[Title 50 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2020 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          

                                         Title 50

                                  Wildlife and Fisheries
                                ________________________

                                    Parts 18 to 199

                              Revised as of October 1, 2020

          Containing a codification of documents of general 
          applicability and future effect

          As of October 1, 2020
                    Published by the Office of the Federal Register 
                    National Archives and Records Administration as 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 (Continued)                     3
  Finding Aids:
      Table of CFR Titles and Chapters........................     815
      Alphabetical List of Agencies Appearing in the CFR......     835
      List of CFR Sections Affected...........................     845

[[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, 2020), 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.

PAST PROVISIONS OF THE CODE

    Provisions of the Code that are no longer in force and effect as of 
the revision date stated on the cover of each volume are not carried. 
Code users may find the text of provisions in effect on any given date 
in the past by using the appropriate List of CFR Sections Affected 
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the Code prior to the LSA listings at the end of the volume, consult 
previous annual editions of the LSA. For changes to the Code prior to 
2001, consult the List of CFR Sections Affected compilations, published 
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not dropped in error.

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 
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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.
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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 Authorities 
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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.

[[Page vii]]

    The Federal Register Index is issued monthly in cumulative form. 
This index is based on a consolidation of the ``Contents'' entries in 
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the revision dates of the 50 CFR titles.

REPUBLICATION OF MATERIAL

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in the Code of Federal Regulations.

INQUIRIES

    For a legal interpretation or explanation of any regulation in this 
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    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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Connect to NARA's website at www.archives.gov/federal-register.
    The e-CFR is a regularly updated, unofficial editorial compilation 
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of the Federal Register and the Government Publishing Office. It is 
available at www.ecfr.gov.

    Oliver A. Potts,
    Director,
    Office of the Federal Register
    October 1, 2020.







[[Page ix]]



                               THIS TITLE

    Title 50--Wildlife and Fisheries is composed of thirteen volumes. 
The parts in these volumes are arranged in the following order: Parts 1-
16; part 17 (17.1 to 17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to 
(e)), part 17 (17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 
17 (17.99(a) to (h)), part 17 (17.99(i) to end of part 17), parts 18-
199, parts 200-227, parts 228-599, parts 600-659, and part 660 to end. 
The first nine volumes consist of parts 1-16, part 17 (17.1 to 
17.95(a)), part 17 (17.95(b)), part 17 (17.95(c) to (e)), part 17 
(17.95(f) to end of 17.95), part 17 (17.96 to 17.98), part 17 (17.99(a) 
to 17.99(h)), part 17 (17.99(i) to end of part 17), and parts 18-199 and 
contain the current regulations issued under chapter I--United States 
Fish and Wildlife Service, Department of the Interior. The tenth volume 
(parts 200-227) contains the current regulations issued under chapter 
II--National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce. The eleventh volume (parts 228-
599) contains the remaining current regulations issued under chapter 
II--National Marine Fisheries Service, National Oceanic and Atmospheric 
Administration, Department of Commerce; and the current regulations 
issued under 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 twelfth and thirteenth 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, 2020.

    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, Susannah C. Hurley was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of John 
Hyrum Martinez, assisted by Stephen J. Frattini.

[[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............................          47
20              Migratory bird hunting......................          48
21              Migratory bird permits......................          70
22              Eagle permits...............................         136
23              Convention on International Trade in 
                    Endangered Species of Wild Fauna and 
                    Flora (CITES)...........................         154
24              Importation and exportation of plants.......         226
            SUBCHAPTER C--THE NATIONAL WILDLIFE REFUGE SYSTEM
25              Administrative provisions...................         229
26              Public entry and use........................         237
27              Prohibited acts.............................         259
28              Enforcement, penalty, and procedural 
                    requirements for violations of 
                    Subchapter C............................         266
29              Land use management.........................         268
30              Range and feral animal management...........         297
31              Wildlife species management.................         297
32              Hunting and fishing.........................         298
34              Refuge revenue sharing with counties........         527
35              Wilderness preservation and management......         531
36              Alaska National Wildlife Refuges............         534
37              Geological and geophysical exploration of 
                    the coastal plain, Arctic National 
                    Wildlife Refuge, Alaska.................         564

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38              Midway Atoll National Wildlife Refuge.......         586
                         SUBCHAPTER D [RESERVED]
        SUBCHAPTER E--MANAGEMENT OF FISHERIES CONSERVATION AREAS
70              National fish hatcheries....................         590
71              Hunting and sport fishing on national fish 
                    hatcheries..............................         591
SUBCHAPTER F--FINANCIAL ASSISTANCE--WILDLIFE AND SPORT FISH RESTORATION 
                                 PROGRAM
80              Administrative requirements, Pittman-
                    Robertson Wildlife Restoration and 
                    Dingell--Johnson Sport Fish Restoration 
                    Acts....................................         596
81              Conservation of endangered and threatened 
                    species of fish, wildlife, and plants--
                    cooperation with the States.............         623
82              Administrative procedures for grants-in-aid 
                    (Marine Mammal Protection Act of 1972)..         627
83              [Reserved]

84              National Coastal Wetlands Conservation Grant 
                    Program.................................         631
85              Clean Vessel Act Grant Program..............         646
86              Boating Infrastructure Grant Program........         655
                 SUBCHAPTER G--MISCELLANEOUS PROVISIONS
90              Feeding depredating migratory waterfowl.....         678
91              Migratory bird hunting and conservation 
                    stamp contest...........................         680
92              Migratory bird subsistence harvest in Alaska         685
                SUBCHAPTER H--NATIONAL WILDLIFE MONUMENTS
96-99           [Reserved]

100             Subsistence management regulations for 
                    public lands in Alaska..................         699
101-199         [Reserved]

[[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.
18.34 Guidelines for use in safely deterring polar bears.

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, Production and Other Substantially Similar 
  Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska

18.121 Specified activities covered by this subpart.
18.122 Specified geographic region where this subpart applies.
18.123 Dates this subpart is in effect.
18.124 Procedure to obtain a Letter of Authorization (LOA).
18.125 How the Service will evaluate a request for a Letter of 
          Authorization (LOA).
18.126 Authorized take allowed under a Letter of Authorization (LOA)
18.127 Prohibited take under a Letter of Authorization (LOA).
18.128 Mitigation, monitoring, and reporting requirements.

[[Page 6]]

18.129 Information collection requirements.

 Subpart K_Nonlethal Taking of Marine Mammals Incidental to Oil and Gas 
                    Activities in Cook Inlet, Alaska

18.130 Specified activities covered by this subpart.
18.131 Specified geographic region where this subpart applies.
18.132 Dates this subpart is in effect.
18.133 Authorized take allowed under a Letter of Authorization (LOA).
18.134 Procedure to obtain a Letter of Authorization (LOA).
18.135 How the Service will evaluate a request for a Letter of 
          Authorization (LOA).
18.136 Prohibited take under a Letter of Authorization (LOA).
18.137 Mitigation.
18.138 Monitoring.
18.139 Reporting requirements.
18.140 Measures to reduce impacts to subsistence users.
18.141 Information collection requirements.

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

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



                         Subpart A_Introduction



Sec.18.1  Purpose of regulations.

    The regulations contained in this part implement the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1361-1407), which among other things, 
restricts the taking, possession, transportation, selling, offering for 
sale, and importing of marine mammals.



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.

[[Page 7]]

    Commercial fishing operation means the lawful harvesting of fish 
from the marine environment for profit as part of an on-going business 
enterprise. Such term shall not include sport fishing activities whether 
or not carried out by charter boat or otherwise, and whether or not the 
fish so caught are subsequently sold.
    Endangered species means a species of marine mammal listed as 
``endangered'' pursuant to the Endangered Species Act of 1973, 87 Stat. 
884, Pub. L. 93-205 (see part 17 of this subchapter).
    Incidental catch means the taking of a marine mammal (a) because it 
is directly interfering with commercial fishing operations, or (b) as a 
consequence of the steps used to secure the fish in connection with 
commercial fishing operations: Provided, however, That a marine mammal 
so taken must immediately be returned to the sea with a minimum of 
injury; and Provided, further, That the taking of a marine mammal which 
otherwise meets the requirements of this definition shall not be 
considered as incidental catch of that mammal if it is used subsequently 
to assist in commercial fishing operations.
    Marine mammal means any specimen of the following species, whether 
alive or dead, and any part thereof, including but not limited to, any 
raw, dressed, or dyed fur or skin:

------------------------------------------------------------------------
         Scientific name              Common name         Date listed
------------------------------------------------------------------------
Ursus maritimus.................  Polar bear........  Dec. 21, 1972.
Enhydra lutris..................  Sea otter.........   Do.
Odobenus rosmarus...............  Walrus............   Do.
Dugong dugon....................  Dugong............   Do.
Trichechus manatus..............  West Indian          Do.
                                   manatee.
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

[[Page 8]]

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's Information 
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).

[62 FR 7329, Feb. 18, 1997, as amended at 79 FR 43965, July 29, 2014]



                         Subpart B_Prohibitions



Sec.18.11  Prohibited taking.

    Except as otherwise provided in subpart C, D, or H of this part 18, 
or part 403, it is unlawful for:
    (a) Any person, vessel, or conveyance subject to the jurisdiction of 
the United States to take any marine mammal on the high seas, or
    (b) Any person, vessel, or conveyance to take any marine mammal in 
waters or on lands under the jurisdiction of the United States.

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



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]

[[Page 9]]



Sec.18.14  Marine mammals taken before the Act.

    (a) Section 102(e) of the Act provides in effect that the Act shall 
not apply to any marine mammal taken prior to December 21, 1972, or to 
any marine mammal product consisting of, or composed in whole or in part 
of, any marine mammal taken before such date. Such status may be 
established by submitting to the Director prior to, or at the time of 
importation, an affidavit containing the following:
    (1) The Affiant's name and address;
    (2) Identification of the Affiant;
    (3) A description of the marine mammals or marine mammal products 
which the Affiant desires to import;
    (4) A statement by the Affiant that to the best of his knowledge and 
belief, the marine mammals involved in the application were taken prior 
to December 21, 1972;
    (5) A statement by the Affiant in the following language:

    The foregoing is principally based on the attached exhibits which, 
to the best of my knowledge and belief, are complete, true and correct. 
I understand that this affidavit is being submitted for the purpose of 
inducing the Federal Government to permit the importation of _____ under 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361-1407) and 
regulations promulgated thereunder, and that any false statements 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

[[Page 10]]

the course of such taking, to its natural habitat. In addition, any such 
official or employee may, incidental to such taking, possess and 
transport, but not sell or offer for sale, such mammal and use any port, 
harbor or other place under the jurisdiction of the United States. All 
steps reasonably practicable under the circumstances shall be taken by 
any such employee or official to prevent injury or death to the marine 
mammal as the result of such taking.
    (b) Each taking permitted under this section should be included in a 
written report, to be submitted to the Director every six months, 
beginning December 31, 1973. Unless otherwise permitted by the Director, 
the report shall contain a description of:
    (1) The animal involved;
    (2) The circumstances requiring the taking;
    (3) The method of taking;
    (4) The name and official position of the State official or employee 
involved;
    (5) The disposition of the animal, including in cases where the 
animal has been retained in captivity, a description of the place and 
means of confinement and the measures taken for its maintenance and 
care; and
    (6) Such other information as the Director may require.

The reports shall be mailed to the Director, U.S. Fish and Wildlife 
Service, 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

[[Page 11]]

taking and importation of walrus permits the delivery, sale, 
transportation or shipment of parts or products of the Pacific walrus in 
interstate or foreign commerce.
    (d) Any tannery, or person who wishes to act as an agent, within the 
jurisdiction of the United States may apply to the Director for 
registration as a tannery or an agent which may possess and process 
marine mammal products for Indians, Aleuts, or Eskimos. The application 
shall include the following information:
    (1) The name and address of the applicant;
    (2) A description of the applicant's procedures for receiving, 
storing, processing, and shipping materials;
    (3) A proposal for a system of bookkeeping and/or inventory 
segregation by which the applicant could maintain accurate records of 
marine mammals received from Indians, Aleuts, or Eskimos, pursuant to 
this section;
    (4) Such other information as the Director may request;
    (5) A certification in the following language:

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

[[Page 12]]

untagged, and unreported animal(s), or parts thereof, for a period of 
time not to exceed 30 days from the time of taking for the purpose of 
transporting the specified parts to Service personnel or the Service's 
local authorized representative for marking, tagging, and reporting;
    (ii) Alaskan Natives and registered agents/tanneries may possess the 
specified unmarked or untagged raw, unhandicrafted, or tanned parts 
thereof for a period of time not to exceed 180 days from the effective 
date of this rulemaking for the purpose of transporting to Service 
personnel or the Service's local authorized representative for marking 
and tagging if the specified parts thereof were taken or possessed 
between December 21, 1972, and the effective date of this regulation. 
There is no reporting requirement for marine mammals, or specified parts 
thereof, covered by this paragraph.
    (3) Those unmarked, untagged, and unreported specified parts of 
polar bear, walrus, and sea otter, that must be presented to Service 
personnel or an authorized Service representative for marking, tagging, 
and reporting are as follows:
    (i) Polar bear--skin and skull.
    (ii) Walrus--tusks.
    (iii) Sea otter--skin and skull.
    (4) The locations where Service personnel or the Service's 
authorized local 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.

[[Page 13]]

    (C) Both the skin and the skull will be marked and tagged and a 
rudimentary pre-molar tooth may be removed from the skull and retained 
by the Service. The skin must have the sex identifiers, such as vaginal 
orifice, teats, or penal sheath or baculum, either attached to, or 
accompanying the skin.
    (D) The skull must be skinned out and the skin may be frozen or 
unfrozen when presented for marking, tagging, and reporting. If the skin 
is frozen, the sex identifiers, such as vaginal orifice, teats, penal 
sheath or baculum, must be visible.
    (E) Marks and tags must remain affixed to the skin through the 
tanning process and until the skin has been severed into parts for 
crafting into handicrafts or for as long as is practical during the 
handicrafting process.
    (ii) Marking, tagging, and reporting of walrus or specified parts 
thereof.
    (A) The paired tusks of the animal(s) must, to the maximum extent 
practical, accompany each other when presented for marking, tagging, and 
reporting purposes, except that paired tusks need not be presented 
together for marking and tagging purposes if taken between December 21, 
1972, and the effective date of this regulation.
    (B) Except as provided in paragraph (f)(2)(ii) of this section, the 
following information must be reported by Alaskan Natives when 
presenting walrus, or specified parts thereof, for marking 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]

[[Page 14]]



Sec.18.24  Taking incidental to commercial fishing operations.

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



Sec.18.25  Exempted marine mammals or marine mammal products.

    (a) The provisions of the Act and these regulations shall not apply:
    (1) To any marine mammal taken before December 21, 1972, or
    (2) To any marine mammal product if the marine mammal portion of 
such product consists solely of a marine mammal taken before such date.
    (b) The prohibitions contained in Sec.18.12(c) (3) and (4) shall 
not apply to marine mammals or marine mammal products imported into the 
United States before the date on which notice is published in the 
Federal Register of the proposed rulemaking with respect to the 
designation of the species 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

[[Page 15]]

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 Service's 
Information Collection Clearance Officer at the address provided at 50 
CFR 2.1(b).

    (c) Definitions. In addition to definitions contained in the Act and 
in 50 CFR 18.3 and unless the context otherwise requires, in this 
section:
    Citizens of the United States and U.S. citizens mean individual U.S. 
citizens or any corporation or similar entity if it is organized under 
the laws of the United States or any governmental unit defined in 16 
U.S.C. 1362(13). U.S. Federal, State and local government agencies shall 
also constitute citizens of the United States for purposes of this 
section.
    Incidental, but not intentional, taking means takings which are 
infrequent, 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;

[[Page 16]]

    (C) The anticipated impact of the activity upon the species or 
stocks;
    (D) The anticipated impact of the activity on the availability of 
the species or stocks for subsistence uses;
    (iv) The anticipated impact of the activity upon the habitat of the 
marine mammal populations and the likelihood of restoration of the 
affected habitat;
    (v) The anticipated impact of the loss or modification of the 
habitat on the marine mammal population involved;
    (vi) The availability and feasibility (economic and technological) 
of equipment, methods, and manner of conducting such activity or other 
means of effecting the least practicable adverse impact upon the 
affected species or stocks, their habitat, and, where relevant, on their 
availability for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. (The 
applicant and those conducting the specified activity and the affected 
subsistence users are encouraged to develop mutually agreeable 
mitigating measures that will meet the needs of subsistence users.);
    (vii) Suggested means of accomplishing the necessary monitoring and 
reporting which will result in increased knowledge of the species 
through an analysis of the level of taking or impacts and suggested 
means of minimizing burdens by coordinating such 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

[[Page 17]]

of the Interior, Washington, DC 20240. The information to be submitted 
in a request may be obtained by writing the Director. Once specific 
regulations are effective, the Service will to the maximum extent 
possible, process subsequent applications for Letters of Authorization 
within 30 days after receipt of the application by the Service.
    (2) Issuance of a Letter of Authorization will be based on a 
determination that the level of taking will be consistent with the 
findings made for the total taking allowable under the specific 
regulations.
    (3) Notice of issuance of all Letters of Authorization will be 
published in the Federal Register within 30 days of issuance.
    (4) Letters of Authorization will specify the period of validity and 
any additional terms and conditions appropriate for the specific 
request.
    (5) Letters of Authorization shall be withdrawn or suspended, either 
on an individual or class basis, as appropriate, if, after notice and 
opportunity for public comment, the Director determines: (i) The 
regulations prescribed are not being substantially complied with, or 
(ii) the taking allowed is having, or may have, more than a negligible 
impact on the species or stock, or where relevant, an unmitigable 
adverse impact on the availability of the species or stock for 
subsistence uses.
    (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; 79 FR 43965, 
July 29, 2014]



                      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 Division of Management 
Authority at the address provided at 50 CFR 2.1(b). 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

[[Page 18]]

number, location (settlement and population), and season you or the 
decedent took the bear;
    (5) An itemized description of the polar bear parts you wish to 
import, including size and the sex of the polar bear;
    (6) The month and year the polar bear was sport hunted;
    (7) The location (nearest settlement or community) where the bear 
was sport hunted;
    (8) For a female bear or a bear of unknown sex that was taken before 
January 1, 1986, documentary evidence that the bear was not pregnant at 
the time of take, including, but not limited to, documentation, such as 
a hunting license or travel itinerary, that shows the bear was not taken 
in October, November, or December or that shows that the location of the 
hunt did not include an area that supported maternity dens; and
    (9) For a female bear, bear of unknown sex, or male bear that is 
less than 6 feet in length (from tip of nose to the base of the tail) 
that was taken prior to the 1996/97 NWT polar bear harvest season, 
available documentation to show that the bear was not nursing, 
including, but not limited to, documentation, such as a certification 
from the NWT, that the bear was not taken while part of a family group.
    (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

[[Page 19]]

of a polar bear taken in Canada is subject to the permit conditions 
outlined in Sec.18.31(d) and the following additional permit 
conditions:
    (1) You, the permittee, may not import internal organs of the polar 
bear, including the gall bladder;
    (2) After import you may not alter or use the trophy in a manner 
inconsistent with the definition of a sport-hunted polar bear trophy as 
given in Sec.18.30(b);
    (3) You may not import a sport-hunted trophy if the polar bear at 
the time you or the decedent took it was:
    (i) A nursing bear or a female with nursing young (i.e., part of a 
family group);
    (ii) A pregnant female; or
    (iii) A bear moving into a den or in a den;
    (4) You must present to Service personnel at the time of import a 
valid CITES document from the country of export or re-export;
    (5) You must comply with the following import procedures:
    (i) Import the sport-hunted trophy through a designated port for 
wildlife imports (see Sec.14.12 of this subchapter) during regular 
business hours, except for full mount trophies that have been granted an 
exception to designated 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

[[Page 20]]

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
    (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; 79 FR 43965, July 29, 
2014]



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;

[[Page 21]]

    (5) If the application is for a scientific research permit, and if 
the marine mammal proposed to be taken or imported is listed as an 
endangered or threatened species or has been designated by the Secretary 
as depleted, a detailed justification of the need for such a marine 
mammal, including a discussion of possible alternatives, whether or not 
under the control of the applicant; and
    (6) If the application is for a public display permit, a detailed 
description of the proposed use to which the marine mammal or marine 
mammal product is to be put, including the manner, location, and times 
of display, whether such display is for profit, an estimate of the 
numbers and types of persons who it is anticipated will benefit for such 
display, and whether and to what extent the display is connected with 
educational or scientific programs. There shall also be included a 
complete description of the enterprise seeking the display permit and 
its educational, and scientific qualifications, if any.
    (b) Review by Marine Mammal Commission. Upon receipt of an 
application the Director shall forward the application to the Marine 
Mammal Commission together with a request for the recommendations of the 
Commission and the Committee of Scientific Advisors on Marine Mammals. 
In order to comply with the time limits provided in these regulations, 
the Director shall request that such recommendation be submitted within 
30 days of receipt of the application by the Commission. If the 
Commission or the Committee, as 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.

[[Page 22]]

    (e) Tenure of permits. The tenure of permits for scientific research 
or public display shall be designated on the face of the permit.



Sec.18.32  Waiver of the moratorium.

    See subpart F (Waiver of the moratorium; State laws and regulations) 
and subpart G (Notice and Hearing on section 103 Regulations) for 
procedures regarding waivers of the moratorium in those circumstances 
where a state provides an acceptable management program for a species or 
population stock within its jurisdiction.

[40 FR 59442, Dec. 24, 1975]



Sec.18.33  Procedures for issuance of permits and modification,
suspension, or revocation thereof.

    (a) Whenever application for a permit is received by the director 
which the director deems sufficient, he shall, as soon as practicable, 
publish a notice thereof in the Federal Register. Such notice shall set 
forth a summary of the information contained in such application. Any 
interested party may, within 30 days after the date of publication of 
such notice, submit to the director his written data or views with 
respect to the taking or importation proposed in such application and 
may request a hearing in connection with the action to be taken thereon.
    (b) If the request for a hearing is made within the 30-day period 
referred to in paragraph (a) of this section, or if the director 
determines that a hearing would otherwise be advisable, the director 
may, within 60 days after the 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

[[Page 23]]

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.



Sec.18.34  Guidelines for use in safely deterring polar bears.

    (a) These guidelines are intended for use in safely deterring polar 
bears in the wild. They provide acceptable types of deterrence actions 
that any person, or their employee, or their agent, can use to deter a 
polar bear from damaging private property; or that any person can use to 
deter a polar bear from endangering personal safety; or that a 
government employee can use to deter a polar bear from damaging public 
property, and not cause the serious injury or death of a polar bear. 
Anyone acting in such a manner and conducting activities that comply 
with the guidelines in this subpart does not need authorization under 
the MMPA to conduct such deterrence. Furthermore, actions consistent 
with these guidelines do not violate the take prohibitions of the MMPA 
or this part. A Federal, State or local government official or employee 
may take a polar bear in the course of his duties as an official or 
employee, as long as such taking is accomplished in accordance with 
Sec.18.22 of this part.
    (b) There are two types of deterrence measures that a person, or 
their employee, or their agent could follow to nonlethally deter a polar 
bear. Each type of measure includes a suite of appropriate actions that 
the public may use.
    (1) Passive deterrence measures. Passive deterrence measures are 
those that prevent polar bears from gaining access to property or 
people. These measures provide for human safety and do not increase the 
risk of serious injury or death of a polar bear. They include:
    (i) Rigid fencing. Rigid fencing and other fixed barriers such as 
gates and fence skirting can be used around buildings or areas to limit 
bears from accessing community or industrial sites and buildings. 
Fencing areas 5 acres (2 ha) and smaller can be used to limit human-bear 
interactions. Industry standard chain-link fencing material can be used. 
Chain-link fencing can be placed around buildings on pilings as fence 
skirting to limit access of bears underneath the buildings.
    (ii) Bear exclusion cages. Bear exclusion cages provide a protective 
shelter for people in areas frequented by bears. Cages erected at 
building entry and exit points exclude polar bears from the immediate 
area and allow safe entry and exit for persons gaining access to, or 
leaving, a building should a polar bear be in the vicinity. 
Additionally, they provide an opportunity for people exiting a building 
to conduct a visual scan upon exit. Such a scan is especially important 
in areas where buildings are constructed above ground level due to 
permafrost because bears may be resting underneath. These cages can be 
used at homes or industrial facilities to deter bears as well. Cages can 
be used in remote areas where bear use is not known, and along bear 
travel corridors, e.g., within 0.5 mile from coastline, to deter bears 
from facilities. Cages must be no smaller than 4 ft (width) by 4 ft 
(length) by 8 ft (height). Bars must be no smaller than 1 inch wide. 
Distance between bars must be no more than 4 inches clear on stairways 
and landings or when otherwise attached to a habitable structure; they 
may be no more than 5 inches clear for use in cages not attached to any 
habitable structure. A 4-inch distance between the bars would be 
sufficient to prevent a bear from reaching through, while providing 
visible space between bars. The ceiling of the cage must be enclosed.
    (iii) Bear-resistant garbage containers. Bear-resistant garbage 
containers prevent bears from accessing garbage as a food source and 
limit polar bears from becoming food-conditioned or habituated to people 
and facilities. The absence of habituation further reduces the potential 
for bear-human interactions. Bear-resistant garbage cans and garbage 
bins are manufactured by various companies and in various sizes. 
Commercially designed residential

[[Page 24]]

bear-resistant containers (32-130 gallons) can be used. Two- to 6-cubic 
yard containers can be specifically designed by commercial vendors as 
bear-proof containers or have industry-standard lid locks to prohibit 
bear entry, depending on the need and location. For remote seasonal 
camps, garbage can be temporarily stored in steel drums secured with 
locking rings and a gasket, and removed from the site when 
transportation is available. Larger garbage containers, such as 
dumpsters or ``roll-offs'' (20 to 40 cubic yards), can limit bear-human 
interactions when the containers have bear-proof lids. Lids must be 
constructed of heavy steel tubing or similarly constructed with heavy 
expanded metal.
    (2) Preventive deterrence measures. Preventive deterrence measures 
are those that can dissuade a polar bear from initiating an interaction 
with property or people. These measures provide for safe human use and 
do not increase the risk of serious injury or death of a polar bear. 
These are:
    (i) Acoustic devices. Acoustic deterrent devices may be used to 
create an auditory disturbance causing polar bears to move away from the 
affected area. The reasonable use of loud noises, e.g., vehicle engines, 
automobile sirens or horns, and air-horns, where such auditory stimuli 
could startle a bear and disrupt its approach to property or people, is 
authorized. This authorization is limited to deterrent devices with a 
sound strength of no greater than 140 dB SPL to be deployed for no more 
than a 30-second continuous time interval. The use of commercially 
available air horns or other audible products used as perimeter alarms, 
which create sounds that fall below this upper limit, is acceptable.
    (ii) Vehicle or boat deterrence. Patrolling the periphery of a 
compound or encampment using a vehicle, such as a truck or all-terrain 
vehicle (e.g., a snowmobile or a four wheeler), and deterring, but not 
chasing, polar bears with engine noise, or by blocking their approach 
without making a physical contact with the animal, is an acceptable 
preventive deterrence. Similarly patrolling an area in a small boat 
using similar methods is acceptable.
    (c) The deterrence guidelines are passive or preventive in nature. 
Any action to deter polar bears that goes beyond these specific measures 
could result in a taking and, unless otherwise exempted under the MMPA, 
would require separate authorization. The Service acknowledges that 
there will be numerous new techniques developed, or new applications of 
existing techniques, for deterring bears. The Service will work to 
establish a system for evaluating new bear deterrence applications and 
techniques and will update this set of guidelines with examples of 
future approved methods. Deterrence actions (other than the measures 
described in these guidelines) that do not result in serious injury or 
death to a polar bear remain permissible for persons identified in 
section 101(a)(4)(A) of the MMPA. Prior to conducting activities beyond 
those specifically described in these guidelines, persons should contact 
the Service's Alaska Regional Office's Marine Mammal Program for further 
guidance (for the location of the Alaska Regional Office see 50 CFR 
2.2(g)).

[75 FR 61637, Oct. 6, 2010]

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 25]]

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 26]]

    (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 27]]

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 28]]

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 29]]

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 30]]

    (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 31]]



 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, Production and Other Substantially Similar 
  Activities in the Beaufort Sea and Adjacent Northern Coast of Alaska

    Source: 81 FR 52316, Aug. 5, 2016, unless otherwise noted.

    Effective Date Note: At 81 FR 52316, Aug. 5, 2016, Subpart J was 
added, effective Aug. 5, 2016, through Aug. 5, 2021.



Sec.18.121  Specified activities covered by this subpart.

    Regulations in this subpart apply to the nonlethal incidental, but 
not intentional, take of small numbers of polar bear and Pacific walrus 
by U.S. citizens while engaged in oil and gas exploration, development, 
production, and/or other substantially similar activities in the 
Beaufort Sea and adjacent northern coast of Alaska. ``U.S. citizens'' is 
defined in 50 CFR 18.27(c). The term ``small numbers'' is also defined 
in 50 CFR 18.27(c), however, we do not rely on that definition here as 
it conflates ``small numbers'' with ``negligible impacts.'' Regulations 
in this subpart rely on a small numbers determination where we estimated 
the likely number of takes of polar bears and Pacific walruses during 
the specified activities, and evaluated if that take is small relative 
to the size of the population or stock.



Sec.18.122  Specified geographic region where this subpart applies.

    This subpart applies to the specified geographic region that 
encompasses all Beaufort Sea waters east of a north-south line through 
Point Barrow, Alaska (71[deg]23[min]29[sec] N., -156[deg]28[min]30[sec] 
W., BGN 1944), and approximately 322 kilometers (km) (200 miles (mi)) 
north of Point

[[Page 32]]

Barrow, including all Alaska State waters and Outer Continental Shelf 
(OCS) waters, and east of that line to the Canadian border.
    (a) The offshore boundary of the Beaufort Sea incidental take 
regulations (ITR) region will match the boundary of the Bureau of Ocean 
Energy Management (BOEM) Beaufort Sea Planning area, approximately 322 
km (200 mi) offshore. The onshore region is the same north/south line at 
Barrow, 40.2 km (25 mi) inland and east to the Canning River.
    (b) The Arctic National Wildlife Refuge is not included in the 
Beaufort Sea ITR region. Figure 1 shows the area where this subpart 
applies.
[GRAPHIC] [TIFF OMITTED] TR05AU16.037



Sec.18.123  Dates this subpart is in effect.

    Regulations in this subpart are effective from August 5, 2016, 
through August 5, 2021, for year-round oil and gas exploration, 
development, production and other substantially similar activities.



Sec.18.124  Procedure to obtain a Letter of Authorization (LOA).

    (a) An applicant must be a U.S. citizen as defined in Sec.
18.27(c).
    (b) If an applicant proposes to conduct oil and gas industry 
exploration, development, production, and/or other substantially similar 
activity in the Beaufort Sea ITR region described in Sec.18.122 that 
may cause the taking of Pacific walruses and/or polar bears and wants 
nonlethal incidental take authorization under the regulations in this 
subpart J, the applicant must apply for an LOA. The applicant must 
submit the request for authorization to the Service's Alaska Region 
Marine Mammals Management Office (see Sec.2.2 for address) at least 90 
days prior to the start of the activity.

[[Page 33]]

    (c) The request for an LOA must include the following information 
and must comply with the requirements set forth in Sec.18.128:
    (1) A plan of operations that describes in detail the activity 
(e.g., type of project, methods, and types and numbers of equipment and 
personnel, etc.), the dates and duration of the activity, and the 
specific locations of and areas affected by the activity.
    (2) A site-specific marine mammal monitoring and mitigation plan to 
monitor and mitigate the effects of the activity on Pacific walruses and 
polar bears.
    (3) A site-specific Pacific walrus and polar bear safety, awareness, 
and interaction plan. The plan for each activity and location will 
detail the policies and procedures that will provide for the safety and 
awareness of personnel, avoid interactions with Pacific walruses and 
polar bears, and minimize impacts to these animals.
    (4) A Plan of Cooperation (POC) to mitigate potential conflicts 
between the activity and subsistence hunting, where relevant. Applicants 
must provide documentation of communication with potentially affected 
subsistence communities along the Beaufort Sea coast (i.e., Kaktovik, 
Nuiqsut, and Barrow) and appropriate subsistence user organizations 
(i.e., the Eskimo Walrus Commission or North Slope Borough) to discuss 
the location, timing, and methods of activities and identify and 
mitigate any potential conflicts with subsistence walrus and polar bear 
hunting activities. Applicants must specifically inquire of relevant 
communities and organizations if the activity will interfere with the 
availability of Pacific walruses and/or polar bears for the subsistence 
use of those groups. Applications for Letters of Authorization must 
include documentation of all consultations with potentially affected 
user groups. Documentation must include a summary of any concerns 
identified by community members and hunter organizations, and the 
applicant's responses to identified concerns.



Sec.18.125  How the Service will evaluate a request for a Letter
of Authorization (LOA).

    (a) We will evaluate each request for an LOA 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 considering the number of animals likely to be taken and 
evaluating whether there will be a negligible impact on the species or 
an adverse impact on the availability of the species 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 the applicant has 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 an LOA, 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 
stocks of polar bears or Pacific walruses.



Sec.18.126  Authorized take allowed under a Letter of Authorization 
(LOA).

    (a) An LOA allows for the nonlethal, non-injurious, incidental, but 
not intentional take by Level B harassment, as defined in Sec.18.3 and 
under section 3 of the Marine Mammal Protection Act (16 U.S.C. 1371 et 
seq.), of Pacific walruses and/or polar bears while conducting oil and 
gas industry exploration, development, production, and/or other 
substantially similar activities within the Beaufort Sea ITR region 
described in Sec.18.122.
    (b) Each LOA will identify terms and conditions for each activity 
and location.

[[Page 34]]



Sec.18.127  Prohibited take under a Letter of Authorization (LOA).

    Except as otherwise provided in this subpart, prohibited taking is 
described in Sec.18.11 as well as:
    (a) Intentional take, Level A harassment, as defined in section 3 of 
the Marine Mammal Protection Act (16 U.S.C. 1371 et seq.), and lethal 
incidental take of polar bears or Pacific walruses; and
    (b) Any take that fails to comply with this subpart or with the 
terms and conditions of an LOA.



Sec.18.128  Mitigation, monitoring, and reporting requirements.

    (a) Mitigation measures for all Letters of Authorization (LOAs). 
Holders of an LOA must implement policies and procedures to conduct 
activities in a manner that minimizes to the greatest extent practicable 
adverse impacts on Pacific walruses and/or polar bears, their habitat, 
and the availability of these marine mammals for subsistence uses. 
Adaptive management practices, such as temporal or spatial activity 
restrictions in response to the presence of marine mammals in a 
particular place or time or the occurrence of Pacific walruses and/or 
polar bears engaged in a biologically significant activity (e.g., 
resting, feeding, denning, or nursing, among others) must be used to 
avoid interactions with and minimize impacts to these animals and their 
availability for subsistence uses.
    (1) All holders of an LOA must:
    (i) Cooperate with the Service's Marine Mammals Management Office 
and other designated Federal, State, and local agencies to monitor and 
mitigate the impacts of oil and gas industry activities on Pacific 
walruses and polar bears.
    (ii) Designate trained and qualified personnel to monitor for the 
presence of Pacific walruses and polar bears, initiate mitigation 
measures, and monitor, record, and report the effects of oil and gas 
industry activities on Pacific walruses and/or polar bears.
    (iii) Have an approved Pacific walrus and polar bear safety, 
awareness, and interaction plan on file with the Service's Marine 
Mammals Management Office and onsite, and provide polar bear awareness 
training to certain personnel. Interaction plans must include:
    (A) The type of activity and where and when the activity will occur 
(i.e., a summary of the plan of operation);
    (B) A food, waste, and other ``bear attractants'' management plan;
    (C) Personnel training policies, procedures, and materials;
    (D) Site-specific walrus and polar bear interaction risk evaluation 
and mitigation measures;
    (E) Walrus and polar bear avoidance and encounter procedures; and
    (F) Walrus and polar bear observation and reporting procedures.
    (2) All applicants for an LOA must contact affected subsistence 
communities and hunter organizations to discuss potential conflicts 
caused by the activities and provide the Service documentation of 
communications as described in Sec.18.124.
    (b) Mitigation measures for onshore activities. Holders of an LOA 
must undertake the following activities to limit disturbance around 
known polar bear dens:
    (1) Attempt to locate polar bear dens. Holders of an LOA seeking to 
carry out onshore activities in known or suspected polar bear denning 
habitat during the denning season (November-April) must make efforts to 
locate occupied polar bear dens within and near areas of operation, 
utilizing appropriate tools, such as forward-looking infrared (FLIR) 
imagery and/or polar bear scent-trained dogs. All observed or suspected 
polar bear dens must be reported to the Service prior to the initiation 
of activities.
    (2) Observe the exclusion zone around known polar bear dens. 
Operators must observe a 1.6-km (1-mi) operational exclusion zone around 
all known polar bear dens during the denning season (November-April, or 
until the female and cubs leave the areas). Should previously unknown 
occupied dens be discovered within 1 mi of activities, work must cease 
and the Service contacted for guidance. The Service will evaluate these 
instances on a case-by-case basis to determine the appropriate action. 
Potential actions may range from cessation or modification of work to 
conducting additional monitoring, and the holder of the authorization 
must comply with any additional measures specified.

[[Page 35]]

    (3) Use the den habitat map developed by the USGS. A map of 
potential coastal polar bear denning habitat can be found at: http://
alaska.usgs.gov/science/biology/polar_bears/denning.html. This measure 
ensures that the location of potential polar bear dens is considered 
when conducting activities in the coastal areas of the Beaufort Sea.
    (4) Polar bear den restrictions. Restrict the timing of the activity 
to limit disturbance around dens.
    (c) Mitigation measures for operational and support vessels. (1) 
Operational and support vessels must be staffed with dedicated marine 
mammal observers to alert crew of the presence of walruses and polar 
bears and initiate adaptive mitigation responses.
    (2) At all times, vessels must maintain the maximum distance 
possible from concentrations of walruses or polar bears. Under no 
circumstances, other than an emergency, should any vessel approach 
within an 805-m (0.5-mi) radius of walruses or polar bears observed on 
land or ice.
    (3) Vessel operators must take every precaution to avoid harassment 
of concentrations of feeding walruses when a vessel is operating near 
these animals. Vessels should reduce speed and maintain a minimum 805-m 
(0.5-mi) operational exclusion zone around feeding walrus groups. 
Vessels may not be operated in such a way as to separate members of a 
group of walruses from other members of the group. When weather 
conditions require, such as when visibility drops, vessels should adjust 
speed accordingly to avoid the likelihood of injury to walruses.
    (4) Vessels bound for the Beaufort Sea ITR Region may not transit 
through the Chukchi Sea prior to July 1. This operating condition is 
intended to allow walruses the opportunity to move through the Bering 
Strait and disperse from the confines of the spring lead system into the 
Chukchi Sea with minimal disturbance. It is also intended to minimize 
vessel impacts upon the availability of walruses for Alaska Native 
subsistence hunters. Exemption waivers to this operating condition may 
be issued by the Service on a case-by-case basis, based upon a review of 
seasonal ice conditions and available information on walrus and polar 
bear distributions in the area of interest.
    (5) All vessels must avoid areas of active or anticipated walrus or 
polar bear subsistence hunting activity as determined through community 
consultations.
    (6) In association with marine activities, we may require trained 
marine mammal monitors 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 walruses.
    (d) Mitigation measures for aircraft. (1) Operators of support 
aircraft should, at all times, conduct their activities at the maximum 
distance possible from concentrations of walruses or polar bears.
    (2) Under no circumstances, other than an emergency, should aircraft 
operate at an altitude lower than 457 m (1,500 ft) within 805 m (0.5 mi) 
of walruses or polar bears observed on ice or land. Helicopters may not 
hover or circle above such areas or within 805 m (0.5 mile) of such 
areas. When weather conditions do not allow a 457-m (1,500-ft) flying 
altitude, such as during severe storms or when cloud cover is low, 
aircraft may be operated below this altitude. However, when weather 
conditions necessitate operation of aircraft at altitudes below 457 m 
(1,500 ft), the operator must avoid areas of known walrus and polar bear 
concentrations and should take precautions to avoid flying directly over 
or within 805 m (0.5 mile) of these areas.
    (3) Plan all aircraft routes to minimize any potential conflict with 
active or anticipated walrus or polar bear hunting activity as 
determined through community consultations.
    (e) Mitigation measures for sound-producing offshore activities. Any 
offshore activity expected to produce pulsed underwater sounds with 
received sound levels =160 dB re 1 [micro]Pa will be required 
to establish and monitor acoustically verified mitigation zones 
surrounding the sound source and implement adaptive mitigation measures 
as follows:
    (1) Mitigation zones. (i) A walrus monitoring zone is required where 
the received pulsed sound level would be =160

[[Page 36]]

dB re 1 [micro]Pa. Walruses in this zone are assumed to experience Level 
B take.
    (ii) A walrus mitigation zone is required where the received pulsed 
sound level would be =180 dB re 1 [micro]Pa.
    (iii) A walrus or polar bear mitigation zone is required where the 
received pulsed sound level would be =190 dB re 1 [micro]Pa.
    (2) Adaptive mitigation measures.
    (i) Ramp-up procedures. For all sound sources, including sound 
source testing, the following sound ramp-up procedures must be used to 
allow walruses and polar bears to depart the mitigation zones:
    (A) Visually monitor the =180 dB re 1 [micro]Pa and 
=190 dB re 1 [micro]Pa mitigation zones and adjacent waters 
for walruses and polar bears for at least 30 minutes before initiating 
ramp-up procedures. If no walruses or polar bears are detected, ramp-up 
procedures may begin. Do not initiate ramp-up procedures when mitigation 
zones are not observable (e.g., at night, in fog, during storms or high 
sea states, etc.).
    (B) Initiate ramp-up procedures by activating a single, or least 
powerful, sound source, in terms of energy output and/or volume 
capacity.
    (C) Continue ramp-up by gradually increasing sound output over a 
period of at least 20 minutes, but no longer than 40 minutes, until the 
desired operating level of the sound source is obtained.
    (ii) Power down. Immediately power down a sound source when:
    (A) One or more walruses is observed or detected within the area 
delineated by the pulsed sound =180 dB re 1 [micro]Pa walrus 
mitigation zone; and
    (B) One or more walruses or polar bears are observed or detected 
within the area delineated by the pulsed sound =190 dB re 1 
[micro]Pa walrus or polar bear mitigation zone.
    (iii) Shut down. (A) If the power down operation cannot reduce the 
received pulsed sound level to <180 dB re 1 [micro]Pa (walrus) or <190 
dB re 1 [micro]Pa (walrus or polar bear), the operator must immediately 
shut down the sound source.
    (B) If observations are made or credible reports are received that 
one or more walruses or polar bears within the area of the sound source 
activity are believed to be in an injured or mortal state, or are 
indicating acute distress due to received sound, the sound source must 
be immediately shut down and the Service contacted. The sound source 
will not be restarted until review and approval has been given by the 
Service. The ramp-up procedures must be followed when restarting.
    (f) Mitigation measures for the subsistence use of walruses and 
polar bears. Holders of Letters of Authorization must conduct their 
activities in a manner that, to the greatest extent practicable, 
minimizes adverse impacts on the availability of Pacific walruses and 
polar bears for subsistence uses.
    (1) Community consultation. Prior to receipt of an LOA, applicants 
must consult with potentially affected communities and appropriate 
subsistence user organizations to discuss potential conflicts with 
subsistence walrus and polar bear hunting caused by the location, 
timing, and methods of operations and support activities (see Sec.
18.124 for details). If community concerns suggest that the activities 
may have an adverse impact on the subsistence uses of these species, the 
applicant must address conflict avoidance issues through a POC as 
described in paragraph (f)(2) of this section.
    (2) Plan of Cooperation (POC). When appropriate, a holder of an LOA 
will be required to develop and implement a Service-approved POC. The 
POC must include:
    (i) A description of the procedures by which the holder of the LOA 
will work and consult with potentially affected subsistence hunters; and
    (ii) A description of specific measures that have been or will be 
taken to avoid or minimize interference with subsistence hunting of 
walruses and polar bears and to ensure continued availability of the 
species for subsistence use.
    (iii) The Service will review the POC to ensure that any potential 
adverse effects on the availability of the animals are minimized. The 
Service will reject POCs if they do not provide adequate safeguards to 
ensure the least practicable adverse impact on the availability of 
walruses and polar bears for subsistence use.
    (g) Monitoring requirements. Holders of an LOA will be required to:

[[Page 37]]

    (1) Develop and implement a site-specific, Service-approved marine 
mammal monitoring and mitigation plan to monitor and evaluate the 
effectiveness of mitigation measures and the effects of activities on 
walruses, polar bears, and the subsistence use of these species.
    (2) Provide trained, qualified, and Service-approved onsite 
observers to carry out monitoring and mitigation activities identified 
in the marine mammal monitoring and mitigation plan.
    (3) For offshore activities, provide trained, qualified, and 
Service-approved observers on board all operational and support vessels 
to carry out monitoring and mitigation activities identified in the 
marine mammal monitoring and mitigation plan. Offshore observers may be 
required to complete a marine mammal observer training course approved 
by the Service.
    (4) Cooperate with the Service and other designated Federal, State, 
and local agencies to monitor the impacts of oil and gas activities on 
walruses and polar bears. Where information is insufficient to evaluate 
the potential effects of activities on walruses, polar bears, and the 
subsistence use of these species, holders of an LOA may be required to 
participate in joint monitoring and/or research efforts to address these 
information needs and ensure the least practicable impact to these 
resources.
    (h) Reporting requirements. Holders of an LOA must report the 
results of monitoring and mitigation activities to the Service's Marine 
Mammals Management Office via email at: [email protected].
    (1) In-season monitoring reports--(i) Activity progress reports. 
Holders of an LOA must:
    (A) Notify the Service at least 48 hours prior to the onset of 
activities;
    (B) Provide the Service weekly progress reports of any significant 
changes in activities and/or locations; and
    (C) Notify the Service within 48 hours after ending of activities.
    (ii) Walrus observation reports. Holders of an LOA must report, on a 
weekly basis, all observations of walruses during any Industry activity. 
Upon request, monitoring report data must be provided in a common 
electronic format (to be specified by the Service). Information in the 
observation report must include, but is not limited to:
    (A) Date, time, and location of each walrus sighting;
    (B) Number of walruses;
    (C) Sex and age (if known);
    (D) Observer name and contact information;
    (E) Weather, visibility, sea state, and sea-ice conditions at the 
time of observation;
    (F) Estimated range at closest approach;
    (G) Industry activity at time of sighting;
    (H) Behavior of animals sighted;
    (I) Description of the encounter;
    (J) Duration of the encounter; and
    (K) Mitigation actions taken.
    (iii) Polar bear observation reports. Holders of an LOA must report, 
within 48 hours, all observations of polar bears and potential polar 
bear dens, during any Industry activity. Upon request, monitoring report 
data must be provided in a common electronic format (to be specified by 
the Service). Information in the observation report must include, but is 
not limited to:
    (A) Date, time, and location of observation;
    (B) Number of bears;
    (C) Sex and age (if known);
    (D) Observer name and contact information;
    (E) Weather, visibility, sea state, and sea-ice conditions at the 
time of observation;
    (F) Estimated closest distance of bears from personnel and 
facilities;
    (G) Industry activity at time of sighting;
    (H) Possible attractants present;
    (I) Bear behavior;
    (J) Description of the encounter;
    (K) Duration of the encounter; and
    (L) Mitigation actions taken.
    (2) Notification of LOA incident report. Holders of an LOA must 
report, as soon as possible, but within 48 hours, all LOA incidents 
during any Industry activity. An LOA incident is any situation when 
specified activities exceed the authority of an LOA, when a mitigation 
measure was required but not

[[Page 38]]

enacted, or when injury or death of a walrus or polar bear occurs. 
Reports must include:
    (i) All information specified for an observation report;
    (ii) A complete detailed description of the incident; and
    (iii) Any other actions taken.
    (3) Final report. The results of monitoring and mitigation efforts 
identified in the marine mammal monitoring and mitigation plan must be 
submitted to the Service for review within 90 days of the expiration of 
an LOA, or for production LOAs, an annual report by January 15th of each 
calendar year. Upon request, final report data must be provided in a 
common electronic format (to be specified by the Service). Information 
in the final (or annual) report must include, but is not limited to:
    (i) Copies of all observation reports submitted under the LOA;
    (ii) A summary of the observation reports;
    (iii) A summary of monitoring and mitigation efforts including 
areas, total hours, total distances, and distribution;
    (iv) Analysis of factors affecting the visibility and detectability 
of walruses and polar bears during monitoring;
    (v) Analysis of the effectiveness of mitigation measures;
    (vi) Analysis of the distribution, abundance, and behavior of 
walruses and/or polar bears observed; and
    (vii) Estimates of take in relation to the specified activities.



Sec.18.129  Information collection requirements.

    (a) We may not conduct or sponsor and a person is not required to 
respond to a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. OMB has 
approved the collection of information contained in this subpart and 
assigned OMB 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. 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 and effectiveness of mitigation 
measures conducted under the Letters of Authorization.
    (b) Comments regarding the burden estimate or any other aspect of 
this requirement must be submitted to the Information Collection 
Clearance Officer, U.S. Fish and Wildlife Service, at the address listed 
in 50 CFR 2.1.



 Subpart K_Nonlethal Taking of Marine Mammals Incidental to Oil and Gas 
                    Activities in Cook Inlet, Alaska

    Effective Date Note: At 84 FR 37745, Aug. 1, 2019, Subpart K was 
added, effective Aug. 1, 2019 through Aug. 1, 2024.



Sec.18.130  Specified activities covered by this subpart.

    Regulations in this subpart apply to the nonlethal incidental, but 
not intentional, take, as defined in 50 CFR 18.3 and under the Marine 
Mammal Protection Act (16 U.S.C. 1362), of small numbers of northern sea 
otters (Enhydra lutris kenyoni; hereafter ``otter,'' ``otters,'' or 
``sea otters'') by Hilcorp Alaska, LLC, Harvest Alaska, LLC, and the 
Alaska Gasline Development Corporation while engaged in activities 
associated with or in support of oil and gas exploration, development, 
production, and transportation in Cook Inlet, Alaska.



Sec.18.131  Specified geographic region where this subpart applies.

    (a) The specified geographic region is Cook Inlet, Alaska, south of 
a line from the Susitna River Delta to Point Possession (approximately 
61[deg]15[min]54[sec] N, 150[deg]41[min]07[sec] W, to 
61[deg]02[min]19[sec] N, 150[deg]23[min]48[sec] W, WGS 1984) and north 
of a line from Rocky Cove to Coal Cove (approximately 
59[deg]25[min]56[sec] N, 153[deg]44[min]25[sec] W and 
59[deg]23[min]48[sec] N, 151[deg]54[min]28[sec] W, WGS 1984), excluding 
Ursus Cove, Iniskin Bay, Iliamna Bay, and Tuxedni Bay.
    (b) The geographic area of this incidental take regulation (ITR) 
includes all Alaska State waters and Outer Continental Shelf Federal 
waters within this area as well as all adjacent rivers,

[[Page 39]]

estuaries, and coastal lands where sea otters may occur, except for 
those areas explicitly excluded in paragraph (a) of this section.
    (c) Map of the Cook Inlet ITR region follows:
    [GRAPHIC] [TIFF OMITTED] TR01AU19.000
    


Sec.18.132  Dates this subpart is in effect.

    Regulations in this subpart are effective from August 1, 2019, to 
August 1, 2024.



Sec.18.133  Authorized take allowed under a Letter of Authorization 
(LOA).

    (a) To incidentally take marine mammals pursuant to the regulations 
in this subpart,, Hilcorp Alaska, LLC, Harvest Alaska, LLC, or the 
Alaska Gasline Development Corporation (hereafter ``the applicant'') 
must apply for and obtain an LOA in accordance with Sec. Sec.18.27(f) 
and 18.134. The applicant is a U.S. citizen as defined in Sec.
18.27(c).
    (b) An LOA allows for the nonlethal, incidental, but not intentional 
take by harassment of sea otters during activities specified in Sec.
18.130 within the Cook Inlet ITR region described in Sec.18.131.
    (c) Each LOA will set forth:
    (1) Permissible methods of incidental take;
    (2) Means of effecting the least practicable adverse impact (i.e., 
mitigation) on the species, its habitat, and the availability of the 
species for subsistence uses; and
    (3) Requirements for monitoring and reporting.
    (d) Issuance of the LOA(s) must be based on a determination that the 
level

[[Page 40]]

of take will be consistent with the findings made for the total 
allowable take under these regulations in this subpart.



Sec.18.134  Procedure to obtain a Letter of Authorization (LOA).

    (a) The applicant must submit the request for authorization to the 
U.S. Fish and Wildlife Service (Service) Alaska Region Marine Mammals 
Management Office (MMM), MS 341, 1011 East Tudor Road, Anchorage, 
Alaska, 99503, at least 90 days prior to the start of the proposed 
activity.
    (b) The request for an LOA must comply with the requirements set 
forth in Sec. Sec.18.137 through 18.139 and must include the following 
information:
    (1) A plan of operations that describes in detail the proposed 
activity (type of project, methods, and types and numbers of equipment 
and personnel, etc.), the dates and duration of the activity, and the 
specific locations of and areas affected by the activity. Changes to the 
proposed project without prior authorization may invalidate an LOA.
    (2) A site-specific marine mammal monitoring and mitigation plan to 
monitor and mitigate the effects of the activity on sea otters.
    (3) An assessment of potential effects of the proposed activity on 
subsistence hunting of sea otters.
    (i) The applicant must communicate with potentially affected 
subsistence communities along the Cook Inlet coast and appropriate 
subsistence user organizations to discuss the location, timing, and 
methods of proposed activities and identify any potential conflicts with 
subsistence hunting activities.
    (ii) The applicant must specifically inquire of relevant communities 
and organizations if the proposed activity will interfere with the 
availability of sea otters for the subsistence use of those groups.
    (iii) The applicant must include documentation of consultations with 
potentially affected user groups. Documentation must include a list of 
persons contacted, a summary of input received, any concerns identified 
by community members and hunter organizations, and the applicant's 
responses to identified concerns.
    (iv) If any concerns regarding effects of the activity on sea otter 
subsistence harvest are identified, the applicant will provide to the 
Service a Plan of Cooperation (POC) with specific steps for addressing 
those concerns, including a schedule for ongoing community engagement 
and suggested measures that will be implemented to mitigate any 
potential conflicts with subsistence hunting.



Sec.18.135  How the Service will evaluate a request for a Letter 
of Authorization (LOA).

    (a) The Service will evaluate each request for an LOA to determine 
if the proposed activity is consistent with the analysis and findings 
made for these regulations. Depending on the results of the evaluation, 
we may grant the authorization, add further conditions, or deny the 
authorization.
    (b) Once issued, the Service may withdraw or suspend an LOA if the 
project activity is modified in a way that undermines the results of the 
previous evaluation, if the conditions of the regulations in this 
subpart are not being substantially complied with, or if the taking 
allowed is or may be having more than a negligible impact on the 
affected stock of sea otters or an unmitigable adverse impact on the 
availability of sea otters for subsistence uses.
    (c) The Service will make decisions concerning withdrawals of an 
LOA, either on an individual or class basis, only after notice and 
opportunity for public comment in accordance with Sec.18.27(f)(5). The 
requirement for notice and public comment will not apply should we 
determine that an emergency exists that poses a significant risk to the 
well-being of the species or stocks of sea otters.



Sec.18.136  Prohibited take under a Letter of Authorization (LOA).

    (a) Except as otherwise provided in this subpart, prohibited taking 
is described in Sec.18.11 as well as: Intentional take, lethal 
incidental take of sea otters, and any take that fails to comply with 
this subpart or with the terms and conditions of an LOA.

[[Page 41]]

    (b) If project activities cause unauthorized take, the applicant 
must take the following actions:
    (1) Cease activities immediately (or reduce activities to the 
minimum level necessary to maintain safety) and report the details of 
the incident to the Service MMM within 48 hours; and
    (2) Suspend further activities until the Service has reviewed the 
circumstances, determined whether additional mitigation measures are 
necessary to avoid further unauthorized taking, and notified the 
applicant that it may resume project activities.



Sec.18.137  Mitigation.

    (a) Mitigation measures for all LOAs. The applicant, including all 
personnel operating under the applicant's authority (or ``operators,'' 
including contractors, subcontractors, and representatives) must 
undertake the following activities to avoid and minimize take of sea 
otters by harassment.
    (1) Implement policies and procedures to avoid interactions with and 
minimize to the greatest extent practicable adverse impacts on sea 
otters, their habitat, and the availability of these marine mammals for 
subsistence uses.
    (2) Develop avoidance and minimization policies and procedures, in 
cooperation with the Service, that include temporal or spatial activity 
restrictions to be used in response to the presence of sea otters 
engaged in a biologically significant activity (e.g., resting, feeding, 
hauling out, mating, or nursing).
    (3) Cooperate with the Service's MMM Office and other designated 
Federal, State, and local agencies to monitor and mitigate the impacts 
of oil and gas industry activities on sea otters.
    (4) Allow Service personnel or the Service's designated 
representative to board project vessels or visit project work sites for 
the purpose of monitoring impacts to sea otters and subsistence uses of 
sea otters at any time throughout project activities so long as it is 
safe to do so.
    (5) Designate trained and qualified protected species observers 
(PSOs) to monitor for the presence of sea otters, initiate mitigation 
measures, and monitor, record, and report the effects of the activities 
on sea otters. The applicant is responsible for providing training to 
PSOs to carry out mitigation and monitoring.
    (6) Have an approved mitigation and monitoring plan on file with the 
Service MMM and onsite that includes the following information:
    (i) The type of activity and where and when the activity will occur 
(i.e., a summary of the plan of operation);
    (ii) Personnel training policies, procedures, and materials;
    (iii) Site-specific sea otter interaction risk evaluation and 
mitigation measures;
    (iv) Sea otter avoidance and encounter procedures; and
    (v) Sea otter observation and reporting procedures.
    (7) Contact affected subsistence communities and hunter 
organizations to identify any potential conflicts that may be caused by 
the proposed activities and provide the Service documentation of 
communications as described in Sec.18.134.
    (b) Mitigation measures for in-water noise-generating work. The 
applicant must carry out the following measures:
    (1) Mitigation zones. Establish mitigation zones for project 
activities that generate underwater sound levels =160 
decibels (dB) between 125 hertz (Hz) and 38 kilohertz (kHz) (hereafter 
``noise-generating work'').
    (i) All dB levels are referenced to 1 [micro]Pa for underwater 
sound. All dB levels herein are dBRMS unless otherwise noted; 
dBRMS refers to the root-mean-squared dB level, the square 
root of the average of the squared sound pressure level, typically 
measured over 1 second.
    (ii) Mitigation zones must include all in-water areas where work-
related sound received by sea otters will match the levels and 
frequencies in paragraph (b)(1) of this section. Mitigation zones will 
be designated as follows:
    (A) An Exclusion Zone (EZ) will be established throughout all areas 
where sea otters may be exposed to sound levels capable of causing Level 
A take as shown in the table in paragraph (b)(1)(iii) of this section.
    (B) The Safety Zone (SZ) is an area larger than the EZ and will 
include all

[[Page 42]]

areas within which sea otters may be exposed to noise levels that will 
likely result in Level B take as shown in the table in paragraph 
(b)(1)(iii) of this section.
    (C) Both the EZ and SZ will be centered on the sound source. The 
method of estimation and minimum radius of each zone will be specified 
in any LOA issued under Sec.18.135 and will be based on onsite sound 
source verification (SSV), if available, or the best available science.
    (D) Onsite SSV testing will be conducted prior to two-dimensional 
(2D) and three-dimensional (3D) seismic surveys.
    (E) Seismic surveys (2D and 3D) must be conducted using equipment 
that generates the lowest practicable levels of underwater sound within 
the range of frequencies audible to sea otters.
    (iii) Summary of acoustic exposure thresholds for take of sea otters 
from underwater sound in the frequency range 125 Hz-38 kHz:

                                       Table 1 to Sec. 18.137(b)(1)(iii)
----------------------------------------------------------------------------------------------------------------
                                       Injury (Level A) threshold \1\          Disturbance (Level B) threshold
         Marine mammals          -------------------------------------------------------------------------------
                                       Impulsive          Non-impulsive                      All
----------------------------------------------------------------------------------------------------------------
Sea otters......................  232 dB peak; 203 dB  219 dB SELCUM......  160 dBRMS.
                                   SELCUM.
----------------------------------------------------------------------------------------------------------------
\1\ Based on acoustic criteria for otariid pinnipeds from the National Marine Fisheries Service. Sound source
  types are separated into impulsive (e.g., seismic, pipe driving, sub-bottom profiler) and non-impulsive
  (drilling, water jet) and require estimation of the distance to the peak received sound pressure level (peak)
  and 24-hr cumulative sound exposure level (SELCUM).

    (2) Monitoring. Designate trained and qualified PSOs or 
``observers'' to monitor for the presence of sea otters in mitigation 
zones, initiate mitigation measures, and record and report the effects 
of project work on otters for all noise-generating work.
    (3) Mitigation measures for sea otters in mitigation zones. The 
following actions will be taken in response to otters in mitigation 
zones:
    (i) Sea otters that are under no visible distress within the SZ must 
be monitored continuously. Power down, shut down, or maneuver away from 
the sea otter if practicable to reduce sound received by the animal. 
Maintain 100-m (301-ft) separation distance whenever possible. Exposures 
in this zone are counted as one Level B take per animal per day.
    (ii) When sea otters are observed within or approaching the EZ, 
noise-generating work as defined in paragraph (b)(1) of this section 
must be immediately shut down or powered down to reduce the size of the 
zone sufficiently to exclude the animal from the zone. Vessel speed or 
course may be altered to achieve the same task. Exposures in this zone 
are counted as one Level A take per animal per day.
    (iii) When sea otters are observed in visible distress (for example, 
vocalizing, repeatedly spy-hopping, or fleeing), noise-generating work 
as defined in paragraph (b)(1) of this section must be immediately shut 
down or powered down to reduce the size of the zone sufficiently to 
exclude the animal from the zone.
    (iv) Following a shutdown, the noise-generating activity will not 
resume until the sea otter has cleared the EZ. The animal will be 
considered to have cleared the EZ if it is visually observed to have 
left the EZ or has not been seen within the EZ for 30 minutes or longer.
    (4) Ramp-up procedures. Prior to noise-generating work, a ``ramp-
up'' procedure must be used to increase the levels of underwater sound 
from noise-generating work at a gradual rate.
    (i) Seismic surveys: A ramp-up will be used at the initial start of 
airgun operations and prior to restarting after any period greater than 
10 minutes without airgun operations, including a power-down or shutdown 
event (described in paragraphs (b)(6) and (7) of this section). During 
geophysical work, the number and total volume of airguns will be 
increased incrementally until the full volume is achieved. The rate of 
ramp-up will be no more than 6 dB per 5-minute period. Ramp-up will 
begin with the smallest gun in the array that is being used for all 
airgun array configurations. During the ramp-up, the

[[Page 43]]

applicable mitigation zones (based on type of airgun and sound levels 
produced) must be maintained. It will not be permissible to ramp up the 
full array from a complete shutdown in thick fog or at other times when 
the outer part of the EZ is not visible. Ramp-up of the airguns will not 
be initiated if a sea otter is sighted within the EZ at any time.
    (ii) Pile/pipe driving: A ramp-up of the hammering will precede each 
day's pipe/pile driving activities or if pipe/pile driving has ceased 
for more than 1 hour. The EZ will be determined clear of sea otters 30 
minutes prior to a ramp-up to ensure no sea otters are within or 
entering the EZ. Initial hammering starts will not begin during periods 
of poor visibility (e.g., night, fog, wind) when the entire EZ is not 
visible. The ramp-up procedure for impact hammers involves initially 
starting with three soft strikes at 40 percent energy, followed by a 1-
minute waiting period followed by two subsequent three-strike sets. For 
vibratory hammers, initial noise generation will be limited to 15 
seconds at a reduced energy level, followed by a 1-minute waiting 
period. This cycle will be repeated two additional times. Monitoring 
will occur during all hammering sessions.
    (iii) All activities: Any shutdown due to sea otters sighted within 
the EZ must be followed by a 30-minute all-clear period and then a 
standard full ramp-up. Any shutdown for other reasons resulting in the 
cessation of the sound source for a period greater than 30 minutes must 
also be followed by full ramp-up procedures. If otters are observed 
during a ramp-up effort or prior to startup, a PSO must record the 
observation and monitor the animal's position until it moves out of 
visual range. Noise-generating work may commence if, after a full and 
gradual effort to ramp up the underwater sound level, the otter is 
outside of the EZ and does not show signs of visible distress (for 
example, vocalizing, repeatedly spy-hopping, or fleeing).
    (5) Startup procedures. (i) Visual monitoring must begin at least 30 
minutes prior to, and continue throughout, ramp-up efforts.
    (ii) Visual monitoring must continue during all noise-generating 
work occurring in daylight hours.
    (6) Power-down procedures. A power-down procedure involves reducing 
the volume of underwater sound generated to prevent an otter from 
entering the EZ.
    (i) Whenever a sea otter is detected outside the EZ and, based on 
its position and motion relative to the noise-generating work, appears 
likely to enter the EZ but has not yet done so, operators may reduce 
power to noise-generating equipment as an alternative to a shutdown.
    (ii) Whenever a sea otter is detected in the SZ, an operator may 
power down when practicable to reduce Level B take.
    (iii) During a power-down of seismic work, the number of airguns in 
use may be reduced, such that the EZ is reduced, making the sea otters 
unlikely to enter the EZ. A mitigation airgun (airgun of small volume 
such as the 10-in\3\ gun) will be operated continuously during a power-
down of seismic work.
    (iv) After a power-down, noise-generating work will not resume until 
the sea otter has cleared the applicable EZ. The animal will be 
considered to have cleared the applicable zone if it is visually 
observed to have left the EZ and has not been seen within the zone for 
30 minutes.
    (7) Shutdown procedure. A shutdown occurs when all noise-generating 
work is suspended.
    (i) Noise-generating work will be shut down completely if a sea 
otter enters the EZ.
    (ii) The shutdown procedure will be accomplished within several 
seconds of the determination that a sea otter is either in or about to 
enter the EZ or as soon as practicable considering worker safety and 
equipment integrity.
    (iii) Noise-generating work will not proceed until all sea otters 
have cleared the EZ and the PSOs on duty are confident that no sea 
otters remain within the EZ. An otter will be considered to have cleared 
the EZ if it is visually observed to have left the EZ or has not been 
seen within the zone for 30 minutes.
    (iv) Visual monitoring must continue for 30 minutes after use of the 
acoustic

[[Page 44]]

source ceases or the sun sets, whichever is later.
    (8) Emergency shutdown. If observations are made or credible reports 
are received that one or more sea otters are within the area of noise-
generating work and are indicating acute distress associated with the 
work, such as any injury due to seismic noise or persistent 
vocalizations indicating separation of mother from pup, the work will be 
immediately shut down and the Service contacted. Work will not be 
restarted until review and approval by the Service.
    (9) To ensure the proposed activities remain consistent with the 
estimated take of sea otters, operators may not conduct 3D seismic 
surveys where doing so will generate underwater noise levels that are 
likely to exceed acoustic exposure thresholds within areas of estimated 
sea otter densities greater than 0.026 otters per km. Maps of the areas 
will be provided to 3D seismic operators and may be adjusted based on 
SSV results. This does not apply to 2D seismic surveys.
    (c) Mitigation for all in-water construction and demolition 
activity. (1) The applicant must implement a minimum EZ of a 10-m radius 
around the in-water construction and demolition. If a sea otter comes 
within or approaches the EZ, such operations must cease. A larger EZ may 
be required for some activities, such as blasting, and will be specified 
in the LOA.
    (2) All work in intertidal areas shall be conducted during low tide 
when the site is dewatered to the maximum extent practicable.
    (3) The applicant must evaluate alternatives to pile-supported 
facilities. If no practicable alternative exists, the applicant must 
then evaluate the use of sound-attenuation devices such as pile caps and 
cushions, bubble curtains, and dewatered cofferdams during construction. 
The Service may require sound-attenuation devices or alternatives to 
pile-supported designs.
    (d) Measures for vessel-based activities. (1) Vessel operators must 
take every precaution to avoid harassment of sea otters when a vessel is 
operating near these animals.
    (2) Vessels must remain at least 500 m from rafts of otters unless 
safety is a factor.
    (3) Vessels must reduce speed and maintain a distance of 100 m (328 
ft) from all sea otters unless safety is a factor.
    (4) Vessels must not be operated in such a way as to separate 
members of a group of sea otters from other members of the group.
    (5) When weather conditions require, such as when visibility drops, 
vessels must adjust speed accordingly to avoid the likelihood of injury 
to sea otters.
    (6) Vessels in transit and support vessels must use established 
navigation channels or commonly recognized vessel traffic corridors, and 
must avoid alongshore travel in shallow water (<20 m) whenever 
practicable.
    (7) All vessels must avoid areas of active or anticipated 
subsistence hunting for sea otters as determined through community 
consultations.
    (8) Vessel operators must be provided written guidance for avoiding 
collisions and minimizing disturbances to sea otters. Guidance will 
include measures identified in paragraphs (d)(1) through (7) of this 
section.
    (e) Mitigation measures for aircraft activities. (1) Aircraft must 
maintain a minimum altitude of 305 m (1,000 ft) to avoid unnecessary 
harassment of sea otters, except during takeoff and landing, and when a 
lower flight altitude is necessary for safety due to weather or 
restricted visibility.
    (2) Aircraft must not be operated in such a way as to separate 
members of a group of sea otters from other members of the group.
    (3) All aircraft must avoid areas of active or anticipated 
subsistence hunting for sea otters as determined through community 
consultations.
    (4) Unmanned aerial systems or drones must not cause take by 
harassment of sea otters. Measures for avoidance of take may be required 
in an LOA, and may include maintaining a minimum altitude and horizontal 
distance no less than 100 m away from otters, conducting continuous 
visual monitoring by PSOs, and ceasing activities in response to sea 
otter behaviors indicating any reaction to drones.

[[Page 45]]



Sec.18.138  Monitoring.

    (a) Operators shall work with PSOs to apply mitigation measures, and 
shall recognize the authority of PSOs, up to and including stopping 
work, except where doing so poses a significant safety risk to 
personnel.
    (b) Duties of PSOs include watching for and identifying sea otters, 
recording observation details, documenting presence in any applicable 
monitoring zone, identifying and documenting potential harassment, and 
working with operators to implement all appropriate mitigation measures.
    (c) A sufficient number of PSOs will be available to meet the 
following criteria: 100 percent monitoring of EZs during all daytime 
periods of underwater noise-generating work; a maximum of 4 consecutive 
hours on watch per PSO; a maximum of approximately 12 hours on watch per 
day per PSO.
    (d) All PSOs will complete a training course designed to familiarize 
individuals with monitoring and data collection procedures. A field crew 
leader with prior experience as a sea otter observer will supervise the 
PSO team. Initially, new or inexperienced PSOs will be paired with 
experienced PSOs so that the quality of marine mammal observations and 
data recording is kept consistent. Resumes for candidate PSOs will be 
made available for the Service to review.
    (e) Observers will be provided with reticule binoculars (10x42), 
big-eye binoculars or spotting scopes (30x), inclinometers, and range 
finders. Field guides, instructional handbooks, maps and a contact list 
will also be made available.
    (f) Observers will collect data using the following procedures:
    (1) All data will be recorded onto a field form or database.
    (2) Global positioning system data, sea state, wind force, and 
weather will be collected at the beginning and end of a monitoring 
period, every hour in between, at the change of an observer, and upon 
sightings of sea otters.
    (3) Observation records of sea otters will include date; time; the 
observer's locations, heading, and speed (if moving); weather; 
visibility; number of animals; group size and composition (adults/
juveniles); and the location of the animals (or distance and direction 
from the observer).
    (4) Observation records will also include initial behaviors of the 
sea otters, descriptions of project activities and underwater sound 
levels being generated, the position of sea otters relative to 
applicable monitoring and mitigation zones, any mitigation measures 
applied, and any apparent reactions to the project activities before and 
after mitigation.
    (5) For all otters in or near a mitigation zone, observers will 
record the distance from the vessel to the sea otter upon initial 
observation, the duration of the encounter, and the distance at last 
observation in order to monitor cumulative sound exposures.
    (6) Observers will note any instances of animals lingering close to 
or traveling with vessels for prolonged periods of time.



Sec.18.139  Reporting requirements.

    (a) Operators must notify the Service at least 48 hours prior to 
commencement of activities.
    (b) Weekly reports will be submitted to the Service during in-water 
seismic activities. The reports will summarize project activities, 
monitoring efforts conducted by PSOs, the number of sea otters detected, 
the number exposed to sound levels greater than 160 dB, SSV results, and 
descriptions of all behavioral reactions of sea otters to project 
activities.
    (c) Monthly reports will be submitted to the Service MMM for all 
months during which noise-generating work takes place. The monthly 
report will contain and summarize the following information: Dates, 
times, weather, and sea conditions (including Cook Inlet marine state 
and wind force) when sea otters were sighted; the number, location, 
distance from the sound source, and behavior of the otters; the 
associated project activities; and a description of the implementation 
and effectiveness of mitigation measures with a discussion of any 
specific behaviors the otters exhibited in response to mitigation.
    (d) A final report will be submitted to the Service within 90 days 
after the expiration of each LOA. It will include the following items:

[[Page 46]]

    (1) Summary of monitoring efforts (hours of monitoring, activities 
monitored, number of PSOs, and, if requested by the Service, the daily 
monitoring logs).
    (2) All project activities will be described, along with any 
additional work yet to be done. Factors influencing visibility and 
detectability of marine mammals (e.g., sea state, number of observers, 
and fog and glare) will be discussed.
    (3) The report will also address factors affecting the presence and 
distribution of sea otters (e.g., weather, sea state, and project 
activities). An estimate will be included of the number of sea otters 
exposed to noise at received levels greater than or equal to 160 dB 
(based on visual observation).
    (4) The report will describe changes in sea otter behavior resulting 
from project activities and any specific behaviors of interest.
    (5) It will provide a discussion of the mitigation measures 
implemented during project activities and their observed effectiveness 
for minimizing impacts to sea otters. Sea otter observation records will 
be provided to the Service in the form of electronic database or 
spreadsheet files.
    (6) The report will also evaluate the effectiveness of the POC (if 
applicable) for preventing impacts to subsistence users of sea otters, 
and it will assess any effects the operations may have had on the 
availability of sea otters for subsistence harvest.
    (e) All reports shall be submitted by email to 
[email protected].
    (f) Injured, dead, or distressed sea otters that are not associated 
with project activities (e.g., animals known to be from outside the 
project area, previously wounded animals, or carcasses with moderate to 
advanced decomposition or scavenger damage) must be reported to the 
Service within 24 hours of the discovery to either the Service MMM (1-
800-362-5148, business hours); or the Alaska SeaLife Center in Seward 
(1-888-774-7325, 24 hours a day); or both. Photographs, video, location 
information, or any other available documentation shall be provided to 
the Service.
    (g) Operators must notify the Service upon project completion or end 
of the work season.



Sec.18.140  Measures to reduce impacts to subsistence users.

    (a) Prior to conducting the work, the applicant will take the 
following steps to reduce potential effects on subsistence harvest of 
sea otters:
    (1) Avoid work in areas of known sea otter subsistence harvest;
    (2) Discuss the planned activities with subsistence stakeholders 
including Cook Inlet villages, traditional councils, and the Cook Inlet 
Regional Citizens Advisory Council;
    (3) Identify and work to resolve concerns of stakeholders regarding 
the project's effects on subsistence hunting of sea otters; and
    (b) If any unresolved or ongoing concerns remain, develop a POC in 
consultation with the Service and subsistence stakeholders to address 
these concerns. The POC must include a schedule for ongoing community 
engagement and specific measures for mitigating any potential conflicts 
with subsistence hunting.



Sec.18.141  Information collection requirements.

    (a) We may not conduct or sponsor, and a person is not required to 
respond to, a collection of information unless it displays a currently 
valid Office of Management and Budget (OMB) control number. OMB has 
approved the collection of information contained in this subpart and 
assigned OMB control number 1018-0070. The applicant must respond to 
this information collection request to obtain a benefit pursuant to 
section 101(a)(5) of the Marine Mammal Protection Act. We will use the 
information to:
    (1) Evaluate the application and determine whether or not to issue 
specific LOAs; and
    (2) Monitor impacts of activities and effectiveness of mitigation 
measures conducted under the LOAs.
    (b) Comments regarding the burden estimate or any other aspect of 
this requirement must be submitted to the Information Collection 
Clearance Officer, U.S. Fish and Wildlife Service, at the address listed 
in 50 CFR part 2.1.

[[Page 47]]



PART 19_AIRBORNE HUNTING--Table of Contents



                         Subpart A_Introduction

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

                         Subpart B_Prohibitions

19.11 General prohibitions.
19.12 Exceptions to general prohibitions.

                        Subpart C_Federal Permits

19.21 Limitation on Federal permits.

         Subpart D_State Permits and Annual Report Requirements

19.31 State permits.
19.32 Annual reporting requirements.

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

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



                         Subpart A_Introduction



Sec.19.1  Purpose of regulations.

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



Sec.19.2  Scope of regulations.

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



Sec.19.3  Relation to other laws.

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



Sec.19.4  Definitions.

    In addition to definitions contained in part 10 of this subchapter, 
and unless the context otherwise requires, in this part 19:
    Harass means to disturb, worry, molest, rally, concentrate, harry, 
chase, drive, herd or torment.



                         Subpart B_Prohibitions



Sec.19.11  General prohibitions.

    (a) Except as otherwise authorized by the Fish and Wildlife Act of 
1956 as amended, no person shall:
    (1) While airborne in any aircraft shoot or attempt to shoot for the 
purpose of capturing or killing any wildlife;
    (2) Use an aircraft to harass any wildlife; or
    (3) Knowingly participate in using an aircraft whether in the 
aircraft or on the ground for any purpose referred to in paragraph (a) 
(1) or (2) of this section.
    (b) The acts prohibited in this section include, but are not limited 
to, any person who:
    (1) Pilots or assists in the operation of an aircraft from which 
another person shoots or shoots at wildlife while airborne, or
    (2) While on the ground takes or attempts to take any wildlife by 
means, aid, or use of an aircraft.

[[Page 48]]



Sec.19.12  Exceptions to general prohibitions.

    The prohibitions of the preceding section shall not apply to any 
person who:
    (1) Is acting within the scope of his official duties as an employee 
or authorized agent of a State or the United States to administer or 
protect or aid in the administration or protection of land, water, 
wildlife, livestock, domesticated animals, human life or crops; or
    (2) Is acting within the limitations of a permit referred to in 
Sec.19.21 or Sec.19.31 of this part.



                        Subpart C_Federal Permits



Sec.19.21  Limitation on Federal permits.

    No Federal permits will be issued to authorize any person to hunt, 
shoot, or harass any wildlife from an aircraft, except for Federal 
permits to scare or herd migratory birds referred to in Sec.21.41 of 
this subchapter.



         Subpart D_State Permits and Annual Report Requirements



Sec.19.31  State permits.

    (a) Except as provided in Sec.19.3, States may issue permits to 
persons to engage in airborne hunting or harassing of wildlife for 
purposes of administering or protecting land, water, wildlife, 
livestock, domestic animals, human life or crops. States may not issue 
permits for the purpose of sport hunting.
    (b) Upon issuance of a permit by a State to a person pursuant to 
this section, the issuing authority will provide immediate notification 
to the Special Agent in Charge having jurisdiction according to Sec.
10.22.



Sec.19.32  Annual reporting requirements.

    (a) Any State issuing permits to persons to engage in airborne 
hunting or harassing of wildlife or any State whose employees or agents 
participate in airborne hunting or harassing of wildlife for purposes of 
administering or protecting land, water, wildlife, livestock, domestic 
animals, human life or crops, shall file with the Director, an annual 
report on or before July 1 for the preceding calendar year ending 
December 31.
    (b) The annual report required by this section shall contain the 
following information as to each such permit issued:
    (1) The name and address of each person to whom a permit was issued.
    (2) Permit number and inclusive dates during which permit was valid.
    (3) The aircraft number of the aircraft used and the location where 
such aircraft was based.
    (4) Common name and number of the wildlife for which authorization 
to take was given and a description of the area from which the wildlife 
were authorized to be taken.
    (5) The purpose for which the permit was issued, specifically 
identifying whether the permit was issued to protect land, water, 
wildlife, livestock, domestic animals, crops, or human life.
    (6) The common name and number of wildlife taken by permittees and 
State employees or agents.
    (c) A compilation of all annual reports required by this section 
shall be made by the Director and furnished to any State filing such 
annual report.



PART 20_MIGRATORY BIRD HUNTING--Table of Contents



                         Subpart A_Introduction

Sec.
20.1 Scope of regulations.
20.2 Relation to other provisions.

                          Subpart B_Definitions

20.11 What terms do I need to understand?

                            Subpart C_Taking

20.20 Migratory Bird Harvest Information Program.
20.21 What hunting methods are illegal?
20.22 Closed seasons.
20.23 Shooting hours.
20.24 Daily limit.
20.25 Wanton waste of migratory game birds.
20.26 Emergency closures.

                          Subpart D_Possession

20.31 Prohibited if taken in violation of subpart C.
20.32 During closed season.
20.33 Possession limit.
20.34 Opening day of a season.
20.35 Field possession limit.
20.36 Tagging requirement.

[[Page 49]]

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 Approval of nontoxic shot types and shot coatings.

Subpart M [Reserved]

 Subpart N_Special Procedures for Issuance of Annual Hunting Regulations

20.151 Purpose and scope.
20.152 Definitions.
20.153 Regulations committee.
20.154 Flyway Councils.
20.155 Public file.

    Authority: 16 U.S.C. 703 et seq., and 16 U.S.C. 742a-j.

    Source: 38 FR 22021, Aug. 15, 1973, unless otherwise noted.



                         Subpart A_Introduction



Sec.20.1  Scope of regulations.

    (a) In general. The regulations contained in this part relate only 
to the hunting of migratory game birds, and crows.
    (b) Procedural and substantive requirements. Migratory game birds 
may be taken, possessed, transported, shipped, exported, or imported 
only in accordance with the restrictions, conditions, and requirements 
contained in this part. Crows may be taken, possessed, transported, 
exported, or imported only in accordance with subpart H of this part and 
the restrictions, conditions, and requirements prescribed in Sec.
20.133.



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

[[Page 50]]

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.
    (2) Daily bag limit means the maximum number of migratory game birds 
of single species or combination (aggregate) of species permitted to be 
taken by one person in any one day during the open season in any one 
specified geographic area for which a daily bag limit is prescribed.
    (3) Aggregate daily bag limit means the maximum number of migratory 
game birds permitted to be taken by one person in any one day during the 
open season when such person hunts in more than one specified geographic 
area and/or for more than one species for which a combined daily bag 
limit is prescribed. The aggregate daily bag limit is equal to, but 
shall not exceed, the largest daily bag limit prescribed for any one 
species or for any one specified geographic area in which taking occurs.
    (4) Possession limit means the maximum number of migratory game 
birds of a single species or a combination of species permitted to be 
possessed by any one person when lawfully taken in the United States in 
any one specified geographic area for which a possession limit is 
prescribed.
    (5) Aggregate possession limit means the maximum number of migratory 
game birds of a single species or combination of species taken in the 
United States permitted to be possessed by

[[Page 51]]

any one person when taking and possession occurs in more than one 
specified geographic area for which a possession limit is prescribed. 
The aggegate possession limit is equal to, but shall not exceed, the 
largest possession limit prescribed for any one of the species or 
specified geographic areas in which taking and possession occurs.
    (d) Personal abode means one's principal or ordinary home or 
dwelling place, as distinguished from one's temporary or transient place 
of abode or dwelling such as a hunting club, or any club house, cabin, 
tent or trailer house used as a hunting club, or any hotel, motel or 
rooming house used during a hunting, pleasure or business trip.
    (e) Migratory bird preservation facility means:
    (1) Any person who, at their residence or place of business and for 
hire or other consideration; or
    (2) Any taxidermist, cold-storage facility or locker plant which, 
for hire or other consideration; or
    (3) Any hunting club which, in the normal course of operations; 
receives, possesses, or has in custody any migratory game birds 
belonging to another person for purposes of picking, cleaning, freezing, 
processing, storage or shipment.
    (f) Paraplegic means an individual afflicted with paralysis of the 
lower half of the body with involvement of both legs, usually due to 
disease of or injury to the spinal cord.
    (g) Normal agricultural planting, harvesting, or post-harvest 
manipulation means a planting or harvesting undertaken for the purpose 
of producing and gathering a crop, or manipulation after such harvest 
and removal of grain, that is conducted in accordance with official 
recommendations of State Extension Specialists of the Cooperative 
Extension Service of the U.S. Department of Agriculture.
    (h) Normal agricultural operation means a normal agricultural 
planting, harvesting, post-harvest manipulation, or agricultural 
practice, that is conducted in accordance with official recommendations 
of State Extension Specialists of the Cooperative Extension Service of 
the U.S. Department of Agriculture.
    (i) Normal soil stabilization practice means a planting for 
agricultural soil erosion control or post-mining land reclamation 
conducted in accordance with official recommendations of State Extension 
Specialists of the Cooperative Extension Service of the U.S. Department 
of Agriculture for agricultural soil erosion control.
    (j) Baited area means any area on which salt, grain, or other feed 
has been placed, exposed, deposited, distributed, or scattered, if that 
salt, grain, or other feed could serve as a lure or attraction for 
migratory game birds to, on, or over areas where hunters are attempting 
to take them. Any such area will remain a baited area for ten days 
following the complete removal of all such salt, grain, or other feed.
    (k) Baiting means the direct or indirect placing, exposing, 
depositing, distributing, or scattering of salt, grain, or other feed 
that could serve as a lure or attraction for migratory game birds to, 
on, or over any areas where hunters are attempting to take them.
    (l) Manipulation means the alteration of natural vegetation or 
agricultural crops by activities that include but are not limited to 
mowing, shredding, discing, rolling, chopping, trampling, flattening, 
burning, or herbicide treatments. The term manipulation does not include 
the distributing or scattering of grain, seed, or other feed after 
removal from or storage on the field where grown.
    (m) Rice ratooning means the agricultural practice of harvesting 
rice by cutting the majority of the aboveground portion of the rice 
plant but leaving the roots and growing shoot apices intact to allow the 
plant to recover and produce a second crop yield.
    (n) Post-disaster flooding means the destruction of a crop through 
flooding in accordance with practices required by the Federal Crop 
Insurance Corporation for agricultural producers to obtain crop 
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) 
on land on which a crop was not harvestable due to a natural disaster 
(including any hurricane, storm, tornado, flood, high water, wind-driven 
water, tidal wave, tsunami, earthquake, volcanic eruption, landslide,

[[Page 52]]

mudslide, drought, fire, snowstorm, or other catastrophe that is 
declared a major disaster by the President in accordance with section 
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170)) in the crop year--
    (1) In which the natural disaster occurred; or
    (2) Immediately preceding the crop year in which the natural 
disaster occurred.
    (o) 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.
    (p) Resident Canada geese means Canada geese that nest within the 
lower 48 States and the District of Columbia or that 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; 84 FR 28773, June 
20, 2019; 84 FR 38885, Aug. 8, 2019]



                            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's 
Information Collection Clearance Officer at the address provided at 50 
CFR 2.1(b).
    (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; 79 FR 43965, July 29, 2014]



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:

[[Page 53]]

    (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.
    (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, when approved 
in the annual regulatory schedule in subpart K of this part; 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.
    (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, when approved 
in the annual regulatory schedule in subpart K of this part; and
    (ii) During the period of September 16 to September 30, when 
approved in the

[[Page 54]]

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, rice ratooning, post-disaster flooding, 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)(1) While possessing loose shot for muzzle loading or shotshells 
containing other than the following approved shot types.

------------------------------------------------------------------------
                                Percent composition by    Field testing
      Approved shot type*               weight              device**
------------------------------------------------------------------------
Bismuth-tin...................  97 bismuth, and 3 tin.  Hot
                                                         Shot[supreg]***
Iron (steel)..................  iron and carbon.......  Magnet or Hot
                                                         Shot[supreg].
Iron-tungsten.................  any proportion of       Magnet or Hot
                                 tungsten, and =1 iron.
Iron-tungsten-nickel..........  =1 iron,     Magnet or Hot
                                 any proportion of       Shot[supreg].
                                 tungsten, and up to
                                 40 nickel.
Copper-clad iron..............  84 to 56.59 iron core,  Magnet or Hot
                                 with copper cladding    Shot[supreg]
                                 up to 44.1 of the
                                 shot mass.
Corrosion-inhibited copper....  =99.9        Ultraviolet
                                 copper with             Light.
                                 benzotriazole and
                                 thermoplastic
                                 fluorescent powder
                                 coatings.
Tungsten-bronze...............  51.1 tungsten, 44.4     Rare Earth
                                 copper, 3.9 tin, and    Magnet.
                                 0.6 iron, or 60
                                 tungsten, 35.1
                                 copper, 3.9 tin, and
                                 1 iron.
Tungsten-iron-copper-nickel...  40-76 tungsten, 10-37   Hot Shot[supreg]
                                 iron, 9-16 copper,      or Rare Earth
                                 and 5-7 nickel.         Magnet.
Tungsten-matrix...............  95.9 tungsten, 4.1      Hot
                                 polymer.                Shot[supreg].
Tungsten-polymer..............  95.5 tungsten, 4.5      Hot
                                 Nylon 6 or 11.          Shot[supreg].
Tungsten-tin-iron.............  any proportions of      Magnet or Hot
                                 tungsten and tin, and   Shot[supreg].
                                 =1 iron.
Tungsten-tin-bismuth..........  any proportions of      Rare Earth
                                 tungsten, tin, and      Magnet.
                                 bismuth.
Tungsten-tin-iron-nickel......  65 tungsten, 21.8 tin,  Magnet.
                                 10.4 iron, and 2.8
                                 nickel.
Tungsten-iron-polymer.........  41.5-95.2 tungsten,     Rare Earth
                                 1.5-52.0 iron, and      Magnet or Hot
                                 3.5-8.0 fluoropolymer.  Shot[supreg].
------------------------------------------------------------------------
* Coatings of copper, nickel, tin, zinc, zinc chloride, zinc chrome,
  fluoropolymers, and fluorescent thermoplastic 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 55]]

    (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; 73 FR 65277, Nov. 3, 2008; 73 FR 
70914, Nov. 24, 2008; 74 FR 53671, Oct. 20, 2009; 74 FR 57615, Nov. 9, 
2009; 78 FR 65575, Nov. 1, 2013; 82 FR 51362, Nov. 6, 2017; 84 FR 38885, 
Aug. 8, 2019]



Sec.20.22  Closed seasons.

    No person shall take migratory game birds during the closed season 
except as provided in part 21 of this chapter.

[73 FR 65951, Nov. 5, 2008]



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 and subpart E 
of part 21 of this chapter.

[73 FR 65951, Nov. 5, 2008]



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 56]]



                          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 57]]

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 58]]



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 59]]

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 60]]

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 at www.govinfo.gov.



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 at www.govinfo.gov.



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 at www.govinfo.gov.



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 at www.govinfo.gov.



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 at www.govinfo.gov.



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 at www.govinfo.gov.



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 at www.govinfo.gov.

[[Page 61]]



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 at www.govinfo.gov.



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 at www.govinfo.gov.



          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 62]]



Sec.20.134  Approval of nontoxic shot types and shot coatings.

    The U.S. Fish and Wildlife Service conducts a process to approve 
shot material determined not to impose a significant toxicity danger to 
migratory birds and other wildlife or their habitats. The regulations in 
this section set forth the approval process. Upon receipt of an 
application and supporting data submitted in accordance with this 
section, the Service will review the application materials together with 
all other relevant available evidence, including public comment. If the 
Director concludes that the spent shot material will not present a 
significant toxicity danger to migratory birds and other wildlife or 
their habitats, we will add the shot material to the list of approved 
nontoxic shot materials at 50 CFR 20.21(j).
    (a) Information collection approval. The Office of Management and 
Budget approved the information collection requirements contained in 
this section under 44 U.S.C. 3501 et seq. and assigned OMB Control No. 
1018-0067. We collect this information so that we can conduct a 
methodical and objective review of a shot type you submit as nontoxic 
for hunting waterfowl. An agency 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 submit comments 
on this information collection to the Service Information Collection 
Officer, U.S. Fish and Wildlife Service, 1849 C Street NW., Washington, 
DC 20240.
    (b) Limitations on nontoxic shot type approval. We will not approve 
as nontoxic any shot type or shot coating with a lead content of 1 
percent or more.
    (1) Before we will approve any shot type or shot coating as 
nontoxic, a shotshell loaded with the shot type or coated shot must be 
demonstrated to be identifiable as not being lead in a portable field 
testing device for use by enforcement officers.
    (2) The testing device can be regular magnets, rare-earth magnets, 
or the ``HOT*SHOT'' field-testing device from Stream Systems of Concord, 
CA. We will consider other field-testing devices that may be readily 
available to law enforcement officers.
    (c) Application submission and review. We use a 3-tier strategy for 
approval of nontoxic shot types and shot coatings. You must submit any 
application for approval under this section with supporting 
documentation in accordance with the following procedures and must 
include at least the supporting materials and information for Tier 1 in 
the approval system. If your application is not complete, we will return 
it to you with an explanation of the additional information we need to 
initiate review of your submission.
    (d) Tier 1 application fee. The fee for consideration of a Tier 1 
application is $1,630. Submit the fee, payable to the U.S. Fish and 
Wildlife Service, with your application.
    (e) Tier 1 application. If you wish to submit a shot type or shot 
coating for consideration as nontoxic for waterfowl hunting, you must 
provide statements of use, chemical characterization, production 
variability, volume of use of the candidate material, and a sample of 
the shot or shot coating.
    (1) Provide a statement of how you propose to use the candidate 
material in creating waterfowl hunting shotshells.
    (2) Provide a description of the chemical composition of the 
material comprising the shot.
    (i) Provide the chemical names, Chemical Abstracts Service numbers 
(consult the American Chemical Society), and structures of the 
components of the shot.
    (ii) Provide a chemical characterization for organics and 
organometallics for the core and/or coating, including the empirical 
formula, melting point, molecular weight, solubility, specific gravity, 
partition coefficients, hydrolysis half-life, leaching rate in water and 
in soil, degradation half-life, vapor pressure, stability, and other 
relevant characteristics for each component.
    (iii) Provide data on the composition, weight, and sectional density 
of the shot material.
    (iv) Provide data on the thickness, quantity in milligrams (mg) per 
shot, and chemical composition of any coating on the shot.

[[Page 63]]

    (3) Provide documentation that the shot can be readily identified as 
nontoxic with a standard field shotshell testing device.
    (4) Provide a statement of the hardness of the candidate shot type 
and the method used to determine the hardness.
    (5) Provide a statement of the expected variability of shot during 
production.
    (6) Provide an estimate of yearly volume of candidate shot type and/
or coated shot expected to be produced for use in hunting migratory 
birds in the United States.
    (7) Provide 5 pounds (approximately 2.18 kilograms (kg)) of the 
candidate shot type or shot with the proposed coating in size equivalent 
to U.S. standard size No. 4 of 0.13 inches (approximately 3.3 
millimeters (mm)) in diameter.
    (i) We or an independent laboratory may analyze the composition of 
the shot or the shot coating.
    (ii) We will reject your application if the composition of the shot 
or shot coating differs substantially from what you describe in your 
application.
    (f) Toxicological effects. You must provide information on the 
toxicological effects of the shot or any coating on it.
    (1) Provide a summary of the acute and chronic toxicity data of the 
metals or compounds in the shot or the shot coating, ranking the 
toxicity of each. Use the following criteria to assess the toxicity of 
the shot or shot coating. These criteria are based on the estimated 
median lethal dose of the candidate shot type or shot coating. That is, 
the statistically derived single dose estimate of the candidate material 
that can be expected to cause death in 50 percent of the animals tested 
(LD50).

------------------------------------------------------------------------
              If the LD50 is                 the material is considered
------------------------------------------------------------------------
no more than 5 mg/kg,.....................  super toxic.
over 5 to 50 mg/kg,.......................  extremely toxic.
over 50 to 500 mg/kg,.....................  very toxic.
over 500 to 5,000 mg/kg,..................  moderately toxic.
over 5,000 to 15,000 mg/kg,...............  slightly toxic.
over 15,000 mg/kg,........................  nontoxic.
------------------------------------------------------------------------

    (2) Provide 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 
(concentrations in water lethal to 50 percent of test populations) data, 
and sublethal effects, with citations.
    (3) Provide 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 the toxic effect, such as mortality, impaired reproduction, 
substantial weight loss, disorientation, or other relevant associated 
clinical observations.
    (4) Provide a statement with supporting rationale and citations to 
relevant data about whether ingestion of the shot or shot coating by 
invertebrates, fish, amphibians, reptiles, or mammals is cause for 
concern. If there is a recognized impact on invertebrates, fish, 
amphibians, reptiles, or mammals, we reserve the right to require 
additional study of the shot or shot coating.
    (g) Environmental fate and transport. You must provide information 
on the environmental fate and transport, if any, of the shot and any 
coating on it.
    (1) Provide a statement describing any chemical or physical 
alteration of the shot and shot coating upon firing.
    (2) Provide an estimate of the environmental half-life of the 
organic or organometallic components of the shot and shot coating, and a 
description of the chemical form of the breakdown products of the 
component(s).
    (3) For each metal or other component of the shot or shot coating, 
determine the Estimated Environmental Concentration (EEC).
    (i) Determine the EEC in a terrestrial ecosystem if 69,000 U.S. 
standard size No. 4 shot of 0.13 in (3.3 mm) in diameter are completely 
dissolved in 1 hectare (ha) (107,639 square feet (ft\2\)) of soil 5 
centimeters (cm) (1.97 in) deep. Assess whether the EEC would exceed the 
clean soil standards for the Use or Disposal of Sewage Sludge at 40 CFR 
part 503. Explain how the estimated EEC relates to the toxicity 
thresholds for plants, invertebrates, and other wildlife.
    (ii) Determine the EEC in an aquatic ecosystem if 69,000 U.S. 
standard size No. 4 shot of 0.13 in (3.3 mm) in diameter are completely 
dissolved in 1 ha, or

[[Page 64]]

107,639 ft\2\, of water 1 ft (30.48 cm) deep. Express the calculated 
concentrations in standard units such as micrograms per liter, for water 
with pH of 6.5 to 9.0. Explain how the estimated EEC compares to the 
U.S. Environmental Protection Agency (EPA) Water Quality Criteria and 
toxicity thresholds in plants, invertebrates, fish, and wildlife.
    (4) Conduct a risk assessment using the Quotient Method. Calculate 
the risk of the submitted shot material, the EEC/the Toxicological Level 
of Concern. For example, compare the EEC in parts per million (p/m) to 
an effect level such as the LD50 in p/m. Use the following criteria to 
assess the risk of the components of the shot or shot coating.

------------------------------------------------------------------------
           If the risk ratio is                         then
------------------------------------------------------------------------
less than 0.1,............................  adverse effects are not
                                             likely.
0.1 to 10.0,..............................  adverse effects are
                                             possible.
greater than 10.0,........................  adverse effects are likely.
------------------------------------------------------------------------

    (h) In vitro evaluation. You must evaluate the candidate shot type 
or shot coating in a standardized test under conditions that will assess 
its erosion and any release of components into a liquid medium in an 
environment simulating the conditions of a waterfowl gizzard (see W.H. 
Kimball and Z.A. Munir, 1971, The corrosion of lead shot in a simulated 
waterfowl gizzard, Journal of Wildlife Management 35:360-365) for basic 
test procedures. Compare the erosion characteristics to those of lead 
shot and steel shot of comparable size.
    (1) Test materials. You will need appropriate analysis equipment, 
such as for atomic absorption spectrophotometry or inductively coupled 
plasma mass spectrometry, a drilled aluminum block to support test 
tubes, a thermostatically controlled stirring hot plate, small 
Teflon[supreg]-coated magnets, hydrochloric acid of pH 2.0, pepsin, 
capped test tubes, and U.S. No. 4 lead, steel, and candidate shot type 
or shot with the proposed coating.
    (2) Test procedures.
    (i) Add hydrochloric acid and pepsin to each capped test tube at a 
volume and concentration that will erode a single U.S. No. 4 lead shot 
at the rate of 5 mg per day.
    (ii) Place three test tubes, each containing lead shot, steel shot, 
or the candidate shot type or shot with the proposed coating in an 
aluminum block on the stirring hot plate. Add a Teflon[supreg]-coated 
magnet to each test tube and set the hot plate at 42 degrees Centigrade 
and 500 revolutions per minute.
    (iii) Determine the erosion of shot or shot with the proposed 
coating daily for 14 consecutive days by weighing the shot and analyzing 
the digestion solution with an atomic absorption spectrophotometer.
    (iv) Replicate the 14-day procedure five times.
    (3) Test analyses. Compare erosion rates of the three types of shot 
by appropriate analysis of variance and regression procedures. The 
statistical analyses will determine whether the rate of erosion of the 
shot and/or shot coating is significantly greater or less than that of 
lead and/or steel shot. This determination is important to any 
subsequent toxicity testing.
    (i) Tier 1 application review. Upon receipt of your completed Tier 1 
application, we will promptly perform an overview. We will notify you 
within 30 days of receipt that our thorough review of the application 
will commence, and we will complete our review within 60 days of the 
date of publication. We will use half of the LD50/ft\2\ in terrestrial 
and aquatic systems as the level of concern in evaluating your 
application.
    (j) Approval after Tier 1 testing. If we determine that the Tier 1 
data show that the shot or shot coating does not pose a significant 
toxicity danger to migratory birds, other wildlife, or their habitats, 
we will notify you and request payment of a $20,000 final review and 
publication fee (payable to the U.S. Fish and Wildlife Service).
    (1) After receipt of payment, we will publish a proposed rule in the 
Federal Register stating that we intend to approve this shot or shot 
coating as nontoxic and provide the public with the opportunity to 
comment on our decision. The proposed rule 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 1.
    (2) If, after considering public comment on the proposed rule, we 
conclude that the shot or shot coating does not pose a significant 
toxicity danger to

[[Page 65]]

migratory birds, other wildlife, or their habitats, we will approve the 
shot or coating as nontoxic with publication of a final rule in the 
Federal Register and addition of the shot or coating to the list in 
Sec.20.21(j).
    (k) Additional testing. If we conclude that the Tier 1 data are 
inconclusive, or if we conclude that the shot or shot coating may pose a 
significant toxicity danger to migratory birds, other wildlife, or their 
habitats, we will advise you to proceed with some or all of the 
additional testing described for Tier 2, Tier 3, or both.
    (1) We will inform you that we consider the Tier 1 test results to 
be inconclusive. We will request Tier 2, and possibly Tier 3, testing 
before we evaluate the shot any further.
    (2) If you choose not to do further testing, we will deny approval 
of the candidate shot type or shot coating.
    (l) Tier 2 application fee. The fee for consideration of a Tier 2 
application is $1,530. Submit the fee, payable to the U.S. Fish and 
Wildlife Service, with your application.
    (m) Tier 2 testing. Your Tier 2 testing procedures must be in 
compliance with the Good Laboratory Practice Standards (40 CFR part 160) 
except where they conflict with the requirements in this section or with 
a provision of an approved plan. We reserve the right for us or an 
authorized representative to inspect your laboratory facilities. We will 
not approve the plan and will cease further consideration of the 
candidate shot type if the laboratory does not meet the Good Laboratory 
Practice Standards.
    (n) Tier 2 plan review. We will review the Tier 2 testing plan you 
submit within 30 days of the day on which we receive it. We may decline 
to approve the plan, or any part of it, if we deem it deficient in any 
manner with regard to timing, format, or content. We will inform you 
regarding what parts, if any, of the submitted testing procedures to 
disregard and any modifications to incorporate into the Tier 2 testing 
plan to gain plan approval. After we accept your plan, you may conduct 
Tier 2 testing.
    (o) Tier 2 in vivo evaluation. Conduct a 30-day acute toxicity test 
in mallards using the following method unless we specify otherwise. The 
testing should be done in accordance with Good Laboratory Practices 
Standards at 40 CFR part 160.
    (1) Test materials. You will need 30 male and 30 female hand-reared 
mallards approximately 6 to 8 months old with plumage and body 
conformation of wild mallards; 60 elevated outdoor pens equipped with 
feeders and waterers; a laboratory equipped to perform fluoroscopy, 
required blood and tissue assays, and necropsies; commercial duck 
maintenance mash; and lead, steel, and candidate shot type.
    (2) Test procedures.
    (i) House the mallards individually in pens and give them 
unrestricted access to food and water.
    (ii) After 3 weeks, randomly assign them to 3 groups of 10 males and 
10 females per group. Dose each duck with 8 pellets of either U.S. No. 4 
lead shot (positive control), steel shot (negative control), or the 
candidate shot type or shot with the proposed coating.
    (iii) Fluoroscope each bird at 1 week after dosing to check for shot 
retention.
    (iv) For 30 days, observe the birds daily for signs of intoxication 
and mortality.
    (v) Determine the body weight for each bird at the time of dosing 
and at days 15 and 30.
    (vi) On days 15 and 30, collect blood by venipuncture and determine 
hematocrit, hemoglobin concentration, and other measures of blood 
chemistry.
    (vii) Euthanize all survivors on day 30. Remove the liver and other 
appropriate organs from each bird and those from birds that died prior 
to day 30.
    (viii) Analyze the organs for lead and compounds contained in the 
candidate shot type or shot with the proposed coating.
    (ix) Perform a necropsy of all birds to determine any gross and/or 
microscopic pathological conditions.
    (x) Weigh all recovered shot and determine shot erosion.
    (3) Test analyses.
    (i) Analyze mortality among the specified groups with appropriate 
statistical procedures, such as chi-square, with [alpha] = 0.05, and 
[beta] = 0.8.
    (ii) Analyze physiological data and tissue contaminant data by 
analysis of

[[Page 66]]

variance or other appropriate statistical procedures to include the 
factors of shot type and sex, with [alpha] = 0.05 and [beta] = 0.8.
    (iii) Compare euthanized birds and birds that died prior to day 30 
whenever sample sizes are adequate for meaningful comparison.
    (p) Daphnia 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 Daphnia (Daphnia species) Acute Toxicity 
Test, must be conducted in accordance with 40 CFR 797.1300. It provides 
data on the acute toxicity of chemical substances. The guideline 
prescribes an acute toxicity test in which Daphnia are exposed to a 
chemical in static and flow-through systems for assessing the hazard the 
compound(s) may present to an aquatic environment.
    (2) The second test, the Daphnia Chronic Toxicity Test, must be 
conducted in accordance with 40 CFR 797.1330. It provides data on the 
chronic toxicity of chemical substances in which Daphnia are exposed to 
a chemical in a renewal or flow-through system. The data from this test 
also are used to assess the hazard that the compound(s) may present to 
an aquatic environment.
    (3) The third test, the Fish Early-Life-Stage Toxicity Test, must be 
conducted in accordance with 40 CFR 797.1600. It assesses the adverse 
effects of chemical substances to fish in the early stages of their 
growth and development. Data from this test also are used to determine 
hazards of the compound(s) in an aquatic environment.
    (q) Evaluation of Tier 2 testing. If, after Tier 2 testing, you wish 
to continue the application process, send the Tier 2 testing results and 
analyses to us. You must ensure that copies of all the raw data and 
statistical analyses accompany the laboratory reports and final 
comprehensive report of this test. We will review the data within 60 
days of the day on which we receive your Tier 2 application materials.
    (r) Approval after Tier 2 testing. If we determine that the Tier 2 
test data show that the shot or shot coating does not pose a significant 
toxicity danger to migratory birds, other wildlife, or their habitats, 
we will notify you and request payment of a $20,000 final review and 
publication fee (payable to the U.S. Fish and Wildlife Service).
    (1) After receipt of payment, we will publish a proposed rule in the 
Federal Register stating that we intend to approve this shot or shot 
coating and provide the public with the opportunity to comment. The 
proposed rule 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 2.
    (2) If, at the end of the comment period, we conclude that the shot 
or shot coating does not pose a significant toxicity danger to migratory 
birds, other wildlife, or their habitats, we will approve the shot or 
coating as nontoxic with publication of a final rule in the Federal 
Register and subsequent addition of the shot or coating to the list in 
Sec.20.21(j).
    (s) Additional testing. If we conclude that the Tier 2 data are 
inconclusive, or if we conclude that the shot or shot coating may pose a 
significant toxicity danger to migratory birds, other wildlife, or their 
habitats, or if public comment on the proposed rule indicates that we 
should require further testing, we will advise you to proceed with the 
additional testing described for Tier 3. We will require Tier 3 testing 
before we evaluate the shot any further. If you choose not to do Tier 3 
testing, we will deny approval of the candidate shot type or shot 
coating.
    (t) Tier 3 application fee. The fee for consideration of a Tier 3 
application is $1,530. Submit the fee, payable to the U.S. Fish and 
Wildlife Service, with your application.
    (u) Tier 3 testing. We will review your Tier 3 testing plan within 
30 days of the day on which we receive it. All testing procedures in the 
plan should be in compliance with the Good Laboratory Practice Standards 
(40 CFR part 160), except where they conflict with the requirements in 
this section

[[Page 67]]

or with a provision of an approved plan. We, or our authorized 
representative, may elect to inspect your laboratory facilities and may 
decline to approve the plan and further consideration of the candidate 
shot type and/or shot coating if the facility is not in compliance with 
the Good Laboratory Practice Standards.
    (1) We will not approve the plan, or any part of it, if we deem it 
deficient in any manner with regard to timing, format, or content. We 
will tell you what parts, if any, of the submitted testing procedure to 
disregard, and any modifications to incorporate into the Tier 3 plan 
needed for us to approve it.
    (2) After acceptance of the plan, you may conduct the Tier 3 
testing. You must ensure that copies of the raw data and the statistical 
analyses accompany the laboratory reports and final comprehensive report 
on this test.
    (i) Chronic toxicity test. This is a 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 following general guidelines unless we tell you otherwise.
    (A) Test materials. You will need 36 male and 36 female hand-reared 
mallards approximately 6 to 8 months old with plumage and body 
conformation of wild mallards; 72 elevated outdoor pens equipped with 
feeders and waterers; a laboratory equipped to perform fluoroscopy, 
required blood and tissue assays, and necropsies; whole kernel corn; and 
lead, steel, and candidate shot type or shot with the proposed coating.
    (B) Test procedures. (1) 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).
    (2) Assign individual mallards to elevated outdoor pens during the 
first week of December and give them an unrestricted diet of whole 
kernel corn for 2 weeks.
    (3) Randomly assign birds to five groups--a lead group of 4 males 
and 4 females, and 4 other groups of 8 males and 8 females per group.
    (4) Dose each bird in the lead group (the positive control) with one 
U.S. No. 4 pellet of lead shot. Dose each bird in one group of 8 males 
and 8 females with 8 U.S. No. 4 pellets of steel shot (the negative 
control). Dose each bird in 1 remaining group of 8 males and 8 females 
with one U.S. No. 4 pellet of the candidate shot type or shot with the 
proposed coating, each bird in 1 of the remaining 2 groups of 8 males 
and 8 females with 4 U.S. No. 4 pellets of the candidate shot type or 
shot with the proposed coating, and each bird in the final group of 8 
males and 8 females with 8 U.S. No. 4 pellets of the candidate shot type 
or shot with the proposed coating.
    (5) Weigh and fluoroscope the birds weekly.
    (6) Weigh all recovered shot and determine shot erosion.
    (7) 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 dosing, and at the end of days 30 and 60.
    (8) Remove the liver and other appropriate organs from all birds 
that die prior to day 60.
    (9) At the end of 60 days, euthanize all survivors. Remove the liver 
and other appropriate organs from the euthanized birds. Analyze the 
organs for lead and other metals in the candidate shot type or shot 
coating.
    (10) Necropsy all birds that died prior to day 60 to determine any 
gross and/or microscopic pathological conditions associated with their 
deaths.
    (C) Test analyses. (1) 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, with 
[alpha] = 0.05, and [beta] = 0.8.
    (2) 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 with [alpha] = 0.05, and [beta] 
= 0.8.
    (3) Compare euthanized birds and birds that died prior to being

[[Page 68]]

euthanized whenever sample sizes are adequate for a meaningful 
comparison.
    (ii) Chronic dosing study. This moderately long-term study includes 
an assessment of reproduction. Conduct a chronic exposure reproduction 
trial within the following general guidelines unless we tell you 
otherwise.
    (A) Test materials. You will need 44 male and 44 female hand-reared 
first-year mallards with plumage and body conformation of wild mallards; 
pens suitable for quarantine and acclimation and for reasonably holding 
5 to 10 ducks each; 44 elevated pens equipped with feeders, waterers, 
and nest boxes; a laboratory equipped to perform fluoroscopy, required 
blood and tissue assays, and necropsies; whole kernel corn, and 
commercial duck maintenance and breeder mash; and U.S. No. 4 lead, 
steel, and candidate shot type or shot with the proposed coating.
    (B) Test procedures. (1) In December, randomly assign the mallards 
to 3 groups--a positive control group of 4 males and 4 females that will 
be tested with lead; a negative control group of 20 males and 20 females 
that will be tested with steel; and a final group with 20 males and 20 
females that will be tested with the candidate shot type or shot with 
the proposed coating. Hold the ducks in same-sex groups until mid-
January. If the test is not conducted in the northern United States or 
comparable latitudes, the test must be completed in low-temperature 
units.
    (2) After a 3-week acclimation period in which the ducks are fed 
with commercial maintenance mash, provide them an unrestricted diet of 
corn for 60 days and then pair them, put one pair in each pen, and 
provide them with commercial breeder mash.
    (3) After the acclimation period, dose each bird in the lead group 
with 1 pellet of U.S. No. 4 lead shot, each bird in one of the groups of 
20 males and 20 females with 8 pellets of U.S. No. 4 steel shot, and 
each bird in the remaining group of 20 males and 20 females with 8 
pellets of U.S. No. 4 candidate shot type or shot with the proposed 
coating.
    (4) Redose each bird with the appropriate shot after 30, 60, and 90 
days. Few, if any, of the lead-dosed birds should survive and reproduce.
    (5) Fluoroscope each bird 1 week after dosing it to check for shot 
retention.
    (6) Weigh each bird the day of initial dosing (day 0), at each 
subsequent dosing, and at death.
    (7) Collect a blood sample from each bird on the days on which it is 
dosed and immediately prior to euthanizing it.
    (8) Check nests daily and collect any eggs laid. Note the date of 
first egg laid and the mean number of days per egg laid. Conclude 
monitoring of laying after 21 normal, uncracked eggs are laid or after 
150 days.
    (9) Collect eggs and discard any eggs laid before pairing.
    (10) Euthanize the adults after they complete laying or after 150 
days.
    (11) Remove the liver and other appropriate organs from each 
euthanized bird and from each bird that dies prior to being euthanized.
    (12) Analyze the organs and the eleventh egg for compounds contained 
in the shot or shot coating.
    (13) Necropsy all the birds to determine any gross and/or 
microscopic pathological conditions that affected them.
    (14) Artificially incubate the normal eggs and calculate the percent 
shell thickness for each (compared to typical shell thickness), the 
percent of eggs cracked, the percent fertility (as determined by 
candling), and the percentage of fertile eggs hatched for each female.
    (15) Provide ducklings that hatch with starter mash. Euthanize all 
ducklings at 14 days of age.
    (16) Determine survival to day 14 and weight of the ducklings at 
hatching and at being euthanized.
    (17) Measure duckling blood for hemoglobin concentration and other 
blood chemistries using blood samples drawn when the ducklings are 
euthanized.
    (C) Test analyses. Any mortality, reproductive inhibition, or 
effects on physiological parameters due to the shot or shot coating must 
not be significantly greater than those caused by steel shot. If 
necessary, transform percentage data with an arcsine, square root, or 
other suitable transformation prior to statistical analyses. Analyze the 
physiological and reproductive

[[Page 69]]

data with one-tailed t-tests or other appropriate statistical procedures 
with [alpha] = 0.05, and [beta] = 0.8.
    (v) Evaluation of Tier 3 testing. Report the results of your Tier 3 
testing to us. We will review the data within 60 days of the day on 
which we receive your Tier 3 application materials. You must ensure that 
copies of the raw data and the statistical analyses accompany the 
laboratory reports and final comprehensive report on this test.
    (w) Approval after Tier 3 testing. If we determine that the Tier 3 
test data show that the shot or shot coating does not pose a significant 
toxicity danger to migratory birds, other wildlife, or their habitats, 
we will notify you and request payment of a $20,000 final review and 
publication fee (payable to the U.S. Fish and Wildlife Service).
    (1) After receipt of payment, we will publish a proposed rule in the 
Federal Register stating that we intend to approve this shot or shot 
coating and provide the public with the opportunity to comment. The 
proposed rule 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.
    (2) If, at the end of the comment period, we conclude that the shot 
or shot coating does not pose a significant toxicity danger to migratory 
birds, other wildlife, or their habitats, we will approve the shot or 
coating as nontoxic with publication of a final rule in the Federal 
Register and subsequent addition of the shot or coating to the list in 
Sec.20.21(j).
    (x) Additional testing after Tier 3. If we conclude that the Tier 3 
data are inconclusive, or if we conclude that the shot or shot coating 
may pose a significant toxicity danger to migratory birds, other 
wildlife, or their habitats, we may ask you to repeat tests we deem 
inconclusive. If you choose not to repeat the tests, we will deny 
approval of the candidate shot type or shot coating.
    (y) Denial after Tier 3 testing. If we conclude that the shot or 
shot coating may pose a significant toxicity danger to migratory birds, 
other wildlife, or their habitats, we will notify you that we deny 
approval of the candidate shot type or shot coating.
    (z) Withdrawal of the approval of a shot type or shot coating. If we 
find that an approved shot type or shot coating is not readily 
detectable in the field or has environmental effects or direct 
toxicological effects on biota, we may withdraw our approval of the shot 
type or shot coating. This includes any previously approved shot type or 
shot coating.
    (1) We may consult the Service Law Enforcement Laboratory to 
determine whether any particular shot type or shot coating is readily 
detectable in the field by law enforcement officers. If the shot type is 
not readily detectable in the field, we will give the shotshell producer 
180 days to remedy the situation by improving either the shot or the 
detection method.
    (2) We may consider new evidence, consistent with the provisions of 
the Migratory Bird Treaty Act and the Information Quality Act (Pub. L. 
106-554, 2001; Office of Management and Budget Guidance, 67 FR 8452-
8460, February 22, 2002) that shows that an approved shot type or shot 
coating has significant environmental effects or direct toxicological 
effects that were not known when we approved the shot type or shot 
coating.
    (3) After the 180-day period for a shot type that cannot be tested 
in the field (see paragraph (z)(1) of this section), or at any time 
after we learn of significant environmental effects or direct 
toxicological effects, we will publish a notice in the Federal Register 
informing manufacturers and the public of our pending withdrawal of the 
approval of the shot type or shot coating. We will revise the table of 
approved shot types at Sec.20.21(j) to reflect the withdrawal of the 
approval, to be effective on January 1st, after allowing manufacturers 1 
full calendar year to prepare for the change.

[78 FR 78280, Dec. 26, 2013]

Subpart M [Reserved]



 Subpart N_Special Procedures for Issuance of Annual Hunting Regulations

    Source: 46 FR 62079, Dec. 22, 1981, unless otherwise noted.

[[Page 70]]



Sec.20.151  Purpose and scope.

    The rules of this subpart N apply to the issuance of the annual 
regulations establishing seasons, bag limits, and other requirements for 
the seasonal hunting of migratory birds. The rules of this subpart N do 
not apply to the issuance of regulations under part 21 of this title or 
under subparts A through J and L through M of this part 20.



Sec.20.152  Definitions.

    As used in this subpart N:
    (a) Flyway Council means the Atlantic, Mississippi, Central, or 
Pacific Flyway Council;
    (b) Regulations Committee means the Migratory Bird Regulations 
Committee of the Fish and Wildlife Service; and
    (c) Significant, as used in reference to a communication or other 
form of information or data, means related to the merits of the 
regulation and received, utilized, or transmitted by an official of the 
Department who is or may reasonably be expected to be involved in the 
decisional process on the regulation.



Sec.20.153  Regulations committee.

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



Sec.20.154  Flyway Councils.

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



Sec.20.155  Public file.

    (a) Establishment. A public file will be established for each 
rulemaking to which this subpart N is applicable.
    (b) Contents. Except for information exempt from disclosure under 5 
U.S.C. 552, a public file established pursuant to paragraph (a) of this 
section will contain:
    (1) The minutes of Regulations Committee meetings made pursuant to 
paragraph (d) of Sec.20.153;
    (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-bred migratory waterfowl other than 
          mallard ducks.

[[Page 71]]

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 [Reserved]
21.29 Falconry standards and falconry permitting.
21.30 Raptor propagation permits.
21.31 Rehabilitation permits.

     Subpart D_Control of Depredating and Otherwise Injurious Birds

21.41 Depredation permits.
21.42 [Reserved]
21.43 Depredation order for blackbirds, cowbirds, crows, grackles, and 
          magpies.
21.44 Depredation order for horned larks, house finches, and white-
          crowned sparrows in California.
21.45 [Reserved]
21.46 Depredation order for depredating California scrub jays and 
          Steller's jays in Washington and Oregon.
21.47-21.48 [Reserved]
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.
21.53 Control order for purple swamphens.
21.54 Control order for muscovy ducks in the United States.
21.55 Control order for invasive migratory birds in Hawaii.

      Subpart E_Control of Overabundant Migratory Bird Populations

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

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

    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 
(falconry); 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; 73 FR 59465, Oct. 8, 2008]



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

[[Page 72]]

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 is caring for and training raptors for pursuit of wild 
game, and hunting wild game with raptors. Falconry includes the taking 
of raptors from the wild to use in the sport; and caring for, training, 
and transporting raptors held for falconry.
    Hacking is the temporary release of a raptor held for falconry to 
the wild so that it must survive on its own.
    Hybrid means any bird that results from a cross of genetic material 
between two separate taxa when one or both are listed at 50 CFR 10.13, 
and any progeny of those birds.
    Imprint, for the purposes of falconry, means a bird that is hand-
raised, from 2 weeks of age until it has fledged, and has identified 
itself with humans rather than its own species. An imprinted bird is 
considered to be so for its entire lifetime.
    Livestock depredation area means a specific geographic location in 
which depredation by golden eagles has been recognized. The boundaries 
and duration of a livestock depredation area are declared by U.S.D.A. 
Wildlife Services or by a State governor.
    Military readiness activity, as defined in Pub. L. 107-314, Sec.
315(f), 116 Stat. 2458 (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 migratory bird of the Order Accipitriformes, the 
Order Falconiformes, or the Order Strigiformes listed in Sec.10.13 of 
this chapter, including the bald eagle (Haliaeetus leucocephalus) and 
the golden eagle (Aquila chrysaetos).
    Resident Canada geese means Canada geese that nest within the lower 
48 States and the District of Columbia or that 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.

[[Page 73]]

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; 73 FR 59465, Oct. 8, 2008; 75 FR 931, Jan. 7, 2010; 78 FR 
65578, 65864, Nov. 1, 2013; 84 FR 28773, June 20, 2019]



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's 
Information Collection Clearance Officer at the address provided at 50 
CFR 2.1(b).

[63 FR 52637, Oct. 1, 1998, as amended at 79 FR 43965, July 29, 2014]



              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 persons or entities under the following conditions are 
exempt from the permit requirements:
    (a) Employees of the Department of the Interior (DOI): DOI employees 
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) Employees of certain public and private institutions:
    (b)(1) 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

[[Page 74]]

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.
    (b)(2) 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.
    (c) Licensed veterinarians: 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, 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.
    (d) General public: Any person may remove a migratory bird from the 
interior of a building or structure under certain conditions.
    (1) You may humanely remove a trapped migratory bird from the 
interior of a residence or a commercial or government building without a 
Federal permit if the migratory bird:
    (i) Poses a health threat (for example, through damage to 
foodstuffs);
    (ii) Is attacking humans, or poses a threat to human safety because 
of its activities (such as opening and closing automatic doors);
    (iii) Poses a threat to commercial interests, such as through damage 
to products for sale; or
    (iv) May injure itself because it is trapped.
    (2) You must use a humane method to capture the bird or birds. You 
may not use adhesive traps to which birds may adhere (such as glue 
traps) or any other method of capture likely to harm the bird.

[[Page 75]]

    (3) Unless you have a permit that allows you to conduct abatement 
activities with a raptor, you may not release a raptor into a building 
to either frighten or capture another bird.
    (4) You must immediately release a captured bird to the wild in 
habitat suitable for the species, unless it is exhausted, ill, injured, 
or orphaned.
    (5) If a bird is exhausted or ill, or is injured or orphaned during 
the removal, the property owner is responsible for immediately 
transferring it to a federally permitted migratory bird rehabilitator.
    (6) You may not lethally take a migratory bird for these purposes. 
If your actions to remove the trapped migratory bird are likely to 
result in its lethal take, you must possess a Federal Migratory Bird 
Permit. However, if a bird you are trying to remove dies, you must 
dispose of the carcass immediately unless you have reason to believe 
that a museum or scientific institution might be able to use it. In that 
case, you should contact your nearest Fish and Wildlife Service office 
or your State wildlife agency about donating the carcass.
    (7) For birds of species on the Federal List of Threatened or 
Endangered Wildlife, provided at 50 CFR 17.11(h), you may need a Federal 
threatened or endangered species permit before removing the birds (see 
50 CFR 17.21 and 50 CFR 17.31).
    (8) You must have a permit from your Regional migratory bird permits 
office to remove a bald eagle or a golden eagle from a building (see 50 
CFR Part 22).
    (9) Your action must comply with State and local regulations and 
ordinances. You may need a State, Tribal, or Territorial permit before 
you can legally remove the bird or birds.
    (10) If an active nest with eggs or nestlings is present, you must 
seek the assistance of a federally permitted migratory bird 
rehabilitator in removing the eggs or nestlings. The rehabilitator is 
then responsible for handling them properly.
    (11) If you need advice on dealing with a trapped bird, you should 
contact your closest Fish and Wildlife Service office or your State 
wildlife agency.

[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; 72 FR 56928, Oct. 5, 
2007]



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

[[Page 76]]

number, at any time, within the confines of any premises operated as a 
shooting preserve under State license, permit, or authorization; or they 
may be shot, in any number, at any time or place, by any person for bona 
fide dog training or field trial purposes: Provided further, That the 
provisions:
    (1) The hunting regulations (part 20 of this subchapter), with the 
exception of Sec.20.108 (Nontoxic shot zones), and
    (2) The Migratory Bird Hunting Stamp Act (duck stamp requirement) 
shall not apply to shooting preserve operations as provided for in this 
paragraph, or to bona fide dog training or field trial operations.
    (e) At all times during possession, transportation, and storage 
until the raw carcasses of such birds are finally processed immediately 
prior to cooking, smoking, or canning, the marked foot or wing must 
remain attached to each carcass: Provided, That persons, who operate 
game farms or shooting preserves under a State license, permit, or 
authorization for such activities, may remove the marked foot or wing 
when either the number of his State license, permit, or authorization 
has first been legibly stamped in ink on the back of each carcass and on 
the container in which each carcass is maintained, or each carcass is 
identified by a State band on leg or wing pursuant to requirements of 
his State license, permit, or authorization. When properly marked, such 
carcasses may be disposed of to, or acquired from, any person and 
possessed and transported in any number at any time or place.

[40 FR 28459, July 7, 1975, as amended at 46 FR 42680, Aug. 24, 1981; 54 
FR 36798, Sept. 5, 1989]



Sec.21.14  Permit exceptions for captive-bred migratory waterfowl 
other than mallard ducks.

    You may acquire captive-bred and properly marked migratory waterfowl 
of all species other than mallard ducks (Anas platyrhynchos), alive or 
dead, or their eggs, and possess and transport such birds or eggs and 
any progeny or eggs for your use without a permit, subject to the 
following conditions and restrictions. Additional restrictions on the 
acquisition and transfer of muscovy ducks (Cairina moschata) are in 
paragraph (g) of this section.
    (a) You may acquire live waterfowl or their eggs only from a holder 
of a valid waterfowl sale and disposal permit in the United States. You 
also may lawfully acquire them outside of the United States with 
appropriate permits (see Sec.21.21 of subpart C of this part).
    (b) All progeny of captive-bred birds or eggs from captive-bred 
birds must be physically marked as set forth in Sec.21.13(b).
    (c) You may not transfer or dispose of captive-bred birds or their 
eggs, whether alive or dead, to any other person unless you have a 
waterfowl sale and disposal permit (see Sec.21.25 of subpart C of this 
part).
    (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, you must leave the marked foot or 
wing attached to each carcass, unless the carcass was marked as provided 
in Sec.21.25(b)(6) and the foot or wing was removed prior to your 
acquisition of the carcass.
    (f) If you acquire captive-bred waterfowl or their eggs from a 
waterfowl sale and disposal permittee, you must retain the FWS Form 3-
186, Notice of Waterfowl Sale or Transfer, from the permittee for as 
long as you have the birds, eggs, or progeny of them.
    (g) You may not acquire or possess live muscovy ducks, their 
carcasses or parts, or their eggs, except to raise them to be sold as 
food, and except that you may possess any live muscovy duck that you 
lawfully acquired prior to March 31, 2010. If you possess muscovy ducks 
on that date, you may not propagate them or sell or transfer them to 
anyone for any purpose, except to be used as food. You may not release 
them to the wild, sell them to be hunted or released to the wild, or 
transfer

[[Page 77]]

them to anyone to be hunted or released to the wild.
    (h) Dealers in meat and game, hotels, restaurants, and boarding 
houses may serve or sell to their customers the carcass of any bird 
acquired from a holder of a valid waterfowl sale and disposal permit.

[75 FR 9320, Mar. 1, 2010]



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.
    (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

[[Page 78]]

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 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. Except as provided in paragraphs (b), (c), 
and (d) of this section, you must have a permit to import or export 
migratory birds, their parts, nests, or eggs. You must meet the 
applicable permit requirements of the following parts of this subchapter 
B, even if the activity is exempt from a migratory bird import or export 
permit:
    (1) 13 (General Permit Procedures);
    (2) 14 (Importation, Exportation, and Transportation of Wildlife);
    (3) 15 (Wild Bird Conservation Act);
    (4) 17 (Taking, Possession, Transportation, Sale, Purchase, Barter, 
Exportation, and Importation of Wildlife and Plants);
    (5) 20 (Migratory Bird Hunting);
    (6) 21 (Migratory Bird Permits);
    (7) 22 (Eagle Permits); and
    (8) 23 (Convention on International Trade in Endangered Species of 
Wild Fauna and Flora (CITES)).
    (b) Exception to the import permit requirements. If you comply with 
the requirements of parts 14, 20, and 23 of this subchapter B, you do 
not need a migratory bird permit to import or possess migratory birds in 
the families Anatidae, Columbidae, Gruidae, Rallidae, and Scolopacidae 
for personal use that were lawfully hunted by you in a foreign country. 
The birds may be carcasses, skins, or mounts. You must provide evidence 
that you lawfully took the bird or birds in, and exported them from, the 
country of origin. This evidence must include a hunting license and any 
export documentation required by the country of origin. You must keep 
these documents with the imported bird or birds permanently.
    (c) General exceptions to the export permit requirements. You do not 
need a migratory bird export permit to:
    (1) Export live, captive-bred migratory game birds (see Sec.20.11 
of this subpart) to Canada or Mexico if they are marked by one of the 
following methods:
    (i) Removal of the hind toe from the right foot;
    (ii) Pinioning of a wing by removal of all or some of the metacarpal 
bones of one wing, which renders the bird permanently incapable of 
flight;
    (iii) Banding of one metatarsus with a seamless metal band; or
    (iv) A readily discernible tattoo of numbers and/or letters on the 
web of one foot.
    (2) Export live, lawfully-acquired, captive-bred raptors provided 
you hold a valid raptor propagation permit

[[Page 79]]

issued under Sec.21.30 and you obtain a CITES permit or certificate 
issued under part 23 to do so. You must have full documentation of the 
lawful origin of each raptor, and each must be identifiable with a 
seamless band issued by the Service, including any raptor with an 
implanted microchip for identification.
    (d) Falconry birds covered under a CITES ``pet passport.'' You do 
not need a migratory bird import or export permit to temporarily export 
and subsequently import a raptor or raptors you lawfully possess for 
falconry to and from another country for use in falconry when the 
following conditions are met:
    (1) You must meet applicable requirements in part 14 (Importation, 
Exportation, and Transportation of Wildlife) of this subchapter B.
    (2) You may need one or more additional permits to take a bird from 
the United States or to return home with it (see 50 CFR part 15 (Wild 
Bird Conservation Act), part 17 (Endangered and Threatened Wildlife and 
Plants), and part 23 (Convention on International Trade in Endangered 
Species of Wild Fauna and Flora)).
    (3) Each raptor must be covered by a CITES certificate of ownership 
issued under part 23 of this chapter. You must have full documentation 
of the lawful origin of each raptor (a copy of a propagation report with 
band number or a 3-186A report), and each must be identifiable with a 
seamless band or a permanent, nonreusable, numbered Fish and Wildlife 
Service leg band issued by the Service, including any raptor with an 
implanted microchip for identification. We may exempt a raptor from 
banding because of health concerns, but you must provide proof of the 
exemption from your falconry permitting authority.
    (4) You must bring any raptor that you export out of the country for 
falconry under a CITES ``pet passport'' back to the United States when 
you return.
    (5) If the raptor dies or is lost, you are not required to bring it 
back, but you must report the loss immediately upon your return to the 
United States in the manner required by the falconry regulations of your 
State, and according to any conditions on your CITES certificate.
    (e) Inspection of imported or exported migratory birds. All 
migratory birds imported into, or exported from, the United States, and 
any associated documentation, may be inspected by the Service. You must 
comply with the import and export regulations in Part 14 of this 
chapter.
    (f) Applying for a migratory bird import or export permit. You must 
apply to the appropriate Regional Director--Attention Migratory Bird 
Permit Office. You can find the address for your Regional Director in 
Sec.2.2 of subchapter A of this chapter. Your application package must 
include a completed application (form 3-200-6, or 3-200-7 if the import 
or export is associated with an application for a scientific collecting 
permit), and 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, as listed in Sec.13.11 of this chapter.
    (g) Criteria we will consider before issuing a permit. After we 
receive a completed import or export application, 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:
    (1) You are at least 18 years of age;
    (2) The bird was lawfully acquired; and
    (3) The purpose of the import or export is consistent with the 
conservation of the species; and
    (4) For an import permit, whether you are authorized to lawfully 
possess the migratory bird after it is imported.
    (h) Are there standard conditions for the permit? Yes, standard 
conditions for your permit are set forth in part 13 of this subchapter 
B. You must also comply with the regulations in part 14 (Importation, 
Exportation, and Transportation of Wildlife). We may place additional 
requirements or restrictions on your permit as appropriate.
    (i) Term of a migratory bird import and export permit. Your 
migratory bird import or export permit will be valid for not more than 5 
years. It will expire on

[[Page 80]]

the date designated on its face unless it is amended or revoked.

[73 FR 47097, Aug. 13, 2008, as amended at 73 FR 55451, Sept. 25, 2008]



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, 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;

[[Page 81]]

    (2) Location or locations where such scientific collecting is 
proposed;
    (3) Statement of the purpose and justification for granting such a 
permit, including an outline of any research project involved;
    (4) Name and address of the public, scientific, or educational 
institution to which all specimens ultimately will be donated; and
    (5) If a State permit is required by State law, a statement as to 
whether or not the applicant possesses such State permit, giving its 
number and expiration date.
    (c) Additional permit conditions. In addition to the general 
conditions set forth in part 13 of this subchapter B, scientific 
collecting permits shall be subject to the following conditions:
    (1) All specimens taken and possessed under authority of a 
scientific collecting permit must be donated and transferred to the 
public scientific, or educational institution designated in the permit 
application within 60 days following the date such permit expires or is 
revoked, unless the permittee has been issued a special purpose permit 
(See Sec.21.27) authorizing possession for a longer period of time.
    (2) Unless otherwise provided on the permit, all migratory game 
birds taken pursuant to a scientific collecting permit during the open 
hunting season for such birds must be in conformance with part 20 of 
this subchapter;
    (3) Unless specifically stated on the permit, a scientific 
collecting permit does not authorize the taking of live migratory birds 
from the wild.
    (4) In addition to any reporting requirement set forth in the 
permit, a report of the scientific collecting activities conducted under 
authority of such permit shall be submitted to the issuing officer on or 
before January 10 of each calendar year following the year of issue 
unless a different date is stated in the permit.
    (d) Term of permit. A scientific collecting permit issued or renewed 
under this part expires on the date designated on the face of the permit 
unless amended or revoked, but the term of the permit shall not exceed 
three (3) years from the date of issuance or renewal.

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



Sec.21.24  Taxidermist permits.

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

[[Page 82]]

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. You must have a waterfowl sale and disposal 
permit before you may lawfully sell, trade, donate, or otherwise dispose 
of, most species of captive-reared and properly marked migratory 
waterfowl or their eggs. You do not need a permit to sell or dispose of 
properly marked captive-reared mallard ducks (Anas platyrhynchos) or 
their eggs.
    (b) Permit conditions. In addition to the general conditions set 
forth in part 13 of this subchapter B, waterfowl sale and disposal 
permits are subject to the following conditions:
    (1) You may not take migratory waterfowl or their eggs from the 
wild, unless take is provided for elsewhere in this subchapter.
    (2) You may not acquire migratory waterfowl or their eggs from any 
person who does not have a valid waterfowl propagation permit.
    (3) Before they are 6 weeks of age, all live captive migratory 
waterfowl possessed under authority of a valid waterfowl sale and 
disposal permit must be physically marked as defined in Sec.21.13(b).
    (4) All offspring of birds hatched, reared, and retained in 
captivity also must be marked before they are 6 weeks of age in 
accordance with Sec.21.13(b), unless they are held in captivity at a 
public zoological park, or a public scientific or educational 
institution.
    (5) Properly marked captive-bred birds may be killed, in any number, 
at any time or place, by any means except shooting. They may be killed 
by shooting only in accordance with all the applicable hunting 
regulations governing the taking of like species from the wild.
    (6) 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. However, if you have a State license, 
permit, or authorization that allows you to sell game, you may remove 
the marked foot or wing from the raw carcasses if the number of your 
State license, permit, or authorization has been legibly stamped in ink 
on the back of each carcass and on the wrapping or container in which 
each carcass is maintained, or if each carcass is identified by a State 
band on a leg or wing pursuant to requirements of your State license, 
permit, or authorization.
    (7) You may dispose of properly marked live or dead birds or their 
eggs (except muscovy ducks and their eggs) in any number at any time or 
place, or transfer them to any person, if the birds are physically 
marked prior to sale or disposal, regardless of whether or not they have 
attained 6 weeks of age.
    (8) You may propagate muscovy ducks (Cairina moschata) only for sale 
for food.
    (i) You may not release muscovy ducks to the wild or transfer them 
for release to the wild.
    (ii) You may not sell or transfer muscovy ducks to be killed by 
shooting.
    (9) If you transfer captive-bred birds or their eggs to another 
person, you must complete FWS Form 3-186, Notice of Waterfowl Sale or 
Transfer, and provide all information required on the

[[Page 83]]

form, plus the method or methods by which individual birds are marked as 
required by Sec.21.13(b).
    (i) Give the original of the completed form to the person acquiring 
the birds or eggs.
    (ii) Retain one copy in your files.
    (iii) Attach one copy to the shipping container for the birds or 
eggs, or include it with shipping documents that accompany the shipment.
    (iv) By the end of the month in which you complete the transfer, 
mail two copies to the Fish and Wildlife Service Regional Office that 
issued your permit.
    (c) Reporting requirements. You must submit an annual report by 
January 10th of each year to the Fish and Wildlife Service Regional 
Office that issued your permit. You must report the number of waterfowl 
of each species you possess on that date, and the method or methods by 
which each is marked.
    (d) Applying for a waterfowl propagation permit. Submit your 
application for a waterfowl sale and disposal permit to the appropriate 
Regional Director (Attention: Migratory Bird Permit Office). You can 
find addresses for the Regional Directors in 50 CFR 2.2. Your 
application must contain the general information and certification 
required in Sec.13.12(a) of subchapter A of this chapter, and the 
following additional information:
    (1) A description of the area where you will keep waterfowl in your 
possession;
    (2) The species and numbers of waterfowl you possess and a statement 
showing from whom the birds were obtained;
    (3) A statement indicating the method by which birds you hold will 
be marked as required by the provisions of this part 21; and
    (4) The number and expiration of your State permit if you are 
required to have one.
    (e) 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.

[75 FR 9320, Mar. 1, 2010]



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;

[[Page 84]]

    (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 egg and nest 
manipulation activities at any time of year. Other management and 
control activities, including the take of resident Canada geese, under 
this section may only be conducted between March 11 and August 31.
    (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:

[[Page 85]]

    (i) Nothing in this section applies to any Federal land within a 
State's boundaries without written permission of the Federal Agency with 
jurisdiction.
    (ii) States may not undertake any actions under any permit issued 
under this section if the activities adversely affect other migratory 
birds or species designated as endangered or threatened under the 
authority of the Endangered Species Act.
    (iii) We will only issue permits to State wildlife agencies in the 
conterminous United States.
    (iv) States may designate agents who must operate under the 
conditions of the permit.
    (v) How long is the special permit valid? A special Canada goose 
permit issued or renewed under this section expires on the date 
designated on the face of the permit unless it is amended or revoked or 
such time that we determine that the State's population of resident 
Canada geese no longer poses a threat to human health or safety, 
personal property, or injury to other interests. In all cases, the term 
of the permit may not exceed five (5) years from the date of issuance or 
renewal.
    (vi) Can we revoke the special permit? We reserve the right to 
suspend or revoke any permit, as specified in Sec. Sec.13.27 and 13.28 
of this subchapter.
    (e) What are the OMB information collection requirements of the 
permit program? OMB has approved the information collection requirements 
of the permit and assigned clearance number 1018-0099. Federal agencies 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless it displays a currently valid OMB 
control number. We will use the information collection requirements to 
administer this program and in the issuance and monitoring of these 
special permits. We will require the information from State wildlife 
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's 
Information Collection Clearance Officer at the address provided at 50 
CFR 2.1(b).

[64 FR 32774, June 17, 1999, as amended at 79 FR 43965, July 29, 2014; 
84 FR 28773, June 20, 2019]



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:

[[Page 86]]

    (1) A detailed statement describing the project or activity which 
requires issuance of a permit, purpose of such project or activity, and 
a delineation of the area in which it will be conducted. (Copies of 
supporting documents, research proposals, and any necessary State 
permits should accompany the application);
    (2) Numbers and species of migratory birds involved where same can 
reasonably be determined in advance; and
    (3) Statement of disposition which will be made of migratory birds 
involved in the permit activity.
    (c) Additional permit conditions. Inaddition to the general 
conditions set forth in part 13 of this subchapter B, special purpose 
permits shall be subject to the following conditions:
    (1) Permittees shall maintain adequate records describing the 
conduct of the permitted activity, the numbers and species of migratory 
birds acquired and disposed of under the permit, and inventorying and 
identifying all migratory birds held on December 31 of each calendar 
year. Records shall be maintained at the address listed on the permit; 
shall be in, or reproducible in English; and shall be available for 
inspection by Service personnel during regular business hours. A 
permittee may be required by the conditions of the permit to file with 
the issuing office an annual report of operation. Annual reports, if 
required, shall be filed no later than January 31 of the calendar year 
following 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  [Reserved]



Sec.21.29  Falconry standards and falconry permitting.

    (a) Background--(1) The legal basis for regulating falconry. The 
Migratory Bird Treaty Act prohibits any person from taking, possessing, 
purchasing, bartering, selling, or offering to purchase, barter, or 
sell, among other things, raptors (birds of prey) listed in Sec.10.13 
of this subchapter unless the activities are allowed by Federal permit 
issued under this part and part 13 of this chapter, or as permitted by 
regulations in this part.
    (i) This section covers all Falconiformes (vultures, kites, eagles, 
hawks, caracaras, and falcons) and all Strigiformes (owls) listed in 
Sec.10.13 of this subchapter (``native'' raptors), and applies to any 
person who possesses one or more wild-caught, captive-bred, or hybrid 
raptors protected under the MBTA to use in falconry.
    (ii) The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, 
54 Stat. 250) provides for the taking of golden eagles from the wild to 
use in falconry.

[[Page 87]]

It specifies that the only golden eagles that may be taken from the wild 
for falconry are those that would be taken because of depredations on 
livestock or wildlife (16 U.S.C. 668a).
    (2) ``Possession'' and short-term handling of a falconry raptor. We 
do not consider short-term handling, such as letting any other person 
hold or practice flying a raptor you possess under your permit, to be 
possession for the purposes of this section if you are present and the 
person is under your supervision.
    (3) Regulatory year for governing falconry. For determining 
possession and take of raptors for falconry, a year is any 12-month 
period for take defined by the State, tribe, or territory.
    (b) Federal approval of State, tribal, and territorial falconry 
programs--(1) General. (i) A State (including the District of Columbia), 
tribe, or territory under the jurisdiction of the United States that 
wishes to allow falconry must establish laws and regulations (hereafter 
referred to as laws) that meet the standards established in this 
section. To allow the practice of falconry on tribal lands by tribal 
members or residents, a tribe may either certify that it has adopted 
Service-approved State laws if those laws are fully enforceable on 
tribal lands, or issue its own laws and request our approval.
    (ii) State, tribal, or territorial laws may be more restrictive than 
these Federal standards but may not be less restrictive. For instance, a 
State, tribe, or territory may choose not to allow possession of some 
species of raptors otherwise allowed in this section. State, tribal, and 
territorial laws must be consistent with the terms contained in any 
convention between the United States and any foreign country for the 
protection of raptors and the Migratory Bird Treaty Act.
    (2) Reporting. (i) The State, tribe, or territory must work with us 
to ensure that the electronic 3-186A reporting system (http://
permits.fws.gov/186A) for reporting take, transfers, and loss of 
falconry birds is fully operational for residents of that jurisdiction.
    (ii) If you are required to submit a report or other information 
under this section, you must either enter the required information in 
the electronic database at http://permits.fws.gov/186A, or at http://
www.wildlife.ca.gov/FalconryReporting if you are a resident of 
California, or submit a paper form 3-186A to your State, tribal, or 
territorial agency that governs falconry.
    (3) Federal approval and terms. If we concur that the regulations 
and the examination meet the requirements of this section, we will 
publish a rule in the Federal Register adding the State, tribe, or 
territory to the list of those approved for allowing the practice of 
falconry. We will terminate Federal falconry permitting in any State 
certified under these regulations on January 1st of the calendar year 
following publication of the rule.
    (4) Review of a State, tribal, or territorial falconry program. We 
may review the administration of an approved State's, tribe's, or 
territory's falconry program if complaints from the public or law 
enforcement investigations indicate the need for a review or for 
revisions to the State's, tribe's, or territory's laws, or falconry 
examination. The review may involve, but is not limited to:
    (i) Inspecting falconers' facilities to ensure that the facilities 
standards in this section are met;
    (ii) Processing time of applications;
    (iii) Reviewing approved applications for completeness;
    (iv) Determining that permits issued are appropriate for the 
experience of the applicants;
    (v) Determining the adequacy of the State's, tribe's, or territory's 
recordkeeping for the needs of State, tribal, or territorial and Federal 
law enforcement;
    (vi) Reviewing laws to determine if they meet the requirements of 
this section; and
    (vii) Reviewing a revised falconry examination to determine if it 
meets the requirements of this section.
    (5) Suspension of a State's, tribe's, or territory's certification. 
(i) We may propose to suspend, and may suspend, the approval of a State, 
tribal, or territorial falconry program in accordance with the 
procedures in paragraph (b)(5)(ii) of this section if we determine that 
the State, tribe, or territory has

[[Page 88]]

deficiencies in one or more items in paragraph (b)(4) of this section.
    (ii) When we propose to suspend approval of a State, tribal, or 
territorial falconry program, we will first provide written notice to 
the State, tribe, or territory. Any such notice will include the basis 
for our determination that suspension is warranted. We will identify the 
actions that would, if implemented by the State, tribe, or territory, 
allow us to cancel the proposed suspension of approval.
    (iii) The State, tribe, or territory will have 2 years from the date 
of our notification to correct the deficiencies. The State, tribe, or 
territory must respond in writing within that time to the proposed 
suspension, specifying the reasons why the certification should not be 
suspended. We will give due consideration to any objections and evidence 
raised by the State, tribe, or territory.
    (iv) If we continue to believe that suspension is warranted, we will 
provide written notice of suspension, including the rationale for 
suspension, and respond to any objections to the suspension.
    (A) The suspension of approval of the State's, tribe's, or 
territory's falconry program will be effective 180 days from the date of 
the Service's final notification of suspension.
    (B) The State, tribe, or territory must then inform all falconry 
applicants and permittees of the impending cancellation of permitting.
    (v) We will honor all falconry permits in that jurisdiction for 2 
years from the date of our final notification of suspension of 
certification. At the end of the 2 years, you must transfer all raptors 
(including captive-bred raptors) held under permits from the State, 
tribal, or territorial falconry program to other falconry permittees in 
other States or territories, or to Federal raptor propagation or 
education permittees, institutions exempt from the Federal permit 
requirements, or permanently released to the wild (if it is allowed by 
the State, tribe, or territory and by this section), or euthanized. 
However, you may not permanently release hybrid raptors to the wild.
    (6) Appeal of a decision to suspend State, tribal, or territorial 
certification. The State, tribe, or territory may appeal a decision to 
suspend certification to the Director within 180 days of the date of the 
Director's decision. The Director will then respond to the State, tribe, 
or territory within 180 days of receipt of the appeal. The State, tribe, 
or territory certification will remain effective until the Director 
makes a final decision on the appeal.
    (7) Recertification of compliance with this section if a State's, 
tribe's, or territory's falconry permitting authority has been 
suspended. If a State, tribe, or territory has had its falconry 
permitting authority suspended but has corrected its problems, it must 
submit a request for approval of its permitting activities. We will then 
either recertify the program, or report in writing why we do not believe 
that earlier permitting problems have been rectified.
    (8) Authority to suspend or revoke a falconry permit issued by a 
State, tribe, or territory. Suspension or revocation of a falconry 
permit is the responsibility of the State, tribe, or territory. However, 
compliance with all provisions of these regulations remains under the 
purview of the Fish and Wildlife Service.
    (9) Standards in effect in your place of residence. If you live in 
any State except Hawaii, you may practice falconry as permitted in these 
regulations if you have a falconry permit from your State, tribe, or 
territory.
    (c) Practicing falconry--(1) Permits and inspections to practice 
falconry. You must have a valid falconry permit from the State, tribe, 
or territory in which you reside (or the tribe on whose land you wish to 
practice falconry if you reside on tribal land or are a tribal member), 
to take, possess, or transport raptors for falconry, or to hunt with 
them. Depending on the game you hunt as a falconer and where you hunt, 
you also may need a Federal Migratory Bird Hunting and Conservation 
Stamp (a ``Duck Stamp''), and State, tribal, or territorial hunting 
permits or stamps to hunt with a raptor.
    (i) Some State, tribal, territorial, or local governments may 
require you to have additional permits or licenses to practice falconry 
or to take a raptor from the wild.

[[Page 89]]

    (ii) You must comply with all regulations governing migratory bird 
permitting.
    (iii) If you reside for more than 120 consecutive days in a State or 
territory or on tribal lands other than the location of your primary 
residence, your falconry facilities in the second location must meet the 
standards in paragraph (d) of this section and of the corresponding 
State, tribal, or territorial lands, and your facilities must be listed 
on your falconry permit.
    (2) Classes of permit to practice falconry. We recognize Apprentice, 
General, and Master Falconer levels. Each State, tribe, or territory may 
have any number of permit levels, but the standards for them must be at 
least as restrictive as these Federal standards. Your State, tribe, or 
territory may have more restrictive laws or regulations governing 
falconry.
    (i) Requirements and possession options for an Apprentice Falconer.
    (A) You must be at least 12 years of age.
    (B) If you are under 18 years of age, a parent or legal guardian 
must sign your application and is legally responsible for your 
activities.
    (C) You must have a letter from a Master Falconer or a General 
Falconer with a valid State, tribal, or territorial falconry permit who 
is at least 18 years old and has at least 2 years experience at the 
General Falconer level, stating that he or she will assist you, as 
necessary, in:
    (1) Learning about the husbandry and training of raptors held for 
falconry;
    (2) Learning and about relevant wildlife laws and regulations, and
    (3) Deciding what species of raptor is appropriate for you to 
possess while an Apprentice.
    (D) Regardless of the number of State, tribal, or territorial 
falconry permits you have, you may possess no more than one raptor for 
use in falconry.
    (E) You may take raptors less than 1 year old, except nestlings, 
from the wild during any period or periods specified by the State, 
tribe, or territory. You may take any raptor species from the wild 
except a federally listed threatened or endangered species or the 
following species: Bald eagle (Haliaeetus leucocephalus), white-tailed 
eagle (Haliaeetus albicilla), Steller's sea-eagle (Haliaeetus 
pelagicus), golden eagle (Aquila chrysaetos), American swallow-tailed 
kite (Elanoides forficatus), Swainson's hawk (Buteo swainsoni), 
peregrine falcon (Falco peregrinus), flammulated owl (Otus flammeolus), 
elf owl (Micrathene whitneyi), and short-eared owl (Asio flammeus).
    (F) You may possess a raptor of any Falconiform or Strigiform 
species, including wild, captive-bred, or hybrid individuals, except a 
federally listed threatened or endangered species, a bald eagle 
(Haliaeetus leucocephalus), a white-tailed eagle (Haliaeetus albicilla), 
a Steller's sea-eagle (Haliaeetus pelagicus), or a golden eagle (Aquila 
chrysaetos).
    (G) You do not need to capture a wild raptor yourself; it can be 
transferred to you by another falconry permittee.
    (H) You may not possess a raptor taken from the wild as a nestling.
    (I) You may not possess a bird that is imprinted on humans.
    (J) Your raptor facilities must pass inspection by your State, 
tribe, or territory before you may be granted a permit.
    (ii) Requirements and possession options for a General Falconer.
    (A) You must be at least 16 years of age.
    (B) If you are 16 or 17 years of age, a parent or legal guardian 
must sign your application and must be legally responsible for your 
activities.
    (C) You must submit a document from a General Falconer or Master 
Falconer (preferably your sponsor) to your State, tribal, or territorial 
wildlife agency stating that you have practiced falconry with raptor(s) 
at the Apprentice Falconer level or equivalent for at least 2 years, 
including maintaining, training, flying, and hunting the raptor(s) for 
least 4 months in each year. That practice may include capture and 
release of falconry raptors.
    (D) You may not substitute any falconry school program or education 
to shorten the period of 2 years at the Apprentice level.
    (E) You may take and possess any species of Falconiform or 
Strigiform except a golden eagle, a bald eagle, a

[[Page 90]]

white-tailed eagle, or a Steller's sea-eagle. You may use captive-bred 
individuals and hybrids of the species you are allowed to possess.
    (F) Regardless of the number of State, tribal, or territorial 
falconry permits you have, you may possess no more than 3 raptors.
    (iii) Requirements and possession options for a Master Falconer.
    (A) You must have practiced falconry with your own raptor(s) at the 
General Falconer level for at least 5 years.
    (B) You may take and possess any species of Falconiform or 
Strigiform except a bald eagle. However, you may take and possess a 
golden eagle, a white-tailed eagle, or a Steller's sea eagle only if you 
meet the qualifications set forth under paragraph (c)(2)(iv).
    (C) You may possess any captive-bred individuals or hybrids of 
species your State, tribe, or territory allows you to possess for use in 
falconry.
    (D) Regardless of the number of State, tribal, or territorial 
falconry permits you have, you may possess no more than 5 wild raptors, 
including golden eagles.
    (E) You may possess any number of captive-bred raptors. However, you 
must train them in the pursuit of wild game and use them in hunting.
    (iv) If you meet the requirements in paragraph (c) of this section 
for falconry you may possess up to 3 eagles of the following species: 
golden eagle, white-tailed eagle, or Steller's sea eagle.
    (A) Your State, tribal, or territorial agency that regulates 
falconry must document the following before approving your request to 
possess an eagle to use in falconry:
    (1) Your experience in handling large raptors, including information 
about the species you have handled and the type and duration of the 
activity in which you gained the experience.
    (2) At least two letters of reference from people with experience 
handling and/or flying large raptors such as eagles, ferruginous hawks, 
goshawks (Accipiter gentilis), or great horned owls (Bubo virginianus). 
Each must contain a concise history of the author's experience with 
large raptors, which can include, but is not limited to, handling of 
raptors held by zoos, rehabilitating large raptors, or scientific 
studies involving large raptors. Each letter must also assess your 
ability to care for eagles and fly them in falconry.
    (B) A golden eagle, white-tailed eagle, or Steller's sea-eagle you 
hold will count as one of the raptors you are allowed to possess for use 
in falconry.
    (3) Taking a test to qualify for a falconry permit. Before you are 
issued an Apprentice permit you must correctly answer at least 80 
percent of the questions on an examination administered by the State, 
tribe, or territory under which you wish to obtain a falconry permit. 
The examination must cover care and handling of falconry raptors, 
Federal, State or territorial, and tribal (if applicable) laws and 
regulations relevant to falconry, and other appropriate subject matter. 
Contact your State, tribal, or territorial agency that regulates 
falconry for information about permits and taking the test.
    (4) Reinstatement of a lapsed falconry permit if your State, tribe, 
or territory allows it. (i) If your permit has lapsed for fewer than 5 
years, it may be reinstated at the level you held previously if you have 
proof of your certification at that level.
    (ii) If your permit has lapsed for 5 years or longer, you must 
correctly answer at least 80 percent of the questions on an examination 
administered by the State, tribe, or territory in which you wish to 
obtain a falconry permit. If you pass the exam, your permit may be 
reinstated at the level you previously held. Your facilities must pass 
State, tribal, or territorial inspection before you may possess a 
falconry bird.
    (5) Permit to practice falconry at an appropriate level if you have 
experience in falconry but are a new resident in the United States. You 
may qualify for the falconry permit appropriate for your experience. To 
demonstrate your knowledge of U.S. falconry laws and regulations, you 
must correctly answer at least 80 percent of the questions on the 
supervised examination for falconers administered by the State, tribe, 
or territory under which you wish to obtain a falconry permit. If you

[[Page 91]]

pass the test, the State, tribe, or territory will decide for which 
level of falconry permit you are qualified, consistent with the class 
requirements in paragraph (c)(2) of this section. To do so, the State, 
tribe, or territory should base its decision on your documentation of 
your experience. Your falconry facilities must meet the standards in 
paragraph (d)(1) of this section before you may keep a raptor to use in 
falconry.
    (6) Banding or tagging raptors used in falconry. (i) If you take a 
goshawk, Harris's hawk (Parabuteo unicinctus), peregrine falcon (Falco 
peregrinus), or gyrfalcon (Falco rusticolus) from the wild or acquire 
one from another falconer or a rehabilitator, and if the raptor is not 
already banded, you must band it with a permanent, nonreusable, numbered 
U.S. Fish and Wildlife Service leg band that your State, tribal, or 
territorial agency will supply. If you wish, you may purchase and 
implant an ISO (International Organization for Standardization)-
compliant (134.2 kHz) microchip in addition to the band. You must report 
the band number when you report your acquisition of the bird. Contact 
your State, tribal, or territorial agency for information on obtaining 
and disposing of bands. Within 10 days from the day on which you take 
the raptor from the wild, you must report take of the bird by submitting 
the required information (including the band number) using one of the 
methods listed in paragraph (b)(2)(ii) of this section. You may request 
an appropriate band from your State, tribal, or territorial agency in 
advance of any effort to capture a raptor. Your State, tribe, or 
territory may require that you band other species taken from the wild.
    (ii) A raptor bred in captivity must be banded with a seamless metal 
band (see Sec.21.30). If you must remove a seamless band or if it is 
lost, within 10 days from the day you remove or note the loss of the 
band, you must report it and request a replacement U.S. Fish and 
Wildlife Service nonreusable band from your State, tribe, or territory. 
You must submit the required information using one of the methods listed 
in paragraph (b)(2)(ii) of this section. You must replace a seamless 
band that is removed or lost. You may implant an ISO-compliant (134.2 
kHz) microchip in a falconry raptor in addition to the seamless band.
    (iii) If the band must be removed or is lost from a raptor in your 
possession, you must report the loss of the band within 5 days, and you 
must then do at least one of the following:
    (A) Request a U.S. Fish and Wildlife Service nonreusable band from 
your State, tribal, or territorial agency that regulates falconry. You 
must submit the required information within 10 days of rebanding the 
raptor using one of the methods listed in paragraph (b)(2)(ii) of this 
section.
    (B) Purchase and implant an ISO-compliant (134.2 kHz) microchip in 
the bird and report the microchip information using one of the methods 
listed in paragraph (b)(2)(ii) of this section.
    (iv) You must not alter, deface, or counterfeit a band. You may 
remove the rear tab on a band on a raptor you take from the wild, and 
you may smooth any imperfect surface if you do not affect the integrity 
of the band or the numbering on it.
    (v) If you document health or injury problems for a raptor you 
possess that are caused by the band, the State, tribe, or territory may 
provide an exemption to the requirement for that raptor. In that case, 
you must keep a copy of the exemption paperwork with you when 
transporting or flying the raptor. If your bird is a wild goshawk, 
Harris's hawk, peregrine falcon, or gyrfalcon, you must replace the band 
with an ISO-compliant microchip that we will supply to your State, 
tribe, or territory. We will not provide a microchip for a wild goshawk, 
Harris's hawk, peregrine falcon, or gyrfalcon unless you have 
demonstrated that a band causes an injury or a health problem for the 
bird.
    (vi) You may not band a raptor removed from the wild with a seamless 
numbered band.
    (7) Carrying your permit(s) when conducting falconry activities. You 
must have your permit(s) or legible copies of them in your immediate 
possession if you are not at the location of your falconry facilities 
and you are trapping, transporting, working with, or flying your 
falconry raptor(s).

[[Page 92]]

    (8) Transporting a falconry raptor or raptors to other States or 
territories. If you have a valid falconry permit, you may possess and 
transport for falconry purposes a lawfully possessed raptor through 
other States or territories. However, any State, tribe, or territory may 
further regulate such transport.
    (d) Facilities and care requirements--(1) Facilities you must have 
and maintain. You must keep all raptors you hold under your falconry 
permit in humane and healthful conditions.
    (i) Whether they are indoors (a ``mews'') or outdoors (a 
``weathering area''), your raptor facilities must protect raptors in 
them from the environment, predators, and domestic animals. You are 
responsible for the maintenance and security (protection from predators) 
of raptors you possess under your permit.
    (ii) You must have raptor housing facilities approved by your State, 
tribe, or territory before you may obtain a bird to use in falconry. 
Your State, tribe, or territory may require that you have both indoor 
and outdoor facilities. A representative of your agency that regulates 
falconry, or its designee, must certify that your facilities and 
equipment meet the following standards:
    (A) For housing raptors indoors or outdoors, the facility must 
protect raptors from predators and domestic animals.
    (1) The facility must have a suitable perch for each raptor, at 
least one opening for sunlight, and must provide a healthy environment 
for raptors inside.
    (2) You may house untethered raptors together if they are compatible 
with each other.
    (3) Each raptor must have an area large enough to allow it to fly if 
it is untethered or, if tethered, to fully extend its wings or bate 
(attempt to fly while tethered) without damaging its feathers or 
contacting other raptors.
    (4) Each falconry bird must have access to a pan of clean water 
unless weather conditions, the perch type used, or some other factor 
makes access to a water pan unsafe for the raptor.
    (B) An indoor facility must be large enough to allow easy access for 
the care and feeding of raptors kept there.
    (1) If raptors you house in this indoor facility are not tethered, 
all walls that are not solid must be protected on the inside. Suitable 
materials may include vertical bars spaced narrower than the width of 
the body of the smallest raptor you house in the enclosure. However, 
heavy-duty netting or other such materials may be used to cover the 
walls or roof of the enclosure.
    (2) Acceptable indoor facilities include shelf perch enclosures 
where raptors are tethered side by side. Other innovative housing 
systems are acceptable if they provide the enclosed raptors with 
protection and allow them to maintain healthy feathers.
    (3) An eyas raptor may be kept in any suitable container or 
enclosure until it is capable of flight.
    (C) You may keep a falconry raptor or raptors inside your place of 
residence if you provide a suitable perch or perches. If you house your 
raptor(s) inside your home, you do not need to modify windows or other 
openings of the structure. Raptors kept in your home must be tethered 
when they are not being moved into or out of the location in which they 
are kept.
    (D) An outdoor facility must be totally enclosed, and may be made of 
heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other 
suitable material.
    (1) The facility must be covered and have at least a covered perch 
to protect a raptor held in it from predators and weather.
    (2) The facility must be large enough to insure that the birds 
cannot strike the enclosure when flying from the perch.
    (3) New types of housing facilities and/or husbandry practices may 
be used if they satisfy the requirements above and are approved by the 
State, tribal, or territorial authority regulating falconry.
    (iii) You may keep falconry raptors outside in the open if they are 
under watch, such as by you or a family member at any location or, for 
example, by a designated individual in a weathering yard at a falconry 
meet.

[[Page 93]]

    (iv) You must inform your State, tribal, or territorial agency 
within 5 business days if you change the location of your facilities.
    (2) Falconry facilities on property you do not own--(i) Your 
falconry facilities may be on property owned by another person where you 
reside, or at a different location. Regardless of location, the 
facilities must meet the standards in paragraph (d)(1) of this section 
and those of the State, tribe, or territory from which you have a 
falconry permit.
    (ii) You must submit to your State, tribal, or territorial agency 
that regulates falconry a signed and dated statement showing that you 
agree that the falconry facilities and raptors may be inspected without 
advance notice by State, tribal (if applicable), or territorial 
authorities at any reasonable time of day, but you must be present. If 
your facilities are not on property that you own, you must submit a 
signed and dated statement showing that the property owner agrees that 
the falconry facilities and raptors may be inspected by State, tribal 
(if applicable), or territorial authorities at any reasonable time of 
day in the presence of the property owner; except that the authorities 
may not enter the facilities or disturb the raptors unless you are 
present.
    (3) Equipment you must have and maintain. You must have jesses or 
the materials and equipment to make them, leash and swivel, bath 
container, and appropriate scales or balances for weighing raptor(s) you 
possess.
    (4) Facilities you must have for a raptor when you are transporting 
it, using it for hunting, or are away from your home with it. You must 
be sure that the bird has a suitable perch and is protected from extreme 
temperatures, wind, and excessive disturbance. A ``giant hood'' or 
similar container is acceptable for transporting or housing a raptor 
when you are away from the permanent facility where it is housed.
    (5) Temporarily housing a raptor outside of your permanent 
facilities when you are not transporting it or using it for hunting. You 
may house a raptor in temporary facilities for no more than 120 
consecutive calendar days if the bird has a suitable perch and is 
protected from predators, domestic animals, extreme temperatures, wind, 
and excessive disturbance.
    (6) Care of falconry raptors by another falconry permittee. Another 
falconry permittee may care for a raptor or raptors for you at your 
facilities or at that person's facilities for up to 120 consecutive 
calendar days. The other person must have a signed and dated statement 
from you authorizing the temporary possession, plus a copy of FWS form 
3-186A that shows that you are the possessor of each of the raptors. The 
statement must include information about the time period for which he or 
she will keep the raptor(s), and about what he or she is allowed to do 
with it or them.
    (i) Your raptor(s) will remain on your falconry permit, and will not 
be counted against the possession limit of the person caring for your 
raptors.
    (ii) If the person caring for your raptor(s) holds the appropriate 
level falconry permit, he or she may fly your raptor(s) in whatever way 
you authorize, including hunting.
    (iii) This care of your raptors may be extended indefinitely in 
extenuating circumstances, such as illness, military service, or for a 
family emergency. The State, tribe, or territory may consider such 
instances on a case-by-case basis.
    (7) Care of falconry raptors by someone who does not have a falconry 
permit. Another person may care for falconry birds you possess at your 
facilities for up to 45 consecutive calendar days.
    (i) The raptor(s) will remain on your falconry permit.
    (ii) The raptors must remain in your facilities.
    (iii) This care may be extended indefinitely in extenuating 
circumstances, such as illness, military service, or for a family 
emergency.
    (iv) The person(s) caring for your raptors may not fly them for any 
reason.
    (8) Residence part of the year in another jurisdiction. (i) The 
State, tribe, or territory in which you live part-time may require that 
you obtain its falconry permit. You must contact the State, tribal, or 
territorial agency that regulates falconry to determine whether you need 
a permit.
    (ii) If you live for more than 120 consecutive days in a State or 
territory or

[[Page 94]]

on tribal lands other than where you maintain your primary residence, 
your falconry facilities in the second State must meet the standards in 
this section.
    (9) Inspections. Falconry equipment and records may be inspected in 
the presence of the permittee during business hours on any day of the 
week by State, tribal, or territorial officials.
    (e) Taking, possessing, and transporting raptors for falconry--(1) 
Raptor species you may take from the wild to use for falconry. (i) You 
may not intentionally capture a raptor species that your classification 
as a falconer does not allow you to possess for falconry. If you capture 
a bird you are not allowed to possess, you must release it immediately.
    (ii) On some tribal lands and in some States there may be State, 
tribal, or Federal restrictions on the take or use of these species, and 
you may need a tribal or State permit or permits to capture a bird.
    (iii) State, tribal, or territorial regulations on take may be more 
restrictive than those in this section.
    (iv) Take of any species must be in compliance with these 
regulations.
    (v) If you are a Master Falconer and your State, tribe, or territory 
allows you to possess golden eagles, in any year you may take up to two 
golden eagles from the wild and only in a livestock depredation area 
during the time the depredation area and associated depredation permit 
or depredation control order are in effect. A livestock depredation area 
is declared by USDA Wildlife Services and permitted under Sec.22.23, 
or upon the request of a State governor and authorized by the Service 
Director pursuant to Sec. Sec.22.31 and 22.32.
    (2) How and when you may take raptors from the wild to use in 
falconry. You may take no more than two raptors from the wild each year 
to use in falconry.
    (i) If you transfer a bird you take from the wild to another 
permittee in the same year in which you capture it, the bird will count 
as one of the raptors you are allowed to take from the wild that year; 
it will not count as a capture by the recipient, though it will always 
be considered a wild bird.
    (ii) If you are a General or Master Falconer, you may remove 
nestlings from a nest or aerie in accordance with tribal (if 
applicable), State, territorial, and Federal restrictions.
    (iii) You may not take raptors at any time or in any manner that 
violates any law of the State, tribe, or territory on whose land you are 
trapping.
    (iv) If you are responsible for reporting take of a raptor from the 
wild, use one of the methods listed in paragraph (b)(2)(ii) of this 
section. You must do this at your first opportunity to do so, but no 
later than 10 days after the capture of the bird.
    (v) If you are present at the capture site, even if another person 
captures the bird for you, you are considered the person who removes the 
bird from the wild. You are responsible for filing a 3-186A form 
reporting take of the bird from the wild. This would occur, for example, 
if another person climbs a tree or rappells down a cliff and takes a 
nestling for you and gives it to you at the tree or cliff.
    (vi) If you are not at the immediate location where the bird is 
taken from the wild, the person who removes the bird from the wild must 
be a General or Master Falconer, and must report take of the bird. If 
that person then transfers the bird to you, you must both file 3-186A 
forms reporting the transaction at your first opportunity to do so, but 
no later than 10 days after the transfer. The bird will count as one of 
the two raptors the person who took it from the wild is allowed to 
capture in any year. The bird will not count as a bird you took from the 
wild. The person who takes the bird from the wild must report the take 
even if he or she promptly transfers the bird to you.
    (vii) If you have a long-term or permanent physical impairment that 
prevents you from attending the capture of a species you can use for 
falconry, a General or Master Falconer may capture a bird for you. You 
are then responsible for filing a 3-186A form reporting take of the bird 
from the wild, and the bird will count against the take of wild raptors 
that you are allowed in any year.
    (viii) You must promptly release any bird you capture 
unintentionally.
    (3) Other restrictions on taking raptors from the wild for falconry. 
(i) If you are a General or Master Falconer, you may

[[Page 95]]

take only raptors less than 1 year of age from the wild during any 
period or periods specified by the State, tribe, or territory. However, 
you may take an American kestrel or great horned owl of any age from the 
wild during any period or periods specified by the State, tribe, or 
territory.
    (ii) If you are a Master Falconer authorized to possess golden 
eagles for use in falconry, you may capture a golden eagle in a 
livestock or wildlife depredation area during the time the depredation 
area and associated depredation permit or depredation control order are 
in effect.
    (A) You may capture an immature or subadult golden eagle.
    (B) You may take a nestling from its nest in a livestock depredation 
area if a biologist representing the agency responsible for declaring 
the depredation area has determined that the adult eagle is preying on 
livestock or wildlif
    (C) You may take a nesting adult golden eagle only if a biologist 
representing the agency responsible for declaring the depredation area 
has determined that the adult eagle is preying on livestock or wildlife 
and that any nestling of the adult will be taken by a falconer 
authorized to possess it or by the biologist and transferred to an 
individual authorized to possess it.
    (D) You must determine the locations of the livestock or wildlife 
depredation areas declared by USDA Wildlife Services, or published in 
the Federal Register by the Service in response to a State governor's 
request. We will not notify you about them.
    (E) Before you begin any trapping activities, you must inform our 
regional Law Enforcement office of your capture plans. You must notify 
the office in person, in writing, or via facsimile or email at least 3 
business days before you start trapping. You may send an email with your 
trapping plans to [email protected], or you may deliver your 
trapping plans in person or by mail to the Law Enforcement office in 
your region at the applicable street address provided at 50 CFR 2.2. 
Telephone and fax numbers are as follows:

------------------------------------------------------------------------
                                                Law
                                            enforcement         Law
                 Region                       office        enforcement
                                             telephone      office fax
                                              number          number
------------------------------------------------------------------------
1.......................................    503-231-6125    503-231-2193
2.......................................    505-248-7889    505-248-7899
3.......................................    612-713-5320    612-713-5283
4.......................................    404-679-7057    404-679-7065
5.......................................    413-253-8274    413-253-8459
6.......................................    303-236-7540    303-236-7901
7.......................................    907-786-3311    907-786-3313
8.......................................    916-414-6660    916-414-6715
------------------------------------------------------------------------

    (F) You also must meet all requirements of the State or territory in 
which you plan to trap, or the tribe on whose lands you plan to trap.
    (G) You must have permission from the landowner to capture an eagle; 
or if you wish to capture one on public land, the responsible agency 
must allow it.
    (iii) You may recapture a falconry bird you have lost at any time. 
We do not consider recapture of a wild bird to be taking a bird from the 
wild.
    (iv) You may recapture a raptor wearing falconry equipment or a 
captive-bred bird at any time - even if you are not allowed to possess 
the species. The bird will not count against your possession limit, nor 
will its take from the wild count against your limit. You must report 
your recapture of the bird to your State, tribal, or territorial agency 
that regulates falconry no more than 5 working days after the recapture. 
You must return a recaptured falconry bird to the person who lost it, if 
that person may legally possess it. Disposition of a bird whose legal 
possession cannot be determined will be at the discretion of the State, 
tribe, or territory.
    (v) You may take any raptor that you are authorized to possess from 
the wild if the bird is banded with a Federal Bird Banding Laboratory 
aluminum bandexcept that you may not take a banded peregrine falcon from 
the wild.
    (A) If a raptor (including a peregrine falcon) you capture is marked 
with a seamless metal band, a transmitter, or any other item identifying 
it as a falconry bird, you must report your capture of the bird to your 
State, tribal, or territorial agency that regulates falconry no more 
than 5 working days after the capture. You must return a recaptured 
falconry bird to the person who lost it. If that person cannot possess 
the bird or does not wish to possess it, you may keep it. Otherwise,

[[Page 96]]

disposition of a bird whose legal possession cannot be determined will 
be at the discretion of the State, tribe, or territory. While you keep a 
bird for return to the person who lost it, the bird will not count 
against your possession limit or your limit on take of raptors from the 
wild if you have reported possessing the bird to your State, tribal, or 
territorial falconry permit office.
    (B) If you capture a peregrine falcon that has a research band (such 
as a colored band with alphanumeric codes) or a research marking 
attached to it, you must immediately release the bird, except that if 
the falcon has a transmitter attached to it, you are authorized to 
possess the bird up to 30 days if you wish to contact the researcher to 
determine if he or she wishes to replace the transmitter or its 
batteries. If the researcher wishes to do so, or to have the transmitter 
removed, the researcher or his or her designee can make the change or 
allow you to do so before you release the bird. If the researcher does 
not wish to keep the transmitter on the falcon, you may keep the bird if 
you captured it in circumstances in which capture of wild peregrines is 
allowed.
    (C) If a raptor you capture has any other band, research marking, or 
transmitter attached to it, you must promptly report the band numbers 
and all other relevant information to the Federal Bird Banding 
Laboratory at 1-800-327-2263.
    (1) You may contact the researcher and determine if he or she wishes 
to replace a transmitter attached to a bird you capture. If so, you are 
authorized to possess the bird up to 30 days until the researcher or his 
or her designee does so, or until you can replace it yourself. 
Disposition of the bird will be at the discretion of the researcher and 
your State, tribal, or territorial agency that regulates falconry.
    (2) If you possess such a bird temporarily, it will not count 
against your possession limit for falconry raptors.
    (vi) You must leave at least one young from any nest or aerie from 
which you take a nestling.
    (vii) If you are an Apprentice Falconer, you may not take a nestling 
from the wild.
    (viii) If you are a Master Falconer with a permit to do so, you may 
take, transport, or possess up to three eagles, including golden eagles, 
white-tailed eagles, or Steller's sea-eagles, subject to the 
requirements in paragraph (c)(2)(iv) of this section and Sec.22.24 of 
this part. A golden eagle, white-tailed eagle, or Steller's sea-eagle 
you possess counts as a bird to be included under your possession limit.
    (ix) If you are a General or Master Falconer, you may take no more 
than one bird of a threatened species from the wild each year if the 
regulations in part 17 of this subchapter allow it and if you obtain a 
Federal endangered species permit to do so before you take the bird. You 
also may need a State, tribal, or territorial endangered species permit 
to take a listed species.
    (4) Take of a species or subspecies that was recently removed from 
the Federal List of Endangered and Threatened Wildlife to use in 
falconry. We must first publish a management plan for the species. If 
take is allowed in the management plan, you may do so in accordance with 
the provisions for take in the plan.
    (5) Raptors injured due to falconer trapping efforts. You have two 
options for dealing with a bird injured by your trapping efforts. In 
either case, you are responsible for the costs of care and 
rehabilitation of the bird.
    (i) You may put the bird on your falconry permit. You must report 
take of the bird using one of the methods listed in paragraph (b)(2)(ii) 
of this section at your first opportunity to do so, but no more than 10 
days after capture of the bird. You must then have the bird treated by a 
veterinarian or a permitted wildlife rehabilitator. The bird will count 
against your possession limit.
    (ii) You may give the bird directly to a veterinarian, or a 
permitted wildlife rehabilitator, or an appropriate wildlife agency 
employee. If you do so, it will not count against your allowed take or 
the number of raptors you may possess.
    (6) Acquisition, transfer, loss, or rebanding of a raptor. (i) If 
you acquire a raptor; transfer, reband, or microchip a raptor; if a 
raptor you possess is stolen; if you lose a raptor to the wild and you

[[Page 97]]

do not recover it within 30 days; or if a bird you possess for falconry 
dies; you must report the change within 10 days using one of the methods 
listed in paragraph (b)(2)(ii) of this section.
    (ii) If a raptor you possess is stolen, you must report the theft to 
your State, tribal, or territorial agency that regulates falconry and to 
your Fish and Wildlife Service Regional Law Enforcement office (see 
paragraph (e)(3)(ii)(E) of this section) within 10 days of the theft of 
the bird.
    (iii) You must keep copies of all electronic database submissions 
documenting take, transfer, loss, rebanding or microchipping of each 
falconry raptor until 5 years after you have transferred or lost the 
bird, or it has died.
    (7) Acquiring a bird for falconry from a permitted rehabilitator. 
You may acquire a raptor of any age of a species that you are permitted 
to possess directly from a rehabilitator. Transfer to you is at the 
discretion of the rehabilitator.
    (i) If you acquire a bird from a rehabilitator, within 10 days of 
the transaction you must report it using one of the methods listed in 
paragraph (b)(2)(ii) of this section.
    (ii) If you acquire a bird from a rehabilitator, it will count as 
one of the raptors you are allowed to take from the wild that year.
    (8) Flying a hybrid raptor in falconry. When flown free, a hybrid 
raptor must have attached at least two functioning radio transmitters to 
help you to locate the bird.
    (9) Releasing a falconry bird to the wild. You must follow all 
applicable State or territorial and Federal laws and regulations before 
releasing a falconry bird to the wild.
    (i) If the raptor you wish to release is not native to the State or 
territory, or is a hybrid of any kind, you may not permanently release 
the bird to the wild. You may transfer it to another falconry permittee.
    (ii) If the species you wish to release is native to the State or 
territory and is captive-bred, you may not release the bird to the wild 
unless you have permission from the State, tribe, or territory to 
release the bird. If you are permitted to do so, you must hack the bird 
(allow it to adjust) to the wild at an appropriate time of year and an 
appropriate location. You must remove its falconry band (if it has one) 
and report release of the bird by submitting the required information 
using one of the methods listed in paragraph (b)(2)(ii) of this section.
    (iii) If the species you wish to release is native to the State and 
was taken from the wild, you may release the bird only at an appropriate 
time of year and an appropriate location. You must remove its falconry 
band and report release of the bird by submitting the required 
information using one of the methods listed in paragraph (b)(2)(ii) of 
this section.
    (10) Restrictions on transfers of falconry raptors from other 
falconers. We do not restrict the number of wild-caught or captive-bred 
raptors transferred to you, but you may not exceed your possession 
limit.
    (f) Additional information on the practice of falconry--(1) Raptors 
removed from the wild for falconry are always considered ``wild'' 
raptors. No matter how long such a bird is held in captivity or whether 
it is transferred to another permittee or permit type, it is always 
considered a ``wild'' bird. However, it is considered to be taken from 
the wild only by the person who originally captured it. We do not 
consider the raptor to be taken from the wild by any subsequent 
permittee to whom it is legally transferred.
    (2) ``Hacking'' of falconry raptors. Hacking (temporary release to 
the wild) is an approved method for falconers to condition raptors for 
falconry. If you are a General Falconer or a Master Falconer, you may 
hack a falconry raptor or raptors.
    (i) You may need permission from your State, tribal, or territorial 
wildlife agency to hack a bird you possess for falconry. Check with your 
State, tribal, or territorial agency that regulates falconry to 
determine if hacking is allowed.
    (ii) Any bird you are hacking counts against your possession limit 
and must be a species you are authorized to possess.
    (iii) Any hybrid you hack must have two attached functioning radio 
transmitters during hacking.

