecutive days.
    11. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult must possess and carry a refuge permit and may 
supervise no more than two youth hunters during waterfowl hunts.
    12. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of weather 
such payment is for guiding, outfitting, lodging, or club membership.
    13. We open the refuge from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset, with the exception that hunters may enter the 
refuge earlier, but not before 4 a.m. Condition A10 applies.
    B. Upland Game Hunting. We allow hunting of rabbit on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. The refuge rabbit season opens the day after the State duck 
season closes and continues through the remainder of the State rabbit 
season.
    2. We restrict hunting to shotgun only.
    3. We allow dogs for rabbit hunting.
    4. Conditions A4 through A12 (each adult may supervise no more than 
two youth hunters during upland game hunting), and A13 apply.
    C. Big Game Hunting. We allow hunting of white-tailed deer and hog 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. For archery hunting of deer and hogs, conditions A4 through A13 
apply. For A11 each adult may supervise no more than one youth hunter 
during big game hunting.
    2. We allow archery deer hunting October 1 through 31 (either sex) 
and from the day after the close of the State duck season through the 
end of the State deer archery season.
    3. Hunters must only use portable stands for archery deer hunting.
    4. We prohibit dogs and driving of deer for archery deer hunting.
    5. You may only take hog with archery equipment.
    6. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals or other feed or 
any nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    D. Sport Fishing. We allow recreational fishing and crabbing on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow recreational fishing and crabbing from legal 
sunrise to legal sunset.
    2. We prohibit all commercial finfishing and shellfishing.
    3. We prohibit the use of trotlines, limblines, slat traps, jug 
lines, nets, or alligator lines.
    4. Condition A8, A11, and A13 (fishing guide) applies.

[[Page 306]]

    5. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

                   Grand Cote National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, mourning dove, and woodcock on designated areas of the refuge on 
designated areas (shown on the refuge hunting brochure map) in 
accordance with State regulations subject to the following conditions:
    1. We require hunters and anglers age 16 and older to purchase and 
carry a signed refuge special recreational activity permit.
    2. Hunters must fill out a free daily ``check-in'' and ``check out'' 
refuge hunting permit obtained at designated check stations and must 
properly display the associated windshield permit while in parking lots.
    3. The refuge opens at 4 a.m. and closes 1 hour after legal sunset.
    4. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may supervise no more than two youth hunters during 
waterfowl hunts.
    5. You may only enter and exit the refuge from designated parking 
lots.
    6. We prohibit camping or parking overnight on the refuge.
    7. We prohibit discharge of firearms (see Sec. 27.42 of this 
chapter) except when hunting.
    8. We prohibit marking of trails with nonbiodegradable flagging 
tape.
    9. We allow use of ATVs on designated trails (see Sec. 27.31 of 
this chapter) from the first Saturday in September to the last day of 
the State rabbit season. An ATV is an off-road vehicle with factory 
specifications not to exceed the following: weight 750 pounds (337.5 
kg), length 85 inches (212.5 cm), and width 48 inches (120 cm). We 
restrict ATV tires to those no larger than 25x12 with a maximum 1 inch 
(2.5 cm) lug height and a maximum allowable tire pressure of 7 psi as 
indicated on the tire by the manufacturer.
    10. We prohibit horses and mules.
    11. We prohibit hunting within 150 feet (45 m) of any public road, 
refuge road, trail or ATV trail, building, residence, above-ground oil 
or gas or electrical transmission facilities, or designated public 
facility.
    12. We prohibit transport of loaded weapons on an ATV (see Sec. 
27.42(b) of this chapter).
    13. We prohibit blocking of gates or trails (see Sec. 27.31(h) of 
this chapter) with vehicles or ATVs.
    14. We prohibit ATVs on trails/roads (see Sec. 27.31 of this 
chapter) not specifically designated by signs for ATV use.
    15. We only allow nonmotorized boats.
    16. We allow incidental take of raccoon, feral hog, beaver, nutria, 
and coyote while you are hunting migratory birds, upland game, or big 
game, with weapons legal for that hunt only.
    17. We only allow waterfowl (duck, goose, coot) hunting on 
Wednesdays and Saturdays until 12 p.m. (noon) during the Statewide duck 
season.
    18. We only allow the use of shotguns while waterfowl hunting.
    19. We prohibit the construction or use of permanent blinds.
    20. You must remove all decoys, portable blinds, and boats (see 
Sec. 27.93 of this chapter) daily.
    21. We only allow incidental take of mourning dove while migratory 
bird hunting on days open to waterfowl hunting.
    22. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    23. There will be space-blind waterfowl hunts on designated sections 
of the refuge during the regular State waterfowl season (see refuge 
brochure for details). Hunt dates will be Wednesdays and Saturdays until 
12 p.m. (noon). There will be a random drawing on each hunt day to 
select participants. The drawing for each hunt day will be approximately 
2 hours before legal sunrise. We will limit blinds to three persons. We 
will set hunt dates in September, subject to water availability, after 
the State sets the season.
    24. There will youth-only lottery waterfowl hunts on designated 
sections of the refuge during the regular State waterfowl season (see 
refuge brochure for details). We will determine hunt dates after the 
State sets the waterfowl season and limit the hunts to no more than five 
per season. We will accept applications from November 1 through November 
21. We will notify successful applicants by mail.
    25. There may be special youth, women, and disabled hunter dove 
hunts (subject to cropland availability) during the regular State dove 
season (see refuge brochure for details). We will determine hunt dates 
after the State sets the season. We will determine the number of hunt 
days and participants by location of available cropland. We will accept 
applications from July 1 through July 31, and we may only select 
individuals for one hunt date. We will notify successful applicants by 
mail.
    26. Individuals utilizing the refuge are subject to inspections of 
permits, licenses, hunting equipment, bag limits, and boats and vehicles 
by law enforcement officers.
    27. We allow nonmotorized or electric-powered boats only.
    28. We prohibit the possession of saws, saw blades, or machetes.
    29. We prohibit trapping.
    B. Upland Game Hunting. We allow hunting of rabbit on designated 
areas of the refuge as shown on the refuge hunting brochure map

[[Page 307]]

in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A16, A20, and A26 apply.
    2. We allow rabbit hunting from December 1 until the end of the 
Statewide season.
    3. We only allow use of shotguns during designated hunts.
    4. We only allow rabbit dogs after the close of the State deer rifle 
season.
    5. We require the owner's name and phone number on the collars of 
all dogs.
    6. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
for upland game hunting. This requirement only applies to the use of 
shotgun ammunition.
    7. We allow the use of .22 caliber or less rimfire rifles and 12 
gauge or higher shotguns to hunt upland game.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge as shown on the refuge hunting brochure 
map in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A16, A20, and A26 apply.
    2. We allow archery-only deer hunting on certain sections of the 
refuge from October 1 through November 30 (see refuge brochure for 
details).
    3. We allow only portable deer stands (see Sec. Sec. 27.93 and 
27.94 of this chapter). Deer stands must have the owner's name, address, 
and phone number clearly printed on the stand.
    4. We prohibit hunters to drive deer or to use pursuit dogs. We 
prohibit the use of dogs to trail wounded deer or hogs.
    5. We only allow archery equipment during designated seasons.
    6. We require hunters to complete and possess and carry proof of 
completion of the International Bowhunters' Safety Course.
    7. You may kill one deer of either sex per day during the deer 
season.
    8. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may supervise no more than two youth hunters.
    9. We prohibit driving or screwing nails, spikes, or other metal 
objects into trees or hunting from any tree into which such an object 
has been driven (see Sec. 32.2(i)).
    D. Sport Fishing. We allow fishing and seasonal take of crawfish in 
designated waters of the refuge as shown on the crawfish permit map in 
accordance with State regulations subject to the following conditions:
    1. Conditions A11, A26, C7, and C8 apply.
    2. We only allow fishing in Coulee Des Grues along Little California 
Road.
    3. We only allow fishing with pole and line.
    4. We prohibit leaving parking areas to fish until legal sunrise.
    5. We allow fishing and crawfishing from legal sunrise to legal 
sunset.
    6. We allow crawfishing from April 1 through July 31, subject to 
available water in designated areas as depicted on the crawfish permit 
map available at refuge headquarters.
    7. We require anglers to take crawfish using pyramid nets with 
webbing made of cotton or nylon. We prohibit wire traps.
    8. You may harvest 100 lbs. (45 kg) of crawfish per person per day.
    9. We prohibit sale of crawfish taken from the refuge.
    10. We prohibit glass containers on the refuge.
    11. You must remove all crawfishing gear (see Sec. 27.93 of this 
chapter) from refuge property after each day's visit.
    12. We prohibit possession of cleaned or processed fish on the 
refuge.
    13. We prohibit the harvest of frogs or turtles (see Sec. 27.21 of 
this chapter).
    14. We only allow bank fishing in Coulee des Grues along Little 
California Road.
    15. We prohibit launching boats, put or placed, in Coulee des Grues 
from refuge property.

                   Lacassine National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
gallinule, and coot on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Hunters must possess and carry a refuge hunting permit.
    2. We only allow hunting on designated areas of the refuge. These 
areas include the marshes south of the Intracoastal Waterway and the 
area east of the Lacassine Bayou excluding Unit B (lottery hunt area 
west of Streeter Road), Unit F, and the headquarters area along Streeter 
Road (see refuge map).
    3. We allow hunting Wednesdays through Sundays of the State teal and 
duck seasons (Western Zone). We close the refuge to hunting during the 
``goose only'' waterfowl season. State daily and season harvest limits 
apply.
    4. We prohibit entering the hunting area earlier than 4 a.m., and 
shooting hours end at 12 p.m. (noon) each day.
    5. We only allow firearms (see Sec. 27.42 of this chapter) legal 
for waterfowl hunting in the refuge hunting area.
    6. We prohibit all boat motors, including trolling motors, in refuge 
marshes. We prohibit air-thrust boats and ATVs on the refuge (see Sec. 
27.31(f) of this chapter).
    7. We prohibit hunting closer than 150 feet (45 m) to a canal or 
waterway, and hunting parties must maintain a distance of no less than 
150 yards (135 m) apart.
    8. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth

[[Page 308]]

must possess and carry a card or certificate of completion. Each youth 
hunter must remain within sight and normal voice contact of an adult age 
21 or older. Each adult must possess and carry a refuge permit and may 
supervise no more than two youth hunters during waterfowl hunts.
    9. You must remove all hunting-related equipment (see Sec. 27.93 of 
this chapter) immediately following each day's hunt.
    10. Only selected lottery hunt applicants may hunt on the designated 
lottery hunt area (Unit B) of the refuge. We designate hunt days on the 
lottery hunt for seniors and youth of the second split of the State duck 
season (Western Zone). You must contact the refuge office concerning the 
application process.
    11. We prohibit overnight camping on the refuge.
    12. We prohibit possession of alcohol in the hunt areas during the 
hunting season.
    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 
subject to the following conditions:
    1. Conditions A1, A6, A8 (each adult may supervise no more than one 
youth hunter during big game hunts), A9, A11, and A12 apply.
    2. We only allow archery hunting for white-tailed deer from October 
1 through October 31.
    3. We prohibit entrance to the hunting area earlier than 4 a.m. 
Hunters must leave no later than 1 hour after legal sunset.
    4. Each bowhunter must possess and carry a Bowhunter Education 
Certificate indicating completion of the State bowhunter safety class.
    5. The daily bag limit is one deer per day (either sex). The State 
season limits apply.
    6. We prohibit hunting in the headquarters area along Nature Road 
and along the Lacassine Pool Wildlife Drive (see refuge map).
    7. We only allow boats with motors of 25 hp or less in Lacassine 
Pool.
    8. We prohibit boats in Lacassine Pool and Unit D from October 16 
through March 14. We prohibit boats in Units A and C.
    9. We allow only foot access to the Unit F area.
    10. We prohibit firearms while deer hunting or scouting.
    11. We allow the use of crossbows for hunters age 60 or older, or 
hunters with a State handicapped crossbow permit.
    12. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals, or other feed on 
any nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A11, C7, and C8 apply.
    2. We allow fishing March 15 through October 15.
    3. You may enter the refuge 1 hour before legal sunrise, and you 
must leave 1 hour after legal sunset.
    4. We prohibit fishing in the headquarters display pond.
    5. We prohibit bank fishing on the Lacassine Pool Wildlife Drive.
    6. We prohibit air-thrust boats, ATVs, and Jet Skis on the refuge 
(see Sec. 27.31(f) of this chapter).
    7. We prohibit dragging or driving of boats over levees.
    8. You must only launch trailered boats at the cement ramps at the 
public boat launches in Lacassine Pool.
    9. We only allow boats powered by paddling or trolling motors in the 
Unit D impoundment within Lacassine Pool.
    10. We prohibit motors in the refuge marshes outside of Lacassine 
Pool.
    11. We only allow fishing with rod and reel or pole and line on 
refuge waters.
    12. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

                  Lake Ophelia National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, woodcock, snipe, and mourning dove on designated areas of the 
refuge, as shown in the refuge hunting brochure map, in accordance with 
State regulations subject to the following conditions:
    1. We require hunters and anglers age 16 and older to purchase and 
carry a signed refuge special recreational activity permit.
    2. Hunters must fill out a free daily ``check-in'' and ``check out'' 
refuge hunting permit obtained at designated check stations and must 
properly display associated windshield permit while in the parking lots.
    3. The refuge opens at 4 a.m. and closes 1 hour after legal sunset.
    4. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may supervise no more than two youth hunters during 
waterfowl hunts.
    5. You may only enter and exit the refuge from designated parking 
lots.
    6. We prohibit camping or parking overnight on the refuge.
    7. We prohibit marking of trails with nonbiodegradable flagging 
tape.
    8. We allow use of ATVs on designated trails (see Sec. 27.31 of 
this chapter) from the first Saturday in September until the last day of 
refuge turkey season. We define ATV

[[Page 309]]

as an off-road vehicle with factory specifications not to exceed the 
following: weight 750 lbs. (337.5 kg), length 85 inches (212.5 cm), and 
width-48 inches (120 cm). We restrict ATV tires to those no larger than 
25x12 with a maximum 1 inch (2.5 cm) lug height and a maximum allowable 
tire pressure of 7 psi (3.15 kg) as indicated on the tire by the 
manufacturer.
    9. We prohibit horses or mules.
    10. We prohibit hunting within 150 feet (45 m) of any designated 
road, ATV or hiking trail, or refuge facility.
    11. We prohibit transport of loaded weapons on an ATV (see Sec. 
27.42(b) of this chapter).
    12. We prohibit blocking of gates or trails (see Sec. 27.31(h) of 
this chapter) with vehicles or ATVs.
    13. We prohibit all other hunting during special youth and 
muzzleloader-quota deer hunts.
    14. We allow incidental take of raccoon, feral hog, beaver, nutria, 
and coyote while migratory bird hunting, upland game hunting, and big 
game hunting with weapons legal for that hunt.
    15. We allow motors up to 25 hp in Possum Bayou (north of Boat 
Ramp), Palmetto Bayou, Westcut Lake, Pt. Basse, and Nicholas Lake.
    16. We allow electric-powered or nonmotorized boats in Dooms Lake, 
Lake Long, and Possum Bayou (south of Boat Ramp).
    17. We only allow waterfowl (duck, goose, coot) hunting on Tuesdays, 
Thursdays, Saturdays, and Sundays until 12 p.m. (noon) during the 
Statewide duck season.
    18. We only allow the use of shotguns while waterfowl hunting.
    19. You must remove all decoys, portable blinds, and boats (see 
Sec. 27.93 of this chapter) daily.
    20. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    21. We will allow incidental take of mourning dove while migratory 
bird hunting on days open to waterfowl hunting.
    22. Persons using the refuge are subject to inspections of permits, 
licenses, hunting equipment, bag limits, boats, and vehicles by law 
enforcement officers.
    23. We prohibit trapping.
    B. Upland Game Hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge as shown on the refuge hunting brochure 
map in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A16, A19, and A22 apply.
    2. We allow squirrel and rabbit hunting in Hunt Unit 2B from the 
opening of the State season through December 15.
    3. We only allow squirrel and rabbit dogs after the close of the 
State deer rifle season. We allow no more than two dogs per hunting 
party.
    4. Dog owners must place their name and phone number on the collars 
of all their dogs.
    5. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
for upland game hunting. This requirement only applies to the use of 
shotgun ammunition.
    6. We allow the use of .22 caliber or less rimfire rifles and 12 
gauge or higher shotguns to hunt upland game.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge as shown on the refuge hunting 
brochure map in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1 through A3, A5 through A16, A19, and A22 apply.
    2. We require hunters to permanently attach their name, address, and 
phone number to the deer stand.
    3. We allow archery hunting from November 15 through January 1 and 
January 23 to the end of the State archery season except during the 
youth and muzzleloader deer hunts when we prohibit archery hunting.
    4. We allow archery deer hunting in Hunt Units 1B and 2B from 
November 15 through December 15.
    5. We allow youth deer hunting in all units during the State youth 
deer season.
    6. We allow only portable deer stands. Hunters may erect deer stands 
2 days before the beginning of the refuge archery season and must remove 
them the last day of the State archery season.
    7. We prohibit the use of organized drives for taking or attempting 
to take game or using pursuit dogs.
    8. We only allow archery equipment during designated seasons.
    9. Hunters must complete, possess, and carry proof of completion of 
the International Bowhunters' Safety Course.
    10. We prohibit the use of dogs to trail wounded deer.
    11. We allow electric-powered or nonmotorized boats in Lake Ophelia 
from November 1 through December 15.
    12. You may kill one deer of either sex per day during the first 
refuge archery season, and you may kill antlered bucks only during the 
second refuge archery season.
    13. We require a minimum of 400 square inches (2,600 cm\2\) of 
unbroken hunter orange as the outermost layer of clothing on the chest 
and back, and in addition we require a hat or cap of unbroken hunter 
orange during all deer gun hunts and the quota muzzleloaders deer hunts.
    14. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may

[[Page 310]]

only supervise one youth hunter during big game hunts.
    15. There will be three lottery muzzleloader hunts (see refuge 
brochure for details). We will set hunt dates in July, and we will 
accept applications from August 1 through August 31. Applicants may NOT 
apply for more than one hunt. There is a $5 nonrefundable application 
fee per person for each hunt application and a $15 per person permit for 
each successful applicant. We will notify successful applicants by 
September 15.
    16. There will be two lottery deer hunts for youth ages 12 to 15 
(see refuge brochure for details). We will set hunt dates in July, and 
we will accept applications from November 1 through November 21. We will 
provide blinds. We will require successful applicants to pass a shooting 
proficiency test in order to qualify for the hunt. We will notify 
successful applicants by mail.
    17. We prohibit driving or screwing nails, spikes, or other metal 
objects into trees or hunting from any tree in which such an object has 
been driven (see Sec. 32.2(i)).
    D. Sport Fishing. We allow fishing in designated areas as described 
in the refuge hunting brochure in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A3, A5 through A9, A17, A19 (remove boats [see 
Sec. 27.93 of this chapter]) and A22 apply.
    2. We allow sport fishing in Duck Lake, Westcut Lake, Possum Bayou, 
Lake Long, and the immediate vicinity of the Lake St. Agnes drainage 
culverts on the Red River.
    3. We prohibit the use of gear or equipment other than hook and line 
to catch bait fish.
    4. We allow fishing from March 1 through October 15 from legal 
sunrise to legal sunset.
    5. You must attend yo-yos (within sight) at all times.
    6. We prohibit possession of largemouth bass less than 14 inches 
long (35 cm) and black and white crappie less than 10 inches long (25 
cm).
    7. We prohibit cleaned or processed fish on the refuge.
    8. We allow use of ATVs on the Duck Lake ATV trail from March 15 
through October 15.
    9. We prohibit the harvest of frogs or turtles (see Sec. 27.21 of 
this chapter).
    10. We prohibit crawfishing.

                    Mandalay National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds in designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting of migratory game birds on Wednesdays and 
Saturdays until 12 p.m. (noon). Hunters may only enter the refuge after 
4 a.m.
    2. Prior to hunting, we must assign a refuge blind and issue a 
refuge lottery waterfowl permit to any person entering, using, or 
occupying the refuge for hunting migratory game birds. You may only hunt 
from your assigned blind.
    3. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult can supervise no more than two refuge-permitted youth 
hunters. We require all adult supervisors and hunters of migratory game 
birds to possess and carry a State Hunter Safety Course certificate.
    4. All hunters must check-in and check out at a refuge self-clearing 
check station. Each hunter must list their name and certificate number 
on the self-clearing check station form and deposit the form at a refuge 
self-clearing check station prior to hunting. Hunters must report all 
game taken on the refuge when checking out by using the self-clearing 
check station form.
    5. We allow no more than three hunters to hunt from a blind at one 
time.
    6. We prohibit firearms (see Sec. 27.42 of this chapter) other than 
those used to take migratory game birds in boats or in the possession of 
migratory game bird hunters.
    7. We prohibit air-thrust boats or marsh buggies on the refuge. We 
restrict motorized boat use to existing canals, ditches, trenasses, and 
ponds.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow the hunting of white-tailed deer and 
feral hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We open the refuge to hunting of deer and hog during the State 
deer season, except prior to 12 p.m. (noon) on Wednesdays and Saturdays 
during State waterfowl seasons, when we close areas north of the Intra-
Coastal Waterway to hunting of big game.
    2. Hunters may only enter the refuge after 4 a.m. and must exit by 1 
hour after legal sunset.
    3. You may take big game with archery equipment and in accordance 
with State law. You may only take one deer of either sex per day, and 
hunters may only possess one deer. The State season limits on deer 
apply. There is no daily or possession limit on the number of feral 
hogs.
    4. All hunters must possess and carry proof of completion of the 
International Bowhunters' Education Program when hunting.
    5. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals or other feed, or 
any nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    6. Condition A7 applies.

[[Page 311]]

    D. Sport Fishing. We allow fishing in all refuge waters in 
accordance with State regulations subject to the following conditions:
    1. We only allow recreational fishing. We prohibit commercial 
fishing on the refuge.
    2. We prohibit the use of unattended nets, traps, or lines (trot, 
jog, bush, etc.).
    3. We only allow fishing in refuge canals during the period of 
October 1 to January 31.
    4. We close the refuge to any nighttime activities unless 
specifically stated.
    5. Condition A7 applies.
    6. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

                   Red River National Wildlife Refuge

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

[[Page 312]]

adult can supervise no more than one youth hunter.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit leaving boats and other personal property on the 
refuge unattended.
    2. We prohibit boat launching with motors greater than 50 hp on all 
refuge waters.
    3. You must tend trotlines daily. You must attach ends of trotlines 
by a length of cotton line that extends into the water.
    4. We prohibit commercial fishing. Recreational fishing using 
commercial gear (slat traps, etc.) requires a special refuge permit 
(that you must possess and carry) available at the refuge office.
    5. We prohibit the taking of alligator snapping turtle (see Sec. 
27.21 of this chapter).

                     Sabine National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose 
(except Canada goose), and coot on areas designated by signs stating 
``Waterfowl Hunting Only'' and delineated on the refuge regulations and 
permit brochure map in accordance with State regulations subject to the 
following conditions:
    1. We require all hunters to possess and carry a signed refuge 
permit.
    2. We only allow waterfowl hunting on Wednesdays, Saturdays, and 
Sundays during the special teal season and during the regular waterfowl 
season.
    3. We only allow hunters to enter the refuge and launch boats after 
3 a.m. All participants must be out of the refuge hunt areas and back at 
West Cove Public Use Area by 12 p.m. (noon).
    4. We prohibit hunting on Christmas Day or New Year's Day should 
these days fall on a designated hunt day.
    5. Youth hunters age 17 and under must successfully complete a 
State-approved hunter education course. While hunting, each youth must 
possess and carry a card or certificate of completion. Each youth hunter 
must remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may supervise no more than two refuge-permitted youth 
hunters.
    6. We prohibit nonhunters entering the refuge hunt areas, with the 
exception of youth age 15 or under experiencing the hunt with their 
parent or guardian.
    7. You may access the hunt areas via the boat launches at the West 
Cove Public Use Area, by vehicle on Vastar Road, and at designated 
turnouts within the refuge public hunt area along State Highway 27 (see 
Sec. 27.31 of this chapter). We prohibit refuge entrance through 
adjacent private property or using the refuge to access private property 
or leases.
    8. We only allow launching of boats on trailers at West Cove Public 
Use Area. We allow hand launching of small boats along Vastar Road (no 
trailers permitted).
    9. We prohibit dragging boats across the levee.
    10. We only allow operation of outboard motors in designated refuge 
canals and Old North Bayou. We allow trolling motors within the refuge 
marshes.
    11. We prohibit air-thrust boats, personal motorized watercraft 
(e.g., Jet Skis), or boats with air-cooled propulsion engines (Go-Devil-
type motors).
    12. We prohibit hunting within 300 feet (90 m) of another hunter or 
within 150 feet (45 m) of refuge canals, public roads, buildings, above-
ground oil or gas or electrical transmission facilities, or designated 
public facility.
    13. You must only use portable blinds and those made of native 
vegetation. You must remove portable blinds, decoys, spent shells, and 
all other personal equipment (see Sec. Sec. 27.93 and 27.94 of this 
chapter) each day.
    14. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    15. We require you to complete and return a waterfowl harvest data 
form to the check station or designated drop box after each hunt.
    16. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    17. We prohibit all-terrain vehicles (ATVs) (see Sec. 27.31(f) of 
this chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing, crabbing, and cast netting in 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Bank and wharf access for fishing are available year-round at the 
Public Use Areas along State Highway 27. You may only access the refuge 
by boat during the March 15 to October 15 open period.
    2. We allow use of rod and reel, pole and line, or jug and line. We 
prohibit the use or possession of any other type of fishing gear, 
including limb lines, gill nets, or trot lines. We limit jug and line to 
10 per boat, and you must attend them at all times. You must mark all 
jugs with the attendant's fishing license number and remove them (see 
Sec. 27.93 of this chapter) from the refuge daily.
    3. You must only launch boats with motors at the designated boat 
ramps at the Hog Island Gully and West Cove Public Use Areas.
    4. You must launch nonmotorized boats at the 1A-1B Public Use Area.
    5. We only allow operation of outboard motors in designated refuge 
canals, Old North

[[Page 313]]

Bayou, and Management Unit 3 (40 hp maximum in Unit 3). We allow 
trolling motors within the refuge marshes.
    6. Conditions A9, A11, A16 (fishing guide), and A17 apply.
    7. Crabbing: We allow crabbing in designated areas of the refuge 
subject to the following conditions:
    i. You must only take crabs with cotton hand lines or drop nets with 
up to 24[sec] (60 cm) outside diameter.
    ii. You must remove all hand lines, drop nets, and bait (see Sec. 
27.93 of this chapter) from the refuge upon leaving.
    iii. We allow a daily limit on crabs of 5 dozen (60) per vehicle or 
boat.
    8. Cast Netting: We only allow cast netting in designated areas of 
the refuge during the Louisiana Inland Shrimp Season subject to the 
following conditions:
    i. We require each individual, regardless of age, to possess and 
carry a signed refuge cast-netting permit.
    ii. An adult age 21 or older must directly supervise all youth 
hunters age 17 and under.
    iii. We only allow cast netting from 12 p.m. (noon) to legal sunset.
    iv. If you use a cast net, it must not exceed a 5 foot (1.5 m) 
hanging radius.
    v. We only allow recreational cast netting for shrimp. You must 
immediately return all fish, crabs, or other incidental take (by catch) 
to the water before continuing to cast net.
    vi. We allow a daily shrimp limit of 5 gallons (19 L) of heads-on 
shrimp per day, per vehicle, or per boat.
    vii. Shrimp must remain in your actual custody while on the refuge.
    viii. You must cast net from the bank and wharves at Northline, Hog 
Island Gully, and 1A-1B Public Use Areas or at sites along Hwy. 27 that 
provide safe access and that we do not post and sign as closed areas.
    ix. We prohibit cast netting at or around the West Cove Public Use 
Area or on or around any boat launch.
    x. You may cast net from a boat throughout the refuge except where 
posted and signed as closed.
    xi. We prohibit reserving a place or saving a space for yourself or 
others by any means to include placing unattended equipment in 
designated cast-netting areas.
    xii. We prohibit swimming in the refuge canals or wading into canals 
to cast net.
    9. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

                  Tensas River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, coot, 
woodcock, and snipe on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We allow hunting of duck and coot on Tuesdays, Thursdays, 
Saturdays, and Sundays until 12 p.m. (noon) during the State season. We 
prohibit migratory bird hunting during refuge gun hunts for deer.
    2. We allow hunting of woodcock on designated areas of the refuge in 
accordance with State regulations.
    3. We allow hunters to enter the refuge no earlier than 4 a.m.
    4. In areas posted ``Area Closed'' or ``No Hunting Zone,'' we 
prohibit hunting of migratory birds at any time. We also close open 
fields, marked on the Public Use Regulations brochure map, to migratory 
bird hunting. You may obtain the Public Use Regulations brochure at the 
refuge headquarters in July.
    5. We prohibit shooting to unload guns or muzzleloaders (see Sec. 
27.42(a) of this chapter) on the refuge at any time.
    6. Hunters must remove all blind materials and decoys (see Sec. 
27.93 of this chapter) each day.
    7. We allow nonmotorized boats, electric motors, and boats with 
motors 10 hp or less in refuge lakes, streams, and bayous. We prohibit 
storage of boats on the refuge, and you must remove them (see Sec. 
27.93 of this chapter) daily.
    8. We require all waterfowl hunters to report their game immediately 
after each hunt at the check station nearest to the point of take.
    9. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals or other feed, or 
any nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    10. We allow all-terrain vehicle travel on designated trails (see 
Sec. 27.31 of this chapter) for access typically from September 15 to 
the last day of the State squirrel season. We open designated trails 
from 4 a.m. until no later than 2 hours after legal sunset unless 
otherwise specified. We define an ATV as an off-road vehicle (not legal 
for highway use) with factory specifications not to exceed the 
following: weight 750 pounds (337.5 kg), length 85 inches (212.5 cm), 
and width 48 inches (120 cm). We restrict ATV tires to those no larger 
than 25x12 with a maximum 1 inch (2.5 cm) lug height and a maximum 
allowable tire pressure of 7 psi as indicated on the tire by the 
manufacturer. We require an affixed refuge all-terrain vehicle permit 
obtained from the refuge headquarters (typically in July). Disabled 
hunters using the refuge handicapped all-terrain trails must possess and 
carry the State's Disabled Hunter Permit. Additional handicapped or 
disabled access information will be available at the refuge 
headquarters.
    11. We prohibit hunting within 150 feet (45 m) of any public road, 
refuge road, trail or ATV trail, building, residence, above-ground oil 
or gas or electrical transmission facilities, or designated public 
facility.
    12. We prohibit use and possession of any type of trail-marking 
material.

[[Page 314]]

    13. We prohibit use of organized drives for taking or attempting to 
take game.
    14. We require a refuge access permit for all migratory bird hunts. 
You may find permits on the front of the Public Use Regulations 
brochure.
    15. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult can supervise no more than two youth hunters during 
waterfowl hunts.
    B. Upland Game Hunting. We allow hunting of raccoon, squirrel, and 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow raccoon hunting beginning January 1 and typically ending 
the first week in February. We allow raccoon hunters to hunt from legal 
sunset to legal sunrise with the aid of dogs, horses, mules, and use of 
lights. We only allow such use of lights on the refuge at the point of 
kill. We prohibit all other use of lights for hunting on the refuge. 
Hunt dates will be available at refuge headquarters in July. We prohibit 
ATVs during the raccoon hunt.
    2. We allow squirrel and rabbit hunting with and without dogs. We 
will allow hunting without dogs from the beginning of the State season 
and typically ending the day before the refuge deer muzzleloader hunt. 
We do not require wearing of hunter orange during the squirrel and 
rabbit hunt without dogs. Squirrel and rabbit hunting, with or without 
dogs, will begin the day after the refuge deer muzzleloader hunt and 
will conclude the last day of the State squirrel season.
    3. We close squirrel and rabbit hunting during the following gun 
hunts for deer: refugewide youth hunt, muzzleloader hunt, and modern 
firearms hunts.
    4. We allow hunters to enter the refuge after 4 a.m., and they must 
depart no later than 2 hours after legal sunset unless they are 
participating in the refuge raccoon hunt.
    5. Conditions A5, A7, A8 (all upland game hunters), A9, A10, A11, 
A12, A14 (upland game hunts), and A15 (upland game hunts) apply.
    6. In areas posted ``Area Closed'' or ``No Hunting Zone,'' we 
prohibit upland game hunting at any time.
    7. We allow .22 caliber rimfire weapons for upland game. You may 
only possess approved nontoxic shot while on the refuge (see Sec. 
32.2(k)). This requirement only applies to the use of shotgun 
ammunition.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Deer archery season will begin the first Saturday in November and 
will conclude on the last day of the State archery season (typically 
January 31). We require that archery hunters, including crossbow 
hunters, possess and carry proof of completion of the International 
Bowhunters Safety course. We prohibit archery hunting during the 
following: refuge and youth gun hunt, muzzleloader hunt, and modern 
firearms hunt.
    2. Deer muzzleloader season lasts 3 days, on a Friday, Saturday, and 
Sunday between the two refuge modern firearms hunts. We allow in-line 
muzzleloaders and magnified scopes.
    3. We will conduct two 2-day quota modern firearms hunts for deer, 
typically in the months of November and December. Hunt dates and permit 
application procedures will be available at refuge headquarters in July. 
Hunters may use a muzzleloader during this hunt.
    4. We will conduct a 2-day population control quota youth deer hunt 
in the Greenlea Bend area typically in December. Hunt dates and permit 
application procedures will be available at the refuge headquarters in 
July.
    5. We will conduct a refugewide youth deer hunt the weekend before 
Thanksgiving Day. Each participating youth hunter must be age 8 to15 and 
supervised by an adult who is at least age 21.
    6. You may only take one deer per day during refuge deer hunts. The 
State season limit applies.
    7. We allow turkey hunting the first 16 days of the State turkey 
season. We will conduct a youth turkey hunt the Saturday and Sunday 
before the regular State turkey season. You may harvest two bearded 
turkeys per season. We allow the possession of lead shot while turkey 
hunting on the refuge (see Sec. 32.2(k)). You may use nonmotorized 
bicycles on designated all-terrain vehicle trails (see Sec. 27.31 of 
this chapter).
    8. Conditions A5, A7, A8 (deer and turkey hunters), A9 through A14 
(deer and turkey hunters), A15 (each adult can supervise no more than 
one youth hunter during big game hunts), and B4 apply.
    9. In areas posted ``Area Closed'' or ``No Hunting Zone,'' we 
prohibit big game hunting at all times. We close open fields, which we 
mark on the Public Use Regulations brochure map, during the deer 
muzzleloader and deer modern firearms hunts; but we open those fields 
for deer archery hunting. We prohibit shooting into or across any open 
field with a gun.
    10. We allow shotguns equipped with a single piece magazine plug 
that allows the gun to hold no more than two shells in the magazine and 
one in the chamber.
    11. We only allow shotgun hunters to use rifled slugs when hunting 
deer.
    12. We prohibit possession of buckshot while on the refuge.

[[Page 315]]

    13. You must remove all stands, blind materials, and decoys from the 
refuge following each day (see Sec. 27.93 of this chapter).
    14. We require a minimum of 400 square inches (2,600 cm\2\) of 
unbroken hunter orange as the outermost layer of clothing on the chest 
and back, and in addition we require a hat or cap of unbroken hunter 
orange. You must wear the solid hunter-orange items while in the field.
    15. We prohibit possession or distribution of bait or hunting with 
the aid of bait, including any grain, salt, minerals or other feed, or 
any nonnaturally occurring attractant on the refuge (see Sec. 32.2(h)).
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow trotlines attached with a length of cotton line that 
extends into the water. You must tend the trotlines at least once every 
24 hours and reset them when receded waters expose them.
    2. Conditions A7, A10 (the only exceptions are the Rainey Lake and 
Mower Woods all-terrain trails (see Sec. 27.31 of this chapter), which 
are open year-round with the same time restrictions as the seasonal all-
terrain trails), A12, and B4 (anglers) apply.
    3. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

                 Upper Ouachita National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, woodcock, and dove on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Hunters must possess and carry a signed refuge permit.
    2. We allow waterfowl hunting on the west side of the Ouachita River 
north of RCW Road. We allow waterfowl hunting on the east side of the 
Ouachita River outside the Mollicy levee, west of Kelby Road, and south 
of School Board South Road within the levee.
    3. We allow woodcock hunting west of the Ouachita River. We allow 
woodcock hunting on the east side of the Ouachita River outside the 
Mollicy levee, west of Kelby Road, and south of School Board South Road 
within the levee.
    4. We only allow dove hunting during the first 3 days of the State 
season east of the Ouachita River outside the Mollicy levee, west of 
Kelby Road, and south of School Board South Road within the levee.
    5. We allow waterfowl hunting until 12 p.m. (noon) during the State 
season.
    6. We will hold a limited lottery hunt during the State Youth 
Waterfowl Hunt. Application instructions are available at the refuge 
office.
    7. Hunters may enter the refuge no earlier than 3 a.m.
    8. We prohibit hunting within 150 feet (45 m) of the maintained 
right-of-way of roads and from or across ATV trails (see Sec. 27.31 of 
this chapter). We prohibit hunting within 50 feet (15 m) or trespassing 
on above-ground oil or gas production facilities.
    9. We prohibit leaving boats, blinds, and decoys unattended.
    10. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds.
    11. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may supervise no more than two youth hunters.
    12. We prohibit any person or group to act as a hunting guide, 
outfitter, or in any other capacity that any other individual(s) pays or 
promises to pay directly or indirectly for services rendered to any 
other person or persons hunting on the refuge, regardless of whether 
such payment is for guiding, outfitting, lodging, or club membership.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1, A8, A9, and A12 (to hunt upland game) apply.
    2. We allow hunting west of the Ouachita River. We allow hunting on 
the east side of the Ouachita River outside the Mollicy levee, west of 
Kelby Road, and south of School Board South Road within the levee.
    3. We prohibit possession of firearms (see Sec. 27.42 of this 
chapter) larger than .22 caliber rimfire, shotgun slugs, and buckshot.
    4. We allow hunting of raccoon and opossum during the daylight hours 
of rabbit and squirrel season. We allow night hunting during December 
and January, and you may use dogs for night hunting. We prohibit selling 
of raccoon and opossum taken on the refuge for human consumption.
    5. We allow use of dogs to hunt squirrel and rabbit after the last 
refuge Gun Deer Hunt.
    6. If you want to use horses and mules to hunt raccoon and opossum 
at night, you must first obtain a special permit at the refuge office.
    7. Hunters may enter the refuge no earlier than 3 a.m. and must exit 
no later than 2 hours after legal shooting hours.
    8. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may supervise no more than one youth hunter.

[[Page 316]]

    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A8, A9, A12 (to hunt big game), and B7 apply.
    2. We allow general gun deer hunting on the following days: the 
first consecutive Saturday and Sunday of November; the Friday, Saturday, 
and Sunday following Thanksgiving Day; and the second Saturday and 
Sunday after Thanksgiving Day. We allow archery deer hunting during the 
entire State season.
    3. We allow deer hunting west of the Ouachita River. We allow deer 
hunting on the east side of the Ouachita River outside the Mollicy 
levee, west of Kelby Road, and south of School Board South Road within 
the levee.
    4. The daily bag limit is one deer of either sex. The State season 
limit applies.
    5. During general Gun Deer Hunts, you must check all deer on the day 
taken during general Gun Deer Hunts at a refuge check station between 7 
a.m. and 7 p.m. unless stated otherwise in the annual refuge hunting 
brochure and permit.
    6. Archery hunters must possess and carry proof of completion of the 
International Bowhunters' Education Program.
    7. We prohibit leaving deer stands, blinds, and other equipment 
unattended.
    8. Deer hunters must wear hunter orange as per State deer hunting 
regulations on Wildlife Management Areas.
    9. We prohibit hunters placing stands or hunting from stands on pine 
trees with white-painted bands/rings.
    10. Youth hunters under age 16 must successfully complete a State-
approved hunter education course. While hunting, each youth must possess 
and carry a card or certificate of completion. Each youth hunter must 
remain within sight and normal voice contact of an adult age 21 or 
older. Each adult may supervise no more than one youth hunter.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow sport fishing year-round except within the Mollicy 
levee. We allow fishing in the Wigeon Ponds and Reservoir March 1 
through October 15, from 30 minutes before legal sunrise until 30 
minutes after legal sunset.
    2. We prohibit outboard motors in the Wigeon Ponds. We prohibit boat 
launching with motors greater than 50 hp in the Reservoir.
    3. We prohibit leaving boats and other personal property on the 
refuge unattended.
    4. You must tend trotlines daily. You must attach ends of trotlines 
by a length of cotton line that extends into the water.
    5. We prohibit commercial fishing. Recreational fishing using 
commercial gear (slat traps, etc.) requires a special refuge permit 
(that you must possess and carry) available at the refuge office.
    6. We prohibit the taking of turtle (see Sec. 27.21 of this 
chapter).

[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; 68 FR 57316, Oct. 2, 
2003; 69 FR 54362, 54394, Sept. 8, 2004; 69 FR 55995, Sept. 17, 2004; 70 
FR 54169, Sept. 13, 2005; 70 FR 56376, Sept. 27, 2005]



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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
American crow, and woodcock in accordance with State regulations, 
seasons, and bag limits subject to the following conditions:
    1. You must wear two articles of hunter-orange clothing or material. 
One article must be a solid-colored hunter-orange hat; the other must 
cover a major portion of the torso, such as a jacket, vest, coat, or 
poncho and must be a minimum of 50 percent hunter orange in color (such 
as orange camouflage) except when hunting waterfowl.
    2. We will provide permanent refuge blinds at various locations that 
you may reserve. You may make reservations for blinds up to 1 year in 
advance, for a maximum of 1 week, running Monday through Sunday during 
the hunting season. You may make reservations for additional weeks up to 
1 week in advance, on a space-available basis. We prohibit other 
permanent blinds. You must remove temporary blinds, boats, and decoys 
(see Sec. 27.93 of this chapter) from the refuge following each day.
    3. You may use dogs to locate, point, and retrieve when hunting for 
migratory game birds (see Sec. 26.21(b) of this chapter).
    4. We open the refuge to hunting during the hours stipulated under 
each State's hunting regulations but no longer than from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset. We close the 
refuge to night hunting. You must unload all firearms (see Sec. 27.42 
of this chapter) outside of legal hunting hours.

[[Page 317]]

    5. We prohibit the use of all-terrain vehicles (ATVs or OHRVs) (see 
Sec. 27.31(f) of this chapter).
    B. Upland Game Hunting. We allow hunting of coyote, fox, raccoon, 
woodchuck, red and eastern gray squirrel, porcupine, skunk, snowshoe 
hare, ring-necked pheasant, ruffed grouse, and northern bobwhite in 
accordance with State regulations, seasons, and bag limits subject to 
the following conditions:
    1. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while on the refuge.
    2. We open the refuge to hunting during the hours stipulated under 
State hunting regulations, but no longer than from \1/2\ hour before 
legal sunrise to \1/2\ hour after legal sunset. We close the refuge to 
night hunting. You must unload all firearms (see Sec. 27.42 of this 
chapter), and nock no arrows outside of legal hunting hours.
    3. We prohibit the use of all-terrain vehicles (ATVs or OHRVs) (see 
Sec. 27.31(f) of this chapter).
    4. You must wear two articles of hunter-orange clothing or material. 
One article must be a solid-colored hunter-orange hat; the other must 
cover a major portion of the torso, such as a jacket, vest, coat, or 
poncho and must be a minimum of 50 percent hunter orange in color (such 
as orange camouflage) except when hunting turkey.
    5. We allow hunting of coyote and snowshoe hare with dogs during 
State hunting seasons. Hunting with trailing dogs on the refuge will be 
subject to the following regulations:
    i. You must equip all dogs used to hunt coyote with working radio-
telemetry collars, and you must be in possession of a working radio-
telemetry receiver that can detect and track the frequencies of all 
collars used. We do not require radio-telemetry collars for dogs used to 
hunt snowshoe hare.
    ii. We prohibit training during or outside of dog season for coyote 
or hare.
    iii. We allow a maximum of four dogs per hunter.
    iv. You must pick up all dogs the same day you release them.
    C. Big Game Hunting. We allow hunting of bear, white-tailed deer, 
and moose in accordance with State regulations, seasons, and bag limits 
subject to the following conditions:
    1. We open the refuge to hunting during the hours stipulated under 
State hunting regulations but no longer than from \1/2\ hour before 
legal sunrise to \1/2\ hour after legal sunset. We close the refuge to 
night hunting. You must unload all firearms (see Sec. 27.42 of this 
chapter) and nock no arrows outside of legal hunting hours.
    2. We allow bear hunting with dogs during State hunting seasons. 
Hunting with trailing dogs on the refuge will be subject to the 
following regulations:
    i. You must equip all dogs used to hunt bear with working radio-
telemetry collars and hunters must be in possession of a working radio-
telemetry receiver that can detect and track the frequencies of all 
collars used.
    ii. We prohibit training during or outside of dog season for bear.
    iii. We allow a maximum of four dogs per hunter.
    iv. You must pick up all dogs the same day you release them.
    3. We allow prehunt scouting of the refuge; however, we prohibit 
dogs and firearms (see Sec. 27.42 of this chapter) during prehunt 
scouting.
    4. Each hunter must wear two articles of hunter-orange clothing or 
material. One article must be a solid-colored hunter-orange hat; the 
other must cover a major portion of the torso, such as a jacket, vest, 
coat, or poncho and must be a minimum of 50 percent hunter orange in 
color (i.e., orange camouflage).
    5. We prohibit the use of all-terrain vehicles (ATVs or OHRVs) (see 
Sec. 27.31(f) of this chapter).
    6. We allow temporary tree stands and blinds, but hunters must 
remove them by the end of the season (see Sec. 27.93 of this chapter). 
We prohibit nails, screws, or screw-in climbing pegs to build or access 
a stand or blind (see Sec. 32.2(i)).
    D. Sport Fishing. [Reserved]

                   Moosehorn National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
American woodcock, and Wilson's snipe on designated areas of the Baring 
and Edmunds Division of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require every hunter to possess and carry a personally signed 
refuge hunting permit. Permits and regulations are available at 
checkpoints throughout the refuge.
    2. You must complete a Hunter Information Card at a self-clearing 
check station after each hunt before leaving the refuge.
    3. We allow hunters to enter the refuge 2 hours before legal 
shooting hours, and they must exit the refuge by 1 hour past legal 
shooting hours.
    4. You may hunt American woodcock and Wilson's snipe on the Edmunds 
Division and that part of the Baring Division that lies west of State 
Route 191.
    5. You may hunt waterfowl (duck and goose) in that part of the 
Edmunds Division that lies north of Hobart Stream and west of U.S. Route 
1, and in those areas east of U.S. Route 1, and refuge lands that lie 
south of South Trail, and in that portion of the Baring Division that 
lies west of State Route 191.
    6. We prohibit hunting of migratory birds in the Nat Smith Field and 
Marsh or Bills Hill Ponds on the Edmunds Division.

[[Page 318]]

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

[[Page 319]]

corner of the Lane Construction Tract. The line then proceeds along a 
cleared and marked trail in a northwesterly direction to the Barn Meadow 
Road. It proceeds south along the Barn Meadow Road to the intersection 
with the South Fireline Road, where it follows the South Fireline Road 
across the Headquarters Road to the intersection with the Mile Bridge 
Road. It then follows the Mile Bridge Road in a southerly direction to 
the intersection with the Lunn Road, then along the Lunn Road leaving 
the road in an easterly direction at the site of the old crossing, 
across the abandoned Maine Central Railroad grade to the Charlotte Road 
(directly across from the Moosehorn Ridge Road gate). The line follows 
the Charlotte Road in a northerly direction to the point of origin.
    iv. The Southern Gravel Pit: The boundary of this area starts at a 
point where Cranberry Brook crosses the Charlotte Road and proceeds 
south along the Charlotte Road to the Barin/Charlotte Town Line, east 
along the Town Line to a point where it intersects the railroad grade 
where it turns in a northerly direction, and follows the railroad grade 
to Cranberry Brook, following Cranbettery Brook in a westerly direction 
to the point of origin.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit motorized boats on Bearce and Conic Lakes.
    2. We only allow fishing from \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
    3. We allow fishing in the following areas on the Baring Division of 
the refuge:
    i. Bearce Lake, Conic Lake, James Pond, Ledge Pond, and Vose Pond;
    ii. Clark Brook and the West Branch of the Magurrewock Stream from 
the outlet of the Howard Mill Flowage water control structure to the 
handicapped-accessible fishing pier located off the Charlotte Road; and
    iii. Barn Meadow Brook, Cranberry Brook, Mahar Brook, and Moosehorn 
Stream.
    4. We allow fishing in the following areas on the Edmunds Division 
of the refuge: Hobart Lake, Hobart Stream, Cranberry Brook, Crane Meadow 
Brook, Crane Mill Stream, and Crane Mill Flowage.
    5. We prohibit fishing on the stretch of Moosehorn Stream on the 
Baring Division that lies west of the Charlotte Road and east of the 
Mile Bridge Road between March 31 and July 14.
    6. We prohibit trapping of bait fish on the refuge.

                  Petit Manan National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
woodcock, rail, gallinule, and snipe on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We prohibit erection of permanent waterfowl blinds.
    2. You must remove all temporary blinds, concealment materials, 
boats, and decoys (see Sec. 27.93 of this chapter) each day.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas in accordance with State regulations subject to the 
following conditions:
    1. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    2. We allow only pointing and flushing dogs.
    3. We prohibit the hunting of crows.
    4. You may hunt coyotes from November 1 to March 31.
    C. Big Game Hunting. We allow hunting of white-tailed deer and bear 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit dogs.
    2. We only allow black bear hunting 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 (see Sec. 27.93 of this chapter).
    4. We normally close the refuge to all visitors from legal sunset to 
legal sunrise. However, during hunting season, we allow hunters to enter 
the refuge \1/2\ hour prior to legal sunrise and remain on the refuge 
\1/2\ hour after legal sunset.
    D. Sport Fishing. [Reserved]

                 Rachel Carson National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, woodcock, and snipe in accordance with State regulations on 
designated areas of the Brave Boat Harbor, Lower Wells, Upper Wells, 
Mousam River, Goose Rocks, and Spurwink River Divisions of the refuge 
subject to the following conditions:
    1. Prior to entering designated refuge hunting areas, you must 
obtain a refuge hunting permit, pay a recreation fee, and sign and carry 
the permit at all times.
    2. You may only take sea duck when the State sea duck season 
coincides with the regular duck season.
    3. You may take waterfowl by falconry during State seasons.
    4. We open Designated Youth Hunting Areas to hunters age 17 and 
under who possess and carry a refuge hunting permit. Each youth hunter 
must remain within sight and normal voice contact of an adult age 21 or 
older. The accompanying adult must possess and carry a refuge hunting 
permit and may also hunt.
    5. You may use seasonal blinds with a Special Use Permit. A 
permitted seasonal blind is available to permitted hunters on a first-
come, first-served basis. The permit holder

[[Page 320]]

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

[[Page 321]]

                Sunkhaze Meadows National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds 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 
subject to the following condition: You may possess only approved 
nontoxic shot while in the field (see Sec. 32.2(k)).
    C. Big Game Hunting. We allow hunting of deer, moose, and bear on 
designated areas of the refuge in accordance with State regulations 
subject to the following condition: You 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 during 
firearms big game season.
    D. Sport Fishing. We allow sport fishing on the waters of and from 
the banks of Baker Brook, Birch Stream, Buzzy Brook, Dudley 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; 69 FR 54362, 54410, 
Sept. 8, 2004; 70 FR 54172, Sept. 13, 2005]



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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We require refuge permits for all hunters regardless of age. We 
require that permits must be in the hunter's possession along with a 
valid Maryland State hunting license, any required stamps, and a photo 
identification. Permits are nontransferable.
    2. We require that hunters obtain deer hunt permits only through the 
mail, by mailing an application and administration fee to the refuge 
after applications are available in July. To obtain an application and 
regulations leaflet (including designated areas and map, dates of hunts, 
bag limits, and permit fees) for archery, youth, muzzleloader, and 
shotgun hunts, we require hunters to contact the refuge hunt coordinator 
or refuge Visitor Center, which is open from 9 a.m. to 4 p.m. daily.
    3. We allow archery hunters to obtain a permit; permits are 
available at the Visitor Center, after the first week of September until 
the end of the archery season.
    4. We allow walk-in youth hunters to obtain a permit at the check 
station on the day of the hunt.
    5. A licensed or exempt-from-licensed unarmed adult, age 21 or 
older, must accompany youth hunters (at least age 12 but less than age 
16) at all times in the field.
    6. We require a physician to certify ``wheelchair-bound'' 
permanently disabled hunters; and an assistant, who must not use a 
firearm, must accompany these hunters. We require the permanently 
disabled certification to accompany the hunters' permit application.
    7. We only allow participants possessing authorized permits to enter 
the hunt areas.
    8. Beginning at 5 a.m., we require check-in for the youth hunts, 
muzzleloader hunts, and shotgun hunts.
    9. At the refuge check station on the day of the kill for all 
firearm hunts, we require hunters to properly tag and present for 
examination all deer killed.
    10. We require hunters to seek refuge employee assistance to 
retrieve deer from closed areas.
    11. We do not require check-in or check out at the refuge for the 
archery hunt, but we require hunters to register harvested deer at one 
of the State check stations designated by the refuge.
    12. We only allow weapons that meet State regulations (bows and 
arrows for archery, shotguns with slugs and/or No. 1 buckshot or larger 
for youth hunts and shotgun hunts, and muzzleloading rifles and 
muzzleloading shotguns only for muzzleloader hunts). We prohibit 
handguns and breech-loading rifles.
    13. We only allow access to hunt areas on designated roads and 
parking areas indicated on hunt maps in the regulations leaflet 
(obtained with application by mail or at the Visitor Center) (see Sec. 
27.31 of this chapter). The only other access we allow is walk-in or 
bicycles. We prohibit access by boats or ATVs.
    14. We only allow scouting on designated days listed in the 
regulations for permitted hunters.
    15. We do not require check-in or check out for scouting.
    16. We prohibit firearms or other weapons on the refuge when 
scouting.
    17. We require adult hunters, age 21 or older, to accompany 
permitted youth hunters while scouting.
    18. We require a minimum of 400 square inches (2,600 cm \2\) of 
solid-colored daylight fluorescent-orange clothing to be worn on

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the head, chest, and back of all hunters during the youth, muzzleloader, 
and shotgun hunts.
    19. We require the use of a tree stand that elevates the hunter a 
minimum of 8 feet (240 cm) above the ground for hunting Area B2 (except 
disabled hunters). We allow temporary, removable, ladder, fixed, and 
climbing-type tree stands that do not damage trees in all other areas 
(see Sec. Sec. 32.2(i)).
    20. We prohibit screw-in steps, spikes, or other objects that may 
damage trees.
    21. We prohibit hunting from a permanently constructed tree stand.
    22. We allow hunters to preinstall tree stands during the scouting 
days for use during selected hunts and to leave the tree stands in the 
hunting area at the hunter's discretion. We require hunters to remove 
all stands the last day of the refuge hunting season (we are not 
responsible for damage, theft, or other hunter occupancy) (see Sec. 
27.93 of this chapter).
    23. We prohibit dogs in hunt areas.
    24. We prohibit hunting from or shooting across a roadway where we 
allow vehicle traffic.
    25. We prohibit driving deer during youth hunts.
    26. We prohibit commercialized guiding.
    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We only allow fishing and crabbing from April 1 through September 
30 during daylight hours.
    2. We restrict fishing and crabbing to boats and the Key Wallace 
roadway across the Little Blackwater River.
    3. We require a valid State sport fishing license. We do not require 
a refuge permit.
    4. We require anglers to attend all fish and crab lines.
    5. We prohibit boat launching from refuge lands except for canoes/
kayaks at the canoe/kayak ramp located near the Blackwater River Bridge 
on Route 335. A public launching ramp is available at Shorter's Wharf.
    6. We prohibit the use of air boats on refuge waters.

                  Eastern Neck National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 in accordance with State 
hunting regulations subject to the following conditions:
    1. We require hunters to carry a signed refuge hunt permit when 
scouting on the designated scouting days and when hunting. Hunters must 
turn in their hunt permit at the end of the hunt day or when leaving the 
refuge during the hunt day at the check-in station.
    2. We only allow use of bow and arrows, shotguns, and muzzleloaders 
for deer hunting and shotguns for turkey hunting.
    3. We prohibit possession of a loaded weapon (see Sec. 27.42(b) of 
this chapter) on or within 50 feet (15 m) of any graveled, dirt, or 
paved refuge road or any designated parking area.
    4. We require a minimum of 400 square inches (2,600 cm \2\) of solid 
hunter-orange clothing or material as the outermost layer of clothing on 
the head, chest, and back when deer hunting.
    5. You must wear a hunter-orange cap or hat when moving to or from 
your blind or stand when turkey hunting.
    6. Each youth hunter (age 15 or under) must remain within sight and 
normal voice contact of an adult age 18 or older. Children must be at 
least age 10 to hunt on the refuge.
    7. We only allow parking in designated parking areas.
    8. We prohibit hunting in the No Hunting Zones; however, you may 
walk through these areas with an unloaded weapon (see Sec. 27.42(b) of 
this chapter) (no shells in the chamber or magazine cap off of the 
muzzleloader).
    9. For deer hunting, the legal shooting hours are from legal sunrise 
to legal sunset.
    10. For turkey hunting, the legal shooting hours are from \1/2\ hour 
before legal sunrise to 12 p.m. (noon).
    11. We prohibit entry to the refuge by boats during refuge hunts.
    12. We only allow persons possessing a refuge hunt permit to be on 
the refuge during hunting days.
    13. We prohibit the use of ATVs during refuge hunts (see Sec. 
27.31(f) of this chapter).
    14. We allow the use of marking tape, reflective pins, or other 
removable materials to mark trails to and from stands. You must remove 
the marking material (see Sec. 27.93 of this chapter) at the end of 
your hunt day. We prohibit paint or any other permanent marker to mark 
trails.
    D. Sport Fishing. We allow fishing and crabbing in designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We allow fishing and crabbing from Eastern Neck Island bridge.
    2. We only allow fishing and crabbing from April 1--September 30 
during daylight hours at the Ingleside Recreation Area.
    3. We only allow fishing from the Boxes Point and Duck Inn Trails 
during daylight hours.
    4. We allow fishing and crabbing from boardwalk located adjacent to 
the Eastern Neck Island bridge.

                        Patuxent Research Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
dove on the North Tract in accordance with State regulations subject to 
the following conditions:
    1. We require a fee-hunting permit.

[[Page 323]]

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

[[Page 324]]

    11. Central Tract: We allow shotgun and bow hunting in accordance 
with the following conditions:
    i. Conditions C1 through C9 apply.
    ii. We only allow bow hunters to hunt on the Schafer Farm.
    iii. We select Central Tract shotgun and bow hunters by a 
computerized lottery. You will be assigned a specific hunting location.
    iv. You must carry a flashlight, whistle, and a compass while 
hunting.
    12. South Tract: We allow shotgun, muzzleloader, and bow hunting in 
accordance with the following regulations:
    i. Conditions C1 through C9 and C11iv apply.
    ii. You must access South Tract hunting areas A, B, and C off 
Springfield Road through the Old Beltsville Airport, and South Tract 
hunting area D off Maryland Route 197 through Gate 4 and park 
in designated parking areas.
    iii. We prohibit shooting into any open meadow or field area.
    iv. We prohibit parking along the National Wildlife Visitor Center 
road or in the visitor center parking lot.
    D. Sport Fishing. We allow sport fishing in accordance with State 
regulations subject to the following conditions:
    1. We require a free refuge fishing permit, which you must carry 
with you at all times while fishing. Organized groups may request a 
group permit. The group leader must carry a copy of the permit and stay 
with the group at all times while fishing.
    2. You may take one additional licensed adult or two youths age 15 
or under to fish under your permit and in your presence.
    3. You may only use earthworms for live bait.
    4. We prohibit harvesting bait on the refuge.
    5. You must attend all fishing lines.
    6. We prohibit fishing from all bridges except the south side of 
Bailey Bridge.
    7. You may take the following species: Chain pickerel, catfish, 
golden shiner, eel, and sunfish (includes bluegill, black crappie, 
warmouth, and pumpkinseed).
    8. You must catch and release all bass.
    9. North Tract: We allow sport fishing in accordance with the 
following conditions:
    i. We allow sport fishing at Lake Allen, Rieve's Pond, New Marsh, 
Cattail Pond, Bailey Bridge Pond, Bailey Bridge (south side), and Little 
Patuxent River (downstream only from Bailey's Bridge).
    ii. Conditions D1 through D8 apply.
    iii. We require a free North Tract refuge access permit that you 
must possess and carry at all times. If you are age 17 or under, you 
must have a parent or guardian countersign to receive an access permit. 
A parent or legal guardian must accompany those anglers age 17 and 
under.
    iv. You may fish year-round at Lake Allen, New Marsh, Cattail Pond, 
Bailey Bridge Pond, Bailey Bridge (south side), and the Little Patuxent 
River (downstream only from Bailey Bridge) except during the white-
tailed deer muzzleloader and shotgun seasons and the waterfowl hunting 
season. We also reserve the right to close Lake Allen at any time.
    v. You may fish at Rieve's Pond from February 1 to August 31 and on 
Sundays from September 1 to January 31.
    vi. We allow wading, for fishing purposes only, downstream from 
Bailey Bridge on the Little Patuxent River. We prohibit wading in other 
bodies of water.
    vii. We prohibit the use of any type of watercraft.
    10. South Tract: We allow sport fishing in accordance with the 
following conditions:
    i. Conditions D1 through D8 apply.
    ii. You must park your vehicle in the parking lot located behind 
Refuge Gate 8 off Maryland Route 197.
    iii. You must display your fishing permit on your vehicle dashboard.
    iv. We allow sport fishing at the pier and designated shorelines at 
Cash Lake. See Refuge Fishing Regulations for areas opened to fishing. 
We post other areas with ``No fishing beyond this point''.
    v. You may fish from mid-June until mid-October.
    vi. You may fish between the hours of 6 a.m. until legal sunset. We 
open refuge trails from legal sunrise until 5:30 p.m. daily.
    vii. We prohibit boat trailers.
    viii. You may use watercraft for fishing in accordance with the 
State boating laws subject to the following conditions: You may use car-
top boats 14 feet (4.2 m) or less, canoes, kayaks, and inflatable boats. 
You may only use electric motors, 4 hp or less. We prohibit sailboats.

[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; 69 
FR 54362, 54412, Sept. 8, 2004; 70 FR 54174, Sept. 13, 2005]



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.

                 Assabet River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of woodcock on 
designated portions of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We allow woodcock hunting within the portions of the refuge 
located north of Hudson Road, except those areas north of Hudson

[[Page 325]]

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

[[Page 326]]

deer seasons. You must remove all stands or any blinds by legal sunset 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We require 
all tree stands to have the name and address of the owner clearly 
printed on the stand.
    10. We prohibit possession of buckshot while hunting during any 
season on the refuge.
    D. Sport Fishing. We allow sport fishing in Puffer Pond in 
accordance with State regulations subject to the following conditions:
    1. We allow fishing from nonmotorized canoes and car-top boats, as 
well as from designated locations on the banks of Puffer Pond. We 
prohibit the use of trailers to launch or retrieve canoes or boats on 
the refuge.
    2. We allow catch and release fishing only.
    3. We prohibit the use of live bait.
    4. We prohibit lead sinkers.
    5. We prohibit taking of frogs or turtles on the refuge (see Sec. 
27.21 of this chapter).
    6. You may fish on Puffer Pond from \1/2\ hour before legal sunrise 
to \1/2\ hour after legal sunset.
    7. We prohibit night fishing or ice fishing on the refuge.
    8. We prohibit open fires anywhere on the refuge.
    9. The refuge will provide designated parking areas for anglers. 
Consult the refuge manager for further details.

                 Great Meadows National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of ducks and geese 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require refuge permits. We limit the numbers of waterfowl 
hunters allowed to hunt on the refuge. If the number of applications 
received to hunt waterfowl is greater than the number of permits 
available, we will issue permits by random selection.
    2. We will provide waterfowl hunters maps showing the portions of 
the refuge designated as open.
    3. You must possess and carry all applicable hunting licenses, 
permits, stamps, and a photographic identification while hunting on the 
refuge.
    4. We prohibit construction or use of any permanent structure while 
hunting on the refuge. You must remove all temporary blinds by legal 
sunset each day (see Sec. Sec. 27.93 and 27.94 of this chapter).
    5. We prohibit use of motorized vehicles on the refuge.
    6. Except while hunting waterfowl from a blind or from a boat, you 
must wear a minimum of 500 square inches (3,250 cm\2\) of solid-orange 
clothing or material in a conspicuous manner on your chest, back, and 
head during any season when it is legal to hunt deer with a shotgun or 
muzzleloader.
    7. We prohibit the use of electronic calls during any hunting 
season.
    8. We prohibit trimming or cutting of branches larger than the 
diameter of a quarter (see Sec. 27.61 of this chapter).
    9. We prohibit the marking any tree or other refuge feature with 
flagging, paint, reflective material or any other substance (see Sec. 
27.61 of this chapter).
    10. You may scout hunting areas on the refuge once you have obtained 
a refuge permit. Scouting may begin no earlier than 1 month from the 
opening day of the hunting season. We prohibit the use of dogs during 
scouting.
    11. We allow hunters to enter the refuge 1\1/2\ hours before legal 
hunting hours, and they must leave the refuge no later than 1\1/2\ hours 
after legal sunset.
    12. We allow no more than two dogs per hunting party. We prohibit 
the training of dogs on the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow archery hunting of whitetail deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We allow archery hunting of whitetail deer within the portions of 
the Concord Unit of the refuge that are located north of Massachusetts 
Route 225. We also allow archery hunting of whitetail deer within the 
portions of the Sudbury Unit of the refuge that are located north of 
Stonebridge Road in Wayland, Massachusetts and south of Lincoln Road/
Sherman's Bridge Road on the Sudbury and Wayland Town Line.
    2. We prohibit the use of firearms for hunting deer on the refuge. 
However, you may archery hunt in the portions of the refuge that are 
open for deer hunting during the archery, shotgun, and muzzleloader 
seasons established by the State.
    3. We require refuge permits. We limit the numbers of deer hunters 
allowed to hunt on the refuge. If the number of applications received to 
hunt deer on the refuge is greater than the number of permits available, 
we will issue permits by random selection.
    4. Conditions A3, A5, A7, A8, A9, A10, and A11 apply.
    5. During seasons when it is legal to hunt deer with a shotgun or 
muzzleloader, we require all hunters, including archers, to wear a 
minimum of 500 square inches (3,250 cm\2\) of solid-orange clothing or 
material in a conspicuous manner on their chest, back, and head.
    6. We prohibit the use of decoys to hunt deer on the refuge.
    7. We prohibit driving deer by any means on the refuge.
    8. We prohibit construction or use of permanent structures while 
hunting. We prohibit driving nails, spikes, screws, or other metal 
object into any tree or hunting from

[[Page 327]]

any tree in which a nail, spike, screw, or other object has been driven 
(see Sec. 32.2(i)).
    9. You may use temporary tree stands while engaged in hunting deer. 
You must remove all stands or any blinds by legal sunset (see Sec. Sec. 
27.93 and 27.94 of this chapter). We require all tree stands to have the 
name and address of the owner clearly printed on the stand.
    D. Sport Fishing. We allow sport fishing in designated areas of the 
refuge in accordance with State regulations subject to the following 
condition: We allow fishing along the main channels of the Concord and 
Sudbury Rivers and from designated banks of Heard Pond. We limit access 
to Heard Pond to foot traffic only.

                    Monomoy National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing on the portions of the Monomoy Islands that we 
do not post as closed to public use from legal sunrise to legal sunset.
    2. We allow surf fishing from the Morris Island shore 24 hours a 
day.

                   Nantucket National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We close the western refuge shoreline and beach area to surf 
fishing during the period of April 15 through July 31 annually, and you 
may not operate a vehicle on the west-facing beach and shoreline (see 
Sec. 27.31 of this chapter). We only allow surf fishing on the 
northeast-facing shoreline during this period of time.
    2. We may close the northeast-facing shoreline and beach if piping 
plover nesting is occurring in this portion of the refuge.
    3. We require a permit for the use of over-the-sand, surf-fishing 
vehicles.
    4. If we do not otherwise close an area because of these conditions, 
we allow fishing 24 hours a day.

                     Oxbow National Wildlife Refuge

    A. Hunting of Migratory Game Birds. We allow hunting of waterfowl, 
woodcock, and common snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We allow waterfowl and common snipe hunting within the portions 
of the refuge located south of Massachusetts Route 2 and west of the B&M 
railroad tracks.
    2. We allow woodcock hunting within the portions of the refuge south 
of Massachusetts Route 2 and west of the B&M railroad tracks; north of 
Massachusetts Route 2 and south of Hospital Road; as well as within the 
portions of the refuge along the westerly side of the Nashua River 
located north of the commuter rail tracks in Shirley, Massachusetts.
    3. We require refuge permits. We limit the numbers of waterfowl 
hunters allowed to hunt on the refuge. If the number of applications 
received to hunt waterfowl is greater than the number of permits 
available, we will issue permits by random selection.
    4. You must possess and carry all applicable hunting licenses, 
permits, stamps, and a photographic identification while hunting on the 
refuge.
    5. We prohibit construction or use of any permanent structure while 
hunting on the refuge. You must remove all temporary blinds each day 
(see Sec. Sec. 27.93 and 27.94 of this chapter).
    6. We prohibit use of motorized vehicles on the refuge.
    7. With the exception of waterfowl hunters hunting within a blind or 
from a boat, during any season when it is legal to hunt deer with a 
shotgun or muzzleloader, we require all hunters to wear a minimum of 500 
square inches (3,250 cm\2\) of solid-orange clothing or material in a 
conspicuous manner on their chest, back, and head. During all other 
times, if you are engaged in woodcock hunting on the refuge, you must 
wear a minimum of a solid-orange hat.
    8. We prohibit the use of electronic calls during any hunting 
season.
    9. We prohibit trimming or cutting of branches larger than the 
diameter of a quarter (see Sec. 27.51 of this chapter).
    10. We prohibit the marking any tree or other refuge feature with 
flagging, paint, reflective material, or any other substance (see Sec. 
27.51 of this chapter).
    11. You may scout hunting areas on the refuge once you have obtained 
a refuge permit. Scouting may begin no earlier than 1 month from the 
opening day of the hunting season. We prohibit the use of dogs during 
scouting.
    12. We allow hunters to enter the refuge 1\1/2\ hours before legal 
hunting hours, and they must leave the refuge no later than 1\1/2\ hours 
after legal sunset.
    13. For seasons wherein State regulations allow use of dogs, we 
allow no more than two dogs per hunting party. We prohibit the training 
of dogs on the refuge.
    B. Upland Game Hunting. We allow upland game hunting on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:

[[Page 328]]

    1. We allow shotgun hunting of ruffed grouse, cottontail rabbit, and 
gray squirrels within the areas of the refuge located south of 
Massachusetts Route 2 and west of the B&M railroad tracks; north of 
Massachusetts Route 2 and south of Hospital Road; and, within the 
portions of the refuge along the westerly side of the Nashua River 
located north of the commuter rail tracks in Shirley, Massachusetts, 
subject to the following conditions:
    2. We require refuge permits.
    3. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    4. Conditions A4, A5, A6, A8, A9, A10, A11, A12, and A13 apply.
    5. With the exception of waterfowl hunters hunting within a blind or 
from a boat, during seasons when it is legal to hunt deer with a shotgun 
or muzzleloader, we require all hunters, including archers and small 
game hunters, to wear a minimum of 500 square inches (3,250 cm\2\) of 
solid-orange clothing or material in a conspicuous manner on their 
chest, back, and head. During all other times, if you are engaged in 
ruffed grouse, squirrel, or cottontail rabbit hunting on the refuge, you 
must wear a minimum of a solid-orange hat.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow shotgun, archery, and muzzleloader hunting of white-
tailed deer, as well as shotgun and archery hunting of turkey, within 
the portions of the refuge located south of Massachusetts Route 2 and 
west of the B&M railroad tracks.
    2. We allow archery deer and archery turkey hunting within the 
portions of the refuge located south of Massachusetts Route 2 and east 
of the B&M railroad tracks, as well as within the portions of the refuge 
along the easterly side of the Nashua River located north of the 
commuter rail tracks in Ayer, Massachusetts.
    3. We allow archery deer hunting as well as shotgun and archery 
turkey hunting within the portions of the refuge located north of 
Massachusetts Route 2 and south of Hospital Road; and, within the 
portions of the refuge along the westerly side of the Nashua River 
located north of the commuter rail tracks in Shirley, MA.
    4. We require refuge permits. We limit the numbers of deer and 
turkey hunters allowed to hunt on the refuge. If the number of 
applications received to hunt these species is greater than the number 
of permits available, we will issue permits by random selection.
    5. Conditions A4, A6, A8, A9, A10, A11, and A12 apply.
    6. With the exception of waterfowl hunters hunting within a blind or 
from a boat, during seasons when it is legal to hunt deer with a shotgun 
or muzzleloader, we require all hunters, including archers, to wear a 
minimum of 500 square inches (3,250 cm\2\) of solid-orange clothing or 
material in a conspicuous manner on their chest, back, and head.
    7. Hunters may only use decoys to hunt turkey.
    8. We prohibit driving deer by any means on the refuge.
    9. We prohibit construction or use of permanent structures while 
hunting. You may not drive nails, spikes, screws or other metal object 
into any tree or hunt from any tree in which a nail, spike, screw or 
other object has been driven (see Sec. 32.2(i)).
    10. You may use temporary tree stands while engaged in hunting deer 
during the applicable archery, shotgun, or muzzleloader deer seasons. 
You must remove all stands or any blinds by legal sunset (see Sec. Sec. 
27.93 and 27.94 of this chapter). We require all tree stands to have the 
name and address of the owner clearly printed on the stand.
    11. We prohibit possession of buckshot while hunting during any 
season on the refuge.
    D. Sport Fishing. We allow sport fishing along the banks of the 
Nashua River in accordance with State regulations.

                  Parker River National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. We allow hunting of white-tailed deer on 
designated areas of the Plum Island portion of the refuge in accordance 
with State hunting regulations. You may hunt deer on designated day(s) 
during the regular State shotgun season subject to the following 
conditions:
    1. We require that all hunters have a valid State hunting license, 
applicable deer tags, and firearms identification card (FID) or license 
to carry (LTC). The FID and LTC only apply to Massachusetts residents. 
All hunters regardless of age must possess and carry a refuge permit. 
This is a quota hunt, and we will randomly select a limited number of 
hunters from those that apply. You may apply by mail from September 1 
until October 1.
    2. If selected from the random drawing, you must attend a refuge-
specific hunter orientation session prior to the hunt.
    3. We only allow shotguns (slugs only) and shoulder-fired 
muzzleloaders (single projectile only) for our deer hunt.