[[Page 98]]

    (iv) You may not hack a falconry bird near a nesting area of a 
Federally threatened or endangered bird species or in any other location 
where the raptor is likely to harm a Federally listed threatened or 
endangered animal species that might be disturbed or taken by your 
falconry bird. You should contact your State or territorial wildlife 
agency before hacking a falconry bird to ensure that this does not 
occur. You can contact the State Fish and Wildlife Service office in 
your State or territory for information on Federally-listed species.
    (3) Use of other falconry training or conditioning techniques. You 
may use other acceptable falconry practices, such as, but not limited 
to, the use of creance (tethered) flying, lures, balloons, or kites in 
training or conditioning falconry raptors. You also may fly falconry 
birds at bird species not protected under the Migratory Bird Treaty Act 
or at pen-raised animals.
    (4) Selling or trading raptors under a falconry permit. (i) If 
allowed by your State, tribe or territory, you may sell, purchase, or 
barter, or offer to sell, purchase, or barter captive-bred raptors 
marked with seamless bands to other permittees who are authorized to 
possess them.
    (ii) You may not purchase, sell, trade, or barter wild raptors. You 
may only transfer them.
    (5) Transfer of wild-caught raptors captured for falconry to another 
type of permit. Under some circumstances you may transfer a raptor to 
another permit type if the recipient of the bird (which could be you) 
possesses the necessary permits for the other activity.
    (i) If your State, tribe, or territory allows you to do so, you may 
transfer a wild-caught falconry bird to a raptor propagation permit 
after the bird has been used in falconry for at least 2 years (1 year 
for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American 
kestrel). When you transfer the bird, you must provide a copy of the 3-
186A form documenting acquisition of the bird by the propagator to the 
Federal migratory bird permit office that administers the propagation 
permit.
    (ii) You may transfer a wild-caught bird to another permit type in 
less than 2 years (1 year for a sharp-shinned hawk, a Cooper's hawk, a 
merlin, or an American kestrel) if the bird has been injured and a 
veterinarian or permitted wildlife rehabilitator has determined that the 
bird can no longer be flown for falconry.
    (A) Within 10 days of transferring the bird , you must provide a 
copy of the 3-186A form documenting acquisition of the bird to the 
Federal migratory bird permit office that administers the other permit 
type.
    (B) When you transfer the bird, you must provide a copy of the 
certification from the veterinarian or rehabilitator that the bird is 
not useable in falconry to the Federal migratory bird permits office 
that administers the other permit type.
    (6) Transfer of captive-bred falconry raptors to another type of 
permit. You may transfer captive-bred falconry raptors if the holder of 
the other permit type is authorized to possess the bird(s). Within 10 
days, you must report the transfer by submitting the required 
information using one of the methods listed in paragraph (b)(2)(ii) of 
this section.
    (7) Use of raptors held under a falconry permit in captive 
propagation. You may use raptors you possess for falconry in captive 
propagation if you or the person overseeing the propagation has the 
necessary permit(s) (see Sec.21.30). You do not need to transfer a 
bird from your falconry permit if you use it for fewer than 8 months in 
a year in captive propagation, but you must do so if you permanently 
transfer the bird for propagation. The bird must then be banded as 
required in Sec.21.30.
    (8) Use of falconry raptors in conservation education programs. If 
you are a General or Master Falconer, you may use a bird you possess in 
conservation education programs presented in public venues.
    (i) You do not need a Federal education permit to conduct 
conservation education activities using a falconry raptor held under a 
State, tribal, or territorial falconry permit.
    (ii) You may present conservation programs as an Apprentice Falconer 
if you are under the supervision of a General or Master Falconer when 
you do so.

[[Page 99]]

    (iii) You must use the bird primarily for falconry.
    (iv) You may charge a fee for presentation of a conservation 
education program. The fee may not exceed the amount required to recoup 
your costs.
    (v) In conservation education programs, you must provide information 
about the biology, ecological roles, and conservation needs of raptors 
and other migratory birds, although not all of these topics must be 
addressed in every presentation. You may not give presentations that do 
not address falconry and conservation education.
    (vi) You are responsible for all liability associated with 
conservation education activities you undertake (see 50 CFR 13.50).
    (9) Other educational uses of falconry raptors. You may allow 
photography, filming, or other such uses of falconry raptors to make 
movies or other sources of information on the practice of falconry or on 
the biology, ecological roles, and conservation needs of raptors and 
other migratory birds, though you may not be paid for doing so.
    (i) You may not use falconry raptors to make movies, commercials, or 
in other commercial ventures that are not related to falconry.
    (ii) You may not use falconry raptors for commercial entertainment; 
for advertisements; as a representation of any business, company, 
corporation, or other organization; or for promotion or endorsement of 
any products, merchandise, goods, services, meetings, or fairs, with the 
following exceptions:
    (A) You may use a falconry raptor to promote or endorse a nonprofit 
falconry organization or association.
    (B) You may use a falconry raptor to promote or endorse products or 
endeavors related to falconry, including, but not limited to items such 
as hoods, telemetry equipment, giant hoods, perches, materials for 
raptor facilities, falconry training and education materials, and 
scientific research and publication.
    (10) Assisting in rehabilitation of raptors to prepare them for 
release. If your State, tribe, or territory allows you to do so, and if 
you are a General or Master Falconer, you may assist a permitted 
migratory bird rehabilitator to condition raptors in preparation for 
their release to the wild. You may keep a bird you are helping to 
rehabilitate in your facilities.
    (i) The rehabilitator must provide you with a letter or form that 
identifies the bird and explains that you are assisting in its 
rehabilitation.
    (ii) You do not need to meet the rehabilitator facility standards. 
You need only meet the facility standards in this section; your 
facilities are not subject to inspection for compliance with the 
standards in Sec.21.31.
    (iii) You do not have to add any raptor you possess for this purpose 
to your falconry permit; it will remain under the permit of the 
rehabilitator.
    (iv) You must return any such bird that cannot be permanently 
released to the wild to the rehabilitator for placement within the 180-
day timeframe in which the rehabilitator is authorized to possess the 
bird, unless the issuing office authorizes you to retain the bird for 
longer than 180 days.
    (v) Upon coordination with the rehabilitator, you must release all 
releaseable raptors to the wild or return them to the rehabilitator for 
release within the 180-day timeframe in which the rehabilitator is 
authorized to possess the birds, unless the issuing office authorizes 
you to retain and condition a bird for longer than 180 days, or unless 
the rehabilitator transfers the bird to you to hold under your falconry 
permit.
    (11) Using a falconry bird in abatement activities. (i) If you are a 
Master Falconer, you may conduct abatement activities with a bird or 
birds you possess for falconry. If you are a General Falconer, you may 
conduct abatement activities only as a subpermittee of the holder of the 
abatement permit.
    (ii) You may receive payment for providing abatement services if you 
have a Special Purpose Abatement permit.
    (12) Feathers that a falconry bird or birds molts. (i) For imping 
(replacing a damaged feather with a molted feather), you may possess 
tail feathers and primary and secondary wing feathers for each species 
of raptor you possess or previously held for as long as you have a valid 
falconry permit. You may receive feathers for imping from other 
permitted falconers, wildlife

[[Page 100]]

rehabilitators, or propagators in the United States, and you may give 
feathers to them. You may not buy, sell, or barter such feathers.
    (ii) You may donate feathers from a falconry bird, except golden 
eagle feathers, to any person or institution with a valid permit to have 
them, or to anyone exempt from the permit requirement under Sec.21.12.
    (iii) Except for primary or secondary flight feathers or retrices 
from a golden eagle, you are not required to gather feathers that are 
molted or otherwise lost by a falconry bird. You may leave the feathers 
where they fall, store them for imping, or destroy them. However, you 
must collect molted flight feathers and retrices from a golden eagle. If 
you choose not to keep them for imping, you must send them to the 
National Eagle Repository.
    (iv) We request that you send all feathers (including body feathers) 
that you collect from any falconry golden eagle and that you do not need 
for imping, to the National Eagle Repository at the following address: 
U.S. Fish and Wildlife Service, National Eagle Repository, Rocky 
Mountain Arsenal, Building 128, Commerce City, Colorado 80022. The 
telephone number at the Repository is 303-287-2110.
    (v) If your permit expires or is revoked, you must donate the 
feathers of any species of falconry raptor except a golden eagle to any 
person or any institution exempt from the permit requirement under Sec.
21.12 or authorized by permit to acquire and possess the feathers. If 
you do not donate the feathers, you must burn, bury, or otherwise 
destroy them.
    (13) Disposition of carcasses of falconry birds that die. (i) You 
must send the entire body of a golden eagle you held for falconry, 
including all feathers, talons, and other parts, to the National Eagle 
Repository.
    (ii) You may donate the body or feathers of any other species of 
falconry raptor to any person or institution exempt under Sec.21.12 or 
authorized by permit to acquire and possess such parts or feathers.
    (iii) If the bird was banded or microchipped prior to its death, you 
may keep the body of any falconry raptor except that of a golden eagle. 
You may keep the body so that the feathers are available for imping, or 
you may have the body mounted by a taxidermist. You may use the mount in 
giving conservation education programs. If the bird was banded, you must 
leave the band on the body. If the bird has an implanted microchip, you 
must leave the microchip in place.
    (iv) If you do not wish to donate the bird body or feathers or keep 
it yourself, you must burn, bury, or otherwise destroy it or them within 
10 days of the death of the bird or after final examination by a 
veterinarian to determine cause of death. Carcasses of euthanized 
raptors could pose a risk of secondary poisoning of eagles and other 
scavengers. You must take appropriate precautions to avoid such 
poisonings.
    (v) If you do not donate the bird body or feathers or have the body 
mounted by a taxidermist, you may possess the flight feathers for as 
long as you have a valid falconry permit. However, you may not buy, 
sell, or barter the feathers. You must keep the paperwork documenting 
your acquisition of the bird.
    (14) Visitors practicing falconry in the United States. (i) A 
visitor to the United States may qualify for a temporary falconry permit 
appropriate for his or her experience.
    (A) The permit may be valid for any period specified by the State, 
tribe, or territory.
    (B) To demonstrate knowledge of U.S. falconry laws and regulations, 
the visitor must correctly answer at least 80 percent of the questions 
on the supervised examination for falconers administered by the tribe, 
State, or territory from which he or she wishes to obtain a temporary 
falconry permit. If the visitor passes the test, the tribe, State, or 
territory will decide for what level of temporary permit the person is 
qualified. The decision should be based on the individual's 
documentation of his or her experience.
    (C) If you hold a temporary falconry permit, you may possess raptors 
for falconry if you have approved falconry facilities.
    (D) A holder of a temporary falconry permit may fly raptors held for 
falconry by a permitted falconer.

[[Page 101]]

    (E) A holder of a temporary falconry permit may not take a bird from 
the wild to use in falconry.
    (ii) For the duration of a permit from a State, tribe, or territory, 
a visitor may use any bird for falconry that he or she possess legally 
in his or her country of residence for that purpose, provided that 
import of that species to the United States is not prohibited, and 
provided that he or she has met all permitting requirements of his or 
her country of residence.
    (A) A visitor must comply with the provisions in this section, those 
of the State, tribe or territory where he or she wishes to conduct 
falconry, and all States through which he or she will travel with the 
bird.
    (B) The visitor may transport registered raptors. He or she may need 
one or more additional permits to bring a raptor into the United States 
or to return home with it (see 50 CFR part 14 (importation, exportation, 
and transportation of wildlife), part 15 (Wild Bird Conservation Act), 
part 17 (endangered and threatened species), part 21 (migratory bird 
import and export permits), and part 23 (endangered species 
convention)).
    (C) Unless the visitor has the necessary permit(s) to bring a raptor 
into the United States and leave it here, he or she must take raptors 
brought into the country for falconry out of the country when he or she 
leaves. If a raptor brought into the United States dies or is lost while 
in this country, the visitor must document the loss before leaving the 
United States by reporting the loss to the State, tribal, or territorial 
agency that governs falconry where the bird was lost.
    (D) When flown free, any bird brought to this country temporarily 
must have two attached radio transmitters that will allow the falconer 
to locate it.
    (E)There also may be tribal or State restrictions on nonresidents 
practicing falconry or importing a raptor or raptors held for falconry.
    (15) Taking falconry raptors to another country to use in falconry 
activities. A permit issued under this section authorizes you to export 
and then import raptors you legally possess for falconry to another 
country to use in falconry without an additional migratory bird import/
export permit issued under Sec.21.21.
    (i) You must meet any requirements in 50 CFR 14 subpart B.
    (ii) You may need one or more additional permits to take a bird from 
the United States or to return home with it (see 50 CFR part 15 (Wild 
Bird Conservation Act), part 17 (endangered and threatened species), and 
part 23 (endangered species convention)).
    (iii) Unless you have the necessary permit(s) to permanently export 
a raptor from the United States, you must bring any raptor you take out 
of the country for falconry back to the United States when you return. 
Each raptor must be covered by a CITES certificate of ownership issued 
under part 23 of this chapter. You must have full documentation of the 
lawful origin of each raptor (a copy of a propagation report with band 
number or a 3-186A report), and each must be identifiable with a 
seamless band or a permanent, nonreusable, numbered Fish and Wildlife 
Service leg band issued by the Service or an implanted microchip for 
identification.
    (iv) If the raptor dies or is lost, you are not required to bring it 
back but must report the loss immediately upon your return to the United 
States in the manner required by the falconry regulations of your State, 
and any conditions on your CITES certificate.
    (16) Permission to capture, fly, or release a falconry bird at any 
location. You do not need special or written permission for any of these 
activities on public lands if it is authorized. However, you must comply 
with all applicable Federal, State, tribal, or territorial laws 
regarding falconry activities, including hunting. Your falconry permit 
does not authorize you to capture or release raptors or practice 
falconry on public lands if it is prohibited on those lands, or on 
private property, without permission from the landowner or custodian.
    (17) Practicing falconry in the vicinity of a Federally listed 
threatened or endangered animal species. In practicing falconry you must 
ensure that your activities do not cause the take of Federally listed 
threatened or endangered wildlife. ``Take'' under the Endangered

[[Page 102]]

Species Act means ``to harass, pursue, hunt, shoot, wound, kill, trap, 
capture, or collect or attempt to engage in any such conduct'' 
(Endangered Species Act Sec.3(18)). Within this definition, ``harass'' 
means any act that may injure wildlife by disrupting normal behavior, 
including breeding, feeding, or sheltering, and harm'' means an act that 
actually kills or injures wildlife (50 CFR 17.3). To obtain information 
about threatened or endangered species that may occur in your State or 
on tribal lands where you wish to practice falconry, contact your State, 
tribal, or territorial agency that regulates falconry. You can contact 
your State Fish and Wildlife Service office for information on 
Federally-listed species.
    (18) Trapping a bird for use in falconry in areas used by the 
northern aplomado falcon. Capture of a northern aplomado falcon (Falco 
femoralis septentrionalis) is not authorized because it is a violation 
of the Endangered Species Act. To avoid trapping northern aplomado 
falcons, you must comply with the following conditions when trapping a 
bird for use in falconry in the following counties.

------------------------------------------------------------------------
                                        You may trap a bird for falconry
            If you trap in              in the following counties if you
                                       comply with the conditions below.
------------------------------------------------------------------------
(i) Arizona,                           Cochise, Graham, Pima, Pinal, or
                                        Santa Cruz.
------------------------------------------------------------------------
(ii) New Mexico,                       Doa Ana, Eddy, Grant, Hidalgo,
                                        Lea, Luna, Otero, Sierra, or
                                        Socorro.
------------------------------------------------------------------------
(iii) Texas,                           Aransas, Brewster, Brooks,
                                        Calhoun, Cameron, Culberson,
                                        Duval, Ector, El Paso, Hidalgo,
                                        Hudspeth, Jackson, Jeff Davis,
                                        Kenedy, Kinney, Kleberg,
                                        Matagorda, Maverick, Midland,
                                        Nueces, Pecos, Presidio, Reeves,
                                        Refugio, San Patricio, Starr,
                                        Terrell, Val Verde, Victoria,
                                        Webb, Willacy, or Zapata.
------------------------------------------------------------------------

    (iv) If you are an Apprentice Falconer, you must be accompanied by a 
General or Master Falconer when trapping in one of these counties.
    (v) You may not begin trapping if you observe a northern aplomado 
falcon in the vicinity of your intended trapping effort.
    (vi) You must suspend trapping if a northern aplomado falcon arrives 
in the vicinity of your trapping effort.
    (19) Prey item killed by a falconry bird without your intent, 
including an animal taken outside of a regular hunting season. (i) You 
may allow your falconry bird to feed on the animal, but you may not take 
the animal into your possession.
    (ii) You must report take of any federally listed threatened or 
endangered species to our Ecological Services Field Office for the 
location in which the take occurred.
    (20) Take of bird species for which a depredation order is in place. 
With a falconry bird, you may take any species listed in parts 21.43, 
44, 45, or 46 of this subchapter at any time in accordance with the 
conditions of the applicable depredation order, as long as you are not 
paid for doing so.
    (21) Transfer of falconry raptors if a permittee dies. A surviving 
spouse, executor, administrator, or other legal representative of a 
deceased falconry permittee may transfer any bird held by the permittee 
to another authorized permittee within 90 days of the death of the 
falconry permittee. After 90 days, disposition of a bird held under the 
permit is at the discretion of the authority that issued it.
    (g) Applying for a falconry permit. If you apply for a falconry 
permit, you must include the following information plus any other 
information required by your State, tribe, or territory.
    (1) The completed application form from your State, tribal, or 
territorial agency that regulates falconry permits.
    (2) Proof that you have passed the falconry test administered by the 
State, tribe, or territory where you maintain your legal residence, or 
proof that you have previously held a falconry permit at the level you 
seek.
    (3) For an Apprentice permit, you must provide the following:
    (i) A letter from a General or Master Falconer stating that he or 
she has agreed to assist you in learning about the husbandry and 
training of raptors held for falconry and about relevant wildlife laws 
and regulations, and in

[[Page 103]]

deciding what species of raptor is appropriate for you to possess while 
an Apprentice.
    (ii) An original, signed certification that you are particularly 
familiar with Sec.10.13 of this subchapter, the list of migratory bird 
species to which the Migratory Bird Treaty Act applies; part 13 of this 
subchapter, general permit regulations; part 21 of this subchapter, 
migratory bird permits; and part 22 of this subchapter, eagle permits. 
The certification can be incorporated into tribal and State application 
forms, and must be worded as follows:

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

    (4) For an Apprentice or General Falconry permit, a parent or legal 
guardian must co-sign your application if you are under 18.
    (5) For a General Falconer permit:
    (i) Information documenting your experience maintaining falconry 
raptors, including a summary of what species you held as an Apprentice 
Falconer and how long you possessed each bird, and
    (ii) A letter from a General Falconer or Master Falconer (preferably 
your sponsor) attesting that you have practiced falconry with raptor(s) 
at the Apprentice Falconer level for at least 2 years, including 
maintaining, training, flying, and hunting the raptor(s) for at least 4 
months in each year.
    (6) For a Master Falconer permit, you must attest that you have 
practiced falconry at the General Falconer level for at least 5 years.
    (h) Updating a falconry permit after a move. If you move to a new 
State or outside the jurisdiction of your tribe or territory and take 
falconry birds with you, within 30 days you must inform both your former 
State, tribe, or territory and the permitting authority for your new 
place of residence of your address change. To obtain a new falconry 
permit, you must follow the permit application procedures of the 
authority under which you wish to acquire a new permit. You may keep 
falconry birds you hold while you apply for a new falconry permit. 
However, the State, tribe, or territory into which you move may place 
restrictions on your possession of falconry birds until you meet the 
residency requirements there.
    (i) Restoration of revoked permits. Upon request of the person whose 
permit has been revoked, the State, tribe, or territory may restore the 
person's falconry permit at the end of the revocation period.
    (j) Information collection requirements. The information collection 
required for falconry applications and for falconry bird disposition on 
FWS Form 3-186A is approved by the Office of Management and Budget under 
control number 1018-0022. The information is necessary to determine take 
of raptors from the wild for falconry.
    (k) Database required of States, tribes, and territories. Each 
State, tribe, or territory that permits falconry must maintain 
information in a database. The information will enable enforcement of 
this section.
    (1) The State, tribal, or territorial database must be compatible 
with the database that we maintain. The State, tribal, or territorial 
database must contain the following information:
    (i) The current address of each person with a falconry permit.
    (ii) The classification of each person with a falconry permit - 
Apprentice Falconer, General Falconer, or Master Falconer.
    (iii) The address of the falconry facilities of each person with a 
falconry permit.
    (iv) The Federal falconry identifier number assigned via the 3-186A 
system to each person with a falconry permit.
    (v) Whether each permittee is authorized to possess eagles.
    (vi) Information on the status of each person's permit: whether it 
is active, suspended, or revoked.
    (2) Information on each permit granted, including changes in status 
from Apprentice Falconer to General Falconer or General Falconer to 
Master Falconer, and moves of falconers or their facilities must be 
entered into the State's, tribe's, or territory's database within 30 
days of the granting of the permit or a falconer's change in status. New 
additions to the State,

[[Page 104]]

tribal, or territorial database must be forwarded to us monthly.

[73 FR 59465, Oct. 8, 2008, as amended at 74 FR 64640, Dec. 8, 2009; 75 
FR 931, Jan. 7, 2010; 75 FR 3395, Jan. 21, 2010; 75 FR 81141, Dec. 27, 
2010; 76 FR 71912, Nov. 21, 2011; 77 FR 66408, Nov. 5, 2012; 78 FR 
35152, June 12, 2013; 78 FR 72832, Dec. 4, 2013; 80 FR 38015, July 2, 
2015]



Sec.21.30  Raptor propagation permits.

    (a) Legal basis for regulating raptor propagation. (1) Among other 
actions, the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.) 
prohibits any person from capturing from the wild, possessing, 
purchasing, bartering, selling, or offering to purchase, barter, or sell 
raptors (vultures, kites, eagles, hawks, caracaras, falcons, and owls) 
listed in Sec.10.13 of this chapter unless the activities are allowed 
by Federal permit issued pursuant to this part and part 13 of this 
chapter, or as permitted by regulations in this part.
    (i) This section covers all ``native'' raptors (accipitriformes, 
falconiformes, and strigiformes listed in Sec.10.13 of this chapter), 
and applies to any person who possesses one or more wild-caught, 
captive-bred, or hybrid raptors protected under the MBTA to use in 
raptor propagation, except that neither bald eagles (Haliaeetus 
leucocephalus) nor golden eagles (Aquila chrysaetos) may be propagated 
under these regulations or any other permit regulation listed in part 21 
of this chapter.
    (ii) You must have a Federal raptor propagation permit before you 
may capture from the wild, possess, transport, import, purchase, barter, 
or offer to sell, purchase, or barter any raptor, raptor egg, or raptor 
semen for propagation purposes. Your State may require that you also 
have a State permit.
    (2) Other regulations, such as those for the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora, the 
Wild Bird Conservation Act, and State regulations, may affect 
propagation-related activities. In cases in which more than one set of 
regulations affect raptor propagation, the most restrictive requirements 
affecting the activity will apply.
    (b) Species available for raptor propagation. If you have a raptor 
propagation permit, you may attempt to propagate any species of raptor 
listed in Sec.10.13 of this chapter, with the following exceptions:
    (1) You may not propagate bald eagles (Haliaeetus leucocephalus) or 
golden eagles (Aquila chrysaetos) under a raptor propagation permit or 
any other permit regulation listed in part 21 of this chapter.
    (2) If you are authorized by your Regional Migratory Bird Permit 
office to do so, you may possess and attempt to propagate threatened or 
endangered raptor species. See paragraphs (f) and (u) of this section.
    (c) Facilities used for raptor propagation. In addition to the 
general conditions found in part 13 of this chapter, raptor propagation 
permits are subject to the following additional conditions:
    (1) You must maintain any tethered raptor you possess under this 
permit in accordance with the facilities and standards requirements in 
Sec.21.29, unless you obtain a written exception to this requirement 
from your Regional Migratory Bird Permit Office.
    (2) For untethered raptors, your breeding facilities must be soundly 
constructed and entirely enclosed with wood, wire netting, or other 
suitable material that provides a safe, healthy environment.
    (i) Your facilities must minimize the risk of injury by providing 
protection from predators, pets, and extreme weather conditions.
    (ii) Your facilities must minimize the risk of raptor injuries due 
to collision with interior or perimeter construction materials and 
equipment, such as support poles, windows, wire netting, perches, or 
lights.
    (iii) Your facilities must have suitable perches and nesting sites, 
fresh air ventilation, a source of light, a well-drained floor, and 
ready access for cleaning. Each bird must have access to a pan of clean 
water unless weather conditions, the perch type used, or some other 
factor makes access to a water pan unsafe for the raptor.
    (iv) You do not need to house your propagation raptors separately 
from other raptors you hold. However, you must keep raptors that you are 
not authorized to propagate separated from those you use in propagation.

[[Page 105]]

    (d) Inspection. In the presence of the permittee, Federal or State 
officials may inspect propagation raptors, facilities, equipment, and 
records during business hours on any day of the week.
    (e) Banding of raptors used for propagation. --(1) Certain species. 
You must band a goshawk (Accipiter gentilis), Harris's hawk (Parabuteo 
unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco 
rusticolus) that you take from the wild to use in captive propagation.
    (i) You must use a nonreusable band that we provide.
    (ii) You may purchase and implant an ISO (International Organization 
for Standardization)-compliant 134.2 kHz microchip in the raptor in 
addition to banding it.
    (iii) You must report the information on the raptor (including 
information identifying the microchip, if you implant one, and where it 
is located) at http://permits.fws.gov/186A or by submitting a paper FWS 
Form 3-186A form to your State or tribal agency that governs 
propagation, if applicable, and to us.
    (2) Banding nestlings. Unless a particular nestling is specifically 
exempted, you must band every captive-bred raptor within 2 weeks of 
hatching.
    (i) You must use a numbered, seamless band that we will provide.
    (ii) You must use a band with an inside diameter that is small 
enough to prevent loss or removal of the band when the raptor is grown 
without causing serious injury to the raptor or damaging the band's 
integrity or one-piece construction.
    (iii) You may band a nestling with more than one band of different 
sizes if you cannot determine the proper size when you band the 
nestling. You must then remove and destroy all but the correctly sized 
band before the nestling is 5 weeks old.
    (iv) You may submit a letter requesting an exemption from the 
banding requirement for any nestling or fledgling for which the band 
causes a problem. If you demonstrate that the band itself or the 
behavior of the raptor in response to the band poses a hazard to the 
raptor, we may exempt that raptor from the banding requirement. You must 
destroy the band after you remove it.
    (3) You may purchase and implant an ISO-compliant 134.2 kHz 
microchip in the raptor in addition to a band. You must report 
information to identify the microchip and where on the raptor the chip 
is implanted when you report your acquisition of the raptor.
    (4) If a captive-bred raptor is not banded with a seamless band, or 
if you must remove the seamless band from a captive-bred raptor, you 
must band the bird with a nonreusable band that we provide.
    (f) Taking and transferring raptors or raptor eggs from the wild to 
use in propagation. You may take no more than two raptors or raptor eggs 
from the wild each year to use in propagation.
    (1) The State must authorize you to take the raptor(s) or egg(s) 
from the wild.
    (2) You must comply with all State laws in taking raptor(s) or 
egg(s) from the wild.
    (3) You may take a raptor listed in Sec.17.11(h) of this chapter 
as ``endangered'' or ``threatened'' from the wild only if you have a 
permit under part 17 of this chapter (See paragraph (u) of this 
section.).
    (4) You may transfer a raptor taken from the wild for propagation to 
any other person authorized to possess it, except that you must comply 
with the prohibitions in Sec.21.29 on a transfer to a falconer.
    (g) Transfer, purchase, sale, or barter of captive-bred raptors, 
eggs, or semen. (1) You may transfer, sell, or barter a lawfully 
possessed captive-bred raptor to another person authorized to possess 
captive-bred raptors if the raptor is marked on the metatarsus by a 
seamless, numbered band that we provide.
    (2) You may transfer, sell, or barter a lawfully possessed raptor 
egg or raptor semen produced by a raptor held under your captive 
propagation permit (including a raptor taken from the wild) to another 
raptor propagation permittee.
    (3) You may not purchase, sell, or barter any raptor eggs or any 
raptors taken from the wild in the United States or its territories or 
possessions, any semen collected from a raptor in

[[Page 106]]

the wild in the United States or its territories or possessions, or any 
raptor hatched from eggs taken from the wild in the United States or its 
territories or possessions.
    (h) Required paperwork. You must have a copy of a properly completed 
FWS Form 3-186A (Migratory Bird Acquisition and Disposition Report) for 
each raptor you acquire or that is transferred to you.
    (1) You do not have to submit or have a copy of an FWS Form 3-186A 
for raptors you produce by captive propagation if you keep the raptors 
in your possession under your propagation permit.
    (2) If you sell, trade, barter, or transfer a raptor held under your 
captive propagation permit, even if the transfer is to a falconry permit 
you hold, you must complete an FWS Form 3-186A and send it to us within 
5 calendar days of the transfer.
    (i) Care of a propagation raptor by another person--
    (1) Care of a propagation raptor by another permittee. The 
regulations in this paragraph pertain to care of propagation raptors by 
persons other than the permittee. Another person who can legally possess 
raptors may care for a propagation raptor for you for up to 120 calendar 
days.
    (i) The person must have a letter from you authorizing him or her to 
care for the birds, beginning on the date of your letter.
    (ii) The raptor will remain on your raptor propagation permit. If 
the person who temporarily holds it for you is a falconer or a captive 
propagator, the raptor will not be counted against his or her possession 
limit on raptors held for falconry or propagation. However, the other 
person may not use the raptor in falconry or in propagation.
    (iii) If you wish to have someone else care for a propagation raptor 
for more than 120 days, or if you wish to let another person use the 
raptor in falconry or captive propagation, you must transfer the raptor 
to that person and report the transfer by submitting a completed FWS 
Form 3-186A.
    (2) Care of a propagation raptor by an individual who does not have 
a propagation or falconry permit. Another person may care for 
propagation raptors you possess for up to 120 consecutive calendar days.
    (i) The raptor(s) will remain on your propagation permit.
    (ii) The raptors must remain in your facilities.
    (iii) This care may be extended indefinitely in extenuating 
circumstances, such as illness, military service, or for a family 
emergency. The person(s) caring for your raptors may not fly them for 
any reason.
    (j) Care of nestlings by an individual who does not hold a migratory 
bird permit. Another person may temporarily care for and band nestlings 
you hold from the time they are hatched until they are fully feathered. 
You may allow the other person to keep the nestlings at another 
location. You must give the individual a letter authorizing him or her 
to care for the nestlings, beginning on the date of your letter. The 
care might be part of each day during the nestling period so that the 
nestlings can be fed, or it might be a series of full days if transport 
to and from the breeding facility is not practical or needed.
    (k) Disposition of molted feathers from a live raptor or carcasses 
of raptors held under your permit. (1) You may donate the body or 
feathers of any species you possess under your propagation permit to any 
person or institution exempt under Sec.21.12 or authorized by permit 
to acquire and possess such parts or feathers.
    (2) For any raptor you hold under your propagation permit, if the 
bird was banded or microchipped prior to its death, you may keep the 
body to have the feathers available for imping or to have the body 
mounted by a taxidermist. You may use the mount in propagation 
activities or in giving conservation education programs. If the bird was 
banded, you must leave the band on the body. If the bird has an 
implanted microchip, the microchip must be placed inside the mounted 
bird.
    (3) If you do not wish to donate the bird body or feathers or keep 
it or them yourself, you must burn, bury, or otherwise destroy it or 
them within 10 days of the death of the bird or after final examination 
by a veterinarian to determine cause of death. Carcasses of euthanized 
raptors could pose a risk of

[[Page 107]]

secondary poisoning of eagles and other scavengers. You must take 
appropriate precautions to avoid such poisonings.
    (4) If you do not donate the bird body or feathers or have the body 
mounted by a taxidermist, you may possess the flight feathers for as 
long as you have a valid raptor propagation or falconry permit. However, 
you may not buy, sell, or barter the feathers. You must keep the 
paperwork documenting your acquisition of the bird.
    (l) Raptor products. You 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 to possess them.
    (m) Release to the wild. You may release a captive-bred raptor to 
the wild if it is allowed by the State or territory in which you wish to 
release the raptor, except that you may not release a hybrid raptor to 
the wild. You must leave the captive-bred band on any raptor you release 
to the wild.
    (n) Conservation education programs. You may use a raptor you 
possess for raptor propagation in conservation education programs 
presented in public venues.
    (1) You do not need a Federal education permit to conduct 
conservation education activities using a propagation raptor.
    (2) You must use the raptor primarily for propagation.
    (3) You may charge a fee for presentation of a conservation 
education program. The fee may not exceed the amount required to recoup 
your costs.
    (4) In conservation education programs, you must provide information 
about the biology, ecological roles, and conservation needs of raptors 
and other migratory birds, although not all of these topics must be 
addressed in every presentation. You may not give presentations that do 
not address falconry and conservation education.
    (5) You are responsible for all liability associated with 
conservation education activities you undertake (see Sec.13.50 of this 
chapter).
    (o) Permit restrictions. With limited exceptions, you may use 
raptors held under your captive propagation permit only for propagation 
or keep them to transfer or sell. You must transfer a raptor used in 
captive propagation to a falconry permit before you or another person 
may use it in falconry. If you transfer a raptor used in captive 
propagation to another permit, you and the recipient of the raptor 
(which might be you) must complete an FWS Form 3-186A and report the 
transfer. You do not need to transfer a bird from your falconry permit 
(if you hold one) if you use the bird for fewer than 8 months in a year 
in captive propagation, but you must do so if you permanently transfer 
the bird for propagation. The bird must then be banded as required in 
paragraph (e).
    (p) Training propagation raptors. You may use falconry training or 
conditioning practices such as, but not limited to, creance (tethered) 
flying, lures, balloons, or kites in training or conditioning captive-
bred progeny of raptors you hold under your permit.
    (1) Until the raptors are 1 year old, you may use captive-bred 
offspring in actual hunting as a means of training them. To do so, you 
will not need to transfer them to another permit type. You may not use 
them in hunting after their first year if they are held under your 
captive propagation permit.
    (2) Any hybrid raptor that you fly free must have at least two 
attached radio transmitters to help you to locate the bird.
    (3) You may not hunt at any time with raptors you use in 
propagation.
    (q) Hacking of propagation raptors. ``Hacking'' (temporary release 
to the wild) is an approved method to condition raptors. You may hack a 
raptor that you produce under your propagation permit.
    (1) You may need permission from your State or tribal wildlife 
agency to hack a raptor you possess under your propagation permit. Check 
with your State or tribal agency that regulates falconry to determine if 
hacking is allowed.
    (2) Any hybrid you hack must have two attached functioning radio 
transmitters during hacking.
    (3) You may not hack a raptor near a nesting area of a federally 
threatened or endangered bird species or in any other location where the 
raptor is likely to harm a federally listed threatened

[[Page 108]]

or endangered animal species that might be disturbed or taken by your 
falconry raptor. You should contact your State or territorial wildlife 
agency before hacking a falconry raptor to ensure that this does not 
occur. Contact the Fish and Wildlife Service office in your State or 
territory for information on federally listed species.
    (r) Transfer of propagation raptors and offspring if a permittee 
dies. A surviving spouse, executor, administrator, or other legal 
representative of a deceased raptor propagation permittee may transfer 
any bird, eggs, or semen held by the deceased permittee to another 
authorized permittee within 90 days of the death of the falconry 
permittee. After 90 days, disposition of a bird held under the permit is 
at our discretion.
    (s) Records of captive propagation efforts. You must maintain 
complete and accurate records of all operations, including the 
following, for at least 5 years after the expiration of your permit. 
However, you may want to retain your records for a longer time if you 
want to get another migratory bird permit, a Convention on International 
Trade in Endangered Species of Wild Fauna and Flora permit, or a Wild 
Bird Conservation Act permit.
    (1) The acquisition of raptors, eggs, or semen you acquired from the 
wild or that were transferred to you.
    (i) What you acquired, and the species, sex, age, and band number of 
each bird you acquired.
    (ii) Whether you acquired the raptor, egg, or semen from the wild or 
you purchased it or it was transferred to you.
    (2) The disposition of raptors, eggs, or semen you sell or transfer 
to another permittee. The information should include the band number of 
raptors you sell or transfer.
    (t) Annual report. You must submit a completed FWS Form 3-202-8 to 
your Regional Migratory Bird Permit office by January 31 each year for 
January 1 through December 31 of the preceding year.
    (u) Endangered or threatened species. If you wish to propagate 
endangered or threatened species, you must have at least 2 years of 
experience handling raptors in a propagation program or programs. You 
may also need an endangered species permit to propagate threatened or 
endangered raptors. See Sec. Sec.17.21 and 17.22 of this chapter for 
permit requirements to propagate threatened or endangered raptors.
    (v) Applying for a Federal raptor propagation permit. Using FWS Form 
3-200-12, you must submit your application for a raptor propagation 
permit to the appropriate Regional Director, to the attention of the 
Migratory Bird Permit Office. You can find addresses for the Regional 
Directors in 50 CFR 2.2. Your application must contain the general 
information and the certification required in Sec.13.12(a) of this 
chapter, a copy of your State permit authorizing raptor propagation, if 
your State requires one, and a description (including dimensions), 
drawings, and photographs of the facilities and equipment you will use.
    (w) Criteria for issuing a permit. When we receive a completed 
application, we will decide whether we should issue a permit to you. We 
will consider the general criteria in part 13 of this chapter and the 
following factors:
    (1) You must be at least 18 years old and have at least 2 full years 
of experience handling raptors.
    (2) You must have a propagation permit or other authorization for 
raptor propagation from your State or Tribe, if your State or Tribe 
requires it.
    (3) Your raptor propagation facilities must be adequate for the 
number and species of raptors to be held under your permit.
    (x) Updating a raptor propagation permit after a move. If you move 
within your State or get a new mailing address, you must notify us 
within 30 days (see Sec.13.23(c) of this chapter). If you move to a 
new State, within 30 days you must inform both your former and your new 
(if applicable) Migratory Bird Permit Offices of your address change. If 
you have new propagation facilities, you must provide information, 
pictures, and diagrams of them, and they may be inspected in accordance 
with Federal or State requirements. Thereafter, no mandatory inspections 
of the facilities will continue.
    (y) Permit expiration. Your Federal permit may be valid for up to 5 
years from when it is issued or renewed. It will expire on the same day 
as your

[[Page 109]]

State permit, unless your State permit is for a period longer than 5 
years, or unless we amend, suspend, or revoke it.

[76 FR 29667, May 23, 2011]



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);
    (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

[[Page 110]]

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 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 a 
Federal rehabilitation permit or be authorized as your subpermittee by 
being named in writing to your issuing Migratory Bird Permit Office. 
This does not apply to General Falconers or Master Falconers, who may 
assist with conditioning raptors for release without being your 
subpermittee. If you have a falconer assist in conditioning a 
rehabilitated raptor for release, you must provide the falconer with a 
letter or form that identifies the bird and explains that the falconer 
is assisting in rehabilitation of the raptor.
    (i) Your subpermittees must be at least 18 years of age and possess 
sufficient experience to tend the species in their care.
    (ii) Your subpermittees who are 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 except those of a falconer 
assisting in conditioning raptors for release must be approved by the 
issuing office.
    (iii) 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) After a bird is rehabilitated to a condition suitable for 
release to the wild, you must release it to suitable habitat as soon as 
seasonal conditions allow, except that you may transfer a rehabilitated 
wild raptor to a holder of a State, tribal, or territorial falconry

[[Page 111]]

permit if the permit holder is authorized to hold the species for use in 
falconry. The transfer may need the approval of your State, tribe, or 
territory. The falconer must complete a Form 3-186A reporting the 
transfer.
    (A) You may not retain migratory birds longer than 180 days without 
additional authorization from your Regional Migratory Bird Permit 
Office. If the appropriate season for release is outside the 180-day 
timeframe, you must seek authorization from your Fish and Wildlife 
Service Regional Migratory Bird Permit Office to possess the bird until 
the appropriate season.
    (B) Before releasing a threatened or endangered migratory bird, you 
must comply with any requirements for the release from your Fish and 
Wildlife Service Regional 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 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.

[[Page 112]]

    (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 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

[[Page 113]]

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 
Division of Environmental Review at the address provided at 50 CFR 
2.1(b).
---------------------------------------------------------------------------

    (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.

[68 FR 61137, Oct. 27, 2003, as amended at 73 FR 59477, Oct. 8, 2008; 75 
FR 29918, May 28, 2010; 79 FR 43965, July 29, 2014]



     Subpart D_Control of Depredating and Otherwise Injurious Birds



Sec.21.41  Depredation permits.

    (a) Permit requirement. Except as provided in Sec. Sec.21.43, 
21.44, and 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.

[[Page 114]]

    (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; 80 FR 15691, Mar. 25, 2015]



Sec.21.42  [Reserved]



Sec.21.43  Depredation order for blackbirds, cowbirds, crows,
grackles, and magpies.

    (a) Species covered.

----------------------------------------------------------------------------------------------------------------
      Blackbirds              Cowbirds                Crows                 Grackles               Magpies
----------------------------------------------------------------------------------------------------------------
Brewer's (Euphagus     Bronzed (Molothrus     American (Corvus       Boat-tailed            Black-billed (Pica
 cyanocephalus)         aeneus)                brachyrhynchos)        (Quiscalus major)      hudsonia)
Red-winged (Agelaius   Brown-headed           Fish (Corvus           Common (Quiscalus
 phoeniceus)            (Molothrus ater)       ossifragus)            quiscula)
Yellow-headed          Shiny (Molothrus       Northwestern (Corvus   Great-tailed
 (Xanthocephalus        bonariensis)           caurinus)              (Quiscalus
 xanthocephalus)                                                      mexicanus)
                       .....................  .....................  Greater Antillean      ....................
                                                                      (Quiscalus niger)
----------------------------------------------------------------------------------------------------------------

    (b) Conditions under which control is allowed by private citizens. 
You do not need a Federal permit to control the species listed in 
paragraph (a) of this section in the following circumstances:
    (1) Where they are causing serious injuries to agricultural or 
horticultural crops or to livestock feed;
    (2) When they cause a health hazard or structural property damage;
    (3) To protect a species recognized by the Federal Government as an 
endangered, threatened, or candidate species in any county in which it 
occurs, as shown in the Service's Environmental Conservation Online 
System (http://ecos.fws.gov);
    (4) To protect a species recognized by the Federal Government as an 
endangered or threatened species in designated critical habitat for the 
species; or
    (5) To protect a species recognized by a State or Tribe as 
endangered, threatened, candidate, or of special concern if the control 
takes place within that State or on the lands of that tribe, 
respectively.
    (6) Each calendar year, you must attempt to control depredation by 
species listed under this depredation order using nonlethal methods 
before you may use lethal control. Nonlethal control methods can include 
such measures as netting and flagging, the use of trained raptors, 
propane cannons, and recordings.
    (c) Conditions under which control is allowed by Federal, State, and 
Tribal employees. You do not need a Federal permit to control the 
species listed in paragraph (a) of this section in the following 
circumstances:
    (1) Where they are causing serious injuries to agricultural or 
horticultural crops or to livestock feed;
    (2) When they cause a health hazard or structural property damage; 
or
    (3) To protect a species recognized by the Federal Government, a 
State, or a Tribe as an endangered, threatened, or candidate, species, 
or a species of special concern, including critical habitat for any 
listed species.

[[Page 115]]

    (4) Each calendar year, you must attempt to control depredation by 
species listed under this depredation order using nonlethal methods 
before you may use lethal control. Nonlethal control methods can include 
such measures as netting and flagging, the use of trained raptors, 
propane cannons, and recordings. However, this requirement does not 
apply to Federal, State, or Tribal employees conducting brown-headed 
cowbird trapping to protect a species recognized by the Federal 
Government, a State, or a Tribe as endangered, threatened, candidate, or 
of special concern.
    (d) Ammunition. In most cases, if you use a firearm to kill 
migratory birds under the provisions of this section, you must use 
nontoxic shot or nontoxic bullets to do so. See Sec.20.21(j) of this 
chapter for a listing of approved nontoxic shot types. However, this 
prohibition does not apply if you use an air rifle or an air pistol for 
control of depredating birds.
    (e) Access to control efforts. If you exercise any of the privileges 
granted by this section, you must allow any Federal, State, tribal, or 
territorial wildlife law enforcement officer unrestricted access at all 
reasonable times (including during actual operations) over the premises 
on which you are conducting the control. You must furnish the officer 
whatever information he or she may require about your control 
operations.
    (f) Trapping conditions. You must comply with the following 
conditions if you attempt to trap any species under this order.
    (1) You may possess, transport, and use a lure bird or birds of the 
species listed in paragraph (a) that you wish to trap.
    (2) You must check each trap at least once every day it is deployed.
    (3) At temperatures above 80 [deg]Fahrenheit, the traps must provide 
shade for captured birds.
    (4) Each trap must contain adequate food and water.
    (5) You must promptly release all healthy nontarget birds that you 
capture.
    (6) If a federally permitted wildlife rehabilitator is within 1 hour 
or less of your capture efforts, you must send injured or debilitated 
nontarget federally protected migratory birds to the rehabilitator. If 
no rehabilitator is closer than 1 hour away, you may euthanize an 
injured or debilitated bird of a nontarget species unless the species is 
federally listed as an endangered, threatened, or candidate species, in 
which case you must deliver it to a rehabilitator and report the take to 
the nearest U.S. Fish and Wildlife Service Field Office or Special 
Agent.
    (7) You must report captures of nontarget federally protected 
migratory birds in your annual report (see paragraph (i) of this 
section).
    (g) Euthanasia. Captured birds and wounded or injured birds of the 
species listed in paragraph (a) may only be killed by carbon monoxide or 
carbon dioxide inhalation, or by cervical dislocation performed by well-
trained personnel who are regularly monitored to ensure proficiency.
    (h) Disposition of birds and parts. You may not sell, or offer to 
sell, any bird, or any part thereof, killed under this section, but you 
may possess, transport, and otherwise dispose of the bird or its parts, 
including transferring them to authorized research or educational 
institutions. If not transferred, the bird and its parts must either be 
burned, or buried at least 1 mile from the nesting area of any migratory 
bird species recognized by the Federal Government, the State, or a Tribe 
as an endangered or threatened species.
    (i) Annual report. Any person, business, organization, or government 
official acting under this depredation order must provide an annual 
report using FWS Form 3-202-21-2143 to the appropriate Regional 
Migratory Bird Permit Office. The addresses for the Regional Migratory 
Bird Permit Offices are provided at 50 CFR 2.2, and are on the form. The 
report is due by January 31st of the following year and must include the 
information requested on the form.
    (j) Compliance with other laws. You may trap and kill birds under 
this order only in a way that complies with all State, tribal, or 
territorial laws or regulations. You must have any State, tribal, or 
territorial permit required to conduct the activity.

[[Page 116]]

    (k) Information collection. The Office of Management and Budget has 
approved the information collection requirements associated with this 
depredation order and assigned OMB Control No. 1018-0146. 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 requirements to the 
Service's Information Collection Clearance Officer at the address 
provided at 50 CFR 2.1(b).

[79 FR 65601, Nov. 5, 2014]



Sec.21.44  Depredation order for horned larks, house finches, 
and white-crowned sparrows in California.

    Horned larks (Eremophila alpestris), house finches (Carpodacus 
mexicanus), and white-crowned sparrows (Zonotrichia leucophrys) may be 
taken in Fresno, Merced, Napa, and Sonoma Counties in California if they 
are depredating on agricultural or horticultural crops. Take of birds 
under this order must be done under the supervision of the county 
agriculture commissioner. You do not need a Federal permit for this 
depredation control as long as you meet the conditions below, but a 
depredation permit (see Sec.21.41 in this subpart) is required for 
take of other migratory bird species, or for take of horned larks or 
white-crowned sparrows from May 1 through October 31.
    (a) When is take allowed under this depredation order?
    (1) Horned larks and white-crowned sparrows may be controlled from 
November 1 through April 30.
    (2) House finches may be controlled at any time.
    (b) Use of nonlethal control. Each season, before lethal control may 
be undertaken, the landowner must attempt to use nonlethal control of 
migratory bird depredation as recommended by the U.S. Department of 
Agriculture, Animal and Plant Health Inspection Service, Wildlife 
Services. The county agriculture commissioner must confirm that 
nonlethal measures have been undertaken to control or eliminate the 
problem prior to the landowner using lethal control.
    (c) Ammunition. Except when using an air rifle or an air pistol, if 
firearms are used to kill migratory birds under the provisions of this 
regulation, the shooter must use nontoxic shot or nontoxic bullets to do 
so. See Sec.20.21(j) of this chapter for a listing of approved 
nontoxic shot types.
    (d) Disposition of carcasses. Specimens useful for scientific 
purposes may be transferred to any entity authorized to possess them. If 
not transferred, all carcasses of birds killed under this order must be 
buried or otherwise destroyed. None of the above migratory birds killed, 
or the parts thereof, or the plumage of such birds, may be sold or 
removed from the area where killed.
    (e) Annual report. Any county official acting under this depredation 
order must provide an annual report to the Regional Migratory Bird 
Permit Office using FWS Form 3-202-20-2144. The address for the Regional 
Migratory Bird Permit Office is in Sec.2.2 of subchapter A of this 
chapter, and is on the form. The report is due by January 31st of the 
year after control activities are undertaken.

[78 FR 65581, Nov. 1, 2013]



Sec.21.45  [Reserved]



Sec.21.46  Depredation order for depredating California 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 California scrub jays (Aphelocoma 
californica) 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 California 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 California scrub jays and Steller's jays taken pursuant to 
this

[[Page 117]]

section shall not be transported or sold or offered for sale except 
that, such transportation within the area, as may be necessary to bury 
or otherwise destroy the carcasses of such birds is permitted: Provided, 
That the Director of the State agricultural department, college, or 
other public institution may requisition such California 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 act under this 
depredation order must provide an annual report of take during the 
calendar year for each species by January 31st of the following year. 
The report must include the number of birds taken for each species, 
method of take, month(s) in which they were taken, county(ies) and 
State(s) in which they were taken, purpose of take, and disposition. 
Submit annual reports to the Pacific Region Migratory Bird Permit Office 
in Portland, Oregon, at the address shown at 50 CFR 2.2.

[39 FR 31326, Aug. 28, 1974, as amended at 84 FR 45924, Sept. 3, 2019]



Sec. Sec.21.47-21.48  [Reserved]



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

[[Page 118]]

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.
    (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 at any time of year.
    (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

[[Page 119]]

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;
    (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 
at the address provided at 50 CFR 2.1(b).

[71 FR 45986, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007; 
79 FR 43966, July 29, 2014; 84 FR 28773, June 20, 2019]

[[Page 120]]



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 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 at any time of year. 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

[[Page 121]]

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 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 
at the address provided at 50 CFR 2.1(b).

[71 FR 45988, Aug. 10, 2006, as amended at 72 FR 46408, Aug. 20, 2007; 
79 FR 43966, July 29, 2014; 84 FR 28773, June 20, 2019]



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.

[[Page 122]]

    (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 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) Under this section, authorized agricultural producers and their 
employees and agents may:
    (i) Conduct management and control activities, involving the take of 
resident Canada geese, as follows:

[[Page 123]]



------------------------------------------------------------------------
                      Where                                When
------------------------------------------------------------------------
In the Atlantic Flyway States of Connecticut,     Between April 1 and
 Delaware, Florida, Georgia, Maine, Maryland,      August 31.
 Massachusetts, New Hampshire, New Jersey, New
 York, North Carolina, Pennsylvania, Rhode
 Island, South Carolina, Vermont, Virginia, and
 West Virginia.
In the Mississippi and Central Flyway portions    Between May 1 and
 of these States: Alabama, Arkansas, Colorado,     August 31.
 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.
------------------------------------------------------------------------

    (ii) Destroy the nests and eggs of resident Canada geese at any time 
of year.
    (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).
    (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

[[Page 124]]

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 the information collection and recordkeeping 
requirements to the Service's Information Collection Clearance Officer 
at the address provided at 50 CFR 2.1(b).

[71 FR 45989, Aug. 10, 2006, as amended at 79 FR 43966, July 29, 2014; 
84 FR 28773, June 20, 2019; 85 FR 10623, Feb. 25, 2020]



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,

[[Page 125]]

    (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 at any time of year.
    (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 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

[[Page 126]]

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.
    (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 
at the address provided at 50 CFR 2.1(b).

[71 FR 45990, Aug. 10, 2006, as amended at 79 FR 43966, July 29, 2014; 
84 FR 28773, June 20, 2019]

[[Page 127]]



Sec.21.53  Control order for purple swamphens.

    (a) Control of purple swamphens. Federal, State, Tribal, and local 
wildlife management agencies, and their tenants, employees, or agents 
may remove or destroy purple swamphens (Porphyrio porphyrio) or their 
nests or eggs at any time when they find them anywhere in the contiguous 
United States, Hawaii, Alaska, the Commonwealth of Puerto Rico, or the 
U.S. Virgin Islands. Any authorized agency personnel may temporarily 
possess, transport, and dispose of purple swamphens, subject to the 
restrictions in paragraph (c) of this section. No permit is necessary to 
engage in these actions.
    (b) Disposal of purple swamphens. If you are authorized to control 
purple swamphens, you may dispose of purple swamphens by the following 
methods: You may donate purple swamphens taken under this order to 
public museums or public institutions for scientific or educational 
purposes; you may dispose of the carcasses by burial or incineration; 
or, if the carcasses are not readily retrievable, you may leave them in 
place. No one may retain for personal use, offer for sale, or sell a 
purple swamphen removed under this section.
    (c) Other provisions. (1) You may not remove or destroy purple 
swamphens or their nests or eggs if doing so is contrary to any State, 
territorial, tribal, or local laws or regulations.
    (2) You may not remove or destroy purple swamphens or their nests or 
eggs if doing so will adversely affect other migratory birds or species 
designated as endangered or threatened under the authority of the 
Endangered Species Act. In particular, the purple swamphen resembles the 
native purple gallinule (Porphyrula martinica). Authorized persons must 
take special care not to take purple gallinules or their nests or eggs 
when conducting purple swamphen control activities.
    (3) If you use firearms to control purple swamphens under this 
regulation, you may use only nontoxic shot or nontoxic bullets for the 
control.
    (4) If, while operating under this regulation, an authorized person 
takes any other species protected under the Endangered Species Act, the 
Migratory Bird Treaty Act, or the Bald and Golden Eagle Protection Act, 
that person must immediately report the take to the nearest Ecological 
Services office of the Fish and Wildlife Service. See http://
www.fws.gov/where/ to find the location of the nearest Ecological 
Services office.
    (5) We may suspend or revoke the authority of any agency or 
individual to undertake purple swamphen control if we find that agency 
or individual has, without an applicable permit, taken actions that may 
take Federally listed threatened or endangered species or any bird 
species protected by the Bald and Golden Eagle Protection Act or the 
Migratory Bird Treaty Act (see Sec.10.13 of subchapter A of this 
chapter for the list of protected migratory bird species), or otherwise 
violated Federal regulations.

[75 FR 9316, Mar. 1, 2010, as amended at 80 FR 15691, Mar. 25, 2015]



Sec.21.54  Control order for muscovy ducks in the United States.

    (a) Control of muscovy ducks. Anywhere in the contiguous United 
States except in Hidalgo, Starr, and Zapata Counties in Texas, and in 
Alaska, Hawaii, and U.S. territories and possessions, landowners and 
Federal, State, Tribal, and local wildlife management agencies, and 
their tenants, employees, or agents may, without a Federal permit, 
remove or destroy muscovy ducks (Cairina moschata) (including hybrids of 
muscovy ducks), or their nests, or eggs at any time when found. Any 
authorized person may temporarily possess, transport, and dispose of 
muscovy ducks taken under this order.
    (b) Muscovy ducks in Hidalgo, Starr, and Zapata Counties in Texas. 
In these counties, take of muscovy ducks, their nests, and their eggs 
may be allowed if we issue a depredation permit for the activity.
    (c) Disposal of muscovy ducks. You may donate muscovy ducks taken 
under this order to public museums or public institutions for scientific 
or educational purposes, or you may dispose of them by burying or 
incinerating them. You may not retain for personal use or consumption, 
offer for sale, or sell a muscovy duck removed under authority of this 
section, nor

[[Page 128]]

may you release it in any other location.
    (d) Other provisions. (1) You must comply with any State, 
territorial, or Tribal laws or regulations governing the removal or 
destruction of muscovy ducks or their nests or eggs.
    (2) You may not remove or destroy muscovy ducks or their nests or 
eggs if doing so will adversely affect other migratory birds or species 
designated as endangered or threatened under the authority of the 
Endangered Species Act. If you use a firearm to kill muscovy ducks under 
the provisions of this section, you must use nontoxic shot or nontoxic 
bullets to do so.
    (3) If you operate under this order, you must immediately report the 
take of any species protected under the Endangered Species Act, or any 
other bird species protected under the Migratory Bird Treaty Act, to the 
Fish and Wildlife Service Ecological Services Office for the State or 
location in which the take occurred.
    (4) We reserve the right to suspend or revoke the authority of any 
agency or individual to undertake muscovy duck control if we find that 
the agency or individual has undertaken actions that may harm Federally 
listed threatened or endangered species or are contrary to the 
provisions of this part.

[75 FR 9321, Mar. 1, 2010]



Sec.21.55  Control order for invasive migratory birds in Hawaii.

    (a) Control of cattle egrets and barn owls. Personnel of the 
agencies listed in paragraph (b) of this section may take cattle egrets 
(Bubulcus ibis) or barn owls (Tyto alba) using the methods authorized in 
paragraph (c) of this section at any time anywhere in the State of 
Hawaii, the Northwestern Hawaiian Islands, or the unincorporated 
territory of Midway Atoll. No permit is necessary to engage in these 
actions. In this section, the word ``you'' means a person operating 
officially as an employee of one of the authorized agencies.
    (b) Authorized agencies. (1) Federal Aviation Administration;
    (2) Hawaii Department of Agriculture;
    (3) Hawaii Department of Lands and Natural Resources, Division of 
Forestry and Wildlife;
    (4) National Oceanic and Atmospheric Administration;
    (5) National Park Service;
    (6) U.S. Department of Agriculture--Animal and Plant Health 
Inspection Service, Wildlife Services;
    (7) U.S. Department of Defense;
    (8) U.S. Fish and Wildlife Service;
    (9) U.S. Geological Survey; and
    (10) University of Hawaii--Pacific Cooperative Studies Units with 
program mandates to accomplish invasive species eradication and control, 
including the five island Invasive Species Committees.
    (c) Means of take. (1) You may take cattle egrets and barn owls by 
means of lethal take or active nest take. Lethal take may occur by 
firearm or slingshot in accordance with paragraph (c)(2) of this section 
or lethal or live traps. Active nest take may occur by egg oiling in 
accordance with paragraph (c)(3) of this section or destruction of nest 
material and contents (including viable eggs and chicks). Birds may be 
euthanized by cervical dislocation, CO2 asphyxiation, or 
other recommended method in the American Veterinary Medical Association 
Guidelines on Euthanasia.
    (2) If you use a firearm or slingshot to kill cattle egrets or barn 
owls under the provisions of this order, you must use nontoxic shot or 
nontoxic bullets to do so. See Sec.20.21(j) of this chapter for a list 
of approved nontoxic shot types.
    (3) Eggs must be oiled with 100 percent corn oil, which is exempted 
from regulation under the Federal Insecticide, Fungicide, and 
Rodenticide Act by the U.S. Environmental Protection Agency.
    (4) You may use concealment (such as blinds) and luring devices 
(such as decoys or recorded calls) for locating, capturing, and/or 
taking cattle egrets or barn owls.
    (d) Land access. You must obtain appropriate landowner permission 
before conducting activities authorized by this order.
    (e) Relationship to other regulations. You may take cattle egrets 
and barn owls under this order only in a way

[[Page 129]]

that complies with all applicable Federal, State, county, municipal, or 
tribal laws. You are responsible for obtaining all required 
authorizations to conduct this activity.
    (f) Release of injured, sick, or orphaned cattle egrets or barn 
owls. Wildlife rehabilitators, veterinarians, and all other individuals 
or agencies who receive sick, injured, or orphaned cattle egrets or barn 
owls are prohibited from releasing any individuals of those species back 
into the wild in the State of Hawaii, the Northwestern Hawaiian Islands, 
or the unincorporated territory of Midway Atoll. All applicable local, 
State, Federal, and/or territorial regulations must be followed to 
transfer, possess, and/or release cattle egrets or barn owls in any 
other location.
    (g) Disposal of cattle egret or barn owl carcasses, nests, or nest 
contents. You may donate carcasses, nests, or nest contents taken under 
this control order to public museums or public institutions for 
scientific or educational purposes or to persons authorized by permit or 
regulation to possess them. You may dispose of the carcasses by burial 
or incineration; or, if the carcasses are not safely retrievable, you 
may leave them in place. No one may retain for personal use, offer for 
sale, barter or trade, or sell a cattle egret or a barn owl or any 
feathers, parts, nests, or nest contents taken under this section.
    (h) Endangered or threatened species. You may not take cattle egrets 
or barn owls if doing so will adversely affect other migratory birds 
protected under the Migratory Bird Treaty Act or species designated as 
endangered or threatened under the authority of the Endangered Species 
Act.
    (i) Reporting take. Any agency engaged in control activities under 
this control order must provide an annual report of take during the 
calendar year for each species by January 31st of the following year. 
The report must include a summary of the number of birds and number of 
active nests taken for each species, the months in which they were 
taken, and the island(s) on which they were taken. Multiple reports 
within agencies may be combined, as appropriate. Submit annual reports 
to the Pacific Region Migratory Bird Permit Office in Portland, Oregon, 
at the address shown at 50 CFR 2.2.
    (j) Reporting nontarget take. If, while operating under this control 
order, you take any other species protected under the Endangered Species 
Act or the Migratory Bird Treaty Act, you must report within 72 hours 
the take to the Pacific Region Migratory Bird Permit Office in Portland, 
Oregon, at the address shown at 50 CFR 2.2.
    (k) Revocation of authority to operate under this order. We may 
suspend or revoke the authority of any individual or agency to operate 
under this order if we find that the individual or agency has taken 
actions that may take federally listed endangered or threatened species 
or any other bird species protected by the Migratory Bird Treaty Act 
(see 50 CFR 10.13 for the list of protected migratory bird species), or 
has violated any Federal or State law or regulation governing this 
activity. We will notify the affected agency by certified mail, and may 
change this control order accordingly.

[82 FR 34425, July 25, 2017]



      Subpart E_Control of Overabundant Migratory Bird Populations



Sec.21.60  Conservation order for light geese.

    (a) What is a conservation order? A conservation order is a special 
management action that is needed to control certain wildlife populations 
when traditional management programs are unsuccessful in preventing 
overabundance of the population. We are authorizing a conservation order 
under the authority of the Migratory Bird Treaty Act to reduce and 
stabilize various light goose populations. The conservation order allows 
new methods of taking light geese, allows shooting hours for light geese 
to end one-half hour after sunset, and imposes no daily bag limits for 
light geese inside or outside the migratory bird hunting season 
frameworks as described in this section.
    (b) Which waterfowl species are covered by the order? The 
conservation order addresses management of greater snow (Chen 
caerulescens atlantica), lesser

[[Page 130]]

snow (C. c. caerulescens), and Ross's (C. rossii) geese that breed, 
migrate, and winter in North America. The term light geese refers 
collectively to greater and lesser snow geese and Ross's geese.
    (c) Where can the conservation order be authorized? The Director can 
authorize the conservation order in these areas:
    (1) The following States that are contained within the boundaries of 
the Atlantic Flyway: Connecticut, Delaware, Florida, Georgia, Maine, 
Maryland, Massachusetts, New Hampshire, New Jersey, New York, North 
Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, 
West Virginia.
    (2) The following States, or portions of States, that are contained 
within the boundaries of the Mississippi and Central 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.
    (3) The following States, or portions of States, that are contained 
within the boundaries of the Pacific Flyway: Alaska, Arizona, 
California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, 
Washington, and Wyoming.
    (4) Tribal lands within the geographic boundaries in paragraphs 
(c)(1), (2), and (3) of this section.
    (d) When will the Director authorize the conservation order in a 
particular Flyway? (1) The Director may authorize the conservation order 
for the reduction of greater snow geese for any State or Tribe contained 
within the Atlantic Flyway by publishing a notice under paragraph (e) of 
this section when the May Waterfowl Population Status report indicates 
that the management goal of 500,000 birds has been exceeded and that 
special conservation actions conducted in Canada are insufficient to 
reduce the population. Authorization of the conservation order in the 
U.S. portion of the Atlantic Flyway will occur after the Director 
determines the degree to which the management goal has been exceeded, 
the trajectory of population growth, anticipated harvest that would 
result from implementation of the conservation order, and whether or not 
similar conservation actions will be conducted in Canada.
    (2) The Director may authorize the conservation order for the 
reduction of mid-continent light geese (lesser snow and Ross's geese) 
for any State or Tribe contained within the Mississippi and Central 
Flyways by publishing a notice under paragraph (e) of this section when 
the May Waterfowl Population Status report indicates that the management 
goal of 1,600,000 birds (winter index for Mid-continent Population and 
Western Central Flyway Population, combined) has been exceeded. 
Authorization of the conservation order in the U.S. portion of the 
Mississippi and Central Flyways will occur after the Director determines 
the degree to which the management goal has been exceeded, the 
trajectory of population growth, anticipated harvest that would result 
from implementation of the conservation order, and whether or not 
similar conservation actions will be conducted in Canada.
    (3) The Director may authorize a conservation order for the 
reduction of light geese (lesser snow and Ross's geese) for any State or 
Tribe contained within the Pacific Flyway by publishing a notice under 
paragraph (e) of this section when the Director determines that light 
goose numbers in the western Arctic have exceeded the ability of their 
breeding habitat to support them.
    (e) How will the conservation order be authorized for a particular 
Flyway? The Director will publish a notice in the Federal Register when 
the conservation order is authorized in a particular Flyway.
    (f) What is required for State/Tribal governments to participate in 
the conservation order? When authorized 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, light geese under the following conditions:

[[Page 131]]

    (1) Activities conducted under the conservation order 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, reopening, 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 
(including light goose) and crane hunting seasons, excluding falconry, 
are closed.
    (4) Control measures employed through this section may be used only 
between the hours of one-half hour before sunrise to one-half hour after 
sunset.
    (5) Nothing in the conservation order 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 the conservation order.
    (7) States and Tribes must inform participants of the requirements 
and conditions of the conservation order that apply.
    (8) States and tribes must keep annual records of activities carried 
out under the authority of the conservation order. Specifically, 
information must be collected on:
    (i) The number of persons participating in the conservation order;
    (ii) The number of days people participated in the conservation 
order;
    (iii) The number of light geese shot and retrieved under the 
conservation order; and
    (iv) The number of light geese shot but not retrieved.
    (9) The States and Tribes must submit an annual report summarizing 
activities conducted under the conservation order on or before September 
15 of each year, to the Chief, Division of Migratory Bird Management, at 
the address provided at 50 CFR 2.1(b). Information from Tribes may be 
incorporated in State reports.
    (g) What is required for persons to participate in the conservation 
order? Individual participants in State or Tribal programs covered by 
the conservation order must comply with the following provisions:
    (1) Nothing in the conservation order authorizes the take of light 
geese contrary to any State or Tribal laws or regulations, and none of 
the privileges granted under the conservation order may be exercised 
unless persons acting under the authority of the conservation order 
possess whatever permit or other authorization(s) may be required for 
such activities by the State or Tribal government concerned.
    (2) Persons who take light geese under the conservation order may 
not sell or offer for sale those birds or their plumage but may possess, 
transport, and otherwise properly use them.
    (3) Persons acting under the authority of the conservation order 
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) Persons acting under the authority of the conservation order may 
take light geese by any method except those prohibited as follows:
    (i) With a trap, snare, net, rifle, pistol, swivel gun, shotgun 
larger than 10 gauge, punt gun, battery gun, machine gun, fish hook, 
poison, drug, explosive, or stupefying substance.
    (ii) From or by means, aid, or use of a sinkbox or any other type of 
low floating device having a depression affording the person a means of 
concealment beneath the surface of the water.
    (iii) From or by means, aid, or use of any motor vehicle, motor-
driven land conveyance, or aircraft of any kind, except that paraplegics 
and persons missing one or both legs may carry out take activities from 
any stationary motor vehicle or stationary motor-driven land conveyance.

[[Page 132]]

    (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 bird.
    (v) By the use or aid of live birds as decoys. It is a violation of 
this paragraph (g) for any person to take 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 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 light 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-k). Light geese may not be taken on 
or over lands or areas that are 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 as 
described in Sec.20.11(h) and (l). However, nothing in this paragraph 
(g) prohibits the taking of light 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, 
postharvest manipulation or normal soil stabilization practice as 
described in Sec.20.11(g), (i), (l), and (m);
    (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.
    (viii) 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-bronze, 
tungsten-nickel-iron, tungsten-tin-iron, tungsten-nickel-iron-tin, 
tungsten-iron-copper-nickel, or other shots that are authorized in Sec.
20.21(j).
    (h) Can the conservation order be suspended? The Director reserves 
the right to suspend or revoke a State's or Tribe's authority under the 
conservation order if we find that the State or Tribe has not adhered to 
the terms and conditions specified in this section. The criteria for 
suspension and revocation are outlined in Sec.13.27 and Sec.13.28 of 
this subchapter. Upon appeal, final decisions to revoke authority will 
be made by the Director. Additionally, at such time that the Director 
determines that a specific population of light geese no longer poses a 
threat to habitats, agricultural crops, or other interests, or is within 
Flyway management objectives, the Director may choose to terminate part 
or all of the conservation order.
    (i) Under what conditions would the conservation order be suspended? 
The Director will annually assess the overall impact and effectiveness 
of the conservation order on each light goose population to ensure 
compatibility with long-term conservation of this resource. The Director 
will suspend the conservation order if at any time evidence clearly 
demonstrates that an individual light goose population no longer 
presents a serious threat of injury to the area or areas involved. 
Suspension by the Director will occur by publication of a notice in the 
Federal Register. However, resumption of growth by the light goose 
population in

[[Page 133]]

question may warrant reinstatement of the conservation order to control 
the population. The Director will publish a notice of such reinstatement 
in the Federal Register. Depending on the status of individual light 
goose populations, it is possible that a conservation order may be in 
effect for one or more light goose populations, but not others.
    (j) What are the information collection requirements? The 
information collection requirements associated with the conservation 
order are described in paragraphs (f)(6) through (9) of this section. 
Reported information helps us to assess the effectiveness of light geese 
population control methods and strategies and assess whether or not 
additional population control methods are needed. The Office of 
Management and Budget has approved this information collection and 
assigned OMB Control No. 1018-0103. We 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. At any time, you may 
submit comments on these information collection requirements to the 
Service's Information Collection Clearance Officer at the address 
provided at 50 CFR 2.1(b).

[73 FR 65951, Nov. 5, 2008; 73 FR 70914, Nov. 24, 2008, as amended at 79 
FR 43966, July 29, 2014; 80 FR 13500, Mar. 16, 2015]



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

[[Page 134]]

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 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, at the address provided at 50 CFR 2.1(b).
    (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

[[Page 135]]

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 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

[[Page 136]]

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, at the address 
provided at 50 CFR 2.1(b).
    (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
    (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 at the address 
provided at 50 CFR 2.1(b).

[71 FR 45992, Aug. 10, 2006, as amended at 72 FR 46409, Aug. 20, 2007; 
79 FR 43966, July 29, 2014]



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 
          and eagles that pose a risk to human or eagle health and 
          safety?
22.24 Permits for falconry purposes.
22.25 What are the requirements concerning permits to take golden eagle 
          nests?
22.26 Permits for eagle take that is associated with, but not the 
          purpose of, an activity.
22.27 Removal of eagle nests.
22.28 Permits for bald eagle take exempted under the Endangered Species 
          Act.

          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. 668-668d; 703-712; 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 eagles (Haliaeetus leucocephalus) and golden 
eagles (Aquila chrysaetos) and their parts, nests, and eggs for 
scientific, educational, and depredation control purposes; for the 
religious purposes of American Indian tribes; and to protect other 
interests in a particular locality. This part also governs the 
transportation into or out of the United States of bald and golden

[[Page 137]]

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, as amended at 73 FR 29083, May 20, 2008]



Sec.22.2  What activities does this part apply to?

    (a)(1) You can possess or transport within the United States, 
without a Federal permit:
    (i) Any live or dead bald eagles, or their parts, nests, or eggs 
that were lawfully acquired before June 8, 1940; and
    (ii) Any live or dead golden eagles, or their parts, nests, or eggs 
that were lawfully acquired before October 24, 1962.
    (2) You may not transport into or out of the United States, import, 
export, purchase, sell, trade, barter, or offer for purchase, sale, 
trade, or barter bald or golden eagles, or their parts, nests, or eggs 
of these lawfully acquired pre-act birds. However, you may transport 
into or out of the United States any lawfully acquired dead bald or 
golden eagles, their parts, nests, or dead eagles, if you acquire a 
permit issued under Sec.22.22 of this part.
    (3) No exemption from any statute or regulation will apply to any 
offspring of these pre-act birds.
    (4) You must mark all shipments containing bald or golden eagles, 
alive or dead, their parts, nests, or eggs as directed in Sec.14.81 of 
this subchapter. The markings must contain the name and address of the 
person the shipment is going to, the name and address of the person the 
shipment is coming from, an accurate list of contents by species, and 
the number of each species.
    (b) The provisions in this part are in addition to, and are not in 
lieu of, other regulations of this subchapter B which may require a 
permit or prescribe additional restrictions or conditions for the 
importation, exportation, and interstate transportation of wildlife (see 
also part 13 of this subchapter).

[39 FR 1183, Jan. 4, 1974, as amended at 64 FR 50472, Sept. 17, 1999]



Sec.22.3  Definitions.

    In addition to the definitions contained in part 10 of this 
subchapter, and unless the context otherwise requires, in this part 22:
    Alternate nest means one of potentially several nests within a 
nesting territory that is not an in-use nest at the current time. When 
there is no in-use nest, all nests in the territory are alternate nests.
    Communal roost site means an area where eagles gather repeatedly in 
the course of a season and shelter overnight and sometimes during the 
day in the event of inclement weather.
    Compatible with the preservation of the bald eagle or the golden 
eagle means consistent with the goals of maintaining stable or 
increasing breeding populations in all eagle management units and the 
persistence of local populations throughout the geographic range of each 
species.
    Cumulative effects means the incremental environmental impact or 
effect of the proposed action, together with impacts of past, present, 
and reasonably foreseeable future actions.
    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.
    Eagle management unit (EMU) means a geographically bounded region 
within which permitted take is regulated to meet the management goal of 
maintaining stable or increasing breeding populations of bald or golden 
eagles.
    Eagle nest means any assemblage of materials built, maintained, or 
used by bald eagles or golden eagles for the purpose of reproduction.
    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.
    Foraging area means an area where eagles regularly feed during one 
or more seasons.

[[Page 138]]

    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.
    Important eagle-use area means an eagle nest, foraging area, or 
communal roost site that eagles rely on for breeding, sheltering, or 
feeding, and the landscape features surrounding such nest, foraging 
area, or roost site that are essential for the continued viability of 
the site for breeding, feeding, or sheltering eagles.
    In-use nest means a bald or golden eagle nest characterized by the 
presence of one or more eggs, dependent young, or adult eagles on the 
nest in the past 10 days during the breeding season.
    Indirect effects means effects for which a proposed action is a 
cause, and which may occur later in time and/or be physically manifested 
beyond the initial impacts of the action, but are still reasonably 
likely to occur.
    Local area population (LAP) means the bald or golden eagle 
population within the area of a human activity or project bounded by the 
natal dispersal distance for the respective species. The LAP is 
estimated using the average eagle density of the EMU or EMUs where the 
activity or project is located.
    Necessary to ensure public health and safety means required to 
maintain society's well-being in matters of health and safety.
    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.
    Nesting territory means the area that contains one or more eagle 
nests within the home range of a mated pair of eagles, regardless of 
whether such nests were built by the current resident pair.
    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.
    Practicable means available and capable of being done after taking 
into consideration existing technology, logistics, and cost in light of 
a mitigation measure's beneficial value to eagles and the activity's 
overall purpose, scope, and scale.
    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.
    Safety emergency means a situation that necessitates immediate 
action to alleviate a threat of bodily harm to humans or eagles.
    Take means pursue, shoot, shoot at, poison, wound, kill, capture, 
trap, collect, destroy, 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; 74 FR 46876, Sept. 
11, 2009; 81 FR 91550, Dec. 16, 2016]



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

[[Page 139]]

this information to provide information necessary to evaluate permit 
applications. We will use this information to review permit applications 
and make decisions, according to criteria established in the Bald and 
Golden Eagle Protection Act and its regulations, on the issuance, 
suspension, revocation, or denial of permits. You must respond to obtain 
or retain a permit.
    (b) Direct comments regarding any aspect of these reporting 
requirements to the Service's Information Collection Clearance Officer 
at the address provided at 50 CFR 2.1(b).

[63 FR 52637, Oct. 1, 1998, as amended at 74 FR 46876, Sept. 11, 2009; 
79 FR 43966, July 29, 2014; 81 FR 91550, Dec. 16, 2016]



                     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, 50 CFR part 17, 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) A permit that covers take of bald eagles or golden eagles under 
50 CFR part 17 for purposes of providing prospective or current ESA 
authorization constitutes a valid permit issued under this part for any 
take authorized under the permit issued under part 17 as long as the 
permittee is in full compliance with the terms and conditions of the 
permit issued under part 17. The provisions of part 17 that originally 
applied will apply for purposes of the Eagle Act authorization, except 
that the criterion for revocation of the permit is that the activity is 
incompatible with the preservation of the bald eagle or the golden eagle 
rather than inconsistent with the criterion set forth in 16 U.S.C. 
1539(a)(2)(B)(iv).
    (b) 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.
    (c) A permit under this part only authorizes take, possession, and/
or transport under the Bald and Golden Eagle Protection Act and does not 
provide authorization under the Migratory Bird Treaty Act or the 
Endangered Species Act for the take, possession, and/or transport of 
migratory birds or endangered or threatened species other than bald or 
golden eagles.
    (d) 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; 
73 FR 29083, May 20, 2008; 81 FR 91550, Dec. 16, 2016]



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

[[Page 140]]

purposes of public museums, public scientific societies, or public 
zoological parks. We will not issue a permit under this section that 
authorizes the transportation into or out of the United States of any 
live bald or golden eagles, or any live eggs of these birds.
    (a) How do I apply if I want a permit for scientific and exhibition 
purposes? (1) You must submit applications for permits to take, possess, 
or transport within the United States lawfully acquired live or dead 
bald or golden eagles, or their parts, nests, or live or dead eggs for 
scientific or exhibition purposes to the appropriate Regional Director--
Attention: Migratory Bird Permit Office. You can find addresses for the 
Regional Directors in 50 CFR 2.2.
    (2) If you want a permit to transport into or out of the United 
States any lawfully acquired dead bald or golden eagles or their parts, 
nests, or dead eggs for scientific or exhibition purposes, you must 
submit your application to the Office of Management Authority. Your 
application must contain all the information necessary for the issuance 
of a CITES permit. You must also comply with all the requirements in 
part 23 of this subchapter before international travel. Mail should be 
sent to the Division of Management Authority at the address provided at 
50 CFR 2.1(b).
    (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

[[Page 141]]

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; 79 FR 43966, July 29, 2014]



Sec.22.22  What are the requirements concerning permits for Indian
religious purposes?

    We will issue a permit only to members of Indian entities recognized 
and eligible to receive services from the United States Bureau of Indian 
Affairs listed under 25 U.S.C. 479a-1 engaged in religious activities 
who satisfy all the issuance criteria of this section. We may, under the 
provisions of this section, issue a permit authorizing the taking, 
possession, and transportation within the United States, or 
transportation into or out of the United States of lawfully acquired 
bald eagles or golden eagles, or their parts, nests, or eggs for Indian 
religious use. We will not issue a permit under this section that 
authorizes the transportation into or out of the United States of any 
live bald or golden eagles, or any live eggs of these birds.
    (a) How do I apply if I want a permit for Indian religious 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

[[Page 142]]

revoke any permit that is issued under this section (see Sec. Sec.
13.23, 13.27, and 13.28 of this subchapter).
    (1) A permit issued to you that authorizes you to take bald or 
golden eagles will be valid during the period specified on the face of 
the permit, but will not be longer than 1 year from the date it is 
issued.
    (2) A permit issued to you that authorizes you to transport and 
possess bald or golden eagles or their parts, nests, or eggs within the 
United States will be valid for your lifetime.
    (3) A permit authorizing you to transport dead bald eagles or golden 
eagles, or their parts, nests, or dead eggs into or out of the United 
States can be used for multiple trips to or from the United States, but 
no trip can be longer than 180 days. The permit will be valid during the 
period specified on the face of the permit, not to exceed 3 years from 
the date it is issued.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999]



Sec.22.23  What are the requirements for permits to take depredating
eagles and eagles that pose a risk to human or eagle health and safety?

    (a) How do I apply for a permit? You must submit applications for 
permits under this section 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, if applicable;
    (6) Kind and amount of alleged damage, or description of the risk 
posed to human health and safety or eagles; 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 
bald or golden eagles under this section are 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 will not issue a permit to take 
bald or golden eagles unless the Director has determined that such 
taking is compatible with the preservation of the bald or golden eagle. 
In making such determination, the Director will 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 evidence shows 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, or that bald or golden eagles pose 
a significant risk to human or eagle health and safety; and
    (3) Whether the only way to abate or prevent 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 under this section is that shown on the face of the 
permit. We will not issue these permits for terms longer

[[Page 143]]

than 90 days, except that permits to authorize disturbance associated 
with hazing eagles from the vicinity may be valid for up to 5 years. We 
may amend, suspend, or revoke permits issued for a period of longer than 
90 days if new information indicates that revised permit conditions are 
necessary, or that suspension or revocation is necessary, to safeguard 
local or regional eagle populations.

[39 FR 1183, Jan. 4, 1974, as amended at 63 FR 52638, Oct. 1, 1998; 64 
FR 50473, Sept. 17, 1999; 74 FR 46876, Sept. 11, 2009]



Sec.22.24  Permits for falconry purposes.

    (a) Use of golden eagles in falconry. If you meet the conditions 
outlined in Sec.21.29 (c)(3)(iv) of this part, and you have a permit 
to possess a golden eagle (Aquila chrysaetos) from your State, tribe, or 
territory, we consider your permit sufficient for the purposes of the 
Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d), subject to 
the requirement that take of golden eagles for falconry is compatible 
with the preservation of the golden eagle.
    (b) Transfer of golden eagles trapped by government employees to 
other permittees. If you have the necessary permit(s) from your State, 
tribe, or territory, a government employee who has trapped a golden 
eagle under a Federal depredation permit or under a depredation control 
order may transfer the bird to you if he or she cannot release the eagle 
in an appropriate location. A golden eagle may only be taken from a 
livestock or wildlife depredation area declared by USDA Wildlife 
Services and permitted under Sec.22.23, or from a livestock 
depredation area authorized in accordance with Subpart D, Depredation 
Control Orders on Golden Eagles.

[73 FR 59477, Oct. 8, 2008, as amended at 75 FR 932, Jan. 7, 2010]



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 alternate golden eagle nests during a resource 
development or recovery operation if the taking is compatible with the 
preservation of golden eagles. The information collection requirements 
contained within this section have been approved by the Office of 
Management and Budget under 44 U.S.C. 3507 and assigned clearance number 
1018-0022. This information is being collected to provide information 
necessary to evaluate permit applications. This information will be used 
to review permit applications and make decisions, according to the 
criteria established in this section for the issuance or denial of such 
permits. The obligation to respond is required to obtain or retain a 
permit.
    (a) How do I apply for a permit to take golden eagle nests? You must 
submit applications for permits to take golden eagle nests to the 
appropriate Regional Director--Attention: Migratory Bird Permit Office. 
You can find addresses for the appropriate Regional Directors in 50 CFR 
2.2. We will only accept applications if you are engaged in a resource 
development or recovery operation, including the planning and permitting 
stages of an operation. Your application must contain the general 
information and certification required by Sec.13.12(a) of this chapter 
plus the following additional information:
    (1) A description of the resource development or recovery operation 
in which the applicant is engaged.
    (2) The number of golden eagle nests proposed to be taken.
    (3) A description of the property on which the taking is proposed, 
with reference made to its exact geographic location. An appropriately 
scaled map or plat must be included which delineates the area of the 
resource development or recovery operation and identifies the exact 
location of each golden eagle nest proposed to be taken. The map or plat 
must contain enough detail so that each golden eagle nest proposed to be 
taken can be readily located by the Service.
    (4) Nest and territory occupancy data. (i) For each golden eagle 
nest proposed to be taken, the applicant must identify on an 
appropriately scaled map or plat the exact location of each golden eagle 
nest in the nesting territory. The map or plat must contain enough 
details so that each golden eagle nest can be readily located by the 
Service.

[[Page 144]]

    (ii) A description of the monitoring that was done to verify that 
eagles are not attending the nest for breeding purposes, and any 
additional available documentation used in identifying which nests 
within the territory were in-use nests in current and past breeding 
seasons.
    (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) 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.
    (7) 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.
    (8) 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 alternate 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 must comply with any mitigation and monitoring 
measures determined by the Director to be practicable 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 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) Whether suitable golden eagle nesting and foraging habitat 
unaffected by the resource development or recovery operation is 
available to accommodate any golden eagles displaced by the resource 
development or recovery operation; and
    (4) Whether practicable mitigation measures compatible with the 
resource development or recovery operation are available to encourage 
reoccupation by golden eagles of the resource development or recovery 
site. Mitigation measures may include, but are not limited to, 
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.
    (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; 81 FR 91550, Dec. 16, 2016]



Sec.22.26  Permits for eagle take that is associated with, but not 
the purpose of, an activity.

    (a) Purpose and scope. This permit authorizes take of bald eagles 
and golden eagles where the take is compatible with the preservation of 
the bald eagle and the golden eagle; is necessary to

[[Page 145]]

protect an interest in a particular locality; is associated with, but 
not the purpose of, the activity; and cannot practicably be avoided.
    (b) Definitions. In addition to the definitions contained in part 10 
of this subchapter, and Sec.22.3, the following definition applies in 
this section:
    Eagle means a live bald eagle (Haliaeetus leucocephalus), live 
golden eagle (Aquila chrysaetos), a bald eagle egg, or a golden eagle 
egg.
    (c) Permit conditions. In addition to the conditions set forth in 
part 13 of this subchapter, which govern permit renewal, amendment, 
transfer, suspension, revocation, and other procedures and requirements 
for all permits issued by the Service, your authorization is subject to 
the following additional conditions:
    (1) You must comply with all avoidance, minimization, or other 
mitigation measures specified in the terms of your permit to mitigate 
for the detrimental effects on eagles, including indirect and cumulative 
effects, of the permitted take.
    (i) Compensatory mitigation scaled to project impacts will be 
required for any permit authorizing take that would exceed the 
applicable eagle management unit take limits. Compensatory mitigation 
for this purpose must ensure the preservation of the affected eagle 
species by reducing another ongoing form of mortality by an amount equal 
to or greater than the unavoidable mortality, or increasing the eagle 
population by an equal or greater amount.
    (ii) Compensatory mitigation may also be required in the following 
circumstances:
    (A) When cumulative authorized take, including the proposed take, 
would exceed 5 percent of the local area population; or
    (B) When available data indicate that cumulative unauthorized 
mortality would exceed 10 percent of the local area population.
    (iii) All required compensatory mitigation must:
    (A) Be determined based on application of all practicable avoidance 
and minimization measures;
    (B) Be sited within the same eagle management unit where the 
permitted take will occur unless the Service has reliable data showing 
that the population affected by the take includes individuals that are 
reasonably likely to use another eagle management unit during part of 
their seasonal migration;
    (C) Use the best available science in formulating and monitoring the 
long-term effectiveness of mitigation measures and use rigorous 
compliance and effectiveness monitoring and evaluation to make certain 
that mitigation measures achieve their intended outcomes, or that 
necessary changes are implemented to achieve them;
    (D) Be additional and improve upon the baseline conditions of the 
affected eagle species in a manner that is demonstrably new and would 
not have occurred without the compensatory mitigation (voluntary actions 
taken in anticipation of meeting compensatory mitigation requirements 
for an eagle take permit not yet granted may be credited toward 
compensatory mitigation requirements);
    (E) Be durable and, at a minimum, maintain its intended purpose for 
as long as impacts of the authorized take persist; and
    (F) Include mechanisms to account for and address uncertainty and 
risk of failure of a compensatory mitigation measure.
    (iv) Compensatory mitigation may include conservation banking, in-
lieu fee programs, and other third-party mitigation projects or 
arrangements. Permittee-responsible mitigation may be approved provided 
the permittee submits verifiable documentation sufficient to demonstrate 
that the standards set forth in paragraph (c)(1)(iii) of this section 
have been met and the alternative means of compensatory mitigation will 
offset the permitted take to the degree that is compatible with the 
preservation of eagles.
    (2) Monitoring. (i) You may be required to monitor impacts to eagles 
from the permitted activity for up to 3 years after completion of the 
activity or as set forth in a separate management plan, as specified on 
your permit. For ongoing activities and enduring site features that will 
likely continue to cause take, periodic monitoring will

[[Page 146]]

be required for as long as the data are needed to assess impacts to 
eagles.
    (ii) The frequency and duration of required monitoring will depend 
on the form and magnitude of the anticipated take and the objectives of 
associated avoidance, minimization, or other mitigation measures, not to 
exceed what is reasonable to meet the primary purpose of the monitoring, 
which is to provide data needed by the Service regarding the impacts of 
the activity on eagles for purposes of adaptive management. You must 
coordinate with the Service to develop project-specific monitoring 
protocols. If the Service has officially issued or endorsed, through 
rulemaking procedures, monitoring protocols for the activity that will 
take eagles, you must follow them, unless the Service waives this 
requirement. Your permit may require that the monitoring be conducted by 
qualified, independent third parties that report directly to the 
Service.
    (3) You must submit an annual report summarizing the information you 
obtained through monitoring to the Service every year that your permit 
is valid and for up to 3 years after completion of the activity or 
termination of the permit, as specified in your permit. The Service will 
make eagle mortality information from annual reports available to the 
public.
    (4) While the permit is valid and for up to 3 years after it 
expires, you must allow Service personnel, or other qualified persons 
designated by the Service, access to the areas where eagles are likely 
to be affected, at any reasonable hour, and with reasonable notice from 
the Service, for purposes of monitoring eagles at the site(s).
    (5) The authorizations granted by permits issued under this section 
apply only to take that results from activities conducted in accordance 
with the description contained in the permit application and the terms 
of the permit. If the permitted activity changes after a permit is 
issued, you must immediately contact the Service to determine whether a 
permit amendment is required in order to retain take authorization.
    (6) You must contact the Service immediately upon discovery of any 
unanticipated take.
    (7) Additional conditions for permits with durations longer than 5 
years--(i) Monitoring. Monitoring to assess project impacts to eagles 
and the effectiveness of avoidance and minimization measures must be 
conducted by qualified, independent third parties, approved by the 
Service. Monitors must report directly to the Service and provide a copy 
of the reports and materials to the permittee.
    (ii) Adaptive management. The permit will specify circumstances 
under which modifications to avoidance, minimization, or compensatory 
mitigation measures or monitoring protocols will be required, which may 
include, but are not limited to: Take levels, location of take, and 
changes in eagle use of the activity area. At a minimum, the permit must 
specify actions to be taken if take approaches or reaches the amount 
authorized and anticipated within a given time frame. Adaptive 
management terms in a permit will include review periods of no more than 
5 years and may require prompt action(s) upon reaching specified 
conditions at any time during the review period.
    (iii) Permit reviews. At no more than 5 years from the date a permit 
that exceeds 5 years is issued, and at least every 5 years thereafter, 
the permittee will compile, and submit to the Service, eagle fatality 
data or other pertinent information that is site-specific for the 
project, as required by the permit. The Service will review this 
information, as well as information provided directly to the Service by 
independent monitors, to determine whether:
    (A) The permittee is in compliance with the terms and conditions of 
the permit and has implemented all applicable adaptive management 
measures specified in the permit; and
    (B) Eagle take does not exceed the amount authorized to occur within 
the period of review.
    (iv) Actions to be taken based on the permit review. (A) In 
consultation with the permittee, the Service will update fatality 
predictions, authorized take levels and compensatory mitigation for 
future years, taking into account the observed levels of take based on 
approved protocols for monitoring and estimating total take, and, if 
applicable,

[[Page 147]]

accounting for changes in operations or permit conditions pursuant to 
the adaptive management measures specified in the permit or made 
pursuant to paragraphs (c)(7)(iv)(B) through (D) of this section.
    (B) If authorized take levels for the period of review are exceeded 
in a manner or to a degree not addressed in the adaptive management 
conditions of the permit, based on the observed levels of take using 
approved protocols for monitoring and estimating total take, the Service 
may require additional actions including but not limited to:
    (1) Adding, removing, or adjusting avoidance, minimization, or 
compensatory mitigation measures;
    (2) Modifying adaptive management conditions;
    (3) Modifying monitoring requirements; and
    (4) Suspending or revoking the permit in accordance with part 13 of 
this subchapter B.
    (C) If the observed levels of take, using approved protocols for 
monitoring and estimating total take, are below the authorized take 
levels for the period of review, the Service will proportionately revise 
the amount of compensatory mitigation required for the next period of 
review, including crediting excess compensatory mitigation already 
provided by applying it to the next period of review.
    (D) Provided the permittee implements all required actions and 
remains compliant with the terms and conditions of the permit, no other 
action is required. However, with consent of the permittee, the Service 
may make additional changes to a permit, including appropriate 
modifications to avoidance and/or minimization measures or monitoring 
requirements. If measures are adopted that have been shown to be 
effective in reducing risk to eagles, appropriate adjustments will be 
made in fatality predictions, take estimates, and compensatory 
mitigation.
    (v) Fees. For permits with terms longer than 5 years, an 
administration fee of $8,000 will be assessed every 5 years for permit 
review.
    (8) The Service may amend, suspend, or revoke a permit issued under 
this section if new information indicates that revised permit conditions 
are necessary, or that suspension or revocation is necessary, to 
safeguard local or regional eagle populations. This provision is in 
addition to the general criteria for amendment, suspension, and 
revocation of Federal permits set forth in Sec. Sec.13.23, 13.27, and 
13.28 of this chapter.
    (9) Notwithstanding the provisions of Sec.13.26 of this chapter, 
you remain responsible for all outstanding monitoring requirements and 
mitigation measures required under the terms of the permit for take that 
occurs prior to cancellation, expiration, suspension, or revocation of 
the permit.
    (10) You must promptly notify the Service of any eagle(s) found 
injured or dead at the activity site, regardless of whether the injury 
or death resulted from your activity. The Service will determine the 
disposition of such eagles.
    (11) You are responsible for ensuring that the permitted activity is 
in compliance with all Federal, Tribal, State, and local laws and 
regulations applicable to eagles.
    (d) Applying for an eagle take permit. (1) You are advised to 
coordinate with the Service as early as possible for advice on whether a 
permit is needed and for technical assistance in assembling your permit 
application package. The Service may provide guidance on developing 
complete and adequate application materials and will determine when the 
application form and materials are ready for submission.
    (2) Your application must consist of a completed application Form 3-
200-71 and all required attachments. Send applications to the Regional 
Director of the Region in which the take would occur--Attention: 
Migratory Bird Permit Office. You can find the current addresses for the 
Regional Directors in Sec.2.2 of subchapter A of this chapter.
    (3) Except as set forth in paragraph (d)(3)(ii) of this section, an 
applicant must coordinate with the Service to develop project-specific 
monitoring and survey protocols, take probability models, and any other 
applicable data quality standards, and include in the application all 
the data thereby obtained.

[[Page 148]]

    (i) If the Service has officially issued or endorsed, through 
rulemaking procedures, survey, modeling, or other data quality standards 
for the activity that will take eagles, you must follow them and include 
in your application all the data thereby obtained, unless the Service 
waives this requirement for your application.
    (ii) Applications for eagle incidental take permits for wind 
facilities must include pre-construction eagle survey information 
collected according to the following standards, unless exceptional 
circumstances apply and survey requirements can be modified to 
accommodate those circumstances after consultation with, and written 
concurrence by, the Service:
    (A) Surveys must consist of point-based recordings of bald eagle and 
golden eagle flight activity (minutes of flight) within a three-
dimensional cylindrical plot (the sample plot). The radius of the sample 
plot is 2,625 feet (ft) (800 meters (m)), and the height above ground 
level must be either 656 ft (200 m) or 82 ft (25 m) above the maximum 
blade reach, whichever is greater.
    (B) The duration of the survey for each visit to each sample plot 
must be at least 1 hour.
    (C) Sampling must include at least 12 hours per sample plot per year 
for 2 or more years. Each sample plot must be sampled at least once per 
month, and the survey start time for a sampling period must be selected 
randomly from daylight hours,\1\ unless the conditions in paragraph 
(d)(3)(ii)(F) of this section apply.
---------------------------------------------------------------------------

    \1\ Daylight hours are defined as the hours between sunrise and 
sunset.
---------------------------------------------------------------------------

    (D) Sampling design must be spatially representative of the project 
footprint,\2\ and spatial coverage of sample plots must include at least 
30 percent of the project footprint. Sample plot locations must be 
determined randomly, unless the conditions in paragraph (d)(3)(ii)(F) of 
this section apply.
---------------------------------------------------------------------------

    \2\ The project footprint is the minimum-convex polygon that 
encompasses the wind-project area inclusive of the hazardous area around 
all turbines and any associated utility infrastructure, roads, etc.
---------------------------------------------------------------------------

    (E) The permit application package must contain the following:
    (1) Coordinates of each sample point in decimal degrees (specify 
projection/datum).
    (2) The radius and height of each sample plot.
    (3) The proportion of each three-dimensional sample plot that was 
observable from the sample point for each survey.
    (4) Dates, times, and weather conditions for each survey, to include 
the time surveys at each sample point began and ended.
    (5) Information for each survey on the number of eagles by species 
observed (both in flight and perched), and the amount of flight time 
(minutes) that each was in the sample plot area.
    (6) The number of proposed turbines and their specifications, 
including brand/model, rotor diameter, hub height, and maximum blade 
reach (height), or the range of possible options.
    (7) Coordinates of the proposed turbine locations in decimal degrees 
(specify projection/datum), including any alternate sites.
    (F) Stratified-random sampling (a sample design that accounts for 
variation in eagle abundance by, for example, habitat, time of day, 
season) will often provide more robust, efficient sampling. Random 
sampling with respect to time of day, month, or project footprint can be 
waived if stratification is determined to be a preferable sampling 
strategy after consultation and approval in advance with the Service.
    (iii) Application of the Service-endorsed data quality standards of 
paragraphs (d)(3)(i) and (ii) of this section may not be needed if:
    (A) The Service has data of sufficient quality to predict the likely 
risk to eagles;
    (B) Expediting the permit process will benefit eagles; or
    (C) The Service determines the risk to eagles from the activity is 
low enough relative to the status of the eagle population based on:
    (1) Physiographic and biological factors of the project site; or
    (2) The project design (i.e., use of proven technology, micrositing, 
etc.).

[[Page 149]]

    (e) Evaluation of applications. In determining whether to issue a 
permit, we will evaluate:
    (1) Whether take is likely to occur based on the magnitude and 
nature of the impacts of the activity.
    (2) Whether the take is:
    (i) Compatible with the preservation of the bald eagle and the 
golden eagle, including consideration of indirect effects and the 
cumulative effects of other permitted take and other additional factors 
affecting eagle populations;
    (ii) Associated with the permanent loss of an important eagle use 
area;
    (iii) Necessary to protect a legitimate interest in a particular 
locality; and
    (iv) Associated with, but not the purpose of, the activity.
    (3) Whether the cumulative authorized take, including the proposed 
take, would exceed 5 percent of the local area population.
    (4) Any available data indicating that unauthorized take may exceed 
10 percent of the local area population.
    (5) Whether the applicant has proposed all avoidance and 
minimization measures to reduce the take to the maximum degree 
practicable relative to the magnitude of the impacts to eagles.
    (6) Whether the applicant has proposed compensatory mitigation 
measures that comply with standards set forth under paragraph (c)(1) of 
this section to compensate for remaining unavoidable impacts after all 
appropriate and practicable avoidance and minimization measures have 
been applied.
    (7) Whether issuing the permit would preclude the Service from 
authorizing another take necessary to protect an interest of higher 
priority, according to the following prioritization order:
    (i) Safety emergencies;
    (ii) Increased need for traditionally practiced Native American 
tribal religious use that requires taking eagles from the wild;
    (iii) Non-emergency activities necessary to ensure public health and 
safety; and
    (iv) Other interests.
    (8) For projects that are already operational and have taken eagles 
without a permit, whether such past unpermitted eagle take has been 
resolved or is in the process of resolution with the Office of Law 
Enforcement through settlement or other appropriate means.
    (9) Any additional factors that may be relevant to our decision 
whether to issue the permit, including, but not limited to, the cultural 
significance of a local eagle population.
    (f) Required determinations. Before we issue a permit, we must find 
that:
    (1) The direct and indirect effects of the take and required 
mitigation, together with the cumulative effects of other permitted take 
and additional factors affecting the eagle populations within the eagle 
management unit and the local area population, are compatible with the 
preservation of bald eagles and golden eagles.
    (2) The taking is necessary to protect an interest in a particular 
locality.
    (3) The taking is associated with, but not the purpose of, the 
activity.
    (4) The applicant has applied all appropriate and practicable 
avoidance and minimization measures to reduce impacts to eagles.
    (5) The applicant has applied all appropriate and practicable 
compensatory mitigation measures, when required, pursuant to paragraph 
(c) of this section, to compensate for remaining unavoidable impacts 
after all appropriate and practicable avoidance and minimization 
measures have been applied.
    (6) Issuance of the permit will not preclude issuance of another 
permit necessary to protect an interest of higher priority as set forth 
in paragraph (e)(7) of this section.
    (7) Issuance of the permit will not interfere with an ongoing civil 
or criminal action concerning unpermitted past eagle take at the 
project.
    (g) We may deny issuance of a permit if we determine that take is 
not likely to occur.
    (h) Permit duration. The duration of each permit issued under this 
section will be designated on its face and will be based on the duration 
of the proposed activities, the period of time for

[[Page 150]]

which take will occur, the level of impacts to eagles, and the nature 
and extent of mitigation measures incorporated into the terms and 
conditions of the permit. A permit for incidental take will not exceed 
30 years.
    (i) Applicants for eagle incidental take permits who submit a 
completed permit application by July 14, 2017 may elect to apply for 
coverage under the regulations that were in effect prior to January 17, 
2017 provided that the permit application satisfies the permit 
application requirements of the regulations in effect prior to January 
17, 2017. If the Service issues a permit to such applicants, all of the 
provisions and conditions of the regulations that were in effect prior 
to January 17, 2017 will apply.

[74 FR 46877, Sept. 11, 2009, as amended at 79 FR 73725, Dec. 9, 2013; 
81 FR 8004, Feb. 17, 2016; 81 FR 91551, Dec. 16, 2016]



Sec.22.27  Removal of eagle nests.

    (a) Purpose and scope. (1) A permit may be issued under this section 
to authorize removal or relocation of:
    (i) An in-use or alternate nest where necessary to alleviate an 
existing safety emergency, or to prevent a rapidly developing safety 
emergency that is otherwise likely to result in bodily harm to humans or 
eagles while the nest is still in use by eagles for breeding purposes;
    (ii) An alternate nest when the removal is necessary to ensure 
public health and safety;
    (iii) An alternate nest, or an in-use nest prior to egg-laying, that 
is built on a human-engineered structure and creates, or is likely to 
create, a functional hazard that renders the structure inoperable for 
its intended use; or
    (iv) An alternate nest, provided the take is necessary to protect an 
interest in a particular locality and the activity necessitating the 
take or the mitigation for the take will, with reasonable certainty, 
provide a net benefit to eagles.
    (2) Where practicable and biologically warranted, the permit may 
require a nest to be relocated, or a substitute nest provided, in a 
suitable site within the same territory to provide a viable nesting 
option for eagles within that territory, unless such relocation would 
create a threat to safety. However, we may issue permits to remove nests 
that we determine cannot or should not be relocated. The permit may 
authorize take of eggs or nestlings if present. The permit may also 
authorize the take of adult eagles (e.g., disturbance or capture) 
associated with the removal or relocation of the nest.
    (3) A permit may be issued under this section to cover multiple nest 
takes over a period of up to 5 years, provided the permittee complies 
with comprehensive measures developed in coordination with the Service 
to minimize the need to remove nests and specified as conditions of the 
permit.
    (4) This permit does not authorize intentional, lethal take of 
eagles.
    (b) Conditions. (1) The permit does not authorize take of in-use 
nests except:
    (i) For safety emergencies as provided under paragraph (a)(1)(i) of 
this section; or
    (ii) Prior to egg-laying if the in-use nest is built on a human-
engineered structure and meets the provisions set forth in paragraph 
(a)(1)(iii) of this section.
    (2) When an in-use nest must be removed under this permit, any take 
of nestlings or eggs must be conducted by a Service-approved, qualified 
agent. All nestlings and viable eggs must be immediately transported to 
foster/recipient nests or a rehabilitation facility permitted to care 
for eagles, as directed by the Service, unless the Service waives this 
requirement.
    (3) Possession of the nest for any purpose other than removal or 
relocation is prohibited without a separate permit issued under this 
part authorizing such possession.
    (4) You must submit a report consisting of a summary of the 
activities conducted under the permit to the Service within 30 days 
after the permitted take occurs, except that for programmatic permits, 
you must report each nest removal within 10 days after the take and 
submit an annual report by January 31 containing all the information 
required in Form 3-202-16 for activities conducted during the preceding 
calendar year.
    (5) You may be required to monitor the area and report whether 
eagles attempt to build or occupy another nest

[[Page 151]]

at another site in the vicinity for the duration specified in the 
permit.
    (6) You may be required under the terms of the permit to harass 
eagles from the area following the nest removal when the Service 
determines it is necessary to prevent eagles from re-nesting in the 
vicinity.
    (7) You must comply with all avoidance, minimization, or other 
mitigation measures specified in the terms of your permit to mitigate 
for the detrimental effects on eagles, including indirect and cumulative 
effects, of the permitted take.
    (8) Compensatory mitigation scaled to project impacts will be 
required for any permit authorizing take that would exceed the 
applicable eagle management unit take limits. Compensatory mitigation 
must conform to the standards set forth at Sec.22.26(c)(1)(iii). 
Compensatory mitigation may also be required in the following 
circumstances:
    (i) When cumulative authorized take, including the proposed take, 
would exceed 5 percent of the local area population;
    (ii) When available data indicate that cumulative unauthorized 
mortality would exceed 10 percent of the local area population; or
    (iii) If the permitted activity does not provide a net benefit to 
eagles, you must apply appropriate and practicable compensatory 
mitigation measures as specified in your permit to provide a net benefit 
to eagles scaled to the effects of the nest removal.
    (9) The Service may amend or revoke a programmatic permit issued 
under this section if new information indicates that revised permit 
conditions are necessary, or that suspension or revocation is necessary, 
to safeguard local or regional eagle populations.
    (10) Notwithstanding the provisions of Sec.13.26 of this 
subchapter, you remain responsible for all outstanding monitoring 
requirements and mitigation measures required under the terms of the 
permit for take that occurs prior to cancellation, expiration, 
suspension, or revocation of the permit.
    (11) You are responsible for ensuring that the permitted activity is 
in compliance with all Federal, Tribal, State, and local laws and 
regulations applicable to eagles.
    (c) Applying for a permit to take eagle nests. (1) If the take is 
necessary to address an immediate threat to human or eagle safety, 
contact your local U.S. Fish and Wildlife Service Regional Migratory 
Bird Permit Office (http://www.fws.gov/permits/mbpermits/addresses.html) 
at the earliest possible opportunity to inform the Service of the 
emergency.
    (2) Your application must consist of a completed application Form 3-
200-72 and all required attachments. Send applications to the Regional 
Director of the Region in which the disturbance would occur--Attention: 
Migratory Bird Permit Office. You can find the current addresses for the 
Regional Directors in Sec.2.2 of subchapter A of this chapter.
    (d) Evaluation of applications. In determining whether to issue a 
permit, we will evaluate:
    (1) Whether the activity meets the requirements of paragraph (a)(1) 
of this section;
    (2) The direct and indirect effects of the take and required 
mitigation, together with the cumulative effects of other permitted take 
and additional factors affecting eagle populations;
    (3) Whether there is a practicable alternative to nest removal that 
will protect the interest to be served;
    (4) Whether issuing the permit would preclude the Service from 
authorizing another take necessary to protect an interest of higher 
priority, as set forth in paragraph (e)(5) of this section;
    (5) For take that is not necessary to alleviate an immediate safety 
emergency, whether suitable nesting and foraging habitat is available to 
accommodate eagles displaced by the nest removal; and
    (6) Any additional factors that may be relevant to our decision 
whether to issue the permit, including, but not limited to, the cultural 
significance of a local eagle population.
    (e) Required determinations. Before issuing a permit under this 
section, we must find that:
    (1) The direct and indirect effects of the take and required 
mitigation, together with the cumulative effects of other permitted take 
and additional

[[Page 152]]

factors affecting eagle populations, are compatible with the 
preservation of the bald eagle or the golden eagle.
    (2) For alternate nests:
    (i) The take is necessary to ensure public health and safety;
    (ii) The nest is built on a human-engineered structure and creates, 
or is likely to create, a functional hazard that renders the structure 
inoperable for its intended use; or
    (iii) The take is necessary to protect an interest in a particular 
locality, and the activity necessitating the take or the mitigation for 
the take will, with reasonable certainty, provide a net benefit to 
eagles.
    (3) For in-use nests prior to egg-laying, the nest is built on a 
human-engineered structure and creates, or is likely to create, a 
functional hazard that renders the structure inoperable for its intended 
use.
    (4) For in-use nests, the take is necessary to alleviate an existing 
safety emergency, or to prevent a rapidly developing safety emergency 
that is otherwise likely to result in bodily harm to humans or eagles 
while the nest is still in use by eagles for breeding purposes.
    (5) There is no practicable alternative to nest removal that would 
protect the interest to be served.
    (6) Issuing the permit will not preclude the Service from 
authorizing another take necessary to protect an interest of higher 
priority, according to the following prioritization order:
    (i) Safety emergencies;
    (ii) Increased need for traditionally practiced Native American 
tribal religious use that requires taking eagles from the wild;
    (iii) Non-emergency activities necessary to ensure public health and 
safety;
    (iv) Resource development or recovery operations (under Sec.22.25, 
for golden eagle nests only); and
    (v) Other interests.
    (f) Tenure of permits. The tenure of any permit to take eagle nests 
under this section is set forth on the face of the permit and will not 
be longer than 5 years.

[74 FR 46877, Sept. 11, 2009, as amended at 81 FR 91553, Dec. 16, 2016]



Sec.22.28  Permits for bald eagle take exempted under the Endangered
Species Act.

    (a) Purpose and scope. This permit authorizes take of bald eagles 
(Haliaeetus leucocephalus) in compliance with the terms and conditions 
of a section 7 incidental take statement under the Endangered Species 
Act of 1973, as amended (ESA) (16 U.S.C. 1531 et seq.; 50 CFR 402, 
Subpart B) issued prior to the effective date of 50 CFR 22.26.
    (b) Issuance criteria. Before issuing you a permit under this 
section, we must find that you are in full compliance with the terms and 
conditions contained in the applicable ESA incidental take statement 
issued prior to the effective date of 50 CFR 22.26 for take of eagles, 
based on your certification and any other relevant information available 
to us, including, but not limited to, monitoring or progress reports 
required pursuant to your incidental take statement. The terms and 
conditions of the Eagle Act permit under this section, including any 
modified terms and conditions, must be compatible with the preservation 
of the bald eagle.
    (c) Permit conditions. (1) You must comply with all terms and 
conditions of the incidental take statement issued under section 7 of 
the ESA, or modified measures specified in the terms of your permit 
issued under this section. At permit issuance or at any time during its 
tenure, the Service may modify the terms and conditions that were 
included in your ESA incidental take statement, based on one or more of 
the following factors:
    (i) You requested and received modified measures because some of the 
requirements for take authorization under the ESA were not necessary for 
take authorization under the Eagle Act;
    (ii) The amount or extent of incidental take authorized under the 
take statement is exceeded;
    (iii) New information reveals effects of the action that may affect 
eagles in a manner or to an extent not previously considered, and 
requires modification of the terms and conditions to ensure the 
preservation of the bald eagle or the golden eagle; or

[[Page 153]]

    (iv) The activity will be modified by the permittee in a manner that 
causes effects to eagles that were not previously considered and which 
requires modification of the terms and conditions in the incidental take 
statement in order to ensure the preservation of the bald eagle or the 
golden eagle.
    (2) During any period when the eagles covered by your incidental 
take statement are listed under the ESA, you must comply with the terms 
and conditions of both the incidental take statement and the permit 
issued under this section.
    (d) Permit duration. The permit will be valid until the action that 
will take eagles, as described in the incidental take statement or 
modified to condition the permit issued under this section, is 
completed, as long as the permittee complies with the terms and 
conditions of the permit, including any modified terms and conditions.
    (e) Applying for an eagle take permit. (1) Your application must 
consist of a copy of the applicable section 7 incidental take statement 
issued pursuant to the Endangered Species Act (ESA), and a signed 
certification that you are in full compliance with all terms and 
conditions of the ESA incidental take statement.
    (2) If you request reevaluation of the terms and conditions required 
under your previously granted ESA incidental take statement for eagles, 
you must include a description of the modifications you request, and an 
explanation for why you believe the original conditions or measures are 
not reasonably justified to offset the detrimental impact of the 
permitted activity on eagles.
    (3) Send completed permit applications to the Regional Director of 
the Region in which the disturbance would occur--Attention: Migratory 
Bird Permit Office. You can find the current addresses for the Regional 
Directors in Sec.2.2 of subchapter A of this chapter.

[73 FR 29083, May 20, 2008; 74 FR 46879, Sept. 11, 2009]



          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.

[[Page 154]]

    (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?
23.9 Incorporation by reference.

          Subpart B_Prohibitions, Exemptions, and Requirements

23.13 What is prohibited?
23.14 [Reserved]
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 for traveling 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?

[[Page 155]]

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 
          harvested in the United States?
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?
23.74 How can I trade internationally in personal sport-hunted trophies?
23.75 How can I trade internationally in vicu[ntilde]a (Vicugna 
          vicugna)?

          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).

[[Page 156]]



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

    If you are engaging in activities with specimens of CITES-listed 
species these regulations apply to you.

[79 FR 30419, May 27, 2014]



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

[[Page 157]]

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 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.
    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).
    Coral (dead) means pieces of stony coral that contain no living 
coral tissue and in which the structure of the corallites (skeletons of 
the individual polyps) is still intact and the specimens are therefore 
identifiable to the level of species or genus. See also Sec.
23.23(c)(13).
    Coral fragments, including coral gravel and coral rubble, means 
loose pieces of broken finger-like stony coral between 2 and 30 mm 
measured in all directions that contain no living coral tissue and are 
not identifiable to the level of genus (see Sec.23.92 for exemptions).
    Coral (live) means pieces of stony coral that are alive and are 
therefore identifiable to the level of species or genus. See also Sec.
23.23(c)(13).
    Coral rock means hard consolidated material greater than 30 mm 
measured in any direction that consists of pieces of stony coral that 
contain no living coral tissue and possibly also cemented sand, 
coralline algae, or other sedimentary rocks. 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. See also Sec.
23.23(c)(13).
    Coral sand means material that consists entirely or in part of 
finely

[[Page 158]]

crushed stony coral no larger than 2 mm measured in all directions that 
contains no living coral tissue and is not identifiable to the level of 
genus (see Sec.23.92 for exemptions).
    Coral (stony) means any coral in the orders Helioporacea, 
Milleporina, Scleractinia, Stolonifera, and Stylasterina.
    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 a particular character or combination of characters; 
is distinct, uniform, and stable in these characters; and when 
propagated by appropriate means, retains these characters. The cultivar 
name and description must be formally published in order to be 
recognized under CITES.
    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, i.e., taken in those marine areas 
beyond the areas subject to the sovereignty or sovereign rights of a 
country consistent with international law, as reflected in the United 
Nations Convention on the Law of the Sea.
    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

[[Page 159]]

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 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.
    Ranched wildlife means specimens of animals reared in a controlled 
environment that were taken from the wild as eggs or juveniles where 
they would otherwise have had a very low probability of surviving to 
adulthood. See also Sec.23.34.
    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

[[Page 160]]

other display purposes that is temporarily moving internationally.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30419, May 27, 2014]



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:

----------------------------------------------------------------------------------------------------------------
                                                                             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:

[[Page 161]]



------------------------------------------------------------------------
        Type of information                   Office to contact
------------------------------------------------------------------------
(a) CITES administrative and         U.S. Management Authority, U.S.
 management issues:                   Fish and Wildlife Service
(1) CITES documents, including        Headquarters, MS: IA, 5275
 application forms and procedures;    Leesburg Pike, Falls Church, VA
 lists of registered scientific       22041-3803, Toll Free: (800) 358-
 institutions and operations          2104/permit questions, Tel: (703)
 breeding Appendix-I wildlife for     358-2095/other questions, Fax:
 commercial purposes; and             (703) 358-2281/permits, Fax: (703)
 reservations                         358-2298/other issues, Email:
(2) Information on the CoP            [email protected], Web
(3) List of CITES species             site: http://www.fws.gov/
(4) Names and addresses of other      international and http://
 countries' Management and            www.fws.gov/permits.
 Scientific Authority offices
(5) Notifications, resolutions, and
 decisions
(6) Standing Committee documents
 and issues
(7) State and tribal export
 programs
------------------------------------------------------------------------
(b) Scientific issues:               U.S. Scientific Authority, U.S.
(1) Animals and Plants Committees     Fish and Wildlife Service
 documents and issues                 Headquarters, MS: IA, 5275
(2) Findings of non-detriment and     Leesburg Pike, Falls Church, VA
 suitability of facilities, and       22041-3803, Tel: (703) 358-1708,
 other scientific findings            Fax: (703) 358-2276, Email:
(3) Listing of species in the         [email protected], Web
 Appendices and relevant              site: http://www.fws.gov/
 resolutions                          international.
(4) Names and addresses of other
 countries' Scientific Authority
 offices and scientists involved
 with CITES-related issues
(5) Nomenclatural issues
------------------------------------------------------------------------
(c) Wildlife clearance procedures:   Law Enforcement, U.S. Fish and
(1) CITES replacement tags            Wildlife Service Headquarters, MS:
(2) Information about wildlife port   OLE, 5275 Leesburg Pike, Falls
 office locations                     Church, VA 22041-3803, Tel: (703)
(3) Information bulletins             358-1949, Fax: (703) 358-2271, Web
(4) Inspection and clearance of       site: http://www.fws.gov/le.
 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
------------------------------------------------------------------------
(d) APHIS plant clearance            U.S. Department of Agriculture
 procedures:                          APHIS/PPQ, 4700 River Road,
(1) Information about plant port      Riverdale, Maryland 20737-1236,
 office locations                     Toll Free: (877) 770-5990/permit
(2) Inspection and clearance of       questions, Tel: (301) 734-8891/
 plant shipments involving:           other CITES issues, Fax: (301) 734-
(i) Import and introduction from      5786/permit questions, Fax: (301)
 the sea of living plants             734-5276/other CITES issues,
(ii) Export and re-export of living   Website: http://www.aphis.usda.gov/
 and nonliving plants                 plant_health
(3) Validation or cancellation of
 CITES plant documents for the type
 of shipments listed in paragraph
 (d)(2) of this section
------------------------------------------------------------------------
(e) CBP plant clearance procedures:  Department of Homeland Security,
(1) Inspection and clearance of       U.S. Customs and Border
 plant shipments involving:           Protection, Office of Field
(i) Import and introduction from      Operations, Agriculture Programs
 the sea of nonliving plants          and Liaison, 1300 Pennsylvania
(ii) Import of living plants from     Avenue, NW, Room 2.5 B,
 Canada at designated border ports    Washington, DC 20229, Tel: (202)
 (7 CFR 319.37-14(b) and 50 CFR       344-3298, Fax: (202) 344-1442
 24.12(d))
(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, Website: http://
(1) CITES export quota information    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
------------------------------------------------------------------------


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014; 79 
FR 43966, July 29, 2014]



Sec.23.8  What are the information collection requirements?

    The Office of Management and Budget approved the information 
collection requirements for application forms and

[[Page 162]]

reports contained in this part and assigned OMB Control Number 1018-
0093. 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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014]



Sec.23.9  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register in accordance 
with 5 U.S.C. 552(a) and 1 CFR part 51. You may inspect copies at the 
U.S. Management Authority, U.S. Fish and Wildlife Service Headquarters, 
MS. IA, 5275 Leesburg Pike, Falls Church, VA 22041-3803, 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.
    (b) International Air Transport Association (IATA), 800 Place 
Victoria, P.O. Box 113, Montreal, Quebec, Canada H4Z 1M1, 1-800-716-
6326, http://www.iata.org.
    (1) Live Animals Regulations (LAR) 40th edition, effective October 
1, 2013, into Sec. Sec.23.23, 23.26, and 23.56.
    (2) Perishable Cargo Regulations (PCR) 13th edition, effective July 
1, 2013, into Sec. Sec.23.23, 23.26, and 23.56.

[79 FR 30420, May 27, 2014, as amended at 79 FR 43967, July 29, 2014]



          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) Use any specimen of a species listed in Appendix I, II, or III 
of CITES for any purpose contrary to what is allowed under Sec.23.55.
    (e) Violate any other provisions of this part.
    (f) Attempt to commit, solicit another to commit, or cause to be 
committed any of the activities described in paragraphs (a) through (e) 
of this section.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014]



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:

[[Page 163]]



------------------------------------------------------------------------
              Species (Appendix
Major group        II only)        Type of specimen      Quantity \1\
------------------------------------------------------------------------
Fishes       (i)                  Sturgeon caviar     125 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.

    (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.

[[Page 164]]

    (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).

[72 FR 48448, Aug. 23, 2007, as amended at 73 FR 40986, July 17, 2008]



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.
    (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 165]]

[GRAPHIC] [TIFF OMITTED] TR27MY14.000


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014]



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 166]]

[GRAPHIC] [TIFF OMITTED] TR27MY14.001


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014]



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 VII and XIV recognize some 
exemptions and provide that a CITES document must accompany most exempt 
specimens.

[[Page 167]]

    (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
 (see paragraph                        ``A''\1\
 (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
 paragraph (d)(5) of                   ``C''\1\
 this section for
 Appendix-I wildlife
 bred in captivity
 for commercial
 purposes)
------------------------------------------------------------------------
(4) Commercially       I              CITES document with   23.47
 propagated Appendix-                  source code
 I plant                               ``D''\1\
------------------------------------------------------------------------
(5) Commercially bred  I              CITES document with   23.46
 Appendix-I wildlife                   source code
 from a breeding                       ``D''\1\
 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        23.42
                                       unless the specimen
                                       qualifies as an
                                       exempt plant hybrid
------------------------------------------------------------------------
(8) Hybrid wildlife    I, II, or III  CITES document        23.43
                                       unless the specimen
                                       qualifies as an
                                       exempt wildlife
                                       hybrid
------------------------------------------------------------------------
(9) In-transit         I, II, or III  CITES document        23.22
 shipment (see                         designating
 paragraph (d)(14) of                  importer and
 this section for                      country of final
 sample collections                    destination
 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
 scientific                            institutions and,
 institutions                          in the United
 registered with the                   States, a CITES
 CITES Secretariat                     certificate of
                                       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 168]]

 
(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 169]]

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.
    (2) At any time during transit, an in-transit shipment must not be 
sold, manipulated, or split unless authorized by

[[Page 170]]

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 issued 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). For products
                               that contain or consist of more than one
                               CITES species, the Appendix in which each
                               species is listed must be indicated on
                               the CITES document.
------------------------------------------------------------------------
(2) Applicant's signature     The applicant's signature if the CITES
                               document includes a place for it.
------------------------------------------------------------------------
(3) Bill of lading, air       As applicable for export or re-export: (i)
 waybill, or flight number     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        A complete description of the specimen,
 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).
------------------------------------------------------------------------
(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.
------------------------------------------------------------------------

[[Page 171]]

 
(7) Humane transport of live  If the CITES document authorizes the
 specimens                     export or re-export of live specimens, a
                               statement that the document is valid only
                               if the transport conditions comply with
                               the International Air Transport
                               Association Live Animals Regulations or
                               the International Air Transport
                               Association Perishable Cargo Regulations
                               (incorporated by reference, see Sec.
                               23.9). A shipment containing live animals
                               must comply with the requirements of the
                               Live Animals Regulations (LAR). A
                               shipment containing live plants must
                               comply with the requirements for plants
                               in the Perishable Cargo Regulations
                               (PCR).
------------------------------------------------------------------------
(8) Identification of the     Any unique identification number or mark
 specimen                      (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. For products that contain or
                               consist of more than one CITES species,
                               the quantity of each species must be
                               indicated on the CITES document.
                              (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.
------------------------------------------------------------------------
(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. For products that
                               contain or consist of more than one CITES
                               species, the scientific name of each
                               species must be indicated on the CITES
                               document. Scientific names must be in the
                               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
                              (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) If the species cannot be determined
                               for worked specimens of black coral,
                               specimens may be identified at the genus
                               level. If the genus cannot be determined
                               for worked specimens of black coral, the
                               scientific name to be used is the order
                               Antipatharia. Raw black coral and live
                               black coral must be identified to the
                               level of species.
                              (C) 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).
                              (D) 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.
------------------------------------------------------------------------

[[Page 172]]

 
(16) Signature                An original handwritten signature or
                               signature stamp 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 products
                               that contain or consist of more than one
                               CITES species, the source code of each
                               species must be indicated on the CITES
                               document. 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            Except as provided for replacement (Sec.
 certification                 23.52(f)) or retrospective (Sec.
                               23.53(f)) CITES documents, 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
------------------------------------------------------------------------

    (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  The page number, document number, and date of issue
 an attached         on each page of an annex that is attached as an
 inventory,          integral part of a CITES document. An authorized
 conditions, or      signature and ink stamp or seal, preferably
 continuation        embossed, of the Management Authority issuing the
 pages of a CITES    CITES document must also be included on each page
 document)           of the annex. The CITES document must indicate an
                     attached annex and the total number of pages.
------------------------------------------------------------------------
(2) Certificate of  A statement that the specimen originated in the
 origin (see Sec.country that issued the certificate.
  23.38)
------------------------------------------------------------------------
(3) Copy when used  (i) Information required in paragraph (e)(7) of this
 in place of the     section when the document authorizes export or re-
 original CITES      export.
 document           (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   The registration number of the operation or nursery
 for a registered    assigned by the Secretariat, and if the exporter is
 commercial          not the registered operation or nursery, the name
 breeding            of the registered operation or nursery.
 operation or
 nursery for
 Appendix-I
 specimens (see
 Sec. 23.46)
------------------------------------------------------------------------
(5) Export permit   Number of specimens, such as 500/1,000, that were:
 with a quota       (i) Exported thus far in the current year, including
                     those covered by the current permit (such as 500),
                     and
                    (ii) Included in the current annual quota (such as
                     1,000).
------------------------------------------------------------------------

[[Page 173]]

 
(6) Import permit   A certification that the specimen will not be used
 (Appendix-I         for primarily commercial purposes and, for a live
 specimen) (see      specimen, that the recipient has suitable
 Sec. 23.35)       facilities and expertise to house and care for it.
------------------------------------------------------------------------
(7) Replacement     When a CITES document replaces an already issued
 CITES document      CITES document that was lost, damaged, stolen, or
 (see Sec. accidentally destroyed:
 23.52)             (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       (i) A list of the blocks that must be completed by
 completed           the permit holder.
 documents (see     (ii) If the list includes scientific names, an
 Sec. 23.51)       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  (i) An indication on the face of the CITES document
 document (see       that the specimen is pre-Convention.
 Sec. 23.45)      (ii) A date that shows the specimen was acquired
                     before the date the Convention first applied to it.
------------------------------------------------------------------------
(10) Re-export      (i) The country of origin, the export permit number,
 certificate (see    and the date of issue.
 Sec. 23.37)      (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.
                    (iv) For products that contain or consist of more
                     than one CITES species, the information in
                     paragraphs (e)(10)(i) through (iii) of this section
                     for each species must be indicated on the CITES
                     document.
------------------------------------------------------------------------
(11) Retrospective  A clear statement that the CITES document is issued
 CITES document      retrospectively and the reason for issuance.
 (see Sec.
 23.53)
------------------------------------------------------------------------
(12) Sample         (i) A statement that the document covers a sample
 collection          collection and is invalid unless accompanied by a
 covered by an ATA   valid ATA carnet.
 carnet (see Sec. (ii) The number of the accompanying ATA carnet
  23.50)             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.
    (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 treat hybrids 
as Appendix-I specimens.
    (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).

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30420, May 27, 2014; 79 
FR 32677, June 6, 2014]



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 may be used in conjunction with another 
code:

[[Page 174]]



------------------------------------------------------------------------
                    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 (see Sec. 23.5).
(ii) Bred for commercial purposes, but the commercial
 breeding operation is not registered with the
 Secretariat.
------------------------------------------------------------------------
(e) Confiscated or seized specimen (see Sec. 23.78).      I
------------------------------------------------------------------------
(f) Pre-Convention specimen (see Sec. 23.45) (code may    O
 be used in conjunction with another code).
------------------------------------------------------------------------
(g) Ranched wildlife (see Sec. 23.5).                     R
------------------------------------------------------------------------
(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.
------------------------------------------------------------------------


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30423, May 27, 2014]



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 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

[[Page 175]]

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      The CITES document has not been altered (including
 modified CITES      by rubbing or scratching out), added to, or
 document            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      The Party issuing the CITES document is not subject
 implementation      to any action under Article VIII or Article XIII
                     paragraph 3 that would not allow trade in the
                     species.
------------------------------------------------------------------------
(6) Extension of    The validity of a CITES document may not be extended
 validity            except as provided in Sec. 23.73 for certain
                     timber species.
------------------------------------------------------------------------
(7) Fraudulent      The CITES document is authentic and does not contain
 CITES document or   erroneous or misleading information.
 CITES document
 containing false
 information
------------------------------------------------------------------------
(8) Humane          Live wildlife or plants were transported in
 transport           compliance with the International Air Transport
                     Association Live Animals Regulations (for animals)
                     or the International Air Transport Association
                     Perishable Cargo Regulations (for plants)
                     (incorporated by reference, see Sec. 23.9).
------------------------------------------------------------------------
(9) Legal           The Party or non-Party issuing the CITES document
 acquisition         has made the required legal acquisition finding.
------------------------------------------------------------------------
(10) Management     The CITES document was issued by a Party or non-
 Authority and       Party that has designated a Management Authority
 Scientific          and Scientific Authority and has provided
 Authority           information on these authorities to the
                     Secretariat.
------------------------------------------------------------------------
(11) Name of        A CITES document is specific to the name on the face
 importer and        of the document and may not be transferred or
 exporter            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  A phytosanitary certificate may be used to export
 certificate         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     (i) The operation is included in the Secretariat's
 commercial          register.
 breeding           (ii) Each specimen is specifically marked, and the
 operation for       mark is described on the CITES document.
 Appendix-I
 wildlife
------------------------------------------------------------------------
(16) Registered     The operation is included in the Secretariat's
 commercial          register.
 nursery for
 Appendix-I plants
------------------------------------------------------------------------
(17) Retrospective  A CITES document was not issued retrospectively
 CITES documents     except as provided in Sec. 23.53.
------------------------------------------------------------------------
(18) Shipment       The contents of the shipment match the description
 contents            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.
------------------------------------------------------------------------

[[Page 176]]

 
(19) Wild-          A wild-collected specimen (indicated on the CITES
 collected           document with a source code of ``W'') is not coming
 specimen            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) The CITES document includes a species for which the Secretariat 
has published an annotated quota.
    (5) We have reasonable grounds to believe that the document is 
fraudulent, contains false information, or has unauthorized changes.
    (6) 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.
    (7) We know or have reasonable grounds to believe that an Appendix-I 
specimen was not bred at a facility registered with the CITES 
Secretariat and that the purpose of the import is commercial.
    (8) 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.
    (9) 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.
    (10) For a replacement CITES document, we need clarification of the 
reason the document was issued.
    (11) The export permit or re-export certificate does not contain 
validation or certification by an inspecting official at the time of 
export of the actual quantity exported or re-exported.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30423, May 27, 2014]



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. Article VI, paragraph 6, of the Treaty 
requires that the Management Authority of the importing country cancel 
and retain the export permit or re-export certificate and any 
corresponding import permit presented. In the United States, for imports 
of CITES-listed plant specimens, CITES inspecting officials cancel and 
submit original CITES documents to the U.S. Management Authority.
    (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 
exporting or re-exporting 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.

[[Page 177]]

    (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.

    (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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30424, May 27, 2014]



       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.

[[Page 178]]

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

[[Page 179]]



----------------------------------------------------------------------------------------------------------------
                   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) Grown from 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) Ranched wildlife                                     (i) Records, such as permits, licenses, and tags, that
                                                          demonstrate that the specimen was legally removed from
                                                          the wild under relevant Federal, tribal, State, or
                                                          local wildlife conservation laws or regulations:
                                                         (A) If taken on private or tribal land, permission of
                                                          the landowner if required under applicable law.
                                                         (B) If taken in a national, State, or local park,
                                                          refuge or other protected area, permission from the
                                                          applicable agency, if required.
                                                         (ii) Records that document the rearing of specimens at
                                                          the facility:
                                                         (A) Number of specimens (by sex and age- or size-class)
                                                          at the facility.
                                                         (B) How long the specimens were reared at the facility.
                                                         (C) Signed and dated statement by the owner or manager
                                                          of the facility that the specimens were reared at the
                                                          facility in a controlled environment.
                                                         (D) Marking system, if applicable.
                                                         (E) Photographs or video of the facility.
----------------------------------------------------------------------------------------------------------------

[[Page 180]]

 
(7) 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).
----------------------------------------------------------------------------------------------------------------
(8) 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.
----------------------------------------------------------------------------------------------------------------
(9) 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 in the wild or from parents that mated or
  exchanged genetic material in the wild, see paragraphs (b)(6) and (b)(9) of this section. If the plant was
  propagated from a non-exempt propagule collected from a wild plant, see paragraph (b)(9) 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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30424, May 27, 2014]



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   3-200-19
 Southern White Rhinoceros Sport-hunted Trophies           .............
Appendix-I Plants                                          3-200-35
Appendix-I Wildlife                                        3-200-37
Appendix-I Biological Samples                              3-200-29
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:                      .............
ESA Plants                                                 3-200-36
ESA Sport-hunted Trophies                                  3-200-20
ESA Wildlife                                               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                                          3-200-46
Under an Approved Cooperative Breeding Program             3-200-48
Scientific Research or Zoological Breeding/Display         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 181]]



------------------------------------------------------------------------
 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:

------------------------------------------------------------------------
  Type of application for an export permit             Form no.
------------------------------------------------------------------------
 (1) CITES:
  American Ginseng.........................  3-200-34
  Appendix-I Plants Artificially Propagated  3-200-33
   for Commercial Purposes.
  Biological Specimens.....................  3-200-29
  Captive-born Raptors.....................  3-200-25
  Captive-born Wildlife (except raptors)...  3-200-24
  Caviar/Live Eggs/Meat of Paddlefish or     3-200-80
   Sturgeon, From an Aquaculture Facility.
  Caviar/Meat of Paddlefish or Sturgeon,     3-200-76
   Removed from the Wild.
  Export of Skins of Bobcat, Canada Lynx,    3-200-26
   River Otter, Brown Bear, Gray Wolf, and
   American Alligator Taken under an
   Approved State or Tribal Program.
  Master File for the Export of Live         3-200-85
   Animals Bred in Captivity.
  Personal Pets, One-time Export...........  3-200-46
  Plants...................................  3-200-32
  Registration of a Native Species           3-200-75
   Production Facility.
  Single-use Permits under a Master File or  3-200-74
   an Annual Program File.
  Trophies by Hunters or Taxidermists......  3-200-28
  Wildlife, Removed from the Wild (Live      3-200-27
   Animals/Samples/Parts/Products).
(2) Endangered Species Act and CITES:
  ESA Plants...............................  3-200-36
  ESA Wildlife.............................  3-200-37
(3) Marine Mammal Protection Act and CITES:
  Biological Samples.......................  3-200-29
  Live Captive-held Marine Mammals.........  3-200-53
  Take from the Wild for Export............  3-200-43
------------------------------------------------------------------------


[[Page 182]]

    (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.
----------------------------------------------------------------------------------------------------------------
(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.

[[Page 183]]

    (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.
    (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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30424, May 27, 2014]



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                                       3-200-29
Plants                                                     3-200-32
Single-use Permits under a Master File or an Annual        3-200-74
 Program File                                              3-200-28
Trophies by Taxidermists                                   3-200-73
Wildlife
------------------------------------------------------------------------
(2) Endangered Species Act and CITES:                      .............
ESA Plants                                                 3-200-36
ESA Wildlife                                               3-200-37
------------------------------------------------------------------------
(3) Marine Mammal Protection Act and CITES:                .............
Biological Samples                                         3-200-29
Live Captive-held Marine Mammals                           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.
----------------------------------------------------------------------------------------------------------------

[[Page 184]]

 
(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.
----------------------------------------------------------------------------------------------------------------
(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 185]]

 
(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 186]]

 
(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 treat hybrids as
 Appendix-I specimens 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 or spore, 
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 treat hybrids 
as Appendix-I specimens. (See Sec.23.47.)
    (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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]



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, 3-200-80, or 3-
200-85 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.
----------------------------------------------------------------------------------------------------------------
(2) The wildlife specimen was bred  Yes             n/a             n/a             23.5
 for noncommercial purposes or is
 part of a traveling exhibition.
----------------------------------------------------------------------------------------------------------------

[[Page 187]]

 
(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.
----------------------------------------------------------------------------------------------------------------


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]



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 treat  (2) NO. The hybrid is listed in
 hybrids as Appendix-I specimens?     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.
------------------------------------------------------------------------


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]



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 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.

[[Page 188]]

    (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 specimens in the previous four generations of its 
ancestry. If you are unable to clearly demonstrate this, you must obtain 
CITES documents. The information you provide must clearly identify the 
specimen and demonstrate its recent lineage. Such information may 
include, but is not limited to, the following:
    (i) Records that identify the name and address of the breeder and 
identify the specimen by birth or hatch date and by sex, band number, 
microchip number, or other mark.
    (ii) A certified pedigree issued by an internationally recognized 
association that contains scientific names of the animals in the 
specimen's recent lineage and clearly illustrates its genetic history. 
If the pedigree contains codes, you must provide a key or guide that 
explains the meaning of the codes.
    (3) Although a CITES document is not required for an exempt wildlife 
hybrid, you must follow the clearance requirements for wildlife in part 
14 of this subchapter, including the prior notification requirements for 
live wildlife.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]



Sec.23.44  What are the requirements for traveling 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).

[[Page 189]]

    (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.
    (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.
    (7) You must return the wildlife to the United States before the 
certificate expires.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30425, May 27, 2014]



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

[[Page 190]]

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.
    (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 allow a further 30 
days for resolution of the identified problems.
    (4) If the objection is not withdrawn or the identified problems are 
not resolved within the 30-day period, the Secretariat will submit the 
application to the Standing Committee at its next regular meeting. The 
Standing Committee will determine whether the objection is justified and 
decide whether to accept the application.
    (5) When the Secretariat is satisfied that the operation meets the 
registration requirements, it will include the operation in its 
register.
    (6) Operations are assigned an identification number and listed in 
the official register. Registration is not final until the Secretariat 
notifies all Parties.
    (7) 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 to the Standing Committee 
that the operation be deleted from the register. At its following 
meeting, the Standing Committee will consider the concerns raised by the 
objecting Party, and any comments from the registering Party and the 
Secretariat, and determine whether the operation should be deleted from 
the register. Once an operation has been deleted, it must re-apply and 
meet the registration requirements to be reinstated.
    (8) 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. In the United States, we will monitor 
registered operations, in part, by requiring each operation to apply for 
renewal and demonstrate that it continues to qualify for registration at 
least once every 5 years. (See paragraphs (e)(4) and (f) of this 
section.) 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.
    (9) A Party may unilaterally request the removal of a registered 
operation within its jurisdiction by notifying the Secretariat.
    (10) 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 in captivity 
(see Sec.23.63).
    (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
----------------------------------------------------------------------------------------------------------------

[[Page 191]]

 
(2) The parental stock was legally acquired.                     23.60
----------------------------------------------------------------------------------------------------------------
(3) The wildlife meets bred-in-captivity criteria.               23.63
----------------------------------------------------------------------------------------------------------------
(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 allow our agents to enter the premises at any 
reasonable hour to inspect wildlife held or to inspect, audit, or copy 
applicable records.
    (4) Registrations will be valid for a period not to exceed 5 years. 
Registrants who wish to remain registered must request renewal before 
the end of the period of validity of the registration.
    (f) U.S. application to renew a registration. Requests for renewal 
of a registration should be submitted at least 3 months before the 
registration expires. Complete Form 3-200-65 and submit it to the U.S. 
Management Authority.
    (g) Criteria for renewal of U.S. registrations. To renew your 
registration, you must provide sufficient information for us to find 
that your proposed activity continues to meet all of the criteria in 
paragraph (d) of this section.
    (h) 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.
    (i) U.S. application form. Complete the appropriate form (see Sec.
23.36) and submit it to the U.S. Management Authority.
    (j) 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:

[[Page 192]]



----------------------------------------------------------------------------------------------------------------
                 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.
----------------------------------------------------------------------------------------------------------------
(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.
----------------------------------------------------------------------------------------------------------------


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]



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. This section does not apply to 
hybrids of one or more Appendix-I species or taxa that are not annotated 
to treat hybrids as Appendix-I specimens (see Sec.23.40).
    (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
----------------------------------------------------------------------------------------------------------------

[[Page 193]]

 
(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.
----------------------------------------------------------------------------------------------------------------

    (e) Nursery registration. [Reserved]

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]



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

[[Page 194]]

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.
    (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

[[Page 195]]

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 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

[[Page 196]]

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.
    (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.

[[Page 197]]

    (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.
    (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 renew a U.S. CITES document, see part 13 of this 
subchapter. To amend a U.S. CITES document, see part 13 of this 
subchapter if the activity has not yet occurred or, if the activity has 
already occurred, see Sec.23.53 of this part.
    (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

[[Page 198]]

date of issuance of the document being replaced, and give the reason for 
replacement.
    (6) In the United States, you may not use an original single-use 
CITES document issued under a CITES master file or CITES annual program 
as a replacement document for a shipment that has already left the 
country.
    (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):

------------------------------------------------------------------------
        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.
    (1) 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:
    (i) The circumstances for the lost, damaged, stolen, or accidentally 
destroyed CITES document are reasonable.
    (ii) 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.
    (iii) The specimens were presented to the appropriate official for 
inspection at the time of import and a request for a replacement CITES 
document was made at that time.
    (2) For acceptance of foreign CITES replacement documents in the 
United States, you must provide sufficient information for us to find 
that your proposed activity meets all of the following criteria:
    (i) The specimens were presented to the appropriate official for 
inspection at the time of import and a request for a replacement CITES 
document was made at that time.
    (ii) The importer or the importer's agent submitted a signed, dated, 
and notarized statement at the time of import that describes the 
circumstances that resulted in the CITES document being lost, damaged, 
stolen, or accidentally destroyed.
    (iii) The importer or the importer's agent provided a copy of the 
original lost, stolen, or accidentally destroyed document at the time of 
import showing that the document met the requirements in Sec. Sec.
23.23, 23.24, and 23.25.
    (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.

[[Page 199]]

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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]



Sec.23.53  What are the requirements for obtaining a retrospective 
CITES document?

    (a) Retrospective CITES documents may be issued and accepted in 
certain limited situations after an export or re-export has occurred, 
but before the shipment is cleared for import. When specific conditions 
are met, a retrospective CITES document may be issued to authorize trade 
that has taken place without a CITES document or to correct certain 
technical errors in a CITES document after the authorized activity has 
occurred.
    (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.
    (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.
    (8) In the United States, you may not use a U.S. CITES document 
issued under a CITES master file or CITES annual program as a 
retrospective CITES 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

[[Page 200]]

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 made a technical error when issuing 
the CITES document that was not prompted by information provided by the 
applicant.
    (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 as defined in Sec.23.5.
    (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.
    (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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]



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

[[Page 201]]

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?

    In addition to the provisions in Sec.23.3, you may only use CITES 
specimens after import into the United States for the following 
purposes:

------------------------------------------------------------------------
                                               Allowed use within the
        If the species is listed in                 United States
------------------------------------------------------------------------
(a) Appendix I, except for specimens        The specimen may be used
 imported with a CITES exemption document    only for noncommercial
 listed in paragraph (d) of this section.    purposes (see Sec. 23.5).
(b) Appendix II with an annotation for      Exception:
 noncommercial purposes where other         If the specimen was lawfully
 specimens of that species are treated as    imported, with no
 if listed in Appendix I.                    restrictions on its use
(c) Appendix II without an annotation for    after import, before the
 noncommercial purposes, or Appendix III,    species was listed as
 and threatened under the ESA, except as     described in paragraphs
 provided in a special rule in Sec.Sec.(a), (b), or (c) of this
  17.40 through 17.48 or under a permit      section, you may continue
 granted under Sec.Sec. 17.32 or 17.52   to use the specimen as
                                             indicated for paragraphs
                                             (d), (e) and (f) of this
                                             section provided you can
                                             clearly demonstrate (using
                                             written records or other
                                             documentary evidence) that
                                             your specimen was imported
                                             prior to the CITES listing,
                                             with no restrictions on its
                                             use after import. If you
                                             are unable to clearly
                                             demonstrate that this
                                             exception applies, the
                                             specimen may be used only
                                             for noncommercial purposes.
------------------------------------------------------------------------
(d) Appendix I, and imported with a CITES   The specimen may be used for
 exemption document as follows:              any lawful purpose, except
(1) U.S-issued certificate for personally    if the regulations in this
 owned wildlife.                             part or 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) Certificate for artificially
 propagated plants with a source code of
 ``A'' for artificially propagated hybrid
 specimens derived from one or more
 unannotated Appendix-I species or other
 taxa.
(6) U.S.-issued traveling-exhibition
 certificate.
(e) Appendix II, other than those in
 paragraphs (b) and (c) of this section.
(f) Appendix III, other than those in
 paragraph (c) of this section.
------------------------------------------------------------------------


[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]



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 the International Air Transport Association 
Live Animals Regulations (for animals) or the International Air 
Transport Association Perishable Cargo Regulations (for plants) 
(incorporated by reference, see Sec.23.9).
    (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

[[Page 202]]

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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]



         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 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.

[[Page 203]]

    (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.
    (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:

[[Page 204]]

    (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.
    (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).

[[Page 205]]

    (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 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

[[Page 206]]

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 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

[[Page 207]]

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 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

[[Page 208]]

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.
    (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 or spores 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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]

[[Page 209]]



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 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

[[Page 210]]

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 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.

[[Page 211]]

    (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 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 harvested in the United States?
          

    (a) U.S. and foreign general provisions. For purposes of this 
section, CITES furbearers means bobcat (Lynx rufus), river otter (Lontra 
canadensis), Canada lynx (Lynx canadensis), gray wolf (Canis lupus), and 
brown bear (Ursus arctos) harvested in the United States . 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.

[[Page 212]]

    (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.
    (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,

[[Page 213]]

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 without a CITES tag permanently attached may not be 
exported or re-exported. If the CITES tag has been inadvertently 
removed, damaged, or lost you may obtain a replacement tag. 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 inadvertently removed, damaged, or lost, 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 has been inadvertently removed or 
damaged, you must give us the tag. If the tag is lost, 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 or to export products made from fur skins, complete Form 3-200-
27 and submit it to the U.S. Management Authority.
    (3) To re-export fur skins or products made from 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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30426, May 27, 2014]



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.

[[Page 214]]

    (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 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.

[[Page 215]]

    (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 tamper-resistant, 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 Web site; see Sec.23.7), and for specimens of 
species from populations that have been transferred from Appendix I to 
Appendix II for ranching, the year of skin 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 skin production or 
harvest, and a unique serial number.
    (iii) If the year of skin production or harvest and serial number 
appear next to each other on a tag, the information should be separated 
by a hyphen.
    (2) Skins, flanks, and chalecos must be individually tagged.
    (3) Skins without a non-reusable tag permanently attached may not be 
exported or re-exported. 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 
inadvertently removed, damaged, or lost, 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 
has been inadvertently removed or damaged, you must give us the tag. If 
the tag is lost, 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 skin 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 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.
    (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.

[[Page 216]]

    (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, except for products made from American 
alligators, 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 or to export products made from American alligators,, 
complete Form 3-200-27 and submit it to the U.S. Management Authority.
    (3) To re-export crocodilian specimens, complete Form 3-200-73 and 
submit it to either 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.
    (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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30427, May 27, 2014]



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

    (a) U.S. and foreign provisions. For the purposes of this section, 
sturgeon caviar or caviar means the processed roe of any species of 
sturgeon or paddlefish (order Acipenseriformes). It does not include 
sturgeon or paddlefish eggs contained in shampoos, cosmetics, lotions, 
or other products for topical application. The import, export, or re-
export of sturgeon caviar must meet the requirements of this section and 
the other requirements of this part. The import, export, or re-export of 
Acipenseriformes specimens other than caviar must meet 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. In 
the United States, the design of the label will be determined by the 
labeler in accordance with the requirements of this section.
    (ii) Primary container means any container (tin, jar, pail or other 
receptacle) 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. 
In the United States, this may be done by the person who harvested the 
roe.
    (v) Repackaging plant means a facility responsible for receiving and 
repackaging caviar into new primary containers. This includes any 
facility where caviar is removed from the container in which it was 
received and placed in a different container.
    (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'' (codes are available on our website; see Sec.23.7).
    (ii) Source code.
    (iii) Two-letter ISO code of the country of origin.

[[Page 217]]

    (iv) Year of harvest. This is either the calendar year in which 
caviar was harvested or, for caviar imported from shared stocks subject 
to quotas, the quota year in which it was harvested.
    (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, for caviar that is being re-
exported, the CITES document number under which it was imported may be 
used in place of the lot identification 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. The quotas are based on an appropriate regional conservation 
strategy and monitoring regime and are not detrimental to the survival 
of the species in the wild.
    (2) The quotas have been communicated to the CITES Secretariat and 
the Secretariat has communicated the annual export quotas to CITES 
Parties.
    (3) The caviar is exported during the quota year (March 1 - last day 
of February) 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 that consists 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 or Form 3-200-80 
and submit it to the U.S. Management Authority. For re-export, complete 
Form 3-200-73 and submit it either to FWS Law Enforcement or the U.S. 
Management Authority.
    (i) CITES register of exporters and of processing and repackaging 
plants. The CITES Secretariat maintains a ``Register of licensed 
exporters and of processing and repackaging plants for specimens of 
sturgeon and paddlefish species'' on its Web site. If you hold a current 
import-export license issued by FWS Law Enforcement and wish to be added 
to the CITES register, you may submit your contact information and 
processing or repackaging plant codes to the U.S. Management Authority 
for submission to the CITES Secretariat.

[72 FR 48448, Aug. 23, 2007, as amended at 73 FR 40986, July 17, 2008; 
79 fr 30428, May 27, 2014]



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),

[[Page 218]]

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 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

[[Page 219]]

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 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 a whole dead animal or a readily 
recognizable part or derivative of an animal specifically identified on 
accompanying CITES documents that meets the following criteria:
    (1) Is raw, processed, or manufactured;
    (2) Was legally obtained by the hunter through hunting for his or 
her personal use;
    (3) Is being imported, exported, or re-exported by or on behalf of 
the hunter as part of the transfer from its country of origin ultimately 
to the hunter's country of usual residence; and
    (4) Includes worked, manufactured, or handicraft items made from the 
sport-hunted animal only when:
    (i) Such items are contained in the same shipment as raw or tanned 
parts of the sport-hunted animal and are for the personal use of the 
hunter;
    (ii) The quantity of such items is no more than could reasonably be 
expected given the number of animals taken by the hunter as shown on the 
license or other documentation of the authorized hunt accompanying the 
shipment; and
    (iii) The accompanying CITES documents (export document and, if 
appropriate, import permit) contain a complete itemization and 
description of all items included in the shipment.
    (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. The following provisions apply to the issuance and 
acceptance of U.S. and foreign documents for sport-hunted trophies 
originating from a population for which the Conference of the Parties 
has established an export quota. The number of trophies that one hunter 
may import in any calendar year for the following species is:

[[Page 220]]

    (1) No more than two leopard (Panthera pardus) trophies.
    (2) No more than one markhor (Capra falconeri) trophy.
    (3) No more than one black rhinoceros (Diceros bicornis) trophy.
    (e) Marking or tagging. (1) The following provisions apply to the 
issuance and acceptance of U.S. and foreign documents for sport-hunted 
trophies originating from a population for which the Conference of the 
Parties has established an export quota. 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.
    (iii) Crocodilians: See marking requirements in Sec.23.70.
    (iv) 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.
    (2) African elephant (Loxodonta africana). The following provisions 
apply to the issuance and acceptance of U.S. and foreign documents for 
sport-hunted trophies of African elephant. The trophy ivory must be 
legibly marked by means of punch-dies, indelible ink, or other form of 
permanent marking, under a marking and registration system established 
by the country of origin, with the following formula: The country of 
origin represented by the corresponding two-letter ISO country code; the 
last two digits of the year in which the elephant was harvested for 
export; the serial number for the year in question; and the weight of 
the ivory in kilograms. The mark must be highlighted with a flash of 
color and placed on the lip mark area. The lip mark area is the area of 
a whole African elephant tusk where the tusk emerges from the skull and 
which is usually denoted by a prominent ring of staining on the tusk in 
its natural state.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30428, May 27, 2014]



Sec.23.75  How can I trade internationally in vicu[ntilde]a 
(Vicugna vicugna)?

    (a) U.S. and foreign general provisions. The import, export, or re-
export of specimens of vicu[ntilde]a must meet the requirements of this 
section and the other requirements of this part (see subparts B and C of 
this part for prohibitions and application procedures). Certain 
populations of vicu[ntilde]a are listed in Appendix II for the exclusive 
purpose of allowing international trade in wool sheared from live 
vicu[ntilde]as, cloth made from such wool, and products manufactured 
from such wool or cloth. All other specimens of vicu[ntilde]a are deemed 
to be specimens of a species included in Appendix I.
    (b) Vicu[ntilde]a Convention means the Convenio para la 
Conservaci[oacute]n y Manejo de la Vicu[ntilde]a, of which vicu[ntilde]a 
range countries are signatories.
    (c) Vicu[ntilde]a logotype means the logotype adopted by the 
vicu[ntilde]a range countries under the Vicu[ntilde]a Convention.
    (d) Country of origin for the purposes of the vicu[ntilde]a label 
means the name of the country where the vicu[ntilde]a wool in the cloth 
or product originated.
    (e) Wool sheared from live vicu[ntilde]as, cloth from such wool, and 
products manufactured from such wool or cloth may be imported from 
Appendix-II populations only when they meet the labeling requirements in 
paragraph (f) of this section.
    (f) Labeling requirements. Except for cloth containing CITES pre-
Convention wool of vicu[ntilde]a, you may import, export, or re-export 
vicu[ntilde]a cloth only when the reverse side of the cloth bears the 
vicu[ntilde]a logotype and the selvages bear the words ``VICU[Ntilde]A--
COUNTRY OF ORIGIN''. Specimens of other products manufactured from 
vicu[ntilde]a wool or cloth must bear a label that has the

[[Page 221]]

vicu[ntilde]a logotype and the designation ``VICU[Ntilde]A--COUNTRY OF 
ORIGIN--ARTESANIA''. Each specimen must bear such a label. For import 
into the United States of raw wool sheared from live vicu[ntilde]a, see 
the labeling requirements in 50 CFR 17.40(m).

[79 FR 30428, May 27, 2014]



          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.

[[Page 222]]



                     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.
    (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 three 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 develop and maintain 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.
    (iii) The CoP appoints a specialist in zoological nomenclature to 
the Animals Committee and a specialist in botanical nomenclature to the 
Plants Committee. These specialists are ex officio and non-voting, and 
are 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.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30429, May 27, 2014]



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

[[Page 223]]

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.
    (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.

[[Page 224]]



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.
    (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

[[Page 225]]

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.
    (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.

[[Page 226]]



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 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 paragraphs (b) and (c) of this section.
    (b) The following are exempt from the requirements of CITES. 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. Specimens of an Appendix-II or -III plant taxon 
with an annotation that specifically excludes hybrids.
    (c) The following are exempt from CITES document requirements when 
certain criteria are met.
    (1) Plant hybrids. 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 treat hybrids as Appendix-I specimens.
    (2) Flasked seedlings of Appendix-I orchids. Flasked seedlings of an 
Appendix-I orchid species that qualify as artificially propagated (see 
Sec.23.64).
    (3) 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).
    (4) Coral sand and coral fragments as defined in Sec.23.5.
    (5) Personal and household effects as provided in Sec.23.15.
    (6) Urine, feces, and synthetically derived DNA as provided in Sec.
23.16.
    (7) Certain wildlife hybrids as provided in Sec.23.43.

[72 FR 48448, Aug. 23, 2007, as amended at 79 FR 30429, May 27, 2014]



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)).

[[Page 227]]


    Source: 49 FR 42941, Oct. 25, 1984, unless otherwise noted.



                         Subpart A_Introduction



Sec.24.1  Purpose of regulations.

    The regulations contained in this part are for the purpose of 
establishing ports for the importation, exportation and reexportation of 
plants.



Sec.24.2  Scope of regulations.

    The provisions in this part are in addition to, and do not 
supersede, other regulations in this chapter. Also, the U.S. Department 
of Agriculture administers the Plant Quarantine Act, as amended (7 
U.S.C. 151 et seq.), the Federal Plant Pest Act, as amended (7 U.S.C. 
150aa et seq.), and the Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 
et seq.), which contain authority for additional prohibitions and 
restrictions, including additional port of entry requirements, for the 
importation or exportation of plants (See 7 CFR chapter III for 
regulations containing prohibitions and restrictions under these 
authorities).



        Subpart B_Importation and Exportation at Designated Ports



Sec.24.11  General restrictions.

    No person shall import, export, or reexport plants at any place 
other than at a port designated in 24.12 (hereinafter ``designated 
port'') in accordance with the provisions of this part, unless otherwise 
specifically authorized by the Service at a nondesignated port in 
accordance with section 9(f)(1) of the Endangered Species Act of 1973, 
as amended.



Sec.24.12  Designated ports.

    (a) The following U.S. Department of Agriculture ports are 
designated ports for the importation, exportation, or reexportation of 
plants which are listed in 50 CFR 17.12 and/or 23.23 and which are 
required to be accompanied by documentation under 50 CFR part 17 and/or 
23:

Nogales, Arizona
Los Angeles, California
San Diego, California
San Francisco, California
Miami, Florida
Orlando, Florida
Honolulu, Hawaii
New Orleans, Louisiana
Hoboken, New Jersey (Port of New York)
Jamaica, New York
San Juan, Puerto Rico
Brownsville, Texas
El Paso, Texas
Houston, Texas
Seattle, Washington

    (b) The U.S. Department of Agriculture ports at Hilo, Hawaii, and 
Chicago, Illinois, are designated ports for the importation, 
exportation, or reexportation of plants of the family Orchidaceae 
(orchids) which are listed in 50 CFR 17.12 or 23.23 and which are 
required to be accompanied by documentation under 50 CFR part 17 or 23.
    (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

[[Page 228]]

International Trade in Endangered Species of Wild Fauna and Flora 
(CITES) or in 50 CFR 17.12 or 23.23 and which are required to be 
accompanied by documentation under 50 CFR part 17 or 23.
    (f) The U.S. Department of Agriculture port at Wilmington, North 
Carolina, is a designated port for the exportation of plants of the 
species Dionaea muscipula (Venus flytrap), which is listed in appendix 
II to CITES and which is required to be accompanied by documentation 
under 50 CFR part 23.
    (g) All U.S. Customs designated ports of entry on the United States-
Canadian border (Customs designated ports of entry are listed in 19 CFR 
part 101) and the following U.S. Department of Agriculture ports are 
designated ports for the importation, exportation, or reexportation of 
plants not required to be accompanied by documentation under 50 CFR part 
17 or 23:

Mobile, Alabama
Anchorage, Alaska
Nogales, Arizona
Phoenix, Arizona
San Luis, Arizona
Tucson, Arizona
Calexico, Arizona
Los Angeles, California
San Diego, California
San Francisco, California
San Pedro, California
Denver, Colorado
Wallingford, Connecticut
Dover, Delaware (Dover AFB)
Wilmington, Delaware
Washington, District of Columbia
Jacksonville, Florida
Key West, Florida
Miami, Florida
Orlando, Florida
Pensacola, Florida
Cape Canaveral, Florida
Port Everglades, Florida
Tampa, Florida
West Palm Beach, Florida
Atlanta, Georgia
Savannah, Georgia
Agana, Guam
Hilo, Hawaii
Honolulu, Hawaii
Wailuku, Maui, Hawaii
Chicago, Illinois
Baton Rouge, Louisiana
New Orleans, Louisiana
Bangor, Maine
Portland, Maine
Baltimore, Maryland
Boston, Massachusetts
Detroit, Michigan
Duluth, Minnesota
St. Paul, Minnesota
Kansas City, Missouri
St. Louis, Missouri
Hoboken, New Jersey
McGuire AFB, New Jersey
Albany, New York
Buffalo, New York
New York, New York
Jamaica, New York
Rouses Point, New York
Morehead City, North Carolina
Wilmington, North Carolina
Cleveland, Ohio
Astoria, Oregon
Coos Bay, Oregon
Portland, Oregon
Philadelphia, Pennsylvania
Hato Rey, Puerto Rico
Mayaguez, Puerto Rico
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 229]]



            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 230]]

    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 231]]

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 232]]

    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 233]]

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 234]]



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, 26, 27, 29, 
30, 31, 32, and 36 under 44 U.S.C. 3501 et seq. and assigned the 
following control numbers: 1018-0102 for National Wildlife Refuge 
Special Use Permit Applications and Reports; 1018-0140 for Hunting and 
Fishing Application Forms and Activity Reports for National Wildlife 
Refuges; and 1018-0153 for National Wildlife Refuge Visitor Check-In 
Permit and Use Report. We collect information to assist us in 
administering our programs in accordance with statutory authorities that 
require that recreational or other uses be compatible with the primary 
purposes for which the areas were established. Send comments on any 
aspect of these forms or the information collection requirements to the 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, 1849 C Street NW., MS 2042-PDM, Washington, DC 20240.

[79 FR 14822, Mar. 17, 2014]



                         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]



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

[[Page 235]]

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 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

[[Page 236]]

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:
    (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

[[Page 237]]

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 What are the 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-668ee, and 715i; 
Pub. L. 96-315 (94 Stat. 958) and Pub. L. 98-146 (97 Stat. 955).

    Source: 41 FR 9167, Mar. 3, 1976, unless otherwise noted.



                         Subpart A_Introduction



Sec.26.11  Purpose of regulations.

    The regulations in this part govern the circumstances under which 
the public can enter and use a national wildlife refuge.

[[Page 238]]



                         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 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.

[[Page 239]]

    (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  What are the special regulations concerning public access,
use, and recreation for individual national wildlife refuges?