[[Page 329]]

    4. You must check-in and out at the refuge entrance gatehouse.
    5. We prohibit alcoholic beverages (See Sec. 32.2(j)).
    6. We prohibit hunting from the North Pool or Stage Island 
Observation towers.
    7. We prohibit loaded firearms (see Sec. 27.42 of this chapter) on 
or within 150 feet (45 m) of the refuge road.
    8. You must bring all deer to the refuge deer check station located 
at our subheadquarters 2.5 miles (4 km) south of the refuge entrance 
gate. This site is an official State check station.
    9. We will only allow permitted refuge hunters or those individuals 
hunting at Sandy Point State Reservation at the southern end of Plum 
Island access to the refuge or Sandy Point on the day(s) of the deer 
hunt.
    10. We prohibit vehicular travel (emergency excepted) on refuge 
roads from \1/2\ hour before legal sunrise until 8:30 a.m. We prohibit 
accessing the refuge after 2:30 p.m. during the deer hunt.
    11. Parking regulations are subject to change and will be determined 
based on the number of permitted hunters and available hunt areas. We 
will provide this information in detail to all permitted hunters 
attending the required hunter-orientation session.
    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; 69 FR 54362, 54415, Sept. 8, 2004; 70 FR 54176, Sept. 13, 2005]



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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We only allow hunting of woodcock 
and snipe on designated areas of the refuge in accordance with State 
regulations.
    B. Upland Game Hunting. We allow hunting of ruffed grouse and 
snowshoe hare on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting of snowshoe hare on Unit B during the entire 
State season.
    2. We only allow hunting of snowshoe hare on Unit A from December 1 
through March 31.
    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 
from legal sunrise to legal sunset.
    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 on designated refuge pools, and the Creighton, 
Driggs, and Manistique Rivers from May 15 through September 30 from 
legal sunrise to legal sunset.
    6. We prohibit boats and flotation devices on the refuge pools.
    7. We prohibit motorized boats on the Creighton and Driggs Rivers.

                   Shiawassee National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose on 
designated areas in accordance with State regulations subject to the 
following conditions:
    1. You must possess and carry a refuge permit.
    2. We allow goose hunting on designated cropland fields until 12 
p.m. (noon) with a required checkout time of 1 p.m.
    3. You may only possess approved nontoxic shotgun shells (see Sec. 
32.2(k)) in quantities of 10 or less.

[[Page 330]]

    4. We require hunters to stay within 50 feet (15 m) of posted site.
    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 
subject to the following conditions:
    1. You must possess and carry a refuge permit.
    2. Hunters must wear in a visible manner on head, chest, and back a 
minimum of 400 square inches (2,600 cm\2\) of solid-colored hunter 
orange clothing or material.
    3. We require that you must display a minimum of 100 square inches 
(650 cm\2\) solid-colored, hunter-orange material on the external 
surface of portable blinds.
    4. During muzzleloader hunts we require only guns capable of firing 
one round before reloading.
    5. We allow hunters with a State medical permit to use crossbows.
    D. Sport Fishing. We allow sport fishing on designated areas in 
accordance with State regulations subject to the following conditions:
    1. We allow fishing by boat in navigable waterways but not within 
any managed refuge units.
    2. We allow bank fishing from legal sunrise to legal sunset only at 
designated sites along the Spaulding Drain and the Tittabawassee and 
Cass Rivers.

[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; 69 FR 54362, 54415, 
Sept. 8, 2004]



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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer and moose 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunters may use portable stands. Hunters may not construct or use 
permanent blinds, permanent platforms, or permanent ladders.
    2. You must remove all stands and personal property from the refuge 
by legal sunset each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    3. We prohibit hunters occupying ground and tree stands that are 
illegally set up or constructed.
    4. We prohibit the use of snowmobiles and ATVs.
    5. We allow the use of wheeled, nonmotorized conveyance devices 
(i.e., bikes, retrieval carts) except in the Wilderness Area.
    6. We allow the use of nonmotorized boats and canoes.
    7. We prohibit entry into the ``Closed Areas''.
    8. We prohibit camping.
    D. Sport Fishing. [Reserved]

                   Big Stone National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. We allow hunting of 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 
in accordance with State regulations 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.
    4. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    5. We prohibit camping.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunters may use portable stands. Hunters may not construct or use 
permanent blinds, permanent platforms, or permanent ladders.
    2. You must remove all stands and personal property from the refuge 
by legal sunset each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    3. We prohibit hunters occupying ground and tree stands that are 
illegally set up or constructed.
    4. We prohibit camping.
    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.

[[Page 331]]

                  Big Stone Wetland Management District

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds throughout the district in accordance with State regulations 
subject to the following conditions:
    1. We prohibit the use of motorized boats.
    2. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds.
    3. You must remove all personal property, which includes boats, 
decoys, and blinds brought onto the WPA each day (see Sec. Sec. 27.93 
and 27.94 of this chapter).
    4. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    5. We prohibit camping.
    B. Upland Game Hunting. We allow upland game hunting throughout the 
district in accordance with State regulations subject to the following 
conditions: Conditions A4 and A5 apply.
    C. Big Game Hunting. We allow big game hunting throughout the 
district in accordance with State regulations subject to the following 
conditions:
    1. Hunters may use portable stands. Hunters may not construct or use 
permanent blinds, permanent platforms, or permanent ladders.
    2. You must remove all stands and personal property from the WPAs 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter).
    3. We prohibit hunters occupying ground and tree stands that are 
illegally set up or constructed.
    4. Condition A5 applies.
    D. Sport Fishing. We allow fishing throughout the district in 
accordance with State regulations subject to the following conditions:
    1. We prohibit the use of motorized boats.
    2. You must remove all ice fishing shelters and all other personal 
property from the WPAs each day (see Sec. 27.93 of this chapter).
    3. Condition A5 applies.

                Detroit Lakes Wetland Management District

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds throughout the district in accordance with State regulations, 
except that we prohibit hunting on the Headquarters Waterfowl Production 
Area (WPA) in Becker County, the Hitterdal WPA in Clay County, and the 
McIntosh WPA in Polk County. The following conditions apply:
    1. We prohibit the use of motorized boats.
    2. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds (see Sec. Sec. 27.93 and 27.94 of this chapter).
    3. You must remove all personal property, which includes boats, 
decoys, and blinds brought onto the WPAs each day (see Sec. Sec. 27.93 
and 27.94 of this chapter).
    4. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season.
    5. We prohibit camping.
    B. Upland Game Hunting. We allow upland game hunting in accordance 
with State regulations throughout the district (except that we allow no 
hunting on the Headquarters Waterfowl Production Area [WPA] in Becker 
County, the Hitterdal WPA in Clay County, and the McIntosh WPA in Polk 
County) subject to the following conditions: Conditions A4 and A5 apply.
    C. Big Game Hunting. We allow big game hunting in accordance with 
State regulations throughout the district, except that we prohibit 
hunting on the Headquarters Waterfowl Production Area (WPA) in Becker 
County, the Hitterdal WPA in Clay County, and the McIntosh WPA in Polk 
County. The following conditions apply:
    1. Hunters may use portable stands. Hunters may not construct or use 
permanent blinds, permanent platforms, or permanent ladders.
    2. You must remove all stands and personal property from the WPAs 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter).
    3. We prohibit hunters occupying ground and tree stands that are 
illegally set up or constructed.
    4. Condition A5 applies.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations throughout the district subject to the following conditions:
    1. You must remove all ice fishing shelters and all other personal 
property from the WPAs each day (see Sec. 27.93 of this chapter).
    2. Condition A5 applies.

                Fergus Falls Wetland Management District

    A. Migratory Game Bird Hunting. 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) in 
accordance with State regulations subject to the following conditions:
    1. We prohibit the use of motorized boats.
    2. You must remove boats, decoys, blinds, and blind materials (see 
Sec. 27.93 of this chapter) brought onto the WPAs at the end of each 
day.
    3. During the State-approved hunting season, we allow the use of 
hunting dogs, provided the dog is under the immediate control of the 
hunter at all times (see Sec. 26.21(b) of this chapter).

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    4. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds (see Sec. Sec. 27.93 and 27.94 of this chapter).
    5. We prohibit hunters occupying ground and tree stands that are 
illegally set up or constructed.
    6. We prohibit camping.
    B. Upland Game Hunting. We allow upland game hunting throughout the 
district (except that we prohibit hunting on the Townsend, Headquarters, 
Mavis, and Gilmore WPAs in Otter Tail County, and Larson WPA in Douglas 
County) in accordance with State regulations subject to the following 
conditions: Conditions A3 and A6 apply.
    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) in accordance with State regulations subject to the following 
conditions:
    1. We prohibit the construction or use of permanent blinds, 
platforms, or ladders.
    2. You must remove all portable hunting stands and blinds from the 
area at the end of each day (see Sec. 27.93 of this chapter).
    3. Condition A6 applies.
    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) 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 and A6 apply.
    2. You must remove all ice fishing structures, devices, and personal 
property (see Sec. 27.93 of this chapter) brought onto the area 
following each day of fishing.

                 Glacial Ridge National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, woodcock, snipe, rail, and mourning dove on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit all types of watercraft.
    2. We restrict vehicles to designated parking lots (see Sec. 27.31 
of this chapter).
    B. Upland Game Hunting. We allow hunting of prairie chicken and 
sharp-tailed grouse on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Only those hunters selected by the Minnesota Department of 
Natural Resources to hunt prairie chicken may hunt sharp-tailed grouse.
    2. Condition A2 applies.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must remove all stands from the refuge at the end of each 
day's hunt.
    2. Condition A2 applies.
    D. Sport Fishing. [Reserved]

                 Litchfield Wetland Management District

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds throughout the district except we prohibit hunting on the Phare 
Lake Waterfowl Production Area in Renville County. All hunting is in 
accordance with State regulations 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.
    3. We prohibit the use of motorized boats.
    4. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times (see Sec. 26.21(b) of this 
chapter).
    5. We prohibit camping.
    B. Upland Game Hunting. We allow upland game hunting throughout the 
district (except we prohibit hunting on the Phare Lake Waterfowl 
Production Area in Renville County) in accordance with State regulations 
subject to the following conditions: Conditions A4 and A5 apply.
    C. Big Game Hunting. We allow big game hunting throughout the 
district, except we prohibit hunting on the Phare Lake Waterfowl 
Production Area in Renville County. Hunting is in accordance with State 
regulations 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.
    3. Condition A5 applies.
    D. Sport Fishing. We allow sport fishing throughout the district in 
accordance with State regulations subject to the following conditions:
    1. We prohibit the use of motorized boats.
    2. You must remove all ice fishing structures, devices, and personal 
property (see Sec. 27.93 of this chapter) brought onto the area at the 
end of the day.
    3. Condition A5 applies.

                Minnesota Valley National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We require permit for special hunts.
    2. We prohibit the use of motorized boats.
    3. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds.

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    4. You must remove all personal property, which includes boats, 
decoys, and blinds brought onto the refuge each day (see Sec. Sec. 
27.93 and 27.94 of this chapter).
    5. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season.
    6. We prohibit entry to hunting areas earlier than 2 hours before 
legal shooting hours.
    7. We prohibit camping.
    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.
    3. We allow the use of .22 caliber rimfire rifles on designated 
areas of the refuge.
    4. Conditions A5 and A7 apply.
    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.
    5. We prohibit the possession of centerfire rifles or handguns on 
the refuge.
    6. We allow the use of shotguns and muzzleloaders on designated 
areas.
    7. Conditions A6 and A7 apply.
    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.

              Minnesota Valley Wetland Management District

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds throughout the district in accordance with State regulations 
subject to the following conditions:
    1. We prohibit the use of motorized boats.
    2. We prohibit the construct or use of permanent blinds, stands, or 
scaffolds.
    3. You must remove all personal property, which includes boats, 
decoys, and blinds brought onto the WPAs each day (see Sec. Sec. 27.93 
and 27.94 of this chapter).
    4. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    5. We prohibit camping.
    B. Upland Game Hunting. We allow upland game hunting throughout the 
district in accordance with State regulations subject to the following 
conditions: Conditions A4 and A5 apply.
    C. Big Game Hunting. We allow big game hunting throughout the 
district in accordance with State regulations subject to the following 
conditions:
    1. Hunters may use portable stands. Hunters may not construct or use 
permanent blinds, permanent platforms, or permanent ladders.
    2. Hunters may not possess single shot projectiles (shotgun slugs or 
bullets) on the Soberg Waterfowl Production Area.
    3. You must remove all stands and personal property from the WPAs at 
the end of each day (see Sec. Sec. 27.93 and 27.94 of this chapter).
    4. We prohibit hunters occupying ground and tree stands that are 
illegally set up or constructed.
    5. Condition A5 applies.
    D. Sport Fishing. We allow sport fishing throughout the district in 
accordance with State regulations subject to the following conditions:
    1. Conditions A1 and A5 apply.
    2. You must remove all ice fishing shelters and all other personal 
property from the WPAs each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                   Morris Wetland Management District

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds throughout the district except that we prohibit hunting on the 
designated portions of the Edward-Long Lake Waterfowl Production Area 
(WPA) in Stevens County in accordance with State regulations subject to 
the following conditions:
    1. We prohibit the use of motorized boats.
    2. You must remove boats, decoys, blinds, and blind materials (see 
Sec. 27.93 of this chapter) at the end of each day.
    3. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    4. We prohibit camping.
    B. Upland Game Hunting. We allow hunting of upland game, except that 
we prohibit hunting on the designated portions of the Edward-Long Lake 
Waterfowl Production Area in Stevens County, in accordance with State 
regulations subject to the following conditions: Conditions A3 and A4 
apply.
    C. Big Game Hunting. We allow hunting of deer throughout the 
district except that we prohibit hunting on the designated portions of 
the Edward-Long Lake Waterfowl Production Area in Stevens County in 
accordance

[[Page 334]]

with State regulations subject to the following conditions:
    1. We prohibit the construction or use of permanent blinds, 
platforms, or ladders.
    2. You must remove all portable hunting stands and blinds from the 
area at the end of each day (see Sec. 27.93 of this chapter).
    3. Condition A4 applies.
    D. Sport Fishing. We allow fishing throughout the district except 
that we prohibit fishing on the designated portions of the Edward-Long 
Lake Waterfowl Production Area (WPA) in Stevens County in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1 and A4 apply.
    2. You must remove all ice fishing structures, devices, and personal 
property (see Sec. 27.93 of this chapter) brought onto the WPA at the 
end of each day's fishing.

           Northern Tallgrass Prairie National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas in accordance with State regulations subject 
to the following conditions:
    1. You must remove boats, decoys, portable or temporary blinds, 
materials brought onto the refuge, and other personal property at the 
end of each day's hunt.
    2. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds.
    3. We prohibit the use of motorized watercraft.
    4. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    5. We prohibit camping.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas in accordance with State regulations subject to the 
following conditions:
    1. Hunters may possess only approved nontoxic shot while in the 
field.
    2. We prohibit the use of dogs for hunting furbearers. We allow the 
use of hunting dogs, provided the dog is under the immediate control of 
the hunter at all times during the State-approved hunting season (see 
Sec. 26.21(b) of this chapter).
    3. Hunters may take weasel, coyote, gopher, crow, and all other 
species for which there is no closed season only during a State-
designated open season for other upland game species.
    4. Condition A5 applies.
    C. Big Game Hunting. We allow hunting of big game in accordance with 
State regulations subject to the following conditions:
    1. We prohibit the construction or use of permanent blinds, stands, 
or scaffolds.
    2. You must remove all temporary blinds, stands, and scaffolds at 
the end of each day's hunt.
    3. We prohibit the use of motorized watercraft.
    4. Condition A5 applies.
    D. Sport Fishing. [Reserved]

                   Rice Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of woodcock and 
common snipe on designated areas in accordance with State regulations 
subject to the following conditions:
    1. Shotgun hunters may possess only approved nontoxic shot while in 
the field.
    2. We require that the visible portion of at least one article of 
clothing worn above the waist be blaze orange.
    3. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    4. We prohibit camping.
    B. Upland Game Hunting. We allow hunting of ruffed grouse, spruce 
grouse, gray and fox squirrels, cottontail rabbit, and snowshoe hare on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Shotgun hunters may possess only approved nontoxic shot while 
hunting upland game species.
    2. We require that the visible portion of at least one article of 
clothing worn above the waist be blaze orange.
    3. Conditions A3 and A4 apply.
    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.
    5. Condition A4 applies.
    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.
    4. Condition A4 applies.

                     Rydell National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of white-tailed deer is permitted on 
designated areas

[[Page 335]]

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.
    5. We prohibit camping.
    D. Sport Fishing. We allow sport fishing on Tamarac Lake in 
accordance with State regulations subject to the following conditions:
    1. We only allow fishing from designated fishing piers.
    2. We allow fishing from May 1 to November 1.
    3. We allow parking at designated parking lots only (see Sec. 27.31 
of this chapter).
    4. Condition C5 applies.

                   Sherburne National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, rail, woodcock, and snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Field possession of migratory game birds is not permitted on 
refuge areas closed to migratory game bird hunting.
    2. Only nonmotorized boats are permitted, and they must be launched 
at designated access sites.
    3. Boats, decoys and blinds must be removed from the refuge 
following each day's hunt except for blinds made entirely of marsh 
vegetation.
    4. We prohibit entry to hunting areas earlier than 2 hours before 
legal shooting hours.
    5. We prohibit hunting during the State Special Goose Hunt (the 
early September and late December Canada goose hunting seasons).
    6. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times, during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    7. We prohibit camping.
    B. Upland Game Hunting. We allow hunting of ruffed grouse, ring-
necked pheasant, gray and fox squirrel, snowshoe hare, cottontail 
rabbit, and jackrabbit on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Shotgun hunters may possess only approved nontoxic shot while 
hunting for all upland game species.
    2. We prohibit field possession of upland game species on areas 
closed to upland game hunting.
    3. Conditions A6 and A7 apply.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulation 
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 must dismantle hunting blinds, platforms, and ladders made 
from natural vegetation at the end of each day.
    4. We prohibit the possession of firearms or archery equipment on 
areas closed to white-tailed deer hunting.
    5. We prohibit deer pushes or deer drives in the areas closed to 
deer hunting.
    6. Conditions A4 and A7 apply.
    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. Migratory Game Bird Hunting. We allow the hunting of goose, duck, 
coot, woodcock, and snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Hunting by tribal members is in accordance with White Earth 
Reservation regulations on those portions of the Reservation that are a 
part of the refuge.
    2. You must remove all personal property, which includes boats, 
decoys, and blinds brought onto the refuge each day (see Sec. Sec. 
27.93 and 27.94 of this chapter).
    3. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times, during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    4. We prohibit camping.
    B. Upland Game Hunting. We allow hunting of ruffed grouse, red, 
gray, and fox squirrel, cottontail rabbit, jackrabbit, snowshoe hare, 
red fox, raccoon, and striped skunk on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Hunting by tribal members is in accordance with White Earth 
Reservation regulations on those parts of the Reservation that are part 
of the refuge.
    2. You may only hunt red fox, raccoon, and striped skunk from \1/2\ 
hour before legal sunrise until legal sunset from September 1 through 
the last day of February.
    3. Shotgun hunters may possess only approved nontoxic shot while 
hunting for all upland game species.

[[Page 336]]

    4. We require hunters to wear at least one article of blaze orange 
clothing visible above the waist.
    5. Conditions A3 and A4 apply.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunting by tribal members is in accordance with White Earth 
Reservation regulations on those parts of the Reservation that are 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.
    4. Condition A4 applies.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
between the hours of 5 a.m. and 10 p.m. in accordance with State 
regulations subject to the following conditions:
    1. We allow fishing in North Tamarac Lake, Wauboose Lake, and Two 
Island Lake all year in accordance with State and/or White Earth 
Reservation regulations.
    2. We allow fishing 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. We only allow bank fishing in an area 50 yards (45 m) on either 
side of the Ottertail River Bridges on County Roads 26 and 
126 during State seasons.
    4. We allow fishing in Pine Lake from December 1 until March 31.
    5. You must remove all ice fishing shelters and all other personal 
property from the refuge each day (see Sec. Sec. 27.93 and 27.94 of 
this chapter).
    6. Condition A4 applies.

        Upper Mississippi River National Wildlife and Fish Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on areas designated by the refuge manager and shown on maps 
available at refuge offices in accordance with State regulations. We 
prohibit migratory bird hunting March 16 through August 31 each year. 
All migratory bird hunting is subject to the following conditions:
    1. You must possess a hunting license valid in the State in which 
you are hunting and be in compliance with all applicable State and 
Federal regulations and requirements (see Sec. 32.2). You cannot 
reserve hunting areas, except at Potter's Marsh Managed Hunt Area, Pool 
13, near Thomson, Illinois, in accordance with procedures established by 
the refuge manager.
    2. In areas posted and shown on maps as ``No Entry--Sanctuary,'' we 
prohibit migratory bird hunting at all times and all public entry except 
as specified. These areas are named and located as follows:
    i. Pool Slough, Pool 9, Minnesota/Iowa, 1,112 acres.
    ii. Bertom Island, Pool 11, Wisconsin, 31 acres.
    iii. Guttenberg Ponds, Pool 11, Iowa, 252 acres.
    iv. Spring Lake, Pool 13, Illinois, 3,686 acres.
    3. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors,'' we prohibit migratory bird hunting at all times. We 
ask that you practice voluntary avoidance of these areas by any means or 
for any purpose from October 15 to the end of the respective State duck 
season. In areas also marked ``no motors,'' we prohibit the use of 
motors on watercraft from October 15 to the end of the respective State 
duck season.
    These ``Area(s) Closed'' are named and located as follows:
    i. Nelson-Trevino, Pool 4, Wisconsin, 3,773 acres (no voluntary 
avoidance provision).
    ii. Peterson Lake, Pool 4, Minnesota/Wisconsin, 3,111 acres (no 
voluntary avoidance provision).
    iii. Weaver Bottoms/Lost Island, Pool 5, Minnesota/Wisconsin, 3,508 
acres.
    iv. Polander Lake, Pool 5A, Minnesota/Wisconsin, 1,907 acres.
    v. Lake Onalaska, Pool 7, Wisconsin, 7,369 acres (voluntary 
avoidance on 3,356 acres until mid-November).
    vi. Wisconsin Islands, Pool 8, Minnesota/Wisconsin, 6,510 acres.
    vii. Harpers Slough, Pool 9, Iowa/Wisconsin, 5,209 acres.
    viii. Wisconsin River Delta, Pool 10, Wisconsin, 1,406 acres (closed 
November 1 to end of duck season).
    ix. 12-Mile Island, Pool 11, Iowa, 1,145 acres.
    x. Bertom-McCartney, Pool 11, Wisconsin, 2,384 acres (no voluntary 
avoidance provision).
    xi. Pleasant Creek, Pool 13, Iowa, 2,067 acres.
    xii. Elk River, Pool 13, Iowa, 1,237 acres.
    The ``Area(s) Closed--No Motors'' are named and located as follows:
    xiii. Spring Lake, Pool 5, Wisconsin, 243 acres.
    xiv. Sturgeon Slough, Pool 10, Wisconsin, 340 acres.
    xv. 12-Mile Island, Pool 10, Iowa, 540 acres.
    xvi. John Deere Marsh, Pool 11, Iowa, 439 acres.
    xvii. Kehough Slough, Pool 12, Illinois, 343 acres.
    xviii. Beaver Island, Pool 14, Iowa, 717 acres.
    4. In areas posted and shown on maps as ``No Hunting Zone'' or ``No 
Hunting or Trapping Zone,'' we prohibit migratory bird hunting at all 
times. You must unload and encase firearms in these areas. These areas 
are named and located as follows:

[[Page 337]]

    i. Upper Halfway Creek Marsh, Pool 7, Wisconsin, 141 acres.
    ii. Hunter's Point, Pool 8, Wisconsin, 82 acres.
    iii. Goose Island, Pool 8, Wisconsin, 986 acres (also no motors and 
voluntary avoidance as in condition A3).
    iv. Sturgeon Slough, Pool 10, Wisconsin, 66 acres.
    v. Goetz Island Trail, Pool 11, Iowa, 32 acres.
    vi. Crooked Slough Backwater, Pool 13, Illinois, 2,467 acres.
    vii. Crooked Slough Proper, Pool 13, Illinois, 192 acres.
    viii. Frog Pond, Pool 13, Illinois, 64 acres.
    ix. Ingersoll Learning Center, Pool 13, Illinois, 41 acres.
    5. We prohibit hunting of migratory birds within 50 yards (45 m) of 
the Great River Trail at Thomson Prairie, within 150 yards (135 m) of 
the Great River Trail at Mesquaki Lake, and within 400 yards (360 m) of 
the Potter's Marsh Managed Hunt area, all in or near Pool 13, Illinois.
    6. You may retrieve dead or wounded game from areas posted ``Area 
Closed,'' ``No Hunting Zone,'' and ``No Hunting or Trapping Zone'' 
provided you do not take a loaded gun into the area and do not attempt 
to chase birds from the area. You may not use a motor to aid in the 
retrieval of game in areas posted ``Area Closed--No Motors.'' You may 
not retrieve birds or other game from areas posted ``No Entry--
Sanctuary.''
    7. You may not engage in open-water waterfowl hunting in Pool 11, 
approximate river miles 586-592, Grant County, Wisconsin as marked with 
signs and as shown on refuge maps. Open-water hunting regulations and 
definitions that apply for Wisconsin outside of Grant County will apply 
in this area.
    8. You may possess only approved nontoxic shot shells while in the 
field (see Sec. 32.2(k)).
    9. We allow the use of dogs for hunting in accordance with State 
regulations. When dogs are not actively engaged in authorized hunting 
activities, the following conditions apply:
    i. We prohibit dogs disturbing or endangering wildlife or people 
while on the refuge.
    ii. All dogs while on the refuge must be under the control of their 
owners/handlers at all times or on a leash.
    iii. We prohibit allowing dogs to roam.
    iv. All dogs must be on a leash when on hiking trails, or other 
areas so posted.
    v. We allow working a dog in refuge waters by tossing a retrieval 
dummy or other object for out-and-back exercise.
    vi. Owners/handlers of dogs are responsible for disposal of dog 
droppings on refuge public use concentration areas such as trails, 
sandbars, and boat landings.
    vii. We prohibit field trials and commercial/professional dog 
training.
    10. We prohibit the construction of permanent hunting blinds (see 
Sec. 27.92 of this chapter). You may use natural material for seasonal 
blinds, with restrictions. You may gather grasses and marsh vegetation 
from the refuge for blind-building materials; however, Phragmites (giant 
cane) may not be cut or brought onto the refuge. You may not gather, 
bring onto the refuge, or use for blind building tree(s) or other plant 
parts, including dead wood on the ground, greater than 2 inches (5 cm) 
in diameter. We prohibit constructing hunting blinds from rocks placed 
for shoreline protection (rip rap). You may 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-first-served basis. You may use manmade 
material for temporary blinds, with restrictions. You may not use 
lumber, pipe, posts, or timbers greater than 2 inches (5 cm) in 
diameter. At the end of each day's hunt, you must remove all manmade 
blind materials, including boat blinds. 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, metal fence posts, wire, nails, staples, netting, or tarps (see 
Sec. Sec. 27.93 and 27.94 of this chapter).
    11. We will phase out the construction and use of permanent hunting 
blinds for waterfowl hunting within the Savanna District of the refuge. 
We will no longer allow permanent blinds on the refuge in Pool 12 
beginning with the 2007-2008 waterfowl hunting season, Pool 14 after the 
2007-2008 season, and Pool 13 after the 2008-2009 season. The following 
regulations apply for phase out of permanent hunting blinds:
    i. All permanent blinds must have the current name, address, and 
telephone number of the blind owner, posted no smaller than 3 
x 5 (7.5 cm x 12.5 cm) inside the blind.
    ii. The blind's owner must remove from the refuge all blind 
materials, including old blind materials located within 100 yards (90 m) 
of the blind, within 30 days of the end of the waterfowl hunting season.
    iii. After the phase-out year of permanent blinds in each pool, 
refuge hunting blind regulations in Condition A10 will apply, except 
that we require a 200-yard (180-m) spacing distance between hunting 
parties on the Illinois portions of the refuge in Pools 12, 13, and 14.
    12. You may set up hunting equipment the day of the hunt but must 
remove it at the end of each day. You may place and leave hunting 
equipment and decoys on the refuge only from 1 hour before the start of 
legal shooting hours until \1/2\ hour after the close of legal shooting 
hours. You may not use nails, wire, screws, or bolts to attach a stand 
to a tree, or hunt from a tree into which a

[[Page 338]]

metal object has been driven or screwed for support (see Sec. 32.2(i) 
and Sec. 27.93 of this chapter).
    13. We prohibit the cutting, removing, or damaging of any tree or 
other vegetation except as allowed for blinds in Condition A10 or by 
written permit. You may not clear vegetation for shooting lanes or limb 
trees for trees stands (see Sec. 27.51 of this chapter).
    14. We prohibit camping during waterfowl hunting seasons within 
areas posted ``No Entry--Sanctuary,'' ``Area Closed,'' ``Area Closed--No 
Motors,'' and ``No Hunting Zone'' or on any sites not clearly visible 
from the main commercial navigation channel of the Mississippi River. We 
define camping as erecting a tent or shelter of natural or synthetic 
material, preparing a sleeping bag or other bedding material for use, 
parking of a motor vehicle, or mooring or anchoring of a vessel for the 
apparent purpose of overnight occupancy, or occupying or leaving 
personal property, including boats or other craft, at a site anytime 
between the hours of 11 p.m. and 3 a.m. on any given day. Where we allow 
camping, you must occupy claimed campsites each night.
    15. We prohibit the building or use of warming fires while hunting 
(see Sec. 27.95 of this chapter). We only allow campfires in 
conjunction with camping, day-use activities on beaches, or on the ice 
while ice fishing using only dead wood on the ground, or materials 
brought onto the refuge such as charcoal or firewood. You must remove 
any unused firewood brought onto the refuge upon departure due to threat 
of invasive insects.
    16. We prohibit all vehicle use on or across refuge lands at any 
time except on designated routes of travel or on the ice over navigable 
waters accessed from boat landings. We prohibit parking beyond vehicle 
control barriers or on grass or other vegetation. You may not park or 
operate vehicles in a manner that obstructs or impedes any road, trail, 
fire lane, boat ramp, access gate, or other facility or in a manner that 
creates a safety hazard or endangers any person, property, or 
environmental feature. We may impound any vehicle left parked in 
violation at the owner's expense (see Sec. 27.31 of this chapter).
    17. We require that you keep all refuge lands clean during your 
period of use or occupancy. At all times you must keep all refuse, 
trash, and litter contained in bags or other suitable containers and not 
left scattered on the ground or in the water. You must remove all 
personal property, refuse, trash, and litter immediately upon vacating a 
site. We consider animal carcasses and spent shells to be litter (see 
Sec. 27.94 of this chapter).
    B. Upland Game Hunting. We allow hunting of upland game on areas of 
the refuge designated by the refuge manager and shown on maps available 
at refuge offices in accordance with State regulations. We prohibit 
upland game hunting from March 16 through August 31 each year except for 
spring wild turkey hunting, and squirrel hunting on the Illinois portion 
of the refuge. All upland game hunting is subject to the following 
conditions:
    1. Condition A1 applies.
    2. We prohibit the carrying, possessing, or discharging of firearms 
(including dog training pistols and dummy launchers), air guns, or any 
other weapons on the refuge, unless you are a licensed hunter or trapper 
engaged in authorized activities during established seasons, in 
accordance with Federal, State, and local regulations. We prohibit 
target practice on the refuge (see Sec. Sec. 27.42 and 27.43 of this 
chapter).
    3. In areas posted and shown on maps as ``No Entry--Sanctuary,'' we 
prohibit entry and upland game hunting at all times. In areas posted and 
shown on maps as ``No Entry--Sanctuary October 1 to end of state duck 
hunting season,'' we allow upland game hunting beginning the day after 
the respective State duck hunting season until upland game season 
closure or March 15, whichever comes first, except we allow spring 
turkey hunting during State seasons. We describe these areas more fully 
in Condition A2.
    4. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors,'' we allow upland game hunting beginning the day 
after the respective State duck hunting season until upland game season 
closure or March 15, whichever comes first, except we allow spring 
turkey hunting during State seasons. We ask that you practice voluntary 
avoidance of these areas by any means or for any purpose from October 15 
to the end of the respective State duck season. In areas also marked 
``Area Closed--No Motors,'' we prohibit the use of motors on watercraft 
from October 15 to the end of the respective State duck season. We 
describe these areas more fully in Condition A3.
    5. In areas posted and shown on maps as ``No Hunting Zone'' or ``No 
Hunting or Trapping Zone,'' we prohibit upland game hunting at all 
times. You must unload and encase firearms in these areas. We describe 
these areas more fully in Condition A4.
    6. We prohibit hunting of upland game within 50 yards (45 m) of the 
Great River Trail at Thomson Prairie, within 150 yards (135 m) of the 
Great River Trail at Mesquaki Lake, and within 400 yards (360 m) of the 
Potter's Marsh Managed Hunt area, all in or near Pool 13, Illinois.
    7. You may only use or possess approved nontoxic shot shells while 
in the field, including shot shells used for hunting wild turkey (see 
Sec. 32.2(k)).
    8. We prohibit the shining of a light to locate any animal on the 
refuge except at the point of kill for species specified in respective 
State night or artificial light hunting

[[Page 339]]

regulations (see Sec. 27.73 of this chapter). You may use lights to 
find your way. We prohibit the distribution of bait or feed, the hunting 
over bait or feed, and the use or possession of any drug on any arrow 
for bow hunting (see Sec. 32.2(g) and (h)). You must comply with all 
other hunt method regulations of the respective State on the refuge.
    9. Conditions A6, A9, A10, and A12 through A17 apply.
    C. Big Game Hunting. We allow hunting of big game on areas of the 
refuge designated by the refuge manager and shown on maps available at 
refuge offices in accordance with State regulations. We prohibit big 
game hunting from March 16 through August 31 each year. All big game 
hunting is subject to the following conditions:
    1. Conditions A1 and B2 apply.
    2. In areas posted and shown on maps as ``No Entry--Sanctuary,'' we 
prohibit entry and big game hunting at all times. In areas posted and 
shown on maps as ``No Entry--Sanctuary October 1 to end of state duck 
hunting season,'' we allow big game hunting beginning the day after the 
respective State duck hunting season until big game season closure or 
March 15, whichever comes first. We describe these areas more fully in 
Condition A2.
    3. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors'' we allow big game hunting beginning the day after 
the respective State duck hunting season until big game season closure 
or March 15, whichever comes first. We ask that you practice voluntary 
avoidance of these areas by any means or for any purpose from October 15 
to the end of the respective State duck season. In areas also marked 
``Area Closed--No Motors,'' we prohibit the use of motors on watercraft 
from October 15 to the end of the respective State duck season. These 
areas are described more fully in Condition A3.
    4. In areas posted and shown on maps as ``No Hunting Zone'' or ``No 
Hunting or Trapping Zone,'' we prohibit big game hunting at all times. 
You must unload and encase firearms in these areas. We describe these 
areas more fully in Condition A4.
    5. We prohibit hunting of big game within 50 yards (45 m) of the 
Great River Trail at Thomson Prairie, within 150 yards (135 m) of the 
Great River Trail at Mesquaki Lake, and within 400 yards (360 m) of the 
Potter's Marsh Managed Hunt area, all in or near Pool 13, Illinois.
    6. Conditions A6, A9, A10, A12 through A17, and B7 apply.
    D. Sport Fishing. We allow fishing on areas of the refuge designated 
by the refuge manager and shown on refuge maps available at refuge 
offices in accordance with State regulations subject to the following 
conditions:
    1. In the Bertrom Island ``No Entry--Sanctuary'' area, Pool 11, 
Wisconsin we prohibit entry and fishing at all times.
    2. In the Spring Lake ``Area Closed'' area, Pool 13, Illinois, we 
prohibit fishing from October 1 until the day after the close of the 
State duck hunting season.
    3. In areas posted and shown on maps as ``Area Closed'' and ``Area 
Closed--No Motors,'' we allow fishing; however, we ask that you practice 
voluntary avoidance of these areas by any means or for any purpose from 
October 15 to the end of the respective State duck season. In areas also 
marked ``Area Closed--No Motors,'' we prohibit the use of motors on 
watercraft from October 15 to the end of the respective State duck 
season. We describe these areas more fully in Condition A3.
    4. On Mertes Slough, Pool 6, Wisconsin, we allow only hand-powered 
boats or boats with electric motors.
    5. For the purpose of determining length limits, slot limits, and 
daily creel limits, the impounded areas of Spring Lake, Duckfoot Marsh, 
and Pleasant Creek in Pool 13, Illinois, are part of the Mississippi 
River site-specific State regulations.
    6. Conditions A10, and A13 through A17 apply.

                   Windom Wetland Management District

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds throughout the district in accordance with State regulations 
subject to the following conditions:
    1. We prohibit hunting on the Worthington Waterfowl Production Area 
(WPA) in Nobles County, or designated portions of the Wolf Lake WPA in 
Cottonwood County.
    2. We prohibit the use of motorized boats.
    3. You must remove all personal property, which includes boats, 
decoys, and blinds brought onto the WPAs at the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).
    4. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times during the State-approved 
hunting season (see Sec. 26.21(b) of this chapter).
    5. We prohibit camping.
    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 in accordance with State regulations subject to the following 
conditions:
    1. We prohibit hunting on the Worthington WPA in Nobles County, 
Headquarters WPA in Jackson County, and designated portions of the Wolf 
Lake WPA in Cottonwood County.

[[Page 340]]

    2. We allow the use of portable stands. Hunters may not construct or 
use permanent blinds, permanent platforms, or permanent ladders.
    3. You must remove all stands and personal property from the WPAs at 
the end of each day (see Sec. Sec. 27.93 and 27.94 of this chapter).
    4. We prohibit hunters occupying ground and tree stands that are 
illegally set up or constructed.
    D. Sport Fishing. We allow fishing throughout the district in 
accordance with State regulations subject to the following conditions:
    1. Conditions A2 and A5 apply.
    2. You must remove all ice fishing shelters and other personal 
property from the WPAs each day (see Sec. 27.93 of this chapter).

[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; 68 FR 57317, Oct. 2, 2003; 69 FR 54362, 54416, 
Sept. 8, 2004; 70 FR 54178, Sept. 13, 2005; 72 FR 51542, Sept. 7, 2007]



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. Migratory Game Bird Hunting. We allow hunting of migratory 
waterfowl, coot, snipe, and woodcock on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. All hunters 
must possess and carry a valid, signed refuge hunting permit certifying 
that you understand and will comply with all regulations, and hunters 
must carry a State license and a signed Federal and State duck stamp on 
their person while hunting on the refuge. Hunters born after January 1, 
1972, also must carry a Hunter Education Safety Course card or 
certificate. You may obtain permits at North Mississippi Refuges Complex 
Headquarters, 2776 Sunset Drive, Grenada, Mississippi 38901, or at the 
Dahomey National Wildlife Refuge Office, Box 831, Highway 446, Boyle, 
Mississippi 38730, or by mail from the above addresses.
    2. All users may enter the refuge 2 hours before legal sunrise and 
must exit the refuge no later than 2 hours after legal sunset. We 
prohibit entering or remaining on the refuge before or after hours.
    3. We only allow hunting of migratory game birds on Wednesdays, 
Saturdays, and Sundays, from \1/2\ hour before legal sunrise to 12 p.m. 
(noon). Hunters must remove all decoys, blind material (see Sec. 27.93 
of this chapter), and harvested waterfowl from the area no later than 1 
p.m. each day. After duck, merganser, and coot season closes, you may 
hunt goose daily from \1/2\ hour before legal sunrise until legal 
sunset.
    4. Each hunter must obtain a daily User Information Card (pink) 
available at each refuge information station and follow the printed 
instructions on the card. Hunters must place the card in plain view on 
the dashboard of their vehicle so the personal information is readable. 
Prior to leaving the refuge, you must complete the reverse side of the 
card and deposit it at one of the hunter information stations. Include 
all game harvested, and if there is none, report ``0.''
    5. We may close certain areas of the refuge for sanctuary or 
administrative purposes. We will mark such areas with ``No Hunting'' or 
``Area Closed'' signs.
    6. We prohibit handguns of all kinds.
    7. Waterfowl hunters may leave boats meeting all State registration 
requirements on refuge water bodies throughout the waterfowl season. You 
must remove boats (see Sec. 27.93 of this chapter) within 72 hours 
after the season closes.
    8. We restrict motor vehicle use to roads designated as vehicle 
access roads on the refuge map (see Sec. 27.31 of this chapter). We 
prohibit blocking access to any road or trail entering the refuge (see 
Sec. 27.31(h) of this chapter).
    9. All hunters or persons on the refuge for any reason during any 
open refuge hunting season must wear a minimum of 500 square inches 
(3,250 cm\2\) of visible, unbroken, fluorescent orange-colored material 
above the waistline. Waterfowl hunters must comply while walking/boating 
to and from actual hunting area. Waterfowl hunters may remove the 
fluorescent orange while actually hunting.
    10. We only allow dogs on the refuge when specifically authorized 
for hunting. We encourage the use of dogs to retrieve dead or wounded 
waterfowl. Dogs must remain in the immediate control of their handlers 
at all times (see Sec. 26.21(b) of this chapter).
    11. You must remove decoys, blinds, other personal property, and 
litter (see Sec. Sec. 27.93 and 27.94 of this chapter) from the hunting 
area following each morning's hunt. We prohibit cutting or removing 
trees and other vegetation (see Sec. 27.51 of this chapter). We 
prohibit the use of flagging, paint, blazes, tacks, or other types of 
markers.

[[Page 341]]

    12. We prohibit ATVs (see Sec. 27.31(f) of this chapter), horses, 
and mules on the refuge.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
beaver, nutria, raccoon, coyotes, and opossum on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1, A4, A5, A8, and A12 apply.
    2. We restrict all public use to the period beginning 2 hours before 
legal sunrise and ending 2 hours after legal sunset. We prohibit 
entering or remaining on the refuge before or after hours. We establish 
special provisions for raccoon hunting; contact the refuge office for 
details.
    3. You may only possess shotguns with approved nontoxic shotgun shot 
(see Sec. 32.2(k)) and .22 caliber rifles. We prohibit all handguns.
    4. All hunters or persons on the refuge for any reason during any 
open refuge hunting season must wear a minimum of 500 square inches 
(3,250 cm2) of visible, unbroken, fluorescent orange-colored material 
above the waistline.
    5. We only allow dogs on the refuge after the general Gun Deer Hunt. 
Dogs must remain in the immediate control of their handlers at all times 
(see Sec. 26.21(b) of this chapter).
    6. We prohibit cutting or removing trees and other vegetation (see 
Sec. 27.51 of this chapter). We prohibit the use of flagging, paint, 
blazes, tacks, or other types of markers.
    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 subject to the following conditions:
    1. Conditions A1, A4, A5, A6, A8, and A12 apply.
    2. We restrict all public use to 2 hours before legal sunrise until 
2 hours after legal sunset. We prohibit entering or remaining on the 
refuge before or after hours.
    3. All hunters or persons on the refuge for any reason during any 
open refuge hunting season must wear a minimum of 500 square inches 
(3,250 cm\2\) of visible, unbroken, fluorescent orange-colored material 
above the waistline. We do not require this for turkey hunting.
    4. We prohibit dogs for any big game hunt.
    5. We prohibit use or possession of any drug or device for employing 
such drug for hunting (see Sec. 32.2(g)).
    6. We prohibit organized drives for deer.
    7. We prohibit hunting or shooting across any open, fallow, or 
planted field from ground level or on or across any public road, public 
highway, railroad, or their right-of-way during all general gun and 
primitive weapon hunts.
    8. You may erect portable deer stands (see Sec. 32.2i)) 2 weeks 
prior to the opening of archery season on the refuge, and you must 
remove them by January 31 (see Sec. 27.93 of this chapter). We prohibit 
cutting or removing trees and other vegetation (see Sec. 27.51 of this 
chapter). We prohibit the use of flagging, paint, blazes, tacks, or 
other types of markers.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. All anglers must possess and carry a valid, signed refuge fishing 
permit certifying that you understand and will comply with all 
regulations.
    2. We close the refuge to fishing from October 1 through February 
28.
    3. We prohibit possession of any weapon (see Sec. 27.42 of this 
chapter) while fishing on the refuge.
    4. We prohibit possession or use of jugs, seines, nets, hand-grab 
baskets, slat traps/baskets, or any other similar devices and commercial 
fishing of any kind.
    5. We allow trotlines, yo-yos, limb lines, crawfish traps, or any 
other similar devices for recreational use only. You must tag or mark 
these devices with your full name, full residence address including zip 
code, written with waterproof ink, legibly inscribed or legibly stamped 
on the tag. You must attend these devices a minimum of once a day. If 
you do not attend these devices (see Sec. 27.93 of this chapter), you 
must remove them from the refuge.
    6. We prohibit snagging or attempting to snag fish.
    7. We allow crawfishing.
    8. We only allow the taking of frog by Special Use Permit.

                   Coldwater National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    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 regulations subject to the following 
conditions:
    1. All persons fishing who are 16 years of age and older must carry 
a State license on the refuge. You must have a signed refuge fishing 
permit in your possession when fishing on the refuge. You may obtain 
permits at North Mississippi Refuges Complex Headquarters, 2776 Sunset 
Drive, Grenada, Mississippi 38901, or at the Dahomey National Wildlife 
Refuge Office, Box 381, Highway 446, Boyle, Mississippi 38730, or by 
mail from the above addresses.
    2. We close the refuge to fishing from October 1 through February 
28.
    3. We allow fishing in bar pits along the Corps of Engineers levee 
only.
    4. We prohibit possession of any weapon while fishing on the refuge. 
This does not include fishing knives unless they are longer than 3 
inches (7.5 cm).

[[Page 342]]

    5. We prohibit possession or use of jugs, seines, nets, hand-grab 
baskets, slat traps/baskets, or any other similar devices and commercial 
fishing of any kind.
    6. We allow trotlines, yo-yos, limb lines, crawfish traps, or any 
other similar devices for recreational use only, and you must tag or 
mark them with waterproof ink, legibly inscribed or legibly stamped on 
the tag with your full name and full residence address, including zip 
code. You must attend these devices a minimum of once daily. If you are 
not going to attend these devices, you must remove them from the refuge.
    7. We prohibit snagging or attempting to snag fish.
    8. We allow crawfishing.
    9. We allow taking of frogs by Special Use Permit only.

                   Grand Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and mourning dove on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We allow hunting from 30 minutes before legal sunrise until 12 
p.m. (noon) on Saturdays, Sundays, Wednesdays, and Thursdays. Hunters 
may enter the refuge 2 hours before legal sunrise. Hunters must remove 
all decoys, blind material (see Sec. 27.93 of this chapter), and 
harvested waterfowl from the area no later than 1 p.m. each day.
    2. You must only use portable or temporary blinds.
    3. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting waterfowl in the field.
    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 target practice on refuge property.
    7. We prohibit mules and horses on refuge hunts.
    8. We allow retrievers for waterfowl hunting. We require all dogs to 
wear a collar displaying the owner's name, address, and telephone 
number.
    9. You must unload and case or dismantle firearms (see Sec. 
27.42(b) of this chapter) 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 possess and carry a current, signed copy of the 
refuge hunting permit while participating in refuge hunts.
    11. Youth hunters under age 16 must possess and carry a State-
approved hunter safety course card or certificate. Each youth hunter 
must remain within sight and normal voice contact of an adult age 21 or 
older. An adult may supervise no more than two youths during small game 
hunts and one youth during big game hunts.
    B. Upland Game Hunting. We allow hunting of squirrel on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A4 through A7 and A9 through A11 apply.
    2. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)). All shotgun ammunition must meet legal shot-
size requirements. We only allow .22 caliber rimfire.
    3. We prohibit the possession of dogs for squirrel hunting.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A4 through A7, A9 through A11, and B3 apply.
    2. We only allow hunting with bow and arrow. We prohibit the use of 
poisonous arrows (see Sec. 32.2(g)). We prohibit firearms.
    3. We prohibit the use or construction of any permanent tree stand. 
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 (see Sec. 
27.93 of this chapter).
    4. We prohibit hunting by organized deer drives of two or more 
hunters. We define ``drive'' as the act of chasing, pursuing, 
disturbing, or otherwise directing deer so as to make the animals more 
susceptible to harvest.
    5. We prohibit hunting with the aid of bait (see Sec. 32.2(h)).
    D. Sport Fishing. [Reserved]

                    Hillside National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
merganser, coot, and dove in accordance with State regulations subject 
to the following conditions:
    1. We are open for hunting during the State season except during the 
muzzleloader deer hunt.
    2. There is no early teal season.
    3. We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon).
    4. Hunters must remove all decoys, blind material (see Sec. 27.93 
of this chapter), and harvested waterfowl from the area no later than 1 
p.m. each day.
    5. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. Hunters age 
16 and older must possess and carry a valid signed refuge Public Use 
Permit certifying that he or she understands and will comply with all 
regulations. One adult may supervise no more than one youth hunter.

[[Page 343]]

    6. Each day before hunting, all hunters must obtain a daily User 
Information Card (pink) available at the hunter information stations 
(see refuge brochure map) and follow the printed instructions on the 
card. You must display this card in plain view on the dashboard of your 
vehicle while hunting or fishing so that the personal information is 
readable. Prior to leaving the refuge, you must complete the reverse 
side of the card and deposit it at one of the refuge information 
stations.
    7. Failure to display the User Information Card will result in the 
loss of the hunter's refuge annual Public Use Permit.
    8. We prohibit hunting or entry into areas designated as ``CLOSED'' 
(see refuge brochure map).
    9. We prohibit possession of alcoholic beverages.
    10. We prohibit possession of plastic flagging tape.
    11. We prohibit handguns.
    12. You must unload and case guns (see Sec. 27.42(b) of this 
chapter) transported in/on vehicles, ATVs, and boats under power.
    13. You must park vehicles in such a manner as to not obstruct 
roads, gates, turnrows, or firelanes (see Sec. 27.31(h) of this 
chapter).
    14. Valid permit holders may take the following furbearers in season 
incidental to other refuge hunts with legal firearms used for that hunt: 
raccoon, opossum, coyote, beaver, bobcat, and nutria.
    15. We only allow ATVs on designated trails (see Sec. 27.31 of this 
chapter) (see refuge brochure map).
    16. We open for dove hunting the first and second State season. 
Contact the refuge headquarters for specific dates and open areas.
    17. You may only take dove with shotguns shooting approved nontoxic 
shot.
    18. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while in the field.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
and raccoon on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A5 through A15 apply.
    2. We only allow shotguns with approved nontoxic shot (see Sec. 
32.2(k)) and .22 caliber rimfire rifles for taking small game (we 
prohibit .22 caliber magnums).
    3. We only allow dogs for rabbit and quail hunting typically during 
the last 2 weeks in February. Hunt dates are available at the refuge 
headquarters and printed in the refuge brochure. We restrict hunting to 
the waterfowl hunting area (see refuge brochure map).
    4. During the rabbit-with-dog and quail hunts, any person hunting or 
accompanying another person hunting must wear at least 500 square inches 
(3,250 cm2) of unbroken flourescent-orange material visible above the 
waistline as an outer garment.
    5. Beginning the first day after the deer muzzleloader hunt, we 
restrict hunting to the designated waterfowl hunting area (see refuge 
brochure map).
    6. We prohibit horses and mules.
    C. Big Game Hunting. We allow hunting of white-tail deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunts and hunt dates are available at the refuge headquarters in 
July, and we post them in the refuge brochure.
    2. We only allow ATVs on designated trails (see Sec. 27.31 of this 
chapter) beginning the second Saturday in September through February 28 
(see refuge brochure map).
    3. Beginning the first day after the muzzleloader hunt, we restrict 
hunting to the designated waterfowl hunting area (see refuge brochure 
map).
    4. Conditions A5 through A7 and B6 apply.
    5. During all gun and muzzleloader deer hunts: all participants must 
wear at least 500 square inches (3,250 cm2) of unbroken flourescent-
orange material visible above the waistline as an outer garment while 
hunting and enroute to and from hunting areas; we prohibit hunting from 
tripods and other free-standing platforms in fields and tree plantations 
(during muzzleloader deer hunt); and we prohibit all other public use on 
the refuge.
    6. We prohibit organized drives for deer.
    7. We prohibit hunting from or shooting across open fields from 
ground level.
    8. We only allow crossbows in accordance with State law.
    9. You must unload guns (see Sec. 27.42(b) of this chapter) while 
standing beside, in, or walking across any portion of a field, tree 
plantation, road, pipeline, or powerline right-of-way. We define ``a 
loaded gun'' as shells in the gun or percussion caps on muzzleloaders.
    10. Stands adjacent to fields and tree plantations must be a minimum 
of 10 feet (300 cm) above ground.
    11. We prohibit attaching stands to any power or utility pole.
    12. You may place stands on the refuge 7 days prior to and must 
remove them (see Sec. 27.93 of this chapter) by day 7 after the close 
of the refuge deer season.
    13. You must remove stands in the January/February closed area by 
the last day of the muzzleloader hunt.
    14. You must field-dress deer.
    15. We designate check station dates and requirements in the refuge 
brochure.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We close all refuge waters during the muzzleloader deer hunt.

[[Page 344]]

    2. We allow fishing in the borrow ponds along the north levee (see 
refuge brochure map) throughout the year except during the muzzleloader 
Gun Deer Hunt.
    3. We open all other refuge waters March 1 through November 15.
    4. We prohibit trot lines, limb lines, jugs, seines, and traps.
    5. We prohibit fishing from bridges.
    6. We allow frogging during the State bullfrog season.
    7. We only allow ATVs on designated trails (see Sec. 27.31 of this 
chapter) (see refuge brochure map) September 15 through February 28.

                 Mathews Brake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
merganser, and coot in accordance with State regulations subject to the 
following conditions:
    1. We allow hunting during the open State season.
    2. There is no early teal season.
    3. Beginning the opening day of duck season, we restrict hunting to 
the designated waterfowl hunt area only (see refuge brochure map).
    4. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older.
    5. During the refuge youth hunts, scheduled the first 2 weekends in 
January, both youth and accompanying adult may hunt. Only one adult may 
accompany each youth hunter.
    6. We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon).
    7. Hunters must remove all decoys, blind material (see Sec. 27.93 
of this chapter), and harvested waterfowl from the area no later than 1 
p.m. each day.
    8. If you are a hunter age 16 or older, you must possess and carry a 
valid, signed refuge Public Use Permit certifying that you understand 
and will comply with all regulations.
    9. Each day before hunting, each hunter must obtain a daily User 
Information Card (pink) available at the hunter information stations 
(see refuge brochure map) and follow the printed instructions on the 
card. You must display this card on the dashboard of your vehicle while 
hunting or fishing so that the personal information is readable. Prior 
to leaving the refuge, you must complete the reverse side of the card 
and deposit it at one of the refuge information stations.
    10. Failure to display the User Information Card will result in the 
loss of the hunter's refuge annual Public Use Permit.
    11. We prohibit hunting or entry into areas designated as ``CLOSED'' 
(see refuge brochure map).
    12. We prohibit possession of alcoholic beverages.
    13. We prohibit possession of plastic flagging tape.
    14. We prohibit handguns.
    15. You must unload and case guns (see Sec. 27.42(b) of this 
chapter) transported in/on vehicles and boats under power.
    16. We prohibit parking vehicles in such a manner as to obstruct 
roads, gates, turnrows, or firelanes (see Sec. 27.31(h) of this 
chapter).
    17. Valid permit holders may take the following furbearers in season 
incidental to other refuge hunts with legal firearms used for that hunt: 
raccoon, opossum, coyote, beaver, bobcat, and nutria.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, and 
raccoon on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A4 applies.
    2. We only allow shotguns with approved nontoxic shot (see Sec. 
32.2(k)) or .22 caliber rimfire rifles for taking small game (we 
prohibit .22 caliber magnums).
    3. We only allow dogs for rabbit hunting typically the last 2 weeks 
in February. Hunt dates are available at the refuge headquarters and 
printed in the refuge brochure. We restrict hunting to the waterfowl 
hunting area (see refuge brochure map).
    4. During the rabbit-with-dog hunt, any person hunting or 
accompanying another person hunting must wear at least 500 square inches 
(3,250 cm\2\) of unbroken flourescent-orange material visible above the 
waistline as an outer garment.
    5. We prohibit horses and mules.
    C. Big Game Hunting. We allow archery hunting of white-tailed deer 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow archery hunting October 1 through January 31.
    2. State bag limits apply.
    3. Beginning the first day of duck season, we restrict hunting to 
the designated waterfowl hunt area only (see refuge brochure map).
    4. Conditions A7 through A9 and B5 apply.
    5. We prohibit organized drives for deer.
    6. We only allow crossbows in accordance with State law.
    7. We prohibit attaching stands to any power or utility pole.
    8. You may place stands on the refuge 7 days prior to and must 
remove them (see Sec. 27.93 of this chapter) by day 7 after the close 
of the refuge deer season.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing in all refuge waters throughout the year, except 
in the waterfowl sanctuary, which we close from the first day

[[Page 345]]

of duck season through March 15 (see refuge brochure map).
    2. We prohibit trot lines, limb lines, jugs, seines, and traps.
    3. We allow frogging during the State bullfrog season.

                  Morgan Brake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
merganser, and coot on the refuge in accordance with State regulations 
subject to the following conditions:
    1. We open for hunting during the State season, except we close 
during the muzzleloader deer hunt.
    2. There is no early teal season.
    3. We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon).
    4. Hunters must remove all decoys, blind material (see Sec. 27.93 
of this chapter), and harvested waterfowl from the area no later than 1 
p.m. each day.
    5. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. If you are a 
hunter age 16 or older you must possess and carry a valid, signed refuge 
Public Use Permit certifying that you understand and will comply with 
all regulations.
    6. Each day before hunting, all hunters must obtain a daily User 
Information Card (pink) available at each refuge information station 
(see refuge brochure map) and follow the printed instructions on the 
card. You must display this card in plain view on the dashboard of your 
vehicle while hunting or fishing so the personal information is 
readable. Prior to leaving the refuge, you must complete the reverse 
side of the card and deposit it at one of the refuge information 
stations.
    7. Failure to display the User Information Card will result in the 
loss of the hunter's refuge annual Public Use Permit.
    8. We prohibit hunting or entry into areas designated as ``CLOSED'' 
(see refuge brochure map).
    9. We prohibit possession of alcoholic beverages.
    10. We prohibit plastic flagging tape.
    11. We prohibit handguns at all times.
    12. You must unload and case guns (see Sec. 27.42(b) of this 
chapter) transported in/on vehicles, ATVs, and boats under power.
    13. We prohibit parking of vehicles in such a manner as to obstruct 
roads, gates, turnrows, or firelanes (see Sec. 27.31(h) of this 
chapter).
    14. We allow take by valid permit holders of the following in-season 
furbearers, incidental to other refuge hunts with legal firearms used 
for that hunt: raccoon, opossum, coyote, beaver, bobcat, and nutria.
    15. We only allow ATVs on designated trails (see Sec. 27.31 of this 
chapter) (see refuge brochure map).
    16. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
and raccoon on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A5 (we only allow one adult per youth hunter), 
and A6 through A14 apply.
    2. We only allow shotguns shooting approved nontoxic shot (see Sec. 
32.2(k)) and .22 caliber rimfire rifles for taking small game (we 
prohibit .22 caliber magnums).
    3. We only allow dogs for rabbit and quail hunting typically during 
the last 2 weeks in February. Hunt dates are available at the refuge 
headquarters and printed in the refuge brochure. We restrict hunting to 
the waterfowl hunting area (see refuge brochure map).
    4. During the rabbit and quail-with-dog hunt, any person hunting or 
accompanying another person hunting must wear at least 500 square inches 
(3,250 cm2) of unbroken flourescent-orange material visible above the 
waistline as an outer garment.
    5. Beginning the first day after the deer muzzleloader hunt, we 
restrict hunting to the designated waterfowl hunting area (see refuge 
brochure map).
    6. We prohibit horses.
    C. Big Game Hunting. We allow hunting of white-tail deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunt information and dates are available both at the refuge 
headquarters in July and posted in the refuge brochure.
    2. We only allow ATVs on designated trails (see Sec. 27.31 of this 
chapter) beginning the second Saturday in September through February 28 
(see refuge brochure map).
    3. Beginning the first day after the muzzleloader hunt, we restrict 
hunting to north of Providence Road and the area west and south of 
Spring Branch (see refuge brochure map).
    4. During all gun and muzzleloader deer hunts, all participants must 
wear at least 500 square inches (3,250 cm\2\) of unbroken flourescent-
orange material visible above the waistline as an outer garment while 
hunting and enroute to and from hunting areas.
    5. During muzzleloader deer hunts, we prohibit all other public use.
    6. We prohibit organized drives for deer.
    7. We prohibit hunting from or shooting across open fields from 
ground level.
    8. We only allow crossbows in accordance with State law.

[[Page 346]]

    9. We define a loaded gun as shells in the gun or percussion caps on 
muzzleloaders.
    10. You must unload guns (see Sec. 27.42(b) of this chapter) while 
standing beside, in, or walking across any portion of a field, tree 
plantation, road, pipeline, or powerline right-of-way.
    11. During the muzzleloader deer hunt, we prohibit hunting from 
tripods and other free-standing platforms in fields and tree 
plantations.
    12. Stands adjacent to fields and tree plantations must be a minimum 
of 10 feet (3 m) above ground.
    13. We prohibit attaching stands to any power or utility pole.
    14. You may place stands on the refuge 7 days prior to and must 
remove them (see Sec. 27.93 of this chapter) by day 7 after the close 
of the refuge deer season.
    15. You must remove stands in the January/February closed area by 
the last day of the muzzleloader hunt.
    16. Hunters must field-dress their deer.
    17. We designate check station dates and requirements in the refuge 
hunt brochure.
    18. Conditions A5 through A7 and B6 apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We close all refuge waters during the muzzleloader deer hunt.
    2. We only allow fishing in refuge waters north of Providence Road 
throughout the year except during the muzzleloader deer hunt.
    3. We open all other refuge waters March 1 through November 15.
    4. We prohibit trot lines, limb lines, jugs, seines, and traps.
    5. We prohibit fishing from bridges.
    6. We allow frogging during the State bullfrog season.
    7. We only allow ATVs on designated trails (see Sec. 27.31 of this 
chapter) (see refuge brochure map) September 15 through February 28.
    8. We will post separate fishing regulations for Providence Ponds on 
Morgan Brake at the Morgan Brake office.

                    Noxubee National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. The sport fishing, boating, and bow fishing seasons extend from 
March 1 through October 31, except for the Noxubee River and borrow pit 
areas along Highway 25 that are open year-round.
    2. We prohibit anglers leaving boats overnight on the refuge (see 
Sec. 27.93 of this chapter).
    3. Anglers must keep boat travel at idle speed, and they must not 
create a wake when moving.
    4. We prohibit limb lines, snag lines, and hand grappling in Ross 
Branch, Bluff, and Loakfoma Lakes.
    5. Anglers must tag pole and set hooks with their name and address 
when using them in rivers, creeks, and other water bodies. Anglers must 
remove these devices when not in use.
    6. Trotlining:
    i. Anglers must label each end of the trotline floats with the 
owner's name and address.
    ii. We limit trotlines to one line per person, and we allow no more 
than two trotlines per boat.
    iii. Anglers must tend all trotlines every 24 hours and remove them 
when not in use.
    7. Jug fishing:
    i. Anglers must label each jug with their name and address.
    ii. Anglers must attend all jugs every 24 hours and remove them when 
not in use.
    8. We require a Special Use Permit for night time bow fishing.

                 Panther Swamp National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
merganser, and coot in accordance with State regulations subject to the 
following regulations:
    1. We allow hunting during the open State season except we close 
during all Limited Permit Hunts.
    2. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. Both youth 
and accompanying adult may hunt. Only one adult may accompany each youth 
hunter.
    3. There is no early teal season.
    4. We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon).
    5. Hunters must remove all decoys, blind material (see Sec. 27.93 
of this chapter), and harvested waterfowl from the area no later than 1 
p.m. each day.
    6. Each hunter age 16 and older must possess and carry a valid, 
signed refuge Public Use Permit certifying that they understand and will 
comply with all regulations.

[[Page 347]]

    7. Each day before hunting, all hunters must obtain a daily User 
Information Card (pink) available at the hunter information stations 
(see refuge brochure map) and follow the printed instructions on the 
card. You must display this card in plain view on the dashboard of your 
vehicle while hunting or fishing so that the personal information is 
readable. Prior to leaving the refuge, you must complete the reverse 
side of the card and deposit it at one of the refuge information 
stations.
    8. Failure to display the User Information Card will result in the 
loss of the hunter's refuge annual Public Use Permit.
    9. You may obtain hunt dates both at the refuge headquarters in July 
and posted in the refuge brochure.
    10. We prohibit hunting or entry into areas designated as ``CLOSED'' 
(see refuge brochure map).
    11. We prohibit possession of alcoholic beverages.
    12. We prohibit plastic flagging tape.
    13. We prohibit handguns at all times.
    14. You must unload and case guns (see Sec. 27.42(b) of this 
chapter) transported in/on vehicles, ATVs, and boats under power.
    15. We prohibit parking of vehicles in such a manner as to obstruct 
roads, gates, turnrows, or firelanes (see Sec. 27.31(h) of this 
chapter).
    16. We allow take by valid permit holders of the following 
furbearers in season, incidental to other refuge hunts with legal 
firearms used for that hunt: Raccoon, opossum, coyote, beaver, bobcat, 
and nutria.
    17. We only allow ATVs, beginning the second Saturday in September 
through February 28, on designated trails (see Sec. 27.31 of this 
chapter) (see refuge brochure map).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
and raccoon on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting during the open State season except we close 
during limited refuge deer hunts. You may obtain information on the 
hunts and hunt dates both at the refuge headquarters in July and posted 
in the refuge brochure.
    2. Conditions A2 (squirrel hunting), A6 through A8, and A10 through 
A17 apply.
    3. We only allow shotguns with approved nontoxic shot (see Sec. 
32.2(k)) and .22 caliber rimfire rifles for taking small game (we 
prohibit .22 caliber magnums). We prohibit possession of toxic shot, 
buckshot, and slugs.
    4. We only allow dogs for rabbit hunting typically the last 2 weeks 
in February. You may obtain hunt dates both at the refuge headquarters 
and printed in the refuge brochure (see refuge brochure map for open 
areas).
    5. During the rabbit-with-dog and quail hunts, any person hunting or 
accompanying another person hunting must wear at least 500 square inches 
(3,250 cm\2\) of unbroken flourescent-orange material visible above the 
waistline as an outer garment.
    6. Beginning the first day after the last Limited Deer Gun Hunt, we 
restrict hunting to the designated waterfowl hunting area (see refuge 
brochure map).
    7. We prohibit horses.
    C. Big Game Hunting. We allow hunting of white-tail deer and turkey 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A7, A8, A9, A17, B6, and B7 apply.
    2. We may require a Limited Hunt Permit for spring turkey hunting, 
regular gun deer, and muzzleloader deer hunting. We issue the Limited 
Hunt Permit by random computer drawing. If we draw your name, there is a 
fee for each permit. Limited Hunt Permits are not transferable and are 
nonrefundable. Contact the refuge headquarters for specific 
requirements. The regular gun deer and muzzleloader deer hunts require a 
Limited Hunt Permit that we assign by random computer drawing. If we 
draw your name, there is a fee for each permit. Limited Hunt Permits are 
not transferable and nonrefundable. Contact the refuge headquarters for 
specific requirements, hunt, and application dates.
    3. We may designate dates for youth (ages 12 to 15) turkey hunting. 
Contact the refuge headquarters or see the refuge brochure for youth 
hunt dates. Youth hunters age 15 and under must possess and carry a 
hunter safety course card or certificate. Each youth hunter must remain 
within sight and normal voice contact of an adult age 21 or older (one 
youth per adult).
    4. During spring turkey season we only allow ATVs on Southern 
Natural Gas pipeline, from Cotton's access to Tupelo Brake Duck Club 
boundary (see refuge brochure map).
    5. You must immediately tag all harvested turkeys prior to moving 
them.
    6. We only allow shotguns shooting approved nontoxic shot (see Sec. 
32.2(k)) and archery while turkey hunting.
    7. You must immediately tag all game harvested prior to moving it 
during limited hunts; we provide the tags.
    8. We designate check station dates and requirements in the refuge 
hunt brochure.
    9. If you are a hunter age 16 or older, you must possess and carry a 
valid, signed refuge Public Use Permit or Limited Hunt Permit certifying 
that you understand and will comply with all regulations.
    10. During all gun or muzzleloader deer hunts, all participants must 
wear at least 500 square inches (3,250 cm\2\) of unbroken flourescent-
orange material visible above the waistline as an outer garment while

[[Page 348]]

hunting and enroute to and from hunting areas.
    11. We prohibit all other public use on the refuge during all gun 
and muzzleloader deer hunts.
    12. We prohibit organized drives for deer.
    13. We prohibit hunting from or shooting across open fields from 
ground level.
    14. During all Limited Permit Hunts, each hunter must possess and 
carry only their own current permit and/or tags.
    15. We only allow crossbows in accordance with State law.
    16. We define a loaded gun as shells in the gun or percussion caps 
on muzzleloaders.
    17. You must unload guns (see Sec. 27.42(b) of this chapter) while 
standing beside, in, or walking across any portion of a field, tree 
plantation, road, pipeline, or powerline right-of-way.
    18. During muzzleloader, rifle, and youth Gun Deer Hunts, we 
prohibit hunting from tripods and other free-standing platforms in 
fields and tree plantations.
    19. Stands adjacent to fields and tree plantations must be a minimum 
of 10 feet (3 m) above ground.
    20. We prohibit attaching stands to any power or utility pole.
    21. You may place stands on the refuge 7 days prior to and must 
remove them (see Sec. 27.93 of this chapter) by day 7 after the close 
of the refuge deer season.
    22. You must remove stands in the January/February closed area by 
the last day of the muzzleloader hunt.
    23. You must field-dress deer.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We close all refuge waters during limited deer gun hunts.
    2. We open waters between the East and West levee, the Landside 
Ditch, and the portion of Panther Creek adjacent to the West Levee year-
round except during limited Gun Deer Hunts.
    3. We open all other refuge waters March 1 through November 15.
    4. We prohibit trot lines, limb lines, jugs, seines, and traps.
    5. We allow frogging during the State bullfrog season.
    6. We only allow ATVs for fishing access on designated gravel roads 
when we close such roads to vehicular traffic.

              St. Catherine Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and 
coot during the State season in accordance with State regulations 
subject to the following conditions:
    1. We allow hunting in Butler Lake, Salt Lake, and Gilliard Lake 
from \1/2\ hour before legal sunrise until 12 p.m. (noon) on Tuesdays, 
Thursdays, and Saturdays.
    2. If you are a hunter age 16 or older you must possess and carry a 
valid, signed refuge Public Use Permit certifying that you understand 
and will comply with all regulations.
    3. We will close waterfowl hunting in Butler Lake and Salt Lake 
after the Natchez River gauge reaches 28 feet (8.4 m) or higher.
    4. We will close waterfowl hunting in Gilliard Lake when the Natchez 
River gauge reaches 32 feet (9.6 m) or higher.
    5. We restrict access to Butler Lake waterfowl hunting only to 
Butler Lake Road.
    6. Hunters must remove decoys, blind material (see Sec. 27.93 of 
this chapter), and harvested waterfowl from the area no later than 1 
p.m. each day.
    7. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    8. You must use portable blinds.
    9. All users must obtain a daily use reporting card and place it in 
plain view on the dashboard of their vehicle so that the personal 
information is readable. Users must return cards to a refuge kiosk upon 
departure from the refuge.
    10. Hunters may enter the refuge 2 hours before legal sunrise and 
must exit the refuge no later than 2 hours after legal sunset. We 
prohibit entering or remaining on the refuge before or after hours.
    11. All persons in all underway boats must wear U.S. Coast Guard-
approved personal flotation devices.
    12. You must hand-launch boats except at designated boat ramps, 
where you may trailer-launch them.
    13. We only open ATV trails (see Sec. 27.31 of this chapter) to ATV 
traffic during scheduled hunts and scouting periods.
    14. Hunters must be age 16 or older to operate an ATV on the refuge.
    15. We allow use of retrievers.
    16. State bag limits apply.
    17. We prohibit hunting on Thanksgiving Day, Christmas Eve, 
Christmas Day, and New Year's Day.
    18. We prohibit the following acts: possession of alcohol; entering 
the refuge from private property; hunters entering from public 
waterways; overnight parking; parking or hunting within 150 feet (45 m) 
of any petroleum facility or equipment, or refuge residences and 
buildings; parking by hunters in refuge headquarters parking lot; and 
possession of hand guns on the refuge.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, and woodcock in designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We only allow shotguns, .22 caliber long rifles, and 
muzzleloading rifles under .38 caliber shooting patched round balls, 
except for raccoon hunting (see 4iv below). We prohibit the possession 
of .22 caliber magnum rifles,

[[Page 349]]

slugs, buckshot, or rifle ammunition larger than .22 rimfire.
    2. You must wear a hunter-orange hat and upper garment when hunting 
in open fields or reforested areas.
    3. We prohibit use of motorized boats after the Natchez River gauge 
reaches 28 feet (8.4 m) or higher.
    4. We only allow raccoon hunting during the month of February from 
legal sunset to legal sunrise with the following conditions:
    i. We require dogs.
    ii. We prohibit hunting along/from Carthage-Linwood Road.
    iii. We prohibit the use of boats and ATVs.
    iv. You may only use .22 caliber rimfire rifles (no magnums).
    5. You may take beaver, nutria, coyote, and bobcat incidental to the 
hunt.
    6. Conditions A2, A7 through A14, and A16 through A18 apply.
    7. We prohibit the following acts: target practice; marking trails 
with tape, paper, paint, or any other artificial means; and riding 
horses or mules.
    C. Big Game Hunting. We allow deer, hog, and lottery youth turkey 
hunting in accordance with State regulations subject to the following 
conditions:
    1. We only allow still hunting.
    2. You may only take one deer per day: We allow residents to take 
one deer of either sex per day; however, we prohibit nonresidents from 
harvesting antlerless deer.
    3. We require hunters to wear a hunter-orange hat and upper garment 
at all times during all muzzleloader hunts and during the youth gun 
hunt.
    4. During late muzzleloader (after December 25) hunts, the following 
specific conditions apply: You may only take bucks with a minimum of 14-
inch (35 cm) inside antler spread.
    5. During traditional primitive weapon season, the following 
specific conditions apply:
    i. You must only use flintlock and sidelock percussion muzzleloaders 
with iron sights and patched-round balls.
    ii. We prohibit in-line muzzleloaders, electronic sights, scopes, 
fiber optic sights, and conical bullets.
    iii. You must use recurve and long bows without sights.
    6. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older.
    7. We must receive all applications for the limited youth lottery 
draw turkey hunt by February 28 of each year.
    8. Youth (ages 10 to15) gun deer and waterfowl hunts will coincide 
with designated State youth hunts each year. Youth deer hunters may use 
any weapon deemed legal by the State except for buckshot, which we 
prohibit.
    9. We prohibit insertion of metal objects into trees or hunting from 
trees that contain inserted metal objects (see Sec. 32.2(i)).
    10. We prohibit the use or possession of climbing spurs.
    11. You must dismantle blinds and tripods, and you must remove 
stands from the tree each day. You must remove all stands, blinds, and 
tripods (see Sec. 27.93 of this chapter) from the refuge before 
February 7 of each year.
    12. You may only take feral hog with bow and arrow and muzzleloading 
rifles during and incidental to archery and primitive weapon deer 
seasons.
    13. You must check all deer harvested on the refuge at one of the 
three self-clearing, mandatory deer check stations.
    14. You must immediately field-dress all deer upon harvest.
    15. State season bag limits apply.
    16. Conditions A2, A7 through A14, A17, A18, B3, B5, and B7 apply.
    D. Sport Fishing. We allow fishing during daylight hours only from 
March 1 through the last day of archery season each year in accordance 
with State regulations subject to the following conditions:
    1. We require a public use permit for all anglers between the ages 
of 16 and 65.
    2. We prohibit the use of ATVs (see Sec. 27.31(f) of this chapter).
    3. On the Sibley Unit, we prohibit boats north of the Ring Levee, 
except you may hand-launch boats in Swamp Lake during nonflood 
conditions.
    4. An adult age 21 or older must supervise youth age 15 and under 
who may fish in the Kids Pond. We prohibit adults from fishing in this 
pond.
    5. We allow bow fishing. Bow anglers must abide by State law.
    6. We allow nighttime bow fishing on the refuge but only through a 
Special Use Permit issued by the refuge manager.
    7. We prohibit the following acts: Possession of alcohol; entering 
the refuge from private property; overnight parking; target practice; 
riding horses or mules; possession or use of commercial fishing or 
trotline equipment, including limb lines, nets, traps, yo-yos, or jugs; 
and possession of any firearms (see Sec. 27.42 of this chapter).
    8. Conditions A9, A11, and A12 apply.

                  Tallahatchie National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory 
waterfowl, coots, snipe, and woodcock on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. Hunters born 
after January 1, 1972, also must carry a

[[Page 350]]

Hunter Education Safety Course card or certificate. All hunters must 
possess and carry a valid, signed refuge Hunting Permit certifying that 
he or she understands and will comply with all regulations. You may 
obtain permits at North Mississippi Refuges Complex Headquarters, 2776 
Sunset Drive, Grenada, Mississippi 38901, or at the Dahomey National 
Wildlife Refuge Office, Box 831, Highway 446, Boyle, Mississippi 38730, 
or by mail from the above addresses.
    2. We restrict all public use to the period beginning 2 hours before 
legal sunrise and ending 2 hours after legal sunset except during the 
raccoon hunt. We prohibit entering or remaining on the refuge before or 
after hours.
    3. We only allow hunting of migratory game birds on Wednesdays, 
Saturdays, and Sundays from \1/2\ hour before legal sunrise and ending 
at 12 p.m. (noon). Hunters must remove all decoys, blind material (see 
Sec. 27.93 of this chapter), and harvested waterfowl from the area no 
later than 1 p.m. each day. After duck, merganser, and coot season 
closes, we allow hunting of goose daily, during the period beginning \1/
2\ hour before legal sunrise and ending at legal sunset.
    4. We prohibit public hunting north of Mississippi Highway 8.
    5. Each hunter must obtain a daily User Information Card (pink) 
available at each refuge information station and follow the printed 
instructions on the card. You must display the card in plain view on the 
dashboard of your vehicle so that the personal information is readable. 
Prior to leaving the refuge, you must complete the reverse side of the 
card and deposit it at one of the refuge information stations. Include 
all game harvested, and if you harvest no game, report ``0.''
    6. We may close certain areas of the refuge for sanctuary or 
administrative purposes. We will mark such areas with ``No Hunting'' or 
``Area Closed'' signs.
    7. We prohibit all handguns.
    8. Waterfowl hunters may leave boats meeting all State registration 
requirements on refuge water bodies throughout the waterfowl season. You 
must remove boats (see Sec. 27.93 of this chapter) within 72 hours 
after the season closes.
    9. We restrict motor vehicle use to roads designated as vehicle 
access roads on the refuge map (see Sec. 27.31 of this chapter). We 
prohibit blocking access to any road or trail entering the refuge (see 
Sec. 27.31(h) of this chapter).
    10. All hunters or persons on the refuge for any reason during any 
open refuge hunting season must wear a minimum of 500 square inches 
(3,250 cm\2\) of visible, unbroken, fluorescent orange-colored material 
above the waistline. Waterfowl hunters must comply while walking/boating 
to and from actual hunting area. Waterfowl hunters may remove the 
fluorescent orange while actually hunting.
    11. We only allow dogs on the refuge when specifically authorized 
for hunting. We encourage the use of dogs to retrieve dead or wounded 
waterfowl. Dogs must remain in the immediate control of their handlers 
at all times (see Sec. 26.21(b) of this chapter).
    12. You must remove decoys, blinds, other personal property, and 
litter (see Sec. Sec. 27.93 and 27.94 of this chapter) from the hunting 
area following each morning's hunt. We prohibit cutting or removing 
trees and other vegetation (see Sec. 27.51 of this chapter). We 
prohibit the use of flagging, paint, blazes, tacks, or other types of 
markers.
    13. We prohibit ATVs (see Sec. 27.31(f) of this chapter), horses, 
and mules on the refuge.
    B. Upland Game Hunting. We allow hunting of quail, squirrel, rabbit, 
beaver, nutria, raccoon, coyote, and opossum on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1, A4, A5, A6, A9, and A13 apply.
    2. We restrict all public use to the period beginning 2 hours before 
legal sunrise and ending 2 hours after legal sunset. We prohibit 
entering or remaining on the refuge before or after hours. We establish 
special provisions for raccoon hunting; contact the refuge office for 
details.
    3. We only allow shotguns with approved nontoxic shotgun shot (see 
Sec. 32.2(k)) and .22 caliber rifles. We prohibit all handguns.
    4. All hunters or persons on the refuge for any reason during any 
open refuge hunting season must wear a minimum of 500 square inches 
(3,250 cm\2\) of visible, unbroken, fluorescent orange-colored material 
above the waistline.
    5. We only allow dogs on the refuge after the general Gun Deer Hunt. 
Dogs must remain in the immediate control of their handlers at all times 
(see Sec. 26.21(b) of this chapter).
    6. We prohibit the cutting or removal of trees and other vegetation 
(see Sec. 27.51 of this chapter). We prohibit the use of flagging, 
paint, blazes, tacks, or other types of markers.
    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 subject to the following conditions:
    1. Conditions A1, A4, A5, A6, A7, A9, and A13 apply.
    2. We restrict all public use to 2 hours before legal sunrise and to 
2 hours after legal sunset. We prohibit entering or remaining on the 
refuge before or after hours.
    3. All hunters or persons on the refuge for any reason during any 
open refuge hunting season must wear a minimum of 500 square

[[Page 351]]

inches (3,250 cm\2\) of visible, unbroken, fluorescent orange-colored 
material above the waistline. We do not require this for turkey hunting.
    4. We prohibit dogs for any big game hunt.
    5. We prohibit use or possession of any drug or device for employing 
such drug for hunting (see Sec. 32.2(g)).
    6. We prohibit organized drives for deer.
    7. We prohibit hunting or shooting across any open, fallow, or 
planted field from ground level or on or across any public road, public 
highway, railroad, or their rights-of-way during all general gun and 
primitive weapon hunts.
    8. You may erect portable deer stands 2 weeks prior to the opening 
of archery season on the refuge, and you must remove them (see Sec. 
27.93 of this chapter) by January 31. We prohibit the cutting or removal 
of trees and other vegetation (see Sec. 27.51 of this chapter). We 
prohibit the use of flagging, paint, blazes, tacks, or other types of 
markers.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. All anglers must possess and carry a valid, signed refuge fishing 
permit certifying that you understand and will comply with all 
regulations. You may obtain permits at North Mississippi Refuges Complex 
Headquarters, 2776 Sunset Drive, Grenada, Mississippi 38901, or at the 
Dahomey National Wildlife Refuge Office, Box 381, Highway 446, Boyle, 
Mississippi 38730, or by mail to the above addresses.
    2. We close the refuge to fishing from October 1 through February 
28.
    3. We only allow bank or boat sport fishing south of Mississippi 
Highway 8.
    4. We prohibit possession of any weapon (see Sec. 27.42 of this 
chapter) while fishing on the refuge.
    5. We prohibit possession or use of jugs, seines, nets, hand-grab 
baskets, slat traps/baskets, or any other similar devices and commercial 
fishing of any kind.
    6. We only allow trotlines, yo-yos, limb lines, crawfish traps, or 
any other similar devices for recreational use. You must tag or mark 
them with the angler's full name and full residence address, including 
zip code written with waterproof ink, legibly inscribed or legibly 
stamped on the tag; and attend the devices a minimum of once daily. When 
not attended, you must remove these devices (see Sec. 27.93 of this 
chapter) from the refuge.
    7. We prohibit snagging or attempting to snag fish.
    8. We allow crawfishing.
    9. We only allow take of frog by Special Use Permit.

                     Yazoo National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of dove and snow 
goose on the refuge in accordance with State regulations subject to the 
following conditions:
    1. If you are a hunter age 16 or older, you must possess and carry a 
valid, signed refuge Public Use Permit that certifies that you 
understand and will comply with all regulations.
    2. Each day before hunting, all hunters must obtain a daily User 
Information Card (pink) available at each refuge information station 
(see refuge brochure map) and follow the printed instructions on the 
card. You must display this card in plain view on the dashboard of your 
vehicle while hunting or fishing so that the personal information is 
readable. Prior to leaving the refuge, you must complete the reverse 
side of the card and deposit it at one of the refuge information 
stations. Failure to display the User Information Card may result in the 
loss of the hunter's refuge annual Public Use Permit.
    3. We only allow hunting of snow goose by Special Use Permit. 
Contact the refuge office for details.
    4. Hunt dates are available at the refuge headquarters in July and 
posted in the refuge brochure.
    5. Youth hunters age 15 and under must possess and carry a hunter 
safety course card or certificate. Each youth hunter must remain within 
sight and normal voice contact of an adult age 21 or older. We only 
allow one adult per youth hunter.
    6. We prohibit hunting or entry into areas designated as ``CLOSED'' 
(see refuge brochure map).
    7. We prohibit possession of alcoholic beverages.
    8. We prohibit possession of plastic flagging tape.
    9. We prohibit handguns at all times.
    10. You may only possess approved nontoxic shot while hunting on the 
refuge (see Sec. 32.2(k)).
    11. You must unload and case guns (see Sec. 27.42(b) of this 
chapter) transported in/on vehicles, ATVs, and boats under power.
    12. We prohibit parking of vehicles in such a manner as to obstruct 
roads, gates, turnrows, or firelanes (see Sec. 27.31(h) of this 
chapter).
    13. We allow valid permit holders to take the following furbearers 
in season, incidental to other refuge hunts with legal firearms used for 
that hunt: raccoon, opossum, coyote, beaver, bobcat, and nutria.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, and 
raccoon on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A2, A3, A5 through10, and A12 through A14 apply.

[[Page 352]]

    2. We only allow shotguns with approved nontoxic shot (see Sec. 
32.2(k)) and .22 caliber rimfire rifles (we prohibit .22 caliber 
magnums).
    3. During the rabbit-with-dog hunt, any person hunting or 
accompanying another person hunting must wear at least 500 square inches 
(3,250 cm\2\) of unbroken flourescent-orange material visible above the 
waistline as an outer garment.
    4. We prohibit horses.
    5. We allow hunting for rabbit on the Herron Tract, Brown Tract 
(east of the Sunflower River), Middleton-Miller-Zepponi Tracts, and 
Carter Tract. Contact refuge headquarters for hunt dates, maps, and 
additional information.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A2, A3, A5, B4, and B5 (we allow archery except on the 
Carter Tract) apply.
    2. If you are a hunter age 16 or older, you must possess and carry a 
valid refuge annual Public Use Permit or Limited Hunt Permit that 
certifies that you understand and will comply with all regulations. 
Permits are not transferable and are nonrefundable.
    3. The youth regular gun deer, muzzleloader deer, and senior citizen 
Gun Deer Hunts require a Limited Hunt Permit assigned by random computer 
drawing. If we draw your name, there is a fee for each permit. Contact 
the refuge headquarters for specific requirements, hunt, and application 
dates.
    4. During all gun or muzzleloader deer hunts, all participants must 
wear at least 500 square inches (3,250 cm\2\) of unbroken flourescent-
orange material visible above the waistline as an outer garment while 
hunting and enroute to and from hunting areas.
    5. We prohibit all other public use during all gun and muzzleloader 
deer hunts.
    6. We prohibit organized drives for deer.
    7. We prohibit hunting from or shooting across open fields from 
ground level.
    8. During all Limited Permit Hunts, each hunter shall possess and 
carry only their own current permit and/or tags.
    9. We only allow crossbows in accordance with State law.
    10. We define a loaded gun as shells in the gun or percussion caps 
on muzzleloaders.
    11. You must unload guns (see Sec. 27.42(b) of this chapter) while 
standing beside, in, or walking across any portion of a field, tree 
plantation, road, pipeline, or powerline right-of-way.
    12. We prohibit hunting from tripods and other free-standing 
platforms during muzzleloader, rifle, and youth Gun Deer Hunts in fields 
and tree plantations.
    13. Stands adjacent to fields and tree plantations must be a minimum 
of 10 feet (3 m) above ground. We prohibit attaching stands to any power 
or utility pole. You may place stands on the refuge 7 days prior to and 
must remove them (see Sec. 27.93 of this chapter) by day 7 after the 
close of the refuge deer season. You must remove stands in the January/
February closed area by day 7 after the last deer hunt.
    14. You must field dress and check all deer at refuge headquarters.
    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; 68 FR 57317, Oct. 2, 2003; 69 FR 54362, 54418, Sept. 8, 2004; 69 
FR 55995, Sept. 17, 2004; 70 FR 54182, Sept. 13, 2005]



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 Fish and Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. You must remove all your blinds, boats, and decoys (see Sec. 
27.93 of this chapter) from the refuge each day except for blinds made 
entirely of marsh vegetation.
    2. We prohibit cutting of woody vegetation (see Sec. 27.51 of this 
chapter) on the refuge for blinds.
    B. Upland Game Hunting. We allow upland game hunting on designated 
areas of the refuge in accordance with State regulations subject to the 
following condition: You may only possess approved nontoxic shot (see 
Sec. 32.2(k)).
    C. Big Game Hunting. We allow hunting of deer and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit use of tree spikes to assist in climbing trees for 
the purpose of hunting on the refuge (see Sec. 32.2(i)).
    2. We prohibit the construction or use of permanent blinds, 
platforms, or ladders at any time.
    3. We prohibit hunting over or placing on the refuge any salt or 
other mineral blocks (see Sec. 32.2(h)).
    4. We only allow portable tree stands from September 15 through 
January 31. You must

[[Page 353]]

place your full name and address on your stands.
    5. You must unload or dismantle and case all firearms while 
transporting them in a motor vehicle (see Sec. 27.42(b) of this 
chapter).
    6. We restrict deer hunters on the Boone's Crossing Unit to archery 
methods only except for hunters on Johnson Island where State-allowed 
methods of take are in effect.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following condition: 
You must operate all motorized boats at no-wake speed.

                Clarence Cannon National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 
subject to the following conditions:
    1. We only allow hunting during the State-designated Managed Deer 
Hunt.
    2. We require hunters to check-in and out of the refuge each day.
    3. We prohibit shooting at deer that are on any portion of the main 
perimeter levee.
    4. We only allow the use of portable stands, and hunters must remove 
them (see Sec. 27.93 of this chapter) at the end of each day.
    5. We close the area south of Bryants Creek to deer hunting.
    6. We require hunters to have all harvested deer checked by refuge 
personnel before removing them from the refuge.
    7. You must park all vehicles in designated parking areas (see Sec. 
27.31 of this chapter).
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We prohibit the taking of turtle or frog (see Sec. 27.21 of this 
chapter).
    2. We only allow fishing from a boat. We prohibit bank fishing.

                  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. Migratory Game Bird Hunting. We allow waterfowl hunting on Pool 8 
in accordance with State regulations subject to the following 
conditions:
    1. We allow the use of hunting dogs, but the hunter must leash the 
dog or have it under strict voice command at all times (see Sec. 
26.21(b) of this chapter).
    2. We allow hunting from \1/2\ hour before legal sunrise until 1 
p.m.
    3. We prohibit the use of paint, flagging, reflectors, tacks, or 
other manmade materials to mark trails or hunting locations (see Sec. 
27.61 of this chapter).
    B. Upland Game Hunting. We allow hunting of squirrel only in the 
Public Hunting Area of the refuge in accordance with State regulations 
subject to the following conditions:
    1. The Public Hunting Area and the road leading to the area from the 
Hunter Sign-In Station are open 1\1/2\ hours before legal sunrise until 
1\1/2\ hours after legal sunset.
    2. We require that all hunters register at the Hunter Sign-In/Sign 
Out Stations and record the number of hours hunted and squirrels 
harvested.
    3. We prohibit hunting of all other species.
    4. We prohibit the use of dogs for squirrel hunting.
    5. We allow squirrel hunting from the State opening day through 
September 30.
    6. We only allow shotguns and .22 caliber rimfire rifles.
    7. Shotgun hunters may only possess approved nontoxic shot while in 
the field (see Sec. 32.2(k)).
    8. We require that all hunters wear a hat and a shirt, vest, or coat 
of hunter orange that is plainly visible from all sides during the 
overlapping portion of the squirrel and archery deer seasons.
    9. Condition A3 applies.
    C. Big Game Hunting. We allow big game hunting in the Public Hunting 
Area in accordance with State regulations subject to the following 
conditions:
    1. Condition B1 applies.
    2. We require that all hunters register at the Hunter Sign-In/Sign 
Out Stations and record the number of hours hunted and deer harvested.
    3. We allow archery hunting for deer and turkey during the fall 
season. We prohibit the use or possession of firearms during these 
seasons.
    4. Condition B8 applies.
    5. We allow spring turkey hunting. We only allow shotguns with 
approved nontoxic shot (see Sec. 32.2(k)).
    6. We prohibit the use of salt or mineral blocks.
    7. We only allow portable tree stands from 2 weeks before to 2 weeks 
after the State archery deer season. You must clearly mark all stands 
with the owner's name, address, and phone number.
    8. We only allow one tree stand per deer hunter.
    9. Condition A3 applies.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State ``impounded waters'' regulations subject to the 
following conditions:
    1. We prohibit fishing in all areas between Ditch 2 and Ditch 6 
(including Ditches 3, 4, and 5) plus the moist soil units, and Monopoly 
Marsh from October 1 through March 1.

[[Page 354]]

    2. We only allow fishing in May Pond and Fox Pond with rod and reel 
or pole and line. Anglers may only take bass greater than 12 inches (30 
cm) in length from May Pond.
    3. We prohibit the use or possession of gasoline-powered boat 
motors. We allow the use of electric trolling motors, except that we 
prohibit all motors within the Wilderness Area.
    4. Anglers must remove watercraft (see Sec. 27.93 of this chapter) 
from the refuge at the end of each day's fishing.
    5. Anglers may take nongame fish by nets and seines for personal use 
only from March 1 through September 30.
    6. Anglers must attend trammel and gill nets at all times and 
plainly label them with the owners's name, address, and phone number.
    7. We only allow the use of trotlines, throwlines, limb lines, bank 
lines, and jug lines from 1 hour before legal sunrise until 1 hour after 
legal sunset. Anglers must remove all fishing lines (see Sec. 27.93 of 
this chapter) from the refuge at the end of each day's fishing. Anglers 
must mark each line with their name, address, and phone number.
    8. We allow the take of common snapping turtle and soft-shelled 
turtle only using pole and line. We require all anglers immediately 
release all alligator snapping turtles (see Sec. 27.21 of this 
chapter).

                  Squaw Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of light geese on 
designated areas of the refuge in accordance with State regulations 
during the spring conservation order season subject to the following 
conditions:
    1. Hunters must remain within direct sight of the guide in the hunt 
boundary at all times.
    2. We allow the guide and hunters into the hunt boundary up to 2 
hours prior to legal shooting time.
    3. Hunting will stop at 12 p.m. (noon), and hunters must be out of 
the fields by 2 p.m.
    4. We allow hunting dogs, portable blinds, and decoys at the 
discretion of the guide.
    5. We prohibit pit blinds.
    6. Hunting dogs must be under the immediate control of their 
handlers at all times (see Sec. 26.21 of this chapter).
    7. We prohibit retrieving crippled geese outside of the hunt 
boundary, including adjacent private land. This includes retrieval by 
hunting dogs.
    8. We prohibit vehicles beyond the established parking area located 
adjacent to State Highway 118 (see Sec. 27.31 of this chapter).
    9. We prohibit ATV use on the refuge.
    10. Both the guide and hunters are responsible for ensuring that all 
trash, including spent shotgun shells are removed from the hunt area 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter).
    11. Violations of these rules may result in the revocation of the 
guide's Special Use Permit as deemed appropriate by the refuge manager.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. Hunting of deer is permitted on designated 
areas of the refuge subject to the following conditions:
    1. Permits are required.
    2. Only historic weapon hunting is permitted.
    3. Hunters are required to check in and out of the refuge.
    4. Stands must be removed from the refuge each day.
    5. Hunting is permitted only during the special hunt season 
established by the State for the refuge.
    D. Sport Fishing. Fishing is permitted on designated areas of the 
refuge subject to the following condition: Fish, amphibians, reptiles 
and crustaceans may only be taken with hand-held pole and line or rod 
and reel.

                   Swan Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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; 69 FR 
54362, 54426 Sept. 8, 2004; 70 FR 54182, Sept. 13, 2005; 70 FR 56376, 
Sept. 27, 2005]



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.

[[Page 355]]

                  Benton Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
swan, and coot in designated areas of the refuge in accordance with 
State regulations subject to the following conditions (consult refuge 
manager prior to hunting to learn of changes or updates):
    1. We prohibit access to refuge hunting areas from other than 
authorized refuge parking areas. We prohibit hunting on or within 25 
yards (22.5 m) of dikes or roads except the marked portion of the dike 
between Marsh Units 5 and 6. Hunters must have a means of bird 
retrieval, using a boat, boots, or a trained dog, while hunting on this 
dike (see Sec. 26.21(b) of this chapter).
    2. We allow hunting with the opening of waterfowl season and close 
November 30.
    3. Hunters with a documented mobility disability may reserve an 
accessible blind in advance by contacting a refuge officer or calling 
the refuge office.
    4. We only allow nonmotorized boats on refuge waters.
    5. We allow hunting from temporary portable blinds or blinds made 
from natural vegetation.
    6. We prohibit the retrieval of downed game from areas closed to 
hunting.
    7. You must unload and case all firearms (see Sec. 27.42(b) of this 
chapter) when outside of the refuge hunt area on the refuge.
    B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed 
grouse, and gray partridge in designated areas of the refuge in 
accordance with State regulations subject to the following conditions 
(consult refuge manager prior to hunting to learn of changes or 
updates):
    1. Conditions A2, A6, and A7 apply.
    2. We prohibit access to refuge hunting areas from other than 
authorized refuge parking areas.
    3. We prohibit hunting on or within 25 yards (22.5 m) of dikes or 
roads except the marked portion of the dike between Marsh Units 5 and 6.
    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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, swan, sandhill crane, and mourning dove on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We only allow nonmotorized boats on refuge waters.
    2. You must remove all boats, decoys, portable blinds, other 
personal property, and any materials brought onto the refuge for blind 
construction by legal sunset (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed 
grouse, sage grouse, gray partridge, fox, and coyote on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. You may only possess approved nontoxic shot (see Sec. 32.2(k)).
    2. Fox and coyote hunters may only use centerfire rifles, rimfire 
rifles, or shotguns with approved nontoxic shot.
    3. We require game bird hunters to wear at least one article of 
blaze-orange clothing visible above the waist.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing [Reserved]

                    Bowdoin National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, swan, sandhill crane, and mourning dove on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You must check-in and check out of the refuge daily. Before 
hunting, each hunter must record the date, their name, and the time 
checking into the refuge on a register inside the Hunter Registration 
Kiosk at refuge headquarters. After hunting, each hunter must record 
hunting data (hours hunted waterfowl and/or upland game and the number 
of birds harvested) before departing the refuge.
    2. We prohibit air-thrust boats or boats with motors greater than 25 
hp.
    3. You must remove all boats, decoys, portable blinds, other 
personal property, and any materials brought onto the refuge for blind 
construction by legal sunset (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed 
grouse, sage grouse, gray partridge, fox, and coyote on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Condition A1 applies.
    2. You must possess and carry a refuge Special Use Permit to hunt 
fox and coyotes.
    3. You may only possess approved nontoxic shot (see Sec. 32.2(k)).
    4. Fox and coyote hunters may only use centerfire rifles, rimfire 
rifles, or shotguns with approved nontoxic shot.
    5. We require game bird hunters to wear at least one article of 
blaze-orange clothing visible above the waist.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

[[Page 356]]

               Charles M. Russell National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. We allow hunting of big game on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We allow the use of portable blinds and stands. You may install 
stands and blinds no sooner than August 1, and you must remove them by 
December 15 of each year. We limit each hunter to three stands or 
blinds. The hunter must have their name, address, phone number, and 
automated licensing system number (ALS) visibly marked on the stand.
    2. We allow hunting of elk on designated areas of the refuge. You 
must possess and carry a refuge permit to hunt elk on the refuge.
    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. Migratory Game Bird Hunting. Hunting of migratory game birds is 
permitted on designated areas of the refuge subject to the following 
condition: Air-thrust boats and boats with motors greater than 10 
horsepower motors are not permitted.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Hailstone National Wildlife Refugee

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                  Hewitt Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, swan, sandhill crane, and mourning dove on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit air-thrust boats and boats with motors greater than 
25 hp.
    2. You must remove all boats, decoys, portable blinds, other 
personal property, and any materials brought onto the refuge for blind 
construction by legal sunset (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Lake Mason National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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.

[[Page 357]]

                  Lee Metcalf National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, and 
coot from established blinds in designated areas of the refuge in 
accordance with State regulations subject to the following conditions 
(consult refuge manager prior to hunting to learn of changes or 
updates):
    1. Hunting Access: We have numbered the blinds and assigned them to 
a single access point designated in the refuge hunting leaflet. Hunters 
must park at this access point and at the numbered parking space 
corresponding to a blind. Hunters must walk to the blind along mowed 
trails designated in the hunting leaflet. We open the access point to 
hunters who intend to immediately hunt on the refuge. We prohibit 
wildlife observation, scouting, and loitering at the access point.
    2. Hunting Hours: We open the hunting area, defined by the refuge 
boundary fence, 2 hours before and require departure 2 hours after legal 
waterfowl hunting hours, as defined by the State.
    3. Registration: Each hunter must record the date, his or her name, 
Automated License System number, date of birth, and the time checking 
into the hunt area at the appropriate register before hunting; must set 
the appropriate blind selector before and after hunting; and must record 
hunting data (hours hunted, the number of shots fired, and birds 
harvested) 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. 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.
    6. We prohibit blocking access to refuge gates (see Sec. 27.31(h) 
of this chapter).
    7. Hunters with a documented mobility disability may reserve an 
accessible blind in advance by contacting a refuge officer.
    8. No more than four hunters or individuals may use a blind at one 
time.
    9. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less.
    10. You must conduct all hunting from within 10 feet (3 m) of a 
blind.
    11. All hunters must have a visible means of retrieving waterfowl 
such as a float tube, waders, or a dog capable of retrieving.
    12. We prohibit falconry hunting.
    13. We prohibit boats, fishing gear, and fires (see Sec. 27.95 of 
this chapter).
    14. We require dogs be on a leash at the hunter access point and 
when walking to and from the hunt area/blind (see Sec. 26.21(b) of this 
chapter).
    15. We require hunters to unload shotguns (see Sec. 27.42(b) of 
this chapter) at the hunter access point and when walking to and from 
the hunt area/blind.
    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 
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 the hunt areas 
through designated archery hunting access points. We open access points 
to hunters intending to immediately hunt on the refuge. We prohibit 
wildlife observation, scouting, and loitering at access points and 
parking areas.
    2. Condition A2 applies.
    3. Registration: Each hunter must record the date, his or her name, 
Automated License System number, and date of birth at the appropriate 
register before hunting and must record hunting data (hours hunted, the 
number of arrows released, and deer harvested) at the appropriate 
register before departing the hunting area.
    4. Tree Stands and Blinds: We only allow portable tree stands and 
blinds that must be removed each day (see Sec. 27.93 of this chapter).
    5. We prohibit preseason 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 (see Sec. 27.95 of this 
chapter), and firearms.
    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.
    9. We prohibit the use of any mechanized vehicle to enter or exit 
the hunt area; this includes bicycles.
    D. Sport Fishing. We allow fishing on designated areas (Wildlife 
Viewing Area) of the refuge in accordance with State regulations in 
effect on the Bitterroot River from Tucker Crossing to Florence Bridge.

                   Lost Trail National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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.

[[Page 358]]

    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]

                 Medicine Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
snipe, and dove on designated areas of the refuge in accordance with 
State regulations.
    B. Upland Game Hunting. We allow hunting of pheasant, partridge, and 
sharp-tailed grouse on designated areas of the refuge in accordance with 
State regulations.
    C. Big Game Hunting. We allow hunting of deer and antelope on 
designated areas of the refuge in accordance with State regulations.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to posted refuge 
restrictions.

                 National Bison National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. The refuge unit is open to sport fishing but has 
no refuge-specific regulations as it follows guidelines set out in State 
law.

                   Nine-Pipe National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State hunting 
regulations subject to the following conditions:
    1. We only allow hunting on Lower Red Rock Lake and that portion of 
the River Marsh located directly north of Lower Red Rock Lake. We close 
all other areas of the refuge to hunting of goose, duck, and coot.
    2. Hunters must remove all blinds, decoys, shell casings, and other 
personal equipment (see Sec. Sec. 27.93 and 27.94 of this chapter) from 
the refuge each day.
    3. We only allow nonmotorized boats in the hunt area east of the 
Lower Red Rock Lake dam. We allow boats with motors 10 hp or less west 
of Lower Red Rock Lake dam.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer, elk, moose, and 
pronghorn antelope on designated areas of the refuge in accordance with 
State hunting regulations subject to the following conditions:
    1. Moose hunting on the refuge portion of Montana moose hunt zone 
334 opens October 15 and runs through the end of the State moose season.
    2. We restrict moose hunting to the willow bog area south of Elk 
Springs Creek and nearby foothills at the southeast corner of the 
refuge. We prohibit moose hunting in all other areas of the refuge.
    3. You may hire outfitters or ranchers for the retrieval of big 
game.
    4. We only allow retrieval of game in closed areas of the refuge 
with the consent of a refuge employee.

[[Page 359]]

    5. We prohibit use of wheeled game carts or other mechanical 
transportation devices for game retrieval on portions of the refuge 
designated as Wilderness Area.
    6. We prohibit horses north of Red Rock Pass Road except for the 
retrieval of big game. We only allow horses for back-country access to 
the Centennial Mountains south of Red Rock Pass Road. We require the use 
of certified weed-free hay or pellets.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State fishing regulations subject to the following 
conditions:
    1. We allow fishing from the third Saturday in May through November 
30 on Odell Creek, Red Rock Creek, and Elk Springs Creek west of Elk 
Lake Road.
    2. We allow fishing from July 15 through September 30 on Widgeon 
Pond, Culver Pond, MacDonald Pond, Picnic Creek, and Elk Springs Creek 
east of Elk Lake Road.
    3. We allow fishing in open areas from \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    4. We prohibit fishing on all other refuge waters.
    5. You must only use pole and line or rod and reel to fish on the 
refuge.
    6. You must use artificial lures or flies when fishing refuge 
waters; we prohibit bait fishing.
    7. We prohibit the use or possession of lead sinkers or any lead 
fishing product while fishing.
    8. We prohibit tubes and other flotation devices used for fishing 
unless posted at refuge parking areas as open.

                   Swan River National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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; 69 FR 54362, 54427, Sept. 8, 2004; 70 FR 54182, 
Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of ducks, geese, 
and coots on designated areas of the refuge subject to the following 
conditions:
    1. You may access the refuge from 1\1/2\ hours before legal sunrise 
to 1 hour after legal sunset along the immediate shoreline and including 
the high bank of the Missouri River. You may access the hunting area by 
water or, if by land, only within the public use area of the Island Unit 
and only with shotgun cased and unloaded.
    2. You must remove all blinds and decoys at the conclusion of each 
day's hunt.
    3. You must adhere to all applicable State hunting regulations.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
accordance with State regulations subject to the following condition: We 
require a refuge hunt permit.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance

[[Page 360]]

with State regulations subject to the following conditions:
    1. We allow personally attended hook and line fishing and archery 
fishing (rough fish only) from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    2. We only allow fishing from the shoreline. We prohibit all 
watercraft in the Boyer Chute waterway.
    3. We prohibit floating lines, limblines, trotlines, crossbows, 
snagging devices, nets, and spears.
    4. We prohibit ice fishing.
    5. We prohibit digging or netting bait, frogging, or collecting 
mussels.

                 Crescent Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl and 
coot in designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We close the refuge to the general public from legal sunset to 
legal sunrise. However, hunters may enter the designated hunting area 2 
hours before legal sunrise and must be back to their vehicle in the 
process of leaving the refuge 2 hours after legal sunset. Official 
shooting hours are from \1/2\ hour before legal sunrise until \1/2\ hour 
after legal sunset for deer, coyote, and furbearer hunters; and from \1/
2\ hour before legal sunrise until legal sunset for all other hunters.
    2. We only allow you to unleash dogs used to locate, point, and 
retrieve upland and small game and migratory birds on the refuge while 
hunting (see Sec. 26.21(b) of this chapter).
    3. We open the refuge to hunting from September 1 through January 31 
in accordance with State regulations.
    4. We allow decoys, but hunters must remove them (see Sec. 27.93 of 
this chapter) at the end of each day.
    5. We restrict vehicles to roads that are open to the public (see 
Sec. 27.31 of this chapter). We prohibit hunters taking vehicles off of 
approved roads to set up blinds, decoys, or to retrieve game or for any 
other purposes other than emergencies. We allow parking within one 
vehicle length of the road.
    6. We prohibit publicly organized hunts unless authorized under a 
Special Use Permit.
    7. We only allow temporary blinds and stands, and hunters must 
remove them (see Sec. 27.93 of this chapter) at the end of each day.
    8. We only allow floating blinds on Island Lake. We prohibit all 
boats (including a floating device of any kind) on all other refuge 
lakes.
    B. Upland Game Hunting. We allow hunting of cottontail rabbit, jack 
rabbit, furbearer, coyote, ring-necked pheasant, and prairie grouse on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 through A6 apply.
    2. We prohibit baiting. We allow electronic calls for coyote and 
furbearer hunting.
    3. Coyotes and all furbearers or their parts, if left in the field, 
must be left out of view of the public. Otherwise hunters must remove 
them from the refuge and properly dispose of them.
    C. Big Game Hunting. We allow hunting of white-tailed deer and mule 
deer on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A4, A5, A6, and A7 apply.
    2. We prohibit tree stands that cause damage to the tree by 
penetrating into the bark and tree climbing spikes or screw-in steps 
that penetrate beyond the outer bark of a tree (see Sec. 32.2(i)).
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We close the refuge to the general public from legal sunset to 
legal sunrise. However, anglers may enter the refuge 1 hour before legal 
sunrise and remain until 1 hour after legal sunset.
    2. We open Island Lake to fishing year-round and open Smith and 
Crane Lakes to fishing seasonally from November 1 through February 15. 
We close all other refuge lakes.
    3. We prohibit the possession or use of live or dead minnows and the 
possession of any fish not taken lawfully from one of the refuge lakes 
open to fishing.
    4. We only allow boating and float tubes on Island Lake. We prohibit 
use of internal combustion motors for boats on Island Lake; we close all 
other refuge lakes to boating or float tubing.
    5. We prohibit leaving temporary shelters used for fishing overnight 
on the refuge.

                     DeSoto National Wildlife Refuge

    Refer to Sec. 32.34 Iowa for regulations.

                 Fort Niobrara National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    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 regulations subject to the following 
conditions:
    1. We only allow fishing on the portions of the Minnechaduza Creek 
and downstream from Cornell Dam along the Niobrara River that flows 
through the refuge.
    2. We prohibit the use of limb or set lines.

                  North Platte National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
pheasant, State-defined furbearers, and coyote on designated areas of

[[Page 361]]

the refuge in accordance with State regulations subject to the following 
conditions:
    1. We close the Lake Alice Unit to all public entry from October 15 
through January 14.
    2. Hunters must be 15 years of age or younger. A licensed hunter 19 
years of age or older must accompany youth hunters. We prohibit adults 
accompanying youth hunters to hunt or carry firearms. The accompanying 
adult is responsible for ensuring that the hunter does not engage in 
conduct that would constitute a violation of refuge or State 
regulations.
    3. We close the refuge to public use from legal sunset to legal 
sunrise. However, youth hunters and their adult guides may enter the 
designated hunting area 1 hour prior to legal sunrise.
    4. We only allow dogs for pheasant-hunting on the refuge.
    C. Big Game Hunting. We allow archery hunting of mule deer and 
white-tailed deer on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We close the Lake Alice Unit to all public entry from October 15 
through January 14.
    2. We close the refuge to public use from legal sunset to legal 
sunrise. However, archery deer hunters may enter the designated hunting 
area 1 hour prior to legal sunrise and remain until 1 hour after legal 
sunset.
    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. Migratory Game Bird Hunting. 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; 68 FR 57317, Oct. 2, 2003; 69 FR 
54362, 54428, Sept.8, 2004; 70 FR 54183, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, snipe, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We allow hunting only on designated days.
    2. We only allow motorless boats or boats with electric motors on 
the refuge hunting area during the migratory waterfowl hunting season.
    3. We open the refuge to the public from 1 hour before legal sunrise 
until 1 hour after legal sunset.
    4. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of quail and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A3 and A4 apply.
    2. We only allow hunting on designated days.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                     Desert National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, moorhen, snipe, and dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We allow hunting only on designated days.
    2. We only allow motorless boats or boats with electric motors on 
the refuge hunting area during the migratory waterfowl hunting season.
    3. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of quail and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow hunting on designated days.
    2. Conditions A3 applies.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance

[[Page 362]]

with State regulations subject to the following conditions:
    1. We allow fishing year-round with the exception of the North Marsh 
that we close October 1 to February 1.
    2. We only allow motorless boats or boats with electric motors on 
the Upper Lake, Middle Pond, and Lower Lake.
    3. We prohibit the use of boats, rubber rafts, or other flotation 
devices on the North Marsh.

                   Ruby Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on the refuge in accordance with State regulations subject to the 
following conditions:
    1. We prohibit hunting on the following waters: Big Spring 
Reservoir, Catnip Reservoir, Dunfurrena Ponds, and the ``Little 
Sheldon'' portion of the refuge.
    2. Hunters may only use boats with electric motors.
    3. We only allow portable blinds and temporary blinds constructed of 
synthetic material.
    B. Upland Game Hunting. We allow hunting of quail, grouse, and 
chukar on the refuge except in the following areas: The ``Little 
Sheldon'' portion of the refuge and around the Dunfurrena Ponds in 
accordance with State regulations subject to the following condition: We 
allow sage grouse hunting and require a State permit.
    C. Big Game Hunting. We allow hunting of deer, antelope, and bighorn 
sheep on the refuge except in the following areas: The ``Little 
Sheldon'' portion of the refuge and around Dunfurrena Ponds in 
accordance with State regulations subject to the following conditions:
    1. We allow ground blinds, and you must not construct them earlier 
than 1 week prior to the opening day of the legal season for which you 
have a valid permit.
    2. You must remove blinds (see Sec. 27.93 of this chapter) within 
24 hours of harvesting an animal or at the end of the permittee's legal 
season.
    3. You must tag blinds with the owner's name and permit number.
    4. We prohibit destruction of natural vegetation (see Sec. 27.51 of 
this chapter) or below-ground excavation.
    D. Sport Fishing. We allow fishing in Big Spring Reservoir, Catnip 
Reservoir, and in the Dunfurrena Ponds in accordance with State 
regulations subject to the following conditions:
    1. We only allow boats with electric motors.
    2. We only allow individuals who are age 12 or under, age 65 or 
older, or disabled to fish in McGee Pond.

                       Stillwater Management Area

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge in accordance

[[Page 363]]

with State regulations subject to the following conditions.
    1. We prohibit hunting inside the posted no hunting zone around the 
residence of the former Alves property.
    2. We prohibit hunting inside the posted no hunting zone located 
south of Division Road as shown in the refuge brochure.
    3. We prohibit loaded weapons (see Sec. 27.42(b) of this chapter) 
inside the posted retrieval zone. The zone begins on the north edge of 
Division Road and extends 200 yards (180 m) northward.
    4. We allow persons to transport rifles and pistols through the 
refuge only when unloaded and cased (see Sec. 27.42(b) of this 
chapter).
    5. We prohibit boating outside of the waterfowl and youth waterfowl 
hunting season except on Swan Check Lake where we allow nonmotorized 
boating all year.
    6. We prohibit boats on Swan Lake, the northeast corner of North 
Nutgrass Lake, and the north end of Pintail Bay. We allow the use of 
nonmotorized carts, sleds, floating blinds, and other floating devices 
in these areas to transport hunting equipment and to conceal hunters, 
but not to transport hunters.
    7. We only allow outboard motor boats on Lead Lake, Tule Lake, Goose 
Lake, South Nutgrass Lake, the southeast corner of North Nutgrass Lake, 
and south end of Pintail Bay.
    8. We only allow air-thrust boats on Goose Lake, South Nutgrass 
Lake, the southeast corner of North Nutgrass Lake, and the south end of 
Pintail Bay.
    9. You may not operate air-thrust boats until 1 hour after the legal 
shooting time on opening day of waterfowl season.
    10. We require air-thrust boat owners to get a Special Use Permit 
from the refuge manager and to display a number on their airboats.
    11. We allow nonmotorized boats on all lakes and bays except Swan 
Lake, the northeast corner of North Nutgrass Lake, and the north end of 
Pintail Bay.
    12. We prohibit all-terrain vehicles on the refuge (see Sec. 
27.31(f) of this chapter).
    13. We only allow parking on boat landings and designated parking 
areas.
    14. We only allow camping in designated areas.
    15. We prohibit campfires (see Sec. 27.95 of this chapter).
    B. Upland Game Hunting. We allow hunting of upland game species on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A2, A4, A12, A13, A14, and A15 apply.
    2. Hunters must only use shotguns with approved nontoxic shot (see 
Sec. 32.2(k)).
    C. Big Game Hunting. We allow hunting of mule deer on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1, A2, A12, A13, A14, and A15 apply.
    2. Hunters must only use shotguns, muzzleloading weapons, or bow and 
arrow.
    3. We allow persons to transport centerfire rifles and pistols 
through the refuge only when unloaded and cased (see Sec. 27.42(b) of 
this chapter).
    D. Sport Fishing. [Reserved]

[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; 69 FR 54362, 54429, Sept. 8, 2004]



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. Migratory Game Bird Hunting. We allow hunting of waterfowl in 
accordance with State regulations subject to the following conditions:
    1. We do not require a separate Federal permit for waterfowl 
hunting.
    2. We only allow hunting from Great Bay up to the refuge boundary 
signs and hunters may not retrieve birds beyond refuge signs from the 
shoreline.
    3. We only allow portable blinds. You must remove all decoys, 
blinds, and boats (see Sec. 27.93 of this chapter) each day.
    4. Waterfowl hunters may only access shorelines by boat from 
launching areas outside the refuge.
    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 
subject to the following conditions:
    1. The deer hunt will be the first weekend of the State's either-sex 
season for Wildlife Management Unit M, usually held in November.
    2. We close the refuge to all other public use during the hunt 
weekend.
    3. We require refuge permits (you must possess and carry) for the 
deer hunt for a fee of $20.00. By lottery we draw 20 hunters for each 
day, for a total of 40. We also draw 20 alternate hunters.
    4. A licensed and permit-holding adult who is at least age18 must 
accompany youth hunters up to age 16 when hunting. We charge no refuge 
permit fee to youth hunters.
    5. Youth hunters must have successfully completed a State hunter 
education course.

[[Page 364]]

    6. We require deer hunters to wear in a visible manner on the head, 
chest, and back, a minimum of 400 square inches (2,600 cm\2\) of solid-
colored, blaze-orange clothing or material.
    7. We only allow shotgun hunting with slugs. We prohibit other 
firearms, including handguns, at any time while on the refuge.
    8. You must unload shotguns (see Sec. 27.42(b) of this chapter) 
outside of legal State hunting hours and while traveling through any 
designated safety zone.
    9. We only allow portable tree stands that hunters must remove (see 
Sec. 27.93 of this chapter) at the end of the day.
    10. Two weeks prior to the hunt, we will allow selected hunters a 
refuge permit (you must possess and carry) to scout for 4 days. Scout 
days are Wednesdays through Saturdays during daylight hours only.
    11. You must possess and carry the refuge permit with you at all 
times while scouting and hunting the refuge.
    12. You must check-in at the refuge electronic gate between 4:30 
a.m. and 5:30 a.m. on your assigned hunt day.
    13. We open the entire refuge to deer hunting, with the exception of 
designated safety zones and the former Weapons Storage Area.
    14. In order to protect bald eagles from disturbance, we may, on a 
daily basis, close Woodman Point to deer hunting if significant numbers 
of roosting bald eagles are using the area.
    15. You must park in designated parking areas and along roads up to 
barricades; from there, hunters must only travel by foot.
    16. You must take harvested deer to the refuge office before 
leaving.
    17. The refuge is located in Newington, New Hampshire, along the 
eastern shoreline of Great Bay. McIntyre Road borders the refuge to the 
east. The southern boundary begins approximately \1/4\ mile (.4 km) 
north of the intersection of Fabyan Point Road and McIntyre Road and 
continues west to the shoreline of Great Bay. The northern boundary 
begins approximately 150 feet (45 m) south of the intersection of 
McIntyre Road and Little Bay Road and continues west to the shoreline of 
Great Bay. The western boundary is the shoreline of Great Bay.
    D. Sport Fishing. [Reserved]

                  Lake Umbagog National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
American crow, and woodcock in accordance with State regulations, 
seasons, and bag limits subject to the following conditions:
    1. You must wear two articles of hunter-orange clothing or material. 
One article must be a solid-colored hunter-orange hat; the other must 
cover a major portion of the torso, such as a jacket, vest, coat, or 
poncho and must be a minimum of 50 percent hunter orange in color (such 
as orange camouflage) except when hunting waterfowl.
    2. We will provide permanent refuge blinds that are available by 
reservation. You may make reservations for particular blinds up to 1 
year in advance, for a maximum of 1 week, running Monday through Sunday 
during the hunting season. You may make reservations for additional 
weeks up to 1 week in advance, on a space-available basis. We prohibit 
other permanent blinds. You must remove temporary blinds, boats, and 
decoys (see Sec. 27.93 of this chapter) from the refuge each day.
    3. You may use dogs (see Sec. 26.21(b) of this chapter) to 
retrieve, point, and flush when hunting for migratory birds.
    4. We open the refuge to hunting during the hours stipulated under 
each State's hunting regulations but no longer than from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset. We close the 
refuge to night hunting. Hunters must unload all firearms (see Sec. 
27.42 of this chapter) outside of legal hunting hours.
    5. We prohibit the use of all-terrain vehicles (ATVs or OHRVs) on 
refuge land (see Sec. 27.31(f) of this chapter).
    B. Upland Game Hunting. We allow hunting of coyote, fox, raccoon, 
woodchuck, red and eastern gray squirrel, porcupine, skunk, snowshoe 
hare, ring-necked pheasant, ruffed grouse, and northern bobwhite in 
accordance with State regulations, seasons, and bag limits subject to 
the following conditions:
    1. We prohibit night hunting.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We open the refuge to hunting during the hours stipulated under 
State hunting regulations but no longer than from \1/2\ hour before 
legal sunrise to \1/2\ hour after legal sunset. We close the refuge to 
night hunting. Hunters must unload all firearms (see Sec. 27.42 of this 
chapter), and nock no arrows outside of legal hunting hours.
    4. We prohibit the use of all-terrain vehicles (ATVs or OHRVs) on 
refuge land (see Sec. 27.31(f) of this chapter).
    5. You must wear two articles of hunter-orange clothing or material. 
One article must be a solid-colored hunter-orange hat; the other must 
cover a major portion of the torso, such as a jacket, vest, coat, or 
poncho and must be a minimum of 50 percent hunter orange in color (such 
as orange camouflage) except when hunting turkey.
    6. We allow hunting of coyotes and snowshoe hare with dogs during 
State hunting seasons. Hunting with trailing dogs on the refuge will be 
subject to the following regulations:
    i. You must equip all dogs used to hunt coyote with working radio-
telemetry collars, and you must be in possession of a working radio-
telemetry receiver that can detect and track the frequencies of all 
collars used. We

[[Page 365]]

require no radio-telemetry collars for dogs used to hunt snowshoe hare.
    ii. We prohibit training during or outside of dog season for coyote 
or hare.
    iii. We allow a maximum of four dogs per hunter.
    iv. You must pick up all dogs the same day you release them (see 
Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow hunting of bear, white-tailed deer, 
and moose in accordance with State regulations, seasons, and bag limits 
subject to the following conditions:
    1. Conditions B3 and B4 apply.
    2. We allow bear hunting with dogs during State hunting seasons. 
Hunting with trailing dogs on the refuge will be subject to the 
following conditions:
    i. You must equip all dogs used to hunt bear with working radio-
telemetry collars, and you must be in possession of a working radio-
telemetry receiver that can detect and track the frequencies of all 
collars used.
    ii. We prohibit training during or outside of dog season for bear.
    iii. We allow a maximum of four dogs per hunter.
    iv. You must pick up all dogs the same day you release them (see 
Sec. 26.21(b) of this chapter).
    3. We allow prehunt scouting of the refuge; however, we prohibit 
dogs and firearms during prehunt scouting.
    4. Each hunter must wear two articles of hunter-orange clothing or 
material. One article must be a solid-colored hunter orange hat; the 
other must cover a major portion of the torso, such as a jacket, vest, 
coat, or poncho and must be a minimum of 50 percent hunter orange in 
color (such as orange camouflage).
    5. We allow temporary tree stands and blinds, but you must remove 
them (see Sec. 27.93 of this chapter) by the end of the season. We 
prohibit nails, screws, or screw-in climbing pegs to build or access a 
stand or blind (See Sec. 32.2(i)).
    D. Sport Fishing. [Reserved]

            Silvio O. Conte National Fish and Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
common snipe, sora, Virginia rail, common moorhen, and American woodcock 
on the Pondicherry Division of the refuge in accordance with State 
regulations subject to the following conditions:
    1. You may only use portable blinds. You must remove all blinds, 
decoys, shell casings, and other personal equipment and refuse from the 
refuge by legal sunset (see Sec. Sec. 27.93 and 27.94 of this chapter).
    2. 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 hunter-orange clothing or material, except when hunting waterfowl.
    3. We allow the use of retrieving dogs but dogs must be under voice 
command at all times (see Sec. 26.21 of this chapter).
    4. We allow hunting during the hours stipulated under the State's 
hunting regulations but no longer than from \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset. We prohibit night hunting. You 
must unload all firearms (see Sec. 27.42 of this chapter) outside of 
legal hunting hours.
    5. We prohibit all-terrain vehicles (ATV's or OHV's).
    B. Upland Game Hunting. We allow hunting of coyote, fox, raccoon, 
woodchuck, red squirrel, eastern gray squirrel, porcupine, skunk, 
American crow, snowshoe hare, ring-necked pheasant, and ruffed grouse on 
the Pondicherry Division of the refuge in accordance with State 
regulations subject to the following conditions:
    1. 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 hunter-orange clothing or material.
    2. Conditions A3, A4, and A5 apply.
    3. We allow hunting of snowshoe hare and coyote with dogs from 
October 1 to March 15. You may hunt with trailing dogs on the refuge 
subject to the following conditions:
    i. We will only allow dog training outside the established hunting 
seasons under a Special Use Permit issued by the refuge manager.
    ii. We allow a maximum of four dogs per hunter.
    iii. You must pick up all dogs the same day you release them (see 
Sec. 26.21(b) of this chapter).
    C. Big Game Hunting. We allow hunting of white-tailed deer, moose, 
black bear, and wild turkey on the Pondicherry Division of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We allow bear hunting with dogs during the established State 
hound season. Hunting with trailing dogs on the refuge will be subject 
to the following conditions:
    i. We allow a maximum of four dogs per hunter.
    ii. You must pick up all dogs the same day you release them (see 
Sec. 26.21(b) of this chapter).
    2. We prohibit the use of bait (see Sec. 32.2(h)).
    3. We allow temporary tree stands and blinds, but you must remove 
them (see Sec. Sec. 27.93 and 27.94 of this chapter) by the end of the 
season. Your name and address must be clearly visible on the tree stand. 
We prohibit nails, screws, or screw-in climbing pegs to build or access 
a stand or blind (See Sec. 32.2(i)).
    4. You must wear in a conspicuous manner on the outermost layer of 
the head, chest, and back a minimum of 400 square inches

[[Page 366]]

(2,600 cm\2\) of hunter-orange clothing or material, except when hunting 
turkey or while engaged in archery hunting.
    5. Conditions A5 and A6 apply.
    6. We allow prehunt scouting of the refuge; however, we prohibit 
firearms during prehunt scouting.
    7. We will only allow dog training outside the established hunting 
seasons under a Special Use Permit issued by the Refuge Manager.
    D. Sport Fishing. [Reserved]

[65 FR 30786, May 12, 2000, as amended at 65 FR 56405, Sept. 18, 2000; 
69 FR 54362, 54430, Sept. 8, 2004; 70 FR 54183, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of waterfowl, coot, 
moorhen, rail, common snipe, and woodcock in accordance with State 
regulations subject to the following conditions:
    1. We only allow hunting on those refuge tracts located west of 
Route 47 in the Delaware Bay Division and on those tracts north of Route 
550 in the Great Cedar Swamp Division. We prohibit hunting on the Two 
Mile Beach Unit.
    2. While hunting migratory game birds, except waterfowl, you must 
wear in a visible manner on your head, chest, and back a minimum of 400 
square inches (2,600 cm\2\) of solid-colored, hunter-orange clothing or 
material.
    3. You must remove all hunting blind materials, boats, and decoys 
(see Sec. 27.93 of this chapter) at the end of each hunting day. We 
prohibit permanent or pit blinds.
    4. The common snipe season on the refuge begins with the start of 
the State early woodcock south zone season and continues through the end 
of the State common snipe season.
    5. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
accordance with State regulations subject to the following conditions:
    1. We prohibit hunting on the following areas:
    i. The posted ``Closed Area'' of Tract 200 in the Delaware Bay 
Division;
    ii. The posted ``Closed Area'' in Tract 334 in the Delaware Bay 
Division; and
    iii. The Two Mile Beach Unit.
    2. During the firearms big game seasons, you must wear, in a visible 
manner on head, chest, and back, a minimum of 400 square inches (2,600 
cm\2\) of solid-colored, hunter-orange clothing or material.
    D. Sport Fishing. [Reserved]

               Edwin B. Forsythe National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl, coot, 
moorhen, and rail on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must remove all hunting blind materials, boats, and decoys 
(see Sec. 27.93 of this chapter) at the end of each hunting day. We 
prohibit permanent or pit blinds.
    2. You may use trained dogs for the retrieval of authorized game 
birds (see Sec. 26.21(b) of this chapter).
    3. You may possess a maximum of 25 approved nontoxic shotshells per 
day in all hunting units of the Barnegat Division and a maximum of 50 
approved nontoxic shotshells per day in Unit 1 of the Brigantine 
Division (see Sec. 32.2(k)).
    4. In Hunting Unit B of the Barnegat Division, we restrict hunting 
to designated sites, with each site limited to one party of hunters.
    5. In Hunting Units B, D, E, and F of the Barnegat Division, we 
require a minimum of six decoys, and we prohibit jump shooting.
    6. Access is by boat only in all Units of the Barnegat Division 
except Unit A South and Unit F. You may access these units by foot or 
boat. Access is by boat only in all Units of the Brigantine Division.
    7. You may not enter hunt Units before 4 a.m.
    8. No person including, but not limited to, a guide, guide service, 
outfitter, club, or other organization, will provide assistance, 
services, or equipment on the refuge to any other person for 
compensation unless such guide, guide service, outfitter, club, or 
organization has obtained a Special Use Permit from the refuge for a 
fee.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer in New 
Jersey Deer Management Zones 56, 57, and 58 in accordance with State 
regulations subject to the following conditions:
    1. We require persons hunting on the refuge for the first time to 
attend one of the four refuge-specific hunter-orientation sessions 
conducted during the fall.
    2. We require a State permit for the appropriate State Deer 
Management Zone. You must have this permit stamped and validated in 
person at the Brigantine or Barnegat office. Hunters will receive maps 
of the refuge-specific zones upon validation.
    3. Hunters may enter the refuge no earlier than 2 hours before 
shooting time and must leave no later than 1 hour after the end of

[[Page 367]]

shooting time. Refuge hunting hours are consistent with State hunting 
hours.
    4. During firearm big game season, hunters must wear in a visible 
manner on head, chest, and back a minimum of 400 square inches (2,600 
cm\2\) of solid-colored, hunter-orange clothing or material.
    5. You may scout on the 2 Sundays prior to the opening day of your 
respective zone permit.
    D. Sport Fishing. We allow fishing at the Holgate Unit, Little Beach 
Island, Graveling Point, Lily Lake, and the posted fishing areas along 
the south side of Parkertown Dock Road, North side of Cedar Run Dock 
Road, end of Stafford Avenue, and the middle branch of the Forked River 
in accordance with State regulations subject to the following 
conditions:
    1. We close the Holgate unit and Little Beach Island during the 
migratory bird nesting season. We may extend the closure of the bay side 
portion of the Holgate Unit through October.
    2. We require a Special Use Permit to fish from Little Beach Island. 
You may obtain permits from the refuge headquarters.
    3. We only allow car-top-type launches at Lily Lake. There is no 
boat ramp.
    4. We prohibit use of internal combustion engines on Lily Lake.
    5. We will close the Forked River fishing area during zone 58 big 
game hunting season.
    6. We will open Forked River and Lily Lake from legal sunrise until 
legal sunset.
    7. We prohibit fishing, clamming, and crabbing from any waters 
within tract 122X, locally known as the AT&T properties. We close this 
tract to all public use.

                  Great Swamp National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We require a State permit for the appropriate New Jersey Deer 
Management Zone.
    2. In addition to the State permit, we require a Deer Hunting Permit 
(along with a fee) issued by the refuge. This permit must be stamped for 
validation.
    3. We require refuge hunters to pass a written examination before 
allowing them to hunt on the refuge.
    4. Hunters must wear in a visible manner on head, chest, and back a 
minimum of 400 square inches (2,600 cm\2\) of solid-colored hunter-
orange clothing or material.
    5. Hunters must be in possession of refuge and State hunting permits 
at all times while hunting on the refuge.
    6. Refuge hunting regulations, as listed in the ``Great Swamp 
National Wildlife Refuge Public Deer Hunt Map,'' and found in the 
examination, will be in effect.
    D. Sport Fishing. [Reserved]

                Supawna Meadows National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of all migratory 
bird species on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. You must possess and carry a signed refuge hunt permit at all 
times while scouting and hunting on the refuge. We charge a fee for all 
hunters except youth age 16 and younger.
    2. We issue one companion permit at no charge to each hunter. We 
allow companions

[[Page 368]]

to observe and call, but they cannot shoot a firearm or bow. Companion 
and hunters must set up in the same location.
    3. We have seven hunting areas on the refuge. We allow migratory 
bird hunting in Areas A, D, E, and G. We close Areas C and F to 
migratory bird hunting. We close Area B to migratory bird hunting except 
we open 119 Owens Station Road to State-licensed disabled hunters. We 
provide maps with the refuge permit (you must possess and carry) that 
show these areas in detail.
    4. We provide you with hunt parking areas and issue parking permits 
that you must clearly display in your vehicle. Hunters who park on the 
refuge must park in identified hunt parking areas.
    5. You must wear, in a visible manner, a minimum of 400 square 
inches (2,600 cm\2\) of solid-color, hunter-orange clothing or material 
on the head, chest, and back, except when hunting duck and goose.
    6. You may only possess approved nontoxic shotgun shells (see Sec. 
32.2(k)) in quantities of 25 or less daily.
    7. We prohibit use or erection of permanent or pit blinds. You must 
remove all hunting blind material, boats, and decoys (see Sec. 27.93 of 
this chapter) from the refuge at the end of each hunting day.
    8. We prohibit the use of all terrain vehicles (ATVs) on the refuge 
(see Sec. 27.31(f) of this chapter), except if you have a State of New 
Jersey--disabled hunting license, have received a disabled hunting 
permit from the refuge, have a certificate of ATV safety class 
completion, and are hunting in the disabled hunter area located at 119 
Owens Station Road.
    9. We allow prehunt scouting, and we allow the use of dogs while 
hunting. However, we prohibit dogs during prehunt scouting.
    10. We limit the number of dogs per hunting party to no more than 
two dogs.
    11. We allow hunters to enter the refuge 2 hours before shooting 
time, and they must leave no later than 2 hours after the end of 
shooting time.
    12. We prohibit the hunting of crows on the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A2, A4, A8, A9, and A11 apply.
    2. We have seven hunting areas on the refuge. We allow white-tailed 
deer and turkey hunting in Areas A, D, E, F, and G. Area B is open for 
big game hunting east of the abandoned railroad bed. Also in Area B, we 
only allow State-licensed, disabled hunters to hunt at 119 Owens Station 
Road. We close Area C to big game hunting. We provide maps with the 
refuge permit (you must possess and carry) that show these areas in 
detail.
    3. We require firearms hunters to wear, in a visible manner, a 
minimum of 400 square inches (2,600 cm\2\) of solid-color, hunter-orange 
clothing or material on the head, chest, and back. Bow hunters must meet 
the same requirements when we open the firearm season. We do not require 
turkey hunters to wear orange at any time.
    4. You must remove all stands and other hunting material (see Sec. 
27.93 of this chapter) from the refuge at the end of each day.
    D. Sport Fishing. We allow fishing in designated sections of the 
refuge in both New York and New Jersey in accordance with State 
regulations subject to the following conditions:
    1. We allow fishing in and along the banks of the Wallkill River and 
in the pond at refuge headquarters.
    2. We require that anglers park in designated parking areas to 
access the Wallkill River through the refuge.
    3. You may launch canoes, kayaks, or small boats at designated river 
access locations.
    4. We allow fishing from legal sunrise to legal sunset.
    5. We prohibit commercial fishing on the refuge.
    6. We prohibit the taking of frog and turtle (see Sec. 27.21 of 
this chapter).

[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; 69 FR 
54362, 54432, Sept. 8, 2004]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, mourning dove, and sandhill crane on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. On the North Tract (including Salt Creek Wilderness Area and the 
portion of the refuge located north of U.S. Highway 70) all hunting must 
be in accordance with State seasons and regulations. On the Middle Tract 
(the portion of the refuge located between U.S. Highway 70 and U.S. 
Highway 380), we restrict hunting to goose, duck, sandhill crane, and 
American coot (no dove) in the

[[Page 369]]

designated public hunting area in the southern portion of the Tract that 
never approaches closer than 100 yards (90 m) to the public auto tour 
route only; we limit hunting to Tuesdays, Thursdays, and Saturdays 
during the period when the State seasons for that area are open 
simultaneously for ALL these species; and all hunting must cease at 1 
p.m. (local time) on each hunt day. On the South Tract (the portion of 
the refuge located south of U.S. Highway 380), we only allow hunting 
during Special Hunts (Youth hunters [17 years of age and younger] and/or 
Physically Impaired) as per State seasons and regulations.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. We prohibit pit or permanent blinds and require daily removal of 
all waterfowl decoys and all temporary blinds/stands (see Sec. 27.93 of 
this chapter).
    4. We only allow unleashed hunting/retrieving dogs on the refuge 
when hunters are legally present in areas where we allow hunters, only 
if the dogs are under the immediate control of hunters at all times (see 
Sec. 26.21(b) of this chapter), and only to pursue species legally in 
season at that time.
    5. We do not require refuge or other special hunt permits other than 
those required by the State (e.g., sandhill crane permits).
    B. Upland Game Hunting. We allow hunting of pheasant, quail, 
cottontail, and jack rabbit on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. On the North Tract (including Salt Creek Wilderness Area and the 
portion of the refuge located north of U.S. Highway 70), all hunting 
must be in accordance with State seasons and regulations. On the Middle 
Tract (the portion of the refuge located between U.S. Highway 70 and 
U.S. Highway 380), we only allow pheasant hunting and restrict hunting 
to the designated public hunting area in the southern portion of the 
Tract that never approaches closer than 100 yards (90 m) from the public 
auto tour route; we limit hunting to Tuesdays, Thursdays, and Saturdays 
during the State season for the Middle Tract; and all hunting must cease 
at 1 p.m. (local time) on each hunt day. On the South Tract (the portion 
of the refuge located south of U.S. Highway 380) we only allow public 
hunting during Special Hunts (Youth hunters [17 years of age and 
younger] and/or Physically Impaired) as per State seasons and 
regulations.
    2. Conditions A2 and A4 apply.
    3. We do not require refuge or other special hunt permits other than 
those required by the State.
    C. Big Game Hunting. We allow hunting of mule deer, white-tailed 
deer, and feral hog on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We restrict all hunting to the North Tract (including Salt Creek 
Wilderness Area and the portion of the refuge located north of U.S. 
Highway 70) in accordance with State seasons and regulations, with the 
specification that we only allow hunt and take of feral hog (no bag 
limit) during deer hunts for that area and only with the weapon legal 
for deer on that day in that area.
    2. Condition B3 applies.
    3. We only allow use of portable blinds or stands, and require daily 
removal of all blinds and stands (see Sec. 27.93 of this chapter).
    D. Sport Fishing. [Reserved]

               Bosque Del Apache National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning and 
white-winged dove and light goose on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a refuge permit for hunting of light 
goose. The permit is available through a lottery drawing, and we must 
receive applications for the permit by November 30 of each year along 
with a $6.00 nonrefundable application fee.
    2. We allow hunting of light goose on Monday, Wednesday, and Friday 
during a week in January to be determined by refuge staff. We will 
announce hunt dates by September 1 of the previous year. Hunters must 
report to the refuge headquarters by 4:45 a.m. each hunt day. Legal 
hunting hours will run from \1/2\ hour before legal sunrise and will not 
extend past 11:00 a.m. local time.
    3. We allow the use of hunting dogs for bird retrieval. You must 
keep dogs on a leash when not hunting (see Sec. 26.21(b) of this 
chapter).
    4. We prohibit hunters and dogs from retrieving dead or wounded 
birds in closed areas.
    5. All State and Federal hunting and fishing regulations regarding 
methods of take, dates, bag limits, etc., apply to all hunting and 
fishing on the refuge, in addition to these refuge-specific regulations.
    6. We prohibit canoeing, boating, or floating through the refuge on 
the Rio Grande.
    7. We prohibit hunting any species on the Rio Grande within the 
refuge.
    8. We prohibit falconry on the refuge.
    B. Upland Game Hunting. We allow hunting of quail and cottontail 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We only allow shotguns and bows and arrows.
    2. Conditions A5 through A8 apply.
    3. We allow cottontail rabbit hunting between December 1 and the 
last day of February.
    C. Big Game Hunting. We allow hunting of mule deer and oryx on 
designated areas of

[[Page 370]]

the refuge in accordance with State regulations subject to the following 
conditions:
    1. Refer to the refuge map for designated areas.
    2. Hunting on the eastside of the Rio Grande is by foot or horseback 
only.
    3. We allow oryx hunting from the east bank of the Rio Grande and 
east to the refuge boundary. We will allow hunters possessing a valid 
State special off-range permit to hunt oryx on the refuge during the 
concurrent State deer season. We also may establish special hunt dates 
each year for oryx. Contact the refuge manager for special dates.
    4. Conditions A5 through A8 apply.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing on all canals within the refuge boundaries 
(Interior Drain, Riverside Canal, and Low Flow Conveyance Channel), and 
unit 25AS either from the boardwalk or from shore.
    2. We allow fishing from April 1 through September 30.
    3. We allow fishing from 1 hour before legal sunrise until 1 hour 
after legal sunset.
    4. We prohibit trotlines, bows and arrows, boats or other floatation 
devices, seining, dip netting, traps, using bait taken from the refuge, 
taking of turtle (see Sec. 27.21 of this chapter), littering, and all 
other activities not expressly allowed.
    5. Access to the canals is via the tour loop. We prohibit fishing in 
closed areas of the refuge, with the exception of the Low Flow 
Conveyance Channel.
    6. We allow frogging for bullfrog on the refuge from June 1 through 
August 15 in areas that are open to fishing. We only allow frogging from 
1 hour before legal sunrise to 1 hour after legal sunset. Interested 
persons must obtain a free Special Use Permit at the refuge visitor 
center.
    7. All State and Federal fishing regulations regarding methods of 
take, dates, creel limits, etc., apply to all fishing on the refuge, in 
addition to these refuge-specific regulations.
    8. We prohibit fishing for any species on the Rio Grande within the 
refuge.
    9. Condition A6 applies.

                   Las Vegas National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning dove 
and Canada goose on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must possess and carry a refuge permit and pay a fee.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    3. Youth hunters age 17 and under must hunt under the supervision of 
an adult age 21 or older.
    4. We prohibit hunters and dogs from entering closed areas to 
retrieve birds.
    5. We only allow Canada goose hunting on designated day(s) of the 
week as identified on the permit.
    6. Shooting hours for Canada goose are from \1/2\ hour before legal 
sunrise to 1 p.m. local time.
    7. The bag limit for Canada goose is two.
    8. For Canada goose hunting, you may only possess approved nontoxic 
shells (see Sec. 32.2(k)) while in the field in quantities of six or 
less.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Maxwell National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. 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]

[[Page 371]]

    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; 69 FR 54362, 54433, Sept. 8, 2004; 70 FR 54184, 
Sept. 13, 2005]



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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
rail, coot, gallinule, snipe, and woodcock on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. For hunting of goose, duck, and coot (only allowed on Tuesdays, 
Thursdays, and Saturdays):
    i. We require refuge waterfowl hunting permits. We allocate permits 
by random drawing at the Waterfowl Hunter Check Station on Route 77 on 
hunt days, except that we conduct a mail-in lottery for permits issued 
for opening day and the first two Saturdays of the regular waterfowl 
season. Permits allow up to three hunters to hunt. We charge a daily 
fee. A hunt stand is available for physically challenged hunters 
possessing a Golden Access Passport. We will allocate the hunt stand in 
a separate random draw for opening day and by first-come, first-served 
basis for other hunt days. The permit will allow one helper who may also 
hunt.
    ii. You must possess and carry a valid New York State Waterfowl 
Education Certificate of Qualification.
    iii. You must provide and use a minimum of six decoys.
    iv. We only allow hunting from \1/2\ hour before legal sunrise to 12 
p.m. (noon). All hunters must check out no later than 1 p.m. by 
returning the Harvest Report portion of your permit to the Waterfowl 
Hunter Check Station.
    v. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in the field in quantities of 20 or less.
    vi. You must hunt within 100 feet (30 m) of your designated stand 
unless actively pursuing crippled birds.
    2. For hunting of rail, gallinule, snipe, and woodcock:
    i. We require refuge daily small-game hunt permits and reports. You 
may obtain these self-issued permits at several kiosks located around 
the refuge. The hunter must complete and sign Part ``A'' and possess and 
carry Part ``B'' while hunting, then complete and return Part ``B'' to 
one of the kiosks at the end of the hunt day.
    ii. You may only possess approved nontoxic shot in the field (see 
Sec. 32.2(k)).
    iii. We only allow hunting east of Sour Springs Road.
    3. We allow youths ages 12 to 17 to hunt goose and duck on the first 
Sunday of the regular waterfowl season subject to the following 
conditions:
    i. Each youth hunter must preregister at the refuge office.
    ii. Each youth hunter must participate in the prehunt orientation 
and education program.
    iii. Each youth must hunt with a preapproved, nonhunting adult (see 
refuge manager for details), who must be properly licensed to 
participate in the program.
    iv. Conditions 1iv, 1v, and 1vi above apply.
    B. Hunting of Upland Game. We allow hunting of ruffed grouse, gray 
squirrel, cottontail rabbit, pheasant, coyote, fox, raccoon, skunk, and 
opossum on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We require refuge daily small-game hunt permits and reports. You 
may obtain these self-issued permits at several kiosks located around 
the refuge. You must complete and sign Part A and possess and carry Part 
B while hunting, then complete and return Part B to one of the kiosks at 
the end of the hunt day.
    2. We only allow hunting from legal sunrise to legal sunset. We 
prohibit night hunting.
    3. We allow hunting only between October 1 and the last day of 
February.
    4. You must only possess approved nontoxic shot (see Sec. 32.2(k)) 
while in the field if hunting with a shotgun.
    5. You must wear in a visible manner on head, chest, and back a 
minimum of 400 square inches (2,600 cm\2\) of solid-colored, hunter-
orange clothing or material during any firearms deer season.

[[Page 372]]

    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. White-tailed deer:
    i. We require refuge daily deer hunt permits and reports. These 
self-issued permits are available at several kiosks located around the 
refuge. You must complete and sign Part A and possess and carry Part B 
while hunting, then complete and return Part B to one of the kiosks at 
the end of the hunt day.
    ii. All hunters must wear in a visible manner on head, chest, and 
back a minimum of 400 square inches (2,600 cm\2\) of solid-colored, 
hunter-orange clothing or material during any firearms deer season.
    iii. If you use portable tree stands, blinds, and decoys, you must 
remove all equipment (see Sec. 27.93 of this chapter) from the refuge 
at the end of the day.
    2. Turkey (only allowed during the spring season):
    i. We require refuge spring turkey hunting permits. We select 
permittees, except youth permittees as designated below, from a mail-in, 
random drawing for available permits. We charge a nonrefundable 
application processing fee.
    ii. Only youth hunters ages 12 to 17, accompanied by a properly 
licensed, preapproved nonhunting adult (see refuge manager for details), 
may hunt at the refuge on the first Sunday of the season. All youth 
hunters must register at the refuge headquarters and attend a mandatory 
orientation.
    iii. You may use portable blinds and decoys, but you must remove all 
equipment (see Sec. 27.93 of this chapter) at the conclusion of each 
day.
    iv. You may only scout during the 7 days immediately preceding the 
season. You must possess and carry your permit when scouting. We 
prohibit calling or possessing a call of any kind while scouting.
    D. Sport Fishing. We allow fishing and frogging on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. You may only fish or frog from legal sunrise to legal sunset.
    2. We allow fishing or frogging in Oak Orchard Creek east of Route 
63 and on other designated areas of the refuge year-round during the 
State season.
    3. We only allow ice fishing on Ringneck Marsh from December 15 
through the last day of February.
    4. We allow frogging in areas open for public fishing. We prohibit 
guns or archery equipment to kill or capture frog.
    5. We prohibit wading or 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.
    6. We require that anglers remove boats, structures, or other 
equipment (see Sec. 27.93 of this chapter) from the refuge after the 
completion of the day's fishing activities.
    7. We allow fishing and frogging from Schoolhouse Marsh dike and 
Center Marsh dike from July 15 to September 30.