    The following refuge units, listed in alphabetical order by State 
and unit name, have refuge-specific regulations for public access, use, 
and recreation.
    (a) Alabama--(1) Bon Secour National Wildlife Refuge. (i) We allow 
only nonmotorized boats and boats with electric motors on Gator and 
Little Gator Lakes.
    (ii) [Reserved]
    (2) Eufaula National Wildlife Refuge. (i) We prohibit the use of 
motorized watercraft in all refuge waters not directly connected to Lake 
Eufaula.
    (ii) We prohibit the use of all air-thrust boats, including 
airboats, aircraft, boats with secondary fans, and hovercraft.
    (iii) We prohibit the use of personal watercraft or air-cooled 
propulsion engines outside of marked navigation channels.
    (iv) We prohibit the mooring or storing of boats from 1\1/2\ hours 
after legal sunset to 1\1/2\ hours before legal sunrise.
    (3) Wheeler National Wildlife Refuge. (i) We prohibit mooring or 
storing of boats from legal sunset to legal sunrise.
    (ii) We prohibit airboats and hovercraft on all waters within the 
refuge boundaries.
    (iii) 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.
    (b) Arizona--(1) Bill Williams River National Wildlife Refuge. (i) 
We prohibit personal watercraft (PWC as governed by State law), air 
thrust boats, and hovercraft on all waters within the boundaries of the 
refuge.
    (ii) We designate all refuge waters as wakeless speed zones (as 
governed by State law) as indicated by signs or regulatory buoys.
    (iii) The nonmotorized watercraft launch and Central Arizona Project 
(CAP) peninsula are day-use only areas and are open from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset. We allow fishing 
and the launching of watercraft at these and other areas 24 hours a day.
    (iv) We prohibit the possession or consumption of open containers of 
alcohol or the possession of glass beverage containers in improved 
areas, including the nonmotorized watercraft launch and the CAP 
peninsula.
    (2) Havasu National Wildlife Refuge. (i) We prohibit the use of all 
air-thrust boats, including floating aircraft.
    (ii) The following conditions apply only on Topock Marsh:
    (A) 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).
    (B) 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.
    (C) We prohibit personal watercraft (PWC, as governed by State law).
    (iii) The following conditions apply to all waters of the Colorado 
River within the refuge from the south regulatory buoy line to the north 
regulatory buoy line at Interstate 40 (approximately 17 miles (27.2 
kilometers)):
    (A) We prohibit personal watercraft (PWC, as governed by State law) 
as indicated by signs or regulatory buoys in all backwaters.
    (B) We limit watercraft speed as indicated by signs or regulatory 
buoys to no wake (as governed by State law) in all backwaters.
    (C) We prohibit water-skiing, tubing, wake boarding, or other 
recreational-towed devices.
    (iv) The following conditions apply to improved areas within the 
refuge; improved areas consist of the Mesquite

[[Page 240]]

Bay areas, Castle Rock, the Diving Cliffs, Catfish Paradise, Five Mile 
Landing, and North Dike:
    (A) We prohibit entry of all motorized watercraft in all three bays 
of the Mesquite Bay areas as indicated by signs or regulatory buoys.
    (B) Improved areas are day-use only and are open from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset. We allow fishing 
and launching watercraft at these and other areas 24 hours a day.
    (C) We prohibit the possession of open containers of alcohol or the 
possession of glass beverage containers in improved areas.
    (c) Arkansas--(1) Bald Knob National Wildlife Refuge. (i) We 
prohibit mooring houseboats to the refuge bank on the Little Red River.
    (ii) [Reserved]
    (2) Big Lake National Wildlife Refuge. (i) 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.
    (ii) [Reserved]
    (3) Cache River National Wildlife Refuge. (i) We prohibit the 
mooring of houseboats to refuge property.
    (ii) [Reserved]
    (4) Dale Bumpers White River National Wildlife Refuge. (i) We allow 
camping only in designated sites and areas identified in the refuge user 
brochure (signed brochure), and we restrict camping to individuals 
involved in wildlife-dependent activities. We limit camping on the 
refuge to no more than 14 days during any 30 consecutive-day period. 
Campers must occupy camps daily. We prohibit all disturbances, including 
use of generators, after 10 p.m.
    (ii) We allow refuge users to leave boats 16 feet (4.8 meters) or 
less in length unattended overnight from March 1 to October 31, as long 
as the owner clearly and prominently displays his or her boat 
registration number.
    (5) Felsenthal National Wildlife Refuge. (i) We allow camping only 
at designated primitive campground sites identified in the refuge hunt 
brochure, and we restrict camping to individuals involved in wildlife-
dependent refuge activities.
    (ii) Campers may stay no more than 14 days during any 30 
consecutive-day period in any campground and must occupy camps daily.
    (iii) We prohibit all disturbances, including use of generators, 
after 10 p.m.
    (6) Overflow National Wildlife Refuge. (i) We prohibit all boat 
motors (including surface drive motors, mud motors, etc.) larger than 25 
horsepower.
    (ii) [Reserved]
    (7) Pond Creek National Wildlife Refuge. (i) We allow camping only 
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.
    (ii) You must unload all hunting firearms and crossbows (see Sec.
27.42(b) of this chapter) within 100 yards (90 meters) of a campground.
    (iii) We prohibit camping on the refuge while hunting off the 
refuge.
    (iv) We prohibit consumption or possession of opened container(s) of 
alcoholic beverage(s) in parking lots, on roadways, and in plain view in 
campgrounds.
    (v) We prohibit fires outside of campgrounds.
    (vi) We prohibit possession or use of fireworks.
    (vii) We prohibit geocaching.
    (d) California--(1) Colusa National Wildlife Refuge. (i) No person 
may build or maintain fires, except in portable gas stoves in designated 
parking/overnight stay areas.
    (ii) We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking areas on Tuesdays, Fridays, and 
Saturdays (closed on Federal holidays).
    (iii) You must restrain dogs on a leash within all designated 
parking areas and vehicle access roads.
    (2) Delevan National Wildlife Refuge. (i) No person may build or 
maintain fires, except in portable gas stoves in designated parking/
overnight stay areas.
    (ii) We only allow overnight stays in vehicles, motor homes, and 
trailers at

[[Page 241]]

the check station parking areas on Tuesdays, Fridays, and Saturdays 
(closed on Federal holidays).
    (iii) You must restrain dogs on a leash within all designated 
parking areas and vehicle access roads.
    (3) Lower Klamath National Wildlife Refuge. (i) We prohibit air-
thrust and inboard water-thrust boats.
    (ii) You may use only nonmotorized boats and boats with electric 
motors on designated motorless units from the start of the hunting 
season through November 30. You may use motorized boats on designated 
motorless units from December 1 through the end of hunting season.
    (4) Sacramento National Wildlife Refuge. (i) No person may build or 
maintain fires, except in portable gas stoves in designated parking/
overnight stay areas.
    (ii) We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking areas on Tuesdays, Fridays, and 
Saturdays (closed on Federal holidays).
    (iii) You must restrain dogs on a leash within all designated 
parking areas and vehicle access roads.
    (5) Sacramento River National Wildlife Refuge. (i) We prohibit fires 
on the refuge, except we allow portable gas stoves on gravel bars (see 
Sec.27.95(a) of this chapter).
    (ii) We open the refuge for day-use access from 2 hours before legal 
sunrise until 1\1/2\ hours after legal sunset. We allow access during 
other hours on gravel bars only.
    (iii) On Packer Lake and Drumheller North, due to primitive access, 
we only allow boats up to 14 feet (4.2 meters) and canoes. Electric 
motors only.
    (6) San Pablo Bay National Wildlife Refuge. (i) We prohibit 
launching of boats and access to the Bay or sloughs from refuge property 
except from designated boat launch sites (Cullinan Ranch Unit and 
Dickson Ranch Unit).
    (ii) We allow only nonmotorized crafts at the Cullinan Ranch Unit 
and Dickson Ranch Unit launch sites.
    (7) Sutter National Wildlife Refuge. (i) No person may build or 
maintain fires, except in portable gas stoves in designated parking/
overnight stay areas.
    (ii) We only allow overnight stays in vehicles, motor homes, and 
trailers at the check station parking areas on Tuesdays, Fridays, and 
Saturdays (closed on Federal holidays).
    (iii) You must restrain dogs on a leash within all designated 
parking areas and vehicle access roads.
    (e)-(f) [Reserved]
    (g) Delaware--(1) Prime Hook National Wildlife Refuge. (i) The 
maximum horsepower allowed for boat motors is 30 horsepower. You must 
abide by the slow, no-wake zones on designated portions of refuge 
waterways as depicted in maps or within the brochure.
    (ii) [Reserved]
    (2) [Reserved]
    (h) Florida--(1) Arthur R. Marshal Loxahatchee National Wildlife 
Refuge. (i) We allow only boats equipped with factory-manufactured-
water-cooled outboard motors, boats with electric motors, and 
nonmotorized boats. We prohibit boats with air-cooled engines, airboats, 
fan boats, hovercraft, and personal watercraft (e.g., Jet Skis, jet 
boats, wave runners).
    (ii) There is a 35 miles per hour (mph) speed limit in all waters of 
the refuge. A 500-foot (150-meter) ``idle speed zone'' is at each of the 
refuge's three boat ramps.
    (iii) We require all boats operating outside of the main perimeter 
canals (the L-40 Canal, L-39 Canal, L-7 Canal, and L-101 Canal) in 
interior areas of the refuge and within the hunt area to fly a 12-inch 
by 12-inch (30-centimeters (cm) by 30-cm) orange flag 10 feet (3 meters) 
above the vessel's waterline.
    (2) Chassahowitzka National Wildlife Refuge. (i) We allow airboats 
only on the designated airboat route within Citrus County and on all 
navigable waterways within Hernando County with a refuge Special Use 
Permit (General Activities Special Use Permit Application, FWS Form 3-
1383-G) issued by the U.S. Fish and Wildlife Service.
    (ii) We prohibit the use of airboats on vegetation.
    (3) J.N. ``Ding'' Darling National Wildlife Refuge. (i) We prohibit 
kite surfing, kite boarding, wind surfing, and sail boarding.
    (ii) We allow vessels propelled only by polling, paddling, or 
floating in the posted ``no-motor zone'' of the J.N. ``Ding'' Darling 
Wilderness Area. All motors, including electric motors,

[[Page 242]]

must be in a nonuse position (out of the water) when in the ``no-motor 
zone.''
    (iii) We allow vessels propelled only by polling, paddling, 
floating, or electric motors in the posted ``pole/troll zone'' of the 
Wulfert Flats Management Area. All non-electric motors must be in a 
nonuse position (out of the water) when in the ``pole/troll zone.''
    (iv) We allow launching of canoes and kayaks anywhere on the right 
(north) side of Wildlife Drive. We prohibit launching motorized vessels 
over 14 feet (4.2 meters) in length from Wildlife Drive. Motorized 
vessels less than 14 feet (4.2 meters) in length may only be launched 
from designated site 2.
    (v) We prohibit airboats, hovercraft, personal watercraft, and ``Go-
Devil''-style outboard motors.
    (vi) Vessels must not exceed slow speed/minimum wake in refuge 
waters.
    (4) Lake Woodruff National Wildlife Refuge. (i) During hunting 
seasons, we close hunting areas on the refuge to all public use except 
to hunters possessing a valid permit. Hunting areas are marked on refuge 
maps.
    (ii) We close the refuge between legal sunset and legal sunrise.
    (iii) We prohibit the use of airboats on the refuge.
    (5) Lower Suwannee National Wildlife Refuge. (i) We prohibit leaving 
boats on the refuge overnight.
    (ii) [Reserved]
    (6) St. Marks National Wildlife Refuge. (i) We prohibit use of boats 
with motors over 10 horsepower on any refuge lake or pond.
    (ii) We allow use of hand-launched boats on impoundments on the St. 
Marks Unit from March 15 through October 15 each year. We prohibit 
launching of boats from trailers in the impoundments in the St. Marks 
Unit. We prohibit all gasoline-powered motors in the impoundments in the 
St. Marks Unit.
    (iii) You may not launch commercially registered boats, air-thrust 
boats, or personal watercraft at the saltwater boat ramp on the St. 
Marks Unit. We also prohibit commercial guides from launching any type 
of watercraft at the saltwater boat ramp on the St. Marks Unit.
    (iv) You may not launch air-thrust boats or personal watercraft from 
Wakulla Beach. We also prohibit commercial guides from launching any 
type of watercraft from Wakulla Beach.
    (7) St. Vincent National Wildlife Refuge. (i) We restrict camping 
and fires (see Sec.27.95(a) of this chapter) to the two designated 
camping areas. We may restrict or ban fires during dry periods.
    (ii) We prohibit the use or possession of alcoholic beverages during 
the refuge hunt period (see Sec.32.2(j) of this chapter).
    (iii) We prohibit motorized equipment, generators, or land vehicles 
(except bicycles).
    (iv) Visitors must observe quiet time in the campground between 9 
p.m. and 5 a.m. We prohibit loud or boisterous behavior or activity.
    (v) 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.
    (vi) We allow boats in refuge lakes from May 15 through September 
30.
    (8) Ten Thousand Islands National Wildlife Refuge. (i) We prohibit 
air-thrust boats, hovercraft, personal watercraft (e.g., Jet Skis, jet 
boats, wave runners), and off-road vehicles in the freshwater and 
brackish marsh area south of U.S. 41.
    (ii) We limit vessels to a maximum of 25 horsepower outboard motor.
    (i) Georgia--(1) Banks Lake National Wildlife Refuge. (i) We 
prohibit swimming, wading, jet skiing, water skiing, and the use of 
airboats.
    (ii) [Reserved]
    (2) Bond Swamp National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (iii) We allow boat launching at the Stone Creek Boat Launch. During 
periods of high water, we allow boats to be launched from refuge roads 
normally open to vehicle traffic. We allow gasoline motors only during 
periods of high water as defined as a reading of 18 feet (5.5 meters) or 
higher at the Macon Gauge on the Ocmulgee River.
    (iv) We prohibit bicycles on foot travel roads or off road. We 
restrict bicycles to roads designated open to vehicles.

[[Page 243]]

    (3) Okefenokee National Wildlife Refuge. (i) We only allow foot and 
bicycle traffic on the refuge portion of Cowhouse Island.
    (ii) We only allow the use of 10 horsepower motors or less on the 
refuge.
    (iii) We prohibit paddleboarding, air boats, swimming, and wading.
    (iv) We require all boats to be off the water by posted time.
    (4) Piedmont National Wildlife Refuge. (i) The refuge is a day-use-
only area, with the exception of legal hunting activities.
    (ii) We prohibit bicycles on foot travel roads or off road. We 
restrict bicycles to gravel roads designated open to vehicles.
    (iii) We prohibit overnight camping and/or parking except in the 
designated campgrounds at Pippins Lake during quota deer hunts with a 
valid permit (state-issued).
    (iv) We allow alcoholic beverages only in the designated campground.
    (j) [Reserved]
    (k) Idaho--(1) Deer Flat National Wildlife Refuge. (i) From April 15 
through September 30, we allow motorized and nonmotorized boats from \1/
2\ hour before legal sunrise to \1/2\ hour after legal sunset throughout 
the Lake Lowell Unit.
    (ii) [Reserved]
    (2) Grays Lake National Wildlife Refuge. (i) We only allow 
nonmotorized boats on the refuge.
    (ii) [Reserved]
    (3) Minidoka National Wildlife Refuge. (i) We allow the use of float 
tubes year-round, throughout all of Lake Walcott.
    (ii) We allow boats on designated areas of Lake Walcott from April 1 
through October 31.
    (l) Illinois--(1) Chautauqua National Wildlife Refuge. (i) 
Motorboats must not exceed ``no-wake'' speeds.
    (ii) We prohibit the public entering Weis Lake on the Cameron-
Billsbach Unit of the refuge from October 16 through January 31.
    (iii) We prohibit leaving boats on refuge waters overnight (see 
Sec.27.93 of this chapter).
    (2) Crab Orchard National Wildlife Refuge. (i) We restrict 
motorboats on all refuge waters to slow speeds leaving ``no wake'' 
within 150 feet (45 meters) of any shoreline, swimming area, marina 
entrance, boat ramp, causeway tunnel, and areas indicated on the lake 
zoning map in the refuge fishing brochure.
    (ii) We prohibit the use of boat motors of more than 10 horsepower 
on Devils Kitchen and Little Grassy Lakes.
    (iii) We prohibit the use of gas-powered motors in the southeastern 
section of Devils Kitchen Lake (consult lake zoning map in the refuge 
fishing brochure).
    (3) Emiquon National Wildlife Refuge. (i) We allow the use of 
motorized boats at no-wake speeds on all refuge waters.
    (ii) We prohibit leaving boats on refuge waters overnight.
    (4) Meredosia National Wildlife Refuge. (i) We prohibit leaving 
boats on refuge waters overnight.
    (ii) Motorboats must not exceed ``no-wake'' speeds.
    (5) Port Louisa National Wildlife Refuge. (i) We close the following 
divisions to all public access:
    (A) Louisa Division--September 15 until January 1;
    (B) Horseshoe Bend Division--September 15 until December 1; and
    (C) Keithsburg Division--September 15 until January 1.
    (ii) [Reserved]
    (6) Upper Mississippi River National Wildlife and Fish Refuge. Refer 
to paragraph (v)(2) of this section for regulations.
    (m) Indiana--(1) Big Oaks National Wildlife Refuge. (i) We allow 
boats only if rowed, paddled, or powered by an electric trolling motor 
on the Old Timbers Lake.
    (ii) [Reserved]
    (2) Muscatatuck National Wildlife Refuge. (i) We allow the use of 
boats (hand- or foot-propelled only) on Stanfield Lake. We prohibit the 
use of electric or gasoline motors.
    (ii) We allow the use of kayaks and nonmotorized canoes on Richart 
Lake.
    (3) Patoka River National Wildlife Refuge and Management Area. (i) 
We allow motorboats only on Snakey Point Marsh east of the South Fork 
River and the Patoka River. All other areas are open to either manual-
powered boats or boats with battery-driven motors only.
    (ii) Motorboats must not exceed ``no wake'' speeds.

[[Page 244]]

    (iii) We prohibit the use of powered airboats on the refuge.
    (n) Iowa--(1) Desoto National Wildlife Refuge. (i) We limit boating 
to ``no-wake'' speeds, not to exceed 5 miles per hour.
    (ii) [Reserved]
    (2) Upper Mississippi River National Wildlife and Fish Refuge. Refer 
to paragraph (v)(2) of this section for regulations.
    (o) Kansas--(1) Kirwin National Wildlife Refuge. (i) 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 meters) 
of any shoreline or island in the main body of Kirwin Reservoir. We 
prohibit motorized boats in the Solomon Arm of Kirwin Reservoir.
    (ii) We allow motorless boats in the Solomon Arm of Kirwin Reservoir 
from August 1 through September 30.
    (2) Marais des Cygnes National Wildlife Refuge. (i) We restrict 
outboard motor use to the westernmost 5.5 miles (8.8 kilometers) of the 
Marais des Cygnes River. You may use only nonmotorized boats and 
electric trolling motors on remaining waters in designated areas of the 
refuge.
    (ii) [Reserved]
    (p) Kentucky--(1) Clarks River National Wildlife Refuge. (i) 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.
    (ii) [Reserved]
    (2) [Reserved]
    (q) Louisiana--(1) Bayou Sauvage National Wildlife Refuge. (i) The 
refuge is open from 30 minutes before legal sunrise to 30 minutes after 
legal sunset.
    (ii) We allow only outboard motors 25 horsepower or less in 
waterways inside the hurricane protection levee.
    (2) Bayou Teche National Wildlife Refuge. (i) You may use motorized 
boats only in existing canals, ditches, trenasses, and ponds. We 
prohibit motorized boat use in areas marked as nonmotorized use only.
    (ii) The refuge is open from legal sunrise until legal sunset unless 
stated otherwise.
    (iii) We open the Franklin Unit canals (birdfoot canals) for 
motorized boats between April 15 and August 31. This unit is open to 
nonmotorized boats all year.
    (3) Big Branch Marsh National Wildlife Refuge. (i) We prohibit air-
thrust boats, aircraft, mud boats, and air-cooled propulsion engines on 
the refuge.
    (ii) We open the refuge to public entry from \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (4) Black Bayou National Wildlife Refuge. (i) You may enter the 
refuge \1/2\ hour before legal sunrise, and you must exit no later than 
\1/2\ hour after legal sunset.
    (ii) You may only launch boats at the concrete ramp adjacent to the 
visitor center. We prohibit launching boats with motors greater than 50 
horsepower.
    (iii) We prohibit leaving boats or other equipment on the refuge 
overnight (see Sec.27.93 of this chapter).
    (iv) We require a boat launch fee. You must pay the launch fee 
before launching boat.
    (v) We prohibit crossing the water hyacinth booms in a boat or 
traveling over idle speed within the booms.
    (5) Bogue Chitto National Wildlife Refuge. (i) We allow primitive 
camping within 100 feet (30 meters) 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. Campers must mark their campsite with the owner's 
State license/identification number, or boat identification number, and 
dates of occupancy placed in a conspicuous location in the center of 
camp.
    (ii) [Reserved]
    (6) Cameron Prairie National Wildlife Refuge. (i) We prohibit 
overnight camping on the refuge.
    (ii) We allow only nonpowered boats in the Bank Fishing Road 
waterways.
    (iii) We allow operation of outboard motors in refuge canals, 
bayous, and lakes. We allow only trolling motors in the marsh.
    (7) Catahoula National Wildlife Refuge. (i) We allow the use of 
nonmotorized boats or boats with motors of 10 horsepower or less on 
refuge lakes and

[[Page 245]]

waters as designated. We prohibit the use of air-thrust boats, water-
thrust boats, or personal watercraft.
    (ii) We prohibit overnight camping on the refuge.
    (iii) We prohibit overnight parking on the refuge.
    (8) Cat Island National Wildlife Refuge. (i) We prohibit overnight 
camping on the refuge.
    (ii) We prohibit overnight parking on the refuge.
    (iii) We prohibit air-thrust boats on the refuge.
    (iv) We prohibit boat launching by trailer from all refuge roads and 
parking lots except at designated boat ramps.
    (9) D'Arbonne National Wildlife Refuge. (i) We prohibit motorized 
boats in the No Gun Hunting Area (the ``Beanfield'') from November 1 
through January 31.
    (ii) We prohibit leaving boats and other personal property on the 
refuge overnight.
    (10) Grand Cote National Wildlife Refuge. (i) We prohibit overnight 
camping on the refuge.
    (ii) We prohibit overnight parking on the refuge.
    (iii) We allow only electric-powered or nonmotorized boats.
    (11) Lacassine National Wildlife Refuge. (i) We prohibit overnight 
camping on the refuge.
    (ii) We allow boats of all motor types with 40 horsepower or less in 
Lacassine Pool.
    (iii) We prohibit boats in Lacassine Pool and Unit D from October 16 
through March 14. We prohibit boats in Units A and C.
    (iv) We prohibit air-thrust boats, all-terrain vehicles (ATVs), and 
Jet Skis on the refuge (see Sec.27.31(f) of this chapter).
    (v) We prohibit dragging or driving of boats over levees.
    (vi) You must only launch trailered boats at the cement ramps at the 
public boat launches in Lacassine Pool.
    (vii) We only allow boats powered by paddling or trolling motors in 
the Unit D impoundment within Lacassine Pool.
    (12) Lake Ophelia National Wildlife Refuge. (i) We allow watercraft 
with motors up to 36 horsepower in Possum Bayou (north of boat ramp), 
Palmetto Bayou, Duck Lake, Westcut Lake, Point Basse, and Nicholas Lake.
    (ii) We allow electric-powered or nonmotorized boats in Doomes Lake, 
Lake Long, Possum Bayou (south of boat ramp), and Lake Ophelia.
    (iii) We prohibit overnight camping on the refuge.
    (iv) We prohibit overnight parking on the refuge.
    (13) Mandalay National Wildlife Refuge. (i) We allow air-cooled 
propulsion engines on the refuge.
    (ii) We prohibit air-thrust boats or marsh buggies on the refuge. We 
restrict motorized boat use to existing canals, ditches, trenasses, and 
ponds.
    (14) Sabine National Wildlife Refuge. (i) You may access the hunt 
areas by boat using the boat launches at the West Cove Public Use Area 
or by access through Burton Canal. You may access hunt areas by vehicle 
from Vastar Road or designated turnouts within the refuge public hunt 
area along State Highway 27 (see Sec.27.31 of this chapter) unless 
otherwise posted.
    (ii) We allow hand launching of small boats along Vastar Road (no 
trailers allowed). We allow hand launching of nonmotorized boats into 
Units 1A and 1B from Blue Crab Recreation Area for recreational paddling 
year-round.
    (iii) We allow operation of outboard motors in designated refuge 
canals only. We allow trolling motors within the refuge marshes.
    (iv) We prohibit air-thrust boats, personal motorized watercraft 
(e.g., Jet Skis), and all-terrain vehicles (ATVs) on the refuge (see 
Sec.27.31(f) of this chapter) unless otherwise posted.
    (v) We prohibit overnight camping on the refuge.
    (vi) We prohibit swimming and/or wading in the refuge canals and 
waterways.
    (15) Tensas River National Wildlife Refuge. (i) We allow 
nonmotorized boats, electric motors, and boats with motors 10 horsepower 
or less in refuge lakes, streams, and bayous. Boaters must follow State 
boating regulations, including those for navigation lights. We prohibit 
boat storage on the refuge.
    (ii) We allow use of nonmotorized bicycles on designated all-terrain 
vehicle (ATV) trails.

[[Page 246]]

    (16) Upper Ouachita National Wildlife Refuge. (i) We prohibit 
outboard motors in the Wigeon Ponds (only trolling motors allowed).
    (ii) We prohibit launching boats from a trailer or from a 
nondesignated boat ramp within the Mollicy levee.
    (r) Maine--(1) Rachel Carson National Wildlife Refuge. (i) We allow 
car-top launching from legal sunrise to legal sunset on the following 
areas of the refuge:
    (A) At Brave Boat Harbor division on Chauncey Creek at the 
intersection of Cutts Island Road and Sea Point Road.
    (B) At Little River division at the end of Granite Point Road into 
the Little River.
    (C) At Spurwink River division on the upstream side of Route 77 at 
the old road crossing.
    (ii) [Reserved]
    (2) [Reserved]
    (s) Maryland--(1) Blackwater National Wildlife Refuge. (i) We 
prohibit boat launching from refuge lands except from the car-top boat 
launch located near the Blackwater River Bridge on Route 335. Only 
canoes, kayaks, and small jon boats under 17 feet are considered car-top 
boats.
    (ii) We prohibit the use of airboats on refuge waters.
    (2) Eastern Neck National Wildlife Refuge. (i) We prohibit boat 
launching from refuge lands except for canoes and kayaks at the canoe/
kayak ramp located at the Ingleside Recreation Area.
    (ii) [Reserved]
    (t)-(u) [Reserved]
    (v) Minnesota--(1) Big Stone National Wildlife Refuge. (i) We allow 
nonmotorized boats and boats using electric motors only in the Minnesota 
River channel. We prohibit boats on all other refuge waters.
    (ii) [Reserved]
    (2) Upper Mississippi River National Wildlife and Fish Refuge--(i) 
Wildlife observation, photography, interpretation, environmental 
education, and other general recreational uses. We allow wildlife-
dependent uses and other recreational uses, such as, but not limited to, 
sightseeing, hiking, bicycling on roads or trails, picnicking, and 
swimming, on areas designated by the refuge manager and shown on maps 
available at refuge offices, subject to the following conditions:
    (A) In areas posted and shown on maps as ``No Entry--Sanctuary,'' we 
prohibit entry as specified on signs or maps (see Sec.32.42 of this 
chapter for list of areas and locations).
    (B) In areas posted and shown on maps as ``Area Closed,'' ``Area 
Closed--No Motors,'' and ``No Hunting Zone'' (Goose Island), 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 hunting 
season. In areas marked ``no motors,'' we prohibit the use of motors on 
watercraft from October 15 to the end of the respective State duck 
hunting season (see Sec.32.42 of this chapter for list of areas and 
locations).
    (C) Commercial tours and filming (see Sec.27.71 of this chapter) 
require a permit (FWS Form 3-1383-C) issued by the refuge or district 
manager.
    (D) We allow the collecting of edible fruits, nuts, mushrooms, or 
other plant parts for personal use (no sale or barter allowed). We limit 
the amount you may collect to 2 gallons by volume per person, per day. 
We also allow the collecting of shed deer antlers for personal use.
    (E) We prohibit the harvest of wild rice; plant and animal 
specimens; and other natural objects, such as rocks, stones, or minerals 
(see Sec.27.21 of this chapter). We only allow the collection of 
plants or their parts for ornamental use by permit (FWS Form 3-1383-G) 
issued by the refuge or district manager.
    (F) We prohibit the cutting, removal, or damage of any tree or 
vegetation on the refuge without a permit from the refuge or district 
manager. We prohibit attaching nails, screws, or other hardware to any 
tree (see Sec.32.2(i) of this chapter).
    (G) 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. We prohibit parking or 
operating vehicles in a manner that obstructs or impedes any road, 
trail, fire lane, boat ramp, access

[[Page 247]]

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(h) of this chapter).
    (H) We allow dogs and other domestic animals on the refuge subject 
to the following conditions:
    (1) We prohibit dogs disturbing or endangering wildlife or people 
while on the refuge.
    (2) While on the refuge, all dogs must be under the control of their 
owners/handlers at all times or on a leash.
    (3) We prohibit allowing dogs to roam.
    (4) All dogs must be on a leash when on hiking trails, or other 
areas so posted.
    (5) We allow working a dog in refuge waters by tossing a retrieval 
dummy or other object for out-and-back exercise.
    (6) We encourage the use of dogs for hunting (see Sec.32.42 of 
this chapter), but we prohibit field trials and commercial/professional 
dog training.
    (7) Owners/handlers of dogs are responsible for disposal of dog 
droppings in refuge public use concentration areas such as trails, 
sandbars, and boat landings.
    (8) We prohibit horses and all other domestic animals on the refuge 
unless confined in a vehicle, boat, trailer, kennel, or other container 
(see Sec.26.21 of this chapter).
    (I) We prohibit the 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, as governed by 
Federal, State, and local regulations. We prohibit target practice on 
the refuge (see Sec. Sec.27.42 and 27.43 of this chapter).
    (J) We prohibit the use or possession of glass food and beverage 
containers on lands within the refuge.
    (K) 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 require that human solid waste and associated material be 
either removed and properly disposed of off-refuge or be buried on site 
to a depth of 6 to 8 inches (15 to 20 centimeters) and at least 50 feet 
(15 meters) from water's edge (see Sec.27.94 of this chapter).
    (ii) Watercraft. We allow the use of watercraft of all types and 
means of propulsion on all navigable waters of the refuge as governed by 
State regulations subject to the following conditions:
    (A) In areas posted and shown on maps as ``Electric Motor Area,'' we 
prohibit motorized vehicles and watercraft year-round except watercraft 
powered by electric motors or nonmotorized means. We do not prohibit the 
possession of watercraft motors in these areas, only their use. These 
areas are:
    (1) Island 42, Pool 5, Minnesota, 459 acres.
    (2) Snyder Lake, Pool 5A, Minnesota, 182 acres.
    (3) Mertes Slough, Pool 6, Wisconsin, 222 acres.
    (4) Browns Marsh, Pool 7, Wisconsin, 827 acres.
    (5) Hoosier Lake, Pool 10, Wisconsin, 162 acres.
    (B) In areas posted and shown on maps as ``Slow No Wake Area,'' we 
require watercraft to travel at slow, no-wake speed (as governed by 
applicable State law) from March 16 through October 31. We also prohibit 
the operation of airboats or hovercraft in these areas from March 16 
through October 31. These areas are:
    (1) Nelson-Trevino, Pool 4, Wisconsin, 2,626 acres.
    (2) Denzers Slough, Pool 5A, Minnesota, 83 acres.
    (3) Black River Bottoms, Pool 7, Wisconsin, 815 acres.
    (4) Blue/Target Lake, Pool 8, Minnesota, 1,834 acres.
    (5) Root River, Pool 8, Minnesota, 695 acres.
    (6) Reno Bottoms, Pool 9, Minnesota, 2,536 acres.
    (7) Nine Mile Island, Pool 12, Iowa, 454 acres.

[[Page 248]]

    (8) Princeton, Pool 14, Iowa, 327 acres.
    (C) In water access and travel routes posted and shown on maps as 
``Slow No Wake Zone,'' we require watercraft to travel at slow, no-wake 
speed (as governed by applicable State law) at all times unless 
otherwise posted.
    (D) In portions of Spring Lake and Crooked Slough--Lost Mound, Pool 
13, Illinois, posted as ``Slow, 5 mph When Boats Present'' and marked on 
maps as ``Speed/Distance Regulation,'' we require watercraft operators 
to reduce the speed of their watercraft to less than 5 miles per hour 
(mph) (8 kilometers per hour (kph)) when within 100 feet (30 meters) of 
another watercraft that is anchored or underway at 5 mph (8 kph) or 
less.
    (E) We prohibit the mooring, beaching, or storing of watercraft on 
the refuge not used at least once every 24 hours. We define ``used'' as 
a watercraft moved at least 100 feet (30 meters) on the water with the 
operator on board. We prohibit the mooring of watercraft within 200 feet 
(60 meters) of refuge boat landings or ramps. We may impound any 
watercraft moored in violation at the owner's expense (see Sec.27.32 
of this chapter).
    (F) The conditions set forth in paragraphs (v)(2)(i)(A), (B), and 
(K) of this section apply.
    (iii) Camping. We allow camping on all lands and waters of the 
refuge as designated by the refuge manager and shown on maps available 
at refuge offices subject to the following conditions:
    (A) We define ``camping'' as:
    (1) Erecting a tent or shelter of natural or synthetic material;
    (2) Preparing a sleeping bag or other bedding material for use;
    (3) Parking of a motor vehicle or mooring or anchoring of a vessel, 
for the apparent purpose of overnight occupancy; or
    (4) 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.
    (B) We prohibit camping at any one site for a period longer than 14 
days during any 30-consecutive-day period. After 14 days, you must move 
all persons, property, equipment, and boats to a new site located at 
least 0.5 mile (0.8 kilometer) from the previous site.
    (C) We prohibit camping within 200 feet (60 meters) of any refuge 
boat landing, access area, parking lot, structure, road, trail, or other 
recreation or management facility.
    (D) 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 
(see Sec.32.42 of this chapter).
    (E) You must occupy campsites daily. We prohibit the leaving of 
tents, camping equipment, or other property unattended at any site for 
over 24 hours, and we may impound any equipment left in violation at the 
owner's expense. We define ``occupy'' and ``attended'' as being present 
at a site for a minimum of 2 hours daily.
    (F) You must remove any tables, fireplaces, or other facilities 
erected upon vacating a camping or day-use site.
    (G) We allow campfires in conjunction with camping and day-use 
activities subject to the following conditions (see Sec. Sec.27.95 and 
32.42 of this chapter):
    (1) You may only use dead wood on the ground, or materials brought 
into the refuge such as charcoal or firewood. You must remove any unused 
firewood brought into the refuge upon departure due to the threat of 
invasive insects.
    (2) We prohibit building, attending, and maintaining a campfire 
without sufficient clearance from flammable materials so as to prevent 
its escape.
    (3) We prohibit building a fire at any developed facility, 
including, but not limited to, boat landings, access areas, parking 
lots, roads, trails, or any other recreation or management facility or 
structure.
    (4) We prohibit burying live fires or hot coals when vacating a 
campfire site.
    (5) We prohibit burning or attempting to burn any nonflammable 
materials or any materials that may produce toxic fumes or leave 
hazardous waste. These materials include, but are not limited to, metal 
cans, plastic containers, glass, fiberglass, treated wood

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products, wood containing nails or staples, wire, flotation materials, 
or other refuse.
    (H) The conditions set forth in paragraphs (v)(2)(i)(D) through (K) 
of this section apply.
    (w) Mississippi--(1) Grand Bay National Wildlife Refuge. (i) We 
prohibit the use of airboats, mudboats, motorized pirogues, and air-
cooled propulsion engines on the refuge.
    (ii) [Reserved]
    (2) Hillside National Wildlife Refuge. (i) With the exception of 
raccoon hunting and frogging, we limit all refuge entry and exit to the 
period of 4 a.m. to 1\1/2\ hours after legal sunset.
    (ii) We allow all-terrain vehicles (ATVs) and utility-type vehicles 
(UTVs) only on designated trails from September 15 through February 28.
    (3) Holt Collier National Wildlife Refuge. (i) With the exception of 
raccoon hunting, we limit all refuge entry and exit to the period of 4 
a.m. to 1\1/2\ hours after legal sunset.
    (ii) [Reserved]
    (4) Mathews Brake National Wildlife Refuge. (i) With the exception 
of raccoon hunting and frogging, we limit all refuge entry and exit to 
the period of 4 a.m. to 1\1/2\ hours after legal sunset.
    (ii) Beginning the day before duck season opens and ending the last 
day of duck season, we close refuge waters to all public use from 1 p.m. 
until 4 a.m.
    (5) Morgan Brake National Wildlife Refuge. (i) With the exception of 
raccoon hunting and frogging, we limit refuge entry and exit to the 
period of 4 a.m. to 1\1/2\ hours after legal sunset.
    (ii) We allow all-terrain vehicles (ATVs) and utility-type vehicles 
(UTVs) only on designated trails from September 15 through February 28.
    (6) Panther Swamp National Wildlife Refuge. (i) With the exception 
of raccoon hunting and frogging, we limit refuge entry and exit to the 
period of 4 a.m. to 1\1/2\ hours after legal sunset.
    (ii) We allow all-terrain vehicles (ATVs)/utility-type vehicles 
(UTVs) only on designated trails from September 15 through February 28.
    (7) Sam D. Hamilton Noxubee National Wildlife Refuge. (i) We 
prohibit the use of airboats, sailboats, hovercrafts, and inboard-water-
thrust boats such as, but not limited to, personal watercraft, 
watercycles, and waterbikes.
    (ii) [Reserved]
    (8) St. Catherine Creek National Wildlife Refuge. (i) You must hand-
launch boats except at designated boat ramps, where you may trailer-
launch them.
    (ii) We allow all-terrain vehicles (ATVs) and utility-type vehicles 
(UTVs) as governed by State waterfowl management area (WMA) regulations 
and size specifications on designated trails from scouting season until 
February 28.
    (iii) You must be age 16 or older to operate an ATV or UTV on the 
refuge.
    (iv) We prohibit overnight parking.
    (9) Yazoo National Wildlife Refuge. (i) With the exception of 
raccoon hunting, we limit refuge entry and exit to the period of 4 a.m. 
to 1\1/2\ hours after legal sunset.
    (ii) [Reserved]
    (x) [Reserved]
    (y) Montana--(1) Benton Lake National Wildlife Refuge. (i) We only 
allow the use of nonmotorized boats.
    (ii) [Reserved]
    (2) Black Coulee National Wildlife Refuge. (i) We only allow the use 
of nonmotorized boats.
    (ii) [Reserved]
    (3) Bowdoin National Wildlife Refuge. (i) We only allow the use of 
nonmotorized boats.
    (ii) [Reserved]
    (4) Hewitt Lake National Wildlife Refuge. (i) We prohibit air-thrust 
boats and boats with motors greater than 25 horsepower.
    (ii) [Reserved]
    (5) Red Rock Lakes National Wildlife Refuge--(i) Boats. We only 
allow nonmotorized boats in the hunt area east of the Lower Red Rock 
Lake dam. We allow boats with motors 10 horsepower or less west of Lower 
Red Rock Lake dam.
    (ii) Camping. (A) We allow camping only in two established 
campgrounds. We prohibit camping along roadsides.
    (B) We restrict camping to 16 consecutive days within any 30-day 
period.
    (C) We prohibit horses in the campgrounds.
    (D) From March 1 to December 1, all bear attractants, including, but 
not limited to, food, garbage, and carcasses or parts thereof, must be 
acceptably

[[Page 250]]

stored at night (unless in immediate use) and during the day if 
unattended. Acceptably stored means any of the following:
    (1) Suspended at least 10 feet high and 4 feet from any vertical 
support 100 yards from any camp or hiking trail;
    (2) Secured in a certified bear-safe container; or
    (3) Secured in a hard-sided vehicle, including an enclosed camper or 
horse trailer.
    (z) Nebraska--(1) Boyer Chute National Wildlife Refuge. (i) We allow 
boating at no-wake speeds, not to exceed 5 miles per hour (8 kilometers 
per hour), on side or back channels. We prohibit all watercraft in the 
Boyer Chute waterway or other areas as posted.
    (ii) [Reserved]
    (2) Crescent Lake National Wildlife Refuge. (i) We only allow 
boating and float tubes on Island Lake. We prohibit use of internal 
combustion motors for boats on Island Lake.
    (ii) [Reserved]
    (3) Rainwater Basin Wetland Management District. (i) We prohibit the 
use of motorboats. We allow only nonpowered motorboats and those powered 
by electric motors (see Sec.27.32 of this chapter).
    (ii) [Reserved]
    (aa) Nevada--(1) Pahranagat National Wildlife Refuge. (i) We only 
allow motorless boats or boats with electric motors on the Upper Lake, 
Middle Marsh, and Lower Lake, with the exception that we close Upper 
Lake to all boating from October 1 through February 1.
    (ii) We prohibit the use of boats, rubber rafts, or other flotation 
devices on the North Marsh.
    (2) Ruby Lake National Wildlife Refuge. (i) We prohibit boats on 
refuge waters from January 1 through June 14.
    (ii) During the boating season, we allow boats only on the South 
Marsh. From June 15 through July 31, we allow only motorless boats or 
boats with battery-powered electric motors. Anglers must remove all 
gasoline-powered motors. From August 1 through December 31, we allow 
only motorless boats and boats propelled with motors with a total of 10 
horsepower or less.
    (iii) We allow launching of boats only from designated landings.
    (3) Sheldon National Wildlife Refuge. (i) We only allow nonmotorized 
boats or boats with electric motors.
    (ii) [Reserved]
    (4) Stillwater National Wildlife Refuge. (i) We prohibit boating 
outside of the waterfowl and youth waterfowl hunting season except in 
Swan Check Lake, where we allow nonmotorized boating all year.
    (ii) 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.
    (iii) 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.
    (iv) 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.
    (v) You may not operate air-thrust boats until 1 hour after the 
legal shooting time on opening day of waterfowl season.
    (vi) We require air-thrust boat owners to get a Special Use Permit 
(FWS Form 3-1383-G) from the refuge manager and to display a number on 
their airboats.
    (vii) 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.
    (viii) We allow camping only in designated areas.
    (bb)-(dd) [Reserved]
    (ee) New York--(1) Iroquois National Wildlife Refuge. (i) We only 
allow the use of nonmotorized boats.
    (ii) [Reserved]
    (2) [Reserved]
    (ff) North Carolina--(1) Mattamuskeet National Wildlife Refuge. (i) 
We allow motorized and nonmotorized fishing boats, canoes, and kayaks 
from March 1 through October 31.
    (ii) We prohibit airboats, sailboats, Jet Skis, and windboards.
    (2) Pee Dee National Wildlife Refuge. (i) We prohibit boats 
utilizing gasoline-powered motors.

[[Page 251]]

    (ii) You must unload and load boats by hand on all waters except 
those having designated launch ramps.
    (iii) We prohibit swimming.
    (3) Pocosin Lakes National Wildlife Refuge. (i) We only prohibit 
boats on Pungo Lake.
    (ii) We prohibit leaving a boat anywhere on the refuge overnight.
    (gg) North Dakota--(1) J. Clark Salyer National Wildlife Refuge. (i) 
We only allow nonmotorized boats or boats with electric motors.
    (ii) [Reserved]
    (2) Lake Ilo National Wildlife Refuge. (i) We open the refuge to 
boating from May 1 through September 30.
    (ii) [Reserved]
    (3) Long Lake National Wildlife Refuge. (i) We restrict boats to 25 
horsepower maximum.
    (ii) We restrict boats to the period from May 1 through September 
30.
    (4) Silver Lake National Wildlife Refuge. (i) We allow boats on 
Silver Lake and on refuge waters south of the confluence of the Mauvais 
Coulee and Little Coulee from May 1 through September 30 of each year.
    (ii) We prohibit water activities not related to fishing (e.g., 
sailing, skiing, tubing, etc.).
    (5) Tewaukon National Wildlife Refuge. (i) We open the refuge to 
boating from May 1 through September 30.
    (ii) We allow snowmobiles, all-terrain vehicles (ATVs), utility 
terrain vehicles (UTVs), motor vehicles, and fish houses on the ice as 
conditions allow.
    (6) Upper Souris National Wildlife Refuge. (i) We prohibit the use 
of bicycles or similar vehicles on the refuge.
    (ii) We prohibit the use of amphibious vehicles or personal 
watercraft on the refuge.
    (hh) Ohio--(1) Cedar Point National Wildlife Refuge. (i) We allow 
nonmotorized boats and flotation devices in designated areas.
    (ii) We prohibit the use of off-road vehicles and snowmobiles on 
refuge lands.
    (2) Ottawa National Wildlife Refuge. (i) The Crane Creek and Crane 
Creek Estuary are closed to all boats and flotation devices from State 
Route 2 to the mouth of Crane Creek at Lake Erie.
    (ii) We allow nonmotorized boats and flotation devices in designated 
areas.
    (iii) We prohibit the use of off-road vehicles and snowmobiles on 
refuge lands.
    (ii) Oklahoma--(1) Sequoyah National Wildlife Refuge. (i) 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.
    (ii) We prohibit boating on the closed portion of Sally Jones Lake 
from September 1 to March 31.
    (iii) We prohibit alcoholic beverages.
    (2) Tishomingo National Wildlife Refuge. (i) We prohibit glass 
containers.
    (ii) We prohibit airboats, hovercrafts, and personal watercraft 
(e.g., Jet Skis, wave runners, jet boats) year round on refuge waters.
    (iii) We prohibit swimming and water sports.
    (3) Washita National Wildlife Refuge. (i) We do not allow boats and 
other flotation devices on refuge waters from October 15 through March 
14.
    (ii) [Reserved]
    (4) Wichita Mountains National Wildlife Refuge. (i) We allow hand-
powered boats only on Jed Johnson, Rush, Quanah Parker, and French 
Lakes.
    (ii) Anglers may use electric trolling motors on boats 14 feet or 
less in length only on Jed Johnson, Rush, Quanah Parker, and French 
Lakes.
    (jj) Oregon--(1) Baskett Slough National Wildlife Refuge. (i) We 
prohibit overnight camping on the refuge.
    (ii) We prohibit parking on the refuge after the refuge is closed to 
public entry.
    (2) Cold Springs National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (iii) We allow use of only nonmotorized boats and boats with 
electric motors.
    (3) Lower Klamath National Wildlife Refuge. (i) We prohibit the use 
of air-thrust and water-thrust boats.
    (ii) [Reserved]
    (4) McKay Creek National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (5) Umatilla National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (6) Upper Klamath National Wildlife Refuge. (i) Motorized boats must 
not exceed 10 miles per hour in any stream,

[[Page 252]]

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 \1/4\ 
mile (402 meters) east of Crystal Creek and extending due south to the 
opposite shore of the lake.
    (ii) [Reserved]
    (kk)-(ll) [Reserved]
    (mm) South Carolina--(1) Cape Romain National Wildlife Refuge. (i) 
We prohibit camping on the refuge except for designated archery hunters 
on Bulls Island and individuals obtaining a Special Use Permit (FWS Form 
3-1383-G) from the refuge manager.
    (ii) We allow boats to operate in salt water. We prohibit motorized 
equipment on the refuge islands or in refuge inholdings.
    (iii) We prohibit private boats in the refuge boat basins at Garris 
Landing and Bulls Island. We clearly mark these areas with Closed Area 
signs.
    (iv) We prohibit overnight parking at Garris Landing, except for 
archery hunters during the designated refuge archery white-tailed deer 
season and individuals obtaining a Special Use Permit (FWS Form 3-1383-
G) from the refuge manager.
    (v) We close Marsh Island, White Banks, and Sandy Point to public 
entry from February 15 through September 15 to protect nesting birds. 
This closed area extends from the low mean water mark to the highest 
elevation on these islands.
    (2) Carolina Sandhills National Wildlife Refuge. (i) 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.
    (ii) We prohibit swimming and wading in any areas of the refuge.
    (3) Santee National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (iii) We prohibit overnight mooring of boats.
    (iv) We prohibit swimming and wading.
    (v) We allow pets only in designated areas, and they must remain on 
a leash or within vehicles/vessels.
    (vi) We prohibit nighttime access to boat-launching areas.
    (vii) We prohibit mooring or attaching boats to any refuge boundary 
marker, post, or navigational post within refuge waters.
    (viii) We prohibit air-thrust boats, hovercraft, airboats, and 
personal watercraft (e.g., Jet Skis) within the waters of and/or 
boundary of the refuge.
    (nn) South Dakota--(1) LaCreek National Wildlife Refuge. (i) We 
allow boat use only on Pools 3, 4, 7, and 10, and the Little White River 
Recreation Area.
    (ii) We prohibit the use of internal combustion motors in Pools 3, 
4, 7, and 10.
    (2) Sand Lake Wetland Management District. (i) We allow the use of 
motorized boats.
    (ii) [Reserved]
    (oo) Tennessee--(1) Chickasaw National Wildlife Refuge. (i) We 
seasonally close the refuge sanctuary area to the public from November 
15 through March 15.
    (ii) We allow horses only on roads open to motorized traffic.
    (2) Cross Creeks National Wildlife Refuge. (i) We prohibit leaving 
boats unattended on the refuge after daylight use hours.
    (ii) We prohibit swimming in refuge impoundments and from boat ramps 
and boat docks.
    (3) Hatchie National Wildlife Refuge. (i) We seasonally close the 
sanctuary areas of the refuge to the public from November 15 through 
March 15.
    (ii) We allow horses only on roads open to motorized traffic.
    (iii) We allow the use of nonmotorized boats and boats with electric 
motors only; we prohibit the use of gas and diesel motors on refuge 
lakes except in the waterfowl hunting area.
    (4) Lake Isom National Wildlife Refuge. (i) We seasonally close the 
sanctuary areas of the refuge to the public from November 15 through 
March 15.
    (ii) We allow horses only on roads open to motorized traffic.
    (iii) We allow boats with only electric or outboard motors of 10 
horsepower or less.

[[Page 253]]

    (5) Lower Hatchie National Wildlife Refuge. (i) We seasonally close 
the sanctuary area of the refuge and the southern unit of Sunk Lake 
Public Use Natural Area to the public from November 15 through March 15.
    (ii) We allow horses only on roads open to motorized traffic.
    (iii) We allow the use of only nonmotorized boats and boats with 
electric motors on Sunk Lake Public Use Natural Area.
    (6) Reelfoot National Wildlife Refuge. (i) We seasonally close the 
sanctuary areas of the refuge to the public from November 15 through 
March 15.
    (ii) We allow horses only on roads open to motorized traffic.
    (iii) We prohibit airboats, hovercraft, or personal watercraft 
(e.g., Jet Skis) on any waters within the refuge boundary.
    (7) Tennessee National Wildlife Refuge. (i) We limit boats to no 
wake speed on all refuge impoundments.
    (ii) We prohibit swimming in refuge impoundments and from boat ramps 
and boat docks.
    (pp) Texas--(1) Anahuac National Wildlife Refuge. (i) We prohibit 
boats and other flotation devices on inland waters.
    (ii) You may launch motorized boats in East Bay at the East Bay Boat 
Ramp on Westline Road and at the Oyster Bayou Boat Ramp (boat canal). We 
prohibit the launching of airboats or personal watercraft on the refuge.
    (iii) You may launch nonmotorized boats only along East Bay Bayou 
and along the shoreline of East Galveston Bay.
    (2) Aransas National Wildlife Refuge. (i) We prohibit camping on the 
refuge.
    (ii) [Reserved]
    (3) Big Boggy National Wildlife Refuge. (i) We prohibit camping on 
the refuge.
    (ii) [Reserved]
    (4) Brazoria National Wildlife Refuge. (i) We prohibit camping in 
all public hunting areas and parking lots.
    (ii) We prohibit campfires in all public hunting areas and parking 
lots.
    (iii) We allow only nonmotorized boat launching at designated areas.
    (5) Hagerman National Wildlife Refuge. (i) We prohibit glass 
containers on the refuge.
    (ii) We prohibit boats and other floating devices on all open waters 
of Lake Texoma, except Big Mineral Creek from October 1 through March 14 
annually.
    (iii) At the point where Big Mineral Creek joins Lake Texoma, Big 
Mineral Creek becomes a year-round no wake zone to the end of upstream 
navigable waters.
    (iv) From October 1 through March 14, we allow only nonmotorized 
boats in Big Mineral Creek from the point where it joins Lake Texoma to 
the upstream end of navigable waters. You may not have any type of gas 
or electric motor onboard that is capable of use. You may launch boats 
from a boat ramp only from L Pad Road or by hand at the Big Mineral Day 
Use Area.
    (6) Laguna Atascosa National Wildlife Refuge. (i) We only allow 
camping at Adolph Thomae Jr. County Park.
    (ii) [Reserved]
    (7) Lower Rio Grande Valley National Wildlife Refuge. (i) We 
prohibit overnight camping.
    (ii) [Reserved]
    (8) McFaddin National Wildlife Refuge. (i) 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 horsepower or less and utilizing a propeller 9 inches (22.5 
centimeters) in diameter or less.
    (ii) 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.
    (9) San Bernard National Wildlife Refuge. (i) We prohibit camping in 
all public hunting areas and parking lots.
    (ii) We prohibit campfires in all public hunting areas and parking 
lots.
    (10) Texas Point National Wildlife Refuge. (i) 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 horsepower or less and utilizing a propeller 9 inches (22.5 
centimeters) in diameter or less.
    (ii) On inland waters of the refuge open to motorized boats, we 
restrict

[[Page 254]]

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.
    (11) Trinity River National Wildlife Refuge. (i) We limit motors to 
a maximum of 10 horsepower.
    (ii) [Reserved]
    (qq)-(rr) [Reserved]
    (ss) Virginia--(1) Back Bay National Wildlife Refuge--(i) Access: 
Qualifications and specifications. (A) As provided for in Public Law 96-
315, we issue permits to permanent, full-time residents who can furnish 
to the refuge manager, Back Bay National Wildlife Refuge, 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.
    (B) As provided for in Public Law 98-146, up to 15 additional 
permits shall be granted to those persons meeting any one of the 
following conditions:
    (1) 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.
    (2) 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.
    (3) Any permanent, full time resident as of April 1, 1983, residing 
in the area outlined in paragraph (ss)(1)(i)(B)(2) 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, as 
long as they maintain full-time continuous employment in the Norfolk, 
Virginia, area may qualify for access.
    (C) 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 (FWS Form 3-1383-G) will be 
issued only to those who legally qualify for them.
    (D) 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.
    (E) Permits are issued for the purpose of providing entry and exit 
across the refuge beach to the permittee's residence. Personal access is 
limited to permittees, and 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.
    (F) All vehicle occupants must provide positive identification upon 
the request of any refuge official.
    (ii) Access: 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.
    (iii) Access: Number of trips allowed. Permittees and members of 
their immediate families residing with them

[[Page 255]]

are limited to a total of two round trips per day per household.
    (iv) Access: Hours of travel. Travel along the designated route is 
allowed 24 hours per day from October 1 through April 30. Travel is 
restricted to the hours of 5 a.m. to 12 a.m. (midnight) from May 1 
through September 30.
    (v) Access: Medical emergencies. (A) 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.
    (B) 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.
    (vi) Access: Military, fire, or emergency vehicles. (A) Military, 
fire, emergency or law enforcement vehicles used for emergency purposes 
may be granted access.
    (B) 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.
    (C) Continuous or recurring use of the refuge beach for other than 
emergency purposes shall require the issuance of a permit (FWS Form 3-
1383-G) from the refuge manager.
    (vii) Access: Public utility vehicles. Public utility vehicles used 
on official business will be granted access. A permit (FWS Form 3-1383-
G) 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.
    (viii) Access: Essential commercial service vehicles. (A) Essential 
commercial service vehicles on business calls during the hours of 8 a.m. 
to 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.
    (B) ``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.
    (C) 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.
    (ix) 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 paragraph 
(ss)(1)(i) of this section with access privileges identical to those of 
other permittees with beach access privileges.
    (x) Access: Commercial fishermen, businesses, and their employees. 
(A) 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 entry and exit to or 
across the refuge are granted permits (FWS Form 3-1383-G) for access. 
Travel through the refuge by commercial fishermen from Currituck County, 
North Carolina, will be permitted only when directly associated with 
commercial fishing operations. Drivers and passengers on trips through 
the refuge are limited to commercial fishing crew members. A 
``commercial fisherman'' means one who harvests finfish by gill net or 
haul seine in the Atlantic Ocean, and who has owned and operated a 
commercial fishing businesses continuously since 1972. Commercial 
permits are not transferable by sale or devise. The level of commercial 
permittee travel across the refuge shall not increase above the average 
yearly levels maintained in the 1985-1987 period.
    (B) Other businesses who have verified that their business 
operations

[[Page 256]]

on the Outer Banks of Currituck County, North Carolina, have been 
dependent since 1972 on entry and exit to or across the refuge will be 
granted permits (FWS Form 3-1383-G) for access in accordance with the 
limitations outlined in paragraph (ss)(1)(x)(A) of this section.
    (C) 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.
    (D) Employees of commercial fishermen and/or other businesses who 
apply for access permits (FWS Form 3-1383-G) 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. 
``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.
    (xi) Access: Suspension or waiver of rules in this paragraph 
(ss)(1). (A) In an emergency, the refuge manager may suspend any or all 
of the restrictions in this paragraph (ss)(1) 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.
    (B) 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.
    (C) The refuge manager may grant one-time use authorization for 
vehicular access through the refuge to individuals, not otherwise 
qualified in paragraph (ss)(1)(xi)(B) of this section, who have 
demonstrated to the refuge manager that there is no feasible alternative 
to the access requested. Authorization for access under this paragraph 
(ss)(1)(xi)(C) will not be based on convenience to the applicant.
    (xii) Access: Violation of rules in this paragraph (ss)(1). 
Violators of the regulations in this paragraph (ss)(1) pertaining to 
Back Bay National Wildlife Refuge are subject to legal action as 
prescribed by 50 CFR 25.43 and 50 CFR 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 National 
Wildlife Refuge. 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, 
at the address for the Northeast Regional Office provided at 50 CFR 
2.2(e), in accordance with 50 CFR 25.45(c).
    (xiii) Other access rules in this paragraph (ss)(1). (A) 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

[[Page 257]]

changes may result in suspension/revocation of the permit.
    (B) 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. The access privilege in this paragraph 
(ss)(1)(xiii)(B) is not to be used for any commercial purpose.
    (C) 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.
    (D) 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.
    (E) 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 by this 
paragraph (ss)(1).
    (xiv) General rules in this paragraph (ss)(1)--(A) Entry on foot, 
bicycle, or motor vehicle. Entry on foot, bicycle, or by motor vehicle 
on designated routes is allowed 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.
    (B) Beach-oriented uses. Designated areas of the refuge beach are 
open to wildlife/wildlands-oriented recreation only as outlined in 
paragraph (ss)(1)(xiv)(A) of this section. Entry to the beach is via 
designated access points only.
    (C) Parking. Limited parking at the refuge office/visitor contact 
station is allowed only in designated spaces. Parking is available on a 
first-come, first-served basis for persons engaged in wildlife/
wildlands-oriented recreation only as outlined in paragraph 
(ss)(1)(xiv)(A) of this section.
    (D) Fires. All fires are prohibited.
    (E) Pets. Dogs and other pets, on a hand-held leash not exceeding 10 
feet in length, are allowed from October 1 through March 31.
    (F) Sand dunes. Pedestrians and vehicular traffic in the sand dunes 
are prohibited.
    (G) Groups. Use by all groups exceeding 10 individuals will require 
a Special Use Permit (FWS Form 3-1383-G), issued by the refuge manager.
    (H) Motorized vehicles. Registered motor vehicles and motorized 
bicycles (mopeds) are allowed 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 paragraph 
(ss)(1).
    (2) [Reserved]
    (tt) Washington--(1) Billy Frank Jr. Nisqually National Wildlife 
Refuge. (i) We prohibit boat launching on the refuge.
    (ii) The maximum speed limit is 5 miles per hour for boats in all 
refuge waters.
    (2) Columbia National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (3) Conboy Lake National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (4) Hanford Reach National Monument/Saddle Mountain National 
Wildlife Refuge. (i) We prohibit overnight camping.
    (ii) We prohibit overnight parking.
    (iii) We allow only nonmotorized boats and boats with electric 
motors on the WB-10 Pond (Wahluke Lake) and with walk-in access only.
    (5) McNary National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (6) Toppenish National Wildlife Refuge. (i) We prohibit overnight 
camping.
    (ii) We prohibit overnight parking.
    (7) Umatilla National Wildlife Refuge. (i) We prohibit overnight 
camping.

[[Page 258]]

    (ii) We prohibit overnight parking.
    (8) Willapa National Wildlife Refuge. (i) We prohibit camping on the 
refuge except in designated campgrounds on Long Island for up to 14 
days.
    (ii) [Reserved]
    (uu) [Reserved]
    (vv) Wisconsin--(1) Upper Mississippi River National Wildlife and 
Fish Refuge. Refer to paragraph (v)(2) of this section for regulations.
    (2) [Reserved]
    (ww) Wyoming--(1) Seedskadee National Wildlife Refuge. (i) You must 
only launch or pick up trailered boats at the following boat ramps: 
Dodge Bottom, Hayfarm, Lombard, and Six-Mile.
    (ii) [Reserved]
    (2) [Reserved]
    (xx) Information collection requirements. The information collection 
requirements contained in this section have been approved by the Office 
of Management and Budget (OMB) under 44 U.S.C. 3501 et seq. and assigned 
clearance number 1018-0140. The information is being collected to 
provide the refuge managers the information needed to decide whether or 
not to allow the requested use. A response is required in order to 
obtain a benefit. 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. Direct comments regarding 
the burden estimate or any other aspect of these information collection 
requirements to the Service's Information Collection Clearance Officer 
at the address provided at 50 CFR 2.1(b).

[84 FR 47660, Sept. 10, 2019]

    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 at www.govinfo.gov.



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

[[Page 259]]

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;
    (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.

[[Page 260]]

             Subpart C_Disturbing Violations: With Vehicles

27.31 General provisions regarding vehicles.
27.32 Boats.
27.33 Water skiing.
27.34 Aircraft.

              Subpart D_Disturbing Violations: With Weapons

27.41 General provisions.
27.42 Firearms.
27.43 Weapons other than firearms.

       Subpart E_Disturbing Violations: Against Plants and Animals

27.51 Disturbing, injuring, and damaging plants and animals.
27.52 Introduction of plants and animals.

      Subpart F_Disturbing Violations: Against Nonwildlife Property

27.61 Destruction or removal of property.
27.62 Search for and removal of objects of antiquity.
27.63 Search for and removal of other valued objects.
27.64 Prospecting and mining.
27.65 Tampering with vehicles and equipment.

  Subpart G_Disturbing Violations: Filming, Photography, and Light and 
                             Sound Equipment

27.71 Commercial filming and still photography and audio recording.
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: 5 U.S.C. 685, 752, 690d; 16 U.S.C. 460k, 460l-6d, 664, 
668dd, 685, 690d, 715i, 715s, 725; 43 U.S.C. 315a.

    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

[[Page 261]]

and prudent under prevailing conditions, having regard to traffic, 
weather, wildlife, road, and light conditions, and surface, width, and 
character of the travel way is prohibited. Every operator shall maintain 
such control of the vehicle as may be necessary to avoid danger to 
persons or property or wildlife.
    (d) The vehicle speed limit shall not exceed 25 m.p.h. except as 
otherwise legally posted.
    (e)(1) Every motor vehicle shall at all time be equipped with a 
muffler in good working order, and which cannot be removed or otherwise 
altered while the vehicle is being operated on a national wildlife 
refuge. To prevent excessive or unusual noise no person shall use a 
muffler cut-out, bypass, or similar device upon a motor vehicle. A 
vehicle that produces unusual or excessive noise or visible pollutants 
is prohibited.
    (2) A refuge manager, by posting of appropriate signs or by marking 
on a map which shall be available at the refuge headquarters, may 
require that any motor vehicle operating in the designated area shall be 
equipped with a spark arrestor that meets Standard 5100-1a of the U.S. 
Forest Service, Department of Agriculture which standard includes the 
requirements that such spark arrestor shall have an efficiency to retain 
or destroy at least 80 percent of carbon particles, for all flow rates, 
and that such spark arrestor has been warranted by its manufacturer as 
meeting the above mentioned efficiency requirement for at least 1,000 
hours, subject to normal use, with maintenance and mounting in 
accordance with the manufacturers recommendations.
    (f) The operation of a vehicle which does not bear valid license 
plates and is not properly certified, registered, or inspected in 
accordance with applicable State laws is prohibited.
    (g) Driving or permitting another person to drive a vehicle without 
valid license is prohibited. A valid driver's or operator's license must 
be displayed upon the request of any authorized official.
    (h) Stopping, parking or leaving any vehicle, whether attended or 
unattended, upon any road, trail, or fire lane so as to obstruct the 
free movement of other vehicles is prohibited, except in the event of 
accident or other 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

[[Page 262]]

made a part of the regulations in this part.
    (2) No operator or person in charge of any boat shall operate or 
knowingly permit any other person to operate a boat in a reckless or 
negligent manner, or in a manner so as to endanger or be likely to 
endanger any person, property or wildlife.
    (3) No person shall operate or be in actual physical control of a 
boat while under the influence of intoxicating beverages or controlled 
substances.
    (4) No person shall operate a boat in a manner which will 
unreasonably interfere with other boats or with free and proper 
navigation of the waterways of the areas. Anchoring in heavily traveled 
channels or main thoroughfares shall constitute such interference if 
unreasonable in the prevailing circumstances.
    (5) No person shall operate a boat on refuge waters that has a 
marine head (toilet) unless it conforms to Environmental Protection 
Agency regulations regarding sewage discharge.
    (6) Every sailboat when underway from sunset to sunrise shall carry 
and exhibit a bright white light visible all around the horizon for a 
distance of two miles.
    (7) Leaving any boat unattended, outside of designated mooring or 
beaching areas, for a period in excess of 72 hours without written 
permission of the refuge manager is prohibited and any boat so left may 
be impounded by the refuge manager.
    (8) Government-owned docks, piers, and floats are not to be used for 
loading and unloading of boats, except in emergencies or unless 
specifically authorized by the refuge manager.



Sec.27.33  Water skiing.

    When water skiing is permitted upon national wildlife refuge waters, 
the public will be notified under the provisions of this subchapter C 
and the following requirements and limitations will apply:
    (a) Water skiing is permitted only during daylight hours and during 
periods posted or otherwise designated under the provisions of this 
subchapter C.
    (b) When a skier is in ``tow'' there must be two persons in the boat 
at all times, with one person not operating 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.
    (e) Notwithstanding any other provision in this Chapter, persons may 
possess, carry, and transport concealed,

[[Page 263]]

loaded, and operable firearms within a national wildlife refuge in 
accordance with the laws of the state in which the wildlife refuge, or 
that portion thereof, is located, except as otherwise prohibited by 
applicable Federal law.

[46 FR 47230, Sept. 25, 1981, as amended at 73 FR 74971, Dec. 10, 2008]



Sec.27.43  Weapons other than firearms.

    The use or possession of cross bows, bows and arrows, air guns, 
spears, gigs, or other weapons on national wildlife refuges is 
prohibited except as may be authorized under the provision of this 
subchapter C.

[46 FR 47230, Sept. 25, 1981]



       Subpart E_Disturbing Violations: Against Plants and Animals



Sec.27.51  Disturbing, injuring, and damaging plants and animals.

    (a) Disturbing, injuring, spearing, poisoning, destroying, 
collecting or attempting to disturb, injure, spear, poison, destroy or 
collect any plant or animal on any national wildlife refuge is 
prohibited except by special permit unless otherwise permitted under 
this subchapter C.
    (b) [Reserved]



Sec.27.52  Introduction of plants and animals.

    Plants and animals or their parts taken elsewhere shall not be 
introduced, liberated, or placed on any national wildlife refuge except 
as authorized.



      Subpart F_Disturbing Violations: Against Nonwildlife Property



Sec.27.61  Destruction or removal of property.

    The destruction, injury, defacement, disturbance, or the 
unauthorized removal of any public property including natural objects or 
private property on or from any national wildlife refuge is prohibited.



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

    No person shall search for or remove from national wildlife refuges 
objects of antiquity except as may be authorized by 43 CFR part 3.



Sec.27.63  Search for and removal of other valued objects.

    (a) No person shall search for buried treasure, treasure trove, 
valuable semi-precious rocks, stones, or mineral specimens on national 
wildlife refuges 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: Filming, Photography, and Light and 
                             Sound Equipment



Sec.27.71  Commercial filming and still photography and audio 
recording.

    (a) We authorize commercial filming and still photography on 
national wildlife refuges under the provisions of 43 CFR part 5.
    (b) Audio recording does not require a permit unless:
    (1) It takes place at location(s) where or when members of the 
public are not allowed;
    (2) It uses equipment that cannot be carried or held by one person;
    (3) It uses equipment that requires an external power source; or
    (4) We would incur additional administrative costs to provide 
management and oversight of the permitted activity to:

[[Page 264]]

    (i) Avoid unacceptable impacts and impairment to wildlife or 
resource values;
    (ii) Minimize health or safety risks to the visiting public
    (c) Failure to comply with any provision of 43 CFR part 5 is a 
violation of this section.
    (d) The location fee schedule for still photography conducted 
according to a permit issued under 43 CFR part 5 will apply to audio 
recording permits issued under this part.
    (e) We will collect and retain cost recovery charges associated with 
processing permit requests and monitoring the permitted activities.
    (f) Information collection. A Federal agency may not conduct or 
sponsor and you are not required to respond to a collection of 
information, unless it displays a currently valid Office of Management 
and Budget (OMB) control number. The information collection requirements 
contained in this section have been approved by the OMB under 44 U.S.C. 
3501 et seq. and assigned control number 1018-0102. The information is 
being collected to provide agency managers data necessary to issue 
permits and grant administrative benefits. The obligation to respond is 
required to obtain or retain a benefit. You may send comments on this 
information collection requirement to the Information Collection 
Clearance Officer, U.S. Fish and Wildlife Service, 1849 C Street NW., 
Mailstop 2042-PDM, Washington, DC 20240.

[78 FR 52097, Aug. 22, 2013]



Sec.27.72  Audio equipment.

    The operation or use of audio devices including radios, recording 
and playback devices, loudspeakers, television sets, public address 
systems and musical instruments so as to cause unreasonable disturbance 
to others in the vicinity is prohibited.



Sec.27.73  Artificial lights.

    No unauthorized person shall use or direct the rays of a spotlight 
or other artificial light, or automotive headlights for the purpose of 
spotting, locating, or taking any animal within the boundaries of any 
national wildlife refuge or along rights-of-way for public or private 
roads within a national wildlife refuge.



            Subpart H_Disturbing Violations: Personal Conduct



Sec.27.81  Alcoholic beverages.

    Entering or remaining in any national wildlife refuge when under the 
influence of alcohol, to a degree that may endanger oneself or other 
persons or property or unreasonably annoy persons in the vicinity, is 
prohibited.



Sec.27.82  Possession and delivery of controlled substances.

    (a) Definitions for the purpose of this section:
    (1) The term controlled substance means a drug or other substance, 
or immediate precursor, included in schedules I, II, III, IV, or V of 
part B of the Controlled Substance Act (21 U.S.C. 812) or any drug or 
substance added to these schedules pursuant to the terms of the 
Controlled Substance Act.
    (2) The term practitioner means a physician, dentist, veterinarian, 
scientific investigator, pharmacist, or other person licensed, 
registered, or otherwise permitted by the United States or the 
jurisdiction in which he practices to distribute or possess a controlled 
substance in the course of professional practice.
    (3) The term delivery means the actual, attempted or constructive 
transfer and/or distribution of a controlled substance, whether or not 
there exists an agency relationship.
    (b) Offenses. (1) The delivery of any controlled substance on a 
national wildlife refuge is prohibited, except that distributed by a 
practitioner in accordance with applicable law.
    (2) The possession of a controlled substance on a national wildlife 
refuge is prohibited unless such substance was obtained by the possessor 
directly, or pursuant to a valid prescription or order, from a 
practitioner acting in the course of his professional practice, or 
except as otherwise authorized by applicable law.
    (3) Presence in a national wildlife refuge when under the influence 
of a controlled substance to a degree that may endanger oneself, or 
another person, or property, or may cause unreasonable

[[Page 265]]

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.



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

[[Page 266]]

wildlife refuge is prohibited except as may be authorized by special 
permit.



PART 28_ENFORCEMENT, PENALTY, AND PROCEDURAL REQUIREMENTS FOR 
VIOLATIONS OF SUBCHAPTER C--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: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 
715i, 725; 43 U.S.C. 315a.

    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 enforcement, penalty, and 
procedural requirements for violations of subchapter C of this chapter.

[81 FR 79970, Nov. 14, 2016]



                     Subpart B_Enforcement Authority



Sec.28.21  General provisions.

    Refuge managers and other authorized personnel are authorized 
pursuant to authority delegated from the Secretary and which has been 
published in the Federal Register (Administrative Manual 4 AM 4.2) to 
protect fish and wildlife and their habitat and prevent their 
disturbance, to protect Service lands, property, facilities, or 
interests therein and to insure the safety of the using public to the 
fullest degree possible. The control of recreational use will be 
enforced to meet these purposes pursuant to Federal, State, and local 
laws and regulations: The provisions of this subchapter C and any 
special regulations issued pursuant thereto; and the prohibitions and 
restrictions as posted.

[41 FR 9171, Mar. 3, 1976, as amended at 44 FR 42976, July 23, 1979; 51 
FR 7575, Mar. 5, 1986]



                      Subpart C_Penalty Provisions



Sec.28.31  General penalty provisions.

    (a) Any person who violates any of the provisions, rules, 
regulations, posted signs, or special regulations of this subchapter C, 
or any items, conditions or restrictions in a permit, license, grant, 
privilege, or any other limitation established under the subchapter C 
shall be subject to the penalty provisions of this section.
    (b) Failure of any person, utilizing the resources of any national 
wildlife refuge or enjoying any privilege of use thereon for any purpose 
whatsoever, to comply with any of the provisions, conditions, 
restrictions, or requirements of this subchapter C or to comply with any 
applicable provisions of Federal or State law may render such person 
liable to:
    (1) The penalties as prescribed by law. (Sec. 4, 76 Stat. 654, 16 
U.S.C. 460k-3; Sec. 4, 80 Stat. 927, as amended, 16 U.S.C. 668dd(e); 
Sec. 7, 60 Stat. 1080, 16 U.S.C. 666a; Sec. 6, 40 Stat. 756, as amended, 
16 U.S.C. 707; Sec. 7, 48 Stat. 452, 16 U.S.C. 718g; Sec. 2, 33 Stat. 
614, as amended, 18 U.S.C. 41.)
    (2) [Reserved]



Sec.28.32  Penalty provisions concerning fires and timber.

    (a) Any person violating sections 1855-1856 of the Criminal Code (18 
U.S.C. 1855-1856) as they pertain to fires on national wildlife refuge 
lands of the United States shall be subject to civil action and to the 
penalty provisions of the law.
    (b) Any person violating sections 1852-1853 of the Criminal Code (18 
U.S.C. 1852-1853) as they pertain to timber on national wildlife refuge 
lands of the United States shall be subject to civil action and to the 
penalty provisions of the law.

[[Page 267]]



                    Subpart D_Impoundment Procedures



Sec.28.41  Impoundment of abandoned property.

    Any property abandoned or left unattended without authority on any 
national wildlife refuge for a period in excess of 72 hours is subject 
to removal. The expense of the removal shall be borne by the person 
owning or claiming ownership of the property. Such property is subject 
to sale or other disposal after 3 months, in accordance with section 
203m of the Federal Property and Administrative Services Act of 1959, as 
amended (40 U.S.C. 484m), and regulations issued thereunder. Former 
owners may apply within 3 years for reimbursement for such property, 
subject to disposal and storage costs and similar expenses, upon 
sufficient proof of ownership.



Sec.28.42  Impounding of domestic animals.

    (a) Any animal trespassing on the lands of any national wildlife 
refuge may be impounded and disposed of in accordance with State 
statutes insofar as they may be applicable. In the absence of such State 
statutes, the animals shall be disposed of in accordance with this 
section.
    (b) If the owner is known, prompt written notice of the impounding 
will be served in person with written receipt obtained or delivery by 
certified mail with return receipt requested. In the event of his 
failure to remove the impounded animal within five (5) days from receipt 
of such notice, it will be sold or otherwise disposed of as prescribed 
in this section.
    (c) If the owner is unknown, no disposition of the animal shall be 
made until at least fifteen (15) days have elapsed from the date of a 
legal notice of the impounding has been posted at the county courthouse 
and 15 days after the second notice published in a newspaper in general 
circulation in the county in which the trespass took place.
    (d) The notice shall state when and where the animal was impounded 
and shall describe it by brand or earmark or distinguishing marks or by 
other reasonable identification. The notice shall specify the time and 
place the animal will be offered at public sale to the highest bidder, 
in the event it is not claimed or redeemed. The notice shall reserve the 
right of the official conducting the sale to reject any and all bids so 
received.
    (e) Prior to such sale, the owner may redeem the animal by 
submitting proof of ownership and paying all expenses of the United 
States for, capturing, impounding, advertising, care, forage, and damage 
claims.
    (f) If an animal impounded under this section is offered at public 
sale and no bid is received or if the highest bid received is an amount 
less than the claim of the United States, the animal may be sold at 
private sale for the highest amount obtainable, or be condemned and 
destroyed or converted to the use of the United States. Upon the sale of 
any animal in accordance with this section, the buyer shall be issued a 
certificate of sale.
    (g) In determining the claim of the Federal Government in all 
livestock trespass cases on national wildlife refuges, the value of 
forage consumed shall be computed at the commercial unit rate prevailing 
in the locality for that class of livestock. In addition, the claim 
shall include damages to national wildlife refuge property injured or 
destroyed, and all the related expenses incurred in the impounding, 
caring for and disposing of the animal. The salary of Service employees 
for the time spent in and about the investigations, reports, and 
settlement or prosecution of the case shall be prorated in computing the 
expense. Payment of claims due the United States shall be made by 
certified check or postal money order payable to the U.S. Fish and 
Wildlife Service.



Sec.28.43  Destruction of dogs and cats.

    Dogs and cats running at large on a national wildlife refuge and 
observed by an authorized official in the act of killing, injuring, 
harassing or molesting humans or wildlife may be disposed of in the 
interest of public safety and protection of the wildlife.

[[Page 268]]



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 Non-Federal mineral rights.

         Subpart D_Management of Non-Federal Oil and Gas Rights

                            Purpose and Scope

29.40 What are the purpose and scope of the regulations in this subpart?
29.41 When does this subpart apply to me?
29.42 What authorization do I need to conduct operations?
29.43 If I am already operating under Service authorization, what do I 
          need to do?
29.44 If I am operating without prior Service authorization, what do I 
          need to do?

                               Definitions

29.50 What do the terms used in this subpart mean?

                         Pre-Existing Operations

29.60 Do I need an operations permit for my pre-existing operation?
29.61 What information must I provide to the Service?
29.62 What if I intend to conduct new operations or modify my pre-
          existing operations?
29.63 What plugging and reclamation requirements apply to my pre-
          existing operations?
29.64 What other provisions apply to my operations?

                        Temporary Access Permits

29.70 When do I need a temporary access permit?
29.71 How do I apply for a temporary access permit?
29.72 When will the Service grant a temporary access permit?
29.73 How much time will I have to conduct my reconnaissance surveys?

    Accessing Oil and Gas Rights From a Non-Federal Surface Location

29.80 Do I need a permit for accessing oil and gas rights from a non-
          Federal location?

                     Operations Permit: Application

29.90 Who must apply for an operations permit?
29.91 What should I do before filing an application?
29.92 May I use previously submitted information?
29.93 Do I need to submit information for all possible future 
          operations?
29.94 What information must be included in all applications?
29.95 What additional information must be included if I am proposing 
          geophysical exploration?
29.96 What additional information must be included if I am proposing 
          drilling operations?
29.97 What additional information must be included if I am proposing 
          production operations?

           Operations Permit: Application Review and Approval

29.100 How will the Service process my application?
29.101 How will the Service conduct an initial review?
29.102 How will the Service conduct a formal review?
29.103 What standards must be met to approve my application?
29.104 What actions may the Service take on my operations permit 
          application?

                           Operating Standards

29.110 What are the purposes of the Service's operating standards?
29.111 What general facility design and management standards must I 
          meet?
29.112 What fish and wildlife protection standards must I meet?
29.113 What hydrologic standards must I meet?
29.114 What safety standards must I meet?

[[Page 269]]

29.115 What lighting and visual standards must I meet?
29.116 What noise reduction standards must I meet?
29.117 What reclamation and protection standards must I meet?
29.118 What additional operating standards apply to geophysical 
          operations?
29.119 What additional operating standards apply to drilling and 
          production operations?

                      General Terms and Conditions

29.120 What terms and conditions apply to all operators?
29.121 What monitoring and reporting is required for all operators?
29.122 For how long is my operations permit valid?

                               Access Fees

29.140 May I cross Federal property to reach the boundary of my oil and 
          gas right?
29.141 Will the Service charge me a fee for access?
29.142 Will I be charged a fee for emergency access to my operations?

                           Financial Assurance

29.150 When do I have to provide financial assurance to the Service?
29.151 How does the Service establish the amount of financial assurance?
29.152 Will the Service adjust the amount required for my financial 
          assurance?
29.153 When will the Service release my financial assurance?
29.154 Under what circumstances will I forfeit my financial assurance?

                      Modification to an Operation

29.160 Can I modify operations under an approved permit?

                           Change of Operator

29.170 What are my responsibilities if I transfer my right to operate?
29.171 What must I do if operations are transferred to me?

                              Well Plugging

29.180 When must I plug my well?
29.181 Can I get an extension to the well plugging requirement?

                      Prohibited Acts and Penalties

29.190 What acts are prohibited under this subpart?
29.191 What enforcement actions can the Service take?
29.192 How do violations affect my ability to obtain a permit?

                                 Appeals

29.200 Can I, as operator, appeal Service decisions?

                           Public Information

29.210 How can the public learn about oil and gas activities on refuge 
          lands?

                         Information Collection

29.220 Has the Office of Management and Budget approved the collection 
          of information?

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 685, 690d, 
715i, 725, 3161; 30 U.S.C. 185; 31 U.S.C. 3711, 9701; 40 U.S.C. 319; 43 
U.S.C. 315a; 113 Stat. 1501A-140.

    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]



Sec.29.2  Cooperative land management.

    Cooperative agreements with persons for crop cultivation, haying, 
grazing, or the harvest of vegetative products,

[[Page 270]]

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 
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

[[Page 271]]

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, 
must 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 offices are provided at 50 CFR 2.2.
    (2)(i) All applications filed pursuant to this subpart in the name 
of individuals, corporations, or associations must be accompanied by a 
nonreturnable application fee. No application fee will be required of 
(A) State of local governments or agencies or instrumentalities thereof 
except as to rights-of-way, easements or permits under section 28 of the 
Mineral Leasing Act of 1920, as amended by Pub. L. 93-153, or (B) 
Federal Government agencies.
    (ii) Application fees will be in accordance with the following 
schedule:
    (A) For linear facilities (e.g., powerlines, pipelines, roads, 
etc.).

------------------------------------------------------------------------
                  Length                              Payment
------------------------------------------------------------------------
Less than 5 miles........................  $50 per mile or fraction
                                            thereof.
5 to 20 miles............................  $500.
20 miles and over........................  $500 for each 20 miles or
                                            fraction thereof.
------------------------------------------------------------------------

    (B) For nonlinear facilities, $250 for each 40 acres or fraction 
thereof.
    (C) Where an application includes both linear and nonlinear 
facilities, payment will be the aggregate of amounts under paragraphs 
(a)(2)(ii)(A) and (B) of this section.
    (D) When an application is received, the Regional Director will 
estimate the costs expected to be incurred in processing the 
application. If the estimated costs exceed the payments under paragraph 
(a)(2)(ii) (A), (B), or (C) of this section by an amount greater than 
the cost of maintaining actual cost records, the Regional Director shall 
require the applicant to make periodic payments in advance of the 
incurrence of such costs by the United States except for the last 
payment which will reflect final reimbursement for actual costs of the 
United States in processing the application. Overpayments may be 
refunded or adjusted by the Regional Director as appropriate.
    (E) The Regional Director shall, on request by an applicant or 
prospective applicant, give an estimate based on the best available cost 
information, of the costs which would be incurred by the United States 
in processing an application. However, reimbursement will not be limited 
to the estimate of the Regional Director if the actual costs exceed the 
estimate. Prospective applicants are encouraged to consult with the 
Regional Director in advance of filing an application in regard to 
probable costs and other requirements.
    (3)(i) By accepting an easement or permit under this subpart, the 
holder agrees to reimburse the United States for reasonable costs 
incurred by the Fish and Wildlife Service in monitoring the 
construction, operation, maintenance, and termination of facillities 
within or adjacent to the easement or permit area. No reimbursement of 
monitoring costs will be required of (A) State or local governments or 
agencies or instrumentalities

[[Page 272]]

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.

[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; 77 FR 5715, Feb. 
6, 2012; 78 FR 35152, June 12, 2013]



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

[[Page 273]]

granted, or for a lesser term when considered appropriate. For rights-
of-way granted under authority of section 28 of the Mineral Leasing Act 
of 1920, as amended, for pipelines for the transportation of oil, 
natural gas, synthetic liquid or gaseous fuels, or any refined product 
produced therefrom, the grant may be for a term not to exceed 30 years 
and the right-of-way may not exceed 50 feet, plus the area occupied by 
the pipeline and its related facilities unless the Regional Director 
finds, and records the reasons for his finding, that, in his judgment, a 
wider right-of-way is necessary for operation and maintenance after 
construction, or to protect the environment or public safety. Related 
facilities include but are not limited to valves, pump stations, 
supporting structures, bridges, monitoring and communication devices, 
surge and storage tanks, terminals, etc. However, a temporary permit 
supplementing a right-of-way may be granted for additional land needed 
during construction, operation, maintenance, or termination of the 
pipeline, or to protect the natural environment or public safety.
    (b) Unless otherwise provided, no interest granted shall give the 
grantee any right whatever to remove any material, earth, or stone for 
construction or other purpose, except that stone or earth necessarily 
removed from the right-of-way in the construction of a project may be 
used elsewhere along the same right-of-way in the construction of the 
same project.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]



Sec.29.21-4  Terms and conditions.

    (a) Any right-of-way easement or permit granted will be subject to 
outstanding rights, if any, in third parties.
    (b) An applicant, by accepting an easement or permit agrees to such 
terms and conditions as may be prescribed by the Regional Director in 
the granting document. Such terms and conditions shall include the 
following, unless waived in part by the Regional Director, and may 
include additional special stipulations at his discretion. See Sec.
29.21-8 for special requirements for electric powerlines and Sec.
29.21-9 for special requirements for oil and gas pipelines.
    (1) To comply with State and Federal laws applicable to the project 
within which the easement or permit is granted, and to the lands which 
are included in the right-of-way, and lawful existing regulations 
thereunder.
    (2) To clear and keep clear the lands within the easement or permit 
area to the extent and in the manner directed by the project manager in 
charge; and to dispose of all vegetative and other material cut, 
uprooted, or otherwise accumulated during the construction and 
maintenance of the project in such a manner as to decrease the fire 
hazard and also in accordance with such instructions as the project 
manager may specify.
    (3) To prevent the disturbance or removal of any public land survey 
monument or project boundary monument unless and until the applicant has 
requested and received from the Regional 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,

[[Page 274]]

contractors, or employees of the contractors, and to indemnify the 
United States against any liability for damages to life, person or 
property arising from the occupancy or use of the lands under the 
easement or permit, except where the easement or permit is granted 
hereunder to a State or other governmental agency which has no legal 
power to assume such a liability with respect to damages caused by it to 
lands or property, such agency in lieu thereof agrees to repair all such 
damages. Where the easement of permit involves lands which are under the 
exclusive jurisdiction of the United States, the holder or his 
employees, contractors, or agents of the contractors, shall be liable to 
third parties for injuries incurred in connection with the easement or 
permit area. Grants of easements or permits involving special hazards 
will impose liability without fault for injury and damage to the land 
and property of the United States up to a specified maximum limit 
commensurate with the foreseeable risks or hazards presented. The amount 
of no-fault liability for each occurrence is hereby limited to no more 
than $1,000,000.
    (8) To notify promptly the project manager in charge of the amount 
of merchantable timber, if any, which will be cut, removed, or destroyed 
in the construction and maintenance of the project, and to pay the 
United States in advance of construction such sum of money as the 
project manager may determine to be the full stumpage value of the 
timber to be so cut, removed, or destroyed.
    (9) That all or any part of the easement or permit granted may be 
terminated by the Regional Director, for failure to comply with any or 
all of the terms or conditions of the grant, or for abandonment. A 
rebuttable presumption of abandonment is raised by deliberate failure of 
the holder to use for any continuous 2-year period the easement or 
permit for the purpose for which it was granted or renewed. In the event 
of noncompliance of abandonment, the Regional Director will notify in 
writing the holder of the easement or permit of his intention to suspend 
or terminate such grant 60 days from the date of the notice, stating the 
reasons therefor, unless prior to that time the holder completes such 
corrective actions as are specified in the notice. The Regional Director 
may grant an extension of time within which to complete corrective 
actions when, in his judgment, extenuating circumstances not within the 
holder's control such as adverse weather conditions, disturbance to 
wildlife during breeding periods or periods of peak concentration, or 
other compelling reasons warrant. Should the holder of a right-of-way 
issued under authority of the Mineral Leasing Act, as amended, fail to 
take corrective action within the 60-day period, the Regional Director 
will provide for an administrative proceeding pursuant to 5 U.S.C. 554, 
prior to a final Departmental decision to suspend or terminate the 
easement or permit. In the case of all other right-of-way holders, 
failure to take corrective action within the 60-day period will result 
in a determination by the Regional Director to suspend or terminate the 
easement or permit. No administrative proceeding 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

[[Page 275]]

and consents to the occupancy and use by the United States, its 
grantees, permittees, or lessees of any part of the easement of permit 
area not actually occupied for the purpose of the granted rights to the 
extent that it does not interfere with the full and safe utilization 
thereof by the holder. The holder of an easement or permit also agrees 
that authorized representatives of the United States shall have the 
right of access to the easement or permit area for the purpose of making 
inspections and monitoring the construction, operation and maintenance 
of facilities.
    (14) That the easement or permit herein granted shall be subject to 
the express covenant that any facility constructed thereon will be 
modified or adapted, if such is found by the Regional Director to be 
necessary, without liability or expense to the United States, so that 
such facility will not conflict with the use and occupancy of the land 
for any authorized works which may hereafter be constructed thereon 
under the authority of the United States. Any such modification will be 
planned and scheduled so as not to interfere unduly with or to have 
minimal effect upon continuity of energy and delivery requirements.
    (15) That the easement or permit herein granted shall be for the 
specific use described and may not be construed to include the further 
right to authorize any other use within the easement or permit area 
unless approved in writing by the Regional Director.

[31 FR 16026, Dec. 15, 1966, as amended at 42 FR 43918, Aug. 31, 1977]



Sec.29.21-5  Construction.

    (a) If construction is not commenced within two (2) years after date 
of right-of-way grant, the right-of-way may be canceled by the Director 
of the U.S. Fish and Wildlife Service at his discretion.
    (b) Proof of construction: Upon completion of construction, the 
applicant shall file a certification of completion with the Regional 
Director.

[42 FR 43919, Aug. 31, 1977]



Sec.29.21-6  Disposal, transfer or termination of interest.

    (a) Change in jurisdiction over and disposal of lands. The final 
disposal by the United States of any tract of land traversed by a right-
of-way shall not be construed to be a revocation of the right-of-way in 
whole or in part, but such final disposition shall be deemed and taken 
to be subject to such right-of-way unless it has been specifically 
canceled.
    (b) Transfer of easement or permit. Any proposed transfer, by 
assignment, lease, operating agreement or otherwise, of an easement or 
permit must be filed in triplicate with the Regional Director and must 
be supported by a stipulation that the transferee agrees to comply with 
and be bound by the terms and conditions of the original grant. A $25 
nonreturnable service fee must accompany the proposal. No transfer will 
be recognized unless and until approved in writing by the Regional 
Director.
    (c) Disposal of property on termination of right-of-way. In the 
absence of any agreement to the contrary, the holder of the right-of-way 
will be allowed 6 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,

[[Page 276]]

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]



Sec.29.21-9  Rights-of-way for pipelines for the transportation of
oil, natural gas, synthetic liquid or gaseous fuels, or any refine
d 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

[[Page 277]]

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 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.

[[Page 278]]

    (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 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 promptly notify 
the Committee on Natural Resources of the United States House of 
Representatives and the Committee on Energy and Natural Resources of the 
United States Senate 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 the terms and conditions he proposes 
to impose, has been submitted to such committees.

[42 FR 43921, Aug. 31, 1977, as amended at 77 FR 5716, Feb. 6, 2012]



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,

[[Page 279]]

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  Non-Federal mineral rights.

    (a) Non-Federal mineral rights owners within the National Wildlife 
Refuge System, not including coordination areas, must, 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 Service-administered lands, waters, facilities, and to 
wildlife thereon. So far as is practicable, such operations must also be 
conducted without interference to the operation of the refuge and 
disturbance to the wildlife thereon.
    (1) Physical occupancy must be kept to the minimum space necessary 
to conduct efficient mineral operations.
    (2) Persons conducting mineral operations on Service-administered 
lands and waters must comply with all applicable Federal and State laws 
and regulations for the protection of wildlife and the administration of 
the area.
    (3) All waste and contaminating substances must be kept in the 
smallest practicable area, confined so as to prevent escape as a result 
of rains and high water or otherwise, and removed from Service-
administered lands and waters as quickly as practicable in such a manner 
as to prevent contamination, pollution, damage, or injury to Service-
administered lands, waters, or facilities, or to wildlife thereon.
    (4) Structures and equipment must be removed when the need for them 
has ended, and, upon the cessation of operations, the habitat in the 
area of operations must be restored to the extent possible to pre-
operation conditions.
    (b) Nothing in this section will be applied so as to contravene or 
nullify rights vested in holders of mineral interests on refuge lands.

[81 FR 79971, Nov. 14, 2016]



         Subpart D_Management of Non-Federal Oil and Gas Rights

    Source: 81 FR 79971, Nov. 14, 2016, unless otherwise noted.

                            Purpose and Scope



Sec.29.40  What are the purpose and scope of the regulations in this
subpart?

    (a) The purpose of this subpart is to ensure that operators 
exercising non-Federal oil and gas rights within the National Wildlife 
Refuge System (NWRS) outside of Alaska use technologically feasible, 
least damaging methods to:
    (1) Protect Service-administered lands and waters, and resources of 
refuges;
    (2) Protect refuge wildlife-dependent recreational uses and 
experiences and visitor or employee health and safety; and
    (3) Conserve refuges for the benefit of present and future 
generations of Americans.
    (b) This subpart applies to all operators conducting non-Federal oil 
and gas operations outside of Alaska on Service-administered lands held 
in fee or less-than fee (excluding coordination areas) or Service-
administered waters to the extent necessary to protect those property 
interests. These regulations do not apply to non-Federal surface 
locations within the boundaries of a refuge (i.e., inholdings), except 
to the extent that activities associated with those operations, 
including access to an inholding, occur on Service-administered lands or 
waters.
    (c) This subpart is not intended to result in a taking of any 
property interest. The purpose of this subpart is to reasonably regulate 
operations to protect Service-administered lands and waters, resources 
of refuges, visitor uses and experiences, and visitor or employee health 
and safety.

[[Page 280]]



Sec.29.41  When does this subpart apply to me?

    This subpart applies to you if you are an operator who conducts or 
proposes to conduct non-Federal oil or gas operations on Service-
administered lands or waters outside of Alaska.



Sec.29.42  What authorization do I need to conduct operations?

    (a) You must demonstrate to the Service that you have the right to 
operate in order to conduct operations on Service-administered lands or 
waters.
    (b) Except as provided in Sec. Sec.29.43 or 29.44, before starting 
operations, you must obtain a temporary access permit under Sec. Sec.
29.70 through 29.73 for reconnaissance surveys and/or an operations 
permit under Sec. Sec.29.90 through 29.97.



Sec.29.43  If I am already operating under Service authorization,
what do I need to do?

    If you already have a Service-issued permit, you may continue to 
operate according to the terms and conditions of that approval, subject 
to the provisions of this subpart. If you propose to conduct new 
operations, modify your existing operations, conduct well plugging or 
reclamation operations, or obtain an extension of the well plugging 
requirement to maintain your well in shut-in status, you must either 
amend your current authorization or obtain an operations permit in 
accordance with Sec. Sec.29.90 through 29.97, Operations Permit: 
Application, and such new operations or modifications will be subject to 
the applicable provisions of this subpart. Additionally, your existing 
operations are subject to the following regulations:
    (a) Sec.29.120(b) and (d)-(g) and Sec.29.121(a) and (c)-(f);
    (b) Sec.29.170(a);
    (c) Sec. Sec.29.180 and 29.181;
    (d) Sec.29.190; and
    (e) Sec.29.200.



Sec.29.44  If I am operating without prior Service authorization,
what do I need to do?

    Any operator that has commenced operations prior to December 14, 
2016 in accordance with applicable local, State, and Federal laws and 
regulations may continue without an operations permit. However, your 
operation is subject to the requirements of Sec. Sec.29.60 through 
29.64, Pre-Existing Operations, and the requirements that when you 
propose to conduct new operations, modify your pre-existing operations, 
conduct well plugging and reclamation operations, or obtain an extension 
of the well plugging requirement to maintain your well in shut-in 
status, you must obtain an operations permit in accordance with 
Sec. Sec.29.90 through 29.97, Operations Permit: Application, and all 
applicable requirements of this subpart.

                               Definitions



Sec.29.50  What do the terms used in this subpart mean?

    In addition to the definitions in Sec. Sec.25.12, 29.21, and 36.2 
of this subchapter, the following definitions apply to this subpart:
    Access means any method of entering or traversing on or across 
Service-administered lands or waters, including but not limited to: 
Vehicle, watercraft, fixed-wing aircraft, helicopter, unmanned aerial 
vehicle, off-road vehicle, mobile heavy equipment, snowmobile, pack 
animal, and foot. Access does not include the use of aircraft, 
including, but not limited to, airplanes, helicopters, and unmanned 
aircraft vehicles, that do not land on, or are not launched from, 
Service-administered lands or waters.
    Area of operations means the area of Service-administered lands or 
waters on which operations are carried out, including roads or other 
areas that you are authorized to use related to the exercise of your oil 
and gas rights.
    Contaminating substance means any toxic or hazardous substance that 
is used in or results from the conduct of operations and is listed under 
the Clean Air Act (42 U.S.C. 7401 et seq.), Clean Water Act regulations 
at 40 CFR parts 112 and 116, the Resource Conservation and Recovery Act 
regulations at 40 CFR part 261, or the Hazardous Materials 
Transportation Act regulations at 49 CFR part 172. This includes, but is 
not limited to, explosives, radioactive materials, brine waters, 
formation waters, petroleum products, petroleum byproducts, and

[[Page 281]]

chemical compounds used for drilling, production, processing, well 
testing, well completion, and well servicing.
    Gas means any fluid, either combustible or noncombustible, that is 
produced in a natural state from the earth and that maintains a gaseous 
or rarefied state at ordinary temperature and pressure conditions.
    Oil means any viscous combustible liquid hydrocarbon or solid 
hydrocarbon substance that occurs naturally in the earth and is easily 
liquefiable on warming.
    Modifying means changing operations in a manner that will result in 
additional impacts on refuge resources, visitor uses, refuge 
administration, or human health and safety beyond the scope, intensity, 
and/or duration of existing impacts. In order to determine if activities 
would have additional impacts, you must consult with the Service.
    Operations means all existing and proposed functions, work, and 
activities in connection with the exercise of oil or gas rights not 
owned by the United States and located on Service-administered lands or 
waters.
    (1) Operations include, but are not limited to: Access by any means 
to or from an area of operations; construction; geological and 
geophysical exploration; drilling, well servicing, workover, or 
recompletion; production; hydraulic fracturing, well simulation, and 
injection wells; gathering (including installation and maintenance of 
flowlines and gathering lines); storage, transport, or processing of 
petroleum products; earth moving; excavation; hauling; disposal; 
surveillance, inspection, monitoring, or maintenance of wells, 
facilities, and equipment; reclamation; road and pad building or 
improvement; shot hole and well plugging and abandonment, and 
reclamation; and all other activities incident to any of the foregoing.
    (2) Operations do not include reconnaissance surveys as defined in 
this subpart or oil and gas pipelines that are located within a refuge 
under authority of a deeded or other right-of-way.
    Operations permit means a permit issued by the Service under this 
subpart authorizing an operator to conduct operations on Service-
administered lands or waters.
    Operator means any person or entity, agent, assignee, designee, 
lessee, or representative thereof exercising or proposing to exercise 
non-Federal oil and gas rights on Service-administered lands or waters.
    Reconnaissance survey means an inspection or survey conducted by 
qualified specialists for the purpose of preparing a permit application. 
A reconnaissance survey:
    (1) Includes identification of the area of operations and collection 
of natural and cultural resource information within and adjacent to the 
proposed area of operations.
    (2) Does not include surface disturbance activities except for 
minimal disturbance necessary to perform cultural resource surveys, 
natural resource surveys, and location surveys required under this 
subpart.
    Right to operate means a deed, lease, memorandum of lease, 
designation of operator, assignment of right, or other documentation 
demonstrating that you hold a legal right to conduct the operations you 
are proposing on Service-administered lands or waters.
    Service, we, us and our means the U.S. Fish and Wildlife Service.
    Technologically feasible, least damaging methods are those that we 
determine, on a case-by-case basis, to be most protective of refuge 
resources and uses while ensuring human health and safety, taking into 
consideration all relevant factors, including environmental, economic, 
and technological factors and the requirements of applicable law.
    Temporary access permit means a permit issued by the Service 
authorizing an operator to access that operator's proposed area of 
operations to conduct reconnaissance surveys to collect basic 
information necessary to prepare an operations permit application.
    Third-party monitor means a qualified specialist, who is not an 
employee, agent, or representative of the operator, nor has any 
conflicts of interest that could preclude objectivity in monitoring an 
operator's compliance, and

[[Page 282]]

who has the relevant expertise to monitor operations for compliance with 
applicable laws, regulations, and permit requirements.
    Usable water means an aquifer or its portion that:
    (1)(i) Supplies any public water system; or
    (ii) Contains a sufficient quantity of ground water to supply a 
public water system and either:
    (A) Currently supplies drinking water for human consumption; or
    (B) Contains fewer than 10,000 mg/l total dissolved solids; and
    (2) Is not an exempted aquifer.
    Waste means any material that is discarded. It includes, but is not 
limited to: Drilling fluids and cuttings; produced fluids not under 
regulation as a toxic or hazardous substance; human waste; garbage; fuel 
drums; pipes; oil; refined oil and other hydrocarbons; contaminated 
soil; synthetic materials; manmade structures or equipment; or native 
and nonnative materials.
    You means the operator, unless otherwise specified or indicated by 
the context.

                         Pre-Existing Operations



Sec.29.60  Do I need an operations permit for my pre-existing 
operation?

    No. Pre-existing operations are those conducted as of December 14, 
2016 without an approved permit from the Service or prior to a boundary 
change or establishment of a new refuge. Your pre-existing operations 
may be continued without an operations permit, but you are required to 
operate in accordance with applicable local, State, and Federal laws and 
regulations, and are subject to applicable provisions of this subpart, 
including requirements for a permit when you propose to conduct new 
operations or to modify pre-existing operations.



Sec.29.61  What information must I provide to the Service?

    You must submit the following information to the Service where your 
pre-existing operation is occurring by February 13, 2017 or 90 days 
after a boundary change or establishment of a new refuge:
    (a) Documentation demonstrating that you hold the right to operate 
on Service-administered lands or waters.
    (b) The names, phone numbers, and addresses of your:
    (1) Primary company representative;
    (2) Representative responsible for field supervision; and
    (3) Representative responsible for emergency response.
    (c) A brief description of your current operations, and any 
anticipated changes to current operations, including:
    (1) A scaled map clearly delineating your existing area of 
operations;
    (2) Documentation of the current operating methods, surface 
equipment, materials produced or used, and monitoring methods; and
    (3) Copies of all plans and permits required by local, State, and 
Federal agencies, including a Spill Prevention Control and 
Countermeasure Plan if required by Environmental Protection Agency 
regulations at 40 CFR part 112.



Sec.29.62  What if I intend to conduct new operations or modify
my pre-existing operations?

    (a) You must obtain an operations permit before conducting 
operations that are begun after December 14, 2016 for those new 
operations in accordance with Sec. Sec.29.90 through 29.97, Operations 
Permit: Application, and all applicable requirements of this subpart.
    (b) You must obtain an operations permit prior to modifying your 
pre-existing operations for that modification in accordance with 
Sec. Sec.29.90 through 29.97, Operations Permit: Application, and all 
applicable requirements of this subpart.



Sec.29.63  What plugging and reclamation requirements apply to my
pre-existing operations?

    Upon completion of your production operation, you are subject to the 
reclamation standards in Sec.29.117(d). You must obtain an operations 
permit in accordance with Sec. Sec.29.90 through 29.97, Operations 
Permit: Application, and all applicable requirements of this subpart, 
prior to plugging your well and conducting site reclamation.

[[Page 283]]



Sec.29.64  What other provisions apply to my operations?

    Your pre-existing operations are also subject to the following 
regulations in this part 29:
    (a) Sec.29.120(b), (d), (f), and (g) and Sec.29.121(a) and (c)-
(f);
    (b) Sec.29.170(a);
    (c) Sec. Sec.29.180 and 29.181;
    (d) Sec.29.190; and
    (e) Sec.29.200.

                        Temporary Access Permits



Sec.29.70  When do I need a temporary access permit?

    You must apply to the Service and obtain a temporary access permit 
to access your proposed area of operations in order to conduct 
reconnaissance surveys within a refuge. This permit will describe the 
means, routes, timing, and other terms and conditions of your access 
determined by the Service to result in only the minimum disturbance 
necessary to perform surveys.



Sec.29.71  How do I apply for a temporary access permit?

    You must submit the information requested in FWS Form 3-2469 (Oil 
and Gas Operations Special Use Permit Application) to the refuge in 
which you propose to conduct operations. Information includes, but is 
not limited to:
    (a) The name, legal address, and telephone number of the operator, 
employee, agent, or contractor responsible for overall management of the 
proposed operations;
    (b) Documentation demonstrating that you hold the right to operate 
on Service-administered lands or waters;
    (c) The name, legal address, telephone number, and qualifications of 
all specialists responsible for conducting the reconnaissance surveys 
(only required if the assistants/subcontractors/subpermittees will be 
operating on Service-administered lands or waters without the permittee 
being present);
    (d) A brief description of the intended operation so that we can 
determine reconnaissance survey needs;
    (e) A description of the survey methods you intend to use to 
identify the natural and cultural resources;
    (f) A map (to-scale and determined by us to be acceptable) 
delineating the proposed reconnaissance survey area in relation to the 
refuge boundary and the proposed area of operations; and
    (g) A description of proposed means of access and routes for 
conducting the reconnaissance surveys.



Sec.29.72  When will the Service grant a temporary access permit?

    Within 30 calendar days of receipt of the application for a 
reconnaissance survey, we will advise you whether the application 
fulfills the requirements of Sec. Sec.29.70 through 29.71 and issue 
you a temporary access permit or provide you with a statement of 
additional information that is needed for us to conduct review of your 
application.



Sec.29.73  How much time will I have to conduct my reconnaissance
surveys?

    Your temporary access permit will be in effect for a maximum of 60 
calendar days from the date of issuance, unless a longer term is 
approved in the permit. We may extend the term of the permit for a 
reasonable period of time, based upon your written request that explains 
why an extension is necessary.

    Accessing Oil and Gas Rights From a Non-Federal Surface Location



Sec.29.80  Do I need a permit for accessing oil and gas rights from
a non-Federal location?

    No. Using directional drilling from a non-Federal surface location 
to reach your oil and gas rights within a refuge is exempt from these 
regulations. However, you are encouraged to provide the Service the 
names, phone numbers, and addresses of your primary company 
representative, representative responsible for field supervision, and 
representative responsible for emergency response at least 60 calendar 
days prior to conducting your operation. If you require access across 
Service-administered lands or waters, that access is subject to 
applicable provisions of this subpart, including obtaining an operations 
permit for any new access or modification of existing access.

[[Page 284]]

                     Operations Permit: Application



Sec.29.90  Who must apply for an operations permit?

    Except as otherwise provided in Sec. Sec.29.43, 29.44, 29.70, and 
29.80, if you are proposing to conduct operations on Service-
administered lands or waters outside of Alaska, you must submit an 
application (FWS Form 3-2469) for an operations permit to the Service.



Sec.29.91  What should I do before filing an application?

    You should participate in a pre-application meeting with the Service 
to allow for an early exchange of information between you and the 
Service with the intent of avoiding delays in your application process.
    (a) For the meeting, you should provide:
    (1) Documentation demonstrating that you hold the legal right to 
operate on Service-administered lands or waters; and
    (2) An overview of your proposed operation and timing.
    (b) The Service will provide guidance on the permitting process and 
information on available resource data, and identify additional data 
needs.



Sec.29.92  May I use previously submitted information?

    Yes.
    (a) You do not need to resubmit information that is already on file 
with the Service, provided that such information is still current and 
accurate. You should reference this information in your oil and gas 
operations permit application.
    (b) You may submit documents and materials submitted to other 
Federal and State agencies noting how the information meets the specific 
requirements of Sec. Sec.29.93 through 29.97.



Sec.29.93  Do I need to submit information for all possible future
operations?

    No. You need only provide information for those operations for which 
you are seeking immediate approval. Approval of activities beyond the 
scope of your application may be subject to a new application and 
approval process.



Sec.29.94  What information must be included in all applications?

    All applications must include the information requested on FWS Form 
3-2469, including, but not limited to:
    (a) The name, legal address, and telephone number of the operator, 
employee, agent, or contractor responsible for overall management of the 
proposed operations.
    (b) Documentation demonstrating that you hold the legal right to 
operate within the refuge.
    (c) A description of the natural features of your proposed area of 
operations, such as: Streams, lakes, ponds, wetlands, estimated depths 
to the top and bottom of zones of usable water and topographic relief.
    (d) The location of existing roads, trails, railroad tracks, 
pipeline rights-of-way, pads, and other disturbed areas.
    (e) The location of existing structures that your operations could 
affect, including buildings, pipelines, oil and gas wells including both 
producing and plugged and abandoned wells, injection wells, freshwater 
wells, underground and overhead electrical lines, and other utility 
lines.
    (f) Descriptions of the natural and cultural resource conditions 
from your reconnaissance survey reports or other sources collected for 
your proposed area of operations, including any baseline testing of 
soils and surface and near-surface ground waters within your area of 
operations that reasonably may be impacted by your surface operations.
    (g) Locations map(s) (to-scale and determined by us to be 
acceptable) that clearly identifies:
    (1) Proposed area of operations, existing conditions, and proposed 
new surface uses, including the boundaries of each of your oil and gas 
tracts in relation to your proposed operations and the relevant refuge 
boundary.
    (2) Proposed access routes of new surface disturbances as determined 
by a location survey.
    (3) Proposed location of all support facilities, including those for 
transportation (e.g., vehicle parking areas, helicopter pads, etc.), 
sanitation, occupation, staging areas, fuel storage areas,

[[Page 285]]

refueling areas, loading docks, water supplies, and disposal facilities.
    (h) The method and diagrams, including cross-sections, of any 
proposed pad construction, road construction, cut-and-fill areas, and 
surface maintenance, including erosion control.
    (i) The number and types of equipment and vehicles, including an 
estimate of vehicular round trips associated with your operation.
    (j) An estimated timetable for the proposed operations, including 
any operational timing constraints.
    (k) The type and extent of security measures proposed at your area 
of operations.
    (l) The power sources and their transmission systems for the 
proposed operations.
    (m) The types and quantities of all solid and liquid waste generated 
and the proposed methods of storage, handling, and disposal.
    (n) The source, quantity, access route, and transportation/
conveyance method for all water to be used in operations, including 
hydraulic fracturing, and estimations of any anticipated wastewater 
volumes generated, including flowback fluids from hydraulic fracturing, 
and the proposed methods of storage, handling, and recycling or 
disposal.
    (o) The following information regarding mitigation actions and 
alternatives considered:
    (1) A description of the steps you propose to take to mitigate 
anticipated adverse environmental impacts on refuge resources and uses, 
including, but not limited to, the refuge's land features, land uses, 
fish and wildlife, vegetation, soils, surface and subsurface water 
resources, air quality, noise, lightscapes, viewsheds, cultural 
resources, and economic environment.
    (2) A description of any anticipated impacts that you cannot 
mitigate.
    (3) A description of alternatives considered that meet the criteria 
of technologically feasible, least damaging methods of operations, as 
well as the costs and environmental effects of such alternatives.
    (p) You must submit the following information about your spill 
control and emergency preparedness plan. You may use a spill prevention 
control and countermeasure plan prepared under 40 CFR part 112 if the 
plan includes all of the information required by this section. You must 
submit:
    (1) The names, addresses, and telephone numbers of the people whom 
the Service can contact in the event of a spill, fire, or accident, 
including the order in which the individuals should be contacted.
    (2) The notification procedures and steps taken to minimize damage 
in the event of a spill, fire, or accident.
    (3) Identification of contaminating substances used within your area 
of operations or expected to be encountered during operations.
    (4) Trajectory analysis for potential spills that are not contained 
on location.
    (5) Identification of abnormal pressure, temperature, toxic gases or 
substances, or other hazardous conditions at your area of operations or 
expected to be encountered during operations.
    (6) Measures (e.g., procedures, facility design, equipment) to 
minimize risks to human health and safety, and the environment.
    (7) Steps to prevent accumulations of oil or other materials deemed 
to be fire hazards from occurring in the vicinity of well locations and 
lease tanks.
    (8) The equipment and methods for containment and cleanup of 
contaminating substances, including a description of the equipment 
available at your area of operations and equipment available from local 
contractors.
    (9) A stormwater drainage plan and actions intended to mitigate 
stormwater runoff.
    (10) Material safety data sheets for each material you will use or 
encounter during operations, including expected quantities maintained at 
your area of operations.
    (11) A description of the emergency actions you will take in the 
event of injury or death to fish and wildlife or vegetation.
    (12) A description of the emergency actions you will take in the 
event of accidents causing human injury.
    (13) Contingency plans for conditions and emergencies other than 
spills, such as if your area of operations is located in areas prone to 
hurricanes, flooding, tornadoes, fires, or earthquakes.

[[Page 286]]

    (q) A description of the specific equipment, materials, methods, and 
schedule that will be used to meet the operating standards for 
reclamation at Sec.29.117.
    (r) An itemized list of the estimated costs that a third party would 
charge to complete reclamation.



Sec.29.95  What additional information must be included if I am 
proposing geophysical exploration?

    If you propose to conduct geophysical exploration, you must submit 
the information requested on FWS Form 3-2469, including, but not limited 
to:
    (a) A map showing the positions of each survey line including all 
source and receiver locations as determined by a locational survey, and 
including shot point offset distances from wells, buildings, other 
infrastructure, cultural resources, and environmentally sensitive areas;
    (b) The number of crews and numbers of workers in each crew;
    (c) A description of the acquisition methods, including the 
procedures and specific equipment you will use, and energy sources 
(e.g., explosives, vibroseis trucks);
    (d) A description of the methods of access along each survey line 
for personnel, materials, and equipment; and
    (e) A list of all explosives, blasting equipment, chemicals, and 
fuels you will use in the proposed operations, including a description 
of proposed disposal methods, transportation methods, safety measures, 
and storage facilities.



Sec.29.96  What additional information must be included if I am 
proposing drilling operations?

    If you are proposing to drill a well, you must submit the 
information requested on FWS Form 3-2469, including, but not limited to:
    (a) A description of the well pad construction, including dimensions 
and cross sections of cut-and-fill areas and excavations for ditches, 
sumps, and spill control equipment or structures, including lined areas;
    (b) A description of the drill rig and equipment layout, including 
rig components, fuel tanks, testing equipment, support facilities, 
storage areas, and all other well-site equipment and facilities;
    (c) A description of the type and characteristics of the proposed 
drilling mud systems; and
    (d) A description of the equipment, materials, and methods of 
surface operations associated with your drilling, well casing and 
cementing, well control, well evaluation and testing, well completion, 
hydraulic fracturing or other well stimulation, and well plugging 
programs.



Sec.29.97  What additional information must be included if I am proposing production operations?

    If you are proposing to produce a well, you must submit the 
information requested on FWS Form 3-2469, including, but not limited to:
    (a) The dimensions and the to-scale layout of the well pad, clearly 
identifying well locations, noting partial reclamation areas; gathering, 
separation, metering, and storage equipment; electrical lines; fences; 
spill control equipment or structures, including lined areas, artificial 
lift equipment, tank batteries, treating and separating vessels, 
secondary or enhanced recovery facilities, water disposal facilities, 
gas compression and/or injection facilities; metering points; sales 
point (if on lease); tanker pickup points; gas compressor, including 
size and type (if applicable); and any other well site equipment.
    (b) A general description of anticipated stimulations, servicing, 
and workovers.
    (c) A description of the procedures and equipment used to maintain 
well control.
    (d) A description of the method and means used to transport produced 
oil and gas, including vehicular transport; flowline and gathering line 
construction and operation, pipe size, and operating pressure; cathodic 
protection methods; surface equipment use; surface equipment location; 
maintenance procedures; maintenance schedules; pressure detection 
methods; and shutdown procedures.
    (e) A road and well pad maintenance plan, including equipment and 
materials to maintain the road surface and control erosion.

[[Page 287]]

    (f) A vegetation management plan on well sites, roads, pipeline 
corridors, and other disturbed surface areas, including control of 
noxious and invasive species.
    (g) A stormwater management plan on the well site.
    (h) A produced water storage and disposal plan.
    (i) A description of the equipment, materials, and procedures 
proposed for well plugging.

           Operations Permit: Application Review and Approval



Sec.29.100  How will the Service process my application?

    We will conduct initial review of your application to determine if 
all information is complete. Once your information is complete, we will 
begin formal review.



Sec.29.101  How will the Service conduct an initial review?

    (a) Within 30 calendar days of receipt of your application, the 
Service will notify you in writing that one of the following situations 
exists:
    (1) Your application is complete, and the Service will begin formal 
review;
    (2) Your application does not meet the information requirements, in 
which case we will identify the additional information required to be 
submitted before the Service will be able to conduct formal review of 
your application; or
    (3) More time is necessary to complete the review, in which case the 
Service will provide the amount of additional time reasonably needed 
along with a justification.
    (b) If you submit additional information as requested under 
paragraph (a)(2) of this section, and the Service determines that you 
have met all applicable information requirements, the Service will 
notify you within 30 calendar days from receipt of the additional 
information that either:
    (1) Your application is complete, and the Service will begin formal 
review; or
    (2) More time is necessary to complete the initial review, in which 
case the Service will provide the amount of additional time reasonably 
needed along with a justification.



Sec.29.102  How will the Service conduct a formal review?

    For those applications for which the Service determines that the 
applicant holds a valid property right, the Service will conduct a 
formal review of your application by:
    (a) Evaluating the potential impacts of your proposal on Service-
administered lands and waters, or resources of refuges; visitor uses or 
experiences; or visitor or employee health and safety in compliance with 
applicable Federal laws; and
    (b) Identifying any additional operating conditions that would apply 
to your approved application.



Sec.29.103  What standards must be met to approve my application?

    (a) In order to approve your operations permit application, the 
Service must determine that your operations will:
    (1) Use technologically feasible, least damaging methods; and
    (2) Meet all applicable operating standards.
    (b) Before operations begin, you must submit to the Service:
    (1) Financial assurance in the amount specified by the Service and 
in accordance with the requirements of Sec. Sec.29.150 through 29.154, 
Financial Assurance;
    (2) Proof of liability insurance with limits sufficient to cover 
injuries to persons or property caused by your operations; and
    (3) A statement under penalty of perjury, signed by an official who 
is authorized to legally bind the company, stating that proposed 
operations are in compliance with any applicable Federal law or 
regulation or any applicable State law or regulation related to non-
Federal oil and gas operations and that all information submitted to the 
Service is true and correct.



Sec.29.104  What actions may the Service take on my operations
permit application?

    (a) We will make a decision on your application within 180 days from 
the date we deem your application complete unless:

[[Page 288]]

    (1) We and you agree that such decision will occur within a shorter 
or longer period of time; or
    (2) We determine that an additional period of time is required to 
ensure that we have, in reviewing the permit application, complied with 
all applicable legal requirements.
    (b) We will notify you in writing that your permit application is:
    (1) Approved, with or without operating conditions; or
    (2) Denied, and provide justification for the denial. Any such 
denial must be consistent with Sec.29.40(c).

                           Operating Standards



Sec.29.110  What are the purposes of the Service's operating 
standards?

    The purposes are to:
    (a) Protect Service-administered lands and waters, and refuge 
resources; wildlife-dependent visitor uses and experiences; and visitor 
and employee health and safety; and
    (b) Ensure use of technologically feasible, least damaging methods. 
The operating standards give us and the operator flexibility to consider 
using alternative methods, equipment, materials design, and conduct of 
operations.



Sec.29.111  What general facility design and management standards 
must I meet?

    As a permittee, you must:
    (a) Design, construct, operate, and maintain access to your 
operational site to cause the minimum amount of surface disturbance 
needed to safely conduct operations and to avoid areas we have 
identified as containing sensitive resources.
    (b) Install and maintain secondary containment materials and 
structures for all equipment and facilities using or storing 
contaminating substances. The containment system must be sufficiently 
impervious to prevent discharge and must have sufficient storage 
capacity to contain, at a minimum, the largest potential spill incident.
    (c) Keep temporarily stored waste in the smallest area feasible, and 
confine the waste to prevent escape as a result of percolation, rain, 
high water, or other causes. You must regularly remove waste from the 
refuge and lawfully dispose of the waste in a direct and workable 
timeframe. You may not establish a solid waste disposal site on a 
refuge.
    (d) Use engines that adhere to applicable Federal and State emission 
standards.
    (e) Construct, maintain, and use roads in a manner to minimize 
fugitive dust emissions.
    (f) Design, operate, and maintain your operations and equipment in a 
manner consistent with good air pollution control practices so as to 
minimize emissions and leaks of air pollutants and hydrocarbons, 
including intentional releases or flaring of gases.
    (g) Control the invasion of noxious and invasive plant and animal 
species in your area of operations from the beginning through final 
reclamation.
    (h) Avoid conducting ground-disturbing operations within 500 feet of 
any surface water, including an intermittent or ephemeral watercourse, 
or wetland, or any refuge structure or facility used by refuges for 
interpretation, public recreation, or administration. We may increase or 
decrease this distance consistent with the need to protect Service-
administered structures or facilities, visitor uses or experiences, or 
visitor or employee health and safety; or to ensure that you have 
reasonable access to your non-Federal oil and gas. Measurements for 
purposes of this paragraph are by map distance.



Sec.29.112  What fish and wildlife protection standards must I meet?

    To protect fish and wildlife resources on the refuge, you must:
    (a) Along with your employees and contractors, adhere to all refuge 
regulations for the protection of fish, wildlife, and plants;
    (b) Ensure that you, your employees, and contractors have been 
informed and educated by the refuge staff on the appropriate protection 
practices for wildlife conservation;
    (c) Conduct operations in a manner that does not create an unsafe 
environment for fish and wildlife by avoiding or minimizing exposure to 
physical and chemical hazards; and
    (d) Conduct operations in a manner that avoids or minimizes impacts 
to sensitive wildlife, including timing and location of operations.

[[Page 289]]



Sec.29.113  What hydrologic standards must I meet?

    You must:
    (a) Construct facilities in a manner that maintains hydrologic 
movement and function.
    (b) Not cause measurable degradation of surface water or groundwater 
beyond that of existing conditions.
    (c) Conduct operations in a manner that maintains natural processes 
of erosion and sedimentation.



Sec.29.114  What safety standards must I meet?

    To ensure the safety of your operations, you must:
    (a) Maintain your area of operations in a manner that avoids or 
minimizes the cause or spread of fire and does not intensify fire 
originating outside your operations area;
    (b) Maintain structures, facilities, improvements, and equipment in 
a safe and professional manner in order not to create an unsafe 
environment for refuge resources, visitors, and employees, by avoiding 
or minimizing exposure to physical and chemical hazards; and
    (c) Provide site-security measures to protect visitors from 
hazardous conditions resulting from your operations.



Sec.29.115  What lighting and visual standards must I meet?

    (a) You must design, shield, and focus lighting to minimize the 
effects of spill light on the night sky or adjacent areas; and
    (b) You must reduce visual contrast in the landscape in selecting 
the area of operations, avoiding unnecessary disturbance, choosing 
appropriate colors and materials for roads and permanent structures, and 
other means.



Sec.29.116  What noise reduction standards must I meet?

    You must prevent or minimize all noise that:
    (a) Adversely affects refuge resources or uses, taking into account 
frequency, magnitude, or duration; or
    (b) Exceeds levels that have been identified through monitoring as 
being acceptable to or appropriate for uses at the sites being 
monitored.



Sec.29.117  What reclamation and protection standards must I meet?

    (a) You must promptly clean up and remove from the refuge any 
released contaminating substances in accordance with all applicable 
Federal, State, and local laws.
    (b) You must perform partial reclamation of areas that are no longer 
necessary to conduct operations. You must begin final reclamation within 
6 months after you complete your authorized operations unless we 
authorize a different reclamation period in writing.
    (c) You must protect all survey markers (e.g., monuments, witness 
corners, reference monuments, and bearing trees) against destruction, 
obliteration, or damage from operations. You are responsible for 
reestablishment, restoration, and referencing of any monuments, corners, 
and bearing trees that are destroyed, obliterated, or damaged by your 
operations.
    (d) You must complete reclamation by:
    (1) Plugging all wells;
    (2) Removing all above-ground structures, equipment, roads, and all 
other manmade material and debris resulting from operations;
    (3) Removing or neutralizing any contaminating substances;
    (4) Reestablishing native vegetative communities, or providing for 
conditions where ecological processes typical of the ecological zone 
(e.g., plant or wildlife succession) will reestablish themselves;
    (5) Grading to conform the contours to pre-existing elevations as 
necessary to maximize ecological function;
    (6) Restoring conditions to pre-disturbance hydrologic movement and 
functionality;
    (7) Restoring natural systems using native soil material that is 
similar in character to the adjacent undisturbed soil profiles;
    (8) Ensuring that reclamation does not interfere with visitor use or 
with administration of the refuge;
    (9) Attaining conditions that are consistent with the management 
objectives of the refuge, designed to meet the purposes for which the 
refuge was established; and

[[Page 290]]

    (10) Coordinating with us or with other operators who may be using a 
portion of your area of operations to ensure proper and equitable 
apportionment of reclamation responsibilities.



Sec.29.118  What additional operating standards apply to geophysical
operations?

    If you conduct geophysical operations, you must do all of the 
following:
    (a) Use surveying methods that minimize the need for vegetative 
trimming and removal.
    (b) Locate source points using industry-accepted minimum safe-offset 
distances from pipelines, telephone lines, railroad tracks, roads, power 
lines, water wells, oil and gas wells, oil- and gas-production 
facilities, and buildings.
    (c) Use equipment and methods that, based upon the specific 
environment, will minimize impacts to Service-administered lands and 
waters, and resources of refuges; visitor uses and experiences; and 
visitor and employee health and safety.
    (d) If you use shot holes, you must:
    (1) Use biodegradable charges;
    (2) Plug all shot holes to prevent a pathway for migration for 
fluids along any portion of the bore; and
    (3) Leave the site in a clean and safe condition that will not 
impede surface reclamation or pose a hazard to wildlife or human health 
and safety.



Sec.29.119  What additional operating standards apply to drilling and
production operations?

    If you conduct drilling and production operations, you must meet all 
of the following standards:
    (a) To conduct drilling operations, you must:
    (1) Use containerized mud circulation systems for operations;
    (2) Not create or use earthen pits;
    (3) Take all necessary precautions to keep your wells under control 
at all times, using only employees, contractors, or subcontractors 
trained and competent in well control procedures and equipment 
operation, and using industry-accepted well control equipment and 
practices; and
    (4) Design, implement, and maintain integrated casing, cementing, 
drilling fluid, completion, stimulation, and blowout prevention programs 
to prevent escape of fluids to the surface and to isolate and protect 
usable water zones throughout the life of the well, taking into account 
all relevant geologic and engineering factors.
    (b) To conduct production operations, in addition to meeting the 
standards of paragraphs (a)(1) through (a)(4) of this section, you must 
do all of the following:
    (1) Monitor producing conditions for early indications that could 
lead to loss of mechanical integrity of producing equipment.
    (2) Maintain all surface equipment and the wellhead to prevent leaks 
or releases of any fluids or air pollutants.
    (3) Identify wells and related facilities with appropriate signage. 
Signs must remain in place until the well is plugged and abandoned and 
the related facilities are removed. Signs must be of durable 
construction, and the lettering must be legible and large enough to be 
read under normal conditions at a distance of at least 50 feet. Each 
sign must show the name of the well, name of the operator, and the 
emergency contact phone number.
    (4) Remove all equipment and materials when not needed for the 
current phase of your operation.
    (5) Plug all wells, leaving the surface in a clean and safe 
condition that will not impede surface reclamation or pose a hazard to 
wildlife or human health and safety, in accordance with Sec.29.117.

                      General Terms and Conditions



Sec.29.120  What terms and conditions apply to all operators?

    The following terms and conditions apply to all operators, 
regardless of whether these terms and conditions are expressly included 
in the permit:
    (a) You must comply with all applicable operating standards in 
Sec. Sec.29.111 through 29.119; these operating standards will be 
incorporated in the terms and conditions of your operations permit. 
Violation of these operating standards, unless otherwise provided in 
your operations permit, will subject you to the Prohibited Acts and 
Penalties provisions of Sec. Sec.29.190 through 29.192.

[[Page 291]]

    (b) You are responsible for ensuring that all of your employees, 
agents, contractors, and subcontractors comply fully with the 
requirements of this subpart.
    (c) You may be required to reimburse the Service for the costs of 
processing and administering temporary access permits and operations 
permits.
    (d) You may not use any surface water or groundwater from a source 
located on a refuge unless you have demonstrated a right to use that 
water or the use has been approved by the Service as the technologically 
feasible, least damaging method.
    (e) You agree to indemnify and hold harmless the United States and 
its officers and employees from and against any and all liability of any 
kind whatsoever arising out of or resulting from the acts or omissions 
of you and your employees, agents, representatives, contractors, and 
subcontractors in the conduct of activities under a Service-issued 
permit.
    (f) You will be required to take all reasonable precautions to 
avoid, minimize, rectify, or reduce the overall impacts of your proposed 
oil and gas activities to the refuge. You may be required to mitigate 
for impacts to refuge resources and lost uses. Mutually agreed to 
mitigation tools for this purpose may include providing alternative 
habitat creation or restoration, land purchase, or other resource 
compensation.
    (g) You are responsible for unanticipated and unauthorized damages 
as a direct or indirect result of your operations. You will be 
responsible for the actions and consequences of your employees and 
subcontractors. You will also be responsible for any reclamation of 
damages to refuge resources directly or indirectly caused by your 
operations through the occurrence of severe weather, fire, earthquakes, 
or the like thereof.



Sec.29.121  What monitoring and reporting is required for all 
operators?

    (a) The Service may access your area of operations at any time to 
monitor the effects of your operations to ensure compliance with the 
regulations in this subpart.
    (b) The Service may determine that third-party monitors are 
necessary to ensure compliance with your operations permit and to 
protect Service-administered lands and waters, or the resources of 
refuges, visitor uses and experiences, and visitor or employee health 
and safety.
    (1) The Service's determination will be based on the scope and 
complexity of the proposed operation, reports that you are required to 
submit under paragraph (e) of this section, and whether the refuge has 
the staff and technical ability to ensure compliance with the operations 
permit and any provision of this subpart.
    (2) A third-party monitor will report directly to the Service at 
intervals determined by the Service. We will make the information 
reported available to you upon your request.
    (3) You will be responsible for the cost of the third-party monitor.
    (c) You must notify the Service within 24 hours of any injuries to 
or mortality of fish, wildlife, or endangered or threatened plants 
resulting from your operations.
    (d) You must notify the Service of any accidents involving serious 
personal injury or death and of any fires or spills on the site 
immediately after the accident occurs. You must submit a full written 
report on the accident to the Service within 90 days after the accident 
occurs.
    (e) Upon our request, you must submit reports or other information 
necessary to verify compliance with your permit or with any provision of 
this subpart. To fulfill this request, you may submit to us reports that 
you have submitted to the State under State regulations, or that you 
have submitted to any other Federal agency to the extent they are 
sufficient to verify compliance with permits or this subpart.
    (f) If your operations include hydraulic fracturing, you must 
provide the Service with a report including the true vertical depth of 
the well, total water volume used, and a description of the base fluid 
and each additive in the hydraulic fracturing fluid, including the trade 
name, supplier, purpose, ingredients, Chemical Abstract Service Number 
(CAS), maximum ingredient

[[Page 292]]

concentration in additive (percent by mass), and maximum ingredient 
concentration in hydraulic fracturing fluid (percent by mass). The 
report must be either submitted through FracFocus or another Service-
designated database.



Sec.29.122  For how long is my operations permit valid?

    Operations permits remain valid for the duration of the operation. 
Provisions of Sec.29.160 apply.

                               Access Fees



Sec.29.140  May I cross Federal property to reach the boundary 
of my oil and gas right?

    The Service may grant you the privilege of access on, across, or 
through Service-administered lands or waters to reach the boundary of 
your oil and gas right. You should contact the Service to determine if 
additional permits are necessary for access.



Sec.29.141  Will the Service charge me a fee for access?

    (a) The Service will charge you a fee if you require use of Service-
administered lands or waters outside the boundary or scope of your oil 
and gas right:
    (1) If you require new use of Service-administered lands or waters, 
we will charge you a fee based on the fair market value of that use.
    (2) Fees under this section will not be charged for access within 
the scope of your oil and gas right or access to your right that is 
otherwise provided for by law.
    (b) If access to your oil and gas right is across an existing refuge 
road, we may charge a fee according to a posted fee schedule.



Sec.29.142  Will I be charged a fee for emergency access to my 
operations?

    No.
    (a) The Service will not charge a fee for access across Service-
administered lands or waters beyond the scope of your oil and gas right 
as necessary to respond to an emergency situation at your area of 
operations if we determine after the fact that the circumstances 
required an immediate response to either:
    (1) Prevent or minimize injury to refuge resources; or
    (2) Ensure public health and safety.
    (b) You will remain liable for any damage caused to refuge resources 
as a result of such emergency access.

                           Financial Assurance



Sec.29.150  When do I have to provide financial assurance to the 
Service?

    You will need to provide financial assurance as a condition of 
approval for your operations permit when you submit your application. 
You must file financial assurance with us in a form acceptable to the 
Service and payable upon demand. This financial assurance is in addition 
to any financial assurance required by any other Federal or State 
regulatory authority.



Sec.29.151  How does the Service establish the amount of financial
assurance?

    (a) You are responsible for completing reclamation of your 
disturbances, whether within or outside your permit area, in accordance 
with this subpart and the terms of your permit. If you fail to properly 
complete reclamation, you will be liable for the full costs of 
completing the reclamation. We will base the financial assurance amount 
upon the estimated cost that a third-party contractor would charge to 
complete reclamation in accordance with this subpart. If the cost of 
reclamation exceeds the amount of your financial assurance, you will 
remain liable for all costs of reclamation in excess of the financial 
assurance.
    (b) The Service will reduce the required amount of your financial 
assurance during the pendency of operations by the amount we determine 
is represented by in-kind reclamation you complete during your 
operations.



Sec.29.152  Will the Service adjust the amount required for my 
financial assurance?

    The Service may require, or you may request, an adjustment to the 
financial assurance amount because of any circumstances that increase or 
decrease the estimated costs established under Sec.29.151.

[[Page 293]]



Sec.29.153  When will the Service release my financial assurance?

    (a) Your responsibility under the financial assurance will continue 
until either:
    (1) The Service determines that you have met all applicable 
reclamation operating standards and any additional reclamation 
requirements that may be included in your operations permit; or
    (2) A new operator assumes your operations, as provided in Sec.
29.170(b).
    (b) You will be notified by the Service within 30 calendar days of 
our determination that your financial assurance has been released.



Sec.29.154  Under what circumstances will I forfeit my financial
assurance?

    (a) You may forfeit all or part of your financial assurance if we 
cannot secure your compliance with the provisions of your operations 
permit or a provision of this subpart. The part of your financial 
assurance forfeited is based on costs to the Service to remedy your 
noncompliance.
    (b) In addition to forfeited financial assurance, we may 
temporarily:
    (1) Prohibit you from removing all structures, equipment, or other 
materials from your area of operations;
    (2) Require you to secure the operations site and take any necessary 
actions to protect Service-administered lands and waters, and resources 
of the refuge; visitor uses; and visitor or employee health and safety; 
and
    (3) Suspend review of any permit applications you have submitted 
until we determine that all violations of permit provisions or of any 
provision of this subpart are resolved.
    (4) Seek recovery as provided in Sec.29.151 for all costs of 
reclamation in excess of the posted financial assurance.

                      Modification to an Operation



Sec.29.160  Can I modify operations under an approved permit?

    The Service may amend an approved temporary access permit or an 
operations permit to adjust to changed conditions or to address 
unanticipated conditions, either upon our own action or at your request.
    (a) To request a modification to your operation, you must provide, 
in writing, to the Service, your assigned permit number, a description 
of the proposed modification, and an explanation of why the modification 
is needed. We will review your request for modification under the 
approval standards at Sec. Sec.29.72 or 29.103. You may not implement 
any modification until you have received the Service's written approval.
    (b) If the Service needs to amend your temporary access permit or 
operations permit, you will receive a written notice that:
    (1) Describes the modification required and justification;
    (2) Specifies the time within which you must notify the Service that 
you either accept the modifications to your permit or explain any 
concerns you may have; and
    (3) Absent any concerns, specifies the time within which you must 
incorporate the modification into your operations.

                           Change of Operator



Sec.29.170  What are my responsibilities if I transfer my right
to operate?

    (a) If your operations are being conducted under Sec.29.44, you 
must notify the Service in writing within 30 calendar days from the date 
the new operator acquires the rights to conduct operations. Your written 
notification must include:
    (1) The names and addresses of the person or entity conveying the 
right and of the person or entity acquiring the right;
    (2) The effective date of transfer;
    (3) The description of the rights, assets, and liabilities being 
transferred and which ones, if any, are being reserved by the previous 
operator; and
    (4) A written acknowledgement from the new operator that the 
contents of the notification are true and correct.
    (b) If your operations are being conducted under Sec.29.43 or an 
operations permit:
    (1) You must provide notice under paragraph (a) of this section.
    (2) You remain responsible for compliance with your operations 
permit, and we will retain your financial assurance until the new 
operator:

[[Page 294]]

    (i) Adopts and agrees in writing to conduct operations in accordance 
with all terms and conditions of your operations permit;
    (ii) Provides financial assurance with us that is acceptable to the 
Service and made payable to the Service; and
    (iii) Receives written notification from the Service that transfer 
of the operations permit has been approved.



Sec.29.171  What must I do if operations are transferred to me?

    (a) If another operator transfers operations conducted under Sec.
29.44, as the transferee you may continue operating under the 
requirements of that section, but:
    (1) Within 30 calendar days from the date of the transfer, you must 
provide to the Service:
    (i) Documentation demonstrating that you hold the right to operate; 
and
    (ii) The names, phone numbers, and addresses of your:
    (A) Primary company representative;
    (B) Representative responsible for field supervision; and
    (C) Representative responsible for emergency response.
    (2) Within 90 days, or as otherwise agreed to by the Service, submit 
an operations permit application in compliance with Sec. Sec.29.90-
29.97, Operations Permit: Application, that must be approved in 
compliance with applicable provisions of this subpart and under the 
timelines outlined in Sec. Sec.29.100-29.103, Operations Permit: 
Application Review and Approval.
    (b) If another operator transfers operations conducted under Sec.
29.43 or an operations permit, you must within 30 days of commencing 
transferred operations:
    (1) Provide documentation demonstrating that you hold the right to 
operate.
    (2) Provide the names, phone numbers, and addresses of your:
    (i) Primary company representative;
    (ii) Representative responsible for field supervision; and
    (iii) Representative responsible for emergency response.
    (3) Agree in writing to conduct operations in accordance with all 
terms and conditions of the previous operator's permit.
    (4) File financial assurance with us that is acceptable to the 
Service and made payable to the Service.
    (5) Receive written approval from the Service for the transfer of 
the operation's permit.
    (c) You may modify operations transferred to you in accordance with 
Sec.29.160.

                              Well Plugging



Sec.29.180  When must I plug my well?

    Except as provided in Sec.29.181, you must plug your well, in 
accordance with the standards and procedures outlined in this subpart, 
when any of the following occurs:
    (a) Your drilling operations have ended and you have taken no 
further action on your well within 60 calendar days;
    (b) Your well, which has been completed for production operations, 
has no measurable production quantities for 12 consecutive months; or
    (c) The period approved in your permit to maintain your well in 
shut-in status has expired.



Sec.29.181  Can I get an extension to the well plugging requirement?

    (a) You may apply for either an operations permit or a modification 
to your approved operations permit to maintain your well in a shut-in 
status for up to 5 years. Provide the information requested on FWS Form 
3-2469, including, but not limited to:
    (1) An explanation of why the well is shut-in or temporarily 
abandoned and your future plans for utilization;
    (2) A demonstration of the mechanical integrity of the well; and
    (3) A description of the manner in which your well, equipment, and 
area of operations will be maintained in accordance with the standards 
in the subpart.
    (b) Based on the information provided under this section, we may 
approve your application to maintain your well in shut-in status for a 
period up to 5 years. We may condition an extension on an adjustment of 
your financial assurance.

[[Page 295]]

    (c) You may apply for additional extensions by submitting a new 
application under paragraph (a) of this section.

                      Prohibited Acts and Penalties



Sec.29.190  What acts are prohibited under this subpart?

    The following acts are prohibited:
    (a) Operating in violation of the terms or conditions of a temporary 
access permit, an operations permit, a permit under Sec.29.43, or any 
applicable provision of this subpart, including Sec. Sec.29.60-29.64 
for pre-existing operations.
    (b) Damaging Service-administered lands or waters, or resources of a 
refuge, as a result of failure to comply with the terms or conditions of 
a temporary access permit, an operations permit, operations being 
conducted under Sec. Sec.29.43 or 29.44, or any provision of this 
subpart.
    (c) Conducting operations without a temporary access permit or an 
operations permit, unless conducting operations under Sec. Sec.29.43 
or 29.44.
    (d) Failure to comply with any suspension or revocation order issued 
under this subpart.
    (e) Failure to comply with the applicable provisions of Federal law 
or regulation including this subchapter.
    (f) Failure to comply with the applicable provisions of the laws and 
regulations of the State wherein any operation is located unless further 
restricted by Federal law or regulation including this subchapter.



Sec.29.191  What enforcement actions can the Service take?

    If you engage in a prohibited act:
    (a) The Service may suspend and/or revoke your approved operations 
permit and your authorization for operations as set forth at Sec.29.43 
and Sec.29.44; and/or
    (b) All prohibited acts are subject to the penalty provisions set 
forth at Sec.28.31 of this subchapter.



Sec.29.192  How do violations affect my ability to obtain a permit?

    Until you comply with the regulations in this subpart, we will not 
consider a request to conduct any new operations, except plugging and 
reclamation operations, on Service-administered lands or waters.

                                 Appeals



Sec.29.200  Can I, as operator, appeal Service decisions?

    Yes. If you disagree with a decision made by the Service under this 
subpart, you may use the appeals process in Sec.25.45 of this 
subchapter. The process set forth in Sec.25.45 will be used for appeal 
of any written decision concerning approval, denial, or modification of 
an operation made by the Service under this subpart. No Service decision 
under this subpart that is subject to appeal to the Regional Director or 
the Director shall be considered final agency action subject to judicial 
review under 5 U.S.C. 704 until the Regional Director has rendered his 
or her decision on the matter. The decision of the Regional Director 
will constitute the Service's final agency action, and no further appeal 
will lie in the Department from that decision.

                           Public Information



Sec.29.210  How can the public learn about oil and gas activities
on refuge lands?

    (a) Interested parties may view publicly available documents at the 
refuge's office during normal business hours or by other means 
prescribed by the refuge. The availability for public inspection of 
information about the nature, location, character, or ownership of 
refuge resources will conform to all applicable laws and implementing 
regulations, standards, and guidelines.
    (b) The refuge will make available for public inspection any 
documents that an operator submits to the Service under this subpart 
except those that the operator has identified as proprietary or 
confidential.
    (c) For the information required in Sec.29.121(f), the operator 
and the owner of the information will be deemed to have waived any right 
to protect from public disclosure information submitted through 
FracFocus or another Service-designated database.
    (d) For information required under this subpart that the owner of 
the information claims to be exempt from public disclosure and is 
withheld from

[[Page 296]]

the Service, a corporate officer, managing partner, or sole proprietor 
of the operator must sign and the operator must submit to the authorized 
officer an affidavit that:
    (1) Identifies the owner of the withheld information and provides 
the name, address, and contact information for a corporate officer, 
managing partner, or sole proprietor of the owner of the information;
    (2) Identifies the Federal statute or regulation that would prohibit 
the Service from publicly disclosing the information if it were in the 
Service's possession;
    (3) Affirms that the operator has been provided the withheld 
information from the owner of the information and is maintaining records 
of the withheld information, or that the operator has access and will 
maintain access to the withheld information held by the owner of the 
information;
    (4) Affirms that the information is not publicly available;
    (5) Affirms that the information is not required to be publicly 
disclosed under any applicable local, State, tribal, or Federal law;
    (6) Affirms that the owner of the information is in actual 
competition and identifies competitors or others that could use the 
withheld information to cause the owner of the information substantial 
competitive harm;
    (7) Affirms that the release of the information would likely cause 
substantial competitive harm to the owner of the information and 
provides the factual basis for that affirmation; and
    (8) Affirms that the information is not readily apparent through 
reverse engineering with publicly available information.
    (e) If the operator relies upon information from third parties, such 
as the owner of the withheld information, to make the affirmations in 
paragraphs (d)(6) through (d)(8) of this section, the operator must 
provide a written affidavit from the third party that sets forth the 
relied-upon information.
    (f) The Service may require any operator to submit to the Service 
any withheld information, and any information relevant to a claim that 
withheld information is exempt from public disclosure.
    (g) If the Service determines that the information submitted under 
paragraphs (d) or (e) of this section is not exempt from disclosure, the 
Service will make the information available to the public after 
providing the operator and owner of the information with no fewer than 
10 business days' notice of the Service's determination.
    (h) The operator must maintain records of the withheld information 
until the later of the Service's release of the operator's financial 
assurance or 7 years after completion of operations on refuge lands. Any 
subsequent operator will be responsible for maintaining access to 
records required by this paragraph during its operation of the well. The 
operator will be deemed to be maintaining the records if it can promptly 
provide the complete and accurate information to the Service, even if 
the information is in the custody of its owner.
    (i) If any of the chemical identity information required in this 
subpart is withheld, the operator must provide the generic chemical name 
in the submission required. The generic chemical name must be only as 
nonspecific as is necessary to protect the confidential chemical 
identity, and should be the same as or no less descriptive than the 
generic chemical name provided to the Environmental Protection Agency.

                         Information Collection



Sec.29.220  Has the Office of Management and Budget approved the
collection of information?

    The Office of Management and Budget reviewed and approved the 
information collection requirements contained in this subpart and 
assigned OMB Control No. 1018-0162. We use the information collected 
under this subpart to manage non-Federal oil and gas operations on 
Service-administered lands or waters for the purpose of protecting 
wildlife and habitat, water quality and quantity, wildlife-dependent 
recreational opportunities, and the health and safety of employees and 
visitors on the NWRS. 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.

[[Page 297]]



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 298]]

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 299]]

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.
32.9 Information collection requirements.

      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 Rhode Island.
32.59 South Carolina.
32.60 South Dakota.
32.61 Tennessee.
32.62 Texas.
32.63 Utah.
32.64 Vermont.
32.65 Virginia.
32.66 Washington.
32.67 West Virginia.
32.68 Wisconsin.
32.69 Wyoming.
32.70 Guam.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd-668ee, and 715i; 
Pub. L. 115-20, 131 Stat. 86.

    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 300]]

    (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; 81 FR 52271, Aug. 
5, 2016; 82 FR 52010, Nov. 9, 2017]



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

[[Page 301]]

hunting season when unpredictable changes occur in wildlife populations, 
habitat conditions or in other factors affecting a refuge's wildlife 
resources. Changes in refuge-specific hunting regulations made under the 
conditions noted in this paragraph (f) can be in force only for the one 
season to which the changes apply.

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



Sec.32.4  Opening of wildlife refuge areas to fishing.

    Wildlife refuge areas may be opened to sport fishing only after a 
determination is made that this activity is compatible with the purposes 
for which the refuge was established. In addition, the sport fishing 
program must be consistent with principles of sound fishery management 
and otherwise be in the public interest. The opening or closing of 
wildlife refuge areas to fishing is subject to the rulemaking 
requirements of the Administrative Procedure Act (5 U.S.C. 551 et seq.). 
Lands acquired as ``waterfowl production areas'' are open to sport 
fishing subject to the provisions of State laws and regulations and the 
pertinent provisions of parts 25 through 31 of this subchapter: 
Provided, that fishing or entry on all or any part of individual areas 
may be temporarily suspended by posting upon occasions of unusual or 
critical conditions of, or affecting, land, water, vegetation or fish 
and wildlife populations.



Sec.32.5  What are the requirements for sportfishing on areas of the 
National Wildlife Refuge System?

    The following provisions shall apply to each person while engaged in 
public sport fishing on a wildlife refuge area:
    (a) Each person shall secure and possess the required State license.
    (b) Each person shall comply with the applicable provisions of 
Federal law and regulation including this subchapter.
    (c) Each person shall comply with the applicable provisions of the 
laws and regulations of the State wherein any area is located unless the 
same are further restricted by Federal law or regulation.
    (d) Each person shall comply with the terms and conditions 
authorizing access and use of the wildlife refuge area.
    (e) Each person must comply with the provisions of any refuge-
specific regulation governing fishing on the wildlife refuge area. 
Regulations, special conditions, and maps of the fishing areas for a 
particular wildlife refuge are available at that area's headquarters. In 
addition, refuge-specific sport fishing regulations appear in Sec. Sec.
32.20 through 32.72.

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



Sec.32.6  What are the procedures for publication of refuge-specific 
sport fishing regulations?

    (a) Refuge-specific fishing regulations are issued only at the time 
of or after the opening of a wildlife refuge area to sport fishing.
    (b) Refuge-specific fishing regulations may contain the following 
items:
    (1) Fish species that may be taken;
    (2) Seasons;
    (3) Creel limits;
    (4) Methods of fishing;
    (5) Description of areas open to fishing; or
    (6) Other provisions as required.
    (c) Refuge-specific fishing regulations will not liberalize existing 
State laws or regulations.
    (d) Refuge-specific fishing regulations are subject to change and 
the public is invited to submit suggestions and comments for 
consideration at any time.
    (e) We initially publish refuge-specific sport fishing regulations 
in the daily issue of the Federal Register, and subsequently they appear 
in Sec. Sec.32.20 through 32.72.
    (f) Refuge-specific fishing regulations may be amended as needed 
when unpredictable changes occur in fish and wildlife populations, 
habitat conditions or in other factors affecting a refuge's fish and 
wildlife resources.

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



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 this subpart and Sec. Sec.32.20 through 32.70, 
inclusive, are as follows:

[[Page 302]]

    (a) Alabama. (1) Bon Secour National Wildlife Refuge.
    (2) Cahaba River National Wildlife Refuge.
    (3) Choctaw National Wildlife Refuge.
    (4) Eufaula National Wildlife Refuge.
    (5) Grand Bay National Wildlife Refuge.
    (6) Key Cave National Wildlife Refuge.
    (7) Mountain Longleaf National Wildlife Refuge.
    (8) Sauta Cave National Wildlife Refuge.
    (9) Wheeler National Wildlife Refuge.
    (b) Alaska. (1) Alaska Maritime National Wildlife Refuge.
    (2) Alaska Peninsula National Wildlife Refuge.
    (3) Arctic National Wildlife Refuge.
    (4) Becharof National Wildlife Refuge.
    (5) Innoko National Wildlife Refuge.
    (6) Izembek National Wildlife Refuge.
    (7) Kanuti National Wildlife Refuge.
    (8) Kenai National Wildlife Refuge.
    (9) Kodiak National Wildlife Refuge.
    (10) Koyukuk National Wildlife Refuge.
    (11) Nowitna National Wildlife Refuge.
    (12) Salawik National Wildlife Refuge.
    (13) Tetlin National Wildlife Refuge.
    (14) Togiak National Wildlife Refuge.
    (15) Yukon Delta National Wildlife Refuge.
    (16) Yukon Flats National Wildlife Refuge.
    (c) Arizona. (1) Bill Williams River National Wildlife Refuge.
    (2) Buenos Aires National Wildlife Refuge.
    (3) Cabeza Prieta National Wildlife Refuge.
    (4) Cibola National Wildlife Refuge.
    (5) Havasu National Wildlife Refuge.
    (6) Imperial National Wildlife Refuge.
    (7) Kofa National Wildlife Refuge.
    (8) Leslie Canyon National Wildlife Refuge.
    (9) San Bernardino National Wildlife Refuge.
    (d) Arkansas. (1) Bald Knob National Wildlife Refuge.
    (2) Big Lake National Wildlife Refuge.
    (3) Cache River National Wildlife Refuge.
    (4) Dale Bumpers White River National Wildlife Refuge.
    (5) Felsenthal National Wildlife Refuge.
    (6) Holla Bend National Wildlife Refuge.
    (7) Overflow National Wildlife Refuge.
    (8) Pond Creek National Wildlife Refuge.
    (9) Wapanocca National Wildlife Refuge.
    (e) California. (1) Cibola National Wildlife Refuge.
    (2) Clear Lake National Wildlife Refuge.
    (3) Colusa National Wildlife Refuge.
    (4) Delevan National Wildlife Refuge.
    (5) Don Edwards San Francisco Bay National Wildlife Refuge.
    (6) Havasu National Wildlife Refuge.
    (7) Humboldt Bay National Wildlife Refuge.
    (8) Imperial National Wildlife Refuge.
    (9) Kern National Wildlife Refuge.
    (10) Lower Klamath National Wildlife Refuge.
    (11) Marin Islands National Wildlife Refuge.
    (12) Merced National Wildlife Refuge.
    (13) Modoc National Wildlife Refuge.
    (14) Sacramento National Wildlife Refuge.
    (15) Sacramento River National Wildlife Refuge.
    (16) Salinas River National Wildlife Refuge.
    (17) San Diego Bay National Wildlife Refuge.
    (18) San Luis National Wildlife Refuge.
    (19) San Pablo Bay National Wildlife Refuge.
    (20) Sonny Bono Salton Sea National Wildlife Refuge.
    (21) Stone Lakes National Wildlife Refuge.
    (22) Sutter National Wildlife Refuge.
    (23) Tule Lake National Wildlife Refuge.
    (f) Colorado. (1) Alamosa National Wildlife Refuge.
    (2) Arapaho National Wildlife Refuge.
    (3) Baca National Wildlife Refuge.
    (4) Browns Park National Wildlife Refuge.
    (5) Monte Vista National Wildlife Refuge.
    (6) Rocky Mountain Arsenal.

[[Page 303]]

    (g) Connecticut. (1) Silvio O. Conte National Fish and Wildlife 
Refuge.
    (2) Stewart B. McKinney National Wildlife Refuge.
    (h) Delaware. (1) Bombay Hook National Wildlife Refuge.
    (2) Prime Hook National Wildlife Refuge.
    (i) Florida. (1) Arthur R. Marshall Loxahatchee National Wildlife 
Refuge.
    (2) Cedar Keys National Wildlife Refuge.
    (3) Chassahowitzka National Wildlife Refuge.
    (4) Egmont Key National Wildlife Refuge.
    (5) Everglades Headwaters National Wildlife Refuge.
    (6) Hobe Sound National Wildlife Refuge.
    (7) J.N. ``Ding'' Darling National Wildlife Refuge.
    (8) Lake Woodruff National Wildlife Refuge.
    (9) Lower Suwannee National Wildlife Refuge.
    (10) Merritt Island National Wildlife Refuge.
    (11) Pelican Island National Wildlife Refuge.
    (12) Pinellas National Wildlife Refuge.
    (13) St. Marks National Wildlife Refuge.
    (14) St. Vincent National Wildlife Refuge.
    (15) Ten Thousand Islands National Wildlife Refuge.
    (j) Georgia. (1) Banks Lake National Wildlife Refuge.
    (2) Blackbeard Island National Wildlife Refuge.
    (3) Bond Swamp National Wildlife Refuge.
    (4) Eufaula National Wildlife Refuge.
    (5) Harris Neck National Wildlife Refuge.
    (6) Okefenokee National Wildlife Refuge.
    (7) Piedmont National Wildlife Refuge.
    (8) Savannah National Wildlife Refuge.
    (9) Wassaw National Wildlife Refuge.
    (10) Wolf Island National Wildlife Refuge.
    (k) Hawaii. (1) Hanalei National Wildlife Refuge.
    (2) Kakahaia National Wildlife Refuge.
    (3) Kilauea Point National Wildlife Refuge.
    (l) Idaho. (1) Bear Lake National Wildlife Refuge.
    (2) Camas National Wildlife Refuge.
    (3) Deer Flat National Wildlife Refuge.
    (4) Grays Lake National Wildlife Refuge.
    (5) Kootenai National Wildlife Refuge.
    (6) Minidoka National Wildlife Refuge.
    (m) Illinois. (1) Chautauqua National Wildlife Refuge.
    (2) Crab Orchard National Wildlife Refuge.
    (3) Cypress Creek National Wildlife Refuge.
    (4) Emiquon National Wildlife Refuge.
    (5) Great River National Wildlife Refuge.
    (6) Hackmatack National Wildlife Refuge.
    (7) Kankakee National Wildlife Refuge.
    (8) Meredosia National Wildlife Refuge.
    (9) Middle Mississippi River National Wildlife Refuge.
    (10) Port Louisa National Wildlife Refuge.
    (11) Two Rivers National Wildlife Refuge.
    (12) Upper Mississippi River National Wildlife and Fish Refuge.
    (n) Indiana. (1) Big Oaks National Wildlife Refuge.
    (2) Muscatatuck National Wildlife Refuge.
    (3) Patoka River National Wildlife Refuge and Management Area
    (o) Iowa. (1) De Soto National Wildlife Refuge.
    (2) Driftless Area National Wildlife Refuge.
    (3) Iowa Wetland Management District.
    (4) Neal Smith National Wildlife Refuge.
    (5) Northern Tallgrass Prairie National Wildlife Refuge.
    (6) Port Louisa National Wildlife Refuge.
    (7) Union Slough National Wildlife Refuge.

[[Page 304]]

    (8) Upper Mississippi River National Wildlife and Fish Refuge.
    (p) Kansas. (1) Flint Hills National Wildlife Refuge.
    (2) Kirwin National Wildlife Refuge.
    (3) Marais des Cygnes National Wildlife Refuge.
    (4) Quivira National Wildlife Refuge.
    (q) Kentucky. (1) Clarks River National Wildlife Refuge.
    (2) Ohio River Islands National Wildlife Refuge.
    (3) Reelfoot National Wildlife Refuge.
    (r) Louisiana. (1) Atchafalaya National Wildlife Refuge.
    (2) Bayou Cocodrie National Wildlife Refuge.
    (3) Bayou Sauvage National Wildlife Refuge.
    (4) Bayou Teche National Wildlife Refuge.
    (5) Big Branch Marsh National Wildlife Refuge.
    (6) Black Bayou Lake National Wildlife Refuge.
    (7) Bogue Chitto National Wildlife Refuge.
    (8) Breton National Wildlife Refuge.
    (9) Cameron Prairie National Wildlife Refuge.
    (10) Cat Island National Wildlife Refuge.
    (11) Catahoula National Wildlife Refuge.
    (12) D'Arbonne National Wildlife Refuge.
    (13) Delta National Wildlife Refuge.
    (14) Grand Cote National Wildlife Refuge.
    (15) Lacassine National Wildlife Refuge.
    (16) Lake Ophelia National Wildlife Refuge.
    (17) Mandalay National Wildlife Refuge.
    (18) Red River National Wildlife Refuge.
    (19) Sabine National Wildlife Refuge.
    (20) Tensas River National Wildlife Refuge.
    (21) Upper Ouachita National Wildlife Refuge.
    (s) Maine. (1) Moosehorn National Wildlife Refuge.
    (2) Petit Manan National Wildlife Refuge.
    (3) Rachel Carson National Wildlife Refuge.
    (4) Sunkhaze Meadows National Wildlife Refuge.
    (5) Umbagog National Wildlife Refuge.
    (t) Maryland. (1) Blackwater National Wildlife Refuge.
    (2) Eastern Neck National Wildlife Refuge.
    (3) Patuxent Research Refuge.
    (u) Massachusetts. (1) Assabet River National Wildlife Refuge.
    (2) Great Meadows National Wildlife Refuge.
    (3) Mashpee National Wildlife Refuge.
    (4) Monomoy National Wildlife Refuge.
    (5) Nantucket National Wildlife Refuge.
    (6) Oxbow National Wildlife Refuge.
    (7) Parker River National Wildlife Refuge.
    (8) Silvio O. Conte National Fish and Wildlife Refuge.
    (v) Michigan. (1) Detroit River International Wildlife Refuge.
    (2) Harbor Island National Wildlife Refuge.
    (3) Kirtland's Warbler Wildlife Management Area.
    (4) Michigan Wetland Management District.
    (5) Seney National Wildlife Refuge.
    (6) Shiawassee National Wildlife Refuge.
    (w) Minnesota. (1) Agassiz National Wildlife Refuge.
    (2) Big Stone National Wildlife Refuge.
    (3) Big Stone Wetland Management District.
    (4) Crane Meadows National Wildlife Refuge.
    (5) Detroit Lakes Wetland Management District.
    (6) Fergus Falls Wetland Management District.
    (7) Glacial Ridge National Wildlife Refuge.
    (8) Hamden Slough National Wildlife Refuge.
    (9) Litchfield Wetland Management District.
    (10) Minnesota Valley National Wildlife Refuge.
    (11) Minnesota Valley Wetland Management District.
    (12) Morris Wetland Management District.
    (13) Northern Tallgrass Prairie National Wildlife Refuge.
    (14) Rice Lake National Wildlife Refuge.

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    (15) Rydell National Wildlife Refuge.
    (16) Sherburne National Wildlife Refuge.
    (17) Tamarac National Wildlife Refuge.
    (18) Upper Mississippi River National Wildlife and Fish Refuge.
    (19) Windom Wetland Management District.
    (x) Mississippi. (1) Bogue Chitto National Wildlife Refuge.
    (2) Coldwater River National Wildlife Refuge.
    (3) Dahomey National Wildlife Refuge.
    (4) Grand Bay National Wildlife Refuge.
    (5) Hillside National Wildlife Refuge.
    (6) Holt Collier National Wildlife Refuge.
    (7) Mathews Brake National Wildlife Refuge.
    (8) Morgan Brake National Wildlife Refuge.
    (9) Panther Swamp National Wildlife Refuge.
    (10) Sam D. Hamilton Noxubee National Wildlife Refuge.
    (11) St. Catherine Creek National Wildlife Refuge.
    (12) Tallahatchie National Wildlife Refuge.
    (13) Yazoo National Wildlife Refuge.
    (y) Missouri. (1) Big Muddy National Fish and Wildlife Refuge.
    (2) Clarence Cannon National Wildlife Refuge.
    (3) Great River National Wildlife Refuge.
    (4) Loess Bluffs National Wildlife Refuge.
    (5) Middle Mississippi River National Wildlife Refuge.
    (6) Mingo National Wildlife Refuge.
    (7) Swan Lake National Wildlife Refuge.
    (8) Two Rivers National Wildlife Refuge.
    (z) Montana. (1) Benton Lake National Wildlife Refuge.
    (2) Benton Lake Wetland Management District.
    (3) Black Coulee National Wildlife Refuge.
    (4) Bowdoin National Wildlife Refuge.
    (5) Bowdoin Wetland Management District.
    (6) Charles M. Russell National Wildlife Refuge.
    (7) Charles M. Russell Wetland Management District.
    (8) Creedman Coulee National Wildlife Refuge.
    (9) Hailstone National Wildlife Refuge.
    (10) Hewitt Lake National Wildlife Refuge.
    (11) Lake Mason National Wildlife Refuge.
    (12) Lake Thibadeau National Wildlife Refuge.
    (13) Lamesteer National Wildlife Refuge.
    (14) Lee Metcalf National Wildlife Refuge.
    (15) Lost Trail National Wildlife Refuge.
    (16) Medicine Lake National Wildlife Refuge.
    (17) National Bison Range.
    (18) Ninepipe National Wildlife Refuge.
    (19) Northeast Montana Wetland Management District.
    (20) Northwest Montana Wetland Management District.
    (21) Pablo National Wildlife Refuge.
    (22) Red Rock Lakes National Wildlife Refuge.
    (23) Swan River National Wildlife Refuge.
    (24) UL Bend National Wildlife Refuge.
    (25) War Horse National Wildlife Refuge.
    (aa) Nebraska. (1) Boyer Chute National Wildlife Refuge.
    (2) Crescent Lake National Wildlife Refuge.
    (3) Fort Niobrara National Wildlife Refuge.
    (4) John W. and Louise Seier National Wildlife Refuge.
    (5) North Platte National Wildlife Refuge.
    (6) Rainwater Basin Wetland Management District.
    (7) Valentine National Wildlife Refuge.
    (bb) Nevada. (1) Ash Meadows National Wildlife Refuge.
    (2) Desert National Wildlife Refuge.
    (3) Fallon National Wildlife Refuge.
    (4) Pahranagat National Wildlife Refuge.
    (5) Ruby Lake National Wildlife Refuge.
    (6) Sheldon National Wildlife Refuge.

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    (7) Stillwater National Wildlife Refuge.
    (cc) New Hampshire. (1) Great Bay National Wildlife Refuge.
    (2) Silvio O. Conte National Fish and Wildlife Refuge.
    (3) Umbagog National Wildlife Refuge.
    (dd) New Jersey. (1) Cape May National Wildlife Refuge.
    (2) Edwin B. Forsythe National Wildlife Refuge.
    (3) Great Swamp National Wildlife Refuge.
    (4) Supawna Meadows National Wildlife Refuge.
    (5) Wallkill River National Wildlife Refuge.
    (ee) New Mexico. (1) Bitter Lake National Wildlife Refuge.
    (2) Bosque del Apache National Wildlife Refuge.
    (3) Las Vegas National Wildlife Refuge.
    (4) Maxwell National Wildlife Refuge.
    (5) San Andres National Wildlife Refuge.
    (6) Sevilleta National Wildlife Refuge.
    (ff) New York. (1) Amagansett National Wildlife Refuge.
    (2) Elizabeth A. Morton National Wildlife Refuge.
    (3) Iroquois National Wildlife Refuge.
    (4) Montezuma National Wildlife Refuge.
    (5) Oyster Bay National Wildlife Refuge.
    (6) Seatuck National Wildlife Refuge.
    (7) Shawangunk Grasslands National Wildlife Refuge.
    (8) Target Rock National Wildlife Refuge.
    (9) Wallkill National Wildlife Refuge.
    (10) Wertheim National Wildlife Refuge.
    (gg) North Carolina. (1) Alligator River National Wildlife Refuge.
    (2) Cedar Island National Wildlife Refuge.
    (3) Currituck National Wildlife Refuge.
    (4) Great Dismal Swamp National Wildlife Refuge.
    (5) Mackay Island National Wildlife Refuge.
    (6) Mattamuskeet National Wildlife Refuge.
    (7) Pea Island National Wildlife Refuge.
    (8) Pee Dee National Wildlife Refuge.
    (9) Pocosin Lakes National Wildlife Refuge.
    (10) Roanoke River National Wildlife Refuge.
    (11) Swanquarter National Wildlife Refuge.
    (hh) North Dakota. (1) Appert Lake National Wildlife Refuge.
    (2) Ardoch National Wildlife Refuge.
    (3) Arrowwood National Wildlife Refuge.
    (4) Arrowwood Wetland Management District.
    (5) Audubon National Wildlife Refuge.
    (6) Audubon Wetland Management District.
    (7) Bone Hill National Wildlife Refuge.
    (8) Brumba National Wildlife Refuge.
    (9) Buffalo Lake National Wildlife Refuge.
    (10) Camp Lake National Wildlife Refuge.
    (11) Canefield Lake National Wildlife Refuge.
    (12) Chase Lake National Wildlife Refuge.
    (13) Chase Lake Wetland Management District.
    (14) Cottonwood Lake National Wildlife Refuge.
    (15) Crosby Wetland Management District.
    (16) Dakota Lake National Wildlife Refuge.
    (17) Des Lacs National Wildlife Refuge.
    (18) Devils Lake Wetland Management District.
    (19) Half Way Lake National Wildlife Refuge.
    (20) Hiddenwood Lake National Wildlife Refuge.
    (21) Hobart Lake National Wildlife Refuge.
    (22) Hutchinson Lake National Wildlife Refuge.
    (23) J. Clark Salyer National Wildlife Refuge.
    (24) J. Clark Salyer Wetland Management District.
    (25) Johnson Lake National Wildlife Refuge.
    (26) Kulm Wetland Management District.
    (27) Lake Alice National Wildlife Refuge.

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    (28) Lake George National Wildlife Refuge.
    (29) Lake Ilo National Wildlife Refuge.
    (30) Lake National Wildlife Refuge.
    (31) Lake Nettie National Wildlife Refuge.
    (32) Lake Otis National Wildlife Refuge.
    (33) Lake Patricia National Wildlife Refuge.
    (34) Lake Zahl National Wildlife Refuge.
    (35) Lambs Lake National Wildlife Refuge.
    (36) Little Goose Lake National Wildlife Refuge.
    (37) Long Lake National Wildlife Refuge.
    (38) Long Lake Wetland Management District.
    (39) Lords Lake National Wildlife Refuge.
    (40) Lost Lake National Wildlife Refuge.
    (41) Lostwood National Wildlife Refuge.
    (42) Lostwood Wetland Management District.
    (43) Maple River National Wildlife Refuge.
    (44) Pleasant Lake National Wildlife Refuge.
    (45) Pretty Rock National Wildlife Refuge.
    (46) Rabb Lake National Wildlife Refuge.
    (47) Rock Lake National Wildlife Refuge.
    (48) Rose Lake National Wildlife Refuge.
    (49) School Section National Wildlife Refuge.
    (50) Sheyenne Lake National Wildlife Refuge.
    (51) Sibley Lake National Wildlife Refuge.
    (52) Silver Lake National Wildlife Refuge.
    (53) Slade National Wildlife Refuge.
    (54) Snyder Lake National Wildlife Refuge.
    (55) Springwater National Wildlife Refuge.
    (56) Stewart Lake National Wildlife Refuge.
    (57) Stoney Slough National Wildlife Refuge.
    (58) Storm Lake National Wildlife Refuge.
    (59) Sunburst Lake National Wildlife Refuge.
    (60) Tewaukon National Wildlife Refuge.
    (61) Tewaukon Wetland Management District.
    (62) Tomahawk National Wildlife Refuge.
    (63) Upper Souris National Wildlife Refuge.
    (64) Wild Rice National Wildlife Refuge.
    (65) Willow Lake National Wildlife Refuge.
    (66) Wintering River National Wildlife Refuge.
    (67) Wood Lake National Wildlife Refuge.
    (ii) Ohio. (1) Cedar Point National Wildlife Refuge.
    (2) Ottawa National Wildlife Refuge.
    (jj) Oklahoma. (1) Deep Fork National Wildlife Refuge.
    (2) Little River National Wildlife Refuge.
    (3) Optima National Wildlife Refuge.
    (4) Ozark Plateau National Wildlife Refuge.
    (5) Salt Plains National Wildlife Refuge.
    (6) Sequoyah National Wildlife Refuge.
    (7) Tishomingo National Wildlife Refuge.
    (8) Tishomingo Wildlife Management Unit.
    (9) Washita National Wildlife Refuge.
    (10) Wichita Mountains National Wildlife Refuge.
    (kk) Oregon. (1) Bandon Marsh National Wildlife Refuge.
    (2) Baskett Slough National Wildlife Refuge.
    (3) Bear Valley National Wildlife Refuge.
    (4) Cold Springs National Wildlife Refuge.
    (5) Deer Flat National Wildlife Refuge.
    (6) Hart Mountain National Antelope Refuge.
    (7) Julia Butler Hansen Refuge for the Columbian White-Tailed Deer.
    (8) Klamath Marsh National Wildlife Refuge.
    (9) Lewis and Clark National Wildlife Refuge.

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    (10) Lower Klamath National Wildlife Refuge.
    (11) Malheur National Wildlife Refuge.
    (12) McKay Creek National Wildlife Refuge.
    (13) McNary National Wildlife Refuge.
    (14) Nestucca Bay National Wildlife Refuge.
    (15) Sheldon National Wildlife Refuge.
    (16) Siletz Bay National Wildlife Refuge.
    (17) Tualatin River National Wildlife Refuge.
    (18) Umatilla National Wildlife Refuge.
    (19) Upper Klamath National Wildlife Refuge.
    (20) Wapato Lake National Wildlife Refuge.
    (21) William L. Finley National Wildlife Refuge.
    (ll) Pennsylvania. (1) Cherry Valley National Wildlife Refuge.
    (2) Erie National Wildlife Refuge.
    (3) John Heinz National Wildlife Refuge at Tinicum.
    (4) Ohio River Islands National Wildlife Refuge.
    (mm) Rhode Island. (1) Block Island National Wildlife Refuge.
    (2) John H. Chafee National Wildlife Refuge.
    (3) Ninigret National Wildlife Refuge.
    (4) Sachuest Point National Wildlife Refuge.
    (5) Trustom Pond National Wildlife Refuge.
    (nn) South Carolina. (1) Cape Romain National Wildlife Refuge.
    (2) Carolina Sandhills National Wildlife Refuge.
    (3) Ernest F. Hollings ACE Basin National Wildlife Refuge.
    (4) Pinckney Island National Wildlife Refuge.
    (5) Santee National Wildlife Refuge.
    (6) Savannah National Wildlife Refuge.
    (7) Waccamaw National Wildlife Refuge.
    (oo) South Dakota. (1) Huron Wetland Management District.
    (2) Lacreek National Wildlife Refuge.
    (3) Lake Andes National Wildlife Refuge.
    (4) Lake Andes Wetland Management District.
    (5) Madison Wetland Management District.
    (6) Sand Lake National Wildlife Refuge.
    (7) Sand Lake Wetland Management District.
    (8) Waubay National Wildlife Refuge.
    (9) Waubay Wetland Management District.
    (pp) Tennessee. (1) Chickasaw National Wildlife Refuge.
    (2) Cross Creeks National Wildlife Refuge.
    (3) Hatchie National Wildlife Refuge.
    (4) Lake Isom National Wildlife Refuge.
    (5) Lower Hatchie National Wildlife Refuge.
    (6) Reelfoot National Wildlife Refuge.
    (7) Tennessee National Wildlife Refuge.
    (qq) Texas. (1) Anahuac National Wildlife Refuge.
    (2) Aransas National Wildlife Refuge.
    (3) Balcones Canyonlands National Wildlife Refuge.
    (4) Big Boggy National Wildlife Refuge.
    (5) Brazoria National Wildlife Refuge.
    (6) Buffalo Lake National Wildlife Refuge.
    (7) Caddo Lake National Wildlife Refuge.
    (8) Hagerman National Wildlife Refuge.
    (9) Laguna Atascosa National Wildlife Refuge.
    (10) Lower Rio Grande Valley National Wildlife Refuge.
    (11) McFaddin National Wildlife Refuge.
    (12) San Bernard National Wildlife Refuge.
    (13) Texas Point National Wildlife Refuge.
    (14) Trinity River National Wildlife Refuge.
    (rr) Utah. (1) Bear River Migratory Bird Refuge.
    (2) Fish Springs National Wildlife Refuge.
    (3) Ouray National Wildlife Refuge.
    (ss) Vermont. (1) Missisquoi National Wildlife Refuge.
    (2) Silvio O. Conte National Fish and Wildlife Refuge.
    (tt) Virginia. (1) Back Bay National Wildlife Refuge.
    (2) Chincoteague National Wildlife Refuge.

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    (3) Eastern Shore of Virginia National Wildlife Refuge.
    (4) Elizabeth Hartwell Mason Neck National Wildlife Refuge.
    (5) Great Dismal Swamp National Wildlife Refuge.
    (6) James River National Wildilfe Refuge.
    (7) Mackay Island National Wildlife Refuge.
    (8) Occoquan Bay National Wildlife Refuge.
    (9) Plum Tree Island National Wildlife Refuge.
    (10) Presquile National Wildlife Refuge.
    (11) Rappahannock River Valley National Wildlife Refuge.
    (12) Wallops Island National Wildlife Refuge.
    (uu) Washington. (1) Billy Frank Jr. Nisqually National Wildlife 
Refuge.
    (2) Columbia National Wildlife Refuge.
    (3) Conboy Lake National Wildlife Refuge.
    (4) Dungeness National Wildlife Refuge.
    (5) Hanford Reach National Monument/Saddle Mountain National 
Wildlife Refuge.
    (6) Julia Butler Hansen Refuge for the Columbian White-tailed Deer.
    (7) Little Pend Oreille National Wildlife Refuge.
    (8) McNary National Wildlife Refuge.
    (9) Ridgefield National Wildlife Refuge.
    (10) San Juan Islands National Wildlife Refuge.
    (11) Toppenish National Wildlife Refuge.
    (12) Turnbull National Wildlife Refuge.
    (13) Umatilla National Wildlife Refuge.
    (14) Willapa National Wildlife Refuge.
    (vv) West Virginia. (1) Canaan Valley National Wildlife Refuge.
    (2) Ohio River Islands National Wildlife Refuge.
    (ww) Wisconsin. (1) Fox River National Wildlife Refuge.
    (2) Green Bay National Wildlife Refuge.
    (3) Hackmatack National Wildlife Refuge.
    (4) Horicon National Wildlife Refuge.
    (5) Leopold Wetland Management District.
    (6) Necedah National Wildlife Refuge.
    (7) St. Croix Wetland Management District.
    (8) Trempealeau National Wildlife Refuge.
    (9) Upper Mississippi River National Wildlife and Fish Refuge.
    (10) Whittlesey Creek National Wildlife Refuge.
    (xx) Wyoming. (1) Bamforth National Wildlife Refuge.
    (2) Cokeville Meadows National Wildlife Refuge.
    (3) Hutton Lake National Wildlife Refuge.
    (4) National Elk Refuge.
    (5) Pathfinder National Wildlife Refuge.
    (6) Seedskadee National Wildlife Refuge.
    (yy) Guam. (1) Guam National Wildlife Refuge.
    (2) [Reserved]

[84 FR 47671, Sept. 10, 2019, as amended at 85 FR 54103, Aug. 31, 2020]



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.

[[Page 310]]

 
 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.
 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.
 2200  Oct. 7, 1936..  Montana.......  Red Rock Lakes    1 FR 1554.
                                        National
                                        Wildlife Refuge.
       Aug. 30, 1976.  .......do.....  Charles M.        41 FR 31539.
                                        Russell
                                        National
                                        Wildlife Refuge.
 2284  May 9, 1939...  North Carolina  Pea Island        3 FR 912.
                                        National
                                        Wildlife Refuge.
 2129  July 18, 1935.  .......do.....  Swanquarter       49 Stat. 3450.
                                        National
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Sept. 22, 1967  .......do.....  Pee Dee National  32 FR 13384. 33
                                        Wildlife Refuge.  FR 749, Jan.
                                                          20, 1968.
       Sept. 27, 1964  .......do.....  .......do.......  49 FR 38141.
 2000  June 6, 1932..  South Carolina  Cape Romanain     47 Stat. 2513.
                                        National
                                        Wildlife Refuge.
 2329  Apr. 10, 1939.  .......do.....  Savannah          3 CFR, Cum.
                                        National          Supp.; 4 FR
                                        Wildlife Refuge.  1595.
       Sept. 13, 1968  .......do.....  Cape Romain       33 FR 12964.
                                        National
                                        Wildlife Refuge.
       Oct. 8, 1963..  Tennessee.....  Cross Creeks      28 FR 10782.
                                        National
                                        Wildlife Refuge.
       Aug. 23, 1956.  Texas.........  Aransas National  21 FR 6513.
                                        Wildlife
                                        Regudge.
 2370  Oct. 16, 1939.  Virginia......  Back Bay          3 CFR, Cum.
                                        National          Supp. 4 FR
                                        Wildlife Refuge.  4285.
       Aug. 13, 1954.  .......do.....  Presquile         19 FR 5290.
                                        National
                                        Wildlife Refuge.
       Jan. 5, 1962..  .......do.....  Back Bay          27 FR 104; 27
                                        National          FR 858.
                                        Wildlife Refuge.
       Aug. 21, 1963.  .......do.....  Mackay Island     28 FR 9209.
                                        National
                                        Wildlife Refuge.
       Oct. 9, 1969..  .......do.....  Mason Neck        34 FR 15653.
                                        National
                                        Wildlife Refuge.
 2439  Nov. 7, 1940..  Washington....  Willapa National  3 CFR, Cum.
                                        Wildlife Refuge.  Supp.; 5 FR
                                                          4443.
------------------------------------------------------------------------


[58 FR 5064, Jan. 19, 1993, as amended at 58 FR 42880, Aug. 12, 1993; 74 
FR 45678, Sept. 3, 2009]



Sec.32.9  Information collection requirements.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget (OMB) under 44 
U.S.C. 3501 et seq. and assigned clearance number 1018-0140. The 
information is being collected to provide the refuge managers the 
information needed to decide whether or not to allow the requested use. 
A response is required in order to obtain a benefit. 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. 
Direct comments regarding the burden estimate or any other aspect of 
these information collection requirements to the Service's Information 
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).