                   Montezuma National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require daily refuge permits (you must possess and carry)/
reservations.
    2. We only allow hunting on Tuesdays, Thursdays, and Saturdays 
during the established refuge season set within the State western zone 
season.
    3. We take telephone reservations from 8 a.m. to 8:30 a.m. on 
Tuesdays, Thursdays, and Saturdays for the next hunt day (except for 
opening day).
    4. We take opening day reservations between 8 a.m. and 8:30 a.m. on 
the day immediately before the season opener.
    5. The reservation telephone number is 315-568-4136.
    6. All telephone reservations are available on a first-come, first-
served basis.
    7. Persons with a reservation may bring one companion.
    8. Hunters reserve the parking area of their choice when making 
their reservations.
    9. All hunters with reservations and their companions must check-in 
at the Route 89 Hunter Check Station at least 1 hour before legal 
shooting time or forfeit their reservation.
    10. Forfeited reservations become available on a first-come, first-
served basis to standby hunters at the Route 89 Hunter Check Station.
    11. We require $10.00 per reservation fee. Hunters with either 
Golden Age or Access Passports receive a 50 percent discount.
    12. We require motorless boats to hunt and limit hunters to one boat 
per reservation.
    13. We select hunting sites in a free-roam system.
    14. You may only possess approved nontoxic shells (see Sec. 
32.2(k)) while in the field in quantities of 15 or less.
    15. We prohibit shooting from the dike.
    16. Hunting ends at 12 p.m. (noon), and all hunters must check out 
by 1 p.m.
    17. We require successful completion of the New York State Waterfowl 
Identification Course, the Montezuma Nonresident Waterfowl 
Identification Course, or a suitable nonresident State Waterfowl 
Identification Course to hunt the refuge.
    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 
subject to the following conditions:

[[Page 373]]

    1. We only allow hunting of white-tailed deer on designated portions 
of the refuge by archery, firearms (see Sec. 27.42 of this chapter), or 
muzzleloaders during established refuge seasons set within the general 
State white-tailed deer season.
    2. We prohibit Sunday hunting.
    3. Each hunter must possess, carry, and return at day's end a valid 
daily hunt permit card.
    4. Daily hunt permits are available at the Route 89 Hunter Check 
Station on a first-come, first-served basis, issued by refuge personnel 
or available on a self-service basis.
    5. We make available 150 firearms hunt permit cards each day on a 
first-come, first-served basis.
    6. Hunters must fill out Part A of the daily hunt permit card at 
check-in and leave it with refuge personnel or deposit it in the Part A 
box at the Route 89 Hunter Check Station.
    7. The hunter must carry Part B of the daily hunt permit card while 
hunting the refuge.
    8. The hunter must complete Part B and deposit it in the Part B box 
at the Route 89 Hunter Check Station by the end of the hunt day.
    9. Successful opening day archery hunters must bring their deer to 
the Route 89 Hunter Check Station.
    10. Successful firearms hunters must bring their deer to the Route 
89 Hunter Check Station on the days we staff it.
    11. Firearms hunters must wear in a visible manner on the head, 
chest, and back a minimum of 400 square inches (2,600 cm\2\) of solid-
blaze orange.
    12. We only allow shotguns and muzzleloaders during the firearms 
(see Sec. 27.42 of this chapter) season. We prohibit handguns.
    13. Hunters must have all guns unloaded (see Sec. 27.42 of this 
chapter) between legal sunset and legal sunrise.
    14. Hunters must disassemble, lock, or case all bows after legal 
sunset and before legal sunrise.
    15. We prohibit advance scouting.
    16. We prohibit boats and canoes on refuge pools. We prohibit 
hunting on the open water portions of the refuge pools.
    17. We prohibit ATVs (see Sec. 27.31(f) of this chapter).
    18. Hunters may only use portable tree stands and must remove them 
(see Sec. 27.93 of this chapter) from the refuge each day.
    19. We prohibit screw-in tree steps (see Sec. 32.2(i)).
    20. We allow firearms hunters to be on the refuge during the period 
that begins 1 hour before legal sunrise and ends 1 hour after legal 
sunset.
    21. We allow archery hunters to be on the refuge during the period 
that begins 1 hour before legal sunrise (except for opening day) and 
ends 1 hour after legal sunset.
    22. On opening day, we allow archery hunters on the refuge during 
the period that begins 2 hours before legal sunrise and ends 1 hour 
after legal sunset.
    D. Sport Fishing. Anglers may only access the New York State Barge 
Canal System Waters at two sites on the refuge: The Seneca River Fishing 
Access Site and the May's Point Fishing Area. Anglers may either bank 
fish or boat fish in accordance with State regulations.

                   Oyster Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of whitetail deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We allow archery and shotgun hunting of white-tailed deer within 
portions of the refuge on specific days between October 1 and January 
31.
    2. We require refuge permits. We limit the number of deer hunters 
allowed to hunt on the refuge. We will issue permits by random 
selection.
    3. You must take the specified number of antlerless deer as noted in 
the refuge hunting regulations before taking an antlered deer.
    4. You must possess and carry all applicable and valid hunting 
licenses, permits, stamps, and a photographic identification while 
hunting on the refuge.

[[Page 374]]

    5. You must possess proof of completion of the refuge-specific 
orientation program upon check-in at the designated refuge hunting 
location.
    6. You must limit driving to designated access roads and park only 
in designated areas (see Sec. 27.31 of this chapter). We prohibit use 
of motorized vehicles on the refuge to retrieve white-tailed deer.
    7. You must display refuge parking permits face-up on the vehicle 
dashboard while hunting.
    8. We allow hunters to enter the refuge 1 hour before legal hunting 
hours. Hunters must leave the refuge no later than 1 hour after legal 
sunset.
    9. We prohibit the use of dogs to hunt or pursue game. We prohibit 
driving deer by any means on the refuge. We prohibit the use of decoys 
to hunt deer on the refuge.
    10. We prohibit carrying a loaded weapon and/or discharge of a 
firearm within the designated 500-foot (150 m) ``No Hunt Buffer'', 
vehicles, or parking areas (see Sec. 27.42(b) of this chapter).
    11. We prohibit shooting directly into or towards the 500-foot (150 
m) ``No Hunt Buffer''.
    12. We prohibit the killing or crippling of any deer without the 
hunter making reasonable effort to retrieve the deer and retain it in 
his/her actual custody.
    13. Hunters assigned to Unit 5 must hunt from portable tree stands 
and must direct aim away from a public road and/or dwelling.
    14. You must have only shotgun shells loaded with slugs during the 
firearms season.
    15. You must wear a minimum of 400 square inches (2,600 cm\2\) of 
solid-orange clothing, visible on head, chest, and back during the 
firearms season. Camouflage orange does not qualify.
    16. We prohibit construction or use of permanent structures while 
hunting. We prohibit driving a nail, spike, screw or other metal object 
into any tree or hunting from any tree on the refuge in which a nail, 
spike, screw or other object has been driven (see Sec. 32.2(i)).
    17. You may use temporary or portable tree stands while hunting 
deer. You must remove all stands or any blinds by legal sunset (see 
Sec. Sec. 27.93 and 27.94 of this chapter). We require all tree stands 
to have the name and address of the owner clearly printed on the stand.
    18. You must report all accidents and injuries to refuge personnel 
as soon as possible and by no later than your departure from the refuge.
    19. Failure to comply with Federal, State, and/or refuge regulations 
will lead to dismissal from the refuge and elimination of participation 
in future hunts.
    20. You must abide all rules and regulations listed on the hunting 
permit.
    21. We prohibit the use of any bait, salt, or enticement (see Sec. 
32.2(h)).
    22. A nonhunting adult (see the refuge manager for details) with a 
valid State hunting license must accompany junior hunters.
    23. We prohibit the marking of any tree, trail, or other refuge 
feature with flagging, paint, reflective material or any other 
substance.
    24. You may scout hunting areas on the refuge only during designated 
times and days. We prohibit the use of dogs during scouting.
    25. We prohibit the use of electronic calls during any hunting 
season.
    26. We prohibit the trimming or cutting of branches larger than the 
diameter of a quarter (see Sec. 27.61 of this chapter).
    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; 69 FR 
54362, 54434, Sept. 8, 2004; 70 FR 54184, Sept. 13, 2005]



Sec. 32.52  North Carolina.

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

                Alligator River National Wildlife Refuge

    A. Hunting of Migratory Birds. We allow hunting of migratory game 
birds on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Hunters must possess and carry a valid refuge hunting permit.
    2. We prohibit construction or use of a permanent blind.
    3. We close the Farming Area to waterfowl hunting.
    4. Each youth hunter must remain within sight and normal voice 
contact of an adult age 21 or older. An adult may directly supervise (up 
to two) youth hunters (age 15 and under), who must have successfully 
completed a State-approved hunter safety course and possess and carry 
proof of certification.

[[Page 375]]

    5. You may only possess approved nontoxic shot in the field (see 
Sec. 32.2(k)).
    6. We allow retrieving dogs in designated areas. We prohibit the use 
of dogs in the Gum Swamp Unit.
    7. We open the refuge to daylight use only, except that we allow 
hunters to enter and remain in open hunting areas from 1 hour before 
legal shooting time until one hour after legal shooting time.
    B. Upland Game Hunting. We allow upland game hunting on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1, A4, A5, and A7 apply.
    2. We only allow dog training during the corresponding hunt season.
    3. We require a Special Use Permit to hunt raccoon or opossum from 
\1/2\ hour after legal sunset until \1/2\ hour before legal sunrise.
    4. We allow the use of dogs in designated areas as shown in the 
refuge Hunting Regulations and Permit Map brochure.
    5. We allow retrieving, pointing, and flushing dogs in designated 
areas. We prohibit the use of dogs in the Gum Swamp Unit.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A4 (an adult may only supervise one youth hunter), 
A7 and B2 apply.
    2. We close the Hyde county portion of the refuge to all hunting 
during State bear seasons.
    3. We only allow pursuit/trailing dogs in designated areas as shown 
in the Refuge Hunting Regulations and Permit Map brochure.
    4. Unarmed hunters may walk to retrieve stray dogs from closed areas 
and ``no dog hunting'' areas.
    D. Sport Fishing. We allow fishing and frogging in accordance with 
State regulations subject to the following conditions:
    1. We only allow fishing from legal sunrise to legal sunset.
    2. We only allow pole and line, rod and reel, or cast net.
    3. We require a Special Use Permit for fishing or frogging between 
legal sunset and legal sunrise.
    4. You must only take frog by use of frog gigs.

                  Cedar Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of tundra swan, 
Canada and snow goose, brant, duck, and coot on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow hunting on 400 acres (160 ha) of marsh located along the 
southern border of West Bay and the eastern border of West Thorofare Bay 
between the John Day Ditch and the Thorofare Ditch. The hunt area 
extends 300 feet (90 m) from the shoreline into the marsh.
    2. We allow portable blinds, but you must remove them (see Sec. 
27.93 of this chapter) each day.
    3. Hunters/hunt parties must not hunt closer than 150 yards (135 m) 
apart.
    4. You may use decoys but you must remove them (see Sec. 27.93 of 
this chapter) daily upon completion of your hunting.
    5. We only allow hunting during the State waterfowl seasons 
occurring in 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 Birds. We allow hunting of swan, goose, 
duck, and coot on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We require a North Carolina Waterfowl Hunt Permit or a Refuge 
Hunt Permit. You must carry a permit while hunting on the refuge.
    2. You must hunt from assigned blind location.
    3. We allow hunting on Wednesdays and Saturdays during the State 
waterfowl season.
    4. We allow hunting from \1/2\ hour before legal 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 2 p.m.
    6. All hunters holding a North Carolina Waterfowl Hunt Permit must 
check-in at the Knotts Island Market by 5:15 a.m. on the morning of the 
hunt. We require no check-in for hunters holding Snow Goose Hunt 
Permits.
    7. All guides must obtain and carry a refuge Special Use Permit to 
conduct guided hunts on the refuge.
    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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We require a Refuge Deer Hunting Permit that hunters must sign 
and carry while hunting on the refuge.

[[Page 376]]

    2. We allow the use of shotguns, muzzleloading rifles/shotguns, and 
bows. We prohibit the use of all other rifles and pistols.
    3. We allow access to hunting areas from 5 a.m. until 8 p.m.
    4. We prohibit carrying a loaded firearm on or within 50 feet (15 m) 
of gravel roads.
    5. We prohibit the marking of trees or vegetation (see Sec. 27.51 
of this chapter) with blazes, flagging, or other marking devices.
    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. Migratory Game Bird Hunting. We allow the hunting of tundra swan, 
snow goose, duck, and coot on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require refuge-issued permits that you must validate at the 
refuge headquarters, sign, possess, and carry while hunting.
    2. Each hunt participant must pay a $12.50 daily user fee.
    3. We restrict hunting to designated blinds assigned by refuge 
personnel.
    4. Hunters may only shoot crippled waterfowl from outside the 
assigned blind.
    5. There is a 30-shell limit per blind hunter per day.
    6. You may use decoys, but you must remove them (see Sec. 27.93 of 
this chapter) daily upon completion of your hunt.
    7. All waterfowl hunters must check out at the assigned station 
prior to leaving the refuge.
    8. Shooting hours are from \1/2\ hour before legal sunrise until 12 
p.m. (noon). Hunting hours on the first day of the youth hunt are from 1 
p.m. until legal sunset.
    9. We allow the use of retrieving dogs, but dogs must be under voice 
command at all times (see Sec. 26.21(b) of this chapter).
    10. You must unload guns (see Sec. 27.42(b) of this chapter) during 
transport through the refuge.
    11. We only allow the taking of Canada goose during the State 
September Canada goose season subject to the following conditions:
    i. We allow hunting Monday through Saturday during the State season, 
and we require refuge-issued permits that you must obtain at the refuge 
office, sign, possess, and carry while hunting.
    ii. We close the following areas to hunting of Canada goose: 
Impoundments MI-4, MI-5, and MI-6; in Rose Bay Canal, Outfall Canal, 
Lake Landing Canal and Waupoppin Canal; 150 feet (45 m) from the mouth 
of the canals where they enter Lake Mattamuskeet; and 150 yards (135 m) 
from State Route 94.
    iii. We allow portable blinds, but you must remove them (see Sec. 
27.93 of this chapter) daily.
    12. Each youth hunter (age 16 and under) must remain within sight 
and normal voice contact of an adult age 21 or older. Youth hunters must 
have completed a State-certified hunter safety course and possess and 
carry the form or certificate.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow the hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. The hunter must possess and carry a signed, refuge-issued permit 
while hunting.
    2. We close to hunting areas along the Entrance Road, MI-4 
impoundment, signed areas along State Route 94, areas around the refuge 
headquarters, and refuge residence area.
    3. Hunters may take one antlered deer and one antlerless deer per 
day, or two antlerless deer per day.
    4. Hunters may take deer with shotgun, bow and arrow, or 
muzzleloading rifle/shotgun.
    5. We allow hunters on the refuge from 1 hour before legal shooting 
time until 1 hour after legal shooting time.
    6. Hunters can use boats to access hunt areas, but we prohibit 
hunting from a boat.
    7. You must check all deer taken at the check station near refuge 
headquarters.
    8. We prohibit erecting portable blinds and tree stands prior to the 
hunt, and you must remove them (see Sec. 27.93 of this chapter) from 
the refuge each day.
    9. Hunters must wear a minimum of 500 square inches (3,250 cm \2\) 
of hunter-orange material above the waist that is visible from all 
directions.
    10. An adult may only supervise one youth hunter. The youth hunter 
must be within sight and normal voice contact of the adult.
    D. Sport Fishing. We allow fishing for game and nongame fish and the 
catching of blue crabs on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We are open to sport fishing, bow fishing, and crabbing from 
March 1 through November 1 from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset, except we allow bank fishing and crabbing year-
round from:
    i. State Route 94;
    ii. The north bridge and south of the north bridge at Lake Landing;
    iii. The Outfall Canal water control structure;
    iv. The Central Canal bridge on Wildlife Drive; and

[[Page 377]]

    v. Along the west main and east main canal between Entrance Road 
metal bridge and Number One East Canal as posted.
    2. We allow bank fishing and crabbing from the North Carolina 
Highway 94 causeway 24 hours per day, year-round.
    3. We allow fishing boats and motors March 1 through November 1. We 
prohibit airboats, sailboats, Jet Skis, and windboards.
    4. We prohibit bank fishing along the Entrance Road from State Route 
94 to the Entrance Road metal bridge.
    5. We prohibit herring dipping.
    6. We allow crabbing subject to the following conditions:
    i. We only allow five handlines and hand-activated traps per person. 
Owners must be in attendance.
    ii. We prohibit crab pots.
    iii. You may only possess 12 crabs per person per day.

                   Pea Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing and crabbing in accordance with 
State regulations subject to the following conditions:
    1. We require a nighttime fishing permit for surf fishing between 
\1/2\ hour after legal sunset and \1/2\ hour before legal sunrise.
    2. We prohibit fishing and crabbing North Pond, South Pond, and New 
Field Pond Impoundments.

                    Pee Dee National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning dove on 
designated dates and areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We require all hunters to possess and carry a signed Refuge 
General Hunt Permit and government-issued picture ID while in the field.
    2. Legal shooting hours are 12 p.m. (noon) until legal sunset.
    3. Validly licensed adults, age 21 or older, holding applicable 
permits must accompany and supervise, remaining in sight and voice 
contact at all times, any youth hunters (under age 16). Each adult may 
supervise no more than two youth hunters. Youth hunters must possess and 
carry evidence of successful completion of a State-approved hunter 
education course.
    4. We prohibit possession of a loaded firearm within 100 feet (30 m) 
of any vehicle or road open to vehicle traffic. We define a loaded 
firearm as a firearm with ammunition in the magazine or chamber, or a 
percussion cap in place on a muzzleloader.
    5. We prohibit the discharge of a weapon (see Sec. 27.42 of this 
chapter) on or across a road open to vehicle traffic.
    6. We prohibit entering or crossing a ``No Hunting Zone'' or 
``Closed Area''. We prohibit the discharge of a weapon (see Sec. 27.42 
of this chapter) within, into, or across a ``No Hunting Zone'' or 
``Closed Area''. We require consent from refuge personnel to enter a 
``No Hunting Zone'' or ``Closed Area'' for the purpose of tracking and/
or retrieving legally taken game animals.
    7. We prohibit the discharge of a weapon (see Sec. 27.42(a) of this 
chapter) for a purpose other than to take or attempt to take legal game 
animals during established hunting seasons.
    8. We prohibit waterfowl hunting. By virtue of and pursuant to the 
Migratory Bird Treaty Act of July 3, 1918, we close the following area 
to the pursuing, hunting, taking, capturing, or killing of migratory 
birds or attempting to take, capture, or kill migratory birds: All the 
area consisting of the bed of the Pee Dee River, bank to bank, submerged 
or exposed including the water thereof, from the confluence of Pressley 
Creek and the Pee Dee River to approximately 5 miles (8 km) downstream 
to the confluence of Brown Creek and the Pee Dee River. Included also 
are the waters surrounding Buzzard Island and that part of the Pee Dee 
River on the northeast side of Leak Island beginning approximately 1/4 
mile (.4 km) downstream from the head of Leak Island (at the head of a 
small unnamed island), and continuing downstream to the main channel of 
the Pee Dee River and containing, in all, a total of 220 acres (88 ha).
    B. Upland Game Hunting. We allow hunting of quail, rabbit, squirrel, 
raccoon, and opossum on designated dates and areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Conditions A1 and A3 through A7 apply.
    2. We prohibit raccoon hunters from entering or remaining on the 
refuge from 1 hour before legal sunrise until 1 hour after legal sunset 
on established hunt dates.
    3. We prohibit raccoon hunters from hunting on the night prior to 
the opening of a firearms deer hunt and on the nights during the deer 
hunt except the last night.
    4. We require dogs on raccoon/opossum hunts. All dogs must wear a 
collar displaying the owner's name, address, and phone number.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated dates and areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A3 through A7 apply (for A3, adults may 
supervise no more than one youth hunter).

[[Page 378]]

    2. We require each person participating in a quota deer hunt to 
possess and carry a refuge Quota Deer Hunt Permit for the hunt in which 
he or she will be participating. Quota Deer Hunt Permits are 
nontransferable.
    3. During deer hunts we prohibit hunters from entering the refuge 
earlier than 4 a.m., and they must leave the refuge no later than 2 
hours after legal sunset.
    4. We prohibit adults from possessing or discharging a firearm 
during the youth deer hunt.
    5. During refuge firearms deer hunts, all participants must wear at 
least 500 square inches (3,250 cm\2\) of unbroken, fluorescent-orange 
material above the waist as an outer garment while hunting and while en 
route to and from hunting areas.
    6. During State firearms deer seasons, all archery hunters must wear 
at a minimum a fluorescent-orange hat while hunting and while en route 
to and from hunting areas.
    7. We prohibit man driving for deer. We define a ``man drive'' as an 
organized hunting technique involving two or more individuals where 
hunters attempt to drive game animals from cover or habitat for the 
purpose of shooting, killing, or moving such animals toward other 
hunters.
    8. We prohibit placing a tree stand on the refuge more than 3 days 
prior to the opening day of the deer hunt in which you will be 
participating. You must remove the tree stands (see Sec. 27.93 of this 
chapter) by the last day of that hunt.
    9. You must wear a safety belt or harness at all times when using 
any tree stand or climbing equipment.
    10. You must check all deer killed on refuge quota deer hunts at the 
refuge check station on the date of kill prior to removing the animal 
from the refuge.
    11. We prohibit the use of dogs for deer hunting.
    12. We prohibit the use of plastic flagging.
    13. We prohibit the use of all-terrain vehicles (ATVs) or off-
highway vehicles (OHVs) (see Sec. 27.31(f) of this chapter).
    14. During refuge firearms deer hunts, we prohibit all other public 
use on the refuge.
    D. Sport Fishing. We allow fishing on designated dates and areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit boats utilizing gasoline-powered motors.
    2. You must unload and load boats by hand on all waters except those 
having designated launch ramps.
    3. We prohibit possession or use of trotlines, set hooks, gigs, jug 
lines, limblines, snagging devices, nets, seines, fish traps, or other 
special devices.
    4. We prohibit taking or attempting to take frog and turtle (see 
Sec. 27.21 of this chapter).
    5. We prohibit swimming.

                 Pocosin Lakes National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
swan, dove, woodcock, rail, and snipe in accordance with State 
regulations subject to the following conditions:
    1. We prohibit hunting on the Davenport and Deaver tracts (which 
include the area surrounding the Headquarters/Visitor Center and the 
Scuppernong River Interpretative Boardwalk), the Pungo Shop area, New 
Lake, refuge lands between Lake Phelps and Shore Drive, and that portion 
of the Pinner Tract east of SR 1105.
    2. We allow you to retrieve game from closed areas listed above with 
consent from a refuge employee, but we prohibit possession of any type 
of weapon (see Sec. 27.42 of this chapter) in a closed area.
    3. We require all hunters to possess and carry a signed, self-
service refuge general hunting permit while hunting on the refuge.
    4. We open the refuge for daylight-use only, except that we allow 
hunters to enter and remain in open hunting areas from 1\1/2\ hours 
before legal shooting time until 1\1/2\ half hours after legal shooting 
time.
    5. We only allow the use of all terrain vehicles (ATVs) on 
designated ATV trails (see Sec. 27.31 of this chapter) and only to 
transport hunters and their equipment to hunt and scout. We only allow 
ATV use on the ATV trails at the following times:
    i. When we open the ATV trail and surrounding area to hunting;
    ii. One week prior to the ATV trail and surrounding area opening to 
hunting; and
    iii. On Sundays, when we open the ATV trail and surrounding area for 
hunting the following Monday.
    6. You must unload and case or dismantle all weapons (see Sec. 
27.42(b) of this chapter) transported via a motorized vehicle or boat 
under power.
    7. We only allow the use of biodegradable-type flagging. We prohibit 
affixing plastic flagging, dots, glow tacks, reflectors, or other 
materials to refuge vegetation (see Sec. 27.51 of this chapter).
    8. We prohibit migratory game bird hunting on the Pungo Unit.
    9. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while migratory game bird hunting west of Evans Road.
    10. We only allow the use of portable blinds and temporary blinds 
constructed of natural materials, but we prohibit the cutting any live 
vegetation on the refuge (see Sec. 27.51 of this chapter). You must 
remove portable blinds (see Sec. 27.93 of this chapter) at the end of 
each day.
    11. We allow the use of dogs to point and retrieve migratory game 
birds, but they must be under your immediate control at all times (see 
Sec. 26.21(b) of this chapter).

[[Page 379]]

    12. While hunting, we require youth hunters age 16 or younger to 
possess and carry proof that they successfully passed a State-approved 
hunter education course. Youth hunters may only hunt under the direct 
supervision of a licensed hunter over age 21. One licensed hunter over 
age 21 may supervise up to two migratory game bird youth hunters at a 
time.
    B. Upland Game Hunting. We allow the hunting of quail, squirrel, 
raccoon, opossum, rabbit, beaver, nutria, and fox in accordance with 
State regulations subject to the following conditions:
    1. Conditions A1 through A7 apply.
    2. We prohibit upland game hunting on the Pungo Unit.
    3. We only allow the taking of beaver and nutria with firearms (see 
Sec. 27.42 of this chapter) and only during those times when we open 
the area hunted to hunting of other game animals with firearms.
    4. We prohibit the hunting of raccoon and opossum during, 5 days 
before, and 5 days after the State bear seasons. Outside of these 
periods, we allow the hunting of raccoon and opossum at night but only 
while possessing a special Refuge Nighttime Raccoon and Opossum Hunting 
Permit.
    5. We only allow the use of shotguns and .22 caliber rim-fire rifles 
for hunting. We also allow disabled hunters to use crossbows while 
possessing the required State permit.
    6. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting upland game west of Evans Road.
    7. We allow the use of dogs for pointing and retrieving upland game 
and for chasing rabbit (but not fox). The dogs must be under your 
immediate control at all times (see Sec. 26.21(b) of this chapter), and 
we prohibit possession of buckshot or slugs while hunting with dogs.
    8. You must wear 500 square inches (3,250 cm \2\) of fluorescent-
orange material above the waist that is visible from all sides when 
hunting upland game.
    9. While hunting, we require that youth hunters under age 16 must 
possess and carry proof that they successfully passed a State-approved 
hunter education course. Youth hunters may only hunt under the direct 
supervision of a licensed hunter age 21 or older. A licensed hunter age 
21 or older may directly supervise up to two upland game youth hunters 
at a time.
    C. Big Game Hunting. We allow the hunting of deer, turkey, and boar 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 through A7 apply.
    2. You may only hunt spring turkey if you possess and carry a valid 
refuge turkey hunting permit. The permits are valid only for the dates 
and areas shown on the permit. We require an application and a fee for 
these permits and hold a drawing, when necessary, to select the 
permittees.
    3. We only allow the use of shotguns, muzzleloaders, and bow and 
arrow for deer and wild boar hunting. We allow disabled hunters to use 
crossbows but only while possessing the required State permit.
    4. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting turkeys west of Evans Road and on the Pungo unit. You may 
use slugs, buckshot, and muzzleloader ammunition containing lead for 
deer hunting in these areas. We prohibit boar hunting on the Pungo Unit 
(they are only known to occur in the Frying Pan area of the refuge).
    5. We only allow deer hunting with shotguns and muzzleloaders on the 
Pungo Unit while possessing a special Pungo Deer Gun-Hunt Permit issued 
by the refuge. These permits are valid only for the designated 2-day 
period shown on the permit. We set the dates of these special 2-day 
hunts following the publication of the State deer seasons. We require an 
application and a fee for these permits and hold a drawing, when 
necessary, to select the permittees.
    6. During the special Pungo Deer Gun-Hunts, we only allow permitted 
hunters on the Pungo Unit. We only allow permitted hunters on the Pungo 
Unit from 1 hour before legal shooting time until 1 hour after legal 
shooting time. You must take any deer harvested during a Pungo Deer Gun-
Hunt to the deer check station located at the Pungo Shop for harvest 
reporting and data collection.
    7. We allow deer hunting with bow and arrow on the Pungo Unit during 
all State deer seasons prior to December 1; however, we prohibit hunting 
on the Pungo Unit on the designated Pungo Deer Gun-Hunts referred to 
above without a valid Pungo Deer Gun-Hunt Permit.
    8. You must wear 500 square inches (3,250 cm \2\) of fluorescent-
orange material above the waist that is visible from all sides while 
hunting deer and wild boar in any area open to hunting these species 
with firearms.
    9. We only allow the use of portable tree stands and require that 
you remove them (see Sec. 27.93 of this chapter) at the end of each 
day, except that hunters with a valid Pungo Deer Gun-Hunt Permit may 
install a stand on the Pungo Unit the day before the start of their hunt 
and leave it until the end of the 2nd day of their 2-day hunt. You must 
tag stands left overnight on the refuge with the hunter's name, address, 
and telephone number.
    10. While hunting, we require youth hunters (under age 16) to 
possess and carry proof that they successfully passed a State-approved 
hunter education course. Youth hunters may only hunt under the direct 
supervision of a licensed hunter age 21 and older. A licensed hunter age 
21 and older may only

[[Page 380]]

supervise one big game youth hunter at a time.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions.
    1. We only allow fishing in Pungo Lake and New Lake from March 1 
through October 31, except that we close Pungo Lake and the entire Pungo 
Unit to fishing during the special 2-day Pungo Deer Gun Hunts in late 
September and October.
    2. We only allow fishing from the bank in the Pungo Unit; we 
prohibit use of boats in this area. We prohibit leaving a boat anywhere 
on the refuge overnight.
    3. We only allow fishing from legal sunrise to legal sunset.

                 Roanoke River National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow the hunting of tundra swan, 
snow goose, brant, duck, and coot on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We allow hunting on refuge marshlands that include Great Island, 
Marsh Island, and all of the refuge marshlands adjacent to Juniper Bay 
eastward to West Bluff Bay.
    2. We prohibit hunting within the 27,000 acre (10,800 ha) 
Presidential Proclamation Area as posted.
    3. We allow portable blinds. You must remove blinds (see Sec. 27.93 
of this chapter) each day.
    4. We prohibit hunters/hunt parties from hunting closer than 150 
yards (135 m) apart.
    5. You may use decoys, but you must remove them (see Sec. 27.93 of 
this chapter) daily upon completion of your hunt.
    6. We allow hunting during the State waterfowl season occurring in 
November, December, and January.
    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 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; 69 FR 
54362, 54436, Sept. 8, 2004; 70 FR 54185, Sept. 13, 2005; 70 FR 56377, 
Sept. 27, 2005]



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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed 
grouse, partridge, cottontail rabbit, and fox on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow hunting on the day following the close of the State 
firearm deer season through the end of the regular upland bird season.
    2. We allow hunting of cottontail rabbit and fox on the day 
following the close of the State firearm deer season through March 31.
    3. We allow access by foot travel only.
    4. We prohibit open fires (see Sec. 27.95(a) of this chapter) and 
camping on the refuge.
    C. Big Game Hunting. We allow deer hunting on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit entering the refuge before legal shooting hours on 
the opening day of firearms deer season. Thereafter, you may enter, but 
not shoot, prior to legal hours. We require all hunters to be off the 
refuge 1\1/2\ hours after legal sunset.
    2. We allow deer hunting on the refuge during the State Youth Deer 
Season except in designated closed areas around refuge headquarters, the 
wildlife observation area, and the auto tour route. Consult the refuge 
hunting map for open and closed hunting areas during the State Youth 
Deer Season.
    3. Firearm deer hunters may not enter the refuge after harvesting a 
deer unless unarmed (see Sec. 27.42(b) of this chapter) and wearing 
blaze orange.
    4. We allow access by foot travel only. You may use a vehicle on 
designated refuge roads and trails to retrieve deer during the following 
times only: 9:30 to 10 a.m.; 1:30 to 2 p.m.; and \1/2\ hour after legal 
sunset for 1 hour.
    5. We allow only temporary tree stands and blinds. You must remove 
all tree stands and

[[Page 381]]

blinds at the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    6. Condition B4 applies.
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We only allow boats, up to a maximum of 25 hp, on Arrowwood Lake 
and Jim Lake from May 1 to September 30 of each fishing year.
    2. We allow bank fishing along major road rights-of-way during the 
entire State fishing season.
    3. We allow bank fishing on interior portions of the refuge from May 
1 through September 30 of each fishing year. We only allow walk-in 
access, except for designated areas.
    4. We allow fishing in the bypass channel during the regular State 
fishing season. We allow walk-in access along maintenance trails from 
June 1 through September 30 of each fishing year.
    5. We allow bow fishing for rough fish along road rights-of-way in 
accordance with State regulations from May 1 through September 30 of 
each fishing year. We prohibit the use of crossbows.
    6. We allow ice fishing on Arrowwood Lake, Jim Lake, and the south 
\1/3\ of Mud Lake. We allow fish houses and vehicles (automobiles and 
trucks only) on the ice as conditions permit. You must remove fish 
houses by March 15. You may use portable fish houses after March 15, but 
you must remove them from the refuge each day (see Sec. 27.93 of this 
chapter).
    7. We prohibit snowmobiles and ATVs on the refuge (see Sec. 
27.31(f) of this chapter).
    8. We prohibit water activities not related to fishing (sailing, 
skiing, tubing, etc.)
    9. We prohibit open fires (see Sec. 27.95(a) of this chapter) and 
camping on the refuge.

                  Arrowwood Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit bringing any 
type of live or dead vegetation onto the refuge for any purpose at any 
time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by legal sunset (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                    Audubon National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of ring-necked pheasant, 
gray partridge, and sharp-tailed grouse on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We annually open to upland bird hunting on the day following the 
close of the regular deer gun season. The hunting seasons continue until 
the State season closes. The refuge has designated open and closed areas 
for hunting.
    2. We prohibit driving vehicles on refuge roads while hunting or to 
access hunting areas. Hunters must park at the refuge boundary and walk 
in.
    3. Hunters may retrieve game up to 100 yards (90 m) inside the 
refuge boundary fence and closed areas of the refuge. Retrieval time 
must not exceed 10 minutes, and hunters may use dogs. We prohibit 
firearms while retrieving game.
    4. We prohibit hunting on all refuge islands.
    C. Big Game Hunting. We allow hunting of white-tailed and mule deer 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. The refuge gun, muzzleloader, and bow deer hunting seasons open 
and close according to State regulations. The refuge has designated 
opened and closed areas for deer hunting.
    2. We close the refuge to the State special youth deer hunting 
season.
    3. We prohibit driving vehicles on refuge roads while hunting or to 
access hunting areas. All hunters must park at the refuge boundary and 
walk in. Hunters may use designated refuge roads to retrieve downed 
deer.
    4. Hunters must only use portable tree stands that they install and 
remove (see Sec. 27.93 of this chapter) each day. We prohibit permanent 
tree stands.
    5. We prohibit hunting on all refuge islands.
    D. Sport Fishing. We allow ice fishing on the refuge in accordance 
with State regulations subject to the following conditions:
    1. The refuge ice fishing season opens when ice is present and 
closes on March 31.
    2. We restrict vehicle use to refuge roads and designated ice access 
points (see Sec. 27.31 of this chapter).

[[Page 382]]

                   Audubon Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas and Wildlife Development Areas throughout 
the District in accordance with State regulations subject to the 
following condition: You must remove boats, decoys, portable blinds, 
other personal property, and any materials brought onto the area for 
blind construction by the end of each day (see Sec. Sec. 27.93 and 
27.94 of this chapter). We prohibit bringing any type of live or dead 
vegetation onto the refuge for any purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas and Wildlife Development Areas throughout the District in 
accordance with State regulations subject to the following condition: 
You must remove boats, motor vehicles, fishing equipment, and other 
personal property (excluding ice houses) by the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).

                   Chase Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow deer hunting on the refuge in 
accordance with State regulations subject to the following conditions:
    1. We prohibit deer hunting until the start of the State deer gun 
season.
    2. We prohibit the use of horses for any purpose.
    3. Hunters may only enter the refuge on foot.
    D. Sport Fishing. [Reserved]

                 Chase Lake Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas and Wildlife Development Areas throughout 
the District in accordance with State regulations subject to the 
following condition: You must remove boats, decoys, portable blinds, 
other personal property, and any materials brought onto the area for 
blind construction by the end of each day (see Sec. Sec. 27.93 and 
27.94 of this chapter). We prohibit bringing any type of live or dead 
vegetation onto the refuge for any purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas and Wildlife Development Areas throughout the District in 
accordance with State regulations subject to the following condition: 
You must remove boats, motor vehicles, fishing equipment, and other 
personal property (excluding ice houses) by the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).

                   Crosby Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                    Des Lacs National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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:

[[Page 383]]

    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]

                 Devils Lake Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas and Wildlife Development Areas throughout 
the District in accordance with State regulations subject to the 
following conditions:
    1. We prohibit hunting on Lambs Lake Waterfowl Production Area in 
Nelson County; Pleasant Lake Waterfowl Production Area in Benson County; 
and Hart, Nelson, Little Goose, and Vold Waterfowl Production Areas in 
Grand Forks County.
    2. We prohibit hunting on portions of Kellys Slough Waterfowl 
Production Area in Grand Forks County, as posted.
    3. You must remove boats, motor vehicles, fishing equipment, and 
other personal property (excluding ice houses) by the end of each day 
(see Sec. Sec. 27.93 and 27.94 of this chapter).
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 and A2 apply.
    2. We prohibit the use of horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following 
conditions: Conditions A1, A2, and B2 apply.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas and Wildlife Development Areas throughout the District in 
accordance with State regulations subject to the following conditions:
    1. We prohibit fishing on Hart, Nelson, Vold, and Kellys Slough 
Waterfowl Production Areas in Grand Forks County.
    2. You must remove boats, motor vehicles, fishing equipment, and 
other personal property (excluding ice houses) by the end of each day 
(see Sec. Sec. 27.93 and 27.94 of this chapter).

                J. Clark Salyer National Wildlife Refuge

    A. Hunting Migratory Game Birds. We allow hunting of goose, duck, 
and coot on nine designated Public Hunting Areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We open the refuge daily from 5 a.m. to 10 p.m.
    2. We allow waterfowl retrieval without a firearm within 100 yards 
(90 m) of the interior boundary of Public Hunting Areas and within 100 
yards (90 m) of the exterior refuge boundary.
    B. Upland Game Hunting. We allow hunting of grouse, partridge, 
turkey, pheasant, and fox on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We open the refuge daily from 5 a.m. to 10 p.m.
    2. We allow hunting for sharp-tailed grouse, partridge, and pheasant 
on nine designated Public Hunting Areas.
    3. We allow hunting for sharp-tailed grouse, partridge, ruffed 
grouse, and turkey south of the Upham-Willow City Road.
    4. We open to hunting annually for sharp-tailed grouse, partridge, 
and pheasant on the remainder of the refuge, except the closed area 
around the refuge headquarters, on the day following the close of the 
firearm deer season and close as per the State seasons.
    5. Fox hunting opens annually on the day following the close of the 
firearm deer season and closes March 31. We allow hunting from \1/2\ 
hour before legal sunrise until \1/2\ hour after legal sunset.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We open the refuge daily from 5 a.m. to 10 p.m.
    2. We open the entire refuge, except the closed area around the 
refuge headquarters, for hunting during the State's youth, muzzleloader, 
and archery seasons.
    3. We open nine Public Hunting Areas on the refuge for deer hunting 
during the regular firearms season without a refuge permit.
    4. You must possess and carry a refuge permit to hunt on the refuge 
outside the nine Public Hunting Areas during the regular firearms 
season.

[[Page 384]]

    5. Hunters must remove blinds and stands (see Sec. 27.93 of this 
chapter) daily.
    D. Sport Fishing. We allow fishing on 14 designated areas (listed 
below) of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We open the refuge daily from 5 a.m. to 10 p.m.
    2. We open all refuge waters to ice fishing between December 15 and 
the end of the State fishing season.
    3. We only allow boat fishing in designated areas.
    4. We close to boat fishing the last Friday of September.
    5. We only allow nonmotorized boats or boats with electric motors.
    6. We allow fishing at the following locations:
    i. Nelson Bridge, from both banks downstream (northwest) \1/4\ mile 
(.4 km) and upstream (south) to the refuge boundary;
    ii. Souris River--Scenic Canoe Route, from both banks and boats, 100 
feet upstream (30 m) (east) from Johnson Bridge and downstream 
(northwest) 13 miles (20.8 km) to the end of the Canoe Route at Dam 1, 
including Sandhills Slough;
    iii. Dam 1, on the north bank downstream (west) 100 yards (90 m). We 
prohibit entry to or fishing from the dam;
    iv. Dam 2, from both banks 50 feet (15 m) downstream from the water 
control structure;
    v. Dam 320, from the bank starting 300 feet (90 m) east of the dam 
for \1/4\ mile (.4 km) upstream (east);
    vi. Old Freeman Bridge, from both banks or boat, downstream (west) 1 
\1/2\ mile (2.4 km) from Dam 320;
    vii. Cutbank Culvert on Highway 14, from the highway right-of-way 50 
feet (15 m) either side of the culvert;
    viii. Highway 14 Bridge, from both banks \1/4\ mile (.4 km) 
downstream (north) and \1/4\ mile (.4 km) upstream (south) from the 
bridge;
    ix. Russell-Kramer Road, from both banks or boat, upstream (south) 
200 feet (60 km) from the bridge and downstream (north) from the bridge 
to the Soo Line railroad bridge;
    x. Newburg Road, from the road right-of-way 100 feet (30 km) on 
either side of the bridge;
    xi. Scheflo Bridge, from the road right-of way on either side of the 
bridge and upstream (south) on the east bank to the downstream (north) 
side of the water control structure;
    xii. Highway 5, from the highway right-of way 100 feet (30 km) on 
either side of the bridge;
    xiii. Westhope-Landa Road, from the road right-of-way 150 feet (45 
km) on either side of the bridge, or from a boat downstream (north) 2 
miles (3.2 km) from the road; and
    xiv. Below Dam 357, from both banks or boat on all waters downstream 
(north) of the dam to the Canadian border.

               J. Clark Salyer Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                    Kulm Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas and Wildlife Development Areas throughout 
the District in accordance with State regulations subject to the 
following condition: You must remove boats, decoys, portable blinds, 
other personal property, and any materials brought onto the area for 
blind construction by the end of each day (see Sec. Sec. 27.93 and 
27.94 of this chapter). We prohibit bringing any type of live or dead 
vegetation onto the refuge for any purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.

[[Page 385]]

    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas and Wildlife Development Areas throughout the District in 
accordance with State regulations subject to the following condition: 
You must remove boats, motor vehicles, fishing equipment, and other 
personal property (excluding ice houses) by the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).

                   Lake Alice National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions;
    1. Refer to the refuge hunting map for designated hunting areas and 
information on hunting in specific zones.
    2. We prohibit the use of motorized (gas and electric) boats.
    3. We prohibit shooting from, on, or across any refuge road.
    4. You must remove all boats, decoys, portable blinds, other 
personal property, and any materials brought onto the refuge for blind 
construction by the end of each day (see Sec. Sec. 27.93 and 27.94 of 
this chapter).
    5. We prohibit pit blinds.
    6. We prohibit retrieval of waterfowl in the Archery Only or Deer 
and Late Season Pheasant areas; refer to refuge hunting map for 
information on hunting in specific zones.
    B. Upland Game Hunting. We allow hunting of ring-necked pheasants, 
sharp-tailed grouse, gray partridge, cottontail rabbit, jackrabbit, 
snowshoe hare, and fox on designated areas of the refuge in accordance 
with State regulations subject to the following condition: Refer to the 
refuge hunting map for designated hunting areas and restrictions.
    C. Big Game Hunting. We allow deer and fox hunting on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Condition A1 applies.
    2. We allow archery hunting on designated areas of the refuge only; 
refer to the refuge hunting map for information on hunting in specific 
zones.
    3. We prohibit the use of horses for any purpose.
    4. We prohibit trapping, baiting, and spotlighting.
    5. We prohibit permanent tree stands. We allow portable tree stands 
that hunters must remove from the refuge by the end of each day (see 
Sec. 27.93 of this chapter). We prohibit the use of screw-in tree steps 
or similar objects that may damage trees (see Sec. 32.2(i)).
    D. Sport Fishing. [Reserved]

                    Lake Ilo National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    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 regulations subject to the following 
conditions:
    1. We open the refuge all year for fishing from legal sunrise to 
legal sunset. The refuge has designated open and closed areas for 
fishing.
    2. We open the refuge to boating from May 1 through September 30.
    3. We open the refuge to ice fishing from October 1 through March 
31.
    4. We restrict vehicle use to refuge roads, designated boat ramps, 
and ice access points (see Sec. 27.31 of this chapter).
    5. We prohibit fishing and public use on refuge islands and concrete 
dam spillways.

                  Lake Nettie National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 in accordance with State regulations 
subject to the following conditions:
    1. We open portions of the refuge to gun, muzzleloader, bow, and the 
special youth deer hunting seasons according to State regulations. The 
refuge has designated open and closed areas for deer hunting.
    2. We close all refuge roads to vehicle use for hunting and 
retrieval of deer. Hunters must park vehicles at the refuge boundary and 
walk in.
    3. Hunters may walk in to retrieve deer in areas marked with no 
hunting zone signs. We prohibit firearms while retrieving deer from 
these areas.
    4. Hunters must only use portable tree stands that they install and 
remove (see Sec. 27.93 of this chapter) each day. We prohibit permanent 
tree stands.
    D. Sport Fishing. [Reserved]

                   Lake Zahl National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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.
    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:

[[Page 386]]

    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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of ring-necked pheasant, 
sharp-tailed grouse, and grey partridge on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    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.
    3. We close to upland game hunting those areas marked with yellow 
closed to hunting signs.
    4. We prohibit hunters and dogs from entering closed areas to 
retrieve game.
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. Hunters must only enter the refuge on foot.
    2. We allow archery hunting. We restrict open archery areas to those 
areas of the refuge open to firearms during the firearm season.
    3. We close to deer hunting during the firearm deer season those 
areas marked with yellow closed to hunting signs. We also close this 
area to muzzleloader hunters during muzzleloader season.
    4. We prohibit hunters entering closed areas to retrieve game.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We restrict bank fishing to public use areas on Unit 1 and Long 
Lake Creek.
    2. We restrict boat fishing to Long Lake Creek.
    3. We restrict boats to 25 hp 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.
    6. We prohibit motorized vehicles on ice (see Sec. 27.31 of this 
chapter).
    7. We only allow fishing from legal sunrise to legal sunset.
    8. Anglers must park vehicles in designated parking areas.

                  Long Lake Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas and Wildlife Development Areas throughout 
the District in accordance with State regulations subject to the 
following condition: You must remove boats, decoys, portable blinds, 
other personal property, and any materials brought onto the area for 
blind construction by the end of each day (see Sec. Sec. 27.93 and 
27.94 of this chapter). We prohibit bringing any type of live or dead 
vegetation onto the refuge for any purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas and Wildlife Development Areas throughout the District in 
accordance with State regulations subject to the following condition: 
You must remove boats, motor vehicles, fishing equipment, and other 
personal property (excluding ice houses) by the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).

                    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]

[[Page 387]]

                  Lostwood Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                  Sibley Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer in accordance with 
State regulations subject to the following condition: Hunters must only 
enter the refuge on foot.
    D. Sport Fishing. [Reserved]

                  Stewart Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow ice or shore fishing in accordance with 
State regulations subject to the following condition: We restrict 
vehicle use to the refuge road (see Sec. 27.31 of this chapter).

                    Tewaukon National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow ring-necked pheasant hunting on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. The season opens on the first Monday following the close of the 
State deer gun season and continues through the close of the State 
pheasant season.
    2. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    C. Big Game Hunting. We allow deer bow hunting on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. The season closes September 30 and reopens the Friday following 
the close of the State gun deer season and continues through the end of 
the State archery deer season.
    2. We allow deer gun hunting by refuge permit holders on designated 
areas of the refuge in accordance with State regulations.
    3. We allow youth deer hunting on designated areas of the refuge in 
accordance with State regulations.
    D. Sport Fishing. We allow sport fishing on designated waters 
(Tewaukon and Sprague Lakes only) in accordance with State regulations.

                  Tewaukon Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas and Wildlife Development Areas throughout 
the District in accordance with State regulations subject to the 
following condition: You must remove boats, decoys, portable blinds, 
other personal property, and any materials brought onto the area for 
blind construction by the end of each day (see Sec. Sec. 27.93 and 
27.94 of this chapter). We prohibit bringing any type of live or dead 
vegetation onto the refuge for any purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas and Wildlife Development Areas throughout the District 
in accordance with State regulations subject to the following condition: 
We prohibit the use of horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas and Wildlife Development Areas throughout the District in 
accordance with State regulations subject to the following condition: 
You must remove boats, motor vehicles, fishing equipment, and other 
personal property (excluding ice houses) by the end of each day (see 
Sec. Sec. 27.93 and 27.94 of this chapter).

[[Page 388]]

                  Upper Souris National Wildlife Refuge

    A. Hunting of Migratory Birds. [Reserved]
    B. Upland Game Hunting. We allow hunting of sharp-tailed grouse, 
Hungarian partridge, and pheasant on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You may use dogs to hunt.
    2. We require hunters, and nonhunters accompanying hunters, to wear 
the State-required, legal-orange clothing when hunting game birds during 
the deer gun season.
    3. We open for hunting on Unit I during the North Dakota State 
hunting seasons. Unit I includes all refuge land north of the township 
road that runs east of Tolley, across Dam 41 (Carter Dam), and east to 
State Route 28.
    4. We open for hunting on Unit II during the State hunting seasons, 
except we close from the first day of the regular State waterfowl season 
through the last day of State deer rifle season. Unit II includes refuge 
land between Lake Darling Dam and the township road that runs east of 
Tolley.
    5. We close land south of Lake Darling Dam to all upland game bird 
hunting.
    6. We prohibit hunting on the area surrounding the refuge 
headquarters buildings and residences. We post these areas with ``Closed 
to Hunting'' signs.
    7. We prohibit remaining on the refuge between the hours of 10 p.m. 
and 5 a.m.
    8. We prohibit weapons (see Sec. 27.42(b) of this chapter) in 
boats, canoes, float tubes, or any other floatable object.
    9. We prohibit the use of snowmobiles, all-terrain vehicles (ATVs) 
or similar vehicles on the refuge (see Sec. 27.31(f) of this chapter).
    10. We prohibit the use of horses during all hunting seasons.
    C. Big Game Hunting. We allow archery, gun, and muzzleloader hunting 
of deer on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B7 through B10 apply.
    2. You must possess and carry a State deer bow permit to hunt deer 
on the refuge during the State deer bow season.
    3. You must possess and carry a special State-issued refuge permit 
for State deer gun hunting in Unit IIIA2 to hunt deer on the refuge 
during the State deer gun season.
    4. You must possess and carry a State muzzleloader deer permit to 
hunt deer on the refuge during the State muzzleloader season.
    5. We only allow preseason scouting in open public use areas and 
areas marked ``foot traffic only.''
    6. We require hunters to walk in to hunt.
    7. You must remove your harvested deer only by carrying, dragging, 
or using a hand-pulled cart or sled.
    8. You may use portable tree stands but must remove them (see Sec. 
27.93 of this chapter) daily from the refuge.
    9. We prohibit the use of flagging, paint, blazes, tacks, or other 
types of markers.
    10. You may only use strap-on steps or removable climbing ladders if 
needed to access portable tree stands (see Sec. 32.2(i)).
    11. You may hunt all of the refuge with the exception of the 
following areas: the area surrounding the refuge headquarters buildings, 
Office/Visitor Center, residences, fenced equipment yard, and gun range. 
We post these areas with ``No Trespassing'' or ``Closed to Hunting'' 
signs.
    12. We prohibit entry to the refuge before 12 p.m. (noon) on the 
first day of the bow, gun, or muzzleloader deer hunting seasons. 
However, bow hunters may hunt on the refuge any time the State bow 
season is open.
    13. Youth deer hunters (14 years of age) may hunt on the refuge if 
they register at the refuge office prior to hunting during the State 
Youth Deer Season. An adult or guardian age 18 or older must accompany 
youth hunters.
    14. You may not return to the refuge with a weapon after you have 
filled your deer tag; however, you may carry a shotgun while hunting 
upland game birds in open hunting units.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. Conditions B7 and B9 apply.
    2. We allow use of fishing boats, canoes, and float tubes in 
designated boat fishing areas (see below) on Lake Darling for fishing 
from May 1 through September 30.
    3. You may bank fish in designated areas (see below) whenever there 
is open water.
    4. We prohibit the use of bow, spear, or underwater spearing 
equipment to take fish.
    5. We prohibit fishing or access to fishing areas along the Prairie-
Marsh Scenic Drive.
    6. We prohibit swimming, sailing, water skiing, pleasure boating, 
and overnight camping.
    7. You may ice fish on all ice-covered waters of the Souris River 
and Lake Darling; however, we designate access sites where you can walk 
or drive onto the ice (see below).
    8. We allow you to drive licensed cars and pickups on the ice from 
Lake Darling Dam north to Carter Dam (Dam 41) for ice fishing.
    9. We allow walk-in access at designated sites (see below) on the 
Souris River north of Carter Dam (Dam 41) and south of Lake Darling Dam 
for ice fishing. We prohibit vehicles to drive onto the ice in these 
areas (see Sec. 27.31 of this chapter).
    10. We allow you to place fish houses on the ice of Lake Darling.
    11. We prohibit use of campers or other structures not made of 
floatable materials as fish houses. We require that all fish houses

[[Page 389]]

must be able to float above the water surface until they are removed 
from the water. We require that anglers remove fish houses or parts 
thereof from the refuge ice, water, and land by no later than 10 p.m. 
March 15. We prohibit ice houses or parts thereof to be cut off and left 
or burned on the refuge.
    12. We allow anglers to place portable fish houses on the Souris 
River north of Carter Dam (Dam 41) and south of Lake Darling Dam for ice 
fishing, and you must remove them (see Sec. 27.93 of this chapter) 
daily from the refuge.
    13. We designate the following fishing sites and lake and river 
access sites:
    i. BAKER BRIDGE--We allow bank fishing on a loop of the Souris River 
located on the north side of County Road 8. The open area begins at the 
bridge and goes west to a point where the river meets the refuge 
boundary fence. You may walk onto the ice from this area for ice 
fishing.
    ii. SILVER BRIDGE--We allow bank fishing from the road right-of-way 
around the bridge abutments. You may walk onto the ice from this area 
for ice fishing.
    iii. OUTLET FISHING AREA --Bank fishing begins \1/4\ mile (.4 km) 
below Lake Darling Dam and extends south approximately 600 yards (540 
m). We prohibit open water fishing on the Beaver Lodge Canoe Trail or on 
the Oxbow Nature Trail (southeast of the parking lot). You may walk onto 
the ice for ice fishing from the Outlet Fishing Area and from the Beaver 
Lodge Canoe Trail launch site for ice fishing.
    iv. LANDINGS 1, 2, and 3 on LAKE DARLING--We open the lake to boat 
fishing from Lake Darling Dam north 3 miles (4.8 km) to the buoy line. 
We allow you to launch boats at Landings 1, 2, and 3 boat ramps. We only 
allow driving access onto the ice at Landings 1, 2, and 3 boat ramps for 
ice fishing. You may bank fish along the west shore from Lake Darling 
Dam north approximately 1 \1/4\ miles (2 km) to Landing 3. The Pullout 
Area on the west end of Lake Darling Dam is the only bank fishing area 
open on Lake Darling Dam. You may walk onto the ice from the bank 
fishing area and from Lake Darling Dam for ice fishing.
    v. SPILLWAY FISHING AREA on LAKE DARLING--We prohibit entry to this 
area if signs ``Area Beyond This Sign Closed'' are present. If the area 
is open, you may walk onto the ice for ice fishing. We prohibit driving 
vehicles onto the ice from this area (see Sec. 27.31 of this chapter).
    vi. GRANO CROSSING on LAKE DARLING `` You may bank fish from the 
road right-of-way on both sides of the crossing and within the 
boundaries of the Grano Boat Ramp. You may fish from boats on the lake 
north from Grano Crossing to Greene Crossing. We allow launching of 
boats at the Grano Boat Ramp. We prohibit operating a boat above idle 
speed in the boat ramp bay area. You may walk onto the ice from Grano 
Crossing and the Grano Boat Ramp for ice fishing. We allow driving 
access onto the ice at two vehicle road approaches located on the west 
end of the Grano Crossing (see Sec. 27.31 of this chapter).
    vii. GREENE CROSSING on LAKE DARLING--You may bank fish from the 
road right-of-way on both sides of the crossing and the Greene Boat Ramp 
area. You may fish from boats on the lake south from Greene Crossing to 
Grano Crossing. We allow launching of boats at the Greene Boat Ramp. You 
may walk onto the ice from these areas for ice fishing. We allow driving 
access onto the ice at two vehicle road approaches located on the west 
end of the Greene Crossing and at the Greene Boat Ramp (see Sec. 27.31 
of this chapter).
    viii. CARTER DAM (DAM 41)--You may bank fish on both sides of the 
road near the water control structure (east end of the dam) and culvert 
(west end of the spillway). You may walk onto the ice for ice fishing.
    ix. HIGHWAY 5--You may bank fish on the north side of the road from 
the bridge west to a point where the road meets the river. You may walk 
onto the ice for ice fishing on the north and south sides of the highway 
where the ice meets the highway right-of-way.
    x. SOURIS RIVER NORTH OF MOUSE RIVER PARK TO THE NORTH END OF THE 
REFUGE--We allow boat fishing and canoeing. There is a boat launching 
ramp at the Park. You may walk onto the ice from Mouse River Park for 
ice fishing.
    xi. SWENSON BRIDGE--You may bank fish from the road right-of-way. 
You may walk onto the ice from this area for ice fishing.

                 Valley City Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following

[[Page 390]]

condition: We prohibit the use of horses for any purpose.
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

[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; 69 FR 54362, 54440, Sept. 8, 2004; 70 FR 54185, Sept. 13, 
2005]



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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of goose and duck 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must possess and carry a refuge permit. All hunters must 
check-in and out at the hunter check station.
    2. We require that hunting stop at 12 p.m. (noon) each day.
    3. We require that hunters hunt within 75 yards (67.5 m) of the 
assigned blind.
    4. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) while in the field in quantities of 25 or less.
    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 
subject to the following conditions:
    1. You must possess and carry a refuge permit.
    2. We require that hunters check out at the refuge check station no 
later than 6 p.m.
    3. Hunters must check all deer harvested at the refuge check 
station.
    4. We require that hunters wear a hat and outer jacket/vest that is 
blaze orange.
    5. We require that hunters remain within their assigned unit.
    6. We prohibit possession of more than one hunting weapon while in 
the field.
    7. We prohibit the construction or use of permanent blinds or tree 
stands.
    8. We require that hunters obtain permission from refuge officials 
before tracking a wounded deer out of their assigned hunting unit.
    9. We prohibit shooting from any road.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing from legal sunrise to legal sunset during 
designated dates.
    2. We prohibit 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; 69 FR 54362, 54444, 
Sept. 8, 2004]



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. Migratory Game Bird Hunting. We allow hunting of duck in 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. You must possess and carry a signed refuge permit. We require no 
fee.
    2. We prohibit taking of goose during the duck hunt.
    3. Species and bag limits are in accordance with State regulations.
    4. We allow duck hunting on Fridays, Saturdays, Sundays, and 
Mondays, from \1/2\ hour before legal sunrise until 1 p.m. Refer to the 
refuge hunting brochure for opening and closing dates.
    5. You may only use portable blinds. You must remove blinds, decoys, 
and all personal equipment (see Sec. 27.93 of this chapter) daily.
    6. We prohibit off-road vehicle use (see Sec. 27.31 of this 
chapter).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
turkey, and raccoon in designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge permit. We require no 
fee.
    2. We only allow shotguns and .22 caliber rimfire rifles for rabbit 
and squirrel. We only allow special archery hunts by refuge Special Use 
Permit.

[[Page 391]]

    3. Raccoon hunting only: Hunt hours are legal sunset to legal 
sunrise only. State firearm restrictions apply.
    4. We publish opening and closing dates in the Refuge Hunt Brochure.
    5. We allow dogs for hunting squirrel, rabbit, and raccoon, but you 
must remove the dogs from the refuge at the end of the hunt (see Sec. 
26.21(b) of this chapter).
    6. We offer refuge-controlled turkey hunts. You may call the refuge 
office or the State for information concerning these hunts.
    7. Turkey hunters must check-in and out at a refuge check station. 
Refuge staff provide a hunter briefing as part of the check-in.
    8. We prohibit the construction or use of permanent blinds during 
turkey hunts.
    9. We prohibit off-road vehicle use (see Sec. 27.31 of this 
chapter).
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. You must possess and carry a refuge permit.
    2. We offer refuge-controlled deer hunts (archery, primitive, youth 
primitive). For information concerning these hunts, contact the refuge 
office or the State.
    3. We will offer a limited archery season deer hunt following the 
controlled deer hunt. Contact the refuge office for more information.
    4. You may hunt feral hog during any established refuge hunting 
season. Refuge permits and legal weapons apply for the current hunting 
season.
    5. We prohibit scouting when we are conducting controlled deer 
hunts.
    6. You may use tree stands, but you must remove them (see Sec. 
27.93 of this chapter) immediately following the end of the hunt season.
    7. We prohibit off-road vehicle use (see Sec. 27.31 of this 
chapter).
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. A fishing brochure with a map is available from the refuge 
office. We identify parking areas and open and closed areas on the map.
    2. We prohibit the possession of firearms.
    3. We allow year-round fishing on the Deep Fork River. We allow 
fishing from March 1 through October 31 on sloughs, farm ponds, and 
impoundments not connected to the river.
    4. Game fish species and creel/possession limits are in accordance 
with State regulations.
    5. We allow bowfishing on the refuge from legal sunrise to legal 
sunset from May 15 through September 30.
    6. We prohibit snagging and netting.
    7. We only allow trotlines, juglines, limblines, and yo-yos in the 
Deep Fork River and prohibit them in any other areas on the refuge. 
Anglers must mark lines and attend and remove them (see Sec. 27.93 of 
this chapter) in accordance with State regulations.
    8. We allow noodling in accordance with State fishing regulations.
    9. We prohibit the taking of turtle and mussel (see Sec. 27.21 of 
this chapter).

                  Little River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit off-road vehicle use (see Sec. 27.31 of this 
chapter).
    2. We prohibit building and use of permanent blinds. You may only 
use portable blinds. You must remove blinds, decoys, and all personal 
equipment from the refuge daily (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    3. You may hunt from \1/2\ hour before legal sunrise until 12 p.m. 
(noon) each day.
    4. You must possess and carry a signed refuge permit while hunting.
    5. You may only hunt duck during designated refuge seasons.
    6. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, 
turkey, beaver, and raccoon on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Turkey hunters using firearms (see Sec. 27.42 of this chapter) 
must pay fees and obtain a controlled hunt permit through the State.
    2. Conditions A1 and A4 apply.
    3. You may only hunt upland game during designated refuge seasons.
    4. Shotgun hunters may only possess approved nontoxic shot while in 
the field (see Sec. 32.2(k)).
    5. You may hunt beaver during any established refuge hunting season. 
Refuge permits and legal weapons apply for the current hunting season.
    C. Big Game Hunting. We allow hunting of deer and feral hog on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Deer hunters using firearms (see Sec. 27.42 of this chapter) 
must pay fees and obtain a controlled hunt permit through the State.
    2. Condition A1 applies.
    3. You may hunt feral hog during any established refuge hunting 
season. Refuge permits and legal weapons apply for the current hunting 
season.
    4. Deer archery hunters must possess and carry a signed refuge 
permit while hunting.
    5. You may only hunt big game during designated refuge seasons.

[[Page 392]]

    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing from legal sunrise to legal sunset.
    2. Condition A1 applies.

                     Optima National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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.
    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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
sandhill crane, and mourning dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    2. We require hunters to check-in and out of the refuge.
    3. Hunting begins \1/2\ hour before legal sunrise and ends at 12 
p.m. (noon).
    4. We prohibit hunting during the regular State rifle deer season on 
Saturdays, Sundays, and Mondays.
    B. Upland Game Hunting. We allow hunting of quail and pheasant on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 through A4 apply.
    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. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We close designated areas of the Great Salt Plains Reservoir.
    2. We allow fishing from April 1 through October 15.
    3. We prohibit trotlines within 500 feet (150 m) of the shoreline of 
the Jet Recreation Area.
    4. Posts used to secure or anchor trotlines must reach a minimum of 
2 feet (30 cm) above the water surface, and you must mark them to make 
them clearly visible to boaters.
    5. We prohibit the taking of any type of bait from refuge lands or 
waters.
    6. We only allow fishing on Bonham Pond: By youths age 14 and under 
or by any person with a disability, only from legal sunrise to legal 
sunset, and with a limit of one pole per person.

                    Sequoyah National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
dove, coot, snipe, and woodcock on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require a free annual refuge permit for all hunting. The 
hunter must possess and carry the signed permit while hunting.
    2. We only open the refuge to hunting on Saturdays, Sundays, 
Mondays, and Tuesdays. Hunters may only enter the open portion of Sally 
Jones Lake by boat after 5 a.m. and must leave by 1 hour after legal 
sunset. We generally designate open hunting areas as: Area A--Sandtown 
Bottom, Area B--Webber Bottom, and Area C--Girty Bottom. We prohibit 
hunting or shooting within 50 feet (15 meters) of designated roads or 
parking areas. All hunters must park in designated parking areas.
    3. Season lengths and bag limits will be in accordance with State 
regulations with the exception that all hunting, except for the 
conservation light goose season, will close on January 31 of each year. 
If a conservation light goose season is in effect, it will follow State 
regulations with the exception of special refuge regulations and hunting 
days.
    4. We only allow legal shotguns. You must unload and case shotguns 
(see Sec. 27.42(b) of this chapter) while transporting them in a 
vehicle or boat.
    5. We prohibit construction of pit blinds or permanent blinds. You 
must reduce blinds to a natural appearance or remove them (see Sec. 
27.93 of this chapter) at the end of the day. You must remove all empty 
shells, litter, decoys, boats, or other personal property (see 
Sec. Sec. 27.93 and 27.94 of this chapter) at the end of the day. We 
prohibit camping in boats or otherwise spending the night on any area of 
the refuge.
    6. We allow boats, and you must operate them under applicable State 
laws and comply with all licensing and marking regulations from their 
State of origin.
    7. We allow the use of dogs for hunting, but the dogs must remain 
under the immediate control of the hunter at all times (see Sec. 
26.21(b) of this chapter). We prohibit entry by hunters or dogs to 
closed areas to retrieve or rally game.

[[Page 393]]

    8. We prohibit guiding or outfitting for commercial purposes.
    9. We restrict the use of airboats within the refuge boundary to the 
navigation channel and the designated hunting areas from September 1 to 
March 1.
    10. We prohibit hunters entering the Sandtown Bottom Unit prior to 5 
a.m. during hunting season. Hunters must leave the Sandtown Bottom Unit 
by 1 hour after legal sunset during hunting season.
    B. Upland Game Hunting. We allow hunting of squirrel, quail, and 
rabbit on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A7, A8, and A9 apply.
    2. We only open the refuge to hunting on Saturdays, Sundays, 
Mondays, and Tuesdays. We generally designate open areas as: Area A--
Sandtown Bottom, Area B--Webber Bottom, and Area C--Girty Bottom. We 
prohibit hunting or shooting within 50 feet (15 meters) of designated 
roads or parking areas. All hunters must park in designated parking 
areas.
    3. Season lengths and bag limits will be in accordance with State 
regulations with the exception that all upland game hunting will close 
on January 31 of each year.
    4. We only allow legal shotguns and approved nontoxic shot (see 
Sec. 32.2(k)). You must plug shotguns so they are incapable of holding 
more than three shells. You must unload and case shotguns (see Sec. 
27.42(b) of this chapter) while transporting them by vehicle or boat.
    5. We require upland game hunters to follow State blaze-orange 
regulations.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Hunters must possess and carry a refuge-controlled hunt permit, 
and comply with the designated refuge season, hunting methods, and 
location guidelines for that year.
    2. Hunters must apply to the State-controlled deer hunt drawing 
administered by the Oklahoma Department of Wildlife Conservation for 
selection. We require those hunters to attend a prehunt briefing, and 
they must follow all applicable State regulations.
    3. We require payment of State and Federal special deer hunting 
fees.
    4. Condition A9 applies.
    D. Sport Fishing. We allow fishing and frogging on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Fishing and frogging will follow State seasons, limits, and 
regulations with the exception that from September 1 to March 31 we 
prohibit fishing or frogging in the closed zone south of refuge 
headquarters, as designated by buoys and signs. We close the Horton 
Slough area south of the refuge headquarters to fishing and entry east 
to the confluence of Little Vian Creek.
    2. We prohibit boating on the closed portion of Sally Jones Lake 
from September 1 to March 31.
    3. You must remove trotlines (see Sec. 27.93 of this chapter) from 
the closed zone before September 1.
    4. Conditions A6 (boats used for fishing), A8, and A9 apply.
    5. We prohibit the possession of any firearms or bows with arrows 
while frogging.

                   Tishomingo National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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.

[[Page 394]]

    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. Migratory Game Bird Hunting. We allow hunting of duck, goose, and 
sandhill crane on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. We require permits and payment of a fee to hunt goose and 
sandhill crane.
    2. Goose and sandhill crane hunters must hunt from designated pit 
blinds.
    3. We allow youth hunters, ages 12 to 16, to hunt duck in a 
controlled youth hunt in conjunction with a waterfowl seminar.
    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. 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).
    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. Migratory Game Bird Hunting. [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

[[Page 395]]

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; 69 FR 
54362, 54445, Sept. 8, 2004; 70 FR 54188, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and snipe on that portion of the refuge west of U.S. Highway 101 
and outside the Bandon city limits, in accordance with State regulations 
subject to the following conditions;
    1. You may only use portable blinds or blinds constructed of on-site 
dead vegetation (see Sec. 27.51 of this chapter) or driftwood.
    2. You must remove all blinds, decoys, shotshell hulls, and other 
personal equipment and refuse (see Sec. Sec. 27.93 and 27.94 of this 
chapter) from the refuge at the end of each day.
    3. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow sport fishing in accordance with State 
regulations, on that portion of the refuge west of U.S. Highway 101.

                  Bear Valley National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, dove, and common snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We only allow hunting on Tuesdays, Thursdays, Saturdays, Sundays, 
Thanksgiving Day, Christmas Day, and New Year's Day.
    2. We open the refuge from 5 a.m. until 1\1/2\ hours after legal 
sunset.
    3. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) per day on the refuge in quantities of 25 or less.
    4. We only allow vehicles on designated routes of travel and require 
hunters to park in designated parking areas (see Sec. 27.31 of this 
chapter). We reserve parking lot F solely for Memorial Marsh Unit 
waterfowl hunters.
    5. We require waterfowl hunting parties to space themselves a 
minimum of 200 yards (180 m) apart in the free-roam area along the 
reservoir shoreline.
    6. We only allow portable blinds and temporary blinds constructed of 
natural materials.
    7. We only allow nonmotorized boats and boats with electric motors 
within that portion of reservoir open to hunting.
    8. On the Memorial Marsh Unit, we only allow hunting from numbered 
field blind sites, and hunters must only park their vehicles at the 
numbered post corresponding to the numbered field blind site they are 
using (see Sec. 27.31 of this chapter). Selection of parking sites/
numbered posts is on a first-come, first-served basis at parking lot F. 
We prohibit free-roam hunting or jump shooting, and you must remain 
within 100 feet (30 m) of the numbered field blind post unless 
retrieving birds or setting decoys. We allow a maximum of four persons 
per blind site.
    9. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. We allow hunting of pheasant, chukar, 
Hungarian partridge, and quail on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We only allow hunting on Tuesdays, Thursdays, Saturdays, Sundays, 
Thanksgiving Day, and Christmas Day.
    2. We prohibit hunting of upland game birds until 12 p.m. (noon) of 
each hunt 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. We do not allow hunting of upland game birds until noon of each 
hunt day.
    6. Condition A9 applies.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. In the Cold Springs Reservoir, we only allow fishing from March 1 
through September 30.
    2. On the south side of the reservoir, we only allow bank fishing.
    3. We only allow use of nonmotorized boats and boats with electric 
motors.

[[Page 396]]

    4. From October 1 through the last day of February, we only allow 
bank fishing, and only in the area beginning at the west inlet canal, 
north across the face of the dam to the closed area sign.
    5. We only allow fishing with hook and line.
    6. The refuge is open from 5 a.m. to 1\1/2\ hours after legal 
sunset.

                   Deer Flat National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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 Antelope Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of chukar only on the 
western slopes of Hart Mountain and Poker Jim Ridge in accordance with 
State regulations.
    C. Big Game Hunting. We allow hunting of deer, antelope, and bighorn 
sheep on the refuge in areas designated by permit issued from the State 
in accordance with State regulations subject to the following 
conditions:
    1. We allow ground blinds, but we prohibit construction of them 
earlier than 1 week prior to the opening day of the legal season for 
which you have a valid permit.
    2. You must remove blinds (see Sec. 27.93 of this chapter) within 
24 hours of harvesting an animal or at the end of the permittee's legal 
season.
    3. We limit hunters to one blind each, and you must tag blinds with 
the owner's name and permit number.
    4. We prohibit destruction of natural vegetation (see Sec. 27.51 of 
this chapter) or below-ground excavation.
    5. We require hunters to check-in at the refuge headquarters prior 
to hunting on the refuge and check out at the refuge headquarters upon 
completion of the hunt.
    6. We prohibit hunting within 3 miles (4.8 km) of the refuge 
headquarters.
    D. Sport Fishing. We allow fishing on the refuge only in Rock Creek, 
Guano Creek, and Warner Pond in accordance with State regulations.

     Julia Butler Hansen Refuge for the Columbian White-Tailed Deer

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. 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.

[[Page 397]]

                 Lower Klamath National Wildlife Refuge

    A. Migratory Game Bird Hunting. Hunting of geese, ducks, coots and 
common snipe is permitted on designated areas of the refuge subject to 
the following conditions:
    1. Only unloaded firearms may be carried on hunter access routes 
open to motor vehicles or when taken through posted retrieving zones 
when traveling to and from the hunting areas.
    2. Decoys may not be set in retrieving zones.
    3. The use of air-thrust and inboard water-thrust boats is not 
permitted.
    4. 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. Migratory Game Bird Hunting. We allow hunting of dove, goose, 
duck, merganser, coot, snipe, and pigeon on designated areas of the 
refuge in accordance with State regulations 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 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of pheasant, quail, 
partridge, chukar, coyote, and rabbit on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow hunting of pheasant, quail, partridge, chukar, and 
rabbit from the third Saturday in November until the end of the State 
pheasant season on designated areas of the Blitzen Valley east of 
Highway 205. We allow hunting of pheasant, quail, partridge, chukar, and 
rabbit on designated areas on Malheur Lake concurrent with the State 
pheasant season.
    2. We allow hunting of all upland game species during authorized 
State seasons on designated areas of the refuge west of Highway 205 and 
south of Foster Flat Road.
    3. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k) of this chapter) on designated areas east of Highway 
205 and on Malheur Lake.
    C. Big Game Hunting. We allow hunting of deer and pronghorn on 
designated areas of the refuge west of Highway 205 and south of Foster 
Flat Road in accordance with State regulations.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing year-round in the Blitzen River, East Canal, and 
Mud Creek upstream from and including Bridge Creek. We allow fishing in 
Krumbo Reservoir from the fourth Saturday in April until the end of 
October.
    2. We prohibit boats, except for nonmotorized boats and boats with 
electric motors, on Krumbo Reservoir.

                  McKay Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and common snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We only allow hunting on Tuesdays, Thursdays, Saturdays, Sundays, 
Thanksgiving Day, Christmas Day, and New Year's Day.
    2. We open the refuge from 5 a.m. to 1\1/2\ hours after legal 
sunset.
    3. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) on the refuge in quantities of 25 or less per day.
    4. We only allow vehicles on designated routes of travel and require 
hunters to park in designated parking areas (see Sec. 27.31 of this 
chapter).
    5. We require waterfowl hunting parties to space themselves a 
minimum of 200 yards (180 m) apart.
    6. We only allow portable blinds and temporary blinds constructed of 
natural materials.
    7. We prohibit the use of boats.
    8. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. We allow hunting of upland game birds on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1, A2, and A8 apply.
    2. On the opening weekend of the hunting season, we require all 
hunters to possess and carry a signed refuge permit.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following condition: 
We allow fishing from March 1 through September 30.

                     McNary National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory birds 
on designated areas of the refuge in accordance with State regulations 
and special conditions listed for

[[Page 398]]

McNary National Wildlife Refuge in the State of Washington.
    B. Upland Game Hunting. We allow hunting of upland game birds on 
designated areas of the refuge in accordance with State regulations and 
special conditions listed for McNary National Wildlife Refuge in the 
State of Washington.
    C. Big Game Hunting. We allow deer hunting on designated areas of 
the refuge in accordance with State regulations.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations and special conditions listed for 
McNary National Wildlife Refuge in the State of Washington.

                    Sheldon National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. Hunting of quail, grouse, and partridge is 
permitted on designated areas of the refuge.
    C. Big Game Hunting. Hunting of deer and antelope is permitted on 
designated areas of the refuge.
    D. Sport Fishing. [Reserved]

                    Umatilla National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and common snipe on designated areas of the Boardman and McCormack 
Units in accordance with State regulations subject to the following 
conditions:
    1. We open the refuge from 5 a.m. to 1\1/2\ hours after legal 
sunset.
    2. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) on the refuge in quantities of 25 or less.
    3. We prohibit off-road vehicle travel and all use of ATVs (see 
Sec. 27.31(f) of this chapter). We only allow vehicles on designated 
routes of travel and require hunters to park in designated parking areas 
(see Sec. 27.31 of this chapter).
    4. The McCormack Unit is a fee-hunt area only open to hunting on 
Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New Year's Day 
during State waterfowl seasons.
    5. Prior to entering the McCormack Fee Hunt Unit, we require you to 
stop at the check station to obtain a refuge permit (you must possess 
and carry), pay a recreation user fee, and obtain a blind assignment 
before hunting.
    6. On the McCormack Unit, we only allow hunting from assigned blind 
sites and require hunters to remain within 100 feet (90 m) of marked 
blind sites unless retrieving birds.
    7. On the Boardman Unit, we require waterfowl hunting parties to 
space themselves a minimum of 200 yards (180 m) apart. We only allow 
portable blinds and temporary blinds constructed of natural materials.
    8. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. We allow hunting of upland game birds on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit hunting of upland game birds until 12 p.m. (noon) of 
each hunt day.
    2. On the McCormack Fee Hunt Unit, we only allow hunting on 
Wednesdays, Saturdays, Sundays, and Thanksgiving Day.
    3. On the McCormack Unit, we require all hunters to possess and 
carry a signed refuge permit on the opening weekend of the hunting 
season.
    4. Condition A8 applies.
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow hunting by special refuge permit only. You must possess 
and carry the special refuge permit at all times while hunting.
    2. Condition A8 applies.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We open the refuge from 5 a.m. to 1\1/2\ hours after legal 
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.

                 Upper Klamath National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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.

[[Page 399]]

               William L. Finley National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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; 68 FR 
57318, Oct. 2, 2003; 69 FR 54362, 54447, Sept. 8, 2004; 70 FR 54189, 
Sept. 13, 2005; 70 FR 56377,Sept. 27, 2005]



Sec. 32.57  Pennsylvania.

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

                      Erie National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning dove, 
rail, common snipe, goose, duck, coot, and crow on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow hunting on the refuge from September 1 through the end 
of February.
    2. We only allow nonmotorized boats for waterfowl hunting. Hunters 
must remove boats (see Sec. 27.93 of this chapter) from the refuge by 
legal sunset.
    3. We require that hunters remove blinds and decoys from the refuge 
by legal sunset (see Sec. Sec. 27.93 and 27.94 of this chapter)
    4. We allow dogs for hunting; however, they must be under the 
immediate control of the hunter at all times (see Sec. 26.21(b) of this 
chapter).
    5. We prohibit field possession of migratory game birds in areas of 
the refuge closed to migratory game bird hunting.
    B. Upland Game Hunting. We allow hunting of grouse, squirrel, 
rabbit, woodchuck, pheasant, quail, raccoon, fox, coyote, skunk, and 
opossum on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting on the refuge from September 1 through the end 
of February.
    2. We require all persons to possess and carry a refuge Special Use 
Permit while hunting fox, coyote, and raccoon on the refuge.
    3. We allow dogs for hunting; however, they must be under the 
immediate control of the hunter at all times (see Sec. 26.21(b) of this 
chapter).
    C. Big Game Hunting. We allow hunting of deer, bear, and turkey on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We allow hunting on the refuge from September 1 through the end 
of February. We also allow spring turkey hunting in accordance with 
State regulations.
    2. Hunters must remove blinds, scaffolds, tree stands, and decoys 
(see Sec. 27.93 of this chapter) from the refuge by legal sunset.
    3. We prohibit organized deer drives in hunt area B of the Sugar 
Lake Division. We define a ``drive'' as three or more persons involved 
in the act of chasing, pursuing, disturbing, or otherwise directing deer 
so as to make the animal more susceptible to harvest.
    4. We require all persons to possess and carry a refuge Special Use 
Permit while hunting bear on the refuge.
    5. We require all hunters to notify the refuge within 48 hours of 
the harvest of a deer, bear, or turkey.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow bank fishing only on the Seneca Unit of the refuge. We 
prohibit wading.
    2. We allow fishing from \1/2\ hour before legal sunrise until \1/2\ 
hour after legal sunset.
    3. We prohibit the use of watercraft for fishing, with the exception 
of Area 5 where we allow nonmotorized watercraft use from the second 
Saturday in June through September 15. They must remain in an area from 
the dike to 3,000 feet (900 m) upstream.
    4. We require that all anglers must remove watercraft from the 
refuge by legal sunset (see Sec. 27.93 of this chapter).
    5. We allow ice fishing in Areas 5 and 7 only.
    6. All persons must possess and carry a refuge Special Use Permit 
while taking minnow or turtle.
    7. We prohibit the taking of frog.
    8. We prohibit the possession of live baitfish on the Seneca Unit.
    9. We prohibit the taking or possession of shellfish on the Seneca 
Unit of the refuge.

             John Heinz National Wildlife Refuge at Tinicum

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]

[[Page 400]]

    D. Sport Fishing. We allow sport fishing on the refuge in accordance 
with State regulations subject to the following conditions:
    1. We allow fishing on all refuge waters, except:
    i. The East side of the Main Impoundment from the Dike Road south to 
the Trolley Bed trail; and
    ii. The small pond located on the south side of Bartram Ave at the 
I-95 South on ramp.
    2. We allow fishing on the refuge from legal sunrise to legal 
sunset.
    3. Anglers may only operate boats, canoes, and floats in tidal 
waters. We prohibit them on the refuge impoundments and ponds.
    4. We only allow fishing from the shoreline in refuge impoundments 
and ponds. We prohibit wading.
    5. We prohibit bowfishing or spearfishing on the refuge.
    6. We prohibit the take, collection, or capture of reptile or 
amphibian on the refuge.

               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; 69 FR 
54362, 54448, Sept. 8, 2004; 70 FR 54189, Sept. 13, 2005]



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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. Anglers may saltwater fish from the refuge 
shoreline in accordance with state regulations.

                 Sachuest Point National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. 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, as amended at 69 FR 54362, Sept. 8, 2004]



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. Migratory Game Bird Hunting. We allow hunting of duck, goose, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We require each hunter to carry at all times while hunting a 
signed, current refuge hunting regulations brochure containing a refuge 
hunt permit. The hunt permit is invalid until signed by the hunter.
    2. Each youth hunter (age 15 and under) must remain within sight and 
normal voice contact of an adult age 21 or older. Youth hunters must 
have successfully completed a State-approved hunter education course.
    3. We only allow hunting until 12 p.m. (noon) each day during the 
State waterfowl season.
    4. We prohibit hunting on Corps of Engineer dredge spoil sites 
located on refuge property on Jehossee Island.

[[Page 401]]

    5. We prohibit permanent blinds. You must remove portable blinds and 
decoys (see Sec. 27.93 of this chapter) at the end of each day.
    6. We only allow use of retrieving dogs while hunting.
    7. We allow scouting all year from legal sunrise to legal sunset.
    8. Access to the hunt areas is by boat only. We prohibit boat 
launching on the refuge.
    9. We do not require hunter check-in and check out. There is no 
quota on the number of hunters.
    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 in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 and A2 apply.
    2. We only allow hunting on days designated annually by the refuge 
within the State season. We only allow hunting on designated refuge 
areas within the Edisto Unit and the Combahee Unit.
    3. We only allow archery or muzzleloader hunting, and there is no 
quota on the number of hunters allowed to participate. During a special 
quota permit hunt for the mobility impaired, we allow use of centerfire 
rifles or shotguns.
    4. Access into all refuge hunt areas for hunting and scouting is by 
foot or bicycle. We may open some refuge roads on hunt days.
    5. We allow scouting all year from legal sunrise to legal sunset.
    6. Hunters may enter the refuge no earlier than 5 a.m. on hunt days 
and must leave the refuge no later than 1 hour after legal sunset.
    7. We do not require hunter check-in and check out. However, you 
must check all deer taken during any hunt at the designated refuge check 
station before removal from the refuge. In addition, you must tag all 
antlerless deer with an antlerless tag provided by the refuge.
    8. The refuge daily bag limit is two antlerless deer and one 
antlered buck that must have at least three antler points on one side. 
We define a ``point'' as an antler projection of at least 1 inch (2.5 
cm) or more in length.
    9. You may take feral hog during refuge deer hunts. There is no size 
or bag limit on hog.
    10. We only allow one portable tree stand per hunter and only during 
the actual days of each hunt.
    11. We prohibit hunting on or within 100 feet (30 m) of all routes 
marked as roads or trails (see Sec. 27.31 of this chapter) on the hunt 
brochure map.
    12. All permanently fixed ground blinds are for the mobility-
impaired hunt only.
    13. We prohibit crossbows on the archery hunts. We only allow 
muzzleloading rifles using a single projectile on the muzzleloader 
hunts. We prohibit buckshot.
    14. You may use flagging to mark the site of hunter entry from roads 
or trails and again at the stand site. You may use clothes pins with 
reflective tape between these sites to mark the route to the stand. 
Hunters must label all such markers with their full name and remove them 
(see Sec. 27.93 of this chapter) at the end of the hunt.
    15. We require hunters to wear an outer garment visible above the 
waist that contains a minimum of 500 square inches (3,250 cm\2\) of 
solid, florescent-orange material at all times during the muzzleloader 
and mobility-impaired hunts.
    16. We prohibit the use of organized drives for taking or attempting 
to take game.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing in impounded waters contained within dikes and 
levees in the Beaufort County portion of the refuge annually from April 
1 through August 31 during daylight hours. We close fishing during all 
remaining times within all refuge-impounded waters.
    2. We prohibit boat use within refuge-impounded waters. We only 
allow bank fishing.
    3. We only allow hook and line sport fishing utilizing rod and reel 
or pole.
    4. We only open access into refuge areas to fishing by foot or 
bicycle.

                  Cape Romain National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of mourning dove 
and woodcock on designated areas of the refuge in accordance

[[Page 402]]

with State regulations subject to the following conditions:
    1. All hunters must possess and carry a signed refuge General Hunt 
Permit and a government-issued picture ID.
    2. All hunters must complete a Small Game Check Sheet attached to 
the refuge General Hunt Permit. You must turn each check sheet in daily 
at one of the small game check sheet drop boxes.
    3. We prohibit discharge of weapons (see Sec. 27.42 of this 
chapter) within, into, or across a ``No Hunting Zone'' or ``Closed 
Area''. We prohibit entering or crossing a ``No Hunting Zone'' or 
``Closed Area'' to access areas open to hunting. We require consent from 
refuge personnel to enter a ``No Hunting Zone'' or ``Closed Area'' for 
the purpose of tracking and/or retrieving legally taken game animals.
    4. Each youth hunter (age 16 or younger) must remain within sight 
and normal voice contact and under supervision of an adult age 21 or 
older with a valid license and applicable permit. Each adult may 
supervise no more than two youth hunters. Each youth hunter must possess 
and carry evidence of successful completion of a State-approved hunter 
education course.
    5. We prohibit loaded firearms (see Sec. 27.42 of this chapter) 
within 100 feet (30 m) of maintained refuge roads or within 500 feet 
(150 m) of the paved visitor's drive. We prohibit discharge of any 
weapon on or across any part of the refuge road system. We define a 
``loaded firearm'' as a firearm with shells in the magazine or chamber, 
or, for muzzleloaders, a gun with the percussion caps put in place.
    6. Hunters must possess shotguns with shot no larger than No. 5.
    7. Legal shooting hours for September dove hunts are 12 p.m. (noon) 
to 6:30 p.m.
    8. We prohibit discharge of weapons for any purpose other than to 
take or attempt to take legal game animals during established hunting 
seasons.
    B. Upland Game Hunting. We allow hunting of quail, rabbit, raccoon, 
and opossum on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A5 and A8 apply.
    2. We require dogs for hunting raccoon and opossum. All dogs must 
wear a collar displaying the owner's name, address, and phone number.
    3. Upland game hunters may possess shotguns with shot no larger than 
No. 4 or .22 caliber rimfire rifles or primitive muzzleloading rifles of 
.40 caliber or smaller. We prohibit possession of buckshot or slugs.
    4. Upland game hunters using archery equipment must use small game 
tips on the arrows.
    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 subject to the following conditions:
    1. All hunters must possess and carry a signed refuge General Hunt 
Permit and a government-issued picture ID; however, in addition, turkey 
hunters must have a Refuge Quota Turkey Hunt Permit. Refuge Quota Turkey 
Hunt Permits are nontransferable.
    2. You must promptly check all deer and hog killed on the refuge 
during modern gun hunts at the Refuge Check Station on the day of the 
kill prior to removal from the refuge. You must promptly check all 
antlerless deer killed on the refuge during the primitive weapons and 
archery hunts at the refuge office on the day of the kill prior to 
removal from the refuge. You must self-check all antlered bucks and hogs 
at the Refuge Check Station during the primitive weapons and archery 
hunts. In addition, you must have all antlerless deer tagged by refuge 
staff prior to removal from the refuge. You must promptly check and tag 
all turkey killed on the refuge during the Refuge Quota Turkey Hunt at 
the refuge office on the day of the kill prior to removal from the 
refuge.
    3. Conditions A3 through A5 apply.
    4. During big game deer hunts, we prohibit hunters from entering the 
refuge before 4 a.m., and they must leave the refuge no later than 2 
hours after legal sunset. We will lock gates 2 hours after legal sunset 
on the last day of each hunt.
    5. During refuge firearms deer hunts all participants must wear at 
least 500 square inches (3,250 cm\2\) of unbroken, flourescent-orange 
material above the waistline as an outer garment visible while hunting 
and while en route to and from hunting areas.
    6. During the primitive weapons hunt, you may use bow and arrow, 
muzzleloading shotguns (20 gauge or larger), or muzzleloading rifles 
(.40 caliber or larger). We prohibit revolving rifles or black-powder 
handguns.
    7. During the modern gun hunts, you may use shotguns, rifles 
(centerfire and larger than .22 caliber), handguns (.357 caliber or 
larger and barrel length no less than 6 inches [15 cm]), or any weapon 
allowed during the primitive weapons hunt. We prohibit military, hard-
jacketed bullets, and .22 caliber rimfire rifles during the modern gun 
hunts.
    8. We prohibit driving deer. We define a ``drive'' as an organized 
hunting technique involving two or more individuals attempting to drive 
game animals from cover or habitat for the purpose of shooting, killing, 
or moving such animals toward other hunters.
    9. You must identify deer stands used on the refuge with the 
hunter's name, address, and phone number.
    10. We prohibit the use of dogs for any big game hunting.
    11. We prohibit the use of flagging or reflective tape, paint, 
tacks, or other trail

[[Page 403]]

markers. You may use painted clothes pins or clothes pins with 
reflective tape or tacks attached, but you must remove them (see Sec. 
27.93 of this chapter) at the end of each hunt.
    12. Youth hunts are for hunters ages 10 through 15 only. We prohibit 
adults from discharging firearms during youth deer and turkey hunts.
    13. The bag limit during each deer hunt is the State limit plus two 
antlerless deer and unlimited hogs.
    14. We require you to field-dress or remove the deer whole prior to 
transportation in a vehicle or removing them from the refuge.
    15. We prohibit the use of ATVs, except by mobility-impaired hunters 
with a Special Use Permit during big game hunts. Mobility-impaired 
hunters must have a State Disabled Hunting license, be confined to a 
wheelchair, need mechanical aids to walk, or have complete single-or 
double-leg amputation.
    16. We prohibit turkey hunters from calling a turkey for another 
hunter unless both hunters have Refuge Quota Turkey Hunt Permits.
    17. We prohibit turkey hunting in the area defined as east of Hwy. 
145, south of Rt. 9, and north of Hwy. 1.
    18. Turkey hunts end each day at 1 p.m., and you must unload, case, 
or dismantle all weapons (see Sec. 27.42 of this chapter) after 1 p.m.
    19. During turkey hunts we only allow one weapon per hunter.
    20. The bag limit for the entire hunt is two bearded turkey.
    21. We prohibit discharge of weapons (see Sec. 27.42(a) of this 
chapter) for any purpose other than to take or attempt to take legal 
game animals during established hunting seasons.
    D. Sport Fishing. We allow fishing on all areas of the refuge, 
except Martins Lake and those areas closed for management purposes, in 
accordance with State regulations subject to the following conditions:
    1. We allow fishing from 1 hour before legal sunrise to 1 hour after 
legal sunset.
    2. We allow nonmotorized boats and boats with electric motors. We 
allow boats with permanently mounted gas motors as long as you lock the 
propeller out of the water. You must hand load and unload boats except 
at designated boat ramps. We prohibit skidding boats up or down dams or 
on water control structures. We provide boat ramps at Pool D, Pool L, 
Honkers Lake, and Mays Lake.
    3. We allow bank fishing on all designated waters.
    4. We prohibit bow fishing, fish baskets, nets, set hooks, 
trotlines, or snagging devices.
    5. We prohibit snagging of fish by pulling or jerking any device 
equipped with one or more hooks through the water for the purpose of 
impaling fish.
    6. We prohibit swimming or wading in any areas of the refuge.

                Pinckney Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 
subject to the following conditions:
    1. You must have a signed refuge permit on your person at all times. 
We require payment of a fee for the quota gun hunt. You may obtain 
information about the quota hunt drawing at the refuge headquarters in 
Savannah, Georgia.
    2. Hunters must check-in at the designated check station between 4 
a.m. and 5 a.m. and park in the designated area prior to hunting. We 
require personal identification at check-in.
    3. Any movement within the refuge must be by foot or bicycle. We 
limit entry and exit points for authorized motor vehicles to designated 
check stations or other specified areas (see Sec. 27.31 of this 
chapter). We prohibit entry by boat, and we prohibit hunters to leave by 
boat to reach other parts of the island.
    4. We require hunters to wear an outer garment that contains a 
minimum of 500 square inches (3,250 cm\2\) of hunter-orange material 
above the waistline.
    5. We prohibit participating in organized drives for deer.
    6. Each hunter may place one stand on the refuge during the week 
(Monday through Friday only) preceding the hunt. You must remove all 
stands (see Sec. 27.93 of this chapter) at the end of the hunt.
    7. We prohibit camping on the refuge.
    8. We only allow shotguns, 20 gauge or larger, with slugs.
    9. If you are a hunter on the refuge, you must be in your stand from 
\1/2\ hour before legal sunrise until 9 a.m. and from 2 hours before 
legal sunset until legal sunset.
    10. We prohibit hunting closer than 100 yards (90 m) to U.S. Highway 
278 or the check station area, or closer than 200 yards (180 m) to the 
residence area.
    11. We prohibit flagging, blazing, or using other trail-marking 
devices to locate stands or for any other purpose.
    12. Refuge personnel must check deer harvested during a scheduled 
hunt before hunters leave the refuge.
    13. You may take five deer (no more than four antlerless).
    14. We close the refuge to the public on hunt days.
    15. Hunters age 15 and younger must possess and carry a valid hunter 
education card in order to hunt.
    16. Youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older, possessing a

[[Page 404]]

license. One adult may supervise no more than one youth hunter.
    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. Migratory Game Bird Hunting. We allow hunting of mourning doves 
on designated areas of the refuge subject to the following condition: We 
require a refuge permit.
    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

    A. Migratory Game Bird Hunting. We allow hunting of duck and coot on 
designated areas north of South Carolina Highway 170 of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge permit at all times 
while hunting on the refuge. Permits and general hunting information are 
available at the refuge headquarters in Savanna, Georgia.
    2. We only allow temporary blinds. You must remove decoys and other 
personal property (see Sec. 27.93 of this chapter) from the refuge 
daily.
    3. We prohibit hunting within 100 yards (90 m) of South Carolina 
Highway 170.
    B. Upland Game Hunting. We allow hunting of squirrel November 1 
through November 30 on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must possess and carry a signed refuge permit at all times 
while hunting on the refuge. Permits and hunt information are available 
at the refuge headquarters in Savannah, Georgia.
    2. We only allow .22 caliber rimfire rifles or shotguns with 
2 shot or smaller for squirrel hunting.
    3. We prohibit handguns.
    4. We prohibit dogs.
    5. You may take feral hog with weapons legal for this hunt (no bag 
limit).
    6. We require a big game license.
    7. We require hunters to wear a visible outer garment that contains 
a minimum of 500 square inches (3,250 cm\2\) of hunter-orange material 
above the waistline (except during the archery-only deer hunt, the 
turkey hunt, and the waterfowl hunt.
    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 subject to the following conditions:
    1. Hunters must possess and carry a signed refuge permit at all 
times. We require payment of a fee for the wheelchair-dependent hunters' 
quota gun hunt for deer. Permits, quota hunt applications, and 
information about the quota hunt drawing are available at the refuge 
headquarters in Savannah, Georgia.
    2. We allow archery hunting for deer and hog from October 1 through 
October 31 on designated areas.
    3. We only authorize bows for deer/hog hunting during the archery 
hunt.
    4. We allow gun hunting for deer and hog during the archery hunt.
    5. We only allow shotguns with slugs, muzzleloaders, and bows for 
deer and hog hunting throughout the designated hunt area. However, we 
only allow centerfire rifles of .22 caliber or larger north of 
Interstate Highway 95. We prohibit handguns.
    6. You may take five deer, no more than three antlerless and two 
antlered. There is no bag limit on feral hogs.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing in refuge impoundments and canals from March 1 
through November 30 annually.
    2. We allow fishing in Kingfisher Pond year-round.
    3. We allow fishing from legal sunrise to legal sunset.
    4. We allow fishing year-round in the canals adjacent to the 
wildlife drive.
    5. Anglers may only use nonmotorized boats and boats with electric 
motors within impounded water.

                    Waccamaw National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, and snipe on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Hunters must possess and carry at all times while hunting a 
signed, current refuge hunting regulations brochure containing a refuge 
hunt permit. The hunt permit is invalid until signed by the hunter.

[[Page 405]]

    2. Each youth hunter (age 15 and under) must remain within sight and 
normal voice contact and under supervision of an adult age 21 or older. 
Youth hunters must have successfully completed a State-approved hunter 
education course.
    3. We only allow waterfowl hunting until 12 p.m. (noon) each 
Saturday during the State waterfowl season. Hunters may enter the refuge 
no earlier that 5 a.m. on hunt days and must be off the refuge by 2 p.m.
    4. We allow scouting Monday through Friday during the waterfowl 
season. We prohibit possession of a firearm by anyone scouting. You must 
be off the refuge by 2 p.m.
    5. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting all species of migratory birds on the refuge.
    6. We require permanent blinds. You must remove portable blinds and 
decoys (see Sec. 27.93 of this chapter) at the end of each day.
    7. We only allow use of retrieving dogs while hunting.
    8. We do not require hunter check-in and check out. There is no 
quota on the number of hunters.
    9. We prohibit discharge of weapons (see Sec. 27.42(a) of this 
chapter) for any purpose other than to take or attempt to take legal 
game animals during established hunting seasons.
    10. We prohibit hunting on any unit for wildlife other than that 
which is officially opened and posted or entering any areas posted as 
``Closed'' or ``No Hunting Zones''.
    B. Upland Game Hunting. We allow hunting of gray squirrel, raccoon, 
and opossum on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1, A2, A9, and A10 apply.
    2. We only allow hunting on days designated annually by the refuge 
within the State season. We only allow upland game hunting on designated 
Refuge areas within Refuge Unit 1.
    3. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
in shotguns. We allow .22 caliber rimfire rifles.
    4. We prohibit squirrel hunting from a boat or other water 
conveyance on the refuge.
    C. Big Game Hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. Conditions A1, A2, A9, and A10 apply.
    2. We only allow hunting on days designated annually by the refuge 
within the State season.
    3. We close refuge hunting areas to the general public during big 
game hunts.
    4. We allow archery, muzzleloading (black powder) and centerfire 
rifles, and shotguns.
    5. We prohibit crossbows, blow guns, and drugged arrows (see Sec. 
32.2(g)). We only allow muzzleloading rifles using a single projectile 
on the muzzleloader hunts. We prohibit buckshot, .22 caliber rimfire, 
and full-metal jacketed military ammunition.
    6. Access into all refuge hunt areas for hunting and scouting is by 
foot or boat. We may open some refuge roads on hunt days. We prohibit 
ATVs (see Sec. 27.31(f) of this chapter) and air boats on the refuge.
    7. We allow scouting all year during daylight hours except during 
the State waterfowl season. During the waterfowl season, the same 
regulations that apply to scouting for waterfowl (A4), apply to scouting 
for big game species.
    8. Hunters may enter the refuge no earlier than 5 a.m. on hunt days 
and must leave the refuge no later than 1 hour after legal sunset.
    9. We do not require hunter check-in and check out.
    10. The refuge limit on deer is one antlered buck per refuge hunt. 
Hunters can harvest an additional two antlerless deer per hunt during 
coinciding State doe days.
    11. You may take feral hogs during refuge deer hunts. There is no 
size or bag limit on hog. We may offer special hog hunts during and 
after deer season to further control this invasive species. You must 
dispatch all feral hogs before removing them from the refuge.
    12. We prohibit hunting on or within 100 feet (30 m) of all routes 
marked as roads or trails (see Sec. 27.31 of this chapter) on the hunt 
brochure map.
    13. You must hunt deer and feral hog from an elevated deer stand. We 
prohibit shooting a hog from a boat.
    14. We only allow one portable tree stand per hunter and only during 
the actual days of each hunt. You must remove deer stands (see Sec. 
27.93 of this chapter) from the refuge no later than 3 days after each 
refuge big game hunt.
    15. We allow use of flagging to make the site of hunter entry from 
roads or trails and again at the stand site. We allow use of clothes 
pins with reflective tape between these sites to make the route to the 
stand. Hunters must label all such markers with their full name and 
remove them (see Sec. 27.93 of this chapter) at the end of the hunt.
    16. We require hunters to wear an outer garment visible above the 
waist that contains a minimum of 500 square inches (3,250 cm\2\) of 
solid, flourescent-orange material at all times during big game hunts 
except for turkey.
    17. We prohibit the use of organized drives, including the use of 
boats, as an aid in the taking or attempting to take big game species.
    18. We prohibit distribution of bait or hunting over a baited area 
(see Sec. 32.2(h)).
    19. We limit turkey hunts to annual quota hunts. We will select 
hunters by a random

[[Page 406]]

drawing. Selected hunters must sign, possess, and carry a Refuge Turkey 
Hunt Permit at all times during the hunt.
    20. We prohibit turkey hunters from calling a turkey for another 
hunter unless both hunters have Refuge Turkey Hunt Permits.
    21. We prohibit turkey hunting in Refuge Units 2 and 3.
    22. Turkey hunts begin each day at legal sunrise and end each day at 
1 p.m., and you must unload and case or dismantle all weapons (see Sec. 
27.42 of this chapter) after 1 p.m.
    23. During turkey hunts we only allow one weapon per hunter.
    24. The bag limit for the entire hunt is one bearded turkey.
    D. Sport Fishing. We allow fishing in accordance with State 
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; 69 FR 54362, 54449, Sept. 8, 2004; 70 
FR 54190, Sept. 13, 2005]



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.

                    Huron Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following conditions:
    1. We allow hunters to leave portable tree stands and free-standing 
elevated platforms on Waterfowl Production Areas from the first Saturday 
after August 25 through February 15.
    2. You must label portable tree stands and free-standing elevated 
platforms with your name and address or current hunting license number 
so it is legible from the ground.
    3. We prohibit the use of horses for any purpose.
    4. You must remove portable ground blinds and other personal 
property by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                    Lacreek National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, common snipe, sandhill crane, American crow, and mourning dove on 
designated areas of the refuge in accordance with State regulations 
subject to the following condition: We only allow hunting of migratory 
game birds on the Little White River Recreation Area.
    B. Upland Game Hunting. We allow hunting of cock ring-necked 
pheasant and sharptail grouse on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. You must possess and carry a refuge permit on all areas, except 
the Little White River Recreation Area.
    2. We prohibit hunting with the aid of a motor vehicle. No person 
may discharge a firearm within \1/2\ mile (.8 km) of any motor vehicle 
available for his/her transportation unless that motor vehicle is parked 
in a designated parking area.
    C. Big Game Hunting. We allow hunting of white-tailed and mule deer 
on designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require a State permit for muzzleloader deer hunting.
    2. You must possess and carry a refuge permit for archery deer 
hunting.
    3. Condition B2 applies.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We only allow fishing on Pools 3, 4, 7, 10, the Little White 
River Recreation Area, and Cedar Creek Trout Ponds 2 and 3.
    2. We allow boats with motors on all areas open to fishing, except 
the Trout Ponds.
    3. No person may violate the ``no-wake zone'' that includes all 
waters within 500 feet (150 m) of the shoreline or emergent marsh 
vegetation on any refuge pool, except the Little White River Recreation 
Area.

[[Page 407]]

    4. We prohibit the use or possession of live minnows or bait fish on 
all waters of the refuge except the Little White River Recreation Area.
    5. We restrict fishing to \1/2\ hour before legal sunrise and to \1/
2\ hour after legal sunset on all refuge waters open to fishing, except 
the Little White River Recreation Area.

                 Lake Andes Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following conditions:
    1. We allow hunters to leave portable tree stands and free-standing 
elevated platforms on Waterfowl Production Areas from the first Saturday 
after August 25 through February 15.
    2. You must label portable tree stands and free-standing elevated 
platforms with your name and address or current hunting license number 
so it is legible from the ground.
    3. We prohibit the use of horses for any purpose.
    4. You must remove portable ground blinds and other personal 
property by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                   Madison Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following conditions:
    1. We allow hunters to leave portable tree stands and free-standing 
elevated platforms on Waterfowl Production Areas from the first Saturday 
after August 25 through February 15.
    2. You must label portable tree stands and free-standing elevated 
platforms with your name and address or current hunting license number 
so it is legible from the ground.
    3. We prohibit the use of horses for any purpose.
    4. You must remove portable ground blinds and other personal 
property by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                   Sand Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl on 
designated portions of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We allow hunters to use the spaced perimeter blinds on a first-
come, first-served basis located along those posted sections of road 
right-of-way closed to hunting.
    2. We restrict vehicle parking to designated parking lots in the 
vicinity of the waterfowl blind areas (see Sec. 27.31 of this chapter).
    3. Unarmed waterfowl hunters on the perimeter of the refuge may 
retrieve downed waterfowl up to 100 yards (90 m) inside the refuge 
boundary.
    B. Upland Game Hunting. We allow hunting of pheasant, sharp-tailed 
grouse, and partridge on designated portions of the refuge in accordance 
with State regulations subject to the following conditions:
    1. The game bird season begins the Monday following closure of the 
refuge firearms deer season and continues through December 31.
    2. Refuge access is ``walk-in'' only. We prohibit motor vehicles, 
bicycles, snowmobiles,

[[Page 408]]

and all-terrain vehicles (see Sec. 27.31(f) of this chapter).
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. Only firearms deer hunters with a Sand Lake refuge permit (you 
must possess and carry) may hunt deer on the refuge.
    2. Hunters with a valid State archery license may hunt on the refuge 
during the established refuge archery deer season. Consult the refuge 
manager for current season dates.
    3. All individuals afield during the refuge firearms deer season 
must wear a minimum of 400 square inches (2,600 cm\2\) of solid 
fluorescent orange material on the head, chest, and back that must be 
visible at all times.
    4. We allow portable, elevated hunting platforms not attached to 
trees and portable ground blinds, but they must bear the name and 
address of the owner or user or the year and big game tag number of the 
owner or user. The labeling must be readily visible and legible.
    5. Beginning the Saturday after August 25 licensed archery deer 
hunters and firearms deer hunters holding refuge permits (you must 
possess and carry) may place tree stands, elevated platforms, and 
portable ground blinds on the refuge. Hunters must remove all such 
devices (see Sec. 27.93 of this chapter) by February 15.
    6. Deer hunters may enter the refuge 1 hour before legal shooting 
time and remain no longer than 1 hour after shooting time ends.
    7. Refuge access is ``walk-in'' only. We allow vehicles on 
designated refuge roads ONLY for retrieving harvested deer and ONLY 
during the following times: 9:30-10 a.m., 1:30-2 p.m., and from the end 
of legal shooting time to 1 hour after the end of shooting time (see 
Sec. 27.31 of this chapter).
    8. We restrict vehicle parking to designated parking lots in the 
vicinity of the waterfowl blind areas (see Sec. 27.31 of this chapter).
    9. We prohibit bicycles, snowmobiles, and all-terrain vehicles at 
all times (see Sec. 27.31(f) of this chapter).
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Fishing hours are \1/2\ hour before legal sunrise to \1/2\ hour 
after legal sunset.
    2. We prohibit motorized vehicles on the ice during winter (see 
Sec. 27.31 of this chapter).
    3. We allow ice fishing shanties, but anglers must remove them (see 
Sec. 27.93 of this chapter) daily.
    4. We prohibit open fires (see Sec. 27.95 of this chapter).

                  Sand Lake Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following conditions:
    1. We allow hunters to leave portable tree stands and free-standing 
elevated platforms on Waterfowl Production Areas from the first Saturday 
after August 25 through February 15.
    2. You must label portable tree stands and free-standing elevated 
platforms with your name and address or current hunting license number 
so it is legible from the ground.
    3. We prohibit the use of horses for any purpose.
    4. You must remove portable ground blinds and other personal 
property by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

                     Waubay National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow deer hunting on designated areas in 
accordance with State regulations subject to the following conditions:
    1. We prohibit deer hunting on Headquarters Island.
    2. We prohibit erecting tree stands prior to hunt start dates. 
Hunters must remove them (see Sec. 27.93 of this chapter) by the end of 
the hunt.
    3. Hunters may launch nonmotorized watercraft from designated access 
points to travel to islands.
    4. We close archery seasons during refuge firearm seasons.

[[Page 409]]

    5. We prohibit deer drives during archery seasons. We define a drive 
as the act of chasing, pursuing, disturbing, or otherwise directing deer 
so as make the animals more susceptible to harvest by another hunter.
    6. Refuge firearm hunters must wear a minimum of 400 square inches 
(2,600 cm\2\) of solid flourescent-orange material visible on the head, 
chest, and back.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow ice fishing after refuge firearm deer seasons close. We 
prohibit open water fishing at any time.
    2. Anglers must not be on the ice until 1 hour prior to legal 
sunrise and must be off the ice by 1 hour after legal sunset.
    3. Anglers must remove ice shacks (see Sec. 27.93 of this chapter) 
daily prior to closed fishing hours.
    4. We restrict angler foot travel to posted access points, public 
roads, and lake ice.

                   Waubay Wetland Management District

    A. Migratory Game Bird Hunting. We allow migratory game bird hunting 
on Waterfowl Production Areas throughout the District in accordance with 
State regulations subject to the following condition: You must remove 
boats, decoys, portable blinds, other personal property, and any 
materials brought onto the area for blind construction by the end of 
each day (see Sec. Sec. 27.93 and 27.94 of this chapter). We prohibit 
bringing any type of live or dead vegetation onto the refuge for any 
purpose at any time.
    B. Upland Game Hunting. We allow upland game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following condition: We prohibit the use of 
horses for any purpose.
    C. Big Game Hunting. We allow big game hunting on Waterfowl 
Production Areas throughout the District in accordance with State 
regulations subject to the following conditions:
    1. We allow hunters to leave portable tree stands and free-standing 
elevated platforms on Waterfowl Production Areas from the first Saturday 
after August 25 through February 15.
    2. You must label portable tree stands and free-standing elevated 
platforms with your name and address or current hunting license number 
so it is legible from the ground.
    3. We prohibit the use of horses for any purpose.
    4. You must remove portable ground blinds and other personal 
property by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    D. Sport Fishing. We allow sport fishing on Waterfowl Production 
Areas throughout the District in accordance with State regulations 
subject to the following condition: You must remove boats, motor 
vehicles, fishing equipment, and other personal property (excluding ice 
houses) by the end of each day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).

[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; 69 FR 54362, 54452, Sept. 8, 2004; 
69 FR 55995, Sept. 17, 2004; 70 FR 54190, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, merganser, mourning dove, woodcock, and snipe on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    3. You must possess and carry a signed refuge permit and report game 
taken as specified within the permit.
    4. Legal hunting hours for duck, goose, coot, and merganser are \1/
2\ hour before legal sunrise to 12 p.m. (noon)
    5. Mourning dove, woodcock, and snipe seasons close during all 
firearms and muzzleloader deer seasons.
    6. You may only use portable blinds, and you must remove all boats, 
blinds, and decoys (see Sec. 27.93 of this chapter) from the refuge by 
1 p.m. daily.
    7. We allow hunters to access the refuge no more than 2 hours before 
legal sunrise and no more than 2 hours after legal sunset.
    8. Each youth hunter (under age 16) must remain within sight and 
normal voice contact and under supervision of an adult age 21 or older. 
One adult hunter may supervise no more than two youth hunters.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1 through A3, and A7 through A8 apply.
    2. Spring squirrel season is closed on the refuge.
    3. Squirrel, rabbit, and quail seasons close during all firearms and 
muzzleloader deer seasons.

[[Page 410]]

    4. We allow hunting for raccoon and opossum from legal sunset to 
legal sunrise.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A3, and A7 through A8 (each adult may 
supervise only one youth hunter) apply.
    2. You may only participate in the refuge turkey hunts with a 
special quota permit issued through a random drawing. You may obtain 
information for permit applications at the refuge headquarters.
    3. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting turkey.
    4. We only allow the use of portable blinds and tree stands on the 
refuge. You must remove blinds, tree stands, and all other personal 
equipment (see Sec. Sec. 27.93 and 27.94 of this chapter) from the 
refuge at the end of each day's hunt.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We only allow fishing from legal sunrise to legal sunset.
    2. We only allow fishing with pole and line or rod and reel.
    3. We prohibit possession of unauthorized fishing gear, including 
trotlines, limblines, juglines, yo-yos, nets, spears, and snag hooks, 
while fishing on the refuge.
    4. We allow the use of bow and arrow or a gig to take nongame fish 
on refuge waters.
    5. We prohibit taking frog or turtle on the refuge (see Sec. 27.21 
of this chapter).

                  Cross Creeks National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of Canada geese 
(September season only) on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. You must possess and carry a valid refuge permit while hunting on 
the refuge.
    3. We set and publish season dates and bag limits annually in the 
refuge Public Use Regulations available at the refuge office.
    4. We prohibit hunting within 50 yards (45 m) of any building, 
public use road, or boat launching ramp.
    5. We allow hunters access to the refuge from 1\1/2\ hours before 
legal sunrise to 1\1/2\ hours after legal sunset.
    6. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge.
    7. We prohibit the use of horses or other animal conveyances on 
refuge hunts.
    8. Youth hunters under age 16 must remain in sight and normal voice 
contact with an adult hunter age 21 or older. One adult hunter may 
supervise no more than two youth hunters.
    9. We allow the use of dogs to retrieve geese.
    10. You may use only portable blinds, and you must remove all boats, 
blinds, and decoys from the refuge at the end of each day.
    B. Upland Game Hunting. We allow hunting of squirrel on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. You must possess and carry a valid refuge permit while hunting on 
the refuge.
    3. We set and publish season dates and bag limits annually in the 
refuge public use regulations available at the refuge office.
    4. We prohibit hunting within 50 yards (45 m) of any building, 
public use road, or boat launching ramp.
    5. We allow hunters access to the refuge from 1\1/2\ hours before 
legal sunrise to 1\1/2\ hours after legal sunset.
    6. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    7. We prohibit the use of horses or other animal conveyances on 
refuge hunts.
    8. Each youth hunter (under age 16) must remain within sight and 
normal voice contact of an adult age 21 or older. One adult hunter may 
supervise no more than two youth hunters.
    9. We do not open for spring squirrel hunting.
    C. Big Game Hunting. We allow the hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B1 through B8 (one adult hunter may supervise no more 
than one youth hunter) apply.
    2. We only allow the use of portable blinds and tree stands on the 
refuge. You must remove blinds, tree stands, and all other personal 
equipment (see Sec. 27.93 of this chapter) from the refuge at the end 
of each day.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing on refuge pools and reservoirs from March 16 
through November 14 from legal sunrise to legal sunset.
    2. We prohibit bows and arrows, trotlines, limblines, jugs, and slat 
baskets in refuge pools and reservoirs.
    3. We prohibit taking of frog and turtle on the refuge (see Sec. 
27.21 of this chapter).
    4. We prohibit leaving boats unattended on the refuge.

[[Page 411]]

                    Hatchie National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    3. You must possess and carry a signed refuge permit and report game 
taken as specified within the permit.
    4. We only allow waterfowl hunting on Tuesdays, Thursdays, and 
Saturdays. Legal hunting hours for duck, goose, coot, and merganser are 
\1/2\ hour before legal sunrise to 12 p.m. (noon).
    5. Mourning dove, woodcock, and snipe seasons close during all 
firearms and muzzleloader deer seasons.
    6. We allow only portable blinds, and hunters must remove all boats, 
blinds, and decoys (see Sec. Sec. 27.93 and 27.94 of this chapter) from 
the refuge by 1 p.m. daily.
    7. We allow hunters to access the refuge no more than 2 hours before 
legal sunrise, and they must leave the refuge no more than 2 hours after 
legal sunset.
    8. Each youth hunter (under age 16) must remain within sight and 
normal voice contact of an adult (age 21 or older).
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, and opossum on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Conditions A1 through A3 and A7 through A8 apply.
    2. Spring squirrel season is closed on the refuge.
    3. Squirrel, rabbit, and quail seasons close during all firearms and 
muzzleloader deer seasons.
    4. Hunting hours for raccoon and opossum are legal sunset to legal 
sunrise.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A3, A7, and A8 (each adult may supervise 
only one youth hunter) apply.
    2. You may only participate in the refuge deer gun hunts with a 
special quota permit issued through random drawing. Information for 
permit applications and season dates is available at the refuge 
headquarters.
    3. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting turkey.
    4. We only allow the use of portable blinds and tree stands on the 
refuge. You must remove blinds, tree stands, and all other personal 
equipment (see Sec. Sec. 27.93 and 27.94 of this chapter) from the 
refuge at the end of each day's hunt.
    5. We allow archery-only hunting between State Highway 76 and 
Interstate 40.
    6. We only allow archery hunting the first 16 days of the State 
season.
    7. We are closed to Youth-Deer hunting.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A1 and A2 apply.
    2. We only allow fishing with pole and line or rod and reel.
    3. We prohibit possession of unauthorized fishing gear, including 
trotlines, limblines, juglines, yo-yos, nets, spears, and snag hooks, 
while fishing on the refuge.
    4. We allow use of a bow and arrow or gig to take nongame fish on 
refuge waters.
    5. We prohibit taking frog or turtle on the refuge (see Sec. 27.21 
of this chapter).
    6. We seasonally close the sanctuary areas of the refuge to the 
public November 15 through March 15.
    7. We open Oneal Lake for fishing during a restricted season and for 
authorized special events. Information on event and season dates is 
available at the refuge headquarters.
    8. You must immediately release all largemouth bass under 14 inches 
(30 cm) in length on Goose and Quail Hollow Lakes.
    9. We allow the use of nonmotorized boats and boats with electric 
motors only.
    10. We only allow bank fishing on Goose Lake.

                   Lake Isom National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. We allow hunting of squirrel and raccoon on 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    3. We set and publish season dates and bag limits annually in the 
refuge Public Use Regulations available at the refuge office.
    4. You must possess and carry a valid refuge permit and report game 
taken as specified within the permit.
    5. We allow hunters to access the refuge no more than 2 hours before 
legal sunrise and no more than 2 hours after legal sunset.
    6. Hunting hours for raccoon are 7 p.m. to 12 p.m. (midnight).
    7. Each youth hunter (under age 16) must remain within sight and 
normal voice contact of an adult age 21 or older. One adult hunter may 
supervise no more than two youth hunters.

[[Page 412]]

    C. Big Game Hunting. We allow archery only hunting for white-tailed 
deer on the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions B1 through B5, B7 (each adult may only supervise one 
youth hunter) apply.
    2. We only allow the use of portable blinds and tree stands on the 
refuge. You must remove blinds, tree stands, and all other personal 
equipment (see Sec. 27.93 of this chapter) from the refuge at the end 
of each day.
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following conditions:
    1. We open all waters of Lake Isom to fishing only from March 16 
through November 14 from legal sunrise to legal sunset.
    2. We only allow boats with electric or outboard motors of 10 hp or 
less.
    3. We prohibit taking frog or turtle from refuge waters (see Sec. 
27.21 of this chapter).

                 Lower Hatchie National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, goose, 
coot, merganser, mourning dove, woodcock, and snipe on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. The refuge is a day-use area only with the exception of legal 
hunting/fishing activities.
    2. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    3. You must possess and carry a signed refuge permit and report game 
taken as specified within the permit.
    4. Legal hunting hours for duck, goose, coot, and merganser are \1/
2\ hour before legal sunrise to 12 p.m. (noon).
    5. Mourning dove, woodcock, and snipe seasons close during all 
firearms and muzzleloader deer seasons.
    6. You may only use portable blinds, and you must remove all boats, 
blinds, and decoys (see Sec. 27.93 of this chapter) from the refuge by 
1 p.m. daily.
    7. We allow hunters to access the refuge no more than 2 hours before 
legal sunrise and no more than 2 hours after legal sunset.
    8. We close Sunk Lake Public Use Natural Area to all migratory game 
bird hunting, and we close the southern unit of Sunk Lake Public Use 
Natural Area to all hunting.
    9. Each youth hunter (under age 16) must remain within sight and 
normal voice contact of an adult age 21 or older. One adult hunter may 
supervise no more than two youth hunters.
    B. Upland Game Hunting. We allow hunting of squirrel, rabbit, quail, 
raccoon, and opossum on designated areas of the refuge and the northern 
unit of Sunk Lake Public Use Natural Area in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A3, A7, and A9 apply.
    2. Spring squirrel season is closed on the refuge.
    3. Squirrel, rabbit, and quail seasons close during all firearms and 
muzzleloader deer seasons.
    4. Hunting hours for raccoon and opossum are legal sunset to legal 
sunrise.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A1 through A3, and A7 through A9 (each adult may 
supervise only one youth hunter) apply.
    2. You may only participate in the refuge turkey hunts with a 
special quota permit issued through random drawing. Information for 
permit applications is available at the refuge headquarters.
    3. You may only possess approved nontoxic shot while hunting turkey 
(see Sec. 32.2(k)).
    4. We only allow the use of portable blinds and tree stands on the 
refuge. You must remove blinds, tree stands, and all other personal 
equipment (see Sec. Sec. 27.93 and 27.94 of this chapter) from the 
refuge at the end of each day's hunt.
    5. We allow archery-deer hunting only on the northern unit of Sunk 
Lake Public Use Natural Area.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge and the Sunk Lake Public Use Natural Area in accordance with 
State regulations subject to the following conditions:
    1. We only allow fishing from legal sunrise to legal sunset.
    2. We only allow fishing with pole and line or rod and reel.
    3. We prohibit possession of unauthorized fishing gear, including 
trotlines, limblines, juglines, yo-yos, nets, spears, and snag hooks, 
while fishing on the refuge.
    4. We allow use of a bow and arrow or a gig to take nongame fish on 
refuge waters.
    5. We prohibit taking frog or turtle on the refuge (see Sec. 27.21 
of this chapter).
    6. We seasonally close the sanctuary area of the refuge and the 
southern unit of Sunk Lake Public Use Natural Area to the public 
November 15 through March 15.
    7. We allow the use of nonmotorized boats and boats with electric 
motors only on Sunk Lake Public Use Natural Area.

                    Reelfoot National Wildlife Refuge

    Refer to Sec. 32.36 Kentucky for regulations.

                   Tennessee National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of Canada geese 
(September season

[[Page 413]]

only) on designated areas of the refuge in accordance with State 
regulations and subject to the following conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. We require a refuge hunt permit for all hunters age 16 and older. 
We charge a fee for all hunt permits. You must possess and carry a valid 
refuge permit while hunting on the refuge.
    3. We set and publish season dates and bag limits annually in the 
refuge Public Use Regulations available at the refuge office.
    4. We prohibit hunting within 50 yards (45 m) of any building, 
public use road, or boat launching ramp.
    5. We allow access for goose hunting on the refuge 1\1/2\ hours 
before legal sunrise until 1\1/2\ hours after legal sunset.
    6. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge.
    7. We prohibit the use of horses or other animal conveyances on 
refuge hunts.
    8. Youth hunters under age 16 must remain in sight and normal voice 
contact with adult hunters age 21 or older. One adult hunter may 
supervise no more than two youth hunters.
    9. We allow the use of dogs to retrieve geese.
    10. You may use only portable blinds, and you must remove all boats, 
blinds, and decoys from the refuge at the end of each day.
    B. Upland Game Hunting. We allow hunting of squirrel and raccoon on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. The refuge is a day-use area only, with the exception of legal 
hunting/fishing activities.
    2. We require a refuge hunt permit for all hunters age 16 and older. 
We charge a fee for all hunt permits. You must possess and carry a valid 
refuge hunt permit while hunting on the refuge.
    3. We set and publish season dates and bag limits annually in the 
refuge Public Use Regulations available at the refuge office.
    4. We prohibit hunting within 50 yards (45 m) of any building, 
public use road, or boat launching ramp.
    5. We allow hunters access to the refuge from 1\1/2\ hours before 
legal sunrise to 1\1/2\ hours after legal sunset.
    6. We allow hunting for raccoon from legal sunset to legal sunrise.
    7. We prohibit the use of motorized off-road vehicles (e.g., ATVs) 
on the refuge (see Sec. 27.31(f) of this chapter).
    8. We prohibit the use of horses and other animal conveyances on 
refuge hunts.
    9. Each youth hunter (under age 16) must remain within sight and 
normal voice contact and under supervision of an adult age 21 or older. 
One adult may supervise no more than two youth hunters.
    10. We do not open for spring squirrel hunting on the refuge
    11. You may take coyote and beaver incidental to legal hunting 
activities.
    C. Big Game Hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B1 through B5, B7 through B9 (each adult may only 
supervise one youth hunter), and B11 apply.
    2. You may only participate in the refuge quota deer hunts with a 
special quota permit issued through random drawing. Information for 
permit applications is available at the refuge headquarters.
    D. Sport Fishing. We allow fishing on designated portions of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing in Swamp Creek, Sulphur Well Bay, Bennetts 
Creek, and all interior impoundments from March 16 through November 14. 
The remainder of the refuge portion of Kentucky Lake will remain open 
year-round. We allow bank fishing year-round along Refuge Lane, from the 
New Johnsonville Pump Station, and from Busseltown Pump Station areas.
    2. We limit boats to no wake speed on all refuge impoundments.
    3. We prohibit leaving boats unattended on the refuge.
    4. We allow fishing on interior refuge impoundments from legal 
sunrise to legal sunset.
    5. We close the Grassy Lake heron rookery to all public entry as 
posted November 15 through August 31.
    6. We prohibit taking frog or turtle on the refuge (see Sec. 27.21 
of this chapter).

[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; 69 FR 54362, 54454, Sept. 8, 2004; 70 FR 54191, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Season dates will be concurrent with the State for the September 
teal season, youth-

[[Page 414]]

only season, and duck and coot regular season in the Texas South Zone, 
and goose regular season in the Texas East Zone, with the exception that 
we will prohibit duck (not including the September teal and youth-only 
seasons) and coot hunting on the refuge until the last Saturday in 
October. If the State-specified duck and coot regular season opens later 
than the last Saturday in October, then hunting on the refuge will open 
consistent with the State-specified season date.
    2. You must possess and carry a signed refuge hunting permit while 
hunting on all hunt units of the refuge.
    3. Hunters may enter the refuge hunt units no earlier than 4 a.m. 
Hunting starts at the designated legal shooting time and ends at 12 p.m. 
(noon). Hunters must leave refuge hunt units by 12:30 p.m. We close 
refuge hunt units on Thanksgiving, Christmas, and New Year's Day.
    4. We allow hunting in portions of the East Unit on Saturdays, 
Sundays, and Tuesdays during the regular waterfowl season. We require 
payment of a $10.00 daily or $40.00 annual fee to hunt on the East Unit. 
All hunters must check-in and out through the check station when hunting 
the East Unit from a vehicle. We will allow a maximum of 100 hunters to 
access the East Unit by vehicle. We allow hunting in designated areas 
from East Bay Bayou, Jackson Ditch, and Onion Bayou via boat. We require 
hunters accessing the East Unit by boat from Jackson Ditch, East Bay 
Bayou, or Onion Bayou to pay the $40.00 annual fee. We prohibit access 
to the East Unit Reservoirs from Onion Bayou via boat. We prohibit use 
of motorized boats on the East Unit except on ponds accessed from 
Jackson Ditch.
    5. We allow hunting on the East Unit Special Goose Hunt Areas by 
permit on a first-come, first-served basis the morning of the hunt. 
Hunters must have goose decoys to hunt the Special Goose Hunt Areas. We 
allow a minimum of two and a maximum of six persons per permit. All 
Special Goose Hunt Area hunters must accompany a valid permit holder. 
Individuals in each group must set up and stay in their permitted area 
and stay within 50 feet (15 m) of each other unless retrieving goose.
    6. We randomly draw permits the morning of the hunt for the East 
Unit Special Duck Hunt Areas. Hunters must set up within 50 yards (45 m) 
of the post marker and must stay within 50 feet (15 m) of each other 
unless retrieving waterfowl. We allow a minimum of two and a maximum of 
six persons per permit.
    7. We allow hunting in the Pace Tract daily during the September 
teal season and regular waterfowl season.
    8. All hunters using the Oyster Bayou Boat Ramp must register at the 
main refuge entrance.
    9. We allow hunting in portions of the Middleton Tract daily during 
the September teal season and on Saturdays, Sundays, and Wednesdays of 
the regular waterfowl season. We restrict motorized boats in inland 
waters of the Middleton Tract to motors of 25 hp or less or electric 
trolling motors.
    10. Youth hunters, age 17 and younger, must be under the supervision 
of an adult age 18 or older.
    11. We only allow shotguns for waterfowl hunting.
    12. We prohibit the use of airboats, marsh buggies, ATVs (see Sec. 
27.31(f) of this chapter) and personal watercraft.
    13. On inland waters of refuge hunt areas open to motorized boats, 
we restrict the operation of motorized boats to lakes, ponds, ditches, 
and other waterways. We prohibit the operation of motorized boats on or 
through emergent wetland vegetation.
    14. On inland waters of the refuge hunt areas open to motorized 
boats, we restrict the use of boats powered by air-cooled or radiator-
cooled engines to those powered by a single engine of 25 hp or less and 
utilizing a propeller 9 inches (22.5 cm) in diameter or less.
    15. We only allow vehicular travel on designated roads and in 
parking areas. We prohibit hunting from roads and blocking access to any 
road or trail entering or on the refuge (see Sec. 27.31(h) of this 
chapter).
    16. We prohibit pits and permanent blinds. We allow portable blinds 
or temporary natural vegetation blinds. You must remove portable blinds 
(see Sec. 27.93 of this chapter) from the refuge daily.
    17. The minimum permitted distance between hunt parties is 200 yards 
(180 m).
    18. Dogs accompanying hunters must be under the immediate control of 
handlers at all times (see Sec. 26.21(b) of this chapter).
    19. You must remove all decoys, boats, spent shells, marsh chairs, 
and other equipment (see Sec. 27.93 of this chapter) from the refuge 
daily. We prohibit the use of plastic flagging, reflectors, or 
reflective tape.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We allow fishing and crabbing on shoreline areas on East 
Galveston Bay, along East Bay Bayou on the East Bay Bayou Tract, along 
West Line Road to the southern end of Shoveler Pond, and along the canal 
from the Oyster Bayou Boat Ramp to the southwest corner of Shoveler 
Pond.
    2. We only allow fishing and crabbing with pole and line, rod and 
reel, or hand-held line.
    3. We allow cast-netting for bait for personal use along waterways 
in areas open to the public and along public roads.

[[Page 415]]

    4. We prohibit the use of trotlines, setlines, bows and arrows, 
gigs, or spears.
    5. We prohibit boats and other flotation devices on inland waters. 
You may launch motorized boats into East Bay at the East Bay Boat Ramp 
on Westline Road and at the Oyster Bayou Boat Ramp (boat canal). You may 
launch nonmotorized boats along East Bay Bayou and along the shoreline 
on East Galveston Bay.

                    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 
m\2\) hunter orange including 144 square inches (936 cm\2\) 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.
    12. We prohibit hunters possessing handguns during archery and rifle 
hunts. We allow the use of archery equipment and centerfire rifles in 
accordance with State law.
    13. We only allow you to use biodegradable flagging to mark trails 
and your hunt stand location during the archery and rifle hunts on the 
refuge. We color code the flagging used each weekend during the rifle 
hunts. You must use the designated flagging color specified for 
particular hunt dates. We provide this information on the refuge hunt 
permit and in refuge regulations sent to permittees. You must remove 
flagging (see Sec. 27.93 of this chapter) at the end of the hunt.
    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.

              Balcones Canyonlands National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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.

[[Page 416]]

    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. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Season dates will be concurrent with the State for the September 
teal season, youth-only season, and duck and coot regular season in the 
Texas South Zone, and goose regular season in the Texas East Zone, with 
the exception that we will prohibit duck (not including the September 
teal and youth-only seasons) and coot hunting on the refuge until the 
last Saturday in October. If the State-specified duck and coot regular 
season opens later than the last Saturday in October, then hunting on 
the refuge will open consistent with the State-specified season date.
    2. We prohibit the building or use of pits and permanent blinds.
    3. We only allow the use of airboats in tidal navigable waters 
unless otherwise posted.
    4. We prohibit target practice on the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Brazoria National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Season dates will be concurrent with the State for the September 
teal season, youth-only season, and duck and coot regular season in the 
Texas South Zone, and goose regular season in the Texas East Zone, with 
the exception that we will prohibit duck (not including the September 
teal and youth-only seasons) and coot hunting on the refuge until the 
last Saturday in October. If the State-specified duck and coot regular 
season opens later than the last Saturday in October, then hunting on 
the refuge will open consistent with the State-specified season date.
    2. We prohibit the building of pits and permanent blinds.
    3. You must possess and carry a refuge permit to hunt on certain 
portions of the hunting area.
    4. We only allow the use of airboats in tidal navigable waters 
unless otherwise posted.
    5. We prohibit target practice on the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing in accordance with State 
regulations subject to the following conditions:
    1. We allow fishing only on Nick's Lake, Salt Lake, and Lost Lake 
and along the Salt Lake Weir Dike and the Bastrop Bayou Public Fishing 
Areas.
    2. We allow access for shore fishing at Bastrop Bayou, Clay Banks 
and Salt Lake Public Fishing Areas, and Salt Lake Weir Dike.
    3. We open Bastrop Bayou to fishing 24 hours a day; we prohibit 
camping.
    4. We open all other fishing areas from legal sunrise to legal 
sunset.
    5. We only allow nonmotorized boat launching at the Salt Lake Public 
Fishing Area. The refuge provides no other boat launching facilities.
    6. We prohibit the use of trotlines, sail lines, set lines, jugs, 
gigs, spears, bush hooks, snatch hooks, crossbows, or bows and arrows of 
any type.

                  Buffalo Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 417]]

    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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer, feral 
pig, and nilgai antelope on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We require hunters to pay a fee and obtain a refuge hunt permit. 
We issue replacement permits for an additional nominal fee. All hunt 
fees are nonrefundable. We require the hunter to possess and carry a 
signed and dated refuge hunt permit.
    2. We allow archery and firearm hunting on designated units of the 
refuge. Units 1, 2, 3, 5, 6, and 8 are open to archery hunting during 
designated dates. Units 2, 3, 5, 6, and 8 are open to firearm hunting 
during designated dates. We close the following areas to hunting: Adolph 
Thomae, Jr. County Park in Unit 3, posted ``No Hunting Zones'' within 
all hunt units, La Selva Verde Tract (Armstrong), Waller Tract, COHYCO, 
Inc. Tract, Bahia Grande Unit, and South Padre Unit.
    3. We offer hunting during specific portions of the State hunting 
season. We determine specific deer hunt dates annually, and they usually 
fall within November, December, and January. We may provide special 
feral pig and nilgai antelope hunts to reduce populations at any time 
during the year.
    4. We annually establish a specific bag limit for deer hunted on the 
refuge in the refuge hunt brochure. We have an unlimited bag limit on 
feral pig and nilgai antelope.
    5. We require hunters to visibly wear 400 square inches (2,600 
cm\2\) of hunter orange, which includes wearing a minimum of 144 square 
inches (936 cm\2\) visible on the chest, a minimum of 144 square inches 
(936 cm\2\) visible on the back, and a hunter-orange hat or cap visible 
on the head when in the field. We allow hunter-orange camouflage 
patterns. We allow archery hunters during the archery-only hunts to 
remove their hunter orange in the field only when hunting at a 
stationary location.
    6. Each youth hunter, ages 12 to 17, must be accompanied by and 
remain within sight and normal voice contact of an adult age 18 or 
older. Hunters must be at least age 12.
    7. We only allow the use of shoulder-fired muzzleloaders and rifled 
firearms. We prohibit possession of a pistol or shotgun while hunting. 
Muzzleloader firearms must be .40 caliber or larger, and modern-rifled 
firearms must be center fired and .22 caliber or larger. We prohibit 
loaded firearms (see Sec. 27.42 of this chapter) in the passenger 
compartment of a motor vehicle (we define ``loaded'' as having rounds in 
the chamber or magazine or a firing cap on a muzzleloading firearm). We 
prohibit target practice or ``sighting-in'' on the refuge.
    8. We allow a 9-day scouting period, ending 1 week prior to the 
commencement of the refuge deer hunting season. A permitted

[[Page 418]]

hunter and a limit of two nonpermitted individuals may enter the hunt 
units during the scouting period. We allow access to the units during 
the scouting period from legal sunrise to legal sunset. You must clearly 
display refuge-issued Hunter Vehicle Validation Tags/Scouting Permits 
(available from the refuge office) face up on the vehicle dashboard.
    9. We only allow hunters to enter the refuge 1 hour before legal 
shooting hours during the permitted hunt season. All hunters must check 
out daily at the refuge check station at the end of their hunt or no 
later than 1 hour after legal shooting hours.
    10. We allow vehicle parking at Unit 1 and Unit 6 designated parking 
areas and along the roadsides of General Brandt Road (FM 106), Buena 
Vista Road, Lakeside Road, and County Road (see Sec. 27.31 of this 
chapter).
    11. We restrict vehicle access to service roads not closed by gates 
or signs (see Sec. 27.31 of this chapter). You must only access hunt 
units by foot or bicycle.
    12. We allow hunting from portable stands or by stalking and still 
hunting. There is a limit of one blind or stand per permitted hunter. 
You must attach hunter identification (name, address, permit number, and 
phone number), to the blind or stand. We prohibit attaching blinds and 
stands to trees or making blinds and stands from natural vegetation (see 
Sec. Sec. 32.2(i) and Sec. 27.51 of this chapter)). You must remove 
all blinds and stands (see Sec. 27.93 of this chapter) at the end of 
the permitted hunt season.
    13. We prohibit hunting with dogs.
    14. Hunters must field-dress all harvested big game in the field and 
check the game at the refuge check station before removal from the 
refuge. You may quarter deer, feral pig, and nilgai antelope in the 
field as defined by State regulations. You may use a nonmotorized cart 
to assist with the transportation of harvested game animals.
    15. We prohibit use of or hunting from any type of watercraft or 
floating device.
    16. You must receive authorization from a refuge employee to enter 
closed refuge areas to retrieve harvested game.
    17. We require written documentation from a licensed physician to 
certify a hunter as temporarily or permanently disabled or mobility 
impaired no later than 10 calendar days before the start of the scouting 
or hunt period. We allow the use of all-terrain vehicles (ATVs), which 
excludes motorcycles and full-size passenger vehicles, for hunters with 
mobility impairments and other disabilities through the issuance of a 
Special Use Permit.
    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We only allow fishing and crabbing from Adoph Thomae Jr. County 
Park on San Martin Lake of the Bahia Grande Unit, and on the South Padre 
Island Unit year-round.
    2. We require payment of an entry fee and boat launch at Adolph 
Thomae Jr. County Park. We allow access to the park between 6 a.m. and 
10 p.m. from June through October, and between 6 a.m. and 9 p.m. from 
November through May.
    3. We only allow pole and line, rod and reel, hand line, dip net, or 
cast net for fishing. We prohibit the use of crab traps or pots for 
crabbing. Anglers must attend all fishing lines, crabbing equipment, or 
other fishing devices at all times.
    4. We prohibit the taking and use of frog, salamander, and other 
amphibian as bait.
    5. We allow the use of boats for sport fishing. You may launch boats 
at Adolph Thomae Jr. County Park. We only allow bank and wade fishing on 
the shoreline of San Martin Lake within the refuge boundary. We only 
allow access by foot behind posted refuge boundary signs.
    6. We only allow camping at Adolph Thomae Jr. County Park.

            Lower Rio Grande Valley National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of mourning, white-
winged, and white-tipped dove on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We require hunters to pay a fee and obtain a refuge hunt permit. 
All hunt fees are nonrefundable. We require hunters to possess and carry 
a signed (by permittee and an authorized refuge staff member) refuge 
hunt permit.
    2. We allow hunting on areas of the refuge during limited periods of 
the State-designated hunting season. We publish these dates in the 
refuge hunting sheet.
    3. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    4. We require hunters to be at least age 12. Youth hunters, age 17 
and younger must be under the supervision of an adult age 18 or older.
    5. We determine the location and method of hunting each year and 
publish this information in the refuge hunting sheet.
    6. We only allow parking in designated locations.
    7. We allow the use of properly trained retrievers during these 
hunts.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunters to take white-tailed deer, 
feral hog, and nilgai antelope on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Conditions A1 through A3 and A5 through A7 apply.

[[Page 419]]

    2. We annually establish bag limits for white-tailed deer based on 
survey data provided by the State. We establish no bag limits for feral 
hog or nilgai antelope.
    3. We require hunters to visibly wear 400 square inches (2,600 
cm\2\) of hunter orange, which includes wearing a minimum of 144 square 
inches (936 cm2) visible on the chest, a minimum of 144 square inches 
visible on the back, and a hunter-orange hat or cap visible on the head.
    D. Sport Fishing. [Reserved]

                    McFaddin National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Season dates will be concurrent with the State for the September 
teal season, youth-only season, and duck and coot regular season in the 
Texas South Zone, and goose regular season in the Texas East Zone, with 
the exception that we will prohibit duck (not including the September 
teal and youth-only seasons) and coot hunting on the refuge until the 
last Saturday in October. If the State-specified duck and coot regular 
season opens later than the last Saturday in October, then hunting on 
the refuge will open consistent with the State-specified season date.
    2. You must possess and carry a signed refuge hunting permit while 
hunting on all hunt units of the refuge.
    3. Hunters must enter the refuge hunt units between 4 a.m. and \1/2\ 
hour before the designated legal shooting time. Hunting starts at legal 
shooting time and ends at 12 p.m. (noon). Hunters must leave refuge hunt 
units by 12:30 p.m. We close refuge hunt units on Thanksgiving, 
Christmas, and New Year's Day.
    4. You may access hunt areas by foot, nonmotorized watercraft, 
outboard motorboat, or airboat. Airboats may not exceed 10 hp with 
direct drive with a propeller length of 48 inches (120 cm) or less. 
Engines may not exceed 2 cylinders and 484 cc. We prohibit all other 
motorized vehicles. We prohibit marsh buggies, ATVs, and personal 
watercraft (see Sec. 27.31(f) of this chapter).
    5. On inland waters of the refuge open to motorized boats, we 
restrict the use of boats powered by air-cooled or radiator-cooled 
engines to those powered by a single engine of 25 hp or less and 
utilizing a propeller 9 inches (22.5 cm) in diameter or less.
    6. On inland waters of the refuge open to motorized boats, we 
restrict the operation of motorized boats to lakes, ponds, ditches, and 
other waterways. We prohibit the operation of motorized boats on or 
through emergent wetland vegetation.
    7. We allow hunting in the Central Hunt Units daily during the 
September teal season and on Saturdays, Sundays, and Tuesdays of the 
regular waterfowl season.
    8. We only allow hunting in the Spaced Hunt Units on Saturdays, 
Sundays, and Tuesdays of the regular waterfowl season. We require 
payment of a $10.00 daily fee to hunt the Spaced Hunt Units. We allow a 
maximum of four hunters per area. Hunters must possess and carry Special 
Fee Area Permits while hunting.
    9. We allow daily hunting in the Mud Bayou Hunt Unit during the 
September teal season and on Sundays, Wednesdays, and Fridays of the 
regular waterfowl season. We allow access by foot from the beach on 
Middleton Levee, or by boat from the Gulf Intracoastal Waterway via Mud 
Bayou.
    10. Each youth hunter (age 17 and younger) must remain within sight 
and normal voice contact of an adult age 18 or older.
    11. We only allow shotguns for waterfowl hunting.
    12. We only allow vehicular travel on designated roads and in 
parking areas. We prohibit blocking access to any road or trail entering 
or on the refuge (see Sec. 27.31(h) of this chapter).
    13. We prohibit pits and permanent blinds. We allow portable blinds 
or temporary natural vegetation blinds. You must remove portable blinds 
(see Sec. 27.93 of this chapter) from the refuge daily.
    14. The minimum permitted distance between hunt parties and between 
hunters and driveable roads and buildings is 200 yards (180 m). We 
prohibit hunting from roads or levees.
    15. Dogs accompanying hunters must be under the immediate control of 
handlers at all times (see Sec. 26.21(b) of this chapter).
    16. You must remove all decoys, boats, spent shells, marsh chairs, 
and other equipment (see Sec. Sec. 27.93 and 27.94 of this chapter) 
from the refuge daily. We prohibit use of plastic flagging, reflectors, 
or reflective tape on the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We only allow fishing and crabbing with pole and line, rod and 
reel, or handheld line.
    2. We allow cast netting for bait for personal use along waterways 
in areas open to the public and along public roads.
    3. We prohibit the use of trotlines, setlines, bows and arrows, 
gigs, or spears in inland waters.
    4. We allow fishing and crabbing in 10-Mile Cut and Mud Bayou and in 
the following inland waters: Star Lake and Clam Lake. We also allow 
fishing and crabbing from the shoreline of the Gulf Intracoastal 
Waterway and along roadside ditches.
    5. Conditions A5 and A6 apply.

[[Page 420]]

                  San Bernard National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Season dates will be concurrent with the State for the September 
teal season, youth-only season, and duck and coot regular season in the 
Texas South Zone, and goose regular season in the Texas East Zone, with 
the exception that we will prohibit duck (not including the September 
teal and youth-only seasons) and coot hunting on the refuge until the 
last Saturday in October. If the State-specified duck and coot regular 
season opens later than the last Saturday in October, then hunting on 
the refuge will open consistent with the State-specified season date.
    2. We prohibit the building or use of pits and permanent blinds (see 
Sec. Sec. 27.92 and 27.93 of this chapter).
    3. We require permits and payment of fees for the Sargent Permit 
Waterfowl Hunt, Big Pond Hunt Area, and Light Goose Conservation Order 
Season Permit Hunt Area. Hunters must abide by all terms and conditions 
set by the permits.
    4. We only allow the use of airboats in tidal navigable waters 
unless otherwise posted.
    5. We prohibit target practice on the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow fishing only on the refuge portions of Cow Trap Lakes, 
Cedar Lakes, and along Cedar Lake Creek.
    2. We prohibit the use of trotlines, sail lines, set lines, jugs, 
gigs, spears, bush hooks, snatch hooks, crossbows, or bows and arrows of 
any type.

                  Texas Point National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Season dates will be concurrent with the State for the September 
teal season, youth-only season, and duck and coot regular season in the 
Texas South Zone, and goose regular season in the Texas East Zone, with 
the exception that we will prohibit duck (not including the September 
teal and youth-only seasons) and coot hunting on the refuge until the 
last Saturday in October. If the State-specified duck and coot regular 
season opens later than the last Saturday in October, then hunting on 
the refuge will open consistent with the State-specified season date.
    2. Hunters must possess and carry a signed refuge hunting permit 
while hunting on the refuge.
    3. Hunters must enter the refuge hunt unit between 4 a.m. and \1/2\ 
hour before the designated legal shooting time. Hunting starts at legal 
shooting time and ends at 12 p.m. (noon). Hunters must be off refuge 
hunt units by 12:30 p.m. We close refuge hunt units on Thanksgiving, 
Christmas, and New Year's Day.
    4. We allow hunting in portions of the refuge daily during the 
September teal season and on Saturdays, Mondays, and Wednesdays during 
the regular waterfowl season.
    5. You may access hunt areas by foot, nonmotorized watercraft, 
outboard motorboat, or airboat. Airboats may not exceed 10 hp with 
direct drive with a propeller length of 48 inches (120 cm) or less. 
Engines may not exceed 2 cylinders and 484 cc. We prohibit all other 
motorized vehicles. We prohibit marsh buggies, ATVs, and personal 
watercraft (see Sec. 27.31(f) of this chapter).
    6. On inland waters of the refuge open to motorized boats, we 
restrict the use of boats powered by air-cooled or radiator-cooled 
engines to those powered by a single engine of 25 hp or less and 
utilizing a propeller 9 inches (22.5 cm) in diameter or less.
    7. On inland waters of the refuge open to motorized boats, we 
restrict the operation of motorized boats to lakes, ponds, ditches, and 
other waterways. We prohibit the operation or motorized boats on or 
through emergent wetland vegetation.
    8. Each youth hunter (age 17 and younger) must remain within sight 
and normal voice contact of an adult age 18 or older.
    9. We only allow shotguns for waterfowl hunting.
    10. We only allow vehicle travel on designated roads and in 
designated parking areas (see Sec. 27.31 of this chapter). We prohibit 
blocking access to any road or trail entering or on the refuge (see 
Sec. 27.31(h) of this chapter).
    11. We prohibit pits and permanent blinds. We allow portable binds 
or temporary natural vegetation blinds. You must remove portable blinds 
(see Sec. Sec. 27.93 and 27.94 of this chapter) from the refuge daily.
    12. The minimum distance between hunt parties is 200 yards (180 m). 
We prohibit hunting from roads or levees.
    13. Dogs accompanying hunters must be under the immediate control of 
handlers at all times (see Sec. 26.21(b) of this chapter).
    14. You must remove all decoys, boats, spent shells, marsh chairs, 
and other equipment (see Sec. Sec. 27.93 and 27.94 of this chapter) 
from the refuge daily. We prohibit use of plastic flagging, reflectors, 
or reflective tape on the refuge.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]

[[Page 421]]

    D. Sport Fishing. We allow fishing and crabbing on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We only allow fishing and crabbing in inland waters with pole and 
line, rod and reel, or handheld line.
    2. We only allow cast netting for bait by individuals along 
waterways in areas open to the public and along public roads.
    3. We prohibit the use of trotlines, setlines, bows and arrows, 
gigs, or spears in inland waters.
    4. Conditions A6 and A7 apply.

                 Trinity River National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We only allow hunting on Champion Lake by drawing.
    2. We require an application fee for participants to enter the 
drawing. After the State announces hunting dates, we will issue a refuge 
permit to those drawn. The hunter must possess and carry the permit at 
all times when hunting.
    3. We only allow hunting on Champion Lake Saturdays and Sundays 
during the State duck season. Hunters may not enter the refuge until 5 
a.m. and must be off the hunt area by 12 p.m. (noon).
    4. We only allow portable blinds. Hunters must remove all blinds, 
decoys, shell casings, and other personal equipment (see Sec. Sec. 
27.93 and 27.94 of this chapter) from the refuge each day.
    5. We limit motors to 10 hp or less.
    6. We allow retrievers, but they must be under the immediate control 
of the hunter at all times.
    7. Each youth hunter (age 17 and under) must remain within sight and 
normal voice contact and under supervision of an adult age 18 or older.
    8. Hunt parties must keep a minimum distance of 150 yards (135 m) 
between them.
    B. Upland Game Hunting. We allow hunting for squirrel and rabbit on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We require participants to pay an application fee to enter the 
hunt permit drawing. We issue a refuge permit to the individuals whose 
names are drawn. Successful participants must possess and carry these 
permits at all times. Permits are nontransferable.
    2. We allow hunting during a designated 23-day season. Hunters may 
enter the refuge and park in an assigned parking area no earlier than 
4:30 a.m. We allow hunting from \1/2\ hour before legal sunrise to legal 
sunset. We require hunters to return a data log card.
    3. We prohibit hunting along refuge roads.
    4. We prohibit the use of dogs, feeders, baiting (see Sec. 
32.2(h)), campsites, fires (see Sec. 27.95(a) of this chapter), horses, 
bicycles, and all-terrain vehicles.
    5. We restrict weapons to shotguns and rimfires.
    6. Youth hunters age 17 and younger must be under the direct 
supervision of an adult age 18 or older.
    7. The minimum distance we allow between hunt parties is 200 yards 
(180 m). We require hunters to visibly wear 400 square inches (2,600 cm 
\2\) of hunter-orange, which includes wearing a minimum of 144 square 
inches (936 cm \2\) visible on the chest, a minimum of 144 square inches 
visible on the back, and a hunter orange hat or cap visible on the head.
    C. Big Game Hunting. We allow hunting of white-tailed deer and feral 
hog on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions B1, B2, B4, B6, and B7 apply.
    2. We only allow temporary blinds. We prohibit hunting or blind 
erection along refuge roads.
    3. We restrict weapon type used depending on unit hunted. We publish 
this information on the refuge permit (you must possess and carry) and 
in the refuge hunt brochure.
    D. Sport Fishing. We allow fishing on most refuge tracts in 
accordance with State regulations subject to the following conditions:
    1. We only allow fishing with pole and line, rod and reel, or hand-
held line.
    2. We prohibit the use of trotlines, setlines, bows and arrows, 
gigs, spears, fish traps, crab/crawfish traps or nets.
    3. We prohibit the harvesting of frog or turtle (see Sec. 27.21 of 
this chapter).
    4. We allow fishing from legal sunrise to legal sunset.
    5. We limit motors to a maximum of 10 hp. We prohibit fishing or 
enter within 200 yards (180 m) of an established bird rookery from March 
through the end of June. Check at refuge headquarters for rookery 
locations.