[84 FR 47675, Sept. 10, 2019]



      Subpart B_Refuge-Specific Regulations for Hunting and Fishing

    Source: 84 FR 47675, Sept. 10, 2019, unless otherwise noted.



Sec.32.20  Alabama.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bon Secour National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following condition: We allow fishing only from 
legal sunrise to legal sunset.
    (b) Cahaba River National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, opossum, raccoon, coyote, and bobcat on

[[Page 311]]

designated areas of the refuge subject to the following conditions:
    (i) We require hunters to hunt as governed by Alabama Department of 
Conservation and Natural Resources' William R. Ireland, Sr.--Cahaba 
River Wildlife Management Area hunting permit conditions.
    (ii) We require hunters to possess and carry a current and signed 
Alabama Department of Conservation and Natural Resources' William R. 
Ireland, Sr.--Cahaba River Wildlife Management Area hunting permit when 
hunting on the refuge.
    (iii) Hunters may hunt with shotguns using only 4 shot or smaller, 
rifles and handguns using rim-fire ammunition only, or archery equipment 
that complies with State and Federal regulations.
    (iv) We allow the use of dogs when hunting upland game.
    (v) Hunters may only hunt during designated days and times.
    (vi) Hunters must remove tree stands, blinds, or other personal 
property from the refuge at the end of each day's hunt (see Sec.27.93 
of this chapter).
    (3) Big game hunting. We allow the hunting of white-tailed deer, 
feral hog, and wild turkey on designated areas of the refuge subject to 
the following conditions:
    (i) The conditions set forth at paragraphs (b)(2)(i), (ii), (v), and 
(vi) of this section apply.
    (ii) 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.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer. We also prohibit drives for feral hogs.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (c) Choctaw National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
coyote, beaver, and nutria on designated areas of the refuge subject to 
the following conditions:
    (i) We prohibit leaving unattended personal property, including, but 
not limited to, boats or vehicles of any type, geocaches, lumber, and 
cameras, overnight on the refuge (see Sec.27.93 of this chapter).
    (ii) You may only take incidental species (coyote, beaver, nutria, 
and feral hog) during any other refuge hunt with those weapons legal 
during those hunts as governed by the State of Alabama.
    (iii) You must possess and carry a signed refuge hunt permit (signed 
brochure) when hunting.
    (iv) All persons age 15 or younger, while hunting on the refuge, 
must be in the presence and under direct supervision of a licensed or 
exempt hunter age 21 or older. A licensed hunter supervising a youth 
must hold a valid State license for the species being hunted. One adult 
may supervise no more than two youth hunters.
    (v) We require all hunters to record hours hunted and all harvested 
game on the Visitor Check-In Permit and Report (FWS Form 3-2405) at the 
conclusion of each day at one of the refuge check stations.
    (vi) We allow the use of dogs when hunting squirrel and rabbit.
    (vii) Hunters may only hunt during designated days and times.
    (viii) For hunting, you may use only approved nontoxic shot (see 
Sec.32.2(k)), .22 caliber rimfire or smaller rifles, or legal archery 
equipment as governed by State regulations.
    (3) Big game hunting. We allow archery hunting of white-tailed deer 
and incidental take of feral hog subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(2)(ii), (iii), (iv), 
and (viii) of this section apply.
    (ii) Deer hunters may place one portable stand or blind on the 
refuge for use while deer hunting, but only during the open deer season. 
The stand must be clearly labeled with the hunter's State hunting 
license number. You may leave the stand or blind on the refuge overnight 
during the deer season in a non-hunting position at ground level.

[[Page 312]]

    (iii) While climbing a tree, installing a tree stand that uses 
climbing aids, or hunting from a tree stand on the refuge, hunters must 
use a fall-arrest system (full body harness) that is manufactured to the 
Tree Stand Manufacturers Association's standards.
    (4) Sport fishing. We allow fishing in designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing year-round, except in the waterfowl sanctuary 
area as depicted within the refuge brochure. The waterfowl sanctuary is 
closed to fishing from November 15 through March 1.
    (ii) The condition set forth at paragraph (c)(2)(iii) of this 
section applies.
    (iii) We allow a rod and reel and pole and line. We prohibit all 
other methods of fishing, including bow fishing.
    (iv) We prohibit the taking of frogs, turtles, and crawfish (see 
Sec.27.21 of this chapter).
    (v) We prohibit fishing tournaments on all refuge waters.
    (d) Eufaula National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning dove and Eurasian-collared dove, 
duck, and goose on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess and carry a signed refuge hunt permit (signed 
brochure) when hunting.
    (ii) All youth hunters (ages 10 through 15) must remain within sight 
and normal voice contact of a properly licensed hunting adult age 21 or 
older. 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.
    (iii) All waterfowl hunting opportunities are spaced-blind and 
assigned by lottery. Hunters wishing to participate in our waterfowl 
hunt must submit a Waterfowl Lottery Application (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System).
    (iv) Hunters must remove all stands/blinds and other personal 
property at the end of each day's hunt (see Sec.27.93 of this 
chapter).
    (v) We allow access to the refuge for hunting from 1\1/2\ hours 
before legal sunrise to 1\1/2\ hours after legal sunset.
    (vi) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (vii) We prohibit hunting or observing from an elevated stand 
without use of a full body harness.
    (2) Upland game hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (d)(1)(i) and (ii) and 
(v) through (vii) of this section apply.
    (ii) We allow only shotguns as the means of take for upland game 
hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (d)(1)(i) and (v) through 
(vii) of this section apply.
    (ii) We allow youth gun hunting opportunities that are spaced-blind 
and assigned by lottery. Hunters wishing to participate in our youth gun 
hunt must submit a Big/Upland Game Hunt Application (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System).
    (iii) All youth hunters must remain within sight and normal voice 
contact of a properly hunting-licensed adult age 21 or older. Youth 
hunters must possess and carry verification of passing a State-approved 
hunter education course. One adult may supervise no more than one youth 
hunter.
    (iv) All big game hunting opportunities, except for youth gun, are 
archery-only.
    (v) We close those portions of the refuge between Bustahatchee and 
Rood Creeks to archery hunting until November 1.
    (4) Sport fishing. We allow sport fishing, including bowfishing, in 
designated areas of the refuge subject to the following conditions:
    (i) We allow shoreline access for fishing from 1 hour before legal 
sunrise to 1 hour after legal sunset.

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    (ii) We prohibit taking frog or turtle on all refuge lands and 
waters (see Sec.27.21 of this chapter).
    (iii) We adopt reciprocal license agreements between Alabama and 
Georgia for fishing in Lake Eufaula. Anglers fishing in waters not 
directly connected to Lake Eufaula must be properly licensed for the 
State in which they are fishing.
    (e) Grand Bay National Wildlife Refuge. Refer to Sec.32.43(d) for 
regulations.
    (f) Key Cave National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning and white-winged dove, crow, 
woodcock, and snipe on designated areas of the refuge subject to the 
following conditions:
    (i) We require hunters to possess and carry a current and signed Key 
Cave National Wildlife Refuge permit, which is included with the Alabama 
Department of Conservation and Natural Resources' Seven Mile Island 
Wildlife Management Area hunting permit, when hunting on the refuge.
    (ii) We allow hunting on Monday, Tuesday, Friday, and Saturday.
    (iii) We allow the use of dogs when hunting migratory game birds and 
upland game.
    (2) Upland game hunting. We allow hunting of quail, Eurasian-
collared dove, squirrel, rabbit, raccoon, opossum, starling, coyote, 
bobcat, and fox on designated portions of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i) and (iii) of 
this section apply.
    (ii) We allow hunting on designated areas from legal sunrise to 
legal sunset on Monday, Tuesday, Friday, and Saturday, except that you 
may hunt opossum and raccoon after legal sunset.
    (iii) Hunters may hunt with shotguns using only 4 shot or smaller, 
rifles and handguns using rim-fire ammunition only, or archery equipment 
that complies with State regulations.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated portions of the refuge as governed by State 
regulations subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i) and (iii) of 
this section apply.
    (ii) We allow hunting on designated areas from legal sunrise to 
legal sunset on Monday, Tuesday, Friday, and Saturday.
    (iii) We prohibit the use of firearms for hunting deer on the 
refuge.
    (iv) We allow hunters to hunt from portable tree stands. While 
climbing a tree, installing a tree stand that uses climbing aids, or 
hunting from a tree stand on the refuge, hunters must use a fall-arrest 
system (full body harness) that is manufactured to the Tree Stand 
Manufacturers Association's standards.
    (v) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (vi) Hunters may hunt big game species other than deer with shotguns 
using only approved nontoxic 4 shot or smaller (see Sec.32.2(k)), 
rifles and handguns using rim-fire ammunition only, or archery equipment 
that complies with State regulations.
    (4) [Reserved]
    (g) Mountain Longleaf National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of woodcock on designated areas of the 
refuge subject to the following conditions:
    (i) We require hunters to hunt as governed by Alabama Department of 
Conservation and Natural Resources' Choccolocco Wildlife Management Area 
hunting permit conditions.
    (ii) We require hunters to possess and carry a current and signed 
Alabama Department of Conservation and Natural Resources' Choccolocco 
Wildlife Management Area hunting permit when hunting on the refuge.
    (iii) Hunters may only hunt during designated days and times.
    (iv) Hunters must remove tree stands, blinds, or other personal 
property from the refuge at the end of each day's hunt (see Sec.27.93 
of this chapter).
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, groundhog, raccoon, opossum, beaver, and fox on designated areas 
of the refuge subject to the following conditions:

[[Page 314]]

    (i) The conditions set forth at paragraphs (g)(1)(i) through (iv) of 
this section apply.
    (ii) We prohibit hunting after legal sunset.
    (iii) Hunters must use a body safety harness at all times while 
hunting from a tree.
    (iv) We allow the use of dogs when hunting quail, squirrel, and 
rabbit only.
    (3) Big game hunting. We allow hunting of white-tailed deer, bobcat, 
coyote, feral hog, and turkey on designated areas of the refuge subject 
to the following condition: The conditions set forth at paragraphs 
(g)(1)(i) through (iv) and (g)(2)(iii) of this section apply.
    (4) [Reserved]
    (h) Sauta Cave National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, raccoon, and opossum on designated areas of the refuge subject 
to the following conditions:
    (i) We require hunters to hunt as governed by Alabama Department of 
Conservation and Natural Resources' North Sauty refuge hunting permit.
    (ii) We require hunters to possess and carry a current and signed 
Sauta Cave National Wildlife Refuge permit, which is found on the 
Alabama Department of Conservation and Natural Resources' Jackson County 
Waterfowl, Management Areas, refuges and Coon Gulf Tract hunting permit, 
when hunting.
    (iii) Hunters may only hunt during designated days and times.
    (iv) Hunters may hunt with shotguns using only 4 shot or smaller, 
rifles and handguns using rim-fire ammunition only, or archery equipment 
that complies with State regulations.
    (v) We allow the use of dogs when hunting upland game.
    (3)-(4) [Reserved]
    (i) Wheeler National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, raccoon, and opossum on designated areas of the refuge subject 
to the following conditions:
    (i) We require hunters to possess and carry a current and signed 
hunting permit, found on the Wheeler National Wildlife Refuge hunting 
brochure, when hunting on the refuge.
    (ii) Hunters may hunt with shotguns using only 4 shot or smaller, 
rifles and handguns using rim-fire ammunition only, or archery equipment 
that complies with State regulations.
    (iii) We allow hunting on designated areas Monday through Saturday. 
We prohibit hunting on Sunday.
    (iv) We allow the use of dogs when hunting upland game.
    (v) Hunters must use a body safety harness at all times while 
hunting from a tree.
    (vi) Hunters must remove tree stands, blinds, or other personal 
property from the refuge at the end of each day's hunt (see Sec.27.93 
of this chapter).
    (vii) Hunters may only hunt during designated days and times.
    (3) Big game hunting. We allow the hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (i)(2)(i) and (iii) and 
(v) through (vii) of this section apply.
    (ii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (iii) Hunters may only hunt with archery equipment that complies 
with State regulations and flintlocks .40 caliber or larger.
    (iv) You may only hunt feral hog during the refuge archery and 
flintlock deer season.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following condition: We open all refuge waters to 
fishing year-round unless otherwise posted.



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, 
16 U.S.C. 3101 et seq.). The regulations set forth at 50 CFR part 36 
concern National Wildlife Refuges in Alaska. Information regarding 
specific refuge

[[Page 315]]

rules can be obtained from the Regional Office of the U.S. Fish and 
Wildlife Service, Anchorage, AK (see 50 CFR 2.2), or by contacting the 
manager of the respective individual refuge.



Sec.32.22  Arizona.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bill Williams River National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of mourning and white-winged dove on 
designated areas of the refuge subject to the following conditions:
    (i) We allow shotguns, muzzleloaders, pistols, pneumatic guns, and 
archery equipment for hunting.
    (ii) We prohibit hunting within 50 yards (45 meters) of any 
building, road, or levee open to public use.
    (iii) You must remove boats, equipment, cameras, temporary blinds, 
stands, etc., at the end of each day's activities (see Sec.27.93 of 
this chapter).
    (2) Upland game hunting. We allow hunting of Gambel's quail and 
cottontail rabbit on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (iii) of 
this section apply.
    (ii) We allow hunting of cottontail rabbit from September 1 to the 
close of the State season.
    (3) Big game hunting. We allow hunting of desert bighorn sheep on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (iii) of 
this section apply.
    (ii) We allow the possession of rifles for desert bighorn sheep 
hunting.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following condition: The condition set forth at 
paragraph (a)(1)(iii) of this section applies.
    (b) Buenos Aires National Wildlife Refuge--(1) Migratory game bird 
hunting.We allow hunting of goose, duck, coot, merganser, moorhen 
(gallinule), common snipe, and mourning, white-winged, and Eurasian 
collared-dove on designated areas of the refuge subject to the following 
conditions:
    (i) We allow portable or temporary blinds and stands, but you must 
remove them at the end of each day's hunt (see Sec.27.93 of this 
chapter).
    (ii) We prohibit falconry.
    (iii) We allow dogs only for the retrieval of birds.
    (2) Upland game hunting. We allow hunting of black-tailed and 
antelope jackrabbit; cottontail rabbit; badger; bobcat; coati; kit and 
gray fox; raccoon; ringtail; coyote; and hog-nosed, hooded, spotted, and 
striped skunk on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
of this section apply.
    (ii) We prohibit night hunting from \1/2\ hour after legal sunset 
until \1/2\ hour before legal sunrise the following day.
    (3) Big game hunting. We allow hunting of mule and white-tailed 
deer, javelina, mountain lion, and feral hog on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) and (b)(2)(ii) 
of this section apply.
    (ii) We prohibit the use of dogs when hunting big game.
    (4) [Reserved]
    (c) Cabeza Prieta National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning dove on designated areas of the 
refuge subject to the following conditions:
    (i) We require hunters to obtain a Barry M. Goldwater Range Entry 
Permit (Department of Defense form/requirement) from the refuge.
    (ii) We prohibit falconry.
    (iii) We allow dogs only for the pointing and retrieval of birds.
    (iv) We allow hunting only during the late season dove hunt.
    (2) Upland game hunting. We allow hunting of Gambel's quail, 
Eurasian collared-dove, desert cottontail rabbit, antelope and black-
tailed jackrabbit, coyote, bobcat, and fox in designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) through (iii) 
of this section apply.

[[Page 316]]

    (ii) We do not allow wheeled carts in designated Wilderness.
    (iii) We prohibit night hunting from \1/2\ hour after legal sunset 
until \1/2\ hour before legal sunrise the following day.
    (3) Big game hunting. We allow hunting of desert bighorn sheep, mule 
deer, and mountain lion on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (c)(2)(ii) 
of this section apply.
    (ii) We require Special Use Permits for all hunters (FWS Form 3-
1383-G), guides (FWS Form 3-1383-C), and stock animals (FWS Form 3-1383-
G).
    (iii) We prohibit the use of dogs when hunting big game.
    (4) [Reserved]
    (d) Cibola National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen (gallinule), 
common snipe, mourning and white-winged dove, and Eurasian collared-dove 
on designated areas of the refuge subject to the following conditions:
    (i) We allow only shotgun and archery.
    (ii) Hunters may only hunt during designated days and times.
    (iii) You must remove all temporary blinds, boats, and decoys from 
the refuge following each day's hunt (see Sec.27.93 of this chapter).
    (iv) The Hart Mine Marsh area is open to entry from 10 a.m. to 3 
p.m. from October 1 through March 14.
    (2) Upland game hunting. We allow hunting of Gambel's quail and 
cottontail rabbit on designated areas of the refuge subject to the 
following conditions:
    (i) For cottontail rabbit, we allow only shotgun, archery, handgun, 
rifle, and muzzleloader.
    (ii) For quail, we allow only shotgun, archery, and handgun shooting 
shot.
    (iii) You may hunt cottontail rabbit from September 1 through the 
last day of the respective State's quail season.
    (3) Big game hunting. We allow hunting of mule deer on designated 
areas of the refuge subject to the following condition: We allow rifle, 
shotgun, handgun, muzzleloader, and archery, except for archery-only 
hunts.
    (4) 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 September 30.
    (e) Havasu National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning and white-winged dove, duck, coot, 
moorhen (gallinule), goose, and common snipe on designated areas of the 
refuge subject to the following conditions:
    (i) We allow shotguns, muzzleloaders, pistols, pneumatic guns, and 
archery equipment for hunting.
    (ii) You must remove all boats, equipment, cameras, temporary 
blinds, stands, etc., at the end of each day's activities (see Sec.
27.93 of this chapter).
    (iii) We allow the use of dogs when hunting.
    (iv) The following conditions apply to Pintail Slough (all refuge 
lands north of North Dike):
    (A) We prohibit falconry.
    (B) We limit the number of persons at each waterfowl hunt blind or 
field to four. Observers cannot hold shells or guns for hunting unless 
in possession of a valid State hunting license and stamps.
    (C) Waterfowl hunters must possess at least four decoys per 
designated blind or field.
    (D) You may use dead vegetation or materials for making or fixing 
hunt blinds.
    (E) We allow waterfowl hunting on Wednesdays, Saturdays, and 
Sundays. Waterfowl hunting ends at 2 p.m. MST (Mountain Standard Time). 
Hunters must be out of the Pintail Slough area by 3 p.m. MST.
    (2) Upland game hunting. We allow hunting of Gambel's quail and 
cottontail rabbit on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i) through (iii) 
of this section apply.
    (ii) We allow hunting of Gambel's quail and cottontail rabbit in 
Pintail Slough prior to and following the State waterfowl season.
    (iii) We allow the incidental take of quail and cottontail rabbit in 
Pintail

[[Page 317]]

Slough during the State waterfowl season by hunters possessing a valid 
permit at their designated waterfowl hunt blind or field.
    (3) Big game hunting. We allow hunting of desert bighorn sheep on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i) through (iii) 
of this section apply.
    (ii) We allow the possession of rifles for desert bighorn sheep 
hunting.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (e)(1)(ii) of this section 
applies.
    (ii) We prohibit overnight boat mooring and shore anchoring unless 
actively fishing as governed by State regulations (see Sec.27.93 of 
this chapter).
    (f) Imperial National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning and white-winged dove, duck, coot, 
moorhen (gallinule), goose, and common snipe on designated areas of the 
refuge subject to the following conditions:
    (i) We allow shotgun, archery, and crossbow.
    (ii) You must remove temporary blinds, boats, and decoys from the 
refuge following each day's hunt (see Sec.27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of Gambel's quail, 
cottontail rabbit, coyote, and gray fox on designated areas of the 
refuge subject to the following conditions:
    (i) For hunting quail, we allow shotgun, handgun shooting shot, 
archery, and crossbow.
    (ii) For hunting cottontail rabbit, coyote, and fox, we allow 
shotgun, rifle, handgun, muzzleloader, archery, and crossbow.
    (iii) We allow cottontail rabbit hunting from September 1 to the 
close of the State quail season.
    (iv) We allow coyote and fox hunting only during the State quail 
season.
    (3) Big game hunting. We allow hunting of mule deer and desert 
bighorn sheep on designated areas of the refuge.
    (4) 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.
    (g) Kofa National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of Gambel's quail, 
cottontail rabbit, coyote, and gray fox on designated areas of the 
refuge subject to the following conditions:
    (i) We allow hunting of coyote, fox, and cottontail rabbit during 
the State quail season only.
    (ii) For hunting quail, we allow shotgun, archery, crossbow, and 
handgun shooting shot.
    (iii) For hunting cottontail rabbit, coyote, and fox, we allow 
shotgun, rifle, muzzleloader, handgun, archery, and crossbow.
    (3) Big game hunting. We allow hunting of mule deer and desert 
bighorn sheep on designated areas of the refuge.
    (4) [Reserved]
    (h) Leslie Canyon National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning, white-winged, and Eurasian 
collared-dove on designated areas of the refuge subject to the following 
conditions:
    (i) We prohibit falconry.
    (ii) We prohibit the use of dogs.
    (iii) We prohibit pneumatic weapons.
    (2) Upland game hunting. We allow hunting of Gambel's and scaled 
quail; cottontail; black-tailed jackrabbit; gray fox; coati; badger; 
striped, hooded, spotted, and hog-nosed skunk; bobcat; raccoon; ring-
tailed cat; and coyote on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i) through (iii) 
of this section apply.
    (ii) We prohibit night hunting.
    (iii) We will allow hunting of these upland game species only when 
the State season dates overlap with a general or archery State deer and/
or javelina hunt season.
    (3) Big game hunting. We allow hunting of mule deer, white-tailed 
deer, javelina, and black bear on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (h)(2)(i) and (ii) of 
this section apply.

[[Page 318]]

    (ii) We will allow hunting of black bear only when the State season 
dates overlap with a general or archery State deer and/or javelina hunt 
season.
    (4) [Reserved]
    (i) San Bernardino National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning and white-winged dove on 
designated areas of the refuge subject to the following condition: We 
allow the use of dogs while hunting.
    (2) Upland game hunting. We allow hunting of Gambel's, scaled, and 
Mearns' quail and cottontail rabbit on designated areas of the refuge 
subject to the following conditions:
    (i) We allow only shotgun.
    (ii) We allow the use of dogs while quail hunting.
    (iii) Cottontail rabbit season opens on September 1 and closes on 
the last day of the State quail season.
    (3)-(4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54104, Aug. 31, 2020]



Sec.32.23  Arkansas.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bald Knob National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, snipe, woodcock, and 
dove on designated areas of the refuge subject to the following 
conditions:
    (i) We require refuge hunting permits (signed brochure). The permits 
are nontransferable, and anyone on refuge land in possession of hunting 
equipment must possess a signed permit at all times.
    (ii) We prohibit migratory game bird hunting on the refuge during 
the quota gun deer hunt.
    (iii) With the exception of hunting for woodcock, we prohibit 
migratory game bird hunting after 12 p.m. (noon) during the regular 
State waterfowl hunting season.
    (iv) You may not possess more than 25 shotgun shells while in the 
field. The field possession limit for shells does not apply to goose 
hunting during the State Conservation Order.
    (v) We prohibit hunting closer than 100 yards (90 meters) to another 
hunter or hunting party.
    (vi) You must remove decoys, blinds, boats, and all other equipment 
by 1 p.m. (see Sec.27.93 of this chapter).
    (vii) Hunters may enter the refuge beginning at 4 a.m. and must exit 
by 1 hour after legal shooting time ends.
    (viii) Boats displaying valid registration may be left on the refuge 
from March 1 through October 31. We prohibit the use of boats from 12 
a.m. (midnight) to 4 a.m. during duck season.
    (ix) We allow the use of dogs when migratory game bird hunting.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, raccoon, opossum, beaver, muskrat, nutria, armadillo, and coyote 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i), (vii), and 
(viii) of this section apply.
    (ii) Hunters may use shotguns and rifles chambered for rimfire 
cartridges.
    (iii) We allow squirrel hunting September 1 through February 28, 
except for season closure of the refuge during the quota gun deer hunt.
    (iv) We allow rabbit and quail hunting as governed by the State 
season, except for season closure of the refuge during the quota gun 
deer hunt.
    (v) We allow the use of dogs when hunting upland game. We require 
the use of dogs when hunting raccoon and opossum at night, 30 minutes 
after legal sunset to 30 minutes before legal sunrise.
    (vi) Hunters may take beaver, muskrat, nutria, armadillo, and coyote 
during any refuge hunt with those weapons legal during those hunts, 
subject to applicable State seasons and regulations.
    (vii) We limit hunting after legal sunset to raccoon/opossum 
hunting.
    (3) Big game hunting. We allow hunting of deer, feral hog, and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i), (vii), and 
(viii) of this section apply.

[[Page 319]]

    (ii) We allow archery/crossbow deer hunting as governed by the State 
season, except for season closure of the refuge during the quota gun 
deer hunt.
    (iii) Muzzleloader hunting season for deer will begin in October 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.
    (iv) The modern gun hunting season for deer 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 in the hunt brochure/permit.
    (v) We prohibit spring and fall gun hunting for turkey.
    (vi) You may use only shotguns with rifled slugs, muzzleloaders, and 
legal pistols for modern gun deer hunting on the Farm Unit.
    (vii) We allow only portable deer stands. You may erect stands 7 
days prior to the refuge deer season and must remove them from the 
waterfowl sanctuaries prior to November 15, except for stands used by 
quota gun deer hunt permit holders (fee/signature required), which you 
must remove by the last day of the quota gun deer hunt. You must remove 
all stands on the remainder of the refuge within 7 days of the closure 
of archery season (see Sec.27.93 of this chapter). We prohibit leaving 
any tree stand, ground blind, or game camera on the refuge without the 
owner's Arkansas Game and Fish customer identification number clearly 
written on it in a conspicuous location.
    (viii) We prohibit the possession or use of buckshot for hunting on 
all refuge lands.
    (ix) We prohibit hunting from mowed and/or graveled road rights-of-
way.
    (x) We allow only quota gun deer hunt permit holders on the refuge 
during the quota gun deer hunt and only for the purposes of deer 
hunting. We close the refuge to all other entry and public use during 
the quota gun deer hunt.
    (xi) We close waterfowl sanctuaries to all entry and hunting from 
November 15 to February 28, except for quota gun deer hunt permit 
holders who may hunt in the sanctuary when the season overlaps with 
these dates.
    (xii) Hunters may enter the refuge at 4 a.m. and remain until 1 hour 
after legal shooting time.
    (xiii) You may take feral hog only during the refuge quota gun and 
muzzleloader deer hunts and as governed by State Wildlife Management 
Area (WMA) regulations.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (a)(1)(viii) of this 
section applies.
    (ii) Anglers may enter the refuge beginning \1/2\ hour before legal 
sunrise and must exit by 1 hour after legal sunset.
    (iii) We prohibit the take or possession of turtles and/or mollusks 
(see Sec.27.21 of this chapter).
    (b) Big Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, nutria, coyote, beaver, and opossum on designated areas of the 
refuge subject to the following conditions:
    (i) We require refuge hunt permits. The permits (found on the front 
cover of the annual hunt brochure/permit--signature required) are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign and carry the permit at all times.
    (ii) Hunters may only hunt during designated days and times.
    (iii) We allow take of nutria, beaver, and coyote during any refuge 
hunt with the device allowed for that hunt subject to applicable State 
seasons and regulations.
    (iv) You may take opossum when hunting raccoon.
    (v) We require dogs for hunting of raccoon and opossum after legal 
sunset.
    (vi) When hunting, you may only use shotguns and rifles chambered 
for rimfire cartridges.
    (vii) We prohibit hunting from mowed and/or gravel road rights-of-
way.
    (viii) We limit nighttime use, 30 minutes after legal sunset to 30 
minutes before legal sunrise, to fishing, frogging, and/or raccoon/
opossum hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated

[[Page 320]]

areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(2)(i), (iii), and 
(vii) of this section apply.
    (ii) Hunters may only hunt during designated days and times.
    (iii) Hunters may use only bows or crossbows.
    (iv) Hunters may use only biodegradable materials to mark trails.
    (v) We allow only portable deer stands. You may erect stands 7 days 
prior to the refuge deer season and must remove them 7 days after the 
closure of archery season (see Sec.27.93 of this chapter). We prohibit 
leaving any tree stand, ground blind, or game camera on the refuge 
without the owner's Arkansas Game and Fish customer identification 
number clearly written on it in a conspicuous location.
    (vi) Hunters may enter the refuge no earlier than 4 a.m. and must 
leave 1 hour after legal sunset.
    (4) Sport fishing. We allow fishing and frogging on designated areas 
of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (b)(2)(viii) of this 
section applies.
    (ii) Anglers may launch boats only in designated areas.
    (iii) We allow frogging from the beginning of the State frogging 
season through October 31.
    (iv) We prohibit the take or possession of turtles and/or mollusks 
(see Sec.27.21 of this chapter).
    (c) Cache River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, snipe, woodcock, and 
dove on designated areas of the refuge subject to the following 
conditions:
    (i) We require refuge hunting permits. These permits (found on the 
front cover of the annual hunt brochure/permit--signature required) are 
nontransferable, and anyone on the refuge in possession of hunting 
equipment must sign and carry the permit at all times.
    (ii) With the exception of hunting for woodcock, we prohibit 
migratory game bird hunting after 12 p.m. (noon) during the regular 
State waterfowl hunting season.
    (iii) You must remove decoys, blinds, boats, and all other equipment 
by 1 p.m. each day (see Sec.27.93 of this chapter).
    (iv) Waterfowl hunters may enter the refuge at 4 a.m. and hunt until 
12 p.m. (noon).
    (v) Boats displaying valid registration may be left on the refuge 
from March 1 through October 31. We prohibit boats on the refuge from 12 
a.m. (midnight) to 4 a.m. during duck season.
    (vi) We allow the use of dogs when migratory game bird hunting.
    (vii) We allow waterfowl hunting on flooded refuge roads.
    (viii) We close all other hunts during the quota gun deer hunt.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, raccoon, opossum, beaver, muskrat, nutria, armadillo, and coyote 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i), (v), and 
(viii) of this section apply.
    (ii) We allow squirrel hunting September 1 through February 28, 
except for refuge-wide season closure during the quota gun deer hunt.
    (iii) We allow rabbit and quail hunting as governed by the State 
season, except for season closure of the refuge during the quota gun 
deer hunt.
    (iv) We allow the use of dogs when hunting upland game. We require 
the use of dogs when hunting raccoon and opossum at night, 30 minutes 
after legal sunset to 30 minutes before legal sunrise.
    (v) You may take beaver, muskrat, nutria, armadillo, and coyote 
during any refuge hunt with those weapons legal during those hunts 
subject to applicable State seasons and regulations.
    (vi) We prohibit hunting from mowed and/or graveled refuge roads 
except by waterfowl hunters during flooded conditions.
    (vii) You may use only shotguns and rifles chambered for rimfire 
cartridges when hunting.
    (viii) We limit nighttime use, 30 minutes after legal sunset to 30 
minutes before legal sunrise, to fishing, frogging, and/or raccoon/
opossum hunting.
    (3) Big game hunting. We allow hunting of deer, feral hog, and 
turkey on

[[Page 321]]

designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (viii) and 
(c)(2)(v) and (vi) of this section apply.
    (ii) We allow archery/crossbow deer hunting as governed by the State 
season, except for season closure of the refuge during the quota gun 
deer hunt.
    (iii) Muzzleloader hunting season for deer will begin in October and 
will continue for a period of up to 9 days, with annual season dates and 
bag limits provided on the hunt brochure/permit.
    (iv) Modern gun deer hunting will begin in November and continue for 
a period of up to 11 days, with annual season dates and bag limits 
provided in the refuge hunt brochure/permit.
    (v) Hunters may take feral hog only during the quota gun and 
muzzleloader deer hunts and as governed by State Wildlife Management 
Area (WMA) regulations
    (vi) Hunters may only use shotguns with rifled slugs, muzzleloaders, 
or legal pistols for modern gun deer hunting on the Dixie Farm Unit 
Waterfowl Sanctuary, adjacent waterfowl hunt area, and Plunkett Farm 
Unit Waterfowl Sanctuary.
    (vii) We allow only portable stands. Hunters may erect stands 7 days 
prior to the refuge deer season and must remove them from the waterfowl 
sanctuaries prior to November 15, and from the rest of the refuge within 
7 days of the closure of archery season (see Sec.27.93 of this 
chapter). We prohibit leaving any tree stand, ground blind, or game 
camera on the refuge without the owner's Arkansas Game and Fish customer 
identification number clearly written on it in a conspicuous location.
    (viii) We prohibit the possession or use of buckshot for hunting on 
all refuge lands.
    (ix) We prohibit hunting from mowed and/or graveled road rights-of-
way.
    (4) Sport fishing. We allow fishing and frogging on designated areas 
of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(v) and 
(c)(2)(viii) of this section apply.
    (ii) We close waterfowl sanctuaries to all entry and fishing/
frogging from November 15 to February 28. We prohibit refuge-wide entry 
and fishing during the quota gun deer hunt.
    (iii) We prohibit the take or possession of turtles and/or mollusks 
(see Sec.27.21 of this chapter).
    (d) Dale Bumpers White River National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of waterfowl (ducks, mergansers, and 
coots) on designated areas of the refuge subject to the following 
conditions:
    (i) We require an annual public use permit (signed brochure) to hunt 
and fish.
    (ii) We allow waterfowl hunting from legal shooting hours until 12 
p.m. (noon).
    (iii) We allow the use of dogs when migratory game bird hunting.
    (iv) You must remove blinds, blind material, and decoys from the 
refuge by 1 p.m. each day (see Sec.27.93 of this chapter).
    (v) Waterfowl hunters may enter the North Unit, Jack's Bay Hunt 
Area, and Levee Hunt Area no earlier than 4 a.m.
    (vi) We prohibit boating from November 1 through January 31 in the 
South Unit Waterfowl Hunt Areas, except from 4 a.m. to 1 p.m. on 
designated waterfowl hunt days.
    (vii) We allow waterfowl hunting on outlying tracts; paragraph 
(d)(1)(v) of this section applies.
    (viii) We only allow all-terrain vehicles (ATVs) for wildlife-
dependent hunting and fishing activities. We prohibit the use of ATVs 
after December 15 each year in designated South Unit areas as shown in 
refuge user brochure.
    (ix) We prohibit the use of decoys that contain moving parts or 
electrical components, except that you may use manually operated jerk 
strings to simulate decoy movement.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, and 
all furbearers (as governed by State law) on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
    (ii) We allow hunting of rabbit and squirrel on the North Unit from 
September 1 through January 31.
    (iii) We allow the use of dogs when hunting rabbit and squirrel from 
December 1 through January 31 on the North Unit only.

[[Page 322]]

    (iv) We allow rabbit and squirrel hunting on the South Unit from 
September 1 through November 30.
    (v) We allow furbearer (as governed by State law) hunting. The 
annual public use permit (signed brochure) provides season dates and 
methods.
    (vi) We allow the use of dogs for hunting furbearers from legal 
sunset to legal sunrise. Hunters must tether or pen all dogs used for 
furbearer hunting from legal sunrise to legal sunset and any time they 
are not involved in actual hunting.
    (3) Big game hunting. We allow the hunting of white-tailed deer, 
feral hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
    (ii) Archery deer seasons on the North Unit are from October 1 
through January 31 except during quota muzzleloader and quota gun deer 
hunts, when the archery season is closed.
    (iii) Archery deer seasons on the South Unit are from October 1 
through December 31 except during quota muzzleloader and quota gun deer 
hunts, when the archery season is closed.
    (iv) Muzzleloader season for deer will begin in October and will 
continue for a period of up to 3 days of quota hunting in the North and 
South Units, and no more than 4 days of non-quota hunting in the North 
Unit.
    (v) The gun deer hunt will begin in November and will continue for a 
period of no more than 3 days of quota hunting in the North and South 
Units, and no more than 2 days of non-quota hunting in the North Unit.
    (vi) We restrict hunt participants for quota hunts to those drawn 
for a quota permit (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System). The permits are nontransferable and nonrefundable.
    (vii) We close the refuge to all non-quota hunting during refuge-
wide quota muzzleloader and quota gun deer hunts.
    (viii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (ix) We prohibit firearm deer hunting from or across roads, ATV 
trails, levees, and maintained utility rights-of-way.
    (x) You may only use portable deer stands. You may erect stands up 
to 7 days before each hunt, but you must remove them within 7 days after 
each hunt (see Sec.27.93 of this chapter). All unattended deer stands 
on the refuge must have the owner's hunting license number clearly 
displayed.
    (xi) We close the Kansas Lake Area to all entry on December 1 and 
reopen it on March 1.
    (xii) We prohibit the possession of buckshot on the refuge.
    (xiii) We prohibit the possession and/or use of toxic shot by 
hunters using shotguns (see Sec.32.2(k)) when hunting deer or turkey.
    (xiv) Hunters who are hunting deer during a firearm season may kill 
feral hogs with weapons legal for those seasons. Feral hogs may be taken 
incidentally with archery equipment from November 1 through December 31.
    (4) Sport fishing. We allow sport fishing, frogging, and crawfishing 
on designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
    (ii) 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; borrow ditches located adjacent to the west 
bank of that portion of the White River Levee north of the Graham Burke 
pumping station; and all waters in the refuge-owned North Unit and 
scattered tracts. We open all other South Unit refuge waters to sport 
fishing from March 1 through November 30 unless posted otherwise.
    (iii) 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.
    (iv) We prohibit all commercial and recreational harvest of turtle 
on all

[[Page 323]]

property administered by Dale Bumpers White River National Wildlife 
Refuge.
    (v) We prohibit take or possession of any freshwater mussel, and we 
do not open to mussel shelling.
    (e) Felsenthal National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) We allow hunting of duck, goose, and coot during the State 
waterfowl season except during scheduled refuge quota gun deer hunts.
    (ii) Hunting of duck, goose, and coot ends at 12 p.m. (noon) each 
day.
    (iii) We allow only portable blinds. You must remove all duck 
hunting equipment (portable blinds, boats, guns, and decoys) from the 
hunt area by 1:30 p.m. each day (see Sec.27.93 of this chapter).
    (iv) We close areas of the refuge posted with ``Area Closed'' signs 
and identify them on the refuge hunt brochure map as a waterfowl 
sanctuary. We close waterfowl sanctuaries to all public entry and public 
use during the waterfowl hunting season.
    (v) Hunters must possess and carry a signed refuge public use 
regulations brochure/access permit (signed brochure) while hunting.
    (vi) All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older, who possesses a 
valid state hunting license. One adult may supervise no more than two 
youth hunters.
    (vii) We allow only all-terrain vehicles/utility-type vehicles 
(ATVs/UTVs) for hunting and fishing activities.
    (viii) You may use horses and mules on roads and ATV/UTV trails 
(when open to motor vehicle and ATV/UTV traffic, respectively) as a mode 
of transportation for hunting and fishing activities on the refuge 
except during the quota deer hunts.
    (ix) We prohibit hunting within 150 feet (45 meters) of roads and 
trails open to motor vehicle use (including ATV/UTV trails).
    (x) You may take beaver, nutria, and coyote during any daytime 
refuge hunt with weapons and ammunition allowed for that hunt. There is 
no bag limit.
    (xi) We allow the use of dogs when hunting.
    (xii) We prohibit leaving any boat on the refuge. You must remove 
boat(s) at the end of each day's hunt.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, and furbearers (as governed by State law) on designated areas of 
the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(iv) through (ix) 
and (xi) of this section apply.
    (ii) We allow hunting for quail, squirrel, rabbit, and furbearers 
(as governed by State law) on the refuge during State seasons through 
January 31. We close upland game hunting during refuge quota gun deer 
hunts.
    (iii) We do not open for spring squirrel hunting season, or summer/
early fall raccoon hunting season.
    (iv) We allow the use of dogs for squirrel and rabbit hunting from 
December 1 through January 31 and for quail and raccoon/opossum hunting 
during the open season on the refuge for these species.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(v) through (ix) of 
this section apply.
    (ii) We allow archery deer hunting on the refuge from the opening of 
the State season through January 31.
    (iii) We close archery deer hunting during the quota gun deer hunts.
    (iv) We allow muzzleloader deer hunting during the October State 
muzzleloader season for this deer management zone. The refuge will 
conduct one 4-day quota modern gun hunt for deer, typically in November. 
The refuge also may conduct one mobility-impaired hunt for deer 
typically in early November.
    (v) Total deer harvested refuge-wide is two deer (two does, or one 
buck and one doe, as governed by State law) regardless of method.
    (vi) During the deer and turkey hunts, hunters may possess lead 
ammunition legal for taking deer and turkey. We prohibit buckshot for 
gun deer hunting.

[[Page 324]]

    (vii) You may only use portable deer stands erected no earlier than 
the opening day of archery season, and you must remove them no later 
than January 31 each year (see Sec.27.93 of this chapter).
    (viii) We prohibit the use of deer decoy(s).
    (ix) We open spring archery turkey hunting during the State spring 
turkey season. We do not open for fall archery turkey season.
    (x) We close spring archery turkey hunting during scheduled turkey 
quota gun hunts.
    (xi) We restrict quota hunt participants to those selected for a 
quota permit (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System), except that one nonhunting adult age 21 or older 
possessing a valid hunting license must accompany the youth hunter age 
15 and younger.
    (xii) An adult age 21 or older possessing a valid hunting license 
must accompany and be within sight and normal voice contact of hunters 
age 15 and younger. One adult may supervise no more than one youth 
hunter.
    (xiii) We authorize the use of tree stands, ground blinds, and game 
cameras on the refuge if the owner's State hunting license number is 
clearly written on them in a conspicuous location. You must remove game 
cameras from the refuge at the end of each day's hunt.
    (xiv) We restrict hunt participants for quota hunts to those drawn 
for a quota permit (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System). These permits are nontransferable, and the permit fees 
are nonrefundable.
    (xv) The incidental taking of feral hogs will be governed by 
Arkansas Game and Fish Commission regulations concerning the taking of 
feral hogs on State Wildlife Management Areas (WMAs). Subject to State 
regulations, we allow incidental take of feral hogs on State WMAs during 
daytime refuge hunts (without the use of dogs) with legal hunting 
equipment and ammunition allowed for that hunt. There is no bag limit. 
We prohibit transport or possession of live hogs.
    (4) Sport fishing. We allow sport fishing, frogging, and crawfishing 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(v), (vi), and 
(xii) of this section apply.
    (ii) We prohibit fishing in the waterfowl sanctuary area when the 
sanctuary is closed, with the exception of the main channel of the 
Ouachita and Saline Rivers and the borrow pits along Highway 82. We post 
the waterfowl sanctuary area with ``Area Closed'' signs and identify 
those areas in refuge hunt brochures.
    (iii) We allow fishing only in areas accessible from the Ouachita 
and Saline Rivers and from Eagle, Jones, and Pereogeethe Lakes during 
the refuge quota gun deer hunts.
    (iv) You must reset trotlines when receding water levels expose 
them.
    (f) Holla Bend National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, beaver, armadillo, coyote, and bobcat on designated 
areas of the refuge subject to the following conditions:
    (i) We require refuge hunting permits (found on the front cover of 
the annual hunt brochure/permit--signature required). The permits are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign and carry a permit at all times. Your hunt permit 
will also act as your entrance pass to the refuge.
    (ii) During the refuge archery season, you may take only squirrel, 
rabbit, raccoon, opossum, beaver, armadillo, coyote, or bobcat.
    (iii) We allow the use of dogs when gun hunting raccoon and opossum 
every Friday, Saturday, and Sunday until legal sunrise during the month 
of February.
    (iv) We only allow all-terrain vehicles (ATVs) for hunters and 
anglers with disabilities. We require a refuge ATV permit (Special Use 
Permit; FWS Form 3-1383-G) issued by the refuge manager.
    (v) We allow the use of nonmotorized boats during the refuge 
fishing/boating season (March 1 through October 31), but hunters must 
remove boats at the end of each day's hunt (see Sec.27.93 of this 
chapter).

[[Page 325]]

    (3) Big game hunting. We allow hunting of deer and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(2)(i), (iv), and (v) 
of this section apply.
    (ii) We allow archery/crossbow hunting for white-tailed deer and 
turkey.
    (iii) The refuge will conduct one youth-only (between ages 6 and 15 
at the beginning of the gun deer season in Zone 7) quota gun deer hunt. 
We restrict hunt participants to those selected for a quota permit 
(electronic form), except that one nonhunting adult must accompany the 
youth hunter during the youth hunt.
    (iv) We open spring archery turkey hunting during the State turkey 
season.
    (v) We close the refuge to all entry and public use during scheduled 
youth quota gun hunts, except for those allowed to participate in the 
youth quota gun hunt.
    (vi) The refuge will conduct two youth-only (age 6 to 15 at the 
beginning of the spring turkey season) quota spring gun turkey hunts, 
each 2 days in length. 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.
    (vii) We allow only portable deer stands. You may erect stands 7 
days before the start of the season and must remove the stands from the 
refuge within 7 days after the season ends (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (viii) You must permanently affix the owner's Arkansas Game and Fish 
customer identification number to all tree stands, ground blinds, and 
game cameras on the refuge.
    (ix) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (x) You must check all game at the refuge check station.
    (4) Sport fishing. We allow sport fishing and frogging on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(2)(iv) and (f)(3)(v) 
of this section apply.
    (ii) We open the waters of the refuge to fishing only from March 1 
through October 31 from legal sunrise to legal sunset.
    (iii) Anglers must remove boats from the refuge at the end of each 
day's fishing activity (see Sec.27.93 of this chapter).
    (iv) We prohibit the take and possession of turtles and/or mollusks 
(see Sec.27.21 of this chapter).
    (g) Overflow National Wildlife Refuge--(1) (1) Migratory game bird 
hunting. We allow hunting of American woodcock, duck, goose, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a refuge public use regulations 
brochure/access permit (signed brochure) while hunting.
    (ii) Hunting of duck, goose, and coot ends at 12 p.m. (noon) each 
day.
    (iii) We allow only portable blinds. Hunters must remove portable 
blinds, boats, and decoys from the hunt area by 1:30 p.m. each day (see 
Sec.27.93 of this chapter).
    (iv) We allow only all-terrain vehicles (ATVs)/utility-type vehicles 
(UTVs) for hunting activities.
    (v) You may use horses on roads and ATV/UTV trails (when open to 
motor vehicle and ATV/UTV traffic, respectively) as a mode of 
transportation for hunting activities on the refuge.
    (vi) We prohibit hunting within 150 feet (45 meters) of roads and 
trails open to motor vehicle use (including ATV/UTV trails).
    (vii) You may take beaver, nutria, and coyote during any daytime 
refuge hunt with weapons and ammunition legal for that hunt. There is no 
bag limit. We prohibit transportation or possession of live hog.
    (viii) We allow boats on the refuge between the hours of 4 a.m. and 
1:30 p.m. during waterfowl season.
    (ix) Hunters may not enter the refuge until 4 a.m., with the 
exception of designated parking areas.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, and furbearers (as governed by State law)

[[Page 326]]

on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(iv) through (vii) 
of this section apply.
    (ii) We allow hunting during State seasons for quail, squirrel, 
rabbit, and furbearers (as governed by State law) through January 31. 
State regulations governing appropriate zones apply.
    (iii) We do not open for the spring squirrel hunting season or the 
summer/fall raccoon hunting season.
    (iv) When upland game hunting, we prohibit possession of lead 
ammunition except that you may possess rimfire rifle lead ammunition no 
larger than .22 caliber.
    (v) We allow the use of dogs for squirrel and rabbit hunting from 
December 1 through January 31, and for quail and raccoon/opossum hunting 
during the open season on the refuge for these species.
    (vi) We allow nighttime raccoon and opossum hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(iv) through (vii) 
of this section apply.
    (ii) We allow muzzleloader deer hunting during the first State 
muzzleloader season for this zone. State regulations governing 
appropriate zones apply.
    (iii) We prohibit buckshot for gun deer hunting.
    (iv) The bag limit for the muzzleloader deer hunt is two deer, with 
no more than one buck.
    (v) You may only use portable deer stands erected no earlier than 
the opening day of archery season, and you must remove them no later 
than January 31 each year (see Sec.27.93 of this chapter). The limit 
is one deer stand, blind, etc., per person.
    (vi) We prohibit the use of deer decoy(s).
    (vii) We restrict quota hunt participants on these hunts to those 
selected for a quota permit (electronic form), except that one 
nonhunting adult age 21 or older and possessing a valid hunting license 
must accompany a youth hunter age 15 or younger.
    (viii) The incidental taking of feral hogs will be governed by 
Arkansas Game and Fish Commission regulations concerning the taking of 
feral hogs on State Wildlife Management Areas (WMAs). Subject to State 
regulations, we allow incidental take of feral hogs on State WMAs during 
daytime refuge hunts (without the use of dogs) with legal hunting 
equipment and ammunition allowed for that hunt. There is no bag limit. 
We prohibit transport or possession of live hogs.
    (4) [Reserved]
    (h) Pond Creek National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, coot, and goose on designated areas 
of the refuge subject to the following conditions:
    (i) We close migratory game bird hunting during scheduled quota 
refuge gun deer hunts.
    (ii) Hunting ends at 12 p.m. (noon) each day.
    (iii) We allow only portable blinds. You must remove portable 
blinds, boats, and decoys from the hunt area by 1:30 p.m. each day (see 
Sec.27.93 of this chapter).
    (iv) You must possess and carry a refuge public use regulations 
brochure/access permit (signed brochure) while hunting.
    (v) We allow only all-terrain vehicles (ATVs)/utility-type vehicles 
(UTVs) for hunting and fishing activities.
    (vi) You may use horses and mules only on roads and ATV/UTV trails 
(when open to motor vehicle and ATV/UTV traffic, respectively) as a mode 
of transportation for on-refuge hunting and fishing activities, except 
during refuge muzzleloader and quota deer hunts.
    (vii) We prohibit hunting within 150 feet (45 meters) of roads and 
trails open to motor vehicle use (including ATV/UTV trails).
    (viii) You may take beaver, nutria, and coyote during any daytime 
refuge hunt with weapons and ammunition allowed for that hunt. We 
prohibit the use of dogs to take these species. There is no bag limit.
    (ix) We allow the use of dogs when waterfowl hunting.
    (x) We authorize the use of tree stands, game cameras, and boats 
while hunting and fishing on the refuge. The

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owner's Arkansas Game and Fish customer identification number must be 
affixed to, or clearly written on, them in a conspicuous manner.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, and 
furbearers (as governed by State law) on designated areas of the refuge 
subject to the following conditions:
    (i) We allow hunting on the refuge during State seasons for this 
zone for squirrel, rabbit, and furbearers through January 31. We list 
specific hunting season dates annually in the refuge hunt brochure. We 
close upland game hunting during refuge quota deer hunts.
    (ii) We do not open to spring squirrel hunting season, or summer/
early fall raccoon hunting season.
    (iii) The conditions set forth at paragraphs (h)(1)(iv) through 
(viii) of this section apply.
    (iv) We allow the use of dogs when squirrel, rabbit, raccoon, and 
opossum hunting from the opening of hunting season through January 31.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) We allow archery deer hunting on the refuge from the opening of 
the State season through January 31. State regulations governing 
appropriate zones apply.
    (ii) The conditions set forth at paragraphs (h)(1)(iv) through 
(viii) of this section apply.
    (iii) We close archery deer hunting during the quota gun deer hunts.
    (iv) We allow muzzleloader deer hunting for the first 5 days of the 
early State muzzleloader season for this deer management zone. The bag 
limit for the refuge muzzleloader hunt is two deer, with no more than 
one buck.
    (v) We prohibit buckshot for gun deer hunting.
    (vi) We restrict hunt participants for quota hunts to those drawn 
for a quota permit. These permits are nontransferable, and permit fees 
are nonrefundable.
    (vii) The quota gun deer hunt bag limit is two deer, with no more 
than one buck (one buck and one doe). Exception: Youth hunters 
participating in the refuge youth deer hunt and hunters participating in 
the refuge mobility-impaired hunt may harvest the legal State bag limit 
without antler restrictions.
    (viii) We do not open for fall archery turkey season.
    (ix) We close spring archery turkey hunting during scheduled turkey 
quota permit gun hunts.
    (x) You may use only portable deer stands erected no sooner than 2 
days before the opening of the State deer season, and you must remove 
them no later than January 31 each year (see Sec.27.93 of this 
chapter).
    (xi) We prohibit the use of deer decoy(s).
    (xii) We restrict hunt participants during quota hunts to those 
selected for a quota permit, except that one nonhunting adult age 21 or 
older and possessing a valid hunting license must accompany a youth 
hunter.
    (xiii) We allow tree stands, ground blinds, boats, or game cameras 
on the refuge only if the owner's Arkansas Game and Fish customer 
identification number is affixed to, or clearly written on, them in a 
conspicuous location.
    (xiv) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (xv) We prohibit all public use, except fishing and access for 
fishing, during quota hunts.
    (xvi) We allow the taking of feral hogs on the refuge only during 
the muzzleloader and modern gun quota permit deer hunts and with weapons 
and ammunition allowed for that hunt. There is no bag limit. You may not 
transport or possess live hogs.
    (4) Sport fishing. We allow fishing, frogging, and the taking of 
crawfish on designated areas of the refuge subject to the following 
conditions:
    (i) You must reset trotlines when exposed by receding water levels.
    (ii) The conditions set forth at paragraphs (h)(1)(iv) through 
(viii) and (x) of this section apply.
    (iii) We prohibit taking or possessing turtles or mollusks (see 
Sec.27.21 of this chapter).

[[Page 328]]

    (i) Wapanocca National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of snow goose on designated areas of the 
refuge subject to the following conditions:
    (i) We require refuge hunting permits. The permits (found on the 
front cover of the annual hunt brochure/permit--signature required) are 
nontransferable, and anyone on refuge land in possession of hunting 
equipment must sign and carry them at all times.
    (ii) Hunters may only hunt during designated days and times.
    (iii) Hunters may enter the refuge at 4 a.m. and must leave the 
refuge by 1 hour after legal sunset.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, nutria, beaver, coyote, feral hog, and opossum on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (iii) 
of this section apply.
    (ii) You may use only shotguns and rifles chambered for rimfire 
cartridges when hunting.
    (iii) We allow the use of dogs when hunting.
    (iv) You may take nutria, beaver, and coyote during any refuge hunt 
with those weapons legal during those hunts, subject to applicable State 
seasons and regulations.
    (v) You may take feral hog only during the refuge quota gun deer 
hunt and as governed by State Wildlife Management Area (WMA) 
regulations.
    (vi) We limit nighttime hunting to raccoon/opossum hunting.
    (vii) We close all other hunts during the quota gun deer hunt. We 
allow only quota gun deer hunt permit (fee/signature required) holders 
to enter the refuge during this hunt and only for deer hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (iii) 
and (i)(2)(iv) through (vii) of this section apply.
    (ii) We prohibit hunting from mowed and/or graveled road rights-of-
way.
    (iii) We allow only portable deer stands. You may erect stands 7 
days prior to the refuge deer season and must remove them from the 
waterfowl sanctuaries by December 1. You must remove all stands on the 
remainder of the refuge within 7 days of the closure of archery season 
(see Sec.27.93 of this chapter).
    (iv) We prohibit the possession or use of buckshot for hunting on 
all refuge lands.
    (v) We allow tree stands, ground blinds, and game cameras on the 
refuge only if the owner's Arkansas Game and Fish customer 
identification number is clearly written on them in a conspicuous 
location.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from March 1 through October 31 from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    (ii) We prohibit the possession or use of yo-yos, jugs, or other 
floating containers; drops or limb lines; trotlines; and commercial 
fishing tackle.
    (iii) We allow bank fishing.
    (iv) We prohibit the take or possession of frogs, mollusks, and/or 
turtles (see Sec.27.21 of this chapter).
    (v) Anglers may launch boats only in designated areas.
    (vi) Anglers must remove all boats from the refuge at the end of 
each day's fishing activity (see Sec.27.93 of this chapter). We 
prohibit airboats, personal watercraft, and hovercraft.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54105, Aug. 31, 2020]



Sec.32.24  California.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Cibola National Wildlife Refuge. Refer to Sec.32.22(d) for 
regulations.
    (b) Clear Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of pronghorn antelope only on 
the

[[Page 329]]

controlled ``U'' Unit of the refuge subject to the following condition: 
You may hunt only in the unit for 9 consecutive days beginning on the 
first Saturday following the third Wednesday in August.
    (4) [Reserved]
    (c) Colusa National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) You must return the State-issued entry permit and vacate the 
refuge no later than 1\1/2\ hours after legal sunset unless 
participating in an authorized overnight stay.
    (ii) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (iii) Access to the hunt area is by foot traffic only. We prohibit 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
    (iv) You may enter or exit only at designated locations.
    (v) The firearms used for hunting must remain unloaded until you are 
in designated free-roam areas or assigned pond/blind areas.
    (vi) Hunters may use shotguns only. We prohibit shotguns larger than 
12 gauge.
    (vii) You may not possess more than 25 shot shells while in the 
field once you have left your assigned parking lot or boat launch.
    (viii) You may not possess shot size larger than BB, except steel 
``T'' (0.20-inch (0.5-centimeter) diameter).
    (2) Upland game hunting. We allow hunting of pheasant and wild 
turkey only in the free-roam areas of the refuge subject to the 
following conditions:
    (i) We allow pheasant hunting in the assigned pond area during a 
special 1-day-only pheasant hunt on the first Monday after the opening 
of the State pheasant hunting season.
    (ii) We allow turkey hunting during the fall season only.
    (iii) The conditions set forth at paragraphs (c)(1)(i) through 
(viii) of this section apply.
    (3)-(4) [Reserved]
    (d) Delevan National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) You must return the State-issued entry permit and vacate the 
refuge no later than 1\1/2\ hours after legal sunset unless 
participating in an authorized overnight stay.
    (ii) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (iii) Access to the hunt area is by foot traffic only. We prohibit 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
    (iv) You may enter or exit only at designated locations.
    (v) The firearms used for hunting must remain unloaded until you are 
in designated free-roam areas or assigned pond/blind areas.
    (vi) Hunters may use shotguns only. We prohibit shotguns larger than 
12 gauge.
    (vii) You may not possess more than 25 shot shells while in the 
field once you have left your assigned parking lot or boat launch.
    (viii) You may not possess shot size larger than BB, except steel 
``T'' (0.20-inch (0.5-centimeter) diameter).
    (ix) We restrict hunters assigned to the spaced blind area to within 
100 feet (30.5 meters) of their assigned hunt site except for when 
retrieving downed birds, placing decoys, or traveling to and from the 
area.
    (2) Upland game hunting. We allow hunting of pheasant and wild 
turkey on designated areas on the refuge subject to the following 
conditions:
    (i) We allow pheasant hunting in the assigned pond/spaced blind area 
during a special 1-day-only pheasant hunt on the first Monday after the 
opening of the State pheasant hunting season.
    (ii) The conditions set forth at paragraphs (d)(1)(iii) through 
(viii) of this section apply.
    (3)-(4) [Reserved]
    (e) Don Edwards San Francisco Bay National Wildlife Refuge--(1) 
Migratory game bird hunting. We allow hunting of

[[Page 330]]

goose, duck, and coot on designated areas of the refuge subject to the 
following conditions:
    (i) Hunters may only hunt during designated days and times.
    (ii) During the 2 weeks 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. You may use your boat to access the 
hunting ponds, and you may leave your boat on the refuge 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, gasoline direct fuel injection 2-stroke, or 4-stroke 
gasoline motors only.
    (iii) You may maintain an existing blind in the ponds open to 
hunting if you have a refuge permit (name and signature required), but 
the blind will be open for general use on a first-come, first-served 
basis.
    (iv) You must remove all decoys and other personal property, except 
personal boats, from the refuge by legal sunset (see Sec.27.93 of this 
chapter).
    (v) You may enter closed areas of the refuge to retrieve downed 
birds, provided you leave all weapons in a legal hunting area.
    (vi) We allow the use of dogs when hunting.
    (vii) You may not possess more than 25 shot shells while in the 
field once you have left your assigned parking lot or boat launch.
    (viii) At the Ravenswood Unit only, we only allow portable blinds or 
construction of temporary blinds made from natural materials.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We close Mallard Slough to boats from March 1 through August 31, 
and we close Mowry Slough from March 15 to June 15.
    (ii) We open designated fishing areas from legal sunrise to legal 
sunset each day.
    (iii) 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.
    (iv) We prohibit the use of balloons to float hooks and bait farther 
than hand casting.
    (f) Havasu National Wildlife Refuge. Refer to Sec.32.22(e) for 
regulations.
    (g) Humboldt Bay National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, common moorhen, and 
snipe on designated areas of the refuge subject to the following 
conditions:
    (i) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (ii) You may only use portable blinds in the free-roam hunting areas 
(i.e., all hunt areas except Salmon Creek Unit).
    (iii) You must remove all blinds, decoys, shell casings, and other 
personal equipment and refuse from the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iv) We allow the use of dogs when hunting.
    (v) On the Salmon Creek Unit, we allow hunting on Tuesdays and 
Saturdays (except Federal holidays), and hunters must possess and carry 
a valid daily refuge permit. We issue refuge permits prior to each hunt 
by random drawing of names conducted at the check station 1\1/2\ hours 
before legal shooting time. Shooting time ends at 3 p.m. Hunters drawn 
for a blind must completely fill out a Refuge Hunt Permit, which 
includes a ``Record of Harvest'' section. Each hunter must possess and 
carry the Refuge Hunt Permit/Record of Harvest (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System) document while on the 
refuge and turn in a complete Record of Harvest at the check station 
before leaving the hunt area.
    (vi) On the Salmon Creek Unit, you may possess shot shells in 
quantities of 25 or fewer per hunter, per day.
    (vii) On the Salmon Creek Unit, we restrict hunters to within 100 
feet (30 meters) of the assigned hunt site except for when placing and 
retrieving decoys, retrieving downed birds, or traveling to and from the 
parking area.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We allow fishing from the 
designated

[[Page 331]]

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.
    (h) Imperial National Wildlife Refuge. Refer to Sec.32.22(f) for 
regulations.
    (i) Kern National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of goose, duck, coot, and moorhen on designated areas 
of the refuge subject to the following conditions:
    (i) Hunters assigned to the spaced blind unit must remain within 100 
feet (30.5 meters) of the numbered steel post (blind site) except when 
pursuing crippled birds, placing decoys, or traveling to and from the 
parking area.
    (ii) You may not possess more than 25 shot shells while in the field 
once you have left your assigned parking lot or boat launch.
    (iii) We allow only nonmotorized boats.
    (2) Upland game hunting. We allow hunting of pheasant on designated 
areas of the refuge.
    (3)-(4) [Reserved]
    (j) Lower Klamath National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) In the controlled waterfowl hunting area, we require a valid 
Refuge Recreation Pass (available electronically or in person at the 
refuge office) for all hunters age 16 or older. All hunters age 15 and 
younger must remain in the immediate presence of an adult (age 18 or 
older) at all times while in the field.
    (ii) We require advance reservations for the first 2 days of the 
hunting season. Reservations are obtained through the waterfowl lottery 
each year.
    (iii) Hunters may enter the refuge at 4:30 a.m. unless otherwise 
posted.
    (iv) Shooting hours end at 1 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, ladies, veteran, or disabled hunter waterfowl hunts per season.
    (B) The refuge manager may designate up to 3 days per week of 
afternoon waterfowl hunting for the general public after December 1.
    (v) We prohibit the setting of decoys in retrieving zones.
    (vi) Pit-style hunting blinds located in the Stearns units and unit 
9D are first-come, first-served. We require you to hunt within a 200-
foot (61-meter) radius of the blind.
    (2) Upland game hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following condition: In the 
controlled pheasant hunting area, we require a valid permit (available 
electronically or in person at the refuge office) for all hunters age 16 
or older. All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (3)-(4) [Reserved]
    (k) Marin Islands National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing from boats on designated 
areas of the refuge.
    (l) Merced National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, snipe, and moorhen on 
designated areas of the refuge subject to the following conditions:
    (i) You may not possess more than 25 shot shells while in the field 
once you have left your assigned parking lot or boat launch.
    (ii) Each hunter must remain inside his or her assigned blind, 
except for when placing decoys, retrieving downed birds, and traveling 
to and from the parking area. We prohibit shooting from outside the 
blind.
    (iii) We restrict hunters in the spaced zone area of the Lonetree 
Unit to their assigned zone except when they are traveling to and from 
the parking area, retrieving downed birds, or shooting to retrieve 
crippled birds.
    (iv) We allow the use of dogs when hunting.
    (2)-(4) [Reserved]
    (m) Modoc National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of goose, duck, coot, moorhen, and snipe on designated 
areas of the refuge subject to the following conditions:
    (i) On the opening weekend of the hunting season, hunters must 
possess and carry a refuge permit (FWS Form

[[Page 332]]

3-2439, Hunt Application--National Wildlife Refuge System) issued 
through random drawing to hunters with advance reservations only.
    (ii) 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 (FWS Form 3-2405, Self-
Clearing Check-in/out Permit). 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 turn it in prior to 
exiting the hunting area.
    (iii) In the designated spaced blind area, you must remain within 
the blind assigned to you.
    (iv) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (v) You may not possess more than 25 shot shells while in the field 
once you have left your assigned parking lot or boat launch.
    (vi) You may only use portable blinds in the free-roam hunting 
areas.
    (vii) 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).
    (viii) Hunters must enter and exit the hunting area from the three 
designated hunt parking lots, which we open 1\1/2\ hours before legal 
sunrise and close 1 hour after legal sunset each hunt day.
    (ix) 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.
    (2) Upland game hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following conditions:
    (i) We limit hunting to junior hunters possessing a valid State 
Junior Hunting License and refuge Junior Pheasant Hunt Permit (FWS Form 
3-2439, Hunt Application--National Wildlife Refuge System).
    (ii) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (3) [Reserved]
    (4) Sport fishing. We allow sport fishing only on Dorris Reservoir 
subject to the following conditions:
    (i) We prohibit fishing from February 1 through September 30.
    (ii) We allow fishing only from legal sunrise to legal sunset.
    (iii) We allow only walk-in access to Dorris Reservoir from February 
1 through March 31.
    (iv) We allow use of boats for fishing on Dorris Reservoir only from 
April 1 through September 30.
    (n) Sacramento National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) You must return the State-issued entry permit and vacate the 
refuge no later than 1\1/2\ hours after legal sunset unless 
participating in an authorized overnight stay.
    (ii) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (iii) Access to the hunt area is by foot traffic only. We prohibit 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
    (iv) You may enter or exit only at designated locations.
    (v) The firearms used for hunting must remain unloaded until you are 
in designated free-roam areas or assigned pond/blind areas.
    (vi) Hunters may use shotguns only. We prohibit shotguns larger than 
12 gauge.
    (vii) You may not possess more than 25 shot shells while in the 
field once you have left your assigned parking lot or boat launch.
    (viii) You may not possess shot size larger than BB, except steel 
``T'' (0.20-inch (0.5-centimeter) diameter).
    (ix) We restrict hunters assigned to the spaced blind area to within 
100 feet (30.5 meters) of their assigned hunt site except for when 
retrieving downed birds, placing decoys, or traveling to and from the 
area.

[[Page 333]]

    (2) Upland game hunting. We allow hunting of pheasant and wild 
turkey in designated areas on the refuge subject to the following 
conditions:
    (i) We allow pheasant hunting in the assigned pond/spaced blind area 
during a special 1-day-only pheasant hunt on the first Monday after the 
opening of the State pheasant hunting season.
    (ii) The conditions set forth at paragraphs (n)(1)(iii) through (ix) 
of this section apply.
    (3)-(4) [Reserved]
    (o) Sacramento River National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of goose, duck, coot, moorhen, dove, and 
snipe on designated areas of the refuge subject to the following 
conditions:
    (i) Access to the hunt area on all units open to public hunting is 
by boat only, except on designated units, which are accessible by foot 
traffic or boat. We prohibit bicycles or other conveyances. Mobility-
impaired hunters should consult with the refuge manager for allowed 
conveyances.
    (ii) On the Codora Unit, we prohibit hunting except for junior 
hunters on weekends only. Junior hunters must possess a valid junior 
hunting license and be accompanied by a nonhunting adult.
    (iii) We allow only shotgun hunting.
    (iv) We prohibit hunting within 50 feet (15 meters) of any landward 
boundary adjacent to private property.
    (v) We allow the use of dogs only when hunting migratory birds and 
upland game birds.
    (2) Upland game hunting. We allow hunting of pheasant, turkey, and 
quail on designated areas of the refuge subject to the following 
conditions:
    (i) We allow only shotgun and archery hunting.
    (ii) The conditions set forth at paragraphs (o)(1)(i), (ii), (iv), 
and (v) of this section apply.
    (3) Big game hunting. We allow hunting of black-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (o)(1)(i), (ii), and (iv) 
and (o)(2)(i) of this section apply.
    (ii) You may hunt feral hogs from September 1 through March 15.
    (iii) We prohibit the use of dogs while hunting black-tailed deer 
and feral hogs.
    (iv) We allow the use of only shotguns firing single non-lead 
shotgun slugs, and archery equipment. We prohibit the use or possession 
of rifles and pistols on the refuge for hunting.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (p) Salinas River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and moorhen on 
designated areas of the refuge subject to the following conditions:
    (i) You may not possess more than 25 shot shells while in the field 
once you have left your assigned parking lot or boat launch.
    (ii) Access to the hunt area is by foot traffic only. We prohibit 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
    (iii) We allow the use of dogs when hunting waterfowl.
    (iv) You must remove all decoys and other personal property from the 
refuge at the end of each day's hunt (see Sec.27.93 of this chapter).
    (2)-(4) [Reserved]
    (q) San Diego Bay National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing from boats and other 
flotation devices on designated areas of the refuge subject to the 
following condition: We prohibit shoreline fishing.
    (r) San Luis National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) You may not possess more than 25 shot shells while in the field 
once you have left your assigned parking lot or boat launch.
    (ii) You must return your permits (state-issued) to the check 
stations immediately upon completion of your hunt and prior to using any 
tour routes or leaving the refuge vicinity.
    (iii) 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 pursuing crippled birds.

[[Page 334]]

    (iv) We restrict hunters in the spaced zone area of the East Bear 
Creek Unit to their assigned zone except when they are traveling to and 
from the parking area, retrieving downed birds, or pursuing crippled 
birds.
    (v) Access to the Freitas Unit free-roam hunting area is by boat 
only with a maximum of 5 miles per hour (mph). We prohibit air-thrust 
and inboard water-thrust boats.
    (vi) We require State-issued Type A area permits for access on 
Wednesdays, Saturdays, and Sundays.
    (vii) We prohibit the use of motorized boats and other flotation 
devices in the free-roam units with the exception of the Freitas Unit.
    (viii) We prohibit 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.
    (ix) We allow the use of dogs when hunting.
    (2) Upland game hunting. We allow hunting of pheasant on designated 
areas of the refuge.
    (3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We only allow fishing during normal refuge visitation hours in 
designated areas as posted.
    (ii) We only allow the use of pole and line or rod and reel to take 
fish, and anglers must attend their equipment at all times.
    (s) San Pablo Bay National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) You may only hunt from a boat. We prohibit walk-in hunting on 
the refuge.
    (ii) We allow the use of dogs when hunting.
    (2) Upland game hunting. We allow hunting of pheasant only in 
designated areas of the refuge subject to the following conditions:
    (i) You may only hunt on Wednesdays, Saturdays, and Sundays.
    (ii) The conditions set forth at paragraphs (s)(1)(ii) and (iii) of 
this section apply.
    (3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We allow fishing only with a 
pole and line or rod and reel. We prohibit bow fishing and gigging.
    (t) Sonny Bono Salton Sea National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of goose, duck, coot, and moorhen on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters using the Union Tract must use goose decoys.
    (ii) You must hunt from assigned blinds on the Union Tract and 
within 100 feet (30 meters) of blind sites on the Hazard Tract, except 
when shooting to retrieve crippled birds.
    (iii) You may not possess more than 25 shot shells while in the 
field once you have left your assigned parking lot or boat launch.
    (2)-(3) [Reserved]
    (4) Sport fishing. We only allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from April 1 through September 30.
    (ii) We only allow boat fishing.
    (u) Stone Lakes National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and moorhen on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunting on Sun River Unit only on Wednesdays and 
Saturdays from \1/2\ hour before legal sunrise until 12 p.m. (noon).
    (ii) We will select hunters through a random drawing process (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System) 
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.
    (iii) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (iv) We prohibit bicycles or other conveyances. Mobility-impaired 
hunters should contact the refuge manager regarding allowed conveyances.
    (v) We restrict hunters to their assigned spaced-blind except when 
they

[[Page 335]]

are placing or retrieving decoys, traveling to and from the parking 
area, retrieving downed birds, or shooting to retrieve crippled birds
    (vi) You may not possess more than 25 shot shells while in the field 
once you have left your assigned parking lot or boat launch.
    (vii) We allow only nonmotorized boats to access water blinds.
    (viii) 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).
    (ix) We allow the use of dogs when hunting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit fishing from the bank.
    (ii) We prohibit the take of native reptiles and amphibians (see 
Sec.27.21 of this chapter).
    (v) Sutter National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) You must return the State-issued entry permit and vacate the 
refuge no later than 1\1/2\ hours after legal sunset unless 
participating in an authorized overnight stay.
    (ii) All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (iii) Access to the hunt area is by foot traffic only. We prohibit 
bicycles and other conveyances. Mobility-impaired hunters should consult 
with the refuge manager for allowed conveyances.
    (iv) You may enter or exit only at designated locations.
    (v) The firearms used for hunting must remain unloaded until you are 
in designated free-roam areas or assigned pond/blind areas.
    (vi) Hunters may use shotguns only. We prohibit shotguns larger than 
12 gauge.
    (vii) You may not possess more than 25 shot shells while in the 
field once you have left your assigned parking lot or boat launch.
    (viii) You may not possess shot size larger than BB, except steel 
``T'' (0.20-inch (0.5-centimeter) diameter).
    (2) Upland game hunting. We only allow hunting of pheasant and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) We allow turkey hunting during the fall season only.
    (ii) The conditions set forth at paragraphs (v)(1)(i) through (viii) 
of this section apply.
    (3)-(4) [Reserved]
    (w) Tule Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) In the controlled waterfowl hunting area, we require a valid 
Refuge Recreation Pass (available electronically or in person at the 
refuge office) for all hunters age 16 or older.
    (ii) All hunters age 15 or younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (iii) We require advance reservations for the first 2 days of the 
hunting season. You may obtain a reservation through the waterfowl 
lottery each year.
    (iv) Hunters may enter the refuge at 4:30 a.m. unless otherwise 
posted.
    (v) Shooting hours end at 1 p.m. on all portions of the refuge with 
the following exceptions:
    (A) The refuge manager may designate up to 6 afternoon special 
youth, ladies, veteran, or disabled hunter waterfowl hunts per season.
    (B) The refuge manager may designate up to 3 days per week of 
afternoon waterfowl hunting for the general public after December 1.
    (vi) You select blind sites by lottery at the beginning of each hunt 
day. You may shoot only from within your assigned blind site.
    (vii) We prohibit the setting of decoys in retrieving zones.
    (viii) We prohibit air-thrust and inboard water-thrust boats while 
hunting. We prohibit the use of all-terrain amphibious or utility-type 
vehicles (UTVs) in wetland units.
    (2) Upland game hunting. We allow hunting of pheasant on designated

[[Page 336]]

areas of the refuge subject to the following conditions:
    (i) In the controlled pheasant hunting area, we require a valid 
permit (available electronically or in person at the refuge office) for 
all hunters age 16 or older.
    (ii) All hunters age 15 or younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (3)-(4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54105, Aug. 31, 2020]



Sec.32.25  Colorado.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Alamosa National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, snipe, Eurasian 
collared-dove, and mourning dove on designated areas of the refuge 
subject to the following conditions:
    (i) We allow Eurasian collared-dove hunting only during the mourning 
dove season.
    (ii) The only acceptable methods of take are shotguns, hand-held 
bows, and hawking/falconry.
    (2) Upland game hunting. We allow hunting of cottontail rabbit, and 
black-tailed and white-tailed jackrabbit, on designated areas of the 
refuge subject to the following condition: The only acceptable methods 
of take are shotgun, rifle firing rimfire cartridges less than .23 
caliber, hand-held bow, pellet gun, slingshot, and hawking/falconry.
    (3) Big game hunting. We allow hunting of elk on designated areas of 
the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit launching or 
removing any type of watercraft from the refuge on the Rio Grande or 
Chicago Ditch.
    (b) Arapaho National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, coot, merganser, Canada goose, snipe, 
Virginia and Sora rail, and mourning dove on designated areas of the 
refuge subject to the following conditions:
    (i) All migratory bird hunting closes annually on December 31.
    (ii) We allow access to the refuge 1 hour prior to legal shooting 
time.
    (iii) We allow use of only portable stands and blinds that the 
hunter must remove following each day's hunt (see Sec.27.93 of this 
chapter).
    (iv) We prohibit hunting 200 feet (60 meters) from any public use 
road, designated parking area, or designated public use facility located 
within the hunt area.
    (2) Upland game hunting. We allow hunting of jackrabbit, cottontail 
rabbit, and sage grouse on designated areas of the refuge subject to the 
following conditions:
    (i) All upland game hunting closes annually on December 31.
    (ii) The condition set forth at paragraph (b)(1)(ii) of this section 
applies.
    (3) Big game hunting. We allow hunting of antelope and elk on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(ii) and (iii) of 
this section apply.
    (ii) Elk hunters:
    (A) Must possess a refuge-specific permit (state-issued) to hunt 
elk; and
    (B) Must attend a scheduled pre-hunt information meeting prior to 
hunting.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit fishing between June 1 and July 31 each year.
    (ii) We allow fishing only from legal sunrise to legal sunset.
    (iii) We prohibit ice fishing on the refuge.
    (iv) We close Unit C to fishing when the refuge is open to big game 
rifle hunting.
    (v) We prohibit lead sinkers and live bait for fishing.
    (c) Baca National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of Eurasian collared-dove and mourning dove on 
designated areas of the refuge subject to the following conditions:
    (i) We allow Eurasian collared-dove hunting only during the mourning 
dove season.

[[Page 337]]

    (ii) The only acceptable methods of take are shotguns, hand-held 
bows, and hawking/falconry.
    (2) Upland game hunting. We allow hunting of cottontail rabbit, and 
black-tailed and white-tailed jackrabbit, on designated areas of the 
refuge subject to the following condition: Shotguns, rifles firing 
rimfire cartridges less than .23 caliber, hand-held bows, pellet guns, 
slingshots, and hawking/falconry are the only acceptable methods of 
take.
    (3) Big game hunting. We allow hunting of elk on designated areas of 
the refuge.
    (4) [Reserved]
    (d) Browns Park National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and mourning dove on 
designated areas of the refuge.
    (2) Upland game hunting. We allow hunting of cottontail rabbit on 
designated areas of the refuge.
    (3) Big game hunting. We allow hunting of pronghorn antelope, moose, 
mule deer, and elk on designated areas of the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (e) Monte Vista National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, snipe, Eurasian 
collared-dove, and mourning dove on designated areas of the refuge 
subject to the following conditions:
    (i) We allow Eurasian collared-dove hunting only during the mourning 
dove season.
    (ii) The only acceptable methods of take are shotguns, hand-held 
bows, and hawking/falconry.
    (2) Upland game hunting. We allow hunting of cottontail rabbit, and 
black-tailed and white-tailed jackrabbit, on designated areas of the 
refuge subject to the following condition: The only acceptable methods 
of take are shotgun, rifle firing rimfire cartridges less than .23 
caliber, hand-held bow, pellet gun, slingshot, and hawking/falconry.
    (3) Big game hunting. We allow hunting of elk on designated areas of 
the refuge.
    (4) [Reserved]
    (f) Rocky Mountain Arsenal. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing on Tuesdays, Saturdays, and Sundays from legal 
sunrise to legal sunset.
    (ii) We allow fishing from the first Saturday in April through 
November 30.
    (iii) All anglers age 16 and older must possess a signed refuge 
fishing permit (signed refuge fishing brochure) when fishing.
    (iv) You must stop and pay the daily fishing recreation fee for each 
Colorado State licensed angler age 16 or older. Payments are made at 
self-service fishing fee stations, and you must display a receipt of 
payment or an annual pass while fishing. High school and college 
students can fish for free with a current student identification card.
    (v) We allow bank fishing only at Lake Mary and Lake Ladora.
    (vi) We allow wade fishing only in Lake Ladora after Memorial Day.
    (vii) Each angler may use only one rod and reel or pole and line 
with one hook per line, except that we allow a second rod and reel or 
pole and line with one hook per line with a Colorado State-issued second 
rod stamp.
    (viii) We only allow barbless hooks.
    (ix) We only allow artificial lures and flies on Lake Ladora. We 
allow artificial lures and flies and artificial bait, cut bait, and food 
products only on Lake Mary.
    (x) We prohibit the use of live bait on all refuge waters.
    (xi) We only allow catch-and-release fishing.
    (xii) We prohibit the possession and consumption of alcoholic 
beverages while fishing.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54105, Aug. 31, 2020]



Sec.32.26  Connecticut.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Silvio O. Conte National Fish and Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of migratory game birds on 
designated areas of the

[[Page 338]]

refuge subject to the following conditions:
    (i) We allow refuge access 1\1/2\ hours prior to legal sunrise until 
1\1/2\ hours after legal sunset.
    (ii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: The 
conditions set forth at paragraphs (a)(1)(i) and (ii) of this section 
apply.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following condition: The conditions 
set forth at paragraphs (a)(1)(i) and (ii) of this section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (a)(1)(i) of this section 
applies.
    (ii) We prohibit launching of motorboats from the refuge.
    (iii) We prohibit the use of reptiles and amphibians as bait.
    (b) Stewart B. McKinney National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, coot, merganser, brant, sea 
duck, and goose on designated areas of the refuge subject to the 
following conditions:
    (i) For the Great Meadows unit, we will limit hunt days to Tuesdays, 
Wednesdays, and Saturdays during the regular duck, sea duck, and brant 
seasons.
    (ii) We allow the use of dogs consistent with State regulations.
    (iii) We allow the use of temporary tree stands and blinds, which 
must be removed at the end of each day's hunt (see Sec.27.93 of this 
chapter).
    (2) [Reserved]
    (3) Big game hunting. We allow archery hunting of white-tailed deer 
and wild turkey on designated areas of the refuge subject to the 
following condition: The condition set forth at paragraph (b)(1)(iii) of 
this section applies.
    (4) [Reserved]

[85 FR 54106, Aug. 31, 2020]



Sec.32.27  Delaware.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bombay Hook National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following conditions:
    (i) We require a refuge permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) for waterfowl hunting.
    (ii) You must complete and return a Migratory Bird Hunt Report (FWS 
Form 3-2361), available at the refuge administration office or on the 
refuge's website, within 15 days of the close of the season.
    (iii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of grey squirrel, 
cottontail rabbit, ring-necked pheasant, bobwhite quail, raccoon, 
opossum, coyote, and red fox on designated areas of the refuge subject 
to the following condition: The condition set forth at paragraph 
(a)(1)(iii) of this section applies.
    (3) Big game hunting. We allow hunting of turkey and deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require a refuge permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System).
    (ii) Hunting on the headquarters deer hunt area will be by lottery. 
You must obtain and possess a refuge permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System) from the refuge office or 
website and have the permit in your possession while hunting.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the use of lead 
fishing tackle on the refuge.
    (b) Prime Hook National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow the hunting of waterfowl, coot, mourning dove, snipe, 
and woodcock on designated areas of the refuge subject to the following 
conditions:
    (i) You must obtain and possess a refuge permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System) from the refuge 
office or

[[Page 339]]

website and have the permit in your possession while hunting.
    (ii) You must complete and return a Migratory Bird Hunt Report (FWS 
Form 3-2361), available at the refuge administration office or on the 
refuge's website, within 15 days of the close of the season.
    (iii) We allow State certified hunters with disabilities hunting 
privileges in the Disabled Waterfowl Draw Area subject to the following 
condition: We do not allow assistants to enter a designated disabled 
hunting area unless they are accompanied by a certified disabled hunter.
    (iv) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of rabbit, quail, 
pheasant, and red fox on designated areas of the refuge subject to the 
following condition: The conditions set forth at paragraphs (b)(1)(i) 
and (iv) of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) We prohibit organized deer drives. We define a ``deer drive'' as 
an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (ii) Hunting on the headquarters deer hunt area will be by lottery.
    (iii) The condition set forth at paragraph (b)(1)(i) of this section 
applies.
    (4) Sport fishing. We allow sport fishing and crabbing on designated 
areas of the refuge subject to the following conditions:
    (i) On Turkle and Fleetwood ponds, we allow boats only with electric 
trolling motors.
    (ii) You must attend all crabbing and fishing gear at all times.
    (iii) You must remove all personal property at the end of each day's 
fishing activity (see Sec. Sec.27.93 and 27.94 of this chapter).

[85 FR 54106, Aug. 31, 2020]



Sec.32.28  Florida.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Arthur R. Marshall Loxahatchee National Wildlife Refuge--(1) 
Migratory game bird hunting. We allow hunting of duck and coot on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a signed current refuge hunt permit 
(signed brochure) while hunting. You must have on your person all 
applicable licenses and permits.
    (ii) We prohibit hunting from all refuge structures, canals, and 
levees; within \1/2\ mile of canoe trails, campsites, and boat ramps; 
and in areas posted as closed. We allow motorized vessels in the 
Motorized Zone, south of latitude line 26[deg]27.130. We allow 
nonmotorized vessels in the Refuge Interior. We allow only one motorized 
vessel per party.
    (iii) Hunters may only enter and leave the refuge at designated 
entrances.
    (iv) We allow only temporary blinds of native vegetation.
    (v) Hunters must remove decoys and other personal property from the 
hunting area at the end of each day's hunt (see Sec.27.93 of this 
chapter).
    (vi) Hunters may only use boats equipped with factory-manufactured, 
water-cooled outboard motors; boats with electric motors; and 
nonmotorized boats. We prohibit boats with air-cooled engines, fan 
boats, hovercraft, and personal watercraft (jet skis, jet boats, wave 
runners, etc.). We allow airboats by permit only (Special Use Permit 
(FWS Form 3-1383-G)). We will issue airboat permits through a separate 
lottery. There is a 35 miles per hour (mph) speed limit in all waters of 
the refuge. A 500-foot (150-meter) ``idle speed zone'' is at each of the 
refuge's three boat ramps.
    (vii) Hunters operating boats in the Refuge Interior, outside of the 
perimeter canal, are required to display a 10-inches by 12-inches (25-
centimeters by 30-centimeters) orange flag 10 feet (3 meters) above the 
vessel's waterline.
    (viii) We will allow the use of airboats for a limited number of 
duck and coot hunters by permit (Special Use Permit (FWS Form 3-1383-G)) 
during

[[Page 340]]

Phase 2 of the State duck and coot season only. We will issue airboat 
permits through a separate lottery. Contact the Refuge headquarters for 
airboat permitting information.
    (ix) Motorized vessels used while hunting must be stopped and shut 
off for 15 minutes prior to shooting. Permitted motorized vessels must 
be in place 1 hour before legal sunrise and not move until 1 hour after 
legal sunrise.
    (x) All hunters must leave the hunt area once their bag/tag limit 
has been reached.
    (xi) We prohibit unrestricted airboat travel not associated with 
hunting.
    (xii) All hunters younger than age 18 must be supervised by a 
licensed and permitted adult age 21 or older, and must remain with the 
adult while hunting. Hunters younger than age 18 must have completed a 
hunter education course.
    (xiii) No entry and/or limited activity buffer zones or closures may 
be created to protect endangered or threatened species and other 
species.
    (xiv) Licenses, permits, equipment, and effects and vehicles, 
vessels, and other conveyances are subject to inspection by law 
enforcement officers.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of alligator, white-tailed 
deer, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (iii), (v) 
through (vii), and (x) and (xi) of this section apply.
    (ii) We prohibit hunting from all refuge structures and levees; 
within \1/2\ mile of canoe trails, campsites, and boat ramps; and in 
areas posted as closed. We allow motorized vessels in the Motorized 
Zone, south of latitude line 26[deg]27.130. We allow alligator hunting 
in the Motorized Zone and perimeter canal south of latitude line 
26[deg]27.130. We allow nonmotorized vessels in the Refuge Interior. We 
allow only one motorized vessel per party.
    (iii) We allow alligator hunting on the refuge 1 hour before legal 
sunset on Friday night through 1 hour after legal sunrise Saturday 
morning, and 1 hour before legal sunset on Saturday night through 1 hour 
after legal sunrise Sunday morning. We allow alligator hunting the first 
two weekends during Harvest Period 1 (August) and the first two weekends 
during Harvest Period 2 (September). Following the close of Harvest 
Period 2, the remaining weekends in October will be open for alligator 
harvest permittees who possess unused CITES tags (OMB Control No. 1018-
0093). Specific dates for the alligator hunt are on the harvest permit 
issued by the State.
    (iv) Alligator hunters age 18 and older must be in possession of all 
necessary State and Federal licenses, permits, and CITES tags, as well 
as a signed refuge hunt permit (signed brochure) while hunting on the 
refuge. They must possess an Alligator Trapping License with CITES tag 
or an Alligator Trapping Agent License (State-issued), if applicable.
    (v) Persons younger than age 18 may not hunt but may only accompany 
an adult age 21 or older who possesses an Alligator Trapping Agent 
License (State-issued).
    (vi) You may take alligators using hand-held snare, harpoon, gig, 
snatch hook, artificial lure, manually operated spear, spear gun, or 
crossbow. We prohibit the taking of alligators using baited hook, baited 
wooden peg, or firearm. We allow the use of bang sticks (a hand-held 
pole with a pistol or shotgun cartridge on the end in a very short 
barrel) with approved nontoxic ammunition (see Sec.32.2(k)) only for 
taking alligators attached to a restraining line. Once an alligator is 
captured, it must be killed immediately. We prohibit catch-and-release 
of alligators. Once the alligator is dead, you must lock a CITES tag 
through the skin of the carcass within 6 inches (15.2 centimeters) of 
the tip of the tail. The tag must remain attached to the alligator at 
all times.
    (vii) We allow the use of airboats for a limited number of alligator 
hunters by permit (Special Use Permit (FWS Form 3-1383-G)). Airboat 
permits will be issued through a separate lottery. Contact the refuge 
headquarters for airboat permitting information.
    (viii) Alligators must remain in whole condition while on refuge 
lands.
    (ix) We allow a limited quota permit for the taking of white-tailed 
deer and

[[Page 341]]

incidental take of feral hog in the Refuge Interior, by airboat 
(requires Special Use Permit (FWS Form 3-1383-G)) and nonmotorized 
vessels only. Airboat access will be for deer hunt permit holders only.
    (x) White-tailed deer and feral hog hunters age 18 and older must be 
in possession of all necessary State and Federal licenses, permits, as 
well as a current refuge hunt permit (signed brochure) while hunting on 
the refuge.
    (xi) We have limited quota and specialty hunts for the taking of 
white-tailed deer, and incidental take of feral hogs during the deer 
hunts on the Strazzulla Marsh and the Cypress Swamp.
    (xii) Motorized vessels used while deer hunting must be stopped and 
shut off for 15 minutes prior to shooting. Permitted motorized vessels 
must be in place 1 hour before legal sunrise and not move until 1 hour 
after legal sunrise.
    (xiii) We close the Refuge Interior to all other uses during the 
limited quota white-tailed deer hunt in the Refuge Interior.
    (xiv) White-tailed deer hunters younger than age 18 must be 
supervised by a licensed and permitted adult age 21 or older, and must 
remain with the adult while hunting. Hunters younger than age 18 must 
have completed a hunter education course.
    (xv) We prohibit the use of dogs for the take or attempt to take of 
white-tailed deer and feral hogs. We allow the use of dogs for blood 
trailing only.
    (xvi) We require nontoxic ammunition (see Sec.32.2(k)) when deer 
hunting on the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing on all areas of the refuge, except those areas 
posted as closed to fishing or closed to the public.
    (ii) Anglers may only use boats equipped with factory-manufactured-
water-cooled outboard motors, boats with electric motors, and 
nonmotorized boats. We prohibit boats with air-cooled engines, fan 
boats, hovercraft, and personal watercraft (jet skis, jet boats, wave 
runners, etc.). We allow the use of airboats by permit only (Special Use 
Permit (FWS Form 3-1383-G)). Airboat permits will be issued through a 
separate lottery. Contact the refuge headquarters for airboat permitting 
information.
    (iii) We allow motorized vessels in the Motorized Zone, south of 
latitude line 26[deg]27.130, and perimeter canal. We allow only 
nonmotorized vessels in the Non Motorized Watercraft Zone, northern 
portion of Refuge Interior.
    (iv) Anglers operating boats in the Refuge Interior, outside of the 
perimeter canal, are required to display a 10-inches by 12-inches (25 cm 
x 30 cm) orange flag 10-feet (3 meters) above the vessel's waterline.
    (v) We only allow the use of rods and reels and poles and lines, and 
anglers must attend them at all times. We prohibit the possession or use 
of cast nets, seines, trot lines, jugs, and other fishing devices.
    (vi) We allow frog gigging, bow fishing, and fish gigging in all 
areas open to sport fishing, except in the A, B, and C Impoundments and 
Strazzulla Marsh.
    (vii) We prohibit frog gigging, bow fishing, and fish gigging from 
structures and from within \1/2\ mile of refuge boat ramps, campsites, 
and canoe trails, and in areas posted as closed.
    (viii) We allow the taking of frogs from July 16 through March 15 of 
each year.
    (ix) The daily bag limit for frogs is 50 frogs per vessel or party.
    (x) Fish and frogs must remain in whole condition while on refuge 
lands.
    (xi) Frogs may only be taken by gig, blowgun, or hook and line, or 
by hand.
    (xii) We limit frogging or fishing by airboat to nonhunting airboat 
permittees only.
    (xiii) We prohibit commercial fishing, including unpermitted 
commercial guiding, and the taking of turtles and other wildlife (see 
Sec.27.21 of this chapter).
    (xiv) We allow 17 fishing tournaments a year by Special Use Permit 
only (General Activities--Special Use Permit Application, FWS Form 3-
1383-G).
    (b) Cedar Keys National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow saltwater sport fishing year-round on 
designated areas of the refuge subject to the following conditions:

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    (i) We close a 300-foot (90-meter (m)) buffer zone beginning at mean 
high tide line and extending into the waters around Snake Key to all 
public entry from March 1 through June 30 to protect nesting birds.
    (ii) We conditionally open to public entry a 300-foot (90-m) buffer 
zone beginning at mean high tide line and extending into the waters 
around Seahorse Key from March 1 through June 30. Should birds nest in 
that area during that timeframe, we will close that area of Seahorse Key 
to public entry.
    (c) Chassahowitzka National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow migratory game bird hunting in designated areas of the 
refuge subject to the following conditions:
    (i) In Citrus County:
    (A) You may take only ducks and coots.
    (B) We allow waterfowl hunting on Wednesdays, Saturdays, and Sundays 
during those seasons established by the State of Florida.
    (C) We allow the use of dogs when hunting migratory birds.
    (D) We require hunters to possess and carry a signed, refuge hunting 
permit (signed brochure).
    (E) We prohibit hunting within 100 yards (91.4 meters) of any 
residence or on navigable waterways of Chassahowitzka River, Seven 
Cabbage Cut-off, and Mason Creek.
    (F) We allow temporary blinds and decoys, but you must remove all 
blinds and decoys from the refuge at the end of each day's hunt (see 
Sec.27.93 of this chapter).
    (ii) In Hernando County:
    (A) All hunters in Hernando County must comply with the State of 
Florida Chassahowitzka Wildlife Management Area regulations.
    (B) The conditions set forth at paragraphs (c)(1)(i)(C), (D), and 
(F) of this section apply.
    (C) We allow hunting of geese, duck, and coot only on Wednesdays, 
Saturdays, and Sundays.
    (D) We prohibit hunting within 100 yards (91.4 meters) of any 
residence.
    (2) Upland game hunting. In Hernando County, we allow hunting of 
quail, squirrel, rabbit, feral hog, opossum, armadillo, beaver, coyote, 
skunk, and nutria as governed by State of Florida Chassahowitzka 
Wildlife Management Area regulations and subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i)(C) through (F) 
and (c)(1)(ii)(D) of this section apply.
    (ii) We prohibit the use of traps or snares to take game.
    (iii) You may take feral hog, opossum, armadillo, beaver, coyote, 
skunk, and nutria as incidental species with the equipment legal for use 
during the season.
    (3) Big game hunting. In Hernando County, we allow hunting of 
whitetail deer and turkey, as governed by State of Florida 
Chassahowitzka Wildlife Management Area regulations and subject to the 
following condition: The conditions set forth at paragraphs (c)(2)(i) 
through (iii) of this section apply.
    (4) Sport fishing. We allow sport fishing in designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing 24 hours per day, year-round, except in areas 
posted closed.
    (ii) We prohibit harvesting and possession of frogs, horseshoe 
crabs, turtles, and snakes (see Sec.27.21 of this chapter).
    (iii) We permit commercial activities, including guiding, with a 
Special Use Permit (Commercial Activities Special Use Permit 
Application, FWS Form 3-1383-C). You must apply for the permit.
    (d) Egmont Key National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing year-round on designated 
areas of the refuge subject to the following condition: Anglers may only 
use two poles per angler and must attend both poles at all times.
    (e) Everglades Headwaters National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of migratory game birds on 
designated areas of the refuge in accordance with State regulations and 
applicable State Wildlife Management Area regulations.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the refuge in accordance with State regulations and applicable 
State Wildlife Management Area regulations.

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    (3) Big game hunting. We allow big game hunting on designated areas 
of the refuge in accordance with State regulations and applicable State 
Wildlife Management Area regulations.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge in accordance with State regulations and applicable State 
Wildlife Management Area regulations.
    (f) Hobe Sound National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing only from legal sunrise to legal sunset.
    (ii) We allow salt-water fishing along the Atlantic Ocean and Indian 
River Lagoon year-round as governed by State recreational fishing 
regulations.
    (iii) We allow the use of only rods and reels and poles and lines, 
and anglers must attend them at all times.
    (iv) We allow only two poles per angler, and anglers must attend 
those poles at all times in conjunction with the Martin County, Florida, 
two-pole ordinance.
    (g) J. N. ``Ding'' Darling National Wildlife Refuge. (1)-(3) 
[Reserved]
    (4) Sport fishing. We allow sport fishing and crabbing in designated 
areas of the refuge subject to the following conditions:
    (i) We allow the take of crabs with the use of dip nets only.
    (ii) All anglers must exit refuge lands and waters no later than \1/
2\ hour after legal sunset.
    (iii) We prohibit the possession and use of seines or trot lines.
    (iv) We prohibit the use of cast nets from the left (south) side of 
Wildlife Drive or any water control structure, bridge, boardwalk, or rip 
rap affixed to Wildlife Drive.
    (v) All fish must remain in whole condition until removed from 
refuge lands and waters, except for fish caught and landed by 
individuals using the services of the refuge concessionaire at the 
Tarpon Bay recreation area. Those fish may be cleaned at the designated 
fish cleaning station in the concession area.
    (vi) We prohibit the use of bows and spears from Wildlife Drive or 
any trail or structure affixed to Wildlife Drive.
    (h) Lake Woodruff National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) We require a valid Lake Woodruff Quota Hunt Permit, which can be 
purchased through the Florida Fish and Wildlife Conservation Commission, 
and a valid Lake Woodruff National Wildlife Refuge hunt permit (signed 
annual hunt brochure), which is free and nontransferable.
    (ii) All hunters must be on stands or in blinds during deer hunts.
    (iii) We prohibit scouting in the hunt area during the quota hunt.
    (iv) Hunters possessing a valid permit may access the refuge 2 hours 
prior to legal sunrise each hunting day. All hunters must leave the 
refuge within 2 hours of legal sunset.
    (v) We allow stands or blinds to be set up 2 days prior to the 
permitted hunt, and you must remove them on or before the last day of 
your permitted hunt. You must clearly mark stands with the hunter's 
Florida Fish and Wildlife Conservation Commission (FWC) permit number 
found on your hunting license. No more than one stand or blind per 
person may be on the refuge at any time, unless a permitted hunter is 
accompanied by a youth hunter. You must place the stand and/or blind for 
a youth hunter within sight and normal voice contact of the permitted 
hunter's stand and mark it with the adult permitted hunter's FWC permit 
number and the word ``YOUTH.''
    (vi) If you use flagging or other trail marking material, you must 
print your FWC permit number on each piece or marker. You may set up 
flagging and trail markers 2 days prior to the permitted hunt, and you 
must remove them on or before the last day of the permitted hunt.
    (vii) You must check out any game taken during the hunts at a self-
check station.
    (viii) You may access the Western Unit only by boat.
    (ix) Hunters age 15 and younger do not need a quota permit, but they 
must be accompanied by an adult age 18 or older. Each adult may 
supervise one youth hunter and must remain within

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sight and normal voice contact of the youth hunter; the pair must share 
a single bag limit unless hunting during a designated family or youth 
hunt.
    (x) We prohibit shotgun loads larger than 2 shot and slugs during 
turkey hunts.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We only allow use of hook and line. We prohibit cast nets.
    (ii) We allow fishing from legal sunrise to legal sunset.
    (iii) We prohibit the use of snatch hooks in the refuge 
impoundments.
    (i) Lower Suwannee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck and coot on designated areas of the 
refuge subject to the following conditions:
    (i) We require all hunters, age 16 or older, to purchase and possess 
a general refuge hunting permit through the Florida Fish and Wildlife 
Conservation Commission to hunt during all refuge hunts, unless 
otherwise exempt. We do not require youth hunters age 15 and younger to 
possess a general refuge hunting permit.
    (ii) Every hunter must possess a signed refuge hunt brochure (signed 
brochure) while hunting on the refuge.
    (iii) We prohibit hunting from or within 150 feet (45 meters) of all 
refuge roads open to public vehicle travel.
    (iv) An adult (parent or guardian) age 18 or older must supervise 
and must remain within sight of and in normal voice contact of a youth 
hunter, age 15 or younger. An adult may not supervise more than two 
youths. Youth hunters must meet State hunter-education requirements.
    (v) Clothes-type pins or clips with reflective or colored markings 
can be used for the temporary marking of vegetation in order to identify 
a route of travel to or from a tree stand. You must remove these pins at 
the end of deer season (see Sec. Sec.27.93 and 27.94 of this chapter). 
Each clothes-type pin or clip must contain the hunting license number of 
the hunter.
    (vi) You may leave a temporary tree stand on refuge property 
starting 1 week before archery season, but you must remove it by the 
last day of hog season. All tree stands left on the refuge within the 
hunt season must display the hunter's hunting license number legibly 
written on or attached to the stand. You may also use a temporary tree 
stand during small game season, but you must remove it by the last day 
of the small game season.
    (vii) Hunters must be at their vehicles by 1 hour after legal 
shooting time.
    (viii) We prohibit cleaning of game within 1,000 feet (300 meters) 
of any developed public recreation area, game check station, or gate.
    (2) Upland game hunting. We allow hunting of feral hog, gray 
squirrel, armadillo, opossum, rabbit, raccoon, coyote, and beaver on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (viii) 
of this section apply.
    (ii) Hunters may only hunt during designated days and times. The 
refuge prints dates for all the refuge hunting seasons in the annual 
refuge hunt brochure (signed brochure).
    (iii) We allow night hunting for raccoon and opossum from legal 
sunset until legal sunrise as governed by State regulations.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (viii) 
of this section apply.
    (ii) During the refuge archery season, hunters may only use archery 
equipment, including crossbows, as governed by State archery 
regulations.
    (iii) During the refuge muzzleloader season, hunters may only use 
muzzleloading firearms and archery equipment (see Sec.27.42 of this 
chapter) as governed by State muzzleloader regulations.
    (iv) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (v) We allow hunting of deer (except spotted fawns), feral hog, gray 
squirrel,

[[Page 345]]

rabbit, armadillo, opossum, raccoon, beaver, and coyote during the 
archery season.
    (vi) Hunters may take feral hog (no size or bag limit), and a 
maximum of two deer per day, during the family hunt, except only one 
deer may be antlerless for each day of the family and senior hunts.
    (vii) Hunters must fill out a Big Game Harvest Report (FWS Form 3-
2359) and check all game harvested during all deer and hog hunts.
    (viii) Hunters may take only bearded turkeys and only during the 
State Zone C youth turkey hunts and spring turkey season.
    (ix) Shooting hours for spring turkey begin \1/2\ hour before legal 
sunrise and end at 1 p.m.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit taking of frogs and turtles (see Sec.27.21 of this 
chapter).
    (ii) We prohibit the use or possession of alcohol while fishing on 
the refuge.
    (j) Merritt Island National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, merganser, and coot in designated 
areas of the refuge subject to the following conditions:
    (i) You must possess and carry a current, signed Merritt Island 
National Wildlife Refuge hunt permit (signed brochure, non-transferable) 
at all times while hunting waterfowl on the refuge.
    (ii) You must carry (or hunt within 30 yards of a hunter who 
possesses) a valid State-issued Merritt Island Waterfowl Quota Permit, 
while hunting in areas 1 or 4 during the State's regular waterfowl 
season. The Waterfowl Quota Permit can be used for a single party 
consisting of the permit holder and up to three guests. The permit 
holder must be present. The Waterfowl Quota Permit is a limited entry 
quota permit, is zone-specific, and is nontransferable.
    (iii) During the State's waterfowl season, we allow hunting on 
Wednesdays, Saturdays, Sundays, and the following Federal holidays: 
Thanksgiving, Christmas, and New Year's Day.
    (iv) We prohibit hunters entering the normal or expanded restricted 
areas of the Kennedy Space Center (KSC).
    (v) We allow hunting of waterfowl on refuge-established hunt days 
from \1/2\ hour before legal sunrise until 12 p.m. (noon). Hunters must 
remove all equipment and check out at the refuge check station prior to 
1 p.m. each day.
    (vi) You may enter the refuge no earlier than 4 a.m. for the purpose 
of waterfowl hunting.
    (vii) We require an adult, age 18 or older, to supervise hunters age 
15 and younger. The adult must remain within sight and normal voice 
contact of the youth hunter.
    (viii) We prohibit hunting or shooting within 25 feet (7.6 meters), 
or shooting from any portion, of a dike, dirt road, or railroad grade.
    (ix) We prohibit hunting or shooting within 150 yards (135 meters) 
of SR 402, SR 406, or any paved road right-of-way. We prohibit shooting 
over any dike or roadway.
    (x) You must stop at a posted refuge waterfowl check station and 
report statistical hunt information on the Migratory Bird Hunt Report 
(FWS Form 3-2361) to refuge personnel.
    (xi) When inside the impoundment perimeter ditch, you may use 
gasoline or diesel motors. Outside the perimeter ditch, you must propel 
vessels by paddling, push pole, or electric trolling motor.
    (2) [Reserved]
    (3) Big game hunting. We allow the hunting of white-tailed deer and 
feral hog in designated areas of the refuge subject to the following 
conditions:
    (i) We require a State-issued Merritt Island National Wildlife 
Refuge Big Game Quota Hunt Permit. The Quota Hunt Permit is a limited 
entry quota permit, is zone-specific, and is nontransferable.
    (ii) You must have a valid signed Big Game Hunt Permit (signed 
annual hunt brochure).
    (iii) We prohibit hunters entering the normal or expanded restricted 
areas of the Kennedy Space Center (KSC).
    (iv) We allow hunting within the State's deer season on specific 
days as defined by the refuge hunt brochure. Each hunt will be a 3-day 
weekend. Legal shooting hours are \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
    (v) Hunters possessing a valid permit (State-issued permit) may 
access the refuge no earlier than 4 a.m. and must

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leave the refuge no later than 2 hours after legal sunset. If you wish 
to track wounded game beyond 2 hours after legal sunset, you must gain 
consent from a Federal Wildlife Officer to do so.
    (vi) We prohibit hunting from refuge roads or within 150 yards of 
roads open to public vehicle traffic or within 200 yards of a building 
or Kennedy Space Center facility.
    (vii) Each permitted hunter may have one adult guest and one youth 
hunter per adult. All guests must remain within 30 yards of the 
permitted hunter. The party must share a single bag limit. Each adult 
may supervise one youth hunter and must remain within sight and normal 
voice contact.
    (viii) You may set up stands or blinds up to 7 days prior to the 
permitted hunt; you must remove them on the last day of your permitted 
hunt. You must clearly mark stands and blinds with your Florida State 
customer identification (ID) number found on your hunting license. You 
may have no more than one stand or blind per person on the refuge at any 
time. You must place a stand or blind for a youth hunter within sight 
and normal voice contact of the supervisory hunter's stand and mark it 
with the supervisory hunter's Florida State customer ID number and the 
word ``YOUTH.''
    (ix) We prohibit all scouting in the hunt area during the quota 
hunt.
    (x) If you use flagging or other trail-marking material, you must 
print your Florida State customer ID number on each piece or marker. You 
may set out flagging and trail markers up to 7 days prior to the 
permitted hunt, and you must remove them on the last day of the 
permitted hunt.
    (xi) We allow hunters possessing a valid permit to scout within 
their permitted zones up to 7 days prior to their permitted hunts. You 
must carry your valid Quota Hunt Permit identifying the permitted hunt 
zone while scouting.
    (xii) You must be on your stand or in your blind while hunting.
    (xiii) We prohibit stalking or moving through the hunt area while 
hunting.
    (xiv) We prohibit using dogs for tracking unless authorized by a 
Federal Wildlife Officer. Dogs must remain on a leash and be equipped 
with a GPS tracking device.
    (xv) You may field dress game; however, we prohibit cleaning game 
within 150 yards of any public area, road, game-check station, or gate. 
We prohibit dumping game carcasses on the refuge.
    (xvi) Archery hunters must wear at least 500 square inches (3,226 
square centimeters) of solid fluorescent-orange color while moving to 
and from their vehicles, while moving to their stands or hunting spots, 
and while tracking or dragging out game.
    (xvii) There is no bag limit or size limit for the take of feral 
hogs.
    (xviii) You must stop at one of two check stations and report 
statistical hunt information on the Self-Clearing Check-In/Out Permit 
(FWS Form 3-2405).
    (4) Sport fishing. We allow recreational fishing, crabbing, 
clamming, and shrimping on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess a current, signed refuge fishing permit (signed 
brochure) at all times while fishing on the refuge.
    (ii) We prohibit anglers entering the normal or expanded restricted 
areas of the Kennedy Space Center (KSC).
    (iii) We prohibit fishing after legal sunset or before legal 
sunrise, except that we allow fishing at night from a vessel in the open 
waters of Mosquito Lagoon, Indian River Lagoon, Banana River, and 
Haulover Canal.
    (iv) You may launch boats for night fishing and boating activities 
only from Bair's Cove, Beacon 42, and Biolab boat ramps.
    (v) We prohibit crabbing or fishing from Black Point Wildlife Drive 
or any side road connected to Black Point Wildlife Drive except from L 
Pond Road.
    (vi) We prohibit launching boats, canoes, or kayaks from Black Point 
Wildlife Drive or any side road connected to Black Point Wildlife Drive 
except from L Pond Road.
    (vii) Anglers and crabbers must attend their lines at all times.
    (viii) We prohibit harvesting and possession of horseshoe crab, 
frog, turtle,

[[Page 347]]

snake, and/or other wildlife (see Sec.27.21 of this chapter).
    (ix) We prohibit use of personal watercraft, kite surfing, kite 
boarding, wind surfing, sail boarding, use of air-thrust boats, and use 
of hovercraft on the refuge or in refuge waters.
    (x) 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).
    (xi) We allow vessels drafting 12 inches (30 centimeters) or less 
(measured while vessel is fully stopped) to be propelled only by poling, 
paddling, drifting, or electric trolling motors in the established Pole 
& Troll Zone(s), except in the posted running channels.
    (xii) We prohibit fish cleaning on refuge property.
    (xiii) We prohibit fishing from, or in the immediate vicinity of, 
the Manatee Viewing Deck on the northeast side of Haulover Canal.
    (xiv) When inside the impoundment perimeter ditch, you may use 
gasoline or diesel motors. Outside the perimeter ditch, you must propel 
vessels by paddling, push pole, or electric trolling motor.
    (k) Pelican Island National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing year-round.
    (ii) We allow bank fishing from spoil islands during daylight hours 
only.
    (l) Pinellas National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing year-round on designated 
areas of the refuge subject to the following condition: We allow fishing 
only from vessels in the waters surrounding Tarpon Key.
    (m) St. Marks National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck and coot on designated areas of the 
refuge subject to the following conditions:
    (i) You must remove blinds at the end of each day's hunt (see Sec.
27.93 of this chapter).
    (ii) We allow the use of dogs to recover game.
    (iii) Hunters may access the hunt area by boat.
    (2) Upland game hunting. We allow hunting of grey squirrel, rabbit, 
and raccoon on designated areas of the refuge subject to the following 
conditions:
    (i) We require refuge permits (signed brochure) for hunting upland 
game. Each hunter must possess and carry a signed refuge permit while 
participating in a hunt.
    (ii) All hunters must wear 500 square inches (3,250 square 
centimeters) of fluorescent orange above the waistline while in a 
designated hunting unit during a refuge hunt.
    (iii) You may only use .22 caliber or smaller rim-fire rifles, 
shotguns (4 bird shot or smaller) (see Sec.32.2(k)), or muzzleloaders 
to harvest squirrel, rabbit, and raccoon. In addition, you may use 
shotgun slugs, buckshot, archery equipment including crossbows, center 
fire weapons, or pistols to take feral hogs.
    (iv) We allow the use of leashed dogs for trailing injured or 
harvested game.
    (v) We prohibit hunting from any named or numbered road (with the 
exception of persons hunting during the mobility-impaired hunt).
    (vi) We prohibit cleaning of game within 1,000 feet (300 meters) of 
any residence, developed public recreation area, or game check station.
    (vii) You must check out all game taken at a game check station. You 
must use the State harvest recording system to check out all white-tail 
deer harvested on the refuge.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey in areas and during seasons designated in the hunting 
brochure subject to the following conditions:
    (i) We require State-issued refuge permits. Permits are 
nontransferable. Each hunter must possess and carry a signed permit when 
participating in a hunt.
    (ii) The conditions set forth at paragraphs (m)(2)(ii) and (iv) 
through (vii) of this section apply.
    (iii) We allow feral hog to be taken during any refuge hunt. There 
is no limit on the size or number of feral hogs that hunters may take.
    (iv) There is a two deer limit per hunt, as specified at paragraph

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(m)(3)(vi) of this section, except during the youth hunt, when the limit 
is as specified at paragraph (m)(3)(vii) of this section. The limit for 
turkey is one per hunt.
    (v) We prohibit the use of deer decoys.
    (vi) The bag limit for white-tailed deer is two deer per hunt, 
either two antlerless deer or one antlerless deer and one antlered deer. 
State regulations define antlerless deer as deer with no antler or 
antlers less than 5 inches (12.75 centimeters). Antlered deer must have 
at least three points, 1 inch (2.5 centimeters) or greater on one 
antler, to be harvested.
    (vii) There is one youth white-tailed deer hunt and one youth turkey 
hunt for youth ages 12 to 17. During these hunts, only the youth hunter 
may handle or discharge firearms used for hunting. An adult age 21 or 
older must accompany and remain in sight and normal voice contact of 
each youth hunter. There is no limit on the number of hogs a youth 
hunter may harvest during these hunts.
    (A) Youth white-tailed deer hunt harvest limits. (1) Youth hunters 
age 12 to 15 may harvest two deer, either two antlerless deer or one 
antlerless and one antlered. State regulations define antlerless deer as 
deer with no antler or antlers less than 5 inches (12.75 centimeters). 
There are no restrictions on antler size for youth hunters age 12 to 15.
    (2) Youth hunters age 16 or 17 may harvest two deer, either two 
antlerless or one antlerless and one antlered. State regulations define 
antlerless deer as deer with no antler or antlers less than 5 inches 
(12.75 centimeters). Antlered deer must have at least two points, 1 inch 
(2.5 centimeters) or greater on one antler, to be harvested by youth 
hunters age 16 or 17.
    (B) Youth turkey hunt harvest limit. The limit is one bearded turkey 
per youth hunter.
    (viii) Mobility-impaired hunters may have an assistant accompany 
them. You may transfer permits (State-issued permit) issued to 
assistants. We limit those hunt teams to harvesting white-tailed deer 
and feral hog within the limits provided at paragraph (m)(3)(vi) of this 
section.
    (ix) You may harvest one bearded turkey per hunt. You may only use 
shotguns or archery equipment, including crossbows, to harvest turkey. 
We prohibit hunting after 1 p.m.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit taking blue crabs from impounded water on the St. 
Marks Unit.
    (ii) We only allow fishing in refuge lakes, ponds, and impoundments 
from \1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
    (iii) We allow fishing in tidal and coastal waters 24 hours per day 
year-round.
    (iv) We prohibit taking of frogs or turtles (see Sec.27.21 of this 
chapter).
    (v) We prohibit use of cast nets or traps to take fish from any 
lake, pond, or impoundment on the refuge.
    (vi) You must attend all fishing equipment.
    (vii) We prohibit bow fishing on refuge lakes, ponds, and 
impoundments.
    (viii) 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 anglers access 
from County Road 372 are open year-round for fishing and boating.
    (n) St. Vincent National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer, sambar 
deer, raccoon, and feral hog on designated areas of the refuge subject 
to the following conditions:
    (i) We require refuge permits (hunters apply through State for 
license, and the State charges a fee). The permits are nontransferable, 
and the hunter must possess them while hunting. Only signed permits are 
valid. We only allow people with a signed refuge hunt permit or the 
helpers of mobility-impaired hunters on the island during the hunt 
periods.
    (ii) We authorize three refuge hunts: Sambar deer, white-tailed deer 
archery, and white-tailed deer muzzleloader. During the sambar deer 
hunt, only sambar deer, feral hog, and raccoon can be harvested. During 
the white-tailed deer hunts, only white-

[[Page 349]]

tailed deer, feral hog, and raccoon can be harvested.
    (iii) We restrict access to St. Vincent Island to the Indian Pass 
and West Pass campsites. The hunt brochure lists check-in and check-out 
procedures. We restrict access to the hunt areas to foot or bicycle 
travel.
    (iv) Hunt hours are \1/2\ hour before legal sunrise until 3 p.m. for 
the sambar deer hunt.
    (v) You may set up tree stands only after you check in, and you must 
remove them from the island at the end of the hunt (see Sec. Sec.27.93 
and 27.94 of this chapter).
    (vi) You may retrieve game from the closed areas only if accompanied 
by a refuge staff member or a Federal Wildlife Officer.
    (vii) We limit weapons to primitive weapons (bow and arrow, 
muzzleloader, and crossbow) on the primitive weapons sambar deer hunt 
and the primitive weapons white-tailed deer hunt. We limit the archery 
hunt to bow and arrow, and crossbow. You may take feral hog and raccoon 
only with the weapons allowed for that period.
    (viii) We allow only stand, still, and stalk hunting. We prohibit 
organized deer drives. We define a ``deer drive'' as an organized or 
planned effort to pursue, drive, chase, or otherwise frighten or cause 
deer to move in the direction of any person(s) who is part of the 
organized or planned hunt and known to be waiting for the deer.
    (ix) You may only discharge muzzleloaders at the designated 
discharge area between 5 a.m. and 9 p.m.
    (x) 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.
    (xi) Bag limits are:
    (A) Muzzleloader weapons sambar deer hunt. One sambar deer of either 
sex; no limit on feral hog or raccoon.
    (B) Archery hunt. One white-tailed deer of either sex. Antlered deer 
must have at least two points, 1 inch (2.5 centimeters) or more on one 
antler, to be harvested. State regulations define antlerless deer as 
deer with no antler or antlers less than 5 inches (12.75 centimeters). 
Youth age 15 or younger may harvest any deer except spotted fawn. We 
prohibit harvesting of spotted fawns. There is no limit on feral hog or 
raccoon.
    (C) Muzzleloader weapons white-tailed deer hunt. One white-tailed 
deer. Antlered deer must have at least two points, 1 inch (2.5 
centimeters) or more in length on one antler, to be harvested. We issue 
a limited number of either-sex tags. If you have an either-sex tag, the 
bag limit is one deer that may be antlerless or antlered with legal 
antler configuration. State regulations define antlerless deer as deer 
with no antler or antlers less than 5 inches (12.75 centimeters). Youth 
age 15 or younger may harvest any deer except spotted fawn. We prohibit 
harvesting of spotted fawns. There is no limit on feral hog or raccoon.
    (xii) We prohibit bringing live game into the check station.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) You may fish from \1/2\ hour before legal sunrise to \1/2\ hour 
after legal sunset year-round.
    (ii) We prohibit the use of live minnows as bait.
    (iii) We allow the use of only rods and reels or poles and lines in 
refuge lakes. Anglers must attend their fishing equipment at all times.
    (iv) We prohibit the taking of frog and/or turtle (see Sec.27.21 
of this chapter).
    (o) Ten Thousand Islands National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of duck and coot on designated areas 
of the refuge subject to the following conditions:
    (i) We allow hunting each day during the early wood duck/teal 
season.
    (ii) We allow hunting only on Wednesdays, Saturdays, Sundays, and 
Federal holidays that fall within the State's waterfowl season, 
including Thanksgiving, Christmas, and New Year's Day.
    (iii) Hunters must possess and carry a valid, signed refuge permit 
(signed brochure) at all times while hunting on the refuge.
    (iv) We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon). Hunters may enter the refuge no earlier than 4 a.m. and 
must remove

[[Page 350]]

all decoys, guns, blinds, and other related equipment by 1 p.m. each day 
(see Sec.27.93 of this chapter).
    (v) We prohibit hunting within 100 yards (90 meters) of the south 
edge of U.S. 41 and the area posted around Marsh Trail extending south 
from U.S. 41.
    (vi) We allow the use of dogs for waterfowl retrieval and prehunt 
scouting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing and crabbing on the refuge 
on designated areas subject to the following conditions:
    (i) We allow fishing in the freshwater and brackish marsh area of 
the refuge year-round from legal sunrise to legal sunset.
    (ii) We prohibit the taking of snake, turtle, frog, and other 
wildlife in the freshwater and brackish marsh area of the refuge (see 
Sec.27.21 of this chapter).
    (iii) We prohibit the use of trotlines, gigs, spears, bush hooks, 
and snatch hooks in the freshwater and brackish marsh area of the 
refuge.
    (iv) Anglers and crabbers must attend their lines at all times.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54107, Aug. 31, 2020]



Sec.32.29  Georgia.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Banks Lake National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow alligator hunting on designated areas 
of the refuge subject to the following condition: We only allow 
alligator hunting during the first two weekends (from legal sunset 
Friday through legal sunrise Monday) of the State alligator season.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow the use of only pole and line or rod and reel, which 
the angler must attend at all times.
    (ii) We allow sport fishing after legal sunset.
    (iii) We permit fishing tournaments by Special Use Permit (General 
Activities Special Use Permit Application, FWS Form 3-1383-G) issued by 
the refuge manager.
    (b) Blackbeard Island National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We require a refuge hunt permit (electronic form) for all 
hunters age 16 and older. Hunters must sign the permit and carry it with 
them at all times when hunting.
    (ii) 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.
    (iii) 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 
by the end of each hunt (see Sec.27.93 of this chapter).
    (iv) Hunters must check-in at the refuge dock prior to setting up 
camp. We require personal identification at check-in.
    (v) Only hunters may camp at the designated camping area during 
refuge hunts.
    (vi) For hunting, we allow only bows as governed by State 
regulations.
    (vii) Hunters may take five deer (no more than two antlered), and we 
will issue State bonus tags for two of these. There is no bag limit on 
feral hog.
    (viii) Refuge personnel must check deer harvested during the 
scheduled hunt before hunters may remove them from the refuge.
    (ix) Hunters must be off the island by 12 p.m. (noon) on Sunday.
    (x) We allow mooring of boats to the government dock only for 
loading and unloading purposes.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow saltwater fishing year-round in the estuarine waters 
adjacent to the refuge.
    (ii) We allow bank/beach saltwater fishing into estuarine waters 
only from legal sunrise to legal sunset except during managed hunts.
    (c) Bond Swamp National Wildlife Refuge--(1) Migratory game bird 
hunting. We

[[Page 351]]

allow hunting of waterfowl on designated areas of the refuge subject to 
the following conditions:
    (i) You must possess and carry a signed refuge hunt permit (signed 
brochure) and an additional refuge quota hunt permit for the quota hunts 
while hunting.
    (ii) We allow the incidental take of feral hog with legal weapons 
during open season.
    (iii) We require hunters to report all harvested game at the check 
station before leaving the refuge (see hunting brochure).
    (iv) We allow access to the hunt area from 2 hours before legal 
sunrise until 2 hours after legal sunset.
    (v) We allow the use of dogs for retrieving downed waterfowl during 
waterfowl hunts.
    (vi) We prohibit hunting within 50 yards (45 meters (m)) of a road 
open to vehicle travel or within 200 yards (180 m) of a building.
    (vii) We prohibit entry into the designated hunt area by nonhunters 
during all quota deer-gun and waterfowl hunts.
    (viii) We prohibit removal of live hogs from the refuge.
    (ix) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (x) Youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older possessing a valid 
hunting license.
    (xi) We prohibit all-terrain vehicles (ATVs) on the refuge except by 
wheelchair-bound hunters with a refuge Special Use Permit (General 
Activities--Special Use Permit Application, FWS Form 3-1383-G).
    (xii) We prohibit leaving vehicles, boats, trailers, or decoys on 
the refuge overnight (see Sec.27.93 of this chapter).
    (xiii) We prohibit the possession or use of any suppressors or 
silencers on any firearm.
    (xiv) We prohibit the possession or use of any trail or game camera 
or leaving any other hunting-related electronic device on the refuge.
    (xv) We prohibit the possession or use of any night vision or 
thermal imaging equipment.
    (xvi) We prohibit the possession or use of any electronic calls.
    (xvii) We prohibit falconry.
    (xviii) You may only place temporary blinds, blind material, and/or 
decoys on the day of the hunt, and you must remove them by 1:00 p.m. on 
that same day.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, and 
quail on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(ii) through (iv), 
(vi), and (viii) through (xvii) of this section apply.
    (ii) We require you to possess and carry a signed refuge hunt permit 
(signed brochure) while hunting for upland game. The hunt brochure will 
serve as your hunt permit.
    (iii) We require each small game hunter to wear at least 500 square 
inches (3,250 square centimeters) of hunter orange as an outer garment 
above the waist during small game hunts.
    (iv) We allow the use of dogs when hunting for squirrel, rabbit, and 
quail.
    (v) You may place tree stands and hunting blinds during upland game 
and big game hunts on the day prior to each upland game and big game 
hunt. You must remove tree stands and hunting blinds by 11 a.m. on the 
day after the hunt.
    (3) Big game hunting. We allow hunting for white-tailed deer, feral 
hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) through (iv), 
(vi) through (ix), and (xi) through (xvii) and (c)(2)(v) of this section 
apply.
    (ii) We prohibit the use of buckshot.
    (iii) We prohibit the use of dogs during deer and feral hog hunts.
    (iv) We require each deer and feral hog hunter to wear at least 500 
square inches (3,250 square centimeters) of hunter orange as an outer 
garment above the waist during hunts.
    (v) Youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or

[[Page 352]]

older possessing a valid hunting license. One adult may supervise no 
more than one youth hunter.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from March 1 to October 31, except on the 
Ocmulgee River, which is open to fishing year-round.
    (ii) We allow access to the refuge and fishing only from legal 
sunrise to legal sunset.
    (iii) We only allow fishing with pole and line or rod and reel.
    (iv) The conditions set forth at paragraphs (c)(1)(xi) and (xii) of 
this section apply.
    (v) We prohibit use or possession of alcoholic beverages while 
fishing on the refuge.
    (vi) We require you to possess and carry a signed refuge fishing 
permit (signed brochure) while fishing.
    (vii) Youth anglers age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older who possesses a valid 
fishing license.
    (d) Eufaula National Wildlife Refuge. Refer to Sec.32.20(d) for 
regulations.
    (e) Harris Neck National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We require a refuge hunt permit (electronic form) for all 
hunters age 16 and older. Hunters must sign the permit and carry it with 
them at all times when hunting.
    (ii) Each hunter may place one stand on the refuge during the week 
preceding each hunt, but you must remove stands by the end of each hunt 
(see Sec.27.93 of this chapter).
    (iii) We prohibit hunting within 100 yards (91.4 meters) of Harris 
Neck Road, the refuge entrance drive, Visitor Contact Station/Office, 
Barbour River Landing, Barbour River Road, or Gould's Cemetery.
    (iv) We require hunters to check-in and check-out each hunt day. We 
require personal identification to check-in and check-out.
    (v) We require hunters to check all harvested game at the check 
station before leaving the refuge each day.
    (vi) Hunters may take five deer (no more than two antlered), and we 
will issue State bonus tags for two of these. There is no bag limit for 
feral hog.
    (vii) During the gun hunt, we allow only shotguns (20 gauge or 
larger; slugs only), muzzleloaders, and bows as governed by State 
regulations.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow saltwater fishing year-round in the estuarine waters 
adjacent to the refuge.
    (ii) We allow bank fishing into estuarine waters only from legal 
sunrise to legal sunset except during managed hunts.
    (iii) We prohibit freshwater fishing.
    (f) Okefenokee National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow the hunting of rabbit, squirrel, 
and bobwhite quail on designated areas of the refuge subject to the 
following condition: We allow the use of dogs only to locate, point, and 
retrieve during quail hunts.
    (3) Big game hunting. We allow hunting of turkey and white-tailed 
deer, and feral hog as incidental take, on designated areas subject to 
the following conditions:
    (i) In the Pocket Unit:
    (A) We only allow archery hunting and foot traffic.
    (B) Hunters must sign in and out each hunt day and record harvest 
each day.
    (ii) In the Suwannee Canal Recreation Area:
    (A) We allow only shotguns or muzzleloaders.
    (B) We require a refuge permit (Big/Upland Game Hunt Application, 
FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) 
obtained through refuge lottery.
    (C) Hunters must sign in and out each day and record harvest each 
day.
    (D) You must tag your deer with special refuge tags.
    (E) Harvest limit is two deer of either sex per day.
    (F) We zone Chesser Island Hunt area to accommodate mobility-
impaired and

[[Page 353]]

youth hunters. Only mobility-impaired hunters may use all-terrain 
vehicles (ATVs) and vehicles on firebreaks and unpaved roads.
    (iii) In the Cowhouse Unit, State of Georgia's Dixon Memorial 
Wildlife Management Area rules, regulations, dates, and times apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit possession of live bait fish.
    (ii) We allow the use of only pole and line or rod and reel as 
methods of take.
    (g) Piedmont National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, raccoon, and opossum on designated areas of the refuge subject 
to the following conditions:
    (i) We prohibit upland game hunting during refuge deer or turkey 
hunts.
    (ii) You must possess and carry a signed refuge hunt permit (signed 
brochure) while hunting.
    (iii) We require a signed refuge hunt permit (signed brochure) to 
hunt on the Hitchiti Experimental Forest.
    (iv) We allow access to the hunt area from 2 hours before legal 
sunrise until 2 hours after legal sunset.
    (v) 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.
    (vi) We only allow .22 caliber or smaller rimfire firearms for 
raccoon and opossum hunting.
    (vii) We allow the use of dogs on designated areas of the refuge for 
hunting quail, squirrel, rabbit, raccoon, and opossum.
    (viii) We prohibit possession or use of any suppressors or silencer 
on any firearms.
    (ix) We prohibit possession or use of trail or game cameras or 
leaving any other hunting-related electronic device on the refuge.
    (x) We prohibit possession or use of any night vision or thermal 
imaging equipment.
    (xi) We prohibit possession or use of any electronic calls.
    (xii) We prohibit falconry.
    (xiii) Youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older who possesses a valid 
hunting license.
    (3) Big game hunting. We allow hunting for white-tailed deer, 
turkey, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (g)(2)(iii), (iv), and 
(viii) through (xi) of this section apply.
    (ii) You must possess and carry a signed refuge hunt permit (signed 
brochure), and possess and carry an additional refuge quota hunt permit 
(requires contact information only) for the quota hunts, while hunting.
    (iii) We prohibit buckshot.
    (iv) We prohibit hunting within 50 yards (45 meters (m)) of a road 
open to vehicle travel or within 200 yards (180 m) of a building.
    (v) 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.
    (vi) We prohibit all-terrain vehicles (ATVs) on the refuge except by 
wheelchair-bound hunters with a special use permit (General Activities--
Special Use Permit Application, FWS Form 3-1383-G).
    (vii) We prohibit dogs for hunting big game.
    (viii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (ix) Youth hunters age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older who possesses a valid 
hunting license. One adult may supervise no more than one youth hunter.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from March 15 to September 30.
    (ii) We allow access to the refuge and fishing from only legal 
sunrise to legal sunset.

[[Page 354]]

    (iii) You may keep the following numbers of fish each day: Bass--5, 
channel catfish--5, sunfish or bream--15, and crappie--15.
    (iv) We allow nonmotorized boats or boats with electric motors on 
all ponds designated as open to fishing.
    (v) We prohibit use or possession of alcoholic beverages while 
fishing on the refuge.
    (vi) We allow fishing only with pole and line or rod and reel.
    (vii) We prohibit leaving boats or other personal equipment on the 
refuge overnight (see Sec.27.93 of this chapter).
    (viii) We prohibit the use of fish for bait and the possession of 
minnows.
    (ix) We prohibit possession or take of grass carp. You must 
immediately release any grass carp caught.
    (x) We require you to possess and carry a signed refuge fishing 
permit (signed brochure) while fishing.
    (xi) Youth anglers age 15 and younger must remain within sight and 
normal voice contact of an adult age 21 or older who possesses a valid 
fishing license.
    (h) Savannah National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl and mourning dove on designated 
areas of the refuge subject to the following conditions:
    (i) All hunters age 16 and older must possess and carry a signed 
refuge hunt permit (requires contact information only).
    (ii) To participate in the quota youth waterfowl hunt, youth hunters 
must submit the Waterfowl Lottery Application (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System).
    (iii) You may take feral hog and coyote during all refuge hunts 
(migratory bird, upland, and big game) with weapons authorized and legal 
for those hunts.
    (iv) We allow the incidental take of armadillo, beaver, opossum, and 
raccoon during all refuge hunts (migratory bird, upland, and big game) 
with firearms and other equipment authorized for use on refuge lands in 
Georgia only.
    (v) We allow the use of dogs for retrieving migratory birds.
    (2) Upland game hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i), (iii), and 
(iv) of this section apply.
    (ii) You may not hunt on or within 100 yards (90 meters) of public 
roads, refuge facilities, roads and trails, and railroad rights-of-way, 
or in closed areas.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
alligator, feral hog, and coyote on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i), (iii), and 
(iv) of this section apply.
    (ii) To participate in the quota gun hunt for wheelchair-dependent 
hunters, hunters must submit the Quota Deer Hunt Application (FWS Form 
3-2439, Hunt Application--National Wildlife Refuge System). To 
participate in the quota youth turkey hunt and learn weekend, youth 
hunters must submit the Big/Upland Game Hunt Application (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
    (iii) You may only use bows, as governed by State regulations, for 
deer, feral hog, and coyote hunting during the archery hunt for these 
species.
    (iv) You may only use shotguns (20 gauge or larger, slugs only), 
centerfire rifles, centerfire pistols, muzzleloaders, and bows, as 
governed by State regulations, for deer, feral hog, and coyote hunting 
during the firearm hunts for these species.
    (v) Hunters may take as many as five deer (no more than two 
antlered). There is no bag limit on feral hog or coyote.
    (vi) We allow only shotguns with approved nontoxic 2 shot or 
smaller, and bows, as governed by State regulations, for turkey hunting. 
We prohibit the use of slugs or buckshot for turkey hunting.
    (vii) We prohibit catch-and-release of alligators.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Anglers may fish in refuge impoundments and canals from March 1 
through November 30 annually.

[[Page 355]]

    (ii) Anglers may fish in Kingfisher Pond and all tidal creeks year-
round.
    (iii) We allow fishing from legal sunrise to legal sunset.
    (iv) Anglers may bank fish year-round throughout the refuge, unless 
otherwise posted.
    (v) Anglers may only use nonmotorized boats and boats with electric 
motors within impounded waters.
    (i) Wassaw National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We require a refuge hunt permit for all hunters age 16 and 
older. Hunters must sign the permit and carry it with them at all times 
when hunting.
    (ii) Refuge personnel must check deer harvested during scheduled 
hunts before hunters leave the refuge.
    (iii) Hunters may take five deer (no more than two antlered), and we 
will issue State bonus tags for two of these. There is no bag limit on 
feral hog.
    (iv) We prohibit the use of buckshot.
    (v) We allow mooring of boats to the government dock only for 
loading or unloading purposes.
    (vi) Hunters must check-in at the refuge dock prior to setting up 
camp. We require personal identification at check-in.
    (vii) We allow only hunters to camp at the designated camping area 
while participating in refuge hunts.
    (viii) 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).
    (ix) Hunters must be off the island by 12 p.m. (noon) the day 
following the last day of the hunt.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow saltwater fishing year-round in the estuarine waters 
adjacent to the refuge.
    (ii) We allow bank/beach fishing into estuarine waters only from 
legal sunrise to legal sunset except during managed hunts.
    (iii) We prohibit freshwater fishing.
    (j) Wolf Island National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions: We allow saltwater fishing 
year-round in the estuarine waters adjacent to the refuge.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54109, Aug. 31, 2020]



Sec.32.30  Hawaii.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Hanalei National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (b) Kakahaia National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow saltwater fishing on designated areas of 
the refuge.
    (c) Kilauea Point National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow saltwater fishing on designated areas of 
the refuge.



Sec.32.31  Idaho.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bear Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and snipe on designated 
areas of the refuge subject to the following conditions:
    (i) We allow boats, except air thrust boats, after September 20 
within the designated refuge hunting areas, for the purposes of hunting.
    (ii) 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, decoys, 
boats, and other personal property from the refuge at the end of each 
day's hunt (see Sec.27.93 of this chapter).

[[Page 356]]

    (2) Upland game hunting. We allow hunting of pheasant, grouse, 
partridge, and cottontail rabbit on designated areas of the refuge.
    (3) [Reserved]
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following condition: We prohibit use and 
possession of lead weights or sinkers.
    (b) Camas National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of duck, goose, coot, and snipe on designated areas of 
the refuge subject to the following conditions:
    (i) We allow hunters to access the refuge 1 hour before legal 
shooting time.
    (ii) 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, decoys, 
and other personal property at the end of each day's hunt (see Sec.
27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of pheasant, grouse, and 
partridge on designated areas of the refuge.
    (3)-(4) [Reserved]
    (c) Deer Flat National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, common snipe, and dove 
on designated areas of the refuge subject to the following conditions:
    (i) Hunters in the South Side Recreation Area may use float tubes, 
nonmotorized boats, or boats equipped with electric motors within 200 
yards (180 meters) of the shoreline. We prohibit the use or possession 
of gas-powered motors.
    (ii) You must remove boats, decoys, blinds, other personal property, 
and any materials brought onto the refuge for blind construction at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iii) Hunters may enter the refuge 1 hour before official shooting 
hours (\1/2\ hour before legal sunrise), and remain on the refuge until 
1 hour after official shooting hours (legal sunset).
    (iv) We allow the use of dogs for hunting.
    (2) Upland game hunting. We allow hunting of pheasant, quail, and 
partridge on designated areas of the refuge subject to the following 
condition: The condition set forth at paragraph (c)(1)(iv) of this 
section applies.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) You must obtain a refuge-specific hunting permit (signed 
brochure) to hunt deer on the Lake Lowell Unit. Hunters must sign and 
carry the permit in the field while hunting.
    (ii) Hunters may place up to two portable deer stands in the Lake 
Lowell Unit. Hunters must place stands/platforms by hand. Hunters may 
place stands/platforms on the refuge no earlier than the beginning date 
of the assigned hunt permit and must remove them no later than the 
ending date of the hunt permit. Each stand must display the hunter's 
hunting license number so that it is legible from the ground.
    (iii) In the Lake Lowell Unit, you may only shoot deer while hunting 
from an elevated tree stand/platform. We prohibit ground stalking and/or 
still hunting from the ground. We prohibit shooting a firearm or bow 
while on the ground, except to kill a downed deer.
    (iv) Hunters may enter the Lake Lowell Unit no earlier than 2 hours 
before official shooting hours (\1/2\ hour before legal sunrise) and 
must leave the area within 2 hours after official shooting hours (\1/2\ 
hour after legal sunset). Successful hunters may extend their departure 
time only as long as is necessary to retrieve dead deer.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) From October 1 through April 14, we allow ice fishing on the 
Lake Lowell Unit, unless otherwise posted by the Bureau of Reclamation.
    (ii) We allow fishing from nonmotorized boats in designated areas of 
the Lake Lowell Unit from October 1 through April 14, from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    (iii) From February 1 through June 30, we prohibit fishing from all 
islands in the Snake River Islands Unit.
    (d) Grays Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We

[[Page 357]]

allow hunting of duck, goose, coot, and snipe on designated areas of the 
refuge subject to the following conditions:
    (i) Blinds will be available for general use on a first-come, first-
served basis. You must remove portable blinds, decoys, boats, and other 
personal property from the refuge at the end of each day's hunt (see 
Sec.27.93 of this chapter).
    (ii) We allow only hunters and dogs to retrieve game in designated 
hunting areas.
    (2)-(4) [Reserved]
    (e) Kootenai National Wildlife Refuge-- (1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and snipe on designated 
areas of the refuge subject to the following conditions:
    (i) We allow hunting only on Tuesdays, Thursdays, Saturdays, and 
Sundays.
    (ii) We allow the use of dogs when hunting.
    (iii) We prohibit the discharge of firearms in posted retrieval 
zones and areas closed to hunting.
    (iv) Hunters may access the waterfowl hunt area no earlier than 3 
a.m. and must leave no later than 1 hour after legal sunset.
    (2) Upland game hunting. We allow hunting of forest grouse and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) You may possess only approved nontoxic shot shells (see Sec.
32.2(k)) while in the field.
    (ii) We allow the use of dogs when hunting forest grouse and for 
turkey during the fall hunt.
    (3) Big game hunting. We allow hunting of deer, elk, black bear, 
moose, and mountain lion on designated areas of the refuge subject to 
the following conditions:
    (i) We allow hunting of deer at the designated accessible blind for 
hunters with disabilities subject to the following conditions:
    (A) You must obtain a Special Use Permit (FWS Form 3-1383-G) from 
the refuge manager to use the accessible blind.
    (B) We only allow deer hunting at the accessible blind using the 
following weapons: Muzzleloader, archery equipment, crossbow, shotgun, 
or handgun. For shotguns, you may only use slugs. For handguns, you may 
only use straight-walled cartridges not originally established for 
rifles.
    (ii) You may possess only approved nontoxic ammunition for hunting 
(see Sec.32.2(k)).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We allow bank fishing only.
    (f) Minidoka National Wildlife Refuge--(1) (1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, snipe, dove, and crow on 
designated areas of the refuge subject to the following conditions:
    (i) We allow only hunters and dogs to retrieve game in designated 
hunting areas.
    (ii) 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 at the 
end of each day's hunt (see Sec.27.93 of this chapter). We prohibit 
use of rock piles above the high-water mark for blind construction.
    (iii) On West Hunting Area (Lake Walcott), we allow hunting on the 
uplands and over water within 100 yards (90 meters) of the shoreline. We 
allow use of boats only for retrieval of game.
    (iv) On East Hunting Area (Tule Island), we allow boats during the 
waterfowl hunting season.
    (2) Upland game hunting. We allow hunting of pheasant, grouse, 
partridge (chukar and gray partridge), cottontail rabbit, and bobcat on 
designated areas of the refuge subject to the following condition: The 
condition set forth at paragraph (f)(1)(i) of this section applies.
    (3) Big game hunting. We allow hunting of deer and elk on designated 
areas of the refuge subject to the following condition: Deer and elk 
hunters may enter the hunt area from 1\1/2\ hours before legal hunting 
time to 1\1/2\ hours after legal hunting time.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54109, Aug. 31, 2020]



Sec.32.32  Illinois.

    The following refuge units are open for hunting and/or fishing as 
governed

[[Page 358]]

by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Chautauqua National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl on designated areas of the refuge 
subject to the following condition: Hunters must remove boats, decoys, 
blinds, and blind materials at the end of each day's hunt (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge from legal sunrise to legal sunset subject to the following 
conditions:
    (i) We allow fishing on Lake Chautauqua from February 1 through 
October 15. We prohibit fishing in the waterfowl hunting area during the 
waterfowl hunting season.
    (ii) We allow bank fishing year-round between the boat ramp and the 
fishing trail in the North Pool and from Goofy Ridge Public Access to 
the west gate of the North Pool water control structure.
    (b) Crab Orchard National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, woodcock, dove, snipe, 
rail, and crow on designated areas of the refuge subject to the 
following conditions:
    (i) We require a signed hunt brochure. You must carry this signed 
permit when hunting on the refuge.
    (ii) We prohibit hunting within 50 yards (45 meters (m)) of all 
designated public use facilities, including, but not limited to, parking 
areas, picnic areas, campgrounds, marinas, boat ramps, public roads, and 
established hiking trails listed in the refuge trails brochure.
    (iii) Hunters must remove all boats, decoys, blinds, blind 
materials, stands, platforms, and other personal equipment brought onto 
the refuge at the end of each day's hunt (see Sec. Sec.27.93 and 27.94 
of this chapter).
    (iv) Waterfowl hunting blinds must be a minimum of 200 yards (180 m) 
apart. Hunters must anchor boat blinds on the shore or anchor them a 
minimum of 200 yards (180 m) away from any shoreline.
    (v) We allow the use of dogs when hunting, provided the dogs are 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow hunting of wild turkey, squirrel, 
rabbit, bobwhite quail, raccoon, opossum, red fox, grey fox, bobcat, 
woodchuck, striped skunk, pheasant, partridge, and coyote on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
and (v) of this section apply.
    (ii) We prohibit hunters using rifles or handguns with ammunition 
larger than .22 caliber rimfire, except they may use black powder 
firearms up to and including .40 caliber.
    (iii) We allow the use of .22 and .17 caliber rimfire lead 
ammunition for the taking of small game and furbearers during open 
season.
    (iv) For hunting, you may possess only approved nontoxic shot shells 
while in the field, including shot shells used for hunting wild turkey 
(see Sec.32.2(k)).
    (v) We require all deer and turkey hunters using the restricted use 
area to check-in at the refuge visitor center prior to hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
and (b)(2)(ii) and (v) of this section apply.
    (ii) We prohibit the use of handguns for the taking of deer in the 
restricted use area.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) We only allow archery equipment when hunting deer in the 
following areas:
    (A) In the area west of Division Street and east of Blue Heron 
Marina;
    (B) On all refuge lands north of Illinois State Route 13; and
    (C) In the area north of the Crab Orchard Lake emergency spillway 
and west of Crab Orchard Lake.

[[Page 359]]

    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) On Crab Orchard Lake west of Wolf Creek Road:
    (A) Anglers may fish from boats all year.
    (B) Anglers must remove all trotlines/jugs from legal sunrise until 
legal sunset from the Friday immediately prior to Memorial Day through 
Labor Day.
    (ii) On Crab Orchard Lake east of Wolf Creek Road:
    (A) Anglers may fish from boats March 15 through September 30.
    (B) Anglers may fish all year at the Wolf Creek and Route 148 
causeways.
    (iii) On A-41, Bluegill, Managers, Honkers, and Visitors Ponds:
    (A) Anglers may fish only from legal sunrise to legal sunset from 
March 15 through September 30.
    (B) We prohibit anglers from using boats or flotation devices.
    (iv) Trotlines/jugs:
    (A) We prohibit the use of trotlines/jugs on all refuge waters 
outside of Crab Orchard Lake.
    (B) We prohibit the use of trotlines/jugs with any flotation device 
that has previously contained any petroleum-based material or toxic 
substances.
    (C) Anglers must attach a buoyed device that is visible on the 
water's surface to all trotlines.
    (v) Anglers may use all legal noncommercial fishing methods, except 
they may not use any underwater breathing apparatus.
    (vi) Anglers may not submerge any poles or similar objects to take 
or locate any fish.
    (vii) Organizers of all fishing events must possess a Special Use 
Permit (FWS Form 3-1383-G or FWS Form 3-1383-C).
    (viii) We prohibit anglers from fishing within 250 yards (225 m) of 
an occupied waterfowl hunting blind.
    (ix) Specific creel and size limits apply on various refuge waters 
as listed in the Crab Orchard fishing brochure and the annual Illinois 
fishing digest.
    (c) Cypress Creek National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, woodcock, rail, dove, 
crow, and snipe on designated areas of the refuge subject to the 
following conditions:
    (i) You must remove all boats, decoys, blinds, blind materials, 
stands, and platforms (see Sec. Sec.27.93 and 27.94 of this chapter) 
brought onto the refuge at the end of each day's hunt.
    (ii) We prohibit outboard motors larger than 10 horsepower (hp).
    (iii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
bobwhite quail, raccoon, opossum, red fox, gray fox, bobcat, striped 
skunk, woodchuck, turkey, pheasant, Hungarian partridge, and coyote on 
designated areas of the refuge subject to the following condition:
    (i) The conditions set forth at paragraphs (c)(1)(i) through (iii) 
of this section apply.
    (ii) For hunting, you may use or possess only approved nontoxic shot 
shells while in the field, including shot shells used for hunting wild 
turkey (see Sec.32.2(k)).
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (c)(1)(i) of this section 
applies.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (c)(1)(ii) of this section 
applies.
    (ii) Anglers must remove all boats and fishing equipment (see Sec.
27.93 of this chapter) brought onto the refuge at the end of each day's 
fishing activity.
    (iii) We prohibit the use of trotlines, jugs, yo-yos, nets, or any 
commercial fishing equipment except in areas where State regulations 
authorize commercial tackle.

[[Page 360]]

    (iv) We prohibit the use of more than two poles per angler and more 
than two hooks or lures per pole.
    (v) We prohibit possession of bass smaller than 15 inches (37.5 
centimeters) in length from refuge ponds.
    (vi) We prohibit possession of more than six channel catfish from 
refuge ponds.
    (d) Emiquon National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following conditions:
    (i) Hunters must remove boats, decoys, blinds, and blind materials 
brought onto the refuge at the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (ii) We allow access for hunting from 1 hour before legal shooting 
time (as governed by State regulations for the species in question) 
until 1 hour after legal sunset.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the refuge subject to the following condition: The condition 
set forth at paragraph (d)(1)(ii) of this section applies.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (d)(1)(ii) of this section 
applies.
    (ii) For hunting, you may use or possess only approved nontoxic shot 
shells while in the field, including shot shells used for hunting wild 
turkey (see Sec.32.2(k)).
    (4) Sport fishing. We allow sport fishing throughout the year on 
designated areas of the refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset.
    (ii) We prohibit fishing in the waterfowl hunting area during the 
waterfowl hunting season.
    (e) Great River National Wildlife Refuge-- (1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following condition: On the Long Island 
Division, we allow hunting only from blinds constructed on sites posted 
by the Illinois Department of Natural Resources.
    (2) Upland game hunting. We allow hunting of small game, furbearers, 
and game birds on designated areas of the refuge subject to the 
following conditions:
    (i) We open the refuge divisions for upland game hunting from \1/2\ 
hour before legal sunrise to \1/2\ hour after legal sunset.
    (ii) On the Cherry Box and Hickory Creek Units, we allow hunting 
with shotgun only during the Statewide upland game season.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells while in the field (see Sec.32.2(k)).
    (ii) We allow only portable tree stands from September 1 through 
January 31 of each year. You must permanently attach your State-
generated hunter identification number in a visible location on the 
stand. We allow only one tree stand per hunter.
    (iii) On the Fox Island Division, Slim Island Division, Cherry Box 
Division, and Hickory Creek Division, we only allow archery deer hunting 
during the Statewide archery season. We prohibit archery hunting during 
the State firearm season.
    (iv) On the Delair Division, we only allow deer hunting during 
special managed hunts. You must possess and carry a refuge permit (hunt 
letter) when hunting during special managed hunts.
    (v) We prohibit organized deer drives. We define a ``deer drive'' as 
an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the taking of any mussel (clam), crayfish, frog, 
leech, and turtle species by any method on the refuge (see Sec.27.21 
of this chapter).

[[Page 361]]

    (ii) On the Fox Island Division, we only allow bank fishing along 
any portion of the Fox River from January 1 through October 15.
    (f) Hackmatack National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following condition: You must remove all 
boats, decoys, blinds, blind materials, stands, and platforms (see 
Sec. Sec.27.93 and 27.94 of this chapter) brought onto the refuge at 
the end of each day's hunt.
    (2) Upland game hunting. We allow upland game and turkey hunting on 
designated areas of the refuge subject to the following conditions:
    (i) For hunting, you may use or possess only approved nontoxic shot 
shells while in the field, including shot shells used for hunting wild 
turkey (see Sec.32.2(k)).
    (ii) You must remove all boats, decoys, blinds, blind materials, 
stands, and platforms (see Sec. Sec.27.93 and 27.94 of this chapter) 
brought onto the refuge at the end of each day's hunt.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the refuge subject to the following condition: You must remove all 
boats, decoys, blinds, blind materials, stands, and platforms (see 
Sec. Sec.27.93 and 27.94 of this chapter) brought onto the refuge at 
the end of each day's hunt.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the taking of 
turtle and frog (see Sec.27.21 of this chapter).
    (g) Kankakee National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of wild turkey on 
designated areas of the refuge subject to the following conditions:
    (i) For hunting, you may possess only approved nontoxic shot shells 
while in the field (see Sec.32.2(k)).
    (ii) You must remove all boats, decoys, blinds, blind materials, 
stands, platforms, and other hunting equipment (see Sec. Sec.27.93 and 
27.94 of this chapter) brought onto the refuge at the end of each day's 
hunt.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: The 
condition set forth at paragraph (g)(2)(ii) of this section applies.
    (4) [Reserved]
    (h) Meredosia National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow sport fishing on all areas open to public access from 
legal sunrise to legal sunset from February 1 to October 15.
    (ii) We allow access to Meredosia Lake from the boat ramp and allow 
foot access on refuge land along the east side of the Meredosia Lake in 
Morgan County from legal sunrise to legal sunset throughout the year.
    (i) Middle Mississippi River National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of migratory game birds on 
designated areas of the refuge subject to the following condition: You 
must remove boats, blinds, blind materials, stands, decoys, and other 
hunting equipment from the refuge at the end of each day (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow hunting of small game, furbearers, 
and game birds on designated areas of the refuge subject to the 
following condition: We open the refuge divisions for upland game 
hunting from \1/2\ hour before legal sunrise to \1/2\ hour after legal 
sunset.
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas on the refuge subject to the following 
conditions:
    (i) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells while in the field (see Sec.32.2(k)).
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iii) We allow only portable tree stands from September 1 through 
January 31 of each year. You must permanently attach your State-
generated

[[Page 362]]

hunter identification number in a visible location on the stand. We 
allow only one tree stand per hunter.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the taking of any mussel (clam), crayfish, frog, 
leech, and turtle species by any method on the refuge (see Sec.27.21 
of this chapter).
    (ii) We allow fishing only from legal sunrise to legal sunset.
    (iii) You must remove all fishing devices at the end of each day's 
fishing activity (see Sec. Sec.27.93 and 27.94 of this chapter).
    (j) Port Louisa National Wildlife Refuge. Refer to Sec.32.34(f) 
for regulations.
    (k) Two Rivers National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following conditions:
    (i) Hunters must remove boats, decoys, blinds, blind materials, 
stands, and platforms brought onto the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (ii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow upland game hunting for wild 
turkey, small game, furbearers, and nonmigratory game birds on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (k)(1)(i) and (ii) of 
this section apply.
    (ii) For hunting, you may use or possess only approved nontoxic shot 
shells while in the field, including shot shells used for hunting wild 
turkey (see Sec.32.2(k)).
    (iii) We prohibit hunters using rifles or handguns with ammunition 
larger than .22 caliber rimfire, except they may use black powder 
firearms up to and including .50 caliber.
    (iv) We allow the use of .22 and .17 caliber rimfire lead ammunition 
for the taking of small game and furbearers during open season.
    (v) We allow hunting from legal sunrise to legal sunset.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (k)(1)(i) of this section 
applies.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the taking of turtle or frog (see Sec.27.21 of 
this chapter).
    (ii) We allow fishing only from legal sunrise to legal sunset.
    (iii) Anglers must remove boats and all other fishing devices at the 
end of each day's fishing activity (see Sec.27.93 of this chapter).
    (l) Upper Mississippi River National Wildlife and Fish Refuge. Refer 
to Sec.32.42(r) for regulations.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54110, Aug. 31, 2020]



Sec.32.33  Indiana.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Big Oaks National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of squirrel on designated 
areas of the refuge subject to the following conditions:
    (i) We require a signed acknowledgment of danger agreement and a 
refuge hunt permit.
    (ii) Hunters must possess a valid daily gate pass at all times.
    (iii) We allow the use of dogs for hunting only during the squirrel 
hunting season in the day use area, provided the dog is under the 
immediate control of the hunter at all times. You must ensure that all 
hunting dogs wear a collar displaying the owner's contact information.
    (iv) You must hunt only in assigned areas. We prohibit trespass into 
an unassigned hunt area.

[[Page 363]]

    (v) We require that all hunters check all harvested game taken on 
the refuge at the refuge check station.
    (vi) We require all refuge hunters to hunt with a partner. We 
require hunting partners to know the location of their partner while 
hunting. An adult, age 18 or older, must directly supervise youth 
hunters age 17 and younger.
    (vii) Hunters must possess and carry a compass while hunting on the 
refuge.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (a)(2)(i), (ii), and (iv) 
through (vii) of this section apply.
    (ii) You may possess only approved nontoxic shot while in the field 
(see Sec.32.2(k)).
    (iii) We allow the use of portable hunting stands and blinds.
    (4) Sport fishing. We allow fishing on the Old Timbers Lake subject 
to the following conditions:
    (i) We require a signed acknowledgment of danger agreement and a 
refuge access permit.
    (ii) Anglers must possess a valid daily gate pass at all times.
    (iii) We allow fishing only with a rod and reel or pole and line.
    (iv) We prohibit the use of trotlines.
    (v) We prohibit retaining black bass, largemouth bass, smallmouth 
bass, and spotted bass between 12 and 15 inches (30 and 37.5 
centimeters).
    (b) Muscatatuck National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, merganser, woodcock, and 
dove on designated areas of the refuge subject to the following 
conditions:
    (i) You must remove all boats, decoys, blinds, blind materials, 
stands, and platforms brought onto the refuge at the end of each day's 
hunt (see Sec.27.93 of this chapter).
    (ii) We allow the use of dogs when hunting, provided the dogs are 
under the immediate control of the hunter at all times.
    (iii) We prohibit hunting and the discharge of a firearm within 100 
yards (30 meters) of any dwelling or any other building that people, 
pets, or livestock may occupy.
    (2) Upland game hunting. We allow hunting of turkey, quail, 
squirrel, raccoon, opossum, coyote, fox, skunk, and rabbit on designated 
areas of the refuge subject to the following conditions:
    (i) For hunting, you may use or possess only approved nontoxic shot 
shells while in the field, including shot shells used for hunting wild 
turkey (see Sec.32.2(k)).
    (ii) We allow the use of rimfire weapons for upland/small game 
hunting.
    (iii) We prohibit the use of centerfire rifles for any hunts on 
refuge property.
    (iv) During spring turkey hunting, hunters must possess a State-
issued hunting permit during the first 6 days of the season.
    (v) We prohibit turkey hunting after 1 p.m. each day.
    (vi) We allow the incidental take of coyote only during other refuge 
hunting seasons.
    (vii) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
and (b)(2)(i) through (iii) of this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iii) We prohibit the use or possession of tree spikes, plastic 
flagging, and reflective tacks.
    (iv) We prohibit firearms deer hunting during the State deer firearm 
season (archery and muzzleloader only).
    (v) We close archery deer hunting during the State muzzleloader 
season.
    (vi) We prohibit the possession of game trail cameras on the refuge.
    (vii) We require you to remove arrows from crossbows during 
transport in a vehicle.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:

[[Page 364]]

    (i) We prohibit the use of any type of motor.
    (ii) We allow the use of kayaks, canoes, belly boats, or float tubes 
in all designated fishing areas.
    (iii) We allow fishing only with rod and reel, or pole and line.
    (iv) We prohibit harvest of frog and turtle (see Sec.27.21 of this 
chapter).
    (v) We prohibit the use of lead fishing tackle.
    (vi) We allow only youth age 15 and younger to fish in the Discovery 
Pond.
    (c) Patoka River National Wildlife Refuge and Management Area--(1) 
Migratory game bird hunting. We allow hunting of duck, goose, merganser, 
coot, woodcock, dove, snipe, rail, and crow on designated areas of the 
refuge and the White River Wildlife Management Area subject to the 
following conditions:
    (i) You must remove all boats, decoys, blinds, and blind materials 
after each day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (ii) We prohibit hunting and the discharge of a weapon within 150 
yards (137 meters) of any dwelling or any building that may be occupied 
by people, pets, or livestock.
    (2) Upland game hunting. We allow hunting of bobwhite quail, 
pheasant, cottontail rabbit, squirrel (gray and fox), red and gray fox, 
coyote, opossum, striped skunk, and raccoon subject to the following 
conditions:
    (i) We allow the use of dogs for hunting, provided the dog is under 
the immediate control of the hunter at all times.
    (ii) The conditions set forth at paragraphs (c)(1)(i) and (ii) of 
this section apply.
    (iii) You may only use or possess approved nontoxic shot shells (see 
Sec.32.2(k)) while in the field.
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (c)(2)(iii) applies while 
turkey hunting.
    (ii) On the Columbia Mine Unit, you may only hunt white-tailed deer 
during the first week (7 days) of the following seasons, as governed by 
the State: archery, firearms, and muzzleloader.
    (iii) On the Columbia Mine Unit, you may leave portable tree stands 
overnight only when the unit is open to hunting and for a 2-day grace 
period before and after the special season.
    (iv) On the Columbia Mine Unit, if you use a rifle to hunt, you may 
use only rifles allowed by State regulations for hunting on public land.
    (v) The conditions set forth at paragraphs (c)(1)(i) and (ii) of 
this section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset.
    (ii) We allow fishing only with rod and reel, pole and line, bow and 
arrow, or crossbow.
    (iii) The minimum size limit for largemouth bass on Snakey Point 
Marsh and on the Columbia Mine Unit is 14 inches (35.6 centimeters).
    (iv) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (v) You must remove boats at the end of each day's fishing activity 
(see Sec.27.93 of this chapter).

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54110, Aug. 31, 2020]



Sec.32.34  Iowa.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) De Soto National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow youth hunting of ring-necked 
pheasant on designated areas of the refuge subject to the following 
condition: The refuge will annually determine hunting seasons, dates, 
and designated areas, and publish them in the refuge brochure.
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The refuge manager will annually determine and publish hunting 
seasons

[[Page 365]]

and dates, and will include them in the refuge access permit (signed 
brochure).
    (ii) You must possess and carry a refuge access permit (signed 
brochure) at all times while in the hunting area. Hunters may enter the 
hunting areas only within the dates listed on the refuge access permit 
(signed brochure).
    (iii) Hunters with a valid Iowa or Nebraska resident hunting permit 
may access all areas open to hunting. Reciprocity exists, with both 
States allowing hunters with either resident permit to access refuge 
hunting land in either State.
    (iv) Hunters holding nonresident Nebraska or nonresident Iowa 
permits may hunt only on the ground that lies within the State that 
issued the nonresident permit.
    (v) We allow hunters in the designated area from 2 hours before 
legal sunrise until 2 hours after legal sunset.
    (vi) We prohibit the use of a crossbow as archery equipment unless 
the hunter has obtained a State-issued disability crossbow permit.
    (vii) All hunters must be in possession of a valid entrance fee 
permit.
    (viii) Hunters must remove hunting blinds or stands and other 
property by the close of the season (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (ix) We prohibit shooting on or over any refuge road open to vehicle 
traffic within 30 feet (9 meters (m)) of the centerline.
    (x) We prohibit field dressing of any big game within 100 feet (30 
m) of the centerline of any refuge road.
    (xi) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (xii) We allow two portable tree stands/blinds per hunter within the 
hunt area. Of those, only one stand/blind can be left on the refuge from 
1 week prior to the start of the designated hunt season to 1 week after 
the end of the designated hunt season.
    (xiii) Unattended stands and blinds must be plainly labeled with the 
full name and/or hunting license number of the owner. Labels must be 
visible from ground level.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow ice fishing in DeSoto Lake from January 2 through the 
end of February.
    (ii) We allow the use of pole and line or rod and reel fishing in 
DeSoto Lake from April 15 through October 14.
    (iii) We allow the use of archery and spear fishing for nongame fish 
only from April 15 through October 14.
    (iv) When the lake is open to ice fishing, we prohibit motor- or 
wind-driven conveyances on the lake.
    (v) We allow the use of portable ice fishing shelters on a daily 
basis from January 2 through the end of February.
    (vi) Anglers may use no more than two lines and two hooks per line, 
including ice fishing.
    (vii) We prohibit the use of trotlines, float lines, bank lines, or 
setlines.
    (viii) Anglers must adhere to minimum length and creel limits as 
posted.
    (ix) We prohibit anglers leaving any personal property, litter, 
fish, or fish parts on the banks, in the water, or on the ice (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (x) We prohibit digging or seining for bait.
    (xi) We prohibit take or possession of turtle or frog at any time 
(see Sec. Sec.27.21 of this chapter).
    (xii) We allow anglers on the refuge from \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (b) Driftless Area National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: 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) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) In areas open to hunting, we allow hunting beginning November 1 
until the close of State hunting seasons or January 15, whichever occurs 
first.

[[Page 366]]

    (ii) We allow only archery and muzzleloader hunting.
    (iii) We allow deer drives only during lawful party hunting 
conducted within the refuge, as governed by State regulations. We 
prohibit driving deer from or through the refuge to any persons hunting 
outside the refuge boundary.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (c) Iowa Wetland Management District--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds throughout the 
district subject to the following conditions:
    (i) We prohibit leaving boats, decoys, or other personal property 
unattended at any time. You must remove all personal property, which 
includes boats, decoys, and blinds, brought onto the district at the end 
of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (ii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow upland game hunting throughout the 
district subject to the following condition: The conditions set forth at 
paragraphs (c)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow big game hunting throughout the 
district and subject to the following conditions:
    (i) For wild turkey hunting, you may possess only approved nontoxic 
shot shells while in the field (see Sec.32.2(k)).
    (ii) You may leave tree stands in an area for a continuous period of 
time beginning 7 days prior to the open season for hunting deer and 
ending 7 days after the final day of that season. You must clearly mark 
the stand with your Iowa hunting license number.
    (4) Sport fishing. We allow sport fishing throughout the district 
subject to the following conditions:
    (i) The condition set forth at paragraph (c)(1)(i) of this section 
applies.
    (ii) You must remove all ice fishing shelters and other personal 
property at the end of each day's fishing (see Sec.27.93 of this 
chapter).
    (d) Neal Smith National Wildlife Refuge-- (1) Migratory game bird 
hunting. We allow the hunting of dove, duck, goose, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) We allow entry into the refuge 1 hour before legal sunrise and 
require hunters to leave the refuge no later than 1 hour after legal 
sunset.
    (ii) We prohibit shooting on or over any refuge road within 50 feet 
(15 meters) from the centerline.
    (iii) You must possess and carry a refuge permit (free brochure 
available at the refuge visitor center).
    (iv) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow hunting of ring-necked pheasant, 
bobwhite quail, pigeon, crow, cottontail rabbit, gray and fox squirrel, 
and wild turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (d)(1)(i) through (iv) of 
this section apply.
    (ii) You may only possess approved nontoxic shot (see Sec.32.2(k)) 
when turkey hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge and subject to the following conditions:
    (i) The conditions set forth at paragraphs (d)(1)(i) through (iv) of 
this section apply.
    (ii) We allow the use of portable stands and blinds for hunting, and 
hunters must remove them at the end of each day (see Sec.27.93 of this 
chapter).
    (4) [Reserved]
    (e) Northern Tallgrass Prairie National Wildlife Refuge--(1) 
Migratory game bird hunting. We allow hunting of duck, goose, merganser, 
coot, rail (Virginia and sora only), woodcock, snipe, and dove (mourning 
and Eurasian collared) on designated areas subject to the following 
conditions:
    (i) For units adjacent to and managed by Neal Smith National 
Wildlife Refuge, you must follow the refuge-specific regulations 
provided in this paragraph (e).
    (ii) Hunters 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 (see Sec. Sec.27.93 and 27.94 of this 
chapter). Hunters must dismantle

[[Page 367]]

hunting blinds, platforms, and ladders made from natural vegetation at 
the end of each day.
    (iii) We allow the use of dogs when hunting, except when hunting 
furbearers, provided the dog is under the immediate control of the 
hunter at all times.
    (2) Upland game hunting. We allow hunting of wild turkey, ring-
necked pheasant, bobwhite quail, gray partridge, cottontail rabbit, 
squirrel (fox and gray), groundhog, raccoon, opossum, fox (red and 
gray), coyote, badger, striped skunk, and crow on designated areas 
subject to the following conditions:
    (i) Shotgun hunters may possess only approved nontoxic shot when 
hunting turkey (see Sec.32.2(k)).
    (ii) The conditions set forth at paragraphs (e)(1)(i) through (iii) 
of this section apply.
    (3) Big game hunting. We allow the hunting of deer on designated 
areas of the refuge subject to the following conditions:
    (i) We allow the use of temporary stands, blinds, platforms, or 
ladders.
    (ii) The conditions set forth at paragraphs (e)(1)(i) and (ii) of 
this section apply.
    (iii) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (iii) For all counties with the exception of Jasper, you may leave 
tree stands in an area for a continuous period of time beginning 7 days 
prior to the open season for hunting deer and ending 7 days after the 
final day of that season. You must clearly mark the stand with your Iowa 
hunting license number.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (e)(1)(ii) of this section 
applies.
    (ii) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (f) Port Louisa National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following condition: You must remove boats, 
decoys, and portable blinds at the end of each day (see Sec.27.93 of 
this chapter).
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    (i) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells (see Sec.32.2(k)). We allow shotgun slug or 
muzzleloading rifle for hunting coyotes.
    (ii) We allow only squirrel hunting on the Keithsburg Division from 
the beginning of the State season through September 15.
    (iii) We allow hunting on the Horseshoe Bend Division from September 
1 through September 15, and from December 1 through February 28. We 
allow spring turkey hunting.
    (iv) We allow hunting on the Big Timber Division from September 1 
through February 28. We allow spring turkey hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
allow the use of only portable stands, and you must remove them at the 
end of each day (see Sec.27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the taking of turtle or frog (see Sec.27.21 of 
this chapter).
    (ii) We allow fishing only from legal sunrise to legal sunset.
    (iii) Anglers must remove boats and all other fishing devices at the 
end of each day's fishing activity (see Sec.27.93 of this chapter).
    (g) Union Slough National Wildlife Refuge-- (1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, rail (Virginia and sora 
only), woodcock, dove, crow, and snipe on designated areas of the refuge 
subject to the following conditions:
    (i) We allow hunters on the refuge from 1 hour before legal sunrise 
until 1 hour after legal sunset.
    (ii) We allow boats or other floating devices when hunting. You may 
not leave boats unattended.

[[Page 368]]

    (iii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (iv) We prohibit entry into any closed area to retrieve downed game, 
unless the hunter has received written permission from the refuge 
manager.
    (v) 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.
    (2) Upland game hunting. We allow hunting of pheasant, gray 
partridge, cottontail rabbit, squirrel (fox and gray), groundhog, 
raccoon, opossum, fox, coyote, and skunk on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit possession of shotgun slugs.
    (ii) The conditions set forth at paragraphs (g)(1)(i), (ii), (iv), 
and (v) of this section apply.
    (3) Big game hunting. We allow hunting of deer and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i), (ii), (iv), 
and (v) of this section apply.
    (ii) We allow portable tree stands, portable blinds, and 
freestanding elevated platforms to be left on the refuge from 7 days 
prior to the first deer hunting season; you must remove them prior to 7 
days following the last deer hunting season (see Sec.27.93 of this 
chapter). Turkey hunters must remove blinds and stands each day (see 
Sec.27.93 of this chapter).
    (iii) You must label portable tree stands, portable blinds, and 
freestanding elevated platforms that are left unattended with your 
hunting license number. The label must be legible from the ground.
    (iv) You must remove any other personal property brought onto the 
refuge at the end of each day (see Sec. Sec.27.93 and 27.94 of this 
chapter).
    (v) We allow deer hunters on the refuge from 1 hour before legal 
sunrise until 2 hours after legal sunset.
    (vi) Deer hunters may possess only shot shells that shoot a single 
projectile (i.e., slugs).
    (vii) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells while in the field (see Sec.32.2(k)).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset.
    (ii) We allow fishing from boats on the Buffalo Creek Bottoms; 
however, we prohibit the use of gasoline motors.
    (iii) We prohibit the use or possession of lead terminal tackle.
    (h) Upper Mississippi River National Wildlife and Fish Refuge. Refer 
to Sec.32.42(r) for regulations.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54111, Aug. 31, 2020]



Sec.32.35  Kansas.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Flint Hills National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, crow, mourning dove, duck, goose, 
rail, woodcock, and snipe on designated areas of the refuge subject to 
the following conditions:
    (i) You must remove portable hunting blinds and decoys at the end of 
each day's hunt (see Sec.27.93 of this chapter).
    (ii) We only allow rimfire firearms, shotguns, and archery 
equipment.
    (iii) We prohibit shooting from or over roads and parking areas.
    (iv) We allow the use of dogs when hunting migratory birds.
    (v) We close hunting areas on the north side of the Neosho River to 
all hunting from November 1 through March 1.
    (2) Upland game hunting. We allow hunting of coyote, pheasant, 
prairie chicken, quail, rabbit, State-defined furbearers, and squirrel 
on designated areas of the refuge subject to the following conditions:
    (i) We allow the use of dogs when hunting upland game, except that 
we prohibit the use of dogs when hunting coyotes and furbearers.