[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; 69 FR 54362, 54457, Sept. 8, 2004; 69 FR 55995, Sept. 17, 
2004; 70 FR 54192, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and tundra

[[Page 422]]

swan on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Hunters may not shoot or hunt within 100 yards (90 m) 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. You may enter the refuge 2 hours before legal sunrise and must 
exit the refuge by 2 hours after legal sunset. We prohibit leaving 
decoys, boats, vehicles, and other personal property on the refuge 
overnight (see Sec. 27.93 of this chapter).
    6. Hunters may only park in designated parking sites.
    7. Any person entering, using or occupying the refuge for waterfowl 
hunting must abide by all the terms and conditions in the Refuge Hunting 
Brochure.
    8. 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.
    9. You may only possess 10 shells while hunting on or within 50 feet 
(15 m) from the center of Unit 1A or 2C dike.
    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. Migratory Game Bird Hunting. 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]

                     Ouray National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of duck, coot, and 
goose within Leota Bottom in accordance with State regulations subject 
to the following conditions:
    1. We prohibit hunting within 100 yards (90 m) of the Green River in 
Leota Bottom.
    2. We close the Green River within the refuge boundaries to hunting.
    3. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    4. We prohibit pits and permanent blinds.
    5. You may use portable blinds or blinds constructed of natural dead 
vegetation (see Sec. 27.51 of this chapter).
    6. You must remove all decoys, shell casings, portable and temporary 
blinds, and other personal equipment (see Sec. Sec. 27.93 and 27.94 of 
this chapter) from the refuge at the end of each day.
    7. We prohibit operation of a gas-powered boat or vehicle within 
Leota Bottom.
    8. We prohibit possession or consumption of any alcoholic beverage 
while hunting (see Sec. 32.2(j)).
    9. During hunting season the refuge is open from 1\1/2\ hours before 
legal sunrise to 1\1/2\ hours after legal sunset. We gate and lock the 
main entrance on the west side of the Green River during closed hours.
    10. We prohibit possession of a loaded firearm in your vehicle. You 
must unload, case, or dismantle all firearms (see Sec. 27.42 of this 
chapter) when traveling through the refuge.
    B. Upland Game Hunting. We allow hunting of pheasants within Leota, 
Johnson, Brennan, and portions of Wyasket Bottoms (the southern portion 
of Wyasket Bottom and all of Woods Bottom are leased Ute Tribal lands 
that require special permitting by the Ute Tribe) in accordance with 
State regulations subject to the following conditions:
    1. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    2. We prohibit hunting the islands and sandbars within the Green 
River.
    3. We prohibit hunting pheasants with a shotgun capable of holding 
more than three shells.

[[Page 423]]

    4. We prohibit hunting of turkey and quail.
    C. Big Game Hunting. We allow hunting of mule deer within Leota, 
Johnson, Brennan, and the northern portion of Wyasket Bottom (the 
southern portion of Wyaket Bottom and all of Woods Bottom are leased Ute 
Tribal lands that require special permitting by the Ute Tribe) in 
accordance with State regulations subject to the following conditions:
    1. You may hunt with the aid of a temporary tree stand that does not 
require drilling or nailing into the tree.
    2. You must remove your tree stand (see Sec. 27.93 of this chapter) 
no later than the last day of the hunting season for which you have a 
tag.
    3. We prohibit hunting on the islands and sandbars within the Green 
River.
    4. We prohibit hunting of pronghorn and elk.
    D. Sport Fishing. We allow sport fishing within and on the banks of 
the Green River (the southernmost portion of the Green River within the 
Refuge Boundary requires a Ute Tribe fishing permit) in accordance with 
State regulations subject to the following conditions:
    1. We prohibit fishing on or from the diked interior impoundments or 
canals.
    2. You may only fish with the aid of a pole, hook, and line. We 
prohibit trot lines, bow and arrows, spears, spear guns, cross bows, and 
firearms.
    3. You must release unharmed any of the four endangered fish if 
caught (razorback sucker, Colorado pike minnow, humpbacked chub, or 
bonytailed chub).

[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; 69 FR 54362, 54462, Sept. 8, 2004]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
brant, merganser, coot, woodcock, and snipe in accordance with State 
regulations subject to the following conditions:
    1. Waterfowl--For the hunting of goose, brant, duck, merganser, and 
coot we divide the refuge into six discrete waterfowl hunting units: the 
Delta Lakeshore Area, the Saxes Pothole/Creek and Shad Island Area, the 
Junior Waterfowl Hunting Area (including Long Marsh Bay, Patrick Marsh, 
and Charcoal Creek), the Long Marsh Channel and Metcalfe Island Area, 
and the Maquam Swamp Area. Conditions for each area are as follows:
    i. Delta Lakeshore Area includes lakeshore areas from Shad Island to 
the south side of Martindale Point but does not include Saxes Pothole/
Creek and Shad Island Pothole.
    a. We prohibit blind staking, permanent blinds, or unattended 
decoys.
    b. We prohibit jump shooting within 200 yards (180 m) of a party 
hunting from a boat or blind.
    c. We do not require a refuge permit to hunt in this area.
    d. This area is available to youth waterfowl hunters on Youth 
Waterfowl Hunting Weekend.
    e. We prohibit entering closed areas of the refuge for any reason, 
except for the recovery of legally harvested animals, and in that case 
you may not carry a weapon (see Sec. 27.42(a) of this chapter).
    f. Unarmed hunters may scout open hunting areas before a particular 
season opens but in no case before September 1. We do not require a 
hunting permit for scouting.
    ii. Maquam Shore Area encompasses a 30-acre area along the lakeshore 
of Maquam Bay and is bounded by private land on the west and a Vermont 
wildlife management area on the east. a. Conditions A1i(a-f) apply.
    iii. Saaxes Pothole/Creek and Shad Island Pothole encompasses Saxes 
Creek, Saxes Pothole, and Shad Island Pothole. This is a controlled 
hunting area. We stake and make available five zones (numbered 1-5) to 
five hunting parties in Saxe's Pothole, zone 6 is staked and available 
to one hunting party in Shad Island Pothole.
    a. A hunting party consists of the hunter named on the permit and 
one guest hunter per zone per day. Nonhunters may accompany a hunting 
party.
    b. Each hunting party must possess and carry a permit for the 
specific zone on the specific day they are hunting in this area. Permits 
are not transferable.
    c. You may obtain permits for the period from the opening day of 
duck hunting season through the first Sunday of the duck hunting season, 
and for the second weekend of the duck hunting season through 
application to a preseason lottery. During the years when the State 
elects to have a split season, you may also obtain your permits for the 
second opening day through the following Sunday through application to 
the preseason lottery. On all other hunt days, you must acquire permits 
through self-registration at the Mac's Bend Landing no earlier than 2 
hours before legal shooting time on the day of the hunt.
    d. Hunters selected during the preseason lottery must pay a $10 fee. 
The refuge must receive the fee no earlier than 2 days before the 
opening of the season or forfeit the permit, which we will then make 
available to

[[Page 424]]

other hunters on a first-come, first-served basis. The fee is paid for 
any permit assigned before the day of the hunt. There is no fee for any 
permit obtained on the day of the hunt.
    e. On those days that we draw permits by preseason lottery, hunters 
must sign in at the Mac's Bend Landing by 7 a.m. before going to the 
assigned zone. After 7 a.m. other hunters may sign in, self-register, 
and use unoccupied zones.
    f. At the end of each daily hunt, you must sign out and deposit a 
report of hunt success at the Mac's Bend Landing. When you sign out, 
another party may sign in and use the vacated zone. You must sign out of 
a zone at Mac's Bend Landing prior to occupying a different hunting site 
in any of the controlled hunting areas.
    g. You must hunt within 100 feet (30 m) of a numbered stake 
corresponding to your assigned zone. We prohibit jump shooting.
    h. You must use a retrieving dog.
    i. You may only possess approved nontoxic shot shells (see Sec. 
32.2(k)) in quantities of 25 or less per day.
    j. This area is open on a first-come, first-served basis to youth 
waterfowl hunters during the annual 2-day special Youth Waterfowl 
Hunting Weekend conducted in late September. We will hold no preseason 
drawing and assess no fee, however, youth hunters must self-register and 
submit a report of their hunt.
    k. We prohibit entering closed areas of the refuge for any reason, 
except for the recovery of legally harvested animals, and in that case 
we prohibit carrying a weapon (see Sec. 27.42(a) of this chapter).
    l. Unarmed hunters may scout open hunting areas before a particular 
season opens but in no case before September 1. We do not require a 
hunting permit for scouting.
    iv. Junior Waterfowl Hunting Area encompasses Long Marsh Bay, 
Patrick Marsh and that portion of Charcoal Creek south of Vermont Route 
78. This is a controlled hunting area. We establish 11 blind sites for 
use by junior waterfowl hunters, blind sites 4-8 in Long Marsh Bay, 
blind sites C-F in Charcoal Creek, and blind sites A-B in Patrick Marsh.
    a. Junior waterfowl hunters (ages 12-15, inclusive, at the time of 
the hunt) following successful completion of the annual training program 
(usually held the third or fourth Saturday in August) vie for blind site 
assignments during a lottery drawing at the conclusion of the training. 
The 11 blind sites are available exclusively to these junior waterfowl 
hunters and their mentors the first 4 Saturdays and Sundays of the duck 
season.
    b. As an incentive to the adult volunteers who serve as mentors to 
junior waterfowl hunters, they will vie for blind site assignments 
during a lottery drawing at the conclusion of the annual junior 
waterfowl hunter training for the use of blind sites in the junior hunt 
area on the first Wednesday following the second weekend of the season. 
This day is known as Mentor Day. We will collect no fee from mentors for 
this hunt day. We will make available blinds not assigned because of 
this lottery to other adult hunters via a preseason lottery.
    c. Following the use of the blind sites in this area by junior 
hunters and junior hunter mentors, all blind sites are then available to 
all adult hunters by permit awarded via a preseason lottery for the 
second Wednesday following the second weekend of the duck season; and on 
weekends following the junior hunt by a first-come, first-served, self-
registration, and permitting basis at the refuge headquarters.
    d. Hunters, including junior hunters, with preregistered permits 
must sign in at refuge headquarters no later than 7 a.m. on the date of 
their scheduled hunt. After 7 a.m. other hunters may sign in, self-
register, and use unoccupied blind sites. Only junior hunters may hunt 
on the first 4 Saturdays and Sundays of the season.
    e. Each junior hunter must possess and carry a free permit for the 
assigned blind site and day. On Mentor Day, mentors must also possess 
and carry this free permit for the assigned blind site. Each adult 
hunting party must possess and carry a permit for the blind site and day 
they are hunting. Permits are not transferable.
    f. The mentor must accompany the junior hunter who completed the 
training program with him or her. We include the mentor on the permit 
assigned to the junior hunter. A mentor may simultaneously oversee up to 
two junior hunters at one blind site.
    g. Each adult hunter, except mentors on Mentor Day, must pay $10 for 
each permit issued because of the preseason lottery. Permits acquired by 
self-registration are free.
    h. Only junior hunters may discharge a firearm in this area during 
the junior hunt periods.
    i. We allow and recommend hunting from portable blinds and boat 
blinds constructed and place by the refuge for the junior waterfowl 
hunting program at some of the blind sites. Junior hunters, with the 
approval of the refuge manager, may construct stationary blinds and 
leave them in place for the duration of the season. Otherwise, we 
prohibit permanent blinds.
    j. All hunting must take place within 100 feet (30 m) of the stake 
marking the blind area. We prohibit jump shooting.
    k. This area is available to refuge-trained junior waterfowl hunters 
during the Youth Waterfowl Hunting Weekend in late September.
    l. Shooting hours are from legal opening time until 11 a.m.

[[Page 425]]

    m. Hunters must deposit the Hunt Success Report portion of their 
permit at refuge headquarters at the end of the hunt.
    n. A small flat-bottom boat, car-top boat, or canoe is necessary for 
access to Charcoal Creek and Patrick Marsh blind sites. Access is 
available at the Charcoal Creek crossing on Vermont Route 78 or from a 
pulloff on Route 78 about 3/4 of a mile (1.2 km) east of the Charcoal 
Creek access.
    o. You may only possess approved nontoxic shot shells (see Sec. 
32.2(k)) in quantities of 25 or less per day.
    p. A hunting party consists of the hunter named on the permit and 
one guest hunter per blind site per day. Junior hunters may not invite a 
guest hunter unless it another refuge-trained junior hunter. Nonhunters 
may accompany a hunting party.
    q. You must use at least six decoys.
    r. We prohibit entry to closed areas of the refuge for any reason, 
except for the recovery of legally harvested animals, and in that case 
you may not carry a weapon (see Sec. 27.42(a) of this chapter).
    s. Unarmed hunters may scout open hunting areas before a particular 
season opens but in no case before September 1. We do not require a 
hunting permit for scouting.
    v. Long Marsh Channel and Metcalfe Island encompasses the Metcalfe 
Island Pothole and Long Marsh Channel. This is a controlled hunting 
area. We established three blind sites, designated 1-3, in Long Marsh 
Channel. We established three blind sites, designated 8-10, on Metcalfe 
Island.
    a. We will limit hunting to Tuesdays, Thursdays, and Saturdays 
throughout the waterfowl hunting season for duck.
    b. You may obtain permits for the first 5 days of the duck season 
through application to a preseason lottery. The procedure described in 
the Saxes Pothole/Creek and Shad Island controlled hunt area apply. 
Following the first 5 days, hunters may acquire permits on a first-come, 
first-served basis with self-service permitting and sign in at the Mac's 
Bend Landing, no more than 2 hours before legal shooting time.
    c. Hunters selected during the preseason lottery must pay a $10 fee. 
The refuge must receive the fee no less than 2 days before the opening 
of the season or the permit will be forfeited and made available first 
to standby hunters identified at the time of the drawing, and second to 
other hunters on a first-come, first-served basis. The fee is paid for 
any permit assigned before the day of the hunt. There is no fee for any 
permit obtained on the day of the hunt.
    d. On those days that we draw permits by preseason lottery, hunters 
must sign in at the Mac's Bend Landing by 7 a.m. before going to the 
assigned zone. After 7 a.m., other hunters may sign in, self-register, 
and use unoccupied zones.
    e. Shooting hours will be from \1/2\ hour before legal sunrise until 
11 a.m.
    f. At the end of each daily hunt, you must sign out and deposit a 
report of hunt success at the Mac's Bend Landing. When a party signs 
out, another party may sign in and use the vacated zone. Hunters must 
sign out of a zone at Mac's Bend Landing prior to occupying a different 
hunting site in any of the controlled hunting areas.
    g. You must hunt within 100 feet (30 m) of a numbered stake 
corresponding to your assigned zone.
    h. You must use a retrieving dog.
    i. You may only possess approved nontoxic shot shells (see Sec. 
32.2(k)) in quantities of 25 or less per day.
    j. We prohibit permanent blinds.
    k. We prohibit jump shooting.
    l. You must use at least six decoys.
    m. You must use a boat to hunt at each of these blind sites.
    n. This area is open on a first-come, first-served basis to youth 
waterfowl hunters during the annual 2-day special Youth Waterfowl 
Hunting Weekend conducted in late September. We will hold no preseason 
drawing and assess no fee, however, youth hunters must self-register and 
submit a report of their hunt.
    o. We will close this area to waterfowl hunting during split seasons 
when goose are the only waterfowl that hunters may legally take.
    p. We prohibit entry to closed areas of the refuge for any reason, 
except for the recovery of legally harvested animals, and in that case 
you may not carry a weapon (see Sec. 27.42 of this chapter).
    q. Unarmed hunters may scout open hunting areas before a particular 
season opens but in no case before September 1. We do not require a 
hunting permit for scouting.
    vi. Marquam Swamp Area encompasses about 200 acres (80 ha) west of 
the Central Vermont Railroad and south of Coleman's inholding and is 
open to migratory bird hunting with the following special requirements:
    a. Conditions A1ia and A1ic through A1 if apply.
    b. You must use a retrieving dog.
    c. We prohibit hunting within the area encompassing the headquarters 
nature trail. We identify this area with ``No Hunting Zone'' signs.
    2. Other migratory birds (including woodcock and common snipe):
    i. The open area consists of the Delta Lakeshore Waterfowl Hunting 
Area excluding the Saxe's Creek/Pothole and Shad Island Pothole 
controlled areas.
    ii. You may hunt woodcock and snipe in the Maquam Swamp Area, but 
you must have a retriever.
    iii. We do not require a permit to hunt woodcock and snipe in these 
areas.

[[Page 426]]

    iv. Conditions A1ie and A1if apply.
    B. Upland Game Hunting. We allow hunting of cottontail rabbits, 
snowshoe hare, ruffed grouse, and gray squirrels on open areas of the 
refuge (designated in B2 below) in accordance with State regulations 
subject to the following conditions:
    1. You must obtain a permit at refuge headquarters prior to hunting, 
and you must hold a valid State hunting license. We will collect a $10 
fee for each permit issued. The permit applies for the calendar year of 
issue.
    2. You may pursue upland game: east of the Missisquoi River and 
north of Goose Bay Pool (as indicated by public hunting area signs), on 
Shad Island, on all refuge lands west of Tabor Road, and on all refuge 
lands between Tabor Road and the Central Vermont Railroad bed to the 
east, except the marked area encompassing the headquarters nature trail 
and the land east of Charcoal Creek and north of the marked boundary 
near Coleman's inholding. We mark the headquarters trail area with ``No 
Hunting Zone'' signs.
    3. We only allow shotguns or muzzleloaders on open areas east of the 
Missisquoi River and on Shad Island.
    4. You must use approved nontoxic shot (see Sec. 32.2(k)) for the 
shotgun hunting of all upland game species except deer.
    5. We prohibit hunting from the end of snowshoe hare and rabbit 
season through September 1.
    6. We require you to submit an annual report of the results of your 
hunt by December 31. Failure to do so will result in denial of a permit 
the following year.
    7. We prohibit entry into closed areas of the refuge for any reason, 
except for the recovery of legally harvested animals, and in that case 
you may not carry a weapon (see Sec. 27.42(a) of this chapter).
    8. Unarmed hunters may scout open hunting areas before a particular 
season opens but in no case before September 1. We do not require a 
hunting permit for scouting.
    C. Big Game Hunting. We allow hunting of white-tailed deer in 
accordance with State regulations subject to the following conditions;
    1. We prohibit hunting of bear, moose, or turkey.
    2. You must obtain a permit at refuge headquarters prior to hunting, 
and you must hold a valid State hunting license. We will collect a $10 
fee for each permit issued. The permit applies for the calendar year of 
issue. Permits issued to youth hunters (licensed hunters age 16 and 
under) for the Youth Deer Hunting Weekend are free.
    3. You may pursue deer during State-designated archery and regular 
firearms seasons: east of the Missisquoi River and north of Goose Bay 
Pool (as indicated by public hunting area signs), on Shad Island, on all 
refuge lands west of Tabor Road, and on all refuge lands between Tabor 
Road and the Central Vermont Railroad bed to the east, except the marked 
safety zone encompassing the headquarters nature trail and the land east 
of Charcoal Creek and north of the marked boundary near Coleman's 
inholding.
    4. We only allow shotguns, muzzleloaders, or archery equipment on 
open areas east and north of Vermont Route 78. We prohibit rifles in 
these areas at any time.
    5. During the State-designated muzzleloader season and Youth Deer 
Hunting Weekend, you may hunt the entire area north of the line of 
public hunting area signs west of Mudgett Island, and all of Metcalfe 
Island, in addition to the open areas described in C3 above.
    6. During the State regular firearms season, Youth Deer Hunting 
Weekend, and muzzleloader big game season, you must wear in a visible 
manner on head, chest, and back a minimum of 400 square inches (2,600 
cm\2\) of solid-colored, hunter-orange clothing or material.
    7. You may use portable tree stands in accordance with State 
regulations guiding their use on State Wildlife Management Areas. We 
require written approval from the refuge manager on your big game 
hunting permit prior to leaving a stand or blind unattended. We prohibit 
permanent stands and blinds (see Sec. 27.93 of this chapter).
    8. Conditions B6, B7, and B8 apply.
    D. Sport Fishing. We allow fishing on areas described below in 
accordance with State regulations subject to the following conditions:
    1. We allow sport fishing by boat in the west branch, east branch 
and main channel of the Missisquoi River, Dead Creek, and shallow water 
areas of the Missisquoi River delta from Goose Bay to Charcoal Creek 
(north of Vermont Route 78) with the following exceptions:
    i. We close the following areas from ice out to July 15--Goose Bay, 
Saxes Creek and Pothole, Metcalfe Island Pothole, Long Marsh Channel, 
and Clark Marsh.
    ii. We close the following areas from Labor Day to December 31--Long 
Marsh Bay and Long Marsh Channel.
    2. We allow bank fishing along Charcoal Creek where it passes under 
Route 78, and along the shoreline of the Missisquoi River from refuge 
headquarters to Mac's Bend boat launch. Bank fishing is accessible only 
by foot along the Missisquoi River from Louie's Landing to Mac's Bend.
    3. We prohibit fishing from any dike or from within any water 
management unit or any other area not specifically designated as being 
open under D1 and D2 above.
    4. We allow ice fishing in open areas described in D1 above.
    5. We allow bow fishing from a boat on refuge waters that are open 
to fishing as described in D1 above.

[[Page 427]]

    6. We prohibit taking fish with firearms within refuge boundaries.
    7. We allow boat launching from Louie's Landing year-round. We allow 
boat launching from Mac's Bend boat launch area from September through 
November inclusive.
    8. Anglers may collect minnows in accordance with State regulations 
from refuge open fishing areas for personal use. We prohibit collection 
of more than 2 quarts (1.9 l) per day from the refuge.
    9. We authorize commercial bait dealers to take and transport 
minnows in excess of 2 quarts (1.9 l) per day only after acquiring a 
refuge Special Use Permit that will contain the following special 
conditions:
    i. We require a $35 fee for the Special Use Permit.
    ii. The permittee must possess and carry a Commercial Bait Dealer's 
Permit from the Vermont Commissioner of Fish.
    iii. Excessive fish mortality and waste, as determined by the refuge 
manager, will result in revocation of the Special Use Permit and denial 
of future permit applications.
    iv. The permittee must remove all traps and holding cages (see Sec. 
27.93 of this chapter) within 1 week of permanent freeze up.
    v. The Special Use Permit must be in the possession of the permittee 
or an employee of the permitee on site while on the refuge and is not 
transferable to another individual or party.
    vi. The Special Use Permit does not grant or imply permission to 
obstruct any refuge road, parking area, boat launch, or waterway at any 
time.
    vii. The permittee must keep all equipment used clean so as not to 
introduce aquatic nuisance species. The permittee must not clean or 
empty tanks and other equipment used into refuge waters.
    viii. Failure to comply with conditions of the Special Use Permit 
will result in its revocation and the denial of future permit 
applications.

[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; 69 FR 54362, 54462, Sept. 8, 2004]



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. Migratory Game Bird Hunting. [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 in accordance with State 
regulations subject to the following conditions:
    1. We close the refuge to all other public uses beginning at legal 
sunrise on the first Saturday of October through legal sunset of the 
following Saturday.
    2. We require a Special Use Hunting Permit. You must carry the 
signed permit on your person while hunting. We issue permits on the day 
of the hunt at the Refuge Check Station.
    3. We only allow shotguns 20 gauge or larger (loaded with buckshot 
or rifled slugs) and bow and arrow. We prohibit possession of loaded 
firearms (see Sec. 27.42 of this chapter) or nocked arrows on refuge 
roads and Refuge Proclamation Waters.
    4. We prohibit the use of dogs to hunt deer or feral hog.
    5. You must be at least age 18 to hunt without an accompanying, 
qualified adult. Youths between ages 12 and 18 may only hunt when 
accompanied by a licensed nonhunting adult who is age 21 or older.
    6. You must visibly wear a minimum of 400 square inches (2,600 
cm\2\) of solid-colored, blaze-orange material on your head, chest, and 
back (the equivalent of a hat and vest for each hunter).
    7. We reserve Hunting Zone 5 for use by nonambulatory hunters. We 
define a ``nonambulatory'' hunter as ``any person who presents a medical 
doctor's written statement that said person is permanently unable to 
walk.'' Zone 5 will be available to the general public only when 
nonambulatory hunters are not present.
    8. We will decide reservations for hunt days and zones by a 
computerized lottery at the refuge headquarters in mid-September. You 
may obtain a hunt application by calling the Back Bay Refuge 
headquarters at (757) 721-2412 during August.
    9. We restrict scouting to the week prior to the refuge hunt. We 
restrict access to hunting zones to travel by bicycle or on foot. Scouts 
must wear 400 square inches (2,600 cm\2\) of visible blaze orange. We 
prohibit weapons see Sec. 27.42(a) of this chapter) during scouting. 
Scouts must notify refuge staff daily prior to both entering and leaving 
a hunt zone.
    10. You must register at the Refuge Entrance Fee Booth between 4 
a.m. and 5 a.m. on the day of the hunt. After 5 a.m., we will allow 
standby hunters to fill vacant slots in a separate lottery. All hunters 
must check out at the Check Station no later than 6 p.m.
    11. Transportation to Hunt Zone 7 (Long Island) is only by car-top 
boat (canoe, punt, row-boat, etc.) or from the canoe/kayak launch at 
refuge headquarters. Hunter-provided boats must meet Coast Guard safety 
requirements. We prohibit boats on trailers.
    12. A Safety Zone runs from the Check Station to north of the 
headquarters parking lot. We prohibit hunting or discharging of

[[Page 428]]

firearms/bow and arrows within the Safety Zone. We prohibit retrieval of 
crippled game from a No Hunting Area or Safety Zone without the consent 
of the refuge employee on duty at the Check Station.
    13. You must use safety belts at all times while you are in a tree 
stand.
    14. We close the ``Hacking Tower'' in Hunt Zone 3 to public access.
    D. Sport Fishing. We allow fishing, noncommercial crabbing, and 
clamming on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We close all areas within the hunting zones, as well as the 
refuge oceanfront, to fishing, crabbing, and clamming during the annual 
refuge white-tailed deer and feral hog hunt, beginning at legal sunrise 
on the first Saturday in October through legal sunset of the following 
Saturday.
    2. You must attend all fishing lines and crab pots at all times.
    3. We prohibit on-site cleaning of fish.
    4. We prohibit the taking of amphibian, reptile, marine mammal, 
aquatic invertebrate, or any other marine organism from refuge lands or 
waters.
    5. We allow sportfishing, crabbing, and clamming access to Back Bay 
from the refuge headquarters parking lot only by foot, bicycle, and 
hand-launched, nontrailered boat.
    6. We only allow surf fishing, crabbing, and clamming south of the 
refuge's beach access ramp.
    7. For sportfishing in D Pool and at Horn Point:
    i. We only allow fishing from the docks or banks. We prohibit boats, 
canoes, or kayaks on refuge pools and impoundments.
    ii. We prohibit live minnows or other live bait fish for fishing in 
refuge pools and impoundments.
    iii. We require barbless or flattened hooks for all fishing.
    iv. Smallmouth bass, largemouth bass, and pickerel are catch-and-
release only. The daily creel limit for D Pool for other species is a 
maximum combination of any 10 fish.
    v. Parking for mobility-impaired visitors is available adjacent to 
the dock at D Pool. We require all other visitors to hike or bicycle.

                  Chincoteague National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory duck, 
goose, swan, coot, and rail on Thursdays, Fridays, and Saturdays during 
the State seasons on designated areas of the refuge within Wildcat 
Marsh, Morris Island, Assawoman Island, and Metompkin Island Divisions 
in accordance with State regulations subject to the following 
conditions:
    1. You must possess and carry while hunting on the refuge written 
authorization from the refuge. You may obtain hunting brochures 
containing an application for permission to hunt from the refuge 
administration building during normal business hours. The refuge 
administration office has available hunting brochures containing 
application procedures, seasons, bag limits, methods of hunting, maps 
depicting areas open to hunting, and the terms and conditions under 
which we issue hunting permits.
    2. Each youth hunter (under age 18) must remain within sight and 
normal voice contact and under direct supervision of an adult age 18 or 
older. The supervising adult must also possess and carry a State hunting 
license and a refuge permit.
    3. You may only access hunting areas by boat.
    4. You may only possess approved nontoxic shot (see Sec. 32.2(k)) 
while hunting duck, goose, swan, coot, and rail.
    5. You may erect portable blinds and deploy decoys, but you must 
remove the blinds and decoys (see Sec. 27.93 of this chapter) daily.
    6. You may use trained dogs to assist in the retrieval of harvested 
birds.
    7. You must complete a harvest report card, provided by the refuge, 
after each hunt period. You must return the harvest report card to the 
refuge within 15 days of your permitted hunt.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of white-tailed deer and sika 
in designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. General hunt information:
    i. You must possess and carry a refuge permit. We issue the permits 
based on a computer lottery system. You may obtain permit applications 
from the refuge administration office during normal business hours. 
Hunting brochures containing hunting application procedures, seasons, 
bag limits, methods of hunting, maps depicting areas open to hunting, 
and the terms and conditions under which we issue hunting permits are 
available from the refuge administration office.
    ii. You must be age 12 or older to hunt on the refuge. An adult age 
18 or older must accompany hunters under age 18. The supervising adult 
must also possess and carry a State hunting license and refuge permit.
    iii. You must attend a hunt orientation. We conduct orientations 
beginning at 10 a.m. Sundays and Wednesdays throughout the hunt season. 
We allow scouting from 11 a.m. to 6 p.m. following each orientation.
    iv. You must sign in at the hunter registration station prior to 
entering your hunt zone and sign out upon exiting your hunt zone. All 
hunters must sign out no later than 2 hours after the end of the hunt 
day.
    v. You must check all harvested animals at the refuge's official 
check station.

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    vi. You must make a reasonable effort to recover wounded animals 
from the field and must notify the check station personnel immediately 
if you are not able to recover a wounded animal.
    vii. We prohibit crossing water management areas unless you are 
retrieving a harvested animal.
    viii. We prohibit use of a boat, all-terrain vehicle, bicycle, or 
saddled animal to access or travel within your hunt zone (see Sec. 
27.31(f) of this chapter).
    ix. We allow the use of a portable tree stand.
    2. Archery hunt information:
    i. We allow hunting of white-tailed deer and sika with bow and arrow 
in designated areas of the refuge.
    ii. You may not nock an arrow within 50 feet (15 m) of the 
centerline of any road.
    iii. During the sika archery season, you may take up to five sika 
daily, two of which may be antlered. In addition, you may take 
antlerless white-tailed deer in accordance with State regulations.
    iv. We prohibit deer drives.
    v. You must print your full name in a permanent manner near the 
fletching on each arrow shaft used for hunting.
    vi. We reserve Zone 2 for hunters confined to wheelchairs. Hunters 
confined to wheelchairs must remain on the paved trail or overlook 
platform on Woodland Trail. Hunters confined to wheelchairs who require 
assistance retrieving or dressing harvested animals must have a 
nonhunting assistant available.
    3. Firearm hunt information:
    i. We allow hunting of white-tailed deer and sika with firearms in 
designated areas of the refuge.
    ii. You must wear a minimum of 400 square inches (2,600 cm\2\) of 
visible blaze-orange material consisting of a vest and hat or a jacket 
and hat.
    iii. You may use any firearm allowed by State law in designated 
areas of the refuge. We restrict other areas of the refuge to shotgun 
and muzzleloading firearms only. We restrict shotgun ammunition to 
slugs, 00 buckshot, or 000 buckshot. You must unload and either case or 
disassemble firearms (see Sec. 27.42(b) of this chapter) in vehicles.
    iv. We prohibit possession of a loaded firearm within 50 feet (15 m) 
of the centerline of any road.
    v. During the sika firearm season, you may take up to five sika 
daily, two of which may be antlered. In addition, hunters may take 
antlerless white-tailed deer in accordance with State regulations on the 
first day of designated white-tailed deer hunt periods. If you take an 
antlerless white-tailed deer on the first day of your hunt, you may take 
antlered white-tailed deer or any sika, not to exceed prescribed bag 
limits, on the second day of your hunt period. If you do not take an 
antlerless white-tailed deer on the first day of your hunt period, you 
may only take antlerless white-tailed deer or any sika, not to exceed 
prescribed bag limits, on the second day of your hunt period.
    vi. You must have a 4-wheel drive vehicle to hunt in zones 10, 10a, 
and Tom's Cove Hook. All oversand vehicles must carry a shovel, jack, 
tow rope or chain, board or similar support for the jack, and a low 
pressure tire gauge.
    vii. We reserve zone 2 for hunters confined to wheelchairs. Those 
hunters must remain on the paved trail or overlook platform on Woodland 
Trial. They may use any firearm allowed by State law while hunting from 
the overlook platform. We restrict other areas of the zone to shotgun 
and muzzleloading firearms only. Hunters confined to wheelchairs who 
require assistance retrieving and/or dressing harvested animals must 
have a nonhunting assistant available.
    D. Sport Fishing. We allow sport fishing, crabbing, and clamming 
from the shoreline of the refuge in designated areas of Tom's Cove, 
Swan's Cove, and the Atlantic Ocean in accordance with State regulations 
subject to the following conditions:
    1. You may not enter any water management areas.
    2. You must attend minnow traps, crab traps, crab pots, and 
handlines at all times.
    3. You must possess and carry a refuge permit to surf fish after 
hours while fishing.

           Eastern Shore of Virginia National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow archery and shotgun hunting of white-
tailed deer on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. There are 12 days of archery and 7 days of shotgun hunting that 
occur during the State hunting season.
    2. You must hunt white-tailed deer in designated zones. You must 
possess and carry a refuge permit to hunt that serves as your pass to 
enter your hunt zone. The permit fee is $15.00 for each hunt.
    3. You must be at least age 18 to hunt without an accompanying, 
qualified adult. Youth hunters between ages 12 and 17 may only hunt when 
accompanied by an adult age 21 or older who must possess and carry a 
valid hunting license. The minimum age for hunters is 12.
    4. You must sign in before entering the hunt zone and sign out upon 
leaving the zone.
    5. We allow portable tree stands, but you must remove them (see 
Sec. 27.93 of this chapter) at the end of each day. You must use safety 
straps while in tree stands. We prohibit tree

[[Page 430]]

stands attached with nails, wire, screws, or bolts (see Sec. 32.2(i)).
    6. You must bring all deer harvested to the refuge check station 
before the end of hunt day for inspection by refuge personnel.
    7. We prohibit the use of organized drives for taking or attempting 
to take game.
    8. We prohibit nocked arrows in your vehicle or outside your hunt 
zone.
    9. For the firearm hunt, we allow shotgun hunting in zones 1-4. We 
allow archery hunting in zone 5 during the firearm season.
    10. We only allow shotguns, 20 gauge or larger, loaded with buckshot 
during the firearm season.
    11. During the firearm hunt, you must wear a minimum of 400 square 
inches (2,600 cm \2\) of a blaze-orange material consisting of a hat and 
vest or jacket. Blaze-orange camouflage is not acceptable.
    12. You must unload and case or disassemble firearms see Sec. 
27.42(b) of this chapter) in vehicles.
    D. Sport Fishing. [Reserved]

               Great Dismal Swamp National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer and bear on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. You must possess and carry a refuge permit.
    2. We allow shotguns, 20 gauge or larger, loaded with buckshot and/
or rifled slugs, and bows and arrows.
    3. We prohibit dogs.
    4. We require all hunters to wear 400 square inches (2,600 cm \2\) 
of solid-colored, hunter-orange clothing or material in a visible manner 
during firearms big game season.
    5. We require hunters to sign in and out each hunt day.
    6. We prohibit possession of loaded firearms (see Sec. 27.42 of 
this chapter) (ammunition in the chamber, magazine, or clip), or loaded 
bow on or within 50 feet (15 m) of a refuge road, including roads closed 
to vehicles.
    7. We prohibit hunters to shoot onto or across refuge roads, 
including roads closed to vehicles.
    D. Sport Fishing. We allow fishing in designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We only allow fishing in Lake Drummond and in the Feeder Ditch on 
the east side of Lake Drummond during daylight hours.
    2. We prohibit bank fishing.
    3. You must attend all fishing lines.
    4. We require permits for vehicular access to the boat ramp on 
Interior Ditch Road on the west side of Lake Drummond.

                  James River National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 
subject to the following conditions:
    1. We require firearm hunters to purchase a refuge hunt permit at 
the Refuge Hunter Check Station on the morning of each hunt on a first-
come, first-served basis. The hunter must possess and carry the permit 
while on refuge property.
    2. We require archery hunters to purchase a refuge hunt permit by 
mail by the designated application deadline. The hunter must possess and 
carry the permit while on refuge property.
    3. We allow the use of shotguns (20 gauge or larger, loaded with 
buckshot only), muzzleloaders, and bows and arrows on designated refuge 
hunt days.
    4. You may take two deer of either sex per day.
    5. We prohibit dogs.
    6. We only allow portable tree stands that you must remove (see 
Sec. 27.93 of this chapter) at the end of each hunt day.
    7. During firearms season, all hunters must wear in a visible manner 
on head, chest, and back a minimum of 400 square inches (2,600 cm\2\) of 
solid-colored, hunter-orange clothing or material.
    8. During archery only season, archers must wear in a visible manner 
a solid-colored, hunter-orange hat or cap while moving to and from their 
stand.
    9. We require that firearm hunters remain within 25 feet (7.5 m) of 
their assigned stand unless tracking or retrieving a wounded deer.
    10. We allow hunters to retrieve wounded deer from closed areas with 
prior consent from a refuge employee only.
    11. We require hunters to unload all weapons while on the refuge 
(see Sec. 27.42(b) of this chapter), except when at their assigned 
stand.
    12. We prohibit the discharge of firearm or archery equipment across 
or within refuge roads, including roads closed to vehicles.
    13. You must be at least age 18 to hunt without an accompanying, 
qualified adult. Youth hunters between ages 12 and 17 may only hunt when 
accompanied by an adult age 21 or older, who must also possess and carry 
a valid hunting license. The minimum age for hunters is 12.
    D. Sport Fishing. [Reserved]

                 Mackay Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]

[[Page 431]]

    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. Hunters must sign and carry a Refuge Deer Hunting Permit while 
hunting on the refuge.
    2. We allow the use of shotguns, muzzleloading rifles/shotguns, and 
bows. We prohibit the use of all other rifles and pistols.
    3. We allow access to hunting areas from 5 a.m. until 8 p.m.
    4. We prohibit marking of trees or vegetation (see Sec. 27.51 of 
this chapter) with blazes, flagging, or other marking devices.
    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. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State and County regulations subject to 
the following conditions:
    1. You must possess and carry a refuge permit.
    2. We select hunters by lottery. Contact the refuge office for 
information on application dates.
    3. We send applicants an information packet detailing specific 
dates, details, and requirements for the hunt, including, but not 
limited to: hunt dates, hunt areas, bag restrictions, weapon 
certification requirements and locations, orientation dates/times, 
scouting date(s), check station location, and maps.
    4. Hunters must certify/qualify weapons and ammunition and attend an 
orientation session prior to issuance of a permit.
    5. Hunters must wear a minimum of 400 square inches (2,600 cm \2\) 
of visible solid hunter-orange clothing and a hunter-orange hat.
    6. We may close areas of the refuge to hunting. We will identify 
these areas on the maps in the information packet and review them during 
orientation.
    D. Sport Fishing. [Reserved]

                  Occoquan Bay National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State and County regulations subject to 
the following conditions:
    1. You must possess and carry a refuge permit.
    2. We select hunters by lottery. Contact the refuge office for 
information on application dates.
    3. We send applicants an information packet detailing specific 
dates, details, and requirements for the hunt, including, but not 
limited to: hunt dates, hunt areas, bag restrictions, weapon 
certification requirements and locations, orientation dates/times, 
scouting date(s), check station location, and maps.
    4. Hunters must certify/qualify weapons and ammunition and attend an 
orientation session prior to issuance of a permit.
    5. Hunters must wear a minimum of 400 square inches (2,600 cm \2\) 
of visible solid hunter-orange clothing and a hunter-orange hat.
    6. We may close areas of the refuge to hunting. We will identify 
these areas on the maps in the information packet and review them during 
orientation.
    D. Sport Fishing. [Reserved]

                Plum Tree Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of waterfowl, 
gallinule, and coot on designated areas of the refuge in accordance with 
State regulations subject to the following conditions:
    1. You must possess and carry a signed Special Use Hunting Permit 
while hunting waterfowl on the refuge. We only open the Cow Island area 
of the refuge to waterfowl hunting. We close all other areas of the 
refuge to all public entry.
    2. We limit hunting parties to three individuals hunting at one 
blind site.
    3. You may hunt from: the location of your choice, unimproved shore 
locations, camouflaged boats (float blinds) anchored to the shore, or 
temporary blinds erected on the interior of the island.
    4. We prohibit permanent blinds/structures on the refuge.
    5. We prohibit jump-shooting.
    6. Except for peak use days, we restrict waterfowl hunting to three 
mornings per week: Tuesday, Thursday, and Saturday mornings until 12 
p.m. (noon) local time. We prohibit hunting on Sundays, Mondays, 
Wednesdays, and Fridays.
    7. On all hunt days, hunters must retrieve and remove all decoys, 
temporary blinds, and equipment and leave Cow Island by 1 p.m. (see 
Sec. Sec. 27.93 and 27.94 of this chapter).
    8. We define peak use days as the waterfowl season opening days and 
some Federal holidays. We will define peak use dates for the current 
season after the State establishes its waterfowl hunting season(s).
    9. You must secure reservations by telephone (call 804-829-9020 
weekdays between 8 a.m. and 4:30 p.m.) no more than 4 workings days 
prior to your desired hunt date. We will issue the first five callers 
for those days a

[[Page 432]]

reservation number that they must possess and carry while hunting on 
their reserved date.
    10. No more than two other hunters may accompany hunters with 
reservations, and they must hunt as a party from the same blind.
    11. Youth Waterfowl Hunt Day: We will open Cow Island for the youth 
waterfowl hunt as per State regulations. Youth hunters must also possess 
and carry a signed refuge Special Use Hunting Permit.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                   Presquile National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 
subject to the following conditions:
    1. We require hunters to purchase a refuge hunt permit. You may 
obtain permits by contacting the Charles City office at (804) 829-9020. 
The hunter must possess and carry the signed permit while on refuge 
property.
    2. We allow the use of shotguns (20 gauge or larger, loaded with 
buckshot and/or rifled slugs).
    3. You may take two deer of either sex per day.
    4. We prohibit dogs.
    5. We allow only portable tree stands that hunters must remove at 
the end of each hunt day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    6. We require hunters to wear in a conspicuous manner on head, 
chest, and back a minimum of 400 square inches (2,600 cm2) of solid-
colored, hunter-orange clothing or material.
    7. We require hunters to remain within 25 feet (7.5 m) of their 
designated stand unless tracking or retrieving a wounded deer.
    8. We require all hunters to unload all firearms while on the 
refuge, except when at their assigned stand (see Sec. 27.42(b) of this 
chapter).
    9. You must be at least age 18 to hunt without an accompanying, 
qualified adult. Youth hunters between ages 12 and 17 may only hunt when 
accompanied by an adult age 21 or older who must also possess and carry 
a valid hunting license. The minimum age for hunters is 12.
    D. Sport Fishing. [Reserved]

           Rappahannock River Valley National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 
subject to the following conditions:
    1. We require hunters to purchase a refuge hunt permit. You may 
obtain permits by contacting the refuge headquarters at (804) 333-1470. 
The hunter must possess and carry the permit while on refuge property.
    2. We allow shotgun, muzzleloader, and archery hunting on designated 
refuge hunt days.
    3. We allow the take of two deer of either sex per day.
    4. We prohibit dogs.
    5. We allow only portable tree stands that hunters must remove at 
the end of each hunt day (see Sec. Sec. 27.93 and 27.94 of this 
chapter).
    6. During firearm seasons, all hunters must wear in a visible manner 
on head, chest, and back a minimum of 400 square inches (2,600 cm\2\) of 
solid-colored, hunter-orange clothing or material.
    7. During archery only season, archers must wear in a visible manner 
a solid-colored, hunter-orange hat or cap while moving to and from their 
stand.
    8. We prohibit the possession of loaded firearms or nocked arrows 
while on the refuge roads.
    9. We require hunters to unload all weapons while traveling between 
the hunting sites (see Sec. 27.42(b) of this chapter).
    10. We prohibit the discharge of a firearm or archery equipment 
across or within refuge roads, including roads closed to vehicles.
    11. We allow hunters to retrieve wounded deer from closed areas only 
with prior consent from a refuge employee.
    12. You must be at least age 18 to hunt without an accompanying, 
qualified adult. Youth hunters between ages 12 and 17 may only hunt when 
accompanied by an adult age 21 or older who must also possess and carry 
a valid hunting license. The minimum age for hunters is 12.
    D. Sport Fishing. We allow fishing on designated areas of Wilna Pond 
in Richmond County subject to the following conditions:
    1. We allow fishing access from legal sunrise to legal sunset.
    2. We allow fishing from the Wilna Pond pier, banks of the dam, and 
watercraft. We prohibit fishing from the aluminum catwalk.
    3. During the period when we open the Wilna Tract for deer hunting, 
we will close it to all other uses, including fishing.
    4. We prohibit fishing by any means other than by use of one or more 
attended poles with hook and line attached.
    5. We prohibit the use of lead sinkers.
    6. We require catch and release fishing only for largemouth bass. 
Anglers may take other finfish species in accordance with State 
regulations.
    7. We prohibit the take of any reptile, amphibian, or invertebrate 
species for use as bait or for any other purpose.
    8. We prohibit the use of live minnows as bait.

[[Page 433]]

    9. We prohibit use of boats propelled by gasoline motors, sail, or 
mechanically operated paddle wheel. We only permit car-top boats; and we 
prohibit trailers.
    10. Prescheduled environmental education field trips will have 
priority over other uses, including sport fishing, on the Wilna Pond 
pier at all times.

                 Wallops Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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 
subject to the following conditions:
    1. You must possess and carry a refuge permit. We issue permits 
based on a computer lottery system. You may obtain permit applications 
from the refuge administration office during normal business hours. 
Hunting brochures containing application procedures, seasons, and maps 
depicting areas open to hunting are available from the refuge 
administration office. You must provide an unobstructed view of the 
refuge permit on the vehicle's dashboard while hunting on the refuge.
    2. You must be age 12 or older to hunt on the refuge. An adult age 
18 or older must accompany and directly supervise hunters under age 18. 
The supervising adult must also possess and carry a State hunting 
license and refuge permit.
    3. You must sign in at the hunter registration station prior to 
entering your hunt zone and sign out upon exiting your hunt zone. You 
must sign out no later than two hours after the end of the hunt day.
    4. You must wear a minimum of 400 square inches (2,600 cm \2\) of 
blaze-orange material consisting of a vest and hat or a jacket and hat.
    5. You may use of portable tree stands.
    6. We prohibit dogs.
    7. You must park your vehicle in designated areas (see Sec. 27.31 
of this chapter).
    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; 68 FR 57318, Oct. 2, 2003; 69 FR 
54362, 54465, Sept. 8, 2004; 70 FR 54194, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and Wilson's snipe on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. We only allow hunting on Wednesdays, Saturdays, Sundays, and 
Federal holidays on Marsh Unit 1 and Farm Units 226-227.
    2. Prior to entering the Farm Unit 226-227 hunt area, we require you 
to possess and carry a refuge permit, pay a recreation user fee, and 
obtain a blind assignment.
    3. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Hunting of Upland Game Birds. We allow hunting of ring-necked 
pheasant, California quail, gray partridge, and chukar on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We only allow hunting of upland game birds during State upland 
game seasons that run concurrently with the State waterfowl season.
    2. We allow hunting from 12 p.m. (noon) to legal sunset on 
Wednesdays, Saturdays, Sundays, and Federal holidays in Marsh Unit 1.
    3. Condition A3 applies.
    C. Big Game Hunting. We allow hunting of mule deer and white-tailed 
deer on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We only allow shotgun and archery hunting.
    2. We only allow hunting during State deer seasons that run 
concurrently with the State waterfowl season.
    3. Condition A3 applies.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. On waters open to fishing, we only allow fishing from April 1 to 
September 30, with the exception of Falcon, Heron, Goldeneye, Corral, 
Blythe, Chukar, and Scaup Lakes that are open year-round.
    2. We allow nonmotorized boats and boats with electric motors on 
Upper and Lower Hampton, Hutchinson, and Shiner Lakes.
    3. We allow motorized boats and nonmotorized boats on all other 
refuge waters open to fishing.
    4. We allow frogging during periods when we allow fishing on 
designated waters.
    5. We allow catch-and-release fishing using artificial flies with a 
single barbless hook on Quail Lake.

[[Page 434]]

                  Conboy Lake National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of dove, goose, 
duck, coot, and common snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. Waterfowl and snipe hunters may possess only approved nontoxic 
shot while in the field (see Sec. 32.2(k)).
    2. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
condition: Condition A2 applies.
    D. Sport Fishing. [Reserved]

                   Dungeness National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, mourning dove, and common snipe on the Wahluke Unit of the 
Monument/Refuge in accordance with State regulations subject to the 
following conditions:
    1. You may only possess approved nontoxic shot while on the refuge 
(see Sec. 32.2(k)).
    2. We allow access from 2 hours before legal sunrise to 2 hours 
after legal sunset. We prohibit overnight camping and/or parking.
    3. We prohibit permanent and pit blinds and the cutting of 
vegetation (see Sec. 27.51 of this chapter). You must remove all blind 
materials, decoys, and other equipment (see Sec. 27.93 of this chapter) 
at the end of each day.
    4. We only allow nonmotorized boats and boats with electric motors 
on the WB-10 Pond (Wahluke Lake) and with walk-in access only.
    5. We prohibit shooting or discharging any firearm from, across, or 
along a public highway, designated route of travel, road, road shoulder, 
road embankment, or designated parking area.
    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. Condition A5 applies.
    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. Condition A5 applies.
    D. Sport Fishing. We allow fishing on the Wahluke Unit in accordance 
with State regulations subject to the following conditions:
    1. We allow access from 2 hours before legal sunrise to 2 hours 
after legal sunset. We prohibit overnight camping and/or parking.
    2. We allow nonmotorized boats and boats with electric motors on the 
WB-10 Ponds and with walk-in access only.

     Julia Butler Hansen Refuge for the Columbian White-Tailed Deer

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, and common snipe on designated areas of the Hunting Island Unit in 
accordance with State regulations subject to the following conditions:
    1. You may possess only approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    2. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. We allow hunting of elk on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We conduct the refuge hunt by State permit only. We require 
hunters to possess and carry current Washington State elk licenses, 
valid for the refuge's hunt unit.
    2. We allow a maximum of ten hunters to use the refuge in any one 
day, with one hunt period consisting of 5 consecutive days (Monday 
through Friday only).
    3. We allow a maximum of four hunt periods per hunt season; two 
regular permit hunts, and if required, two ``as needed'' permit hunts.
    4. We will use the State Second Elk Tag As-Needed hunt program as 
necessary to control elk numbers during months outside the normal 
hunting season, except we prohibit hunting during the period April 
through August.
    5. The State will publish the hunting dates, number of permits to be 
issued, and other regulations for the refuge hunt in the State's

[[Page 435]]

Big Game hunting pamphlet. You may also obtain this information by 
contacting the refuge headquarters.
    6. We allow hunting of elk using muzzleloading firearms only.
    7. We require hunters to attend a refuge-specific orientation 
session each year prior to hunting on the refuge.
    8. We allow hunting on Mondays through Fridays only. We close the 
refuge to hunting on weekends and Federal holidays.
    9. We require hunters to sign in and out each day at the refuge 
headquarters. When signing out for the day, you must report hunting 
success, failure, and any hit-but-not retrieved animals.
    10. No more than one unlicensed person may assist each licensed 
hunter during the hunt.
    11. Additional persons may assist hunters during elk retrieval only.
    12. We prohibit hunters from operating motorized vehicles on the 
refuge.
    13. Condition A2 applies.
    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. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We prohibit waterfowl hunting on any creek or stream.
    2. We allow hunting during approved State hunting seasons occurring 
September through December and during the State spring wild turkey 
season only. We prohibit hunting and discharge of firearms during all 
other periods.
    3. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. We allow hunting of upland game on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit use of dogs except for hunting and retrieving upland 
game birds.
    2. Conditions A2 and A3 apply.
    C. Big Game Hunting. We allow hunting of big game on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We prohibit all use of dogs for hunting of big game.
    2. Conditions A2 and A3 apply.
    D. Sport Fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations.

                     McNary National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, dove, and common snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We only allow vehicles on designated routes of travel and require 
hunters to park in designated parking areas (see Sec. 27.31 of this 
chapter). We prohibit off-road vehicle travel and all use of ATVs (see 
Sec. 27.31(f) of this chapter).
    2. We only allow portable blinds and temporary blinds constructed of 
natural materials.
    3. We allow dove hunting in accordance with State regulations on the 
Wallula, Burbank Sloughs, Stateline, Juniper Canyon, Peninsula, and Two 
Rivers Units only.
    4. The McNary Fee Hunt Unit is only open on Wednesdays, Saturdays, 
Sundays, Thanksgiving Day, and New Year's Day from 5 a.m. to 1\1/2\ 
hours after legal sunset.
    5. Prior to entering the McNary Fee Hunt Unit, we require you to 
possess and carry a refuge permit, pay a recreation user fee, and obtain 
a blind assignment before hunting.
    6. On the McNary Fee Hunt Unit, we only allow hunting from assigned 
blind sites and require hunters to remain within 100 feet (30 m) of 
marked posts unless retrieving birds or setting decoys. We allow a 
maximum of four persons per blind site.
    7. On the McNary Fee Hunt Unit, you may only possess approved 
nontoxic shotshells (see Sec. 32.2(k)) in quantities of 25 or less per 
day.
    8. On the Wallula Unit, we prohibit hunting within \1/4\ mile (.4 
km) of the Walla Walla Delta or Crescent Island from February 1 through 
September 30.
    9. On the Peninsula Unit, we allow waterfowl hunting subject to the 
following conditions:
    i. On the east shoreline of the Peninsula Unit, we only allow 
hunting from established numbered blinds sites, assigned on a first-
come, first-served basis. We require hunters to remain within 100 feet 
(30 m) of marked posts unless retrieving birds or setting decoys.
    ii. On the west shoreline of the Peninsula Unit, we require hunters 
to space themselves a minimum of 200 yards (180 m) apart.
    10. We close the furthest downstream refuge island (Columbia River 
mile 341-343) in the Hanford Islands Division to hunting.
    11. On the Peninsula and Two Rivers Units, we close Casey Pond to 
all hunting.
    12. We close Strawberry Island in the Snake River to all hunting.

[[Page 436]]

    13. We close Badger and Foundation Islands in the Columbia River to 
all hunting.
    14. You may not shoot or discharge any firearm from, across, or 
along a public highway, designated route of travel, road, road shoulder, 
road embankment, or designated parking area.
    B. Upland Game Hunting. We allow hunting of upland game birds on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. On the McNary Fee Hunt Unit, we only allow hunting of upland game 
birds on Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas 
Day, and New Year's Day. We prohibit hunting until 12 p.m. (noon) of 
each hunt day.
    2. On the Peninsula Unit, we prohibit upland game hunting before 12 
p.m. (noon) on goose hunt days.
    3. We only allow turkey hunting on the Wallula Unit.
    4. We close all islands of the Hanford Islands Division to hunting.
    5. Condition A14 applies.
    C. Big Game Hunting. We allow hunting of deer only on the Stateline, 
Juniper Canyon, and Wallula Units in accordance with State regulations 
subject to the following conditions:
    1. On the Wallula Unit, we only allow shotgun and archery hunting.
    2. Condition A14 applies.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations.

                   Nisqually National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing and shellfishing on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We allow fishing from boats outside the Brown Farm Dike and 
outside the Research Natural Area.
    2. We allow bank fishing in the designated McAllister Creek Bank 
Fishing Area from legal sunrise to legal sunset. The 3/4-mile (1.2 km) 
area of bank fishing is located \1/2\ mile (.8 km) downstream from I-5 
and allowed only along the east side of the creek. Anglers may reach 
this area either by foot from the refuge parking lot or by boat.
    3. We prohibit bank fishing along the Nisqually River.
    4. We prohibit fishing in any waters inside the Brown Farm Dike.
    5. We allow shellfishing on the tideflats. Access is by boat or by 
foot from the Luhr Beach Boat Launch. We prohibit tideflat access from 
the Brown Farm Dike.
    6. We prohibit boat launching on the refuge.

                   Ridgefield National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, and 
coot on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. We allow hunting by special refuge permit only. You must possess 
and carry the special refuge permit at all times while hunting.
    2. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. We allow fishing and frogging on designated areas 
of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We allow fishing and frogging from March 1 through September 30 
only.
    2. We allow fishing and frogging from legal sunrise to legal sunset 
only.

                   Toppenish National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, dove, and common snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We open the refuge from 5 a.m. to 1\1/2\ hours after legal 
sunset.
    2. We only allow vehicles on designated routes of travel and require 
hunters to park in designated parking areas (see Sec. 27.31 of this 
chapter). We prohibit off-road vehicle travel and all use of ATVs (see 
Sec. 27.31(f) of this chapter).
    3. We only allow dove hunting on the Webb, Petty, Halvorson, 
Chambers, and Isiri Units.
    4. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less per day.
    5. On the Petty, Isiri, Chamber, and Cloe Units, we allow hunting 7 
days a week subject to the following condition: We require hunting 
parties to space themselves a minimum of 200 yards (180 m) apart.
    6. On the Halvorson and Webb Units, we only allow hunting on 
Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day. On these units, we allow hunting only from designated field 
pits, and we prohibit jump shooting.
    7. On the Robbins Road Unit, we only allow hunting on Tuesdays, 
Thursdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day.
    8. On the Robbins Road and Pumphouse Units, we only allow hunting 
from numbered field blind sites, and hunters must only park their 
vehicles at the numbered post corresponding to the numbered field blind 
site they are using (see Sec. 27.31 of this chapter).

[[Page 437]]

Selection of parking sites/numbered posts is on a first-come, first-
served basis at the designated parking lot. We prohibit free-roam 
hunting or jump shooting, and you must remain within 100 feet (30 m) of 
the numbered field blind post unless retrieving birds or setting decoys. 
We allow a maximum of four persons per blind site.
    9. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. We allow hunting of upland game birds on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. On all refuge units, we prohibit hunting of upland game birds 
until 12 p.m. (noon) of each hunt day.
    2. On the Halvorson and Webb Units, we only allow hunting on 
Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day.
    3. On the Robbins Road Unit, we only allow hunting on Tuesdays, 
Thursdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day.
    4. Condition A9 applies.
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                    Umatilla National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
coot, dove, and common snipe on designated areas of the refuge in 
accordance with State regulations subject to the following conditions:
    1. We open the refuge from 5 a.m. to 1\1/2\ hours after legal 
sunset.
    2. We only allow vehicles on designated routes of travel and require 
hunters to park in designated parking areas (see Sec. 27.31 of this 
chapter). We prohibit off-road vehicle travel and all use of ATVs (see 
Sec. 27.31(f) of this chapter).
    3. We only allow portable blinds and temporary blinds constructed of 
natural materials.
    4. You may only possess approved nontoxic shotshells (see Sec. 
32.2(k)) in quantities of 25 or less per day.
    5. On the Paterson Slough and Whitcomb Units, we only allow hunting 
on Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and 
New Year's Day.
    6. In the refuge ponds within the Paterson Slough area, we only 
allow nonmotorized boats and boats with electric motors.
    7. On the Ridge Unit, we only allow shoreline hunting and prohibit 
all hunting from boats.
    8. We require waterfowl hunting parties to space themselves a 
minimum of 200 yards (180 m) apart.
    9. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.
    B. Upland Game Hunting. We allow hunting of upland game birds on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit hunting of upland game birds until 12 p.m. (noon) of 
each hunt day.
    2. In the Paterson Slough and Whitcomb Units, we only allow hunting 
on Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and 
New Year's Day.
    3. Condition A9 applies.
    C. Big Game Hunting. We allow hunting of deer on designated areas of 
the refuge in accordance with State regulations subject to the following 
conditions:
    1. We allow hunting by special refuge permit only. You must possess 
and carry the special refuge permit at all times while hunting.
    2. Condition A9 applies.
    D. Sport Fishing. We allow fishing on designated areas of the refuge 
in accordance with State regulations subject to the following 
conditions:
    1. We open the refuge from 5 a.m. to 1\1/2\ hours after legal 
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.

                    Willapa National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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.
    7. You may not shoot or discharge any firearm from, across, or along 
a public highway, designated route of travel, road, road shoulder, road 
embankment, or designated parking area.

[[Page 438]]

    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.
    5. Condition A7 applies.
    C. Big Game Hunting. We allow hunting of deer, elk, and bear on Long 
Island, and deer and elk only on designated areas of the refuge north of 
the Bear River and east of Wallapa Bay, in accordance with State 
regulations 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. We prohibit bear hunting on any portion of the refuge except Long 
Island.
    4. We prohibit dogs.
    5. Condition A7 applies.
    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; 69 FR 
54362, 54469, Sept. 8, 2004; 70 FR 54195, Sept. 13, 2005]



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. Migratory Game Bird Hunting. We allow hunting of goose, duck, 
rail, coot, gallinule, mourning dove, snipe, and woodcock on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. We require each hunter to possess and carry a signed refuge 
hunting permit, State hunting license, and driver's license (or other 
photo identification card) at all times while hunting on the refuge. The 
refuge hunting permit is free, and you may obtain it at the refuge 
headquarters. We require each hunter to submit a survey form at the end 
of the hunting season. Hunters must submit survey forms to the refuge 
headquarters if they wish to receive a hunting permit the following 
year.
    2. We allow hunting on most refuge lands with the following 
exceptions: the area surrounding the refuge headquarters, areas marked 
as safety zones, areas marked as no hunting zones, areas marked as 
closed to all public entry, or within 500 feet (150 m) of any dwelling.
    3. We prohibit the building or use of permanent blinds.
    4. The refuge closes 1 hour after legal sunset, including parking 
areas. We prohibit hunters from leaving decoys and other personal 
property on the refuge.
    5. We allow the use of dogs for hunting migratory game birds. We 
require all dogs to wear a collar displaying the owner's name, address, 
and telephone number.
    6. We prohibit dog training except during legal hunting seasons.
    7. We require hunters accessing the refuge through private property 
to possess and carry written permission of the landowner while hunting 
on the refuge.
    B. Upland Game Hunting. We allow the hunting of ruffed grouse, 
squirrel, cottontail rabbit, snowshoe hare, red fox, gray fox, bobcat, 
woodchuck, coyote, opossum, striped skunk, and raccoon on designated 
areas of the refuge in accordance with State regulations subject to the 
following conditions:
    1. Conditions A1, A2, A6, and A7 apply.
    2. The refuge opens 1 hour before legal sunrise and closes 1 hour 
after legal sunset, including parking areas.
    3. You may hunt raccoon at night, but you must obtain a Special Use 
Permit for raccoon hunting.
    4. We only allow hunting in the No Rifle Zones with the following 
equipment: archery, shotgun, or muzzleloader.
    5. You may use dogs for hunting upland game species. We prohibit 
more than six dogs per hunting party for raccoon hunting. You must 
account for all dogs at the conclusion of the hunt. You must search for 
lost dogs for at least 3 days, and we prohibit hunting during the search 
period. All dogs must wear a collar displaying the owner's name, 
address, and telephone number.
    6. We prohibit the hunting of upland game species between March 1 
and the youth squirrel season in September.
    C. Big Game Hunting. We allow the hunting of white-tailed deer, 
black bear, and turkey on designated areas of the refuge in accordance 
with State regulations subject to the following conditions:
    1. Condition A1, A2, A6, A7, and B4 apply.
    2. You may only enter the refuge on foot. You may use hand-powered, 
two-wheeled carts for transporting big game.
    3. You may only use handguns for hunting deer and black bear in the 
rifle zone.
    4. When using shotguns for big game hunting, we only allow 
ammunition containing a single lead projectile. We prohibit the use of 
buckshot.

[[Page 439]]

    5. We prohibit the marking of any tree or other refuge feature with 
flagging, paint, or other substance.
    6. We prohibit the cutting and trimming of coniferous trees (balsam 
fir, red spruce, and hemlock). We prohibit construction of blinds from 
these materials.
    7. We prohibit permanent tree stands, but we allow use of temporary 
tree stands. You must clearly print your name and address in an easily 
read area on the stand while the stand is affixed to the tree. You must 
remove tree stands (see Sec. 27.93 of this chapter) at the end of the 
deer season.
    8. We require all hunters to wear at least 400 square inches (2,600 
cm\2\) of blaze orange on the head, chest, and back at all times during 
the deer bucks only season, the antlerless deer season, the youth deer 
season, and the deer muzzleloader season.
    9. We prohibit hunting for turkey with a rifle. You must use a 
shotgun or muzzleloader with a shot size of 4 or smaller.
    10. We allow dogs for hunting black bear during the gun season. We 
prohibit more than six dogs per hunting party. You must account for all 
dogs at the conclusion of the hunt. You must search for lost dogs for at 
least 3 days, and we prohibit hunting during the search period. All dogs 
must wear a collar displaying the owner's name, address, and telephone 
number.
    11. We prohibit black bear hunting during the Tucker County 
antlerless deer season. The gun bear season begins the Monday following 
the antlerless deer season.
    12. The refuge closes 1 hour after legal sunset, including parking 
areas. We prohibit camping or overnight parking.
    D. Sport Fishing. [Reserved]

               Ohio River Islands National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds (waterfowl, coots, rails, gallinules, snipe, woodcock, and dove) 
on designated areas of the refuge (Pennsylvania: Phillis Island, 
Georgetown Island; West Virginia: Captina Island, Captina Mainland, Fish 
Creek Island, Williamson Island, Witten Towhead, Wells Island, Grandview 
Island, Grape/Bat Island, Broadback Island, Buckley Island, Muskingum 
Island, Buffington Island, Letart Island; and Kentucky: Manchester 1 
Island, Manchester 2 Island) in accordance with State regulations 
subject to the following conditions:
    1. We require each hunter to possess and carry a refuge hunting 
permit, State hunting license, and valid driver's license (or other 
photo identification card) at all times while hunting on the refuge. The 
refuge hunting permit is free, and you may obtain it at the refuge 
headquarters. We request each hunter to submit a survey form at the end 
of the hunting season.
    2. We prohibit the building or use of permanent blinds.
    3. The refuge opens 1 hour before legal sunrise and closes 1 hour 
after legal sunset, including parking areas. We prohibit hunters leaving 
decoys and personal property, as well as camping and overnight parking.
    4. We only allow dogs to locate, point, and retrieve when hunting 
for migratory game birds. We require all dogs to wear a collar 
displaying the owner's name, address, and telephone number.
    5. You may only possess approved nontoxic shot while in the field 
(see Sec. 32.2(k)).
    B. Upland Game Hunting. We allow hunting of rabbit and squirrel on 
designated areas of the refuge (Pennsylvania: Phillis Island, Georgetown 
Island; West Virginia: Captina Island, Captina Mainland, Fish Creek 
Island, Williamson Island, Witten Towhead, Wells Island, Grandview 
Island, Grape/Bat Island, Broadback Island, Buckley Island, Muskingum 
Island, Buffington Island, Letart Island; and Kentucky: Manchester 1 
Island, Manchester 2 Island) in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 and A3 apply.
    2. We prohibit the use of pursuit dogs for hunting rabbit or 
squirrel.
    3. We prohibit the use of bows, rifles, or pistols for hunting 
rabbit or squirrel.
    4. We only allow the use of shotguns with approved nontoxic shot 
(see Sec. 32.2(k)) for the hunting of rabbit or squirrel.
    C. Big Game Hunting. We allow archery hunting of white-tailed deer 
on designated areas of the refuge (Pennsylvania: Phillis Island, 
Georgetown Island; West Virginia: Captina Island, Captina Mainland, Fish 
Creek Island, Williamson Island, Witten Towhead, Wells Island, Grandview 
Island, Grape/Bat Island, Broadback Island, Buckley Island, Muskingum 
Island, Buffington Island, Letart Island; and Kentucky: Manchester 1 
Island, Manchester 2 Island) in accordance with State regulations 
subject to the following conditions:
    1. Conditions A1 and A3 apply.
    2. We prohibit the use or possession of rifles, pistols, or shotguns 
for the hunting of white-tailed deer.
    3. We prohibit organized deer drives by two or more individuals. We 
define a deer drive as the act of chasing, pursuing, disturbing, or 
otherwise directing deer so as to make the animals more susceptible to 
harvest.
    4. We allow trail marking with nonpermanent methods such as flagging 
and reflectors. We prohibit the use of paint, and hunters must remove 
all trail-marking materials (see Sec. 27.93 of this chapter) at the end 
of the deer season.
    5. We prohibit the use of permanent tree stands or blinds. We allow 
the use of temporary tree stands. All tree stands must have the name and 
address of the owner clearly

[[Page 440]]

printed in an easily read area on the stand while the stand is affixed 
to the tree. Hunters must remove tree stands and blinds (see Sec. 27.93 
of this chapter) from the refuge at the end of each day.
    6. We prohibit baiting for deer on refuge lands (see Sec. 32.2(h)).
    7. We require all hunters to wear at least 400 square inches (2,600 
cm\2\) of blaze orange visible on the head, chest, and back while 
walking to and from tree stands or blinds.
    D. Sport Fishing. We allow sport fishing throughout the refuge in 
accordance with State regulations subject to the following conditions:
    1. Condition A3 applies.
    2. We require each angler to possess and carry a State fishing 
license and a valid driver's license (or other photo identification 
card) at all times while fishing on the refuge.
    3. We restrict bank fishing to refuge open hours, from 1 hour before 
legal sunrise through 1 hour after legal sunset.

[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; 69 FR 54362, 54472, Sept. 8, 
2004]



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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. 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.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    1. We only allow hunting during the early archery season and the 
regular State firearms seasons.
    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. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds throughout the district (except that we prohibit hunting on the 
Blue-wing Waterfowl Production Area (WPA) in Ozaukee County or the 
Wilcox WPA in Waushara County) in accordance with State regulations 
subject to the following conditions:
    1. We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times (see Sec. 26.21(b) of this 
chapter).
    2. You must remove boats, decoys, and blinds (see Sec. 27.93 of 
this chapter) at the conclusion of each day.
    B. Upland Game Hunting. We allow hunting of upland game birds 
throughout the district (except that we prohibit hunting on the Blue-
wing Waterfowl Production Area (WPA) in Ozaukee County or the Wilcox WPA 
in Waushara County) in accordance with State regulations subject to the 
following condition: Condition A1 applies.
    C. Big Game Hunting. We allow hunting of big game throughout the 
district (except that you may not hunt on the Blue-wing Waterfowl 
Production Area (WPA) in Ozaukee County or the Wilcox WPA in Waushara 
County) in accordance with State regulations subject to the following 
condition: You must remove blinds and stands (see Sec. 27.93 of this 
chapter) at the conclusion of each day.
    D. Sport Fishing. [Reserved]

                    Necedah National Wildlife Refuge

    A. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds only on designated areas of the refuge.

[[Page 441]]

    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. Shotgun hunters may possess only approved nontoxic shot while 
hunting on the refuge (see Sec. 32.2(k)). This includes turkey hunters.
    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 migratory game birds and 
upland game (except raccoon).
    5. You may only hunt showshoe hare during the season for cottontail 
rabbit.
    6. You may possess only unloaded guns in the retrieval zone of the 
Refuge Area 2 between 20th Street West and Suk-Cerney flowage during the 
State waterfowl hunting season, except while hunting deer during the 
deer gun season.
    C. Big Game Hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge in accordance with State regulations 
subject to the following conditions:
    1. We prohibit possession of 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, we prohibit possession of a loaded firearm 
within 50 feet (15 m) of the center of refuge trails, and we prohibit 
discharge of guns from, across, down, or alongside these trails.
    2. We prohibit possession of a centerfire rifle capable of holding 
more than seven cartridges.
    3. We prohibit construction or use of permanent blinds, stands, or 
ladders.
    4. 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 (see Sec. Sec. 27.93 and 27.94 of this chapter).
    5. Hunters must clearly mark all non-natural blinds, stands, 
platforms, and ladders on the exterior with the owner's name and address 
in letters that are 1 inch (2.5 cm) high. You may also use an attached 
metal tag with stamped or engraved lettering that is clearly visible.
    6. We permanently close Refuge Area 1 to all hunting.
    7. Refuge Area 2 is open to deer hunting during State archery, gun, 
and muzzleloader seasons, except for any October special Zone-T gun 
hunts.
    8. Refuge Area 3 is open to deer hunting during the State regular 
gun, muzzleloader, and late archery seasons. Unarmed deer hunters may 
enter Area 3 to scout beginning the Saturday prior to the gun deer 
season
    9. We prohibit target or practice shooting.
    10. You may utilize clothes pins marked with flagging or reflective 
material. We allow no other types of marking. You must clearly identify 
the owner's name and address on the clothes pin or the flagging itself. 
Hunters must remove all clothes pins by the last day of archery season.
    11. Beginning the Saturday prior to the opening of the State regular 
gun deer season, you may use nonmotorized boats on Sprague-Goose Pools 
until freeze-up in order to access areas for deer hunting.
    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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of migratory game 
birds on designated areas of the refuge subject to the 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.

[[Page 442]]

    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 Sec. 32.42 Minnesota for regulations.

                Whittlesey Creek National Wildlife Refuge

    A. Migratory Game Bird Hunting. 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; 69 FR 54362, 54473, Sept. 8, 2004; 70 
FR 54197, Sept. 13, 2005; 72 FR 51545, Sept. 7, 2007]



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. Migratory Game Bird Hunting. [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. Migratory Game Bird Hunting. 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. Migratory Game Bird Hunting. We allow hunting of dark goose, 
duck, coot, merganser, dove, snipe, and rail on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. We prohibit hunting of migratory birds on the west side of the 
Green River between the south end of the Dunkle Unit and Highway 28. We 
post the boundary for this area with refuge signs stating ``Area Closed 
to Migratory Bird Hunting''.
    2. We prohibit all hunting between Highway 28 and 0.8 miles (1.28 
km) north of the refuge headquarters on the west side of the Green 
River. We post the boundary for this area with refuge signs stating ``No 
Hunting Zone''.
    3. We open the refuge to the general public from \1/2\ hour before 
legal sunrise to \1/2\ hour after legal sunset. Waterfowl hunters may 
enter the refuge 1 hour before legal shooting hours to set up decoys and 
blinds.
    4. Hunters must confine or leash dogs except when participating in a 
legal hunt (see Sec. 26.21(b) of this chapter).
    5. You must only use portable blinds or blinds constructed from dead 
and downed wood. We prohibit digging pit blinds.
    6. You must remove portable blinds, tree stands, decoys, and other 
personal equipment (see Sec. 27.93 of this chapter) from the refuge 
each day.
    7. You must completely dismantle blinds constructed of dead and 
downed wood at the end of the waterfowl hunting season.
    8. We only allow hunters to retrieve downed game from closed areas 
with consent from a refuge employee or State game warden.
    9. You must unload and either case or dismantle all firearms (see 
Sec. 27.42(b) of this chapter) when transporting them in a vehicle or 
boat under power.
    B. Upland Game Hunting. We allow hunting of sage grouse, cottontail 
rabbit, jackrabbit, raccoon, fox, and skunk on designated areas of the 
refuge in accordance with State regulations subject to the following 
conditions:
    1. Conditions A2, A8, and A9 apply.

[[Page 443]]

    2. We open the refuge to the general public from \1/2\ hour before 
legal sunrise to \1/2\ hour after legal sunset.
    3. Hunters must confine or leash dogs (see Sec. 26.21(b) of this 
chapter) except when participating in a legal hunt for sage grouse, 
cottontail rabbit, or jackrabbit.
    4. When using shotguns or muzzleloaders, you may only possess 
approved nontoxic shot (see Sec. 32.2(k)) while in the field.
    C. Big Game Hunting. We allow hunting of antelope, mule deer, and 
moose on designated areas of the refuge in accordance with State 
regulations subject to the following conditions:
    1. Conditions A2, A8, A9, and B2 apply.
    D. Sport Fishing. We allow fishing on the refuge in accordance with 
State regulations subject to the following conditions:
    1. Condition B2 applies.
    2. You must only launch or pick up trailered boats at the following 
boat ramps: Dodge Bottom, Hayfarm, Lombard, and Six-Mile.
    3. We prohibit taking of mollusk, crustacean, reptile, and amphibian 
from the refuge.

[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; 69 FR 
54362, 54473, Sept. 8, 2004]



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 Island National Wildlife Refuge

    A. Migratory Game Bird Hunting. [Reserved]
    B. Upland Game Hunting. [Reserved]
    C. Big Game Hunting. [Reserved]
    D. Sport Fishing. [Reserved]

                  Midway Atoll National Wildlife Refuge

    A. Migratory Game Bird Hunting. [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; 69 FR 54362, 54474, Sept. 8, 
2004]



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. Migratory Game Bird Hunting. [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; 69 FR 54362, Sept. 8, 2004]



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.

[[Page 444]]



Sec. 34.2  Authority.

    (a) The Act of October 17, 1978, Pub. L. 95-469, amended the Act of 
June 15, 1935, as amended by the Act of August 30, 1964 (78 Stat. 701; 
16 U.S.C. 715s), by revising the formula and extending the revenue 
sharing provisions to all fee and reserve areas that are administered 
solely or primarily by the Secretary through the U.S. Fish and Wildlife 
Service. Payments under this Act may be used for any governmental 
purpose.
    (b) Pursuant to title VI of the Civil Rights Act of 1964 (78 Stat. 
252; 42 U.S.C. 2000d), and the regulations issued pursuant thereto, 
which are contained in 43 CFR part 17, counties must file an assurance 
with the Department, comply with the terms of the assurances, and comply 
with regulations contained in 43 CFR part 17 in order to continue to 
receive this Federal financial assistance.



Sec. 34.3  Definitions.

    (a) The term fee area means any area which was acquired in fee by 
the United States and is administered, either solely or primarily, by 
the Secretary through the Service.
    (b) The term reserve area means any area of land withdrawn from the 
public domain and administered, either solely or primarily, by the 
Secretary through the Service. For the purpose of these regulations, 
reserve areas also include lands in Hawaii, the Commonwealth of Puerto 
Rico, Guam, and the Virgin Islands, which were initially administered by 
the United States through Act of Congress, Executive Order, Public Land 
Order or Proclamation of the President and administered, either solely 
or primarily, by the Secretary through the Service.
    (c) The term county means any county, parish, organized or 
unorganized borough, township or municipality, or other unit of local 
government that is the primary collector for general purpose real 
property taxes where fee areas and/or reserve areas are located. For the 
purpose of sharing revenues, the Commonwealth of Puerto Rico, Guam, and 
the Virgin Islands shall each be treated as a county.
    (d) The term fund means the revenues received by the Service from 
(1) the sale or disposition of animals, salmonoid carcasses and eggs, 
products of the soil (including, but not limited to, timber, hay, and 
grass), minerals, shells, sand, and gravel; (2) leases for public 
accommodations or facilities incidental to, but not in conflict with, 
the basic purpose of such areas; and (3) other privileges, including 
industrial leases at Crab Orchard National Wildlife Refuge, Illinois, as 
authorized by Section 8 of Pub. L. 95-616, approved October 27, 1978. 
The Service may pay from such fund any necessary expenses incurred in 
connection with the revenue producing and revenue sharing activity. The 
fund shall also include any appropriations authorized by the Act to make 
up any difference between the total amount of receipts after payments of 
expenses and the total amount of payments due the counties.
    (e) The term net receipts means the amount of revenue collected by 
the Service from an area (including fee land and/or reserve land) after 
the deduction of necessary expenses incurred in producing the particular 
revenues.
    (f) The term fair market value means the amount in terms of money 
for which in all probability a property would be sold if exposed for 
sale in the open market by a seller who is willing but not obligated to 
sell, allowing a reasonable time to find a buyer who is willing but not 
obligated to buy, both parties having full knowledge of all the 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

[[Page 445]]

entitlement lands under section 6(a) of the Act of October 29, 1976 
(Pub. L. 94-565, 31 U.S.C. 1601-1607), for which regulations are 
published in title 43, part 1880, Code of Federal Regulations.



Sec. 34.5  Distribution of revenues.

    The Act provides that the Secretary, at the end of each fiscal year, 
shall pay to each county out of the fund:
    (a) For reserve areas, an amount equal to 25 per centum of the net 
receipts, collected by the Secretary in connection with the operation 
and management of such area, provided that when any such area is 
situated in more than one county, the distributive share to each from 
the aforesaid receipts shall be proportional to its acreage of such 
reserve area.
    (b) For fee areas, whichever of the following is greater:
    (1) An amount equal to 75[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

[[Page 446]]

within 90 days from receipt of the payment. In the event a county cannot 
make the required distribution for reasons of State or local law, or 
otherwise, the Service will make the payments directly to local units of 
government upon return of the check and information upon which to make 
the payments.
    (d) Each county which receives a payment under these regulations 
shall maintain a record for a period of three years as to how the 
payment was distributed to units of local government under paragraph (c) 
of this section. The record shall be available for inspection by the 
regional director, should a dispute arise as to the distribution of 
payments. See Sec. 29.21-2(c) for a listing of the regional directors 
of the Service.



Sec. 34.6  Schedule of appraisals.

    The Secretary shall make fair market value appraisals of areas 
administered by the Service within five years after October 17, 1978, 
beginning with areas established earliest. All areas for which payments 
were not authorized prior to fiscal year 1979 (i.e.; fish hatcheries, 
administrative sites, and research stations) shall be included in the 
areas appraised during the first fiscal year. Once appraised, areas 
shall be reappraised on a schedule of at least once every five years. 
Until areas are appraised, the fair market value for the purposes of 
this regulation shall be the adjusted cost as of September 30, 1978, 
except that fee lands added to such areas after that date shall be on 
the basis of fair market value.



Sec. 34.7  Fair market value appraisals.

    Fee areas administered by the Service will be appraised in 
accordance with standard appraisal procedures in order to estimate the 
fair market value of each area as a whole. The evaluation will be 
premised on an appropriate determination of highest and best use in 
accordance with existing or potential zoning, the present condition of 
the land and the general economic situation in the vicinity. Standard 
appraisal techniques will involve a market data comparison of these 
areas with similar properties which have sold recently in the local 
market. These techniques may also include consideration of potential 
income and development of the cost approach for special use properties 
having limited marketability. An appropriate evaluation of these areas 
will also take into consideration a discount for size as recognized by 
the market for large properties where applicable. The appraisals will be 
accomplished by the regional director, using Service staff appraisers or 
private appraisers contracted by the Service.

The Act requires that improvements placed upon the land after the date 
of Federal Acquisition be excluded from the fair market value. The only 
structures that will be included in the appraisal are those that were 
present at the time of Federal acquisition and have not been the subject 
of substantial renovation or modification with Federal funds. Evaluation 
of improvements will be based on their contributory value to the area as 
determined by the highest and best use study. Lands occupied by 
improvements not subject to appraisal will be valued as though 
unimproved.

The appraisals will be reviewed by the Service's review appraisers and 
the determination of the regional director as to fair market value shall 
be final and conclusive and shall be the basis for computation of 
revenue sharing payments.



Sec. 34.8  Appropriations authorized.

    The Act authorizes appropriations to the fund for any fiscal year 
when the 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.

[[Page 447]]

    (d) All protests to the regional director shall be filed within 90 
days from the date of receipt of the payment.
    (e) The regional director shall consult with the affected county to 
resolve conflicts in the computations and/or data. The regional director 
shall make a determination as to the correct payment, which 
determination shall be final and conclusive.



PART 35_WILDERNESS PRESERVATION AND MANAGEMENT--Table of Contents




                         Subpart A_General Rules

Sec.
35.1 Definitions.
35.2 Objectives.
35.3 General regulations.
35.4 Appropriations and personnel.
35.5 Commercial enterprises, roads, motor vehicles, motorized equipment, 
          motorboats, aircraft, mechanical transport, structures, and 
          installations.
35.6 Public use.
35.7 Control of wildfires, insects, pest plants, and disease.
35.8 Forest management.
35.9 Livestock grazing.
35.10 Controlled burning.
35.11 Scientific uses.
35.12 Water rights.
35.13 Access to State and private lands.
35.14 Special regulations.

Subpart B--Special Regulations for Specific National Wildlife Refuge 
Wilderness [Reserved]

    Authority: 78 Stat. 890; 16 U.S.C. 1131-1136; 43 U.S.C. 1201.

    Source: 36 FR 25426, Dec. 31, 1971, unless otherwise noted.



                         Subpart A_General Rules



Sec. 35.1  Definitions.

    As used in the rules and regulations in this subchapter:
    National Wildlife Refuge System means all lands, waters, and 
interests therein administered by the U.S. Fish and Wildlife Service as 
national wildlife refuges, wildlife ranges, game ranges, wildlife 
management areas, waterfowl production areas, and areas for the 
protection and conservation of fish and wildlife which are threatened 
with extinction.
    National Wilderness Preservation System means the units designated 
as wilderness by the Congress under the provisions of the Wilderness Act 
(supra).
    Wilderness Units shall mean areas in the National Wildlife Refuge 
System that have been designated by Act of Congress as units of the 
National Wilderness Preservation System.
    Secretary means the Secretary of the Interior.
    Director means the Director of the U.S. Fish and Wildlife Service.



Sec. 35.2  Objectives.

    (a) Units of the National Wildlife Refuge System have been 
established by divers legal means and are administered for a variety of 
wildlife program purposes. The establishment of each wilderness unit is 
within and supplemental to the purposes for which a specific unit of the 
National Wildlife Refuge System was established and is administered. 
Each wilderness shall be administered for such other purposes for which 
the national wildlife refuge was established and shall be also 
administered to preserve its wilderness character.
    (b) Except as otherwise provided by law, wilderness areas shall be 
devoted to the public purposes of recreational, scenic, scientific, 
educational, conservation, and historical use and shall be administered 
in such a manner as will leave them unimpaired for future use and 
enjoyment as wilderness.



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.

[[Page 448]]



Sec. 35.5  Commercial enterprises, roads, motor vehicles, motorized

equipment, motorboats, aircraft, mechanical transport, structures, and 
installations.

    Except as specifically provided and subject to existing private 
rights, there shall be no commercial enterprise and no permanent road 
within a wilderness unit, and except as necessary to meet minimum 
requirements for the administration of the area (including measures 
required in emergencies involving the health and safety of persons 
within the area), there shall be no temporary road, no use of motor 
vehicles, motorized equipment or motorboats, no landing of aircraft, no 
other form of mechanized transport, and no structure or installation 
within any such area.
    (a) The Director may authorize occupancy and use of a national 
wildlife refuge by officers, employees, agencies, and agents of Federal, 
State, and county governments to carry out the purposes of the 
Wilderness Act and the Act establishing the wilderness and will 
prescribe conditions under which motorized equipment, mechanical 
transport, aircraft, motorboats, installations, or structures may be 
used to meet the minimum requirements for authorized activities to 
protect and administer the wilderness. The Director may also prescribe 
the conditions under which such equipment, transport, aircraft, 
installations, or structures may be used in emergencies involving the 
health and safety of persons, damage to property, violations of civil 
and criminal law, or other purposes.
    (b) The Director may permit, subject to such restrictions as he 
deems desirable, the landing of aircraft and the use of motorized 
equipment at places within a wilderness where such uses were established 
prior to the date the wilderness was designated by Act of Congress as a 
unit of the National Wilderness Preservation System.



Sec. 35.6  Public use.

    Public uses of a wilderness unit will be in accordance with the 
purposes for which the individual national wildlife refuge was 
established and is administered and laws and regulations governing 
public uses within the National Wildlife Refuge System.
    (a) When public uses are authorized within a wilderness unit, the 
Refuge Manager may regulate such use. Regulating will include limiting 
the numbers of persons allowed in the wilderness at a given time, 
imposing restrictions on time, seasons, kinds and location of public 
uses, requiring a permit or reservation to visit the area, and similar 
actions.
    (b) All persons entering a wilderness unit will be required to 
remove such materials as they carry in.
    (c) Informational signs for the convenience of visitors will not be 
permitted in a wilderness unit; however, rustic directional signs for 
vistor safety may be installed in locations appropriate to a wilderness 
setting.
    (d) Limited public use facilities and improvements may be provided 
as necessary for the protection of the refuge and wilderness and for 
public safety. Facilities and improvements will not be provided for the 
comfort and convenience of wilderness visitors.
    (e) Public services and temporary structures generally offered by 
packers, outfitters, and guides for realizing the recreational or other 
wilderness purposes of a wilderness may be permitted. Temporary 
installations and structures which existed for these subsistence 
purposes under valid special 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).

[[Page 449]]



Sec. 35.7  Control of wildfires, insects, pest plants, and disease.

    To the extent necessary, the Director shall prescribe measures to 
control wildfires, insects, pest plants, and disease to prevent 
unacceptable loss of wilderness resources and values, loss of life, and 
damage to property.



Sec. 35.8  Forest management.

    Forest management activities in a wilderness unit will be directed 
toward allowing natural ecological processes to operate freely. 
Commercial harvesting of timber shall not be permitted except where 
necessary to control attacks of insects or disease as prescribed in 
Sec. 35.7.



Sec. 35.9  Livestock grazing.

    (a) The grazing of livestock, where established prior to the date of 
legislation which designates a wilderness unit, may be permitted to 
continue subject to part 29 of this subchapter and in accordance with 
special provisions which may be prescribed for individual units. Numbers 
of permitted livestock will not be more liberal than those utilizing a 
wilderness prior to establishment and may be more restrictive.
    (b) The Director may permit, subject to such conditions as he deems 
necessary, the maintenance, reconstruction or relocation of only those 
livestock management improvements and structures which existed within a 
wilderness unit when it was incorporated into the National Wilderness 
Preservation System.



Sec. 35.10  Controlled burning.

    Controlled burning will be permitted on wilderness units when such 
burning will contribute to the maintenance of the wilderness resource 
and values in the unit; however, any fire in a wilderness area that 
poses a threat to resources or facilities outside the unit will be 
controlled and extinguished.

[36 FR 25426, Dec. 31, 1971, as amended at 37 FR 12067, June 17, 1972]



Sec. 35.11  Scientific uses.

    Recognizing the scientific value of wilderness, research data 
gathering and similar scientific uses will be encouraged providing that 
wilderness values are not impaired. The person or agency involved in 
scientific investigation must be willing to accept reasonable 
limitations on activities and location and size of the area to be used 
for research purposes. A special use permit authorizing scientific uses 
shall be required.



Sec. 35.12  Water rights.

    Nothing in the regulations in this part constitutes an expressed or 
implied claim or denial on the part of the Department of the Interior as 
to exemption from State water laws.



Sec. 35.13  Access to State and private lands.

    Rights of States or persons and their successors in interest, whose 
land is surrounded by a wilderness unit, will be recognized to assure 
adequate access to that land. Adequate access is defined as the 
combination of modes and routes of travel which will best preserve the 
wilderness character of the landscape. Mode of travel designated shall 
be reasonable and consistent with accepted, conventional, contemporary 
modes of travel in said vicinity. Use will be consistent with reasonable 
purposes for which such land is held. The Director will issue such 
permits as are necessary for access, designating the means and route of 
travel for ingress 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.

[[Page 450]]

    (c) Such special regulations shall be published in subpart B of this 
part after a wilderness has been established by Public Law and shall 
become effective upon publication in the Federal Register (12-31-71).

Subpart B--Special Regulations for Specific National Wildlife Refuge 
Wilderness [Reserved]



PART 36_ALASKA NATIONAL WILDLIFE REFUGES--Table of Contents




              Subpart A_Introduction and General Provisions

Sec.
36.1 How do the regulations in this part apply to me and what do they 
          cover?
36.2 What do these terms mean?
36.3 Information collection.

                       Subpart B_Subsistence Uses

36.11 Purpose and policy.
36.12 Use of snowmobiles, motorboats, dog teams and other means of 
          surface transportation traditionally employed by local rural 
          residents engaged in subsistence uses.
36.13 Subsistence fishing.
36.14 Subsistence hunting and trapping.
36.15 Subsistence uses of timber and plant material.
36.16 Closure to subsistence uses of fish and wildlife.

Subpart C [Reserved]

                       Subpart D_Other Refuge Uses

36.31 Recreational activities.
36.32 Taking of fish and wildlife.
36.33 What do I need to know about using cabins and related structures 
          on Alaska National Wildlife Refuges?
36.34 Firearms.
36.35 Unattended property.
36.36 Sled dogs and household pets.
36.37 Revenue producing visitor services.

                  Subpart E_Refuge Specific Regulations

36.39 Public use.

    Subpart F_Permits and Public Participation and Closure Procedures

36.41 Permits.
36.42 Public participation and closure procedures.

Table I 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

    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),

[[Page 451]]

but although not limited to, they include sites administered by a 
national wildlife refuge under the terms of a memorandum of 
understanding or lease agreement.

[46 FR 31827, June 17, 1981, as amended at 64 FR 14151, Mar. 24, 1999]



Sec. 36.2  What do these terms mean?

    The following definitions shall apply to the regulations contained 
in this part.
    Adequate and feasible access means a reasonable method and route of 
pedestrian or vehicular transportation which is economically practicable 
for achieving the use or development desired by the applicant on his/her 
non-federal land or occupancy interest, but does not necessarily mean 
the least costly alternative.
    Adequate snow cover means snow of sufficient depth to protect the 
underlying vegetation and soil.
    Administrative and visitor facility sites means any facility or site 
administered by the U.S. Fish and Wildlife Service for public entry or 
other administrative purposes including, but not limited to, refuge 
staff offices, visitor centers, public access and parking sites, and 
campgrounds.
    Aircraft means a machine or device that is used or intended to be 
used to carry persons or objects in flight through the air, including 
but not limited to, airplanes, helicopters and gliders.
    Alaska National Wildlife Refuges means all lands, waters and 
interests therein administered by the U.S. Fish and Wildlife Service 
within the following National Wildlife Refuges in Alaska: Alaska 
Maritime, Arctic, Alaska Peninsula, Becharof, Innoko, Kanuti, Kenai, 
Kodiak, Koyukuk, Nowitna, Selawik, Tetlin, Izembek, Togiak, Yukon Delta 
and Yukon Flats.
    ANILCA means the Alaska National Interest Lands Conservation Act, 94 
Stat 237, Pub. L. 96-487 (December 2, 1980).
    Downed aircraft means an aircraft that as a result of mechanical 
failure or accident cannot take off.
    Fish and wildlife means any member of the animal kingdom, including 
without limitation any mammal, fish, bird (including any migratory, non-
migratory, or endangered bird for which protection is also afforded by 
treaty or other international agreement), amphibian, reptile, mollusk, 
crustacean, arthropod, or other invertebrate, and includes any part, 
product, egg, or offspring thereof, or dead body or part thereof.
    Off-road vehicle means any motor vehicle designed for or capable of 
cross-country travel on or immediately over land, water, sand, snow, 
ice, marsh, wetland, or other natural terrain, except snowmobiles as 
defined in this section. It includes, but is not limited to, four-wheel 
drive or low-pressure-tire vehicles, motorcycles and related two-, 
three-, or four-wheel vehicles, amphibious machines, ground-effect or 
air-cushion vehicles, air-thrust boats, recreation vehicle campers, and 
any other means of transportation deriving motive power from any source 
other than muscle or wind.
    Person means any individual, firm, corporation, society, 
association, partnership, or other private or public body.
    Public lands means lands situated in Alaska which are federally 
owned lands, except:
    (1) Land selections of the State of Alaska which have been 
tentatively approved or validly selected under the Alaska Statehood Act 
(72 Stat. 339) and lands which have been confirmed to, validly selected 
by, or granted to the 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

[[Page 452]]

pounds (450 kg), driven by track or tracks in contact with the snow and 
steered by a ski or skis in contact with the snow.
    Subsistence uses means the customary and traditional uses by rural 
Alaska residents of wild, renewable resources for direct personal or 
family consumption as food, shelter, fuel, clothing, tools, or 
transportation; for the making and selling of handicraft articles out of 
nonedible byproducts of fish and wildlife resources taken for personal 
or family consumption; for barter or sharing for personal or family 
consumption; and, for customary trade. For purpose of this paragraph, 
the term:
    (1) Family means all persons related by blood, marriage, or 
adoption, or any person living within the household on a permanent 
basis; and
    (2) Barter means the exchange of fish or wildlife or their parts 
taken for subsistence uses:
    (i) For other fish or game of their parts; or
    (ii) For other food or for nonedible items other than money if the 
exchange is of a limited and noncommercial nature; and
    (3) Customary trade shall be limited to the exchange of furs for 
cash, and such other activities, if any, as may be designated in special 
rules for Alaska National Wildlife Refuges.
    Take or taking, as used with respect to fish and wildlife, means to 
pursue, hunt, shoot, trap, net, capture, collect, kill, harm or attempt 
to engage in any such conduct.
    Temporary means a continuous period of time not to exceed 12 months, 
except as specifically provided otherwise.

[46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986; 
64 FR 14151, Mar. 24, 1999]



Sec. 36.3  Information collection.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget under 44 U.S.C. et 
seq. and assigned clearance number 1018-0014. The collected information 
will assist the Service in administering these programs and, 
particularly, in the issuance of permits and the granting of statutory 
or administrative benefits. The information requested in the application 
form is required to obtain a benefit. The public reporting burden for 
this collection of information is estimated to average 1.5 hours each 
for 150 non-competitively awarded permits and 31.66 hours each for 60 
competitively awarded permits including the time for reviewing 
instructions, searching existing data sources, gathering and maintaining 
data needed, and completing and reviewing the collection of information. 
The estimated annual number of respondents is 210, yielding a total 
annual reporting and record keeping burden of 2125 hours. Comments and 
suggestions on the burden estimate or any other aspect of the form 
should be sent directly to the Office of Information and Regulatory 
Affairs; Office of Management and Budget; Attention: Interior Desk 
Officer; Washington, DC 20503; and a copy of the comments should be sent 
to the Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, MS 224-ARLSQ; 1849 C Street, NW., Washington, DC 20240.

[62 FR 45340, Aug. 27, 1997]



                       Subpart B_Subsistence Uses



Sec. 36.11  Purpose and policy.

    (a) Consistent with the management of fish and wildlife in 
accordance with recognized scientific principles and the 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

[[Page 453]]

uses permitted within Alaska National Wildlife Refuge areas.
    (d) The State of Alaska is authorized to regulate the taking of fish 
and wildlife for subsistence uses within Alaska National Wildlife 
Refuges to the extent such regulation is consistent with applicable 
Federal Law, including but not limited to ANILCA.
    (e) Nothing in this subpart shall be construed as permitting the 
level of subsistence uses of fish and wildlife within Alaska National 
Wildlife Refuges to be inconsistent with the conservation of healthy 
populations of fish and wildlife.



Sec. 36.12  Use of snowmobiles, motorboats, dog teams and other means 

of surface transportation traditionally employed by local rural 
residents engaged in 
          subsistence uses.

    (a) Notwithstanding any other provision of subchapter C of title 50 
CFR the use of snowmobiles, motorboats, dog teams and other means of 
surface transportation traditionally employed by local rural residents 
engaged in subsistence uses is permitted within Alaska National Wildlife 
Refuges except at those times and in those areas restricted or closed by 
the Refuge Manager.
    (b) The Refuge Manager may restrict or close a route or area to the 
use of snowmobiles, motorboats, dog teams or other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses if the Refuge Manager determines that such use is 
causing or is likely to cause an adverse impact on public health and 
safety, resource protection, protection of historic or scientific 
values, subsistence uses, conservation of endangered or threatened 
species, or other purposes and values for which the refuge was 
established.
    (c) No restrictions or closures shall be imposed without notice and 
a public hearing in the affected vicinity and other locations as 
appropriate. In the case of emergency situations, restrictions or 
closures shall not exceed sixty (60) days and shall not be extended 
unless the Refuge Manager establishes, after notice and public hearing 
in the affected vicinity and other locations as appropriate, that such 
extension is justified according to the factors set forth in paragraph 
(b) of this section. Notice of the proposed or emergency restrictions or 
closures and the reasons therefor shall be published in at least one 
newspaper of general circulation within the State and in at least one 
local newspaper if available, and information about such proposed or 
emergency actions shall also be made available for broadcast on local 
radio stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All restrictions and closures shall 
be designated on a map which shall be available for public inspection at 
the office of the Refuge Manager of the affected refuge and the post 
office or postal authority of every affected community within or near 
the refuge area, or by the posting of signs in the vicinity of the 
restrictions or closures, or both.
    (d) Snowmobiles, motorboats, dog teams and other means of surface 
transportation traditionally employed by local rural residents engaged 
in subsistence uses shall be operated (1) in compliance with applicable 
State and Federal law, (2) in such a manner as to prevent waste or 
damage to the refuge, and (3) in such a manner as to prevent the 
herding, harassment, hazing or driving of wildlife for hunting or other 
purposes.
    (e) At all times when not engaged in subsistence uses, local rural 
residents may use snowmobiles, motorboats, dog 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

[[Page 454]]

Federal laws. To the extent consistent with the provisions of this part 
and other Federal law, applicable State laws and regulations governing 
the taking of wildlife which are now or will hereafter be in effect are 
hereby incorporated by reference as a part of these regulations.



Sec. 36.15  Subsistence uses of timber and plant material.

    (a) Notwithstanding any other provision of this part, the 
noncommercial cutting of live standing timber by local rural residents 
for appropriate subsistence uses, such as firewood or house logs, may be 
permitted in Alaska National Wildlife Refuges as follows:
    (1) For live standing timber greater than six inches diameter at 
breast height (4\1/2\ feet above ground level), the Refuge Manager may 
allow cutting in accordance with the specifications of a special use 
permit if such cutting is determined to be compatible with the purposes 
for which the refuge was established;
    (2) For live standing timber between three and six inches diameter 
at breast height, cutting is allowed on the Arctic National Wildlife 
Refuge south of latitude 68 degrees North and on the Innoko, Kanuti, 
Koyukuk, Nowitna, Selawik, Tetlin, and Yukon Flats National Wildlife 
Refuges unless restricted by the Refuge Manager, except that no more 
than 20 trees may be cut annually by an individual without a special use 
permit, no cutting may be done within 50 feet of a stream, lake, or 
river and no more than one tree in five (20%) may be cut in any specific 
stand; on the remainder of the Arctic National Wildlife Refuge and on 
all other Alaska National Wildlife Refuges, the Refuge Manager may allow 
cutting in accordance with the specifications of a special use permit if 
such cutting is determined to be compatible with the purposes for which 
the refuge was established;
    (3) For live standing timber less than three inches diameter at 
breast height, cutting is allowed unless restricted by the Refuge 
Manager.
    (b) The noncommercial gathering by local rural residents of fruits, 
berries, mushrooms, and other plant materials for subsistence uses, and 
the noncommercial gathering of dead or downed timber for firewood, shall 
be allowed without a permit.
    (c)(1) Notwithstanding any other provision of this part, the Refuge 
Manager, after notice and public hearing in the affected vicinity and 
other locations as appropriate, may temporarily close all or any portion 
of an Alaska National Wildlife Refuge to subsistence uses of a 
particular plant population only if necessary for reasons of public 
safety, administration, or to assure the continued viability of such 
population. For purposes of this section, the term ``temporary'' shall 
mean only as long as reasonably necessary to achieve the purpose of the 
closure.
    (2) If the Refuge Manager determines that an emergency situation 
exists and that extraordinary measures must be taken for public safety 
or to assure the continued viability of a particular plant population, 
the Refuge Manager may immediately close all or any portion of an Alaska 
National Wildlife Refuge to the subsistence uses of such population. 
Such emergency closure shall be effective when made, shall be for a 
period not to exceed sixty (60) days, and may not subsequently be 
extended unless the Refuge Manager establishes, after notice and public 
hearing in the affected vicinity and other locations as appropriate, 
that such closure should be extended.
    (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]

[[Page 455]]



Sec. 36.16  Closure to subsistence uses of fish and wildlife.

    (a) Notwithstanding any other provision of this part, the Refuge 
Manager, after consultation with the State and adequate notice and 
public hearing in the affected vicinity and other locations as 
appropriate, may temporarily close all or any portion of an Alaska 
National Wildlife Refuge to subsistence uses of a particular fish or 
wildlife population only if necessary for reasons of public safety, 
administration, or to assure the continued viability of such population. 
For the purposes of this section, the term ``temporarily'' shall means 
only so long as reasonably necessary to achieve the purpose of the 
closure.
    (b) If the Refuge Manager determines that an emergency situation 
exists and that extraordinary measures must be taken for public safety 
or to assure the continued viability of a particular fish or wildlife 
population, he may immediately close all or any portion of a refuge to 
the subsistence uses of such population. Such emergency closure shall be 
effective when made, shall not exceed sixty (60) days, and may not 
subsequently be extended unless the Refuge Manager establishes, after 
notice and public hearing in the affected vicinity and other locations 
as appropriate, that such closure should be extended.
    (c) Notice of administrative actions taken pursuant to this section 
and the reasons justifying such actions shall be published in at least 
one newspaper of general circulation within the State and in at least 
one local newspaper if available, and information about such actions and 
justifying reasons shall be made available for broadcast on local radio 
stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All closures shall be designated on 
a map which shall be available for public inspection at the office of 
the Refuge Manager of the affected refuge area and the post office or 
postal authority of every affected community within or near the refuge 
area, or by the posting of signs in the vicinity of the closures, or 
both.

Subpart C [Reserved]



                       Subpart D_Other Refuge Uses



Sec. 36.31  Recreational activities.

    (a) Public recreational activities within the Alaska National 
Wildlife Refuges are authorized as long as such activities are conducted 
in a manner compatible with the purposes for which the areas were 
established. Such recreational activities include, but are not limited 
to, sightseeing, nature observation and photography, sport hunting, 
sport fishing, boating, camping, hiking, picnicking and other related 
activities. Any existing special regulations now in force and effect 
shall continue to apply to the applicable refuge lands in Alaska 
National Wildlife Refuges.
    (b) Surface collection, by hand (including handheld gold pans) and 
for personal recreational use only, of rocks and minerals is authorized: 
Provided however, That (1) collection of silver, platinum, gemstones and 
fossils is prohibited, and (2) collection methods which may result in 
disturbance of ground surface, such as the use of shovels, pickaxes, 
sluice boxes and dredges, are prohibited. The recreation activities 
specified in paragraphs (a) and (b) of this section may be prohibited or 
otherwise restricted in accordance with the provisions of Sec. 36.42.



Sec. 36.32  Taking of fish and wildlife.

    (a) The taking of fish and wildlife for sport hunting, trapping and 
sport fishing is authorized in accordance with applicable State and 
Federal law and such laws are hereby adopted and made a part of these 
regulations; Provided however, That the Refuge Manager, pursuant to 
Sec. 36.42, may designate areas where, and establish periods when, no 
taking of a particular population of fish or wildlife shall be 
permitted.
    (b) The exercise of valid commercial fishing rights or privileges 
obtained pursuant to existing law, including any use of refuge areas for 
campsites, cabins, motorized vehicles and aircraft landing directly 
incident to the exercise of such rights or privileges, is authorized; 
Provided, however, That the Refuge Manager may restrict or prohibit the 
exercise of these rights or privileges or uses of federally owned lands 
directly incident to such exercise if he determines, after conducting a

[[Page 456]]

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 the application deadline for existing cabins but is 
otherwise a permitted cabin.

[[Page 457]]

    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 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

[[Page 458]]

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 permit are compatible with the 
purposes for which the refuge was established.

[[Page 459]]

    (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 all administrative and government-owned cabins.

[[Page 460]]

    (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 of carrying out its terms and conditions in a satisfactory 
manner.

[[Page 461]]

    (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 conditions 
upon which it is to be provided to determine if the historical visitor 
service operator wishes to provide

[[Page 462]]

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 a change, after January 1, 1979, in the controlling 
interest of the historical

[[Page 463]]

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.
    (3) The right of first refusal described in this section may not be 
sold, transferred, devised, or assigned, directly or indirectly.

[[Page 464]]

    (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 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),

[[Page 465]]

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
    Pothole Lake
    Twin Lakes
    Upper Russian Lake
    Windy Lake
    Dinglestadt Glacier terminus lake

[[Page 466]]

    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, 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

[[Page 467]]

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 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

[[Page 468]]

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 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

[[Page 469]]

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.
    (3) Permit requirement for Conservation Easement lands. Pursuant to 
the terms of a Conservation Easement held by the United States and the 
State of Alaska, we manage public use of certain lands owned by Koniag, 
Inc. These lands are inholdings within the exterior boundaries of the 
Kodiak National Wildlife Refuge. The Conservation Easement was recorded 
in the Kodiak Recording District, Alaska, on December 6, 2002, as 
document number 2002-003448-0. The lands subject to the Conservation 
Easement to which the permit requirement in this paragraph apply are all 
lands within \1/2\ mile of the west shore of Karluk Lake, from the lake 
outlet to the southern boundary of T. 32 S., R. 30 W. (surveyed), Seward 
Meridian; all lands within \1/2\ mile of the east shore of Karluk Lake, 
from the lake outlet to a point due east of the north end of Camp 
Island; and all lands within a \1/2\-mile band of land on either side of 
the Karluk River, from the Karluk Lake outlet downstream to the refuge 
boundary. A map is available from the refuge showing the location of the 
easement lands that are subject to the permit requirement. You are 
prohibited from using these lands unless:
    (i) You have a nontransferable permit from the refuge;
    (ii) You are a concessionaire or a client of a concessionaire 
authorized by Koniag, Inc., to provide revenue-producing visitor 
services;
    (iii) You are an authorized user in accordance with section 7(d) of 
the Conservation Easement; or
    (iv) You are limiting your use of the property to public access 
easements established under section 17(b) of the Alaska Native Claims 
Settlement Act.

[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; 71 FR 33259, June 8, 2006]



    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

[[Page 470]]

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 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.

[[Page 471]]

    (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. 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

[[Page 472]]

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 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

[[Page 473]]

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 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

[[Page 474]]

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 
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

[[Page 475]]

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 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.

[[Page 476]]

                   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.



                      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,

[[Page 477]]

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; 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

[[Page 478]]

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.



                     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

[[Page 479]]

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 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

[[Page 480]]

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.
    (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

[[Page 481]]

therefrom through a cost-sharing or any other arrangement;
    (3) Evidence of the applicant's technical and financial ability to 
conduct integrated and well designed exploratory activities in an arctic 
or subarctic environment and of the applicant's responsibility in 
complying with any exploration permits previously held by it;
    (4) A map at a scale of 1:250,000 of the geographic areas in which 
exploratory activities are proposed and of the approximate locations of 
the applicant's proposed geophysical survey lines, travel routes to and 
within the refuge, fuel caches, and major support facilities;
    (5) A general description of the type of exploratory activities 
planned, including alternate exploratory methods and techniques if 
proposed, and the manner and sequence in which such activities will be 
conducted;
    (6) A description of how various exploratory methods and techniques 
will be utilized in an integrated fashion to avoid unnecessary 
duplication of the applicant's own work;
    (7) A schedule for the exploratory activities proposed, including 
the approximate dates on which the various types of exploratory 
activities are proposed to be commenced and completed;
    (8) A description of the applicant's proposed communication 
technniques;
    (9) A description of the equipment, support facilities, methods of 
access and personnel that will be used in carrying out exploratory 
activities;
    (10) A hazardous substances control and contingency plan describing 
actions to be taken to use, store, control, clean up, and dispose of 
these materials in the event of a spill or accident;
    (11) A general description of the anticipated impacts that the 
proposed exploratory activities may have on the refuge's wildlife, its 
habitat, the environment, subsistence uses and needs, and cultural 
resources, and a description of mitigating measures which will be 
implemented to minimize or avoid such impacts;
    (12) A description of the proposed procedures for monitoring the 
environmental impacts of its operation and its compliance with all 
regulatory and permit requirements;
    (13) A statement that, if authorized to conduct exploratory 
activities, the applicant shall comply with this part, its special use 
permit, its approved exploration plan, plan of operation, and all 
reasonable stipulations, demands and orders issued by the Regional 
Director;
    (14) A description of the applicant's proposed data quality 
assurance and control program; and
    (15) Such other pertinent information as the Regional Director may 
reasonably require.

[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

[[Page 482]]

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.

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.

[[Page 483]]



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 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

[[Page 484]]

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 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.

[[Page 485]]

    (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 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.

[[Page 486]]

    (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 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

[[Page 487]]

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.
    (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.

[[Page 488]]



                    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, 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

[[Page 489]]

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 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

[[Page 490]]

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 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,

[[Page 491]]

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 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.

[[Page 492]]

    (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 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

[[Page 493]]

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 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

[[Page 494]]

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 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

[[Page 495]]

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 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

[[Page 496]]

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;
    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;

[[Page 497]]

    Thence northerly, between sections 17 and 18, approximately 1 mile 
to the corner of sections 7, 8, 17 and 18, T. 8 N., R. 34 E., Umiat 
Meridian;
    Thence westerly, between sections 7 and 18, approximately 1 mile to 
the corner of sections 7, 12, 13 and 18, T. 8 N., Rs. 33 and 34 E., 
Umiat Meridian;
    Thence southerly, between Rs. 33 and 34 E., approximately 1 mile to 
the corner of sections 13, 18, 19 and 24, T. 8 N., Rs. 33 and 34 E., 
Umiat Meridian;
    Thence westerly, between sections 13 and 24, 14 and 23, 15 and 22, 
approximately 3 miles to the corner of sections 15, 16, 21 and 22, T. 8 
N., R. 33 E., Umiat Meridian;
    Thence southerly, between sections 21 and 22, approximately 1 mile 
to the corner of sections 21, 22, 27 and 28, T. 8 N., R. 33 E., Umiat 
Meridian;
    Thence westerly, between sections 21 and 28, approximately one mile 
to the corner of sections 20, 21, 28 and 29, T. 8 N., R. 33 E., Umiat 
Meridian;
    Thence southerly, between sections 28 and 33, 29 and 32, 
approximately 2 miles to the corner of sections 4, 5, 32 and 33, Tps. 7 
and 8 N., R. 33 E., Umiat Meridian;
    Thence westerly, between Tps. 7 and 8 N., approximately 2 miles to 
the corner of Tps. 7 and 8 N., Rs. 32 and 33 E., Umiat Meridian;
    Thence southerly, between section 1 and 6 approximately 1 mile to 
the corner of sections 1, 6, 7, and 12, T. 7 N., Rs. 32 and 33 E., Umiat 
Meridian;
    Thence westerly, between sections 1 and 12, approximately 1 mile to 
the corner of sections 1, 2, 11 and 12, T. 7 N., R. 32 E., Umiat 
Meridian;
    Thence northerly, between sections 1 and 2, 35 and 36, approximately 
2 miles to the corner of sections 25, 26, 35 and 36, T. 8 N., R. 32 E., 
Umiat Meridian;
    Thence westerly, between sections 26 and 27, 34 and 35, 
approximately 2 miles to the corner of sections 27, 28, 33 and 34, T. 8 
N., R. 32 E., Umiat Meridian;
    Thence southerly, between sections 33 and 34, approximately one mile 
to the corner of sections 3, 4, 33 and 34, Tps. 7 and 8 N., R. 32 E., 
Umiat Meridian;
    Thence westerly, between Tps. 7 and 8 N., approximately 3 miles to 
the corner of Tps. 7 and 8 N., Rs. 31 and 32 E., Umiat Meridian;
    Thence northerly, between ranges 31 and 32 E., approximately 3\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,

[[Page 498]]

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 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

[[Page 499]]

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.



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.

[[Page 500]]



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'' 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 501]]



         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 502]]



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 503]]

    (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 504]]



   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 505]]

    (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 506]]

    (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 507]]

    (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 508]]

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 509]]

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 510]]

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 511]]

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 512]]

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 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

[[Page 513]]

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.

    Source: 40 FR 47509, Oct. 9, 1975, unless otherwise noted.

[[Page 514]]



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 515]]



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 516]]

    (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 517]]

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 518]]

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 519]]

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 520]]

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 521]]



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 522]]

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 523]]

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 524]]

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 525]]

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

[[Page 526]]

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.

[[Page 527]]

    (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?

[[Page 528]]

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

[[Page 529]]

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 530]]

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

[[Page 531]]

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 532]]

 
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 533]]

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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    (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 534]]

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

    \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.
---------------------------------------------------------------------------

    (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 535]]

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 536]]

(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 537]]

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 538]]


    (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\
---------------------------------------------------------------------------

    \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?

---------------------------------------------------------------------------
    (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 539]]



         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 540]]

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 541]]

    (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 542]]



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 543]]

    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 544]]

    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 545]]

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,

[[Page 546]]

cooperators, grant location, innovative approaches, public/private 
partnerships, education, sensitive waters, public access, and estimated 
costs;
    (e) Amount and source of matching funds; and,
    (f) Fees for use of facility.



                        Subpart C_Grant Selection



Sec. 85.30  Grant selection criteria.

    The Director shall give priority consideration to grant proposals 
that meet the criteria listed in Subsections a-h and in the accompanying 
chart:
    (a) In coastal States that have no survey or plan, proposals to 
complete such survey and plan;
    (b) Proposals for constructing and renovating pumpout and dump 
stations without an approved plan;
    (c) In coastal States, proposals for constructing and renovating 
pumpout and dump stations in accordance with a coastal State's plan 
approved under section 5603(c) of the Clean Vessel Act, and for inland 
States, proposals for constructing and renovating pumpout and dump 
stations in accordance with an inland State's plan;
    (d) Proposals that provide for public/private partnership efforts to 
develop and operate pumpout and dump stations;
    (e) Proposals for innovative ways to increase the availability and 
use of pumpout and dump stations, e.g., where private parties put in 
more than the minimum amount;
    (f) Proposals that include an education/information component, or 
the State has an active, ongoing education program;
    (g) Proposals that benefit the waters most likely to be affected by 
the discharge of sewage from vessels, including the waters as defined in 
the technical guidelines as published in the Federal Register; and,
    (h) Proposals in areas with high vessel/pumpout or dump station 
ratios.

------------------------------------------------------------------------
                                                            Points
                                                     -------------------
                      Criteria                         Coastal   Inland
                                                        state     state
------------------------------------------------------------------------
a. Do a survey/plan.................................        50  ........
b. Construct w/no plan..............................        10         5
c. Construct with plan..............................        20        10
d. Partnership......................................        10         5
e. Innovative approach..............................         5         2
f. Education........................................         5         2
g. Sensitive area...................................         5         2
h. Low pumpout ratio................................         5         2
      Total
------------------------------------------------------------------------


[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]



Sec. 85.31  Grant selection.

    The Fish and Wildlife Service, Division of Federal Aid, will convene 
a ranking panel of Federal employees, to include representatives from 
the Service's Washington Office of the Division of Federal Aid, the 
National Oceanic and Atmospheric Administration, the Environmental 
Protection Agency, and the U.S. Coast Guard, to review, rank, and make 
funding recommendations to the Director of the Fish and Wildlife 
Service. The Director will make the selection of eligible grants by 
August 1, annually. Upon selection of a proposal the appropriate 
Regional Office will advise the successful applicant of additional 
documentation requirements.



             Subpart D_Conditions on Use/Acceptance of Funds



Sec. 85.40  Cost sharing.

    (a) The Federal share shall not exceed 75% of total costs approved 
in the grant agreement.
    (b) The provisions of 43 CFR 12.64 apply to cost sharing or matching 
requirements. Third party in-kind contributions must be necessary and 
reasonable to accomplish grant objectives and represent the current 
market value of noncash contributions furnished as part of the grant by 
another public 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 547]]

    (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 548]]

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 549]]

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 550]]

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 551]]

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 552]]

      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 553]]

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 554]]



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 555]]

    (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 556]]

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 557]]



----------------------------------------------------------------------------------------------------------------
                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 558]]



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 559]]

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 560]]


------------------------------------------------------------------------
                         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 561]]

    (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 562]]



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 563]]

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 564]]

    (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 565]]

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 566]]



                  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 567]]



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 568]]

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 opening date and entry deadline.
91.12 Contest eligibility.
91.13 Technical requirements for design and submission of entry.
91.14 Restrictions on subject matter for entry.
91.15 Suitability of entry for engraving.
91.16 Submission procedures for entry.
91.17 Property insurance for contest 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 contest entries.
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 Agreement and Display and Participation Agreement, may be 
requested from the Federal Duck Stamp Office, U.S. Fish and Wildlife 
Service, 4401 N. Fairfax Dr. MBSP-4070, Arlington, VA 22203-1622. These 
documents can also be downloaded from our Web site: http://www.fws.gov/
duckstamps/.
    (c) All contestants from the most recent contest will be sent a copy 
of the

[[Page 569]]

regulations, the Display and Participation Agreement, and the 
Reproduction Rights Agreement.

[56 FR 22815, May 16, 1991, as amended at 71 FR 39014, July 11, 2006]



Sec. 91.2  Definitions.

    Contest Coordinator-- the contest official responsible for 
overseeing the 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 
allows the Service to display the entry at various locations for 
promotional purposes, and requires the artist to participate in events 
on 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; 71 
FR 39014, July 11, 2006]



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 ``white'' and ``blue'' morphs) (Chen 
caerulescens)
    (3) Ross's Goose (Chen rossii)
    (4) Emperor Goose (Chen canagica)
    (5) Canada Goose (Branta canadensis)
    (6) Cackling Goose (Branta hutchinsii)
    (d) Brant. (1) Brant (Branta bernicla)
    (e) Dabbling Ducks. (1) Wood Duck (Aix sponsa)
    (2) American Wigeon (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) Long-tailed Duck (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 Merganser (Lophodytes cucullatus)
    (2) Red-breasted Merganser (Mergus serrator)
    (3) Common Merganser (Mergus merganser)
    (i) Stiff Tails. (1) Ruddy Duck (Oxyura jamaicensis)

[71 FR 39014, July 11, 2006]

[[Page 570]]



              Subpart B_Procedures for Entering the Contest



Sec. 91.11  Contest opening date and entry deadline.

    The contest will officially open on June 1 of each year. Entries 
must be postmarked no later than midnight, August 15. For the latest 
information on contest time and place as well as all deadlines, please 
visit our Web site at www.fws.gov/duckstamps or call (703) 358-2000.

[71 FR 39014, July 11, 2006]



Sec. 91.12  Contest eligibility.

    (a) U.S. citizens, nationals, or resident aliens are eligible to 
participate in the contest.
    (b) Any person who has won the contest during the preceding 3 years 
is ineligible to submit an entry in the current year's contest. For the 
75th contest (2007) only, any artist, even those who won the 2004, 2005, 
and 2006 contests may enter. However, 2004, 2005, and 2006 winners must 
still fulfill their 3-year ineligibility terms after the 2007 contest. 
The 2007 contest will not count toward fulfilling ineligibility terms of 
2004, 2005, or 2006 winners.
    (c) All entrants must be at least 18 years of age by the contest 
opening date (see Sec. 91.11) to participate in the contest.
    (d) Contest judges and their relatives are ineligible to submit an 
entry.
    (e) All entrants must submit a nonrefundable fee of $125.00 by 
cashier's check, certified check, or money order made payable to U.S. 
Fish and Wildlife Service. Personal checks will not be accepted.
    (f) All entrants must submit a signed Reproduction Rights Agreement 
and a signed Display and Participation Agreement.

[72 FR 6488, Feb. 12, 2007]



Sec. 91.13  Technical requirements for design and submission of entry.

    The design must be a horizontal drawing or painting 7 inches high 
and 10 inches wide. The entry may be drawn in any medium desired by the 
contestant and may be either multicolored or black and white. No 
scrollwork, lettering, bird band numbers, signatures or initials may 
appear on the design. Each entry must be matted (on the front only) with 
a 9 inch by 12 inch white mat, 1 inch wide. The matting must be affixed 
with clear or white tape holding the matting to the picture. Entries 
must not be framed, or under glass, or have any protective covering 
(other than the matting) attached to them. The entire entry cannot 
exceed \1/4\ inch in total thickness.

[71 FR 39015, July 11, 2006]



Sec. 91.14  Restrictions on subject matter for 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, 
noneligible species, or other designs that depict uses of the stamp for 
sporting, conservation, and collecting purposes. 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, or from images in any format published on the Internet. 
Photographs, computer-generated art, or 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 a Federal or State stamp design may be submitted in the 
current contest if the entry meets the above criteria.

[71 FR 39015, July 11, 2006]



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

[[Page 571]]

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.
    (b) Each entry should be appropriately wrapped to protect the 
artwork and then either hand-delivered or sent by registered mail, 
certified mail, express mail, or overnight delivery service to the 
address in Sec. 91.1(b) of this part.

[56 FR 22815, May 16, 1991, as amended at 71 FR 39015, July 11, 2006]



Sec. 91.17  Property insurance for contest entries.

    Each contestant is responsible for obtaining adequate insurance 
coverage for his/her entry. Neither the Service nor the Department of 
the Interior will insure the entries, nor is the Service or Department 
responsible for loss or damage unless such is caused by Service or 
Department negligence or willful misconduct. The Service and Department 
reserve the right to determine whether negligence or willful misconduct 
led to artwork being damaged. Entry fees for the subsequent year's 
contest may be waived for artists whose artwork we determine to be 
damaged by any negligence on our part. This waiver remains at our 
discretion.

[71 FR 39015, July 11, 2006]



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.
    (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.
    (c) Disqualification. Any contestant who contacts a judge prior to 
or during the contest will automatically be disqualified from the 
current year's contest and barred from entering the three contests that 
come after the current year's contest.

[56 FR 22816, May 16, 1991, as amended at 71 FR 39015, July 11, 2006]



Sec. 91.22  Display of contest entries.

    The Federal Duck Stamp Office assigns all eligible entries a number 
as entries are received. That office displays the entries in numerical 
order at the contest site.

[71 FR 39015, July 11, 2006]



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.

[[Page 572]]



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 U.S. Postal Service will do a critical analysis of the entries that 
will be judged in the second round and 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 per paragraph (d) 
of this section, will be shown one at a time to the judges by the 
Contest Coordinator or by a contest staff member. Each judge will vote 
by indicating a numerical score of one (1), two (2), three (3), four 
(4), or five (5) for each entry. The scores will be totaled to provide 
each entry's score. The five 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 that 
they will indicate a numerical score of three (3), four (4), or five (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; 71 FR 39015, July 11, 2006; 72 FR 6488, Feb. 12, 
2007]



                    Subpart D_Post-Contest Procedures



Sec. 91.31  Return of entries after contest.

    (a) 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 1 year after the date of the contest.
    (b) Artists in the third round of judging will be chosen to appear 
in a national art tour that will last 1 year. The artwork will be 
returned to the artists after that period in accordance with the signed 
participation agreement.

[[Page 573]]

    (c) An artist may choose to remove his or her artwork from the tour, 
but will forfeit contest eligibility for three successive contests.

[72 FR 6488, Feb. 12, 2007]



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.



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

[[Page 574]]

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.
    Game Management Unit, also referred to simply as Unit, means 1 of 
the 26 geographical areas listed in the codified State of Alaska hunting 
and trapping regulations and on maps of the Alaska State Game Management 
Units.
    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 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.
    Seabirds refers to all bird species listed in Sec. 92.32 within the 
families Alcidae, Laridae, Procellariidae, and Phalacrocoracidae.
    Service Regulations Committee means the Migratory Bird Regulations 
Committee of the U.S. Fish and Wildlife Service.
    Shorebirds refers to all bird species listed in Sec. 92.32 within 
the families Charadriidae, Haematopodidae, and Scolopacidae.
    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.
    Taxidermy refers to birds preserved and mounted in lifelike 
representations. Taxidermy does not include preserving bird parts to be 
integrated into traditional arts and crafts.
    Village is defined as a permanent settlement with one or more year-
round residents.
    Waterfowl refers to all bird species listed in Sec. 92.32 within 
the family Anatidae.

[67 FR 53517, Aug. 16, 2002, as amended at 68 FR 43027, July 21, 2003; 
69 FR 17327, Apr. 2, 2004]



Sec. 92.5  Who is eligible to participate?

    If you are a permanent resident of a village within a subsistence 
harvest

[[Page 575]]

area, you will be eligible to harvest migratory birds and their eggs for 
subsistence purposes during the applicable periods specified in subpart 
D of this part.
    (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.
    (1) 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. The Co-management Council will 
then consider each petition and will submit to the Service any 
recommendations to exclude areas from the spring and summer subsistence 
harvest. The Service will publish any approved recommendations for 
public comment in the Federal Register.
    (2) Based on petitions for inclusion recommended by the Co-
management Council, the Service has added the following communities to 
the included areas under this part:
    (i) Upper Copper River Region--Gulkana, Gakona, Tazlina, Copper 
Center, Mentasta Lake, Chitina, Chistochina.
    (ii) Gulf of Alaska Region--Chugach Community of Tatitlek, Chugach 
Community of Chenega, Chugach Community of Port Graham, Chugach 
Community of Nanwalek.
    (iii) Cook Inlet Region--Tyonek.
    (iv) Southeast Alaska Region--Hoonah, Craig, Hydaburg, and Yakutat.
    (b) Excluded areas. Excluded areas are not subsistence harvest areas 
and are closed to harvest. Residents of excluded areas are not eligible 
persons as defined in Sec. 92.4. Communities located within the 
excluded areas provided in paragraphs (b)(2) and (b)(3) of this section 
may petition the Co-management Council through their 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 for public comment in the Federal Register. 
Excluded areas consist of the following:
    (1) All areas outside of Alaska.
    (2) Village areas located in Anchorage, the Matanuska-Susitna 
Borough, the Kenai Peninsula roaded area, the Gulf of Alaska roaded 
area, Southeast Alaska, and the Central Interior Excluded Area as 
described in paragraph (b)(3) of this section generally do not qualify 
for a spring and summer harvest.
    (3) The Central Interior Excluded Area comprises the following: That 
portion of Unit 20(A) east of the Wood River drainage and south of Rex 
Trail, including the upper Wood River drainage south of its confluence 
with Chicken Creek; that portion of Unit 20(C) east of Denali National 
Park north to Rock Creek and east to Unit 20(A); and that portion of 
Unit 20(D) west of the Tanana River between its confluence with the 
Johnson and Delta Rivers, west of the east bank of the Johnson River, 
and north and west of the Volmar drainage, including the Goodpaster 
River drainage. The following communities are within the Excluded Area: 
Delta Junction/Big Delta/Fort Greely, McKinley Park/Village, Healy, 
Ferry, and all residents of the formerly named Fairbanks North Star 
Borough Excluded Area.
    (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

[[Page 576]]

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. 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; 
69 FR 17327, Apr. 2, 2004; 70 FR 18248, Apr. 8, 2005; 72 FR 18322, Apr. 
11, 2007]



Sec. 92.6  Use and possession of migratory birds.

    You may not sell, offer for sale, purchase, or offer to purchase 
migratory birds, their parts, or their eggs taken under this part.
    (a) Eligible persons. Under this part, you may take birds for human 
consumption only. Harvest and possession of migratory birds must be done 
using nonwasteful taking. Nonedible byproducts of migratory birds taken 
for food may be used for other purposes, except that taxidermy is not 
allowed.
    (b) Noneligible persons. You may receive portions of birds or their 
eggs not kept for human consumption from eligible persons only if you 
have a valid permit issued under 50 CFR 21.27 for scientific research or 
education, and consistent with the terms and conditions of that permit.

[69 FR 17227, Apr. 2, 2004]



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.

[[Page 577]]

    (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 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;

[[Page 578]]

    (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 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

[[Page 579]]

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:
    (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 and St. Lawrence islands (Use of live 
birds as decoys is a customary and traditional means of harvesting 
auklets on Diomede and St. Lawrence islands.);
    (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) Having in possession or using lead or other toxic shot while 
hunting (Approved nontoxic shot types are listed in Sec. 20.21(j) of 
subchapter B.);
    (h) Shooting while on or across any road or highway;
    (i) Using an air boat (Interior and Bristol Bay Regions only) or jet 
ski (Interior Region only) for hunting or transporting hunters;
    (j) Using private or chartered aircraft for hunting or transporting 
hunters, except for transportation between community airstrips (Unit 18, 
Yukon/Kuskokwim Delta Region only); or
    (k) 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, as provided at 50 CFR 20.21(i) and 16 U.S.C. 704(b).

[68 FR 43028, July 21, 2003, as amended at 69 FR 17327, Apr. 2, 2004; 70 
FR 18248, Apr. 8, 2005; 71 FR 10408, Feb. 28, 2006; 72 FR 18323, Apr. 
11, 2007]



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

[[Page 580]]

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 
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]

[[Page 581]]



                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.
100.27 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 or ANILCA relevant to the taking of fish and wildlife on public 
land 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 poortion 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 inland waters, both navigable and non-navigable, 
within and adjacent to the exterior boundaries of the following areas, 
and on the marine waters as identified in the following areas:
    (1) Alaska Maritime National Wildlife Refuge, including the:
    (i) Karluk Subunit: All of the submerged land and water of the 
Pacific Ocean (Sheliokof Strait) extending 3,000 feet from the shoreline 
between a point on the spit at the meander corner common to Sections 35 
and 36 of Township 30 South, Range 33 West, and a point approximately 
1\1/4\ miles east of Rocky Point within Section 14 of Township 29 South, 
Range 31, West, Seward Meridian as described in Public Land Order 128, 
dated June 19, 1943;
    (ii) Womens Bay Subunit: Womens Bay, Gibson Cove, portions of St. 
Paul Harbor and Chiniak Bay: All of the submerged land and water as 
described

[[Page 582]]

in Public Land Order 1182, dated July 7, 1955 (U.S. Survey 21539);
    (iii) Afognak Island Subunit: A submerged lands and waters of the 
Pacific Ocean lying within 3 miles of the shoreline as described in 
Proclamation No. 39, dated December 24, 1892;
    (iv) Simeonof Subunit: All of the submerged land and water of 
Simeonof Island together with the adjacent waters of the Pacific Ocean 
extending 1 mile from the shoreline as described in Public Land Order 
1749, dated October 30, 1958; and
    (v) Semidi Subunit: All of the submerged land and water of the 
Semidi Islands together with the adjacent waters of the Pacific Ocean 
lying between parallels 55[deg]57[min]57[sec]00-56[deg]15[min]57[sec]00 
North Latitute and 156[deg]30[min]00[sec]-157[deg]00[min]00[sec] West 
Longitude as described in Executive Order 5858, dated June 17, 1932;
    (2) Arctic National Wildlife Refuge, including those waters 
shoreward of the line of extreme low water starting in the vicinity of 
Monument 1 at the intersection of the International Boundary line 
between the State of Alaska and the Yukon Territory; Canada, and 
extending westerly, along the line of extreme low water across the 
entrances of lagoons such that all offshore bars, reefs and islands, and 
lagoons that separate them from the mainland to Brownlow Point, 
approximately 70 10[min] North Latitude and 145 51[min] West Longitude;
    (3) National Petroleum Reserve in Alaska, including those waters 
shoreward of a line beginning at the western bank of the Colville River 
following the highest highwater mark westerly, extending across the 
entrances of small lagoons, including Pearl Bay, Wainwright Inlet, the 
Kuk River, Kugrau Bay and River, and other small bays and river 
estuaries, and following the ocean side of barrier islands and sandspits 
within three miles of shore and the ocean side of the Plover Islands, to 
the northwestern extremity of Icy cape, at approximately 70[deg]21[min] 
North Latitute and 161 46[min] West Longitude; and
    (4) Yukon Delta National Wildlife Refuge, including Nunivak Island: 
the submerged land and water of Nunivak Island together with the 
adjacent waters of the Bering Sea extending, for Federal Subsistence 
Management purposes, 3 miles from the shoreline of Nunivak Island as 
described in Executive Order No. 5059, dated April 15, 1929.
    (5) Southeastern Alaska--Makhnati Island Area: Land and waters 
beginning at the southern point of Fruit Island, 
5[deg]02[min]35[sec]north latitude, 135[deg]21[min]07[sec] west 
longitude as shown on United States Coast and Geodetic Survey Chart No. 
8244, May 21, 1941; from the point of beginning, by metes and bounds; S. 
58[deg] W., 2500 feet, to the southern point of Nepovorotni Rocks; S. 
83[deg] W., 5600 feet, on a line passing through the southern point of a 
small island lying about 150 feet south of Makhnati Island; N. 6[deg] 
W., 4200 feet, on a line passing through the western point of a small 
island lying about 150 feet west of Makhnati Island, to the northwestern 
point of Signal Island; N. 24[deg] E., 3000 feet, to a point, 
5[deg]03[min]15[sec] north latitude, 135[deg]23[min]07[sec] west 
longitude; East, 2900 feet, to a point in course No. 45 in meanders of 
U.S. Survey No. 1496, on west side of Japonski Island; Southeasterly, 
with the meanders of Japonski Island, U.S. Survey No. 1496 to angle 
point No. 35, on the southwestern point of Japonski Island; S. 60[deg] 
E., 3300 feet, along the boundary line of Naval reservation described in 
Executive Order No. 8216, July 25, 1939, to the point beginning.
    (c) The regulations contained in this part apply on all public 
lands, excluding marine waters, but including all inland waters, both 
navigable and non-navigable, within and adjacent to the exterior 
boundaries of the following areas:

(1) Alaska Peninsula National Wildlife Refuge;
(2) Aniakchak National Monument and Preserve;
(3) Becharof National Wildlife Refuge;
(4) Bering Land Bridge National Preserve;
(5) Cape Krusenstern National Monument;
(6) Chugach National Forest;
(7) Denali National Preserve and the 1980 additions to Denali National 
Park;
(8) Gates of the Arctic National Park and Preserve;
(9) Glacier Bay National Preserve;
(10) Innoko National Wildlife Refuge;

[[Page 583]]

(11) Izembek National Wildlife Refuge;
(12) Kanuti National Wildlife Refuge;
(13) Katmai National Preserve;
(14) Kenai National Wildlife Refuge;
(15) Kobuk Valley National Park;
(16) Kodiak National Wildlife Refuge;
(17) Koyukuk National Wildlife Refuge;
(18) Lake Clark National Park and Preserve;
(19) Noatak National Preserve;
(20) Nowitna National Wildlife Refuge;
(21) Selawik National Wildlife Refuge;
(22) Steese National Conservation Area;
(23) Tetlin National Wildlife Refuge;
(24) Togiak National Wildlife Refuge;
(25) Tongass National Forest, including Admiralty Island National 
    Monument and Misty Fjords National Monument;
(26) White Mountain National Recreation Area;
(27) Wrangell-St. Elias National Park and Preserve;
(28) Yukon-Charley Rivers National Preserve;
(29) Yukon Flats National Wildlife Refuge;
(30) 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.

    (d) The regulations contained in this part apply on all other public 
lands, other than to the military, U.S. Coast Guard, and Federal 
Aviation Administration lands that are closed to access by the general 
public, including all non-navigable waters located on these lands.
    (e) The public lands described in paragraphs (b) and (c) 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.

[70 FR 76407, Dec. 27, 2005, as amended by 71 FR 49999, Aug. 24, 2006]



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 584]]

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.
    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 585]]

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.

[69 FR 60962, Oct. 14, 2004]



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 586]]

    (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 587]]

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 588]]

    (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 589]]

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 
Secretaries, based on Board recommendation, will establish the number of 
members for each Regional Council. To ensure that each Council 
represents a diversity of interests, the Board will strive to ensure 
that 70 percent of the members represent subsistence interests within a 
region and 30 percent of the members represent commercial and sport 
interests within a region. The portion of membership that represents the 
commercial and sport interests shall include, where possible, at least 
one representative from the sport community and one representative from 
the commercial community. A Regional Council member must be a resident 
of the region in which he or she is appointed and must be knowledgeable 
about the region and subsistence uses of the public lands therein. The 
Board will accept nominations and make recommendations to the 
Secretaries for membership on the Regional Councils. In making their 
recommendations, the Board will identify the interest(s) the applicants 
propose to represent on the respective Regional Councils. The Secretary 
of the Interior with the concurrence of the Secretary of Agriculture 
will make the appointments to the Regional Councils.
    (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:

[[Page 590]]

    (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;
    (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; 69 
FR 60962, Oct. 14, 2004]



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

[[Page 591]]

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.



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

[[Page 592]]

    (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 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.

[[Page 593]]

    (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 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

[[Page 594]]

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 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

[[Page 595]]

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).
    (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 those set forth in this 
paragraph. You may obtain maps delineating the boundaries of nonrural 
areas from the U.S. Fish and Wildlife Service, Office of Subsistence 
Management. The nonrural areas include:
    (1) Anchorage, Municipality of;
    (2) Fairbanks North Star Borough;
    (3) Homer area--including Homer, Anchor Point, North Fork Road area, 
Kachemak City, and the Fritz Creek East area (not including Voznesenka);
    (4) Juneau area--including Juneau, West Juneau, and Douglas;
    (5) Kenai area--including Kenai, Soldotna, Sterling, Nikiski, 
Salamatof, Kalifonsky, Kasilof, and Clam Gulch;
    (6) Ketchikan area--including all parts of the road system connected 
to the City of Ketchikan including Saxman, Pennock Island and parts of 
Gravina Island;
    (7) Prudhoe Bay;
    (8) Seward area--including Seward and Moose Pass;
    (9) Valdez; and
    (10) Wasilla/Palmer area--including Wasilla, Palmer, Sutton, Big 
Lake, Houston, Point MacKenzie, and Bodenburg Butte.
    (b) [Reserved]

[72 FR 25697, May 7, 2007]



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

[[Page 596]]

traditional use of the specified species on Federal public lands within 
the listed areas:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Unit 1C.......................  Black Bear.......  Residents of Units
                                                    1C, 1D, 3, Hoonah,
                                                    Pelican, Point
                                                    Baker, Sitka, and
                                                    Tenakee Springs.
1A............................  Brown Bear.......  Residents of Unit 1A,
                                                    except no
                                                    subsistence for
                                                    residents of Hyder.
1B............................  Brown Bear.......  Residents of Unit 1A,
                                                    Petersburg, and
                                                    Wrangell, except no
                                                    subsistence for
                                                    residents of Hyder.
1C............................  Brown Bear.......  Residents of Unit 1C,
                                                    Haines, Hoonah,
                                                    Kake, Klukwan,
                                                    Skagway, and
                                                    Wrangell, except no
                                                    subsistence for
                                                    residents of
                                                    Gustavus.
1D............................  Brown Bear.......  Residents of 1D.
1A............................  Deer.............  Residents of Units 1A
                                                    and 2.
1B............................  Deer.............  Residents of Units
                                                    1A, 1B, 2, and 3.
1C............................  Deer.............  Residents of 1C, 1D,
                                                    Hoonah, Kake, and
                                                    Petersburg.
1D............................  Deer.............  No Federal
                                                    subsistence
                                                    priority.
1B............................  Goat.............  Residents of Units 1B
                                                    and 3.
1C............................  Goat.............  Residents of Haines,
                                                    Kake, Klukwan,
                                                    Petersburg, and
                                                    Hoonah.
1B............................  Moose............  Residents of Units 1,
                                                    2, 3, and 4.
1C Berner's Bay...............  Moose............  No Federal
                                                    subsistence
                                                    priority.
1D............................  Moose............  Residents of Unit 1D.
Unit 2........................  Deer.............  Residents of Units
                                                    1A, 2, and 3.
Unit 3........................  Deer.............  Residents of Units
                                                    1B, 3, Port
                                                    Alexander, Port
                                                    Protection, Pt.
                                                    Baker, and Meyer's
                                                    Chuck.
3, Wrangell and Mitkof Islands  Moose............  Residents of Units
                                                    1B, 2, and 3.
Unit 4........................  Brown Bear.......  Residents of Unit 4
                                                    and Kake.
4.............................  Deer.............  Residents of Unit 4,
                                                    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 5A.
5.............................  Brown Bear.......  Residents of Yakutat.
5.............................  Deer.............  Residents of Yakutat.
5.............................  Goat.............  Residents of Unit 5A.
5.............................  Moose............  Residents of Unit 5A.
5.............................  Wolf.............  Residents of Unit 5A.
Unit 6A.......................  Black Bear.......  Residents of Yakutat
                                                    and Units 6C and 6D,
                                                    except no
                                                    subsistence for
                                                    Whittier.
6, remainder..................  Black Bear.......  Residents of Units 6C
                                                    and 6D, except no
                                                    subsistence for
                                                    Whittier.
6.............................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
6A............................  Goat.............  Residents of Units
                                                    5A, and 6C, Chenega
                                                    Bay, and Tatitlek.
6C and D......................  Goat.............  Residents of Units 6C
                                                    and D.
6A............................  Moose............  Residents of Units
                                                    5A, 6A, 6B and 6C.
6B and C......................  Moose............  Residents of Units
                                                    6A, 6B and 6C.
6D............................  Moose............  No Federal
                                                    subsistence
                                                    priority.
6A............................  Wolf.............  Residents of Units
                                                    5A, 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 Nanwalek.
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 9D.......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
9A and 9B.....................  Black Bear.......  Residents of Units
                                                    9A, 9B, 17A, 17B,
                                                    and 17C.
9A............................  Brown Bear.......  Residents of Pedro
                                                    Bay.

[[Page 597]]

 
9B............................  Brown Bear.......  Residents of Unit 9B.
9C............................  Brown Bear.......  Residents of Unit 9C.
9D............................  Brown Bear.......  Residents of Units 9D
                                                    and 10 (Unimak
                                                    Island).
9E............................  Brown Bear.......  Residents of Chignik,
                                                    Chignik Lagoon,
                                                    Chignik Lake,
                                                    Egegik, Ivanof Bay,
                                                    Perryville, Pilot
                                                    Point, Ugashik, and
                                                    Port Heiden/Meshik.
9A and B......................  Caribou..........  Residents of Units
                                                    9B, 9C, and 17.
9C............................  Caribou..........  Residents of Units
                                                    9B, 9C, 17, and
                                                    Egegik.
9D............................  Caribou..........  Residents of Unit 9D,
                                                    Akutan, and False
                                                    Pass.
9E............................  Caribou..........  Residents of Units
                                                    9B, 9C, 9E, 17,
                                                    Nelson Lagoon and
                                                    Sand Point.
9A, B, C and E................  Moose............  Residents of Units
                                                    9A, 9B, 9C, and 9E.
9D............................  Moose............  Residents of Cold
                                                    Bay, False Pass,
                                                    King Cove, Nelson
                                                    Lagoon, and Sand
                                                    Point.
9B............................  Sheep............  Residents of Iliamna,
                                                    Newhalen, Nondalton,
                                                    Pedro Bay, Port
                                                    Alsworth, and
                                                    residents of Lake
                                                    Clark Natonal Park
                                                    and Preserve within
                                                    Unit 9B.
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.
9A, B, C, & E.................  Beaver...........  Residents of Units
                                                    9A, 9B, 9C, 9E, and
                                                    17.
Unit 10 Unimak Island.........  Brown Bear.......  Residents of Units 9D
                                                    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 Units 11.
11, north of the Sanford River  Caribou..........  Residents of Units
                                                    11, 12, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.
11, remainder.................  Caribou..........  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
11............................  Goat.............  Residents of Unit 11,
                                                    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, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.
11, remainder.................  Moose............  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
11, north of the Sanford River  Sheep............  Residents of Unit 12,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Glennallen,
                                                    Gulkana, Healy Lake,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    McCarthy/South
                                                    Wrangell/South Park,
                                                    Tazlina, Tonsina,
                                                    residents along the
                                                    Nabesna Road--
                                                    Milepost 0-46
                                                    (Nabesna Road), and
                                                    residents along the
                                                    McCarthy Road--
                                                    Milepost 0-62
                                                    (McCarthy Road).
11, remainder.................  Sheep............  Residents of Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Glennallen,
                                                    Gulkana, Kenny Lake,
                                                    Mentasta Lake,
                                                    Slana, McCarthy/
                                                    South Wrangell/South
                                                    Park, Tazlina,
                                                    Tonsina, residents
                                                    along the Tok
                                                    Cutoff--Milepost 79-
                                                    110 (Mentasta Pass),
                                                    residents along the
                                                    Nabesna Road--
                                                    Milepost 0-46
                                                    (Nabesna Road), and
                                                    residents along the
                                                    McCarthy Road--
                                                    Milepost 0-62
                                                    (McCarthy Road).

[[Page 598]]

 
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,
                                                    20D, 22 and 23.
11............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 12, 13 and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 22 and 23.
Unit 12.......................  Brown Bear.......  Residents of Unit 12,
                                                    Dot Lake,
                                                    Chistochina, Gakona,
                                                    Mentasta Lake, and
                                                    Slana.
12............................  Caribou..........  Residents of Unit 12,
                                                    Dot Lake, Healy
                                                    Lake, and Mentasta
                                                    Lake.
12, that portion within the     Moose............  Residents of Units
 Tetlin National Wildlife                           12, 13C, Dot Lake,
 Refuge and those lands within                      and Healy Lake.
 the Wrangell-St. Elias
 National Preserve north and
 east of a line formed by the
 Pickerel Lake Winter Trail
 from the Canadian border to
 Pickerel Lake.
12, that portion east of the    Moose............  Residents of Units
 Nabesna River and Nabesna                          12, 13C, and Healy
 Glacier, and south of the                          Lake.
 Winter Trail running
 southeast from Pickerel Lake
 to the Canadian border.
12, remainder.................  Moose............  Residents of Unit 11
                                                    north of 62nd
                                                    parallel, Units 12,
                                                    13A-D and the
                                                    residents of
                                                    Chickaloon, Dot
                                                    Lake, and Healy
                                                    Lake.
12............................  Sheep............  Residents of Unit 12,
                                                    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.
13B...........................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    residents of Unit
                                                    20D except Fort
                                                    Greely, and the
                                                    residents of
                                                    Chickaloon.
13C...........................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13
                                                    Chickaloon, Dot Lake
                                                    and Healy Lake.
13A and D.....................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    and the residents of
                                                    Chickaloon.
13E...........................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    Chickaloon, McKinley
                                                    Village, and the
                                                    area along the Parks
                                                    Highway between
                                                    mileposts 216 and
                                                    239 (except no
                                                    subsistence for
                                                    residents of Denali
                                                    National Park
                                                    headquarters).
13D...........................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
13A and D.....................  Moose............  Residents of Unit 13,
                                                    Chickaloon, and
                                                    Slana.
13B...........................  Moose............  Residents of Units
                                                    13, 20D except Fort
                                                    Greely, and the
                                                    residents of
                                                    Chickaloon and
                                                    Slana.
13C...........................  Moose............  Residents of Units
                                                    12, 12, and the
                                                    residents of
                                                    Chickaloon, Healy
                                                    Lake, Dot Lake and
                                                    Slana.
13E...........................  Moose............  Residents of Unit 13,
                                                    Chickaloon, McKinley
                                                    Village, Slana, and
                                                    the area along the
                                                    Parks Highway
                                                    between mileposts
                                                    216 and 239 (except
                                                    no subsistence for
                                                    residents of Denali
                                                    National Park
                                                    headquarters).
13D...........................  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 and   11, 13 and the
                                 Sharp-tailed).     residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 22 and 23.
13............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13 and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 22 and 23.
Unit 14C......................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
14............................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
14............................  Moose............  No Federal
                                                    subsistence
                                                    priority.
14A and C.....................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 15C......................  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............................  Moose............  Residents of
                                                    Ninilchik, Nanwalek,
                                                    Port Graham, and
                                                    Seldovia.
15............................  Sheep............  No Federal
                                                    subsistence
                                                    priority.