[[Page 369]]

    (ii) Shooting hours for upland game species are \1/2\ hour before 
legal sunrise until legal sunset.
    (iii) We prohibit the harvest of beaver and otter.
    (iv) The conditions set forth at paragraphs (a)(1)(ii) and (iii) of 
this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) You may possess only approved nontoxic shot for turkey hunting 
(see Sec.32.2(k)).
    (ii) We allow one portable blind or stand per hunter. You may place 
a stand on the refuge no more than 14 days prior to the season, and you 
must remove it within 14 days of the close of the season. You must 
remove a portable blind at the end of each day's hunt (see Sec.27.93 
of this chapter). You must label any portable blind or stand with the 
owner's name and Kansas Department of Wildlife, Parks and Tourism 
(KDWPT) number. Labels must be clearly visible from the ground.
    (iii) We prohibit the use of dogs when hunting turkey.
    (iv) The condition set forth at paragraph (a)(1)(iii) of this 
section applies.
    (v) We only allow muzzleloaders, shotguns, and archery equipment.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the take of 
reptiles and amphibians.
    (b) Kirwin National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, crow, duck, goose, merganser, 
mourning dove, rail, snipe, and woodcock on designated areas of the 
refuge subject to the following conditions:
    (i) You must remove portable hunting blinds and decoys at the end of 
each day's hunt (see Sec.27.93 of this chapter).
    (ii) We prohibit shooting from or over roads and parking areas.
    (iii) In Bow Creek, we allow hunting access by boat or on foot year 
round.
    (iv) We allow the use of dogs when hunting migratory birds.
    (2) Upland game hunting. We allow hunting of cottontail rabbit, jack 
rabbit, pheasant, prairie chicken, quail, State-defined furbearers, and 
squirrel (fox and grey) on designated areas of the refuge subject to the 
following conditions:
    (i) We only allow shotguns and archery equipment when hunting upland 
game.
    (ii) We allow the use of dogs when hunting upland game, except that 
we prohibit the use of dogs when hunting coyotes and furbearers.
    (iii) Shooting hours for upland game species are \1/2\ hour before 
legal sunrise until legal sunset.
    (iv) We prohibit the harvest of beaver and otter.
    (v) The condition set forth at paragraph (b)(1)(ii) of this section 
applies.
    (3) Big game hunting. We allow hunting of deer and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) We only allow archery hunting of deer.
    (ii) We allow one portable blind or stand per hunter. You may place 
a stand on the refuge no more than 14 days prior to the season, and you 
must remove it within 14 days of the close of the season. You must 
remove a portable blind at the end of each day's hunt (see Sec.27.93 
of this chapter). You must label any portable blind or stand with the 
owner's name and KDWPT number. Labels must be clearly visible from the 
ground.
    (iii) You must obtain a refuge-issued permit (FWS Form 3-2405, Self-
Clearing Check-In/Out Permit) to hunt deer on the refuge.
    (iv) The condition set forth at paragraph (b)(1)(ii) of this section 
applies.
    (v) We prohibit the use of dogs when hunting turkey.
    (vi) You may possess only approved nontoxic shot for turkey hunting 
(see Sec.32.2(k)).
    (4) Sport fishing. We allow sport fishing on designated areas on the 
refuge subject to the following conditions:
    (i) We only allow boats for activities related to fishing.
    (ii) We prohibit boating for fishing between October 1 and April 1 
when the reservoir water elevation falls below 1,722 feet (measured on 
October 1), except in the Bow Creek Hunting Unit. Boats may be launched 
only at Scout Cove during this period.

[[Page 370]]

    (iii) We allow boating for fishing year-round, on the entire 
reservoir, only when the reservoir water elevation is above 1,722 feet 
(measured on October 1).
    (iv) We allow noncommercial collection of baitfish as governed by 
State regulations.
    (v) We prohibit all activities associated with fishing tournaments, 
outside of sport fishing itself, to include organized gatherings, 
registrations, weigh-ins, and award presentations to be held or 
organized on the refuge.
    (vi) We prohibit the take of reptiles and amphibians.
    (c) Marais des Cygnes National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of coot, crow, duck, goose, mourning 
dove, rail, snipe, and woodcock on designated areas of the refuge 
subject to the following conditions:
    (i) You must remove portable hunting blinds and decoys at the end of 
each day's hunt (see Sec.27.93 of this chapter).
    (ii) We prohibit shooting from or over roads and parking areas.
    (iii) We allow the use of dogs when hunting migratory birds.
    (iv) We only allow shotguns and archery equipment.
    (2) Upland game hunting. We allow hunting of coyote, cottontail 
rabbit, State-defined furbearers, squirrel, and upland birds on 
designated areas of the refuge subject to the following conditions:
    (i) We allow the use of dogs when hunting upland game, except that 
we prohibit the use of dogs when hunting coyotes and furbearers.
    (ii) Shooting hours for upland game species are \1/2\ hour before 
legal sunrise until legal sunset.
    (iii) We prohibit the harvest of beaver and otter.
    (iv) The conditions set forth at paragraphs (c)(1)(i), (ii), and 
(iv) of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) You must possess and carry a State-issued refuge access permit 
to hunt deer and spring turkey.
    (ii) We allow one portable blind or stand per hunter. You may place 
a stand on the refuge no more than 14 days prior to the season, and you 
must remove it within 14 days of the close of the season. You must 
remove a portable blind at the end of each day's hunt (see Sec.27.93 
of this chapter). You must label any portable blind or stand with the 
owner's name and KDWPT number. Labels must be clearly visible from the 
ground.
    (iii) We prohibit the use of dogs when hunting turkey.
    (iv) You may possess only approved nontoxic shot for turkey hunting 
(see Sec.32.2(k)).
    (v) The condition set forth at paragraph (c)(1)(ii) of this section 
applies.
    (vi) We only allow archery deer hunting, except during the January 
antlerless deer season when we allow the use of archery, muzzleloader, 
and shotgun.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the take of 
reptiles and amphibians.
    (d) Quivira National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, crow, duck, goose, and mourning dove 
on designated areas of the refuge subject to the following conditions:
    (i) We open refuge hunting areas from September 1 through February 
28.
    (ii) The refuge is open from 1\1/2\ hours before legal sunrise to 
1\1/2\ hours after legal sunset.
    (iii) We prohibit the retrieval of game from areas closed to 
hunting.
    (iv) You must remove portable hunting blinds and decoys at the end 
of each day's hunt (see Sec.27.93 of this chapter).
    (v) We prohibit shooting from or over roads and parking areas.
    (vi) We allow the use of dogs when hunting migratory birds.
    (vii) We only allow shotguns and archery equipment.
    (2) Upland game hunting. We allow hunting of coyote, pheasant, 
quail, State-defined furbearers, squirrel, and rabbit on designated 
areas of the refuge subject to the following conditions:

[[Page 371]]

    (i) The conditions set forth at paragraphs (d)(1)(i) through (iii), 
(v), and (vii) of this section apply.
    (ii) We allow the use of dogs when hunting upland game, except that 
we prohibit the use of dogs when hunting coyotes and furbearers.
    (iii) We prohibit the harvest of beaver and otter.
    (iv) You must possess a State-issued refuge access permit for coyote 
and State-defined furbearer hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) You may possess only approved nontoxic ammunition for turkey and 
deer hunting (see Sec.32.2(k)).
    (ii) You must possess a State-issued refuge access permit for deer 
and turkey hunting.
    (iii) We allow one portable blind or stand per hunter. You may place 
a stand on the refuge no more than 14 days prior to the season, and you 
must remove it within 14 days of the close of the season. You must 
remove a portable blind at the end of each day's hunt (see Sec.27.93 
of this chapter). You must label any portable blind or stand with the 
owner's name and KDWPT number. Labels must be clearly visible from the 
ground.
    (iv) We prohibit the use of dogs when hunting turkey.
    (v) The conditions set forth at paragraphs (d)(1)(i) through (iii) 
and (v) of this section apply.
    (vi) We only allow muzzleloaders, shotguns, and archery equipment.
    (4) Sport fishing. We allow sport fishing on all waters on the 
refuge subject to the following conditions:
    (i) We prohibit taking of reptiles and amphibians.
    (ii) We prohibit the use of trotlines and setlines.
    (iii) We prohibit the use of seines for taking bait.
    (iv) We prohibit fishing from water control structures and bridges.
    (v) We restrict fishing in the designated ``Kid's Pond,'' 
approximately \1/4\ mile (.4 kilometers) west-southwest of headquarters, 
to youth age 14 and younger, and to a parent and/or guardian age 18 or 
older accompanying a youth.
    (vi) The creel limit for the Kid's Pond is one fish per day.
    (vii) The condition set forth at paragraph (d)(1)(ii) of this 
section applies.
    (viii) The only live bait we allow is worms; we prohibit all other 
live bait.

[85 FR 54111, Aug. 31, 2020]



Sec.32.36  Kentucky.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Clarks River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning dove, woodcock, common snipe, 
Canada and snow goose, coot, crow, and waterfowl listed at 50 CFR 
10.13(c)(1) under DUCK on designated areas of the refuge subject to the 
following conditions:
    (i) Except for raccoon, opossum, and bullfrog hunting, access to the 
refuge is from 2 hours before legal sunrise to 2 hours after legal 
sunset.
    (ii) You must possess and carry a signed refuge hunting/fishing 
permit (signed brochure) while hunting and/or fishing on the refuge.
    (iii) We prohibit hunting within 100 feet (30 meters) of a residence 
and discharge of firearms within 200 feet (60 meters) of any home, the 
abandoned railroad tracks, graveled roads, and hiking trails.
    (iv) We allow trail cameras. Trail cameras must have the owner's 
State hunting license number clearly displayed or we may confiscate 
them.
    (v) We allow the use of dogs for waterfowl, quail, snipe, dove, 
woodcock, squirrel, rabbit, raccoon, opossum, and fall turkey hunting. 
Dog owners/handlers must have a collar on each dog with the owner's 
contact information.
    (vi) We allow waterfowl hunting from legal shooting time until 12 
p.m. (noon).
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, raccoon, opossum, coyote, bobcat, fox, skunk, otter, muskrat, 
mink, weasel, and beaver on designated areas of the refuge subject to 
the following conditions:

[[Page 372]]

    (i) The conditions set forth at paragraphs (a)(1)(i) through (v) of 
this section apply.
    (ii) We allow coyote hunting under Statewide regulations during 
daylight hours only.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (v) of 
this section apply.
    (ii) We close squirrel, rabbit, crow, woodcock, snipe, dove, and 
quail seasons during muzzleloader and modern gun deer hunts.
    (iii) We allow the use of only 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 State hunting license number must appear on all 
stands left in the field.
    (iv) You must use safety belts at all times when occupying the tree 
stands.
    (v) We prohibit organized deer drives. We define a ``deer drive'' as 
an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (vi) Ground blinds used for the purpose of hunting any species 
during the deer modern gun, muzzleloader, and youth firearms seasons 
must display 1 square foot (144 square inches) of solid, unbroken, 
hunter orange visible from all sides. You must remove ground blinds when 
not in use.
    (4) Sport fishing. We allow fishing and frogging on designated areas 
of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (ii) of 
this section apply.
    (ii) The following conditions apply to the Environmental Education 
and Recreation Area (EERA):
    (A) The EERA is a day-use area only.
    (B) We only allow one rod and reel or pole and line for fishing per 
person.
    (C) We prohibit the use of live fish for bait.
    (D) We allow the taking of largemouth bass, channel catfish, and 
bluegill in accordance with posted limits.
    (E) We prohibit the hunting or harvesting of frog.
    (b) Ohio River Islands National Wildlife Refuge. Refer to Sec.
32.67(b) for regulations.
    (c) Reelfoot National Wildlife Refuge. Refer to Sec.32.61(f) for 
regulations.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54113, Aug. 31, 2020]



Sec.32.37  Louisiana.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Atchafalaya National Wildlife Refuge-- (1) Migratory game bird 
hunting. We allow hunting of mourning dove, duck, goose, coot, snipe, 
rail, gallinule, and woodcock on designated areas of the refuge subject 
to the following conditions:
    (i) You may hunt only as governed by State-issued Sherburne Wildlife 
Management Area regulations.
    (ii) Feral hogs are incidental take species. You may take feral hog 
during any open hunting season, only with the weapon allowed for that 
season, and only if you are a hunter with proper licenses and State 
permits for that season. There is no bag limit on feral hog.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, and 
raccoon on designated areas of the refuge subject to the following 
condition: The conditions set forth at paragraphs (a)(1)(i) and (ii) of 
this section apply.
    (3) Big game hunting. We allow hunting of feral hog, white-tailed 
deer, and turkey on designated areas of the refuge subject to the 
following condition: The conditions set forth at paragraphs (a)(1)(i) 
and (ii) of this section apply.
    (4) Sport fishing. We allow recreational finfishing and shellfishing 
year-round as governed by Sherburne Wildlife Management Area 
regulations.
    (b) Bayou Cocodrie National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of

[[Page 373]]

the refuge subject to the following conditions:
    (i) We require that all hunters and anglers age 16 and older 
purchase an annual public use permit (electronic form). You must sign 
the permit, certifying that you understand and will comply with all 
regulations. You must carry this permit at all times while on the 
refuge.
    (ii) We allow migratory game bird hunting on Wednesdays, Saturdays, 
and Sundays until 12 p.m. (noon) during the State season. We do not open 
for the special teal season or the State youth waterfowl hunt.
    (iii) We prohibit hunting within 150 feet (45 meters) of the 
maintained rights-of-way of roads, refuge roads or designated trails, 
buildings, residences, or designated public facilities.
    (iv) You must remove harvested waterfowl, temporary blinds, and 
decoys used for duck hunting by 1 p.m. each day (see Sec.27.93 of this 
chapter).
    (v) We allow the use of dogs to locate, point, and retrieve.
    (vi) 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 the 
payment is for guiding, outfitting, lodging, or club membership.
    (vii) We prohibit use or possession of any type of trail-marking 
material.
    (viii) We allow the incidental take of raccoon, feral hog, beaver, 
nutria, and coyote when hunting migratory birds, upland game, or big 
game species with firearms and archery equipment authorized for use.
    (ix) We allow all-terrain vehicles (ATVs) and utility vehicles as 
governed by State Wildlife Management Area (WMA) regulations and size 
specifications on designated trails (see Sec.27.31 of this chapter) 
from scouting season until February 28.
    (x) You may enter the refuge no earlier than 4 a.m. and must exit 
the refuge by 2 hours after legal sunset, except that raccoon and 
opossum hunters during the month of February may use the refuge at 
night.
    (2) Upland game hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters may only hunt upland game during designated refuge 
seasons.
    (ii) The conditions set forth at paragraphs (b)(1)(i), (iii), and 
(vi) through (x) of this section apply.
    (iii) We allow the use of dogs to hunt squirrel and rabbit during 
that portion of the season designated as small game with dogs.
    (iv) While engaged in upland game hunting, we prohibit possession of 
hunting firearms (see Sec.27.42 of this chapter) larger than .22 
caliber rimfire, shotgun slugs, or buckshot.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i), (iii), and 
(vi) through (x) of this section apply.
    (ii) The bag limit is one deer per day. The State tagging 
regulations apply.
    (iii) You may possess only approved nontoxic shot while hunting deer 
on the refuge (see Sec.32.2(k)). The requirement in this paragraph 
(b)(3)(iii) only applies to the use of shotgun ammunition.
    (iv) You must wear a minimum of 500 square inches (3,226 square 
centimeters) of unbroken hunter orange as the outermost layer of 
clothing on the chest and back, and a hat or cap of unbroken hunter 
orange. You must wear the solid-hunter-orange items while in the field.
    (v) You may place stands up to 2 days prior to established hunting 
season dates. You must remove stands by 2 days after the hunting season 
closes (see Sec.27.93 of this chapter). You must mark your State 
license number on your stand. You are allowed one portable stand or 
blind on the refuge.
    (vi) You must check all deer 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.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:

[[Page 374]]

    (i) The condition set forth at paragraph (b)(1)(x) of this section 
applies.
    (ii) We prohibit the taking of alligator snapping turtle (see Sec.
27.21 of this chapter).
    (iii) We allow fishing only during daylight hours.
    (iv) The refuge boat ramp is open for daylight use only, except 
during specified hunting seasons when the ramp is open from 4 a.m. until 
2 hours after legal sunset.
    (v) We prohibit wire traps, slat traps, wire nets, hoop nets, 
trotlines, yo-yos, and jug lines on the refuge.
    (c) Bayou Sauvage National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) We allow only youth to hunt waterfowl and coot. An adult age 21 
or older must supervise youth hunters during hunts. Youth hunter age and 
hunter education requirements are governed by State regulations. The 
youth must be capable of and must actively participate in such hunt by 
the possession and/or firing of a legal weapon during such hunt for the 
express purpose of harvesting game.
    (ii) Each adult may supervise no more than two youths, and no more 
than one adult may supervise each youth during the course of any hunt. 
Youth must remain within normal voice contact of the adult who is 
supervising them. Adults accompanying youth on refuge hunts may 
participate by hunting but may not harvest more than their own daily bag 
limit. Youth must harvest their own bag limits.
    (iii) We allow waterfowl hunting on Wednesdays, Thursdays, 
Saturdays, and Sundays from 30 minutes before legal sunrise until 12 
p.m. (noon). We will close the refuge to waterfowl and coot hunting 
during any segment of goose season that extends beyond the regular duck 
season.
    (iv) Hunters may not enter the refuge prior to 4 a.m. on the day of 
the hunt and must exit the refuge with all equipment and materials (see 
Sec.27.93 of this chapter) no later than 1 p.m.
    (v) Hunters must possess and carry a valid refuge hunt permit 
(signed brochure).
    (vi) Each person age 18 and older must possess a valid Annual Public 
Use Permit (signed brochure).
    (vii) We prohibit hunting within 500 feet (150 meters (m)) of any 
residence or structure adjacent to the refuge, and we prohibit hunting 
within 200 feet (60 m) of any road, railroad, levee, water control 
structure, designated public use trail, designated parking area, or 
other designated public use facility.
    (viii) Hunters may use air-cooled propulsion engines to traverse the 
refuge through the Intracoastal Waterway and the Irish Bayou Straight 
Canal.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow finfishing and shellfishing on 
designated areas of the refuge subject to the following conditions:
    (i) We allow sport fishing and shellfishing year-round on designated 
areas of the refuge and only after 12 p.m. on portions of the refuge 
outside of the Hurricane Protection Levee from November 1 through 
January 31 and during the State teal season. We close the remainder of 
the refuge from November 1 through January 31.
    (ii) 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 
kilograms) per person) with wire nets up to 20 inches (50 centimeters) 
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.
    (iii) We prohibit the use of trotlines, limblines, slat traps, gar 
sets, nets, and alligator lines on the refuge.
    (iv) The condition set forth at paragraph (c)(1)(viii) of this 
section applies.
    (d) Bayou Teche National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds and waterfowl on 
designated areas of the refuge subject to the following conditions:
    (i) All hunters must possess and carry a signed hunt permit (signed 
brochure) while hunting on the refuge.
    (ii) We prohibit hunting or discharge of firearm (see Sec.27.42 of 
this chapter) within 150 feet (45 meters (m)) of any residence or 
structure adjacent to the

[[Page 375]]

refuge, from the centerline of any road, railroad, designated public use 
maintained trail, designated parking area, or other designated public 
use facility.
    (iii) An adult age 18 or older must supervise youth hunters during 
all hunts. Youth hunter age and hunter education requirements are 
governed by State regulations. One adult may supervise two youths during 
small game and migratory game bird hunts but may supervise only one 
youth during big game hunts. Youth(s) must remain within normal voice 
contact of the adult who is supervising them. Adult guardians are 
responsible for ensuring that youth hunters do not violate refuge rules.
    (iv) We require waterfowl hunters to remove all portable blinds, 
boats, decoys, and other personal equipment from the refuge by 1 p.m. 
each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (v) 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.
    (vi) We allow hunting until 12 p.m. (noon). Hunters may only enter 
the refuge after 4 a.m.
    (vii) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve game.
    (viii) We allow the use of reflective tacks.
    (ix) Each person age 18 and older, must possess a valid Annual 
Public Use Permit (signed brochure).
    (2) Upland game hunting. We allow hunting of squirrel and rabbit on 
designated areas of the refuge subject to the following conditions:
    (i) We only allow hunting from the start of the State squirrel and 
rabbit seasons until the last day of State waterfowl season in the 
Coastal Zone, except that the Centerville Unit will be open until the 
last day of the State waterfowl season in the East Zone.
    (ii) We prohibit upland game hunting on days corresponding with 
refuge deer gun hunts.
    (iii) Hunters may enter the refuge at 4 a.m. Hunters must leave the 
refuge no later than 1 hour after legal sunset.
    (iv) The conditions set forth at paragraphs (d)(1)(i) through (iii), 
(v), and (viii) of this section apply.
    (3) Big game hunting. We allow the hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunting of deer only with firearms (see Sec.27.42 of 
this chapter) during 5 specific days during October and November. A 
youth gun hunt will occur during the last weekend of October. The 
general gun hunt will occur during the final full weekend in November. 
The youth gun hunt includes both Saturday and Sunday. The general gun 
hunt includes the Friday immediately before the weekend.
    (ii) We allow archery deer hunting according to the State of 
Louisiana archery season. Hunters may take deer of either sex as 
governed by State-approved archery equipment and regulations. We close 
refuge archery hunting during refuge deer gun hunts.
    (iii) We do not allow hunting within 500 feet (152.4 meters) of the 
Garden City parking area and boardwalk.
    (iv) We allow each hunter to possess only one deer per day; the deer 
may be a buck or a doe. State season limits apply.
    (v) You may take feral hogs only as incidental take with archery 
equipment while participating in the refuge deer archery hunt.
    (vi) Hunters may use only portable deer stands. Hunters may erect 
deer stands 1 day before the deer archery season and must remove them 
from the refuge within 1 day after the season closes (see Sec.27.93 of 
this chapter). Hunters may place only one deer stand on the refuge. Deer 
stands must have the owner's State hunting license number clearly 
printed on the stand. Hunters must place stands in a nonhunting position 
when not in use.
    (vii) The conditions set forth at paragraphs (d)(1)(i) through 
(iii), (v), and (viii) and (d)(2)(ii) of this section apply.
    (viii) We prohibit the use of deer decoys.
    (ix) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.

[[Page 376]]

    (4) Sport fishing. We allow sport fishing in all refuge waters 
subject to the following condition: We prohibit the use of unattended 
nets, traps, or lines (trot, jug, bush, etc.).
    (e) Big Branch Marsh National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, coot, goose, snipe, rail, 
gallinule, and woodcock on designated areas of the refuge subject to the 
following conditions:
    (i) We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, 
and Sundays from \1/2\ hour before legal sunrise until 12 p.m. (noon), 
including waterfowl hunting during the State special teal season and 
State youth waterfowl hunt. We allow snipe, rail, and gallinule hunting 
on Wednesdays, Thursdays, Saturdays, and Sundays from \1/2\ hour before 
legal sunrise until 2 p.m.
    (ii) We prohibit goose hunting for that part of the season that 
extends beyond the regular duck season.
    (iii) We allow only temporary blinds, and hunters must remove blinds 
and decoys by 1 p.m. each day (see Sec.27.93 of this chapter).
    (iv) Hunters must possess and carry a valid refuge hunt permit 
(signed brochure).
    (v) An adult age 18 or older must supervise youth hunters age 17 and 
younger during all hunts. Youth hunter age and hunter education 
requirements are governed by State regulations. One adult may supervise 
two youths during small game hunts and migratory bird hunts, but is only 
allowed to supervise one youth during big game hunts. Youths must remain 
within normal voice contact and direct sight of the adult who is 
supervising them. Adult guardians are responsible for ensuring that 
youth hunters do not violate refuge rules.
    (vi) We prohibit hunting or discharge of firearm (see Sec.27.42 of 
this chapter) within 150 feet (45 meters (m)) of any residence or 
structure adjacent to the refuge, and from the centerline of any road, 
railroad, designated public use maintained trail, designated parking 
area, or other designated public use facility.
    (vii) Hunters may enter the refuge at 4 a.m. and must exit the 
refuge no later than 2 hours after legal sunset.
    (viii) You may use only reflective tacks as trail markers on the 
refuge.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, and quail on designated areas of the refuge subject to the 
following conditions:
    (i) When hunting, you must possess only shot size 4 or smaller, or 
0.22 caliber rim-fire rifles or smaller.
    (ii) When hunting squirrel, rabbit, and raccoon, we allow the use of 
dogs only after the close of the State archery deer season. When hunting 
quail, you may only use dogs to locate, point, and retrieve.
    (iii) The conditions set forth at paragraphs (e)(1)(iv) through 
(vii) of this section apply.
    (iv) During the dog season for squirrel and rabbit, all hunters, 
including archers (while on the ground), except waterfowl hunters, must 
wear a minimum of a cap or hat that is hunter orange, blaze pink, or 
other such color as governed by State regulations.
    (v) We only allow raccoon to be taken during the State rabbit 
season.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We are open only during the State season for archery hunting of 
deer.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iii) We allow placement of temporary deer stands 48 hours prior to 
the start of deer archery season. Hunters must remove all deer stands 
within 48 hours after the archery deer season closes (see Sec.27.93 of 
this chapter). We allow only one deer stand per hunter on the refuge. 
Deer stands must have the owner's State license/sportsmen's 
identification number clearly printed on the stand. We prohibit hunting 
stands on trees painted with white bands.
    (iv) We allow take of feral hogs only as incidental take with 
archery equipment while participating in the refuge deer archery hunt.

[[Page 377]]

    (v) The conditions set forth at paragraphs (e)(1)(iv) through (vii) 
of this section apply.
    (vi) We prohibit the use of deer decoys.
    (4) Sport fishing. We allow recreational fishing and crabbing on 
designated areas of the refuge subject to the following conditions:
    (i) You may fish only from \1/2\ hour before legal sunrise until \1/
2\ hour after legal sunset, except we allow night fishing from the bank 
and pier on Lake Road.
    (ii) You must only use rod and reel or pole and line while fishing.
    (iii) You must attend to any fishing, crabbing, and crawfishing 
equipment at all times.
    (f) Black Bayou Lake National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, coot, and woodcock on designated 
areas of the refuge subject to the following conditions:
    (i) You must carry a signed refuge hunt permit (signed public use 
regulations brochure) and must carry and fill out daily a Visitor Check-
In Permit and Report (FWS Form 3-2405).
    (ii) We allow waterfowl hunting until 12 p.m. (noon) during the 
State season.
    (iii) Hunters may enter the refuge no earlier than 4 a.m. and must 
leave the refuge by 1:30 p.m.
    (iv) We prohibit hunting within 100 feet (30 meters (m)) of the 
maintained right-of-way of roads and from or across all-terrain vehicle 
(ATV) trails. We prohibit hunting within 50 feet (15 m) of, or 
trespassing on, aboveground oil, gas, or electrical transmission 
facilities.
    (v) Hunters must remove boats, blinds, and decoys from the refuge at 
the end of each day's hunt (see Sec.27.93 of this chapter).
    (vi) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve game.
    (vii) We only allow ATVs on trails designated for their use and 
marked by signs (see Sec.27.31 of this chapter). ATV trails are closed 
March 1 through August 31.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, raccoon, and opossum on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i), (iv), and 
(vii) of this section apply.
    (ii) Hunters may only hunt upland game during designated refuge 
seasons.
    (iii) We prohibit taking small game with firearms larger than .22 
caliber rimfire, shotgun slugs, and buckshot.
    (iv) You may enter the refuge no earlier than 4 a.m. and must exit 
no later than 1 hour after legal shooting hours end.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i), (iv), and 
(vii) and (f)(2)(iv) of this section apply.
    (ii) Hunters may only hunt big game during designated refuge 
seasons.
    (iii) An adult age 21 or older must supervise a youth hunter age 15 
or younger during hunts. One adult may supervise only one youth during 
big game hunts. The youth hunter must remain within normal voice contact 
of the supervising adult.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit trotlines, limb lines, yo-yos, traps, and nets.
    (ii) We prohibit take of frog, turtle, and mollusk (see Sec.27.21 
of this chapter).
    (g) Bogue Chitto National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon), including during the State special teal season, State youth 
waterfowl hunt, and special light goose conservation season.
    (ii) You must remove blinds and decoys by 1 p.m. each day (see Sec.
27.93 of this chapter).
    (iii) We prohibit goose hunting for that part of the season that 
extends beyond the regular duck season.
    (iv) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve game.

[[Page 378]]

    (v) Each person age 18 and older while hunting or fishing must 
possess a valid Annual Public Use Permit (signed brochure).
    (vi) An adult age 18 or older must supervise youth hunters age 17 
and younger during all hunts. Youth hunter age and hunter education 
requirements are governed by State regulations. One adult may supervise 
two youths during small game hunts and migratory bird hunts, but is only 
allowed to supervise one youth during big game hunts. Youths must remain 
within normal voice contact of the adult who is supervising them. Adult 
guardians are responsible for ensuring that youth hunters do not violate 
refuge rules.
    (vii) We prohibit hunting or discharge of firearms (see Sec.27.42 
of this chapter) within 150 feet (45.7 meters (m)) from the centerline 
of any public road, refuge road, designated or maintained trail, 
building, residence, designated camping area, or designated public 
facility, or from or across aboveground oil, gas, or electric 
facilities.
    (viii) For the purpose of hunting, we prohibit possession of slugs, 
buckshot, and rifle and pistol ammunition, except during the deer gun 
and primitive firearm seasons (see Sec.32.2(k)).
    (ix) You may use only reflective tacks as trail markers on the 
refuge.
    (x) We allow the incidental take of feral hog during any open refuge 
hunting season with weapons approved for that season.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge subject to the 
following conditions:
    (i) We allow the use of dogs for rabbit, squirrel, raccoon, and 
opossum hunting on specific dates listed in the refuge hunt brochure.
    (ii) During any open deer firearm or primitive firearm season on the 
refuge, all hunters, except waterfowl hunters and nighttime raccoon and 
opossum hunters, must wear hunter orange, blaze pink, or other such 
color as governed by State regulations.
    (iii) The conditions set forth at paragraphs (g)(1)(v) through (x) 
of this section apply, except you may use .22-caliber rifles or smaller, 
and the nontoxic shot in your possession while hunting must be size 4 or 
smaller (see Sec.32.2(k)).
    (iv) We will close the refuge to hunting (except waterfowl) and 
camping when the Pearl River reaches 15.5 feet (4.65 meters) on the 
Pearl River Gauge at Pearl River, Louisiana.
    (v) During the dog season for squirrels and rabbits, all hunters, 
including archery hunters (while on the ground), except waterfowl 
hunters, must wear a cap or hat that is hunter-orange, blaze pink, or 
other such color as governed by State regulations.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (g)(1)(v) through (x) and 
(g)(2)(ii) through (iv) of this section apply.
    (ii) Hunters may erect deer stands 48 hours before the deer archery 
season and must remove them from the refuge within 48 hours after this 
season closes (see Sec.27.93 of this chapter). We allow only one deer 
stand per hunter on the refuge. Deer stands must have the owner's State 
license/sportsmen's identification number clearly printed on the stand.
    (iii) Deer hunters hunting from concealed blinds must display State 
Wildlife Management Area (WMA) hunter-orange or blaze-pink (as governed 
by State WMA regulations) above or around their blinds that is visible 
from 360 degrees.
    (iv) We hold a special dog hog hunt in February. During this hunt, 
the following conditions apply, in addition to other applicable 
conditions in paragraph (g)(3) of this section:
    (A) You must use trained hog-hunting dogs to aid in the take of hog.
    (B) We allow take of hog from \1/2\ hour before legal sunrise until 
\1/2\ hour after legal sunset.
    (C) You must possess only approved nontoxic shot, or pistol or rifle 
ammunition not larger than .22 caliber rim-fire to take the hog after it 
has been caught by dogs.
    (v) You must kill all hogs prior to removal from the refuge.
    (vi) We prohibit the use of deer and turkey gobbler decoys.

[[Page 379]]

    (4) Sport fishing. We allow only recreational fishing year-round on 
designated areas of the refuge subject to the following conditions:
    (i) We only allow cotton limb lines.
    (ii) We close the fishing ponds at the Pearl River Turnaround to 
fishing from April through the first full week of June and to boating 
during the months of April, May, June, and July.
    (iii) When the Pearl River Turnaround area is open, we allow boats 
that do not have gasoline-powered engines attached in the fishing ponds 
at the Pearl River Turnaround. Anglers must hand-launch these boats into 
the ponds. When the fishing ponds at the Pearl River Turnaround are 
open, hook and line is the only legal method of take in those ponds.
    (iv) The Pearl River Turnaround area, when open to fishing, is open 
\1/2\ hour before legal sunrise to \1/2\ hour after legal sunset.
    (v) The conditions set forth at paragraphs (g)(1)(x) and (g)(2)(iv) 
of this section apply.
    (h) Breton National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport finfishing and shellfishing on 
designated areas of the refuge subject to the following conditions:
    (i) Crabbers must tend crabbing equipment at all times.
    (ii) We prohibit trotlines, slat traps, and nets.
    (i) Cameron Prairie National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of goose, duck, coot, gallinule, snipe, 
and dove on designated areas of the refuge subject to the following 
conditions:
    (i) Hunters may only hunt during designated days and times.
    (ii) We prohibit entrance to the waterfowl hunting area earlier than 
4 a.m. Shooting hours for waterfowl hunts end at 2 p.m. each day.
    (iii) We require every hunter to possess and carry a valid, signed 
refuge hunt permit and regulations brochure.
    (iv) Every hunter must complete and turn in a Migratory Bird Hunt 
Report (FWS Form 3-2361) available from a self-clearing check station 
after each hunt.
    (v) We prohibit hunting within 50 yards (45 meters) of any public 
road, refuge road, trail, building, resident, or designated public 
facility.
    (vi) When migratory bird hunting, you may only use dogs for the 
purpose of locating, pointing, and retrieving.
    (vii) Hunters must remove all hunting-related equipment from the 
refuge immediately following each day's hunt (see Sec.27.93 of this 
chapter).
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We allow only portable deer stands. Hunters may place deer 
stands on the refuge 1 day before the white-tail deer archery season and 
must remove them from the refuge within 1 day after the season closes 
(see Sec.27.93 of this chapter). Hunters may place only one deer stand 
on the refuge, and deer stands must have the owner's State hunting 
license number clearly printed on the stand. Hunters must place stands 
in a nonhunting position at ground level when not in use.
    (ii) The conditions set forth at paragraphs (i)(1)(iii), (v), and 
(vii) of this section apply.
    (iii) Each hunter must complete and turn in a Big Game Harvest 
Report (FWS Form 3-2359) available from a self-clearing check station 
after each hunt.
    (iv) We prohibit entrance to the hunting area earlier than 4 a.m. 
Hunters must leave no later than 1 hour after legal sunset.
    (4) Sport fishing. We allow sport fishing, crabbing, and cast 
netting on designated areas of the refuge subject to the following 
conditions:
    (i) We allow fishing with a rod and reel or a pole and line. We 
prohibit possession of any other type of fishing gear, including limb 
lines, gill nets, jug lines, yo-yos, or trotlines.
    (ii) We allow recreational fishing, crabbing, or cast netting in the 
East Cove Unit year-round from legal sunrise to legal sunset, except 
during the Louisiana west zone waterfowl season or when the Grand Bayou 
Boat Bay is closed.
    (iii) We allow sport fishing, crabbing, and cast netting in the 
Gibbstown Unit's Outfall Canal from March 15 through October 15.

[[Page 380]]

    (iv) We allow only recreational crabbing with cotton hand lines or 
drop nets up to 24 inches (60 centimeters) outside diameter. We prohibit 
using floats on crab lines.
    (v) Anglers must attend all lines, nets, and bait, and must remove 
same from the refuge at the end of each day's fishing activity (see 
Sec.27.93 of this chapter).
    (vi) The daily limit of crabs is 5 dozen (60) per boat or vehicle, 
regardless of the number of people thereon.
    (vii) The daily shrimp limit during the Louisiana inshore shrimp 
season is 5 gallons (19 liters (L)) of heads-on shrimp per day, per 
vehicle or boat.
    (viii) We allow cast netting for bait on both the East Cove Unit and 
the Gibbstown Unit when the units are open for public fishing only. 
Anglers must empty cast nets directly into the container from the net. 
The daily bait shrimp limit is one gallon (3.8 L) per day, per boat, 
outside the Louisiana inshore shrimp season.
    (ix) Shrimp must remain in your actual custody while on the refuge.
    (x) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).
    (j) Cat Island National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) We require that all hunters and anglers age 16 and older 
purchase an annual public use permit (electronic form). The refuge user 
is required to sign, certifying that you understand and will comply with 
all regulations, and carry this permit at all times while on the refuge.
    (ii) You may enter the refuge no earlier than 4 a.m. and must exit 
the refuge by 2 hours after legal sunset.
    (iii) 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.
    (iv) We allow all-terrain vehicles (ATVs) and utility-type vehicle 
(UTVs) as governed by State Wildlife Management Area regulations and 
size specifications on designated trails (see Sec.27.31 of this 
chapter) from scouting season until February 28.
    (v) We prohibit hunting within 150 feet (45 meters) of any public 
road, refuge road, trail or ATV trail, building, residence, or 
designated public facility.
    (vi) We prohibit all other hunting during refuge lottery deer hunts.
    (vii) We allow waterfowl hunting on Wednesdays, Saturdays, and 
Sundays until 12 p.m. (noon) during the designated State duck season.
    (viii) You must remove harvested waterfowl, temporary blinds, and 
decoys used for duck hunting by 1 p.m. each day (see Sec.27.93 of this 
chapter).
    (ix) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve.
    (x) We prohibit accessing refuge property by boat from the 
Mississippi River.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
beaver, nutria, raccoon, and coyote on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (j)(1)(i) through (vi) of 
this section apply.
    (ii) While upland game hunting, we prohibit the possession of 
hunting firearms larger than 0.22 caliber rimfire, shotgun slugs, and 
buckshot (see Sec.27.42 of this chapter).
    (iii) We allow the use of dogs during designated small game with dog 
seasons. We require the owner's contact information on the collars of 
all dogs. We allow up to two dogs per hunting party for squirrel 
hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (j)(1)(i) through (vi) of 
this section apply.
    (ii) We allow archery-only deer hunting on the refuge during the 
State archery deer season.
    (iii) You must check all deer (name only) taken prior to leaving the 
refuge at one of the self-clearing check stations indicated on the map 
in the refuge public use brochure.
    (iv) You may place stands up to 2 days prior to established hunting 
season dates, and you must remove them no more than 2 days after the 
hunting

[[Page 381]]

season closes (see Sec.27.93 of this chapter). You must mark your 
State license identification number on your stand. You are allowed one 
portable stand or blind on the refuge.
    (v) You may only take one deer of either sex per day during the deer 
season. State season limits apply.
    (vi) You must wear a minimum of 500 square inches (3,226 square 
centimeters) of unbroken-hunter orange as the outermost layer of 
clothing on the chest and back, and a hat or cap of unbroken-hunter 
orange.
    (vii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (j)(1)(i), (ii), (iv) (on 
the open portions of Wood Duck ATV trail for wildlife-dependent 
activities throughout the year), and (vi) of this section apply.
    (ii) We prohibit slat traps or hoop nets on the refuge.
    (iii) We prohibit possession of cleaned or processed fish on the 
refuge.
    (iv) Anglers may only crawfish during designated days and times. The 
harvest limit is 50 pounds (22.5 kilograms) per permit per day.
    (v) You must attend all crawfish traps and nets at all times. We 
allow up to, and no more than, 20 traps per angler on the refuge.
    (vi) We prohibit harvest of frog or turtle on the refuge (see Sec.
27.21 of this chapter).
    (k) Catahoula National Wildlife Refuge-- (1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) We allow migratory hunting of duck, goose, and coot on Tuesdays, 
Thursdays, Saturdays, and Sundays from \1/2\ hour before legal sunrise 
until 12 p.m. (noon) during the State season.
    (ii) We prohibit migratory game bird hunting during deer modern and 
primitive firearms hunts.
    (iii) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve game.
    (iv) We allow the use of only shotguns for hunting migratory birds.
    (v) Hunters must check-in and check out as governed by refuge-
specific terms.
    (vi) We require hunters age 16 and older to purchase and carry a 
signed special refuge recreational activity permit (name/address/phone 
only).
    (vii) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit no later than 2 hours after legal sunset for that day. Hunters must 
remove all decoys, blinds, and boats from the hunting area by 1 p.m. 
(see Sec.27.93 of this chapter).
    (viii) We prohibit hunting or discharge of firearms within 150 feet 
(45 meters (m)) from the edge of areas maintained for roads, trails, and 
utility rights-of-way.
    (ix) We prohibit parking, walking, or hunting within 150 feet (45 m) 
of any active oil and gas facility or equipment.
    (x) We only allow the use of bright eyes or reflective tape for 
flagging or trail markers.
    (xi) We restrict the use of all-terrain vehicles (ATVs) to 
designated trails. ATVs are allowed from September 1 through the last 
day of February. We allow ATVs only for hunting, fishing, and other 
wildlife-related activities.
    (xii) We allow the incidental take of feral hog, raccoon, beaver, 
nutria, and coyote while hunting with firearms or archery equipment 
authorized for that hunt.
    (2) Upland game hunting. We allow hunting of squirrel, raccoon, 
beaver, nutria, coyote, and rabbit on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (k)(1)(v) through (xii) 
of this section apply.
    (ii) We prohibit squirrel and rabbit hunting during deer modern and 
primitive firearms hunts.
    (iii) At the Bushley Unit, we allow the use of dogs to hunt 
squirrels and rabbits only after the last primitive

[[Page 382]]

firearms season for deer on the refuge. Hunters must place their contact 
information on the collars of all their dogs.
    (iv) We require hunters participating in the dog season for rabbits 
to wear a hunter-orange cap.
    (v) We only allow the use of shotguns and rifles that are .22 magnum 
caliber rim fire or less for upland game hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (k)(1)(v) through (xii) 
of this section apply.
    (ii) We allow deer modern firearm hunting on the area south of the 
French Fork of the Little River for 2 days in December with these dates 
being set annually.
    (iii) We allow hunting of deer with primitive firearms during the 
first segment of the State season for area 1, weekdays only (Monday 
through Friday) and 2 days in December with these dates set annually. We 
allow either-sex, deer gun hunting for the Friday, Saturday, and Sunday 
immediately following Thanksgiving Day and for 2 days in December with 
these dates to be set annually.
    (iv) We allow the use of portable deer stands. Hunters may place 
deer stands on the refuge 1 day before the deer archery season and must 
remove them from the refuge within 1 day after this season closes (see 
Sec.27.93 of this chapter). Hunters may place only one stand on the 
refuge. Deer stands must have the owner's State hunting license number 
clearly printed on the stand. Hunters must place stands in a nonhunting 
position when not in use.
    (v) We allow the use and possession of lead shotgun slugs during 
deer modern and primitive firearm hunts. We prohibit the use and 
possession of toxic and nontoxic shot shells during these hunts.
    (vi) All hunters must wear and display 400 square inches (2,581 
square centimeters) of hunter orange and a hunter orange cap during deer 
modern and primitive firearm hunts.
    (vii) You may take only one deer per day during modern and primitive 
firearm deer hunts.
    (viii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (ix) We prohibit the use of dogs to hunt and trail wounded deer.
    (x) We prohibit use of deer decoys.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (k)(1)(ix) through (xi) 
of this section apply.
    (ii) We require anglers age 16 and older to possess and carry a 
signed special refuge recreational activity permit (name/address/phone 
only).
    (iii) We allow fishing from \1/2\ hour before legal sunrise to legal 
sunset.
    (iv) At the Headquarters Unit, we allow year-round fishing on Cowpen 
Bayou and the Highway 28 borrow pits. We allow fishing on Duck Lake and 
its tail-waters, Muddy Bayou, Willow Lake, and the Highway 84 borrow 
pits from March 1 through October 31. We only allow use of a rod and 
reel or pole with a hook and line attached for fishing in these waters. 
We prohibit snagging.
    (v) At the Bushley Bayou Unit, we allow fishing year-round. We allow 
trotlines, but anglers must tend them at least once every 24 hours and 
reset them when receding water levels expose them. Anglers must attach 
lines with a length of cotton line that extends into the water. We allow 
the use of yo-yos, but you must attend and only use them from 1 hour 
before legal sunrise until \1/2\ hour after legal sunset. We prohibit 
the use of nets and traps.
    (vi) At the Headquarters Unit, we allow the launching of only 
trailered boats at designated boat ramps. Anglers may launch small hand-
carried boats from the bank in other areas. We prohibit dragging of 
boats or driving onto road shoulders to launch boats.
    (vii) We prohibit bank fishing on Bushley Creek and fishing in Black 
Lake, Dempsey Lake, Long Lake, Rhinehart Lake, and Round Lake during 
deer modern and primitive firearms hunts.

[[Page 383]]

    (viii) We prohibit fishing in Black Lake, Dempsey Lake, Long Lake, 
Round Lake, and Rhinehart Lake during waterfowl hunts.
    (ix) We prohibit taking or possessing frogs and turtles (see Sec.
27.21 of this chapter).
    (x) We prohibit the possession of cleaned or processed fish on the 
refuge.
    (l) D'Arbonne National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) You must carry a signed refuge hunt permit (signed public use 
regulations brochure) and must carry and fill out daily a Visitor Check-
In Permit and Report (FWS Form 3-2405).
    (ii) We allow waterfowl hunting until 12 p.m. (noon) during the 
State season.
    (iii) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit no later than 1:30 p.m.
    (iv) We prohibit hunting within 100 feet (30 meters (m)) of the 
maintained rights-of-way of roads. We prohibit hunting within 50 feet 
(15 m) or trespassing on aboveground oil, gas, or electrical 
transmission facilities.
    (v) Hunters must remove boats, blinds, and decoys from the refuge at 
the end of each day's hunt (see Sec.27.93 of this chapter).
    (vi) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve game.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, and opossum on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (l)(1)(i) and (iv) of 
this section apply.
    (ii) You may enter the refuge no earlier than 4 a.m. and must exit 
no later than 2 hours after legal shooting hours.
    (iii) When hunting upland game, you may only use dogs to locate, 
point, and retrieve game.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge as indicated subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (l)(1)(i) and (iv) and 
(l)(2)(ii) of this section apply.
    (ii) You must check all deer taken during general gun deer hunts at 
a refuge check station on the same day taken.
    (iii) We prohibit hunters from placing or hunting from stands on 
pine trees with white-painted bands or rings.
    (4) Sport fishing. We allow sport fishing on the refuge subject to 
the following conditions:
    (i) For recreational fishing using commercial gear (slat traps, 
etc.), we require you to carry a Special Use Permit (FWS Form 3-1383-G), 
which is available at the refuge office.
    (ii) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).
    (m) Delta National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of duck, goose, and coot on designated areas of the 
refuge subject to the following conditions:
    (i) We allow waterfowl hunting on Wednesdays, Thursdays, Saturdays, 
and Sundays from \1/2\ hour before legal sunrise until 12 p.m. (noon), 
including during the State special teal season, State youth waterfowl 
season, and State light goose special conservation season.
    (ii) We only allow temporary blinds. You must remove both blinds and 
decoys by 1 p.m. each day (see Sec.27.93 of this chapter).
    (iii) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve game.
    (iv) Hunters must possess and carry a valid refuge hunt permit 
(signed brochure).
    (v) We prohibit discharge of firearms (see Sec.27.42 of this 
chapter) within 250 yards (225 meters) of buildings or worksites, such 
as oil or gas production facilities.
    (vi) An adult age 18 or older must supervise youth hunters age 17 
and younger during all hunts. Youth hunter age and hunter education 
requirements are governed by State regulations. One adult may supervise 
two youths during small game and migratory game bird hunts but must 
supervise only one youth during big game hunts. Youth(s) must remain 
within normal voice contact of the adult who is supervising them.

[[Page 384]]

    (vii) Hunters may enter the refuge at 4 a.m. and must exit the 
refuge no later than 2 hours after legal sunset.
    (2) Upland game hunting. We allow hunting of rabbit on designated 
areas of the refuge subject to the following conditions:
    (i) The refuge rabbit season opens the day after the State duck 
season closes and continues through the remainder of the State rabbit 
season.
    (ii) We restrict hunting to shotgun only.
    (iii) We allow the use of dogs when rabbit hunting.
    (iv) The conditions set forth at paragraphs (m)(1)(iv) through (vii) 
of this section apply.
    (3) Big game hunting. We only allow archery hunting of white-tailed 
deer and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (m)(1)(iv) through (vii) 
of this section apply.
    (ii) We allow archery deer hunting, bucks only, from October 1 
through 15. We allow either-sex archery deer hunting from October 16 
through 31 and from the day after the close of the State duck season 
through the end of the State deer archery season.
    (iii) We allow placement of temporary deer stands 48 hours prior to 
the start of deer archery season. Hunters must remove all deer stands 
within 48 hours after the archery deer season closes (see Sec.27.93 of 
this chapter). We allow only one deer stand per hunter on the refuge. 
Deer stands must have the owner's State license/sportsmen's 
identification number clearly printed on the stand.
    (iv) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (v) We allow the take of hog(s) only with archery equipment during 
the archery deer season.
    (vi) We prohibit the use of deer decoys.
    (4) Sport fishing. We allow recreational fishing and crabbing on 
designated areas of the refuge subject to the following conditions:
    (i) We only allow recreational fishing and crabbing from \1/2\ hour 
before legal sunrise until \1/2\ hour after legal sunset. During State 
waterfowl hunting seasons, however, we only allow recreational fishing 
and crabbing from after 12 p.m. (noon) until \1/2\ hour after legal 
sunset.
    (ii) We prohibit the use of trotlines, limblines, slat traps, jug 
lines, nets, or alligator lines.
    (iii) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).
    (n) Grand Cote National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) We allow waterfowl (duck, goose, coot) hunting on Wednesdays and 
Saturdays from \1/2\ hour before legal sunrise until 12 p.m. (noon) 
during the State season.
    (ii) We prohibit teal hunting during the State September season.
    (iii) Hunters selected for lottery waterfowl hunts must be present 
and in possession of written documentation confirming their selection on 
the day of the hunt.
    (iv) We allow no more than three persons to hunt in each of the 
lottery waterfowl blinds, and hunters must confine all hunting activity 
to the direct vicinity of the blinds.
    (v) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve.
    (vi) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit no later than 2 hours after legal sunset for that day.
    (vii) We allow the incidental take of raccoon, feral hog, beaver, 
nutria, and coyote only when hunting for migratory bird, upland game, 
and big game species with firearms or archery equipment authorized for 
use.
    (viii) We require hunters age 16 and older to purchase and carry a 
signed refuge special recreational activity permit (electronic form).
    (ix) We prohibit hunting or the discharge of firearms within 150 
feet (45

[[Page 385]]

meters) from the edge of areas maintained for roads, trails, and utility 
rights-of-way.
    (x) Hunters must check-in and check out as governed by refuge-
specific terms (see refuge hunting brochure for details).
    (xi) Refuge users must enter and exit the refuge only at designated 
parking areas occurring on the refuge. We prohibit accessing adjacent 
lands from refuge parking areas or any other part of the refuge.
    (xii) We restrict the use of all-terrain vehicles (ATVs) to 
designated ATV trails. ATVs are allowed from September 1 through the 
last day of February. We allow ATVs only for hunting, fishing, and other 
wildlife-related activities.
    (xiii) Hunters must remove all decoys, blinds, and boats from the 
hunt area by 1 p.m. (see Sec.27.93 of this chapter).
    (xiv) We only allow the use of bright eyes or reflective tape for 
flagging or trail markers.
    (2) Upland game hunting. We allow hunting of rabbit, raccoon, 
beaver, nutria, and coyote on designated areas of the refuge subject to 
the following conditions:
    (i) The conditions set forth at paragraphs (n)(1)(vi) through (xiv) 
of this section apply.
    (ii) We allow the use of only shotguns and rifles that are .22 
magnum caliber rimfire or less for upland game hunting
    (iii) We allow the use of dogs when hunting rabbit only after the 
close of the State deer rifle season. Dog owners must place their 
contact information on the collars of all their dogs.
    (iv) We require hunters participating in the special dog season for 
rabbits to wear a hunter-orange cap.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (n)(1)(vi) through (xiv) 
of this section apply.
    (ii) We only allow the use of archery equipment for big game 
hunting.
    (iii) You may use only portable deer stands. Hunters must place deer 
stands on the refuge 1 day before the deer archery season and must 
remove them from the refuge within 1 day after the season closes (see 
Sec.27.93 of this chapter). Hunters may place only one deer stand on 
the refuge, and deer stands must have the owner's State hunting license/
sportsmen's identification number clearly printed on the stand. Hunters 
must place the stand in a nonhunting position and at ground level when 
not in use.
    (iv) We prohibit the use of deer decoys.
    (v) We prohibit the use of dogs to trail wounded deer.
    (vi) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (n)(1)(xi) through (xiv) 
of this section apply.
    (ii) We only allow fishing within the Coulee Des Grues Bayou from 
the bank adjacent to Little California Road.
    (iii) Except as provided under paragraph (n)(4)(ii) of this section, 
we allow fishing from \1/2\ hour before legal sunrise to legal sunset. 
Anglers may enter the refuge no earlier than 4 a.m. and must exit no 
later than 2 hours after legal sunset for that day.
    (iv) We require anglers age 16 and older to purchase and carry a 
signed refuge special recreational activity permit.
    (v) We prohibit the use of nets, traps, set lines, and trot lines. 
Anglers may only use a rod and reel or pole with a hook and line 
attached to fish.
    (vi) We prohibit the possession of cleaned or processed fish on the 
refuge.
    (vii) We prohibit the harvest of frog, turtle, snake, or mollusk 
(see Sec.27.21 of this chapter).
    (viii) We prohibit crawfishing.
    (o) Lacassine National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, gallinule, and coot on 
designated areas of the refuge subject to the following conditions:

[[Page 386]]

    (i) Hunters may only hunt migratory game birds during designated 
refuge seasons.
    (ii) We require every hunter to possess and carry a valid signed 
refuge hunt permit (signed brochure) and regulations brochure.
    (iii) Hunters may enter the refuge at 4 a.m. Shooting hours end at 2 
p.m. each day.
    (iv) Each hunter must complete and turn in a Migratory Bird Hunt 
Report (FWS Form 3-2361), available from a self-clearing check station, 
after each hunt.
    (v) We prohibit hunting within 50 yards (45 meters (m)) of refuge 
canals; waterways; public roads; buildings; aboveground oil, gas, or 
electrical transmission facilities; or designated public facilities. 
Hunting parties must remain a distance of no fewer than 150 yards (135 
m) away from another hunter.
    (vi) You must remove all hunting-related equipment from the refuge 
immediately following each day's hunt (see Sec.27.93 of this chapter).
    (vii) When migratory bird hunting, you may only use dogs for the 
purpose of locating, pointing, and retrieving.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting for white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters may only hunt big game during designated refuge seasons 
with archery equipment.
    (ii) We allow only portable deer stands. Hunters may place deer 
stands on the refuge 1 day before the deer archery season and must 
remove them from the refuge within 1 day after the season closes (see 
Sec.27.93 of this chapter). Hunters may place only one deer stand on 
the refuge, and deer stands must have the owner's State hunting license 
number clearly printed on the stand. Hunters must place stands in a 
nonhunting position at ground level when not in use.
    (iii) The conditions set forth at paragraphs (o)(1)(ii), (v), and 
(vi) of this section apply.
    (iv) Hunters may enter the refuge at 4 a.m. Hunters must leave no 
later than 1 hour after legal sunset.
    (v) Each hunter must complete and turn in a Big Game Harvest Report 
(FWS Form 3-2359) available from a self-clearing check station, after 
each hunt.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from March 15 through October 15.
    (ii) We prohibit fishing activities before legal sunrise and after 
legal sunset.
    (iii) Anglers may enter the refuge 1 hour before legal sunrise, and 
you must leave 1 hour after legal sunset.
    (iv) Anglers can travel the refuge by boat from 1 hour before legal 
sunrise until 1 hour after legal sunset in order to access fishing 
areas.
    (v) We prohibit bank fishing from the Lacassine Pool Wildlife Drive.
    (vi) We prohibit boat and bank fishing in Lacassine Pool Unit D and 
refuge waters from October 16 through March 14.
    (vii) We allow fishing only with rod and reel or pole and line in 
refuge waters. We prohibit possession of any other type of fishing gear, 
including limb lines, gill nets, jug lines, yo-yos, or trotlines.
    (viii) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).
    (p) Lake Ophelia National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) We allow waterfowl (duck, goose, coot) hunting on Tuesdays, 
Thursdays, and Saturdays from \1/2\ hour before legal sunrise until 12 
p.m. (noon) during the Statewide duck season.
    (ii) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve.
    (iii) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit no later than 2 hours after legal sunset for that day. Hunters must 
remove all decoys, blinds, and boats from the hunt area by 1 p.m. (see 
Sec.27.93 of this chapter).
    (iv) We prohibit migratory game bird hunting during refuge deer 
primitive firearm hunts.

[[Page 387]]

    (v) Except as restricted under paragraph (p)(3)(ix) of this section, 
we allow the incidental take of raccoon, feral hog, beaver, nutria, and 
coyote when hunting for migratory bird, upland game, and big game 
species with firearms and archery equipment authorized for use.
    (vi) We restrict the use of all-terrain vehicles (ATVs) to 
designated ATV trails. ATVs are allowed from September 1 to the last day 
of the spring turkey season. We allow ATVs only for hunting, fishing, 
and other wildlife-related activities.
    (vii) We restrict the use of the ATV trails that are designated for 
physically challenged persons to individuals who possess a State-issued 
physically challenged program hunter permit or are age 60 or older.
    (viii) We require hunters age 16 and older to purchase and carry a 
signed refuge special recreational activity permit (electronic form).
    (ix) We prohibit hunting or the discharge of firearms within 150 
feet (45 meters) from the edge of areas maintained for roads, trails, 
and utility rights-of-way.
    (x) Hunters must check-in and check out as governed by refuge-
specific terms (see refuge hunting brochure for details).
    (xi) Hunters and anglers must enter and exit the refuge only at 
designated parking areas occurring on the refuge. We prohibit accessing 
adjacent lands from refuge parking areas or any other part of the 
refuge.
    (xii) We only allow the use of bright eyes or reflective tape for 
flagging or trail markers.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, beaver, nutria, and coyote on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (p)(1)(v) through (xii) 
of this section apply.
    (ii) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit no later than 2 hours after legal sunset for that day.
    (iii) We only allow the use of shotguns and rifles that are .22 
magnum caliber rimfire or less for upland game hunting.
    (iv) We prohibit upland game hunting during refuge deer primitive 
firearm hunts.
    (v) We allow the use of dogs when squirrel and rabbit hunting only 
after the close of the State deer rifle season. Dog owners must place 
their contact information on the collars of all their dogs.
    (vi) We require hunters participating in the special dog season for 
rabbits to wear a hunter-orange cap.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (p)(1)(v) through (xii) 
and (p)(2)(ii) of this section apply.
    (ii) You may harvest only one antlered and one antlerless deer 
during each of the lottery primitive firearm hunts.
    (iii) You may use only portable deer stands. Hunters may place deer 
stands on the refuge 1 day before the deer archery season and must 
remove them from the refuge within 1 day after the season closes (see 
Sec.27.93 of this chapter). Hunters may place only one deer stand on 
the refuge, and deer stands must have the owner's State hunting license 
number clearly printed on the stand. Hunters must place stands in a 
nonhunting position and at ground level when not in use.
    (iv) All deer gun hunters must wear and display 400 square inches 
(2,600 square centimeters) of hunter orange and a hunter-orange cap 
during the deer gun seasons and lottery deer hunts.
    (v) Only hunters that have been selected for lottery primitive 
firearm deer hunts may be present during these hunts.
    (vi) We allow the use and possession of lead shotgun slugs during 
lottery primitive firearm deer hunts. We prohibit the use and possession 
of toxic and nontoxic shot shells during these hunts.
    (vii) We prohibit all other hunting during refuge deer primitive 
firearm hunts as described in the refuge hunting brochure.
    (viii) We prohibit the use of deer or turkey gobbler decoys.

[[Page 388]]

    (ix) We allow turkey hunting only during the first 16 days of the 
State season until 12 p.m. (noon). We prohibit incidental hunting of 
feral hog while turkey hunting.
    (x) We prohibit the use of dogs to trail wounded deer.
    (xi) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (4) Sport fishing. We allow sport fishing in designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (p)(1)(xi) and (xii) of 
this section apply.
    (ii) We require anglers age 16 and older to purchase and carry a 
signed refuge special recreational activity permit (name/address/phone 
number only).
    (iii) We allow fishing from March 1 through October 15 from \1/2\ 
hour before legal sunrise to legal sunset.
    (iv) We allow anglers to operate ATVs on the designated trails to 
the Duck Lake, Westcut Lake, and Possum Bayou boat ramps.
    (v) We prohibit the use of nets, traps, set lines, and trot lines. 
Anglers may only use a rod and reel or pole with a hook and line 
attached to fish.
    (vi) We prohibit the possession of cleaned or processed fish on the 
refuge.
    (vii) We prohibit the harvest of frog, turtle, snake, or mollusk 
(see Sec.27.21 of this chapter).
    (viii) We prohibit crawfishing.
    (q) Mandalay National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, moorhen, gallinule, and coot 
on designated areas of the refuge subject to the following conditions:
    (i) 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. and must exit the refuge no later than 1 p.m.
    (ii) Prior to hunting, we must assign a refuge hunt unit and issue a 
refuge lottery waterfowl permit (signed brochure) to any person 
entering, using, or occupying the refuge for hunting migratory game 
birds. You may only hunt in your assigned unit.
    (iii) Each person age 18 and older must possess a valid Annual 
Public Use Permit (signed brochure).
    (iv) An adult age 18 or older must supervise youth hunters during 
all hunts. Youth hunter age and hunter education requirements are 
governed by State regulations. One adult may supervise two youths during 
small game and migratory game bird hunts. An adult may supervise only 
one youth during big game hunts. Youth must remain within normal voice 
contact of the adult who is supervising them. Parents or adult guardians 
are responsible for ensuring that hunters age 16 and younger do not 
violate refuge rules.
    (v) All hunters must possess and carry a signed hunt brochure 
(signed brochure) while hunting on refuge.
    (vi) Only one adult may occupy a unit with up to two youths during a 
designated lottery youth waterfowl hunt. We allow no more than three 
hunters to hunt from a single blind within a unit at one time during any 
waterfowl hunt.
    (2) [Reserved]
    (3) Big game hunting. We allow the hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We open the refuge to hunting of deer and hog only during the 
State archery season, except that prior to 12 p.m. (noon) on Wednesdays 
and Saturdays during State waterfowl seasons, we close areas north of 
the Intracoastal Waterway to big game hunting.
    (ii) Hunters may only enter the refuge after 4 a.m. and must exit by 
1 hour after legal sunset.
    (iii) You may take big game with archery equipment and as governed 
by State law. From October 1 through 15, State bucks-only regulations 
apply. From October 16 through February 15, you may take only one deer 
of either sex per day, and hunters may possess only one deer. The State 
season limits on deer apply. There is no daily or possession limit on 
feral hogs.
    (iv) We prohibit the use of deer decoys.
    (v) We only allow portable stands. Hunters may erect temporary deer

[[Page 389]]

stands 1 day prior to the start of deer archery season. Hunters must 
remove all deer stands within 1 day after the archery deer season closes 
(see Sec.27.93 of this chapter). Hunters may place only one deer stand 
on the refuge. Deer stands must have the owner's State hunting license 
number clearly printed on the stand. Hunters must place stands in a 
nonhunting position when not in use.
    (vi) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (vii) The conditions set forth at paragraphs (q)(1)(iv) and (v) of 
this section apply.
    (4) Sport fishing. We allow sport fishing in all refuge waters 
subject to the following conditions:
    (i) We prohibit the use of unattended nets, traps, or lines (trot, 
jog, bush, etc.).
    (ii) We allow fishing in the refuge year-round.
    (iii) The refuge is open from legal sunrise until legal sunset.
    (iv) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).
    (r) Red River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, woodcock, and dove on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters must possess and carry a signed refuge permit (signed 
refuge brochure).
    (ii) We allow waterfowl hunting until 12 p.m. (noon) during the 
State season.
    (iii) We allow dove hunting only during the first 3 days of the 
State season on all refuge lands as indicated in the refuge brochure.
    (iv) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit the refuge no later than 1:30 p.m.
    (v) Hunters may only hunt during designated times and seasons as 
listed in refuge brochure (signed brochure).
    (vi) We prohibit hunting within 100 feet (30 meters) of any public 
road, refuge road, trail or ATV trail, residence, building, aboveground 
oil or gas or electrical transmission facility, or designated public 
facility.
    (vii) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, raccoon, and opossum on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (r)(1)(i), (v), and (vi) 
of this section apply.
    (ii) 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.
    (iii) We allow the use of dogs to hunt squirrel and rabbit after 
December 31.
    (iv) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit the refuge no later than 1 hour after legal shooting hours.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge subject to the following 
condition: The conditions set forth at paragraphs (r)(1)(i), (v), and 
(vi) and (r)(2)(iv) of this section apply.
    (4) Sport Fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow use of only electric trolling motors on all refuge 
waters while fishing.
    (ii) Recreational fishing using commercial gear (slat traps, etc.) 
requires a special refuge permit (Special Use Permit (FWS Form 3-1383-
G)), which is available at the refuge office. You must possess and carry 
the special refuge permit while fishing using commercial gear.
    (iii) We prohibit the taking of alligator snapping turtle (see Sec.
27.21 of this chapter).
    (s) Sabine National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, gallinule, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters may only hunt migratory game birds during designated 
refuge seasons.
    (ii) We require all hunters to possess and carry a valid signed 
refuge hunt

[[Page 390]]

permit (signed brochure) and regulations brochure.
    (iii) We prohibit entrance to the waterfowl hunting area earlier 
than 4 a.m. Shooting hours end at 2 p.m. each day.
    (iv) Each hunter must complete and turn in a Migratory Bird Hunt 
Report (FWS Form 3-2361) from a self-clearing check station after each 
hunt.
    (v) We allow only portable blinds and those made of native 
vegetation. Hunters must remove portable blinds, decoys, spent shells, 
and all other personal equipment after each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (vi) We prohibit hunting within 50 yards (45 meters (m)) of refuge 
canals; waterways; public roads; buildings; aboveground oil, gas, or 
electrical transmission facilities; or designated public facilities. 
Hunting parties must maintain a distance of no less than 150 yards (135 
m) away from another hunter.
    (vii) When migratory bird hunting, you may only use dogs for the 
purpose of locating, pointing, and retrieving.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing, crabbing, and cast 
netting on designated areas of the refuge subject to the following 
conditions:
    (i) Bank and wharf access for fishing are available year-round at 
the public use areas along State Highway 27. Anglers may access the 
refuge for fishing by boat only during the March 15 to October 15 open 
period. You may launch boats at designated boat ramps only.
    (ii) We allow fishing with a rod and reel, pole and line, or jug and 
line. We prohibit possession of any other type of fishing gear, 
including limb lines, gill nets, or trot lines. Jug line limit is up to 
10 per boat, and you must attend them at all times. The angler must mark 
all jugs with their fishing license number (State requirement) and 
remove the jugs from the refuge at the end of each day (see Sec.27.93 
of this chapter).
    (iii) We prohibit fishing from October 16 through March 14 in Units 
1A and 1B.
    (iv) Anglers can travel the refuge by boat from 1 hour before legal 
sunrise until 1 hour after legal sunset in order to access fishing 
areas; however, we prohibit fishing activities before legal sunrise and 
after legal sunset.
    (v) We allow recreational crabbing on designated areas of the refuge 
subject to the following conditions:
    (A) We allow only recreational crabbing with cotton hand lines or 
drop nets up to 24 inches (60 centimeters) outside diameter. We prohibit 
using floats on crab lines.
    (B) Anglers must remove all hand lines, drop nets, and bait from the 
refuge upon leaving (see Sec.27.93 of this chapter).
    (C) We allow a daily limit of 5 dozen (60) crabs per vehicle or 
boat.
    (vi) We allow recreational cast netting in designated areas of the 
refuge subject to the following conditions:
    (A) We allow recreational cast netting from boats only from legal 
sunrise to legal sunset during the Louisiana inshore shrimp season.
    (B) Anglers must immediately return all incidental take (bycatch) to 
the water before continuing to cast.
    (C) The daily shrimp limit during the Louisiana inshore shrimp 
season is 5 gallons (19 liters (L)) of heads-on shrimp per day, per 
vehicle or boat.
    (D) The daily bait shrimp limit is 1 gallon (3.8 L) per day, per 
boat, outside the Louisiana inshore shrimp season.
    (E) Shrimp must remain in your actual custody while on the refuge.
    (vii) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).
    (t) Tensas River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, coot, woodcock, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunting of duck and coot on Tuesdays, Thursdays, 
Saturdays, and Sundays until 2 p.m. during the State season. We prohibit 
migratory bird hunting during refuge gun hunts for deer.
    (ii) We allow refuge hunters to enter the refuge no earlier than 4 
a.m., and they must leave no later than 2 hours after legal sunset 
unless they are participating in the refuge nighttime raccoon hunt.
    (iii) We allow all-terrain vehicle (ATV) travel on designated trails 
for

[[Page 391]]

access typically from October 1 to the last day of the refuge squirrel 
season.
    (iv) We prohibit field dressing of game within 150 feet (45 meters) 
of parking areas, maintained roads, and trails.
    (v) An adult age 18 or older must supervise youth hunters age 17 and 
younger during all hunts. One adult may supervise two youths during 
small game and migratory bird hunts but may supervise only one youth 
during big game hunts. Youth must remain within normal voice contact of 
the adult who is supervising them.
    (vi) We allow the incidental take of coyote, beaver, raccoon, and 
opossum when hunting for migratory bird species with firearms and 
archery equipment authorized for use.
    (2) Upland game hunting. We allow hunting of raccoon, squirrel, and 
rabbit on designated areas of the refuge subject to the following 
conditions:
    (i) We allow nighttime raccoon hunting in alignment with Big Lake 
Wildlife Management Area (WMA).
    (ii) We allow the use of dogs when squirrel and rabbit hunting 
subject to the following conditions:
    (A) We allow hunting without dogs from the beginning of the State 
season to December 31; during this time period, we do not require 
hunters to wear hunter orange.
    (B) We allow squirrel and rabbit hunting with or without dogs from 
January 1 to the last day of February.
    (C) We allow no more than three dogs per hunting party.
    (iii) We close squirrel and rabbit hunting during the following gun 
hunts for deer: Refuge-wide youth hunt, primitive firearms hunt, and 
modern firearms hunt.
    (iv) The conditions set forth at paragraphs (t)(1)(ii) through (v) 
of this section apply.
    (v) We allow the incidental take of coyote, beaver, raccoon, and 
opossum when hunting for upland game species with firearms and archery 
equipment authorized for use.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) Deer archery season will begin the first Saturday in November 
and will conclude on January 31. We prohibit archery hunting during the 
following refuge-wide deer hunts: Youth gun hunt and modern firearms 
hunts.
    (ii) The deer primitive firearms season will occur between November 
1 and January 31. We allow all legal primitive firearms as governed by 
State regulations.
    (iii) During the deer primitive firearms season, hunters may fit any 
legal primitive firearms with magnified scopes. We allow hunters using 
primitive weapons to hunt reforested areas. We prohibit youth hunters 
from using modern firearms during the primitive weapon hunt.
    (iv) During modern firearm hunts, all firearm hunting, even hunting 
with primitive weapons or muzzleloaders, is governed by applicable 
Federal and State regulations. We require a quota hunt permit for these 
hunts. We prohibit hunting in reforested areas. We prohibit hunting and/
or shooting into or across any reforested area during the quota hunt for 
deer.
    (v) For the guided quota youth hunts, we consider youth to be ages 8 
through 15.
    (vi) We will conduct a refuge-wide youth deer hunt. Hunt dates will 
be available at refuge headquarters typically in July. An adult age 18 
or older must supervise a youth hunter age 15 or younger during the 
hunt. One adult may supervise only one youth during the deer hunt. A 
youth hunter must remain within normal voice contact of the supervising 
adult.
    (vii) Hunters may take only one deer (one buck or one doe) per day 
during refuge deer hunts except during guided youth and wheelchair-bound 
hunts when the limit will be one antlerless and one antlered deer per 
day.
    (viii) We designate refuge turkey hunt dates in the refuge hunting 
brochure (signed brochure).
    (ix) The conditions set forth at paragraphs (t)(1)(ii) through (iv) 
of this section apply.
    (x) We allow muzzleloader hunters to discharge their primitive 
firearms at the end of each hunt safely into the ground at least 150 
feet (135 meters (m)) from any designated public road, maintained road, 
trail, fire break, dwelling, or aboveground oil and gas production

[[Page 392]]

facility. We define a ``maintained road or trail'' as one that has been 
mowed, disked, or plowed, or one that is free of trees.
    (xi) We prohibit deer hunters leaving deer stands unattended before 
the opening day of the refuge archery season. Hunters must remove stands 
by the end of the last day of the refuge archery season (see Sec.27.93 
of this chapter). Hunters must clearly mark stands left unattended on 
the refuge with the stand owner's State hunting license number. Hunters 
must remove portable stands from trees each day and place freestanding 
stands in a nonhunting position when unattended.
    (xii) We allow hunting with slugs, rifle, or pistol ammunition 
larger than .22 caliber rimfire only during the quota hunts for deer. We 
prohibit use of buckshot when hunting.
    (xiii) We allow the incidental take of coyote, beaver, raccoon, and 
opossum when hunting for big game species with firearms and archery 
equipment authorized for use.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow anglers to enter the refuge no earlier than 4 a.m., and 
they must depart no later than 2 hours after legal sunset.
    (ii) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).
    (iii) We prohibit fish cleaning within 150 feet (45 m) of parking 
areas, maintained roads, and trails.
    (u) Upper Ouachita National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, dove, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) You must carry a signed refuge hunt permit (signed public use 
regulations brochure) and must carry and fill out daily a Visitor Check-
In Permit and Report (FWS Form 3-2405).
    (ii) Hunters may only hunt during designated refuge seasons as 
listed in the signed refuge hunt permit.
    (iii) We allow waterfowl hunting until 12 p.m. (noon) during the 
State season.
    (iv) Hunters may enter the refuge no earlier than 4 a.m. and must 
exit the refuge no later than 1:30 p.m.
    (v) We prohibit hunting within 100 feet (30 meters (m)) of the 
maintained rights-of-way of roads and from or across all-terrain vehicle 
(ATV) trails. We prohibit hunting within 50 feet (15 m) of, or 
trespassing on, aboveground oil, gas, or electrical transmission 
facilities.
    (vi) When hunting migratory game birds, you may only use dogs to 
locate, point, and retrieve.
    (vii) We allow ATVs only on trails designated for their use and 
marked by signs (see Sec.27.31 of this chapter). ATV trails are closed 
March 1 through August 31.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, raccoon, and opossum on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (u)(1)(i), (ii), (v), and 
(vii) of this section apply.
    (ii) You may enter the refuge no earlier than 4 a.m. and must exit 
no later than 2 hours after legal shooting hours.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (u)(1)(i), (ii), (v), and 
(vii) and (u)(2)(ii) of this section apply.
    (ii) Deer hunters must wear hunter orange as governed by State deer 
hunting regulations in wildlife management areas.
    (iii) We prohibit hunters from placing stands or hunting from stands 
on pine trees with white-painted bands and/or rings.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit leaving boats and other personal property on the 
refuge overnight (see Sec.27.93 of this chapter).
    (ii) You must tend trotlines daily. You must attach ends of 
trotlines by a length of cotton line that extends into the water.
    (iii) Recreational fishing using commercial gear (slat traps, etc.) 
requires a special refuge permit (Special Use Permit (FWS Form 3-1383-
G)), which is available at the refuge office. You

[[Page 393]]

must possess and carry the special refuge permit while fishing using 
commercial gear.
    (iv) We prohibit the taking of turtle (see Sec.27.21 of this 
chapter).

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54113, Aug. 31, 2020]



Sec.32.38  Maine.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Moosehorn National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, American woodcock, and snipe 
on designated areas of the refuge subject to the following conditions:
    (i) We require every hunter to possess and carry a personally signed 
refuge permit (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System).
    (ii) 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.
    (iii) We only allow portable or temporary blinds and decoys that 
must be removed from the refuge following each day's hunt (see Sec.
27.93 of this chapter).
    (iv) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of ruffed grouse, snowshoe 
hare, red fox, gray and red squirrel, raccoon, skunk, and woodchuck on 
designated areas of the refuge subject to the following condition: The 
conditions set forth at paragraphs (a)(1)(i), (ii) (except for hunters 
pursuing raccoon at night), and (iv) of this section apply.
    (3) Big game hunting. We allow hunting of black bear, bobcat, 
eastern coyote, moose, and white-tailed deer on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i), (ii) (except 
for hunters pursuing eastern coyote at night), and (iv) of this section 
apply.
    (ii) The hunter must retrieve all species harvested on the refuge.
    (iii) We allow eastern coyote hunting from October 1 to March 31.
    (iv) We allow tree stands, blinds, and ladders. You must clearly 
label any tree stand, blind, or ladder left on the refuge overnight with 
your hunting license number. You must remove your tree stand(s), 
blind(s), and/or ladder(s) from the refuge on the last day of the 
muzzleloader deer season (see Sec.27.93 of this chapter).
    (v) You may hunt black bear, eastern coyote, and white-tailed deer 
during the State archery and firearms deer seasons on the Baring 
Division east of State Route 191.
    (vi) We prohibit use of firearms to hunt bear and coyote during the 
archery deer season on the Baring Division east of Route 191. We 
prohibit the use of firearms, other than a muzzleloader, to hunt coyote 
during the deer muzzleloader season on the Baring Division east of Route 
191.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We only allow fishing from \1/2\ hour before legal sunrise to 
\1/2\ hour after legal sunset.
    (ii) We prohibit trapping fish for use as bait.
    (b) Petit Manan National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, woodcock, rail, and snipe on 
designated areas of the refuge subject to the following condition: We 
allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    (i) We allow the use of dogs consistent with State regulations.
    (ii) You may hunt coyotes from November 1 to March 31.
    (iii) Hunters must retrieve all species harvested on the refuge.
    (iv) We prohibit night hunting from \1/2\ hour after legal sunset 
until \1/2\ hour before legal sunrise the following day.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
black bear on designated areas of the refuge subject to the following 
conditions:
    (i) Petit Manan Point is open only during the State-prescribed 
muzzleloader deer season.

[[Page 394]]

    (ii) We allow black bear hunting during the firearm season for 
white-tailed deer.
    (iii) We allow hunters to enter the refuge 1 hour prior to legal 
sunrise and remain on the refuge 1 hour after legal sunset.
    (iv) We prohibit the use of dogs when hunting black bear.
    (4) [Reserved]
    (c) Rachel Carson National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, woodcock, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) Prior to entering designated refuge hunting areas, you must 
obtain a refuge permit (FWS Form 3-2439, Hunt Application--National 
Wildlife Refuge System) and sign and carry the permit at all times.
    (ii) We open designated youth hunting areas to hunters age 15 and 
younger who possess and carry a refuge hunting permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System). Youth hunters must 
be accompanied by an adult age 18 or older. The accompanying adult must 
possess and carry a refuge hunting permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System) and may also hunt.
    (iii) We allow the use of dogs consistent with State regulations.
    (iv) We only allow temporary blinds and stands, which you must 
remove at the end of each day's hunt (see Sec.27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of pheasant, quail, 
grouse, fox, and coyote on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (iii) of 
this section apply.
    (ii) We allow take of pheasant, quail, and grouse by falconry on the 
refuge during State seasons.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions as set forth at paragraphs (c)(1)(i) and (iv) of 
this section apply.
    (ii) We allow hunting with shotgun and archery only. We prohibit 
rifles and muzzleloading firearms for hunting.
    (iii) We allow turkey hunting during the fall season only, as 
designated by the State.
    (iv) We allow only archery on those areas of the Little River 
division open to hunting.
    (v) During the State firearm deer season, we only allow hunting of 
fox and coyote with archery or shotgun as incidental take with a refuge 
big game permit (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System).
    (vi) We allow hunting from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    (ii) We prohibit lead tackle.
    (iii) We prohibit trapping fish for use as bait.
    (d) Sunkhaze Meadows National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of migratory game birds on designated 
areas of the refuge subject to the following condition: We allow the use 
of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunters to enter the refuge 1 hour before legal 
shooting hours, and they must exit the refuge by 1 hour past legal 
shooting hours, except for hunters pursuing raccoons at night.
    (ii) The hunter must retrieve all species harvested on the refuge.
    (iii) We allow the use of dogs consistent with State regulations.
    (3) Big game hunting. We allow hunting of black bear, bobcat, moose, 
coyote, and white-tailed deer on designated areas of the refuge subject 
to the following conditions:
    (i) We allow hunters to enter the refuge 1 hour before legal 
shooting hours, and they must exit the refuge by 1 hour after legal 
shooting hours, except for hunters pursuing coyotes at night.

[[Page 395]]

    (ii) We allow tree stands, blinds, and ladders. You must clearly 
label tree stands, blinds, or ladders left on the refuge overnight with 
your State hunting license number. You must remove your tree stand(s), 
blind(s), and/or ladder(s) from the refuge on the last day of the 
muzzleloader deer season (see Sec.27.93 of this chapter).
    (iii) We allow the use of dogs consistent with State regulations.
    (iv) We allow coyote hunting from October 1 to March 31.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit trapping fish for 
use as bait.
    (e) Umbagog National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, snipe, coot, crow, and 
woodcock on designated areas of the refuge subject to the following 
condition: We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of fox, raccoon, 
woodchuck, squirrel, porcupine, skunk, snowshoe hare, ring-necked 
pheasant, and ruffed grouse on designated areas of the refuge subject to 
the following conditions:
    (i) We prohibit night hunting from \1/2\ hour after legal sunset 
until \1/2\ hour before legal sunrise the following day.
    (ii) We allow the use of dogs consistent with State regulations.
    (3) Big game hunting. We allow hunting of bear, white-tailed deer, 
coyote, turkey, and moose on designated areas of the refuge subject to 
the following conditions:
    (i) We allow the use of dogs consistent with State regulations.
    (ii) Hunters must retrieve all species harvested on the refuge.
    (iii) We allow temporary blinds and tree stands that are clearly 
marked with the owner's State hunting license number. You may erect 
temporary blinds and tree stands no earlier than 14 days prior to the 
hunting season, and you must remove them within 14 days after the 
hunting season (see Sec.27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.

[85 FR 54115, Aug. 31, 2020]



Sec.32.39  Maryland.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Blackwater National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose and duck on designated areas of the 
refuge subject to the following conditions:
    (i) You must obtain, and possess while hunting, a refuge waterfowl 
hunting permit (signed brochure or printed and signed copy of permit 
from Recreation.gov).
    (ii) Up to three additional hunters may accompany you on your 
reserved unit.
    (iii) We allow the use of dogs consistent with State regulations.
    (2) [Reserved]
    (3) Big game hunting. We allow the hunting of white-tailed deer, 
sika deer, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The general hunt regulations for this paragraph (a)(3) are:
    (A) You must obtain, and possess while hunting, a turkey or deer 
hunting permit (printed and signed copy of permit from Recreation.gov).
    (B) We prohibit organized deer drives unless authorized by the 
refuge manager. We define a ``deer drive'' as an organized or planned 
effort to pursue, drive, chase, or otherwise frighten or cause deer to 
move in the direction of any person(s) who is part of the organized or 
planned hunt and known to be waiting for the deer.
    (C) We prohibit shooting a projectile from a firearm, muzzleloader, 
bow, or crossbow from, down, or across any road that is traveled by 
vehicular traffic.
    (D) We prohibit the use of rimfire or centerfire rifles and all 
handguns, including muzzleloading pistols, for hunting.
    (ii) We do not allow archery deer hunters to hunt within areas 
designated for the youth hunt on designated days.

[[Page 396]]

    (iii) We allow turkey hunt permit holders (printed and signed copy 
of permit from Recreation.gov) to have an assistant, who must remain 
within sight and normal voice contact and abide by the rules set forth 
in the refuge's turkey brochure.
    (iv) We allow youth deer and turkey hunters to hunt on designated 
areas on designated days (youth hunt) if they meet the criteria of a 
``youth hunter'' as governed by State law and possess a turkey or deer 
hunting permit (printed and signed copy of permit from Recreation.gov).
    (v) For the designated disabled hunt: (A) We require disabled 
hunters to have their America the Beautiful Access pass (OMB Control 
1024-0252) in their possession while hunting in disabled areas.
    (B) Disabled hunters may have an assistant, age 18 or older, who 
must remain within sight and normal voice contact while hunting. 
Assistants must possess a printed and signed copy of a permit from 
Recreation.gov and a valid government-issued photo identification.
    (4) Sport fishing. We allow sport fishing and crabbing on designated 
areas of the refuge subject to the following conditions:
    (i) We allow fishing and crabbing only from April 1 through 
September 30 from legal sunrise to legal sunset in refuge waters, unless 
otherwise authorized by the refuge manager.
    (ii) We allow fishing and crabbing by boat in the Big Blackwater and 
the Little Blackwater River.
    (b) Eastern Neck National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) General hunt regulations for this paragraph (b)(3). (A) You must 
obtain, and possess while hunting, a deer or turkey hunting permit 
(printed and signed copy of permit from Recreation.gov).
    (B) We prohibit shooting a projectile from a firearm, muzzleloader, 
bow, or crossbow from, down, or across any road that is traveled by 
vehicular traffic.
    (C) We prohibit the use of rimfire or centerfire rifles and all 
handguns, including muzzleloading pistols, for hunting.
    (ii) We allow youth deer hunters to hunt on designated areas on 
designated days (youth hunt) if they meet the criteria of a ``youth 
hunter'' as governed by State law and possess a printed and signed copy 
of a permit from Recreation.gov.
    (iii) For the designated disabled hunt: (A) We require disabled 
hunters to have their America the Beautiful Access pass (OMB Control 
1024-0252) in their possession while hunting in disabled areas.
    (B) Disabled hunters may have an assistant who must be age 18 or 
older and remain within sight and normal voice contact. Assistants must 
possess a printed and signed copy of a permit from Recreation.gov and a 
valid government-issued photo identification.
    (4) Sport fishing. We allow sport fishing and crabbing in designated 
areas of the refuge subject to the following conditions:
    (i) We allow fishing and crabbing from designated shoreline areas 
located at the Ingleside Recreation Area from legal sunrise to legal 
sunset, April 1 through September 30.
    (ii) We allow fishing from designated shoreline areas located at the 
Chester River end of Boxes Point and Duck Inn Trails from legal sunrise 
to legal sunset.
    (c) Patuxent Research Refuge--(1) Migratory game bird hunting. We 
allow hunting of goose, duck, and dove on designated areas of the refuge 
subject to the following conditions:
    (i) We require a National Wildlife Refuge System Hunt Application 
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System), 
and a signed Statement of Hunter Ethics (FWS Form 3-2516).
    (ii) We prohibit hunting and scouting on Sundays and Federal 
holidays. No hunt-related activities may take place unless the Hunting 
Control Station is open.
    (iii) We allow the use of dogs consistent with State regulations.
    (iv) We prohibit wading in all impounded waters except for the 
placement and retrieval of decoys.

[[Page 397]]

    (2) Upland game hunting. We allow hunting of gray squirrel, eastern 
cottontail rabbit, and woodchuck on designated areas of the refuge 
subject to the following condition: The conditions set forth at 
paragraphs (c)(1)(i) through (iii) of this section apply.
    (3) Big game hunting. We allow hunting of turkey and white-tailed 
deer on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (ii) apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We require a National Wildlife Refuge System Fishing/Shrimping/
Crabbing/Frogging Application (FWS Form 3-2358).
    (ii) We prohibit the use and/or possession of lead sinkers.

[85 FR 54116, Aug. 31, 2020]



Sec.32.40  Massachusetts.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Assabet River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl and woodcock on designated areas 
of the refuge subject to the following conditions:
    (i) We allow hunters to enter the refuge 1\1/2\ hours before legal 
shooting hours, and they must exit the refuge by 1\1/2\ hours after 
legal shooting hours.
    (ii) Hunters must obtain and possess a refuge-specific hunting 
permit (FWS Form 3-2439, Hunt Application--National Wildlife Refuge 
System) to hunt on the refuge.
    (iii) You may begin scouting hunting areas 4 weeks prior to the 
opening day of your permitted season. We require possession of a valid 
refuge hunting permit (FWS Form 3-2439, Hunt Application--National 
Wildlife Refuge System) while scouting.
    (iv) We allow the use of dogs consistent with State regulations.
    (v) One nonhunting companion may accompany each permitted hunter. We 
prohibit nonhunting companions from hunting, but they may assist in 
other means. All companions must carry identification and stay with the 
hunter.
    (vi) Hunters may use temporary tree stands and ground blinds while 
engaged in hunting during the applicable seasons. Hunters must mark 
stands and blinds with their permit number. Hunters must remove all 
stands and blinds within 30 days after the end of the permitted season.
    (vii) Migratory waterfowl hunting hours are \1/2\ hour before legal 
sunrise to legal sunset.
    (2) Upland game hunting. We allow hunting of ruffed grouse, fox, 
coyote, gray squirrel, and cottontail rabbit on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (vi) of 
this section apply.
    (ii) Upland and big game hunting hours are \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (iii) North Unit B, Unit C, and South Unit are archery only.
    (iv) We prohibit the use of handguns or rifles for hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and bear on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (iii), 
(v), and (vi), and (2)(ii) through (iv) of this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow catch-and-release fishing only.

[[Page 398]]

    (ii) We allow the use of live bait with the exception of any 
amphibians or reptiles (frogs, salamanders, etc.).
    (b) Great Meadows National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl on designated areas of the refuge 
subject to the following conditions:
    (i) We allow hunters to enter the refuge 1\1/2\ hours before legal 
shooting hours, and they must exit the refuge by 1\1/2\ hours after 
legal shooting hours.
    (ii) Hunters must obtain and possess a refuge-specific hunting 
permit (FWS Form 3-2439, Hunt Application--National Wildlife Refuge 
System) to hunt on the refuge.
    (iii) Hunters may begin scouting hunting areas 4 weeks prior to the 
opening day of your permitted season. We require possession of a valid 
hunting permit (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System) while scouting.
    (iv) One nonhunting companion may accompany each permitted hunter. 
We prohibit nonhunting companions from hunting, but they may assist in 
other means. All companions must carry identification and stay with the 
hunter.
    (v) Hunters may use temporary tree stands and ground blinds while 
engaged in hunting during the applicable seasons. Hunters must mark 
stands and blinds with their permit number. Hunters must remove all 
stands and blinds within 30 days after the end of the permitted season.
    (vi) We allow the use of dogs consistent with State regulations.
    (vii) Migratory waterfowl hunting hours are \1/2\ hour before legal 
sunrise to legal sunset.
    (2) Upland game hunting. We allow hunting of coyote on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii), 
(iv), and (vi) of this section apply.
    (ii) Upland and big game hunting hours are \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (iii) We allow archery hunting only for upland game.
    (3) Big game hunting. We allow archery hunting of whitetail deer, 
turkey, and bear on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (v) and 
(b)(2)(ii) of this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (c) Mashpee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
refuge subject to the following conditions:
    (i) We allow hunters to access the refuge 1\1/2\ hours before legal 
shooting hours until 1\1/2\ hours after legal shooting hours.
    (ii) Hunters may begin scouting hunting areas 4 weeks prior to the 
opening day of your permitted season. We require possession of a valid 
refuge hunting permit (FWS Form 3-2439, Hunt Application--National 
Wildlife Refuge System) while scouting.
    (iii) We allow the use of dogs consistent with State regulations.
    (iv) One nonhunting companion may accompany each permitted hunter. 
We prohibit nonhunting companions from hunting, but they may assist in 
other means. All companions must carry identification and stay with the 
hunter.
    (v) Hunters must clearly label tree stands and ground blinds with 
their State hunting license number.
    (vi) Migratory waterfowl hunting hours are \1/2\ hour before legal 
sunrise to legal sunset.
    (2) Upland game hunting. We allow hunting of coyote, fox, raccoon, 
opossum, gray squirrel, quail, pheasant, crow, and ruffed grouse on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) through (iv) of 
this section apply.
    (ii) Upland and big game hunting hours are \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.

[[Page 399]]

    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i), (ii), (iv), 
and (v), and (c)(2)(ii) of this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) [Reserved]
    (d) Monomoy National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory waterfowl on designated areas of 
the refuge by boat subject to the following condition: We allow the use 
of dogs consistent with State regulations.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset on 
designated portions of the Monomoy Islands unless otherwise posted.
    (ii) We allow surf fishing from the Morris Island shore 24 hours a 
day.
    (e) Nantucket National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (f) Oxbow National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of waterfowl, woodcock, and Wilson's snipe on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunters to enter the refuge 1\1/2\ hours before legal 
shooting hours, and they must exit the refuge by 1\1/2\ hours after 
legal shooting hours.
    (ii) Hunters must obtain and possess a refuge-specific hunting 
permit (FWS Form 3-2439, Hunt Application--National Wildlife Refuge 
System) to hunt on the refuge.
    (iii) Hunters may begin scouting hunting areas 4 weeks prior to the 
opening day of your permitted season. We require possession of a valid 
refuge hunting permit (FWS Form 3-2439, Hunt Application--National 
Wildlife Refuge System) while scouting.
    (iv) We allow the use of dogs consistent with State regulations.
    (v) Hunters may use temporary tree stands and ground blinds while 
engaged in hunting during the applicable seasons. Hunters must mark 
stands and blinds with their permit number. Hunters must remove all 
stands and blinds within 30 days after the end of the permitted season.
    (vi) One nonhunting companion may accompany each permitted hunter. 
We prohibit nonhunting companions from hunting, but they can assist in 
other means. All companions must carry identification and stay with the 
hunter.
    (vii) Migratory waterfowl hunting hours are \1/2\ hour before legal 
sunrise to legal sunset.
    (2) Upland game hunting. We allow hunting of ruffed grouse, gray 
squirrel, coyote, fox, and eastern cottontail rabbit on designated areas 
of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i) through (vi) of 
this section apply.
    (ii) Upland and big game hunting hours are \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (iii) Hospital Road North Unit and Still River Depot Area are 
archery only.
    (iv) We prohibit the use of handguns or rifles for hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and bear on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i) through (iii), 
(v), and (vi) and (2)(ii) and (iv) of this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing in designated areas of the 
refuge.
    (g) Parker River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, brant, coot, crow, merganser, 
rail, snipe, and woodcock on designated areas of the

[[Page 400]]

refuge subject to the following conditions:
    (i) Hunters may enter the refuge \1/2\ hour before legal shooting 
hours and must exit the refuge by \1/2\ hour after legal shooting hours.
    (ii) We prohibit the use of centerfire rifles and handguns to hunt 
any species.
    (iii) We prohibit shooting across refuge roads and within or into 
administratively closed zones.
    (iv) We prohibit launching motorized boats for scouting purposes 
prior to hunting.
    (v) We allow the use of dogs consistent with State regulations.
    (vi) We allow crow hunting only from September 1 through February 
28.
    (vii) Migratory waterfowl hunting hours are \1/2\ hour before legal 
sunrise to legal sunset.
    (2) Upland game hunting. We allow hunting of ruffed grouse, 
pheasant, cottontail rabbit, hare, gray squirrel, coyote, fox, raccoon, 
and opossum on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) through (iii), 
and (v) (with the exception that we prohibit dogs while hunting 
furbearers) of this section apply.
    (ii) Upland and big game hunting hours are \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) through (iii) 
and (g)(2)(ii) of this section apply.
    (ii) We allow hunting of white-tailed deer on Plum Island subject to 
the following conditions:
    (A) We allow archery, primitive firearms, shotgun, and crossbow (by 
MassWildlife permit only, for certain disabled persons) hunting during a 
designated 2-day hunt on the first Wednesday and Thursday of the State 
shotgun deer season.
    (B) You must have a lottery-issued hunt permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System) to hunt during this 
2-day time period.
    (iii) We allow hunting of deer and wild turkey in Areas A, B, C, and 
D subject to the following condition: You may take deer using archery 
equipment only.
    (4) Sport fishing. We allow saltwater fishing on designated areas of 
the refuge subject to the following conditions:
    (i) We allow saltwater fishing on the ocean beach from legal sunrise 
to legal sunset without a refuge permit.
    (ii) Stage Island is open to fishing from legal sunrise to legal 
sunset.
    (iii) Nelson Island is open to fishing from legal sunrise to legal 
sunset.
    (iv) We allow walk-on night fishing after legal sunset with a valid 
refuge permit (FWS Form 3-2358, National Wildlife Refuge System Fishing/
Shrimping/Crabbing/Frogging Application; vehicle sticker issued by the 
refuge office).
    (v) We allow anglers to use over-the-sand, surf-fishing vehicles, or 
off-road vehicles (ORVs) with a valid refuge permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System) and permit fee, as 
determined in an annual lottery.
    (h) Silvio O. Conte National Fish and Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of migratory game birds on 
designated areas subject to the following conditions:
    (i) Hunters may access the refuge 1\1/2\ hours before legal sunrise 
until 1\1/2\ hours after legal sunset.
    (ii) We prohibit access to Third Island between January 1 and June 
30.
    (iii) We allow the use of dogs consistent with State regulations.
    (iv) Migratory waterfowl hunting hours are \1/2\ hour before legal 
sunrise to legal sunset.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i) through (iii) 
of this section apply.
    (ii) Upland and big game hunting hours are \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following condition: The conditions 
set forth at

[[Page 401]]

paragraphs (h)(1)(i) and (h)(2)(ii) of this section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i) and (ii) of 
this section apply.
    (ii) We prohibit launching of motorboats from the refuge.
    (iii) We prohibit the use of reptiles and amphibians as bait.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54117, Aug. 31, 2020]



Sec.32.41  Michigan.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Detroit River International Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, goose, rail, gallinule, coot, 
woodcock, and snipe on designated areas of the refuge subject to the 
following conditions:
    (i) You must remove all of your blinds, boats, and decoys from the 
refuge each day (see Sec.27.93 of this chapter).
    (ii) We allow refuge access from 1\1/2\ hours prior to legal sunrise 
until 1 hour after legal sunset.
    (iii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (iv) We allow hunting of waterfowl only on the Plum Creek Bay Unit 
of the refuge and only through boat access.
    (v) We allow hunting of waterfowl only on the Brancheau Unit of the 
refuge as governed by Pointe Mouillee State Game Area special hunt 
regulations and subject to the following conditions:
    (A) You must obtain and possess a State-issued permit for this unit 
by entering the Michigan Department of Natural Resources' daily drawing 
at the Pointe Mouillee State Game Area.
    (B) You must remain with 75 feet (22.5 meters) of your assigned 
blind or numbered post. We allow an exception for unarmed (hunting 
weapons) retrieval of waterfowl.
    (C) We allow only nonmotorized boats.
    (D) We prohibit shot size larger than BBB.
    (2) Upland game hunting. We allow hunting of pheasant, squirrel, 
rabbit, fox, raccoon, and coyote on designated areas of the refuge and 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (iii) 
of this section apply.
    (ii) You may possess only approved nontoxic shot (see Sec.32.2(k)) 
while in the field with the following exception: While hunting fox, 
coyotes, and raccoons in units where we allow it, you may use single 
projectile shot such as bullets, slugs, or muzzleloader bullets 
containing lead. We prohibit the use of buckshot for any hunting on the 
refuge.
    (iii) On the Humbug Island Unit, you may only hunt with shotgun 
shells or archery equipment.
    (3) Big game hunting. We allow hunting of deer and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (ii) of 
this section apply.
    (ii) For wild turkey hunting, you may possess only approved nontoxic 
shot (see Sec.32.2(k)) while in the field.
    (iii) For deer hunting, you may possess only single projectile shot. 
We prohibit the use of buckshot for any hunting on the refuge.
    (iv) We allow portable tree stands for deer hunting. We allow only 
one tree stand per hunter per refuge unit.
    (v) For Humbug Marsh Mainland only:
    (A) You must obtain and possess a State-issued permit for this unit 
by entering the Michigan Department of Natural Resources' annual 
drawing.
    (B) You must obtain and possess a state access permit (issued by the 
refuge) for the date on which you are hunting in the Humbug Marsh Unit.
    (C) You must hunt from a provided fixed hunting platform and/or 
blind.
    (vi) The Humbug Island Unit is closed to firearm deer hunting. We 
allow only archery deer hunting on Humbug Island.

[[Page 402]]

    (vii) The Fix Unit is closed to firearm deer hunting. We allow only 
archery deer hunting in the Fix Unit.
    (4) [Reserved]
    (b) Harbor Island National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
black bear subject to the following condition: We prohibit the use of 
dogs when hunting.
    (4) [Reserved]
    (c) Kirtland's Warbler Wildlife Management Area--(1) Migratory game 
bird hunting. We allow migratory game bird hunting.
    (2) Upland game hunting. We allow upland game hunting.
    (3) Big game hunting. We allow big game hunting.
    (4) [Reserved]
    (d) Michigan Wetland Management District--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds subject to the 
following conditions:
    (i) Hunters must remove boats, decoys, blinds, and blind materials 
at the end of each day (see Sec.27.93 of this chapter).
    (ii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow hunting of upland game subject to 
the following condition: The conditions set forth at paragraphs 
(d)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow the hunting of big game.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (e) Seney National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of woodcock and snipe on designated areas of the refuge 
subject to the following condition: We allow the use of dogs when 
hunting migratory birds, provided the dog is under the immediate control 
of the hunter at all times.
    (2) Upland game hunting. We allow hunting of ruffed grouse and 
snowshoe hare on designated areas of the refuge subject to the following 
condition: We allow the use of dogs when hunting upland game, provided 
the dog is under the immediate control of the hunter at all times.
    (3) Big game hunting. We allow the hunting of deer and bear on 
designated areas of the refuge subject to the following condition: We 
prohibit the use of dogs while deer or bear hunting.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the use of fishing weights or lures containing lead.
    (ii) We allow ice fishing from January 1 through the end of 
February.
    (iii) Anglers must remove ice fishing shelters and all other 
personal property from the refuge each day (see Sec.27.93 of this 
chapter).
    (iv) We allow fishing on designated refuge pools from May 15 through 
September 30.
    (v) We allow fishing only from legal sunrise to legal sunset.
    (f) Shiawassee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl (duck and goose), American coot, 
common gallinule, sora, Virginia rail, and Wilson's snipe on designated 
areas of the refuge subject to the following conditions:
    (i) You must possess and carry a refuge check-in card.
    (ii) We allow waterfowl hunting on Saturdays, Sundays, Tuesdays, and 
Thursdays during the regular goose season after September 30.
    (iii) We allow hunter access to the refuge 1\1/2\ hours before legal 
shooting time.
    (iv) You may possess no more than 25 shotgun shells while hunting in 
the field.
    (v) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (vi) We allow the take of feral hogs incidental to other lawful 
hunting using legal methods of take.
    (2) Upland game hunting. We allow hunting of turkey, small game 
(eastern fox squirrel, eastern cottontail, ring-necked pheasant, 
American woodcock, and American crow), and furbearers (raccoon, coyote, 
and red fox) on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (f)(1)(vi) of this section 
applies.
    (ii) You may only hunt turkey during the spring season.

[[Page 403]]

    (iii) We allow hunter access for the spring wild turkey season from 
1\1/2\ hours before legal shooting time to \1/2\ hour after legal 
shooting time.
    (iv) We allow hunter access for small game hunting from \1/2\ hour 
before legal shooting time to \1/2\ hour after legal shooting time.
    (v) We allow hunter access for furbearer hunting from \1/2\ hour 
before legal sunrise to \1/2\ hour after legal sunset.
    (vi) We allow dogs for hunting. Raccoon hunting dogs must wear 
global positioning system (GPS) or radio collars.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (f)(1)(vi) of this section 
applies.
    (ii) You must possess and carry a refuge permit (State-issued 
permit).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing by boat in navigable waterways but not within 
any managed refuge units.
    (ii) We allow bank fishing from legal sunrise to legal sunset only 
at designated sites along the Tittabawassee and Cass Rivers.



Sec.32.42  Minnesota.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Agassiz National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow youth waterfowl hunting on designated areas of the 
refuge subject to the following conditions:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, cameras, and other personal property brought onto the refuge 
at the end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iv) We close the refuge from 7 p.m. to 5:30 a.m.
    (v) We allow the use of motorless boats for hunting.
    (vi) We only allow waterfowl hunting during the State's youth 
waterfowl season.
    (2) Upland game hunting. We allow hunting of ruffed grouse and 
sharp-tailed grouse on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (v) of 
this section apply.
    (ii) We only allow hunting from the opening of the State's deer 
firearms season to the close of the State's ruffed grouse and sharp-
tailed grouse seasons, respectively.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
moose on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (a)(1)(ii) through (v) of 
this section apply.
    (ii) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to motorized public vehicle transportation 
at a big game animal or a decoy of a big game animal.
    (iii) We only allow archery hunting from the start of the State's 
deer firearms season, and close as governed by the State's archery deer 
season.
    (4) [Reserved]
    (b) Big Stone National Wildlife Refuge--(1) Migratory game bird 
hunting. We prohibit the hunting of migratory game birds. We allow the 
unarmed retrieval of waterfowl, legally taken outside the refuge, up to 
100 yards (90 meters) inside the refuge boundary.
    (2) Upland game hunting. We allow hunting of ring-necked pheasant, 
Hungarian partridge, cottontail and jack rabbit, raccoon, striped skunk, 
gray and fox squirrel, red and gray fox, and wild turkey on designated 
areas of the refuge subject to the following conditions:
    (i) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells (see Sec.32.2(k)) while in the field.

[[Page 404]]

    (ii) We allow the use of dogs for upland game bird hunting only, 
provided the dog is under the immediate control of the hunter at all 
times.
    (iii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iv) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (v) You may only hunt fox and raccoon from \1/2\ hour before legal 
sunrise until legal sunset from the beginning of the State season 
through the last day of February.
    (vi) You may only hunt striped skunk from \1/2\ hour before legal 
sunrise until legal sunset from September 1 through the last day of 
February.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (ii) The conditions set forth at paragraphs (b)(2)(iii) and (iv) of 
this section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow only bank fishing on all refuge pools and open marshes.
    (ii) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (c) Big Stone Wetland Management District--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds throughout the 
district subject to the following conditions:
    (i) We allow the use of dogs for hunting, provided the dog is under 
the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the district at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting throughout the 
district subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) through (iii) 
of this section apply.
    (ii) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow hunting of white-tailed deer 
throughout the district subject to the following condition: The 
conditions set forth at paragraphs (c)(1)(ii) and (iii) of this section 
apply.
    (4) Sport fishing. We allow fishing throughout the district subject 
to the following condition: The condition set forth at paragraph 
(c)(1)(iii) of this section applies.
    (d) Crane Meadows National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow the hunting of goose, duck, merganser, coot, woodcock, 
common moorhen, mourning dove, Sora/Virginia rail, crow, and common 
snipe on designated areas of the refuge subject to the following 
conditions:
    (i) We require a signed hunt brochure. You must carry this signed 
brochure when hunting on the refuge.
    (ii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (iii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iv) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (v) We prohibit entry onto the refuge earlier than 2 hours before 
legal shooting time, and we require hunters to leave the refuge no later 
than 2 hours after legal shooting time.

[[Page 405]]

    (2) Upland game hunting. We allow hunting of ruffed grouse; ring-
necked pheasant; red, gray, and fox squirrel; cottontail rabbit; 
jackrabbit; snowshoe hare; red and gray fox; raccoon; badger; bobcat; 
coyote; striped skunk; opossum; long and short tailed weasel; and turkey 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (d)(1)(ii) through (v) of 
this section apply.
    (ii) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (iii) We allow the use of dogs when hunting, except when hunting 
furbearers, provided the dog is under the immediate control of the 
hunter at all times.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (d)(1)(i), (iii), and 
(iv) of this section apply.
    (ii) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (iii) We prohibit the possession of hunting firearms or archery 
equipment on areas closed to deer hunting.
    (4) [Reserved]
    (e) Detroit Lakes Wetland Management District--(1) Migratory game 
bird hunting. We allow hunting of migratory game birds 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:
    (i) We allow the use of dogs for hunting, provided the dog is under 
the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the district at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting throughout the 
district, except that we prohibit hunting on the Headquarters WPA in 
Becker County, the Hitterdal WPA in Clay County, and the McIntosh WPA in 
Polk County. The following conditions apply:
    (i) The conditions set forth at paragraphs (e)(1)(i) through (iii) 
of this section apply.
    (ii) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow big game hunting throughout the 
district, except that we prohibit hunting on the Headquarters WPA in 
Becker County, the Hitterdal WPA in Clay County, and the McIntosh WPA in 
Polk County. The following conditions apply:
    (i) The conditions set forth at paragraphs (e)(1)(ii) and (iii) of 
this section apply.
    (ii) Hunters may use portable stands.
    (4) Sport fishing. We allow sport fishing throughout the district 
subject to the following condition: The condition set forth at paragraph 
(e)(1)(iii) of this section applies.
    (f) Fergus Falls Wetland Management District--(1) Migratory game 
bird hunting. We allow hunting of migratory game birds throughout the 
district, except that we prohibit hunting on the Townsend, Mavis, and 
Gilmore waterfowl production areas (WPAs) and the building and 
administrative area of Knollwood WPA in Otter Tail County, and on the 
Larson WPA in Douglas County. The following conditions apply:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the district at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).

[[Page 406]]

    (2) Upland game hunting. We allow upland game hunting throughout the 
district, except that we prohibit hunting on the Townsend, Mavis, and 
Gilmore WPAs and in designated portions of Knollwood WPA in Otter Tail 
County, and on the Larson WPA in Douglas County. The following 
conditions apply:
    (i) The conditions set forth at paragraphs (f)(1)(i) through (iii) 
of this section apply.
    (ii) You may use and possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow big game hunting throughout the 
district, except that we prohibit hunting on the Townsend, Mavis, and 
Gilmore WPAs and the building and administrative area of Knollwood WPA 
in Otter Tail County, and on the Larson WPA in Douglas County. The 
following condition applies: The conditions set forth at paragraphs 
(f)(1)(ii) and (iii) of this section apply.
    (4) Sport fishing. We allow sport fishing throughout the district, 
except that we prohibit hunting on the Townsend, Mavis, and Gilmore WPAs 
and the building and administrative area of Knollwood WPA in Otter Tail 
County, and on the Larson WPA in Douglas County. The following condition 
applies: The condition set forth at paragraph (f)(1)(iii) of this 
section applies.
    (g) Glacial Ridge National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, woodcock, snipe, rail, 
and mourning dove on designated areas of the refuge subject to the 
following conditions:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iv) We allow nonmotorized boats in areas open to migratory bird 
hunting during the migratory bird hunting seasons.
    (v) We prohibit hunting during the Spring Light Goose Conservation 
Order.
    (vi) We allow hunting during special State-administered youth 
seasons.
    (vii) We allow the use of wheeled, nonmotorized conveyance devices 
(e.g., bikes, game carts).
    (viii) We prohibit entry onto the refuge earlier than 2 hours before 
legal shooting time, and we require hunters to leave the refuge no later 
than 2 hours after legal shooting time.
    (2) Upland game hunting. We allow hunting of prairie chicken, sharp-
tailed grouse, ring-necked pheasant, gray (Hungarian) partridge, ruffed 
grouse, rabbit (cottontail and jack), snowshoe hare, squirrel (fox and 
gray), and wild turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) through (iii) 
and (vi) through (viii) of this section apply.
    (ii) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(ii) through (iii) 
and (vi) through (viii) of this section apply.
    (ii) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (4) [Reserved]
    (h) Hamden Slough National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl on designated areas of the refuge 
subject to the following conditions:
    (i) We only allow youth waterfowl hunting on the State's youth 
waterfowl day.
    (ii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (iii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.

[[Page 407]]

    (iv) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (v) We prohibit entry to hunting areas earlier than 2 hours before 
legal shooting hours.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We only allow hunting during the State's muzzleloader season 
with muzzleloaders.
    (ii) The conditions set forth at paragraphs (h)(1)(iii) and (iv) of 
this section apply.
    (4) [Reserved]
    (i) Litchfield Wetland Management District--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds throughout the 
district, except we prohibit hunting on that part of the Phare Lake 
waterfowl production area (WPA) in Renville County that lies within the 
Phare Lake State Game Refuge. The following conditions apply:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the district at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting throughout the 
district, except we prohibit hunting on that part of the Phare Lake WPA 
in Renville County. The following conditions apply:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (iii) 
of this section apply.
    (ii) You may use and possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow big game hunting throughout the 
district, except we prohibit hunting on that part of the Phare Lake WPA 
in Renville County that lies within the Phare Lake State Game Refuge. 
The following condition applies: The conditions set forth at paragraph 
(i)(1)(ii) and (iii) of this section apply.
    (4) Sport fishing. We allow sport fishing throughout the district 
subject to the following condition: The condition set forth at paragraph 
(i)(1)(iii) of this section applies.
    (j) Minnesota Valley National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow the hunting of goose, duck, merganser, moorhen, 
coot, rail, woodcock, common snipe, and mourning dove on designated 
areas of the refuge subject to the following conditions:
    (i) We require a special use permit (FWS Form 3-1383-G) for refuge-
specific special hunts and refuge-specific population management hunts.
    (ii) We prohibit the discharge of a weapon on, from, across, or 
within 100 feet (30 meters) of any service road, parking area, or 
designated hiking trail.
    (iii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iv) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (v) We prohibit entry into the refuge earlier than 2 hours before 
legal shooting time.
    (vi) We allow the use of dogs while hunting migratory birds, 
provided the dog is under the immediate control of the hunter at all 
times.
    (vii) We prohibit hunting during the State spring goose hunt.
    (2) Upland game hunting. We allow hunting of ruffed grouse, gray 
partridge, ring-necked pheasant, American crow, squirrel (gray, fox, and 
red), snowshoe hare, cottontail rabbit, jackrabbit, raccoon, fox (red 
and gray), striped skunk, coyote, opossum, and wild turkey on designated 
areas of the refuge subject to the following conditions:

[[Page 408]]

    (i) The conditions set forth at paragraphs (j)(1)(i) through (v) of 
this section apply.
    (ii) We prohibit single projectile ammunition for hunting upland 
game and furbearers, except that we allow hunters to use small-caliber 
rimfire rifles and handguns (.22 caliber and smaller) on designated 
areas of the refuge.
    (iii) We prohibit the use of dogs for hunting furbearers. We allow 
the use of dogs while hunting upland game birds.
    (iv) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (v) You may only hunt fox, opossum, and raccoon from \1/2\ hour 
before legal sunrise until legal sunset, from the beginning of the State 
season through the last day of February, on designated areas of the 
refuge.
    (vi) You may only hunt coyotes and skunks from \1/2\ hour before 
legal sunrise until legal sunset, from September 1 through the last day 
of February, on designated areas of the refuge.
    (vii) You may only hunt crows during the State-designated crow 
seasons, which occur between September 1 and the last day of February, 
on designated areas of the refuge.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: The 
conditions set forth at paragraphs (j)(1)(i) through (v) of this section 
apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge during daylight hours subject to the following conditions:
    (i) The condition set forth at paragraph (j)(1)(iv) of this section 
applies.
    (ii) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (k) Minnesota Valley Wetland Management District--(1) Migratory game 
bird hunting. We allow hunting of migratory game birds throughout the 
district subject to the following conditions:
    (i) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (ii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the district at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow upland game hunting throughout the 
district subject to the following conditions:
    (i) The conditions set forth at paragraphs (k)(1)(i) through (iii) 
of this section apply.
    (ii) We prohibit the possession of single projectile ammunition for 
hunting on the Soberg waterfowl production area (WPA).
    (iii) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow big game hunting throughout the 
district subject to the following conditions:
    (i) The conditions set forth at paragraphs (k)(1)(i) through (iii) 
of this section apply.
    (ii) We prohibit firearms deer hunting on Soberg WPA.
    (4) Sport fishing. We allow sport fishing throughout the district 
subject to the following conditions: The condition set forth at 
paragraph (k)(1)(ii) of this section applies.
    (l) Morris Wetland Management District--(1) 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. 
The following conditions apply:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders, 
including those made from natural vegetation at the end of each day.
    (iii) All boats, decoys, blind materials, stands, platforms, and 
other personal property (see 27.93 and 27.94 of this chapter) brought 
onto the WPA,

[[Page 409]]

must be removed at the end of each day.
    (2) Upland game hunting. We allow hunting of upland game, except 
that we prohibit hunting on the designated portions of the Edward-Long 
Lake WPA in Stevens County. The following conditions apply:
    (i) The conditions set forth at paragraphs (l)(1)(i) through (iii) 
of this section apply.
    (ii) You may use and possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) 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 WPA in Stevens County. The following condition 
applies: The conditions set forth at paragraphs (l)(1)(ii) and (iii) of 
this section apply.
    (4) Sport fishing. We allow fishing throughout the district, except 
that we prohibit fishing on the designated portions of the Edward-Long 
WPA in Stevens County. The following condition applies: The condition 
set forth at paragraph (l)(1)(iii) of this section applies.
    (m) Northern Tallgrass Prairie National Wildlife Refuge--(1) 
Migratory game bird hunting. We allow hunting of duck, goose, merganser, 
moorhen, coot, rail (Virginia and sora only), woodcock, common snipe, 
mourning dove, and sandhill crane subject to the following conditions:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iv) We allow hunting on the unit located within the Hiawatha Game 
Refuge in Pipestone County, as governed by applicable State regulations.
    (v) We allow hunting on the Spieker tract in Clay County, as 
governed by applicable State regulations.
    (2) Upland game hunting. We allow hunting of wild turkey, ring-
necked pheasant, Hungarian partridge, prairie chicken, spruce grouse, 
ruffed grouse, sharp-tailed grouse, rabbit (cottontail and jack), 
snowshoe hare, squirrel (fox and gray), raccoon, opossum, fox (red and 
gray), badger, coyote, bobcat, striped skunk, and crow on designated 
areas subject to the following conditions:
    (i) The conditions set forth at paragraphs (m)(1)(ii) through (iv) 
of this section apply.
    (ii) We prohibit the use of dogs for hunting furbearers. For all 
other upland game, we allow the use of dogs while hunting, provided the 
dog is under the immediate control of the hunter at all times.
    (iii) You may use or possess only approved nontoxic shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow hunting of deer, elk, and black bear 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (m)(1)(ii) through (iv) 
of this section apply.
    (ii) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (ii) The condition set forth at paragraph (m)(1)(iii) of this 
section applies.
    (n) Rice Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of woodcock and common snipe on designated 
areas of the refuge subject to the following conditions:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.

[[Page 410]]

    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow hunting of ruffed grouse, spruce 
grouse, gray and fox squirrel, cottontail rabbit, and snowshoe hare on 
designated areas of the refuge subject to the following condition: The 
conditions set forth at paragraphs (n)(1)(i) through (iii) of this 
section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require a State-issued permit for firearms hunting.
    (ii) The conditions set forth at paragraphs (n)(1)(ii) and (iii) of 
this section apply.
    (iii) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We only allow fishing from nonmotorized boats or boats powered 
by electric motors in designated areas.
    (ii) The condition set forth at paragraph (n)(1)(iii) of this 
section applies.
    (iii) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (o) Rydell National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, woodcock, and mourning 
dove on designated areas of the refuge subject to the following 
conditions:
    (i) We only allow hunting of goose, duck, and coot during the 
special State-administered youth waterfowl season.
    (ii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (iii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iv) We allow nonmotorized boats in areas open to migratory bird 
hunting during the special State-administered youth waterfowl season.
    (v) We prohibit hunting during the Spring Light Goose Conservation 
Order.
    (vi) We allow the use of wheeled, nonmotorized conveyance devices 
(e.g., bikes, game carts).
    (vii) We prohibit entry onto the refuge earlier than 2 hours before 
legal shooting time, and we require hunters to leave the refuge no later 
than 2 hours after legal shooting time.
    (2) Upland game hunting. We allow hunting of ring-necked pheasant, 
gray (Hungarian) partridge, ruffed grouse, prairie grouse, rabbit 
(cottontail and jack), snowshoe hare, squirrel (fox and gray), and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (o)(1)(ii), (iii), (vi), 
and (vii) of this section apply.
    (ii) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (iii) We prohibit the use of centerfire, rimfire, or muzzleloading 
rifles, and handguns.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit shooting at a big game animal or a decoy of a big 
game animal on, from, over, across, or within 30 feet (9 meters) of a 
roadway open to public vehicle transportation.
    (ii) We require a State-issued permit to hunt white-tailed deer in 
the Special Permit Area of the refuge.
    (iii) Archery is the only legal weapon for hunting deer, with the 
exception of during the special State-administered mentored youth hunt 
and disabled hunt.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and

[[Page 411]]

mussel (clam) species by any method on the refuge (see Sec.27.21 of 
this chapter).
    (ii) We allow fishing from May 1 through November 1.
    (p) Sherburne National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, rail, woodcock, and 
snipe on designated areas of the refuge subject to the following 
conditions:
    (i) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ii) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (iii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iv) We prohibit entry onto the refuge earlier than 2 hours before 
legal shooting time, and we require hunters to leave the refuge no later 
than 2 hours after legal shooting time.
    (v) We prohibit hunting from March 1 through August 31.
    (vi) We allow only nonmotorized boats, and they must be launched at 
designated access sites.
    (2) Upland game hunting. We allow hunting of ruffed grouse, ring-
necked pheasant, gray and fox squirrel, snowshoe hare, cottontail 
rabbit, jackrabbit, and turkey on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (p)(1)(i) through (v) of 
this section apply.
    (ii) We close the refuge to turkey hunting, except we allow a turkey 
hunt for youth hunters and persons with disabilities by special use 
permit (FWS Form 3-1383-G).
    (iii) You may use or possess only approved nontoxic shot shells (see 
Sec.32.2(k)) in the field while hunting turkey.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (p)(1)(ii) through (vi) 
of this section apply.
    (ii) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a roadway open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (ii) From March 1 through August 31 (the refuge wildlife sanctuary 
period), we allow fishing only from nonmotorized boats on the designated 
canoe route and on banks within 100 yards (91.44 meters) both upstream 
and downstream of designated access points.
    (q) Tamarac National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow the hunting of goose, duck, coot, woodcock, snipe, 
rail (Virginia and Sora), mourning dove, and American crow on designated 
areas of the refuge subject to the following conditions:
    (i) Hunting by tribal members is governed by White Earth Reservation 
regulations on those portions of the Reservation that are a part of the 
refuge.
    (ii) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the refuge at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (iv) You may hunt American crow from September 1 through the end of 
February within all migratory bird hunting areas, and from March 1 
through the end of season in areas open to migratory bird hunting south 
of County Highway 26.
    (v) Hunters must dismantle hunting blinds, platforms, and ladders 
made from natural vegetation at the end of each day.
    (2) Upland game hunting. We allow hunting of wild turkey; bobcat; 
ruffed

[[Page 412]]

grouse; red, gray, and fox squirrel; cottontail rabbit; jackrabbit; 
snowshoe hare; red fox; raccoon; and striped skunk on designated areas 
of the refuge subject to the following conditions:
    (i) You may only hunt fox and raccoon from \1/2\ hour before legal 
sunrise until legal sunset from the beginning of the State season 
through the last day of February within all upland game hunting areas, 
and from March 1 through the end of the season in areas open to upland 
game hunting south of County Highway 26.
    (ii) You may only hunt striped skunk from \1/2\ hour before legal 
sunrise until legal sunset from September 1 through the last day of 
February.
    (iii) During the fall season, you may hunt wild turkey as governed 
by State and Tribal seasons and regulations throughout the refuge. 
During the spring seasons, you may only hunt wild turkey south of County 
Highway 26, minus the areas east of County Highway 29, north of Pine 
Lake, and west of Chippewa Water Control Structure Road.
    (iv) You may possess only approved nontoxic shells (see 32.2(k)) 
when hunting wild turkey.
    (v) We allow the use of dogs when hunting, except when hunting 
furbearers, provided the dog is under the immediate control of the 
hunter at all times.
    (vi) The conditions set forth at paragraphs (q)(1)(ii), (iii), and 
(v) of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit shooting on, from, over, across, or within 30 feet 
(9 meters) of a road edge open to public vehicle transportation at a big 
game animal or a decoy of a big game animal.
    (ii) The conditions set forth at paragraphs (q)(1)(i), (ii), and (v) 
of this section apply.
    (4) Sport Fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing in North Tamarac Lake, Wauboose Lake, and Two 
Island Lake year-round as governed by State and/or White Earth 
Reservation regulations.
    (ii) We allow fishing in Blackbird Lake and Lost Lake from the first 
day of the State walleye season through Labor Day as governed by State 
and/or White Earth Reservation regulations.
    (iii) We allow fishing in Pine Lake from December 1 until March 31.
    (iv) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, or mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (v) The condition set forth at paragraph (q)(1)(ii) of this section 
applies.
    (r) Upper Mississippi River National Wildlife and Fish Refuge--(1) 
Migratory game bird hunting. We allow hunting of migratory game birds on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit migratory bird hunting from March 16 through August 
31 each year.
    (ii) You cannot reserve hunting areas, except at Potter's Marsh 
Managed Hunt Area, Pool 13, near Thomson, Illinois.
    (iii) In areas posted and shown on maps as ``Closed to All Access,'' 
we prohibit public entry, to include hunting and fishing, at all times. 
This area is named and located as follows: Crooked Slough Backwater, 
Pool 13, Illinois, 2,453 acres.
    (iv) In areas posted and shown on maps as ``No Entry--Sanctuary,'' 
we prohibit hunting at all times and all public entry except as 
specified. These areas are named and located as follows:
    (A) Pool Slough, Pool 9, Minnesota/Iowa, 1,126 acres.
    (B) Bertom Island, Pool 11, Wisconsin, 31 acres.
    (C) Guttenberg Ponds, Pool 11, Iowa, 252 acres.
    (D) Spring Lake, Pool 13, Illinois, 3,697 acres.
    (v) 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.

[[Page 413]]

    (A) The areas posted and marked on maps as ``Area Closed'' are named 
and located as follows:
    (1) Big Lake, Pool 4, Wisconsin, 2,210 acres.
    (2) Weaver Bottoms/Lost Island, Pool 5, Minnesota/Wisconsin, 3,508 
acres.
    (3) Polander Lake, Pool 5A, Minnesota/Wisconsin, 1,873 acres.
    (4) Lake Onalaska, Pool 7, Wisconsin, 7,366 acres (voluntary 
avoidance on 3,365 acres until mid-November).
    (5) Wisconsin Islands, Pool 8, Minnesota/Wisconsin, 6,538 acres.
    (6) Harpers Slough, Pool 9, Iowa/Wisconsin, 5,209 acres.
    (7) Wisconsin River Delta, Pool 10, Wisconsin, 1,414 acres (closed 
November 1 to end of duck season).
    (8) 12-Mile Island, Pool 11, Iowa, 1,139 acres.
    (9) Bertom-McCartney, Pool 11, Wisconsin, 2,384 acres (no voluntary 
avoidance provision).
    (10) Pleasant Creek, Pool 13, Iowa, 2,191 acres.
    (11) Elk River, Pool 13, Iowa, 1,248 acres.
    (B) The areas posted and marked on maps as ``Area Closed--No 
Motors'' are named and located as follows:
    (1) Peterson Lake, Pool 4, Wisconsin 572 acres.
    (2) Rieck's Lake, Pool 4, Wisconsin, 499 acres.
    (3) Spring Lake, Pool 5, Wisconsin, 254 acres.
    (4) Sturgeon Slough, Pool 10, Wisconsin, 340 acres.
    (5) 12-Mile Island, Pool 10, Iowa, 540 acres.
    (6) John Deere Marsh, Pool 11, Iowa, 439 acres.
    (7) Kehough Slough, Pool 12, Illinois, 333 acres.
    (8) Beaver Island, Pool 14, Iowa, 864 acres.
    (vi) In areas posted and shown on maps as ``No Hunting Zone'' or 
``No Hunting or Trapping Zone,'' we prohibit hunting at all times. These 
areas are named and located as follows:
    (A) Buffalo River, Pool 4, Wisconsin, 219 acres.
    (B) Fountain City Bay, Pool 5A, Wisconsin, 24 acres.
    (C) Upper Halfway Creek Marsh, Pool 7, Wisconsin, 143 acres.
    (D) Brice Prairie Tract, Pool 7, Wisconsin, 186 acres.
    (E) Hunter's Point, Pool 8, Wisconsin, 82 acres.
    (F) Goose Island, Pool 8, Wisconsin, 984 acres (also no motors and 
voluntary avoidance).
    (G) Sturgeon Slough, Pool 10, Wisconsin, 66 acres.
    (H) Goetz Island Trail, Pool 11, Iowa, 31 acres.
    (I) Crooked Slough Proper, Pool 13, Illinois, 270 acres.
    (J) Frog Pond, Pool 13, Illinois, 64 acres.
    (K) Ingersoll Wetlands Learning Center, Pool 13, Illinois, 41 acres.
    (L) Amann Tract, Pool 7, Wisconsin, 0.21 acre.
    (M) Lost Mound Unit Office and River Road, Pool 13, Illinois, 175 
acres.
    (vii) In the area posted and shown on maps as ``Mesquaki Lake No 
Hunting Zone,'' Pool 13, Illinois, we prohibit hunting migratory birds 
from April 1 through September 30.
    (viii) 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 also 
apply in this area.
    (ix) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (x) We allow working a dog in refuge waters by tossing a retrieval 
dummy or other object for out-and-back exercise.
    (xi) You may use natural material for temporary blinds, with 
restrictions. You may hunt from a boat blind or pop-up blind, or you may 
construct a temporary blind of natural materials. You may gather grasses 
and marsh vegetation (e.g., willow, cattail, bulrush, lotus, and/or 
arrowhead) from the refuge for blind-building materials. However, you 
may not gather, bring onto the refuge, or use for blind building any 
tree(s) or other plant parts, including dead wood on the ground, greater 
than 2 inches (5 centimeters (cm)) in diameter.

[[Page 414]]

    (xii) We require a 200-yard (182.9-meter) spacing distance between 
hunting parties on the Illinois portions of the refuge in Pools 12, 13, 
and 14.
    (xiii) You may set up hunting equipment the day of the hunt, but you 
must remove it at the end of each day (see Sec.27.93 of this chapter). 
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.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    (i) 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.
    (ii) The conditions set forth at paragraphs (r)(1)(ii) through (iv), 
(vi), (ix), (xi), and (xiii) of this section apply
    (iii) 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. 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.
    (iv) In the area posted and shown on maps as ``Mesquaki Lake No 
Hunting Zone,'' Pool 13, Illinois, we prohibit hunting upland game from 
April 1 to September 30.
    (v) For hunting, you may use or possess only approved nontoxic shot 
shells (see Sec.32.2(k)) while in the field, including shot shells 
used for hunting wild turkey.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following conditions:
    (i) We prohibit big game hunting from March 16 through August 31 
each year.
    (ii) In areas closed to public access on the Lost Mound Unit of 
Savanna District, Illinois, we allow firearm deer hunts as established 
by the refuge manager.
    (iii) The conditions set forth at paragraphs (r)(1)(ii) through 
(iv), (vi), (ix), (xi), and (xiii) and (r)(2)(v) of this section apply.
    (iv) In areas posted and shown on maps as ``No Entry--Sanctuary'' 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 at paragraph (r)(1)(iv) 
of this section.
    (v) 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. 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.
    (vi) In the area posted and shown on maps as ``Mesquaki Lake No 
Hunting Zone,'' Pool 13, Illinois, we prohibit big game hunting from 
April 1 to September 30.
    (vii) On refuge-managed lands in Illinois, we prohibit organized 
drives for deer. We define a ``deer drive'' as an organized or planned 
effort to pursue, drive, chase, or otherwise frighten or cause deer to 
move in the direction of any person(s) who is part of the organized or 
planned hunt and known to be waiting for the deer.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (r)(1)(iii) and (xi) of 
this section apply.
    (ii) 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.
    (iii) Commercial fishing in Spring Lake, Pool 13, Illinois, requires 
a Special Use Permit (FWS Form 3-1383-C) issued by the refuge or 
district manager (see Sec.31.13 of this chapter).
    (s) Windom Wetland Management District--(1) Migratory game bird 
hunting. We allow hunting of migratory game

[[Page 415]]

birds on designated areas of the district, except that we prohibit 
hunting on the Worthington waterfowl production area (WPA) in Nobles 
County and on designated portions of the Wolf Lake WPA in Cottonwood 
County. The following conditions apply:
    (i) You must remove all boats, decoys, blind materials, stands, 
platforms, and other personal property brought onto the district at the 
end of each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (ii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the district, except that we prohibit hunting on the 
Worthington WPA in Nobles County and on designated portions of the Wolf 
Lake WPA in Cottonwood County. The following condition applies: The 
conditions set forth at paragraphs (s)(1)(i) and (ii) of this section 
apply.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the district, except that we prohibit hunting on the 
Worthington WPA in Nobles County and on designated portions of the Wolf 
Lake WPA in Cottonwood County. The following conditions apply:
    (i) We allow the use of portable stands.
    (ii) The condition set forth at paragraph (s)(1)(i) of this section 
applies.
    (4) Sport fishing. We allow fishing throughout the district subject 
to the following condition: The condition set forth at paragraph 
(s)(1)(i) of this section applies.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54119, Aug. 31, 2020]



Sec.32.43  Mississippi.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bogue Chitto National Wildlife Refuge. Refer to Sec.32.37(g) 
for regulations.
    (b) Coldwater River National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of migratory ducks, geese, mergansers, 
coot, rails, snipe, and woodcock on designated areas of the refuge 
subject to the following conditions:
    (i) All hunters age 16 and older must possess a State-issued North 
Mississippi NWR hunting permit (code 606, available from the Mississippi 
Department of Wildlife, Fisheries, and Parks). While hunting on the 
refuge, all persons age 15 and younger (``youth hunter'') must be in the 
presence and under the direct supervision of a licensed or exempt hunter 
age 21 or older. A hunter supervising a youth hunter must hold all 
required licenses and permits.
    (ii) Hunters may enter the refuge at 4 a.m. and must exit the refuge 
no later than 12 p.m. (noon).
    (iii) We allow hunting of migratory game birds, including under the 
Light Goose Conservation Order, only on Wednesdays, Saturdays, and 
Sundays.
    (iv) Each hunter must obtain a daily Migratory Bird Hunt Report (FWS 
Form 3-2361). You must display the card in plain view on the dashboard 
of your vehicle so that the State-issued license number 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.'' We 
prohibit hunters possessing more than one Migratory Bird Hunt Report at 
a time.
    (v) It is unlawful to hunt from or shoot into the 100-foot (30.5-
meter) zone along either side of designated roads and parking lots.
    (vi) We allow the use of dogs on the refuge when hunting migratory 
game birds.
    (vii) You must remove decoys, blinds, boats, other personal 
property, and litter from the hunting area following each morning's hunt 
(see Sec. Sec.27.93 and 27.94 of this chapter).
    (viii) We allow no more than 25 shotshells per person in the field.
    (ix) We allow the take of beavers, coyotes, nutria, and feral hog 
during daylight hours only during any open season with weapons and 
ammunition legal for that season.
    (2) Upland game hunting. We allow hunting of quail, squirrel, and 
rabbit

[[Page 416]]

on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i), (ii), (v), and 
(ix) of this section apply.
    (ii) All hunters using shotguns for small game must use approved 
nontoxic shot (see Sec.32.2(k)).
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i), (ii), (iv) 
(substitute Big Game Harvest Report [FWS Form 3-2359] for Migratory Bird 
Hunt Report [FWS Form 3-2361]), and (vi) of this section apply.
    (ii) We prohibit dogs while hunting deer. We allow the use of dogs 
to hunt feral hog during designated hog seasons.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) 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.
    (v) Hunters may erect portable deer stands 2 weeks prior to the 
opening of archery season on the refuge and must remove them (see Sec.
27.93 of this chapter) by January 31.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit possession or use of jugs, seines, nets, hand-grab 
baskets, slat traps/baskets, or any other similar devices.
    (ii) 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 State fishing license number. 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 (see Sec.27.93 of this 
chapter).
    (iii) We allow crawfishing.
    (c) Dahomey National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, merganser, coot, rail, snipe, 
woodcock, and dove on designated areas of the refuge subject to the 
following conditions:
    (i) All hunters age 16 and older must possess a North Mississippi 
NWR hunting permit (code 606, available from the Mississippi Department 
of Wildlife, Fisheries, and Parks). While hunting on the refuge, all 
persons age 15 and younger (``youth hunter'') must be in the presence 
and under the direct supervision of a licensed or exempt hunter at age 
21 or older (``licensed hunter''). A hunter supervising a youth hunter 
must hold all required licenses and permits.
    (ii) Hunters may enter the refuge at 4 a.m. and must exit the refuge 
no later than 2 hours after legal sunset except during raccoon and frog 
hunts.
    (iii) We allow hunting of waterfowl (ducks, teal, mergansers, coots, 
and geese), rail and snipe, including under the Light Goose Conservation 
Order, only on Wednesdays, Saturdays, and Sundays ending at 12 p.m. 
(noon).
    (iv) Each hunter must obtain a daily Migratory Bird Hunt Report (FWS 
Form 3-2361). You must display the card in plain view on the dashboard 
of your vehicle so that the State-issued license number is readable. 
Prior to leaving the refuge, you must complete the card and deposit it 
at one of the refuge information stations. Include all game harvested, 
and if you harvest no game, report ``0.'' We prohibit hunters possessing 
more than one Migratory Bird Hunt Report at a time.
    (v) It is unlawful to hunt from or shoot into the 100-foot (30.5-
meter) zone along either side of designated roads and parking lots.
    (vi) We allow the use of dogs on the refuge when hunting migratory 
game birds and upland game. We prohibit the use of dogs during big game 
hunts.
    (vii) You must remove decoys, blinds, boats, other personal 
property, and litter from the hunting area following each morning's hunt 
(see Sec. Sec.27.93 and 27.94 of this chapter).

[[Page 417]]

    (viii) We allow no more than 25 shotshells per person in the field.
    (ix) We allow the take of coyote, beaver, nutria, and feral hog 
incidental to other lawful hunting using legal methods of take.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, and raccoon on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess a valid general Special Use Permit (FWS Form 3-
1383-G) to hunt raccoon on the refuge.
    (ii) Each hunter must obtain a daily Upland/Small Game/Furbearer 
Report (FWS Form 3-2362). You must display the card in plain view on the 
dashboard of your vehicle so that the State-issued license number is 
readable. Prior to leaving the refuge, you must complete the card and 
deposit it at one of the refuge information stations. Include all game 
harvested, and if you harvest no game, report ``0.'' We prohibit hunters 
possessing more than one Upland/Small Game/Furbearer Report at a time.
    (iii) The conditions set forth at paragraphs (c)(1)(i), (ii), (v) 
and (ix) of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) Each hunter must obtain a daily Big Game Harvest Report (FWS 
Form 3-2359). You must display the card in plain view on the dashboard 
of your vehicle so that the State-issued license number is readable. 
Prior to leaving the refuge, you must complete the card and deposit it 
at one of the refuge information stations. Include all game harvested, 
and if you harvest no game, report ``0.'' We prohibit hunters possessing 
more than one Big Game Harvest Report at a time.
    (ii) The conditions set forth at paragraphs (c)(1)(i), (ii), (v), 
and (ix) of this section apply.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) We prohibit hunting or shooting across any open, fallow, or 
planted field.
    (v) We allow valid permit holders to possess and hunt from one 
portable stand or blind on the refuge. You must clearly label your stand 
or blind with your State license/sportsmen's identification number. 
Stands left in the area do not reserve the hunting locations. You may 
place stands up to 7 days prior to the hunt, and you must remove them 
within 7 days after the refuge's deer season closes (see Sec.27.93 of 
this chapter). We prohibit the placement of ground blinds within mowed 
trails.
    (vi) Hunters using a climbing tree stand must use a fall-arrest 
system manufactured to Treestand Manufacturer's Association standards.
    (vii) We prohibit the use of buckshot on the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the use or possession of alcoholic beverages while 
fishing.
    (ii) We prohibit possession or use of jugs, seines, nets, hand-grab 
baskets, slat traps/baskets, or any other similar devices.
    (iii) We prohibit commercial fishing of any kind.
    (iv) We only allow trotlines, yo-yos, limb lines, crawfish traps, or 
any other similar devices and only for recreational use. You must tag or 
mark these devices with the angler's State fishing license number 
written with waterproof ink, legibly inscribed or legibly stamped on the 
tag. You must attend these devices a minimum of once every 24 hours. 
When not attended, you must remove these devices from the refuge (see 
Sec.27.93 of this chapter).
    (v) We allow frogging and crawfishing.
    (d) Grand Bay National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and mourning dove on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters must remove all decoys, blind material, and harvested 
waterfowl from the refuge at the end of each day's hunt (see Sec.27.93 
of this chapter).

[[Page 418]]

    (ii) You must only use portable or temporary blinds.
    (iii) We only allow the use of dogs when waterfowl hunting. We 
require all dogs to wear a collar displaying the owner's contact 
information.
    (iv) Each hunter must possess and carry a valid, signed copy of the 
refuge hunting brochure (signed brochure) while participating in refuge 
hunts.
    (2) Upland game hunting. We allow hunting of squirrel on designated 
areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (d)(1)(iv) of this section 
applies.
    (ii) We only allow .22 caliber rimfire.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (d)(1)(iv) of this section 
applies.
    (ii) We only allow hunting with bow and arrow. We prohibit firearms.
    (iii) We allow portable and climbing tree stands. Hunters must 
remove tree stands from the refuge at the end of each day's hunt (see 
Sec.27.93 of this chapter).
    (iv) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) [Reserved]
    (e) Hillside National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, merganser, coot, and dove on 
designated areas of the refuge subject to the following conditions:
    (i) Each person age 16 or older hunting or fishing must possess a 
valid Theodore Roosevelt Complex Annual Public Use Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
    (ii) All youth hunters age 15 and younger must be in the presence 
and direct supervision of a Mississippi licensed or exempt hunter, age 
21 or older. One adult may supervise no more than one youth hunter.
    (iii) Before hunting or fishing, all participants must display their 
Daily Visitor Information/Harvest Report Card (Big Game Harvest Report, 
FWS Form 3-2359) in plain view in their vehicle so that the State-issued 
license number is readable. You must return all cards upon completion of 
the activity and before leaving the refuge.
    (iv) We prohibit all other public use on the refuge during the 
muzzleloader deer and limited draw turkey hunts.
    (v) Valid permit holders may incidentally take opossum, coyote, 
beaver, bobcat, and nutria in any refuge hunt season with weapons legal 
for that hunt. Valid permit holders may incidentally take feral hog 
during deer and turkey hunts only.
    (vi) We prohibit hunting or shooting into a 100-foot (30.5-meter) 
zone along either side of pipelines, power line rights-of-way, 
designated roads, and trails, and around parking lots. It is considered 
hunting if you have a loaded weapon, if you have a nocked arrow while 
bow hunting, or if you are in an elevated tree stand or ground blind 
with a means to take, within these areas.
    (vii) Hunters must remove all decoys, blind material, and harvested 
waterfowl from the area no later than 1 p.m. each day (see Sec.27.93 
of this chapter).
    (viii) We allow the use of dogs for retrieving migratory birds.
    (ix) We allow goose, duck, merganser, and coot hunting beginning \1/
2\ hour before legal sunrise until 12 p.m. (noon).
    (x) We do not open for early teal season.
    (xi) We limit waterfowl hunters to 25 shotshells per person in the 
field.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, raccoon, opossum, coyote, beaver, bobcat, and nutria on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i) through (vi) of 
this section apply.
    (ii) We allow the use of dogs for hunting squirrel, raccoon, and 
quail, and for the February rabbit hunt.
    (iii) Beginning the first day after the deer muzzleloader hunt, we 
prohibit entry into the Turkey Point area until March 1.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and

[[Page 419]]

feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i) through (vi) 
and (e)(2)(iii) of this section apply.
    (ii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (iii) Hunting or shooting within or adjacent to open fields and tree 
plantations less than 5 feet (1.5 meters (m)) in height must be from a 
stand a minimum of 10 feet (3 m) above the ground.
    (iv) The refuge brochure provides deer check station locations and 
requirements. Prior to leaving the refuge, you must check all harvested 
deer at the nearest self-service check station (Big Game Harvest Report, 
FWS Form 3-2359) following the posted instructions.
    (v) Hunters may possess and hunt from only one stand or blind. 
Hunters may place a deer stand or blind 48 hours prior to a hunt and 
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where special 
regulations apply.
    (vi) During designated muzzleloader hunts, we allow archery 
equipment and muzzleloaders loaded with a single projectile; we prohibit 
breech-loading firearms of any type.
    (vii) Turkey hunting opportunities will consist of three limited 
draw hunts within the State season time frame. Limited draw hunts 
require a Limited Hunt Permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) assigned by random computer drawing. At 
the end of the hunt, you must return the permit with information 
concerning the hunt to the refuge. Failure to return this permit will 
disqualify the hunter for any limited hunts the next year.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i), (iii), (iv), 
and (e)(2)(iii) of this section apply.
    (ii) We prohibit trotlines, limb lines, jugs, seines, and traps.
    (iii) We allow frogging during the State bullfrog season.
    (iv) We allow fishing in the borrow ponds along the north levee 
throughout the year except during the muzzleloader deer hunt.
    (v) We open all other refuge waters to fishing March 1 through 
November 15.
    (f) Holt Collier National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of rabbit, opossum, 
coyote, beaver, bobcat, and nutria on designated areas of the refuge 
subject to the following conditions:
    (i) Each person age 16 or older hunting or fishing must possess a 
valid Theodore Roosevelt Complex Annual Public Use Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System)).
    (ii) All youth hunters age 15 and younger must be in the presence 
and direct supervision of a Mississippi licensed or exempt hunter, age 
21 or older. One adult may supervise no more than one youth hunter.
    (iii) Before hunting or fishing, all participants must display their 
Daily Visitor Information/Harvest Report Card (Big Game Harvest Report, 
FWS Form 3-2359) in plain view in their vehicle so that the required 
information is readable. You must return all cards upon completion of 
the activity and before leaving the refuge.
    (iv) We prohibit all other public use on the refuge during the 
muzzleloader deer hunt.
    (v) Valid permit holders may incidentally take opossum, coyote, 
beaver, bobcat, and nutria in any refuge hunt season with weapons legal 
for that hunt. Valid permit holders may incidentally take feral hog 
during deer hunts only.
    (vi) We allow the use of dogs for hunting during the February rabbit 
hunt.
    (vii) We prohibit hunting or shooting into a 100-foot (30.5-meter 
(m)) zone along either side of pipelines, power line rights-of-way, 
designated roads, and trails, and around parking lots. It is considered 
hunting if you have a loaded weapon, if you have a nocked arrow while 
bow hunting, or if you are

[[Page 420]]

in an elevated tree stand or ground blind with a means to take, within 
these areas.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (f)(2)(i) through (iii), 
(v), and (vii) of this section apply.
    (ii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (iii) Hunting or shooting within or adjacent to open fields or tree 
plantations less than 5 feet (1.5 m) in height must be from a stand a 
minimum of 10 feet (3 m) above the ground.
    (iv) Hunters may possess and hunt from only one stand or blind. 
Hunters may place a deer stand or blind 48 hours prior to a hunt and 
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where special 
regulations apply.
    (v) During designated muzzleloader hunts, we allow archery equipment 
and muzzleloaders loaded with a single projectile; we prohibit breech-
loading firearms of any type.
    (4) [Reserved]
    (g) Mathews Brake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, merganser, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) Each person age 16 or older who is hunting or fishing must 
possess a valid Theodore Roosevelt Complex Annual Public Use Permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System).
    (ii) All youth hunters age 15 and younger must be in the presence 
and direct supervision of a Mississippi licensed or exempt hunter, age 
21 or older. One adult may supervise no more than one youth hunter.
    (iii) Before hunting or fishing, all participants must display their 
Daily Visitor Information/Harvest Report Card (Big Game Harvest Report, 
FWS Form 3-2359) in plain view in their vehicle so that the required 
information is readable. You must return all cards upon completion of 
the activity and before leaving the refuge.
    (iv) Valid permit holders may incidentally take opossum, coyote, 
beaver, bobcat, and nutria in any refuge hunt season with weapons legal 
for that hunt. Valid permit holders may incidentally take feral hog 
during deer hunts only.
    (v) We prohibit hunting or shooting into a 100-foot (30.5 meter (m)) 
zone along either side of pipelines, power line rights-of-way, 
designated roads, and trails, and around parking lots. It is considered 
hunting if you have a loaded weapon, if you have a nocked arrow while 
bow hunting, or if you are in an elevated tree stand or ground blind 
with a means to take, within these areas.
    (vi) Hunters must remove all decoys, blind material, boats, and 
harvested waterfowl from the area no later than 1 p.m. each day (see 
Sec.27.93 of this chapter).
    (vii) We allow the use of dogs for retrieving migratory birds.
    (viii) We allow goose, duck, merganser, and coot hunting beginning 
\1/2\ hour before legal sunrise until 12 p.m. (noon).
    (ix) We do not open for early teal season.
    (x) We allow hunting during open State seasons. The first 2 days of 
the season and all weekends, with the exception of youth weekends, are 
limited draw hunts. These hunts require a Limited Hunt Permit (FWS Form 
3-2439, Hunt Application--National Refuge System) assigned by random 
computer drawing. At the end of the hunt, you must return the permit 
with information concerning your hunt. If you fail to return this 
permit, you will not be eligible for any limited hunts the next year.
    (xi) We limit waterfowl hunters to 25 shotshells per person in the 
field.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, coyote, beaver, bobcat, and nutria on designated areas 
of the refuge subject to the following conditions:

[[Page 421]]

    (i) The conditions set forth at paragraphs (g)(1)(i) through (v) of 
this section apply.
    (ii) We allow the use of dogs for hunting squirrel and raccoon, and 
for the February rabbit hunt.
    (iii) Beginning the day before waterfowl season, we restrict hunting 
to the waterfowl hunt area.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) through (v) and 
(g)(2)(iii) of this section apply.
    (ii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (iii) Hunting or shooting within or adjacent to open fields or tree 
plantations less than 5 feet (1.5 m) in height must be from a stand a 
minimum of 10 feet (3 m) above the ground.
    (iv) The refuge brochure provides deer check station dates, 
locations, and requirements. Prior to leaving the refuge, you must check 
all harvested deer at the nearest self-service check station following 
the posted instructions.
    (v) Hunters may possess and hunt from only one stand or blind. 
Hunters may place a deer stand or blind 48 hours prior to a hunt and 
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where special 
regulations apply.
    (vi) We allow archery hunting October 1 through January 31.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) and (iii) of 
this section apply.
    (ii) We prohibit trotlines, limb lines, jugs, seines, and traps.
    (iii) We allow frogging during the State bullfrog season.
    (iv) We open refuge waters to fishing throughout the year, except in 
the waterfowl sanctuary, which is closed one day prior to the beginning 
of waterfowl season until March 1.
    (h) Morgan Brake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, merganser, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) Each person age 16 or older who is hunting or fishing must 
possess a valid Theodore Roosevelt Complex Annual Public Use Permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System).
    (ii) All youth hunters age 15 and younger must be in the presence 
and direct supervision of a Mississippi licensed or exempt hunter, age 
21 or older. One adult may supervise no more than one youth hunter.
    (iii) Before hunting or fishing, all participants must display their 
Daily Visitor Information/Harvest Report Card (Big Game Harvest Report, 
FWS Form 3-2359) in plain view in their vehicle so that the required 
information is readable. You must return all cards upon completion of 
the activity and before leaving the refuge.
    (iv) We prohibit all other public use on the refuge during the 
muzzleloader deer hunt.
    (v) Valid permit holders may incidentally take opossum, coyote, 
beaver, bobcat, and nutria in any refuge hunt season with weapons legal 
for that hunt. Valid permit holders may incidentally take feral hog 
during deer hunts only.
    (vi) We prohibit hunting or shooting into a 100-foot (30.5-meter 
(m)) zone along either side of pipelines, power line rights-of-way, 
designated roads, and trails, and around parking lots. It is considered 
hunting if you have a loaded weapon, if you have a nocked arrow while 
bow hunting, or if you are in an elevated tree stand or ground blind 
with a means to take, within these areas.
    (vii) Hunters must remove all decoys, blind material, and harvested 
waterfowl from the area no later than 1 p.m. each day (see Sec.27.93 
of this chapter).
    (viii) We allow the use of dogs for retrieving migratory birds.
    (ix) We allow goose, duck, merganser, and coot hunting beginning \1/
2\ hour before legal sunrise until 12 p.m. (noon).

[[Page 422]]

    (x) We do not open for early teal season.
    (xi) We limit waterfowl hunters to 25 shotshells per person in the 
field.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, raccoon, opossum, coyote, beaver, bobcat, and nutria on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i) through (vi) of 
this section apply.
    (ii) We allow the use of dogs for hunting squirrel, quail, and 
raccoon, and for the February rabbit hunt.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i) through (vi) of 
this section apply.
    (ii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (iii) Hunting or shooting within or adjacent to open fields or tree 
plantations less than 5 feet (1.5 m) in height must be from a stand a 
minimum of 10 feet (3 m) above the ground.
    (iv) The refuge brochure provides deer check station locations and 
requirements. Prior to leaving the refuge, you must check all harvested 
deer at the nearest self-service check station (Big Game Harvest Report, 
FWS Form 3-2359) following the posted instructions.
    (v) Hunters may possess and hunt from only one stand or blind. 
Hunters may place a deer stand or blind 48 hours prior to a hunt and 
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where special 
regulations apply.
    (vi) During designated muzzleloader hunts, we allow archery 
equipment and muzzleloaders loaded with a single projectile; we prohibit 
breech-loading firearms of any type.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i), (iii), and 
(iv) of this section apply.
    (ii) We prohibit trotlines, limb lines, jugs, seines, and traps.
    (iii) We allow frogging during the State bullfrog season.
    (iv) We open refuge waters to fishing March 1 through November 15, 
except Providence Ponds, which are closed 1 day prior to the beginning 
of waterfowl season until March 1.
    (i) Panther Swamp National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, merganser, coot, and dove on 
designated areas of the refuge subject to the following regulations:
    (i) Each person age 16 or older who is hunting or fishing must 
possess a valid Theodore Roosevelt Complex Annual Public Use Permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System).
    (ii) All youth hunters age 15 and younger must be in the presence 
and direct supervision of a Mississippi licensed or exempt hunter, age 
21 or older. One adult may supervise no more than one youth hunter.
    (iii) Before hunting or fishing, all participants must display their 
Daily Visitor Information/Harvest Report Card (Big Game Harvest Report, 
FWS Form 3-2359) in plain view in their vehicle so that the required 
information is readable. You must return all cards upon completion of 
the activity and before leaving the refuge.
    (iv) We prohibit all other public use on the refuge during all 
limited draw hunts.
    (v) Valid permit holders may incidentally take opossum, coyote, 
beaver, bobcat, and nutria in any refuge hunt season with weapons legal 
for that hunt. Valid permit holders may incidentally take feral hog 
during deer and turkey hunts only.
    (vi) We prohibit hunting or shooting into a 100-foot (30-meter (m)) 
zone along either side of pipelines, power line rights-of-way, 
designated roads, and trails, and around parking lots. It is considered 
hunting if you have a loaded weapon, if you have a nocked

[[Page 423]]

arrow while bow hunting, or if you are in an elevated tree stand or 
ground blind with a means to take, within these areas.
    (vii) Hunters must remove all decoys, blind material, and harvested 
waterfowl from the area no later than 1 p.m. each day (see Sec.27.93 
of this chapter).
    (viii) We allow the use of dogs for retrieving migratory birds.
    (ix) We allow goose, duck, merganser, and coot hunting beginning \1/
2\ hour before legal sunrise until 12 p.m. (noon).
    (x) Beginning December 15 through March 1, we prohibit all entry 
into the Lower Twist and Carter Ponds area.
    (xi) During the State waterfowl season (except early teal season), 
waterfowl hunting in Unit 1 will be on Mondays, Tuesdays, and 
Wednesdays. Waterfowl hunting in Unit 2 will be on Fridays, Saturdays, 
and Sundays (see refuge brochure for details).
    (xii) We limit waterfowl hunters to 25 shotshells per person in the 
field.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, raccoon, opossum, coyote, beaver, bobcat, and nutria on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (vi) 
and (x) of this section apply.
    (ii) We allow the use of dogs for hunting squirrel, quail, and 
raccoon, and for the February rabbit hunt.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (vi) 
and (x) of this section apply.
    (ii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (iii) Hunting or shooting within or adjacent to open fields or tree 
plantations less than 5 feet (1.5 m) in height must be from a stand a 
minimum of 10 feet (3 m) above the ground.
    (iv) The refuge brochure provides deer check station locations and 
requirements. Prior to leaving the refuge, you must check all harvested 
deer at the nearest self-service check station (Big Game Harvest Report, 
FWS Form 3-2359) following the posted instructions.
    (v) Hunters may possess and hunt from only one stand or blind. 
Hunters may place a deer stand or blind 48 hours prior to a hunt and 
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where special 
regulations apply.
    (vi) During designated muzzleloader hunts, we allow archery 
equipment and muzzleloaders loaded with a single projectile; we prohibit 
breech-loading firearms of any type.
    (vii) We allow only shotguns with approved nontoxic shot (see Sec.
32.2(k)) and archery equipment for turkey hunting.
    (viii) Limited draw hunts require a Limited Hunt Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) assigned by 
random computer drawing. At the end of the hunt, you must return the 
permit with information concerning the hunt to the refuge. Failure to 
return this permit will disqualify the hunter for any limited hunts the 
next year.
    (ix) We hold limited draw hunts for persons with disabilities in 
November, December, and/or January. We will make hunt dates and permit 
application procedures (electronic form) available at the Theodore 
Roosevelt Complex headquarters.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i), (iii), (iv), 
and (x) of this section apply.
    (ii) We prohibit trotlines, limb lines, jugs, seines, and traps.
    (iii) We allow frogging during the State bullfrog season.
    (j) Sam D. Hamilton Noxubee National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of duck, woodcock, and coot on 
designated areas of the refuge subject to the following conditions:

[[Page 424]]

    (i) You must purchase a refuge waterfowl permit (Waterfowl Lottery 
Application; FWS Form 3-2439, Hunt Application--National Wildlife Refuge 
System) for waterfowl hunting. No more than two companions may accompany 
each permitted hunter, and we do not require these companions to 
purchase permits. Permits are nontransferable and only issued to hunters 
ages 16 and older. Permit holders can hunt as standby hunters for any 
date for which waterfowl hunting is open. Youth hunters age 15 and 
younger are not required to obtain a refuge waterfowl permit and can 
obtain a free permit from the refuge's office.
    (ii) You must remove all decoys, blind material, and harvested game 
from the refuge by 1 p.m. each day (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (iii) All youth hunters age 15 and younger must remain within sight 
and normal voice contact of an adult age 21 or older. One adult may 
supervise not more than two youth hunters.
    (iv) All waterfowl hunters must check-in before the day's hunt, and 
check-out at the end of the day's hunt (no later than 1 p.m.), at the 
refuge's duck check station.
    (v) We limit waterfowl hunters to 25 shotshells per person.
    (vi) Hunters must remove all personal property at the end of each 
day's hunt from the Noxubee Wilderness Area (see Sec. Sec.27.93 and 
27.94 of this chapter). Outside the Noxubee Wilderness Area, hunters may 
leave tree stands labeled with the hunter's State hunting license number 
used for deer hunting.
    (vii) During the deer firearm (primitive or modern gun) hunts, any 
person hunting species other than waterfowl, accompanying another person 
hunting species other than waterfowl, or walking off-trail within areas 
open to deer hunting must wear at least 500 square inches (3,226 square 
centimeters (cm)) of unbroken fluorescent-orange material visible above 
the waistline as an outer garment at all times. When occupied, ground 
blinds must display a minimum of 400 square inches (2,581 square cm) of 
unbroken fluorescent-orange material.
    (viii) We allow the use of dogs for retrieval of migratory and 
upland game only.
    (ix) We require all hunters and anglers to record hours active and 
game harvested using the Visitor Check-In Permit and Report (FWS Form 3-
2405).
    (x) We require all users to possess and display a valid Entrance 
Pass. You may use a current Federal Recreational Lands Pass or valid 
Federal Migratory Bird Hunting and Conservation Stamp (Federal Duck 
Stamp) as the Entrance Pass.
    (xi) Waterfowl hunters must stay within 100 feet (30.5 meters (m)) 
of the assigned hunt location. You may exceed 100 feet (30.5 m) when 
retrieving downed birds.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, opossum, raccoon, coyote, beaver, and nutria on designated areas 
of the refuge subject to the following conditions:
    (i) When waterfowl hunting is actively taking place, we prohibit all 
public use other than waterfowl hunting within the designated areas for 
waterfowl hunting.
    (ii) We allow raccoon and opossum hunting between the hours of legal 
sunset and legal sunrise.
    (iii) The conditions set forth at paragraphs (j)(1)(iii) and (vi) 
through (x) of this section apply.
    (iv) You may take incidental species (coyote, beaver, nutria, and 
feral hog) during any hunt with those weapons legal during those hunts.
    (v) We require bobwhite quail and rabbit hunters to wear at least a 
solid hunter orange vest or cap.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (j)(1)(iii) and (vi) 
through (x) and (j)(2)(i) and (iv) of this section apply.
    (ii) You must purchase a refuge quota deer permit (Quota Deer Hunt 
Application; FWS Form 3- 2439, Hunt Application--National Wildlife 
Refuge System). Permits are nontransferable. Youth hunters age 15 and 
younger are not required to a purchase a refuge quota deer permit and 
can obtain a free permit from the refuge's office.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue,

[[Page 425]]

drive, chase, or otherwise frighten or cause deer to move in the 
direction of any person(s) who is part of the organized or planned hunt 
and known to be waiting for the deer.
    (iv) You may place one portable tree stand or ground blind for deer 
hunting on the refuge only during the open deer season. You must clearly 
label the stand or blind with your State hunting license number. When 
not in use and left on the refuge, you must place stands in a non-
hunting position at ground level.
    (v) While climbing a tree, installing a tree stand that uses 
climbing aids, or hunting from a tree stand on the refuge, you must use 
a fall-arrest system (full body harness) that is manufactured to the 
Treestand Manufacturer's Association standards.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The general sport fishing, boating, and bow fishing season 
extends from March 1 through October 31, except that we open the 
shoreline of Bluff Lake from the Bluff Lake Boardwalk to the visitor 
center, the entire Noxubee River, and all borrow pit areas along Highway 
25 to fishing year-round.
    (ii) The conditions set forth at paragraphs (j)(1)(ix) and (x) and 
(j)(2)(i) of this section apply.
    (iii) Anglers must keep boat travel at idle speed, and they must not 
create a wake when moving.
    (iv) We prohibit limb lines, jug fishing, trotlines, snag lines, and 
hand grappling in Ross Branch, Bluff, and Loakfoma Lakes, as well as in 
areas within 100 yards of refuge water and transportation structures.
    (v) When left unattended, anglers must tag fishing gear with their 
State fishing license number. Anglers must check all gear within 24 
hours each day or remove these devices (see Sec.27.93 of this 
chapter).
    (vi) We allow trotlining on the refuge subject to the following 
conditions:
    (A) Anglers must label each end of the trotline floats with the 
owner's State fishing license number.
    (B) We limit trotlines to one line per person, and we allow no more 
than two trotlines per boat.
    (C) Anglers must tend all trotlines every 24 hours, and must remove 
them when not in use (see Sec.27.93 of this chapter).
    (D) Trotlines must possess at least 6-inch (15.2-cm) cotton string 
leads.
    (vii) We allow jug fishing on the refuge subject to the following 
conditions:
    (A) Anglers must label each jug with their State fishing license 
number.
    (B) Anglers must check all jugs every 24 hours, and must remove them 
when not in use (see Sec.27.93 of this chapter).
    (viii) We prohibit bow fishing after legal sunset.
    (ix) We prohibit fishing tournaments on all refuge waters.
    (x) We prohibit the taking of frogs, turtles, and crawfish (see 
Sec.27.21 of this chapter).
    (xi) We prohibit using nets of any type to capture free-roaming fish 
or wildlife. You may use a fishing net to recover fish caught by hook 
and line.
    (xii) Outside the Noxubee Wilderness Area, anglers may leave 
trotlines and jugs used for fishing overnight if they are labled with 
the angler's State fishing license number.
    (k) St. Catherine Creek National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, goose, coot, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunting on Butler Lake, Salt Lake, and Gillard Lake 
from \1/2\ hour before legal sunrise until 12 p.m. (noon) on Wednesdays, 
Saturdays, and Sundays.
    (ii) We require that all hunters and anglers age 16 and older 
purchase an Annual Public Use Permit (electronic form). We require the 
refuge user to sign, certifying that you understand and will comply with 
all regulations, and carry this permit at all times while on the refuge.
    (iii) Hunters must remove harvested waterfowl, temporary blinds, and 
decoys used for duck hunting by 1 p.m. each day (see Sec.27.93 of this 
chapter).
    (iv) We allow only portable blinds.
    (v) Hunters only may enter the refuge no earlier than 4 a.m. and 
must exit the refuge by 2 hours after legal sunset.
    (vi) We allow no more than 25 shotshells per person in the field.

[[Page 426]]

    (vii) We prohibit hunting within 150 feet (45 meters) of any 
petroleum facility or equipment, or refuge residences and buildings.
    (viii) We prohibit the use of handguns for hunting on the refuge.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, beaver, nutria, and coyote in designated areas of the 
refuge subject to the following conditions:
    (i) We only allow hunting shotguns, .22 caliber rimfire rifles or 
smaller, and muzzle-loading rifles under .38 caliber shooting patched 
round balls. We prohibit the possession of hunting with slugs, buckshot, 
or rifle hunting ammunition larger than .22 rimfire.
    (ii) You must wear a hunter-orange hat and upper garment when 
hunting in open fields or reforested areas.
    (iii) We allow raccoon hunting only during the month of February 
from legal sunset to legal sunrise with the following conditions:
    (A) We require the use of dogs.
    (B) You may use only .22 caliber rimfire rifles for hunting.
    (iv) We allow the incidental take of raccoon, feral hog, beaver, 
nutria, and coyote when hunting migratory birds, upland game, big game 
species with firearms and archery equipment authorized for use.
    (v) The conditions set forth at paragraphs (k)(1)(ii) and (iv) 
through (vii) of this section apply.
    (3) Big game hunting. We allow hunting of deer, lottery youth 
turkey, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) We allow only still hunting.
    (ii) Hunters may take only one deer per day.
    (iii) You must wear a minimum of 500 square inches (3,226 square 
centimeters) of unbroken hunter orange as the outermost layer of 
clothing on the chest and back, and a hat or cap of unbroken hunter 
orange. You must wear the solid-hunter-orange items while in the field.
    (iv) While hunting, all persons age 16 and younger must be in the 
presence and under direct supervision of a licensed or exempt hunter age 
21 or older.
    (v) Youth gun hunts (ages 10 to 15) for deer and waterfowl 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.
    (vi) You may place stands up to 2 days prior to established hunting 
season dates, and you must remove them no more than 2 days after the 
hunting season closes (see Sec.27.93 of this chapter). You must mark 
your stand with your State hunting license identification number. We 
allow each hunter one portable stand or blind on the refuge.
    (vii) Refuge users must check all deer (name) taken prior to leaving 
the refuge at one of the self-clearing check stations indicated on the 
map in the refuge public use brochure.
    (viii) The conditions set forth at paragraphs (k)(1)(ii) and (iv) 
through (vii) and (k)(2)(iv) of this section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow sport fishing from February 1 through November 15. On 
those days, you may fish from 30 minutes before legal sunrise to 30 
minutes after legal sunset only.
    (ii) On the Sibley Unit, we prohibit motorized boats north of the 
Ring Levee. Anglers may hand-launch boats in Swamp Lake during nonflood 
conditions.
    (iii) An adult age 21 or older must supervise youth age 15 and 
younger who may fish in the Kid's Pond. We prohibit adults from fishing 
in this pond.
    (iv) We allow bow fishing.
    (v) We prohibit taking alligator gar.
    (vi) We prohibit crawfishing.
    (vii) We prohibit commercial fishing.
    (viii) We prohibit possession of trotline equipment, including limb 
lines, nets, traps, yo-yos, and/or jugs.
    (ix) The condition set forth at paragraph (k)(1)(ii) of this section 
applies.
    (l) Tallahatchie River National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, geese, merganser, coot, rail, 
snipe, woodcock, and dove on designated areas of the refuge subject to 
the following conditions:
    (i) All hunters age 16 and older must possess a North Mississippi 
NWR hunting permit (code 606, available from the Mississippi Department 
of Wildlife, Fisheries, and Parks). While hunting on the refuge, all 
persons age 15 and

[[Page 427]]

younger (``youth hunter'') must be in the presence and under the direct 
supervision of a licensed or exempt hunter age 21 or older. A hunter 
supervising a youth hunter must hold all required licenses and permits.
    (ii) Hunters may enter the refuge at 4 a.m. and must exit the refuge 
no later than 2 hours after legal sunset except during raccoon and frog 
hunts.
    (iii) We allow hunting of waterfowl (ducks, teal, mergansers, coot, 
and geese), rail, and snipe, including under the Light Goose 
Conservation Order, only on Wednesdays, Saturdays, and Sundays ending at 
12 p.m. (noon).
    (iv) Each hunter must obtain a daily Migratory Bird Hunt Report (FWS 
Form 3-2361). You must display the card in plain view on the dashboard 
of your vehicle so that the State-issued license number is readable. 
Prior to leaving the refuge, you must complete the card and deposit it 
at one of the refuge information stations. Include all game harvested, 
and if you harvest no game, report ``0.'' We prohibit hunters possessing 
more than one Migratory Bird Hunt Report at a time.
    (v) It is unlawful to hunt from or shoot into the 100-foot (30.5-
meter) zone along either side of designated roads and parking lots.
    (vi) We allow the use of dogs on the refuge when hunting migratory 
game birds and upland game. We prohibit the use of dogs during big game 
hunts.
    (vii) You must remove decoys, blinds, boats, other personal 
property, and litter from the hunting area following each morning's hunt 
(see Sec. Sec.27.93 and 27.94 of this chapter).
    (viii) We allow no more than 25 shotshells per person in the field.
    (ix) We allow the take of beavers, coyotes, nutria, and feral hogs 
during daylight hours only during any open season with weapons and 
ammunition legal for that season.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
rabbit, nutria and raccoon on designated areas of the refuge subject to 
the following conditions:
    (i) The conditions set forth at paragraphs (l)(1)(i), (ii), (iv) 
(substitute Big Game Harvest Report [FWS Form 3-2359] for Migratory Bird 
Hunt Report [FWS Form 3-2361]), (v), and (ix) of this section apply.
    (ii) All hunters using shotguns for small game must use approved 
nontoxic shot (see Sec.32.2(k)).
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (l)(1)(i), (ii), and (iv) 
(substitute Big Game Harvest Report [FWS Form 3-2359] for Migratory Bird 
Hunt Report [FWS Form 3-2361]) of this section apply.
    (ii) We prohibit dogs while hunting deer. We allow the use of dogs 
to hunt feral hog during designated hog seasons.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) We prohibit hunting or shooting across any open, fallow, or 
planted field.
    (v) We allow valid permit holders to possess and hunt from one 
portable stand or blind on the refuge. You must permanently and legibly 
write your State hunting license number on all stands on the refuge. 
Stands left on the area do not reserve the hunting locations. You may 
place stands up to 7 days prior to the hunt, and you must remove them no 
more than 7 days after the refuge's deer season closes (see Sec.27.93 
of this chapter). Ground blinds may not be placed within mowed trails.
    (vi) Hunters using climbing tree stands must use a fall-arrest 
system manufactured to Treestand Manufacturer's Association standards.
    (vii) We prohibit the use of buckshot on the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the use or possession of alcoholic beverages while 
fishing.
    (ii) We prohibit possession or use of jugs, seines, nets, hand-grab 
baskets, slat traps/baskets, or any other similar devices.

[[Page 428]]

    (iii) We prohibit commercial fishing of any kind.
    (iv) We only allow trotlines, yo-yos, limb lines, crawfish traps, or 
any other similar devices for recreational use. You must tag or mark 
these devices with the angler's State fishing license number written in 
waterproof ink, legibly inscribed or legibly stamped on the tag. You 
must attend these devices a minimum of once every 24 hours. When not 
attended, you must remove them from the refuge (see Sec.27.93 of this 
chapter).
    (v) We prohibit snagging or attempting to snag fish.
    (vi) We allow frogging and crawfishing.
    (m) Yazoo National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of duck, goose, merganser, coot, and dove on designated 
areas of the refuge subject to the following conditions:
    (i) Each person age 16 or older who is hunting or fishing must 
possess a valid Theodore Roosevelt Complex Annual Public Use Permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System).
    (ii) All youth hunters age 15 and younger must be in the presence 
and direct supervision of a Mississippi licensed or exempt hunter, age 
21 or older. One adult may supervise no more than one youth hunter.
    (iii) Before hunting or fishing, all participants must display their 
Daily Visitor Information/Harvest Report Card (Big Game Harvest Report, 
FWS Form 3-2359) in plain view in their vehicle so that the required 
information is readable. You must return all cards upon completion of 
the activity and before leaving the refuge.
    (iv) We prohibit all other public use on the refuge during all 
limited draw hunts.
    (v) Valid permit holders may incidentally take opossum, coyote, 
beaver, bobcat, and nutria in any refuge hunt season with weapons legal 
for that hunt. Valid permit holders may incidentally take feral hog 
during deer hunts only.
    (vi) We prohibit hunting or shooting into a 100-foot (30.5-meter 
(m)) zone along either side of pipelines, power line rights-of-way, 
designated roads, and trails, and around parking lots. It is considered 
hunting if you have a loaded weapon, if you have a nocked arrow while 
bow hunting, or if you are in an elevated tree stand or ground blind 
with a means to take, within these areas.
    (vii) Hunters must remove all decoys, blind material, and harvested 
waterfowl from the area no later than 1 p.m. each day (see Sec.27.93 
of this chapter).
    (viii) We allow the use of dogs for retrieving migratory birds.
    (ix) We allow goose, duck, merganser, and coot hunting beginning \1/
2\ hour before legal sunrise until 12 p.m. (noon).
    (x) We limit waterfowl hunters to 25 shotshells per person in the 
field.
    (xi) Limited draw hunts require a Limited Hunt Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) assigned by 
random computer drawing. At the end of the hunt, you must return the 
permit with information concerning that hunt to the refuge. Failure to 
return this permit will disqualify the hunter for any limited hunts the 
next year.
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
raccoon, opossum, coyote, beaver, bobcat, and nutria on designated areas 
of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (m)(1)(i) through (vi) of 
this section apply.
    (ii) We allow the use of dogs for hunting squirrel and raccoon, and 
for the February rabbit hunt.
    (iii) We allow rabbit hunting on the Brown Tract of Theodore 
Roosevelt National Wildlife Refuge that is managed by Yazoo National 
Wildlife Refuge.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (m)(1)(i) through (vi) 
and (xi) of this section apply.
    (ii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.

[[Page 429]]

    (iii) Hunting or shooting within or adjacent to open fields or tree 
plantations less than 5 feet (1.5 m) in height must be from a stand a 
minimum of 10 feet (3 m) above the ground.
    (iv) The refuge brochure provides deer check station locations and 
requirements. Prior to leaving the refuge, you must check all harvested 
deer at the nearest self-service check station (Big Game Harvest Report, 
FWS Form 3-2359) following the posted instructions.
    (v) Hunters may possess and hunt from only one stand or blind. 
Hunters may place a deer stand or blind 48 hours prior to a hunt, and 
must remove it within 48 hours after each designated hunt (see Sec.
27.93 of this chapter), with the exception of closed areas where special 
regulations apply.
    (vi) During designated muzzleloader hunts, we allow archery 
equipment and muzzleloaders loaded with a single projectile; we prohibit 
breech-loading firearms of any type.
    (vii) Limited draw hunts require a Limited Hunt Permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) assigned by 
random computer drawing. At the end of the hunt, you must return the 
permit with information concerning the hunt to the refuge. Failure to 
return this permit will disqualify the hunter for any limited hunts the 
next year.
    (viii) We allow white-tailed deer hunting on the Brown Tract of 
Theodore Roosevelt National Wildlife Refuge that is managed by Yazoo 
National Wildlife Refuge.
    (4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54120, Aug. 31, 2020]



Sec.32.44  Missouri.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Big Muddy National Fish and Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of migratory game birds on designated 
areas of the refuge subject to the following condition: You must remove 
all your blinds, boats, and decoys from the refuge each day (see Sec.
27.93 of this chapter), except for blinds made entirely of marsh 
vegetation.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the refuge subject to the following condition: On the 131-acre 
mainland unit of Boone's Crossing, we allow upland game hunting with 
archery methods only. On Johnson Island, we allow hunting of game 
animals during Statewide seasons using archery methods or shotguns using 
shot no larger than BB.
    (3) Big game hunting. We allow hunting of deer and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) We allow only portable tree stands from September 1 through 
January 31. Hunters must place their State Conservation number on their 
stands.
    (ii) On the Boone's Crossing Unit, including Johnson Island, we 
allow deer and turkey hunters with archery methods only.
    (iii) On the Cora Island Unit, we allow deer hunting with archery 
methods only. We restrict hunting for other game on this unit to shotgun 
only with shot no larger than BB.
    (iv) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells (see Sec.32.2(k)) while in the field.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following condition: You must operate all 
motorized boats at no-wake speed.
    (b) Clarence Cannon National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) You must register at the hunter sign-in/out station and record 
the sex and age of deer harvested on the Big Game Harvest Report (FWS 
Form 3-2359).
    (ii) We prohibit shooting at deer that are on any portion of the 
main perimeter levee.
    (iii) If you are assigned a specific blind location, you may hunt 
only from that location.
    (iv) We allow use of portable stands, but hunters must remove them 
at the

[[Page 430]]

end of each day (see Sec.27.93 of this chapter).
    (v) You must remove all boats, blinds, blind materials, stands, 
platforms, scaffolds, and other hunting equipment from the refuge at the 
end of each day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (4) Sport fishing. We allow fishing subject to the following 
conditions:
    (i) We prohibit the taking of turtle or frog (see Sec.27.21 of 
this chapter).
    (ii) We allow only boat fishing, except that we allow bank fishing 
during managed refuge special events.
    (iii) Anglers must remove all boats and fishing equipment at the end 
of each day (see Sec.27.93 of this chapter).
    (c) Great River National Wildlife Refuge. Refer to Sec.32.32(e) 
for regulations.
    (d) Loess Bluffs National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of light goose on designated areas of the 
refuge subject to the following conditions:
    (i) We allow hunting of light geese only during the spring 
conservation order season.
    (ii) We require hunters to have a Special Use Permit (FWS Form 3-
1383-C), and all hunters must hunt with a guide.
    (iii) We allow the guide and hunters into the hunt boundary up to 2 
hours prior to legal shooting time.
    (iv) Hunting ends at 1 p.m.
    (v) We allow dogs while hunting, provided the dog is under the 
immediate control of the hunter at all times.
    (vi) We allow portable blinds and decoys at the discretion of the 
guide.
    (vii) We prohibit pit blinds.
    (viii) We prohibit retrieving crippled geese outside of the hunt 
boundary, including adjacent private land. This includes retrieval by 
dogs.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) We require a valid State-managed hunt unit permit to hunt deer 
on the refuge.
    (ii) We allow only muzzleloader hunting.
    (iii) We require hunters to check in and out of the refuge.
    (iv) You must remove your stand(s) from the refuge at the end of the 
managed deer hunt (see Sec.27.93 of this chapter).
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following condition: You may take fish, 
amphibians, reptiles, and crustaceans only with a hand-held pole and 
line or rod and reel.
    (e) Middle Mississippi River National Wildlife Refuge. Refer to 
Sec.32.32(i) for regulations.
    (f) Mingo National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow waterfowl hunting in Pool 7 and Pool 8 subject to the following 
conditions:
    (i) We allow the use of dogs for waterfowl hunting, provided the 
dogs are under the immediate control of the hunter at all times.
    (ii) We allow waterfowl hunting from \1/2\ hour before legal sunrise 
until 1 p.m.
    (iii) You must remove boats, decoys, blinds, and blind materials 
brought onto the refuge at the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (iv) We require hunters to go through the Missouri Department of 
Conservation daily draw process at Duck Creek Conservation Area to hunt 
in Pool 7 and Pool 8.
    (v) We require hunters to read our refuge hunting brochure that 
contains a hunting permit (signed brochure). We require hunters to sign 
and carry the permit/brochure while hunting.
    (vi) We allow the take of feral hog at any time, and bobcat when in 
season, while legally hunting others species on the refuge.
    (2) Upland game hunting. We allow hunting of squirrel, raccoon, and 
bobcat in designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (f)(1)(v) and (vi) of 
this section apply.
    (ii) We allow hunter access from 1\1/2\ hours before legal shooting 
time until 1\1/2\ hours after legal shooting time.
    (iii) We require that all hunters register at the hunter sign-in 
stations and complete an Upland Game Hunt Report (FWS Form 3-2362) 
located at the exit kiosks prior to exiting the refuge.

[[Page 431]]

    (iv) We allow squirrel hunting from the State opening day until the 
day before the State opening of archery deer season.
    (v) Archery hunters may take squirrel, raccoon, and bobcat while in 
season and feral hog anytime while archery deer hunting.
    (vi) We allow raccoon hunting by special use permit during the 
Statewide raccoon season.
    (3) Big game hunting. We allow big game hunting in designated areas 
of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(iii), (v), and 
(vi) and (f)(2)(ii) of this section apply.
    (ii) We require that all hunters register at the hunter sign-in 
stations and complete the Big Game Harvest Report (FWS Form 3-2359) 
located at the exit kiosks prior to exiting the refuge.
    (iii) We allow archery hunting for deer and turkey during the fall 
season.
    (iv) We allow spring turkey hunting. You may only use or possess 
approved nontoxic shot shells (see Sec.32.2(k)) while in the field, 
including shot shells used for hunting wild turkey.
    (v) We allow archery hunting in the Expanded General Hunt Area 
through October 31.
    (vi) We allow portable tree stands. You may place a portable tree 
stand no earlier than 2 weeks before the State archery deer season, and 
you must remove it no later than 2 weeks after the State archery deer 
season (see Sec.27.93 of this chapter), except that in the Expanded 
General Hunt Area, you must remove all personal property at the end of 
each day (see Sec.27.93 of this chapter). A tree stand left on the 
refuge must be labeled with hunter's conservation identification number.
    (vii) We allow only one tree stand per deer hunter.
    (viii) Hunters may use boats to access the hunt area.
    (ix) We require hunters to apply for managed deer hunts through the 
Missouri Department of Conservation internet draw.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Except as provided under paragraph (f)(4)(ii) of this section, 
we allow fishing from March 1 through September 30, from \1/2\ hour 
before legal sunrise until \1/2\ hour after legal sunset, on all refuge 
waters.
    (ii) We allow fishing year-round from \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset on Red Mill Pond, Mingo River 
(south of Ditch 6 Road), Stanley Creed, May Pond, Fox Pond, and Ditches 
1, 2, 3, 6, 10, and 11.
    (iii) We allow the use of electric trolling motors outside the Mingo 
Wilderness.
    (iv) We require the removal of watercraft from the refuge at the end 
of each day's fishing activity (see Sec.27.93 of this chapter).
    (v) We allow anglers to take nongame fish by nets and seines for 
personal use only from March 1 through September 30.
    (vi) Anglers must attend trammel and gill nets at all times and 
plainly label them with the angler's conservation identification (ID) 
number.
    (vii) We only allow the use of trotlines, throwlines, limb lines, 
bank lines, and jug lines from \1/2\ hour before legal sunrise until \1/
2\ hour after legal sunset. Anglers must mark each line with their 
conservation ID number.
    (viii) We allow the take of common snapping turtle and soft-shelled 
turtle using only pole and line. We require all anglers to immediately 
release all alligator snapping turtles.
    (g) Swan Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl, dove, rail, snipe, and woodcock 
on the refuge subject to the following conditions:
    (i) We require the Missouri Department of Conservation ``Green 
Card'' while hunting waterfowl.
    (ii) We require Missouri Department of Conservation ``White Cards'' 
while dove hunting.
    (iii) You must follow designated check-in and check-out procedures.
    (iv) We only allow waterfowl hunting during designated days of the 
waterfowl seasons, late goose season, and Spring Conservation Order 
season.
    (v) We restrict hunting hours to designated times on designated 
units. You must remove all equipment (see Sec.27.93 of this chapter) 
and exit units by 1 p.m.
    (vi) During the Spring Conservation Order season, you may leave 
decoys

[[Page 432]]

and blinds overnight in your assigned unit.
    (vii) You may hunt only in your assigned designated area. We assign 
designated areas to hunters at the check station.
    (viii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (ix) We restrict hunting units to parties no larger than four, 
unless otherwise designated.
    (x) We allow hand-pulled carts.
    (xi) You must park vehicles in designated parking areas.
    (xii) We prohibit hunting or shooting on, across, or within 100 feet 
(30.5 meters) of a service road, parking lot, or designated trail.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (g)(1)(xii) of this section 
applies.
    (ii) We allow shotguns, handguns, and rimfire .22 caliber rifles.
    (iii) You may not access the refuge from neighboring private or 
public lands.
    (iv) We restrict hunting use hours on designated hunting units.
    (3) Big game hunting. We allow hunting of deer and wild turkey on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(iii) and 
(g)(2)(iii) of this section apply.
    (ii) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells (see Sec.32.2(k)) while in the field.
    (iii) On the refuge, we allow hunting of white-tailed deer subject 
to the following conditions:
    (A) We require a Missouri Department of Conservation Permit, along 
with Missouri Department of Conservation hunter identification tags and 
parking permits (name/address/phone number), to hunt during the managed 
deer hunt.
    (B) You must participate in a pre-hunt orientation for managed deer 
hunts.
    (C) You must hunt in designated areas during designated times.
    (D) We allow entry onto the refuge 1 hour prior to shooting hours 
during managed deer hunts. You must be off the refuge 1 hour after 
shooting hours, unless the refuge manager or designee has given you 
permission to stay on the refuge until a later time.
    (E) We prohibit shooting from, across, or within 100 feet (30.5 
meters (m)) of a service road, public road, parking lot, or designated 
trail unless authorized by the refuge manager.
    (F) We allow use of portable tree stands and blinds during managed 
deer hunts, and you must remove them at designated times (see Sec.
27.93 of this chapter). You must attach your conservation identification 
number to all stands and blinds. During managed firearms hunts, you must 
mark enclosed hunting blinds and stands with hunter orange visible from 
all sides.
    (G) During special hunts, one nonhunting assistant may accompany 
youth or hunters with disabilities.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing on the refuge only during refuge open hours.
    (ii) The Taylor Point area of Elk Creek is open to fishing year-
round during daylight hours. Anglers may access this area by a refuge 
road (FHWA Route 100) off of State Highway E.
    (iii) We allow only nonmotorized boats on refuge waters, except that 
anglers may use motor boats on the Silver Lake impoundment. No wake 
applies to all waters on the refuge.
    (iv) Anglers must remove all boats from the refuge at the end of 
each day (see Sec.27.93 of this chapter).
    (h) Two Rivers National Wildlife Refuge. Refer to Sec.32.32(k) for 
regulations.



Sec.32.45  Montana.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Benton Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, swan, and coot in designated 
areas of the refuge subject to the following conditions:

[[Page 433]]

    (i) We allow hunters to enter and remain in open hunting areas 2 
hours before legal sunrise until 2 hours after legal sunset.
    (ii) Hunters with a documented mobility disability may reserve an 
accessible blind in advance by contacting the refuge office.
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, and gray partridge in designated areas of the refuge subject to 
the following condition: The condition set forth at paragraph (a)(1)(i) 
of this section applies.
    (3) [Reserved]
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge.
    (b) Benton Lake Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district.
    (2) Upland game hunting. We allow the hunting of coyote, skunk, red 
fox, raccoon, hare, rabbit, and tree squirrel on designated areas of the 
district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district.
    (c) Black Coulee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, swan, sandhill crane, 
and mourning dove on designated areas of the refuge subject to the 
following condition: You must remove all boats, decoys, portable blinds, 
other personal property, and any materials brought onto the refuge for 
blind construction by legal sunset each day (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, sage grouse, gray partridge, fox, and coyote on designated areas 
of the refuge subject to the following condition: Fox and coyote hunters 
may only use centerfire rifles, rimfire rifles, or shotguns with 
approved nontoxic shot (see Sec.32.2(k)).
    (3) Big game hunting. We allow big game hunting on designated 
portions of the refuge subject to the following conditions:
    (i) We allow hunters to leave portable tree stands, portable blinds, 
and freestanding elevated platforms on the refuge from August 15 through 
December 15.
    (ii) You must visibly mark portable tree stands, portable blinds, 
and freestanding elevated platforms with your automated licensing system 
(ALS) number.
    (4) [Reserved]
    (d) Bowdoin National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, swan, sandhill crane, 
and mourning dove on designated areas of the refuge.
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, sage grouse, gray partridge, fox, and coyote on designated areas 
of the refuge subject to the following conditions:
    (i) You must possess and carry a refuge Special Use Permit (FWS Form 
3-1383-G) to hunt fox and coyotes.
    (ii) Fox and coyote hunters may only use centerfire rifles, rimfire 
rifles, or shotguns with approved nontoxic shot (see Sec.32.2(k)).
    (iii) Any person hunting or accompanying a hunter must wear a 
minimum of 400 square inches (2,581 square centimeters) of hunter orange 
(fluorescent) material above the waist, visible at all times.
    (3)-(4) [Reserved]
    (e) Bowdoin Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district subject to the following conditions:
    (i) You may leave portable tree stands, portable blinds, and 
freestanding elevated platforms on waterfowl production areas (WPAs) 
from August 15 through December 15.
    (ii) You must label portable tree stands, portable blinds, and 
freestanding elevated platforms with your automated licensing system 
(ALS) number. The label must be legible from the ground.
    (iii) We only allow the use of archery, muzzleloader (as governed by 
State

[[Page 434]]

regulations), or shotgun on the McNeil Slough WPA and Hammond WPA.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district.
    (f) Charles M. Russell National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow migratory game bird hunting on designated areas 
of the refuge.
    (2) Upland game hunting. We allow hunting of upland game birds, 
turkey, and coyote on designated areas of the refuge subject to the 
following condition: We allow coyote hunting from the first day of 
antelope rifle season through March 1 annually.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following conditions:
    (i) We allow the use of portable blinds and stands.
    (ii) We limit each hunter to three stands or blinds. The hunter must 
have their automated licensing system (ALS) number visibly marked on the 
stand(s) or blind(s).
    (iii) You may install portable stands and blinds no sooner than 
August 1, and you must remove them by December 15 of each year (see 
Sec.27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (g) Charles M. Russell Wetland Management District--(1) Migratory 
game bird hunting. We allow migratory game bird hunting on designated 
areas of the district subject to the following condition: You must 
remove all watercraft and personal equipment following each day of 
hunting (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game bird hunting on 
designated areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district subject to the following condition: You must remove your 
tree stand(s) from the refuge after each day's hunt (see Sec.27.93 of 
this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district subject to the following condition: Anglers must remove all 
motor boats and other personal equipment at the end of each day (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (h) Creedman Coulee National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, goose, coot, swan, sandhill 
crane, and mourning dove on designated areas of the refuge.
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, sage grouse, gray partridge, fox, and coyote on designated areas 
of the refuge.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the refuge.
    (4) [Reserved]
    (i) Hailstone National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
refuge.
    (2) Upland game hunting. We allow only upland game bird hunting on 
designated areas of the refuge.
    (3)-(4) [Reserved]
    (j) Hewitt Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, swan, sandhill crane, 
and mourning dove on designated areas of the refuge subject to the 
following condition: You must remove all boats, decoys, portable blinds, 
other personal property, and any materials brought onto the refuge for 
blind construction by legal sunset each day (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, sage grouse, gray partridge, fox, and coyote on designated 
portions of the refuge subject to the following condition: Fox and 
coyote hunters may use only centerfire rifles, rim-fire rifles, or 
shotguns with approved nontoxic shot (see Sec.32.2(k)).
    (3) Big game hunting. We allow big game hunting on designated areas 
of the refuge subject to the following conditions:
    (i) We allow hunters to leave portable tree stands, portable blinds, 
and freestanding elevated platforms on the refuge from August 15 through 
December 15.
    (ii) You must visibly mark portable tree stands, portable blinds, 
and freestanding elevated platforms with your automated licensing system 
(ALS) number.
    (4) [Reserved]

[[Page 435]]

    (k) Lake Mason National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge.
    (4) [Reserved]
    (l) Lake Thibadeau National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, swan, sandhill crane, 
and mourning dove on designated areas of the refuge.
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, sage grouse, gray partridge, fox, and coyote on designated areas 
of the refuge.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the refuge.
    (4) [Reserved]
    (m) Lamesteer National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory birds on designated areas of the 
refuge subject to the following condition: Hunters must obtain landowner 
permission before hunting on the refuge.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: 
Hunters must obtain landowner permission before hunting on the refuge.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following condition: Hunters must 
obtain landowner permission before hunting on the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Anglers must obtain landowner 
permission before fishing on the refuge.
    (n) Lee Metcalf National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) You must hunt from an established blind.
    (ii) Legal entry time into the hunting area is no earlier than 2 
hours before legal shooting hours. All hunters must exit the hunting 
area no later than 2 hours after legal shooting hours.
    (iii) We prohibit wildlife observation, scouting, and loitering 
during waterfowl hunting season at the waterfowl hunting area parking 
lot and on the refuge road leading to the waterfowl hunting area parking 
lot.
    (iv) We close the waterfowl hunting area to waterfowl hunting on 
Mondays and Thursdays.
    (v) Each hunter must set the appropriate blind selector (metal flip 
tag) before and after hunting.
    (vi) 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. The exceptions are blinds 2 and 7, which may be reserved for 
hunters with disabilities.
    (vii) No more than four hunters or individuals may use a blind at 
one time.
    (viii) You must conduct all hunting from within the hunting blind.
    (ix) All hunters must have a visible means of retrieving waterfowl 
such as a float tube, waders, or a dog capable of retrieving.
    (x) We prohibit falconry hunting.
    (xi) We allow the use of a portable ground blind within the 
immediate mowed area around field blind 13.
    (2) Upland game hunting. We allow hunting of turkey on designated 
areas of the refuge.
    (3) Big game hunting. We allow archery hunting of white-tailed deer 
on designated areas of the refuge subject to the following conditions:
    (i) We prohibit wildlife observation, scouting, and loitering at 
access points and parking areas.
    (ii) Hunters may only enter the hunt area 2 hours prior to legal 
hunting hours and must exit no later than 2 hours after legal hunting 
hours.
    (iii) We allow archery hunting in the waterfowl hunting area in 
September, except during the youth waterfowl hunt weekend. We will allow 
archery hunting on Mondays and Thursdays in the waterfowl hunting area 
during waterfowl hunting season.
    (iv) We allow the use of portable tree stands or ground blinds. You 
must attach a tag displaying the owner's automated licensing system 
(ALS) number

[[Page 436]]

to each tree stand and/or ground blind you place on the refuge.
    (v) Hunters may not enter or retrieve deer from closed areas of the 
refuge without the consent of an authorized official.
    (vi) 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 (FWS Form 3-1383-G).
    (vii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (o) Lost Trail National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of turkey and mountain 
grouse on designated areas of the refuge subject to the following 
conditions:
    (i) We allow use of riding or pack stock on designated access routes 
through the refuge to access off-refuge lands as identified in the 
public use leaflet.
    (ii) We prohibit retrieval of game in areas closed to hunting 
without a refuge retrieval permit.
    (iii) We allow portable or temporary blinds and tree stands.
    (3) Big game hunting. We allow hunting of elk, white-tailed deer, 
and mule deer on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (o)(2)(i) through (iii) 
of this section apply.
    (ii) The first week of the archery elk and deer hunting season and 
the first week of the general elk and deer hunting season are open only 
to youth hunters (ages 12 to 15). A nonhunting adult age 18 or older 
must accompany the youth hunter in the field.
    (iii) Persons assisting disabled hunters must not be afield with a 
hunting firearm, bow, or other hunting device.
    (4) [Reserved]
    (p) Medicine Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, duck, goose, sandhill crane, tundra 
swan, snipe, and dove on designated areas of the refuge.
    (2) Upland game hunting. We allow hunting of pheasant, partridge, 
sharp-tailed grouse, coyote, red fox, and white-tailed jackrabbit on 
designated areas of the refuge subject to the following condition: We 
allow hunting of coyote, red fox, and white-tailed jackrabbit during 
daylight hours from November 15 through March 31.
    (3) Big game hunting. We allow hunting of deer and antelope on 
designated areas of the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (q) National Bison Range. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
National Bison Range as governed by joint State and Confederated Salish 
and Kootenai Tribal regulations for non-members and Confederated Salish 
and Kootenai Tribal regulations for members of the Confederated Salish 
and Kootenai Tribe subject to the following condition: We prohibit the 
use of lead or lead-based lures or sinkers.
    (r) Ninepipe National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge as governed by joint State and Confederated Salish and Kootenai 
Tribal regulations for non-members and Confederated Salish and Kootenai 
Tribal regulations for members of the Confederated Salish and Kootenai 
Tribe subject to the following condition: We prohibit the use of lead or 
lead-based tackle.
    (s) Northeast Montana Wetland Management District--(1) Migratory 
game bird hunting. We allow migratory game bird hunting on designated 
areas of the district 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 at the end of 
each day (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of

[[Page 437]]

the district subject to the following conditions:
    (i) We allow hunters to leave portable tree stands and freestanding 
elevated platforms on waterfowl production areas (WPAs) from August 25 
through February 15.
    (ii) You must label portable tree stands and freestanding elevated 
platforms with your automated licensing system (ALS) number so that the 
number is legible from the ground.
    (4) [Reserved]
    (t) Northwest Montana Wetland Management District--(1) Migratory 
game bird hunting. We allow migratory game bird hunting on designated 
areas of the district as governed by State law (Flathead County 
waterfowl production areas (WPAs)) and joint State and Confederated 
Salish and Kootenai Tribal regulations for non-members and Confederated 
Salish and Kootenai Tribal regulations for members of the Confederated 
Salish and Kootenai Tribe (Lake County WPAs), subject to the following 
conditions:
    (i) Hunters must remove all boats, decoys, portable blinds 
(including those made of native materials), boat blinds, and all other 
personal property at the end of each day (see Sec. Sec.27.93 and 27.94 
of this chapter).
    (ii) We allow the use of hunting dogs when hunting.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district as governed by State law (Flathead County WPAs) 
and joint State and Confederated Salish and Kootenai Tribal regulations 
for non-members and Confederated Salish and Kootenai Tribal regulations 
for members of the Confederated Salish and Kootenai Tribe (Lake County 
WPAs), subject to the following conditions:
    (i) We prohibit hunting with a shotgun capable of holding more than 
three shells.
    (ii) The conditions set forth at paragraphs (t)(1)(i) and (ii) of 
this section apply.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district as follows:
    (i) We allow big game hunting on Flathead County WPAs as governed by 
State law and subject to the following conditions:
    (A) The conditions set forth at paragraphs (t)(1)(i) and (t)(2)(i) 
of this section apply.
    (B) We restrict hunting on Flathead, Blasdel, and Batavia WPAs to 
hunting with archery equipment, shotgun, traditional handgun, 
muzzleloader, or crossbow only.
    (ii) We allow big game hunting on Lake County WPAs as governed by 
joint State and Confederated Salish and Kootenai Tribal regulations for 
non-members and Confederated Salish and Kootenai Tribal regulations for 
members of the Confederated Salish and Kootenai Tribe.
    (4) Sport fishing. We allow sport fishing on all WPAs throughout the 
district as governed by State law (Flathead County WPAs) and joint State 
and Confederated Salish and Kootenai Tribal regulations for non-members 
and Confederated Salish and Kootenai Tribal regulations for members of 
the Confederated Salish and Kootenai Tribe (Lake County WPAs).
    (u) Pablo National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge as governed by joint State and Confederated Salish and Kootenai 
Tribal regulations for non-members and Confederated Salish and Kootenai 
Tribal regulations for members of the Confederated Salish and Kootenai 
Tribe subject to the following condition: We prohibit the use of lead or 
lead-based lures or sinkers.
    (v) Red Rock Lakes National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) Hunters must remove all blinds, decoys, shell casings, and other 
personal equipment from the refuge each day (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (ii) We prohibit the use of motorized decoys.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of deer, elk, moose, and 
pronghorn antelope on designated areas of the refuge subject to the 
following conditions:
    (i) We limit the number of hunters per day during the general big 
game

[[Page 438]]

season for the area north of South Valley Road, south of Red Rock River 
Mash, and west of Upper Red Rock Lake to the west refuge boundary. We 
close this area to hunting by other big game hunters during the general 
big game season. We select the hunters per day by annual lottery.
    (ii) You may hire outfitters or ranchers for the retrieval of big 
game only.
    (iii) We prohibit use of wheeled game carts or other mechanical 
transportation devices for game retrieval on portions of the refuge 
designated as Wilderness Area.
    (iv) We prohibit horses north of South Valley Road except for the 
retrieval of big game. We only allow horses for back-country access to 
the Centennial Mountains south of South Valley Road. We require the use 
of certified weed-free hay or pellets in refuge parking lots and on 
refuge roads or trails.
    (v) We prohibit hunting and/or shooting from or onto refuge lands 
from within 50 yards (45 meters) of the centerline of any public road 
open to motorized vehicles.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) You may only use pole and line or rod and reel to fish on the 
refuge.
    (ii) We prohibit the use of felt-soled wading boots on all refuge 
waters.
    (iii) We prohibit the use or possession of lead sinkers or any lead 
fishing product while fishing.
    (w) Swan River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge.
    (2) [Reserved]
    (3) Big game hunting. We allow archery hunting of bear, elk, white-
tailed deer, and mule deer on designated areas of the refuge subject to 
the following conditions:
    (i) We allow the use of portable blinds and stands.
    (ii) We limit each hunter to one stand or blind. The hunter must 
have their automated licensing system (ALS) number visibly marked on the 
stand or blind.
    (iii) You may install portable stands and blinds no sooner than 
August 1, and you must remove them by December 15 of each year (see 
Sec.27.93 of this chapter).
    (iv) We prohibit hunting of black bear during the State spring 
season.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (x) UL Bend National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge.
    (2) Upland game hunting. We allow hunting of upland game birds and 
coyote on designated areas of the refuge subject to the following 
condition: We allow coyote hunting from the first day of antelope rifle 
season through March 1 annually.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following conditions:
    (i) We allow the use of portable blinds and stands.
    (ii) We limit each hunter to three stands or blinds. The hunter must 
have their automated licensing system (ALS) number visibly marked on the 
stand(s) or blind(s).
    (iii) You may install portable stands and blinds no sooner than 
August 1, and you must remove them by December 15 of each year (see 
Sec.27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (y) War Horse National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge.
    (2) Upland game hunting. We allow hunting of upland game birds on 
designated areas of the refuge.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54124, Aug. 31, 2020]



Sec.32.46  Nebraska.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Boyer Chute National Wildlife Refuge--(1) Migratory game bird 
hunting. We

[[Page 439]]

allow hunting of duck, goose, and coot on designated areas of the refuge 
subject to the following conditions:
    (i) Hunters may access the refuge from 2 hours before legal sunrise 
until 2 hours 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.
    (ii) You must remove all blinds and decoys at the conclusion of each 
day's hunt (see Sec.27.93 of this chapter).
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The refuge manager will annually determine and publish hunting 
season dates and include them in the refuge access permit (signed 
brochure).
    (ii) You must possess and carry a refuge access permit (signed 
brochure) at all times while in the hunting area.
    (iii) We allow hunters in the designated areas from 2 hours before 
legal sunrise until 2 hours after legal sunset.
    (iv) We allow two portable tree stands/blinds per hunter within the 
hunt area. Of those, only one stand/blind can be left on the refuge from 
1 week prior to the start of the designated hunt season to 1 week after 
the end of the designated hunt season.
    (v) You must plainly label unattended stands and blinds with the 
full name and/or hunting license number of the owner. Labels must be 
visible from ground level.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) 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.
    (ii) We prohibit the use of trotlines, float lines, bank lines, or 
setlines.
    (iii) We prohibit digging or seining for bait.
    (iv) We prohibit the take or possession of turtles or frogs (see 
Sec.27.21 of this chapter).
    (v) Anglers may use no more than two lines and two hooks per line.
    (b) Crescent Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, crow, dove, duck, goose, merganser, 
rail, and snipe on designated areas of the refuge subject to the 
following conditions:
    (i) Hunters may access the refuge from 2 hours before legal sunrise 
until 2 hours after legal sunset.
    (ii) We allow the use of dogs.
    (iii) We open the refuge to hunting from September 1 through March 
15.
    (iv) We prohibit publicly organized hunts unless authorized under a 
Special Use Permit (FWS Form 3-1383-C).
    (2) Upland game hunting. We allow hunting of cottontail and jack 
rabbit, coyote, porcupine, prairie dog, State-defined furbearers, ring-
necked pheasant, and prairie grouse on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iv) of 
this section apply.
    (ii) We allow electronic calls for coyote and furbearer hunting.
    (iii) Coyotes and all furbearers or their parts, if left in the 
field, must be left at least 50 yards away from any road, trail, or 
building. Otherwise, hunters must remove them from the refuge.
    (iv) Shooting hours are from \1/2\ hour before legal sunrise until 
\1/2\ hour after legal sunset.
    (3) Big game hunting. We allow hunting of white-tailed deer, mule 
deer, and pronghorn antelope on designated areas of the refuge subject 
to the following condition: The conditions set forth at paragraphs 
(b)(1)(i), (iii), and (iv) of this section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Anglers may enter the refuge 1 hour before legal sunrise and 
remain until 1 hour after legal sunset.
    (ii) We open Blue, Smith, Crane, and Island Lake to fishing year-
round. We close all other refuge lakes to fishing.
    (iii) We prohibit leaving temporary shelters used for fishing 
overnight on the refuge.
    (c) Fort Niobrara National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, crow, dark goose, dove, duck, light 
goose, rail,

[[Page 440]]

snipe, teal, and woodcock on designated areas of the refuge subject to 
the following conditions:
    (i) Hunters and anglers may access the refuge from 2 hours before 
legal sunrise until 2 hours after legal sunset.
    (ii) We allow access from designated areas of the refuge.
    (iii) You must remove all blinds and decoys at the conclusion of 
each day's hunt (see Sec.27.93 of this chapter).
    (iv) We allow the use of dogs when hunting August 1 through April 
30.
    (2) Upland game hunting. We allow hunting of badger, bobcat, coyote, 
fox, long-tailed weasel, mink, opossum, prairie dog, porcupine, rabbit, 
hare, raccoon, skunk, squirrel, woodchuck, State-defined furbearers, 
greater prairie chicken, grouse, partridge, pheasant, quail, and turkey 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i), (ii), and (iv) 
of this section apply.
    (ii) We allow hunting with muzzleloader, archery, shotgun, and 
falconry.
    (iii) You may only possess nontoxic shot when hunting turkey (see 
Sec.32.2(k)).
    (iv) Shooting hours for coyote, prairie dog, porcupine, woodchuck, 
and State-defined furbearers are \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
    (3) Big game hunting. We allow hunting of deer, elk, and pronghorn 
antelope on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of 
this section apply.
    (ii) We allow hunting only with muzzleloader and archery equipment.
    (iii) We allow portable tree stands and ground blinds to be used 
from August 16 through January 31.
    (iv) We allow muzzleloader deer hunting subject to the following 
condition: Hunters must possess a refuge hunt permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System) and comply with all 
of its terms and conditions.
    (4) Sport fishing. We allow fishing on Minnechaduza Creek and on the 
Niobrara River, downstream from the Cornell Dam, subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of 
this section apply.
    (ii) We prohibit the use of limb or set lines.
    (iii) We prohibit the take of baitfish, reptiles, and amphibians.
    (iv) We prohibit use or possession of alcoholic beverages while 
fishing on refuge lands and waters.
    (d) John W. and Louise Seier National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of coot, crow, dark goose, dove, 
duck, light goose, merganser, rail, snipe, teal, and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters may access the refuge from 2 hours before legal sunrise 
until 2 hours after legal sunset.
    (ii) You must remove all blinds and decoys at the conclusion of each 
day's hunt (see Sec.27.93 of this chapter).
    (iii) We allow the use of dogs August 1 through April 31.
    (2) Upland game hunting. We allow hunting of badger, bobcat, coyote, 
fox, long-tailed weasel, mink, opossum, prairie dog, porcupine, rabbit, 
hare, raccoon, skunk, squirrel, woodchuck, State-defined furbearers, 
greater prairie chicken, grouse, partridge, pheasant, quail, and turkey 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (d)(1)(i) and (iii) of 
this section apply.
    (ii) You may only possess nontoxic shot when hunting turkey (see 
Sec.32.2(k)).
    (iii) Shooting hours for coyote, prairie dog, porcupine, woodchuck, 
and State-defined furbearers are \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset.
    (3) Big game hunting. We allow hunting of deer, elk, and pronghorn 
antelope on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
    (ii) We allow portable tree stands and ground blinds to be used from 
August 16 through January 31.
    (4) [Reserved]

[[Page 441]]

    (e) North Platte National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow youth hunting of pheasant, 
porcupine, prairie dog, rabbit, State-defined furbearers, squirrel, 
turkey, and coyote on designated areas of the refuge subject to the 
following conditions:
    (i) We close the Lake Alice Unit to all public entry from November 1 
through January 14, and we close the Minatare and Winters Creek Units to 
all public entry from October 15 through January 14.
    (ii) Hunters must be 15 years of age or younger (``youth hunters''). 
A licensed hunter 19 years of age or older (``adult guide'') must 
accompany youth hunters. Adult guides must not hunt or carry firearms.
    (iii) We close the refuge to public use from legal sunset to legal 
sunrise. Youth hunters and adult guides may enter the designated hunting 
area 1 hour prior to legal sunrise.
    (iv) We allow the use of dogs for hunting upland game.
    (3) Big game hunting. We allow archery hunting of mule deer and 
white-tailed deer on designated areas of the refuge subject to the 
following conditions:
    (i) The condition set forth at paragraph (e)(2)(i) of this section 
applies.
    (ii) 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.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (f) Rainwater Basin Wetland Management District--(1) Migratory game 
bird hunting. We allow migratory game bird hunting on designated areas 
of the district subject to the following conditions:
    (i) We allow the use of dogs when hunting, except that we prohibit 
hunting with dogs from May 1 to July 31.
    (ii) We prohibit exercising, running, or training dogs from May 1 to 
July 31.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district subject to the following condition: The conditions 
set forth at paragraphs (f)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district subject to the following condition: The conditions set 
forth at paragraphs (f)(1)(i) and (ii) of this section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district.
    (g) Valentine National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, crow, dove, dark goose, duck, light 
goose, merganser, rail, snipe, and woodcock on designated areas of the 
refuge subject to the following conditions:
    (i) We allow hunter access from 2 hours before legal sunrise to 2 
hours after legal sunset.
    (ii) We allow the use of dogs.
    (iii) We prohibit shooting from a motor vehicle or across any refuge 
roadway or right-of-way.
    (iv) You must remove all blinds and decoys at the conclusion of each 
day's hunt (see Sec.27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of cottontail rabbit, 
coyote, partridge, prairie chicken, quail, ring-neck pheasant, State-
defined furbearers, sharp-tailed grouse, squirrel, and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) through (iv) of 
this section apply.
    (ii) We allow coyote and State-defined furbearer hunting from 
September 1 to March 31. Shooting hours are \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset.
    (iii) We prohibit the use of dogs to hunt coyotes.
    (iv) We prohibit the use of bait to hunt coyotes.
    (v) You may only possess nontoxic shot when hunting turkey (see 
Sec.32.2(k)).
    (3) Big game hunting. We allow hunting of elk, white-tailed deer, 
mule deer, and pronghorn antelope on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) and (iii) of 
this section apply.
    (ii) We allow portable tree stands and ground blinds to be used from 
August 16 through January 31.

[[Page 442]]

    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Anglers may enter the refuge 1 hour before legal sunrise and 
remain 1\1/2\ hours after legal sunset.
    (ii) We prohibit the take of reptiles, amphibians, and minnows (see 
Sec.27.21 of this chapter), with the exception that you may take 
bullfrogs on refuge lakes open to fishing.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54124, Aug. 31, 2020]



Sec.32.47  Nevada.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Ash Meadows National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, snipe, and dove 
on designated areas of the refuge subject to the following conditions:
    (i) We only allow motorless boats or boats with electric motors on 
the refuge hunting area during the migratory waterfowl hunting season.
    (ii) We open the refuge to the public from 1 hour before legal 
sunrise until 1 hour after legal sunset.
    (2) Upland game hunting. We allow hunting of quail and rabbit on 
designated areas of the refuge subject to the following condition: The 
condition set forth at paragraph (a)(1)(ii) of this section applies.
    (3)-(4) [Reserved]
    (b) Desert National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of bighorn sheep on 
designated areas of the refuge subject to the following condition: We 
require bighorn sheep guides to obtain a Special Use Permit (FWS Form 3-
1383-C) prior to taking clients onto the refuge.
    (4) [Reserved]
    (c) Fallon National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, swan, coot, merganser, snipe, 
and dove on designated areas of the refuge subject to the following 
conditions:
    (i) We allow motorized and nonmotorized boats for hunting.
    (ii) We allow the use of dogs when hunting game birds.
    (iii) We allow overnight stays while hunting subject to the 
following conditions:
    (A) You may stay overnight only at designated sites within the 
refuge boundary.
    (B) We limit overnight stays to 4 consecutive nights at one 
location, and to 12 consecutive nights on the refuge.
    (2) Upland game hunting. We allow hunting of quail, rabbit, turkey, 
badger, beaver, and coyote on designated areas of the refuge subject to 
the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(ii) and (iii) of 
this section apply.
    (ii) We allow artificial lighting for hunting coyotes.
    (3) Big game hunting. We allow hunting of mule deer and pronghorn on 
designated areas of the refuge subject to the following condition: The 
condition set forth at paragraph (c)(1)(iii) of this section applies.
    (4) [Reserved]
    (d) Pahranagat National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, moorhen, snipe, and dove 
on designated areas of the refuge subject to the following conditions:
    (i) We allow hunting on designated days.
    (ii) We only allow motorless boats or boats with electric motors on 
the refuge hunting area during the migratory waterfowl hunting season.
    (iii) From October 1 to February 1, you may only possess shotshells 
in quantities of 25 or fewer when in the field once you have left your 
assigned parking lot or boat launch.
    (2) Upland game hunting. We allow hunting of quail and rabbit on 
designated areas of the refuge subject to the following conditions:
    (i) We allow hunting on designated days.
    (ii) We allow hunting of jackrabbits only during the State 
cottontail season.
    (iii) You may not possess more than 25 shot shells while in the 
field once you have left your assigned parking lot or boat launch.
    (3) [Reserved]

[[Page 443]]

    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We allow fishing year-round, 
except that we close the North Marsh to all fishing from October 1 
through February 1.
    (e) Ruby Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of dark goose, duck, coot, moorhen, and common 
snipe on designated areas of the refuge subject to the following 
conditions:
    (i) Hunters may access the refuge from 1 hour before legal sunrise 
until 2 hours after legal sunset.
    (ii) Hunters must remove all blind materials and decoys following 
each day's hunt.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Anglers may access the refuge from 1 hour before legal sunrise 
until 2 hours after legal sunset.
    (ii) We allow fishing by wading and from personal flotation devices 
(float tubes) and bank fishing in designated areas.
    (iii) You may use only artificial lures in the Collection Ditch and 
adjoining spring ponds.
    (iv) We prohibit the possession of live or dead bait fish, any 
amphibians (including frogs), and crayfish on the refuge.
    (f) Sheldon National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following condition: We allow only portable 
blinds and temporary blinds constructed of synthetic material.
    (2) Upland game hunting. We allow hunting of quail, grouse, and 
chukar on designated areas of the refuge.
    (3) Big game hunting. We allow hunting of deer, antelope, and 
bighorn sheep on designated areas of the refuge subject to the following 
conditions:
    (i) 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 State-issued hunting permit.
    (ii) You must remove blinds within 24 hours of harvesting an animal 
or at the end of the permittee's legal season (see Sec.27.93 of this 
chapter).
    (iii) You must label blinds with your State hunting license and 
permit numbers.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (g) Stillwater National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, swan, coot, merganser, snipe, 
and dove on designated areas of the refuge subject to the following 
conditions:
    (i) We allow the use of dogs when hunting game birds.
    (ii) We allow overnight stays while hunting subject to the following 
conditions:
    (A) You may stay overnight only at designated sites within the 
refuge boundary.
    (B) We limit overnight stays to 4 consecutive nights at one 
location, and to 12 consecutive nights on the refuge.
    (2) Upland game hunting. We allow hunting of quail, rabbit, turkey, 
badger, beaver, and coyote on designated areas of the refuge subject to 
the following conditions:
    (i) Approved methods of take include shotgun and federally approved 
non-lead shot, bow and arrow, and falconry.
    (ii) We allow the use of dogs when hunting.
    (iii) The condition set forth at paragraph (g)(1)(ii) of this 
section applies.
    (3) Big game hunting. We allow hunting of mule deer and pronghorn on 
designated areas of the refuge subject to the following conditions:
    (i) Approved methods of take include shotgun, muzzle-loading rifle, 
and bow and arrow.
    (ii) The condition set forth at paragraph (g)(1)(ii) of this section 
applies.
    (4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54126, Aug. 31, 2020]



Sec.32.48  New Hampshire.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Great Bay National Wildlife Refuge--(1) Migratory game bird 
hunting. We

[[Page 444]]

allow hunting of waterfowl on designated areas of the refuge subject to 
the following conditions:
    (i) You must access waterfowl hunting areas by boat launched from 
off-refuge sites only. We prohibit overland access through the refuge.
    (ii) We allow the use of dogs consistent with State regulations.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) We prohibit hunters from discharging a bow and arrow within 15 
feet (4.5 meters), or a firearm within 200 feet (61 meters), of the 
traveled portion of, or across, any refuge roads or trails.
    (ii) We allow hunting for deer during a 2-day hunt during the first 
weekend of the State's firearms season subject to the following 
conditions:
    (A) We require hunters to have a lottery-issued refuge firearms deer 
hunt permit (FWS Form 3-2439, Hunt Application--National Wildlife Refuge 
System) and to possess it at all times while scouting and hunting on the 
refuge.
    (B) We allow scouting during the week prior to the first day of the 
firearms deer hunt.
    (C) Hunters must check-in with refuge personnel prior to entering 
the refuge, and must check out with refuge personnel when exiting the 
refuge.
    (D) Hunters must register harvested deer at the refuge check 
station, if a refuge check station is offered.
    (E) Hunters must wear a minimum of 400 square inches (2,581 square 
centimeters) of solid-colored, blaze-orange clothing or material, in a 
visible manner on the head, chest, and back.
    (iii) We allow archery deer and archery turkey hunting during the 
fall season subject to the following conditions:
    (A) We require hunters to have a lottery-issued refuge hunt permit 
(Big/Upland Game Hunt Application, FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) and to possess it at all times while 
scouting and hunting on the refuge.
    (B) We allow scouting during the week prior to the season opening.
    (C) We prohibit archery hunting during the 2-day deer firearms hunt, 
unless the hunter possesses the appropriate firearms deer hunt permit.
    (iv) We allow turkey hunting during the spring season subject to the 
following conditions: The conditions set forth at paragraphs 
(a)(3)(iii)(A) and (B) of this section apply.
    (4) [Reserved]
    (b) Silvio O. Conte National Fish and Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of duck, goose, common snipe, and 
American woodcock on designated areas of the refuge subject to the 
following condition: We allow the use of dogs consistent with State 
regulations.
    (2) Upland game hunting. We allow hunting of coyote, fox, raccoon, 
woodchuck, red squirrel, eastern gray squirrel, porcupine, skunk, crow, 
snowshoe hare, ring-necked pheasant, and ruffed grouse on designated 
areas of the refuge subject to the following condition: We allow the use 
of dogs consistent with State regulations.
    (3) Big game hunting. We allow hunting of white-tailed deer, moose, 
black bear, and wild turkey on designated areas of the refuge subject to 
the following condition: We allow tree stands and blinds that are 
clearly marked with the owner's State hunting license number.
    (4) [Reserved]
    (c) Umbagog National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, snipe, coot, crow, and 
woodcock on designated areas of the refuge subject to the following 
condition: We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of fox, raccoon, 
woodchuck, squirrel, porcupine, skunk, snowshoe hare, ring-necked 
pheasant, and ruffed grouse on designated areas of the refuge subject to 
the following conditions:
    (i) We prohibit night hunting from \1/2\ hour after legal sunset 
until \1/2\ hour before legal sunrise the following day.
    (ii) We allow the use of dogs consistent with State regulations.
    (3) Big game hunting. We allow hunting of bear, white-tailed deer, 
coyote, wild turkey, and moose on designated

[[Page 445]]

areas of the refuge subject to the following conditions:
    (i) We allow the use of dogs consistent with State regulations.
    (ii) Hunters must retrieve all species harvested on the refuge.
    (iii) We allow temporary blinds and tree stands that are clearly 
marked with the owner's State hunting license number. You may erect 
temporary blinds and tree stands no earlier than 14 days prior to the 
hunting season, and you must remove them within 14 days after the 
hunting season (see Sec.27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54126, Aug. 31, 2020]



Sec.32.49  New Jersey.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Cape May National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl, coot, moorhen, rail, snipe, and 
woodcock on designated areas of the refuge subject to the following 
conditions:
    (i) The 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 snipe season.
    (ii) We allow the use of dogs consistent with State regulations.
    (iii) We prohibit falconry.
    (2) Upland game hunting. We allow hunting of rabbit and squirrel on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(ii) and (iii) of 
this section apply.
    (ii) We allow rabbit and squirrel hunting following the end of the 
State's 6-day firearm season for white-tailed deer, until the close of 
the regular rabbit and squirrel season.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
condition: Tree stands must be marked with the owner's New Jersey 
Conservation Identification Number.
    (4) Sport fishing. We allow saltwater sport fishing on designated 
areas of the refuge subject to the following conditions:
    (i) We allow fishing from 1 hour before legal sunrise to 1 hour 
after legal sunset.
    (ii) We close the Atlantic Ocean beach annually to all access, 
including fishing, between April 1 and September 30.
    (iii) We prohibit fishing for, or possession of, shellfish on refuge 
lands.
    (b) Edwin B. Forsythe National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of waterfowl, coot, moorhen, and rail on 
designated areas of the refuge subject to the following conditions:
    (i) We require hunters to possess a signed refuge hunt permit 
(Migratory Bird Hunt Application FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) at all times while scouting and hunting 
on the refuge.
    (ii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of squirrel on designated 
areas of the refuge subject to the following condition: The conditions 
set forth at paragraphs (b)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (b)(1)(i) of this section 
applies.
    (ii) You must mark deer stands with the hunter's New Jersey 
Conservation Identification Number. You must remove deer stands from the 
refuge at the end of the last day of the hunting season (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the use of lead 
fishing tackle on the refuge.
    (c) Great Swamp National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:

[[Page 446]]

    (i) Hunters must obtain a refuge hunt permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System), and possess the signed 
refuge permit at all times while hunting or scouting on the refuge.
    (ii) On scouting days, hunters must access the refuge between legal 
sunrise and legal sunset. On hunting days, hunters may enter the refuge 
2 hours before legal shooting time and must leave no later than 2 hours 
after legal shooting time.
    (iii) Hunters may put up tree stands beginning on the first scouting 
day, except on the day of the refuge's youth hunt. Hunters must retrieve 
their stands by 12 p.m. (noon) on the Sunday after the last day of the 
hunt (see Sec.27.93 of this chapter). All hunters must put their 
Conservation Identification Number on their stand, and they may have 
only one stand in the field at any one time.
    (iv) We allow hunters to use sleds to retrieve deer in the 
Wilderness Area east of Long Hill/New Vernon Road. We prohibit wheeled 
game carriers.
    (v) We prohibit organized deer drives. We define a ``deer drive'' as 
an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) [Reserved]
    (d) Supawna Meadows National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of goose and duck on designated areas of 
the refuge subject to the following condition: We allow the use of dogs 
consistent with State regulations.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following condition: We 
allow only bow hunting on the refuge.
    (4) Sport fishing. We allow sport fishing and crabbing on the refuge 
in designated areas subject to the following conditions:
    (i) We prohibit the taking of frogs and turtles from all nontidal 
waters and refuge lands (see Sec.27.21 of this chapter).
    (ii) We prohibit fishing in designated nontidal waters from legal 
sunset to legal sunrise.
    (iii) We prohibit bow fishing in nontidal waters.
    (e) Wallkill River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory birds on designated areas of the 
refuge subject to the following conditions:
    (i) Hunters must obtain a refuge hunt permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System). We require hunters to 
possess a signed refuge hunt permit at all times while scouting and 
hunting on the refuge.
    (ii) Hunters may enter the refuge 2 hours before legal shooting time 
and must leave no later than 2 hours after legal shooting time.
    (iii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of coyote, fox, crow, 
ruffed grouse, opossum, raccoon, pheasant, chukar, rabbit/hare/
jackrabbit, squirrel, and woodchuck on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i) through (iii) 
of this section apply.
    (ii) We allow hunting from legal sunrise to legal sunset.
    (3) Big game hunting. We allow hunting of white-tailed deer, bear, 
and wild turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i) and (ii) of 
this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on the refuge subject to 
the following conditions:
    (i) We open Owens Station Crossing for catch-and-release fishing 
only.
    (ii) We allow fishing from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.

[[Page 447]]

    (iii) We prohibit the taking of amphibians and reptiles (see Sec.
27.21 of this chapter).
    (iv) We prohibit trapping fish for use as bait.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54127, Aug. 31, 2020]



Sec.32.50  New Mexico.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bitter Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose; duck; coot; mourning and white-
winged dove; and sandhill crane on designated areas of the refuge 
subject to the following conditions:
    (i) We restrict hunting in the Middle Tract to the following times:
    (A) You may hunt only on Tuesdays, Thursdays, and Saturdays during 
the period when the State seasons that apply to the Middle Tract area 
are open.
    (B) You may hunt only until 1 p.m. on each hunt day.
    (ii) On the South Tract, we allow hunting only during special hunts 
(hunters with disabilities and/or youth hunters age 17 and younger).
    (iii) You must remove all waterfowl decoys and all temporary blinds/
stands after each day's hunt (see Sec.27.93 of this chapter).
    (iv) We allow the use of dogs when hunting.
    (2) Upland game hunting. We allow hunting of pheasant, quail 
(scaled, Gambel's, northern bobwhite, and Montezuma), Eurasian collared-
dove, desert cottontail, and black-tailed jackrabbit on designated areas 
of the refuge subject to the following conditions:
    (i) We allow rabbit hunting on the North Tract only during the 
season that is concurrently open for quail hunting within the State.
    (ii) The conditions set forth at paragraphs (a)(1)(i) and (ii) of 
this section apply.
    (iii) We allow Eurasian collared-dove hunting on the North Tract 
only during the season that is concurrently open for dove hunting within 
the State.
    (3) Big game hunting. We allow hunting of mule deer, white-tailed 
deer, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) Hunters may take feral hog (no bag limit) only while legally 
hunting deer and only with the weapon legal for deer on that day in that 
area.
    (ii) You must remove all temporary blinds/stands after each day's 
hunt (see Sec.27.93 of this chapter).
    (4) [Reserved]
    (b) Bosque del Apache National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of mourning dove, white-winged dove, and 
light goose on designated areas of the refuge subject to the following 
conditions:
    (i) We allow hunting of light goose in the North Special Hunt Area 
on dates to be determined by refuge staff. Hunters must possess a permit 
available through a lottery drawing (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System).
    (ii) Hunting hours for mourning and white-winged dove are from \1/2\ 
hour before legal sunrise to legal sunset. Hunting hours for light goose 
are from \1/2\ hour before legal sunrise to 12:00 p.m. (noon) Mountain 
Time.
    (iii) You must remove all spent shells and all other personal 
equipment at the end of each day's hunt (see Sec. Sec.27.93 and 27.94 
of this chapter).
    (iv) We allow the use of dogs when hunting.
    (v) We prohibit falconry on the refuge.
    (vi) We allow the use of horses and pack stock in support of hunting 
in the East Hunt Unit only.
    (2) Upland game hunting. We allow hunting of scaled, Gambel's, 
northern bobwhite, and Montezuma quail; cottontail rabbit; black-tailed 
jackrabbit; and Eurasian collared-dove on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(iv) through (vi) 
of this section apply.
    (ii) Hunting hours are from \1/2\ hour before legal sunrise to \1/2\ 
after legal sunset.
    (3) Big game hunting. We allow hunting of mule deer, javelina, oryx, 
and

[[Page 448]]

bearded Rio Grande turkey on designated areas of the refuge subject to 
the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(vi) and (b)(2)(ii) 
of this section apply.
    (ii) We allow hunting of bearded Rio Grande turkey for youth hunters 
in the North Special Hunt Area and South Special Hunt Area during the 
State-established youth hunt and on weekends April through May during 
the State-established general spring turkey hunt. All hunters must fill 
out FWS Form 3-2439 (Hunt Application--National Wildlife Refuge System) 
and pay a fee. The permit is available through a lottery drawing. If 
selected, you must carry your refuge hunt permit (FWS Form 3-2439) at 
all times during the hunt.
    (iii) We allow incidental take of feral hog by those legally 
licensed for, and participating in, other big game hunting activities. 
You may take feral hog only with a method allowed within each refuge 
hunt unit. We prohibit the use of dogs for this activity.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from April 1 through September 30.
    (ii) We allow fishing from \1/2\ hour before legal sunrise until \1/
2\ hour after legal sunset.
    (iii) We prohibit trotlines, bow fishing, seining, dip netting, and 
traps.
    (iv) We allow frogging for bullfrog on the refuge in areas that are 
open to fishing. We allow the use of hook and line, spears, gigs, and 
archery equipment to take bullfrog.
    (c) Las Vegas National Wildlife Refuge--(1) Migratory Game Bird 
Hunting. We allow hunting of mourning dove and goose on designated areas 
of the refuge subject to the following conditions:
    (i) You must possess and carry a refuge hunt permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
    (ii) We allow the use of dogs when hunting.
    (iii) We allow hunting of goose on dates to be determined by refuge 
staff. Hunters must possess a permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System).
    (iv) Shooting hours for geese are from \1/2\ hour before legal 
sunrise to 1 p.m. local time.
    (v) We assign a bag limit for both light goose and Canada goose.
    (2)--(4) [Reserved]
    (d) Maxwell National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from noon March 1 through October 31.
    (ii) We allow boats on Lake 13 only during the fishing season; boats 
must travel at trolling speed only.
    (e) San Andres National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of oryx or gemsbok (Oryx 
gazella) and desert bighorn sheep (Ovis canadensis mexicana) on 
designated areas of the refuge as governed by White Sands Missile Range 
(WSMR) regulations subject to the following conditions:
    (i) Hunters using livestock (i.e., horses or mules) must provide 
only certified weed-free feed to their animals while on the refuge. You 
must feed livestock weed-free feed exclusively for 3 days prior to 
arrival on the refuge.
    (ii) We allow all-terrain vehicle (ATV) use by hunters or members of 
their hunting party, for game retrieval only. ATVs must remain on 
designated roads. All vehicles, including trailers and ATVs, must be 
cleaned of mud, vegetation, and other debris prior to use on the refuge.
    (4) [Reserved]
    (f) Sevilleta National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning dove, white-winged dove, goose, 
duck, and coot on designated areas of the refuge subject to the 
following conditions:
    (i) In Units A and B, legal hunting hours begin from \1/2\ hour 
before legal sunrise and will not extend past 1 p.m. on each hunt day. 
Hunters may access Units A and B from 1 hour before legal sunrise until 
1 hour after legal sunset.
    (ii) In Unit B, we allow waterfowl hunting from designated blinds 
only.
    (iii) We allow the use of dogs when hunting.

[[Page 449]]

    (iv) At Unit A, in the Cornerstone Marsh Unit, we give priority use 
to disabled hunters (per Mobility-Impaired Certification in the State 
Hunting Rules and Information pamphlet).
    (2) Upland game hunting. We allow hunting of Gambel's quail and 
Eurasian collared-dove on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(iii) and (iv) of 
this section apply.
    (ii) In the Rio Puerco Unit, legal hunting hours will run from \1/2\ 
hour before legal sunrise to legal sunset.
    (iii) We allow falcons to hunt dove in the Rio Puerco Unit only.
    (iv) We open to Eurasian collared-dove hunting only during the State 
South Zone mourning and white-winged dove season.
    (3)-(4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54127, Aug. 31, 2020]



Sec.32.51  New York.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Amagansett National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We seasonally close the 
refuge to sport fishing from April 1 to August 31.
    (b) Elizabeth A. Morton National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (c) Iroquois National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, rail, coot, gallinule, 
woodcock, and snipe on designated areas of the refuge subject to the 
following conditions:
    (i) We allow the use of dogs consistent with State regulations.
    (ii) For hunting of duck, goose, and coot:
    (A) We allow hunting on Saturday of the New York State Youth Days.
    (B) We allow hunting Tuesdays, Thursdays, and Saturdays during the 
regular waterfowl season, excluding opening day of deer firearms season.
    (C) We require proof of successful completion of the New York State 
waterfowl identification course, the Iroquois nonresident waterfowl 
identification course, or a suitable nonresident State waterfowl 
identification course. All hunters must show proof of successful course 
completion each time they hunt.
    (D) We require a refuge hunt permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System).
    (E) We allow hunting from legal starting time until 12 p.m. (noon). 
We require hunters to return a completed Migratory Bird Hunt Report (FWS 
Form 3-2361) no later than 1 p.m. on the day of the hunt.
    (F) Hunters must remain in designated hunting areas, unless actively 
pursuing downed or crippled birds.
    (iii) For hunting of rail, gallinule, snipe, and woodcock, we allow 
hunting during the State seasons east of Sour Springs Road by all 
hunters, except we close rail, gallinule, snipe and woodcock hunting 
during refuge waterfowl hunt days to hunters without a refuge waterfowl 
permit.
    (2) Upland game hunting. We allow hunting of ruffed grouse, gray 
squirrel, cottontail rabbit, pheasant, coyote, fox, raccoon, skunk, and 
opossum on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (c)(1)(i) of this section 
applies.
    (ii) For small game hunting:
    (A) We allow hunting from opening day of the State season until the 
last day of February.
    (B) We prohibit the use of raptors to take small game.
    (iii) For furbearer hunting, we prohibit hunting from legal sunset 
to legal sunrise.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) We require a refuge permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) for spring turkey hunting.
    (ii) The condition set forth at paragraph (c)(1)(i) of this section 
applies.

[[Page 450]]

    (4) Sport fishing. We allow sport fishing and frogging on designated 
areas of the refuge subject to the following conditions:
    (i) We allow fishing and frogging from legal sunrise to legal 
sunset.
    (ii) We prohibit collecting fish for use as bait.
    (d) Montezuma National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl, Canada goose, snow goose, and 
gallinule on designated areas of the refuge subject to the following 
conditions:
    (i) We allow the use of dogs consistent with State regulations.
    (ii) For the regular waterfowl season:
    (A) We require daily refuge permits (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System) and reservations; we issue 
permits to hunters with a reservation for that hunt day. We require you 
to complete and return your permit by the end of the hunt day.
    (B) We allow hunting only on Tuesdays, Thursdays, and Saturdays 
during the established refuge season set within the State western zone 
season. We allow a youth waterfowl hunt during New York State's 
established youth waterfowl hunt each year.
    (C) All hunters with reservations and their hunting companions must 
check-in at the Route 89 Hunter Check Station area at least 1 hour 
before legal shooting time or forfeit their reservation.
    (D) We allow motorless boats to hunt waterfowl. We limit hunters to 
one boat per reservation and one motor vehicle in the hunt area per 
reservation.
    (E) We prohibit shooting from within 500 feet (152.4 meters) of the 
Tschache Pool observation tower.
    (F) We require proof of successful completion of the New York State 
waterfowl identification course, the Montezuma nonresident waterfowl 
identification course, or a suitable nonresident State waterfowl 
identification course. All hunters must show proof of successful course 
completion each time they hunt.
    (G) You may hunt gallinule only during the regular waterfowl season.
    (iii) For Canada goose and snow goose hunting:
    (A) We allow hunting of Canada goose during the New York State 
September season and of snow goose during portions of the New York State 
snow goose season and portions of the period covered by the Light Goose 
Conservation Order.
    (B) You must possess a valid daily hunt permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System). We require you to 
complete and return the daily hunt permit card by the end of the hunt 
day.
    (C) For snow goose hunting, hunters may enter the refuge no earlier 
than 4 hours before legal sunrise. For Canada goose hunting, hunters may 
enter the refuge no earlier than 2 hours before legal sunrise.
    (2) Upland game hunting. We allow hunting of rabbit and squirrel on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
    (ii) You must possess a valid daily hunt permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System) and are required to 
complete and return the daily hunt permit card by the end of each hunt 
day.
    (iii) We allow upland game hunters to access the refuge from 2 hours 
before legal sunrise until 2 hours after legal sunset.
    (iv) We require the use of approved nontoxic shot for upland game 
hunting (see Sec.32.2(k)).
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
    (ii) You must possess a valid daily hunt permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System). We require you to 
complete and return the daily hunt permit card by the end of the hunt 
day.
    (iii) We allow white-tailed deer and turkey hunters to access the 
refuge from 2 hours before legal sunrise until 2 hours after the end of 
legal shooting time.
    (iv) We allow youth and special big game hunts during New York 
State's established youth and special big game hunts each year.

[[Page 451]]

    (4) Sport fishing. We allow access for fishing from designated areas 
of the refuge subject to the following condition: We prohibit the use of 
lead fishing tackle.
    (e) Oyster Bay National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Anglers may fish from the 
refuge shoreline at Mill Pond from legal sunrise to legal sunset.
    (f) Seatuck National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We allow archery hunting on specific days between November 1 and 
January 31.
    (ii) Hunters must obtain and possess a refuge-specific permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System) for 
hunting on the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Anglers may fish in refuge-
controlled waters of the Great South Bay from boats only.
    (g) Shawangunk Grasslands National Wildlife Refuge. (1)-(2) 
[Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) Hunters must purchase and possess a signed refuge hunt permit 
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) at 
all times while scouting and hunting on the refuge.
    (ii) You may hunt deer using archery equipment only.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) Hunters may enter the refuge 2 hours before legal shooting time 
and leave no later than 2 hours after legal shooting time.
    (4) [Reserved]
    (h) Target Rock National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We allow sport fishing in 
Huntington Bay from the refuge shoreline when the refuge is open to 
visitors.
    (i) Wallkill River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory birds on designated areas of the 
refuge subject to the following conditions:
    (i) Hunters must obtain and possess a signed refuge hunt permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System) at all 
times while scouting and hunting on the refuge.
    (ii) Hunters may enter the refuge 2 hours before legal shooting time 
and leave no later than 2 hours after legal shooting time.
    (iii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of rabbit/hare, gray/
black/fox squirrel, pheasant, bobwhite quail, ruffed grouse, crow, red/
gray fox, coyote, bobcat, raccoon, skunk, mink, weasel, and opossum on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (iii) 
of this section apply.
    (ii) We allow hunting from legal sunrise to legal sunset.
    (3) Big game hunting. We allow hunting of white-tailed deer, bear, 
and wild turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) and (ii), and 
(i)(2)(ii) of this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We open Owens Station Crossing for catch-and-release fishing 
only.

[[Page 452]]

    (ii) We allow fishing from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    (iii) We prohibit the taking of amphibians and reptiles.
    (iv) We prohibit minnow/bait trapping.
    (j) Wertheim National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey within designated areas of the refuge subject to the following 
conditions:
    (i) We allow archery and shotgun hunting of white-tailed deer during 
specific days between November 1 and January 31.
    (ii) We require a permit (FWS Form 3-2439, Hunt Application--
National Wildlife Refuge System) for hunting on the refuge.
    (iii) Hunters assigned to Unit 5 must hunt from portable tree stands 
and must direct aim away from a public road and/or dwelling.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow shore and boat fishing on the portion of the Carmans 
River between Sunrise and Montauk Highways.
    (ii) We allow only boat fishing from Montauk Highway south to the 
mouth of the Carmans River.
    (iii) We prohibit spearfishing.
    (iv) We prohibit the taking of baitfish and frogs.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54128, Aug. 31, 2020]



Sec.32.52  North Carolina.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Alligator River National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, goose, tundra swan, coot, 
mourning dove, snipe and woodcock on designated areas of the refuge 
subject to the following conditions:
    (i) We require all hunters to possess and carry a signed, self-
service refuge hunting regulations and permit (signed brochure) while 
hunting on the refuge.
    (ii) We allow the use of dogs when hunting in designated areas.
    (iii) We allow hunters to enter and remain in open hunting areas 
from 1 hour before legal shooting time until 1 hour after legal shooting 
time.
    (2) Upland game hunting. We allow hunting of quail, rabbit, 
squirrel, opossum, and raccoon on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (iii) 
of this section apply.
    (ii) We only allow dog training during the corresponding hunt 
season.
    (iii) We require a Special Use Permit (FWS Form 3-1383-G) to hunt 
raccoon or opossum from \1/2\ hour after legal sunset until \1/2\ hour 
before legal sunrise.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (iii) 
and (a)(2)(ii) of this section apply.
    (ii) Unarmed hunters may walk to retrieve stray dogs from closed 
areas and ``no dog hunting'' areas.
    (4) Sport fishing. We allow sport fishing and frogging on designated 
areas of the refuge subject to the following conditions:
    (i) We allow only fishing from legal sunrise to legal sunset.
    (ii) We only allow pole and line, rod and reel, or cast net.
    (iii) We require a Special Use Permit (FWS Form 3-1383-G) for 
fishing or frogging between legal sunset and legal sunrise.
    (iv) You must only take frogs by use of frog gigs.
    (b) Cedar Island National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of tundra swan, Canada and snow goose, brant, 
duck, teal, and coot on designated areas of the refuge subject to the 
following conditions:
    (i) We allow portable blinds. Hunters must remove blinds, decoys, 
and other personal property from the refuge at the end of each day's 
hunt (see Sec.27.93 of this chapter).
    (ii) Hunters/hunt parties must not hunt closer than 150 yards (135 
meters) apart.

[[Page 453]]

    (iii) We allow hunters to enter and remain in open hunting areas 
from 1 hour before legal shooting time until 1 hour after legal shooting 
time.
    (2)-(4) [Reserved]
    (c) Currituck National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of swan, goose, duck, and coot on designated 
areas of the refuge subject to the following conditions:
    (i) We require a North Carolina Waterfowl Hunt Permit or a refuge 
hunt permit (signed brochure). You must carry a permit while hunting on 
the refuge.
    (ii) You must hunt from your assigned blind location.
    (iii) We allow hunting from \1/2\ hour before legal sunrise to 4:20 
p.m. (as governed by County regulations).
    (iv) We allow hunters to access the refuge 1\1/2\ hours before legal 
shooting time until 1 hour after legal shooting time.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of deer and feral hog on 
limited dates on designated areas of the refuge subject to the following 
conditions:
    (i) We require a refuge hunting permit (signed brochure) that 
hunters must sign and carry while hunting on the refuge.
    (ii) We allow the use of shotguns, muzzleloading rifles/shotguns, 
and bows in designated units. We prohibit the use of all other rifles 
and crossbows.
    (iii) We allow hunters on the refuge from 1 hour before legal 
sunrise to 1 hour after legal sunset.
    (iv) We allow the use of portable tree stands, but hunters must 
remove them from the refuge at the end of each day's hunt (see Sec.
27.93 of this chapter).
    (v) Hunters may access the refuge by foot, boat, and/or vehicle, but 
we prohibit hunting from a boat or vehicle.
    (vi) Each youth hunter, age 15 and younger, must have successfully 
completed a State-approved hunter safety course, and must possess and 
carry proof of certification. While hunting, 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.
    (4) [Reserved]
    (d) Great Dismal Swamp National Wildlife Refuge. Refer to Sec.
32.65(e) for regulations.
    (e) Mackay Island National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) We require a refuge deer hunting permit (signed brochure) that 
hunters must sign and carry while hunting on the refuge.
    (ii) We allow the use of shotguns, muzzleloading rifles/shotguns, 
pistols, crossbows, and bows. We prohibit the use of all other rifles.
    (iii) We allow access to hunting areas from 5 a.m. until 8 p.m.
    (iv) We prohibit carrying a loaded firearm on or within 50 feet (15 
meters) of gravel roads.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing only from legal sunrise to legal sunset from 
March 15 through October 15, except that we allow fishing along the 
Marsh Causeway year-round. The 0.3 Mile Loop Trail and the terminus of 
the canal immediately adjacent to the Visitor Center are open year-
round, but we close them during the refuge permit deer hunts.
    (ii) Anglers must attend all fishing lines.
    (f) Mattamuskeet National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow the hunting of tundra swan, goose, duck, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) We require refuge-issued permits (name and address) that you 
must validate at the refuge headquarters, sign, and possess while 
hunting.
    (ii) Refuge personnel will assign you to a hunting blind. You must 
hunt from your assigned blind.
    (iii) Hunters may only shoot crippled waterfowl from outside the 
assigned blind.
    (iv) Hunters may use decoys, but you must remove them from the 
refuge at the end of each day's hunt (see Sec.27.93 of this chapter).

[[Page 454]]

    (v) All waterfowl hunters must check out at the assigned station 
prior to leaving the refuge.
    (vi) Shooting hours are from \1/2\ hour before legal sunrise until 
12 p.m. (noon).
    (vii) We allow the use of dogs when hunting.
    (viii) We allow the taking of only Canada goose during the State 
September Canada goose season subject to the following conditions:
    (A) We allow hunting Monday through Saturday during the State 
season.
    (B) The hunter must possess and carry a validated refuge permit 
(name and address) while hunting.
    (ix) Hunting by youth hunters (age 16 and younger) is subject to the 
following conditions:
    (A) 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. Each adult may supervise no 
more than two youth hunters.
    (B) Youth hunters must possess and carry evidence of successful 
completion of a State-approved hunter education course.
    (C) We allow hunting on Tuesdays, Wednesdays, Fridays, and Saturdays 
during the late and youth waterfowl State seasons.
    (2) [Reserved]
    (3) Big game hunting. We allow the hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The hunter must possess and carry a signed, validated refuge 
permit (name and address) and a State-issued lottery permit while 
hunting.
    (ii) Hunters may take one antlered deer and one antlerless deer per 
day, or two antlerless deer per day.
    (iii) Hunters may take deer with shotgun, bow and arrow, crossbow, 
or muzzleloading rifle/shotgun.
    (iv) We allow hunters on the refuge from 1 hour before legal 
shooting time until 1 hour after legal shooting time.
    (v) Hunters can use boats to access hunt areas, but we prohibit 
hunting from a boat.
    (vi) We allow the use of only portable blinds and deer stands. 
Blinds must display hunter orange that is visible from all directions. 
Hunters with a valid permit (name and address) may erect one portable 
blind or stand the day before the start of their hunt and must remove it 
at the end of the second day of that 2-day hunt (see Sec.27.93 of this 
chapter). Any stands or blinds left overnight on the refuge must have a 
tag with the hunter's State hunting license number.
    (vii) Hunters must wear a minimum of 500 square inches (3,250 square 
centimeters) of hunter-orange material above the waist that is visible 
from all directions.
    (viii) An adult may only supervise one youth hunter. The youth 
hunter must be within sight and normal voice contact of the adult.
    (ix) We allow the use of only biodegradable-type flagging.
    (4) Sport fishing. We allow sport fishing and crabbing on designated 
areas of the refuge subject to the following conditions:
    (i) We are open to sport fishing, bow fishing, and crabbing from 
March 1 through October 31, from \1/2\ hour before legal sunrise to \1/
2\ hour after legal sunset, except that we allow bank fishing and 
crabbing year-round from:
    (A) State Route 94 (24 hours a day);
    (B) The north bridge and south of the north bridge at Lake Landing;
    (C) The Outfall Canal water control structure;
    (D) The Central Canal bridge on Wildlife Drive; and
    (E) Along the west main and east main canal between the Entrance 
Road metal bridge and Number One East Canal as posted.
    (ii) We prohibit herring dipping.
    (iii) We allow crabbing subject to the following conditions:
    (A) We allow only five handlines and hand-activated traps per 
person. Owners must be in attendance, and must remove all handlines and 
traps daily (see Sec. Sec.27.93 and 27.94 of this chapter).
    (B) We prohibit crab pots.
    (C) You may only take or possess 12 crabs per person per day.
    (g) Pea Island National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing and crabbing on designated 
areas of

[[Page 455]]

the refuge subject to the following condition: We require all 
recreational nighttime surf anglers to possess and carry a signed, self-
service refuge nighttime surf fishing permit (signed brochure) while 
fishing on the refuge between \1/2\ hour after legal sunset and \1/2\ 
hour before legal sunrise.
    (h) Pee Dee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of dove on designated dates and areas of the 
refuge subject to the following conditions:
    (i) We require all hunters to possess and carry a signed refuge 
general hunt permit (signed brochure) and government-issued picture 
identification while in the field.
    (ii) 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 (age 18 and younger). 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.
    (iii) We prohibit hunting on Sundays.
    (2) Upland game hunting. We allow hunting of quail, rabbit, 
squirrel, raccoon, and opossum on designated dates and areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i) through (iii) 
of this section apply (with the following exception to the condition at 
paragraph (h)(1)(ii): Each adult may supervise no more than one youth 
hunter).
    (ii) We require the use of dogs on raccoon/opossum hunts. All dogs 
must wear a collar displaying the owner's contact information.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated dates and areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (h)(1)(i) through (iii) 
of this section apply (with the following exception to the condition at 
paragraph (h)(1)(ii): Each adult may supervise no more than one youth 
hunter).
    (ii) We require each person participating in a muzzleloader or 
firearms quota hunt to possess a nontransferable refuge quota hunt 
permit. You may apply for quota hunt permits by submitting a completed 
hunt application (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System) available at the refuge office.
    (iii) During big game 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.
    (iv) Youth quota hunts are for hunters ages 10 through 17.
    (v) During refuge firearms deer hunts, all participants must wear at 
least 500 square inches (3,250 square centimeters) of unbroken, 
fluorescent-orange material above the waist as an outer garment while 
hunting and while en route to and from hunting areas.
    (vi) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (vii) We prohibit placing a tree stand on the refuge more than 4 
days prior to the opening day of the deer hunt in which hunters will be 
participating, except for participants of the youth deer hunt, who may 
place tree stands no more than 7 days prior to the hunt day. Archery 
hunters must remove their tree stands by the last day of that hunt (see 
Sec.27.93 of this chapter). Muzzleloader and firearms hunters must 
remove their tree stands by the day after the last day of that hunt (see 
Sec.27.93 of this chapter).
    (viii) You must check all deer taken on the refuge at the refuge 
check station on the date of take prior to removing the animal from the 
refuge.
    (ix) During refuge muzzleloader and firearms deer hunts, we prohibit 
all other public use in refuge hunting areas.
    (x) We prohibit big game hunting within 100 feet (30 meters) of any 
vehicle or road open to vehicle traffic.
    (4) Sport fishing. We allow sport fishing on designated dates and 
areas of the refuge subject to the following conditions:
    (i) We require all anglers to possess and carry a signed refuge 
sport fishing

[[Page 456]]

permit (signed brochure) and government-issued picture identification 
while fishing in refuge waters.
    (ii) We prohibit possession or use of trotlines, set hooks, gigs, 
jug lines, limblines, snagging devices, nets, seines, fish traps, or 
other special devices.
    (i) Pocosin Lakes National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, swan, dove, woodcock, rail, 
and snipe on designated areas of the refuge subject to the following 
conditions:
    (i) We require consent from refuge personnel to enter and retrieve 
legally taken game animals from closed areas, including ``No Hunting 
Zones.''
    (ii) We require all hunters and anglers to possess and carry a 
signed, self-service refuge hunting/fishing permit (signed brochure) 
while hunting and fishing on the refuge. We require all hunters age 16 
and older to purchase and carry a special refuge recreational activity 
permit (name/address/phone number).
    (iii) We allow hunters to enter and remain in hunting areas from 2 
hours before legal sunrise until 2 hours after legal sunset when we 
allow hunting in those areas.
    (iv) We allow the use of all-terrain vehicles (ATVs) only on 
designated ATV roads (see Sec.27.31 of this chapter) and only to 
transport hunters and their equipment to hunt and scout. We allow 
hunting from ATVs while on these designated ATV roads when they are 
stationary and the engine is turned off. We allow ATV use only on the 
ATV roads at the following times:
    (A) When we open the ATV road and surrounding area to hunting;
    (B) One week prior to the ATV road and surrounding area opening to 
hunting; and
    (C) On Sundays, when we open the ATV road and surrounding area for 
hunting the following Monday.
    (v) We allow the use of biodegradable-type flagging.
    (vi) We allow the use of only portable blinds and temporary blinds 
constructed of natural materials. You must remove portable blinds at the 
end of each day (see Sec.27.93 of this chapter).
    (vii) We allow the use of dogs to point and retrieve migratory game 
birds.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
raccoon, opossum, rabbit, beaver, nutria, and fox on designated areas of 
the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (iv) of 
this section apply.
    (ii) We only allow the taking of beaver and nutria with firearms and 
only during those times when the area is open to hunting of other game 
animals with firearms.
    (iii) 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 General Special Use Application and Permit (FWS Form 
3-1383-G).
    (iv) We prohibit the use of rifles, other than .22-caliber rimfire 
rifles for hunting, and we prohibit the use of pistols for hunting.
    (v) We allow the use of dogs for pointing and retrieving upland game 
and for chasing rabbit (but not fox). We prohibit possession of buckshot 
or slugs while hunting with dogs.
    (3) Big game hunting. We allow hunting of deer, turkey, and feral 
hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (i)(1)(i) through (iv) of 
this section apply.
    (ii) You may hunt turkey only if you carry a valid permit (General 
Activities Special Use Permit Application, FWS Form 3-1383-G). These 
permits are valid only for the dates and areas shown on the permit. You 
may possess only approved nontoxic shot (see Sec.32.2(k)) while 
hunting turkeys west of Evans Road and on the Pungo Unit.
    (iii) We prohibit the use of rifles and pistols.
    (iv) We allow deer hunting on the Pungo Unit only through the end of 
October each season, except that we allow deer hunting with archery 
equipment on the Pungo Unit through the end of November.
    (v) We allow hunters to take feral hogs in any area that is open to 
hunting deer using only those weapons authorized for taking deer. On the 
Frying Pan tracts, we also allow hunters to

[[Page 457]]

take feral hogs, using only those weapons authorized for taking deer, 
whenever we open those tracts to hunting any game species with firearms.
    (vi) We allow the use of only portable deer stands (tree climbers, 
ladders, tripods, etc.).We require that you remove all stands, blinds, 
and other personal property at the end of each day (see Sec.27.93 of 
this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing in Pungo Lake and New Lake only from March 1 
through October 31, except that we close Pungo Lake and the entire Pungo 
Unit to fishing during the limited big game hunts.
    (ii) We allow fishing only from \1/2\ hour before legal sunrise 
until \1/2\ hour after legal sunset.
    (j) Roanoke River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck and coot on designated areas of the 
refuge.
    (2) Upland game hunting. We allow hunting of squirrel, raccoon, and 
opossum on designated areas of the refuge.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge.
    (4) [Reserved]
    (k) Swanquarter National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow the hunting of tundra swan, goose, brant, duck, teal, 
and coot on designated areas of the refuge subject to the following 
conditions:
    (i) We allow portable blinds. You must remove blinds, decoys, and 
other personal property at the end of each day's hunt (see Sec.27.93 
of this chapter).
    (ii) We prohibit hunters/hunt parties from hunting closer than 150 
yards (135 meters) apart.
    (iii) We allow hunters to enter and remain in open hunting areas 
from 1 hour before legal shooting time until 1 hour after legal shooting 
time.
    (2)-(4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54129, Aug. 31, 2020]



Sec.32.53  North Dakota.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Appert Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (b) Ardoch National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (c) Arrowwood National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, partridge, cottontail rabbit, and fox on designated areas of the 
refuge subject to the following conditions:
    (i) We allow hunting of upland game birds on the day following the 
close of the State firearm deer season through the end of the regular 
upland bird season.
    (ii) We allow hunting of cottontail rabbit and fox on the day 
following the close of the State firearm deer season through March 31.
    (3) Big game hunting. We allow deer hunting on designated areas of 
the refuge subject to the following conditions:
    (i) We prohibit entering the refuge before legal shooting hours on 
the

[[Page 458]]

opening day of firearms deer season. We require all hunters to be off 
the refuge 1\1/2\ hours after legal sunset.
    (ii) We allow deer hunting on the refuge during the State youth deer 
season.
    (iii) After harvesting a deer, firearm deer hunters must wear blaze 
orange on the refuge.
    (iv) 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.
    (v) We allow temporary tree stands, blinds, and game cameras for 
daily use; you must remove them by the end of each day's hunt (see Sec.
27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow boats at idle speed only on Arrowwood Lake and Jim Lake 
from May 1 to September 30 of each year.
    (ii) We allow ice fishing and dark house spearfishing. We allow 
snowmobiles, all-terrain vehicles (ATVs), utility terrain vehicles 
(UTVs), motor vehicles, and fish houses on the ice as conditions allow.
    (iii) You may use and leave fish houses on the ice overnight until 
March 15.
    (d) Arrowwood Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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 at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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).
    (e) Audubon National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of ring-necked pheasant, 
gray partridge, and sharp-tailed grouse on designated areas of the 
refuge subject to the following conditions:
    (i) We open to upland game hunting annually on the day following the 
close of the regular deer gun season, and we close as governed by the 
State season.
    (ii) We allow game retrieval without a firearm up to 100 yards (90 
meters) inside the refuge boundary fence and closed areas of the refuge. 
Retrieval time may not exceed 10 minutes. You may use dogs to assist in 
retrieval.
    (3) Big game hunting. We allow hunting of white-tailed and mule deer 
on designated areas of the refuge subject to the following conditions:
    (i) We close the refuge to hunting during the State's special youth 
deer hunting season.
    (ii) Hunters may use designated refuge roads to retrieve downed 
deer.
    (iii) We allow only portable tree stands. You must remove all tree 
stands at the end of each day's hunt (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (4) Sport fishing. We allow ice fishing on designated areas of the 
refuge.
    (f) Audubon Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).

[[Page 459]]

    (g) Bone Hill National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (h) Brumba National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (i) Buffalo Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (j) Camp Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (k) Canefield Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (l) Chase Lake National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow deer hunting on designated areas of 
the refuge.
    (4) [Reserved]
    (m) Chase Lake Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district subject to the following conditions: 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).

[[Page 460]]

    (n) Cottonwood Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (o) Crosby Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (p) Dakota Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (q) Des Lacs National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of fox, sharp-tailed 
grouse, Hungarian partridge, turkey, and ring-necked pheasant on 
designated areas of the refuge subject to the following conditions:
    (i) We open for upland game bird hunting on the day following the 
close of the regular deer gun season through the end of the State 
season.
    (ii) We allow the use of hunting dogs for retrieval of upland game.
    (iii) We allow fox hunting from the day following the regular 
firearm deer season until March 31.
    (iv) We prohibit accessing refuge lands from refuge waters.
    (3) Big game hunting. We allow deer and moose hunting on designated 
areas of the refuge subject to the following conditions:
    (i) We only allow the use of portable tree stands and ground blinds. 
We prohibit leaving stands and blinds overnight on the refuge (see Sec.
27.93 of this chapter).
    (ii) We prohibit entry to the refuge before 12 p.m. (noon) on the 
first day of the respective bow, gun, or muzzleloader deer hunting 
seasons.
    (iii) The condition set forth at paragraph (q)(2)(iv) of this 
section applies.
    (4) [Reserved]
    (r) Devils Lake Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district 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's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district subject to the following

[[Page 461]]

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's hunt (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (s) Half Way Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (t) Hiddenwood Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (u) Hobart Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (v) Hutchinson Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (w) J. Clark Salyer National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of goose, duck, and coot on designated 
areas of the refuge subject to the following condition: We allow the use 
of dogs for hunting and retrieving game birds.
    (2) Upland game hunting. We allow hunting of ruffed and sharp-tailed 
grouse, Hungarian partridge, turkey, ring-necked pheasant, and fox on 
designated areas of the refuge subject to the following conditions:
    (i) We open the refuge to hunting for sharp-tailed grouse, Hungarian 
partridge, and ring-necked pheasant north of the Willow-Upham road on 
the day following the close of the regular firearm deer season.
    (ii) We open the refuge to fox hunting on the day following the 
close of the regular firearm deer season. Fox hunting on the refuge 
closes March 31.
    (iii) Hunters may possess only approved nontoxic shot (see Sec.
32.2(k)) for all upland game hunting, including turkey.
    (3) Big game hunting. We allow hunting of deer and moose on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a refuge permit to hunt antlered deer 
on the refuge outside the nine public

[[Page 462]]

hunting areas during the regular firearms season.
    (ii) We prohibit entry to the refuge before 12 p.m. (noon) on the 
first day of the respective bow, gun, or muzzleloader deer hunting 
seasons. You may access refuge roads open to the public before 12 p.m. 
(noon).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow boat fishing from May 1 through September 30.
    (ii) We allow ice fishing and dark house spearfishing. We allow 
snowmobiles, all-terrain vehicles (ATVs), utility terrain vehicles 
(UTVs), motor vehicles, and fish houses on the ice as conditions allow.
    (x) J. Clark Salyer Wetland Management District--(1) Migratory game 
bird hunting. We allow migratory game bird hunting on designated areas 
of the district 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's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (y) Johnson Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (z) Kulm Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (aa) Lake Alice National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
refuge subject to the following conditions:
    (i) We allow motorized boats only during the migratory game bird 
hunting season; however, motors must not exceed 10 horsepower.
    (ii) 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's hunt (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (2) 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.
    (3) Big game hunting. We allow deer and fox hunting on designated 
areas of the refuge subject to the following conditions:
    (i) We prohibit trapping.
    (ii) We allow portable tree stands. Hunters must remove tree stands 
from the refuge by the end of each day's hunt (see Sec.27.93 of this 
chapter).

[[Page 463]]

    (4) Sport fishing. We allow ice fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow vehicles and fish houses on the ice as conditions 
allow.
    (ii) We allow public access for ice fishing from 5 a.m. to 10 p.m.
    (iii) You must remove ice fishing shelters and personal property 
from the refuge by 10 p.m. each day (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (bb) Lake George National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (cc) Lake Ilo National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We open the lake to fishing from 5 a.m. to 10 p.m. year round.
    (ii) We open the refuge to ice fishing from October 1 through March 
31.
    (dd) Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (ee) Lake Nettie National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed and mule deer 
on designated areas of the refuge subject to the following conditions:
    (i) We allow only portable tree stands.
    (ii) Hunters must remove tree stands from the refuge at the end of 
each day's hunt (see Sec.27.93 of this chapter).
    (4) [Reserved]
    (ff) Lake Otis National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (gg) Lake Patricia National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (hh) Lake Zahl National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of sharp-tailed grouse, 
Hungarian partridge, and ring-necked pheasant on designated areas of the 
refuge subject to the following conditions:
    (i) We open to upland game bird hunting on the day following the 
close of the regular deer gun season through the end of the State 
season.
    (ii) We allow the use of hunting dogs to retrieve upland game.

[[Page 464]]

    (3) Big game hunting. We allow deer hunting on designated areas of 
the refuge subject to the following conditions:
    (i) You may only use portable tree stands and ground blinds. We 
prohibit leaving stands and blinds overnight (see Sec.27.93 of this 
chapter).
    (ii) We prohibit entry to the refuge before 12 p.m. (noon) on the 
first day of the respective archery, gun, or muzzleloader deer hunting 
season.
    (4) [Reserved]
    (ii) Lambs Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (jj) Little Goose Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (kk) Long Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of ring-necked pheasant, 
sharp-tailed grouse, and grey partridge on designated areas of the 
refuge subject to the following condition: We open to upland game bird 
hunting annually on the day following the close of the firearm deer 
season through the close of the State season.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We only allow fishing from 
legal sunrise to legal sunset.
    (ll) Long Lake Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (mm) Lords Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (nn) Lost Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.

[[Page 465]]

    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (oo) Lostwood National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of sharp-tailed grouse, 
Hungarian partridge, and ring-necked pheasant on designated areas of the 
refuge subject to the following condition: We allow the use of dogs to 
retrieve upland game.
    (3) Big game hunting. We allow deer and moose hunting on designated 
areas of the refuge subject to the following condition: We prohibit 
entry to the refuge before 12 p.m. (noon) on the first day of the 
respective archery, gun, or muzzleloader deer hunting season.
    (4) [Reserved]
    (pp) Lostwood Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (qq) Maple River National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (rr) Pleasant Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (ss) Pretty Rock National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (tt) Rabb Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject

[[Page 466]]

to the following condition: Access is controlled by the individual 
landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (uu) Rock Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (vv) Rose Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (ww) School Section National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (xx) Sheyenne Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: Access is controlled by the 
individual landowner.
    (yy) Sibley Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (zz) Silver Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (aaa) Slade National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge.
    (4) [Reserved]

[[Page 467]]

    (bbb) Snyder Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (ccc) Springwater National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (ddd) Stewart Lake National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow ice or shore fishing on designated areas 
of the refuge.
    (eee) Stoney Slough National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (fff) Storm Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (ggg) Sunburst Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (hhh) Tewaukon National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow ring-necked pheasant hunting on 
designated areas of the refuge subject to the following condition: We 
open for upland game hunting on the first Monday following the close of 
the State deer gun season through the close of the State pheasant 
season.
    (3) Big game hunting. We allow deer hunting on designated areas of 
the refuge subject to the following conditions:
    (i) We allow deer bow hunting on designated areas of the refuge as 
governed by State regulations.
    (ii) The deer bow hunting season closes September 30, reopens the 
Friday following the close of the State gun deer season, and continues 
through the end of the State archery deer season.

[[Page 468]]

    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (iii) Tewaukon Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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).
    (jjj) Tomahawk National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (kkk) Upper Souris National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of wild turkey, sharp-
tailed grouse, Hungarian partridge, and pheasant on designated areas of 
the refuge subject to the following conditions:
    (i) We allow the use of dogs for hunting and retrieving of upland 
game birds with the exception of wild turkey.
    (ii) We allow hunters on the refuge from 5 a.m. until 10 p.m.
    (3) Big game hunting. We allow deer and moose hunting on designated 
areas of the refuge subject to the following conditions:
    (i) We only allow the use of portable tree stands and ground blinds. 
You must remove stands and blinds from the refuge at the end of each 
day's hunt (see Sec.27.93 of this chapter).
    (ii) The condition set forth at paragraph (kkk)(2)(ii) of this 
section applies.
    (iii) We prohibit entry to the refuge before 12 p.m. (noon) on the 
first day of the respective bow, gun, or muzzleloader deer hunting 
seasons.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow the use of fishing boats, canoes, kayaks, and float 
tubes in designated boat fishing areas from Lake Darling Dam north to 
State Highway 28 (Greene) crossing for fishing from May 1 through 
September 30.
    (ii) We allow fishing from nonmotorized vessels only on the Beaver 
Lodge Canoe Trail from May 1 through September 30.
    (iii) We allow boating and fishing from vessels on the Souris River 
from Mouse River Park to the north boundary of the refuge from May 1 
through September 30.
    (iv) We allow snowmobiles, all-terrain vehicles (ATVs), utility 
terrain vehicles (UTVs), motor vehicles, and fish houses on the ice as 
conditions allow from Lake Darling Dam north to Carter Dam (Dam 41) for 
ice fishing.
    (v) We allow you to place fish houses overnight on the ice of Lake 
Darling as governed by State regulations.
    (vi) 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, but anglers must remove the fish houses from the refuge at the 
end of each day's fishing activity (see Sec.27.93 of this chapter).
    (vii) We allow anglers on the refuge from 5 a.m. until 10 p.m.
    (lll) Wild Rice National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species

[[Page 469]]

subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (mmm) Willow Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (nnn) Wintering River National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.
    (ooo) Wood Lake National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of all State-defined 
species subject to the following condition: Access is controlled by the 
individual landowner.
    (3) Big game hunting. We allow hunting of all State-defined species 
subject to the following condition: Access is controlled by the 
individual landowner.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Access is controlled by the individual landowner.
    (ii) We prohibit boats during the regular North Dakota waterfowl 
season.

[85 FR 54130, Aug. 31, 2020]



Sec.32.54  Ohio.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Cedar Point National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow white-tailed deer hunting on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a State-issued permit. All hunters 
must check in and out at the refuge check station. We require hunters to 
check out with the State-issued Harvest Card no later than 2 hours after 
the conclusion of their controlled hunt.
    (ii) We prohibit hunting or shooting within 150 feet (45.7 meters) 
of any structure, building, or parking lot.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset.
    (ii) We prohibit the taking of turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (iii) You must remove all boats, ice fishing structures, devices, 
and personal property from the refuge each day (see Sec.27.93 of this 
chapter).
    (b) Ottawa National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, rail, gallinule, coot, dove, 
woodcock, crow, and snipe on designated areas of the refuge subject to 
the following conditions:
    (i) On controlled waterfowl hunt units, we allow hunting of goose, 
duck, and coot as governed by with State regulations and subject to the 
following conditions:

[[Page 470]]

    (A) You must stop hunting at 12 p.m. (noon) each day.
    (B) You may possess no more than 25 shot shells.
    (ii) On public hunting units, we allow hunting of duck, goose, rail, 
gallinule, coot, dove, woodcock, and snipe subject to the following 
conditions:
    (A) We allow refuge access from 1\1/2\ hours prior to the State-
listed morning shooting time and 1 hour after the State-listed evening 
shooting time.
    (B) We allow the use of dogs when hunting, provided the dog is under 
the immediate control of the hunter at all times.
    (C) We allow nonmotorized boats in areas open to waterfowl hunting 
during the waterfowl hunting seasons with the following exception: We 
allow motorized boats in the Metzger Marsh and Two Rivers units.
    (2) Upland game hunting. We allow hunting of pheasant, squirrel, 
rabbit, fox, raccoon, skunk, opossum, groundhog, and coyote on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(ii)(A) and (B) of 
this section apply.
    (ii) We prohibit the use of buckshot for any hunting on the refuge.
    (iii) We prohibit hunting or shooting within 150 feet (45.7 meters) 
of any structure, building, or parking lot.
    (iv) For hunting, you may use or possess only approved nontoxic shot 
shells (see Sec.32.2(k)) while in the field.
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) On controlled deer hunt units, we allow hunting of white-tailed 
deer only as governed by State regulations and subject to the following 
conditions:
    (A) We require hunters to possess and carry a State-issued permit. 
You must check in and out at the refuge check station using the State-
issued Harvest Card no later than 2 hours after the conclusion of your 
hunt.
    (B) We prohibit hunting or shooting within 150 feet (45.7 meters) of 
any structure, building, or parking lot.
    (ii) We allow hunting of white-tailed deer and turkey on designated 
public hunting units of the refuge as governed by State regulations and 
subject to the following conditions:
    (A) The conditions set forth at paragraphs (b)(1)(ii)(A) and 
(b)(2)(ii) of this section apply.
    (B) We allow only portable deer stands for hunting. We allow only 
one tree stand per hunter per refuge unit. We allow placement of tree 
stands after September 1, and require hunters to remove tree stands by 
March 1 of each year (see Sec.27.93 of this chapter). We require deer 
stands to be labeled with the hunter's Ohio customer identification 
number, which is on the hunting license.
    (C) The condition set forth at paragraph (b)(2)(iv) applies while 
turkey hunting.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset.
    (ii) We prohibit the taking of any turtle, frog, leech, minnow, 
crayfish, and mussel (clam) species by any method on the refuge (see 
Sec.27.21 of this chapter).
    (iii) You must remove all boats, ice fishing structures, devices, 
and personal property from the refuge each day (see Sec.27.93 of this 
chapter).

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54137, Aug. 31, 2020]



Sec.32.55  Oklahoma.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Deep Fork National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, dark geese, merganser, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a signed refuge hunt tearsheet 
(signed brochure).
    (ii) We allow waterfowl hunting on Fridays, Saturdays, Sundays, and 
Mondays, from \1/2\ hour before legal sunrise until 1 p.m.
    (iii) You may only use portable blinds or blinds constructed of 
natural dead vegetation. You must remove

[[Page 471]]

blinds, decoys, stands, and all personal equipment at the end of each 
day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow hunting of fox and gray squirrel, 
swamp and cottontail rabbit, and raccoon on designated areas of the 
refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (iii) of 
this section apply.
    (ii) We allow shotguns, .22- and .17-caliber rimfire rifles, and 
pistols for rabbit and squirrel hunting.
    (iii) For raccoon hunting only, we allow hunting from legal sunset 
to legal sunrise only.
    (iv) We allow the use of dogs when hunting squirrel, rabbit, and 
raccoon.
    (3) Big game hunting. We allow hunting of white-tailed deer, wild 
turkey, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess and carry a signed refuge tearsheet (signed 
brochure) for the archery deer hunt. Hunters must turn in a Big Game 
Harvest Report (FWS Form 3-2359) by December 31 annually. Failure to 
submit the report will render the hunter ineligible for the next year's 
limited season archery deer hunt.
    (ii) We will offer a limited season archery deer hunt following the 
controlled deer hunt.
    (iii) You may hunt feral hog during any established refuge hunting 
season.
    (iv) Hunters may place no more than one stand on the refuge. You may 
place stands starting on the day the hunt begins. You must remove stands 
the day the hunt ends (see Sec.27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing in designated areas of the 
refuge subject to the following conditions:
    (i) We allow year-round fishing on the Deep Fork River and at the 
Montezuma Creek Fishing Area. We allow fishing on all other sloughs, 
farm ponds, and impoundments not connected to the River from March 1 
through October 31.
    (ii) We allow bowfishing on the refuge from legal sunrise to legal 
sunset from March 1 to September 30.
    (iii) We prohibit snagging and netting.
    (iv) We allow the use of trotlines, juglines, limblines, and yo-yos 
only in the Deep Fork River; we prohibit their use in any other areas on 
the refuge.
    (b) Little River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck on designated areas of the refuge 
subject to the following conditions:
    (i) You may only use portable blinds. You must remove blinds, 
decoys, and all personal equipment from the refuge at the end of each 
day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (ii) You may hunt from \1/2\ hour before legal sunrise until 12 p.m. 
(noon) each day.
    (iii) You must possess and carry a signed refuge tearsheet (signed 
brochure) while hunting.
    (iv) We close the refuge to duck hunting during controlled deer 
hunts.
    (2) Upland game hunting. We allow hunting of gray and fox squirrel, 
eastern cottontail and swamp rabbit, beaver, coyote, and raccoon on 
designated areas of the refuge subject to the following conditions:
    (i) We open squirrel season from May 15 through the Friday before 
the State deer muzzleloader season. We reopen squirrel season on the 
Monday after the last refuge controlled deer hunt through January 31.
    (ii) We open rabbit season from October 1 through the Friday before 
the State deer muzzleloader season. We reopen rabbit season on the 
Monday after the last refuge controlled deer hunt through January 31.
    (iii) You may take take beaver, raccoon, and coyote as incidental 
take to any daytime established refuge hunt with legal weapons and a 
signed hunt tearsheet for the current hunt season.
    (iv) Hunters may only hunt upland game during designated refuge 
seasons.
    (v) We allow the use of dogs when hunting squirrel, rabbit, and 
raccoon.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
and feral hog on designated areas of the refuge subject to the following 
conditions:

[[Page 472]]

    (i) We open the deer archery season from October 1 through the 
Friday before the State deer muzzleloader season. We reopen deer season 
on the Monday after the last refuge controlled deer hunt through January 
15.
    (ii) We open the deer gun season during the months of October and 
November. Hunters must pay a fee and obtain a controlled hunt permit 
through the State.
    (iii) We open the turkey archery season from October 1 through the 
Friday before the State deer muzzleloader season. We reopen turkey 
season on the Monday after the last refuge controlled deer hunt through 
January 15.
    (iv) We open the turkey gun season during the month of April. 
Hunters must pay a fee and obtain a controlled hunt permit through the 
State.
    (v) Shotgun hunters may only possess approved nontoxic shot (see 
Sec.32.2(k)) while in the field while hunting turkey.
    (vi) You may hunt feral hog during any established refuge hunting 
season. Refuge signed tearsheet (signed brochure) and legal weapons 
apply for the current hunting season.
    (vii) Hunters may only hunt big game during designated refuge 
seasons.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (c) Optima National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning dove on designated areas of the 
refuge.
    (2) Upland game hunting. We allow hunting of ring-necked pheasant, 
bobwhite and scaled quail, cottontail rabbit, and jackrabbit on the 
refuge subject to the following condition: We allow only shotguns for 
upland game hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer, mule 
deer, and turkey on the refuge subject to the following conditions:
    (i) We allow archery and shotguns during spring turkey season.
    (ii) We allow only archery hunting during fall seasons.
    (4) [Reserved]
    (d) Ozark Plateau National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of cottontail rabbit and 
gray and fox squirrel on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess and carry a signed refuge tearsheet (signed 
brochure).
    (ii) We prohibit falconry.
    (iii) The only allowed methods of take are shotguns, .17 or .22 
rimfire rifle, and archery equipment as governed by State regulations.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hogs on designated portions of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (d)(2)(i) of this section 
applies.
    (ii) We only allow the use of archery equipment.
    (iii) We allow the use of portable deer stands only. You must remove 
stand(s) from the refuge within 2 days of the last day of the season 
(see Sec.27.93 of this chapter).
    (iv) We allow the incidental take of feral hogs during the deer, 
rabbit, and squirrel hunting seasons.
    (4) [Reserved]
    (e) Salt Plains National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, American coot, sandhill crane, 
mourning dove, white-winged dove, Eurasian collared dove, and rock dove 
on designated areas of the refuge subject to the following conditions:
    (i) We allow hunting from \1/2\ hour before legal sunrise until 12 
p.m. (noon).
    (ii) We open public hunting areas to all access 2 hours prior to 
legal shooting time, and close those areas at 12 p.m. (noon).
    (2) Upland game hunting. We allow hunting of northern bobwhite quail 
and ring-necked pheasant on designated areas of the refuge subject to 
the following condition: The conditions set forth at paragraphs 
(e)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer, wild 
turkey, American beaver, and feral hog on designated areas of the refuge 
subject to the following conditions:
    (i) We require a limited hunt permit (State-issued) for controlled 
hunts for deer and spring wild turkey hunts.
    (ii) White-tailed deer and wild turkey hunters may place no more 
than one stand/blind on the refuge. You may

[[Page 473]]

place stands starting on the day the hunt begins. You must remove stands 
the day the hunt ends (see Sec.27.93 of this chapter).
    (iii) White-tailed deer and wild turkey hunters must check-in and 
out at a refuge check station. Refuge staff provide a hunter briefing as 
part of check-in.
    (iv) You may take feral hogs and American beaver only as incidental 
game during a controlled hunt, open upland game season, or open 
migratory game bird season using a State-approved method of take for 
that season.
    (v) Wild turkey hunters must use and only possess approved nontoxic 
shot (see Sec.32.2(k)).
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from April 1 through October 15.
    (ii) We prohibit the use of netting, seines, cast nets, trawls, dip 
nets, and traps.
    (iii) Posts used to secure or anchor trotlines must reach a minimum 
of 2 feet (30 centimeters) above the water surface, and you must mark 
them to make them clearly visible to boaters. You must remove posts when 
they are not in use (see Sec.27.93 of this chapter).
    (iv) We only allow youth and persons with disabilities to fish on 
Bonham Pond subject to the following conditions:
    (A) We open to fishing from legal sunrise to legal sunset.
    (B) We limit anglers to one pole per person.
    (C) We restrict Bonham Pond to catch-and-release fishing only.
    (f) Sequoyah National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, mourning dove, American coot, 
snipe, and woodcock on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess and carry a signed refuge hunt tearsheet 
(signed brochure).
    (ii) We open the refuge to hunting only on Saturdays, Sundays, 
Mondays, and Tuesdays. We prohibit hunters from entering the land 
portion of the Sandtown Bottom Unit or any portion of Sally Jones Lake 
before 5 a.m. Hunters must leave the area by 1 hour after legal sunset.
    (iii) We prohibit hunting or shooting within 50 feet (15 meters) of 
designated roads or parking areas.
    (iv) Season lengths and bag limits will be governed by 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, State regulations 
apply with the exception of special hunting days.
    (v) You must remove stands, blinds, boats, and other personal 
property from the refuge at the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (vi) We prohibit hunters from using refuge boat ramps to access 
hunting areas outside the refuge boundary:
    (A) On days when we close the refuge to hunting for certain species; 
and/or
    (B) When hunting species that we do not allow to be hunted on the 
refuge.
    (vii) We restrict the use of airboats within the refuge boundary to 
the navigation channel and the designated hunting areas from September 1 
through March 31.
    (2) Upland game hunting. We allow hunting of eastern gray and fox 
squirrel and swamp and eastern cottontail rabbit on designated areas of 
the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i) through (iii) 
and (v) through (vii) of this section apply.
    (ii) Season lengths and bag limits will be governed by State 
regulations with the exception that all upland game hunting will close 
on January 31 of each year.
    (iii) We only allow legal shotguns, and .22 and .17 rimfire rifles, 
for hunting upland game. You must plug hunting shotguns so that they are 
incapable of holding more than three shells.
    (iv) The east portion of the Sandtown Bottom Unit and the portion of 
Robert S. Kerr Reservoir, from Tuff boat ramp to the confluence of Vian 
Creek, are designated as a waterfowl sanctuary that we close to all 
entry, except for the designated hiking trail, from September 1 through 
March 31. The closed area is marked with signs and buoys.

[[Page 474]]

    (3) Big game hunting. We allow hunting of white-tailed deer, wild 
turkey, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(i) through (iii) 
and (v) through (vii) of this section apply.
    (ii) We require a limited hunt permit (State-issued) for controlled 
hunts for archery deer, and for spring wild turkey hunts.
    (iii) Hunters must apply to the State-controlled deer hunt drawing 
administered by the Oklahoma Department of Wildlife Conservation for 
selection. You must attend a pre-hunt briefing.
    (iv) Incidental take of feral hogs may occur during deer, wild 
turkey, rabbit, and squirrel hunting seasons.
    (4) Sport fishing. We allow fishing and frogging on designated areas 
of the refuge subject to the following conditions:
    (i) We prohibit fishing or frogging from September 1 through March 
31 in the closed zone south of refuge headquarters, as designated by 
buoys and signs.
    (ii) You must remove trotlines from the closed zone before September 
1 (see Sec.27.93 of this chapter).
    (iii) The conditions set forth at paragraphs (f)(1)(v) and (vii) of 
this section apply.
    (g) Tishomingo National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow the hunting of duck, teal, light geese, dark geese, 
snipe, gallinule, American coot, and merganser on designated areas of 
the refuge subject to the following conditions:
    (i) We allow the hunting of migratory birds every day, but waterfowl 
hunters must be off the unit by 1 p.m.
    (ii) Hunters must possess and carry a signed hunt tearsheet (signed 
brochure).
    (iii) We require the hunters to self-check-in and self-check-out.
    (iv) We allow only shotguns for hunting.
    (v) We prohibit falconry.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The condition set forth at paragraph (g)(1)(ii) of this section 
applies.
    (ii) We require State-controlled deer hunt drawing hunters to attend 
a pre-hunt briefing.
    (iii) You may hunt feral hog during any established refuge hunting 
season, using the weapon authorized for that particular hunt.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Anglers may bank and wade fish with pole and line or rod and 
reel year-round.
    (ii) Anglers may use boats from March 1 through September 30 in 
designated waters unless otherwise specified on the fishing tearsheet.
    (iii) Anglers may ``no-wake'' boat fish during the boating season 
with line and pole or rod and reel, except in areas designated as 
sanctuary zones.
    (iv) Anglers may use trotlines and other set tackle only in the 
Cumberland Pool (designated areas), Rock Creek, and between the natural 
banks of the Washita River. Anglers may only use set tackle with 
anchored floats.
    (v) We prohibit use of limblines, throwlines, juglines, and yo-yos.
    (vi) We prohibit use of any containers (jugs, bottles) as floats.
    (vii) Anglers may fish after legal sunset from a boat (during 
boating season) in the Cumberland Pool, except in the sanctuary zones. 
Anglers may fish after legal sunset at the headquarters boat ramp area, 
Goose Pen Pond, Sandy Creek Bridge, Murray 23, and Nida Point.
    (viii) We allow bowfishing in Pennington Creek and the Washita River 
during daylight hours.
    (ix) We prohibit the take of fish by use of hands (noodling).
    (x) We prohibit the take of frog, turtle, or mussel (see Sec.27.21 
of this chapter).
    (h) Tishomingo Wildlife Management Unit--(1) Migratory game bird 
hunting. We allow hunting of mourning dove and waterfowl on the 
Tishomingo Wildlife Management Unit of Tishomingo National Wildlife 
Refuge.
    (2) Upland game hunting. We allow hunting of quail, squirrel, 
turkey, and rabbit on the Tishomingo Wildlife Management Unit of 
Tishomingo National Wildlife Refuge.

[[Page 475]]

    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on the Tishomingo Wildlife Management Unit of Tishomingo National 
Wildlife Refuge.
    (4) Sport fishing. We allow sport fishing on the Tishomingo Wildlife 
Management Unit of Tishomingo National Wildlife Refuge.
    (i) Washita National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, merganser, sandhill crane, 
mourning, white-winged, and Eurasian collared-dove on designated areas 
of the refuge subject to the following conditions:
    (i) We require hunters to carry a signed tearsheet (signed brochure) 
while hunting duck, goose, merganser, and sandhill crane.
    (ii) Duck, goose, merganser, and sandhill crane hunters must hunt 
only in designated fields on specified days at specified hours.
    (iii) We prohibit bringing natural vegetation from outside the 
refuge onto the refuge to construct temporary blinds. You must remove 
temporary blinds, decoys, and other hunting equipment from the refuge at 
the end of each hunt day (see Sec.27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of bobwhite quail, 
cottontail rabbit, and black-tailed jackrabbit on designated areas of 
the refuge.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and Rio Grande wild turkey on designated areas of the refuge 
subject to the following conditions:
    (i) We allow deer and feral hog hunting during the special refuge 
season. We will hold turkey hunts during the State spring turkey season.
    (ii) You must check in and out of hunt areas daily at the refuge 
office or check station.
    (iii) You must take bagged deer, hog, and/or turkey to the refuge 
check station.
    (iv) We will determine bag limits on deer and turkey annually.
    (v) We prohibit using handguns for hunting.
    (4) Sport fishing. We allow fishing in designated areas of the 
refuge subject to the following conditions:
    (i) Anglers may fish from March 15 through October 14 in the Washita 
River and Foss Reservoir.
    (ii) Anglers may bank fish year-round in the Washita River and Foss 
Reservoir from open areas.
    (j) Wichita Mountains National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of duck, goose, merganser, and coot on 
designated portions of the refuge subject to the following conditions:
    (i) Hunters must possess a current signed refuge hunting tearsheet 
(signed brochure) while hunting on the refuge.
    (ii) We prohibit waterfowl hunting during the refuge controlled elk 
and deer hunts.
    (iii) We allow waterfowl hunting from \1/2\ hour before legal 
sunrise until 1 p.m.
    (iv) We allow the use of hunting dogs only for waterfowl hunting.
    (v) You may only build blinds constructed of natural vegetation 
materials from the refuge.
    (vi) Hunters must remove decoys and blinds from the refuge at the 
end of each day's hunt (see Sec.27.93 of this chapter).
    (vii) We prohibit jump shooting.
    (viii) We prohibit hunting within 400 feet (122 meters) of any paved 
road, parking area, or building/dwelling.
    (ix) We prohibit shooting from or across any designated trail, road, 
or parking area.
    (x) We prohibit the use of motorized decoys in portions of the 
refuge designated as wilderness area.
    (xi) We prohibit the use of game carts or other mechanical 
transportation devices on portions of the refuge designated as 
wilderness area.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of elk, turkey, and white-
tailed deer on designated areas of the refuge subject to the following 
conditions:
    (i) We allow elk, deer, and turkey hunting only during the State-
controlled hunt program.
    (ii) We allow only five (5) rounds of ammunition per day during 
controlled elk and white-tailed deer hunts.
    (iii) We allow elk and deer hunting with centerfire rifles only; the 
minimum calibers are .243 for deer and .270 caliber for elk.

[[Page 476]]

    (iv) You must possess only approved nontoxic shot (see Sec.
32.2(k)) while in the field while hunting turkey.
    (v) You must check all harvested elk and deer through the refuge 
check station, and attach a metal transportation tag, before leaving 
refuge property.
    (vi) We only allow use of archery equipment and shotgun or 
muzzleloader with a shot size of 2 or smaller for turkey hunting. We 
prohibit crossbows.
    (vii) You may take feral hogs and coyote only during controlled 
hunts with weapons approved for that hunt.
    (viii) The conditions set forth at paragraphs (j)(1)(viii) and (xi) 
of this section apply.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) You may take fish only with pole and line or rod and reel.
    (ii) We prohibit taking of frogs and turtles (see Sec.27.21 of 
this chapter).
    (iii) Anglers may use motorized boats on Elmer Thomas Lake; however, 
we enforce a no-wake rule on the lake.
    (iv) We allow fishing after legal sunset on the refuge, but we 
prohibit all other boating after legal sunset.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54137, Aug. 31, 2020]



Sec.32.56  Oregon.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bandon Marsh National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following conditions:
    (i) We allow hunting of goose, duck, coot, and snipe 7 days per week 
on that portion of the refuge west of U.S. Highway 101 and outside the 
Bandon city limits.
    (ii) On the Ni-les'tun Unit of the refuge, we allow hunting of 
goose, duck, and coot only on Wednesdays, Saturdays, and Sundays.
    (iii) You must remove all blinds, decoys, shotshell hulls, and other 
personal equipment and refuse from the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iv) Hunters accessing the Ni-les'tun Unit via boat must secure or 
anchor boats and use established boat launch areas. Hunters may park 
boats within the marsh while they hunt, but we require boats landing on 
the bank of the Coquille River within the Ni-les'tun Unit to park within 
a designated location.
    (v) Hunters may enter the refuge no earlier than 2 hours before 
legal sunrise and must exit the refuge no later than 1 hour after legal 
sunset.
    (vi) Hunters may use dogs as an aid to retrieving waterfowl during 
the hunting season.
    (vii) You may enter posted retrieval zones while retrieving downed 
birds and when traveling to and from the hunting areas. We prohibit 
discharging firearms while in a retrieval zone.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (b) Baskett Slough National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck and goose on designated areas of the 
refuge subject to the following conditions:
    (i) We allow only hunters age 17 and younger to participate in the 
youth waterfowl hunt. Youths must be accompanied by an adult age 21 or 
older.
    (ii) We require youth hunters to obtain a refuge waterfowl hunting 
permit (Waterfowl Lottery Application, FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System). All youth hunting 
waterfowl must do so from designated blinds.
    (iii) You must remove blinds, decoys, and other personal property at 
the end of each day's hunt (see Sec.27.93 of this chapter).
    (iv) We allow the use of dogs when hunting.
    (v) We require waterfowl and goose permit hunters to check in and 
out at the Hunter Check Station (refuge office), which is open from 1\1/
2\ hours before legal hunting hours to 8 a.m. and from 11 a.m. to 1 p.m. 
We prohibit hunting after 12 p.m. (noon).
    (vi) We require goose hunters to space themselves no less than 200 
yards (183 meters) apart from each other during the early September 
goose hunt.

[[Page 477]]

    (2)-(4) [Reserved]
    (c) Bear Valley National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) Hunting opens concurrent with the State season and closes 
October 31.
    (ii) We prohibit hunting or public entry of any kind from November 1 
to the State-regulated opening day of deer season in the hunting unit.
    (iii) We allow walk-in access only from designated entry points.
    (4) [Reserved]
    (d) Cold Springs National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, dove, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters (m)) of any maintained building or Federal facility, such as, but 
not limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) We allow hunting only on Tuesdays, Thursdays, Saturdays, 
Sundays, and all federally recognized holidays within the State season, 
with the exception of dove. We only allow hunting for all dove species 
within the State mourning dove season.
    (iii) On the Memorial Marsh Unit:
    (A) We allow waterfowl hunting only from numbered field blind sites. 
We allow a maximum of four persons per blind site.
    (B) Waterfowl hunters must remain within 100 feet (30 m) of the 
numbered field blind post unless retrieving birds or setting decoys.
    (iv) Hunters must remove all decoys and other equipment (see Sec.
27.93 of this chapter) at the end of each day's hunt.
    (2) Upland game hunting. We allow hunting of upland game birds on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (d)(1)(i) and (ii) of 
this section apply.
    (ii) We allow hunting from 12 p.m. (noon) to the end of legal 
hunting hours.
    (3) Big game hunting. We allow hunting of elk on designated areas of 
the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (d)(1)(i) of this section 
applies.
    (ii) We only allow hunting with a valid, State-issued emergency hunt 
permit or kill permit.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge.
    (e) Deer Flat National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning dove, goose, duck, coot, and snipe 
on designated areas of the refuge subject to the following condition: We 
allow only portable blinds and temporary blinds constructed of natural 
materials.
    (2) Upland game hunting. We allow hunting of pheasant, quail, and 
partridge on designated areas of the refuge subject to the following 
condition: We prohibit hunting from February 1 through May 31.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following condition: We prohibit shoreline fishing 
on the islands of the Snake River Sector from February 1 through May 31.
    (f) Hart Mountain National Antelope Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) We allow only portable blinds and temporary blinds constructed 
of synthetic or nonliving natural materials.
    (ii) We prohibit digging of pit blinds for waterfowl hunting.
    (2) Upland game hunting. We allow hunting of chukar and California 
quail on designated areas of the refuge.
    (3) Big game hunting. We allow hunting of deer, antelope, and 
bighorn sheep on designated areas of the refuge subject to the following 
conditions:
    (i) We allow only portable blinds and temporary blinds constructed 
of synthetic or nonliving natural materials.
    (ii) 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.
    (iii) You must remove blinds within 24 hours of harvesting an animal 
or at

[[Page 478]]

the end of the permittee's legal season (see Sec.27.93 of this 
chapter).
    (iv) We limit hunters to one blind each, and you must tag blinds 
with the owner's State license or permit number.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge.
    (g) Julia Butler Hansen Refuge for the Columbian White-Tailed Deer--
(1) Migratory game bird hunting. We allow hunting of goose, duck, coot, 
and common snipe on designated areas of the refuge subject to the 
following conditions:
    (i) You must remove all personal property, including decoys and 
boats, by 1 hour after legal sunset (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (ii) We open the refuge for day-use access from 1\1/2\ hours before 
legal sunrise until 1\1/2\ hours after legal sunset.
    (iii) We allow the use of dogs when hunting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (h) Klamath Marsh National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and common snipe on 
designated areas of the refuge subject to the following condition: We 
prohibit the use of air-thrust and inboard water-thrust boats when 
waterfowl hunting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the use of boats 
when sport fishing.
    (i) Lewis and Clark National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of goose, duck, coot, and snipe on the 
designated areas of the refuge subject to the following conditions:
    (i) You must remove all personal property, including decoys and 
boats, by 1 hour after legal sunset (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (ii) We open the refuge for hunting access from 1\1/2\ hours before 
legal sunrise until 1\1/2\ hours after legal sunset.
    (iii) We allow the use of dogs when hunting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (j) Lower Klamath National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and common snipe on 
designated areas of the refuge subject to the following conditions:
    (i) In the controlled waterfowl hunting area, we require a valid 
Refuge Recreation Pass (electronic form) for all hunters age 16 and 
older. All hunters age 15 and younger must remain in the immediate 
presence of an adult (age 18 or older) at all times while in the field.
    (ii) We require advance reservations for the first 2 days of the 
hunting season. You may obtain a reservation through the waterfowl 
lottery (Migratory Bird Hunt Application, FWS form 3-2439, Hunt 
Application--National Wildlife Refuge System) each year.
    (iii) Entry hours for hunters begin at 4:30 a.m. unless otherwise 
posted.
    (iv) We prohibit the setting of decoys in retrieving zones.
    (2) Upland game hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following condition: In the 
controlled pheasant hunting area, we require a valid permit for all 
hunters age 16 and older. All hunters age 15 and younger must remain in 
the immediate presence of an adult (age 18 or older) at all times while 
in the field.
    (3)-(4) [Reserved]
    (k) Malheur National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of dove, goose, duck, merganser, coot, snipe, 
and pigeon on designated areas of the refuge subject to the following 
conditions:
    (i) We allow nonmotorized boats or boats equipped with only electric 
motors on the North and South Malheur Lake Hunt Units.
    (ii) We allow only portable and temporary hunting blinds.
    (iii) You must remove boats, decoys, blinds, materials, and all 
personal property at the end of each day's hunt (see Sec. Sec.27.93 
and 27.94 of this chapter).
    (iv) The South Malheur Lake and Buena Vista Hunt Units open for 
migratory bird hunting on the fourth Saturday of October and close at 
the end of the State waterfowl season.
    (v) You may access the South Malheur Lake Hunt Unit from the

[[Page 479]]

North Malheur Lake Hunt Unit, but no earlier than the fourth Saturday of 
October.
    (2) Upland game hunting. We allow hunting of pheasant, quail, 
partridge, chukar, and rabbit on designated areas of the refuge subject 
to the following conditions:
    (i) We allow hunting of upland game species on designated areas of 
the Blitzen Valley east of Highway 205 from the fourth Saturday in 
October through the end of the State pheasant season.
    (ii) We allow hunting of upland game species on the North Malheur 
Lake Hunt Unit concurrent with the State pheasant season.
    (3) Big game hunting. We allow hunting of deer and pronghorn on 
designated areas of the refuge.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit ice fishing on, and all public access to, any ice 
formations.
    (ii) We allow fishing year-round on Krumbo Reservoir and in the 
Blitzen River, East Canal, and Mud Creek upstream from and including 
Bridge Creek.
    (iii) We allow fishing on the north bank of the Blitzen River from 
Sodhouse Lane downstream to the bridge on the Boat Landing Road between 
August 1 and September 15.
    (iv) We prohibit boats on public fishing areas, except that we allow 
nonmotorized boats and boats equipped with only electric motors on 
Krumbo Reservoir.
    (l) McKay Creek National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, snipe, and dove on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters) of any maintained building or Federal facility, such as, but not 
limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) Hunters must remove all decoys and other equipment from the 
refuge at the end of each day's hunt (see Sec.27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of upland game birds and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (l)(1)(i) of this section 
applies.
    (ii) On the opening weekend of the hunting season, we require all 
hunters to possess and carry a special refuge permit (signed refuge 
brochure).
    (3) Big game hunting. We allow hunting of deer and elk on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (l)(1)(i) and (ii) of 
this section apply.
    (ii) We only allow elk hunting only with a valid, State-issued 
emergency hunt permit or kill permit.
    (iii) We allow deer hunting only with a special, State-issued 
permit.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (m) McNary National Wildlife Refuge. Refer to Sec.32.66(h) for 
regulations.
    (n) Nestucca Bay National Wildlife Refuge-- (1) Migratory game bird 
hunting. We allow hunting of duck, goose, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) Hunters must remove all blinds, decoys, shotshell hulls, and 
other personal equipment and refuse from the refuge at the end of each 
day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (ii) Hunters may enter the refuge no earlier than 2 hours before 
legal sunrise and must exit the refuge no later than 1 hour after legal 
sunset.
    (iii) Hunters may use dogs as an aid to retrieving waterfowl during 
the hunting season.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing and shellfishing on 
designated areas of the refuge.
    (o) Sheldon National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of quail, grouse, and 
partridge on designated areas of the refuge.
    (3) Big game hunting. We allow hunting of deer and antelope on 
designated areas of the refuge.
    (4) [Reserved]
    (p) Siletz Bay National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:

[[Page 480]]

    (i) We allow waterfowl hunting 7 days per week on refuge lands west 
of U.S. Highway 101.
    (ii) On the Millport Slough South Unit, we allow waterfowl hunting 
only on Wednesdays, Saturdays, and Sundays.
    (iii) Hunters must remove all blinds, decoys, shotshell hulls, and 
other personal equipment and refuse from the refuge at the end of each 
day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (iv) Hunters may enter the refuge no earlier than 2 hours before 
legal sunrise and must exit the refuge no later than 1 hour after legal 
sunset.
    (v) Hunters may use dogs as an aid to retrieving waterfowl during 
the hunting season.
    (vi) You may enter posted retrieval zones while retrieving downed 
birds and when traveling to and from the hunting areas. We prohibit 
discharging firearms while in a retrieval zone.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow fishing and clamming on designated areas 
of the refuge only from legal sunrise to legal sunset.
    (q) Tualatin River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow waterfowl hunting on designated areas of the refuge 
subject to the following conditions:
    (i) Youth age 17 and younger may participate as active hunters. An 
adult age 21 or older must accompany and supervise youth hunters. We do 
not allow supervising adults to hunt.
    (ii) We allow a maximum of two youth hunters and two nonhunters per 
hunting blind, for a maximum occupancy of four persons per blind.
    (iii) Disabled youth hunters must possess an Oregon Disabilities 
Hunting and Fishing Permit issued by the Oregon Department of Fish and 
Wildlife (ODFW) to qualify for preference in using the designated 
accessible hunting blind.
    (iv) We open the hunting season on the last weekend of October, as 
conditions allow, through the end of the regular State hunting season. 
We close the refuge for the third-period northwest permit zone goose 
hunt.
    (v) Official hunting start times for game birds are governed by 
State regulations. Hunting ends at 1 p.m. for the entire season.
    (vi) We open the hunt area for access 1\1/2\ hours before legal 
shooting hours.
    (vii) You must remove decoys, other personal property, and trash 
from the refuge at the end of each day's hunt (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (viii) We allow the use of dogs for retrieving waterfowl.
    (ix) All hunters must hunt from designated blinds.
    (x) All hunters must have visible means of retrieving waterfowl such 
as float tube, waders, or a dog capable of retrieving.
    (xi) Hunters must check-in and check-out with a Refuge 
representative and submit a Migratory Bird Hunt Report (FWS Form 3-2361) 
when checking out.
    (2)-(4) [Reserved]
    (r) Umatilla National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, dove, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters) of any maintained building or Federal facility, such as, but not 
limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) Hunters must remove all decoys and other equipment at the end 
of each day's hunt (see Sec.27.93 of this chapter).
    (iii) On the McCormack Unit, we allow hunting subject to the 
following conditions:
    (A) 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.
    (B) We require hunters to stop at the check station to obtain a 
special refuge permit (signed refuge brochure).
    (C) We allow hunting only from assigned areas.
    (2) Upland game hunting. We allow hunting of upland game birds on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (r)(1)(i) and (ii) of 
this section apply.

[[Page 481]]

    (ii) On the McCormack Fee Hunt Unit, we allow hunting subject to the 
following conditions:
    (A) We allow hunting only on Wednesdays, Saturdays, Sundays, 
Thanksgiving Day, and New Year's Day from 12 p.m. (noon) to the end of 
State legal hunting hours.
    (B) We require all hunters to possess and carry a special refuge 
permit (signed refuge brochure).
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (r)(1)(i) of this section 
applies.
    (ii) We allow hunting only with a special, State-issued permit.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge.
    (s) Upper Klamath National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and common snipe on 
designated areas of the refuge.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing in designated areas of the 
refuge.
    (t) Wapato Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) We allow hunting on Tuesdays, Thursdays, and Saturdays during 
the State waterfowl season.
    (ii) The hunt area is open for access 2 hours before and after legal 
shooting hours.
    (iii) All hunters must hunt from designated blinds except to 
retrieve downed birds. We prohibit hunting from levees.
    (iv) We allow a maximum occupancy of four persons per blind.
    (v) Disabled hunters must possess an Oregon Disabilities Hunting and 
Fishing Permit issued by the Oregon Department of Fish and Wildlife to 
qualify for preference in using the ADA Accessibility Guidelines blind 
or Federal Access pass.
    (vi) You must remove decoys, other personal property, and trash 
(including empty shotgun hulls) from the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (vii) We allow the use of dogs for retrieving waterfowl.
    (viii) Hunters must submit a Migratory Bird Hunt Report (FWS Form 3-
2361) at the end of each day's hunt.
    (2)-(4) [Reserved]
    (u) William L. Finley National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow deer and elk hunting on designated 
areas of the refuge subject to the following conditions:
    (i) You may harvest only antlerless elk with appropriate State-
issued tags.
    (ii) We prohibit hunting from any refuge structure, observation 
blind, or boardwalk.
    (iii) We require all hunters to register at a self-service hunt 
kiosk. All hunters must complete a Big Game Harvest Report (FWS Form 3-
2359) at the end of each hunt day.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset.
    (ii) We allow anglers to use only pole and line, or rod and reel. 
Anglers must attend their line.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54137, Aug. 31, 2020]



Sec.32.57  Pennsylvania.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Cherry Valley National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following conditions:
    (i) Hunters must obtain and possess a signed refuge hunt permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System) at all 
times while scouting and hunting on the refuge.
    (ii) Hunters may enter the refuge 2 hours before legal shooting time 
and must leave no later than 2 hours after legal shooting time.
    (iii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of squirrel, grouse, 
rabbit,

[[Page 482]]

pheasant, quail, woodchuck, crow, fox, raccoon, opossum, skunk, weasel, 
coyote, and bobcat on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i), (ii), and 
(iii) of this section apply.
    (ii) We allow hunting from legal sunrise to legal sunset.
    (3) Big game hunting. We allow hunting of white-tailed deer, bear, 
and wild turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (ii) of 
this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on the refuge subject to 
the following conditions:
    (i) The Cherry Creek section located on the former Cherry Valley 
Golf Course is open for catch-and-release fishing. Anglers at this 
location must:
    (A) Obtain a day-use fishing permit (signed brochure). A maximum of 
three anglers per day may share the same permit; and
    (B) Use only artificial lures and barbless hooks to fish.
    (ii) We allow fishing from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    (iii) We allow only nonmotorized or electric-motor boats in 
designated areas.
    (iv) We prohibit the use of eel chutes, eelpots, and fyke nets.
    (v) We prohibit trapping fish for use as bait.
    (vi) We prohibit the take, collection, capture, killing, and 
possession of any reptile or amphibian on the refuge.
    (b) Erie National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of mourning dove, woodcock, rail, Wilson's snipe, 
Canada goose, duck, coot, and crow on designated areas of the refuge 
subject to the following conditions:
    (i) We allow hunting activities on the refuge from September 1 
through the end of February. We allow scouting for those same dates, and 
for the 7 days prior to the start of each season.
    (ii) We allow only nonmotorized boats for waterfowl hunting in 
permitted areas.
    (iii) We prohibit field possession of migratory game birds in areas 
of the refuge closed to migratory game bird hunting.
    (iv) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of ruffed grouse, 
squirrel, rabbit, woodchuck, pheasant, quail, raccoon, fox, coyote, 
skunk, and opossum on designated areas of the refuge subject to the 
following conditions:
    (i) We allow woodchuck hunting on the refuge from September 1 
through the end of February.
    (ii) We prohibit the use of raptors to take small game.
    (iii) The condition set forth at paragraph (b)(1)(iv) of this 
section applies.
    (3) Big game hunting. We allow hunting of deer, bear, and turkey on 
designated areas of the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow nonmotorized watercraft use in Area 5. Watercraft must 
remain in an area from the dike to 3,000 feet (900 meters) upstream.
    (ii) We prohibit the taking of turtle or frog (see Sec.27.21 of 
this chapter).
    (iii) We prohibit the collecting or releasing of baitfish.
    (iv) We prohibit the taking or possession of shellfish on the 
refuge.
    (c) John Heinz National Wildlife Refuge at Tinicum. (1)-(2) 
[Reserved]
    (3) Big game hunting. We allow archery-only hunting of white-tailed 
deer on designated areas of the refuge subject to the following 
condition: Hunters must possess a refuge hunt permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing on the refuge from legal sunrise to legal 
sunset.
    (ii) Anglers may only operate boats, canoes, and floats in tidal 
waters.

[[Page 483]]

    (iii) We prohibit bowfishing or spearfishing on the refuge.
    (iv) We prohibit the take, collection, or capture of any reptile or 
amphibian on the refuge.
    (d) Ohio River Islands National Wildlife Refuge. Refer to Sec.
32.67(b) for regulations.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54137, Aug. 31, 2020]



Sec.32.58  Rhode Island.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Block Island National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, merganser, and coot on designated 
areas of the refuge subject to the following conditions:
    (i) We require hunters to possess and carry a signed refuge hunting 
brochure valid for the current season.
    (ii) We only allow portable or temporary blinds, and decoys must be 
removed from the refuge following each day's hunt (see Sec.27.93 of 
this chapter).
    (iii) We allow the use of dogs consistent with State regulations. 
Dogs must be under direct control of the hunter at all times.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require hunters to possess and carry a signed refuge hunting 
brochure valid for the current season.
    (ii) We only allow portable or temporary stands and blinds that must 
be removed from the refuge on the last day of the deer hunt (see Sec.
27.93 of this chapter). Stands and blinds must be marked with the 
hunter's State hunting license number.
    (4) Sport fishing. We allow saltwater fishing from refuge 
shorelines.
    (b) John H. Chafee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, merganser, and coot on 
designated areas of the refuge subject to the following conditions:
    (i) We require hunters to possess and carry a signed refuge 
migratory game bird hunting brochure valid for the current season.
    (ii) We only allow portable or temporary blinds and decoys that must 
be removed from the refuge following each day's hunt (see Sec.27.93 of 
this chapter).
    (iii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of coyote and fox on 
designated areas of the refuge subject to the following condition: We 
only allow the incidental take of coyote and fox during the refuge deer 
hunting season with a signed refuge hunting brochure valid for the 
current season.
    (3) Big game hunting. We allow hunting of white-tailed deer and wild 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) We require every hunter to possess and carry a personally signed 
refuge hunting brochure valid for the current season.
    (ii) We only allow portable or temporary stands and blinds that must 
be removed from the refuge on the last day of the deer hunt (see Sec.
27.93 of this chapter). We prohibit permanent tree stands. Stands and 
blinds must be marked with the hunter's State hunting license number.
    (4) Sport fishing. We allow saltwater fishing in designated areas of 
the refuge.
    (c) Ninigret National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of coyote and fox on 
designated areas of the refuge subject to the following condition: We 
only allow the incidental take of coyote and fox during the refuge deer 
hunting season. We require hunters to possess and carry a signed refuge 
hunting brochure valid for the current season.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) We require hunters to possess and carry a signed refuge hunting 
brochure valid for the current season.
    (ii) We only allow portable or temporary stands and blinds that must 
be removed from the refuge on the last day of the deer hunt (see Sec.
27.93 of this chapter). We prohibit permanent tree

[[Page 484]]

stands. Stands and blinds must be marked with the hunter's State hunting 
license number.
    (4) Sport fishing. We allow saltwater fishing from refuge 
shorelines.
    (d) Sachuest Point National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of fox and coyote on 
designated areas of the refuge subject to the following condition: We 
only allow the incidental take of fox and coyote during limited, 
periodic hunts with a signed hunt application (see paragraph (d)(3)(i) 
of this section).
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require every hunter to possess and carry a personally signed 
hunt application (FWS Form 3-2439, Hunt Application--National Wildlife 
Refuge System).
    (ii) We only allow hunting of big game during limited, periodic 
hunts.
    (iii) We only allow portable tree stands and blinds. You must 
clearly label any tree stand or blind left on the refuge overnight with 
your refuge permit number. You must remove your tree stand(s) and/or 
blind(s) from the refuge on the last day of the refuge-authorized deer 
hunt (see Sec.27.93 of this chapter).
    (4) Sport fishing. We allow saltwater fishing on designated areas of 
the refuge subject to the following conditions:
    (i) Anglers may only saltwater fish at Sachuest Beach shoreline from 
September 16 through March 31.
    (ii) Anglers may night-fish after legal sunset with a refuge permit 
(FWS Form 3-2358, National Wildlife Refuge System Fishing/Shrimping/
Crabbing/Frogging Application).
    (e) Trustom Pond National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, merganser, coot, and mourning 
dove on designated areas of the refuge subject to the following 
condition: We allow the use of dogs consistent with State regulations.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow saltwater fishing on designated areas of 
the refuge subject to the following condition: Anglers may saltwater 
fish from September 16 through March 31.

[85 FR 54138, Aug. 31, 2020]



Sec.32.59  South Carolina.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Cape Romain National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of marsh hen/rail on designated areas of the 
refuge subject to the following conditions:
    (i) We require each hunter to carry at all times while hunting a 
signed, current refuge hunt permit (signed brochure) and a government-
issued picture identification.
    (ii) We prohibit hunting on Sundays.
    (iii) Each hunter age 15 and younger 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.
    (iv) We allow the use of dogs while hunting for marsh hen/rail.
    (2) Upland game hunting. We allow hunting of raccoon on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (iii) 
of this section apply.
    (ii) We allow hunting only on days designated annually by the refuge 
within the State season.
    (iii) Each archery hunter must check-in at the camping site on Bulls 
Island before setting up camp or before starting to hunt. We require 
each hunter to record his or her State hunting license number in the 
available register.
    (iv) Hunters may camp in the designated camping areas on Bulls 
Island during the archery white-tailed deer hunts from 9 a.m. on the day 
preceding the hunt until 12 p.m. (noon) on the day following the hunt.
    (v) Hunters must hunt from a tree stand or the ground. We prohibit 
stalking, driving, corralling, or any other cooperative form of hunting.

[[Page 485]]

    (3) Big game hunting. We allow the hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) through (iii) 
and (a)(2)(ii) through (v) of this section apply.
    (ii) The refuge designates daily limits for white-tailed deer.
    (iii) We prohibit crossbows, muzzleloaders, shotguns, rifles, 
pistols, and any other firearms or illegal means (as governed by State 
designations) to take white-tailed deer during the designated refuge 
archery hunt.
    (iv) Hunters much check all white-tailed deer at the refuge check 
station prior to removal from Bulls Island.
    (4) Sport fishing. We allow saltwater fishing and shell fishing on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit cast nets on the pier at Garris Landing.
    (ii) We prohibit anglers or visitors taking, possessing, or 
transporting more than one 3-quart plastic bag of sea shells per person 
per day from the refuge.
    (b) Carolina Sandhills National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of mourning dove and woodcock on 
designated areas of the refuge subject to the following conditions:
    (i) All hunters must carry a signed refuge general hunt permit 
(signed brochure) and government-issued picture identification.
    (ii) Each youth hunter (age 15 and younger) must remain within sight 
and voice contact and under supervision of an adult age 21 or older.
    (iii) We prohibit discharge of any weapon on or across any part of 
the refuge road system.
    (iv) We prohibit the use of outdoor recreational vehicles (ORVs) 
except by mobility-impaired hunters with a Special Use Permit (FWS Form 
3-1383-G) to use ORV in designated areas during specified hunts. 
Companions assisting disabled hunters must be listed on the Special Use 
Permit.
    (v) For hunting, you may possess shotguns with shot no larger than 
5.
    (vi) Legal shooting hours for September dove hunts are 12 p.m. 
(noon) to 6 p.m.
    (vii) We prohibit the possession of more than 50 shotgun shells 
during the September dove hunts.
    (2) Upland game hunting. We allow hunting of quail, rabbit, raccoon, 
and opossum on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iv) of 
this section apply.
    (ii) We require dogs for hunting raccoon and opossum. All dogs must 
wear a collar displaying the owner's contact information.
    (iii) Upland game hunters may possess shotguns with shot no larger 
than 4, or .22 caliber rimfire rifles or primitive muzzleloading rifles 
of .40 caliber or smaller. We prohibit possession of buckshot or slugs.
    (iv) Upland game hunters using archery equipment must use small game 
tips on the arrows.
    (v) All persons participating in refuge firearms hunts and while en 
route to and from hunting areas must wear either a hat, coat, or vest of 
solid blaze orange. This does not apply to raccoon and opossum hunters.
    (vi) We prohibit falconry.
    (3) Big game hunting. We allow hunting of white-tailed deer, turkey, 
coyote, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i), (iii), and 
(iv) and (b)(2)(v) of this section apply.
    (ii) Each youth hunter (age 15 and younger) must remain within sight 
and voice contact and under supervision of an adult age 21 or older. 
Each adult may supervise no more than one youth hunter.
    (iii) Harvested deer, feral hog, or turkey must be checked at the 
designated check station prior to removing from the refuge. Hunters must 
complete the Big Game Harvest Report (FWS Form 3-2359).
    (iv) During deer and turkey hunts, we prohibit hunters from entering 
the refuge earlier than 4 a.m. and staying on the refuge later than 2 
hours after legal sunset.

[[Page 486]]

    (v) During the primitive weapons hunt, you may use bow and arrow, 
crossbows, muzzleloading shotguns (20 gauge or larger), or muzzleloading 
rifles (.40 caliber or larger). We prohibit revolving rifles and black-
powder handguns.
    (vi) During 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 centimeters (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.
    (vii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (viii) We prohibit adults from possessing or discharging firearms 
during youth deer or turkey hunts.
    (ix) We prohibit placing stands on the refuge more than 3 days prior 
to the opening day of each big game hunt period. You must remove stands 
at the end of each hunt period (see Sec.27.93 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from 1 hour before legal sunrise to 1 hour 
after legal sunset.
    (ii) We prohibit bow fishing, fish baskets, nets, set hooks, 
trotlines, or snagging devices.
    (iii) 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.
    (iv) At Mays and Honkers Lakes, the creel limit on largemouth bass 
is five fish per person per day. All bass must be a minimum length of 12 
inches (30 cm).
    (v) We designate Oxpen Lake as adult-youth fishing only. A youth 
(age 15 and younger) must be actively fishing and accompanied by no more 
than two adults age 18 or older. We prohibit adults fishing unless a 
youth accompanies them. The creel limit on channel catfish is five fish 
per person per day.
    (vi) We prohibit the use or possession of alcoholic beverages while 
fishing on the refuge.
    (c) Ernest F. Hollings ACE Basin National Wildlife Refuge--(1) 
Migratory game bird hunting. We allow hunting of duck, goose, and coot 
on designated areas of the refuge subject to the following conditions:
    (i) We require each hunter to carry at all times while hunting a 
signed, current refuge hunting regulations brochure (signed brochure) 
containing a refuge hunt permit.
    (ii) Each youth hunter (age 15 and younger) 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.
    (iii) We only allow hunting until 12 p.m. (noon) each day during the 
State waterfowl season.
    (iv) You must remove portable blinds and decoys at the end of each 
day's hunt (see Sec.27.93 of this chapter).
    (v) We only allow the use of dogs while hunting.
    (vi) We allow scouting all year from legal sunrise to legal sunset.
    (vii) You may access the hunt areas only by boat.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of 
this section apply.
    (ii) Except for the special quota permit hunts, we allow only 
archery or muzzleloader hunting. During special quota permit hunts, we 
allow use of centerfire rifles or shotguns.
    (iii) On hunt days, hunters may enter the refuge no earlier than 5 
a.m. and must leave the refuge no later than 1 hour after legal sunset.
    (iv) We require all deer taken during any hunt to be checked at the 
designated refuge check station before removal from the refuge. In 
addition, all deer must be tagged with an antlerless tag (State-issued) 
provided by the refuge.

[[Page 487]]

    (v) 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 
centimeters) or more in length.
    (vi) You may take feral hogs during refuge deer hunts. There is no 
size or bag limit on hogs. We may offer special hog hunts during and 
after deer season to further control this invasive species. We prohibit 
removal of live hogs from the refuge.
    (vii) You must hunt deer and feral hogs from an elevated deer stand. 
We prohibit shooting big game from a boat.
    (viii) All permanently fixed ground blinds are for the mobility-
impaired hunt only.
    (ix) We prohibit crossbows on the archery hunts. We only allow 
muzzleloading rifles using a single projectile on the muzzleloader 
hunts. We prohibit buckshot.
    (x) You may use flagging to mark the site of hunter entry from roads 
or trails and again at the stand site. You may use clothespins with 
reflective tape between these sites to mark the route to the stand. 
Hunters must label all such markers with their last name and State 
hunting license number.
    (xi) We require hunters to wear an outer garment visible above the 
waist that contains a minimum of 500 square inches (3,226 square 
centimeters) of solid, florescent-orange material at all times during 
the muzzleloader and mobility-impaired hunts.
    (xii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) 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.
    (ii) We only allow bank fishing.
    (iii) We only allow hook and line sport fishing using rod and reel 
or pole.
    (d) Pinckney Island National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We only allow hunting on the refuge by lottery.
    (ii) We require a refuge hunt permit (electronic form) for all 
hunters chosen in the lottery who are age 16 and older. You must sign 
the refuge hunt permit and carry it at all times when hunting.
    (iii) Hunters must check-in at the designated check station and park 
in the designated area prior to hunting. We require personal 
identification at check-in.
    (iv) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (v) Each hunter may place one stand on the refuge during the week 
preceding the hunt. You must remove your stand at the end of the hunt 
(see Sec.27.93 of this chapter).
    (vi) We prohibit the use of buckshot.
    (vii) We prohibit hunting closer than 100 yards (90 meters (m)) to 
U.S. Highway 278 or the check station area, or closer than 200 yards 
(180 m) to the residence area.
    (viii) Refuge personnel must check deer harvested during a scheduled 
hunt before hunters leave the refuge.
    (ix) You may take five deer (no more than two antlered).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow saltwater fishing year-round in the estuarine waters 
adjacent to the refuge.
    (ii) We prohibit freshwater fishing.
    (e) Santee National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of raccoon and opossum on

[[Page 488]]

designated areas of the refuge subject to the following conditions:
    (i) We allow only primitive weapons. We prohibit hunting with 
exploding arrows, centerfire rifles, and handguns.
    (ii) All refuge hunters age 14 and younger must show proof of 
successful completion of a hunter-education/safety course. A properly 
licensed adult age 21 or older must directly supervise (within sight and 
normal voice contact) hunters age 14 and younger. An adult may supervise 
only one youth.
    (iii) We require hunters to possess a refuge hunt permit (signed 
refuge hunt brochure), a valid State hunting license, and government-
issued picture identification while hunting.
    (iv) You must check in all harvested animals at a designated check 
station. If no refuge employee is present at a designated check station 
to check the harvested animal, the hunter must record species harvest 
information on the provided data sheet (FWS Form 3-2405).
    (v) You must check all animals taken on the refuge before removing 
the animal from the refuge and prior to 8:30 p.m. at the check station.
    (vi) We require hunters to make a reasonable effort to retrieve 
wounded game. You must obtain permission from refuge personnel to enter 
a ``No Hunting Zone'' or ``Closed Area'' for any purpose.
    (vii) We prohibit hunting from within 100 feet (30 meters (m)) of or 
across any roadway, whether open or closed to vehicular traffic, or from 
or within 300 yards (270 m) of any designated hunter check station or 
residence.
    (viii) We open hunting areas from 5 a.m. until 8:30 p.m. during 
designated hunt periods.
    (ix) We allow the use of dogs only for raccoon and opossum hunting. 
The dogs must wear a collar displaying the owner's contact information.
    (x) We allow take of raccoon and opossum only during night hunting 
from the hours of 6 p.m. to 6 a.m. We prohibit hunting on Saturday 
nights and Sunday nights. Special State regulations apply for night 
hunting.
    (xi) We only allow take of raccoon and opossum with a shotgun using 
shot size no larger than 4 or a .22-caliber rimfire rifle. We prohibit 
possession of buckshot or slugs.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (e)(2)(i) through (viii) 
of this section apply.
    (ii) We prohibit night hunting of deer and feral hogs. On the 
refuge, we define ``nighttime'' as from \1/2\ hour after legal sunset to 
\1/2\ hour before legal sunrise.
    (iii) We allow the unlimited incidental take of feral hog while 
hunting during the day.
    (iv) We prohibit trail flagging. You may use clothes pins with 
reflective tape/tack or commercially made reflective orange glow or 
trail clips to mark the path to the tree. You must mark all clips and 
pins with your full name, and you must remove them at the end of the 
hunt period (see Sec. Sec.27.93 and 27.94 of this chapter).
    (v) You must hunt deer and feral hog from portable elevated hunting 
stands. You must wear a safety belt or harness while using a hunting 
stand. We prohibit ground blinds. We allow only one stand per hunter, 
and each hunter must clearly mark stands with his or her State hunting 
license number.
    (vi) You may place stands, clothespins, or clips, only on open hunt 
areas, on the Friday, Saturday, and Sunday immediately prior to each 
hunt (from 7 a.m. until 5 p.m.). You must remove them by 8:30 p.m. on 
the last day of each hunt period (see Sec. Sec.27.93 and 27.94 of this 
chapter).
    (vii) We open the Plantation Islands (Cuddo Unit) to deer and feral 
hog hunting only from 5 a.m. until 2:30 p.m.
    (viii) Shooting hours are from \1/2\ hour before legal sunrise until 
\1/2\ hour after legal sunset.
    (ix) We allow the use of nonmotorized boats for accessing the unit's 
interior canals to inland areas open to hunting.
    (x) We prohibit organized deer drives. We define a ``deer drive'' as 
an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.

[[Page 489]]

    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Anglers must sign and possess a refuge fishing permit (signed 
brochure), and possess government-issued picture identification, while 
fishing on the refuge. We require all recreational fishing boat 
operators to have one refuge fishing permit per boat.
    (ii) We open Cantey Bay (Bluff Unit), Black Bottom (Cuddo Unit), and 
Savannah Branch (Pine Island Unit) only to boating and fishing, from 
March 1 through October 31.
    (iii) We allow fishing access in interior freshwater canals and 
ponds only by canoes or kayaks, or by foot or bicycle travel only.
    (iv) We prohibit attaching trotlines, bush/limb lines, fishing 
devices, signs, or any other objects to trees, posts, or markers within 
refuge boundaries.
    (f) Savannah National Wildlife Refuge. Refer to Sec.32.29(h) for 
regulations.
    (g) Waccamaw National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, dove, woodcock, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry at all times while hunting a signed, 
current refuge hunting regulations brochure (signed brochure), which 
serves as the hunt permit.
    (ii) Each youth hunter age 15 and younger must remain within sight, 
within normal voice contact, and under the supervision of an adult age 
21 or older, except when participating in the Federal youth days 
waterfowl hunt, when the youth hunter must be under the supervision of 
an adult age 18 or older. We do not require youth hunters to have a 
hunter-education card for migratory gamebird hunting, but they must 
possess a signed refuge hunting regulations brochure. The supervising 
adult must comply with all State and Federal hunting license 
requirements and also possess a signed refuge hunting regulations 
brochure. Each supervising adult may supervise no more than two youths.
    (iii) We allow waterfowl hunting only until 12 p.m. (noon) each 
Saturday and Wednesday during the State waterfowl season. Hunters may 
enter the refuge no earlier than 5 a.m. on hunt days and must be off the 
refuge by 2 p.m.
    (iv) We allow scouting Monday through Friday during the waterfowl 
season. Hunters must be off the refuge by 2 p.m.
    (v) Hunters must remove portable blinds and decoys from the refuge 
at the end of each day's hunt (see Sec.27.93 of this chapter).
    (vi) We allow the use of dogs only while hunting. We require dogs to 
wear a collar displaying the owner's contact information.
    (2) Upland game hunting. We allow hunting of gray squirrel, raccoon, 
and opossum on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i), (ii), and (vi) 
of this section apply.
    (ii) We allow hunting only on days designated annually by the refuge 
within the State season.
    (iii) You may possess only nontoxic shot (see Sec.32.2(k)) no 
larger than 2 in shotguns for hunting. We allow .22-caliber rimfire 
rifles.
    (iv) We prohibit shooting any game from a boat except waterfowl.
    (v) We prohibit upland game hunting during refuge big game hunts.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) and (g)(2)(ii) 
and (iv) of this section apply.
    (ii) We allow archery, muzzleloading (black powder), rifles 
(centerfire larger than .22 caliber), and shotguns according to refuge 
unit-specific regulations. We allow muzzleloading rifles that use only a 
single projectile on the muzzleloader hunts. We prohibit buckshot, 
rimfire ammunition, and full-metal-jacketed military ammunition.
    (iii) 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 (paragraph (g)(1)(iv) 
of this section) apply to scouting for big game species.
    (iv) 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.

[[Page 490]]

    (v) We allow harvest of only one antlered deer for each hunt 
session; you may not exceed harvest of a total of three antlered deer 
per year. We allow harvest of three antlerless deer per season; you may 
not exceed harvest of more than two antlerless deer per day.
    (vi) You may take feral hogs during refuge deer hunts. There is no 
size or bag limit on hogs.
    (vii) We prohibit hunting on or within 100 feet (30 meters) of all 
routes marked as roads or trails on the hunt brochure map.
    (viii) You must hunt deer and feral hog from an elevated hunting 
stand.
    (ix) We allow only one portable tree stand per hunter, and you must 
clearly mark it with your State hunting license number. We prohibit 
placing deer stands on the refuge more than 3 days prior to the opening 
day of a hunting session. Hunters must remove stands from the refuge no 
later than 3 days after each refuge big game hunt (see Sec.27.93 of 
this chapter).
    (x) We allow hunters to use flagging to mark the site of hunter 
entry from roads or trails and again at the stand site. We allow hunters 
to use clothes pins with reflective tape between entry and stand sites 
to mark the route to the stand. You must label all pins with your last 
name, and you must remove them at the end of the hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (xi) We require hunters to wear an outer garment visible above the 
waist that contains a minimum of 500 square inches (3,226 square 
centimeters) of solid, fluorescent-orange material at all times during 
big game hunts except for wild turkey.
    (xii) We prohibit organized drives. We define a ``drive'' as an 
organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause game to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
game.
    (xiii) We allow crossbows only during the big game hunting sessions, 
when we allow muzzleloaders and modern weapons.
    (xiv) Each youth hunter age 15 and younger must remain within sight, 
within normal voice contact, and under supervision of an adult age 21 or 
older. Each youth hunter must possess a signed refuge hunting 
regulations brochure. We require youth hunters who are sitting in a 
hunting stand by themselves to possess a valid hunter-education card. 
The supervising adult must comply with all State and Federal hunting 
license requirements and possess a signed refuge hunting regulations 
brochure. Each supervising adult may supervise a maximum of one youth.
    (xv) We only allow deer and hog hunting on the uplands of Sandy 
Island during a special archery-only lottery hunt. Hunters must apply 
for lottery entry (name/address/phone number) and are chosen by a random 
selection process. There is a quota on the number of hunters selected 
for this hunt.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54139, Aug. 31, 2020]



Sec.32.60  South Dakota.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Huron Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (b) LaCreek National Wildlife Refuge--(1) Migratory game bird 
hunting. We

[[Page 491]]

allow the hunting of goose, duck, coot, common snipe, sandhill crane, 
crow, and mourning dove on designated areas of the refuge subject to the 
following conditions:
    (i) Hunters may enter the refuge 2 hours before legal sunrise and 
remain no longer than 2 hours after legal sunset. We allow access from 
refuge parking areas, adjacent public lands, and adjacent private lands 
enrolled in public access programs.
    (ii) We allow the use of motorized boats for hunting and game 
retrieval on the Little White River Recreation Area. We allow the use of 
manual powered boats for hunting and game retrieval on all waters within 
open hunt areas and the use of boats with electric motors on Pool 10.
    (iii) We allow the use of dogs.
    (iv) We prohibit shooting from or over refuge roads and parking 
areas.
    (v) We prohibit hunting light geese during the spring conservation 
order.
    (vi) For crow hunting, we prohibit hunting with rifles and hunting 
during the spring season.
    (2) Upland game hunting. We allow the hunting of bobcat, coyote, 
fox, cottontail rabbit, mountain lion, prairie chicken, ring-necked 
pheasant, and sharp-tailed grouse on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i), (ii), and (iv) 
of this section apply.
    (ii) We allow access for bobcat, coyote, fox, and mountain lion 
hunting January 1 through February 15, and hunting hours are from \1/2\ 
hour before legal sunrise to \1/2\ hour after legal sunset.
    (iii) We prohibit the use of dogs when hunting bobcat, coyote, fox, 
and mountain lion. We allow the use of dogs while hunting other upland 
game.
    (iv) Coyotes and all furbearers or their parts, if left in the 
field, must be left at least 50 yards away from any road, trail, or 
building. Otherwise, hunters must remove them from the refuge.
    (3) Big game hunting. We allow hunting of white-tailed and mule deer 
on designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iv) of 
this section apply.
    (ii) Hunters may leave portable tree stands and free-standing 
elevated platforms on the refuge from August 25 through February 15. 
Hunters must remove all other personal property by the end of each day's 
hunt (see Sec.27.93 of this chapter).
    (iii) We close the refuge to archery hunting during refuge firearm 
seasons.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the use or possession of live minnows or bait fish 
in Pools 3, 4, 7, and 10 and the Cedar Creek Trout Ponds.
    (ii) We open designated fishing areas from \1/2\ hour before legal 
sunrise to \1/2\ hour after legal sunset, except the Little White River 
Recreation Area.
    (c) Lake Andes National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
refuge.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the refuge.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the refuge.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: You must remove all boats, 
motor vehicles, fishing equipment, and other personal property, 
excluding ice houses, by the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (d) Lake Andes Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district subject to the following condition: You must remove 
portable

[[Page 492]]

ground blinds and other personal property at the end of each day's hunt 
(see Sec. Sec.27.93 and 27.94 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (e) Madison Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district subject to the following condition: You must remove 
portable ground blinds and other personal property by the end of each 
day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (f) Sand Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl on designated portions of the 
refuge subject to the following condition: Unarmed waterfowl hunters on 
the perimeter of the refuge may retrieve downed waterfowl up to 100 
yards (90 meters) inside the refuge boundary.
    (2) Upland game hunting. We allow hunting of pheasant, sharp-tailed 
grouse, and partridge on designated portions of the refuge subject to 
the following conditions:
    (i) We allow hunting of upland game birds from the Monday following 
closure of the refuge firearms deer season through the first Sunday in 
January.
    (ii) Hunters may enter the refuge no earlier than 10 a.m. each day.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) Only firearms deer hunters possessing and carrying a State-
issued Sand Lake refuge permit may hunt deer on the refuge.
    (ii) We allow portable tree stands; portable, elevated hunting 
platforms not attached to trees; and portable ground blinds only.
    (iii) You may place your tree stand(s), elevated platform(s), and/or 
ground blind(s) on the refuge only during your designated licensed 
season. You must remove these stands/blinds by the end of your 
designated licensed season (see Sec.27.93 of this chapter).
    (iv) Deer hunters may enter the refuge 1 hour before legal shooting 
time and remain no longer than 1 hour after shooting time ends.
    (v) We allow vehicles on designated refuge roads only for retrieving 
harvested deer and only during the following times: 9:30 to 10 a.m., 
1:30 to 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).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) Fishing hours are \1/2\ hour before legal sunrise to \1/2\ hour 
after legal sunset.
    (ii) We allow ice fishing shanties, but anglers must remove them at 
the end of each day's fishing activity (see Sec.27.93 of this 
chapter).
    (g) Sand Lake Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district and 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of

[[Page 493]]

the district subject to the following conditions:
    (i) 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.
    (ii) You must remove portable ground blinds, trail cameras, and 
other personal property by the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).
    (h) Waubay National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow deer hunting on designated areas of 
the refuge subject to the following conditions:
    (i) Hunters must remove stands by the end of the hunt (see Sec.
27.93 of this chapter).
    (ii) Hunters may launch nonmotorized watercraft from designated 
access points to travel to islands.
    (iii) We close archery seasons during refuge firearm seasons.
    (iv) We prohibit organized deer drives during archery season. We 
define a ``deer drive'' as an organized or planned effort to pursue, 
drive, chase, or otherwise frighten or cause deer to move in the 
direction of any person(s) who is part of the organized or planned hunt 
and known to be waiting for the deer.
    (4) Sport fishing. We allow ice fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit open water fishing at any time.
    (ii) 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.
    (iii) Anglers must remove ice shacks by 1 hour after legal sunset 
(see Sec.27.93 of this chapter).
    (iv) We restrict angler foot travel to posted access points, public 
roads, and lake ice.
    (i) Waubay Wetland Management District--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
district 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's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the district.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the district subject to the following conditions:
    (i) 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.
    (ii) You must remove portable ground blinds and other personal 
property by the end of each day's hunt (see Sec. Sec.27.93 and 27.94 
of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
district 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's fishing activity (see 
Sec. Sec.27.93 and 27.94 of this chapter).

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54139, Aug. 31, 2020]



Sec.32.61  Tennessee.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Chickasaw National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, merganser, mourning 
dove, woodcock, and snipe on designated areas of the refuge subject to 
the following conditions:
    (i) You must possess and carry a signed refuge permit (signed refuge 
brochure) and comply with all permit provisions.
    (ii) We allow hunting for duck, goose, coot, and merganser from \1/
2\ hour before legal sunrise to 12 p.m. (noon). We allow hunters to 
access the refuge no more than 2 hours before legal sunrise.

[[Page 494]]

    (iii) We close mourning dove, woodcock, and snipe seasons during all 
youth and muzzleloader hunts, and during the first 4 weeks of firearms 
deer seasons.
    (iv) You may use only portable blinds, and you must remove all 
boats, blinds, and decoys from the refuge by 1 p.m. each day (see Sec.
27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, coyote, beaver, raccoon, and opossum on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (a)(1)(i) of this section 
applies.
    (ii) We allow hunters to access the refuge no more than 2 hours 
before legal sunrise to no later than 2 hours after legal sunset, except 
that raccoon and opossum hunters may access the refuge from legal sunset 
to legal sunrise.
    (iii) We close squirrel, rabbit, and quail seasons during all youth 
and muzzleloader hunts, and during the first 4 weeks of firearms deer 
seasons.
    (iv) We close raccoon and opossum seasons on Friday and Saturday 
nights during all firearms, youth, and muzzleloader deer hunts and 
seasons, including the Friday night prior to any hunt or season that 
opens on a Saturday morning.
    (v) You may take coyote and beaver incidental to legal hunting 
activities with legal methods of take for those hunts.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (a)(2)(ii) 
and (v) of this section apply.
    (ii) You may only participate in the refuge quota hunts with a 
special quota permit issued through random drawing (electronic form).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing only with pole and line, or rod and reel.
    (ii) We allow the use of bow and arrow, or a gig, to take nongame 
fish on refuge waters.
    (iii) We prohibit taking frog or turtle on the refuge (see Sec.
27.21 of this chapter).
    (b) Cross Creeks National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of Canada goose on designated areas of the 
refuge subject to the following conditions:
    (i) We require a refuge hunt permit (electronic form) for all 
hunters age 17 and older. You must carry a valid refuge permit while 
hunting on the refuge.
    (ii) The annual refuge hunting and fishing regulations brochure 
provides season dates and bag limits.
    (iii) We prohibit hunting within 50 yards (45 meters) of any 
building, public use road, or boat launching ramp.
    (iv) We allow hunters to access the refuge from 2 hours before legal 
sunrise to 2 hours after legal sunset.
    (v) We allow the use of dogs to retrieve geese.
    (vi) You may use only portable blinds, and you must remove all 
boats, blinds, and decoys from the refuge at the end of each day's hunt 
(see Sec.27.93 of this chapter).
    (vii) We allow the take of beaver and coyote incidental to legal 
hunting activities with legal methods of take for those hunts.
    (2) Upland game hunting. We allow hunting of squirrel, beaver, and 
coyote on designated areas of the refuge subject to the following 
condition: The conditions set forth at paragraphs (b)(1)(i) through (iv) 
and (vii) of this section apply.
    (3) Big game hunting. We allow the hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (b)(2)(i) through (iv) 
and (b)(1)(vii) of this section apply.
    (ii) 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's hunt (see Sec.27.93 
of this chapter).
    (iii) You may only participate in the refuge quota deer hunts with a 
special quota permit (electronic form) issued through random drawing.
    (iv) Each youth hunter age 16 and younger must remain within sight 
of

[[Page 495]]

and normal voice contact of an adult age 21 or older. One adult hunter 
may supervise no more than one youth hunter.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing on the refuge pools and reservoirs from March 
16 through November 14, from \1/2\ hour before legal sunrise to \1/2\ 
hour after legal sunset.
    (ii) We prohibit trotlines, limblines, jugs, and slat baskets in 
refuge pools and impoundments and on Elk Reservoir and South Cross 
Creeks Reservoir.
    (iii) We prohibit taking frog, turtle, and crawfish on the refuge 
(see Sec.27.21 of this chapter).
    (iv) We allow bow fishing in refuge impoundments and on Barkley 
Lake.
    (c) Hatchie National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, merganser, mourning 
dove, woodcock, and snipe on designated areas of the refuge subject to 
the following conditions:
    (i) You must possess and carry a signed refuge permit (signed refuge 
brochure) and comply with all permit provisions.
    (ii) We allow hunting for duck, goose, coot, and merganser from \1/
2\ hour before legal sunrise until 12 p.m. (noon). We allow hunters to 
access the refuge no earlier than 2 hours before legal sunrise.
    (iii) We close mourning dove, woodcock, and snipe seasons during all 
quota gun and youth deer gun hunts.
    (iv) You may use only portable blinds, and you must remove all 
boats, blinds, and decoys from the refuge by 1 p.m. each day (see Sec.
27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, coyote, beaver, raccoon, and opossum on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (c)(1)(i) of this section 
applies.
    (ii) We allow hunters to access the refuge no earlier than 2 hours 
before legal sunrise to no later than 2 hours after legal sunset, except 
that raccoon and opossum hunters may access the refuge from legal sunset 
to legal sunrise.
    (iii) We close all small game hunts during the refuge deer quota and 
youth gun hunts.
    (iv) You may take coyote and beaver incidental to legal hunting 
activities with legal methods of take for those hunts.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (c)(2)(ii) 
and (iv) of this section apply.
    (ii) You may only participate in the refuge deer quota hunts with a 
special quota permit (electronic form) issued through random drawing.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing only with pole and line, or rod and reel.
    (ii) We allow use of a bow and arrow, or gig, to take nongame fish 
on refuge waters.
    (iii) We prohibit taking frog or turtle on the refuge (see Sec.
27.21 of this chapter).
    (iv) We open Oneal Lake for fishing during a restricted season and 
for authorized special events.
    (v) We only allow fishing boats of 18 feet (5.5 meters) or less in 
length on refuge lakes.
    (d) Lake Isom National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of squirrel, coyote, 
beaver, and raccoon on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess and carry a signed refuge permit (signed refuge 
brochure) and comply with all permit provisions.
    (ii) We allow hunters to access the refuge no earlier than 2 hours 
before legal sunrise to no later than 2 hours after legal sunset, except 
that raccoon hunters may access the refuge from legal sunset to legal 
sunrise.
    (iii) You may take coyote and beaver incidental to legal hunting 
activities with legal methods of take for those hunts.
    (3) Big game hunting. We allow only archery hunting for white-tailed 
deer

[[Page 496]]

on designated areas of the refuge subject to the following condition: 
The conditions set forth at paragraphs (d)(2)(i) through (iii) of this 
section apply.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We open all waters of Lake Isom to fishing only from March 16 
through November 14, and from legal sunrise to legal sunset.
    (ii) We prohibit taking frog or turtle from refuge waters (see Sec.
27.21 of this chapter).
    (iii) We allow fishing only with pole and line, or rod and reel.
    (iv) We allow use of a bow and arrow, or a gig, to take nongame fish 
on refuge waters.
    (e) Lower Hatchie National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, merganser, mourning 
dove, woodcock, and snipe on designated areas of the refuge subject to 
the following conditions:
    (i) You must possess and carry a signed refuge permit (signed refuge 
brochure) and comply with all permit provisions.
    (ii) We allow hunting for duck, goose, coot, and merganser from \1/
2\ hour before legal sunrise to 12 p.m. (noon). We allow hunters to 
access the refuge no earlier than 2 hours before legal sunrise.
    (iii) We close mourning dove, woodcock, and snipe seasons all youth 
and muzzleloader hunts, and during the first 4 weeks of firearms deer 
seasons.
    (iv) You may use only portable blinds, and you must remove all 
boats, blinds, and decoys from the refuge by 1 p.m. each day (see Sec.
27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of squirrel, rabbit, 
quail, coyote, beaver, raccoon, and opossum on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (e)(1)(i) of this section 
applies.
    (ii) We allow hunters to access the refuge no more than 2 hours 
before legal sunrise to no more than 2 hours after legal sunset, except 
that raccoon and opossum hunters may access the refuge from legal sunset 
to legal sunrise.
    (iii) We close squirrel, rabbit, and quail seasons during all youth 
and muzzleloader hunts, and during the first 4 weeks of firearms deer 
seasons.
    (iv) We close raccoon and opossum seasons on Friday and Saturday 
nights during all firearms, youth, and muzzleloader deer hunts and 
seasons, including the Friday night prior to any hunt or season that 
opens on a Saturday morning.
    (v) You may take coyote and beaver incidental to legal hunting 
activities with legal methods of take for those hunts.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (e)(1)(i) and (e)(2)(ii) 
and (v) of this section apply.
    (ii) You may participate in the refuge quota hunts only with a 
special quota permit (electronic form) issued through random drawing.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge and the Sunk Lake Public Use Natural Area as governed by State 
regulations and subject to the following conditions:
    (i) We allow fishing only from legal sunrise to legal sunset.
    (ii) We allow fishing only with pole and line, or rod and reel.
    (iii) We allow use of a bow and arrow, or a gig, to take nongame 
fish on refuge waters.
    (iv) We prohibit taking frog or turtle on the refuge (see Sec.
27.21 of this chapter).
    (f) Reelfoot National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of squirrel, coyote, 
beaver, and raccoon on designated areas of the refuge subject to the 
following conditions:
    (i) You must possess and carry a signed refuge permit (signed refuge 
brochure) and comply with all permit provisions.
    (ii) We allow hunters to access the refuge no earlier than 2 hours 
before legal sunrise to no later than 2 hours after legal sunset, except 
that raccoon hunters may access the refuge from legal sunset to legal 
sunrise.

[[Page 497]]

    (iii) You may take coyote and beaver incidental to legal hunting 
activities with legal methods of take for those hunts.
    (3) Big game hunting. We allow hunting for white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (f)(2)(i) through (iii) 
of this section apply.
    (ii) You may participate in the refuge firearms deer and turkey 
quota hunts only with a special quota permit (electronic form) issued 
through random drawing.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) 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.
    (ii) We allow fishing on the refuge from legal sunrise to legal 
sunset.
    (iii) We prohibit taking of frog or turtle on the refuge (see Sec.
27.21 of this chapter).
    (g) Tennessee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of Canada goose, dove, and crow on designated 
areas of the refuge subject to the following conditions:
    (i) We require a refuge hunt permit (name and address) for all 
hunters age 17 and older. You must carry a valid refuge permit while 
hunting on the refuge.
    (ii) The annual refuge hunting and fishing regulations brochure 
provides season dates and bag limits.
    (iii) We prohibit hunting within 50 yards (45 meters) of any 
building, public use road, or boat launching ramp.
    (iv) We allow hunters to access the refuge from 2 hours before legal 
sunrise to 2 hours after legal sunset, except as provided under 
paragraph (g)(2)(ii) of this section.
    (v) Youth hunters age 16 and younger must be accompanied by an adult 
21 years old or older who has a refuge hunting permit on his or her 
person. The adult must remain in a position to take immediate control of 
the hunting device.
    (vi) We allow the use of dogs for migratory bird, squirrel, raccoon, 
and opossum hunting.
    (vii) You may use only portable blinds, and you must remove all 
boats, blinds, and decoys from the refuge at the end of each day's hunt 
(see Sec.27.93 of this chapter).
    (viii) We allow the take of beaver and coyote incidental to legal 
hunting activities with legal methods of take for those hunts.
    (2) Upland game hunting. We allow hunting of squirrel, coyote, 
beaver, raccoon, and opossum on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) through (vi) 
and (viii) of this section apply.
    (ii) We allow hunting for raccoon and opossum from legal sunset to 
legal sunrise.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
turkey on designated areas of the refuge subject to the following 
conditions:
    (i) The conditions set forth at paragraphs (g)(1)(i) through (v) and 
(viii) of this section apply.
    (ii) You may participate in the refuge quota deer hunts only with a 
special quota permit (electronic form) issued through random drawing.
    (iii) We allow the use of only 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's hunt (see Sec.27.93 
of this chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing in Swamp Creek, Sulphur Well Bay, and Bennetts 
Creek from March 16 through November 14. We open the remainder of the 
refuge portion of Kentucky Lake to fishing year-round. We allow bank 
fishing year-round along Refuge Lane from the New Johnsonville Pump 
Station.
    (ii) We allow fishing on interior refuge impoundments from \1/2\ 
hour before legal sunrise to \1/2\ hour after legal sunset from March 16 
to November 14.
    (iii) We prohibit taking frog, turtle, and crawfish on the refuge 
(see Sec.27.21 of this chapter).

[[Page 498]]

    (iv) We prohibit trotlines, limblines, jugs, and slat baskets in 
refuge pools and impoundments.
    (v) We allow bow fishing in refuge impoundments and on Kentucky 
Lake.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54139, Aug. 31, 2020]



Sec.32.62  Texas.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Anahuac National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, white-winged, mourning, 
rock, and Eurasian collared-dove, and rock pigeon on designated areas of 
the refuge subject to the following conditions:
    (i) You must carry a current signed refuge hunting permit (signed 
tearsheet) while waterfowl hunting on all refuge hunt units.
    (ii) Season dates for waterfowl will be concurrent with the State, 
except as specified in the refuge hunting permit (signed tearsheet).
    (iii) Hunters age 17 and younger must be under the direct 
supervision of an adult age 18 or older.
    (iv) For waterfowl hunting, you 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). You must leave refuge hunt units by 12:30 
p.m. For dove hunting, you may enter the refuge 1 hour before legal 
sunrise and must leave the refuge by \1/2\ hour after legal sunset. We 
close refuge hunt units on Thanksgiving, Christmas, and New Year's Day.
    (v) For waterfowl hunting, we allow hunting in portions of the East 
Unit on Saturdays, Sundays, and Tuesdays during the regular waterfowl 
seasons.
    (vi) Hunters must check in and out through the check station (FWS 
Form 3-2405) when accessing the East Unit by vehicle.
    (vii) We require hunters to remain in an assigned area for that 
day's hunt.
    (viii) We allow hunters to access designated areas of the East Unit 
by boat from Jackson Ditch, East Bay Bayou, or Onion Bayou.
    (ix) We allow hunting on the East Unit as governed by the State 
light goose conservation order. Hunt areas are by permit on a first-
come, first-served basis the morning of the hunt. We allow a maximum of 
six persons per field. Individuals in each group must set up and stay in 
their permitted area and stay within 50 feet (15 meters (m)) of each 
other unless retrieving goose.
    (x) 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.
    (xi) 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.
    (xii) We restrict motorized boats in inland waters of the Middleton 
Tract to motors of 25 horsepower or less or electric trolling motors 
during hunting season.
    (xiii) You may access hunt areas by foot, nonmotorized watercraft, 
outboard motorboat, or airboat. Airboats may not exceed 10 horsepower 
with direct drive with a propeller length of 48 inches (120 centimeters) 
or less.
    (xiv) 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 when hunting. We prohibit the operation of motorized 
boats on or through emergent wetland vegetation.
    (xv) 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 horsepower or 
less and utilizing a propeller 9 inches (22.5 centimeters) in diameter 
or less during the hunting season.
    (xvi) We allow portable blinds or temporary natural vegetation 
blinds. You must remove all blinds, decoys, boats, spent shells, marsh 
chairs, and other equipment from the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (xvii) We require a minimum distance between hunt parties of 200 
yards (180 m).