[[Page 599]]

 
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 16B......................  Black Bear.......  Residents of Unit
                                                    16B.
16............................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
16A...........................  Moose............  No Federal
                                                    subsistence
                                                    priority.
16B...........................  Moose............  Residents of Unit
                                                    16B.
16............................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
16............................  Wolf.............  Residents of Units 6,
                                                    19, 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,
                                                    20D, 22 and 23.
16............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13 and the
                                 tailed).           residents of
                                                    Chickaloon 15, 16,
                                                    20D, 22 and 23.
Unit 17A and that portion of    Black Bear.......  Residents of Units 9A
 17B draining into Nuyakuk                          and B, 17, Akiak,
 Lake and Tikchik Lake.                             and Akiachak.
17, remainder.................  Black Bear.......  Residents of Units 9A
                                                    and B, and 17.
17A...........................  Brown Bear.......  Residents of Unit 17,
                                                    Akiak, Akiachak,
                                                    Goodnews Bay, and
                                                    Platinum.
17A 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.
17B, that portion draining      Brown Bear.......  Residents of Akiak
 into Nuyakuk Lake and Tikchik                      and Akiachak.
 Lake.
17B and C.....................  Brown Bear.......  Residents of Unit 17.
17............................  Caribou..........  Residents of Units
                                                    9B, 17, Lime
                                                    Village, and Stony
                                                    River.
Unit 17A, that portion west of  Caribou..........  Residents of Goodnews
 the Izavieknik River, Upper                        Bay, Platinum,
 togiak Lake, Togiak Lake, and                      Quinhagak, Eek,
 the main course of the Togiak                      Tuntutuliak, and
 River.                                             Napakiak.
Unit 17A, that portion north    Caribou..........  Residents of Goodnews
 of Togiak Lake that includes                       Bay, Platinum,
 Izavieknik River drainages.                        Quinhagak, Eek,
                                                    Tuntutuliak, and
                                                    Napakiak.
Unit 17A, that portion north    Caribou..........  Residents of Akiak,
 of Togiak Lake that includes                       Akiachak, and
 Izavieknik River drainages.                        Tuluksak.
17A 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 17B, that portion of       Caribou..........  Residents of Bethel,
 Togiak National Wildlife                           Goodnews Bay,
 Refuge within Unit 17B.                            Platinum, quinhagak,
                                                    Eek, Akiak,
                                                    Akiachak, Tuluksak,
                                                    Tuntutuliak, and
                                                    Napakiak.
17A 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.
17A...........................  Moose............  Residents of Unit 17,
                                                    Goodnews Bay and
                                                    Platinum; however,
                                                    no subsistence for
                                                    residents of
                                                    Akiachak, Akiak and
                                                    Quinhagak.
17A, that portion north of      Moose............  Residents of Akiak,
 Togiak Lake that includes                          Akiachak.
 Izavieknik River drainages.
Unit 17B, that portion within   Moose............  Residents of Akiak,
 the Togiak National Wildlife                       Akiachak.
 Refuge.
17B and C.....................  Moose............  Residents of Unit 17,
                                                    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
                                                    9A, 9B, 9C, 9E, and
                                                    17.
Unit 18.......................  Black Bear.......  Residents of Unit 18,
                                                    Unit 19A living
                                                    downstream of the
                                                    Holokuk River, Holy
                                                    Cross, Stebbins, St.
                                                    Michael, Twin Hills,
                                                    and Togiak.

[[Page 600]]

 
18............................  Brown Bear.......  Residents of
                                                    Akiachak, Akiak,
                                                    Eek, Goodnews Bay,
                                                    Kwethluk, Mt.
                                                    Village, Napaskiak,
                                                    Platinum, Quinhagak,
                                                    St. Marys, and
                                                    Tuluksak.
18............................  Caribou..........  Residents of Unit 18,
                                                    Manokotak, Stebbins,
                                                    St. Michael, Togiak,
                                                    Twin Hills, and
                                                    Upper Kalskag.
18, that portion of the Yukon   Moose............  Residents of Unit 18,
 River drainage upstream of                         Upper Kalskag,
 Russian Mission and that                           Aniak, and
 portion of the Kuskokwim                           Chuathbaluk.
 River drainage upstream of,
 but not including, the
 Tuluksak River drainage.
18, remainder.................  Moose............  Residents of Unit 18,
                                                    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 19C and D................  Bison............  No Federal
                                                    subsistence
                                                    priority.
19A and B.....................  Brown Bear.......  Residents of Units 19
                                                    and 18 within the
                                                    Kuskokwim River
                                                    drainage upstream
                                                    from, and including,
                                                    the Johnson River.
19C...........................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
19D...........................  Brown Bear.......  Residents of Units
                                                    19A and D, Tuluksak
                                                    and Lower Kalskag.
19A and B.....................  Caribou..........  Residents of Units
                                                    19A and 19B, Unit 18
                                                    within the Kuskokwim
                                                    River drainage
                                                    upstream from, and
                                                    including, the
                                                    Johnson River, and
                                                    residents of St.
                                                    Marys, Marshall,
                                                    Pilot Station,
                                                    Russian Mission.
19C...........................  Caribou..........  Residents of Unit
                                                    19C, Lime Village,
                                                    McGrath, Nikolai,
                                                    and Telida.
19D...........................  Caribou..........  Residents of Unit
                                                    19D, Lime Village,
                                                    Sleetmute, and Stony
                                                    River.
19A and B.....................  Moose............  Residents of Unit 18
                                                    within Kuskokwim
                                                    River drainage
                                                    upstream from and
                                                    including the
                                                    Johnson River, and
                                                    residents of Unit
                                                    19.
Unit 19B, west of the           Moose............  Residents of Eek and
 Kogrukluk River.                                   Quinhagak.
19C...........................  Moose............  Residents of Unit 19.
19D...........................  Moose............  Residents of Unit 19
                                                    and Lake Minchumina.
19............................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13 and the
                                                    residents of
                                                    Chickaloon, and 16-
                                                    26.
Unit 20D......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
20F...........................  Black Bear.......  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley.
20E...........................  Brown Bear.......  Residents of Unit 12
                                                    and Dot Lake.
20F...........................  Brown Bear.......  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley.
20A...........................  Caribou..........  Residents of
                                                    Cantwell, Nenana,
                                                    and those demociled
                                                    between mileposts
                                                    216 and 239 of the
                                                    Parks Highway. No
                                                    subsistence priority
                                                    for residents of
                                                    households of the
                                                    Denali National Park
                                                    Headquarters.
20B...........................  Caribou..........  Residents of Unit
                                                    20B, Nenana, and
                                                    Tanana.
20C...........................  Caribou..........  Residents of Unit 20C
                                                    living east of the
                                                    Teklanika River,
                                                    residents of
                                                    Cantwell, Lake
                                                    Minchumina, Manley
                                                    Hot Springs, Minto,
                                                    Nenana, Nikolai,
                                                    Tanana, Talida, and
                                                    those domiciled
                                                    between mileposts
                                                    216 and 239 of the
                                                    Parks Highway and
                                                    between mileposts
                                                    300 and 309. No
                                                    subsistence priority
                                                    for residents of
                                                    households of the
                                                    Denali National Park
                                                    Headquarters.
20D and E.....................  Caribou..........  Residents of 20D, 20E
                                                    and Unit 12 north of
                                                    the Wrangell-St.
                                                    Elias National Park
                                                    and Preserve.
20F...........................  Caribou..........  Residents of 20F,
                                                    25D, and Manley.
20A...........................  Moose............  Residents of
                                                    Cantwell, Minto,
                                                    Nenana, McKinley
                                                    Village, and the
                                                    area along the Parks
                                                    Highway between
                                                    mileposts 216 and
                                                    239, except no
                                                    subsistence for
                                                    residents of
                                                    households of the
                                                    Denali National Park
                                                    Headquarters.
20B, Minto Flats Management     Moose............  Residents of Minto
 Area.                                              and Nenana.
20B, remainder................  Moose............  Residents of Unit
                                                    20b, Nenana, and
                                                    Tanana.

[[Page 601]]

 
20C...........................  Moose............  Residents of Unit 20C
                                                    (except that portion
                                                    within Denali
                                                    National Park and
                                                    Preserve and that
                                                    portion east of the
                                                    Teklanika River),
                                                    Cantwell, Manley,
                                                    Minto, Nenana, those
                                                    domiciled between
                                                    mileposts 300 and
                                                    309 of the Parks
                                                    Highway, Nikolai,
                                                    Tanana, Telida,
                                                    McKinely 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.
20D...........................  Moose............  Residents of Unit 20D
                                                    and residents of
                                                    Tanacross.
20E...........................  Moose............  Residents of Unit
                                                    20E, Unit 12 north
                                                    of the Wrangell-St.
                                                    Elias National
                                                    Preserve, Circle,
                                                    Centrl, Dot Lake,
                                                    Healy Lake, and
                                                    Mentasta Lake.
20F...........................  Moose............  Residents of Unit
                                                    20F, Manley, Minto,
                                                    and Stevens Village.
20F...........................  Wolf.............  Residents of Unit
                                                    20F, 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.
20D...........................  Grouse, (Spruce,   Residents of Units
                                 Ruffed and Sharp-  11, 13, and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 22 and 23.
20D...........................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13 and the
                                                    residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 22 and 23.
Unit 21.......................  Brown Bear.......  Residents of Units 21
                                                    and 23.
21A...........................  Caribou..........  Residents of Units
                                                    21A, 21D, 21E,
                                                    Aniak, Chuathbaluk,
                                                    Crooked Creek,
                                                    McGrath, and
                                                    Takotna.
21B and C.....................  Caribou..........  Residents of Units
                                                    21B, 21C, 21D, and
                                                    Tanana.
21D...........................  Caribou..........  Residents of Units
                                                    21B, 21C, 21D, and
                                                    Huslia.
21E...........................  Caribou..........  Residents of Units
                                                    21A, 21E, Aniak,
                                                    Chuathbaluk, Crooked
                                                    Creek, McGrath, and
                                                    Takotna.
21A...........................  Moose............  Residents of Units
                                                    21A, 21E, Takotna,
                                                    McGrath, Aniak, and
                                                    Crooked Creek.
21B and C.....................  Moose............  Residents of Units
                                                    21B, 21C, Tanana,
                                                    Ruby, and Galena.
21D...........................  Moose............  Residents of Units
                                                    21D, Huslia, and
                                                    Ruby.
21E...........................  Moose............  Residents of Unit 21E
                                                    and Russian Mission.
21............................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13 and the
                                                    residents of
                                                    Chickaloon, and 16-
                                                    26.
Unit 22A......................  Black Bear.......  Residents of Unit 22A
                                                    and Koyuk.
22B...........................  Black Bear.......  Residents of Unit
                                                    22B.
22C, D, and E.................  Black Bear.......  No Federal
                                                    subsistence
                                                    priority.
22............................  Brown Bear.......  Residents of Unit 22.
22A...........................  Caribou..........  Residents of Unit 21D
                                                    west of the Koyukuk
                                                    and Yukon Rivers, 22
                                                    (except residents of
                                                    St. Lawrence
                                                    Island), 23, 24,
                                                    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 21D
                                                    west of the Koyukuk
                                                    and Yukon Rivers, 22
                                                    (except residents of
                                                    St. Lawrence
                                                    Island), 23 and 24.
22............................  Moose............  Residents of Unit 22.
22B, west of the Darby          Muskox...........  Residents of Unit 22B
 Mountains.                                         and 22C.
22B, remainder................  Muskox...........  Residents of Unit
                                                    22B.
22C...........................  Muskox...........  Residents of Unit
                                                    22C.
Unit 22D, that portion within   Muskox...........  Residents of Unit
 the Kougarok, Kuzitrin, and                        22C, White Mountain,
 Pilgrim River drainages.                           and unit 22D
                                                    excluding St.
                                                    Lawrence Island.
22D, remainder................  Muskox...........  Residents of Unit 22D
                                                    excluding St.
                                                    Lawrence Island.
22E...........................  Muskox...........  Residents of Unit 22E
                                                    excluding Little
                                                    Diomede Island.
22............................  Wolf.............  Residents of Units
                                                    23, 22, 21D north
                                                    and west of the
                                                    Yukon River, and
                                                    Kotlik.
22............................  Grouse (Spruce)..  Residents of Units
                                                    11, 13 and the
                                                    residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 22, and 23.

[[Page 602]]

 
22............................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13 and the
                                                    residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 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 21D
                                                    west of the Koyukuk
                                                    and Yukon Rivers,
                                                    Galena, 22, 23, 24
                                                    including residents
                                                    of Wiseman but not
                                                    including other
                                                    residents of the
                                                    Dalton Highway
                                                    Corridor Management
                                                    Area, and 26A.
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,
                                                    20D, 22, and 23.
23............................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13 and the
                                 tailed).           residents of
                                                    Chickaloon, 15, 16,
                                                    20D, 22, and 23.
Unit 24, that portion south of  Black Bear.......  Residents of Stevens
 Caribou Mountain, and within                       Village, Unit 24 and
 the public lands composing or                      Wiseman, but not
 immediately adjacent to the                        including any other
 Dalton Highway Corridor                            residents of the
 Management Area.                                   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
 immediately adjacent to the                        24.
 Dalton Highway Corridor
 Management Area.
24, remainder.................  Brown Bear.......  Residents of Unit 24.
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,
                                                    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 25D......................  Black Bear.......  Residents of Unit
                                                    25D.
25D...........................  Brown Bear.......  Residents of Unit
                                                    25D.
25, remainder.................  Brown Bear.......  Residents of Unit 25
                                                    and Eagle.
25D...........................  Caribou..........  Residents of 20F,
                                                    25D, and Manley.
25A...........................  Moose............  Residents of Units
                                                    25A and 25D.
25D, west.....................  Moose............  Residents of Unit 25D
                                                    West.
25D, remainder................  Moose............  Residents of
                                                    remainder of Unit
                                                    25.
25A...........................  Sheep............  Residents of Arctic
                                                    Village,
                                                    Chalkyitsik, Fort
                                                    Yukon, Kaktovik, and
                                                    Venetie.
25B and C.....................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
25D...........................  Wolf.............  Residents of Unit
                                                    25D.
25, remainder.................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13 and the
                                                    residents of
                                                    Chickaloon, and 16-
                                                    26.
Unit 26.......................  Brown Bear.......  Residents of Unit 26
                                                    (except the Prudhoe
                                                    Bay-Deadhorse
                                                    Industrial Complex),
                                                    Anaktuvuk Pass, and
                                                    Point Hope.
26A and C.....................  Caribou..........  Residents of Unit 26,
                                                    Anaktuvuk Pass, and
                                                    Point Hope.
26B...........................  Caribou..........  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Point Hope, and
                                                    residents of Unit 24
                                                    within the Dalton
                                                    Highway Corridor
                                                    Management Area.
26............................  Moose............  Residents of Unit 26
                                                    (except the Prudhoe
                                                    Bay-Deadhorse
                                                    Industrial Complex),
                                                    Point Hope, and
                                                    Anaktuvuk Pass.
26A...........................  Muskox...........  Residents of
                                                    Anaktuvuk Pass,
                                                    Atqasuk, Barrow,
                                                    Nuiqsut, Point Hope,
                                                    Point Lay, and
                                                    Wainwright.

[[Page 603]]

 
26B...........................  Muskox...........  Residents of
                                                    Anaktuvuk Pass,
                                                    Nuiqsut, and
                                                    Kaktovik.
26C...........................  Muskox...........  Residents Kaktovik.
26A...........................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass, and
                                                    Point Hope.
26B...........................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Point Hope, and
                                                    Wiseman.
26C...........................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Arctic Village,
                                                    Chalkyitsik, 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          All fish.........  Residents of the
     Clarence Area, remainder.                      Norton Sound--Port
                                                    Clarence Area.
Yukon--Northern Area:
    Yukon River drainage......  Salmon, other      Residents of the
                                 than fall chum     Yukon River drainage
                                 salmon.            and the community of
                                                    Stebbins.
    Yukon River drainage......  Fall chum salmon.  Residents of the
                                                    Yukon River drainage
                                                    and the communities
                                                    of Stebbins, Scammon
                                                    Bay, Hooper Bay, and
                                                    Chevak.
    Yukon River drainage......  Freshwater fish    Residents of the
                                 (other than        Yukon--Northern
                                 salmon).           Area.
    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
                                                    26B.
    Tanana River drainage       Freshwater fish    Residents of the
     contained within the        (other than        Yukon--Northern Area
     Tetlin NWR and the          salmon).           and residents of
     Wrangell-St. Elias NPP.                        Mentasta Lake,
                                                    Chistochina, Slana,
                                                    and all residents
                                                    living between
                                                    Mentasta Lake and
                                                    Chistochina.
Kuskokwim Area................  Salmon...........  Residents of the
                                                    Kuskokwim Area,
                                                    except those persons
                                                    residing on the
                                                    United States
                                                    military
                                                    installations
                                                    located on Cape
                                                    Newenham, Sparrevohn
                                                    USAFB, and Tatalina
                                                    USAFB.
                                Rainbow trout....  Residents of the
                                                    communities of
                                                    Akiachak, Akiak,
                                                    Aniak, Atmautluak,
                                                    Bethel, Chuathbaluk,
                                                    Crooked Creek, Eek,
                                                    Goodnews Bay,
                                                    Kasigluk, Kwethluk,
                                                    Lower Kalskag,
                                                    Napakiak, Napaskiak,
                                                    Nunapitchuk,
                                                    Oscarville,
                                                    Platinum, Quinhagak,
                                                    Tuluksak,
                                                    Tuntutuliak, and
                                                    Upper Kalskag.
                                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,
                                                    Sparrevohn USAFB,
                                                    and Tatalina USAFB.
    Waters around Nunivak       Herring and        Residents within 20
     Island.                     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.

[[Page 604]]

 
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  Salmon and         Residents of South
     drainages flowing into      freshwater fish.   Naknek, the Egegik
     the district.                                  District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
    Ugashik District,           Salmon and         Residents of the
     including drainages         freshwater fish.   Ugashik District and
     flowing into the district.                     freshwater drainages
                                                    flowing into the
                                                    district.
    Togiak District...........  Herring spawn on   Residents of the
                                 kelp.              Togiak District and
                                                    freshwater drainages
                                                    flowing into the
                                                    district.
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
 (58[deg]51.10[min] North                           Guard Base.
 latitude) mid-stream Shelikof
 Strait, north and east of the
 longitude of the southern
 entrance of Imuya Bay near
 Kilokak Rocks
 (57[deg]10.34[min] North
 latitude, 156[deg]20.22[min]
 West longitude).
    Kodiak Area...............  Fish other than    Residents of the
                                 rainbow/           Kodiak Area.
                                 steelhead trout
                                 and salmon.
Cook Inlet Area:
    Kenai Peninsula District--  All fish.........  Residents of the
     Waters north of and                            communities of Hope,
     includng the Kenai River                       Cooper Landing, and
     drainage within the Kenai                      Ninilchik.
     National Wildlife Refuge
     an the Chugach National
     Forest.
    Waters within the Kasilof   All fish.........  Residents of the
     River drainage within the                      community of
     Kenai NWR.                                     Ninilchik.
    Waters within Lake Clark    Salmon...........  Residents of the
     National Park draining                         Tuxedni Bay area.
     into and including that
     portion of Tuxedni Bay
     within the park.
    Cook Inlet Area--Remainder  Fish other than    Residents of the Cook
                                 salmon, Dolly      Inlet Area.
                                 Varden, trout,
                                 char, grayling,
                                 and burbot.
Prince William Sound Area:
    Southwestern 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 605]]

 
    Gulkana National Wild and   Freshwater fish..  Residents of
     Scenic River.                                  Cantwell, Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, 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.
    Waters of the Prince        Freshwater fish    Residents of the
     William Sound Area,         (trout, char,      Prince William Sound
     except for the Copper       whitefish,         Area, except those
     River drainage upstream     suckers,           living in the Copper
     of Haley Creek.             grayling, and      River drainage
                                 burbot).           upstream of Haley
                                                    Creek.
    Chitina Subdistrict of the  Salmon...........  Residents of
     Upper Copper River                             Cantwell,
     District.                                      Chickaloon, Chisana,
                                                    Christochina,
                                                    Chitina, Copper
                                                    Center, Dot Lake,
                                                    Gakona, Gakona
                                                    Junction,
                                                    Glennallen, Gulkana,
                                                    Healy Lake, Kenny
                                                    Lake, Lower Tonsina,
                                                    McCarthy, Mentasta
                                                    Lake, Nabesna,
                                                    Northway, Paxson-
                                                    Sourdough, 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,
                                                    Chickaloon, Chisana,
                                                    Dot Lake, Healy
                                                    Lake, Northway,
                                                    Tanacross, Tetlin,
                                                    Tok, and those
                                                    individuals living
                                                    along the Alaska
                                                    Highway from the
                                                    Alaskan/Canadian
                                                    border to Dot Lake,
                                                    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.
    Waters of the Bering River  Eulachon.........  Residents of Cordova.
     area from Point Martin to
     Cape Suckling.
    Waters of the Copper River  Eulachon.........  Residents of Cordova,
     Delta from the Eyak River                      Chenega Bay, and
     to Point Martin.                               Tatitlek.
Yakutat Area:
    Fresh water 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.
    Fresh water 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,      Southeastern Alaska
                                 and eulachon.      and Yakutat Areas.
Southeastern Alaska Area:
    District 1--Section 1E 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 1F 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.
    Districts 2, 3, and 5 and   Salmon, Dolly      Residents living
     waters draining into        Varden, trout,     south of Sumner
     those Districts.            smelt, and         Strait and west of
                                 eulachon.          Clarence Strait and
                                                    Kashevaroff Passage.

[[Page 606]]

 
    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.
    District 6 and waters       Salmon, Dolly      Residents of the
     draining into that          Varden, trout,     living south of
     District.                   smelt, and         Sumner Strait and
                                 eulachon.          west of Clarence
                                                    Strait and
                                                    Kashevaroff Passage;
                                                    residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 7 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into District 6
                                 eulachon.          north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island); residents
                                                    of drainages flowing
                                                    into Districts 7 &
                                                    8, including the
                                                    communities of
                                                    Petersburg &
                                                    Wrangell; and
                                                    residents of the
                                                    communities of
                                                    Meyers Chuck and
                                                    Kake.
    District 8 and waters       Salmon, Dolly      Residents of
     draining into that          Varden, trout,     drainages flowing
     District.                   smelt, and         into Districts 7 &
                                 eulachon.          8, residents of
                                                    drainages flowing
                                                    into District 6
                                                    north of the
                                                    latitude of Point
                                                    Alexander (Mitkof
                                                    Island), and
                                                    residents of Meyers
                                                    Chuck.
    District 9--Section 9A....  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 Portage
                                                    Bay boat harbor.
    District 9--Section 9B      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[deg]30[min] West
                                                    longitude, including
                                                    Killisnoo Island.
    District 12--Section 12A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of a line from Fishery                         into Districts 12
     Point to South Passage                         and 14.
     Point Section 12B.
    District 13--Section 13A,   Salmon, Dolly      Residents of the City
     south of the latitude of    Varden, trout,     and Borough of Sitka
     Cape Edward.                smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13A,   All fish.........  Residents of
     excluding the area south                       drainages flowing
     of the latitude of Cape                        into Sections 13A,
     Edward.                                        13B, and District
                                                    14.
    District 13--Section 13B    Salmon, Dolly      Residents of the City
     north of the latitude of    Varden, trout,     and Borough of Sitka
     Redfish Cape.               smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C..  Salmon, Dolly      Residents of the City
                                 Varden, trout,     and Borough of Sitka
                                 smelt, and         in drainages that
                                 eulachon.          empty into Section
                                                    13B north of the
                                                    latitude of Dorothy
                                                    Narrows.
    District 13--Section 13C    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[deg]30[min] West
                                                    longitude, including
                                                    Killisnoo Island.
    District 14...............  All fish.........  Residents of
                                                    drainages flowing
                                                    into Sections 12A,
                                                    13A, and District
                                                    14.
    Remainder of the            Dolly Varden,      Residents of
     Southeastern Alaska Area.   trout, smelt,      Southeastern Alaska
                                 and eulachon.      and Yakutat Areas.
------------------------------------------------------------------------


[[Page 607]]

    (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 Dungeness,  Residents of the
 Islands Area.                   and Tanner crab.   Alaska Peninsula-
                                                    Aleutian Islands
                                                    Area.
Kodiak Area...................  Shrimp,            Residents of the
                                 Dungeness, and     Kodiak Area.
                                 Tanner crab.
    Kodiak Area, except for     King crab........  Residents of the
     the Semidi Island, the                         Kodiak Island
     North Mainland, and the                        Borough, except
     South Mainland Sections.                       those 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,
     the boundaries of Lake                         and Tyonek.
     Clark National Park.
Prince William Sound Area.....  Shrimp, clams,     Residents of the
                                 Dungeness, king,   Prince William Sound
                                 and Tanner crab.   Area.
Southeastern Alaska--Yakutat
 Area:
    Section 1E south of the     Shellfish, except  Residents of the
     latitude of Grant Island    shrimp, king       Southeast Area.
     light.                      crab, and Tanner
                                 crab..
    Section 1F 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 3A and 3B.........  Shellfish, except  Residents of the
                                 shrimp, king       Southeast Area.
                                 crab, and Tanner
                                 crab.
    District 13...............  Dungeness crab,    Residents of the
                                 shrimp, abalone,   Southeast Area.
                                 sea cucumbers,
                                 gum boots,
                                 cockles, and
                                 clams, except
                                 geoducks.
------------------------------------------------------------------------

    (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, Dungeness,    Residents of the
 ISLANDS AREA.                 king, and Tanner      Alaska Penninsula-
                               crab.                 Aleutian Island
                                                     Area.
KODIAK AREA.................  Shrimp, Dungeness,    Residents of Kodiak
                               and Tanner crab.      Area.
Kodiak Area, except for the   King crab...........  Residents of the
 Semidi Island, the North                            Kodiak Island
 Mainland, and the South                             Borough, except
 Mainland Sections.                                  those residents on
                                                     the Kodiak Coast
                                                     Guard base.
COOK INLET AREA:
    Federal waters in the     Shellfish...........  Residents of Tuxedni
     Tuxedni Bay Area within                         Bay, Chisik Island,
     the boundaries of Lake                          and Tyonek.
     Clark National Park.
PRINCE WILLIAM SOUND AREA...  Shrimp, clams,        Residents of the
                               Dungeness, king,      Prince William
                               and Tanner crab.      Sound Area.
SOUTHEASTERN ALASKA--YAKUTAT
 AREA:
    Section 1E south of the   Shellfish, except     Residents of the
     latitude of Grant         shrimp, king crab,    Southeast Area.
     Island light.             and Tanner crab.
    Section 1F north of the   Shellfish, except     Residents of the
     latitude of the           shrimp, king crab,    Southeast Area.
     northernmost tip of       and Tanner crab.
     Mary Island, except
     waters of Boca de
     Quadra.
    Section 3A and 3B.......  Shellfish, except     Residents of the
                               shrimp, king crab,    Southeast Area.
                               and Tanner crab.
    District 13.............  Dungeness crab,       ....................
                               shrimp, abalone,
                               sea cucumbers, gum
                               boots, cockles, and
                               clams, except
                               geoducks.
------------------------------------------------------------------------


[[Page 608]]


[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; 69 FR 5023, Feb. 3, 2004; 70 FR 13381, Mar. 21, 2005; 70 FR 36272, 
June 22, 2005; 71 FR 15573, Mar. 29, 2006; 71 FR 37647, June 30, 2006]



            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's 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.
    Big game means black bear, brown bear, bison, caribou, Sitka black-
tailed deer, elk, mountain goat, moose, musk-ox, Dall sheep, wolf, and 
wolverine.
    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 of an 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.
    Calf means a moose, caribou, elk, musk-ox, or bison less than 12 
months old.
    Cast net means a circular net with a mesh size of no more than 12 
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), scarlet king crab Lithodes couesi, all species of 
tanner or snow crab (Chionoecetes spp.), and Dungeness crab (Cancer 
magister).
    Cub bear means a brown or grizzly bear in its first or second year 
of life,

[[Page 609]]

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.
    Fresh water of streams and rivers means the line at which fresh 
water is separated from salt water 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 line and lead line, and which is fished from the surface of the 
water.

[[Page 610]]

    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 made by a rural Alaskan resident 
from the nonedible byproducts of fish or wildlife and is composed wholly 
or in some significant respect of natural materials. The shape and 
appearance of the natural material must be substantially changed by the 
skillful use of hands, such as sewing, weaving, drilling, lacing, 
beading, carving, etching, scrimshawing, painting, or other means, and 
incorporated into a work of art, regalia, clothing, or other creative 
expression, and can be either traditional or contemporary in design. The 
handicraft must have 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 drivable 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

[[Page 611]]

first and last days of the prescribed season period.
    Otter means river or land otter only, excluding sea otter.
    Permit hunt means a hunt for which State or Federal permits are 
issued by registration or other means.
    Poison means any substance 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 the 
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.
    Regulatory year means July 1 through June 30, except for fish and 
shellfish, for which it means April 1 through March 31.
    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

[[Page 612]]

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. However, for bear, the skin, hide, pelt, 
or fur means the external covering with claws attached.
    Snagging means hooking or attempting to hook a fish elsewhere than 
in the mouth.
    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 subsistence harvest 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.
    Trophy means a mount of a big game animal, including the skin of the 
head (cape) or the entire skin, in a lifelike representation of the 
animal, including a lifelike representation made from any part of a big 
game animal; ``trophy'' also includes a ``European mount'' in which the 
horns or antlers and the skull or a portion of the skull are mounted for 
display.
    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,

[[Page 613]]

moose, mountain goat, Dall sheep, and musk oxen.
    Unit and Subunit mean one of the geographical areas in the State of 
Alaska known as Game Management Units, or GMUs, as defined in the 
codified Alaska Department of Fish and Game regulations found in Title 5 
of the Alaska Administrative Code and collectively listed in this part 
as Units or Subunits.
    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 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) count 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, 9D, 10-16, 
and 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

[[Page 614]]

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 Sec. 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) [Reserved]
    (h) Permits. 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 hereunder.
    (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, or 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 Units 5, 9B, 17, 18, portions of 19A and 19B, 
21D, 22, 23, 24, and 26A 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.
    (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) If you are a Federally-qualified subsistence user, you may sell 
handicraft articles made from the skin, hide,

[[Page 615]]

pelt, or fur, including claws, of a black bear.
    (i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles 
made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or 
skulls of a black bear taken from Units 1, 2, 3, or 5.
    (ii) [Reserved]
    (7) If you are a Federally-qualified subsistence user, you may sell 
handicraft articles made from the skin, hide, pelt, or fur, including 
claws, of a brown bear taken from Units 1-5, 9A-C, 9E, 12, 17, 20, or 
25.
    (i) In Units 1, 2, 3, 4, and 5, you may sell handicraft articles 
made from the skin, hide, pelt, fur, claws, bones, teeth, sinew, or 
skulls of a brown bear taken from Units 1, 4, or 5.
    (ii) [Reserved]
    (8) If you are a Federally-qualified subsistence user, you may sell 
the raw fur or tanned pelt with or without claws attached from legally 
harvested furbearers.
    (9) If you are a Federally-qualified subsistence user, you may sell 
handicraft articles made from the nonedible byproducts (including, but 
not limited to, skin, shell, fins, and bones) of subsistence-harvested 
fish or shellfish.
    (10) If you are a Federally qualified subsistence user, you may sell 
handicraft articles made from nonedible byproducts of wildlife harvested 
for subsistence uses (excluding bear), to include; skin, hide, pelt, 
fur, claws, bones (except skulls of moose, caribou, elk, deer, sheep, 
goat and muskox), teeth, sinew, antlers and/or horns (if not attached to 
any part of the skull or made to represent a big game trophy) and 
hooves.
    (11) The sale of handicrafts made from the nonedible byproducts of 
wildlife, when authorized in this part, may not constitute a significant 
commercial enterprise.
    (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 to 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.

[71 FR 37654, June 30, 2006]



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, except as modified 
by regulations in Sec. ----.27(i). 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;

[[Page 616]]

    (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 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 
saltwater, 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 nonindigenous fish as bait.
    (6) You must have your first initial, last name, and address plainly 
and legibly inscribed on the side of your fish wheel facing midstream of 
the river.
    (7) You may use kegs or buoys of any color but red on any permitted 
gear, except in the following areas where kegs or buoys of any color, 
including red, may be used:
    (i) Yukon-Northern Area; and
    (ii) Kuskokwim Area.
    (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.
    (i) Bristol Bay Fishery Management Area--The total cash value per 
household of salmon taken within Federal jurisdiction in the Bristol Bay 
Fishery Management Area and exchanged in customary trade to rural 
residents may not exceed $500.00 annually.

[[Page 617]]

    (ii) Upper Copper River District--The total number of salmon per 
household taken within the Upper Copper River District and exchanged in 
customary trade to rural residents may not exceed 50% of the annual 
harvest of salmon by the household. No more than 50% of the annual 
household limit may be sold under paragraphs ----.27(c)(11) and (12) 
when taken together. These customary trade sales must be immediately 
recorded on a customary trade recordkeeping form. The recording 
requirement and the responsibility to ensure the household limit is not 
exceeded rests with the seller.
    (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.
    (i) Bristol Bay Fishery Management Area--The total cash value per 
household of salmon taken within Federal jurisdiction in the Bristol Bay 
Fishery Management Area and exchanged in customary trade between rural 
residents and individuals other than rural residents may not exceed 
$400.00 annually. These customary trade sales must be immediately 
recorded on a customary trade recordkeeping form. The recording 
requirement and the responsibility to ensure the household limit is not 
exceeded rest with the seller.
    (ii) Upper Copper River District--The total cash value of salmon per 
household taken within the Upper Copper River District and exchanged in 
customary trade between rural residents and individuals other than rural 
residents may not exceed $500.00 annually. No more than 50% of the 
annual household limit may be sold under paragraphs ----.27(c)(11) and 
(12) when taken together. These customary trade sales must be 
immediately recorded on a customary trade recordkeeping form. The 
recording requirement and the responsibility to ensure the household 
limit is not exceeded rest with the seller.
    (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 any individual, business, or organization required to be 
licensed as a fisheries business under Alaska Statute AS 43.75.011 
(commercial limited-entry permit or crew license holders excluded) 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 (commercial limited-entry permit or 
crew license holders excluded) 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) [Reserved]
    (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/

[[Page 618]]

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 waters within Federal jurisdiction 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) [Reserved]
    (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 must record, prior to leaving 
the harvest site, daily records of the catch,

[[Page 619]]

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-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 stretched-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 stretched-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 may 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 stretched-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.
    (iii) You may take salmon only by gillnets, beach seines, fish 
wheel, 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 gillnet.

[[Page 620]]

    (vi) 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[deg] West 
longitude, 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 otherwise restricted 
in Sec. ----.27(i)(3).
    (ii) For the Yukon River drainage, 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 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 4B and 4C 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 5D, 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 4A, 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 4A 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 Chinook 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 through 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

[[Page 621]]

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 stretched-mesh larger than 6-inches 
after a date specified 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 4A upstream from the mouth of Stink Creek, you 
may take Chinook 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 4A downstream from the mouth of Stink Creek, you 
may take Chinook salmon by drift gillnets less than 150 feet in length 
from June 10 through July 14;
    (C) In the Yukon River mainstem, Subdistricts 4B and 4C with a 
Federal subsistence fishing permit, you may take Chinook salmon during 
the last 18-hour period of the weekly regulatory opening(s) by drift 
gillnets no more than 150 feet long and no more than 35 meshes deep, 
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 use, 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 from June 15 through September 15.
    (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.

[[Page 622]]

    (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 Chinook salmon 
taken for subsistence purposes unless the dorsal fin has been removed 
immediately after landing.
    (xxi) In the Yukon River drainage, Chinook salmon must be used 
primarily for human consumption and may not be targeted for dog food. 
Dried Chinook salmon may not be used for dog food 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 5D, 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 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, Kuskokuak Slough, from June 1 through July 31 
only, you may not take salmon for 16 hours before and during each State 
open commercial salmon fishing period in the district.
    (iv) In Districts 4 and 5, from June 1 through September 8, you may 
not take salmon for 16 hours before or during, and for 6 hours after 
each State open commercial salmon fishing period in each district.
    (v) In District 2, and anywhere in tributaries that flow into the 
Kuskokwim River within that district, from June 1 through September 8 
you may not take salmon by net gear or fish wheel for 16 hours before or 
during, and for 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 paragraph (i)(4) of this section.
    (vi) You may not take subsistence fish by nets in the Goodnews River 
east of a line between ADF&G regulatory markers placed near the mouth of 
the Ufigag River and an ADF&G regulatory marker placed near the mouth of 
the Tunulik River 16 hours before or during, and for 6 hours after each 
State open commercial salmon fishing period.
    (vii) You may not take subsistence fish by nets in the Kanektok 
River upstream of ADF&G regulatory markers placed near the mouth 16 
hours before or during, and for 6 hours after each State open commercial 
salmon fishing period.
    (viii) You may not take subsistence fish by nets in the Arolik River 
upstream of ADF&G regulatory markers placed near the mouth 16 hours 
before or during, and for 6 hours after each State open commercial 
salmon fishing period.
    (ix) You may only take salmon 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 Kanektok, and 
Arolik River drainages, and in the drainage of Goodnews Bay.
    (x) You may not use an aggregate length of set gillnets or drift 
gillnets in excess of 50 fathoms for taking salmon.
    (xi) You may take fish other than salmon by set gillnet, drift 
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net, 
jigging gear, spear, lead, handline, or rod and reel.
    (xii) You must attach to the bank each subsistence gillnet operated 
in tributaries of the Kuskokwim River and fish it substantially 
perpendicular to the bank and in a substantially straight line.

[[Page 623]]

    (xiii) Within a tributary to the Kuskokwim River in that portion of 
the Kuskokwim River drainage from the north end of Eek Island upstream 
to the mouth of the Kolmakoff River, you may not set or operate any part 
of a set gillnet within 150 feet of any part of another set gillnet.
    (xiv) The maximum depth of gillnets is as follows:
    (A) Gillnets with 6-inch or smaller stretched-mesh may not be more 
than 45 meshes in depth;
    (B) Gillnets with greater than 6-inch stretched-mesh may not be more 
than 35 meshes in depth.
    (xv) You may take halibut only by a single handheld line with no 
more than two hooks attached to it.
    (xvi) You may not use subsistence set and drift gillnets exceeding 
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You 
may not operate more than one subsistence set or drift gillnet at a time 
in Whitefish Lake in the Ophir Creek drainage. You must check the net at 
least once every 24 hours.
    (xvii) You may take rainbow trout only in accordance with the 
following restrictions:
    (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 through 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 during the following times: from 9 a.m. 
Tuesday to 9 a.m. Wednesday and from 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 
by set gillnets only.
    (vii) Outside the boundaries of any district, unless otherwise 
specified, you may take salmon by set gillnet only.
    (A) You may also take salmon by spear in the Togiak River, excluding 
its tributaries.
    (B) You may also use drift gillnets not greater than 10 fathoms in 
length to take salmon in the Togiak River in the first two river miles 
upstream from the mouth of the Togiak River to the ADF&G regulatory 
markers.
    (C) You may also take salmon without a permit in Lake Clark and its 
tributaries by snagging (by handline or rod and reel), using a spear, 
bow and arrow, or capturing by bare hand.
    (D) You may also take salmon by beach seines not exceeding 25 
fathoms in length in Lake Clark, 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

[[Page 624]]

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, 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 only under authority of a subsistence 
fishing permit.
    (xv) Only one subsistence fishing permit for salmon may be issued to 
each household per year.
    (xvi) In the Togiak River section and the Togiak River drainage:
    (A) 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.
    (B) You may not possess salmon taken with a drift gillnet 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. Rainbow trout daily harvest and possession limits are 2 per day/2 
in possession with no size limit from April 10 through October 31 and 5 
per day/5 in possession with no size limit from November 1 through 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[deg] East longitude, and south of 54[deg]36[min] North latitude.
    (i) You may take fish other than salmon, rainbow/steelhead trout, or 
char 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 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 of Summers and Morris Lakes and their tributaries and 
outlet streams;
    (C) 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;
    (D) Waters of McLees Lake and its tributaries and outlet stream;
    (E) All fresh water 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-

[[Page 625]]

caught fish. You must complete the record immediately upon taking 
subsistence-caught fish and must return it no later than October 31.
    (xi) The daily 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 
waters of Alaska on the north side of the Alaska peninsula southwest of 
a line from Cape Menshikof (57[deg] 28.34[min] North latitude, 157[deg] 
55.84[min] West longitude) to Cape Newenham (58[deg] 39.00[min] North 
latitude, 162[deg] West longitude) and east of the longitude of Cape 
Sarichef Light (164[deg] 55.70[min] West longitude) and on the south 
side of the Alaska Peninsula from a line extending from Scotch Cape 
through the easternmost tip of Ugamak Island to a line extending 
135[deg] southeast from Kupreanof Point (55[deg] 33.98[min] North 
latitude, 159[deg] 35.88[min] West longitude).
    (i) You may take fish, other than salmon, rainbow/steelhead trout, 
or char, 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 in those districts and 
sections open to commercial salmon fishing where salmon may not be taken 
during the 24 hours before and 12 hours following each State open weekly 
commercial salmon fishing period, 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 bounded by a line extending 
135[deg] southeast for 3 miles from a point near Kilokak Rocks at 
57[deg] 10.34[min] North latitude, 156[deg] 20.22[min] West longitude 
(the longitude of the southern entrance to Imuya Bay) then due south, 
and a line extending 135[deg] southeast from Kupreanof Point at 55[deg] 
33.98[min] North latitude, 159[deg] 35.88[min] West longitude.
    (i) You may take fish other than salmon, rainbow/steelhead trout, or 
char at any time, except as may be specified by a subsistence fishing 
permit. For salmon, Federal subsistence fishing 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. 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, from a point 300 
feet upstream of the ADF&G weir to Chignik Lake from July 1 through 
August 31. You may not take salmon in Black Lake or any tributary to 
Black or Chignik Lakes.

[[Page 626]]

    (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 only 
subsistence fish for salmon as specified on a State subsistence salmon 
fishing permit.
    (vi) You may take salmon by seines, gillnets, rod and reel, or with 
gear specified on a subsistence fishing permit, except that in Chignik 
Lake, you may not use purse seines.
    (vii) You may take fish other than salmon by gear listed in this 
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take halibut for subsistence purposes only by a 
single handheld line with no more than two hooks attached.
    (ix) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit.
    (x) The daily 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[deg]51.10[min] North 
latitude), west of 150[deg] West longitude, north of 55[deg]30.00[min] 
North latitude, and north and east of a line extending 135[deg] 
southeast for three miles from a point near Kilokak Rocks at 
57[deg]10.34[min] North latitude, 156[deg]20.22[min] West longitude (the 
longitude of the southern entrance of Imuya Bay), then due south.
    (i) You may take fish other than salmon, rainbow/steelhead trout, 
char, bottomfish, or herring 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 or 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 (57[deg]43.23[min] North latitude, 
152[deg]31.51[min] West longitude), to the northeastern tip of Mary's 
Island (57[deg]42.40[min] North latitude, 152[deg]32.00[min] West 
longitude), to the southeastern shore of Womens Bay at 57[deg]41.95[min] 
North latitude, 152[deg]31.50[min] West longitude;
    (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 57[deg]45.80[min] North latitude, 152[deg]28.38[min] West 
longitude, to a point offshore at 57[deg]45.35[min] North latitude, 
152[deg]28.15[min] West longitude, to a marker located onshore south of 
the river mouth at approximately 57[deg]45.15[min] North latitude, 
152[deg]28.65[min] West longitude;
    (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 fresh water 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

[[Page 627]]

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 handheld line with not 
more than two hooks attached to it.
    (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.
    (10) Cook Inlet Area. The Cook Inlet Area includes all waters of 
Alaska enclosed by a line extending east from Cape Douglas 
(58[deg]51.1[min] North latitude) and a line extending south from Cape 
Fairfield (148[deg]50.25[min] West longitude).
    (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, trout, Dolly Varden, and other 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 in fresh water from April 
1 through June 15. There are no harvest or possession limits for smelt.
    (vi) Gillnets may not be used in fresh water, except for the taking 
of whitefish in the Tyone River drainage.
    (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. You make 
not take rainbow/steelhead trout, except as otherwise provided for in 
this Sec. ----.27(i)(11).
    (A) In the Prince William Sound Area within Chugach National Forest 
and in the Copper River drainage downstream of Haley Creek you may 
accumulate Federal subsistence fishing harvest limits with harvest 
limits under State of Alaska sport fishing regulations provided that 
accumulation of fishing harvest limits does not occur during the same 
day.
    (B) You may accumulate harvest limits of salmon authorized for the 
Copper River drainage upstream from Haley Creek with harvest limits for 
salmon authorized under State of Alaska sport fishing regulations.
    (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, 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.

[[Page 628]]

    (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 fish wheel, 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 from May 
15 through September 30 only.
    (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 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 ----.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 fish wheel owner:
    (A) You must register your fish wheel with ADF&G or the Federal 
Subsistence Board;
    (B) Your registration number and a wood, metal, or plastic plate at 
least 12 inches high by 12 inches wide bearing either your name and 
address, or your Alaska driver's license number, or your Alaska State 
identification card number in letters and numerals at least 1 inch high, 
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;

[[Page 629]]

    (D) You must check your fish wheel at least once every 10 hours and 
remove all fish;
    (E) You are responsible for the fish wheel; you must remove the fish 
wheel from the water at the end of the permit period;
    (F) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain.
    (xiii) If you are operating a fish wheel:
    (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, you must attach an 
additional wood, metal, or plastic plate at least 12 inches high by 12 
inches wide, bearing your name and address in letters and numerals at 
least 1 inch high, 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. The following additional provisions apply to 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. The permit will identify a person 
who will be responsible for each fish wheel in a similar manner to a 
fish wheel owner as described in paragraph (i)(11)(xii) of this section;
    (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;
    (D) The permit will include provisions for recording daily catches 
for each fish wheel; location and number of fish wheels; full legal name 
of the individual responsible for the lawful operation of each fish 
wheel as described in paragraph (i)(11)(xii) of this section; and other 
information determined to be necessary for effective resource 
management.
    (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, fyke nets, and rod and reel in 
Tanada Creek. One fyke net and associated lead may be used in Tanada 
Creek upstream of the National Park Service weir;
    (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 fish wheel in the 
Copper River. You must return to the water unharmed any Chinook salmon 
caught in Tanada Creek;
    (E) You must return the permit to the National Park Service no later 
than October 15;
    (F) You may only use a fyke net after consultation with the in-
season manager. You must be present when the fyke net is actively 
fishing. You may take no more than 1,000 sockeye salmon in Tanada Creek 
with a fyke net;
    (xvi) You may take pink salmon for subsistence purposes from fresh 
water with a dip net from May 15 through September 30, 7 days per week, 
with no harvest or possession limits in the following areas:

[[Page 630]]

    (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 and 
ending 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 a.m. to 6 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 take 
steelhead trout only 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. In 
areas where use of rod and reel is allowed, you may use artificial fly, 
lure, or bait when fishing with rod and reel, unless restricted by 
Federal permit. If you use bait, you must retain all Federally-regulated 
fish species caught, and they apply to your applicable daily and annual 
harvest limits for that species. For streams with steelhead, once your 
daily or annual limit of steelhead is harvested, you may no longer fish 
with bait for any species.
    (vii) In the Situk River, each subsistence salmon fishing permit 
holder shall attend his or her gillnet at all times when it is being 
used to take salmon.
    (viii) You may block up to two-thirds of a stream with a gillnet or 
seine used for subsistence fishing.
    (ix) You must immediately remove both lobes of the caudal (tail) fin 
from subsistence-caught salmon when taken.
    (x) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (xi) You must possess a subsistence fishing permit to take Dolly 
Varden. The daily harvest and possession limit is 10 Dolly Varden of any 
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 salmon, trout, 
grayling, and char in the Southeastern Alaska Area at any time.
    (ii) You must possess a subsistence fishing permit to take salmon, 
trout, grayling, or char. You must possess a subsistence fishing permit 
to take eulachon from any freshwater stream flowing into fishing 
Sections 1C or 1D.
    (iii) In the Southeastern Alaska Area, a rainbow trout is defined as 
a fish of the species Oncorhyncus mykiss less than 22 inches in overall 
length. A steelhead is defined as a rainbow trout with an overall length 
of 22 inches or larger.
    (iv)(A) In areas where use of rod and reel is allowed, you may use 
artificial fly, lure, or bait when fishing with rod and reel, unless 
restricted by Federal permit. If you use bait, you must retain all 
Federally-regulated fish species caught, and they apply to your 
applicable daily, seasonal, and annual harvest limits for that species. 
For streams with steelhead, once your daily, seasonal, or annual limit 
of

[[Page 631]]

steelhead is harvested, you may no longer fish with bait for any 
species.
    (B) Unless otherwise specified in this Sec. ----.27(i)(13), 
allowable gear for salmon or steelhead is restricted to gaffs, spears, 
gillnets, seines, dip nets, cast nets, handlines, or rod and reel.
    (v) Unless otherwise specified in this Sec. ----.27(i)(13), you may 
use a handline for snagging salmon or steelhead.
    (vi) You may fish with a rod and reel within 300 feet of a fish 
ladder unless the site is otherwise posted by the USDA Forest Service. 
You may not fish from, on, or in a fish ladder.
    (vii) You may accumulate annual Federal subsistence harvest limits 
authorized for the Southeastern Alaska Area with harvest limits 
authorized under State of Alaska sport fishing regulations.
    (viii) 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 subsistence fishing permit.
    (ix) 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.
    (x) You must immediately remove both lobes of the caudal (tail) fin 
of subsistence-caught salmon when taken.
    (xi) You may not possess subsistence-taken and sport-taken salmon on 
the same day.
    (xii) If a harvest limit is not otherwise listed for sockeye in this 
Sec. ----.27(i)(13), the harvest limit for sockeye salmon is the same 
as provided for in adjacent State subsistence or personal use fisheries. 
If a harvest limit is not established for the State subsistence or 
personal use fisheries, the possession limit is 10 sockeye and the 
annual harvest limit is 20 sockeye per household for that stream.
    (xiii) [Reserved]
    (xiv) [Reserved]
    (xv) [Reserved]
    (xvi) The Sarkar River system above the bridge is closed to the use 
of all nets by both Federally-qualified and non-Federally qualified 
users.
    (xvii) Only Federally-qualified subsistence users may harvest 
sockeye salmon in streams draining into Falls Lake Bay, Gut Bay, or Bay 
of Pillars.
    (xviii) 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.
    (xix) You may take Chinook, sockeye, and coho salmon in the mainstem 
of the Stikine River only under the authority of a Federal subsistence 
fishing permit. Each Stikine River permit will be issued to a household 
and will be valid for 15 days. Permits may be revalidated for additional 
15-day periods. Only dip nets, spears, gaffs, rod and reel, beach seine, 
or gillnets not exceeding 15 fathoms in length may be used. The maximum 
gillnet mesh size is 5\1/2\-inches, except during the Chinook season 
when the maximum gillnet mesh size is 8 inches.
    (A) You may take Chinook salmon from May 15 through June 20. The 
annual limit is 5 Chinook salmon per household.
    (B) You may take sockeye salmon from June 21 through July 31. The 
annual limit is 40 sockeye salmon per household.
    (C) You may take coho salmon from August 15 through October 1. The 
annual limit is 20 coho salmon per household.
    (D) You may retain other salmon taken incidentally by gear operated 
under terms of this permit. The incidentally taken salmon must be 
reported on your permit calendar.
    (E) The total annual guideline harvest level for the Stikine River 
fishery is 125 Chinook, 600 sockeye, and 400 coho salmon. All salmon 
harvested, including incidentally taken salmon, will count against the 
guideline for that species.
    (xx) You may take coho salmon under the terms of a subsistence 
fishing permit, except in the Stikine and Taku Rivers. There is no 
closed season. The daily harvest limit is 20 coho salmon per household. 
Only dip nets, spears, gaffs, handlines, and rod and reel may be used.
    (xxi) Unless noted on a Federal subsistence harvest permit, there 
are no

[[Page 632]]

harvest limits for pink or chum salmon.
    (xxii) Unless otherwise specified in this Sec. ----.27(i)(13), you 
may take steelhead under the terms of a subsistence fishing permit. The 
open season is January 1 through May 31. The daily household harvest and 
possession limit is one with an annual household limit of two. You may 
only use a dip net, gaff, handline, spear, or rod and reel. The permit 
conditions and systems to receive special protection will be determined 
by the local Federal fisheries manager in consultation with ADF&G.
    (xxiii) You may take steelhead trout on Prince of Wales and 
Kosciusko Islands 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, handline, spear, or rod and reel. The winter season may be 
closed when the harvest level cap of 100 steelhead for Prince of Wales/
Kosciusko Islands 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/Kosciusko 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, handline, 
spear, or rod and reel. 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/Kosciusko 
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.
    (xxiv) In addition to the requirement for a Federal subsistence 
fishing permit, the following restrictions for the harvest of Dolly 
Varden, brook trout, grayling, cutthroat, and rainbow trout apply:
    (A) The daily household harvest and possession limit is 20 Dolly 
Varden; there is no closed season or size limit;
    (B) The daily household harvest and possession limit is 20 brook 
trout; there is no closed season or size limit;
    (C) The daily household harvest and possession limit is 20 grayling; 
there is no closed season or size limit;
    (D) The daily household harvest limit is 6 and the household 
possession limit is 12 cutthroat or rainbow trout in combination; there 
is no closed season or size limit;
    (E) You may only use a rod and reel;
    (F) The permit conditions and systems to receive special protection 
will be determined by the local Federal fisheries manager in 
consultation with ADF&G.

[72 FR 12683, Mar. 16, 2007]

    Effective Date Note: At 72 FR 12683, Mar. 16, 2007, Sec. 100.27 was 
added, effective, Apr. 1, 2007 through Mar. 31, 2008.



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:

[[Page 633]]

    (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.
    (5) Marking requirements for subsistence shellfish gear are as 
follows:
    (i) You must 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, when 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. ----.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 must 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;

[[Page 634]]

    (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 
and ending 14 days after the closure of a respective open season in the 
area or areas for which the vessel is registered. However, if you are a 
commercial fisherman, you may retain shellfish for your own use from 
your lawfully taken commercial catch.
    (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 crabs;
    (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 must 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

[[Page 635]]

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 must have all bait and bait 
containers removed and all doors secured fully open;
    (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 through 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 per person is 12 male 
crabs with a shell width 5\1/2\ inches or greater.
    (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 must 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 must have all bait and bait 
containers removed and all doors secured fully open;
    (C) You may take crabs only from June 1 through 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 must specify the area and the date 
the vessel operator intends to fish; no more than 500 pounds (227 kg) of 
shrimp may be in possession aboard the vessel.
    (iii) In waters south of 60[deg] North latitude, the daily harvest 
and possession limit is 12 male Dungeness crabs per person.
    (iv) In the subsistence taking of king crab:

[[Page 636]]

    (A) In waters south of 60[deg] North latitude, the daily harvest and 
possession limit is six male crabs per person;
    (B) All crab pots used for subsistence fishing and left in saltwater 
unattended longer than a 2-week period must have all bait and bait 
containers removed and all doors secured fully open;
    (C) In waters south of 60[deg] North latitude, you may take crab 
only from June 1 through January 31;
    (D) In the Norton Sound Section of the Northern District, you must 
have a subsistence permit.
    (v) In waters south of 60[deg] North latitude, the daily harvest and 
possession limit is 12 male Tanner crabs.

[72 FR 12683, Mar. 16, 2007]

    Effective Date Note: At 72 FR 12683, Mar. 16, 2007, Sec. 100.28 was 
added, effective, Apr. 1, 2007 through Mar. 31, 2008.

                        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.

[[Page 637]]

 
Panama....................................  PA.
Papua New Guinea..........................  PG.
Paraguay..................................  PY.
Peru......................................  PE.
Philippines...............................  PH.
Poland....................................  PL.
Portugal..................................  PT.
Qatar.....................................  QA.
Republic of Korea.........................  KR.
Romania...................................  RO.
Rwanda....................................  RW.
Saint Lucia...............................  LC.
Samoa.....................................  WS.
San Marino................................  SM.
Sao Tome and Principe.....................  ST.
Saudi Arabia..............................  SA.
Senegal...................................  SN.
Seychelles................................  SC.
Sierra Leone..............................  SL.
Singapore.................................  SG.
Solomon Islands...........................  SB.
Somalia...................................  SO.
South Africa..............................  ZA.
Spain.....................................  ES.
Sri Lanka.................................  LK.
Sudan.....................................  SD.
Suriname..................................  SR.
Swaziland.................................  SZ.
Sweden....................................  SE.
Switzerland...............................  CH.
Syrian Arab Republic......................  SY.
Thailand..................................  TH.
Togo......................................  TG.
Tonga.....................................  TO.
Trinidad and Tobago.......................  TT.
Tunisia...................................  TN.
Turkey....................................  TR.
Tuvalu....................................  TV.
Uganda....................................  UG.
Union of Soviet Socialist Republics.......  SU.
United Arab Emirates......................  AE.
United Kingdom of Great Britain and         GB.
 Northern Ireland.
United Republic of Cameroon...............  CM.
United Republic of Tanzania...............  TZ.
United States of America..................  US.
Upper Volta...............................  HV.
Uruguay...................................  UY.
Vanuatu...................................  VU.
Venezuela.................................  VE.
Viet Nam..................................  VN.
Yemen.....................................  YE.
Yugoslavia................................  YU.
Zaire.....................................  ZR.
Zambia....................................  ZM.
Zimbabwe..................................  ZW.
------------------------------------------------------------------------


[47 FR 31388, July 20, 1982]

[[Page 639]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Material Approved for Incorporation by Reference
  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 641]]

            Material Approved for Incorporation by Reference

                     (Revised as of October 1, 2007)

  The Director of the Federal Register has approved under 5 U.S.C. 
552(a) and 1 CFR part 51 the incorporation by reference of the following 
publications. This list contains only those incorporations by reference 
effective as of the revision date of this volume. Incorporations by 
reference found within a regulation are effective upon the effective 
date of that regulation. For more information on incorporation by 
reference, see the preliminary pages of this volume.


50 CFR (PARTS 18-199)

UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR
                                                                  50 CFR


CITES Secretariat

  International Environment House, Chemin des 
  Anemones, CH-1219, Chatelaine, Geneva, 
  Switzerland or http://www.cites.org
Guidelines for transport and preparation for                       23.23
  shipment of live wild animals and plants, 
  adopted by the Parties in 1979 and revised in 
  1981.


International Air Transport Association (IATA)

  800 Place Victoria, P.O. Box 113, Montreal, 
  Quebec, Canada H4Z 1M1 or http://www.iata.org
Live Animals Regulations (LAR) 33rd edition,                       23.23
  October 1, 2006 (Reference Number: 9105-33, ISBN 
  92-9195-818-2).

[[Page 643]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2007)

                      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--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 100--
                199)
        II  Office of Management and Budget Circulars and Guidance 
                (200--299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        VI  Department of State (Parts 600--699)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
        XI  Department of Defense (Parts 1100--1199)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1880--1899)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)
     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
    XXXVII  Peace Corps (Parts 3700--3799)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

[[Page 644]]

                           Title 4--Accounts

         I  Government Accountability 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 (Parts 2100--2199)
       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 (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)
    XXVIII  Department of Justice (Parts 3800--3899)
      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 (Parts 4300--
                4399)
      XXXV  Office of Personnel Management (Parts 4500--4599)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)

[[Page 645]]

     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)
     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
      XCIX  Department of Defense Human Resources Management and 
                Labor Relations Systems (Department of Defense--
                Office of Personnel Management) (Parts 9900--9999)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 0--99)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         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)

[[Page 646]]

        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 Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     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)

[[Page 647]]

   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--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 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)
      XIII  Nuclear Waste Technical Review Board (Parts 1303--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      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)

[[Page 648]]

       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, Department of 
                Commerce (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board, 
                Department of Commerce (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)
            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)

[[Page 649]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  Technology Administration, Department of Commerce 
                (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399)

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  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)

[[Page 650]]

                     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)
      XIII  Millenium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 651]]

                          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)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 652]]

                           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 (Parts 1200--1299)

                      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--399)
        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)
      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)

[[Page 653]]

        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)
            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)

[[Page 654]]

        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)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     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)
            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)

[[Page 655]]

        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 [Reserved]

             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 (Parts 1500--
                1599)
       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)
       III  Copyright Royalty Board, Library of Congress (Parts 
                301--399)
        IV  Assistant Secretary for Technology Policy, Department 
                of Commerce (Parts 400--499)
         V  Under Secretary for Technology, Department of Commerce 
                (Parts 500--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--99)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Rate Commission (Parts 3000--3099)

[[Page 656]]

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        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)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

[[Page 657]]

                        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--10010)

             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)
        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)

[[Page 658]]

       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  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  United States Agency for International Development 
                (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)

[[Page 659]]

        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)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        35  [Reserved]
        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)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)

[[Page 660]]

       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  Research and Innovative Technology Administration, 
                Department of Transportation [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   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 661]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2007)

                                                  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                               2, IX; 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 662]]

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
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 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 663]]

  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III, 
                                                  48, 51
  Defense Acquisition Regulations System          48, II
  Defense Intelligence Agency                     32, I
  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy Department                                 32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 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                   2, XV; 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

[[Page 664]]

  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 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 Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5

[[Page 665]]

  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 Accountability Office                  4, I
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          2, III; 5, XLV; 45, 
                                                  Subtitle A, 2, III
  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
  Defense Acquisition Regulations System          48, 2
  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

[[Page 666]]

Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
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            2, XIV; 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                                2, XXVII; 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

[[Page 667]]

  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  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
  Copyright Royalty Board                         37, III
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, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Millenium Challenge Corporation                   22, XIII
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     2, XVIII; 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      2, XXVI; 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 Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
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 Intelligence, Office of Director of      32, XVII
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                       2, XXV; 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
[[Page 668]]

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
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
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
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory 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
Privacy and Civil Liberties Oversight Board       6, X
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 Innovative Technology                49, XI
     Administration
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                     2, XXVII; 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

[[Page 669]]

Special Education and Rehabilitative Services,    34, III
     Office of
State Department                                  2, VI; 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
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
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  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                       2, VIII; 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 671]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations that 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 672]]

    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 673]]

                                  2003

50 CFR
                                                                   68 FR
                                                                    Page
Chapter I
18.121--18.129 (Subpart J) Added (temporary).......................66759
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 Authority citation revised...............................58034, 61137
21.2 (b) revised...................................................61137
21.11 Revised......................................................43027
21.12 (c) and (d) added............................................61137
21.31 Added........................................................61137
21.47 Revised......................................................58034
21.48 Added........................................................58035
22.11 Amended......................................................61140
32.7 Amended.......................................................57315
32.23 Amended......................................................57316
32.34 Amended......................................................57316
32.37 Amended......................................................57316
32.42 Amended......................................................57317
32.43 Amended......................................................57317
32.46 Clause amended...............................................57317
32.56 Clause amended...............................................57318
32.66 Clause amended...............................................57318
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 Seasonal adjustments................................67595, 70712
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

                                  2004

50 CFR
                                                                   69 FR
                                                                    Page
Title 50 Nomenclature change.......................................18803
Chapter I
20 Frameworks...............................................52970, 57140
    Clarification..................................................55994
    Seasonal adjustments...........................................57752
20.21 (j) revised..................................................48165
20.101 Revised.....................................................53567
20.103 Revised.....................................................53566
20.104 Revised.....................................................53571
20.105 Revised.....................................................53572
20.106 Revised.....................................................53579
20.109 Revised.....................................................53580
20.110 Revised.....................................................53993
    (a), (b), (c), (g), (i), (m), (n), (o), (r), (s), (t) and (v) 
revised; (w) through (dd) added....................................58238
31.13 Revised......................................................54362
32.7 Amended.......................................................54362
32.20 Amended......................................................54362
    Corrected......................................................55995
32.21 Amended......................................................54362
32.22 Amended...............................................54362, 54365
32.23 Amended...............................................54362, 54365
    Corrected......................................................55995
32.24 Amended...............................................54362, 54374
32.25 Amended......................................................54362
32.26 Amended......................................................54362
32.27 Amended......................................................54362
32.28 Amended...............................................54362, 54378
32.29 Amended...............................................54362, 54382
32.30 Amended......................................................54362
32.31 Amended...............................................54362, 54386
32.32 Amended...............................................54362, 54387

[[Page 674]]

    Corrected......................................................55995
32.33 Amended...............................................54362, 54389
32.34 Amended...............................................54362, 54390
32.35 Amended...............................................54362, 54391
32.36 Amended...............................................54362, 54393
    Corrected......................................................55995
32.37 Amended...............................................54362, 54394
    Corrected......................................................55995
32.38 Amended...............................................54362, 54410
32.39 Amended...............................................54362, 54412
32.40 Amended...............................................54362, 54415
32.41 Amended...............................................54362, 54415
32.42 Amended...............................................54362, 54416
32.43 Amended...............................................54362, 54418
    Corrected......................................................55995
32.44 Amended...............................................54362, 54426
32.45 Amended...............................................54362, 54427
32.46 Amended...............................................54362, 54428
32.47 Amended...............................................54362, 54429
32.48 Amended...............................................54362, 54430
32.49 Amended...............................................54362, 54432
32.50 Amended...............................................54362, 54433
32.51 Amended...............................................54362, 54434
32.52 Amended...............................................54362, 54436
32.53 Amended...............................................54362, 54440
32.54 Amended...............................................54362, 54444
32.55 Amended...............................................54362, 54445
32.56 Amended...............................................54362, 54447
32.57 Amended...............................................54362, 54448
32.59 Amended......................................................54362
32.60 Amended...............................................54362, 54449
    Corrected......................................................55995
32.61 Amended...............................................54362, 54452
    Corrected......................................................55995
32.62 Amended...............................................54362, 54454
32.63 Amended...............................................54362, 54457
    Corrected......................................................55995
32.64 Amended...............................................54362, 54462
32.65 Amended...............................................54362, 54462
32.66 Amended...............................................54362, 54465
32.67 Amended...............................................54362, 54469
32.68 Amended...............................................54362, 54472
32.69 Amended...............................................54362, 54473
32.70 Amended...............................................54362, 54473
32.71 Amended...............................................54362, 54474
32.72 Amended......................................................54362
92.4 Amended.......................................................17327
92.5 (a) revised...................................................17327
92.6 Revised.......................................................17327
92.20 (i) revised..................................................17327
92.31 Added; eff. through 8-31-04..................................17327
92.32 Added; eff. through 8-31-04..................................17327
92.33 Added; eff. through 8-31-04..................................17327
100 Seasonal adjustments...............28847, 33307, 36016, 46999, 70074
100.4 Amended......................................................60962
100.11 (b)(1) revised..............................................60962
100.24 (a)(2) and (3) revised.......................................5022
100.25 Revised.....................................................40185
    (a) amended; (j)(6) and (7) revised............................53012
100.26 Added.......................................................40189
    (n)(10) table amended..........................................53012
100.27 Added........................................................5025
100.28 Added........................................................5025

                                  2005

50 CFR
                                                                   70 FR
                                                                    Page
Chapter I
18.3 Amended.......................................................48323
20 Frameworks...............................................51522, 55666
20.21 (j)(1) revised...............................................49196
20.101 Seasonal hunting adjustments................................51949
20.102 Seasonal hunting adjustments................................51950
20.103 Seasonal hunting adjustments................................51951
    Corrected......................................................54483
20.104 Seasonal hunting adjustments.........................51957, 56031
20.105 Seasonal hunting adjustments.........................51961, 56033
20.106 Seasonal hunting adjustments.........................51974, 56071
20.107 Seasonal hunting adjustments................................56072
20.109 Seasonal hunting adjustments.........................51976, 56073
20.110 Revised.....................................................51987
    Seasonal hunting adjustments...................................56534
21.24 (e) revised..................................................18320
21.25 (d) revised..................................................18320
21.29 (k) amended..................................................34698
23.23 (f) table amended............................................74711
32.7 Amended.......................................................54158
32.20 Amended......................................................54158
32.22 Amended......................................................54159
32.23 Amended......................................................54160
32.24 Corrected; CFR correction.....................................8748
    Amended........................................................54161
32.25 Amended......................................................54163
32.26 Amended......................................................54163
32.28 Corrected; CFR correction.....................................8748
    Amended........................................................54163

[[Page 675]]

32.29 Corrected; CFR correction.....................................8748
    Amended........................................................54166
32.32 Amended......................................................54166
32.33 Amended......................................................54168
32.34 Corrected; CFR correction.....................................8749
    Amended........................................................54168
32.36 Amended......................................................54168
32.37 Amended......................................................54169
    Correctly amended..............................................56376
32.38 Amended......................................................54172
32.39 Amended......................................................54174
32.40 Corrected; CFR correction.....................................8749
    Amended........................................................54176
    Correctly amended..............................................56376
32.42 Amended......................................................54178
32.43 Amended......................................................54182
32.44 Amended......................................................54182
    Correctly amended..............................................56376
32.45 Amended......................................................54182
32.46 Corrected; CFR correction.....................................8749
    Amended........................................................54183
32.48 Amended......................................................54183
32.50 Amended......................................................54184
    Correctly amended..............................................56377
32.51 Amended......................................................54184
32.52 Amended......................................................54185
    Correctly amended..............................................56377
32.53 Amended......................................................54185
32.55 Amended......................................................54188
32.56 Amended......................................................54189
    Correctly amended..............................................56377
32.57 Amended......................................................54189
32.60 Amended......................................................54190
32.61 Amended......................................................54190
32.62 Correctly amended............................................56377
32.63 Amended...............................................54191, 54192
    Correctly amended..............................................56377
32.64 Amended......................................................54194
32.66 Corrected; CFR correction.....................................8749
    Amended........................................................54194
    Correctly amended..............................................56377
32.67 Amended......................................................54195
32.69 Amended......................................................54197
92.5 (a)(2) introductory text revised; (a)(3) added................18248
92.20 (d) revised..................................................18248
92.31 Added........................................................18248
92.32 Added........................................................18248
92.33 Added........................................................18248
100 Seasonal adjustments..........................................35537,
36033, 46768, 50978
100.3 Revised......................................................76407
100.24 (a)(2) and (3) revised......................................13378
    (a)(1) revised.................................................36272
100.25 Revised.....................................................36278
100.26 Added.......................................................36282
100.27 Added; eff. through 3-31-06.................................13384
100.28 Added; eff. through 3-31-06.................................13384

                                  2006

50 CFR
                                                                   71 FR
                                                                    Page
Chapter I
18.121--18.129 (Subpart J) Added eff. 8-2-06 through 8-2-11........43950
20 Authority citation revised......................................45986
    Frameworks..............................................51406, 55654
20.11 (n) added....................................................45986
20.21 (j) revised...................................................4297
    (b) and (g) revised............................................45986
    (j)(2) and (3) correctly reinstated; CFR correction............48802
20.101 Seasonal hunting adjustments................................51933
20.102 Seasonal hunting adjustments................................51934
20.103 Seasonal hunting adjustments................................51935
20.104 Seasonal hunting adjustments.........................51941, 55679
20.105 Seasonal hunting adjustments.........................51945, 55681
20.106 Seasonal hunting adjustments.........................51958, 55713
20.107 Seasonal hunting adjustments................................55714
20.109 Seasonal hunting adjustments.........................51960, 55715
20.110 Seasonal hunting adjustments................................55080
    (a), (b), (c), (g), (k), (m), (o), (q), (r), (s) and (u) 
revised; (v) through (aa) added....................................58236
21 Authority citation revised......................................45986
21.3 Amended.......................................................45986
21.41--21.48 (Subpart D) Heading revised...........................45986
21.49 Added........................................................45986
21.50 Added........................................................45988
21.51 Added........................................................45989
21.52 Added........................................................45990
21.61 Added........................................................45992
36.39 (j)(3) added.................................................33259
91.1 (b) amended...................................................39014
91.2 Amended.......................................................39014

[[Page 676]]

91.4 Revised.......................................................39014
91.11 Revised......................................................39014
91.12 Revised......................................................39015
91.13 Revised......................................................39015
91.14 Revised......................................................39015
91.16 (b) revised..................................................39015
91.17 Revised......................................................39015
91.21 (a) amended; (c) added.......................................39015
91.22 Revised......................................................39015
91.24 (f) amended..................................................39015
92.20 (g), (h) and (i) revised; (j) added..........................10408
92.31 Added........................................................10408
92.32 Added........................................................10408
92.33 Added........................................................10408
100 Seasonal adjustments......................35541, 43368, 51758, 75883
100.3 (b)(5) added.................................................49999
100.22 (a)(10) amended; (a)(11) added..............................46401
    Regulation at 71 FR 46401 withdrawn............................56357
100.24 (a)(2) and (3) revised......................................15573
    (a)(1) revised.................................................37647
100.25 Revised.....................................................37654
100.26 Revised; eff. 7-1-06 through 6-30-07........................37658
100.27 Added; eff. 4-1-06 through 3-31-07..........................15577
100.28 Added; eff. 4-1-06 through 3-31-07..........................15577

                                  2007

  (Regulations published from January 1, 2007, through October 1, 2007)

50 CFR
                                                                   72 FR
                                                                    Page
20 Frameworks...............................................49622, 53882
20.11 (n) revised..................................................46407
20.21 (b) and (g) revised..........................................46407
20.101 Revised.....................................................50167
20.102 Revised.....................................................50168
20.103 Revised.....................................................50169
20.104 Revised.....................................................50175
    Seasonal hunting adjustments...................................54161
20.105 (a) through (f) revised.....................................50178
    Seasonal hunting adjustments...................................54163
20.106 Revised.....................................................50191
    Seasonal hunting adjustments...................................54193
20.107 Seasonal hunting adjustments................................54194
20.109 Revised.....................................................50193
    Seasonal hunting adjustments...................................54195
21.3 Amended.................................................8949, 46408
21.15 Added.........................................................8949
21.49 (d)(5) revised...............................................46408
21.50 (b), (c), (d)(1) through (7), (8) introductory text and (e) 
        revised....................................................46408
21.61 (d)(2) revised...............................................46409
22.3 Amended.......................................................31139
23 Revised.........................................................48448
32.31 Correctly amended............................................54602
32.32 Amended......................................................51542
32.34 Amended......................................................51542
32.42 Heading correctly reinstated; CFR correction.................11792
    Amended........................................................51542
32.69 Amended......................................................51545
91.12 Revised.......................................................6488
91.24 (g) and (h) revised...........................................6488
91.31 Revised.......................................................6488
92 Technical correction............................................49667
92.5 Introductory text, (a)(1), (2) introductory text, (iv) and 
        (b) revised; (a)(3) removed;...............................18322
92.20 (i) and (j) amended; (k) added...............................18323
92.31 Revised......................................................18323
92.32 Revised......................................................18323
92.33 Revised......................................................18323
100.23 Revised.....................................................25697
100.24 (a)(2) and (3) revised......................................12679
100.27 Added; eff. 4-1-07 through 3-31-08..........................12683
100.28 Added; eff. 4-1-07 through 3-31-08..........................12683


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