[[Page 499]]

    (xviii) We allow the use of dogs when hunting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow fishing and crabbing on designated areas 
of the refuge subject to the following conditions:
    (i) We allow fishing and crabbing only with pole and line, rod and 
reel, or handheld line. We prohibit the use any method not expressly 
allowed, including trotlines, setlines, jug lines, limb lines, bows and 
arrows, gigs, spears, or crab traps.
    (ii) We allow cast netting for bait for personal use along waterways 
in areas open to the public and along public roads.
    (iii) The conditions set forth at paragraphs (a)(1)(xiii) and (xv) 
of this section apply.
    (iv) We prohibit mooring to water control structures.
    (b) Aransas National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, coot, and merganser on 
designated areas of the refuge subject to the following conditions:
    (i) For the Matagorda Island upland units, each adult hunter age 17 
or older must possess an annual public hunting permit administered by 
the State.
    (ii) Hunting starts at the designated legal shooting time and ends 
at 12 p.m. (noon) on the Matagorda Island upland units. Hunters must 
leave upland units by 12:30 p.m. Authorized hunting on other designated 
areas begins 30 minutes before legal sunrise and ends at legal sunset.
    (iii) Hunters age 17 and younger must be under the direct 
supervision of an adult age 18 or older.
    (iv) We allow portable blinds or temporary natural vegetation 
blinds. You must remove all blinds, decoys, boats, spent shells, marsh 
chairs, and other equipment from the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (v) For the Matagorda Island upland units, we require all hunters to 
check in and out at the hunter check station located on the north end of 
the Island.
    (vi) We allow the use of dogs when hunting.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The condition set forth at paragraph (b)(1)(iii) of this section 
applies.
    (ii) On the Blackjack and Tatton Units, we allow hunting subject to 
the following conditions:
    (A) We allow sprays and other non-ingestible attractants.
    (B) For the archery and rifle season, hunters must obtain a refuge 
self-clearing permit (FWS Form 3-2405).
    (C) The annual refuge hunt brochure provides bag limits.
    (D) Hunters must field dress all harvested game in the field.
    (E) We prohibit hunting on or across any part of the refuge road 
system, or hunting from a vehicle on any refuge road or road right-of-
way. Hunters must remain at a minimum of 100 yards (90 meters) off any 
designated refuge road or structure.
    (F) We prohibit hunters using handguns during archery and rifle 
hunts.
    (G) We allow use of portable hunting stands, stalking of game, and 
still-hunting. There is a limit of two portable stands per permitted 
hunter. A hunter may set up the portable stands during the scouting day, 
but must remove them when the hunter's permit expires (see Sec.27.93 
of this chapter).
    (H) We allow the use of only biodegradable flagging tape to mark 
trails and hunt stand location during the archery and rifle hunts on the 
refuge. You must write your last name in black permanent marker on the 
first piece of flagging tape nearest the adjacent designated roadway.
    (iii) On the Matagorda Island Unit, we allow hunting subject to the 
following conditions:
    (A) The conditions set forth at paragraphs (b)(3)(ii)(A) through (H) 
of this section apply.
    (B) We require all hunters to stay in their designated stand unless 
they are retrieving game. We prohibit stalking of game.
    (C) Each adult hunter may supervise up to two youth hunters.
    (4) Sport fishing. We allow sport fishing and fishing access on 
designated areas of the refuge subject to the following conditions:

[[Page 500]]

    (i) We prohibit the use of crab traps in marshes within the boundary 
of any refuge unit.
    (ii) We allow the use of no more than two rods while fishing.
    (iii) Beginning April 15 through October 15, you may access State 
waters for fishing at areas designated in the refuge fishing brochure. 
From October 16 through April 14, we open to fishing only the area 
adjacent to the picnic area off of the fishing pier; we allow wade 
fishing access in that immediate area. You may fish all year in the 
bayside marsh unit and the Gulf side beach of Matagorda Island.
    (iv) We prohibit consumption of alcohol or possession of open 
alcohol containers while fishing.
    (c) Balcones Canyonlands National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of mourning, white-wing, rock, and 
Eurasian-collared dove on designated areas of the refuge subject to the 
following conditions:
    (i) We allow hunters in designated area(s) from 12 p.m. (noon) to 
legal sunset.
    (ii) We require refuge permits (name only).
    (iii) We allow the use of dogs to retrieve game birds during the 
hunt.
    (iv) Hunters age 17 and younger must be under the direct supervision 
of an adult age 18 or older.
    (v) Hunter may bring up to two guests. Guests may not use a hunting 
firearm. Guests must be with the hunter at all times.
    (2) Upland game hunting. We allow hunting of wild turkey on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(ii) and (iv) of 
this section apply.
    (ii) We require hunters to check in and out daily at designated 
check station(s).
    (iii) The annual refuge hunt brochure provides bag limits.
    (iv) We allow the use of all-terrain vehicles (ATVs) to retrieve 
downed game.
    (v) We allow scent attractants.
    (vi) A hunter may bring one guest. The guest may not use a hunting 
firearm or other hunting weapon (archery). The guest may assist the 
hunter in game retrieval or field dressing activities. The guest must be 
with the hunter at all times.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions: The conditions set forth at paragraphs (c)(1)(iv) and 
(c)(2)(ii) through (vi) of this section apply.
    (4) [Reserved]
    (d) Big Boggy National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) 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 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.
    (ii) Hunters 17 and younger must be under the direct supervision of 
an adult age 18 or older.
    (iii) 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 1 p.m.
    (iv) We allow motorized boats, including airboats, in open tidal 
waters. We prohibit the operation of motorized boats in shallow water 
through emergent and submergent wetland vegetation, or where bottom 
gouging would occur. We allow motorized boats to enter shallow water by 
drifting or polling, or by means of trolling motor where it does not 
cause damage to vegetation or the bottom.
    (v) You must remove all decoys, boats, spent shells, marsh chairs, 
vegetation (blind material), and other equipment from the refuge at the 
end of each day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).

[[Page 501]]

    (vi) We require a minimum distance between hunt parties of 200 yards 
(180 meters).
    (vii) We restrict vehicle access to designated roads and parking 
areas. You may access hunt units from land by foot or nonmotorized 
conveyance from designated parking areas or turn-arounds. You may access 
public waterfowl hunting areas by motorized boat from State waters, 
where applicable.
    (2)-(4) [Reserved]
    (e) Brazoria National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) 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 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.
    (ii) Hunters age 17 and younger must be under the direct supervision 
of an adult age 18 or older.
    (iii) 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 1 p.m.
    (iv) We allow hunting in the Alligator Marsh public waterfowl 
hunting area daily during the September teal season and on Saturdays, 
Sundays, and Wednesdays of the regular waterfowl season.
    (v) We allow motorized boats, including airboats, in open tidal 
waters. We prohibit the operation of motorized boats in shallow waters, 
through emergent and submergent wetland vegetation, or where bottom 
gouging would occur. We allow motorized boats to enter shallow water by 
drifting or polling, or by means of trolling motor where it does not 
cause damage to vegetation or the bottom.
    (vi) You must remove all decoys, boats, spent shells, marsh chairs, 
vegetation (blind material), and other equipment from the refuge at the 
end of each day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (vii) We require a minimum distance between hunt parties of 200 
yards (180 meters (m)).
    (viii) We allow the retrieval of downed waterfowl inside a 100-yard 
(91-m) retrieval zone west of Middle Bayou. We also allow the retrieval 
of downed waterfowl inside a 100-yard (91-m) retrieval zone around the 
portions of Alligator Lake that are open to hunting.
    (ix) We restrict vehicle access to designated roads and parking 
areas. You may access hunt units from land by foot or nonmotorized 
conveyance from designated parking areas and turn-arounds. You may 
access public waterfowl hunting areas by motorized boat from State 
waters, where applicable.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the use or possession of alcoholic beverages in all 
public fishing areas.
    (ii) We open Bastrop Bayou Fishing Pier and pull-offs to fishing 24 
hours a day.
    (iii) 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.
    (iv) The condition set forth at paragraph (e)(1)(v) of this section 
applies.
    (f) Buffalo Lake National Wildlife Refuge--(1) Migratory bird 
hunting. We allow hunting of mourning dove, white-winged dove, and 
Eurasian collared-dove on designated areas of the refuge subject to the 
following conditions:
    (i) We require hunters to obtain a Special Use Permit (FWS Form 3-
1383-G).
    (ii) Hunters age 17 and younger (``youth hunters'') must be under 
the direct supervision of an adult age 18 or older (``adult 
supervisor'').
    (iii) We limit hunting to no more than 6 days with a maximum of 12 
hunters, during the concurrent pheasant/quail season as governed by the 
State of Texas hunting season.

[[Page 502]]

    (iv) Hunting hours will be from 30 minutes before legal sunrise 
until noon.
    (v) All hunters must check in and out at refuge headquarters.
    (vi) Bag limits will be determined annually for each species, but 
will never exceed the limits set by Texas Parks and Wildlife Department 
(TPWD).
    (2) Upland game hunting. We allow hunting of ring-necked pheasant, 
northern bobwhite, and scaled quail on designated areas of the refuge 
subject to the following conditions:
    (i) The conditions set forth at paragraphs (f)(1)(ii), (iii), and 
(v) of this section apply.
    (ii) Hunting hours will be from 9 a.m. to 4:30 p.m.
    (iii) We allow only shotguns for pheasant and quail hunting.
    (3) Big game hunting. We allow hunting of white-tailed deer, mule 
deer, and feral hog on designated areas of the refuge subject to the 
following conditions:
    (i) The condition set forth at paragraph (f)(1)(ii) of this section 
applies.
    (ii) After legal sunset, hunters may be in designated camping areas 
only. We prohibit hunters in all other areas of the refuge after legal 
sunset.
    (iii) During the youth hunt, each adult supervisor may supervise 
only one youth hunter. A youth hunter may have up to two adult 
supervisors.
    (4) [Reserved]
    (g) Caddo Lake National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) The annual refuge tearsheet (signed brochure) provides season 
dates and bag limits.
    (ii) Deer archery hunters must possess and carry a signed refuge 
tearsheet (signed brochure) while hunting.
    (iii) Hunters age 17 and younger must be under the direct 
supervision of an adult age 18 or older.
    (iv) You may hunt feral hog during any established refuge hunting 
season. Refuge permits and legal weapons apply for the current hunting 
season.
    (v) We allow hunters to access the refuge no more than 2 hours 
before legal sunrise and no more than 2 hours after legal sunset.
    (vi) You may participate in the refuge firearms deer hunt only with 
a Quota Deer Hunt Permit (FWS Form 3-2439, Hunt Application--National 
Wildlife Refuge System) issued through random drawing.
    (vii) We allow the use of only 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's hunt (see Sec.27.93 
of this chapter).
    (viii) We allow all-terrain vehicles for medically documented 
disabled hunters by Special Use Permit (FWS Form 3-1383-G only).
    (4) [Reserved]
    (h) Hagerman National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of mourning dove on designated areas of the 
refuge subject to the following conditions:
    (i) You must possess and carry a signed refuge tearsheet (signed 
brochure).
    (ii) Hunters age 17 and younger must be under the direct supervision 
of an adult age 18 or older.
    (iii) We require hunters to self-check-in and self-check-out (FWS 
Form 3-2405), with the exception of Nocona Unit.
    (iv) We prohibit falconry.
    (v) We allow the use of dogs to retrieve game.
    (vi) We allow only approved nontoxic shot (see Sec.32.2(k)) for 
all hunts on the refuge.
    (vii) We prohibit hunting within 150 feet (45 meters) of any day use 
area or walking trail.
    (2) Upland game hunting. We allow hunting of fox squirrel and 
eastern cottontail rabbit in the months of January, February, and 
September on designated areas of the refuge and subject to the following 
condition: The conditions set forth at paragraphs (h)(1)(i) through 
(vii) of this section apply.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, and wild turkey on designated areas of the refuge subject to the 
following conditions:
    (i) We require a limited hunt permit (name only) for controlled 
hunts for

[[Page 503]]

archery deer, hunts for feral hog, and spring wild turkey hunts.
    (ii) We require feral hog and turkey hunters to self-check-in and 
self-check-out (FWS Form 3-2405), with the exception of Nocona Unit.
    (iii) We require controlled deer hunters to check in and out (FWS 
Form 3-2405) at the refuge check station.
    (iv) We allow muzzleloaders, bow and arrow, and shotguns for feral 
hog and spring turkey hunts. You may possess only lead-free, approved 
nontoxic (steel, bismuth, copper, or tungsten; see Sec.32.2(k)) 
bullets, slugs, and shot (00 buck for hogs, no shell larger than 4 shot 
size for turkey).
    (v) We require all hunters to check-in, show proof of personal 
identification, and produce a valid limited hunt permit (name only) 
prior to the hunt.
    (vi) We limit each hunter to one stand, which the hunter may place 
on the refuge during the day preceding each hunt. You must remove all 
stands by legal sunset on the last day of each hunt (see Sec.27.93 of 
this chapter).
    (vii) Hunters must check all game harvested during limited hunts at 
the refuge check station the same day of the kill and prior to leaving 
the refuge for the day.
    (viii) The conditions set forth at paragraphs (h)(1)(ii) and (v) of 
this section apply.
    (ix) We require proof of completion of a bow hunter education course 
for all archery deer hunting.
    (x) We require annual successful completion of an archery 
proficiency test with a score of 80 percent or higher for all deer hunt 
permit holders.
    (xi) We allow hunting only from stands or blinds, or by stalking.
    (xii) We prohibit cutting of trees or limbs greater than 1 inch (2.5 
centimeters).
    (xiii) We allow hunters with valid limited permits to place hunt 
stands on trees the day before their hunt segment begins, but they must 
first check-in at the hunter check station. They may not enter any hunt 
unit until 8 a.m., and they must leave the unit by 2 p.m. We will 
disqualify anyone in violation from hunting.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge and subject to the following conditions:
    (i) We open Lake Texoma and connected streams to bank fishing with 
pole and line, rod and reel, or hand line year-round.
    (ii) We allow wade fishing from March 15 through October 1 annually 
from all areas except Refuge Road, Wildlife Drive, Plover Road, Tern 
Road, and Egret Road.
    (iii) We allow fishing in refuge ponds from March 15 through 
September 30 annually, with the exception of Refuge Road pond, which is 
open year-round.
    (iv) We prohibit the use of glass containers, plastic jugs, and/or 
plastic bottles as floats on trotlines.
    (v) You may only take bait for personal use while fishing in refuge 
waters as governed by Texas State law.
    (vi) We allow the use of bow and arrow to take nongame fish on 
refuge waters except from Refuge Road, Wildlife Drive, Plover Road, Tern 
Road, and Egret Road.
    (vii) We prohibit limb lines, throw lines, jug lines, seine nets, 
noodling, and yo-yos.
    (viii) We prohibit taking frog, turtle, and mussel from refuge lands 
and waters (see Sec.27.21 of this chapter).
    (i) Laguna Atascosa National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, nilgai antelope, other exotic ungulates, and American alligator on 
designated areas of the refuge subject to the following conditions:
    (i) We allow the incidental take of nilgai antelope, feral hog, and 
other rarely observed exotic ungulates (such as fallow deer, axis deer, 
sika deer, Barbary sheep, and black buck) during all refuge hunts, with 
the exception of American alligator hunts.
    (ii) We require hunters to attend refuge hunter orientation before 
hunting on the refuge. We require each hunter to obtain and carry with 
them a signed and dated hunt information tearsheet (name only) in 
addition to the State hunt permit.
    (iii) Bag limits for species hunted on the refuge are provided in 
the refuge hunt tearsheet annually.
    (iv) Each hunter age 17 and younger must be under the direct 
supervision of an adult age 18 or older.

[[Page 504]]

    (v) We allow a scouting period prior to the commencement of each 
refuge hunt period. A permitted hunter and a limit of two non-permitted 
individuals may enter the hunt units during the scouting period, which 
begins after hunter orientation and ends at legal sunset. Each hunter 
must clearly display a Vehicle Validation Tag face up on the vehicle 
dashboard when scouting and hunting.
    (vi) We allow hunters to enter the refuge 1\1/2\ hours before legal 
sunrise during their permitted hunt periods. Hunters must leave the hunt 
units no later than 1 hour after State legal shooting hours.
    (vii) Hunters may access hunt units only by foot or bicycle.
    (viii) We allow hunting from portable stands or by stalking and 
still hunting. There is a limit of one blind or stand per permitted 
hunter. Hunters must attach hunter identification (permit number or 
State license number) to the blind or stand. Hunters must remove all 
blinds and stands at the end of the permitted hunt period (see Sec.
27.93 of this chapter).
    (ix) During American alligator hunts, we allow hunters to leave 
hooks set over only one night period at a time; set lines must be 
checked daily. Hunters must field dress all harvested big game in the 
field and check the game at the hunt check station before removal from 
the refuge. Hunters may use a nonmotorized cart to assist with the 
transportation of harvested game animals.
    (x) Hunters must field dress all harvested big game in the field and 
check the game at the hunt check station before removal from the refuge. 
Hunters may use a nonmotorized cart to assist with the transportation of 
harvested game animals.
    (xi) We prohibit the killing or wounding of a game animal and then 
intentionally or knowingly failing to make a reasonable effort to 
retrieve and include it in the hunter's bag limit.
    (4) Sport fishing. We allow fishing and crabbing on designated areas 
of the refuge subject to the following conditions:
    (i) We allow fishing and crabbing year-round only from Adolph Thomae 
Jr. County Park, on San Martin Lake of the Bahia Grande Unit, and on the 
South Padre Island Unit.
    (ii) We allow only 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, and 
other fishing devices at all times.
    (iii) In the Bahia Grande Unit, inside the refuge boundary on San 
Martin Lake, we allow only bank and wade fishing within a designated 
area, which may only be accessed on foot. In other waters of the Bahia 
Grande Unit, we do not allow boats or fishing inside the refuge 
boundary.
    (j) Lower Rio Grande Valley National Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of mourning, white-winged, and 
white-tipped dove on designated areas of the refuge subject to the 
following conditions:
    (i) We require hunters to obtain a hunt permit (signed brochure) and 
to possess and carry that permit at all times during your designated 
hunt period. Hunters must also display the vehicle placard (part of the 
hunt permit) while participating in the designated hunt period.
    (ii) Hunters age 17 and younger must be under the direct supervision 
of an adult age 18 or older.
    (iii) You may access the refuge during your permitted hunt period 
from 1 hour before legal hunt time to 1 hour after legal hunt time. You 
must only hunt during legal hunt hours.
    (iv) We restrict hunt participants to those listed on the refuge 
hunt permit (hunter, non-hunting chaperone, and non-hunting assistant).
    (v) We allow hunters to use bicycles on designated routes of travel.
    (vi) We allow the use of dogs to retrieve doves during the hunt.
    (2) Upland game hunting. We allow hunting of wild turkey on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (j)(1)(i) through (v) of 
this section apply.
    (ii) We allow turkey hunting during the spring season only.
    (iii) You may only harvest one bearded turkey per hunter.

[[Page 505]]

    (iv) We prohibit the killing, wounding, taking, or possession of 
game animals and then intentionally or knowingly failing to make a 
reasonable effort to retrieve or keep the edible portions of the animal 
and include it in your bag limit.
    (3) Big game hunting. We allow hunting of white-tailed deer, feral 
hog, nilgai antelope, javelina, and other exotic ungulates (as defined 
by the State of Texas to include fallow deer, axis deer, sika deer, 
Barbary sheep, and black buck) on designated areas of the refuge subject 
to the following conditions:
    (i) The conditions set forth at paragraphs (j)(1)(i) through (v) and 
(2)(iv) of this section apply.
    (ii) We allow only free-standing blinds or tripods. Hunters may set 
them up during the scouting days preceding each permitted hunt day and 
must take them down by the end of each hunt day (see Sec.27.93 of this 
chapter). Hunters must mark and tag all stands with their hunting 
license number during the period of use.
    (iii) Hunters must field-dress all harvested big game in the field.
    (iv) Hunters may use nonmotorized dollies or carts off of improved 
roads or trails to haul carcasses to a parking area.
    (v) We prohibit the use of big game decoys.
    (4) [Reserved]
    (k) McFaddin National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) 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 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.
    (ii) You must possess and carry a current signed refuge hunting 
permit (signed tearsheet) while hunting on all units of the refuge.
    (iii) Hunters age 17 and younger must be under the direct 
supervision of an adult age 18 or older.
    (iv) 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.
    (v) You may access hunt areas by foot, nonmotorized watercraft, 
outboard motorboat, or airboat. Airboats may not exceed 10 horsepower 
with direct drive with a propeller length of 48 inches (120 centimeters) 
or less. Engines may not exceed 2 cylinders and 484 cc.
    (vi) We allow hunting in the Star Lake/Clam Lake Hunt Unit daily 
during the special teal season and on Saturdays, Sundays, and Tuesdays 
of the regular waterfowl season. During the regular waterfowl season 
only, all hunters hunting the Star Lake/Clam Lake Hunt Units must 
register at the check station (FWS Form 3-2405), including those 
accessing the unit from the beach along the Brine Line or Perkins Levee.
    (vii) 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.
    (viii) We only allow hunting in the Spaced Hunt Units on Saturdays, 
Sundays, and Tuesdays of the regular waterfowl season. We allow a 
maximum of four hunters per area. Hunters must possess and carry Special 
Fee Area Permits (signed refuge tearsheet) while hunting.
    (ix) 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 at 
designated crossings or by boat from the Gulf Intracoastal Waterway via 
Mud Bayou.
    (x) On inland waters of the refuge hunt area open to motorized 
boats, we restrict the use of boats powered by air-cooled or radiator-
cooled engines to

[[Page 506]]

those powered by a single engine of 25 horsepower or less and utilizing 
a propeller 9 inches (22.5 centimeters) in diameter or less during the 
hunting season.
    (xi) We allow portable blinds and temporary natural vegetation 
blinds. You must remove all blinds, decoys, boats, spent shells, marsh 
chairs, and other equipment from the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (xii) We require a minimum distance between hunt parties, and 
between hunters and driveable roads and buildings, of 200 yards (180 
meters).
    (xiii) We allow the use of dogs when hunting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow fishing and crabbing on designated areas 
of the refuge subject to the following conditions:
    (i) We only allow fishing and crabbing with pole and line, rod and 
reel, or handheld line. We prohibit the use of any method not expressly 
allowed in inland waters, including trotlines, set lines, jug lines, 
limb lines, bows and arrows, gigs, spears, and crab traps.
    (ii) We allow cast netting for bait for personal use along waterways 
in areas open to the public and along public roads.
    (iii) The conditions set forth at paragraphs (k)(1)(v) and (x) of 
this section apply.
    (iv) We prohibit mooring to water control structures.
    (l) San Bernard National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) 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 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.
    (ii) Hunters age 17 and younger must be under the direct supervision 
of an adult age 18 or older.
    (iii) 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 1 p.m.
    (iv) We require hunters to use the Waterfowl Lottery Application 
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) for 
the Sargent Permit Waterfowl Hunt Area. Hunters must abide by all terms 
and conditions set by the permit.
    (v) We allow motorized boats, including airboats, in open tidal 
waters. We prohibit the operation of motorized boats in shallow waters, 
through emergent and submergent wetland vegetation, or where bottom 
gouging would occur. We allow motorized boats to enter shallow water by 
drifting or polling, or by means of trolling motor where it does not 
cause damage to vegetation or the bottom.
    (vi) You must remove all decoys, boats, spent shells, marsh chairs, 
vegetation (blind material), and other equipment from the refuge at the 
end of each day's hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (vii) We require a minimum distance between hunt parties of 200 
yards (180 meters).
    (viii) We restrict vehicle access to designated roads. You may 
access hunt units from land by foot or nonmotorized conveyance from 
designated parking areas or turn-arounds. You may access public 
waterfowl hunting areas by motorized boat from State waters, where 
applicable.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We prohibit the use or possession of alcoholic beverages in all 
public fishing areas.
    (ii) The condition set forth at paragraph (l)(1)(v) of this section 
applies.
    (m) Texas Point National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:

[[Page 507]]

    (i) 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 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.
    (ii) You must possess and carry a current signed refuge hunting 
permit (signed tearsheet) while hunting on all hunt units of the refuge.
    (iii) Hunters age 17 and younger must be under the direct 
supervision of an adult age 18 or older.
    (iv) 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.
    (v) 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.
    (vi) You may access hunt areas by foot, nonmotorized watercraft, 
outboard motorboat, or airboat. Airboats may not exceed 10 horsepower 
with direct drive with a propeller length of 48 inches (120 centimeters) 
or less. Engines may not exceed 2 cylinders and 484 cc.
    (vii) On inland waters of the refuge hunt area 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 horsepower or 
less and utilizing a propeller 9 inches (22.5 centimeters) in diameter 
or less during the hunting season.
    (viii) We allow portable blinds and temporary natural vegetation 
blinds. You must remove all blinds, decoys, boats, spent shells, marsh 
chairs, and other equipment from the refuge at the end of each day's 
hunt (see Sec. Sec.27.93 and 27.94 of this chapter).
    (ix) We require a minimum distance between hunt parties of 200 yards 
(180 meters).
    (x) We allow the use of dogs when hunting.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow fishing and crabbing on designated areas 
of the refuge subject to the following conditions:
    (i) We allow fishing and crabbing with pole and line, rod and reel, 
or handheld line. We prohibit the use of any method not expressly 
allowed in inland waters, including trotlines, set lines, jug lines, 
limb lines, bows and arrows, gigs, spears, and crab traps.
    (ii) We allow cast netting for bait by individuals along waterways 
in areas open to the public and along public roads.
    (iii) The conditions set forth at paragraphs (m)(1)(vi) and (vii) of 
this section apply.
    (iv) We prohibit mooring to water control structures.
    (n) Trinity River National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck on designated areas of the refuge 
subject to the following conditions:
    (i) We only allow hunting on Champion Lake by refuge lottery 
drawing.
    (ii) 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 out of the hunt area by 12 p.m. (noon).
    (iii) You must remove all blinds, decoys, shell casings, and other 
personal equipment following each hunt day (see Sec. Sec.27.93 and 
27.94 of this chapter).
    (iv) We allow the use of dogs when retrieving game.
    (v) Hunters age 17 and younger must be under the direct supervision 
of an adult age 18 or older.
    (vi) We require a minimum distance between hunt parties of 150 yards 
(135 meters).
    (2) Upland game hunting. We allow hunting for squirrel and rabbit on 
designated areas of the refuge subject to the following conditions:
    (i) We require hunters to possess a refuge permit (signed 
tearsheet). The

[[Page 508]]

hunter must carry the nontransferable permit at all times while hunting.
    (ii) We require that refuge hunters turn in the Upland/Small Game/
Furbearer Report (FWS Form 3-2362) by the date specified on the permit. 
Failure to submit the report will render the hunter ineligible for the 
next year's limited upland game hunt.
    (iii) The condition set forth at paragraph (n)(1)(v) of this section 
applies.
    (iv) We allow all-terrain vehicle use for hunters with disabilities 
in designated units.
    (v) We require a minimum distance between hunt parties of 200 yards 
(180 meters). Hunters must visibly wear 400 square inches (2,600 square 
centimeters) of hunter orange above the waist and a solid hunter-orange 
hat or cap.
    (vi) Hunters may enter the refuge no earlier than 4:30 a.m. We allow 
hunting from \1/2\ hour before legal sunrise to legal sunset only during 
the days specified on the permit.
    (vii) Hunters may place no more than one temporary stand on the 
refuge. Hunters may place the stand during the scouting week before the 
hunt begins and must remove it the day the hunt ends (see Sec.27.93 of 
this chapter). Hunters must label blinds with the name of the permit 
holder. We prohibit hunting or erection of blinds on refuge roads or 
mowed/maintained trails.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We require a refuge permit (signed refuge tearsheet) and Big 
Game Harvest Report (FWS Form 3-2359). Hunters must turn in both forms 
by the date specified on the permit. Failure to submit the Big Game 
Harvest Report will render the hunter ineligible for the next year's 
limited big game hunt. Drawings are by lottery. The hunter must carry 
the nontransferable permit at all times while hunting.
    (ii) The conditions set forth at paragraphs (n)(1)(v) and (n)(2)(iv) 
through (vii) of this section apply.
    (iii) We allow hunting during a designated 23-day archery season.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We only allow fishing with pole and line, rod and reel, or hand-
held line.
    (ii) We prohibit the use of trotlines, setlines, bows and arrows, 
gigs, spears, fish traps, crab/crawfish traps, and/or nets.
    (iii) We prohibit the harvesting of frog or turtle (see Sec.27.21 
of this chapter).
    (iv) We allow fishing from legal sunrise to legal sunset.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54140, Aug. 31, 2020]



Sec.32.63  Utah.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bear River Migratory Bird Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and tundra swan on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit hunting or shooting within 100 yards (90 meters (m)) 
of refuge roads, parking areas, and observation platforms.
    (ii) We allow airboats only in Refuge Unit 9 and Block C.
    (iii) We close for the spring and extended season goose hunts.
    (iv) We prohibit archery hunting on the refuge.
    (v) You may enter the refuge 2 hours before legal sunrise and must 
exit the refuge by 2 hours after legal sunset.
    (2) Upland game hunting. We allow hunting of pheasant on designated 
areas of the refuge subject to the following condition: We prohibit 
hunting or taking of pheasants 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 that its 
total capacity does not exceed three shells.
    (3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We open to fishing year-round.

[[Page 509]]

    (ii) You may fish only in designated areas west of the Auto Tour 
Road access gate from legal sunrise to legal sunset.
    (b) Fish Springs National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of coot, duck, goose, mourning dove, and snipe 
on designated areas of the refuge subject to the following conditions:
    (i) We allow the use of dogs when hunting.
    (ii) You may construct temporary blinds. You must remove all blinds 
constructed out of materials other than vegetation at the end of each 
day's hunt (see Sec.27.93 of this chapter).
    (iii) We allow the use of small boats (15 feet or less) when 
hunting. We prohibit gasoline motors and air boats.
    (iv) You may enter the refuge 2 hours prior to legal sunrise and 
must exit the refuge by 1\1/2\ hours after legal sunset.
    (v) You must remove decoys, boats, vehicles, and other personal 
property from the refuge at the end of each day's hunt (see Sec.27.93 
of this chapter).
    (vi) We have a special blind area for use by disabled hunters. We 
prohibit trespass for any reason by any individual not registered to use 
that area.
    (2) Upland game hunting. We allow hunting of chukar, desert rabbit, 
and mountain rabbit on designated areas of the refuge subject to the 
following conditions:
    (i) We close to hunting on January 31.
    (ii) We allow the use of dogs when hunting.
    (3) Big game hunting. We allow hunting of mule deer and pronghorn 
antelope on designated areas of the refuge subject to the following 
condition: We only allow archery equipment when hunting big game.
    (4) [Reserved]
    (c) Ouray National Wildlife Refuge--(1) Migratory game bird hunting. 
We allow hunting of duck, coot, and goose on designated areas of the 
refuge subject to the following condition: During hunting season, the 
refuge is open from 1\1/2\ hours before legal sunrise to 1\1/2\ hours 
after legal sunset.
    (2) Upland game hunting. We allow hunting of pheasant and turkey on 
designated areas of the refuge subject to the following conditions:
    (i) You may possess only approved nontoxic shot (see Sec.32.2(k)) 
while hunting turkey in the field.
    (ii) We allow turkey hunting for youth hunters only.
    (3) Big game hunting. We allow hunting of deer and elk on designated 
areas of the refuge subject to the following conditions:
    (i) You must remove all tree stands and blinds no later than the 
last day of the hunting season for which you have a permit (see Sec.
27.93 of this chapter).
    (ii) We allow any-legal-weapon elk hunting for youth, disabled, and 
depredation pool hunters during State seasons.
    (iii) We close for the general any-legal-weapon (rifle) and 
muzzleloader bull elk hunts.
    (iv) We allow any-legal-weapon elk hunting during limited late 
season antlerless elk hunts starting on December 1 during State seasons.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) 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.
    (ii) You must release unharmed any of the following four endangered 
fish if caught: Razorback sucker, Colorado pikeminnow, humpback chub, 
and bonytailed chub.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54141, Aug. 31, 2020]



Sec.32.64  Vermont.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Missisquoi National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, brant, merganser, coot, 
woodcock, and snipe on designated areas of the refuge subject to the 
following conditions:
    (i) In the Delta Lakeshore Area:
    (A) We prohibit blind staking and unattended decoys.
    (B) We prohibit jumpshooting within 200 yards of a party hunting 
from a boat or blind.
    (ii) In the Maquam Shore Area:

[[Page 510]]

    (A) We do not require a refuge permit to hunt or scout in this area.
    (B) We prohibit jumpshooting within 200 yards (183 meters) of a 
party hunting from a boat or blind.
    (iii) In the Saxes Pothole/Creek and Shad Island Pothole:
    (A) This is a controlled hunting area. We require a refuge permit 
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) to 
hunt in this area.
    (B) Each hunting party must possess and carry a permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) for the 
specific zone on the specific day they are hunting in this area. Permits 
are not transferable.
    (C) You must use a dog to retrieve migratory game birds.
    (iv) In the Junior Waterfowl Hunting Area:
    (A) This is a controlled hunting area. We require a refuge permit 
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) to 
hunt in this area.
    (B) Each junior hunter must possess and carry a permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) for the 
assigned blind site and day. On Mentor Day, mentors must also possess 
and carry this 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.
    (C) Shooting hours end at 11 a.m.
    (v) In the Long Marsh Channel and Metcalfe Island:
    (A) This is a controlled hunting area. We require a refuge permit 
(FWS Form 3-2439, Hunt Application--National Wildlife Refuge System) to 
hunt in this area.
    (B) We limit hunting to Tuesdays, Thursdays, and Saturdays 
throughout the waterfowl hunting season for duck.
    (C) Each hunting party must possess and carry a permit for the blind 
on the specific day they are hunting in this area. Permits are not 
transferable.
    (D) Shooting hours end at 11 a.m.
    (E) You must use a dog to retrieve migratory game birds.
    (F) We close this area to waterfowl hunting during split seasons 
when geese are the only waterfowl that hunters may legally take.
    (vi) In the Maquam Swamp Area:
    (A) We prohibit blind staking and unattended decoys.
    (B) You must use a dog to retrieve migratory game birds.
    (vii) In all hunting areas, we allow the use of dogs consistent with 
State regulations.
    (2) Upland game hunting. We allow hunting of cottontail rabbit, 
snowshoe hare, ruffed grouse, and gray squirrel on designated areas of 
the refuge subject to the following conditions:
    (i) You must obtain a signed refuge hunt brochure (signed brochure) 
at refuge headquarters prior to hunting, and you must hold a valid State 
hunting license.
    (ii) We only allow shotguns or muzzleloaders on open areas east of 
the Missisquoi River and on Shad Island.
    (iii) We prohibit hunting from the end of snowshoe hare and rabbit 
season through September 1.
    (iv) On the Eagle Point Unit, conditions in paragraphs (a)(2)(i) 
through (iii) of this section do not apply.
    (v) The condition set forth at paragraph (a)(1)(vii) of this section 
applies.
    (3) Big game hunting. We allow hunting of white-tailed deer, moose, 
bear, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) You must obtain a signed refuge hunt brochure (signed brochure) 
at refuge headquarters prior to hunting, and you must hold a valid State 
hunting license.
    (ii) 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.
    (iii) You may use portable tree stands as governed by State 
regulations guiding their use on State wildlife management areas with 
the following exception: We allow only one tree stand or ground blind 
for each signed refuge hunt brochure (signed brochure) we issue.
    (iv) On the Eagle Point Unit, we allow hunting subject to the 
following conditions:

[[Page 511]]

    (A) You may use portable tree stands as governed by State 
regulations guiding their use on State wildlife management areas.
    (B) We allow training of dogs during the regular hunting seasons as 
governed by State regulations. We allow dog training outside the regular 
hunting seasons (i.e., from June 1 through July 31) only with a Special 
Use Permit (Permit Application Form: National Wildlife Refuge System 
General Special Use, FWS Form 3-1383-G).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow sport fishing (including bow fishing) by boat and ice 
fishing in designated areas with the following exceptions:
    (A) We close the following areas: Goose Bay, Saxes Creek and 
Pothole, Metcalfe Island Pothole, Long Marsh Channel, and Clark Marsh.
    (B) We close the following areas from Labor Day to December 31: Long 
Marsh Bay and Long Marsh Channel.
    (ii) We allow bank fishing along designated areas of Charcoal Creek.
    (iii) We prohibit taking fish with firearms within refuge 
boundaries.
    (iv) 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).
    (b) Silvio O. Conte National Fish and Wildlife Refuge--(1) Migratory 
game bird hunting. We allow hunting of duck, goose, crow, and American 
woodcock on designated areas of the refuge subject to the following 
conditions:
    (i) We allow disabled hunters to hunt from a vehicle that is at 
least 10 feet from the traveled portion of the refuge road if the hunter 
possesses a State-issued disabled hunting license and a Special Use 
Permit (FWS Form 3-1383-G) issued by the refuge manager.
    (ii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of coyote, fox, raccoon, 
bobcat, woodchuck, red squirrel, eastern gray squirrel, porcupine, 
skunk, snowshoe hare, eastern cottontail, and ruffed grouse on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) and (ii) of 
this section apply.
    (ii) Shooting from, over, or within 10 feet of the traveled portion 
of any gravel road is prohibited.
    (iii) We require hunters hunting at night to possess a Special Use 
Permit (FWS Form 3-1383-G) issued by the refuge manager.
    (3) Big game hunting. We allow hunting of white-tailed deer, moose, 
black bear, and wild turkey on designated areas of the refuge subject to 
the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) and (b)(2)(ii) 
of this section apply.
    (ii) You may use portable tree stands and/or blinds. You must 
clearly label your tree stands and/or blinds with your hunting license 
number.
    (iii) You may retrieve moose at the Nulhegan Basin Division with the 
use of a commercial moose hauler, if the hauler possesses a Special Use 
Permit (FWS Form 3-1383-C) issued by the refuge manager.
    (4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54141, Aug. 31, 2020]



Sec.32.65  Virginia.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Back Bay National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and 
feral hog on designated areas of the refuge subject to the following 
conditions:
    (i) We allow scouting on designated days prior to the start of each 
refuge hunt period. Hunters may enter the hunt zones on foot, on 
bicycle, or through transportation provided by the refuge only.
    (ii) Hunters may go to Hunt Zone 1 (Long Island) only by hand-
launched watercraft (canoe, punt, rowboat, and similar watercraft) from 
the canoe launch at refuge headquarters. We prohibit use of trailers.
    (iii) We prohibit retrieval of wounded game from a ``No Hunting 
Area'' or

[[Page 512]]

``Safety Zone'' without the consent of the refuge employee on duty at 
the check station.
    (iv) We prohibit the use of tree stands, except on Long Island (Hunt 
Zone 1).
    (v) We prohibit the use of pursuit dogs while hunting white-tailed 
deer.
    (4) Sport fishing. We allow sport fishing, noncommercial crabbing, 
and clamming on designated areas of the refuge subject to the following 
conditions:
    (i) We close all areas within the hunting zones, as well as the 
oceanfront, to fishing, crabbing, and clamming during the annual refuge 
white-tailed deer and feral hog hunt.
    (ii) You may surf fish, crab, and clam south of the refuge's beach 
access ramp. We allow night surf fishing by Special Use Permit (FWS Form 
3-1383-G) in this area on dates and at times designated on the permit.
    (iii) For sport fishing in D Pool:
    (A) We only allow fishing from the docks or banks in D Pool. We 
prohibit boats, canoes, and kayaks on D Pool.
    (B) We prohibit hooks other than barbless or flattened.
    (C) You must catch and release all freshwater game fish. The daily 
creel limit for D Pool for other species is a maximum combination of any 
10 nongame fish.
    (D) Parking for non-ambulatory anglers is available adjacent to the 
dock at D Pool. All other anglers must enter the area by foot or 
bicycle.
    (b) Chincoteague National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of waterfowl and rail on designated areas of 
the refuge subject to the following conditions:
    (i) You must obtain and possess a signed refuge hunt permit (FWS 
Form 3-2439, Hunt Application--National Wildlife Refuge System) while 
hunting on the refuge.P(ii) You may only access hunting areas 
by boat.
    (iii) We prohibit hunting on Assawoman and Metompkin Islands' beach 
and dune habitats beginning March 15.
    (iv) We allow the use of dogs consistent with State regulations.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and sika 
in designated areas of the refuge subject to the following conditions:
    (i) We allow holders of a signed refuge hunt permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) to access areas 
of the refuge typically closed to the nonhunting public. All occupants 
of a vehicle or hunt party must possess a refuge hunt permit and be 
actively engaged in hunting. We allow an exception for those persons 
aiding a disabled person who possesses a valid State-issued Commonwealth 
of Virginia Disabled Resident Lifetime License or Commonwealth of 
Virginia Resident Disabled Veteran's Lifetime License.
    (ii) You may not hunt within 100 feet (30.5 meters) of any building.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) You may not hunt, discharge a firearm, or nock an arrow or 
crossbow bolt within 50 feet (15.2 meters) of the centerline of any 
road, whether improved or unimproved, or paved trail.
    (v) We prohibit the use of pursuit dogs while hunting white-tailed 
deer and sika.
    (4) Sport fishing. We allow sport fishing, crabbing, and clamming 
from the shoreline of the refuge in designated areas subject to the 
following conditions:
    (i) You must attend minnow traps, crab traps, crab pots, and 
handlines at all times.
    (ii) We prohibit the use of seine nets and pneumatic (compressed air 
or otherwise) bait launchers.
    (iii) The State regulates certain species of finfish, shellfish, and 
crustacean (crab) using size or possession limits. You may not alter 
these species, to include cleaning or filleting, in such a way that we 
cannot determine its species or total length.
    (iv) In order to fish after the refuge closes for the day, anglers 
must obtain an overnight fishing pass (name/address/phone) issued by the 
National Park Service. Anglers can obtain a

[[Page 513]]

pass in person at the National Park Service Tom's Cove Visitor Center.
    (v) We allow only three surf fishing poles per licensed angler, and 
those poles must be attended at all times. This includes persons age 65 
or older who are license-exempt in Virginia.
    (c) Eastern Shore of Virginia National Wildlife Refuge. (1)-(2) 
[Reserved]
    (3) Big game hunting. We allow archery and shotgun hunting of white-
tailed deer on designated areas of the refuge subject to the following 
conditions:
    (i) We allow holders of a signed refuge hunt permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) to access areas 
of the refuge typically closed to the nonhunting public. All occupants 
of a vehicle or hunt party must possess a refuge hunt permit and be 
actively engaged in hunting. We allow an exception for those persons 
aiding a disabled person who possesses a valid State-issued Commonwealth 
of Virginia Disabled Resident Lifetime License or Commonwealth of 
Virginia Resident Disabled Veteran's Lifetime License.
    (ii) You must sign in before entering the hunt zone and sign out 
upon leaving the zone.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) You may not hunt, discharge a firearm, or nock an arrow or 
crossbow bolt outside of the designated hunting areas.
    (v) We only allow shotguns loaded with buckshot during the firearm 
season.
    (vi) We prohibit the use of pursuit dogs while hunting white-tailed 
deer.
    (4) [Reserved]
    (d) Elizabeth Hartwell Mason Neck National Wildlife Refuge. (1)-(2) 
[Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a signed refuge permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
    (ii) We only allow shotguns with slugs during the firearm season.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) We prohibit the use of pursuit dogs while hunting deer.
    (v) Hunters must certify and qualify weapons and ammunition at a 
refuge-approved range and view the refuge orientation session online 
prior to issuance of a refuge permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System).
    (4) [Reserved]
    (e) Great Dismal Swamp National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer and bear 
on designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a signed refuge permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System).
    (ii) We prohibit the use of pursuit dogs while hunting white-tailed 
deer and bear.
    (4) Sport fishing. We allow sport fishing in designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing in Lake Drummond from a boat (maximum 25 
horsepower) and from the piers at Washington Ditch and Interior Ditch.
    (ii) We prohibit bank fishing on the refuge, with the exception 
noted in paragraph (e)(4)(i) of this section.
    (iii) We require permits (Special Use Permit (FWS Form 3-1383-G)) 
for vehicular access to the boat ramp on Interior Ditch Road on the west 
side of Lake Drummond.
    (f) James River National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require hunters to possess and carry a refuge hunting permit 
(FWS

[[Page 514]]

Form 3-2439, Hunt Application--National Wildlife Refuge System).
    (ii) We require persons who wish to hunt during the refuge's archery 
season to obtain a refuge hunting permit through a lottery administered 
by the Virginia Department of Game and Inland Fisheries.
    (iii) We require that, during firearms and muzzleloader seasons, 
hunters remain within 100 feet (30 meters (m)) of their assigned stand 
while hunting.
    (iv) We require that hunters using a muzzleloader must hunt from a 
stand elevated 10 feet (3 m) or more above the ground.
    (v) We prohibit the use of pursuit dogs while hunting white-tailed 
deer.
    (4) [Reserved]
    (g) Mackay Island National Wildlife Refuge. Refer to Sec.32.52(e) 
for regulations.
    (h) Occoquan Bay National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) You must possess and carry a signed refuge permit (FWS Form 3-
2439, Hunt Application--National Wildlife Refuge System) and be selected 
in the refuge lottery to hunt.
    (ii) We only allow shotguns with slugs during the firearm season.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iv) We prohibit the use of pursuit dogs while hunting deer.
    (v) Hunters must certify and qualify weapons and ammunition at a 
refuge-approved range and view the refuge orientation session online 
prior to issuance of a refuge permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System).
    (4) [Reserved]
    (i) Plum Tree Island National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of migratory waterfowl, gallinule, and 
coot on designated areas of the refuge subject to the following 
conditions:
    (i) We require migratory game bird hunters to obtain and carry a 
permit through a lottery administered by the Virginia Department of Game 
and Inland Fisheries.
    (ii) You must hunt from a blind, as assigned by the hunting permit.
    (iii) We allow the use of dogs consistent with State regulations.
    (2)-(4) [Reserved]
    (j) Presquile National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require big game hunters to obtain a permit through a lottery 
administered by the Virginia Department of Game and Inland Fisheries.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (iii) We allow shotgun hunting on designated days as indicated on 
refuge hunting permits, in the State hunting guide, and on the refuge 
website.
    (iv) We require hunters to dock their boats at designated locations 
on the refuge.
    (v) We prohibit the use of pursuit dogs while hunting white-tailed 
deer.
    (4) [Reserved]
    (k) Rappahannock River Valley National Wildlife Refuge. (1)-(2) 
[Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We require big game hunters to obtain a permit (FWS Form 3-2439, 
Hunt Application--National Wildlife Refuge System).
    (ii) We prohibit the use of pursuit dogs while hunting white-tailed 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing access each day from legal sunrise to legal 
sunset.
    (ii) During the period when the refuge is open for hunting, we close 
hunting areas to all other uses, including sport fishing.

[[Page 515]]

    (iii) We allow fishing only by use of one or more attended poles 
with hook and line attached. We prohibit all other fishing methods and 
means.
    (iv) We prohibit the use of lead fishing tackle in freshwater ponds, 
including Wilna Pond and Laurel Grove Pond.
    (v) We require catch-and-release fishing for largemouth bass in 
freshwater ponds, including Wilna Pond and Laurel Grove Pond. Anglers 
may take other finfish species as governed by State regulations.
    (vi) We prohibit the use of minnows as bait.
    (vii) We prohibit use of boats propelled by gasoline motors, sail, 
or mechanically operated paddle wheel while fishing.
    (l) Wallops Island National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) You must obtain and carry a signed refuge big game hunt brochure 
while hunting.
    (ii) 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 legal 
shooting hours.
    (iii) You must report all harvested animals on the sign-out sheet at 
the hunter registration station when signing out.
    (iv) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (v) We prohibit the use of pursuit dogs while hunting white-tailed 
deer.
    (4) [Reserved]

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54141, Aug. 31, 2020]



Sec.32.66  Washington.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Billy Frank Jr. Nisqually National Wildlife Refuge--(1) 
Migratory game bird hunting. We allow hunting of goose, duck, and coot 
on designated areas of the refuge subject to the following conditions:
    (i) We allow hunters to possess and carry no more than 25 shells 
while hunting in the field.
    (ii) Hunters may access the hunt areas by boat only.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow fishing and shellfishing on designated 
areas of the refuge subject to the following conditions:
    (i) We prohibit bank fishing within the refuge along the Nisqually 
River and McAllister Creek.
    (ii) We prohibit shellfishing (clams, oysters, mussels) on the 
tideflats.
    (iii) We prohibit tidal flat and marsh access from refuge trails.
    (b) Columbia National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and snipe on designated 
areas of the refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters) of any maintained building or Federal facility, such as, but not 
limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) We only allow portable blinds and temporary blinds constructed 
of nonliving natural materials. Hunters must remove all decoys and other 
equipment at the end of each day's hunt (see Sec.27.93 of this 
chapter).
    (iii) We allow hunting only on Wednesdays, Saturdays, Sundays, and 
Federal holidays on Marsh Unit 1 and Farm Units 226 and 227.
    (2) Upland game hunting. We allow hunting of upland game birds on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (b)(1)(i) of this section 
applies.
    (ii) We allow hunting from 12 p.m. (noon) to legal sunset on 
Wednesdays, Saturdays, Sundays, and Federal holidays in Marsh Unit 1.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:

[[Page 516]]

    (i) The condition set forth at paragraph (b)(1)(i) of this section 
applies.
    (ii) We allow hunting with shotgun, muzzleloader, and archery only.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) On waters open to fishing, we allow fishing only from April 1 to 
September 30, except that we allow fishing year-round on Falcon, Heron, 
Goldeneye, Corral, Blythe, Chukar, and Scaup Lakes.
    (ii) We allow frogging during periods when we allow fishing on 
designated waters.
    (c) Conboy Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and snipe on designated 
areas of the refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters) of any maintained building or Federal facility, such as, but not 
limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) Hunters must remove all decoys and other equipment at the end 
of each day's hunt (see Sec.27.93 of this chapter).
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions: The condition set 
forth at paragraph (c)(1)(i) of this section applies.
    (4) [Reserved]
    (d) Dungeness National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow saltwater fishing on designated areas of 
the refuge.
    (e) Hanford Reach National Monument/Saddle Mountain National 
Wildlife Refuge--(1) Migratory game bird hunting. We allow hunting of 
goose, duck, coot, dove, and snipe on designated areas of the monument/
refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters) of any maintained building or Federal facility, such as, but not 
limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) Hunters must remove all decoys and other equipment at the end 
of each day's hunt (see Sec.27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of pheasant, quail, grey 
partridge, and chukar partridge on designated areas of the monument/
refuge subject to the following conditions: The conditions set forth at 
paragraphs (e)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow hunting of deer and elk on designated 
areas of the monument/refuge subject to the following conditions:
    (i) We allow sport hunting of deer and elk on the Saddle Mountain, 
Ringold, and Wahluke (East) units of the monument/refuge subject to the 
following conditions:
    (A) The condition set forth at paragraph (e)(1)(i) of this section 
applies.
    (B) We allow hunting with shotgun, muzzleloader, and archery only.
    (ii) We allow population control hunting of elk on the Rattlesnake 
Unit of the monument/refuge subject to the following conditions:
    (A) We prohibit overnight camping, overnight parking, and smoking.
    (B) We require elk population control hunters to participate in a 
Service-directed, hunt-specific training session each year prior to 
hunting. Hunters must check-in and out at a refuge check station and 
fill out and display the Self-Clearing check-In Permit (Form 3-2405) on 
the dashboards of their vehicles.
    (C) We allow hunting with modern firearms only.
    (D) We allow authorized vehicles only on designated roads and only 
in designated parking areas.
    (E) We prohibit the use of bicycles and carts.
    (F) We allow hunting Monday through Friday only.
    (G) All hunt assistants must check-in and out at a refuge check 
station and be under the supervision of the permitted hunter at all 
times. All hunt assistants must fill out and display the Self-Clearing 
check-In Permit (Form 3-2405) on the dashboards of their vehicles.
    (H) We allow foot access only beyond designated roads and parking 
areas.
    (I) We prohibit retrieval of animals outside the hunt area without 
prior Service approval.
    (4) Sport fishing. We allow sport fishing on the designated areas of 
the

[[Page 517]]

monument/refuge subject to the following condition: We allow access from 
legal sunrise to legal sunset, except that we allow access to the 
Wahluke Unit's White Bluffs boat launch from 2 hours before legal 
sunrise until 2 hours after legal sunset for launch and recovery 
activities only.
    (f) Julia Butler Hansen Refuge for the Columbian White-Tailed Deer--
(1) Migratory game bird hunting. We allow hunting of goose, duck, coot, 
and common snipe on designated areas of the refuge subject to the 
following conditions:
    (i) You must remove all personal property, including decoys and 
boats, by 1 hour after legal sunset (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (ii) We open the refuge for hunting access from 1\1/2\ hours before 
legal sunrise until 1\1/2\ hours after legal sunset.
    (iii) We allow the use of dogs when hunting.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of elk on designated areas of 
the refuge subject to the following conditions:
    (i) We allow hunting on Mondays through Fridays only. We close the 
refuge to hunting on weekends and Federal holidays.
    (ii) We allow a maximum of 10 hunters to use the refuge in any one 
day, with one hunt period consisting of 5 consecutive days.
    (iii) We allow hunting of elk using muzzleloading firearms only.
    (iv) We require hunters to attend a refuge-specific orientation 
session each year prior to hunting on the refuge.
    (v) 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 or failure, and any hit-but-not-retrieved animals on the Big 
Game Harvest Report (FWS Form 3-2359).
    (vi) Additional persons may assist hunters during elk retrieval 
only. No more than one unlicensed person may assist each licensed hunter 
during the hunt or during elk retrieval.
    (vii) We prohibit hunters from operating motorized vehicles on the 
refuge.
    (4) Sport fishing. We allow bank fishing on designated areas of the 
refuge.
    (g) Little Pend Oreille National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of migratory game birds on designated 
areas of the refuge subject to the following conditions:
    (i) We allow hunting September through December.
    (ii) We allow the use of dogs when hunting.
    (2) Upland game hunting. We allow hunting of upland game and small 
game on designated areas of the refuge subject to the following 
conditions:
    (i) We allow hunting September through December, and during the 
spring wild turkey season.
    (ii) During the spring turkey season, we prohibit hunting of all 
species except wild turkey.
    (iii) We allow the use of dogs when hunting, with the exception of 
raccoon.
    (3) Big Game Hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following conditions: The condition 
set forth at paragraph (g)(1)(i) of this section applies.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (h) McNary National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, dove, and snipe on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters) of any maintained building or Federal facility, such as, but not 
limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) Hunters must remove all decoys and other equipment at the end 
of each day's hunt (see Sec.27.93 of this chapter).
    (iii) On the McNary Fee Hunt Area (McNary Headquarters Unit), we 
allow hunting subject to the following conditions:
    (A) The McNary Fee Hunt Area (McNary Headquarters Unit) is only open 
on Wednesdays, Saturdays, Sundays, Thanksgiving Day, and New Year's Day.
    (B) We require hunters to possess and carry a special refuge permit 
(signed refuge brochure).
    (C) We allow hunting only from assigned areas.

[[Page 518]]

    (iv) On the Peninsula Unit, we allow hunting subject to the 
following condition: On the east shoreline of the Peninsula Unit, we 
allow hunting only from established numbered blind sites, assigned on a 
first-come, first-served basis, and we require hunters to remain within 
100 feet (30 meters) of marked posts unless retrieving birds or setting 
decoys.
    (2) Upland game hunting. We allow hunting of upland game birds on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (h)(1)(i) of this section 
applies.
    (ii) On the McNary Fee Hunt Area (McNary Headquarters Unit), we 
allow hunting on Wednesdays, Saturdays, Sundays, Thanksgiving Day, and 
New Year's Day from 12 p.m. (noon) to the end of State legal hunting 
hours.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (h)(1)(i) of this section 
applies.
    (ii) On the Stateline and Juniper Canyon Units, we allow hunting 
with modern firearms, shotgun, muzzleloader, and archery.
    (iii) On the Peninsula, Two-Rivers, and Wallula Units, we allow 
hunting with archery and shotgun only.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (i) Ridgefield National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) You may not shoot or discharge any firearm from, across, or 
along any designated route of travel, including pedestrian trails.
    (ii) We close the refuge to goose hunting when the dusky Canada 
goose harvest reaches the quota posted at the refuge.
    (iii) We allow hunting on designated portions of the River ``S'' 
Unit on Tuesdays, Thursdays, and Saturdays, excluding Federal holidays, 
during the regular State waterfowl hunting season.
    (iv) Prior to entering the hunt area, you must check in at the 
refuge check station, and obtain a Migratory Bird Hunt Report (FWS Form 
3-2361). You must carry the Migratory Bird Hunt Report while hunting as 
proof of blind assignment and user fee payment.
    (v) We allow access to the refuge check station 2 hours before legal 
shooting time. We require hunters to depart the refuge no later than 1 
hour after legal shooting time.
    (vi) We allow hunting only from designated permanent blinds.
    (vii) We allow a maximum of three persons per hunting blind.
    (viii) We prohibit additional hunters to join a hunt party after the 
party has checked in.
    (ix) We allow the use of dogs when hunting.
    (x) Prior to switching blinds, you must first report to the refuge 
check station to obtain a new blind assignment. You must submit an 
accurate Migratory Bird Hunt Report (FWS Form 3-2361) for the blind 
being vacated, and obtain a new Migratory Bird Hunt Report for the new 
blind.
    (xi) Prior to leaving the hunt area, you must check out at the 
refuge check station, submit an accurate Migratory Bird Hunt Report (FWS 
Form 3-2361), and present all harvested birds for inspection by check 
station personnel.
    (xii) We reserve Blind 1A for exclusive use by hunters with 
permanent disabilities who qualify for a valid State Disabled Hunter 
Permit or America the Beautiful access pass, and their nonhunting 
assistants.
    (2)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing and frogging on designated 
areas of the refuge subject to the following conditions:
    (i) We allow fishing and frogging from March 1 through September 30 
only.
    (ii) We allow fishing and frogging from legal sunrise to legal 
sunset only.
    (j) San Juan Islands National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (k) Toppenish National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, dove, and snipe on 
designated areas of the refuge subject to the following conditions:

[[Page 519]]

    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters (m)) of any maintained building or Federal facility, such as, but 
not limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) We allow only portable blinds and temporary blinds constructed 
of nonliving natural materials. Hunters must remove all decoys and other 
equipment at the end of each day's hunt (see Sec.27.93 of this 
chapter).
    (iii) On the Pumphouse, Petty, Isiri, Chamber, and Chloe Units, we 
allow hunting 7 days a week subject to the following condition: We 
require a minimum distance between hunt parties of 200 yards (180 m).
    (iv) On the Halvorson and Webb Units, we allow hunting only on 
Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day.
    (v) On the Robbins Road Unit, we allow hunting only on Tuesdays, 
Thursdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day.
    (vi) On the Robbins Road and Pumphouse Units, we allow hunting only 
from numbered field blind sites. 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.
    (2) Upland game hunting. We allow hunting of upland game birds on 
designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (k)(1)(i) of this section 
applies.
    (ii) We allow hunting of upland game birds from 12 p.m. (noon) to 
legal sunset of each hunt day.
    (iii) On the Halvorson and Webb Units, we allow hunting only on 
Wednesdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day.
    (iv) On the Robbins Road Unit, we allow hunting only on Tuesdays, 
Thursdays, Saturdays, Sundays, Thanksgiving Day, Christmas Day, and New 
Year's Day.
    (3)-(4) [Reserved]
    (l) Turnbull National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of duck, goose, and coot on designated areas 
of the refuge subject to the following conditions:
    (i) We allow hunting during the State youth season in September.
    (ii) We allow hunting from the beginning of the regular waterfowl 
seasons through November 30 by youths (younger than age 16) on Saturday 
and Sunday only. An adult, age 18 or older, must accompany and supervise 
youth hunters. We allow the supervising adult(s) to hunt.
    (iii) We allow the use of dogs when hunting.
    (iv) Hunters may access the refuge no earlier than 2 hours before 
legal hunting hours and must leave no later than 1 hour after legal 
hunting hours.
    (v) Hunters may hunt only from within 50 yards of posted hunting 
sites.
    (vi) Hunting parties are restricted to a maximum of two youths and 
two accompanying adults per hunting site.
    (vii) We allow the use of nonmotorized boats for hunting.
    (viii) We only allow the use of portable blinds and temporary blinds 
constructed of manmade materials.
    (ix) Hunters must remove all blinds, decoys, and other personal 
equipment from the refuge at the end of each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (x) We allow migratory game bird hunting with shotguns only.
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of elk on designated areas of 
the refuge subject to the following conditions:
    (i) Hunters must obtain a letter from the refuge manager assigning 
them a hunt unit.
    (ii) Hunters may access the refuge no earlier than 2 hours before 
State legal shooting time and must leave no later than 5 hours after the 
end of State legal hunting hours.
    (iii) Hunters not using approved nontoxic ammunition (see Sec.
32.2(k)) must remove or bury the visceral remains of harvested animals.
    (4) [Reserved]
    (m) Umatilla National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, dove, and snipe on 
designated areas of

[[Page 520]]

the refuge subject to the following conditions:
    (i) We prohibit discharge of any firearm within \1/4\ mile (396 
meters) of any maintained building or Federal facility, such as, but not 
limited to, a structure designed for storage, human occupancy, or 
shelter for animals.
    (ii) Hunters must remove all decoys and other equipment at the end 
of each day's hunt (see Sec.27.93 of this chapter).
    (iii) On the Paterson and Whitcomb Units, we allow hunting only on 
Wednesdays, Saturdays, Sundays, and all Federal holidays within the 
State season.
    (iv) On the Ridge Unit, we allow only shoreline hunting; we prohibit 
hunting from boats.
    (2) Upland game hunting. We allow hunting of upland game birds on 
designated areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (m)(1)(i) and (iii) of 
this section apply.
    (ii) On the Whitcomb Island Unit, we only allow hunting of upland 
game from 12 p.m. (noon) to the end of State legal hunting hours.
    (3) Big game hunting. We allow hunting of deer on designated areas 
of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (m)(1)(i) of this section 
applies.
    (ii) We allow hunting by special permit only (issued by the State).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (n) Willapa National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, and snipe on designated 
areas of the refuge subject to the following conditions:
    (i) In the designated goose hunt area in the Riekkola Unit, hunters 
may take ducks, coots, and snipe only incidental to hunting geese.
    (ii) We open the refuge for hunting access from 1\1/2\ hours before 
legal sunrise until 1\1/2\ hours after legal sunset.
    (iii) We allow the use of dogs when hunting.
    (iv) You must remove all personal property, including decoys and 
boats, by 1 hour after legal sunset (see Sec. Sec.27.93 and 27.94 of 
this chapter).
    (2) Upland game hunting. We allow hunting of forest grouse (sooty 
and ruffed) on designated areas of the refuge subject to the following 
conditions:
    (i) We allow archery hunting only.
    (ii) The condition set forth at paragraph (n)(1)(ii) of this section 
applies.
    (3) Big game hunting. We allow hunting of deer, elk, and bear on 
designated areas of the refuge subject to the following conditions:
    (i) At Long Island, we allow only archery hunting; we prohibit 
hunting firearms.
    (ii) We prohibit bear hunting on any portion of the refuge except 
Long Island.
    (iii) We prohibit the use of centerfire or rimfire rifles within the 
Lewis, Porter Point, and Riekkola Units.
    (iv) The condition set forth at paragraph (n)(1)(ii) of this section 
applies.
    (v) You may leave your tree stand(s) in place for 3 days. You must 
label your tree stand(s) with your hunting license number and the date 
you set up the stand. You may set up stands 1\1/2\ hours before legal 
sunrise. You must remove your tree stand(s) and all other personal 
property from the refuge by 1\1/2\ hours after legal sunset on the third 
day (see Sec.27.93 of this chapter).
    (vi) At Leadbetter Point, we allow hunting of elk only during the 
State early muzzleloader season, and by special permit in consultation 
with the State.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54142, Aug. 31, 2020]



Sec.32.67  West Virginia.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Canaan Valley National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, rail, coot, gallinule, 
mourning dove, snipe, and woodcock on designated areas of the refuge 
subject to the following conditions:
    (i) We require each hunter to possess and carry a signed refuge 
hunting brochure (signed brochure).

[[Page 521]]

    (ii) Hunters may enter the refuge 1 hour before legal sunrise and 
must exit the refuge, including parking areas, no later than 1 hour 
after legal sunset.
    (iii) We prohibit overnight parking except by Special Use Permit 
(FWS Form 3-1383-G) on Forest Road 80.
    (iv) We allow the use of dogs consistent with State regulations.
    (v) We prohibit dog training except during legal hunting seasons.
    (2) 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 subject to the following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i), (iv) and (v) 
of this section apply.
    (ii) You may hunt coyote, raccoon, opossum, skunk, and fox at night, 
but you must obtain a Special Use Permit (FWS Form 3-1383-G) at the 
refuge headquarters before hunting.
    (iii) We only allow hunting in the No Rifle Zones with the following 
equipment: Archery (including crossbow), shotgun, or muzzleloader.
    (iv) We prohibit the hunting of upland game species from March 1 
through August 31.
    (3) Big game hunting. We allow the hunting of white-tailed deer, 
black bear, and turkey on designated areas of the refuge subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (a)(1)(i) and (iv) and 
(a)(2)(iii) of this section apply.
    (ii) We allow the use of dogs for hunting black bear during the gun 
season.
    (iii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the use of lead 
fishing tackle on designated areas of the refuge.
    (b) Ohio River Islands National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of migratory game birds on designated 
areas of the refuge subject to the following conditions:
    (i) We require each hunter to possess and carry a signed refuge 
hunting brochure (signed brochure).
    (ii) Hunters may enter the refuge 1 hour before legal sunrise and 
must exit the refuge, including parking areas, no later than 1 hour 
after legal sunset.
    (iii) We allow the use of dogs consistent with State regulations.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas of the refuge subject to the following condition: The 
conditions set forth at paragraphs (b)(1)(i), (ii), and (iii) of this 
section apply.
    (3) Big game hunting. We allow hunting of big game on designated 
areas of the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) and (ii) of 
this section apply.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from 1 hour before legal sunrise until 1 hour 
after legal sunset. This restriction does not apply to off-shore 
fishing.
    (ii) We prohibit trotlines (setlines) and turtle lines.

[85 FR 54143, Aug. 31, 2020]



Sec.32.68  Wisconsin.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Fox River National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge and subject to the following conditions:
    (i) Hunters must remove all stands from the refuge following each 
day's hunt (see Sec.27.93 of this chapter). We

[[Page 522]]

prohibit hunting from any stand left up overnight.
    (ii) Hunters may enter the refuge no earlier than 1 hour before 
legal shooting hours and must exit the refuge no later than 1 hour after 
legal shooting hours end.
    (iii) Any ground blind used during any gun deer season must display 
at least 144 square inches (929 square centimeters) of solid, blaze-
orange material visible from all directions.
    (4) [Reserved]
    (b) Green Bay National Wildlife Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) You must remove all stands from the refuge following each day's 
hunt (see Sec.27.93 of this chapter). We prohibit hunting from any 
stand left up overnight.
    (ii) Hunters may enter the refuge no earlier than 1 hour before 
legal shooting hours and must exit the refuge no later than 1 hour after 
legal shooting hours end.
    (iii) Any ground blind used during any gun deer season must display 
at least 144 square inches (929 square centimeters) of solid, blaze-
orange material visible from all directions.
    (iv) We require hunters to possess a permit (FWS Form 3-1383-G) for 
deer hunting on Plum Island.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We only allow fishing from 
the shoreline; we prohibit fishing from docks, piers, and other 
structures.
    (c) Hackmatack National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following condition: You must remove all 
boats, decoys, blinds, blind materials, stands, platforms, and other 
hunting equipment (see Sec. Sec.27.93 and 27.94 of this chapter) 
brought onto the refuge at the end of each day's hunt.
    (2) Upland game hunting. We allow upland game and turkey hunting on 
designated areas of the refuge subject to the following conditions:
    (i) For hunting, you may use or possess only approved nontoxic shot 
shells while in the field, including shot shells used for hunting wild 
turkey (see Sec.32.2(k)).
    (ii) You must remove all boats, decoys, blinds, blind materials, 
stands, platforms, and other hunting equipment (see Sec. Sec.27.93 and 
27.94 of this chapter) brought onto the refuge at the end of each day's 
hunt.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the refuge subject to the following conditions:
    (i) You must remove all boats, decoys, blinds, blind materials, 
stands, platforms, and other hunting equipment (see Sec. Sec.27.93 and 
27.94 of this chapter) brought onto the refuge at the end of each day's 
hunt.
    (ii) We prohibit organized deer drives. We define a ``deer drive'' 
as an organized or planned effort to pursue, drive, chase, or otherwise 
frighten or cause deer to move in the direction of any person(s) who is 
part of the organized or planned hunt and known to be waiting for the 
deer.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following condition: We prohibit the taking of 
turtle and frog (see Sec.27.21 of this chapter).
    (d) Horicon National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of goose, duck, coot, common moorhen, and 
American woodcock on designated areas of the refuge subject to the 
following condition: We allow only participants in the Learn to Hunt and 
other special programs to hunt goose, duck, coot, and common moorhen.
    (2) Upland game hunting. We allow hunting of wild turkey, ring-
necked pheasant, gray partridge, ruffed grouse, squirrel, cottontail 
rabbit, snowshoe hare, raccoon, opossum, striped skunk, red fox, gray 
fox, coyote, and bobcat on designated areas of the refuge subject to the 
following conditions:
    (i) For hunting, you may use or possess only approved nontoxic shot 
shells while in the field, including shot shells used for hunting wild 
turkey (see Sec.32.2(k)).

[[Page 523]]

    (ii) We prohibit night hunting from \1/2\ hour after legal sunset 
until \1/2\ hour before legal sunrise the following day.
    (iii) We allow the use of dogs while hunting upland game (except 
raccoon, opossum, striped skunk, red fox, gray fox, coyote, and bobcat), 
provided the dog is under the immediate control of the hunter at all 
times.
    (iv) Coyote, red fox, gray fox, and bobcat hunting begins on the 
first day of the traditional 9-day gun deer season.
    (v) Coyote hunting ends on the last day of the season for fox.
    (vi) You may only hunt striped skunk and opossum during the season 
for raccoon.
    (vii) You may only hunt snowshoe hare during the season for 
cottontail rabbit.
    (viii) Hunters may enter the refuge no earlier than 1 hour before 
legal shooting hours and must exit the refuge no later than 1 hour after 
legal shooting hours.
    (3) Big game hunting. We allow hunting of white-tailed deer and 
black bear in designated areas of the refuge subject to the following 
conditions:
    (i) Hunters must remove all stands and personal property from the 
refuge following each day's hunt (see Sec. Sec.27.93 and 27.94 of this 
chapter). We prohibit hunting from any stand left up overnight.
    (ii) We prohibit hunting bear with dogs.
    (iii) Hunters must possess a refuge permit (FWS Form 3-2439, Hunt 
Application--National Wildlife Refuge System) to hunt in Area E 
(surrounding the office/visitor center).
    (iv) Hunters may enter the refuge no earlier than 1 hour before 
legal shooting hours and must exit the refuge no later than 1 hour after 
legal shooting hours.
    (v) Any ground blind used during any gun deer season must display at 
least 144 square inches (929 square centimeters) of solid-blaze-orange 
or fluorescent pink material visible from all directions.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We only allow bank fishing or fishing through the ice.
    (ii) We prohibit the use of fishing weights or lures containing 
lead.
    (e) Leopold Wetland Management District--(1) 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 and on the Wilcox WPA in 
Waushara County, subject to the following conditions:
    (i) We allow the use of hunting dogs, provided the dog is under the 
immediate control of the hunter at all times.
    (ii) You must remove boats, decoys, and blinds at the conclusion of 
each day (see Sec.27.93 of this chapter).
    (2) Upland game hunting. We allow hunting of upland game throughout 
the district, except that we prohibit hunting on the Blue-wing WPA in 
Ozaukee County and on the Wilcox WPA in Waushara County, subject to the 
following conditions:
    (i) The condition set forth at paragraph (e)(1)(i) of this section 
applies.
    (ii) For hunting, you may use or possess only approved nontoxic shot 
shells (see Sec.32.2(k)) while in the field, including shot shells 
used for hunting wild turkey.
    (3) Big game hunting. We allow hunting of big game throughout the 
district, except that we prohibit hunting on the Blue-wing WPA in 
Ozaukee County and on the Wilcox WPA in Waushara County, subject to the 
following condition: Any ground blind used during any gun deer season 
must display at least 144 square inches (929 square centimeters) of 
solid, blaze-orange material visible from all directions.
    (4) Sport fishing. We allow sport fishing on WPAs throughout the 
district.
    (f) Necedah National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following condition: We allow the use of dogs 
while hunting migratory game birds, provided the dog is under the 
immediate control of the hunter at all times.
    (2) Upland game hunting. We allow hunting of wild turkey, ruffed 
grouse, gray squirrel, fox squirrel, cottontail rabbit, snowshoe hare, 
and raccoon on

[[Page 524]]

designated areas of the refuge subject to the following conditions:
    (i) For wild turkey hunting, you may use or possess only approved 
nontoxic shot shells (see Sec.32.2(k)) while in the field.
    (ii) During the spring turkey season, we allow unarmed hunters who 
have a valid 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 the State turkey hunting permit.
    (iii) We open Refuge Area 3 to hunting after the State deer gun 
season through the end of the respective State seasons or until February 
28, whichever occurs first.
    (iv) We allow the use of dogs while hunting upland game (except 
raccoon), provided the dog is under the immediate control of the hunter 
at all times.
    (v) You may only hunt snowshoe hare during the season for cottontail 
rabbit.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We prohibit possession of a loaded firearm or a nocked arrow on 
a bow within 50 feet (15 meters (m)) of the centerline of all public 
roads. 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.
    (ii) You may use portable elevated devices, but you 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).
    (iii) You must clearly mark all non-natural blinds, stands, 
platforms, and ladders on the exterior with the hunter's State hunting 
license number in letters that are at least 1 inch (2.5 centimeters) 
high. You may also use an attached metal tag with stamped or engraved 
lettering that is clearly visible.
    (iv) We open Refuge Area 2 to deer hunting during State archery, 
gun, and muzzleloader seasons, except for any early antlerless-only 
hunts.
    (v) We open Refuge Area 3 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.
    (vi) You may use clothespins marked with flagging or reflective 
material. We prohibit all other types of marking. You must clearly 
identify the hunter's State hunting license number on the clothes pin or 
the flagging itself. You must remove all clothes pins by the last day of 
archery season (see Sec. Sec.27.93 and 27.94 of this chapter).
    (vii) 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.
    (viii) Any ground blind used during any gun deer season must display 
at least 144 square inches (929 square centimeters) of solid-blaze-
orange material visible from all directions.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow use of nonmotorized boats in Sprague-Goose pools only 
when we open these pools to fishing.
    (ii) We allow motorized boats in Suk Cerney Pool.
    (iii) We allow fishing by hook and line only.
    (g) St. Croix Wetland Management District--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas 
throughout the district subject to the following conditions:
    (i) We prohibit hunting on designated portions posted as closed of 
the St. Croix Prairie Waterfowl Production Area (WPA) and the Prairie 
Flats-- South WPA in St. Croix County.
    (ii) We close the Oak Ridge WPA in St. Croix County to hunting from 
the opening day of waterfowl season until the first Saturday in 
December, except that we allow deer hunting during regular archery, gun, 
and muzzleloader seasons.
    (2) Upland game hunting. We allow hunting of upland game on 
designated areas throughout the district subject to the following 
conditions:

[[Page 525]]

    (i) The conditions set forth at paragraphs (g)(1)(i) and (ii) of 
this section apply.
    (ii) For hunting, you may use or possess only approved nontoxic shot 
shells (see Sec.32.2(k)) while in the field, including shot shells 
used for hunting wild turkey.
    (3) Big game hunting. We allow hunting of big game on designated 
areas throughout the district subject to the following condition: We 
prohibit hunting on designated portions of the St. Croix Prairie WPA and 
the Prairie Flats--South WPA in St. Croix County.
    (4) Sport fishing. We allow sport fishing on WPAs throughout the 
district.
    (h) Trempealeau National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of migratory game birds on designated areas of 
the refuge subject to the following conditions:
    (i) We allow hunting of duck, merganser, goose, coot, mourning dove, 
sora, Virginia rail, woodcock, snipe, and crow on refuge lands north of 
the main channel of the Trempealeau River and north of State Highway 35/
54, subject to the following conditions:
    (A) We allow only the use of portable or temporary blinds.
    (B) We allow the use of dogs while hunting migratory game birds, 
provided the dog is under the immediate control of the hunter at all 
times.
    (ii) We allow hunting of duck, merganser, goose, and coot on refuge 
lands south of the main channel of the Trempealeau River and south of 
State Highway 35/54, subject to the following condition: We require a 
refuge permit.
    (2) Upland game hunting. We allow hunting of wild turkey, ruffed 
grouse, ring-necked pheasant, bobwhite quail, Hungarian partridge, 
sharp-tailed grouse, coyote, gray and red fox, bobcat, raccoon, snowshoe 
hare, cottontail rabbit, and gray and red squirrel on designated areas 
of the refuge subject to the following conditions:
    (i) We allow upland game hunting only on refuge land north of the 
main channel of the Trempealeau River and north of State Highway 35/54.
    (ii) We allow only the use of portable or temporary blinds.
    (iii) We allow the use of dogs while hunting upland game birds, 
provided the dog is under the immediate control of the hunter at all 
times.
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) On refuge land south of the main channel of the Trempealeau 
River and south of State Highway 35/54:
    (A) We prohibit the use of rifles for deer hunting.
    (B) We allow white-tailed deer hunting only by refuge permit.
    (ii) On refuge land north of the main channel of the Trempealeau 
River and north of State Highway 35/54:
    (A) We allow white-tailed deer hunting during the State archery, 
muzzleloader, and firearms seasons.
    (B) We allow hunting during the youth gun deer hunt and the gun hunt 
for hunters with disabilities as governed by State regulations.
    (4) Sport fishing. We allow fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing only from legal sunrise to legal sunset.
    (ii) We allow boats propelled by hand or electric motors only on 
refuge pools. We do not prohibit the possession, only the use, of other 
watercraft motors.
    (iii) We prohibit harvest of turtle (see Sec.27.21 of this 
chapter).
    (iv) We prohibit night-lighting, archery, spearing, or netting of 
fish.
    (i) Upper Mississippi River National Wildlife and Fish Refuge. Refer 
to Sec.32.42(r) for regulations.
    (j) Whittlesey Creek National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of waterfowl on designated areas of the 
refuge subject to the following conditions:
    (i) We allow only the use of portable or temporary blinds.
    (ii) 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 (see Sec. Sec.27.93 and 27.94 of this chapter).
    (2) [Reserved]
    (3) Big game hunting. We allow hunting of white-tailed deer on 
designated areas of the refuge subject to the following conditions:
    (i) We allow archery deer hunting to take place on refuge lands 
owned by

[[Page 526]]

the Service that constitute tracts greater than 20 acres (8 hectares).
    (ii) Hunters may construct ground blinds entirely of dead vegetation 
from refuge lands.
    (iii) Hunters must remove all stands and blinds from the refuge at 
the end of each day's hunt (see Sec. Sec.27.93 and 27.94 of this 
chapter).
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) We allow fishing from legal sunrise to legal sunset only.
    (ii) We prohibit the taking of any mussel (clam), crayfish, frog, 
leech, or turtle species by any method on the refuge (see Sec.27.21 of 
this chapter).

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54144, Aug. 31, 2020]



Sec.32.69  Wyoming.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Bamforth National Wildlife Refuge. (1) [Reserved]
    (2) Upland game hunting. We allow hunting of chukar, grey partridge, 
pheasant, rabbit, sharp-tailed grouse, and turkey on designated areas of 
the refuge.
    (3) Big game hunting. We allow hunting of pronghorn antelope, mule 
deer, and white-tailed deer on designated areas of the refuge.
    (4) [Reserved]
    (b) Cokeville Meadows National Wildlife Refuge--(1) Migratory game 
bird hunting. We allow hunting of dove, duck, dark goose, coot, 
merganser, light goose, snipe, Virginia rail, Sora rail, sandhill crane, 
and mourning dove on designated areas of the refuge subject to the 
following conditions:
    (i) We allow the use of dogs when hunting.
    (ii) Hunters may only access the refuge 1 hour before legal sunrise 
until 1 hour after legal sunset.
    (2) Upland game hunting. We allow hunting of blue grouse, ruffed 
grouse, chukar partridge, gray partridge, cottontail rabbit, snowshoe 
hare, squirrel (red, gray, and fox), red fox, raccoon, and striped skunk 
on designated areas of the refuge subject to the following conditions:
    (i) The condition set forth at paragraph (b)(1)(ii) of this section 
applies.
    (ii) We allow the use of dogs to find and retrieve legally harvested 
upland game birds, cottontail rabbits, and squirrels. You may not use 
dogs to chase red fox, raccoon, striped skunk, or any other species not 
specifically allowed in this paragraph (b)(2)(ii).
    (iii) Licensed migratory bird, big game, or upland/small game 
hunters may harvest red fox, raccoon, and striped skunk on the refuge 
from September 1 until the end of the last open big game, upland bird, 
or small game season. You must possess, and remove from the refuge, all 
red fox, raccoon, and striped skunk that you harvest on the refuge.
    (3) Big game hunting. We allow hunting of elk, mule deer, white-
tailed deer, pronghorn, and moose subject to the following condition: 
The condition set forth at paragraph (b)(1)(ii) of this section applies.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (c) Hutton Lake National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow youth hunting of goose, duck, coot, and merganser on 
designated areas of the refuge during the Wyoming Zone C2 ``special 
youth waterfowl hunting days'' subject to the following conditions:
    (i) We allow the use of dogs when hunting.
    (ii) We prohibit the cleaning of game on the refuge.
    (2) Upland game hunting. We allow hunting of chuker, grey partridge, 
pheasant, rabbit, sharp-tailed grouse, and turkey on designated areas of 
the refuge subject to the following conditions:
    (i) The conditions set forth at paragraphs (c)(1)(i) and (ii) of 
this section apply.
    (ii) We allow hunting November 1 through March 1.
    (3) Big game hunting. We allow hunting of pronghorn antelope and 
mule deer on designated areas of the refuge subject to the following 
condition: We allow hunting November 1 through March 1.
    (4) [Reserved]

[[Page 527]]

    (d) National Elk Refuge. (1)-(2) [Reserved]
    (3) Big game hunting. We allow hunting of elk and bison on 
designated areas of the refuge subject to the following conditions:
    (i) We require refuge permits (issued by State of Wyoming).
    (ii) We prohibit shooting from or across refuge roads and parking 
areas.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge.
    (e) Pathfinder National Wildlife Refuge--(1) (1) Migratory game bird 
hunting. We allow hunting of dove, goose, duck, and coot on designated 
areas of the refuge.
    (2) Upland game hunting. We allow hunting of sage grouse and 
cottontail rabbit on designated areas of the refuge.
    (3) Big game hunting. We allow hunting of pronghorn antelope and 
deer on designated areas of the refuge.
    (4) [Reserved]
    (f) Seedskadee National Wildlife Refuge--(1) Migratory game bird 
hunting. We allow hunting of dark goose, duck, coot, merganser, dove, 
snipe, and rail on designated areas of the refuge subject to the 
following conditions:
    (i) 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.
    (ii) We allow the use of dogs when hunting.
    (iii) You must only use portable blinds or blinds constructed from 
dead and downed wood.
    (iv) You must remove portable blinds, tree stands, decoys, and other 
personal equipment from the refuge after each day's hunt (see Sec. Sec.
27.93 and 27.94 of this chapter).
    (2) Upland game hunting. We allow hunting of sage grouse, cottontail 
rabbit, jackrabbit, raccoon, fox, and skunk on designated areas of the 
refuge subject to the following condition: The conditions set forth at 
paragraphs (f)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow hunting of pronghorn, mule deer, 
white-tailed deer, elk, and moose on designated areas of the refuge 
subject to the following condition: The condition set forth at paragraph 
(f)(1)(i) section applies.
    (4) Sport fishing. We allow sport fishing on designated areas of the 
refuge subject to the following conditions:
    (i) The condition set forth at paragraph (f)(1)(i) of this section 
applies.
    (ii) We prohibit taking of mollusk, crustacean, reptile, and 
amphibian from the refuge (see Sec.27.21 of this chapter).

[84 FR 47675, Sept. 10, 2019, as amended at 85 FR 54144, Aug. 31, 2020]



Sec.32.70  Guam.

    The following refuge units are open for hunting and/or fishing as 
governed by applicable Federal and State regulations, and are listed in 
alphabetical order with additional refuge-specific regulations.
    (a) Guam National Wildlife Refuge. (1)-(3) [Reserved]
    (4) Sport fishing. We allow sport fishing and collection of marine 
life on designated areas of the refuge as governed by Government of Guam 
laws and regulations and subject to the following conditions:
    (i) We open the refuge to anglers from 8:30 a.m. until 5 p.m. each 
day year-round, except on Thanksgiving, Christmas, and New Year's Day, 
when we close to all public entry.
    (ii) You may not possess surround or gill nets on the refuge.
    (iii) We prohibit use of Self Contained Underwater Breathing 
Apparatus (SCUBA) to take fish or invertebrates.
    (b) [Reserved]



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.

[[Page 528]]



Sec.34.1  Purpose.

    The purpose of the regulations contained in this part is to 
prescribe the procedures for making payments in lieu of taxes to 
counties for areas administered by the Secretary through the U.S. Fish 
and Wildlife Service in accordance with the Revenue Sharing Act.



Sec.34.2  Authority.

    (a) The Act of October 17, 1978, Pub. L. 95-469, amended the Act of 
June 15, 1935, as amended by the Act of August 30, 1964 (78 Stat. 701; 
16 U.S.C. 715s), by revising the formula and extending the revenue 
sharing provisions to all fee and reserve areas that are administered 
solely or primarily by the Secretary through the U.S. Fish and Wildlife 
Service. Payments under this Act may be used for any governmental 
purpose.
    (b) Pursuant to title VI of the Civil Rights Act of 1964 (78 Stat. 
252; 42 U.S.C. 2000d), and the regulations issued pursuant thereto, 
which are contained in 43 CFR part 17, counties must file an assurance 
with the Department, comply with the terms of the assurances, and comply 
with regulations contained in 43 CFR part 17 in order to continue to 
receive this Federal financial assistance.



Sec.34.3  Definitions.

    (a) The term fee area means any area which was acquired in fee by 
the United States and is administered, either solely or primarily, by 
the Secretary through the Service.
    (b) The term reserve area means any area of land withdrawn from the 
public domain and administered, either solely or primarily, by the 
Secretary through the Service. For the purpose of these regulations, 
reserve areas also include lands in Hawaii, the Commonwealth of Puerto 
Rico, Guam, and the Virgin Islands, which were initially administered by 
the United States through Act of Congress, Executive Order, Public Land 
Order or Proclamation of the President and administered, either solely 
or primarily, by the Secretary through the Service.
    (c) The term county means any county, parish, organized or 
unorganized borough, township or municipality, or other unit of local 
government that is the primary collector for general purpose real 
property taxes where fee areas and/or reserve areas are located. For the 
purpose of sharing revenues, the Commonwealth of Puerto Rico, Guam, and 
the Virgin Islands shall each be treated as a county.
    (d) The term fund means the revenues received by the Service from 
(1) the sale or disposition of animals, salmonoid carcasses and eggs, 
products of the soil (including, but not limited to, timber, hay, and 
grass), minerals, shells, sand, and gravel; (2) leases for public 
accommodations or facilities incidental to, but not in conflict with, 
the basic purpose of such areas; and (3) other privileges, including 
industrial leases at Crab Orchard National Wildlife Refuge, Illinois, as 
authorized by Section 8 of Pub. L. 95-616, approved October 27, 1978. 
The Service may pay from such fund any necessary expenses incurred in 
connection with the revenue producing and revenue sharing activity. The 
fund shall also include any appropriations authorized by the Act to make 
up any difference between the total amount of receipts after payments of 
expenses and the total amount of payments due the counties.
    (e) The term net receipts means the amount of revenue collected by 
the Service from an area (including fee land and/or reserve land) after 
the deduction of necessary expenses incurred in producing the particular 
revenues.
    (f) The term fair market value means the amount in terms of money 
for which in all probability a property would be sold if exposed for 
sale in the open market by a seller who is willing but not obligated to 
sell, allowing a reasonable time to find a buyer who is willing but not 
obligated to buy, both parties having full knowledge of all the 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

[[Page 529]]

through the Fish and Wildlife Service, including wildlife refuges, 
waterfowl production areas, wildlife ranges, wildlife management areas, 
fish hatcheries, research centers or stations, and administrative sites, 
and these areas must be solely or primarily administered by the Service. 
In addition to this Act, reserve areas administered solely or primarily 
by the Service are entitlement lands under section 6(a) of the Act of 
October 29, 1976 (Pub. L. 94-565, 31 U.S.C. 1601-1607), for which 
regulations are published in title 43, part 1880, Code of Federal 
Regulations.



Sec.34.5  Distribution of revenues.

    The Act provides that the Secretary, at the end of each fiscal year, 
shall pay to each county out of the fund:
    (a) For reserve areas, an amount equal to 25 per centum of the net 
receipts, collected by the Secretary in connection with the operation 
and management of such area, provided that when any such area is 
situated in more than one county, the distributive share to each from 
the aforesaid receipts shall be proportional to its acreage of such 
reserve area.
    (b) For fee areas, whichever of the following is greater:
    (1) An amount equal to 75[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:

[[Page 530]]



                           For a Typical Acre
Assessed value--
  $100 x 80 mills County................................      $8     80%
  $100 x 20 mills School District.......................      $2     20%
                                                         ---------------
 Total..................................................     $10    100%
 

    Here again, the county would receive the total payment, keep 80 
percent and pass through 20 percent to the school district.


Counties shall distribute the payment to eligible local units of 
government within 90 days from receipt of the payment. In the event a 
county cannot make the required distribution for reasons of State or 
local law, or otherwise, the Service will make the payments directly to 
local units of government upon return of the check and information upon 
which to make the payments.
    (d) Each county which receives a payment under these regulations 
shall maintain a record for a period of three years as to how the 
payment was distributed to units of local government under paragraph (c) 
of this section. The record shall be available for inspection by the 
regional director, should a dispute arise as to the distribution of 
payments. See Sec.29.21-2(c) for a listing of the regional directors 
of the Service.



Sec.34.6  Schedule of appraisals.

    The Secretary shall make fair market value appraisals of areas 
administered by the Service within five years after October 17, 1978, 
beginning with areas established earliest. All areas for which payments 
were not authorized prior to fiscal year 1979 (i.e.; fish hatcheries, 
administrative sites, and research stations) shall be included in the 
areas appraised during the first fiscal year. Once appraised, areas 
shall be reappraised on a schedule of at least once every five years. 
Until areas are appraised, the fair market value for the purposes of 
this regulation shall be the adjusted cost as of September 30, 1978, 
except that fee lands added to such areas after that date shall be on 
the basis of fair market value.



Sec.34.7  Fair market value appraisals.

    Fee areas administered by the Service will be appraised in 
accordance with standard appraisal procedures in order to estimate the 
fair market value of each area as a whole. The evaluation will be 
premised on an appropriate determination of highest and best use in 
accordance with existing or potential zoning, the present condition of 
the land and the general economic situation in the vicinity. Standard 
appraisal techniques will involve a market data comparison of these 
areas with similar properties which have sold recently in the local 
market. These techniques may also include consideration of potential 
income and development of the cost approach for special use properties 
having limited marketability. An appropriate evaluation of these areas 
will also take into consideration a discount for size as recognized by 
the market for large properties where applicable. The appraisals will be 
accomplished by the regional director, using Service staff appraisers or 
private appraisers contracted by the Service.

The Act requires that improvements placed upon the land after the date 
of Federal Acquisition be excluded from the fair market value. The only 
structures that will be included in the appraisal are those that were 
present at the time of Federal acquisition and have not been the subject 
of substantial renovation or modification with Federal funds. Evaluation 
of improvements will be based on their contributory value to the area as 
determined by the highest and best use study. Lands occupied by 
improvements not subject to appraisal will be valued as though 
unimproved.

The appraisals will be reviewed by the Service's review appraisers and 
the determination of the regional director as to fair market value shall 
be final and conclusive and shall be the basis for computation of 
revenue sharing payments.



Sec.34.8  Appropriations authorized.

    The Act authorizes appropriations to the fund for any fiscal year 
when the 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

[[Page 531]]

administered solely or primarily by the Service.
    (b) Any affected county may protest the results of the computations 
of its payments to the regional director in charge of the State and 
county affected. See Sec.29.21-2(c) for a listing of the regional 
directors of the Service.
    (c) Any protesting county shall submit sufficient evidence to show 
error in the computation or the data from which the computations are 
made.
    (d) All protests to the regional director shall be filed within 90 
days from the date of receipt of the payment.
    (e) The regional director shall consult with the affected county to 
resolve conflicts in the computations and/or data. The regional director 
shall make a determination as to the correct payment, which 
determination shall be final and conclusive.



PART 35_WILDERNESS PRESERVATION AND MANAGEMENT--Table of Contents



                         Subpart A_General Rules

Sec.
35.1 Definitions.
35.2 Objectives.
35.3 General regulations.
35.4 Appropriations and personnel.
35.5 Commercial enterprises, roads, motor vehicles, motorized equipment, 
          motorboats, aircraft, mechanical transport, structures, and 
          installations.
35.6 Public use.
35.7 Control of wildfires, insects, pest plants, and disease.
35.8 Forest management.
35.9 Livestock grazing.
35.10 Controlled burning.
35.11 Scientific uses.
35.12 Water rights.
35.13 Access to State and private lands.
35.14 Special regulations.

Subpart B--Special Regulations for Specific National Wildlife Refuge 
Wilderness [Reserved]

    Authority: 78 Stat. 890; 16 U.S.C. 1131-1136; 43 U.S.C. 1201.

    Source: 36 FR 25426, Dec. 31, 1971, unless otherwise noted.



                         Subpart A_General Rules



Sec.35.1  Definitions.

    As used in the rules and regulations in this subchapter:
    National Wildlife Refuge System means all lands, waters, and 
interests therein administered by the U.S. Fish and Wildlife Service as 
national wildlife refuges, wildlife ranges, game ranges, wildlife 
management areas, waterfowl production areas, and areas for the 
protection and conservation of fish and wildlife which are threatened 
with extinction.
    National Wilderness Preservation System means the units designated 
as wilderness by the Congress under the provisions of the Wilderness Act 
(supra).
    Wilderness Units shall mean areas in the National Wildlife Refuge 
System that have been designated by Act of Congress as units of the 
National Wilderness Preservation System.
    Secretary means the Secretary of the Interior.
    Director means the Director of the U.S. Fish and Wildlife Service.



Sec.35.2  Objectives.

    (a) Units of the National Wildlife Refuge System have been 
established by divers legal means and are administered for a variety of 
wildlife program purposes. The establishment of each wilderness unit is 
within and supplemental to the purposes for which a specific unit of the 
National Wildlife Refuge System was established and is administered. 
Each wilderness shall be administered for such other purposes for which 
the national wildlife refuge was established and shall be also 
administered to preserve its wilderness character.
    (b) Except as otherwise provided by law, wilderness areas shall be 
devoted to the public purposes of recreational, scenic, scientific, 
educational, conservation, and historical use and shall be administered 
in such a manner as will leave them unimpaired for future use and 
enjoyment as wilderness.



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

[[Page 532]]

do not conflict with provisions of the Wilderness Act or Act of Congress 
which establishes the wilderness unit.



Sec.35.4  Appropriations and personnel.

    No appropriation shall be made available for the payment of expenses 
or salaries for the administration of a wilderness unit as a separate 
entity nor shall any appropriation be made available for additional 
personnel solely for the purpose of managing or administering areas 
because they are included within the National Wilderness Preservation 
System.



Sec.35.5  Commercial enterprises, roads, motor vehicles, motorized 
equipment, motorboats, aircraft, mechanical transport, structures, 
and installations.

    Except as specifically provided and subject to existing private 
rights, there shall be no commercial enterprise and no permanent road 
within a wilderness unit, and except as necessary to meet minimum 
requirements for the administration of the area (including measures 
required in emergencies involving the health and safety of persons 
within the area), there shall be no temporary road, no use of motor 
vehicles, motorized equipment or motorboats, no landing of aircraft, no 
other form of mechanized transport, and no structure or installation 
within any such area.
    (a) The Director may authorize occupancy and use of a national 
wildlife refuge by officers, employees, agencies, and agents of Federal, 
State, and county governments to carry out the purposes of the 
Wilderness Act and the Act establishing the wilderness and will 
prescribe conditions under which motorized equipment, mechanical 
transport, aircraft, motorboats, installations, or structures may be 
used to meet the minimum requirements for authorized activities to 
protect and administer the wilderness. The Director may also prescribe 
the conditions under which such equipment, transport, aircraft, 
installations, or structures may be used in emergencies involving the 
health and safety of persons, damage to property, violations of civil 
and criminal law, or other purposes.
    (b) The Director may permit, subject to such restrictions as he 
deems desirable, the landing of aircraft and the use of motorized 
equipment at places within a wilderness where such uses were established 
prior to the date the wilderness was designated by Act of Congress as a 
unit of the National Wilderness Preservation System.



Sec.35.6  Public use.

    Public uses of a wilderness unit will be in accordance with the 
purposes for which the individual national wildlife refuge was 
established and is administered and laws and regulations governing 
public uses within the National Wildlife Refuge System.
    (a) When public uses are authorized within a wilderness unit, the 
Refuge Manager may regulate such use. Regulating will include limiting 
the numbers of persons allowed in the wilderness at a given time, 
imposing restrictions on time, seasons, kinds and location of public 
uses, requiring a permit or reservation to visit the area, and similar 
actions.
    (b) All persons entering a wilderness unit will be required to 
remove such materials as they carry in.
    (c) Informational signs for the convenience of visitors will not be 
permitted in a wilderness unit; however, rustic directional signs for 
vistor safety may be installed in locations appropriate to a wilderness 
setting.
    (d) Limited public use facilities and improvements may be provided 
as necessary for the protection of the refuge and wilderness and for 
public safety. Facilities and improvements will not be provided for the 
comfort and convenience of wilderness visitors.
    (e) Public services and temporary structures generally offered by 
packers, outfitters, and guides for realizing the recreational or other 
wilderness purposes of a wilderness may be permitted. Temporary 
installations and structures which existed for these subsistence 
purposes under valid special 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

[[Page 533]]

and services will be controlled through regulations and special use 
permits issued by the Refuge Manager so as to provide maximum protection 
of wilderness resources and values.
    (f) Hunting and fishing in a refuge wilderness will be in accordance 
with Federal and State regulations including special regulations for the 
specific wildlife refuge. Hunting or fishing which requires motorized 
equipment will not be permitted except as provided in Sec.35.5(a) and 
(b).



Sec.35.7  Control of wildfires, insects, pest plants, and disease.

    To the extent necessary, the Director shall prescribe measures to 
control wildfires, insects, pest plants, and disease to prevent 
unacceptable loss of wilderness resources and values, loss of life, and 
damage to property.



Sec.35.8  Forest management.

    Forest management activities in a wilderness unit will be directed 
toward allowing natural ecological processes to operate freely. 
Commercial harvesting of timber shall not be permitted except where 
necessary to control attacks of insects or disease as prescribed in 
Sec.35.7.



Sec.35.9  Livestock grazing.

    (a) The grazing of livestock, where established prior to the date of 
legislation which designates a wilderness unit, may be permitted to 
continue subject to part 29 of this subchapter and in accordance with 
special provisions which may be prescribed for individual units. Numbers 
of permitted livestock will not be more liberal than those utilizing a 
wilderness prior to establishment and may be more restrictive.
    (b) The Director may permit, subject to such conditions as he deems 
necessary, the maintenance, reconstruction or relocation of only those 
livestock management improvements and structures which existed within a 
wilderness unit when it was incorporated into the National Wilderness 
Preservation System.



Sec.35.10  Controlled burning.

    Controlled burning will be permitted on wilderness units when such 
burning will contribute to the maintenance of the wilderness resource 
and values in the unit; however, any fire in a wilderness area that 
poses a threat to resources or facilities outside the unit will be 
controlled and extinguished.

[36 FR 25426, Dec. 31, 1971, as amended at 37 FR 12067, June 17, 1972]



Sec.35.11  Scientific uses.

    Recognizing the scientific value of wilderness, research data 
gathering and similar scientific uses will be encouraged providing that 
wilderness values are not impaired. The person or agency involved in 
scientific investigation must be willing to accept reasonable 
limitations on activities and location and size of the area to be used 
for research purposes. A special use permit authorizing scientific uses 
shall be required.



Sec.35.12  Water rights.

    Nothing in the regulations in this part constitutes an expressed or 
implied claim or denial on the part of the Department of the Interior as 
to exemption from State water laws.



Sec.35.13  Access to State and private lands.

    Rights of States or persons and their successors in interest, whose 
land is surrounded by a wilderness unit, will be recognized to assure 
adequate access to that land. Adequate access is defined as the 
combination of modes and routes of travel which will best preserve the 
wilderness character of the landscape. Mode of travel designated shall 
be reasonable and consistent with accepted, conventional, contemporary 
modes of travel in said vicinity. Use will be consistent with reasonable 
purposes for which such land is held. The Director will issue such 
permits as are necessary for access, designating the means and route of 
travel for ingress 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

[[Page 534]]

Refuge System as established by Public Law. These special regulations 
will supplement the provisions of this part.
    (b) Special regulations may contain administrative and public uses 
as recognized in the:
    (1) Legislative Record of the establishing Act.
    (2) Committee Reports of the Congress.
    (3) Departmental and Executive Reports to the Congress.
    (4) Other provisions.
    (c) Such special regulations shall be published in subpart B of this 
part after a wilderness has been established by Public Law and shall 
become effective upon publication in the Federal Register (12-31-71).

Subpart B--Special Regulations for Specific National Wildlife Refuge 
Wilderness [Reserved]



PART 36_ALASKA NATIONAL WILDLIFE REFUGES--Table of Contents



              Subpart A_Introduction and General Provisions

Sec.
36.1 How do the regulations in this part apply to me and what do they 
          cover?
36.2 What do these terms mean?
36.3 Information collection.

                       Subpart B_Subsistence Uses

36.11 Purpose and policy.
36.12 Use of snowmobiles, motorboats, dog teams and other means of 
          surface transportation traditionally employed by local rural 
          residents engaged in subsistence uses.
36.13 Subsistence fishing.
36.14 Subsistence hunting and trapping.
36.15 Subsistence uses of timber and plant material.
36.16 Closure to subsistence uses of fish and wildlife.

Subpart C [Reserved]

                       Subpart D_Other Refuge Uses

36.31 Recreational activities.
36.32 Taking of fish and wildlife.
36.33 What do I need to know about using cabins and related structures 
          on Alaska National Wildlife Refuges?
36.34 Firearms.
36.35 Unattended property.
36.36 Sled dogs and household pets.
36.37 Revenue producing visitor services.

                  Subpart E_Refuge Specific Regulations

36.39 Public use.

    Subpart F_Permits and Public Participation and Closure Procedures

36.41 Permits.
36.42 Public participation and closure procedures.

Table I 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: 16 U.S.C. 460(k) et seq., 668dd-668ee, 3101 et seq., Pub. 
L. 115-20, 131 Stat. 86.

    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

[[Page 535]]

found in 50 CFR 36.35(d), also are applicable to administrative and 
visitor facility sites of the Fish and Wildlife Service in Alaska which 
we may hold in fee or less than fee title and are either inside or 
outside the approved boundaries of any Alaska National Wildlife Refuge. 
Less than fee title lands do not include easements under Section 17(b) 
of the Alaska Native Claims Settlement Act (85 Stat. 688), but although 
not limited to, they include sites administered by a national wildlife 
refuge under the terms of a memorandum of understanding or lease 
agreement.

[46 FR 31827, June 17, 1981, as amended at 64 FR 14151, Mar. 24, 1999; 
81 FR 52271, Aug. 5, 2016; 82 FR 52010, Nov. 9, 2017]



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.
    Operate means to manipulate the controls of any conveyance, such as, 
but not limited to, an aircraft, snowmobile, motorboat, off-road 
vehicle, or any other motorized or non-motorized form of vehicular 
transport as to direct its travel, motion, or purpose.
    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;

[[Page 536]]

    (2) Land selections of a Native Corporation made under the Alaska 
Native Claims Settlement Act (85 Stat. 688) which have not been conveyed 
to a Native Corporation, unless any such selection is determined to be 
invalid or is relinquished; and
    (3) Lands referred to in section 19(b) of the Alaska Native Claims 
Settlement Act.
    Refuge Manager means any Fish and Wildlife Service official in 
charge of an Alaska National Wildlife Refuge, the Alaska Regional 
Director of the Fish and Wildlife Service, or an authorized 
representative of either.
    Snowmachine or snowmobile means a self-propelled vehicle intended 
for off-road travel primarily on snow having a curb weight of not more 
than 1,000 pounds (450 kg), driven by track or tracks in contact with 
the snow and steered by a ski or skis in contact with the snow.
    Structure means something temporarily or permanently constructed, 
built, or placed; and constructed of natural or manufactured parts 
including, but not limited to, a building, shed, cabin, porch, bridge, 
walkway, stair steps, sign, landing, platform, dock, rack, fence, 
telecommunication device, antennae, fish cleaning table, satellite dish/
mount, or well head.
    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; 81 FR 27043, May 5, 2016; 81 FR 52271, Aug. 
5, 2016; 82 FR 52010, Nov. 9, 2017]



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 Service's Information Collection 
Clearance Officer at the address provided at 50 CFR 2.1(b).

[62 FR 45340, Aug. 27, 1997, as amended at 79 FR 43967, July 29, 2014]

[[Page 537]]



                       Subpart B_Subsistence Uses



Sec.36.11  Purpose and policy.

    (a) Consistent with the management of fish and wildlife in 
accordance with recognized scientific principles and the purposes for 
which each Alaska National Wildlife refuge was established, designated, 
or expanded by ANILCA, the purpose of this subpart is to provide the 
opportunity for local rural residents engaged in a subsistence way of 
life to do so pursuant to applicable State and Federal law.
    (b) Consistent with sound management principles and the conservation 
of healthy populations of fish and wildlife, the utilization of Alaska 
National Wildlife Refuges is to cause the least adverse impact possible 
on local rural residents who depend upon subsistence uses of the 
resources of the public lands in Alaska.
    (c) Nonwasteful subsistence uses of fish, wildlife and other 
renewable resources by local rural residents shall be the priority 
consumptive uses of such resources over any other consumptive uses 
permitted within Alaska National Wildlife Refuge areas.
    (d) The State of Alaska is authorized to regulate the taking of fish 
and wildlife for subsistence uses within Alaska National Wildlife 
Refuges to the extent 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.

[46 FR 31827, June 17, 1981, as amended at 81 FR 52272, Aug. 5, 2016; 82 
FR 52010, Nov. 9, 2017]



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

[[Page 538]]

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.

[82 FR 52010, Nov. 9, 2017]



Sec.36.14  Subsistence hunting and trapping.

    Local rural residents may hunt and trap wildlife for subsistence 
uses in Alaska National Wildlife Refuges in compliance with applicable 
State and Federal laws. To the extent consistent with the provisions of 
this part and other Federal law, applicable State laws and regulations 
governing the taking of wildlife which are now or will hereafter be in 
effect are hereby incorporated by reference as a part of these 
regulations.

[82 FR 52010, Nov. 9, 2017]



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

[[Page 539]]

may immediately close all or any portion of an Alaska National Wildlife 
Refuge to the subsistence uses of such population. Such emergency 
closure shall be effective when made, shall be for a period not to 
exceed sixty (60) days, and may not subsequently be extended unless the 
Refuge Manager establishes, after notice and public hearing in the 
affected vicinity and other locations as appropriate, that such closure 
should be extended.
    (3) Notice of administrative actions taken pursuant to this section, 
and the reasons justifying such actions, shall be published in at least 
one newspaper of general circulation within the State and in at least 
one local newspaper if available, and information about such actions and 
reasons therefor also shall be made available for broadcast on local 
radio stations in a manner reasonably calculated to inform local rural 
residents in the affected vicinity. All closures shall be designated on 
a map which shall be available for public inspection at the office of 
the Refuge Manager of the affected refuge and the post office or postal 
authority of every affected community within or near the refuge, or by 
the posting of signs in the vicinity of the restrictions, or both.

[46 FR 31827, June 17, 1981, as amended at 51 FR 44793, Dec. 12, 1986]



Sec.36.16  Closure to subsistence uses of fish and wildlife.

    (a) Notwithstanding any other provision of this part, the Refuge 
Manager, after consultation with the State and 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,

[[Page 540]]

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 
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; and
    (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.
    (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; and
    (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.

[82 FR 52010, Nov. 9, 2017, as amended at 84 FR 47790, Sept. 10, 2019]



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

[[Page 541]]

meets the appropriate application deadlines.
    Family shall include the spouse (including what is known as a 
common-law relationship), children by birth or adoption, and other blood 
relatives within the second degree of kindred.
    Guest shall mean a person who occasionally visits the permittee in 
the cabin. This term does not include clients using commercial cabins.
    Immediate family shall include the spouse and children, either by 
birth or adoption, of the claimant residing in the cabin or structure.
    New cabin shall mean any permitted cabin constructed on refuge lands 
after December 2, 1980. This may also include a cabin whose claimant 
failed to meet the application deadline for existing cabins but is 
otherwise a permitted cabin.
    Other related structures shall mean those structures or devices 
essential to the activities for which the cabin special use permit is 
issued. This includes but is not limited to outdoor toilets, food 
caches, storage sheds, and fish drying racks.
    Private recreational use shall mean a use associated with leisure 
activities, not including bona fide subsistence uses or authorized 
commercial uses.
    Public use cabin shall mean a cabin owned and administered by the 
Fish and Wildlife Service and available for use by the public.
    (b) All cabins. The regulations in this paragraph (b) shall apply to 
all cabins, claimants, occupants, and guests. The regulations in this 
paragraph (b) do not apply to temporary facilities: any structure or 
man-made improvement which can readily be completely dismantled and 
removed from the site when the period of authorized use is terminated.
    (1) A special use permit is required to construct, use and/or occupy 
a cabin on Fish and Wildlife Service lands within the refuge. The permit 
may also authorize the use of related structures and other necessary 
appurtenances.
    (2) After adequate public notice has been given, unclaimed cabins 
become the property of the Federal Government. Adequate public notice 
shall include: Posting notices of trespass on unclaimed cabins; 
publication of notices of trespass in Anchorage and Fairbanks newspapers 
and in at least one local newspaper if available; and posting notices of 
trespass at appropriate community post offices. A Government-owned cabin 
may be used for refuge administration, used for emergency purposes by 
the public, permitted to another applicant, designated a public use 
cabin, or destroyed. Disposal of excess cabins and structures will be 
according to regulations pursuant to title 41, chapter 114 of the Code 
of Federal Regulations.
    (3) Willful noncompliance with the conditions and stipulations of a 
special use permit shall be considered grounds to invoke the 
administrative process leading to notice and hearing, and possible 
revocation of the permit. The refuge manager will attempt to resolve 
problems of noncompliance with the permittee as soon as possible after 
the situation becomes known. If this effort fails, the refuge manager 
shall provide written notice to the permittee within 30 days of that 
date, informing the permittee of noncompliance, giving specific 
instructions for compliance and providing appropriate time for the 
permittee to comply.
    (4) No special use permit will be issued for the construction of a 
cabin for private recreational use or for the private recreational use 
of an existing cabin.
    (5) Guests are allowed to occupy a cabin only during the activity 
period identified on the special use permit. Guests occupying a cabin 
during the absence of the permittee shall obtain a letter of 
authorization from the permittee. The guest must have a copy of the 
letter in his/her possession. In commercial cabins, the permittee or 
another person listed on the permit must be present when the cabin is 
occupied by guests or clients.
    (6) A person whose permit application (new or renewal) for a cabin 
has been denied or whose cabin permit has been revoked by the refuge 
manager may appeal to the Regional Director as described in Sec.
36.41(b).
    (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.

[[Page 542]]

    (1) Where a valid cabin permit or lease was in effect on December 2, 
1980, or at the time the land was subsequently added to the refuge, the 
refuge manager shall provide for the continuation of the permit or lease 
under the same conditions. The new permit shall be nontransferable and 
renewable every five years unless the continuation would directly 
threaten or significantly impair the purposes for which the refuge was 
established. The cabin and related structures are the personal property 
of the claimant and can be removed by him/her upon non-renewal or 
revocation. The owner of a cabin may sell his/her interest in the cabin 
to another person; however, the new owner does not automatically qualify 
for a permit and must apply for a new one.
    (2) To obtain a special use permit for a cabin that was not under 
permit or lease before December 2, 1980, or at the time the land was 
subsequently added to the refuge, a claimant should submit to the refuge 
manager an application that includes the following:
    (i) Reasonable proof of possessory interest or right to occupy the 
cabin as shown by affidavit, bill of sale, or other document.
    (ii) Date of construction or acquisition.
    (iii) A sketch or photograph that accurately depicts the cabin and 
related structures.
    (iv) The dimensions of the cabin and related structures.
    (v) A U.S. Geological Survey topographic map that shows the 
geographic location of the cabin and related structures.
    (vi) The claimant's agreement to vacate and remove all personal 
property from the cabin and related structures within one year from 
receipt of a non-renewal or revocation notice.
    (vii) The claimant's acknowledgment that he/she has no legal 
interest in the real property on which the cabin and related structures 
are located.
    (viii) A list of family members residing with the claimant in the 
cabin being applied for. It need only include those immediate family 
members who may be eligible to renew a permit for continued use and 
occupancy upon the original claimant's death (this is not applicable to 
cabins used for commercial purposes).
    (3) Applications for permits for existing cabins, which are not 
currently under valid permits, will only be accepted for a period of one 
year following the effective date of these regulations. However, cabins 
that were legally located on lands that subsequently become refuge will 
also be considered ``existing'' cabins. The owners will have two years 
following the date the lands become refuge to apply for a permit. 
Following those dates, all applications for cabins will be for ``new'' 
cabins only, no matter when the cabin was built or first used. If 
ownership is not established within three years after the land becomes 
refuge, the cabin may be considered abandoned, and it will become 
Federal property in accordance with Federal regulations.
    (4) The occupancy of a noncommercial cabin is limited to the 
permittee and his/her family, bona fide partners, and guests.
    (5) Major modification or rehabilitation of an existing cabin must 
be approved by the refuge manager before construction begins. The 
modifications will be done by the permittee or designated agent and will 
remain the property of the permittee. Major additions (e.g., larger than 
the original cabin) may fall under the ownership provisions for new 
cabins. Although cabins destroyed by accidents, vandalism or natural 
causes may be reconstructed, they must be approved by the refuge manager 
before construction and must meet the construction guidelines for new 
cabins, even though remaining the property of the claimant.
    (d) New cabins. In addition to paragraph (b) of this section, the 
regulations in this paragraph (d) shall apply to all new cabins, 
claimants, occupants, and guests.
    (1) A nontransferable, five year special use permit shall only be 
issued upon a determination that the proposed construction, use and 
maintenance of the cabin is compatible with refuge purposes and that the 
cabin use 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-

[[Page 543]]

refuge site. In addition, these activities must have historically been 
supported by the construction and use of cabins in the geographic area. 
In general, new cabin permits will be given only to local residents to 
pursue a legitimate subsistence activity. In determining whether to 
permit the construction, use, and occupancy of cabins or other 
structures, the refuge manager shall be guided by factors such as other 
public uses, public health and safety, environmental and resource 
protection, research activities, protection of historic or scientific 
values, subsistence uses, endangered or threatened species conservation 
and other management considerations necessary to ensure that the 
activities authorized pursuant to a permit are compatible with the 
purposes for which the refuge was established.
    (2) To obtain a special use permit for a new cabin, an applicant 
should submit to the refuge manager an application that includes the 
following:
    (i) A sketch that accurately depicts the proposed cabin and related 
structures.
    (ii) The dimensions of the proposed cabin and related structures.
    (iii) A U.S. Geological Survey topographic map that shows the 
geographic location of the proposed cabin and related structures.
    (iv) The applicant's agreement to vacate and remove all personal 
property from the cabin and related structures within one year from 
receipt of a non-renewal or revocation notice.
    (v) The applicant's acknowledgment that he/she has no legal interest 
in the cabin and related structures or in the real property on which the 
cabin and related structures are located.
    (vi) A list of family members residing with the applicant in the 
cabin being applied for. It need only include those immediate family 
members who may be eligible to renew a permit for continued use and 
occupancy upon the original claimant's death.
    (3) The permitting instrument shall be a nontransferable renewable 
five year special use permit. It shall be renewed every five years (upon 
request) until the death of the original claimant's last immediate 
family member unless the special use permit has been revoked or the 
cabin has been abandoned.
    (4) No new cabins will be constructed in designated wilderness areas 
unless they are built specifically for the administration of the area, 
for public safety, or for trapping where trapping has been a traditional 
and customary use.
    (5) New trapping cabins in wilderness will be available for public 
use to ensure public health and safety.
    (6) The occupancy of a noncommercial cabin is limited to the 
permittee, and his/her family, bona fide partners, and guests.
    (e) Commercial cabins. In addition to paragraph (b) of this section, 
the regulations in this paragraph (e) shall apply to all commercial 
cabins, permittees, clients, guests, and occupants.
    (1) A special use permit is required for all cabins used for 
commercial purposes. Refuge managers may also issue special use permits 
that authorize additional commercial use of an existing cabin used for 
guiding, etc. The use of a new cabin shall be limited to the type of use 
specified in the original permit. The refuge manager may permit the use 
of an existing cabin on non-wilderness refuge lands for the exercise of 
valid commercial fishing rights. Such a permit may be denied if, after 
conducting a public hearing in the affected locality, it is found that 
the use is inconsistent with refuge purposes and is a significant 
expansion of commercial fishing activities within the unit beyond 1979 
levels.
    (2) When the commercial fishing or guiding rights associated with a 
permittee's existing cabin are acquired by a new party, the privilege of 
using the cabin cannot be sold and the new party does not necessarily 
qualify for a cabin permit. He/she must apply for a permit and meet the 
criteria described in this paragraph (e) before issuance of a special 
use permit by the refuge manager. He/she may not occupy the cabin before 
issuance of a permit.
    (3) No new commercial cabins will be permitted in wilderness areas.
    (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

[[Page 544]]

time that the authorized activity is occurring. The names of those 
individuals, excluding guests and clients, will be listed on the permit. 
The permittee or another individual listed on the permit must be present 
when the cabin is occupied.
    (5) Special use permits for commercial cabins may be renewed 
annually in conjunction with the special use permit renewal for the 
commercial activity itself. The cabin permit may be issued for periods 
of up to five years and is a separate permit from one issued for the 
commercial activity.
    (f) Administrative and government-owned public use cabins. In 
addition to paragraph (a) of this section, the regulations in this 
paragraph (f) apply to all administrative and government-owned cabins.
    (1) The refuge manager can designate those cabins not under permit 
as administrative cabins to be used for official government business. 
Administrative cabins may be used by the public during life-threatening 
emergencies. On a case-by-case basis, they may also be designated as 
public use cabins when not needed for government purposes. In such 
cases, the refuge manager must inform the public and post dates or 
seasons when the cabins are available.
    (2) The refuge manager may designate government-owned cabins as 
public use cabins. They are only intended for short-term public 
recreational use and occupancy. The refuge manager may develop an 
allocation system for managing public use cabins for short-term 
recreational use. No existing public use cabins shall be removed or new 
public use cabins constructed within wilderness areas designated by the 
Alaska National Interest Lands Conservation Act of 1980 or subsequently 
designated wilderness areas until the Secretary of the Interior notifies 
the House Committee on Interior and Insular Affairs and the Senate 
Committee on Energy and Natural Resources.

[59 FR 38314, July 27, 1994, as amended at 64 FR 14151, Mar. 24, 1999]



Sec.36.34  Firearms.

    The possession, use and transporting of firearms is authorized for 
hunting and personal protection in accordance with State and Federal 
laws unless prohibited or otherwise restricted by the Refuge Manager in 
accordance with the provisions of Sec.36.42.



Sec.36.35  Unattended property.

    (a) Leaving any snowmachine, vessel, off-road vehicle or other 
personal property unattended for longer than 12 months without the prior 
permission of the Refuge Manager is prohibited, and any property so left 
may be impounded by the Refuge Manager.
    (b) The Refuge Manager may (1) designate areas where personal 
property may not be left unattended for any time period, (2) establish 
limits on the amount and type of personal property that may be left 
unattended, (3) prescribed the manner in which personal property may be 
left unattended or (4) establish limits on the length of time personal 
property may be left unattended.
    (c) Such designations and restrictions arising under paragraph (b) 
of this section shall be (1) published in at least one newspaper of 
general circulation within the State, posted at community post offices 
within the affected vicinity, made available for broadcast on local 
radio stations in a manner reasonably calculated to inform residents in 
the affected community, and designated in a map which shall be available 
for public inspection at the office of the Refuge Manager, or (2) 
designated by the posting of appropriate signs or (3) both.
    (d) In the event unattended property interferes with the safe and 
orderly management of a refuge area or causes damage to refuge 
resources, it may be impounded by the Refuge Manager at any time.



Sec.36.36  Sled dogs and household pets.

    The general trespass provisions of 50 CFR 26.21 shall not apply to 
household pets and sled, work, or pack dogs under the direct control of 
their owners or handlers, but such activities may be prohibited or 
otherwise restricted pursuant to the provisions of Sec.36.42.

[46 FR 40192, Aug. 7, 1981]

[[Page 545]]



Sec.36.37  Revenue producing visitor services.

    (a) Applicability. (1) Except as otherwise provided for in this 
paragraph, the regulations contained in this section apply to new 
visitor services provided within all National Wildlife Refuge areas in 
Alaska.
    (2) The rights granted by this section to historical operators, 
preferred operators, and Cook Inlet Region, Incorporated, are not 
exclusive. The Refuge Manager may authorize other persons to provide 
visitor services on refuge lands. Nothing in this section shall require 
the Refuge Manager to issue a visitor services permit if not otherwise 
mandated by statute to do so. Nothing in this section shall authorize 
the Refuge Manager to issue a visitor services permit to a person who is 
not capable of carrying out its terms and conditions in a satisfactory 
manner.
    (3) This section does not apply to the guiding of sport hunting or 
sport fishing.
    (b) Definitions. The following definitions shall apply to this 
section:
    (1) Best offer means a responsive offer that best meets, as 
determined by the Refuge Manager, the selection criteria contained in a 
competitive solicitation for a visitor services permit.
    (2) Controlling interest, in the case of a corporation means an 
interest, beneficial or otherwise, of sufficient outstanding voting 
securities or capital of the business, so as to permit exercise of final 
managerial authority over the actions and operations of the corporation, 
or election of a majority of the Board of Directors of the corporation.
    (3) Controlling interest in the case of a partnership, limited 
partnership, joint venture or individual entrepreneurship means a 
beneficial ownership of or interest in the entity so as to permit the 
exercise of final managerial authority over the actions and operations 
of the entity.
    (4) Controlling interest in other circumstances means any 
arrangement under which a third party has the ability to exercise 
general management authority over the actions or operations of the 
business.
    (5) Historical operator means any person who:
    (i) On or before January 1, 1979, was lawfully engaged in adequately 
providing any type of visitor service in a refuge within the scope of 
paragraph (c) of this section;
    (ii) Has continued to lawfully provide that visitor service; and
    (iii) Is otherwise determined by the Refuge Manager to have a right 
to continue to provide such services or similar services pursuant to 
paragraph (c) of this section.
    (6) Local area means that area in Alaska within 100 miles of the 
location within a refuge where any of the visitor service is authorized.
    (7) Local resident means:
    (i) For individuals. Those individuals that have maintained their 
primary, permanent residence and business within the local area for the 
past twelve (12) consecutive months and whenever absent from this 
primary, permanent residence, have the intention of returning to it. 
Factors demonstrating the location of an individual's primary, permanent 
residence and business may include, but are not limited to, the 
permanent address indicated on licenses issued by the State of Alaska, 
tax returns, and voter registrations.
    (ii) For corporations. A corporation in which the controlling 
interest is held by an individual or individuals who qualify as ``local 
resident(s)'' within the meaning of this section. For non-profit 
corporations a majority of the board members and a majority of the 
officers must qualify as ``local residents.''
    (8) Native Corporation means the same as defined in section 102(6) 
of ANILCA.
    (9) Preferred operator means a local resident or Native Corporation 
which is entitled to a preference under this section in the award of a 
permit, and as otherwise provided under section 1307(b) of ANILCA.
    (10) A responsive offer means one which is timely made and meets the 
terms and conditions of the solicitation document.
    (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

[[Page 546]]

similar to an established service being provided by a historical 
operator.
    (12) Visitor service means any service or activity made available 
for a fee, commission, brokerage, or other compensation to persons who 
visit a refuge, including such services as providing food, 
accommodations, transportation, tours, and guides excepting the guiding 
of sport hunting and fishing. This also includes any activity where one 
participant/member or group of participants pays more in fees than the 
other participants (non-member fees, etc.), or fees are paid to the 
organization which are in excess of the bona fide expenses of the trip.
    (13) Right of first refusal means, as it relates to section 1307(a) 
of ANILCA, a reasonable opportunity for a historical operator to review 
a description of the new similar service and the terms and conditions 
upon which it is to be provided to determine if the historical visitor 
service operator wishes to provide the service. As it relates to section 
1307(c) of ANILCA, it refers to the opportunity for Cook Inlet Region, 
Incorporated to have the first opportunity to provide new visitor 
services on the Kenai National Wildlife Refuge in the Cook Inlet Region.
    (c) Visitor services existing on or before January 1, 1979, 
``historical operators''. (1) A historical operator shall have a right 
to continue to provide visitor services or similar services within such 
area, under appropriate terms and conditions, so long as such services 
are determined by the Refuge Manager to be consistent with the purposes 
for which the refuge was established. A historical operator must obtain 
a permit from the refuge manager to conduct the visitor services. The 
permit shall be for a fixed term and specified area, and shall contain 
such terms and conditions as are in the public interest. Failure to 
comply with the terms and conditions of the permit may result in 
cancellation of the authorization and consequent loss of historical 
operator rights under this section. Nothing in this section shall 
prohibit the Refuge Manager from permitting persons, in addition to 
historical operators, to provide visitor services in the refuge at the 
Refuge Manager's discretion so long as historical operators are 
permitted to conduct a scope or level of visitor services equal to or 
greater than those provided prior to January 1, 1979, under terms and 
conditions consistent with this section. A historical operator may be 
permitted by the Refuge Manager, under separate authority, to increase 
the scope or level of visitor services provided prior to January 1, 
1979, but no historical operating rights shall be obtained in such 
increase.
    (2) A historical operator may also apply to the Refuge Manager for a 
permit or amended permit to provide similar types of visitor services. 
Granting the request will not result in an increase in the scope or 
level of service in excess of those provided as of January 1, 1979, by 
the requesting historical operator. The Refuge Manager shall grant the 
request if such visitor services are determined by the Refuge Manager to 
be:
    (i) Consistent with the management of refuge resources and the 
purposes for which the refuge area was established;
    (ii) Similar to the visitor services provided by the historical 
operator prior to January 1, 1979; and
    (iii) Consistent with the legal rights of any other person.
    (3) When a historical operator permit has expired, and if the 
visitor services permitted by it were adequately provided and consistent 
with the purposes of the refuge as determined by the Refuge Manager, the 
Refuge Manager shall renew the permit for a fixed term consistent with 
such new terms and conditions as are in the public interest. Should a 
historical operator decline to accept an offer of renewal, its rights as 
a historical operator shall be considered as terminated.
    (4) If the Refuge Manager determines that permitted visitor services 
must be curtailed or reduced in scope or season to protect refuge 
resources, or for other purposes, the Refuge Manager shall require the 
historical operator to make such changes in visitor services. If more 
than one historical operator providing the same type of visitor services 
is required to have those services curtailed, the Refuge Manager shall 
establish a proportionate reduction of

[[Page 547]]

visitor services among all such historical operators, taking into 
account historical operating levels and other appropriate factors, so as 
to achieve a fair curtailment of visitor services among the historical 
operators. If the level of visitor services must be so curtailed that 
only one historical operator feasibly may continue to provide the 
visitor services, the Refuge Manager shall select one historical 
operator to continue to provide the curtailed visitor services through a 
competitive selection process.
    (5) The rights of a historical operator shall terminate if the 
historical operator fails to provide the visitor services under the 
terms and conditions of a permit issued by the Refuge Manager or fails 
to provide the visitor services for a period of more than twenty four 
(24) consecutive months.
    (6) The rights of a historical operator under this section shall 
terminate upon a change, after January 1, 1979, in the controlling 
interest of the historical operator through sale, assignment, devise, 
transfer or otherwise.
    (7) The Refuge Manager may authorize other persons to provide 
visitor services in a refuge in addition to historical operators, as 
long as such other persons conduct the services in a manner compatible 
with the purposes of the refuge.
    (d) Visitor services initially authorized after January 1, 1979, 
``preferred operators''. (1) In selecting persons to provide, and in 
permitting any type of visitor service, excepting guided hunting or 
fishing, the Refuge Manager will give a preference to preferred 
operators determined qualified to provide such visitor services. 
Preferences for most directly affected Native Corporation(s) and local 
residents are equal and are not additive.
    (2) In selecting persons to provide any type of visitor service for 
refuges subject to a preferred operator preference under this section, 
the Refuge Manager will publicly solicit competitive offers for persons 
to apply for a permit, or the renewal of a permit, to provide such 
visitor service pursuant to Service procedures. Preferred operators must 
submit a responsive offer to such solicitation in order to effect their 
preference. If, as a result of the solicitation, an offer from a person 
other than a preferred operator is determined to be the best offer and 
that offeror is determined to be capable of carrying out the terms of 
the permit, the preferred operator which submitted the most responsive 
offer shall be given an opportunity to substantially equal the best 
offer received by amending its offer. If the amended offer of the 
preferred operator is considered by the Refuge Manager as being 
substantially equal to the terms of the best offer, the preferred 
operator, if determined to be capable of carrying out the terms of the 
permit, shall be awarded the visitor service permit. If the preferred 
operator fails to meet these requirements, the Refuge Manager shall 
award the permit to the person who submitted the best offer in response 
to the solicitation. The Native Corporation(s) determined to be ``most 
directly affected'' under this section and local residents have equal 
preference.
    (3) Nothing in this section shall prohibit the Refuge Manager from 
authorizing persons other than preferred operators to provide visitor 
services in refuge areas so long as the procedures described in this 
section have been followed with respect to preferred operators. 
Preferred operators are not entitled by this section to provide all 
visitor services in a qualified refuge.
    (4) An offer from a Native Corporation or a local corporation under 
this section must document its controlling interest in the entity or in 
the case of a joint venture, all partners, making the offer.
    (5) The preferences described in this section may not be sold, 
assigned, transferred, or devised, directly or indirectly.
    (e) Preference to Cook Inlet Region, Incorporated (CIRI). (1) Cook 
Inlet Region, Incorporated, in cooperation with village corporations 
within Cook Inlet Region when appropriate, shall have a right of first 
refusal to provide new visitor services within that portion of the Kenai 
National Moose Range (Kenai National Wildlife Refuge) within the 
boundaries of Cook Inlet Region. The CIRI shall have ninety (90) days 
from receipt of a prospectus in which to exercise its right.

[[Page 548]]

    (2) In order to exercise this right of first refusal, CIRI must 
submit an offer responsive to the terms of a visitor services 
solicitation. If CIRI makes such an offer and is determined by the 
Refuge Manager to be capable of carrying out the terms of the special 
use permit, it shall be awarded the permit. If it does not, the permit 
may be awarded to another person pursuant to a showing that such other 
person can carry out the conditions of the special use permit in a 
manner compatible with the purposes of the refuge. An offer being made 
by CIRI under this section must document controlling interest by CIRI 
when made in cooperation with village corporations within the Cook Inlet 
Region. The CIRI right of first refusal shall have precedence over the 
rights of preferred operators.
    (3) The right of first refusal described in this section may not be 
sold, transferred, devised, or assigned, directly or indirectly.
    (f) Most directly affected Native Corporation determination. (1) 
Prior to the issuance of a solicitation document for any new visitor 
service in a refuge, the Refuge Manager shall provide an opportunity for 
any Native Corporation interested in providing visitor services within 
that refuge to submit an application to the Refuge Manager to be 
determined ``most directly affected'' Native Corporation. The 
application shall include but not be limited to, the following 
information:
    (i) The name, address, and telephone number of the Native 
Corporation, the date of incorporation, its articles of incorporation 
and structure, and the name of the applicable refuge area;
    (ii) The location of the corporation's population center or centers;
    (iii) An assessment of the socioeconomic impacts, including 
historical and traditional use, and their effects on the Native 
Corporation as a result of the expansion or establishment of the refuge; 
and
    (iv) Any other information the Native Corporation believes is 
relevant.
    (2) Upon receipt of all applications from interested Native 
Corporations, the Refuge Manager will determine the ``most directly 
affected'' Native Corporation based on, but not limited to, the 
following criteria:
    (i) The number of acres of surface land within and adjoining the 
refuge that the Native Corporation owns, or which has been selected 
under the Alaska Native Claims Settlement Act, unless such selection is 
determined to be invalid or is relinquished;
    (ii) The distance and accessibility from the Native Corporation's 
population center and/or business address to the applicable refuge; and
    (iii) The socio-economic impacts, including historic and traditional 
use, and their effects as a result of the expansion or establishment of 
the refuge.
    (3) In the event that more than one Native Corporation is determined 
to be equally affected, each such Native Corporation shall be considered 
as a preferred operator under this section.
    (4) The Refuge Manager's ``most directly affected'' Native 
Corporation determination or when requested, the Regional Director's 
appeal decision for a refuge is applicable for all new visitor services 
in that refuge.
    (5) Any Native Corporation that has not applied for a most directly 
affected Native Corporation determination may apply for a determination 
upon issuance of a future solicitation for a new visitor service. A 
corporation determined to be most directly affected for a refuge will 
maintain that status for all future visitor service solicitations.
    (g) Appeal procedures. Any person(s) who believe that they have been 
improperly denied rights with respect to providing visitor services 
under this section may appeal the denial to the Regional Director. Such 
an appeal must be submitted in writing within forty-five (45) days of 
receipt of the denial from which an appeal is sought. The appeals 
process as defined in 50 CFR subpart F, 36.41(b) will apply with 
exception of the period of time allowed to file an appeal.

[62 FR 1842, Jan. 14, 1997]



                  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

[[Page 549]]

CFR part 36, those sections of 50 CFR subchapter C not supplemented by 
part 36, and the following refuge-specific requirements:
    (b) Alaska Maritime National Wildlife Refuge. (1) Amchitka Island--
closed to all public access, occupancy and use, unless specifically 
authorized by a special use permit issued jointly by the Refuge Manager 
and the U.S. Navy (Commanding Officer, Fleet Surveillance Support 
Command, Chesapeake, Virginia).
    (c) Alaska Peninsula/Becharof National Wildlife Refuge Complex. (1) 
The Alaska Peninsula/Becharof National Wildlife Refuge (Complex) 
includes the Becharof National Wildlife Refuge, the Chignik and Ugashik 
Units of the Alaska Peninsula National Wildlife Refuge and the Seal Cape 
Area of the Alaska Maritime National Wildlife Refuge.
    (2) Off-road vehicles are permitted on the refuge complex under 
Sec.36.12(a),Sec.36.39(c)(2)(ii) or Sec.36.39(c)(2)(iii) and must 
meet the following conditions:
    (i) Vehicles are limited to three or four-wheeled vehicles with a 
maximum gross weight of 650 pounds as listed by the manufacturer.
    (ii) ORV's are permitted on the following trails only: Yantarni Bay 
Airstrip; Yantarni Bay Airstrip to beach trail; and Yantarni Bay 
Airstrip to oil well site trail. Maps of the above areas are available 
from the Refuge Manager.
    (iii) Subject to the weight and size restrictions listed in (i) 
above, subsistence use of off-road vehicles, as authorized by 50 CFR 
36.12(a) is allowed throughout the Alaska Peninsula/Becharof National 
Wildlife Refuge Complex.
    (3) Camping is permitted on the Refuge Complex subject to the 
following restrictions:
    (i) These camping limits do not apply to subsistence users except at 
Big Creek where they apply to all refuge complex users.
    (ii) No permanent improvements may be made to campsites without a 
special use permit. All materials brought on to the refuge complex must 
be removed upon cessation of camping unless authorized by a special use 
permit.
    (iii) Other than reserved sites authorized by special use permits, 
camping at one location is limited to seven consecutive nights from 
August 1 through November 15 within \1/4\ mile of the following waters: 
Becharof Lake in the Severson Peninsula area (Island Arm); Becharof Lake 
Outlet; Ugashik Narrows; Big Creek; Gertrude Lake; and Gertrude Creek 
between Gertrude Lake and the King Salmon River. Maps of the above areas 
are available from the Refuge Manager.
    (iv) Tent camps must be moved a minimum of one mile following each 
seven-night camping stay during the periods specified above.
    (4) Temporary facilities may be authorized on the Alaska Peninsula/
Becharof National Wildlife Refuge Complex by special use permit only, 
subject to the following conditions:
    (i) Except for administrative or subsistence purposes, new temporary 
facilities are prohibited within \1/4\ mile of the Becharof Lake 
shoreline.
    (ii) Except for administrative purposes, new temporary facilities 
are prohibited in the following areas: within \1/4\ mile of the 
shorelines of Gertrude Lake and Long Lake; within \1/4\ mile of the 
airstrip on the south side of the King Salmon River approximately \1/2\ 
mile above the confluence of Gertrude Creek and the King Salmon River; 
within \1/4\ mile of the shoreline of Upper and Lower Ugashik Lakes; 
within \1/4\ mile of the shoreline of Becharof Lake outlet; and within 
\1/4\ mile of the shoreline of Big Creek. Maps of the above areas are 
available from the Refuge Manager.
    (d) Arctic National Wildlife Refuge. We prohibit all domestic sheep, 
goats, and camelids on the refuge.
    (e)-(h) [Reserved]
    (i) Kenai National Wildlife Refuge. Maps of designated areas open to 
specific public use activities on the refuge are available from Refuge 
Headquarters at the following address: 1 Ski Hill Road, Soldotna, AK.
    (1) Aircraft. Except in an emergency, the operation of aircraft on 
the Kenai National Wildlife Refuge is authorized only in designated 
areas, as described in this paragraph (i)(1).
    (i) We allow the operation of airplanes within the Kenai Wilderness 
on the following designated lakes, and under the restrictions noted:

[[Page 550]]

    (A) Dave Spencer (Canoe Lakes) Unit. (1) Bedlam Lake.
    (2) Bird Lake.
    (3) Cook Lake.
    (4) Grouse Lake.
    (5) King Lake.
    (6) Mull Lake.
    (7) Nekutak Lake.
    (8) Norak Lake.
    (9) Sandpiper Lake.
    (10) Scenic Lake.
    (11) Shoepac Lake.
    (12) Snowshoe Lake.
    (13) Taiga Lake.
    (14) Tangerra Lake.
    (15) Vogel Lake.
    (16) Wilderness Lake.
    (17) Pepper, Gene, and Swanson lakes are open to operation of 
airplanes only to provide access for ice fishing.
    (B) Andrew Simons Unit.
    (1) Emerald Lake.
    (2) Green Lake.
    (3) Harvey Lake.
    (4) High Lake.
    (5) Iceberg Lake.
    (6) Kolomin Lakes.
    (7) Lower Russian Lake.
    (8) Martin Lake.
    (9) Pothole Lake.
    (10) Twin Lakes.
    (11) Upper Russian Lake.
    (12) Windy Lake.
    (13) Dinglestadt Glacier terminus lake.
    (14) Wosnesenski Glacier terminus lake.
    (15) Tustumena Lake and all lakes within the Kenai Wilderness within 
1 mile of the shoreline of Tustumena Lake.
    (16) All unnamed lakes in sections 1 and 2, T. 1 S., R. 10 W., and 
sections 4, 5, 8, and 9, T. 1 S., R. 9 W., Seward Meridian.
    (17) An unnamed lake in sections 28 and 29, T. 2 N., R. 4 W., Seward 
Meridian: The Refuge Manager may issue a special use permit (FWS Form 3-
1383-G) for the operation of airplanes on this lake to successful 
applicants for certain State of Alaska, limited-entry, drawing permit 
hunts. Successful applicants should contact the Refuge Manager to 
request information.
    (C) Mystery Creek Unit. An unnamed lake in section 11, T. 6 N., R. 5 
W., Seward Meridian.
    (ii) We allow the operation of airplanes on all lakes outside of the 
Kenai Wilderness, except that we prohibit aircraft operation on:
    (A) The following lakes with recreational developments, including, 
but not limited to, campgrounds, campsites, and public hiking trails 
connected to road waysides, north of the Sterling Highway:
    (1) Afonasi Lake.
    (2) Anertz Lake.
    (3) Breeze Lake.
    (4) Cashka Lake.
    (5) Dabbler Lake.
    (6) Dolly Varden Lake.
    (7) Forest Lake.
    (8) Imeri Lake.
    (9) Lili Lake.
    (10) Mosquito Lake.
    (11) Nest Lake.
    (12) Rainbow Lake.
    (13) Silver Lake.
    (14) Upper Jean Lake.
    (15) Watson Lake.
    (16) Weed Lake.
    (B) All lakes within the Skilak Wildlife Recreation Area (south of 
Sterling Highway and north of Skilak Lake), except for Bottenintnin Lake 
(open to airplanes year-round) and Hidden Lake (open to airplanes only 
to provide access for ice fishing).
    (C) Headquarters Lake (south of Soldotna), except for administrative 
purposes. You must request permission from the Refuge Manager.
    (iii) Notwithstanding any other provisions of this part, we prohibit 
the operation of aircraft from May 1 through September 10 on any lake 
where nesting trumpeter swans or their broods or both are present.
    (iv) We prohibit the operation of wheeled airplanes, with the 
following exceptions:
    (A) We allow the operation of wheeled airplanes, at the pilot's 
risk, on the unmaintained Big Indian Creek Airstrip; on gravel areas 
within \1/2\ mile of Wosnesenski 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.
    (B) We allow the operation of wheeled airplanes, at the pilot's 
risk, within designated areas of the Chickaloon River Flats, including 
all of sections 5 and 6 and parts of sections 2, 3, 4, 7, 8, 9, 11, and 
16, T. 9 N., R. 4 W.; all of section 1 and parts of sections 2,

[[Page 551]]

3, 4, 5, 11, and 12, T. 9 N., R. 5 W.; all of sections 33 and 34 and 
parts of sections 24, 25, 26, 27, 28, 29, 31, 32, and 35, T. 10 N., R. 4 
W.; all of section 33 and parts of sections 19, 27, 28 29, 30 32, 34, 
35, and 36, T. 10 N., R. 5 W, Seward Meridian.
    (v) We allow the operation of airplanes on the Kasilof River, on the 
Chickaloon River (from the outlet to mile 6.5), and on the Kenai River 
below Skilak Lake (from June 15 through March 14). We prohibit aircraft 
operation on all other rivers on the refuge.
    (vi) We prohibit the operation of unlicensed aircraft anywhere on 
the refuge except as authorized under terms and conditions of a special 
use permit (FWS Form 3-1383-G) issued by the Refuge Manager.
    (vii) We prohibit air dropping any items within the Kenai Wilderness 
except as authorized under terms and conditions of a special use permit 
(FWS Form 3-1383-G) issued by the Refuge Manager.
    (2) Motorboats. (i) We allow motorboat operation on all waters of 
the refuge, except that:
    (A) We prohibit motorboat operation within the Dave Spencer (Canoe 
Lakes) Unit of the Kenai Wilderness, including those portions of the 
Moose and Swanson rivers within this Unit, except that we allow 
motorboat operation on those lakes designated for airplane operations as 
provided in paragraph (i)(1) of this section and shown on a map 
available from Refuge Headquarters.
    (B) We prohibit motorboat operation on the Kenai River from the 
eastern refuge boundary near Sportsmans Landing and the confluence of 
the Russian River downstream to Skilak Lake. You may have a motor 
attached to your boat and drift or row through this section, provided 
the motor is not operating.
    (C) We prohibit motorboat operation on the Kenai River from the 
outlet of Skilak Lake (river mile 50) downstream for approximately 3 
miles (river mile 47) between March 15 and June 14, inclusive. You may 
have a motor attached to your boat and drift or row through this 
section, provided the motor is not operating.
    (D) We prohibit the operation of motors with a total propshaft 
horsepower rating greater than 10 horsepower on the Moose, Swanson, 
Funny, Chickaloon (upstream of river mile 7.5), Killey, and Fox rivers.
    (E) On the Kenai River downstream of Skilak Lake (river mile 50) to 
the refuge boundary (river mile 45.5), we restrict motorboat operation 
to only those motorboats with 4-stroke or direct fuel injection motors 
with a total propshaft horsepower rating of 50 horsepower or less, and 
that are up to 21 feet in length and up to 106 inches in width. On 
Skilak Lake, we restrict motorboat operation to only those motorboats 
with 4-stroke or direct fuel injection motors.
    (F) A ``no wake'' restriction applies to the entire water body of 
Engineer, Upper and Lower Ohmer, Bottenintnin, Upper and Lower Jean, 
Kelly, Petersen, Watson, Imeri, Afonasi, Dolly Varden, and Rainbow 
lakes.
    (ii) Notwithstanding any other provisions of these regulations, we 
prohibit the operation of motorboats from May 1 through September 10 on 
any lake where nesting trumpeter swans or their broods or both are 
present.
    (3) Off-road vehicles. (i) We prohibit the operation of all off-road 
vehicles, as defined at Sec.36.2, except that four-wheel drive, 
licensed, and registered motor vehicles designed and legal for highway 
use may operate on designated roads, rights-of-way, and parking areas 
open to public vehicular access. This prohibition applies to off-road 
vehicle operation on lake and river ice. At the operator's risk, we 
allow licensed and registered motor vehicles designed and legal for 
highway use on Hidden, Engineer, Kelly, Petersen, and Watson lakes only 
to provide access for ice fishing. You must enter and exit the lakes via 
existing boat ramps.
    (ii) We prohibit the operation of air cushion watercraft, air-thrust 
boats, jet skis and other personal watercraft, and all other motorized 
watercraft except motorboats.
    (iii) The Refuge Manager may issue a special use permit (FWS Form 3-
1383-G) for the operation of specialized off-road vehicles and 
watercraft for certain administrative activities (to include fish and 
wildlife-related monitoring, vegetation management, and

[[Page 552]]

infrastructure maintenance in permitted rights-of-way).
    (4) Snowmobiles. We allow the operation of snowmobiles only in 
designated areas and only under the following conditions:
    (i) We allow the operation of snowmobiles from December 1 through 
April 30 only when the Refuge Manager determines that there is adequate 
snow cover to protect underlying vegetation and soils. During this time, 
the Refuge Manager will authorize, through public notice (a combination 
of any or all of the following: Internet, newspaper, radio, and/or 
signs), the use of snowmobiles less than 48 inches in width and less 
than 1,000 pounds (450 kg) in weight.
    (ii) We prohibit snowmobile operation:
    (A) In all areas above timberline, except the Caribou Hills.
    (B) In an area within sections 5, 6, 7, and 8, T. 4 N., R. 10 W., 
Seward Meridian, 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.
    (C) In 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.
    (D) In 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 by a line 
from the east end of Swan Lake Road south to the west bank of the Moose 
River, and on the south by the refuge boundary.
    (E) In the Skilak Wildlife Recreation Area, except on Hidden, Kelly, 
Petersen, and Engineer lakes only to provide access for ice fishing. You 
must enter and exit these lakes via the existing boat ramps and operate 
exclusively on the lakes. Within the Skilak Wildlife Recreation Area, 
only Upper and Lower Skilak Lake campground boat launches may be used as 
access points for snowmobile use on Skilak Lake.
    (F) On maintained roads within the refuge. Snowmobiles may cross a 
maintained road after stopping.
    (G) For racing, or to herd, harass, haze, pursue, or drive wildlife.
    (5) Hunting and trapping. We allow hunting and trapping on the 
refuge in accordance with State and Federal laws and consistent with the 
following provisions:
    (i) You may not discharge a firearm within \1/4\ mile of designated 
public campgrounds, trailheads, waysides, buildings including public use 
cabins, or the Sterling Highway from the east Refuge boundary to the 
east junction of the Skilak Loop Road. You may not discharge a firearm 
within \1/4\ mile of the west shoreline of the Russian River from the 
upstream extent of the Russian River Falls downstream to its confluence 
with the Kenai River, and from the shorelines of the Kenai River from 
the east refuge boundary downstream to Skilak Lake and from the outlet 
of Skilak Lake downstream to the refuge boundary, except that firearms 
may be used in these areas to dispatch animals while lawfully trapping 
and shotguns may be used for waterfowl and small game hunting along the 
Kenai River. These firearms discharge regulations do not preclude use of 
firearms for taking game in defense of life and property as defined 
under State law.
    (ii) We prohibit hunting over bait, with the exception of hunting 
for black bear, and then only as authorized under the terms and 
conditions of a special use permit (FWS Form 3-1383-G) issued by the 
Refuge Manager.
    (iii) We prohibit hunting big game with the aid or use of a dog, 
with the exception of hunting for black bear, and then only as 
authorized under the terms and conditions of a special use permit (FWS 
Form 3-1383-G) issued by the Refuge Manager.
    (iv) We prohibit hunting and trapping within sections 5, 6, 7, and 
8, T. 4 N., R. 10 W., Seward Meridian, encompassing the Kenai Refuge 
Headquarters, Environmental Education Center, Visitor

[[Page 553]]

Center Complex, and associated public use trails. A map of closure areas 
is available at Refuge Headquarters.
    (v) The additional provisions for hunting and trapping within the 
Skilak Wildlife Recreation Area are set forth in paragraph (i)(6) of 
this section.
    (6) Hunting and trapping within the Skilak Wildlife Recreation Area. 
(i) The Skilak Wildlife Recreation Area is bound by a line beginning at 
the easternmost junction of the Sterling Highway and the Skilak Loop 
Road (Mile 58), then due south to the south bank of the Kenai River, 
then southerly along the south bank of the Kenai River to its confluence 
with Skilak Lake, then westerly along the north shore of Skilak Lake to 
Lower Skilak Campground, then northerly along the Lower Skilak 
campground road and the Skilak Loop Road to its westernmost junction 
with the Sterling Highway (Mile 75.1), then easterly along the Sterling 
Highway to the point of origin.
    (ii) The Skilak Wildlife Recreation Area (Skilak Loop Management 
Area) is closed to hunting and trapping, except as provided in 
paragraphs (i)(6)(iii) and (iv) of this section.
    (iii) You may hunt moose only with a permit issued by the Alaska 
Department of Fish and Game and in accordance with the provisions set 
forth in paragraph (i)(5) of this section.
    (iv) You may hunt small game in accordance with the provisions set 
forth in paragraph (i)(5) of this section and:
    (A) Using falconry and bow and arrow only from October 1 through 
March 1; or
    (B) If you are a youth hunter 16 years old or younger, who is 
accompanied by a licensed hunter 18 years old or older who has 
successfully completed a certified hunter education course (if the youth 
hunter has not), or by someone born on or before January 1, 1986. Youth 
hunters must use standard .22 rimfire or shotgun, and may hunt only in 
that portion of the area west of a line from the access road from the 
Sterling Highway to Kelly Lake, the Seven Lakes Trail, and the access 
road from Engineer Lake to Skilak Lake Road, and north of the Skilak 
Lake Road. The youth hunt occurs during each weekend from November 1 to 
December 31, including the Friday following Thanksgiving. State of 
Alaska bag limit regulations apply.
    (7) Fishing. We allow fishing on the refuge in accordance with State 
and Federal laws, and consistent with the following provisions:
    (i) We prohibit fishing during hours of operation of the Russian 
River Ferry along the south bank of the Kenai River from a point 100 
feet upstream to a point 100 feet downstream of the ferry dock.
    (ii) Designated areas along the Kenai River at the two Moose Range 
Meadows public fishing facilities along Keystone Drive are closed to 
public access and use. At these facilities, we allow fishing only from 
the fishing platforms and by wading in the Kenai River. To access the 
river, you must enter and exit from the stairways attached to the 
fishing platforms. We prohibit fishing from, walking or placing 
belongings on, or otherwise occupying designated areas along the river 
in these areas.
    (8) Public use cabin and camping area management. We allow camping 
and use of public use cabins on the refuge in accordance with the 
following conditions:
    (i) Unless otherwise further restricted, camping may not exceed 14 
days in any 30-day period anywhere on the refuge.
    (ii) Campers may not spend more than 7 consecutive days at Hidden 
Lake Campground or in public use cabins.
    (iii) The Refuge Manager may establish a fee and registration permit 
system for overnight camping at designated campgrounds and public use 
cabins. At all of the refuge's fee-based campgrounds and public use 
cabins, you must pay the fee in full prior to occupancy. No person may 
attempt to reserve a refuge campsite by placing a placard, sign, or any 
item of personal property on a campsite. Reservations and a cabin permit 
are required for public use cabins, with the exception of the Emma Lake 
and Trapper Joe cabins, which are available on a first-come, first-
served basis. Information on the refuge's public use cabin program is 
available from Refuge Headquarters and online at http://
www.recreation.gov.

[[Page 554]]

    (iv) Campers in developed campgrounds and public use cabins must 
follow all posted campground and cabin occupancy rules.
    (v) You must observe quiet hours from 11:00 p.m. until 7:00 a.m. in 
all developed campgrounds, parking areas, and public use cabins.
    (vi) Within developed campgrounds, we allow camping only in 
designated sites.
    (vii) Campfires. (A) Within developed campgrounds, we allow open 
fires only in portable, self-contained, metal fire grills, or in the 
permanent fire grates provided. We prohibit moving a permanent fire 
grill or grate to a new location.
    (B) Campers and occupants of public use cabins may cut only dead and 
down vegetation for campfire use.
    (C) You must completely extinguish (put out cold) all campfires 
before permanently leaving a campsite.
    (viii) While occupying designated campgrounds, parking areas, or 
public use cabins, all food (including lawfully retained fish, wildlife, 
or their parts), beverages, personal hygiene items, odiferous refuse, or 
any other item that may attract bears or other wildlife, and all 
equipment used to transport, store, or cook these items (such as 
coolers, backpacks, camp stoves, and grills) must be:
    (A) Locked in a hard-sided vehicle, camper, or camp trailer; in a 
cabin; or in a commercially produced and certified bear-resistant 
container; or
    (B) Immediately accessible to at least one person who is outside and 
attending to the items.
    (ix) We prohibit deposition of solid human waste within 100 feet of 
annual mean high water level of any wetland, lake, pond, spring, river, 
stream, campsite, or trail. In the Swan Lake and Swanson River Canoe 
Systems, you must bury solid human waste to a depth of 6 to 8 inches.
    (x) We prohibit tent camping within 600 feet of each public use 
cabin, except by members and guests of the party registered to that 
cabin.
    (xi) Within 100 yards of the Kenai River banks along the Upper Kenai 
River from river mile 73 to its confluence with Skilak Lake (river mile 
65), we allow camping only at designated primitive campsites. Campers 
can spend no more than 3 consecutive nights at the designated primitive 
campsites.
    (xii) We prohibit camping in the following areas of the refuge:
    (A) Within \1/4\ mile of the Sterling Highway, Ski Hill, or Skilak 
Loop roads, except in designated campgrounds.
    (B) On the two islands in the lower Kenai River between mile 25.1 
and mile 28.1 adjacent to the Moose Range Meadows Subdivision.
    (C) At the two refuge public fishing facilities and the boat 
launching facility along Keystone Drive within the Moose Range Meadows 
Subdivision, including within parking areas, and on trails, fishing 
platforms, and associated refuge lands.
    (9) Other uses and activities--(i) Must I register to canoe on the 
refuge? Canoeists on the Swanson River and Swan Lake Canoe Routes must 
register at entrance points using the registration forms provided. The 
maximum group size on the Canoe Routes is 15 people. The Refuge Manager 
may authorize larger groups under the terms and conditions of a special 
use permit (FWS Form 3-1383-G).
    (ii) May I use motorized equipment within designated Wilderness 
areas on the refuge? Within the Kenai Wilderness, except as provided in 
this paragraph (i), we prohibit the use of motorized equipment, 
including, but not limited to, chainsaws; generators; power tools; 
powered ice augers; and electric, gas, or diesel power units. We allow 
the use of motorized wheelchairs, when used by those whose disabilities 
require wheelchairs for locomotion. We allow the use of snowmobiles, 
airplanes, and motorboats in designated areas in accordance with the 
regulations in this paragraph (i).
    (iii) May I use non-motorized wheeled vehicles on the refuge? Yes, 
you may use bicycles and other non-motorized wheeled vehicles, but only 
on refuge roads and rights-of-way designated for public vehicular 
access. In addition, you may use non-motorized, hand-operated, wheeled 
game carts, specifically manufactured for such purpose, to transport 
meat of legally harvested big game on designated industrial roads

[[Page 555]]

closed to public vehicular access. Information on these designated roads 
is available from Refuge Headquarters. Further, you may use a wheelchair 
if you have a disability that requires its use for locomotion.
    (iv) May I ride or use horses, mules, or other domestic animals as 
packstock on the refuge? Yes, as authorized under State law, except on 
the Fuller Lakes Trail and on all trails within the Skilak Wildlife 
Recreation Area and the Refuge Headquarters area. All animals used as 
packstock must remain in the immediate control of the owner, or his/her 
designee. All hay and feed used on the refuge for domestic stock and 
sled dogs must be certified under the State of Alaska's Weed Free Forage 
certification program.
    (v) Are pets allowed on the refuge? Yes, pets are allowed, but you 
must be in control of your pet(s) at all times. Pets in developed 
campgrounds and parking lots must be on a leash that is no longer than 9 
feet in length. Pets are not allowed on hiking and ski trails in the 
Refuge Headquarters area.
    (vi) May I cut firewood on the refuge? The Refuge Manager may open 
designated areas of the refuge for firewood cutting. You may cut and/or 
remove firewood only for personal, noncommercial use, and only as 
authorized under the terms and conditions of a special use permit (FWS 
Form 3-1383-G) issued by the Refuge Manager.
    (vii) May I cut Christmas trees on the refuge? You may cut one 
spruce tree per household per year no larger than 20 feet in height from 
Thanksgiving through Christmas Day. Trees may be taken anywhere on the 
refuge, except that we prohibit taking trees from within the 2-square-
mile Refuge Headquarters area on Ski Hill Road. Trees must be harvested 
with hand tools, and must be at least 150 feet from roads, trails, 
campgrounds, picnic areas, and waterways (lakes, rivers, streams, or 
ponds). Stumps from harvested trees must be trimmed to less than 6 
inches in height.
    (viii) May I pick berries and other edible plants on the refuge? You 
may pick and possess unlimited quantities of berries, mushrooms, and 
other edible plants for personal, noncommercial use.
    (ix) May I collect shed antlers on the refuge? You may collect and 
keep up to eight (8) naturally shed moose and/or caribou antlers 
annually for personal, noncommercial use. You may collect no more than 
two (2) shed antlers per day.
    (x) May I leave personal property on the refuge? You may not leave 
personal property unattended longer than 72 hours unless in a designated 
area or as authorized under the terms and conditions of a special use 
permit (FWS Form 3-1383-G) issued by the Refuge Manager. However, refuge 
visitors involved in approved, extended overnight activities, including 
hunting, fishing, and camping, may leave personal property unattended 
during their continuous stay, but in no case longer than 14 days.
    (xi) If I find research marking devices, what do I do? You must 
return any radio transmitter collars, neck and leg bands, ear tags, or 
other fish and wildlife marking devices found or recovered from fish and 
wildlife on the refuge within 5 days of leaving the refuge to the Refuge 
Manager or the Alaska Department of Fish and Game.
    (xii) Are there special regulations for alcoholic beverages? In 
addition to the provisions of 50 CFR 27.81, anyone under the age of 21 
years may not knowingly consume, possess, or control alcoholic beverages 
on the refuge in violation of State of Alaska law or regulations.
    (xiii) Are there special regulations for public gatherings on the 
refuge? In addition to the provisions of 50 CFR 26.36, a special use 
permit (FWS Form 3-1383-G) is required for any outdoor public gathering 
of more than 20 persons.
    (10) Areas of the refuge closed to public use. (i) From March 15 
through September 30, you may not approach within 100 yards of, or walk 
on or otherwise occupy, the rock outcrop islands in Skilak Lake 
traditionally used by nesting cormorants and gulls. A map depicting the 
closure is available from the Refuge Headquarters.
    (ii) Headquarters Lake, adjacent to the Kenai Refuge Headquarters 
area, is closed to boating.
    (11) Area-specific regulations for the Russian River Special 
Management Area.

[[Page 556]]

The Russian River Special Management Area includes all refuge lands and 
waters within \1/4\ mile of the eastern refuge boundary along the 
Russian River from the upstream end of the fish ladder at Russian River 
Falls downstream to the confluence with the Kenai River, and within \1/
4\ mile of the Kenai River from the eastern refuge boundary downstream 
to the upstream side of the powerline crossing at river mile 73, and 
areas managed by the refuge under memorandum of understanding or lease 
agreement at the Sportsman Landing facility. In the Russian River 
Special Management Area:
    (i) While recreating on or along the Russian and Kenai rivers, you 
must closely attend or acceptably store all attractants, and all 
equipment used to transport attractants (such as backpacks and coolers) 
at all times. Attractants are any substance, natural or manmade, 
including but not limited to, items of food, beverage, personal hygiene, 
or odiferous refuse that may draw, entice, or otherwise cause a bear or 
other wildlife to approach. Closely attend means to retain on the person 
or within the person's immediate control and in no case more than 3 feet 
from the person. Acceptably store means to lock within a commercially 
produced and certified bear-resistant container.
    (ii) While recreating on or along the Russian and Kenai rivers, you 
must closely attend or acceptably store all lawfully retained fish at 
all times. Closely attend means to keep within view of the person and be 
near enough for the person to quickly retrieve, and in no case more than 
12 feet from the person. Acceptably store means to lock within a 
commercially produced and certified bear-resistant container.
    (iii) We prohibit overnight camping except in designated camping 
facilities at the Russian River Ferry and Sportsman's Landing parking 
areas. Campers may not spend more than 2 consecutive days at these 
designated camping facilities.
    (iv) You may start or maintain a fire only in designated camping 
facilities at the Russian River Ferry and Sportsman's Landing parking 
areas, and then only in portable, self-contained, metal fire grills, or 
in the permanent fire grates provided. We prohibit moving a permanent 
fire grill or grate to a new location. You must completely extinguish 
(put out cold) all campfires before permanently leaving your campsite.
    (12) Area-specific regulations for the Moose Range Meadows 
Subdivision non-development and public use easements. (i) Where the 
refuge administers two variable width, non-development easements held by 
the United States and overlaying private lands within the Moose Range 
Meadows Subdivision on either shore of the Kenai River between river 
miles 25.1 and 28.1, you may not erect any building or structure of any 
kind; remove or disturb gravel, topsoil, peat, or organic material; 
remove or disturb any tree, shrub, or plant material of any kind; start 
a fire; or use a motorized vehicle of any kind (except a wheelchair 
occupied by a person with a disability), unless such use is authorized 
under the terms and conditions of a special use permit (FWS Form 3-1383-
G) issued by the Refuge Manager.
    (ii) Where the refuge administers two 25-foot-wide public use 
easements held by the United States and overlaying private lands within 
the Moose Range Meadows Subdivision on either shore of the Kenai River 
between river miles 25.1 and 28.1, we allow public entry subject to 
applicable Federal regulations and the following provisions:
    (A) You may walk upon or along, fish from, or launch or beach a boat 
upon an area 25 feet upland of ordinary high water, provided that no 
vehicles (except wheelchairs) are used. We prohibit non-emergency 
camping, structure construction, and brush or tree cutting within the 
easements.
    (B) From July 1 to August 15, you may not use or access any portion 
of the 25-foot-wide public easements or the three designated public 
easement trails located parallel to the Homer Electric Association 
Right-of-Way from Funny River Road and Keystone Drive to the downstream 
limits of the public use easements. Maps depicting the seasonal closure 
are available from Refuge Headquarters.
    (13) Area-specific regulations for Alaska Native Claims Settlement 
Act Section 17(b)

[[Page 557]]

easements. Where the refuge administers Alaska Native Claims Settlement 
Act Section 17(b) easements to provide access to refuge lands, no person 
may block, alter, or destroy any section of the road, trail, or 
undeveloped easement, unless such use is authorized under the terms and 
conditions of a special use permit (FWS Form 3-1383-G) issued by the 
Refuge Manager. No person may interfere with lawful use of the easement 
or create a public safety hazard on the easement. Section 17(b) 
easements are depicted on a map available from Refuge Headquarters.
    (j) Kodiak National Wildlife Refuge--(1) Seasonal public use closure 
of the O'Malley River Area. The 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, except for 
individuals participating in the O'Malley River Bear-Viewing Program. 
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 25-foot-wide access easement on an 
existing trail within the Koniag Inc. Regional Native Corporation lands 
within properties described in paragraph (j)(1) of this section in favor 
of the United States of America.
    (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.
    (4) Camping prohibition near facilities. On lands within Kodiak 
National Wildlife Refuge, you are prohibited from camping within one-
quarter mile of public use cabins and Federal and administrative 
facilities, unless such activity is specifically authorized in a Refuge 
Special Use Permit. An administrative facility means any facility or 
site administered by the U.S. Fish and Wildlife Service or the State of 
Alaska for public entry or other administrative purposes, including but 
not limited to cabins, storage buildings, piers, docks, weirs, refuge 
offices, visitor centers, and public access and parking sites. Maps of 
the locations of public use cabins and administrative facilities

[[Page 558]]

are available from Refuge Headquarters in Kodiak, Alaska.
    (5) Snowmachine prohibition. Snowmachines, as defined in Sec.36.2, 
are prohibited within an approximately 4,972-acre area encompassing Den 
Mountain and adjacent highlands. The summit of Den Mountain is located 
within Township 29 South, Range 24 West, Seward Meridian, Alaska. Maps 
of the closed area are available from Refuge Headquarters in Kodiak, 
Alaska.

[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; 75 FR 16639, Apr. 1, 2010; 81 
FR 27043, May 5, 2016; 85 FR 54145, Aug. 31, 2020]



    Subpart F_Permits and Public Participation and Closure Procedures



Sec.36.41  Permits.

    (a) Applicability. The regulations contained in this section apply 
to the issuance and administration of competitively and noncompetitively 
issued permits for economic and/or other privileged uses on all national 
wildlife refuges in Alaska. Nothing in this section requires the refuge 
manager to issue a special use permit if not otherwise mandated by 
statute to do so. Supplemental procedures for granting historical use, 
Native Corporation, and local preferences in the selection of commercial 
operators to hold permits to provide visitor services, other than 
hunting and fishing guiding on refuges in Alaska, are addressed in Sec.
36.37, Revenue producing visitor services.
    (b) Definitions. As used in this section, the term or terms:
    Commercial visitor service means any service or activity made 
available for a fee, commission, brokerage or other compensation to 
persons who visit a refuge, including such services as providing food, 
accommodations, transportation, tours, and guides. Included is any 
activity where one participant/member or group of participants pays more 
in fees than the other participants (non-member fees, etc.), or fees are 
paid to the organization which are in excess of the bona fide expenses 
of the trip;
    Entire business means all assets including, but not limited to, 
equipment, facilities, and other holdings directly associated with the 
permittee's type of commercial visitor service authorized by permit. 
This term also includes assets held under the name of separate business 
entities, which provide the same specific type of commercial visitor 
services authorized by permit, that the permittee has a financial 
interest in. The term does not include related enterprises owned by the 
permittee such as taxidermy and travel services;
    Immediate family means the spouse and children, either by birth or 
adoption, of the permittee.
    Operations plan means a narrative description of the commercial 
operations which contains all required information identified in the 
prospectus;
    Permit means a special use permit issued by the refuge manager which 
authorizes a commercial visitor service or other activity restricted by 
law or regulation on a national wildlife refuge;
    Prospectus means the document that the Service uses in soliciting 
competition to award commercial visitor services on a refuge;
    Subcontracting means any activity in which the permittee provides 
financial or other remuneration to anyone other than employees to 
conduct the specific commercial services authorized by the Service. The 
permittee's primary authorized activities must be conducted in a genuine 
employer/employee relationship where the source of all remuneration for 
services provided to clients is from the permittee. Subcontracting does 
not apply to booking services or authorized secondary services provided 
to clients in support of the permittee's primary authorized activities 
(e.g., a guide paying a marine or air taxi operator to transport 
clients);
    Subletting means any activity in which the permittee receives 
financial or other remuneration in return for allowing another 
commercial operator to conduct any of the permittee's authorized 
activities in the permittee's use area; and
    Use area means the designated area where commercial services may be 
conducted by the permittee.

[[Page 559]]

    (c) General provisions. In all cases where a permit is required, the 
permittee must abide by the conditions under which the permit was 
issued. Refuge managers will provide written notice to the permittee in 
all cases where documentation of noncompliance is prepared for use in 
any administrative proceeding involving the permittee.
    (d) Application. (1) This section and other regulations in this part 
36, generally applicable to the National Wildlife Refuge System, require 
that permits be obtained from the refuge manager. For activities on the 
following refuges, request permits from the respective refuge manager in 
the following locations:

------------------------------------------------------------------------
                 Refuge                           Office location
------------------------------------------------------------------------
Alaska Peninsula National Wildlife        King Salmon.
 Refuge.
Alaska Maritime National Wildlife Refuge  Homer.
Aleutian Islands Unit, Alaska Maritime    Homer.
 NWR.
Arctic National Wildlife Refuge.........  Fairbanks.
Becharof National Wildlife Refuge.......  King Salmon.
Innoko National Wildlife Refuge.........  McGrath.
Izembek National Wildlife Refuge........  Cold Bay.
Kanuti National Wildlife Refuge.........  Fairbanks.
Kenai National Wildlife Refuge..........  Soldotna.
Kodiak National Wildlife Refuge.........  Kodiak.
Koyukuk National Wildlife Refuge........  Galena.
Nowitna National Wildlife Refuge........  Galena.
Selawik National Wildlife Refuge........  Kotzebue.
Tetlin National Wildlife Refuge.........  Tok.
Togiak National Wildlife Refuge.........  Dillingham.
Yukon Delta National Wildlife Refuge....  Bethel.
Yukon Flats National Wildlife Refuge....  Fairbanks.
------------------------------------------------------------------------

    (2) For noncompetitively issued permits, the applicant may present 
the application verbally if he/she is unable to prepare a written 
application. The refuge manager will keep a written record of such 
verbal application. For competitively issued permits, the applicant must 
submit a written application in the format delineated in the prospectus 
or other designated format of the Service.
    (3) The refuge manager will grant or deny applications for 
noncompetitively issued permits in writing within 45 days, except for 
good cause. For competitively issued permits, the refuge manager will 
grant or deny applications in accordance with the time frame established 
in the prospectus, except for good cause.
    (4) Refuge managers may establish application period deadlines for 
individual refuges for both competitively and noncompetitively issued 
permits. The refuge manager will send notification of availability for 
commercial opportunities and application deadlines to existing and/or 
the previous year's permittees. He/she will publish the notice in at 
least one newspaper of general circulation in the State and in at least 
one local newspaper if available, and will make available for broadcast 
on local radio stations in a manner reasonably calculated to inform 
local prospective applicants.
    (5) The Service may limit the number of applications that an 
individual may submit for competitively awarded offerings.
    (e) Competitively awarded permits. (1) Where the number of available 
permits is limited, refuge managers will award permits competitively. A 
prospectus with invitation to bid system will be the primary competitive 
method used for selecting commercial visitor services. Where justified, 
other selection methods, including but not limited to lotteries, may be 
used. Such circumstances may include, but not be 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

[[Page 560]]

section and include reasonable application periods of not less than 60 
days. When competitively selecting permittees for an activity in a use 
area where permits for that activity were not previously competitively 
awarded, the Service will publish notice of the upcoming opportunity a 
minimum of 18 months prior to the effective date of the permit term.
    (4) All prospectuses will identify the selection criteria that the 
Service will use to evaluate the proposals. All prospectuses involving 
commercial visitor services must include experience and performance in 
providing the same or similar services as a criterion. In evaluating the 
experience of an applicant, the Service will specifically consider 
knowledge of the specific area covered by the prospectus and the nature 
of the technical skills required to provide quality service to the 
public.
    (5) A panel of Service employees who use a scoring process based on 
the selection criteria will evaluate and rank applications received in 
response to a prospectus.
    (6) The Service has discretionary authority to not evaluate or 
consider proposals that are incomplete or improperly submitted.
    (7) The Service may establish minimum scores to qualify for the 
award of permits. If established, these minimum scores will be 
identified in the prospectus.
    (8) The Service may establish limits on the number of use areas 
within an individual refuge, or on refuges statewide, in which a 
permittee is authorized to operate. This limit applies to different 
corporations in which the same individual has any ownership interests.
    (9) When vacancies occur in competitively filled use areas, the 
procedure for reissuing the permits will depend on how long it has been 
since the permit originally was issued. The Service will award the 
permit to the next highest ranking interested applicant in the original 
solicitation, if a vacancy occurs within the first 12 months of the 
permit's effective date. Resolicited competition for the area will occur 
as soon as practicable if:
    (i) A vacancy occurs after 12 months of the permit's effective date; 
and
    (ii) At least 24 months of the original permit term is available for 
a new permittee after completion of the solicitation, application, 
evaluation and awards period. If less than 24 months of the term of the 
permit is available, the Service has the discretion to solicit 
competition during the regularly scheduled solicitation period. The 
Service may annually issue noncompetitive permits for vacant areas, 
where there has not been significant permittee interest, until 
competition can be solicited in conjunction with other solicitations for 
vacant areas.
    (10) Terms of permits awarded under the prospectus with invitation 
method are valid for 5 years except in those instances where the Service 
issues permits to fill vacancies occurring during a scheduled award 
cycle. In these instances, the permit duration is limited to the 
expiration date of the original award period. Permits awarded under the 
prospectus by invitation method must be renewed noncompetitively by the 
refuge manager for a period of 5 additional years upon application and a 
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;

[[Page 561]]

    (ii) The current permittee was either conducting the commercial 
operation in the refuge under authorization of a permit for a minimum of 
12 years or owns significant real property in the area, the value of 
which is dependent on holding a refuge permit. Consideration of the last 
element will include, but is not limited to:
    (A) The relationship of the real property to permitted refuge 
activities as documented in the operations plan;
    (B) The percentage that the authorized refuge activities comprise of 
the total commercial use associated with the real property; and
    (C) The appraised value of the real property.
    (iii) The transferee must be independently qualified to hold the 
permit under the standards of the prospectus of the original existing 
permit.
    (iv) The transferee has an acceptable history of compliance with 
State and Federal fish and wildlife and related permit regulations 
during the past 5 years. An individual with any felony conviction is an 
ineligible transferee. Transfer approval to an individual having any 
violations, convictions, or pleas of nolo contendere for fish and 
wildlife related federal misdemeanors or State violations will be 
discretionary. Denial is based on, but not limited to, whether the 
individual committed any violation in which the case disposition 
resulted in any of the following:
    (A) Any jail time served or probation;
    (B) Any criminal fine of $250 or greater;
    (C) Forfeiture of equipment or harvested animal (or parts thereof) 
valued at $250 or greater;
    (D) Suspension of privileges or revocation of any fish and wildlife 
related license/permits;
    (E) Other alternative sentencing that indicates the penalty is of 
equal severity to the foregoing elements; or
    (F) Any multiple convictions or pleas of nolo contendere for fish 
and wildlife-related Federal misdemeanors or State fish and wildlife-
related violations or misdemeanors irrespective of the amount of the 
fine.
    (12) The transferee must follow the operations plan of the original 
permittee. The transferee may modify the operations plan with the 
written consent of the refuge manager as long as the change does not 
result in increased adverse impacts to refuge resources or other refuge 
users.
    (13) Upon timely approval of the transfer, the Service will issue 
the new permittee a permit for the remaining portion of the original 
permit term. The refuge manager retains the right to restrict, suspend, 
revoke, or not renew the permit for failure to comply with its terms and 
conditions.
    (14) Permit privileges issued under this paragraph (e) may be 
transferred, subject to refuge manager approval, to a former spouse when 
a court awards permit-associated business assets in a divorce settlement 
agreement to that person. The recipient must independently qualify to 
hold the originally issued permit under the minimum standards identified 
by the Service, and the permittee must have an acceptable history of 
compliance as set forth in paragraph (e)(11)(iv) of this section.
    (15) Permit privileges issued under this paragraph (e) may be 
transferred 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

[[Page 562]]

prospectus method to make the terms fully consistent with this section, 
including eligibility for a 5-year non-competitive renewal.
    (f) Fees. Permittees must pay fees formally established by regional 
and/or nation-wide Service policy. The refuge manager must document any 
fee exemption.
    (g) Subletting and subcontracting. A permittee may not sublet any 
part of an authorized use area. Subcontracting any service authorized by 
the permit requires written approval from the refuge manager unless the 
subcontracted service is specifically identified in the permittee's 
approved perations plan.
    (h) Restriction, suspension and revocation of permits. The refuge 
manager may suspend, revoke, or reasonably restrict the terms of a 
permit for noncompliance with the terms and conditions of the 
regulations in this subchapter C; for nonuse of the permit; for 
violations/convictions (including pleas of nolo contendere) of any law 
or regulation pertaining to the same type of activity authorized by the 
permit, whether or not the activity occurred on or off the refuge; to 
protect public health or safety; or if the refuge manager determines the 
use to be incompatible with refuge purposes or is inconsistent with the 
Service's obligations under Title VIII of the Alaska National Interest 
Lands Conservation Act. All actions pertaining to this paragraph are 
subject to the appeal process as set forth in paragraph (i) of this 
section.
    (i) Appeals. (1) Any person adversely affected by a refuge manager's 
decision or order relating to the person's permit, or application for a 
permit, has the right to have the decision or order reviewed by the 
regional director. This section does not apply to permits or 
applications for rights-of-way. See 50 CFR 29.22 for the hearing and 
appeals procedure on rights-of-way.
    (2) Prior to making any adverse decision or order on any permit or 
an application for a noncompetitively issued permit, the refuge manager 
will notify the permittee or applicant, verbally or in writing, of the 
proposed action and its effective date. A permittee or applicant of 
noncompetitively issued permits, shall have 45 calendar days after 
notification in which to present to the refuge manager, orally or in 
writing, a statement in opposition to the proposed action or effective 
date. Notification in writing to a valid permit holder shall occur 
within 10 calendar days after receipt of the statement in opposition to 
the refuge manager's final decision or order. An applicant for a 
noncompetitively issued permit shall be notified in writing within 30 
calendar days after receipt of the statement in opposition, of the 
refuge manager's final decision or order. An applicant for a 
competitively issued permit who is not selected will not receive advance 
notice of the award decision. Such applicants, who wish to appeal the 
decision must appeal directly to the regional director within the time 
period provided for in paragraph (i)(3) of this section.
    (3) The permittee or applicant shall have 45 calendar days from the 
postmarked date of the refuge manager's final decision or order in which 
to file a written appeal to the regional director. In appeals involving 
applicants who were not selected during a competitive selection process, 
the selected 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

[[Page 563]]

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 non-motorized 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 paragraph (f) of this section; 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 non-motorized surface transportation, or to the taking of fish and 
wildlife, shall not be effective prior to notice and hearing in the 
vicinity of the area(s) affected by such closures or restriction, and 
other locations as appropriate;
    (2) Other temporary closures shall be effective upon notice as 
prescribed in paragraph (f) of this section; and
    (3) Temporary closures or restrictions shall extend only for so long 
as necessary to achieve their purposes, and in no case may exceed 12 
months or be extended beyond that time.
    (e) Permanent closures or restrictions. Permanent closures or 
restrictions shall be made only after notice and public hearings in the 
affected vicinity and other locations as appropriate, and after 
publication in the Federal Register.
    (f) Notice. Emergency, temporary, or permanent closures or 
restrictions shall be:
    (1) Published in at least one newspaper of general circulation in 
the State and in at least one local newspaper if available, posted at 
community post offices within the vicinity affected, made available for 
broadcast on local radio stations in a manner reasonably calculated to 
inform residents in the affected vicinity, and designated on a map which 
shall be available for public inspection at the office of the Refuge 
Manager and other places convenient to the public; or
    (2) Designated by the posting of appropriate signs; or
    (3) Both.
    (g) Openings. In determining whether to open an area to public use 
or activity otherwise prohibited, the Refuge Manager shall provide 
notice in the

[[Page 564]]

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) Prohibitions. Except as otherwise specifically permitted under 
the provisions of this part, entry into closed areas or failure to abide 
by restrictions established under this section is prohibited.

[46 FR 31827, June 17, 1981, as amended at 81 FR 52273, Aug. 5, 2016; 82 
FR 52011, Nov. 9, 2017]



 Sec. Table I to Part 36--Summary Listing the National Wildlife Refuges 
   in Alaska as established by the Alaska Lands Act, Pub. L. 96-487, 
                            December 2, 1980

1. Alaska Maritime, including:
    Aleutian Island*
    Bering Sea*
    Bogoslof*
    Chamisso*
    Forrester Island*
    Hazy Islands*
    Pribilof*
    Saint Lazaria*
    Semidi*
    Simeonof*
    Tuxedni*
2. Alaska Peninsula
3. Arctic, including: William O. Douglas*
4. Becharof**
5. Innoko
6. Izembek*
7. Kanuti
8. Kenai*
9. Kodiak*
10. Koyukuk
11. Nowitna
12. Selawik
13. Tetlin
14. Togiak, including: Cape Newenham*
15. Yukon Delta, including:
    Clarence Rhode*
    Hazen Bay*
    Nunivak*
16. Yukon Flats*
---------------------------------------------------------------------------

    *These indicated units were previously existing refuges before the 
Alaska Lands Act of December 2, 1980, and are now part of the 16 
National Wildlife Refuges established by the Alaska Lands Act.
---------------------------------------------------------------------------



PART 37_GEOLOGICAL AND GEOPHYSICAL EXPLORATION OF THE COASTAL PLAIN, 
ARCTIC NATIONAL WILDLIFE REFUGE, ALASKA--Table of Contents



                      Subpart A_General Provisions

Sec.
37.1 Purpose.
37.2 Definitions.
37.3 Other applicable laws.
37.4 Disclaimer and disqualification.

                     Subpart B_General Requirements

37.11 General standards for exploratory activities.
37.12 Responsibilities of permittee.
37.13 Group participation.
37.14 Bonding.

                       Subpart C_Exploration Plans

37.21 Application requirements.
37.22 Approval of exploration plan.
37.23 Special use permit.
37.24 Plan of operation.
37.25 Revision.

                   Subpart D_Environmental Protection

37.31 Environmental protection.
37.32 Special areas.
37.33 Environmental briefing.

                    Subpart E_General Administration

37.41 Responsibilities of the Regional Director.
37.42 Inspection and monitoring.
37.43 Suspension and modification.
37.44 Revocation and relinquishment.
37.45 Exploration by the U.S. Geological Survey.
37.46 Cost reimbursement.
37.47 Civil penalties.

                 Subpart F_Reporting and Data Management

37.51 Operational reports.
37.52 Records.
37.53 Submission of data and information.
37.54 Disclosure.

Appendix I to Part 37--Legal Description of the Coastal Plain, Arctic 
          National Wildlife Refuge, Alaska

    Authority: Sec. 1002, Pub. L. 96-487, 94 Stat. 2449, as amended by 
sec. 110, Pub. L. 97-394, 96 Stat. 1982 (16 U.S.C. 3142); sec. 110, Pub. 
L. 89-665, as added by sec. 206, Pub. L. 96-515, 94 Stat. 2996 (16 
U.S.C. 470h-2); sec. 401, Pub. L. 148, 49 Stat. 383, as amended (16 
U.S.C. 715s); 31 U.S.C. 9701; 5 U.S.C. 301; 209 DM 6.1.

[[Page 565]]


    Source: 48 FR 16858, Apr. 19, 1983, unless otherwise noted.
    Note: The information collection requirements contained in this part 
do not require approval by the Office of Management and Budget under 44 
U.S.C. 3501 et seq., because there are fewer than 10 respondents 
annually.



                      Subpart A_General Provisions



Sec.37.1  Purpose.

    These regulations implement the requirement of section 1002(d) of 
the Alaska National Interest Lands Conservation Act, 94 Stat. 2450, as 
amended, 16 U.S.C. 3142(d), that the Secretary establish guidelines 
governing surface geological and geophysical exploration for oil and gas 
within the coastal plain of the Arctic National Wildlife Refuge. Section 
1002 mandates an oil and gas exploration program for the refuge's 
coastal plain. The program shall culminate in a report to Congress which 
contains, among other things, the identification of those areas within 
the coastal plain that have oil and gas production potential, an 
estimate of the volume of oil and gas concerned, the description of the 
wildlife, its habitat, and other resources that are within the areas 
identified, and an evaluation of the adverse effects that the carrying 
out of further exploration for, and the development and production of, 
oil and gas within such areas will have on the refuge's resources. It is 
the objective of this program to ascertain the best possible data and 
information concerning the probable existence, location, volume, and 
potential for further exploration, development, and production of oil 
and gas within the coastal plain without significantly adversely 
affecting the wildlife, its habitat, or the environment and without 
unnecessary duplication of exploratory activities. These regulations 
prescribe the requirements and procedures for obtaining authorization 
for and the conduct of such exploratory activities, and for submitting 
to the Department the resulting data and information. These regulations 
also describe other matters relating to the administration of the 
program.



Sec.37.2  Definitions.

    The following definitions are applicable to the sections of this 
part.
    (a) Act means section 1002 of the Alaska National Interest Lands 
Conservation Act, 94 Stat. 2449, as amended by section 110 of Pub. L. 
97-394, 96 Stat. 1982, 16 U.S.C. 3142.
    (b) Adequate protective cover means snow or a frostline, or both, 
sufficient to protect the vegetation and soil from significant adverse 
effects due to the operation of surface equipment, as determined by the 
Regional Director.
    (c) Coastal lagoons means the waters and submerged lands between the 
mainland and the offshore barrier islands that lie between Brownlow 
Point and the Aichilik River within the coastal plain.
    (d) Coastal plain means that area shown on the map entitled ``Arctic 
National Wildlife Refuge'', dated August 1980, and legally described in 
appendix I of this part.
    (e) Cultural resource means any district, site, building, structure, 
or object significant in American history, architecture, archeology, 
engineering or culture, as determined in accordance with 36 CFR 60.6.
    (f) Department means the Department of the Interior and any of its 
component bureaus and offices.
    (g) Director means the Director of the U.S. Fish and Wildlife 
Service of his authorized representative.
    (h) Exploration plan means the way in which a program of exploratory 
activities is proposed to be arranged and carried out.
    (i) Exploratory activities means surface geological exploration or 
seismic exploration or both of the coastal plain 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.

[[Page 566]]

    (k) Hazardous substances means petroleum, petroleum products, toxic 
materials, chemical effluent, explosives, or other materials which are 
likely to cause significant adverse effects to the refuge's wildlife, 
its habitat, the environment, or humans.
    (l) Permittee means the person authorized by a special use permit 
issued pursuant to this part to conduct exploratory activities on the 
coastal plain; any official, employee, contractor, subcontractor or 
agent of the permittee or of the permittee's designee; and any 
participant to the permittee's permit.
    (m) Person means any individual, partnership, firm, corporation, 
association, organization, or agency.
    (n) Plan of operation means detailed procedures, covering a period 
not to exceed 12 months, proposed for executing an exploration plan.
    (o) Processed, analyzed and interpreted data or information means 
any data or information which results from any subsequent modification, 
processing, analysis, or interpretation of raw data and information by 
human or electronic means, on or off the refuge.
    (p) Raw data and information means all original observations and 
recordings in written or electronic form and samples obtained during 
field operations.
    (q) Refuge means the Arctic National Wildlife Refuge.
    (r) Regional Director means the Regional Director, Region 7 of the 
U.S. Fish and Wildlife Service, or his authorized representative.
    (s) Rehabilitation means the act of returning the landform and 
vegetation to as near its original shape and condition as practicable, 
as determined by the Regional Director.
    (t) Secretary means the Secretary of the Interior or his authorized 
representative.
    (u) Service means the U.S. Fish and Wildlife Service.
    (v) Solicitor means the Solicitor of the Department of the Interior 
or his authorized representative.
    (w) Special use permit means a revocable, nonpossessory privilege 
issued in writing by the Regional Director and authorizing the permittee 
to enter and use the refuge for a specified period to conduct 
exploratory activities, and other activities necessary thereto.
    (x) Support facilities means facilities on or near the refuge used 
to provide logistical support for the field exploratory activities.
    (y) Third party means any person other than a representative of the 
permittee or the United States government.
    (z) Waste means all material for discard from exploratory 
activities. It includes, but is not limited to, human waste, trash, 
garbage, refuse, fuel drums, shot wire, survey stakes, explosives boxes, 
ashes, and functional and nonfunctional equipment.
    (aa) Wildlife means fish or wildlife or both.



Sec.37.3  Other applicable laws.

    (a) Nothing in this part shall be construed to relieve a permittee 
or any person from complying with any applicable federal laws or any 
applicable state and local laws, the requirements of which are not 
inconsistent with this part.
    (b) Until the litigation between the United States and the State of 
Alaska over title to the submerged lands of the coastal lagoons, 
``United States v. Alaska'', Sup. Ct., No. 84, Orig. (1979), is 
resolved, the permittee shall satisfy both federal and state 
requirements for conducting oil and gas exploration in the coastal 
lagoons. In the event of an inconsistency between such requirements the 
permittee shall satisfy that requirement which provides the greatest 
environmental protection.



Sec.37.4  Disclaimer and disqualification.

    (a) Authorization granted under this part to conduct exploratory 
activities 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

[[Page 567]]

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 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.

[[Page 568]]

    (e) The permittee shall perform operations and maintain equipment in 
a safe and workmanlike manner. The permittee shall take all reasonable 
precautions necessary to provide adequate protection for the health and 
safety of life and the protection of property and to comply with any 
health and safety requirements prescribed by the Regional Director.



Sec.37.13  Group participation.

    (a) To avoid unnecessary duplication of exploratory activities, the 
permittee shall, if ordered by the Regional Director, afford all 
interested persons, through a signed agreement, an opportunity to 
participate in its exploratory activities. Within 60 days following such 
order, the permittee shall provide evidence satisfactory to the Regional 
Director of its compliance therewith. The permittee shall provide the 
Regional Director with the names and addresses of all additional 
participants, as they join.
    (b) If, with the approval of the Regional Director, the permittee at 
any time changes any provisions of its approved exploration plan 
relating to areal extent, intensity of exploratory activities, or 
logistical support, and the Regional Director determines such changes to 
be significant, the Regional Director may require the permittee to 
afford all interested persons another opportunity to participate in the 
permitted exploratory activities in accordance with paragraph (a) of 
this section.
    (c) The requirements of this section do not preclude the permittee 
from initiating field operations as authorized under its special use 
permit.
    (d) All participants shall be bound by the regulations of this part, 
the permittee's special use permit, approved exploration plan and plan 
of operation and any reasonable stipulations, demands and orders issued 
by the Regional Director.



Sec.37.14  Bonding.

    (a) Before the issuance of its special use permit, any applicant 
whose exploration plan has been approved under Sec.37.22 shall furnish 
to the Service a surety bond of not less than $100,000, or other 
security satisfactory to the Service, to secure performance of its 
exploration plan and plan(s) of operation and compliance with the permit 
and this part. Such surety bond shall be issued by qualified surety 
companies approved by the Department of the Treasury (see Department of 
the Treasury Circular No. 570). Such bond shall be maintained by the 
permittee for the benefit of the Service until the Regional Director 
notifies the permittee in writing that all terms and conditions of its 
exploration plan, special use permit, plan of operation, and this part 
have been met or otherwise consents to its cancellation or termination. 
Any bond furnished or maintained by a person under this section shall be 
on a form approved or prescribed by the Regional Director. The Regional 
Director may require an increase in the amount of any bond or other 
security to be furnished and any outstanding bond or security or require 
a new bond or security whenever additional coverage is needed to secure 
performance of its exploration plan and plan(s) of operation and 
compliance with the permit and this part or is needed as a consequence 
of default.
    (b) Whenever a permittee's exploration plan, plan of operation, or 
special use permit is revised or modified, the permittee shall provide 
to the Regional Director within 30 days thereafter an acknowledgement by 
the surety that its bond continues to apply to the exploration plan, 
plan of operation or special use permit, as revised or modified, unless 
a waiver of notice to the surety is contained in the bond or the surety 
is not otherwise released by 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.

[[Page 569]]



                       Subpart C_Exploration Plans



Sec.37.21  Application requirements.

    (a) Prior to submitting an exploration plan, applicants may meet 
with the Regional Director to discuss their proposed plans and 
exploratory activities and the requirements of this part.
    (b) Any person wanting to conduct exploratory activities may apply 
for a special use permit by submitting for approval one or more written 
exploration plans, in triplicate, to the Regional Director, Region 7, 
U.S. Fish and Wildlife Service, 1011 East Tudor Road, Anchorage, Alaska 
99503. To be considered, exploration plans covering the period from the 
inception of the program through May 31, 1986, or any portions thereof, 
must be received by the Regional Director during normal business hours 
on May 20, 1983; exploration plans covering exploratory activities other 
than seismic exploration for the period from June 1, 1984, through May 
31, 1986, or any portions thereof, must be received by the Regional 
Director during normal business hours on April 2, 1984; and exploration 
plans covering, but not limited to, seismic exploration for the period 
from October 1, 1984, through May 31, 1986, or any portions thereof, 
must be received by the Regional Director during normal business hours 
on June 4, 1984.
    (c) In addition to containing the information required in paragraph 
(d) of this section, any exploration plan submitted shall describe the 
applicant's plan for carrying out an integrated program of exploratory 
activities in such a manner as will satisfy the objective and 
limitations stated in Sec.37.1. If an applicant submits an exploration 
plan on May 20, 1983 with the intention of submitting another 
exploration plan on March 1, 1984, the applicant shall describe in its 
initial plan how its future exploratory activities will be integrated 
with those proposed under its initial plan. Any applicant submitting an 
exploration plan on May 20, 1983 which incorporates preliminary field 
investigations and/or surface geological exploration proposed to 
commence before August 1, 1983 may submit a written request to the 
Regional Director for an expedited review and approval of that portion 
of the exploration plan covering such preliminary investigations and/or 
exploration. Each exploration plan submitted must be published and be 
the subject of a public hearing in accordance with requirements of Sec.
37.22(b).
    (d) An exploration plan shall set forth in general terms such 
information as is required by this part and by the Regional Director in 
determining whether the plan is consistent with this part, including, 
but not limited to:
    (1) The name and address of any person who will conduct the proposed 
exploratory activities, i.e., the applicant/permittee, and, if that 
person is an agency, firm, corporation, organization, or association, 
the names and addresses of the responsible officials, or, if a 
partnership, the names and addresses of all partners;
    (2) The names and addresses of all persons planning at the time of 
plan submittal to participate in the proposed exploratory activities or 
share in the data and information resulting therefrom through a cost-
sharing or any other arrangement;
    (3) Evidence of the applicant's technical and financial ability to 
conduct integrated and well designed exploratory activities in an arctic 
or subarctic environment and of the applicant's responsibility in 
complying with any exploration permits previously held by it;
    (4) A map at a scale of 1:250,000 of the geographic areas in which 
exploratory activities are proposed and of the approximate locations of 
the applicant's proposed geophysical survey lines, travel routes to and 
within the refuge, fuel caches, and major support facilities;
    (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

[[Page 570]]

of exploratory activities are proposed to be commenced and completed;
    (8) A description of the applicant's proposed communication 
technniques;
    (9) A description of the equipment, support facilities, methods of 
access and personnel that will be used in carrying out exploratory 
activities;
    (10) A hazardous substances control and contingency plan describing 
actions to be taken to use, store, control, clean up, and dispose of 
these materials in the event of a spill or accident;
    (11) A general description of the anticipated impacts that the 
proposed exploratory activities may have on the refuge's wildlife, its 
habitat, the environment, subsistence uses and needs, and cultural 
resources, and a description of mitigating measures which will be 
implemented to minimize or avoid such impacts;
    (12) A description of the proposed procedures for monitoring the 
environmental impacts of its operation and its compliance with all 
regulatory and permit requirements;
    (13) A statement that, if authorized to conduct exploratory 
activities, the applicant shall comply with this part, its special use 
permit, its approved exploration plan, plan of operation, and all 
reasonable stipulations, demands and orders issued by the Regional 
Director;
    (14) A description of the applicant's proposed data quality 
assurance and control program; and
    (15) Such other pertinent information as the Regional Director may 
reasonably require.

[48 FR 16858, Apr. 19, 1983, as amended at 49 FR 7570, Mar. 1, 1984]



Sec.37.22  Approval of exploration plan.

    (a) An exploration plan shall be approved by the Regional Director 
if he determines that it satisfies the requirements of Sec.37.21 (c) 
and (d) and is otherwise consistent with the Act and the regulations of 
this part. In order to meet the objective and limitations stated in 
Sec.37.1, enforce the standards stated in Sec.37.11(b), or minimize 
adverse impacts on subsistence uses, the Regional Director may approve 
or disapprove any exploration plan in whole or in part or may require, 
as a condition of approval, an applicant to conduct its exploratory 
activities in an assigned area or jointly with other applicants or to 
make such modification in its exploration plan as he considers necessary 
and appropriate to make it consistent with this part. No plan shall be 
approved if the applicant submitting it does not demonstrate to the 
reasonable satisfaction of the Regional Director its adequate technical 
and financial ability to conduct integrated and well designed 
exploratory activities in an arctic or subarctic environment, and a 
history of responsible compliance with any exploration permits that it 
or its responsible officials or partners may have previously held.
    (b) Upon receipt of an exploration plan submitted in accordance with 
Sec.37.21(b), the Regional Director shall promptly publish notice of 
the application and text of the plan in the Federal Register and 
newspapers of general circulation in the State of Alaska. The Regional 
Director shall determine within 90 days after the plan is submitted 
whether the plan is consistent with this part. The Regional Director may 
extend this 90-day period for up to 30 additional days upon written 
notice to the applicant. Before making his determination, the Regional 
Director shall hold at least one public hearing in the State for the 
purpose of receiving public comments on the plan and may confer with the 
applicant whenever he deems it necessary. The Regional Director shall 
give the applicant written notice of his determination.
    (c) Whenever the Regional Director disapproves an exploration plan 
in whole or in part, he shall notify the applicant in writing of the 
reasons for his disapproval. The applicant may request 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

[[Page 571]]

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 issue by incorporating 
it in any hearing held pursuant to paragraph (b) of this section and 
shall otherwise satisfy the procedural requirements of section 810(a) of 
the Alaska National Interest Lands Conservation Act, 94 Stat. 2427, 16 
U.S.C. 3120, before approving the plan.



Sec.37.23  Special use permit.

    (a) Within 45 days, or sooner if practicable, of approving an 
exploration plan, or portion thereof, the Regional Director shall, 
unless prohibited by law, issue a special use permit to authorize the 
permittee to proceed with those exploratory activities described and 
approved in its exploration plan, or portion thereof, provided that the 
requirements of Sec.37.14(a) have been satisfied. The special use 
permit may contain such terms and conditions and may be amended from 
time to time as the Regional Director deems necessary and appropriate to 
carry out the Act and this part.
    (b) Before issuing a special use permit to authorize exploration of 
lands within the coastal plain allotted pursuant to the Act of May 17, 
1906, 34 Stat. 197, as amended by the Act of August 2, 1956, 70 Stat. 
954, or on lands within the coastal plain the surface estate in which 
has been selected by or conveyed to the Kaktovik Inupiat Corporation 
pursuant to Sections 12 and 14 of the Alaska Native Claims Settlement 
Act, 85 Stat. 701 and 702, 43 U.S.C. 1611 and 1613, the Regional 
Director shall seek the views of the holder of such approved native 
allotment or the Corporation for the purpose of developing

[[Page 572]]

permit conditions designed to mitigate the effects of such exploration 
on its interests.



Sec.37.24  Plan of operation.

    Each approved exploration plan shall be supplemented by a written 
plan of operation for each fiscal year, or portions thereof, covered by 
the exploration plan. Each plan of operation shall specify the field 
operations for implementing that exploration plan during the year, or 
portions thereof, covered by the plan of operation. Each plan of 
operation shall be submitted to the Regional Director at least 30 days 
before field operations are to be commenced thereunder, except that any 
plan of operation supplementing a portion of an exploration plan that 
received expedited review and approval pursuant to Sec.37.21(c) shall 
be submitted 10 days before field operations are to be commenced 
thereunder. A plan of operation shall set forth such specific 
information as is required by the Regional Director in determining 
whether the plan is consistent with the exploration plan to which it 
pertains and with this part. The permittee shall make such modifications 
in its plan of operation as are deemed at any time by the Regional 
Director to be necessary and appropriate to ensure such consistency. 
Reconsideration of the Regional Director's actions under this section 
may be obtained by employing the procedures described in Sec.37.22(c).



Sec.37.25  Revision.

    (a) A permittee may request the Regional Director for permission to 
revise its approved exploration plan. Until the Regional Director grants 
the permittee's request, no revision of its exploration plan shall be 
implemented. Such request shall be deemed to be granted on the 10th 
working day following its receipt unless the Regional Director denies 
the request; advises the permittee that the proposed revision is major 
and, therefore, must satisfy the publication and hearing requirements of 
Sec.37.22(b) before it can be acted upon; by timely written notice 
extends the period for considering the request; conditionally approves 
the proposed revision with such modifications as he stipulates are 
necessary and appropriate; or, unconditionally approves the proposed 
revision within a shorter period. No revision of an exploration plan 
shall be approved that is inconsistent with the Act or this part. 
Approval of any revision is subject to the conditions stated in Sec.
37.22(d) to the extent that they are pertinent.
    (b) Upon 10 working days advance notice to the Regional Director of 
its proposed revision, or within such lesser period as may be concurred 
in by the Regional Director, a permittee may implement a revision of its 
plan of operation, provided that such revision is consistent with the 
exploration plan to which the plan of operation pertains and this part. 
The Regional Director may require the permittee to defer, modify, or 
rescind such revision whenever he determines that such action is 
necessary and appropriate to ensure such consistency.
    (c) Reconsideration of the Regional Director's actions under this 
section may be obtained by employing the procedures described in Sec.
37.22(c). A request for reconsideration shall not operate to stay the 
Regional Director's actions unless such stay is granted in writing by 
the Director.



                   Subpart D_Environmental Protection



Sec.37.31  Environmental protection.

    (a) The permittee shall conduct operations in a manner which avoids 
significant adverse effects on the refuge's wildlife, its habitat, and 
environment. The Regional Director may impose stipulations to supplement 
the permittee's special use permit and issue other orders as needed to 
ensure that the permittee's activities are conducted in a 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

[[Page 573]]

Director shall confer with the permittee, if practicable to do so, 
regarding the required action or actions included in the demand. 
Reconsideration of the Regional Director's demands under this section 
may be obtained by employing the procedures described in Sec.37.22(c). 
A request for reconsideration shall not operate to stay the Regional 
Director's demands or the Department's performance pursuant to this 
section unless such stay is granted in writing by the Director.
    (b) Terrestrial environment. (1) Vehicles shall be operated in a 
manner such that the vegetative mat or soil is not significantly damaged 
or displaced. Blading of snow on trails or campsites shall be limited so 
as to maintain an adequate protective cover.
    (2) Ground vehicles shall be of the type causing the least 
practicable harm to the surface, such as Nodwell FN-110 or FN-60 or 
Bombardier track vehicles, mobile camps on flexible tracks or skids, 
vibrator units on flexible tracks or wheels, D-7 Caterpillar tractors, 
or their equivalent. They shall be operated only in the winter and where 
there is adequate protective cover. Vehicle operation shall cease in the 
spring when the Regional Director determines that the protective cover 
is no longer adequate. Operation of ground vehicles in the summer is 
prohibited.
    (3) Movement of equipment through riparian willow stands shall be 
avoided, except when approved by the Regional Director.
    (4) Above ground explosive charges shall be utilized in a manner to 
minimize damage to the vegetative mat.
    (5) Campsites may be located on lakes which are frozen throughout, 
including bottom sediments, on durable ground, and on lagoons which are 
frozen to sufficient depth to ensure safety of personnel, but shall not 
be located on river ice. Durable ground can include gravel or sand bars 
or vegetated ground with adequate protective cover.
    (6) Campsites and trails shall be kept clean of waste.
    (7) Gray water may be discharged to the surface provided it is 
filtered, disinfected, and not discharged directly into lakes and 
rivers.
    (8) The permittee shall take all precautionary measures necessary to 
prevent and suppress man-caused tundra fires and shall notify the 
Regional Director of the occurrence of any tundra fires immediately or 
as soon as communication can be established.
    (9) Rehabilitation of disturbed surface areas shall be accomplished 
by the permittee in accordance with schedules and a plan required and 
approved by the Regional Director. Revegetation shall be accomplished 
exclusively with endemic species.
    (10) The permittee shall not harass wildlife in any manner, 
including, but not limited to, close approach by surface vehicles or 
aircraft. Aircraft should maintain an altitude of at least 1500 feet 
above ground level whenever practicable.
    (11) No explosives shall be detonated within \1/2\ miles of any 
known denning brown or polar bear or any muskoxen or caribou herd.
    (12) The permittee shall operate in such a manner as not to impede 
or restrict the free passage and movement of large mammals, including 
caribou, muskoxen, moose, polar bear, and brown bear.
    (13) Feeding of wildlife is prohibited. This includes the leaving of 
garbage or edibles in a place which would attract wildlife. Garbage 
shall be kept in covered animal-proof containers while awaiting 
incineration.
    (14) Hunting, fishing, and trapping by the permittee within the 
refuge are prohibited during the conduct of exploratory activities. 
Employing firearms in defense of life and property is allowed.
    (c) Aquatic environment. (1) The permittee shall not significantly 
alter the banks of streams, rivers, or lakes while 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

[[Page 574]]

lakes identified by the Regional Director as inhabited by fish shall be 
prohibited during the winter.
    (3) To protect fish and other aquatic fauna, high explosives shall 
not be detonated within, beneath, on or in close proximity to fish-
bearing waters unless prior drilling indicates that the water body, 
including its substrate, is solidly frozen. The minimum acceptable 
offset from fishing-bearing waters for various size charges is:

1 pound charge--50 feet
2 pound charge--75 feet
5 pound charge--125 feet
10 pound charge--150 feet
25 pound charge--250 feet
100 pound charge--500 feet


Use of a charge in excess of 100 pounds shall be approved by the 
Regional Director and shall be in a manner prescribed or approved by 
him.
    (4) All operations shall be conducted in a manner that will not 
impede the passage of fish, disrupt fish spawning, overwintering or 
nursery areas identified by the Regional Director or block or change the 
character or course of, or cause significant siltation or pollution of 
any stream, river, pond, pothole, lake, lagoon, or drainage system.
    (5) Ground vehicles shall not cross active spring areas.
    (d) Cultural resources. (1) Prior to implementing any plan of 
operation, the permittee shall obtain from the Regional Director copies 
of the cultural resource reconnaissance reports, maps and other 
available documents which identify all known cultural resource sites and 
areas of predicted high probability of containing cultural resources. 
The Regional Director may reasonably restrict or prohibit exploratory 
activities in these areas and, in accordance with 36 CFR part 800, 
thereby mitigate, minimize or avoid any adverse effects thereon.
    (2) Unless otherwise specified by the Regional Director, the 
following prohibitions shall be in effect:
    (i) No vehicle of any type shall pass over or through a known 
cultural resource site with standing structures; and
    (ii) No seismic train shall camp on a known cultural resource site.
    (3) If any exploratory activities require entry into areas known to 
contain historic or archeological resources, high probability areas, or 
areas previously unsurveyed for cultural resources, prior to the 
initiation of such activities, the permittee shall, if ordered by the 
Regional Director, locate, identify and evaluate properties eligible for 
listing on the National Register of Historic Places, recover for the 
Department historic and archeological data contained in such properties, 
and take other measures, as directed by the Regional Director, designed 
to mitigate, minimize or avoid to the extent practicable any significant 
adverse effects on them. Such efforts shall be done in a manner 
prescribed or approved by the Regional Director in accordance with a 
programmatic memorandum of agreement among the Service, the State 
Historic Preservation Officer and the Advisory Council on Historic 
Preservation, and without expense or liability to the Department.
    (e) General. (1) All spills or leakages of any hazardous substances, 
fires, fatalities, and any other conditions which threaten the refuge's 
resources, the environment, or human safety, shall be reported by the 
permittee to the Regional Director immediately or as soon as 
communication can be established. Other notifications shall be made by 
the permittee as required by applicable laws.
    (2) All combustible solid waste shall be incinerated or returned to 
the permittee's base of operations for disposal in accordance with 
applicable federal, state and local standards. All non-combustible solid 
waste, including, but not limited to, fuel drums and shot wire, shall be 
returned to the permittee's base of operations for disposal in 
accordance with applicable federal, state and local standards.
    (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.

[[Page 575]]

    (4) Unless exigencies warrant, in any field operations employing 
surface geological exploration, the equipment, facilities, and personnel 
used within the coastal plain shall not exceed that necessary to support 
a maximum of 6 simultaneously operating surface geological survey crews, 
and in any field operations employing seismic exploration methods, the 
equipment, facilities, and personnel used within the coastal plain shall 
not exceed that necessary to support a maximum of 6 simultaneously 
operating seismic survey crews.
    (5) No fuel storage facilities shall be placed within the annual 
floodplain of fish-bearing watercourses or within 100 feet of any other 
water body, and no vehicle refueling shall occur within such areas 
except when approved by the Regional Director. All fuel storage sites 
shall be approved by the Regional Director. Fuel containers shall be 
properly stored and marked with the permittee's name, type of fuel, and 
last date of filling. All fuel containers with a storage capacity 
greater than 55 gallons shall be of double-wall construction. All fuels 
containers, including those emptied, shall be capped when not in actual 
use. All fuel containers placed within the annual floodplain of fish-
bearing watercourses shall be removed prior to breakup.
    (6) The permittee shall not disturb or damage any geodetic land 
survey monuments. If any monument is disturbed or damaged, the permittee 
shall reestablish it in a manner acceptable to the Regional Director.
    (7) The timing and location of the detonation of explosives shall be 
approved in advance by the Regional Director.
    (8) No permanent structures or facilities will be erected within the 
coastal plain. The type and location of temporary structures and 
facilities including, but not limited to, ice airstrips, for use in 
support of exploratory activities must be approved by the Regional 
Director.



Sec.37.32  Special areas.

    (a) Caribou calving and post-calving special areas. The Regional 
Director shall designate within the coastal plain specific caribou 
calving and post-calving special areas which shall be closed to all 
exploratory activities for such periods between May 10 and July 15 of 
each year as those areas are determined by the Regional Director to be 
used for caribou calving and post-calving or both so as to ensure that 
exploratory activities do not significantly adversely affect calving and 
post-calving caribou. No exploratory activities shall be conducted in 
such designated areas during such periods.
    (b) Muskoxen calving special areas. Whenever he deems it necessary 
or appropriate to ensure that exploratory activities do not 
significantly adversely affect calving muskoxen, the Regional Director 
shall designate within the following areas specific areas which shall be 
closed to all exploratory activities for such periods between April 15 
and June 5 of each year as those areas are determined by the Regional 
Director to be used for muskoxen calving. No exploratory activities 
shall be conducted in such designated areas during such periods.
    (1) One generally encompassing the Tamayariak uplands bordered on 
the east by the Tamayariak River, on the northwest by the Canning River, 
on the east by a north-south line intersecting the benchmark ``Can'', 
and on the south by an east-west line also intersecting the benchmark 
``Can''.
    (2) One generally encompassing the Carter Creek uplands, bordered on 
the east by the Sadlerochit River, on the north by the mainland 
coastline, on the west by Carter Creek, and on the south by an east-west 
line approximately six miles inland from the coastline.
    (3) One generally encompassing the Niguanak hills, bordered on the 
east by the Angun River, on the north by the mainland coastline, on the 
west by a 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

[[Page 576]]

within the coastal plain brown bear and polar bear denning sites within 
\1/2\ mile of which all exploratory activities shall be prohibited for 
such periods between October 1 of one year and April 30 of the following 
year as are prescribed by the Regional Director.
    (d) Snow goose staging special areas. Whenever he deems it necessary 
or appropriate to ensure that exploratory activities do not 
significantly adversely affect staging snow geese, the Regional Director 
shall designate within the general area bordered on the east by the 
Aichilik River, on the north by the mainland coastline, on the west by 
the Hulahula River, and on the south by the southern boundary of the 
coastal plain, specific snow goose staging special areas which shall be 
closed to all exploratory activities during such periods between August 
20 and September 10 of each year as those areas are determined by the 
Regional Director to be used for snow goose staging. No exploratory 
activities shall be conducted in such designated areas during such 
periods.
    (e) In addition, the Regional Director may designate specific areas 
within the coastal plain that are important for other wildlife or that 
encompass lands the surface estate in which is owned by holders of 
approved native allotments or the Kaktovik Inupiat Corporation as 
special areas in which exploratory activities may be prohibited, 
conditioned or otherwise restricted in such manner and for such period 
as prescribed by the Regional Director to avoid significant adverse 
effects from exploratory activities.
    (f) The Regional Director shall notify the permittee of the 
locations of designated special areas and of the applicable limitations 
on its exploratory activities as far in advance of the effective dates 
of such limitations as is possible. The Regional Director may modify or 
remove such designations and limitations whenever he determines that 
they are no longer necessary to protect the resources or values of such 
special areas from significant adverse effects.
    (g) No exploratory activities shall be conducted by any permittee at 
any time within \1/2\ mile of the source of the Sadleochit Spring or 
within \1/4\ mile on either side of Sadlerochit Spring Creek for a 
distance of 5 miles downstream from its source.



Sec.37.33  Environmental briefing.

    The permittee shall provide opportunities for the Regional Director 
to conduct environmental and other pertinent briefings for all of its 
personnel involved in field operations prior to commencement of field 
work and periodically thereafter as the Regional Director may determine. 
The permittee shall require the attendance of its personnel and arrange 
the time and place for such briefings upon the request of the Regional 
Director. In addition, the permittee shall provide a copy of this part 
to each employee involved with its exploratory activities.



                    Subpart E_General Administration



Sec.37.41  Responsibilities of the Regional Director.

    The Regional Director is authorized to approve and disapprove 
exploration plans; issue special use permits; inspect and regulate 
exploratory activities; require compliance with the permittee's approved 
exploration plan, plan of operation, this part, and other statutes and 
regulations under which the refuge is administered; and perform all 
other duties assigned to the Regional Director by this part. The 
Regional Director may issue written or oral stipulations, demands and 
orders to carry out his responsibilities, and amend and terminate them 
as he deems appropriate. Any oral stipulation, demand or order shall be 
confirmed in writing within 3 working days from its issuance.



Sec.37.42  Inspection and monitoring.

    The Regional Director may designate field representatives, 
hereinafter 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

[[Page 577]]

Director shall have a continuing right of access to any part of the 
exploratory activities at any time for inspection or monitoring and for 
any other purpose that is consistent with this part. A permittee, upon 
request by the Regional Director, shall furnish lodging, food, and 
reasonable use of its communication and surface and air transportation 
systems, to the Field Monitors and other representatives of the United 
States for the purposes of inspecting and monitoring the permittee's 
exploration activities in the field and for any other purpose consistent 
with this part. Whenever possible, the Regional Director shall give 
advance notice of the need for such services and facilities, including 
the names of persons to be accommodated.



Sec.37.43  Suspension and modification.

    If at any time while exploratory activities are being carried out 
under an approved exploration plan and special use permit, the Regional 
Director, on the basis of information available to him, determines that 
continuation of further activities under the plan or permit will 
significantly adversely affect the refuge's wildlife, its habitat, or 
the environment, or significantly restrict subsistence uses, or that the 
permittee has failed to comply with its approved exploration plan, plan 
of operation, special use permit, any reasonable stipulation, demand or 
order of the Regional Director, or any regulation of this part, the 
Regional Director may, without any expense or liability to the 
Department, suspend activities under the plan and/or permit for such 
time, or make such modifications to the plan and/or permit, or both 
suspend and so modify, as he determines necessary and appropriate. Such 
suspensions shall state the reasons therefore and be effective 
immediately upon receipt of the notice. Suspensions issued orally shall 
be followed by a written notice confirming the action within 3 days, and 
all written notices will be sent by messenger or registered mail, return 
receipt requested. A suspension shall remain in effect until the basis 
for the suspension has been corrected to the satisfaction of the 
Regional Director. For good cause, the Regional Director may also grant 
at the permittee's request, a written waiver of any provision of its 
special use permit, so long as such waiver will not be likely to result 
in significant adverse effects on the refuge's resources. 
Reconsideration of the Regional Director's actions under this section 
may be obtained by employing the procedures described in Sec.37.22(c). 
A request for reconsideration shall not operate to stay the Regional 
Director's actions unless such stay is granted in writing by the 
Director.



Sec.37.44  Revocation and relinquishment.

    For nonuse, for failure to comply with Sec.37.14, or for any 
action of the permittee not consistent with this part, the Regional 
Director may revoke or a permittee may relinquish a special use permit 
to conduct exploratory activities at any time by sending to the other a 
written notice of revocation or relinquishment. Such notice shall state 
the reasons for the revocation or relinquishment and shall be sent by 
registered mail, return receipt requested, at least 30 days in advance 
of the date that the revocation or relinquishment will be effective. 
Revocation or relinquishment of a permit to conduct exploratory 
activities shall not relieve the permittee of the obligation to comply 
with all other obligations specified in this part and in its special use 
permit, approved exploration plan and plan of operation. Reconsideration 
of the Regional Director's actions under this section may be obtained by 
employing the procedures described in Sec.37.22(c). A request for 
reconsideration shall not operate to stay the Regional Director actions 
unless such stay is granted in writing by the Director.



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

[[Page 578]]

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 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

[[Page 579]]

are not readily identifiable with one of the applicants, shall be paid 
by each of the applicants in equal shares.
    (c) Upon issuance of a special use permit, the permittee shall make 
an initial advance payment covering that current fiscal year quarter and 
quarterly payments thereafter to cover the actual costs incurred by the 
Department in administering the permittee's permit for its duration. 
Such costs shall include, but are not limited to, those direct costs and 
indirect costs, as established by the indirect costs rate of the 
charging bureau or office, incurred in reviewing and acting on 
permittee's plan(s) of operation; reviewing evidence of the permittee's 
compliance with any order given by the Regional Director under Sec.
37.13; preparing and issuing the permittee's special use permit; 
inspecting, monitoring, and enforcing the permittee's compliance with 
its approved exploration plan, plan(s) of operation, special use permit 
and this part; performing the permittee's obligations pursuant to Sec.
37.31(a); and identifying, evaluating and preserving historic, 
archeological and cultural resources in areas to be explored by the 
permittee. Each quarterly payment will be paid at the outset of the 
quarter and will cover the estimated cost of that quarter as adjusted by 
the Regional Director by reason of any adjustment warranted by paragraph 
(b) of this section or by overpayments or underpayments in previous 
quarters for which adjustment has not already been made. Upon 
termination of the permittee's special use permit, reimbursement or 
refundment of any outstanding amounts due the Department or the 
permittee shall be made within 180 days.
    (d) Estimates required by this section shall be made by the Regional 
Director on the basis of the best available cost information. However, 
reimbursement shall not be limited to the Regional Director's estimate 
if actual costs exceed projected estimates.
    (e) All payments required by this section shall be made payable to 
the Service. No applicant or permittee shall set off or otherwise deduct 
any debt due to or any sum claimed to be owed to it by the United States 
from any payment required by this section. Overpayments shall be 
credited or refunded to the person making them.
    (f) When through partnership, joint venture or other business 
arrangement more than one person applies for or participates in a 
special use permit, each shall be jointly and severally liable for 
reimbursing the Department's cost under this section.
    (g) Any lodging, food, communication, and transportation provided by 
a permittee under Sec.37.42 shall be deemed to be costs paid to the 
Department in kind for services rendered in inspecting and monitoring 
the permittee's exploratory activities. At the end of each quarter, the 
permittee shall furnish the Regional Director with a report, in a format 
approved or prescribed by him, on the goods and services provided during 
that quarter, and the names of the individuals to whom they were 
provided.
    (h) Any dispute between an applicant or permittee and the Regional 
Director as to costs actually incurred by the Department and charged to 
the applicant or permittee shall be finally decided for the Secretary by 
the Director, using the procedures described in Sec.37.22(c).



Sec.37.47  Civil penalties.

    (a) This section prescribes the procedures for assessing a civil 
penalty for the violation of any provision of an approved exploration 
plan, any term or condition of the special use permit issued under Sec.
37.23, or any prohibition contained in this part. The civil penalty 
remedy afforded by this section is in addition to all other remedies 
available to the Secretary.
    (b) Notice of violation. (1) The notice of violation shall be issued 
by the Solicitor and served personally or by registered mail upon the 
person named in 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

[[Page 580]]

compromise or settlement of the action.
    (2) The notice of violation shall also advise respondent of his 
right to:
    (i) Respond to the notice within 45 calendar days from the date of 
its issuance by: (A) Undertaking informal discussions with the 
Solicitor; (B) Accepting the proposed penalty or the compromise, if any, 
offered in the notice; or (C) Filing a petition for relief in accordance 
with paragraph (c) of this section; or
    (ii) Take no action and await the Solicitor's notice of assessment. 
Such response must be received by the Solicitor on or before the 45th 
day during normal business hours at the address stated in the notice.
    (3) Any notice of violation may be amended, but any nontechnical 
amendment will extend the running of the respondent's 45 day period for 
response from the date of the notice to the date of the amendment.
    (4) Acceptance of the proposed penalty or the compromise, if any, 
stated in the notice of violation shall be deemed to be a waiver of the 
notice of assessment required in paragraph (d) of this section and of 
the respondent's right to an opportunity for a hearing described in 
paragraph (e) of this section.
    (c) Petition for relief. If the respondent chooses, he may ask that 
no penalty be assessed or that the amount be reduced and he may admit or 
contest the legal sufficiency of the Solicitor's charges and allegations 
of facts, by filing a petition for relief at the address specified in 
the notice within 45 calendar days from the date thereof. Such petition 
must be received by the Solicitor on or before the 45th day during 
normal business hours. The petition shall be in writing and signed by 
the respondent. If the respondent is a corporation, partnership, 
association or agency, the petition must be signed by an officer or 
official authorized to sign such document. It must set forth in full the 
legal or other reasons for the relief requested.
    (d) Notice of assessment. (1) After 45 calendar days from the date 
of the notice of violation or any amendment thereof, the Solicitor may 
proceed to determine whether the respondent committed the violation 
alleged and to determine the amount of civil penalty to be assessed, 
taking into consideration the information available and such showing as 
may have been made by the respondent. The Solicitor shall notify the 
respondent of his determinations by a written notice of assessment, 
which shall also set forth the basis for his determinations. The notice 
of assessment shall be served on the respondent personally or by 
registered mail.
    (2) The notice of assessment shall also advise the respondent of his 
right to request a hearing on the matter in accordance with paragraph 
(e) of this section.
    (e) Request for a hearing. Within 45 calendar days from the date of 
the issuance of the notice of assessment, the respondent may request a 
hearing to be conducted on the matter in accordance with 5 U.S.C. 554 
through 557 by filing a dated, written request for hearing with the 
Hearings Division, Office of Hearings and Appeals, Department of the 
Interior, 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

[[Page 581]]

will be timely only if received in the Office of the Solicitor during 
normal business hours on or before the 20th day.
    (g) Hearing. (1) Upon receipt of a request for a hearing, the 
Hearings Division will assign an administrative law judge who shall have 
all the powers accorded by law and necessary to preside over the parties 
and the hearing and to make decisions in accordance with 5 U.S.C. 554 
through 557. Notice of such assignment shall be given promptly to the 
respondent and to the Solicitor at the address stated in the notice of 
assessment. Upon notice of the assignment of an administrative law judge 
to the case, the Solicitor shall file all correspondence and petitions 
exchanged between the Solicitor and the respondent which shall become a 
part of the hearing record.
    (2) The hearing shall be conducted in accordance with 5 U.S.C. 554 
through 557 and with 43 CFR part 4 to the extent that it is not 
inconsistent with this part. Subject to 43 CFR 1.3, the respondent may 
appear in person, by representative, or by counsel. The hearing shall be 
held in a location established by the administrative law judge, giving 
due regard to the convenience of the parties, their representatives and 
witnesses. Failure to appear at the time set for hearing shall be deemed 
a waiver of the right to a hearing and consent to the decision on the 
record made at the hearing. The judge shall render a written decision on 
the record, which shall set forth his findings of facts and conclusions 
of law and the reasons therefore, and an assessment of a civil penalty 
if he determines that the respondent committed the violation charged.
    (3) Discovery shall be obtained by employing the procedures 
described 43 CFR 4.1130 through 4.1141. In addition, discovery of facts 
known and opinions held by experts, otherwise discoverable under 43 CFR 
4.1132(a) and acquired and developed in anticipation of administrative 
adjudication or litigation, may be obtained only as follows:
    (i)(A) A party through interrogatories require any other party to 
identify each person whom the other party expects to call as an expert 
witness, to state the subject matter on which the expert is expected to 
testify, and to state the substance of the facts and opinions to which 
the expert is expected to testify and a summary of the grounds for each 
opinion.
    (B) Upon motion, the administrative law judge may order further 
discovery by other means, subject to such restrictions as to scope and 
such provisions under paragraph (g)(3)(iii) of this section concerning 
fees and expenses, as the administrative law judge may deem appropriate.
    (ii) A party may discover facts known or opinions held by an expert, 
who has been retained or employed by another party in anticipation of 
administrative adjudication or litigation or preparation therefore and 
who is not expected to be called as a witness, only upon a showing of 
exceptional circumstances under which it is impracticable for the party 
seeking discovery to obtain facts or opinions on the same subject by 
other means.
    (iii) Unless manifest injustice would result, (A) the administrative 
law judge shall require the party seeking discovery to pay the expert, 
or the Department if the expert is an employee of the United States, a 
reasonable fee for time spent in responding to paragraphs (g)(3)(i)(B) 
and (g)(3)(ii) of this section; and (B) with respect to discovery under 
paragraph (g)(3)(i)(B) of this section the administrative law judge may 
require and with respect to discovery under paragraph (g)(3)(ii) of this 
section the administrative law judge shall require, the party seeking 
discovery to pay the other party a fair portion of the fees and expenses 
reasonably incurred by the latter party in obtaining facts and opinions 
from the expert.
    (4) Unless the notice of appeal is filed in accordance with 
paragraph (h) of 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,

[[Page 582]]

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 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.

[[Page 583]]



Sec.37.52  Records.

    The permittee shall keep accurate and complete records relating to 
its exploratory activities and to all data and information, including, 
but not limited to, raw, processed, reprocessed, analyzed and 
interpreted data and information, obtained as a result thereof. Until 
September 2, 1989, the Secretary shall have access to and the right to 
examine and reproduce any records, papers, or other documents relating 
to such activities, data and information in order to ascertain the 
permittee's compliance with this part, ability to perform under any 
special use permit, and reliability and accuracy of all data, 
information and reports submitted to the Regional Director.



Sec.37.53  Submission of data and information.

    (a) The permittee shall submit to the Regional Director free of 
charge all data and information obtained as a result of carrying out 
exploratory activities. Such data and information include copies of all 
raw data and information and all processed, analyzed and interpreted 
data or information. The permittee shall, unless directed otherwise by 
the Regional Director, submit such data and information within 30 days 
after the end of the annual quarter during which they become available 
to it at every level of data gathering or utilization, i.e., 
acquisition, processing, reprocessing, analysis, and interpretation.
    (b) Each submission of geophysical data or information shall 
contain, unless otherwise specified by the Regional Director, the 
following:
    (1) An accurate and complete record of each geophysical survey 
conducted under the permittee's permit, including digital navigational 
data, if obtained, and final location maps of all survey stations; and,
    (2) All seismic data developed under the permit, presented in a 
format prescribed or approved by the Regional Director and of a quality 
suitable for processing.
    (c) Processed geophysical information shall be submitted with 
extraneous signals and interference removed as much as possible, and 
presented in a format and of a quality suitable for interpretive 
evaluation, reflecting state-of-the-art processing techniques.
    (d) Processed, analyzed and interpreted data or information required 
to be submitted by the Act and this section shall include, but not be 
limited to, seismic record sections, and intepretations thereof; 
geologic maps, cross sections, and intepretations thereof; maps of 
gravitational and magnetic fields and interpretations thereof; and 
chemical or other analyses of rock samples collected on the refuge and 
interpretations thereof.
    (e) Any permittee or other person submitting processed, analyzed and 
interpreted data or information to the Regional Director shall clearly 
identify them by marking the top of each page bearing such data or 
information with the words ''PROCESSED, ANALYZED AND INTERPRETED DATA OR 
INFORMATION''. All pages so marked shall be physically separated by the 
person submitting them from those not so marked, unless doing so will 
destroy the value or integrity of the data or information presented. In 
that event or in the event that an item is submitted which is not 
susceptible to marking by page, the document or item submitted will be 
accompanied by a summary identifying the location of all processed, 
analyzed and interpreted data or information which are not segregated or 
marked by page, and explaning the reasons therefore. All pages not 
marked with this legend, all other data and information not identified 
as bearing such data or information, and all other data and information 
incorrectly identified as bearing such data or information shall be 
treated as raw data and information and shall be made available to the 
public upon request in accordance with Sec.37.54(a). The Department 
reserves the right to determine whether any page or item is correctly 
identified as constituting processed, 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

[[Page 584]]

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 permittee has provided data and information pursuant 
to Sec.37.22(d)(3) and provide a description of the area to which such 
data and information pertain.



Sec.37.54  Disclosure.

    (a) The Department shall make raw data and information obtained as a 
result of carrying out exploratory activities and submitted by the 
permittee or a third party available to the public upon submittal to the 
Congress of the report required by subsection (h) of the Act in 
accordance with subsection (e)(2)(C) of the Act, this section, and the 
procedural requirements of the Freedom of Information Act, 5 U.S.C. 552, 
and 43 CFR part 2. The Department shall withhold from the public all 
processed, analyzed and interpreted data or information obtained as a 
result of carrying out exploratory activities and submitted by the 
permittee or a third party, if they have been properly marked and 
correctly identified in accordance with Sec.37.53(e), until 10 years 
after the submission of such data or information to the Regional 
Director or until 2 years after any lease sale including the area within 
the refuge from which such data or information were obtained, whichever 
period is longer, by invoking subsection (e)(2)(C) of the Act and 
exemption 3 to the Freedom of Information Act, 5 U.S.C. 552(b)(3). 
Thereafter, the Department shall treat such data or information as raw 
data and information. The Department shall make all other records, 
except exploration plans which must be published in accordance with 
Sec.37.22(b), submitted by a permittee or a third party relating to 
the activities covered by the Act and this part available to the public 
in accordance with the Freedom of Information Act, 5 U.S.C. 552, and 43 
CFR part 2.
    (b) The Department reserves the right to disclose any data and 
information obtained as a result of carrying out exploratory activities 
and submitted by a permittee or a third party and any other information 
submitted by a permittee or a third party which may be exempt from 
public disclosure under the Freedom of Information Act, 5 U.S.C. 552, to 
an agent or third party in order to carry out the Department's statutory 
authorities. When practicable, the Department shall notify the permittee 
who provided the data or information of its intent to disclose the data 
or information to an agent or third party. Prior to any such disclosure, 
the recipient shall be required to execute a written commitment not to 
transfer or to otherwise disclose any data or information to anyone 
without the express consent of the Department. The recipient shall be 
liable for any unauthorized use by or disclosure of such data or 
information to other third parties.
    (c) The Department reserves the right to disclose upon proper 
request any processed, analyzed and interpreted data and information and 
any other confidential information to the State of Alaska, to the 
Congress and any committee or subcommittee of the Congress having 
jurisdiction over the refuge or this exploration program, and to any 
part of the Executive and Judicial Branches of the United States for 
official use. The recipient shall be responsible for maintaining the 
confidentiality of such data and information in accordance with the Act.
    (d) Commercial use by any person of data or information obtained as 
a result of carrying out exploratory activities and disclosed pursuant 
to this section is prohibited. No person shall obtain access from the 
Department, pursuant to paragraph (a) of this section, to any data or 
information obtained as a result of carrying out exploratory activities 
and submitted by the permittee or a third party until such person 
provides the Department with a statement 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).

[[Page 585]]



  Sec. Appendix I to Part 37--Legal Description of the Coastal Plain, 
                 Arctic National Wildlife Refuge, Alaska

    Beginning at the meander corner of section 35 on the First Standard 
Parallel North on the line of mean high water on the left bank of the 
Canning River, T. 5 N., R. 23 E., Umiat Meridian;
    Thence easterly, along the First Standard Parallel North, 
approximately 40\3/4\ miles to the closing corner of T. 4 N., Rs. 30 and 
31 E., Umiat Meridian;
    Thence southerly, between Rs. 30 and 31 E., approximately 6 miles to 
the corner of Tps. 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian;
    Thence easterly, between Tps. 3 and 4 N., approximately 18 miles to 
the corner of Tps. 3 and 4 N., Rs. 33 and 34 E., Umiat Meridian;
    Thence southerly, between Rs. 33 and 34 E., approximately 6 miles to 
the corner of Tps. 2 and 3 N., Rs. 33 and 34 E., Umiat Meridian;
    Thence easterly, between Tps. 2 and 3 N., approximately 21 miles to 
the meander corner of sections 4 and 33, on the line of mean high water 
on the left bank of the Aichilik River, Tps. 2 and 3 N., R. 37 E., Umiat 
Meridian;
    Thence northeasterly, along the line of mean high water on the left 
bank of the Aichilik River, approximately 32 miles to a point at the 
line of mean high tide of the Beaufort Lagoon, located in section 28, T. 
6 N., R. 40 E., Umiat Meridian;
    Thence on an approximate forward bearing of N. 65 degrees E., 
approximately 7,600 feet to a point on the northerly boundary of the 
Arctic National Wildlife Refuge located in section 22, T. 6 N., R. 40 
E., Umiat Meridian at the line of extreme low tide;
    Thence northwesterly, along the northerly boundary of the Arctic 
National Wildlife Refuge at the line of extreme low tide on the seaward 
side of all offshore bars, reefs and islands, approximately 28 miles, to 
a point in section 33, T. 9 N., R. 36 E., that is due north of the 
corner of T. 8 N., Rs. 36 and 37 E., Umiat Meridian;
    Thence due South, approximately \3/4\ mile to the corner of T. 8 N., 
Rs. 36 and 37 E., Umiat Meridian;
    Thence southerly between Rs. 36 and 37 E., approximately 3 miles to 
the corner of sections 13, 18, 19, and 24, T. 8. N., Rs. 36 and 37 E., 
Umiat Meridian;
    Thence westerly, between sections 13 and 24, approximately 1 mile to 
the corner of sections 13, 14, 23 and 24, T. 8. N., R. 36 E., Umiat 
Meridian;
    Thence northerly, between sections 13 and 14, approximately 1 mile 
to the corner of sections 11, 12, 13 and 14, T. 8. N., R. 36 E., Umiat 
Meridian;
    Thence westerly, between sections 11 and 14, 10 and 15, 9 and 16, 8 
and 17, approximately 4 miles to the corner of sections 7, 8, 17 and 18, 
T. 8 N., R. 36 E., Umiat Meridian;
    Thence southerly, between sections 17 and 18, 19 and 20, 29 and 30 
to the corner of sections 29, 30, 31 and 32, T. 8. N., R. 36 E., Umiat 
Meridian;
    Thence westerly, between sections 30 and 31, approximately 1 mile to 
the corner of sections 25, 30, 31 and 36, T. 8. N., Rs. 35 and 36 E., 
Umiat Meridian;
    Thence southerly, between sections 31 and 36, approximately 1 mile 
to the corner of Tps. 7 and 8 N., Rs. 35 and 36 E., Umiat Meridian;
    Thence westerly, between Tps. 7 and 8 N., approximately 1 mile to 
the corner of sections 1, 2, 35 and 36, Tps. 7 and 8 N., R. 35 E., Umiat 
Meridian;
    Thence Northerly, between sections 35 and 36 and 25 and 26, 23 and 
24, approximately 3 miles to the corner of sections 13, 14, 23 and 24, 
T. 8 N., R. 35 E., Umiat Meridian;
    Thence westerly, between sections 14 and 23, 15 and 22, 16 and 21, 
17 and 20, 18 and 19, 13 and 24, 14 and 23, 15 and 22, 16 and 21, 17 and 
20, approximately 10 miles to the corner of sections 17, 18, 19 and 20, 
T. 8 N., R. 34 E., Umiat Meridian;
    Thence northerly, between sections 17 and 18, approximately 1 mile 
to the corner of sections 7, 8, 17 and 18, T. 8 N., R. 34 E., Umiat 
Meridian;
    Thence westerly, between sections 7 and 18, approximately 1 mile to 
the corner of sections 7, 12, 13 and 18, T. 8 N., Rs. 33 and 34 E., 
Umiat Meridian;
    Thence southerly, between Rs. 33 and 34 E., approximately 1 mile to 
the corner of sections 13, 18, 19 and 24, T. 8 N., Rs. 33 and 34 E., 
Umiat Meridian;
    Thence westerly, between sections 13 and 24, 14 and 23, 15 and 22, 
approximately 3 miles to the corner of sections 15, 16, 21 and 22, T. 8 
N., R. 33 E., Umiat Meridian;
    Thence southerly, between sections 21 and 22, approximately 1 mile 
to the corner of sections 21, 22, 27 and 28, T. 8 N., R. 33 E., Umiat 
Meridian;
    Thence westerly, between sections 21 and 28, approximately one mile 
to the corner of sections 20, 21, 28 and 29, T. 8 N., R. 33 E., Umiat 
Meridian;
    Thence southerly, between sections 28 and 33, 29 and 32, 
approximately 2 miles to the corner of sections 4, 5, 32 and 33, Tps. 7 
and 8 N., R. 33 E., Umiat Meridian;
    Thence westerly, between Tps. 7 and 8 N., approximately 2 miles to 
the corner of Tps. 7 and 8 N., Rs. 32 and 33 E., Umiat Meridian;
    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;

[[Page 586]]

    Thence northerly, between sections 1 and 2, 35 and 36, approximately 
2 miles to the corner of sections 25, 26, 35 and 36, T. 8 N., R. 32 E., 
Umiat Meridian;
    Thence westerly, between sections 26 and 27, 34 and 35, 
approximately 2 miles to the corner of sections 27, 28, 33 and 34, T. 8 
N., R. 32 E., Umiat Meridian;
    Thence southerly, between sections 33 and 34, approximately one mile 
to the corner of sections 3, 4, 33 and 34, Tps. 7 and 8 N., R. 32 E., 
Umiat Meridian;
    Thence westerly, between Tps. 7 and 8 N., approximately 3 miles to 
the corner of Tps. 7 and 8 N., Rs. 31 and 32 E., Umiat Meridian;
    Thence northerly, between ranges 31 and 32 E., approximately 3\1/2\ 
miles to a point on the northerly boundary of the Arctic National 
Wildlife Refuge at the line of extreme low tide located between sections 
13 and 18, T. 8 N., Rs. 31 and 32 E., Umiat Meridian;
    Thence westerly, along the northerly boundary of the Arctic National 
Wildlife Refuge approximately 57 miles along the line of extreme low 
water of the Arctic Ocean, including all offshore bars, reefs, and 
islands, to the most westerly tip of the most northwesterly island, 
westerly of Brownlow Point, section 6, T. 9 N., R. 25 E., Umiat 
Meridian;
    Thence on an approximate forward bearing of S. 56\1/2\ degree W. 
approximately 3\1/4\ miles to the mean high water line of the extreme 
west bank of the Canning River in section 15, T. 9 N., R. 24 E., Umiat 
Meridian;
    Thence southerly, along the mean high water line of the west bank of 
the Canning River approximately 32 miles to the meander corner on the 
First Standard Parallel North at a point on the southerly boundary of 
section 35, T. 5 N., R. 23 E., Umiat Meridian, the point of beginning.

[48 FR 16858, Apr. 19, 1983; 49 FR 7570, Mar. 1, 1984]



PART 38_MIDWAY ATOLL NATIONAL WILDLIFE REFUGE--Table of Contents



                            Subpart A_General

Sec.
38.1 Applicability.
38.2 Scope.

  Subpart B_Executive Authority; Authorized Powers; Emergency Authority

38.3 Executive authority; duration.
38.4 Authorized functions, powers, and duties.
38.5 Emergency authority.

                         Subpart C_Prohibitions

38.6 General.
38.7 Adopted offenses.
38.8 Consistency with Federal law.
38.9 Breach of the peace.
38.10 Trespass.
38.11 Prostitution and lewd behavior.
38.12 Alcoholic beverages.
38.13 Speed limits.
38.14 Miscellaneous prohibitions.
38.15 Attempt.
38.16 Penalties.

                     Subpart D_Civil Administration

38.17 General.

    Authority: 5 U.S.C. 301; 16 U.S.C. 460k et seq., 664, 668dd, 742(f), 
3901 et seq.; 48 U.S.C. 644a; sec. 48, Pub. L. 86-624, 74 Stat 424; E.O. 
13022, 61 FR 56875, 3 CFR, 1996 Comp., p. 224.

    Source: 63 FR 11626, Mar. 10, 1998, unless otherwise noted.



                            Subpart A_General



Sec.38.1  Applicability.

    (a) The regulations of this part apply to the Midway Atoll National 
Wildlife Refuge. For the purpose of this part, the Midway Atoll National 
Wildlife Refuge includes the Midway Islands, Hawaiian Group, between the 
parallels of 28 deg. 5[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

[[Page 587]]

parts 25-32 which also apply to Midway Atoll National Wildlife Refuge.



  Subpart B_Executive Authority; Authorized Powers; Emergency Authority



Sec.38.3  Executive authority; duration.

    The executive authority of the Secretary of the Interior over the 
Midway Islands will be exercised by the Service Regional Director. The 
executive authority of the Service Regional Director may be redelegated 
to the Refuge Manager, Midway Atoll National Wildlife Refuge.



Sec.38.4  Authorized functions, powers, and duties.

    The executive authority of the Regional Director concerning the 
Midway Islands includes:
    (a) Issuance of citations for violations of this part and 50 CFR 
parts 25-32;
    (b) Abatement of any public nuisance upon the failure of the person 
concerned to comply with a removal notice;
    (c) Seizure of evidence;
    (d) Investigation of accidents and offenses;
    (e) Custody and disposal of lost or abandoned property;
    (f) Regulation of aircraft and boat traffic and safety;
    (g) Imposition of quarantines;
    (h) Evacuation of hazardous areas;
    (i) Lawful restraint, detention, confinement, and care of persons 
prior to their prompt transfer to the custody of the United States 
District Court for the District of Hawaii;
    (j) Lawful removal of person from the Midway Atoll National Wildlife 
Refuge for cause;
    (k) Regulation of vehicle traffic and safety;
    (l) Performance of other lawful acts necessary for protecting the 
health and safety of persons and property on Midway Atoll National 
Wildlife Refuge; and
    (m) Issuance of lawful notices and orders necessary to the exercise 
of executive authority under this section.



Sec.38.5  Emergency authority.

    During the imminence and duration of any emergency, the Regional 
Director may perform any lawful acts necessary to protect life and 
property on Midway Atoll National Wildlife Refuge.



                         Subpart C_Prohibitions



Sec.38.6  General.

    In addition to any act prohibited by this part or 50 CFR part 27, 
any act committed on the Midway Atoll National Wildlife Refuge that 
would be a violation of the criminal laws of the United States or of the 
State of Hawaii as specified in subpart A of this part, as they now 
appear or as they may be amended or recodified; or any act committed on 
the Midway Atoll National Wildlife Refuge that would be criminal if 
committed on board a merchant vessel or other vessel belonging to the 
United States pursuant to the provisions of 48 U.S.C. 644a, is 
prohibited and punishable, in accordance with the National Wildlife 
Refuge System Administration Act, 16 U.S.C. 668dd, the criminal laws of 
the United States or the State of Hawaii as specified in subpart A of 
this part, as they now appear or as they may be amended or recodified; 
or according to the laws applicable on board United States vessels on 
the high seas pursuant to the provisions of 48 U.S.C. 644a.



Sec.38.7  Adopted offenses.

    Any person who commits any act or omission on Midway Atoll National 
Wildlife Refuge which, although not made punishable by an enactment of 
Congress, would be punishable if committed within the United States 
under the United States criminal code at the time of such act or 
omission, including any provisions of the United States criminal code 
that are not specifically applied to unincorporated possessions of the 
United States, will be guilty of a like offense and subject to like 
punishment. Any person who commits any act or omission on Midway Atoll 
National Wildlife Refuge which, although not made punishable by an 
enactment of Congress, would be punishable if committed within the State 
of Hawaii by the laws thereof at the time of such

[[Page 588]]

act or omission, will be guilty of a like offense and subject to like 
punishment to the extent the laws of the State of Hawaii do not conflict 
with the criminal laws of the United States.



Sec.38.8  Consistency with Federal law.

    Any provisions of the laws of the State of Hawaii, as they now 
appear or as they may be amended or recodified, which are adopted by 
this part will apply only to the extent that they are not in conflict 
with any applicable Federal law or regulation.



Sec.38.9  Breach of the peace.

    No person on Midway Atoll National Wildlife Refuge will:
    (a) With intent to cause public inconvenience, annoyance, or alarm, 
or recklessly creating a risk thereof, engage in fighting, threatening, 
or other violent or tumultuous behavior; or make unreasonable noise or 
offensively coarse utterances, gestures, or displays, or address abusive 
language to any person present; or create a hazardous or physically 
offensive condition by any act which is not performed under any 
authorized license or permit;
    (b) Having no legal privilege to do so, knowingly or recklessly 
obstruct any roadway, alley, runway, private driveway, or public 
passage, or interfere with or unreasonably delay any emergency vehicle 
or equipment or authorized vehicle, boat, vessel, or plane, or any peace 
officer, fireman, or other public official engaged in or attempting to 
discharge any lawful duty or office, whether alone or with others. 
``Obstruction'' as used in this paragraph means rendering impassable 
without unreasonable inconvenience or hazard;
    (c) When in a gathering, refuse to obey a reasonable request or 
order by a peace officer, fireman, or other public official:
    (1) To prevent an obstruction of any public road or passage;
    (2) To maintain public safety by dispersing those gathered in 
dangerous proximity to a public hazard; or
    (d) With intent to arouse or gratify sexual desire of any other 
person, expose one's genitals under circumstances in which one's conduct 
is likely to cause affront or alarm.



Sec.38.10  Trespass.

    No person on Midway Atoll National Wildlife Refuge will:
    (a) Loiter, prowl, or wander upon or near the assigned living 
quarters and adjacent property of another without lawful purpose, or, 
while being upon or near the assigned living quarters and adjacent 
property of another, peek in any door or window of an inhabited building 
or structure located thereon without lawful purpose;
    (b) Enter upon any assigned residential quarters or areas 
immediately adjacent thereto, without permission of the assigned 
occupant;
    (c) Enter or remain in, without lawful purpose, any office building, 
warehouse, plant, theater, club, school, or other building after normal 
operating hours for that building; or
    (d) Enter or remain in any area or building designated and posted as 
``restricted'' unless authorized by proper authority to be there.



Sec.38.11  Prostitution and lewd behavior.

    No person on Midway Atoll National Wildlife Refuge will:
    (a) Engage in prostitution. ``Prostitution'' means the giving or 
receiving of the body for sexual intercourse for hire; or
    (b) Commit any lewd act in a public place which is likely to be 
observed by others who would be affronted or alarmed.



Sec.38.12  Alcoholic beverages.

    No person on Midway Atoll National Wildlife Refuge will:
    (a) Sell any alcoholic beverages to any person who, because of age, 
would be prohibited from purchasing that beverage in a civilian 
establishment in Hawaii.
    (b) Present or have in possession any fraudulent evidence of age for 
the purpose of obtaining alcoholic beverages in violation of this 
section.
    (c) Be substantially intoxicated on any street, road, beach, 
theater, club, or other public place from the voluntary use of 
intoxicating liquor, drugs or other substance. As used in this 
paragraph, ``substantially intoxicated'' is defined as an actual 
impairment of mental or physical capacities.

[[Page 589]]



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 590]]



         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 at www.govinfo.gov.



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 591]]



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 SPORT FISHING ON NATIONAL FISH HATCHERIES--
Table of Contents



                      Subpart A_General Provisions

Sec.
71.1 Opening of national fish hatcheries to hunting and sport fishing.
71.2 What are the requirements for hunting on areas of the National Fish 
          Hatchery System?
71.3 Information collection requirements.

  Subpart B_Hatchery-Specific Regulations for Hunting and Sport Fishing

71.11 National fish hatcheries open for hunting.
71.12 National fish hatcheries open for sport fishing.

    Authority: Sec. 4, Pub. L. 73-121, 48 Stat. 402, as amended; sec. 4, 
Pub. L. 87-714, 76 Stat. 654; 5 U.S.C. 301; 16 U.S.C. 460k, 664, 668dd, 
1534.

    Source: 84 FR 47790, Sept. 10, 2019, unless otherwise noted.



                      Subpart A_General Provisions



Sec.71.1  Opening of national fish hatcheries to hunting and sport
fishing.

    National fish hatchery areas may be opened to hunting or sport 
fishing when such activity is not detrimental to the propagation and 
distribution of fish or other aquatic wildlife.



Sec.71.2  What are the requirements for hunting on areas of the
National Fish Hatchery System?

    The following provisions apply to public hunting and sport fishing 
on a national fish hatchery area:
    (a) Each person must secure and possess the required State license.
    (b) Each person age 16 and older must obtain and possess a Federal 
Migratory Bird Hunting and Conservation Stamp (Federal Duck Stamp) while 
hunting migratory waterfowl.
    (c) Each person must comply with the applicable provisions of 
Federal laws and regulations including this subchapter and the current 
Federal migratory bird regulations at 50 CFR parts 20 and 21.
    (d) Each person must comply with the applicable provisions of the 
laws and regulations of the State in which a hatchery is located unless 
further restricted by Federal law or regulation.
    (e) Each person must comply with the terms and conditions 
authorizing access and use of the national fish hatchery area.
    (f) The regulations contained in this part are prescribed for 
hunting and sport fishing of all National Fish Hatcheries and supplement 
the general National Wildlife Refuge System regulations found in 50 CFR 
chapter I, subchapter C. The general National Wildlife Refuge System 
regulations are automatically applicable in their entirety to the 
National Fish Hatcheries except as supplemented by the regulations in 
this part. If the regulations in this part conflict with the general 
National Wildlife Refuge System regulations, comply with these 
regulations.
    (g) Each person must 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 will 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, or species of fish which 
may be taken;
    (ii) Seasons;
    (iii) Bag/creel limits;
    (iv) Methods of hunting or fishing;
    (v) Description of areas open to hunting or fishing; or
    (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 592]]



Sec.71.3  Information collection requirements.

    The information collection requirements contained in this part have 
been approved by the Office of Management and Budget (OMB) under 44 
U.S.C. 3501 et seq. and assigned clearance number 1018-0140. The 
information is being collected to provide the refuge managers the 
information needed to decide whether or not to allow the requested use. 
A response is required in order to obtain a benefit. 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. 
Direct comments regarding the burden estimate or any other aspect of 
these information collection requirements to the Service's Information 
Collection Clearance Officer at the address provided at 50 CFR 2.1(b).



     Subpart B_Hatchery-Specific Regulations for Hunting and Fishing



Sec.71.11  National fish hatcheries open for hunting.

    The following hatcheries are open for hunting as governed by 
applicable Federal and State regulations, and are listed in alphabetical 
order with additional hatchery-specific regulations.
    (a) Iron River National Fish Hatchery--(1) Migratory game bird 
hunting. We allow duck, goose, coot, rail, snipe, woodcock, dove, and 
crow hunting on designated areas of the hatchery.
    (2) Upland game hunting. We allow pheasant, bobwhite quail, ruffed 
and sharp-tailed grouse, Hungarian partridge, rabbit/hare, squirrel, 
coyote, fox, bobcat, raccoon, opossum, skunk, weasel, and woodchuck 
hunting on designated areas of the hatchery.
    (3) Big game hunting. We allow white-tailed deer, turkey, and bear 
hunting on designated areas of the hatchery subject to the following 
conditions:
    (i) You must label tree stands and ground blinds with the owner's 
State hunting license number. The label must be readable from the 
ground.
    (ii) You may place tree stands and ground blinds on the hatchery 
only from September 1 to December 31 annually.
    (b) Jordan River National Fish Hatchery--(1) Migratory game bird 
hunting. We allow the hunting of woodcock, dove, duck, goose, rail, 
snipe, coot, and crow on designated areas of the hatchery subject to the 
following conditions:
    (i) We allow entry into the hatchery 1 hour before legal sunrise and 
require hunters to leave the hatchery no later than 1 hour after legal 
sunset.
    (ii) We prohibit shooting on or over any hatchery road within 50 
feet (15 meters) from the centerline.
    (iii) We allow the use of dogs while hunting, provided the dog is 
under the immediate control of the hunter at all times.
    (2) Upland game hunting. We allow hunting of rabbit/hare, squirrel, 
coyote, fox, bobcat, raccoon, opossum, skunk, weasel, and woodchuck on 
designated areas of the hatchery subject to the following condition: The 
conditions set forth at paragraphs (b)(1)(i) through (iii) of this 
section apply.
    (3) Big game hunting. We allow hunting of bear, white-tailed deer, 
and turkey on designated areas of the hatchery and subject to the 
following conditions:
    (i) The conditions set forth at paragraphs (b)(1)(i) through (iii) 
of this section apply.
    (ii) We allow the use of portable stands and blinds for hunting, and 
hunters must remove them at the end of each day.
    (iii) You must label tree stands with the owner's Department of 
Natural Resources sportcard number. The label, printed in legible 
English that can be easily read from the ground, must be affixed to the 
stand.
    (c) Leadville National Fish Hatchery--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
hatchery.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the hatchery.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the hatchery subject to the following conditions:
    (i) You must label tree stands and ground blinds with the owner's 
State

[[Page 593]]

hunting license number. The label must be readable from the ground.
    (ii) You may place tree stands and ground blinds on the refuge only 
from September 1 to December 31 annually.
    (4) Sport fishing. See Sec.71.12(k) for hatchery-specific fishing 
regulations for this hatchery.
    (d) Leavenworth National Fish Hatchery--(1) Migratory game bird 
hunting. We allow migratory game bird hunting on designated areas of the 
hatchery subject to the following condition: We allow the use of dogs 
for hunting in accordance with State of Washington hunting regulations.
    (2) Upland game hunting. We allow upland game hunting on designated 
areas of the hatchery subject to the following condition: We allow the 
use of dogs for hunting in accordance with State of Washington hunting 
regulations.
    (3) Big game hunting. We allow big game hunting on designated areas 
of the hatchery subject to the following condition: We allow the use of 
dogs for hunting in accordance with State of Washington hunting 
regulations.
    (4) Sport fishing. See Sec.71.12(l) for hatchery-specific fishing 
regulations for this hatchery.
    (e) Little White Salmon National Fish Hatchery--(1) Migratory bird 
hunting. We allow hunting of crow on designated areas of the hatchery 
subject to the following conditions:
    (i) We only allow portable blinds and temporary blinds constructed 
of nonliving natural materials. Hunters must remove all equipment at the 
end of each day's hunt.
    (ii) We allow the use of dogs when hunting.
    (2) Upland game hunting. We allow hunting of bobcat, grouse, 
partridge, and porcupine on designated areas of the hatchery subject to 
the following condition: The conditions set forth at paragraphs 
(e)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow hunting of bear, elk, black-tailed 
deer, mule deer, and wild turkey on designated areas of the hatchery 
subject to the following condition: The conditions set forth at 
paragraphs (e)(1)(i) and (ii) of this section apply.
    (4) Sport fishing. See Sec.71.12(m) for hatchery-specific fishing 
regulations for this hatchery.
    (f) Southwest Native Aquatic Resources and Recovery Center--(1) 
Migratory game bird hunting. We allow the hunting of sandhill crane, 
light and dark goose, duck, merganser, coot, mourning and white-winged 
dove, and band-tailed pigeon on designated areas of the center.
    (2) Upland game hunting. We allow the hunting of Eurasian collared-
dove; dusky (blue) grouse; pheasant; scaled quail; and Abert's, red, 
gray, and fox squirrel on designated areas of the center.
    (3) [Reserved]
    (g) Spring Creek National Fish Hatchery--(1) Migratory bird hunting. 
We allow hunting of crow on designated areas of the hatchery subject to 
the following conditions:
    (i) We only allow portable blinds and temporary blinds constructed 
of nonliving natural materials. Hunters must remove all equipment at the 
end of each day's hunt.
    (ii) We allow the use of dogs when hunting.
    (2) Upland game hunting. We allow hunting of bobcat, grouse, 
partridge, and porcupine on designated areas of the hatchery subject to 
the following condition: The conditions set forth at paragraphs 
(g)(1)(i) and (ii) of this section apply.
    (3) Big game hunting. We allow hunting of bear, elk, black-tailed 
deer, mule deer, and wild turkey on designated areas of the hatchery 
subject to the following condition: The conditions set forth at 
paragraphs (g)(1)(i) and (ii) of this section apply.
    (4) Sport fishing. See Sec.71.12(o) for hatchery-specific fishing 
regulations for this hatchery.

[85 FR 54145, Aug. 31, 2020]



Sec.71.12  National fish hatcheries open for sport fishing.

    The following hatcheries are open for sport fishing as governed by 
applicable Federal and State regulations, and are listed in alphabetical 
order with additional hatchery-specific regulations.
    (a) Abernathy Fish Technology Center. We allow sport fishing on 
designated areas of the center.

[[Page 594]]

    (b) Berkshire National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following conditions:
    (1) Anglers must abide by posted signage.
    (2) Anglers must remain at least 50 feet away from raceways and fish 
culture areas to maintain biosecurity of stocked fish populations.
    (3) On the Konkapot River, we prohibit angling equipment, including, 
but not limited to, live bait, boots, and rods, near the areas described 
in paragraph (b)(2).
    (4) We limit access to Outreach Pond to youth (ages 13 and younger), 
supervised by an adult at all times.
    (5) We allow fishing on Outreach Pond during open hatchery hours 
only.
    (6) We prohibit the use of baitfish, shiners, and minnows in the 
Outreach Pond.
    (7) We prohibit all fishing methods of take besides rods on Outreach 
Pond.
    (8) We allow a daily creel limit of three (3) fish per individual at 
Outreach Pond. There is no creel limit during fishing derbies.
    (9) We prohibit fishing during the winter in Outreach Pond.
    (10) We prohibit the use of all lead, including tackle containing 
lead, when fishing in Outreach Pond.
    (c) Craig Brook National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following condition: We 
only allow fishing from legal sunrise to legal sunset.
    (d) Dwight D. Eisenhower National Fish Hatchery. We allow sport 
fishing on designated areas of the hatchery subject to the following 
conditions:
    (1) Anglers must abide by posted signage.
    (2) Anglers must remain at least 50 feet away from the water intake 
from Furnace Brook, raceways, and fish culture areas for safety and to 
maintain biosecurity of stocked fish populations.
    (3) We prohibit angling equipment, including, but not limited to, 
live bait, boots, and rods, near the areas described in paragraph 
(d)(2).
    (e) Edenton National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following conditions:
    (1) We allow fishing during open hatchery hours only.
    (2) We prohibit the cleaning of fish on the hatchery.
    (f) Entiat National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery.
    (g) Harrison Lake National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following conditions:
    (1) We only allow fishing from \1/2\ hour before legal sunrise until 
\1/2\ hour after legal sunset.
    (2) We prohibit the use of nets for the capture of fish in Herring 
Creek.
    (3) We prohibit the use of gasoline motors greater than 5 horsepower 
on watercraft.
    (h) Hotchkiss National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following condition: We 
prohibit the cleaning of fish on the hatchery.
    (i) Inks Dam National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery.
    (j) Lamar National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following condition: We 
only allow sport fishing from legal sunrise to legal sunset.
    (k) Leadville National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following condition: We 
prohibit the cleaning of fish on the hatchery. See Sec.71.11 for 
hatchery-specific hunting regulations for this hatchery.
    (l) Leavenworth National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery.
    (m) Little White Salmon National Fish Hatchery. We allow sport 
fishing on designated areas of the hatchery subject to the following 
condition: We allow fishing after legal sunset, but the hatchery access 
road is closed from 11 p.m. to 4 a.m.
    (n) Orangeburg National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following conditions:
    (1) We prohibit fishing after legal sunset.
    (2) We prohibit the cleaning of fish on the hatchery.

[[Page 595]]

    (3) We prohibit motorized boats on the hatchery while fishing.
    (o) Spring Creek National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following condition: We 
only allow fishing from legal sunrise to legal sunset.
    (p) Tishomingo National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery.
    (q) Valley City National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery subject to the following condition: We 
prohibit the cleaning of fish on the hatchery.
    (r) Willard National Fish Hatchery. We allow sport fishing on 
designated areas of the hatchery.

[84 FR 47790, Sept. 10, 2019, as amended at 85 FR 54146, Aug. 31, 2020]

[[Page 596]]



 SUBCHAPTER F_FINANCIAL ASSISTANCE_WILDLIFE AND SPORT FISH RESTORATION 
                                 PROGRAM





PART 80_ADMINISTRATIVE REQUIREMENTS, PITTMAN-ROBERTSON WILDLIFE 
RESTORATION AND DINGELL-JOHNSON SPORT FISH RESTORATION ACTS--
Table of Contents



                            Subpart A_General

Sec.
80.1 What does this part do?
80.2 What terms do I need to know?

          Subpart B_State Fish and Wildlife Agency Eligibility

80.10 Who is eligible to receive the benefits of the Acts?
80.11 How does a State become ineligible to receive the benefits of the 
          Acts?
80.12 Does an agency have to confirm that it wants to receive an annual 
          apportionment of funds?

                        Subpart C_License Revenue

80.20 What does revenue from hunting and fishing licenses include?
80.21 What if a State diverts license revenue from the control of its 
          fish and wildlife agency?
80.22 What must a State do to resolve a declaration of diversion?
80.23 Does a declaration of diversion affect a previous Federal 
          obligation of funds?

                 Subpart D_License Holder Certification

80.30 Why must an agency certify the number of paid license holders?
80.31 How does an agency certify the number of paid license holders?
80.32 What is the certification period?
80.33 How does an agency decide who to count as paid license holders in 
          the annual certification?
80.34 Must a State fish and wildlife agency receive a minimum amount of 
          revenue for each license holder certified?
80.35 What additional requirements apply to certifying multiyear 
          licenses?
80.36 May an agency count license holders in the annual certification if 
          the agency receives funds from the State or another entity to 
          cover their license fees?
80.37 May the State fish and wildlife agency certify a license sold at a 
          discount when combined with another license or privilege?
80.38 May an entity other than the State fish and wildlife agency offer 
          a discount on a license, or offer a free license, under any 
          circumstances?
80.39 What must an agency do if it becomes aware of errors in its 
          certified license data?
80.40 May the Service recalculate an apportionment if an agency submits 
          revised data?
80.41 May the Director correct a Service error in apportioning funds?

                      Subpart E_Eligible Activities

80.50 What activities are eligible for funding under the Pittman-
          Robertson Wildlife Restoration Act?
80.51 What activities are eligible for funding under the Dingell-Johnson 
          Sport Fish Restoration Act?
80.52 May an activity be eligible for funding if it is not explicitly 
          eligible in this part?
80.53 Are costs of State central services eligible for funding?
80.54 What activities are ineligible for funding?
80.55 May an agency receive a grant to carry out part of a larger 
          project?
80.56 How does a proposed project qualify as substantial in character 
          and design?

               Subpart F_Allocation of Funds by an Agency

80.60 What is the relationship between the Basic Hunter Education and 
          Safety subprogram and the Enhanced Hunter Education and Safety 
          program?
80.61 What requirements apply to funds for the Recreational Boating 
          Access subprogram?
80.62 What limitations apply to spending on the Aquatic Resource 
          Education and the Outreach and Communications subprograms?
80.63 Does an agency have to allocate costs in multipurpose projects and 
          facilities?
80.64 How does an agency allocate costs in multipurpose projects and 
          facilities?
80.65 Does an agency have to allocate funds between marine and 
          freshwater fisheries projects?
80.66 What requirements apply to allocation of funds between marine and 
          freshwater fisheries projects?
80.67 May an agency finance an activity from more than one annual 
          apportionment?
80.68 What requirements apply to financing an activity from more than 
          one annual apportionment?

[[Page 597]]

                    Subpart G_Application for a Grant

80.80 How does an agency apply for a grant?
80.81 What must an agency submit when applying for a comprehensive-
          management-system grant?
80.82 What must an agency submit when applying for a project-by-project 
          grant?
80.83 What is the Federal share of allowable costs?
80.84 How does the Service establish the non-Federal share of allowable 
          costs?
80.85 What requirements apply to match?

                 Subpart H_General Grant Administration

80.90 What are the grantee's responsibilities?
80.91 What is a Federal obligation of funds and how does it occur?
80.92 How long are funds available for a Federal obligation?
80.93 When may an agency incur costs under a grant?
80.94 May an agency incur costs before the beginning of the grant 
          period?
80.95 How does an agency receive Federal grant funds?
80.96 May an agency use Federal funds without using match?
80.97 May an agency barter goods or services to carry out a grant-funded 
          project?
80.98 How must an agency report barter transactions?
80.99 Are symbols available to identify projects?
80.100 Does an agency have to display one of the symbols in this part on 
          a completed project?

                        Subpart I_Program Income

80.120 What is program income?
80.121 May an agency earn program income?
80.122 May an agency deduct the costs of generating program income from 
          gross income?
80.123 How may an agency use program income?
80.124 How may an agency use unexpended program income?
80.125 How must an agency treat income that it earns after the grant 
          period?
80.126 How must an agency treat income earned by a subgrantee after the 
          grant period?

                         Subpart J_Real Property

80.130 Does an agency have to hold title to real property acquired under 
          a grant?
80.131 Does an agency have to hold an easement acquired under a grant?
80.132 Does an agency have to control the land or water where it 
          completes capital improvements?
80.133 Does an agency have to maintain acquired or completed capital 
          improvements?
80.134 How must an agency use real property?
80.135 What if an agency allows a use of real property that interferes 
          with its authorized purpose?
80.136 Is it a diversion if an agency does not use grant-acquired real 
          property for its authorized purpose?
80.137 What if real property is no longer useful or needed for its 
          original purpose?

                     Subpart K_Revisions and Appeals

80.150 How does an agency ask for revision of a grant?
80.151 May an agency appeal a decision?

                    Subpart L_Information Collection

80.160 What are the information collection requirements of this part?

    Authority: 16 U.S.C. 669-669k and 777-777n, except 777e-1 and g-1.

    Source: 76 FR 46156, Aug. 1, 2011, unless otherwise noted.



                            Subpart A_General



Sec.80.1  What does this part do?

    This part of the Code of Federal Regulations tells States how they 
may:
    (a) Use revenues derived from State hunting and fishing licenses in 
compliance with the Acts.
    (b) Receive annual apportionments from the Federal Aid to Wildlife 
Restoration Fund (16 U.S.C. 669(b)), if authorized, and the Sport Fish 
Restoration and Boating Trust Fund (26 U.S.C 9504).
    (c) Receive financial assistance from the Wildlife Restoration 
program, the Basic Hunter Education and Safety subprogram, and the 
Enhanced Hunter Education and Safety grant program, if authorized.
    (d) Receive financial assistance from the Sport Fish Restoration 
program, the Recreational Boating Access subprogram, the Aquatic 
Resources Education subprogram, and the Outreach and Communications 
subprogram.
    (e) Comply with the requirements of the Acts.



Sec.80.2  What terms do I need to know?

    The terms in this section pertain only to the regulations in this 
part.

[[Page 598]]

    Acts means the Pittman-Robertson Wildlife Restoration Act of 
September 2, 1937, as amended (16 U.S.C. 669-669k), and the Dingell-
Johnson Sport Fish Restoration Act of August 9, 1950, as amended (16 
U.S.C. 777-777n, except 777e-1 and g-1).
    Agency means a State fish and wildlife agency.
    Angler means a person who fishes for sport fish for recreational 
purposes as permitted by State law.
    Asset means all tangible and intangible real and personal property 
of monetary value. This includes Capital assets as defined at 2 CFR 
200.12, Equipment as defined at 2 CFR 200.33, and real property of any 
value.
    Capital improvement or capital expenditure for improvement means:
    (1) A structure that costs at least $25,000 to build, acquire, or 
install; or the alteration or repair of a structure or the replacement 
of a structural component, if it increases the structure's useful life 
by at least 10 years or its market value by at least $25,000.
    (2) An agency may use its own definition of capital improvement if 
its definition includes all capital improvements as defined here.
    Comprehensive management system is a State fish and wildlife 
agency's method of operations that links programs, financial systems, 
human resources, goals, products, and services. It assesses the current, 
projected, and desired status of fish and wildlife; it develops a 
strategic plan and carries it out through an operational planning 
process; and it evaluates results. The planning period is at least 5 
years using a minimum 15-year projection of the desires and needs of the 
State's citizens. A comprehensive-management-system grant funds all or 
part of a State's comprehensive management system.
    Construction means the act of building or significantly renovating, 
altering, or repairing a structure. Acquiring, clearing, and reshaping 
land and demolishing structures are types or phases of construction. 
Examples of structures are buildings, roads, parking lots, utility 
lines, fences, piers, wells, pump stations, ditches, dams, dikes, water-
control structures, fish-hatchery raceways, and shooting ranges.
    Director means:
    (1) The person whom the Secretary:
    (i) Appointed as the chief executive official of the U.S. Fish and 
Wildlife Service, and
    (ii) Delegated authority to administer the Acts nationally; or
    (2) A deputy or another person authorized temporarily to administer 
the Acts nationally.
    Diversion means any use of revenue from hunting and fishing licenses 
for a purpose other than administration of the State fish and wildlife 
agency.
    Fee interest means the right to possession, use, and enjoyment of a 
parcel of land or water for an indefinite period. A fee interest, as 
used in this part, may be the:
    (1) Fee simple, which includes all possible interests or rights that 
a person can hold in a parcel of land or water; or
    (2) Fee with exceptions to title, which excludes one or more real 
property interests that would otherwise be part of the fee simple.
    Grant means an award of money, the principal purpose of which is to 
transfer funds or property from a Federal agency to a grantee to support 
or stimulate an authorized public purpose under the Acts. This part uses 
the term grant for both a grant and a cooperative agreement for 
convenience of reference. This use does not affect the legal distinction 
between the two instruments. The meaning of grant in the terms grant 
funds, grant-funded, under a grant, and under the grant includes the 
matching cash and any matching in-kind contributions in addition to the 
Federal award of money.
    Grantee means the State fish and wildlife agency that applies for 
the grant and carries out grant-funded activities in programs authorized 
by the Acts. The State fish and wildlife agency acts on behalf of the 
State government, which is the legal entity and is accountable for the 
use of Federal funds, matching funds, and matching in-kind 
contributions.
    Lease means an agreement in which the owner of a fee interest 
transfers to a lessee the right of exclusive possession and use of an 
area of land or water for a fixed period, which may be renewable. The 
lessor cannot readily revoke

[[Page 599]]

the lease at his or her discretion. The lessee pays rent periodically or 
as a single payment. The lessor must be able to regain possession of the 
lessee's interest (leasehold interest) at the end of the lease term. An 
agreement that does not correspond to this definition is not a lease 
even if it is labeled as one.
    Match or cost share means the non-Federal portion of project costs 
or value of any non-Federal in-kind contributions of a grant-funded 
project, unless a Federal statute authorizes match using Federal funds. 
Match must meet the requirements at 2 CFR 200.306(b)(1)-(7).
    Obligation has two meanings depending on the context:
    (1) When a grantee of Federal financial assistance commits funds by 
incurring costs for purposes of the grant, the definition at 2 CFR 
200.71 applies.
    (2) When the Service sets aside funds for disbursement immediately 
or at a later date in the formula-based programs under the Acts, the 
definition at 50 CFR 80.91 applies.
    Personal property means anything tangible or intangible that is not 
real property.
    (1) Tangible personal property includes:
    (i) Objects, such as equipment and supplies, that are moveable 
without substantive damage to the land or any structure to which they 
may be attached;
    (ii) Soil, rock, gravel, minerals, gas, oil, or water after 
excavation or extraction from the surface or subsurface;
    (iii) Commodities derived from trees or other vegetation after 
harvest or separation from the land; and
    (iv) Annual crops before or after harvest.
    (2) Intangible personal property includes:
    (i) Intellectual property, such as patents or copyrights;
    (ii) Securities, such as bonds and interest-bearing accounts; and
    (iii) Licenses, which are personal privileges to use an area of land 
or water with at least one of the following attributes:
    (A) Are revocable at the landowner's discretion;
    (B) Terminate when the landowner dies or the area of land or water 
passes to another owner; or
    (C) Do not transfer a right of exclusive use and possession of an 
area of land or water.
    Project means one or more related undertakings in a project-by-
project grant that are necessary to fulfill a need or needs, as defined 
by a State fish and wildlife agency, consistent with the purposes of the 
appropriate Act. For convenience of reference in this part, the meaning 
of project includes an agency's fish and wildlife program under a 
comprehensive management system grant.
    Project-by-project grant means an award of money based on a detailed 
statement of a project or projects and other supporting documentation.
    Real property means one, several, or all interests, benefits, and 
rights inherent in the ownership of a parcel of land or water. Examples 
of real property include fee, conservation easements, access easements, 
utility easements, and mineral rights. A leasehold interest is also real 
property except in those States where the State Attorney General 
provides an official opinion that determines a lease is personal 
property under State law.
    (1) A parcel includes (unless limited by its legal description) the 
space above and below it and anything physically affixed to it by a 
natural process or human action. Examples include standing timber, other 
vegetation (except annual crops), buildings, roads, fences, and other 
structures.
    (2) A parcel may also have rights attached to it by a legally 
prescribed procedure. Examples include water rights or an access 
easement that allows the parcel's owner to travel across an adjacent 
parcel.
    (3) The legal classification of an interest, benefit, or right 
depends on its attributes rather than the name assigned to it. For 
example, a grazing permit is often incorrectly labeled a lease, which 
can be real property, but most grazing permits are actually licenses, 
which are not real property.
    Regional Director means the person appointed by the Director to be 
the chief executive official of one of the

[[Page 600]]

Service's geographic Regions, or a deputy or another person temporarily 
authorized to exercise the authority of the chief executive official of 
one of the Service's geographic Regions. This person's responsibility 
does not extend to any administrative units that the Service's 
Headquarters supervises directly in that geographic Region.
    Secretary means the person appointed by the President to direct the 
operation of the Department of the Interior, or a deputy or another 
person who is temporarily authorized to direct the operation of the 
Department.
    Service means the U.S. Fish and Wildlife Service.
    Sport fish means aquatic, gill-breathing, vertebrate animals with 
paired fins, having material value for recreation in the marine and 
fresh waters of the United States.
    State means any State of the United States, the Commonwealths of 
Puerto Rico and the Northern Mariana Islands, and the territories of 
Guam, the U.S. Virgin Islands, and American Samoa. State also includes 
the District of Columbia for purposes of the Dingell-Johnson Sport Fish 
Restoration Act, the Sport Fish Restoration program, and its 
subprograms. State does not include the District of Columbia for 
purposes of the Pittman-Robertson Wildlife Restoration Act and the 
programs and subprogram under the Act because the Pittman-Robertson 
Wildlife Restoration Act does not authorize funding for the District. 
References to ``the 50 States'' apply only to the 50 States of the 
United States and do not include the Commonwealths of Puerto Rico and 
the Northern Mariana Islands, the District of Columbia, or the 
territories of Guam, the U.S. Virgin Islands, and American Samoa.
    State fish and wildlife agency means the administrative unit 
designated by State law or regulation to carry out State laws for 
management of fish and wildlife resources. If an agency has other 
jurisdictional responsibilities, the agency is considered the State fish 
and wildlife agency only when exercising responsibilities specific to 
management of the State's fish and wildlife resources.
    Subaccount means a record of financial transactions for groups of 
similar activities based on programs and subprograms. Each group has a 
unique number. Different subaccounts also distinguish between benefits 
to marine or freshwater fisheries in the programs and subprograms 
authorized by the Dingell-Johnson Sport Fish Restoration Act.
    Useful life means the period during which a federally funded capital 
improvement is capable of fulfilling its intended purpose with adequate 
routine maintenance.
    Wildlife means the indigenous or naturalized species of birds or 
mammals that are either:
    (1) Wild and free-ranging;
    (2) Held in a captive breeding program established to reintroduce 
individuals of a depleted indigenous species into previously occupied 
range; or
    (3) Under the jurisdiction of a State fish and wildlife agency.

[76 FR 46156, Aug. 1, 2011, as amended at 78 FR 35152, June 12, 2013; 84 
FR 44784, Aug. 27, 2019]



          Subpart B_State Fish and Wildlife Agency Eligibility



Sec.80.10  Who is eligible to receive the benefits of the Acts?

    States acting through their fish and wildlife agencies are eligible 
for benefits of the Acts only if they pass and maintain legislation 
that:
    (a) Assents to the provisions of the Acts;
    (b) Ensures the conservation of fish and wildlife; and
    (c) Requires that revenue from hunting and fishing licenses be:
    (1) Controlled only by the State fish and wildlife agency; and
    (2) Used only for administration of the State fish and wildlife 
agency, which includes only the functions required to manage the agency 
and the fish- and wildlife-related resources for which the agency has 
authority under State law.



Sec.80.11  How does a State become ineligible to receive the benefits
of the Acts?

    A State becomes ineligible to receive the benefits of the Acts if 
it:
    (a) Fails materially to comply with any law, regulation, or term of 
a grant

[[Page 601]]

as it relates to acceptance and use of funds under the Acts;
    (b) Does not have legislation required at Sec.80.10 or passes 
legislation contrary to the Acts; or
    (c) Diverts hunting and fishing license revenue from:
    (1) The control of the State fish and wildlife agency; or
    (2) Purposes other than the agency's administration.



Sec.80.12  Does an agency have to confirm that it wants to receive 
an annual apportionment of funds?

    No. However, if a State fish and wildlife agency does not want to 
receive the annual apportionment of funds, it must notify the Service in 
writing within 60 days after receiving a preliminary certificate of 
apportionment.



                        Subpart C_License Revenue



Sec.80.20  What does revenue from hunting and fishing licenses
include?

    Hunting and fishing license revenue includes:
    (a) All proceeds from State-issued general or special hunting and 
fishing licenses, permits, stamps, tags, access and use fees, and other 
State charges to hunt or fish for recreational purposes. Revenue from 
licenses sold by vendors is net income to the State after deducting 
reasonable sales fees or similar amounts retained by vendors.
    (b) Real or personal property acquired with license revenue.
    (c) Income from the sale, lease, or rental of, granting rights to, 
or a fee for access to real or personal property acquired or constructed 
with license revenue.
    (d) Income from the sale, lease, or rental of, granting rights to, 
or a fee for access to a recreational opportunity, product, or commodity 
derived from real or personal property acquired, managed, maintained, or 
produced by using license revenue.
    (e) Interest, dividends, or other income earned on license revenue.
    (f) Reimbursements for expenditures originally paid with license 
revenue.
    (g) Payments received for services funded by license revenue.



Sec.80.21  What if a State diverts license revenue from the control
of its fish and wildlife agency?

    The Director may declare a State to be in diversion if it violates 
the requirements of Sec.80.10 by diverting license revenue from the 
control of its fish and wildlife agency to purposes other than the 
agency's administration. The State is then ineligible to receive 
benefits under the relevant Act from the date the Director signs the 
declaration until the State resolves the diversion. Only the Director 
may declare a State to be in diversion, and only the Director may 
rescind the declaration.



Sec.80.22  What must a State do to resolve a declaration of diversion?

    The State must complete the actions in paragraphs (a) through (e) of 
this section to resolve a declaration of diversion. The State must use a 
source of funds other than license revenue to fund the replacement of 
license revenue.
    (a) If necessary, the State must enact adequate legislative 
prohibitions to prevent diversions of license revenue.
    (b) The State fish and wildlife agency must replace all diverted 
cash derived from license revenue and the interest lost up to the date 
of repayment. It must enter into State records the receipt of this cash 
and interest.
    (c) The agency must receive either the revenue earned from diverted 
property during the period of diversion or the current market rental 
rate of any diverted property, whichever is greater.
    (d) The agency must take one of the following actions to resolve a 
diversion of real, personal, or intellectual property:
    (1) Regain management control of the property, which must be in 
about the same condition as before diversion;
    (2) Receive replacement property that meets the criteria in 
paragraph (e) of this section; or
    (3) Receive a cash amount at least equal to the current market value 
of the diverted property only if the Director agrees that the actions 
described in paragraphs (d)(1) and (d)(2) of this section are 
impractical.

[[Page 602]]

    (e) To be acceptable under paragraph (d)(2) of this section:
    (1) Replacement property must have both:
    (i) Market value that at least equals the current market value of 
the diverted property; and
    (ii) Fish or wildlife benefits that at least equal those of the 
property diverted.
    (2) The Director must agree that the replacement property meets the 
requirements of paragraph (e)(1) of this section.



Sec.80.23  Does a declaration of diversion affect a previous Federal
obligation of funds?

    No. Federal funds obligated before the date that the Director 
declares a diversion remain available for expenditure without regard to 
the intervening period of the State's ineligibility. See Sec.80.91 for 
when a Federal obligation occurs.



                 Subpart D_License Holder Certification

    Source: 84 FR 44784, Aug. 27, 2019, unless otherwise noted.



Sec.80.30  Why must an agency certify the number of paid license 
holders?

    A State fish and wildlife agency must certify the number of people 
having paid licenses to hunt and paid licenses to fish because the 
Service uses these data in statutory formulas to apportion funds in the 
Wildlife Restoration and Sport Fish Restoration programs among the 
States.



Sec.80.31  How does an agency certify the number of paid license
holders?

    (a) A State fish and wildlife agency certifies the number of paid 
license holders by responding to the Director's annual request for the 
following information:
    (1) The number of people who have paid licenses to hunt in the State 
during the State-specified certification period (certification period); 
and
    (2) The number of people who have paid licenses to fish in the State 
during the certification period.
    (b) The agency director or his or her designee:
    (1) Must certify the information at paragraph (a) of this section in 
the format that the Director specifies;
    (2) Must provide documentation to support the accuracy of this 
information at the Director's request;
    (3) Is responsible for eliminating multiple counting of the same 
individuals in the information that he or she certifies; and
    (4) May use statistical sampling, automated record consolidation, or 
other techniques approved by the Director for this purpose.
    (c) If an agency director uses statistical sampling to eliminate 
multiple counting of the same individuals, he or she must ensure that 
the sampling is complete by the earlier of the following:
    (1) Five years after the last statistical sample; or
    (2) Before completing the first certification following any change 
in the licensing system that could affect the number of license holders.



Sec.80.32  What is the certification period?

    A certification period must:
    (a) Be 12 consecutive months;
    (b) Correspond to the State's fiscal year or license year;
    (c) Be consistent from year to year unless the Director approves a 
change; and
    (d) End at least 1 year and no more than 2 years before the 
beginning of the Federal fiscal year in which the apportioned funds 
first become available for expenditure.



Sec.80.33  How does an agency decide who to count as paid license
holders in the annual certification?

    (a) A State fish and wildlife agency must count only those people 
who have a license issued:
    (1) In the license holder's name; or
    (2) With a unique identifier that is traceable to the license 
holder, who must be verifiable in State records.
    (b) A State fish and wildlife agency must count a person holding a 
single-year license only once in the certification period in which the 
license first becomes valid. (Single-year licenses are valid for any 
length of time less than 2 years.)

[[Page 603]]

    (c) A person is counted as a valid license holder even if the person 
is not required to have a paid license or is unable to hunt or fish.
    (d) A person having more than one valid hunting license is counted 
only once each certification period as a hunter. A person having more 
than one valid fishing license is counted only once each certification 
period as an angler. A person having both a valid hunting license and a 
valid fishing license, or a valid combination hunting/fishing license, 
may be counted once each certification period as a hunter and once each 
certification period as an angler. The license holder may have 
voluntarily obtained them or was required to have them in order to 
obtain a different privilege.
    (e) A person who has a license that allows the license holder only 
to trap animals or only to engage in commercial fishing or other 
commercial activities must not be counted.



Sec.80.34  Must a State fish and wildlife agency receive a minimum 
amount of revenue for each license holder certified?

    (a) For the State fish and wildlife agency to certify a license 
holder, the agency must establish that it receives the following minimum 
gross revenue:
    (1) $2 for each year the license is valid, for either the privilege 
to hunt or the privilege to fish; and
    (2) $4 for each year the license is valid for a combination license 
that gives privileges to both hunt and fish.
    (b) A State fish and wildlife agency must follow the requirement in 
paragraph (a) of this section for all licenses sold as soon as 
practical, but no later than September 27, 2021.
    (c) A State may apply these standards to all licenses certified in 
the license certification period that this rule becomes effective.



Sec.80.35  What additional requirements apply to certifying multiyear
licenses?

    The following additional requirements apply to certifying multiyear 
licenses:
    (a) A State fish and wildlife agency must follow the requirement at 
Sec.80.34(a) for all multiyear licenses sold before and after the date 
that the agency adopts the new standard, unless following the exception 
at paragraph (c) of this section.
    (b) If an agency is using an investment, annuity, or similar method 
to fulfill the net-revenue requirements of the version of Sec.80.33 
that was effective from August 31, 2011, or any prior rule that required 
net revenue, until September 26, 2019, the agency must discontinue that 
method and convert to the new standard, unless following the exception 
at paragraph (c) of this section.
    (1) If the revenue collected at the time of sale has not been spent, 
the agency must begin to use the new standard by applying the total 
amount the agency received at the time of sale.
    (2) If the revenue collected at the time of sale has been spent, the 
agency must apply the new standard as if it were applicable at the time 
of sale. For example, if a single-privilege, multiyear license sold for 
$100 in 2014, and the agency adopts the new standard in 2018, then 4 
years have been used toward the amount received by the agency (4 years x 
$2 = $8) and the license holder may be counted for up to 46 more years 
($100 - $8 = $92/$2 = 46).
    (c) An agency may continue to follow the requirements of the version 
of Sec.80.33 that was effective from August 31, 2011, or any prior 
rule that required net revenue, until September 26, 2019, for those 
multiyear licenses that were sold before the date specified at Sec.
80.34(b) if the agency:
    (1) Notifies the Director of the agency's intention to do so;
    (2) Describes how the new requirement will cause financial or 
operational harm to the agency when applied to licenses sold before the 
effective date of these regulations; and
    (3) Commits to follow the current standard for those multiyear 
licenses sold after the date specified at Sec.80.34(b).
    (d) A multiyear license may be valid for either a specific or 
indeterminate number of years, but it must be valid for at least 2 
years.
    (e) The agency may count the license for all certification periods 
for which it received the minimum required revenue, as long as the 
license holder meets all other requirements of this

[[Page 604]]

subpart. For example, an agency may count a single-privilege, multiyear 
license that sells for $25 for 12 certification periods. However, if the 
license exceeds the life expectancy or the license is valid for only 5 
years, it may be counted only for the number of years it is valid.
    (f) An agency may spend a multiyear license fee as soon as the 
agency receives it.
    (g) The agency must count only the licenses that meet the minimum 
required revenue for the license period based on:
    (1) The duration of the license in the case of a multiyear license 
with a specified ending date; or
    (2) Whether the license holder remains alive.
    (h) The agency must use and document a reasonable technique for 
deciding how many multiyear-license holders remain alive in the 
certification period. Some examples of reasonable techniques are 
specific identification of license holders, statistical sampling, life-
expectancy tables, and mortality tables. The agency may instead use 80 
years of age as a default for life expectancy.



Sec.80.36  May an agency count license holders in the annual 
certification if the agency receives funds from the State or another
entity to cover their license fees?
          

    If a State fish and wildlife agency receives funds from the State or 
other entity to cover fees for some license holders, the agency may 
count those license holders in the annual certification only under the 
following conditions:
    (a) The State funds to cover license fees must come from a source 
other than hunting- and fishing-license revenue.
    (b) The State must identify funds to cover license fees separately 
from other funds provided to the agency.
    (c) The agency must receive at least the average amount of State-
provided discretionary funds that it received for the administration of 
the State's fish and wildlife agency during the State's 5 previous 
fiscal years.
    (1) State-provided discretionary funds are those from the State's 
general fund that the State may increase or decrease if it chooses to do 
so.
    (2) Some State-provided funds are from special taxes, trust funds, 
gifts, bequests, or other sources specifically dedicated to the support 
of the State fish and wildlife agency. These funds typically fluctuate 
annually due to interest rates, sales, or other factors. They are not 
discretionary funds for purposes of this part as long as the State does 
not take any action to reduce the amount available to its fish and 
wildlife agency.
    (d) The agency must receive and account for the State or other 
entity funds as license revenue.
    (e) The agency must issue licenses in the license holder's name or 
by using a unique identifier that is traceable to the license holder, 
who is verifiable in State records.
    (f) The license fees must meet all other requirements in this part.



Sec.80.37  May the State fish and wildlife agency certify a license 
sold at a discount when combined with another license or privilege?

    Yes. A State fish and wildlife agency may certify a license that is 
sold at a discount when combined with another license or privilege as 
long as the agency meets the rules for minimum revenue at Sec.80.34 
for each privilege.



Sec.80.38  May an entity other than the State fish and wildlife agency
offer a discount on a license, or offer a free license, under any 
circumstances?

    (a) An entity other than the agency may offer the public a license 
that costs less than the regulated price and a State fish and wildlife 
agency may certify the license holder only if:
    (1) The license is issued to the individual according to the 
requirements at Sec.80.33;
    (2) The amount received by the agency meets all other requirements 
in this subpart; and
    (3) The agency agrees to the amount of revenue it will receive.
    (b) An entity other than the agency may offer the public a license 
that costs less than the regulated price without the agency agreeing, 
but must pay the agency the full cost of the license.

[[Page 605]]



Sec.80.39  What must an agency do if it becomes aware of errors 
in its certified license data?

    A State fish and wildlife agency must submit revised certified data 
on paid license holders within 90 days after the agency becomes aware of 
errors in its certified data. The State may become ineligible to 
participate in the benefits of the relevant Act if it becomes aware of 
errors in its certified data and does not resubmit accurate certified 
data within 90 days.



Sec.80.40  May the Service recalculate an apportionment if an agency
submits revised data?

    The Service may recalculate an apportionment of funds based on 
revised certified license data under the following conditions:
    (a) If the Service receives revised certified data for a pending 
apportionment before the Director approves the final apportionment, the 
Service may recalculate the pending apportionment.
    (b) If the Service receives revised certified data for an 
apportionment after the Director has approved the final version of the 
apportionment, the Service may recalculate the apportionment only if 
doing so would not reduce funds to other State fish and wildlife 
agencies.



Sec.80.41  May the Director correct a Service error in apportioning
funds?

    Yes. The Director may correct any error that the Service makes in 
apportioning funds.



                      Subpart E_Eligible Activities



Sec.80.50  What activities are eligible for funding under the Pittman
-Robertson Wildlife Restoration Act?

    The following activities are eligible for funding under the Pittman-
Robertson Wildlife Restoration Act:
    (a) Wildlife Restoration program. (1) Restore and manage wildlife 
for the benefit of the public.
    (2) Conduct research on the problems of managing wildlife and its 
habitat if necessary to administer wildlife resources efficiently.
    (3) Obtain data to guide and direct the regulation of hunting.
    (4) Acquire real property suitable or capable of being made suitable 
for:
    (i) Wildlife habitat; or
    (ii) Public access for hunting or other wildlife-oriented 
recreation.
    (5) Restore, rehabilitate, improve, or manage areas of lands or 
waters as wildlife habitat.
    (6) Build structures or acquire equipment, goods, and services to:
    (i) Restore, rehabilitate, or improve lands and waters as wildlife 
habitat; or
    (ii) Provide public access for hunting or other wildlife-oriented 
recreation.
    (iii) Grantees and subgrantees must follow the requirements at 2 CFR 
part 200 when acquiring equipment, goods, and services under an award, 
with emphasis on Sec. Sec.200.313, 200.317 through 200.326, and 
200.439.
    (7) Operate or maintain:
    (i) Projects that the State fish and wildlife agency completed under 
the Pittman-Robertson Wildlife Restoration Act; or
    (ii) Facilities that the agency acquired or constructed with funds 
other than those authorized under the Pittman-Robertson Wildlife 
Restoration Act if these facilities are necessary to carry out 
activities authorized by the Pittman-Robertson Wildlife Restoration Act.
    (8) Coordinate grants in the Wildlife Restoration program and 
related programs and subprograms.
    (9) Provide technical assistance.
    (10) Make payments in lieu of taxes on real property under the 
control of the State fish and wildlife agency when the payment is:
    (i) Required by State or local law; and
    (ii) Required for all State lands including those acquired with 
Federal funds and those acquired with non-Federal funds.
    (b) Wildlife Restoration--Basic Hunter Education and Safety 
subprogram. (1) Teach the skills, knowledge, and attitudes necessary to 
be a responsible hunter.
    (2) Acquire real property suitable or capable of being made suitable 
for firearm and archery ranges for public use.
    (3) Construct, operate, or maintain firearm and archery ranges for 
public use.

[[Page 606]]

    (c) Enhanced Hunter Education and Safety program. (1) Enhance 
programs for hunter education, hunter development, and firearm and 
archery safety. Hunter-development programs introduce individuals to and 
recruit them to take part in hunting, bow hunting, target shooting, or 
archery.
    (2) Enhance interstate coordination of hunter-education and firearm- 
and archery-range programs.
    (3) Enhance programs for education, safety, or development of bow 
hunters, archers, and shooters.
    (4) Enhance construction and development of firearm and archery 
ranges.
    (5) Update safety features of firearm and archery ranges.
    (6) Acquire real property suitable or capable of being made suitable 
for firearm and archery ranges for public use.

[76 FR 46156, Aug. 1, 2011, as amended at 84 FR 44786, Aug. 27, 2019]



Sec.80.51  What activities are eligible for funding under the Dingell
-Johnson Sport Fish Restoration Act?

    The following activities are eligible for funding under the Dingell-
Johnson Sport Fish Restoration Act:
    (a) Sport Fish Restoration program. (1) Restore and manage sport 
fish for the benefit of the public.
    (2) Conduct research on the problems of managing fish and their 
habitat and the problems of fish culture if necessary to administer 
sport fish resources efficiently.
    (3) Obtain data to guide and direct the regulation of fishing. These 
data may be on:
    (i) Size and geographic range of sport fish populations;
    (ii) Changes in sport fish populations due to fishing, other human 
activities, or natural causes; and
    (iii) Effects of any measures or regulations applied.
    (4) Develop and adopt plans to restock sport fish and forage fish in 
the natural areas or districts covered by the plans; and obtain data to 
develop, carry out, and test the effectiveness of the plans.
    (5) Stock fish for recreational purposes.
    (6) Acquire real property suitable or capable of being made suitable 
for:
    (i) Sport fish habitat or as a buffer to protect that habitat; or
    (ii) Public access for sport fishing. Closures to sport fishing must 
be based on the recommendations of the State fish and wildlife agency 
for fish and wildlife management purposes.
    (7) Restore, rehabilitate, improve, or manage:
    (i) Aquatic areas adaptable for sport fish habitat; or
    (ii) Land adaptable as a buffer to protect sport fish habitat.
    (8) Build structures or acquire equipment, goods, and services to:
    (i) Restore, rehabilitate, or improve aquatic habitat for sport 
fish, or land as a buffer to protect aquatic habitat for sport fish; or
    (ii) Provide public access for sport fishing.
    (iii) Grantees and subgrantees must follow the requirements at 2 CFR 
part 200 when acquiring equipment, goods, and services under an award, 
with emphasis on Sec. Sec.200.313, 200.317 through 200.326, and 
200.439.
    (9) Construct, renovate, operate, or maintain pumpout and dump 
stations. A pumpout station is a facility that pumps or receives sewage 
from a type III marine sanitation device that the U.S. Coast Guard 
requires on some vessels. A dump station, also referred to as a ``waste 
reception facility,'' is specifically designed to receive waste from 
portable toilets on vessels.
    (10) Operate or maintain:
    (i) Projects that the State fish and wildlife agency completed under 
the Dingell-Johnson Sport Fish Restoration Act; or
    (ii) Facilities that the agency acquired or constructed with funds 
other than those authorized by the Dingell-Johnson Sport Fish 
Restoration Act if these facilities are necessary to carry out 
activities authorized by the Act.
    (11) Coordinate grants in the Sport Fish Restoration program and 
related programs and subprograms.
    (12) Provide technical assistance.
    (13) Make payments in lieu of taxes on real property under the 
control of the State fish and wildlife agency when the payment is:
    (i) Required by State or local law; and

[[Page 607]]

    (ii) Required for all State lands including those acquired with 
Federal funds and those acquired with non-Federal funds.
    (b) Sport Fish Restoration--Recreational Boating Access subprogram. 
(1) Acquire land for new facilities, build new facilities, or acquire, 
renovate, or improve existing facilities to create or improve public 
access to the waters of the United States or improve the suitability of 
these waters for recreational boating. A broad range of access 
facilities and associated amenities can qualify for funding, but they 
must provide benefits to recreational boaters. ``Facilities'' includes 
auxiliary structures necessary to ensure safe use of recreational 
boating access facilities.
    (2) Conduct surveys to determine the adequacy, number, location, and 
quality of facilities providing access to recreational waters for all 
sizes of recreational boats.
    (c) Sport Fish Restoration--Aquatic Resource Education subprogram. 
Enhance the public's understanding of water resources, aquatic life 
forms, and sport fishing, and develop responsible attitudes and ethics 
toward the aquatic environment.
    (d) Sport Fish Restoration--Outreach and Communications subprogram. 
(1) Improve communications with anglers, boaters, and the general public 
on sport fishing and boating opportunities.
    (2) Increase participation in sport fishing and boating.
    (3) Advance the adoption of sound fishing and boating practices 
including safety.
    (4) Promote conservation and responsible use of the aquatic 
resources of the United States.

[76 FR 46156, Aug. 1, 2011, as amended at 84 FR 44786, Aug. 27, 2019]



Sec.80.52  May an activity be eligible for funding if it is not
explicitly eligible in this part?

    An activity may be eligible for funding even if this part does not 
explicitly designate it as an eligible activity if:
    (a) The State fish and wildlife agency justifies in the project 
statement how the activity will help carry out the purposes of the 
Pittman-Robertson Wildlife Restoration Act or the Dingell-Johnson Sport 
Fish Restoration Act; and
    (b) The Regional Director concurs with the justification.



Sec.80.53  Are costs of State central services eligible for funding?

    Administrative costs in the form of overhead or indirect costs for 
State central services outside of the State fish and wildlife agency are 
eligible for funding under the Acts and must follow an approved cost 
allocation plan. These expenses must not exceed 3 percent of the funds 
apportioned annually to the State under the Acts.



Sec.80.54  What activities are ineligible for funding?

    The following activities are ineligible for funding under the Acts, 
except when necessary to carry out project purposes approved by the 
Regional Director:
    (a) Law enforcement activities.
    (b) Public relations activities to promote the State fish and 
wildlife agency, other State administrative units, or the State.
    (c) Activities conducted for the primary purpose of producing 
income.
    (d) Activities, projects, or programs that promote or encourage 
opposition to the regulated taking of fish, hunting, or the trapping of 
wildlife.



Sec.80.55  May an agency receive a grant to carry out part of
a larger project?

    A State fish and wildlife agency may receive a grant to carry out 
part of a larger project that uses funds unrelated to the grant. The 
grant-funded part of the larger project must:
    (a) Result in an identifiable outcome consistent with the purposes 
of the grant program;
    (b) Be substantial in character and design;
    (c) Meet the requirements of Sec. Sec.80.130 through 80.136 for 
any real property acquired under the grant and any capital improvements 
completed under the grant; and
    (d) Meet all other requirements of the grant program.

[[Page 608]]



Sec.80.56  How does a proposed project qualify as substantial 
in character and design?

    A proposed project qualifies as substantial in character and design 
if it:
    (a) Describes a need consistent with the Acts;
    (b) States a purpose and sets objectives, both of which are based on 
the need;
    (c) Uses a planned approach, appropriate procedures, and accepted 
principles of fish and wildlife conservation and management, research, 
or education; and
    (d) Is cost effective.



               Subpart F_Allocation of Funds by an Agency



Sec.80.60  What is the relationship between the Basic Hunter Education
and Safety subprogram and the Enhanced Hunter Education and Safety
program?

    The relationship between the Basic Hunter Education and Safety 
subprogram (Basic Hunter Education) and the Enhanced Hunter Education 
and Safety program (Enhanced Hunter Education) is in table 1 to Sec.
80.60:

                         Table 1 to Sec. 80.60
------------------------------------------------------------------------
                                  Basic Hunter         Enhanced Hunter
                                 Education funds       Education funds
------------------------------------------------------------------------
(a) Which activities are      Those listed at Sec.Those listed at
 eligible for funding?.          80.50(a) and (b).   80.50(c), but see
                                                     80.60(d) under
                                                     Basic Hunter
                                                     Education funds.
(b) How long are funds        Two Federal fiscal    One Federal fiscal
 available for obligation?.    years.                year.
(c) What if funds are not     The Service may use   The Service
 fully obligated during the    unobligated funds     reapportions
 period of availability?       to carry out the      unobligated funds
                               Migratory Bird        to eligible States
                               Conservation Act      as Wildlife
                               (16 U.S.C. 715 et     Restoration funds
                               seq.).                for the following
                                                     fiscal year. States
                                                     are eligible to
                                                     receive funds only
                                                     if their Basic
                                                     Hunter Education
                                                     funds were fully
                                                     obligated in the
                                                     preceding fiscal
                                                     year for activities
                                                     at Sec. 80.50(b).
(d) What if funds are fully   If Basic Hunter       No special
 obligated during the period   Education funds are   provisions apply.
 of availability?              fully obligated for
                               activities listed
                               at 80.50(b), the
                               agency may use that
                               fiscal year's
                               Enhanced Hunter
                               Education funds for
                               eligible activities
                               related to Basic
                               Hunter Education,
                               Enhanced Hunter
                               Education, or the
                               Wildlife
                               Restoration
                               program.
------------------------------------------------------------------------


[76 FR 46156, Aug. 1, 2011, as amended at 84 FR 44787, Aug. 27, 2019]



Sec.80.61  What requirements apply to funds for the Recreational 
Boating Access subprogram?

    The requirements of this section apply to allocating and obligating 
funds for the Recreational Boating Access subprogram.
    (a) A State fish and wildlife agency must allocate funds from each 
annual apportionment under the Dingell-Johnson Sport Fish Restoration 
Act for use in the subprogram.
    (b) Over each 5-year period, the total allocation for the subprogram 
in each of the Service's geographic regions must average at least 15 
percent of the Sport Fish Restoration funds apportioned to the States in 
that Region. As long as this requirement is met, an individual State 
agency may allocate more or less than 15 percent of its annual 
apportionment in a single Federal fiscal year with the Regional 
Director's approval.
    (c) The Regional Director calculates Regional allocation averages 
for separate 5-year periods that coincide with Federal fiscal years 
2008-2012, 2013-2017, 2018-2022, and each subsequent 5-year period.
    (d) If the total Regional allocation for a 5-year period is less 
than 15 percent, the State agencies may, in a memorandum of 
understanding, agree among themselves which of them will make the 
additional allocations to eliminate the Regional shortfall.

[[Page 609]]

    (e) This paragraph applies if State fish and wildlife agencies do 
not agree on which of them will make additional allocations to bring the 
average Regional allocation to at least 15 percent over a 5-year period. 
If the agencies do not agree:
    (1) The Regional Director may require States in the Region to make 
changes needed to achieve the minimum 15-percent Regional average before 
the end of the fifth year; and
    (2) The Regional Director must not require a State to increase or 
decrease its allocation if the State has allocated at least 15 percent 
over the 5-year period.
    (f) A Federal obligation of these allocated funds must occur by the 
end of the fourth consecutive Federal fiscal year after the Federal 
fiscal year in which the funds first became available for allocation.
    (g) If the agency's application to use these funds has not led to a 
Federal obligation by that time, these allocated funds become available 
for reapportionment among the State fish and wildlife agencies for the 
following fiscal year.



Sec.80.62  What limitations apply to spending on the Aquatic Resource
Education and the Outreach and Communications subprograms?

    The limitations in this section apply to State fish and wildlife 
agency spending on the Aquatic Resource Education and Outreach and 
Communications subprograms.
    (a) Each State's fish and wildlife agency may spend a maximum of 15 
percent of the annual amount apportioned to the State from the Sport 
Fish Restoration and Boating Trust Fund for activities in both 
subprograms. The 15-percent maximum applies to both subprograms as if 
they were one.
    (b) The 15-percent maximum for the subprograms does not apply to the 
Commonwealths of Puerto Rico and the Northern Mariana Islands, the 
District of Columbia, and the territories of Guam, the U.S. Virgin 
Islands, and American Samoa. These jurisdictions may spend more than 15 
percent of their annual apportionments for both subprograms with the 
approval of the Regional Director.



Sec.80.63  Does an agency have to allocate costs in multipurpose 
projects and facilities?

    Yes. A State fish and wildlife agency must allocate costs in 
multipurpose projects and facilities. A grant-funded project or facility 
is multipurpose if it carries out the purposes of:
    (a) A single grant program under the Acts; and
    (b) Another grant program under the Acts, a grant program not under 
the Acts, or an activity unrelated to grants.



Sec.80.64  How does an agency allocate costs in multipurpose projects 
and facilities?

    A State fish and wildlife agency must allocate costs in multipurpose 
projects based on the uses or benefits for each purpose that will result 
from the completed project or facility. The agency must describe the 
method used to allocate costs in multipurpose projects or facilities in 
the project statement included in the grant application.



Sec.80.65  Does an agency have to allocate funds between marine and 
freshwater fisheries projects?

    Yes. Each coastal State's fish and wildlife agency must equitably 
allocate the funds apportioned under the Dingell-Johnson Sport Fish 
Restoration Act between projects with benefits for marine fisheries and 
projects with benefits for freshwater fisheries.
    (a) The subprograms authorized by the Dingell-Johnson Sport Fish 
Restoration Act do not have to allocate funding in the same manner as 
long as the State fish and wildlife agency equitably allocates Dingell-
Johnson Sport Fish Restoration funds as a whole between marine and 
freshwater fisheries.
    (b) The coastal States for purposes of this allocation are:
    (1) 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, and Washington;
    (2) The Commonwealths of Puerto Rico and the Northern Mariana 
Islands; and

[[Page 610]]

    (3) The territories of Guam, the U.S. Virgin Islands, and American 
Samoa.



Sec.80.66  What requirements apply to allocation of funds between 
marine and freshwater fisheries projects?

    The requirements of this section apply to allocation of funds 
between marine and freshwater fisheries projects.
    (a) When a State fish and wildlife agency allocates and obligates 
funds it must meet the following requirements:
    (1) The ratio of total funds obligated for marine fisheries projects 
to total funds obligated for marine and freshwater fisheries projects 
combined must equal the ratio of resident marine anglers to the total 
number of resident anglers in the State; and
    (2) The ratio of total funds obligated for freshwater fisheries 
projects to total funds obligated for marine and freshwater fisheries 
projects combined must equal the ratio of resident freshwater anglers to 
the total number of resident anglers in the State.
    (b) A resident angler is one who fishes for recreational purposes in 
the same State where he or she maintains legal residence.
    (c) Agencies must determine the relative distribution of resident 
anglers in the State between those that fish in marine environments and 
those that fish in freshwater environments. Agencies must use the 
National Survey of Fishing, Hunting, and Wildlife-associated Recreation 
or another statistically reliable survey or technique approved by the 
Regional Director for this purpose.
    (d) If an agency uses statistical sampling to determine the relative 
distribution of resident anglers in the State between those that fish in 
marine environments and those that fish in freshwater environments, the 
sampling must be complete by the earlier of the following:
    (1) Five years after the last statistical sample; or
    (2) Before completing the first certification following any change 
in the licensing system that could affect the number of sportfishing 
license holders.
    (e) The amounts allocated from each year's apportionment do not 
necessarily have to result in an equitable allocation for each year. 
However, the amounts allocated over a variable period, not to exceed 3 
years, must result in an equitable allocation between marine and 
freshwater fisheries projects.
    (f) Agencies that fail to allocate funds equitably between marine 
and freshwater fisheries projects may become ineligible to use Sport 
Fish Restoration program funds. These agencies must remain ineligible 
until they demonstrate to the Director that they have allocated the 
funds equitably.



Sec.80.67  May an agency finance an activity from more than one annual
apportionment?

    A State fish and wildlife agency may use funds from more than one 
annual apportionment to finance high-cost projects, such as construction 
or acquisition of lands or interests in lands, including water rights. 
An agency may do this in either of the following ways:
    (a) Finance the entire cost of the acquisition or construction from 
a non-Federal funding source. The Service will reimburse funds to the 
agency in succeeding apportionment years according to a plan approved by 
the Regional Director and subject to the availability of funds.
    (b) Negotiate an installment purchase or contract in which the 
agency pays periodic and specified amounts to the seller or contractor 
according to a plan that schedules either reimbursements or advances of 
funds immediately before need. The Service will reimburse or advance 
funds to the agency according to a plan approved by the Regional 
Director and subject to the availability of funds.



Sec.80.68  What requirements apply to financing an activity from more
than one annual apportionment?

    The following conditions apply to financing an activity from more 
than one annual apportionment:
    (a) A State fish and wildlife agency must agree to complete the 
project even if Federal funds are not available. If an agency does not 
complete the project, it must recover any expended Federal funds that 
did not result in commensurate wildlife or sport-fishery

[[Page 611]]

benefits. The agency must then reallocate the recovered funds to 
approved projects in the same program.
    (b) The project statement included with the application must have a 
complete schedule of payments to finish the project.
    (c) Interest and other financing costs may be allowable subject to 
the restrictions in the applicable Federal Cost Principles.



                    Subpart G_Application for a Grant



Sec.80.80  How does an agency apply for a grant?

    (a) An agency applies for a grant by sending the Regional Director:
    (1) Completed standard forms that are:
    (i) Approved by the Office of Management and Budget for the grant 
application process; and
    (ii) Available on the Federal Web site for electronic grant 
applications at http://www.grants.gov; and
    (2) Information required for a comprehensive-management-system grant 
or a project-by-project grant.
    (b) The director of the State fish and wildlife agency or his or her 
designee must sign all standard forms submitted in the application 
process.
    (c) The agency must send copies of all standard forms and supporting 
information to the State Clearinghouse or Single Point of Contact before 
sending it to the Regional Director if the State supports this process 
under Executive Order 12372, Intergovernmental Review of Federal 
Programs.



Sec.80.81  What must an agency submit when applying for a comprehensive-management-system grant?

    A State fish and wildlife agency must submit the following documents 
when applying for a comprehensive-management-system grant:
    (a) The standard form for an application for Federal assistance in a 
mandatory grant program.
    (b) The standard forms for assurances for nonconstruction programs 
and construction programs as applicable. Agencies may submit these 
standard forms for assurances annually to the Regional Director for use 
with all applications for Federal assistance in the programs and 
subprograms under the Acts.
    (c) A statement of cost estimates by subaccount. Agencies may obtain 
the subaccount numbers from the Service's Regional Division of Wildlife 
and Sport Fish Restoration.
    (d) Supporting documentation explaining how the proposed work 
complies with the Acts, the provisions of this part, and other 
applicable laws and regulations.
    (e) A statement of the agency's intent to carry out and fund part or 
all of its comprehensive management system through a grant.
    (f) A description of the agency's comprehensive management system 
including inventory, strategic plan, operational plan, and evaluation. 
``Inventory'' refers to the process or processes that an agency uses to:
    (1) Determine actual, projected, and desired resource and asset 
status; and
    (2) Identify management problems, issues, needs, and opportunities.
    (g) A description of the State fish and wildlife agency program 
covered by the comprehensive management system.
    (h) Contact information for the State fish and wildlife agency 
employee who is directly responsible for the integrity and operation of 
the comprehensive management system.
    (i) A description of how the public can take part in decisionmaking 
for the comprehensive management system.



Sec.80.82  What must an agency submit when applying for a project-
by-project grant?

    A State fish and wildlife agency must submit the following documents 
when applying for a project-by-project grant:
    (a) The standard form for an application for Federal assistance in a 
mandatory grant program.
    (b) The standard forms for assurances for nonconstruction programs 
and construction programs as applicable. Agencies may submit these 
standard forms for assurances annually to the Regional Director for use 
with all applications for Federal assistance in the programs and 
subprograms under the Acts.

[[Page 612]]

    (c) A project statement that describes each proposed project and 
provides the following information:
    (1) Need. Explain why the project is necessary and how it fulfills 
the purposes of the relevant Act.
    (2) Purpose. State the purpose and base it on the need. The purpose 
states the desired outcome of the proposed project in general or 
abstract terms.
    (3) Objectives. State the objectives and base them on the need. The 
objectives state the desired outcome of the proposed project in terms 
that are specific and quantified.
    (4) Results or benefits expected.
    (5) Approach. Describe the methods used to achieve the stated 
objectives.
    (6) Useful life. Propose a useful life for each capital improvement, 
and reference the method used to determine the useful life of a capital 
improvement with a value greater than $100,000.
    (7) Geographic location.
    (8) Principal investigator for research projects. Record the 
principal investigator's name, work address, and work telephone number.
    (9) Program income.
    (i) Estimate the amount of program income that the project is likely 
to generate.
    (ii) Indicate the method or combination of methods (deduction, 
addition, or matching) of applying program income to Federal and non-
Federal outlays.
    (iii) Request the Regional Director's approval for the additive or 
matching method. Describe how the agency proposes to use the program 
income and the expected results. Describe the essential need when using 
program income as match.
    (iv) Indicate whether the agency wants to treat program income that 
it earns after the grant period as either license revenue or additional 
funding for purposes consistent with the grant terms and conditions or 
program regulations.
    (v) Indicate whether the agency wants to treat program income that 
the subgrantee earns as license revenue, additional funding for the 
purposes consistent with the grant or subprogram, or income subject only 
to the terms of the subgrant agreement.
    (10) Budget narrative. (i) Provide costs by project and subaccount 
with additional information sufficient to show that the project is cost 
effective. Agencies may obtain the subaccount numbers from the Service's 
Regional Division of Wildlife and Sport Fish Restoration.
    (ii) Describe any item that requires the Service's approval and 
estimate its cost. Examples are preaward costs, capital improvements or 
expenditures, real property acquisitions, or equipment purchases.
    (iii) Include a schedule of payments to finish the project if an 
agency proposes to use funds from two or more annual apportionments.
    (11) Multipurpose projects. Describe the method for allocating costs 
in multipurpose projects and facilities as described in Sec. Sec.80.63 
and 80.64.
    (12) Relationship with other grants. Describe any relationship 
between this project and other work funded by Federal grants that is 
planned, anticipated, or underway.
    (13) Timeline. Describe significant milestones in completing the 
project and any accomplishments to date.
    (14) General. Provide information in the project statement that:
    (i) Shows that the proposed activities are eligible for funding and 
substantial in character and design; and
    (ii) Enables the Service to comply with the applicable requirements 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 and 
4331-4347), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), 
the National Historic Preservation Act (16 U.S.C. 470s), and other laws, 
regulations, and policies.

[76 FR 46156, Aug. 1, 2011, as amended at 84 FR 44787, Aug. 27, 2019]



Sec.80.83  What is the Federal share of allowable costs?

    (a) The Regional Director must provide at least 10 percent and no 
more than 75 percent of the allowable costs of a grant-funded project to 
the fish and wildlife agencies of the 50 States. The Regional Director 
generally approves any Federal share from 10 to 75 percent as proposed 
by one of the 50 States if the:
    (1) Funds are available; and

[[Page 613]]

    (2) Application is complete and consistent with laws, regulations, 
and policies.
    (b) The Regional Director may provide funds to the District of 
Columbia to pay 75 to 100 percent of the allowable costs of a grant-
funded project in a program or subprogram authorized by the Dingell-
Johnson Sport Fish Restoration Act. The Regional Director decides on the 
specific Federal share between 75 and 100 percent based on what he or 
she decides is fair, just, and equitable. The Regional Director may 
reduce the Federal share to less than 75 percent of allowable project 
costs only if the District of Columbia voluntarily provides match to pay 
the remaining allowable costs. However, the Regional Director must not 
reduce the Federal share below 10 percent unless he or she follows the 
procedure at paragraph (d) of this section.
    (c) The Regional Director may provide funds to pay 75 to 100 percent 
of the allowable costs of a project funded by a grant to a fish and 
wildlife agency of the Commonwealths of Puerto Rico and the Northern 
Mariana Islands and the territories of Guam, the U.S. Virgin Islands, 
and American Samoa. The Regional Director decides on the specific 
Federal share between 75 and 100 percent based on what he or she decides 
is fair, just, and equitable. The Regional Director may reduce the 
Federal share to less than 75 percent of allowable project costs only if 
the Commonwealth or territorial fish and wildlife agency voluntarily 
provides match to pay the remaining allowable costs. However, the 
Regional Director must not reduce the Federal share below 10 percent 
unless he or she follows the procedure at paragraph (d) of this section. 
The Federal share of allowable costs for a grant-funded project for the 
Commonwealth of the Northern Mariana Islands and the territories of 
Guam, the U.S. Virgin Islands, and American Samoa may be affected by the 
waiver process described at Sec.80.84(c).
    (d) The Regional Director may waive the 10-percent minimum Federal 
share of allowable costs if the State, District of Columbia, 
Commonwealth, or territory requests a waiver and provides compelling 
reasons to justify why it is necessary for the Federal government to 
fund less than 10 percent of the allowable costs of a project.



Sec.80.84  How does the Service establish the non-Federal share of
allowable costs?

    (a) To establish the non-Federal share of a grant-funded project for 
the 50 States, the Regional Director approves an application for Federal 
assistance in which the State fish and wildlife agency proposes the 
specific non-Federal share by estimating the Federal and match dollars, 
consistent with Sec.80.83(a).
    (b) To establish the non-Federal share of a grant-funded project for 
the District of Columbia and the Commonwealth of Puerto Rico, the 
Regional Director:
    (1) Decides which percentage is fair, just, and equitable for the 
Federal share consistent with Sec.80.83(b) through (d);
    (2) Subtracts the Federal share percentage from 100 percent to 
determine the percentage of non-Federal share; and
    (3) Applies the percentage of non-Federal share to the allowable 
costs of a grant-funded project to determine the match requirement.
    (c) To establish the non-Federal share of a grant-funded project for 
the Commonwealth of the Northern Mariana Islands and the territories of 
Guam, the U.S. Virgin Islands, and American Samoa, the Regional Director 
must first calculate a preliminary percentage of non-Federal share in 
the same manner as described in paragraph (b) of this section. Following 
48 U.S.C. 1469a, the Regional Director must then waive the first 
$200,000 of match to establish the final non-Federal match requirement 
for a project that includes funding from only one grant program or 
subprogram. If a project includes funds from more than one grant program 
or subprogram, the Regional Director must waive the first $200,000 of 
match applied to the funds for each program and subprogram.



Sec.80.85  What requirements apply to match?

    The requirements that apply to match include:

[[Page 614]]

    (a) Match may be in the form of cash or in-kind contributions.
    (b) Unless authorized by Federal law, the State fish and wildlife 
agency or any other entity must not:
    (1) Use as match Federal funds or the value of an in-kind 
contribution acquired with Federal funds; or
    (2) Use the cost or value of an in-kind contribution to satisfy a 
match requirement if the cost or value has been or will be used to 
satisfy a match requirement of another Federal grant, cooperative 
agreement, or contract.
    (c) The agency must fulfill match requirements at the:
    (1) Grant level if the grant has funds from a single subaccount; or
    (2) Subaccount level if the grant has funds from more than one 
subaccount.



                 Subpart H_General Grant Administration



Sec.80.90  What are the grantee's responsibilities?

    A State fish and wildlife agency as a grantee is responsible for all 
of the actions required by this section.
    (a) Compliance with all applicable Federal, State, and local laws 
and regulations.
    (b) Supervision to ensure that the work follows the terms of the 
grant, including:
    (1) Proper and effective use of funds;
    (2) Maintenance of records;
    (3) Submission of complete and accurate Federal financial reports 
and performance reports by the due dates in the terms and conditions of 
the grant; and
    (4) Regular inspection and monitoring of work in progress.
    (c) Selection and supervision of personnel to ensure that:
    (1) Adequate and competent personnel are available to complete the 
grant-funded work on schedule; and
    (2) Project personnel meet time schedules, accomplish the proposed 
work, meet objectives, and submit the required reports.
    (d) Settlement of all procurement-related contractual and 
administrative issues.
    (e) Giving reasonable access to work sites and records by employees 
and contractual auditors of the Service, the Department of the Interior, 
and the Comptroller General of the United States.
    (1) Access is for the purpose of:
    (i) Monitoring progress, conducting audits, or other reviews of 
grant-funded projects; and
    (ii) Monitoring the use of license revenue.
    (2) Regulations on the uniform administrative requirements for 
grants awarded by the Department of the Interior describe the records 
that are subject to these access requirements.
    (3) The closeout of an award does not affect the grantee's 
responsibilities described in this section.
    (f) Control of all assets acquired under the grant to ensure that 
they serve the purpose for which acquired throughout their useful life.



Sec.80.91  What is a Federal obligation of funds and how does
it occur?

    An obligation of funds is a legal liability to disburse funds 
immediately or at a later date as a result of a series of actions. All 
of these actions must occur to obligate funds for the formula-based 
grant programs authorized by the Acts:
    (a) The Service sends an annual certificate of apportionment to a 
State fish and wildlife agency, which tells the agency how much funding 
is available according to formulas in the Acts.
    (b) The agency sends the Regional Director an application for 
Federal assistance to use the funds available to it under the Acts and 
commits to provide the required match to carry out projects that are 
substantial in character and design.
    (c) The Regional Director notifies the agency that he or she 
approves the application for Federal assistance and states the terms and 
conditions of the grant.
    (d) The agency accepts the terms and conditions of the grant in one 
of the following ways:
    (1) Starts work on the grant-funded project by placing an order, 
entering into a contract, awarding a subgrant, receiving goods or 
services, or otherwise incurring allowable costs during the grant period 
that will require payment immediately or in the future;

[[Page 615]]

    (2) Draws down funds for an allowable activity under the grant; or
    (3) Sends the Regional Director a letter, fax, or e-mail accepting 
the terms and conditions of the grant.



Sec.80.92  How long are funds available for a Federal obligation?

    Funds are available for a Federal obligation during the fiscal year 
for which they are apportioned and until the close of the following 
fiscal year except for funds in the Enhanced Hunter Education and Safety 
program and the Recreational Boating Access subprogram. See Sec. Sec.
80.60 and 80.61 for the length of time that funds are available in this 
program and subprogram.



Sec.80.93  When may an agency incur costs under a grant?

    A State fish and wildlife agency may incur costs under a grant from 
the effective date of the grant period to the end of the grant period 
except for preaward costs that meet the conditions in Sec.80.94.



Sec.80.94  May an agency incur costs before the beginning of the
grant period?

    (a) A State fish and wildlife agency may incur costs of a proposed 
project before the beginning of the grant period (preaward costs). 
However, the agency has no assurance that it will receive reimbursement 
until the Regional Director awards a grant that incorporates a project 
statement demonstrating that the preaward costs conform to all of the 
conditions in paragraph (b) of this section.
    (b) Preaward costs must meet the following requirements:
    (1) The costs are necessary and reasonable for accomplishing the 
grant objectives.
    (2) The Regional Director would have approved the costs if the State 
fish and wildlife agency incurred them during the grant period.
    (3) The agency incurs these costs in anticipation of the grant and 
in conformity with the negotiation of the award with the Regional 
Director.
    (4) The activities associated with the preaward costs comply with 
all laws, regulations, and policies applicable to a grant-funded 
project.
    (5) The agency must:
    (i) Obtain the Regional Director's concurrence that the Service will 
be able to comply with the applicable laws, regulations, and policies 
before the agency starts work on the ground; and
    (ii) Provide the Service with all the information it needs with 
enough lead time for it to comply with the applicable laws, regulations, 
and policies.
    (6) The agency must not complete the project before the beginning of 
the grant period unless the Regional Director concurs that doing so is 
necessary to take advantage of temporary circumstances favorable to the 
project or to meet legal deadlines. An agency completes a project when 
it incurs all costs and finishes all work necessary to achieve the 
project objectives.
    (c) The agency can receive reimbursement for preaward costs only 
after the beginning of the grant period.



Sec.80.95  How does an agency receive Federal grant funds?

    (a) A State fish and wildlife agency may receive Federal grant funds 
through either:
    (1) A request for reimbursement; or
    (2) A request for an advance of funds if the agency maintains or 
demonstrates that it will maintain procedures to minimize time between 
transfer of funds and disbursement by the agency or its subgrantee.
    (b) An agency must use the following procedures to receive a 
reimbursement or an advance of funds:
    (1) Request funds through an electronic payment system designated by 
the Regional Director; or
    (2) Request funds on a standard form for that purpose only if the 
agency is unable to use the electronic payment system.
    (c) The Regional Director will reimburse or advance funds only to 
the office or official designated by the agency and authorized by State 
law to receive public funds for the State.
    (d) All payments are subject to final determination of allowability 
based on audit or a Service review. The State fish and wildlife agency 
must repay any overpayment as directed by the Regional Director.

[[Page 616]]

    (e) The Regional Director may withhold payments pending receipt of 
all required reports or documentation for the project.



Sec.80.96  May an agency use Federal funds without using match?

    (a) The State fish and wildlife agency must not draw down any 
Federal funds for a grant-funded project under the Acts in greater 
proportion to the use of match than total Federal funds bear to total 
match unless:
    (1) The grantee draws down Federal grant funds to pay for 
construction, including land acquisition;
    (2) An in-kind contribution of match is not yet available for 
delivery to the grantee or subgrantee; or
    (3) The project is not at the point where it can accommodate an in-
kind contribution.
    (b) If an agency draws down Federal funds in greater proportion to 
the use of match than total Federal funds bear to total match under the 
conditions described at paragraphs (a)(1) through (a)(3) of this 
section, the agency must:
    (1) Obtain the Regional Director's prior approval, and
    (2) Satisfy the project's match requirement before it submits the 
final Federal financial report.



Sec.80.97  May an agency barter goods or services to carry out
a grant-funded project?

    Yes. A State fish and wildlife agency may barter to carry out a 
grant-funded project. A barter transaction is the exchange of goods or 
services for other goods or services without the use of cash. Barter 
transactions are subject to the cost principles at 2 CFR part 200.

[84 FR 44787, Aug. 27, 2019]



Sec.80.98  How must an agency report barter transactions?

    (a) A State fish and wildlife agency must follow the requirements in 
table 1 to Sec.80.98(a) when reporting barter transactions in the 
Federal financial report:

                        Table 1 to Sec.80.98(a)

    (a) A State fish and wildlife agency must follow the requirements in 
the following table when reporting barter transactions in the Federal 
financial report:

------------------------------------------------------------------------
             If * * *                       Then the agency * * *
------------------------------------------------------------------------
(1) The goods or services           (i) Does not have to report bartered
 exchanged have the same market      goods or services as program income
 value,.                             or grant expenses in the Federal
                                     financial report; and
                                    (ii) Must disclose that barter
                                     transactions occurred and state
                                     what was bartered in the Remarks
                                     section of the report.
(2) The market value of the goods   Must report the difference in market
 or services relinquished exceeds    value as grant expenses in the
 the market value of the goods and   Federal financial report.
 services received,.
(3) The market value of the goods   Must report the difference in market
 or services received exceeds the    value as program income in the
 market value of the goods and       Federal financial report.
 services relinquished,.
(4) The barter transaction was      (i) Does not have to report bartered
 part of a cooperative farming or    goods or services as program income
 grazing arrangement meeting the     or grant expenses in the Federal
 requirements in paragraph (b) of    financial report; and
 this section,.                     (ii) Must disclose that barter
                                     transactions occurred and identify
                                     what was bartered in the Remarks
                                     section of the Federal financial
                                     report.
------------------------------------------------------------------------

    (b) For purposes of paragraph (a)(4) of this section, cooperative 
farming or grazing is an arrangement in which an agency:
    (1) Allows an agricultural producer to farm or graze livestock on 
land under the agency's control; and
    (2) Designs the farming or grazing to advance the agency's fish and 
wildlife management objectives.

[76 FR 46156, Aug. 1, 2011, as amended at 84 FR 44786, Aug. 27, 2019]



Sec.80.99  Are symbols available to identify projects?

    Yes. The following distinctive symbols are available to identify 
projects funded by the Acts and products on which taxes and duties have 
been collected to support the Acts:
    (a) The symbol of the Pittman-Robertson Wildlife Restoration Act 
follows:

[[Page 617]]

[GRAPHIC] [TIFF OMITTED] TR01AU11.031

    (b) The symbol of the Dingell-Johnson Sport Fish Restoration Act 
follows:
[GRAPHIC] [TIFF OMITTED] TR01AU11.032

    (c) The symbol of the Acts when used in combination follows:
    [GRAPHIC] [TIFF OMITTED] TR12SE14.027
    

[76 FR 46156, Aug. 1, 2011, as amended at 79 FR 54668, Sept. 12, 2014]



Sec.80.100  Does an agency have to display one of the symbols in this
part on a completed project?

    No. A State fish and wildlife agency does not have to display one of 
the

[[Page 618]]

symbols in Sec.80.99 on a project completed under the Acts. However, 
the Service encourages agencies to display the appropriate symbol 
following these requirements or guidelines:
    (a) An agency may display the appropriate symbol(s) on:
    (1) Areas such as wildlife-management areas, shooting ranges, and 
sportfishing and boating-access facilities that were acquired, 
developed, operated, or maintained with funds authorized by the Acts; 
and
    (2) Printed or Web-based material or other visual representations of 
project accomplishments.
    (b) An agency may require a subgrantee to display the appropriate 
symbol or symbols in the places described in paragraph (a) of this 
section.
    (c) The Director or Regional Director may authorize an agency to use 
the symbols in a manner other than as described in paragraph (a) of this 
section.
    (d) The Director or Regional Director may authorize other persons, 
organizations, agencies, or governments to use the symbols for purposes 
related to the Acts by entering into a written agreement with the user. 
An applicant must state how it intends to use the symbol(s), to what it 
will attach the symbol(s), and the relationship to the specific Act.
    (e) The user of the symbol(s) must indemnify and defend the United 
States and hold it harmless from any claims, suits, losses, and damages 
from:
    (1) Any allegedly unauthorized use of any patent, process, idea, 
method, or device by the user in connection with its use of the 
symbol(s), or any other alleged action of the user; and
    (2) Any claims, suits, losses, and damages arising from alleged 
defects in the articles or services associated with the symbol(s).
    (f) The appearance of the symbol(s) on projects or products 
indicates that the manufacturer of the product pays excise taxes in 
support of the respective Act(s), and that the project was funded under 
the respective Act(s) (26 U.S.C. 4161, 4162, 4181, 4182, 9503, and 
9504). The 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 safety of any product, 
service, or project associated with the symbol(s).
    (g) No one may use any of the symbols in any other manner unless the 
Director or Regional Director authorizes it. Unauthorized use of the 
symbol(s) is a violation of 18 U.S.C. 701 and subjects the violator to 
possible fines and imprisonment.



                        Subpart I_Program Income



Sec.80.120  What is program income?

    (a) Program income is gross income received by the grantee or 
subgrantee and earned only as a result of the grant during the grant 
period. Upon request from the State agency and approval of the Service, 
the option at 2 CFR 200.307(b) may be allowed.
    (b) Program income includes revenue from any of the following:
    (1) Services performed under a grant.
    (2) Use or rental of real or personal property acquired, 
constructed, or managed with grant funds.
    (3) Payments by concessioners or contractors under an arrangement 
with the agency or subgrantee to provide a service in support of grant 
objectives on real property acquired, constructed, or managed with grant 
funds.
    (4) Sale of items produced under a grant.
    (5) Fees collected by the agency for delivering or providing hunter 
education, aquatic education, or other courses.
    (6) Royalties and license fees for copyrighted material, patents, 
and inventions developed as a result of a grant.
    (7) Sale of a product of mining, drilling, forestry, or agriculture 
during the period of a grant that supports the:
    (i) Mining, drilling, forestry, or agriculture; or
    (ii) Acquisition of the land on which these activities occurred.
    (c) Program income does not include any of the following:
    (1) Interest on grant funds, rebates, credits, discounts, or 
refunds.
    (2) Sales receipts retained by concessioners or contractors under an 
arrangement with the agency to provide a service in support of grant 
objectives on real property acquired, constructed, or managed with grant 
funds.

[[Page 619]]

    (3) Cash received by the agency or by volunteer instructors to cover 
incidental costs of a hunter education, aquatic education, or other 
classes. Incidental costs are small amounts and typically not essential 
to the training delivery. Materials purchased at cost by the student, 
separate from course fees, are incidental costs.
    (4) Cooperative farming or grazing arrangements as described at 
Sec.80.98.
    (5) Proceeds from the sale of real property, equipment, or supplies.

[84 FR 44787, Aug. 27, 2019]



Sec.80.121  May an agency earn program income?

    A State fish and wildlife agency may earn income from activities 
incidental to the grant purposes as long as producing income is not a 
primary purpose. The agency must account for income received from these 
activities in the project records and dispose of it according to the 
terms of the grant.



Sec.80.122  May an agency deduct the costs of generating program 
income from gross income?

    (a) A State fish and wildlife agency may deduct the costs of 
generating program income from gross income when it calculates program 
income as long as the agency does not:
    (1) Pay these costs with:
    (i) Federal or matching cash under a Federal grant; or
    (ii) Federal cash unrelated to a grant.
    (2) Cover these costs by accepting:
    (i) Matching in-kind contributions for a Federal grant; or
    (ii) Donations of services, personal property, or real property 
unrelated to a Federal grant.
    (b) Examples of costs of generating program income that may qualify 
for deduction from gross income if they are consistent with paragraph 
(a) of this section are:
    (1) Cost of estimating the amount of commercially acceptable timber 
in a forest and marking it for harvest if the commercial harvest is 
incidental to a grant-funded habitat-management or facilities-
construction project.
    (2) Cost of publishing research results as a pamphlet or book for 
sale if the publication is incidental to a grant-funded research 
project.



Sec.80.123  How may an agency use program income?

    (a) A State fish and wildlife agency may choose any of the three 
methods listed in paragraph (b) of this section for applying program 
income to Federal and non-Federal outlays. The agency may also use a 
combination of these methods. The method or methods that the agency 
chooses will apply to the program income that it earns during the grant 
period and to the program income that any subgrantee earns during the 
grant period. The agency must indicate the method or methods that it 
wants to use in the project statement that it submits with each 
application for Federal assistance.
    (b) Program income must be spent within the grant period and program 
in which it is earned and before requesting additional Federal funds for 
the activity for which the program income is earned.
    (c) The three methods for applying program income to Federal and 
non-Federal outlays are in table 1 to Sec.80.123(c):

                       Table 1 to Sec. 80.123(c)
------------------------------------------------------------------------
            Method                   Requirements for using method
------------------------------------------------------------------------
(1) Deduction................  (i) The agency must deduct the program
                                income from total allowable costs to
                                determine the net allowable costs.
                               (ii) The agency must use program income
                                for current costs under the grant unless
                                the Regional Director authorizes
                                otherwise.
                               (iii) If the agency does not indicate the
                                method that it wants to use in the
                                project statement, then it must use the
                                deduction method.
(2) Addition.................  (i) The agency must request the Regional
                                Director's approval in the project
                                statement.
                               (ii) The agency may add the program
                                income to the Federal and non-Federal
                                funds under the grant.
                               (iii) The agency must use the program
                                income for the purposes of the grant and
                                under the terms of the grant.

[[Page 620]]

 
(3) Cost sharing or matching.  (i) The agency must request the Regional
                                Director's approval in the project
                                statement.
                               (ii) The agency must explain in the
                                project statement the expected program
                                income, how the agency proposes to use
                                the program income to satisfy matching
                                requirements, how the agency will use
                                program income earned in excess of
                                required match, and the primary
                                conservation or recreation objective
                                sufficient to show program income as a
                                secondary benefit.
                               (iii) If neither the agency's project
                                statement nor the award indicates how
                                program income in excess of matching
                                requirements will be applied, the agency
                                must use the deduction method.
------------------------------------------------------------------------


[84 FR 44787, Aug. 27, 2019]



Sec.80.124  How may an agency use unexpended program income?

    A State fish and wildlife agency must spend program income before 
requesting additional payments under an award. If the agency has 
unexpended program income on its final Federal financial report, it may 
use the income under a subsequent grant for any activity eligible for 
funding in the grant program that generated the income.

[84 FR 44788, Aug. 27, 2019]



Sec.80.125  How must an agency treat income that it earns after 
the grant period?

    (a) The State fish and wildlife agency must treat program income 
that it earns after the grant period as either:
    (1) License revenue for the administration of the agency; or
    (2) Additional funding for purposes consistent with the grant or the 
program.
    (b) The agency must indicate its choice of one of the alternatives 
in paragraph (a) of this section in the project statement that the 
agency submits with each application for Federal assistance. If the 
agency does not record its choice in the project statement, the agency 
must treat the income earned after the grant period as license revenue.



Sec.80.126  How must an agency treat income earned by a subgrantee 
after the grant period?

    (a) The State fish and wildlife agency must treat income earned by a 
subgrantee after the grant period as:
    (1) License revenue for the administration of the agency;
    (2) Additional funding for purposes consistent with the grant or the 
program; or
    (3) Income subject only to the terms of the subgrant agreement and 
any subsequent contractual agreements between the agency and the 
subgrantee.
    (b) The agency must indicate its choice of one of the above 
alternatives in the project statement that it submits with each 
application for Federal assistance. If the agency does not indicate its 
choice in the project statement, the subgrantee does not have to account 
for any income that it earns after the grant period unless required to 
do so in the subgrant agreement or in any subsequent contractual 
agreement.



                         Subpart J_Real Property



Sec.80.130  Does an agency have to hold title to real property 
acquired under a grant?

    A State fish and wildlife agency must hold title to an ownership 
interest in real property acquired under a grant to the extent possible 
under State law.
    (a) Some States do not authorize their fish and wildlife agency to 
hold the title to real property that the agency manages. In these cases, 
the State or one of its administrative units may hold the title to 
grant-funded real property as long as the agency has the authority to 
manage the real property for its authorized purpose under the grant. The 
agency, the State, or another administrative unit of State government 
must not hold title to an undivided ownership interest in the real 
property concurrently with a subgrantee or any other entity.
    (b) An ownership interest is an interest in real property that gives 
the person who holds it the right to use and occupy a parcel of land or 
water and to exclude others. Ownership interests include fee and 
leasehold interests but not easements.

[[Page 621]]



Sec.80.131  Does an agency have to hold an easement acquired under
a grant?

    A State fish and wildlife agency must hold an easement acquired 
under a grant, but it may share certain rights or responsibilities as 
described in paragraph (b) of this section if consistent with State law.
    (a) Any sharing of rights or responsibilities does not diminish the 
agency's responsibility to manage the easement for its authorized 
purpose.
    (b) The agency may share holding or enforcement of an easement only 
in the following situations:
    (1) The State or another administrative unit of State government may 
hold an easement on behalf of its fish and wildlife agency.
    (2) The agency may subgrant the concurrent right to hold the 
easement to a nonprofit organization or to a local or tribal government. 
A concurrent right to hold an easement means that both the State agency 
and the subgrantee hold the easement and share its rights and 
responsibilities.
    (3) The agency may subgrant a right of enforcement to a nonprofit 
organization or to a local or tribal government. This right of 
enforcement may allow the subgrantee to have reasonable access and entry 
to property protected under the easement for purposes of inspection, 
monitoring, and enforcement. The subgrantee's right of enforcement must 
not supersede and must be concurrent with the agency's right of 
enforcement.



Sec.80.132  Does an agency have to control the land or water where
it completes capital improvements?

    Yes. A State fish and wildlife agency must control the parcel of 
land and water on which it completes a grant-funded capital improvement. 
An agency must exercise this control by holding title to a fee or 
leasehold interest or through another legally binding agreement. Control 
must be adequate for the protection, maintenance, and use of the 
improvement for its authorized purpose during its useful life even if 
the agency did not acquire the parcel with grant funds.



Sec.80.133  Does an agency have to maintain acquired or completed
capital improvements?

    Yes. A State fish and wildlife agency is responsible for maintaining 
capital improvements acquired or completed under a grant to ensure that 
each capital improvement continues to serve its authorized purpose 
during its useful life.



Sec.80.134  How must an agency use real property?

    (a) If a grant funds acquisition of an interest in a parcel of land 
or water, the State fish and wildlife agency must use it for the purpose 
authorized in the grant.
    (b) If a grant funds construction of a capital improvement, the 
agency must use the capital improvement for the purpose authorized in 
the grant during the useful life of the capital improvement. The agency 
must do this even if it did not use grant funds to:
    (1) Acquire the parcel on which the capital improvement is located; 
or
    (2) Build the structure in which the capital improvement is a 
component.
    (c) If a grant funds management, operation, or maintenance of a 
parcel of land or water, or a capital improvement, the agency must use 
it for the purpose authorized in the grant during the grant period. The 
agency must do this even if it did not acquire the parcel or construct 
the capital improvement with grant funds.
    (d) A State agency may allow commercial, recreational, and other 
secondary uses of a grant-funded parcel of land or water or capital 
improvement if these secondary uses do not interfere with the authorized 
purpose of the grant.



Sec.80.135  What if an agency allows a use of real property that
interferes with its authorized purpose?

    (a) When a State fish and wildlife agency allows a use of real 
property that interferes with its authorized purpose under a grant, the 
agency must fully restore the real property to its authorized purpose.
    (b) If the agency cannot fully restore the real property to its 
authorized purpose, it must replace the real property using non-Federal 
funds.

[[Page 622]]

    (c) The agency must determine that the replacement property:
    (1) Is of at least equal value at current market prices; and
    (2) Has fish, wildlife, and public-use benefits consistent with the 
purposes of the original grant.
    (d) The Regional Director may require the agency to obtain an 
appraisal and appraisal review to estimate the value of the replacement 
property at current market prices if the agency cannot support its 
assessment of value.
    (e) The agency must obtain the Regional Director's approval of:
    (1) Its determination of the value and benefits of the replacement 
property; and
    (2) The documentation supporting this determination.
    (f) The agency may have a reasonable time, up to 3 years from the 
date of notification by the Regional Director, to restore the real 
property to its authorized purpose or acquire replacement property. If 
the agency does not restore the real property to its authorized purpose 
or acquire replacement property within 3 years, the Director may declare 
the agency ineligible to receive new grants in the program or programs 
that funded the original acquisition.



Sec.80.136  Is it a diversion if an agency does not use grant-
acquired real property for its authorized purpose?

    If a State fish and wildlife agency does not use grant-acquired real 
property for its authorized purpose, a diversion occurs only if both of 
the following conditions apply:
    (a) The agency used license revenue as match for the grant; and
    (b) The unauthorized use is for a purpose other than management of 
the fish- and wildlife-related resources for which the agency has 
authority under State law.



Sec.80.137  What if real property is no longer useful or needed for 
its original purpose?

    If the director of the State fish and wildlife agency and the 
Regional Director jointly decide that real property acquired with grant 
funds is no longer useful or needed for its original purpose under the 
grant, the director of the agency must:
    (a) Propose another eligible purpose for the real property under the 
grant program and ask the Regional Director to approve this proposed 
purpose; or
    (b) Follow the regulations at 2 CFR 200.311 and consult with the 
Regional Director on how to treat proceeds from the disposition of real 
property.

[84 FR 44788, Aug. 27, 2019]



                     Subpart K_Revisions and Appeals



Sec.80.150  How does an agency ask for revision of a grant?

    (a) A State fish and wildlife agency must ask for revision of a 
project or grant by sending the Service the following documents:
    (1) The standard form approved by the Office of Management and 
Budget as an application for Federal assistance. The agency may use this 
form to update or request a change in the information that it submitted 
in an approved application. The director of the agency or his or her 
designee must sign this form.
    (2) A statement attached to the application for Federal assistance 
that explains:
    (i) How the requested revision would affect the information that the 
agency submitted with the original grant application; and
    (ii) Why the requested revision is necessary.
    (b) An agency must send any requested revision of the purpose or 
objectives of a project or grant to the State Clearinghouse or Single 
Point of Contact if the State maintains this process under Executive 
Order 12372, Intergovernmental Review of Federal Programs.



Sec.80.151  May an agency appeal a decision?

    An agency may appeal the Director's or Regional Director's decision 
on any matter subject to this part.
    (a) The State fish and wildlife agency must send the appeal to the 
Director within 30 days of the date that the Director or Regional 
Director mails or otherwise informs an agency of a decision.
    (b) The agency may appeal the Director's decision under paragraph 
(a) of this section to the Secretary within 30

[[Page 623]]

days of the date that the Director mailed the decision. An appeal to the 
Secretary must follow procedures in 43 CFR part 4, subpart G, ``Special 
Rules Applicable to other Appeals and Hearings.''



                    Subpart L_Information Collection



Sec.80.160  What are the information collection requirements of this
part?

    (a) This part requires each State fish and wildlife agency to 
provide the following information to the Service. The State agency must:
    (1) Certify the number of people who have paid licenses to hunt and 
the number of people who have paid licenses to fish in a State during 
the State-specified certification period (OMB control number 1018-0007).
    (2) Provide information for a grant application on a Governmentwide 
standard form (OMB control number 4040-0002).
    (3) Certify on a Governmentwide standard form that it:
    (i) Has the authority to apply for the grant;
    (ii) Has the capability to complete the project; and
    (iii) Will comply with the laws, regulations, and policies 
applicable to nonconstruction projects, construction projects, or both 
(OMB control numbers 4040-0007 and 4040-0009).
    (4) Provide a project statement that describes the need, purpose and 
objectives, results or benefits expected, approach, geographic location, 
explanation of costs, and other information that demonstrates that the 
project is eligible under the Acts and meets the requirements of the 
Federal Cost Principles and the laws, regulations, and policies 
applicable to the grant program (OMB Control Number 1018-0100).
    (5) Change or update information provided to the Service in a 
previously approved application (OMB Control Number 1018-0100).
    (6) Report on a Governmentwide standard form on the status of 
Federal grant funds and any program income earned (OMB control number 
0348-0061).
    (7) Report as a grantee on progress in completing the grant-funded 
project (OMB Control Number 1018-0100).
    (b) The authorizations for information collection under this part 
are in the Acts and in 2 CFR part 200, ``Uniform Administrative 
Requirements, Cost Principles, and Audit Requirements for Federal 
Awards.''
    (c) Send comments on the information collection requirements to: 
U.S. Fish and Wildlife Service, Information Collection Clearance 
Officer, 5275 Leesburg Pike, MS: BPHC, Falls Church, Virginia 22041-
3803.

[76 FR 46156, Aug. 1, 2011, as amended at 79 FR 43967, July 29, 2014, 84 
FR 44788, Aug. 27, 2019]



PART 81_CONSERVATION OF ENDANGERED AND THREATENED SPECIES OF FISH, 
WILDLIFE, AND PLANTS_COOPERATION WITH THE STATES--Table of Contents



Sec.
81.1 Definitions.
81.2 Cooperation with the States.
81.3 Cooperative Agreement.
81.4 Allocation of funds.
81.5 Information for the Secretary.
81.6 Project Agreement.
81.7 Availability of funds.
81.8 Payments.
81.9 Assurances.
81.10 Submission of documents.
81.11 Divergent opinions over project merits.
81.12 Contracts.
81.13 Inspection.
81.14 Comprehensive plan alternative.
81.15 Audits.

    Authority: Endangered Species Act of 1973, sec. 6(h), 87 Stat. 884, 
16 U.S.C. 1531-43, Pub. L. 93-205.

    Source: 40 FR 47509, Oct. 9, 1975, unless otherwise noted.



Sec.81.1  Definitions.

    As used in this part, terms shall have the meaning ascribed in this 
section.
    (a) Agreements. Signed documented statements of the actions to be 
taken by the State(s) and the Secretary in furthering the purposes of 
the Act. They include:
    (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

[[Page 624]]

be taken in connection with the conservation of endangered or threatened 
species, benefits derived, cost of actions, and costs to be borne by the 
Federal Government and by the States.
    (b) Conserve, conserving, and conservation. The use of all methods 
and procedures which are necessary to bring any endangered species or 
threatened species to the point at which the measures provided pursuant 
to the Endangered Species Act of 1973 are no longer necessary. Such 
methods and procedures include, but are not limited to, all activities 
associated with scientific resources management such as research, 
census, law enforcement, habitat acquisition and maintenance, 
propagation, live trapping, and transplantation, and, in the 
extraordinary case where population pressures within a given ecosystem 
cannot be otherwise relieved, may include regulated taking.
    (c) Endangered species. Any species which is in danger of extinction 
throughout all or a significant portion of its range (other than a 
species of the Class Insecta as determined by the Secretary to 
constitute a pest whose protection under the provisions of The 
Endangered Species Act of 1973 would present an overwhelming and 
overriding risk to man).
    (d) Fish or wildlife. Any member of the animal kingdom, including 
without limitation any mammal, fish, bird (including any migratory, 
nonmigratory, or endangered bird for which protection is also afforded 
by treaty or other international agreement), amphibian, reptile, 
mollusk, crustacean, arthropod or other invertebrate, and includes any 
part, product, egg, or offspring thereof, or the dead body or parts 
thereof.
    (e) Plant. Any member of the plant kingdom, including seeds, roots, 
and other parts thereof.
    (f) Program. A State-developed set of goals, objectives, strategies, 
action, and funding necessary to be taken to promote the conservation 
and management of resident endangered or threatened species.
    (g) Secretary. The Secretary of the Interior or his authorized 
representative.
    (h) Species. This term includes any subspecies of fish or wildlife 
or plants, and any distinct population segment of any species of 
vertebrate fish or wildlife which interbreeds when mature.
    (i) State. Any of the several States, the District of Columbia, the 
Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, 
and the Trust Territory of the Pacific Islands.
    (j) State agency. The State agency or agencies, or other 
governmental entity or entities which are responsible for the management 
and conservation of fish or wildlife resources within a State.
    (k) Plan. A course of action under which immediate attention will be 
given to a State's resident species determined to be endangered or 
threatened.
    (l) Threatened species. Any species which is likely to become an 
endangered species within the foreseeable future throughout all or a 
significant portion of its range, as determined by the Secretary.
    (m) Project. A plan undertaken to conserve the various species of 
fish and wildlife or plants facing extinction.
    (n) Act. The Endangered Species Act of 1973, Pub. L. 93-205, 16 
U.S.C. 1531 et seq.
    (o) Project segment. An essential part or a division of a project, 
usually separated as a period of time, occasionally as a unit of work.
    (p) Resident species. For the purposes of the Endangered Species Act 
of 1973, a species is resident in a State if it exists in the wild in 
that State during any part of its life.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31580, May 31, 1979; 49 
FR 30074, July 26, 1984]



Sec.81.2  Cooperation with the States.

    The Secretary is authorized by the act to cooperate with any State 
which establishes and maintains an adequate and active program for the 
conservation of various endangered and threatened species. In order for 
a State program to be deemed an adequate and active program, the 
Secretary must find and reconfirm, on an annual basis, that under the 
State program, either:
    (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;

[[Page 625]]

    (b) The State agency has established an acceptable conservation 
program, consistent with the purposes and policies of the act, for all 
residents species of fish and wildlife or plants in the State which are 
deemed by the Secretary to be endangered or threatened; and has 
furnished a copy of such program together with all pertinent details, 
information, and data requested to the Secretary;
    (c) The State agency is authorized to conduct investigations to 
determine the status and requirements for survival of resident species 
of fish and wildlife or plants;
    (d) The State agency is authorized to establish programs, including 
the acquisition of land or aquatic habitat or interests therein, for the 
conservation of resident endangered or threatened species; and
    (e) Provisions are made for public participation in designating 
resident species of fish and wildlife or plants as endangered or 
threatened, or that under the State program: (1) The requirements set 
forth in paragraphs (c), (d), and (e) of this section are complied with 
concerning fish and wildlife and in paragraphs (c) and (e) of this 
section concerning plants, and plans are included under which immediate 
attention will be given to those resident species of fish and wildlife 
or plants which are determined by the Secretary or the State agency to 
be endangered or threatened and which the Secretary and the State agency 
agree are most urgently in need of conservation programs; except that a 
cooperative agreement entered into with a State whose program is deemed 
adequate and active pursuant to this paragraph shall not affect the 
applicability of prohibitions set forth in or authorized pursuant to 
section 4(d) or section 9(a)(1) of the Endangered Species Act of 1973 
with respect to the taking of any resident endangered or threatened 
species.

[41 FR 15016, Apr. 9, 1976, as amended at 44 FR 31580, May 31, 1979]



Sec.81.3  Cooperative Agreement.

    Upon determination by the Secretary that a State program is adequate 
and active and complies with Sec.81.2, the Secretary shall enter into 
an Agreement with the State. A Cooperative Agreement is necessary before 
a Project Agreement can be approved for endangered or threatened species 
projects. A cooperative agreement under Sec.81.2 must be reconfirmed 
annually to reflect new laws, species lists, rules and regulations, and 
programs, and to demonstrate that the program is still active and 
adequate. The Secretary, in determining which species are most urgently 
in need of a conservation program as provided for in Sec.81.2(e), 
shall apply the following criteria: (1) The degree of threat to the 
continued existence of the species; (2) the recovery potential of the 
species; (3) the taxonomic status, e.g., giving full species priority 
over subspecies or populations; and (4) such other relevent biological 
factors as determined appropriate.

[41 FR 15016, Apr. 9, 1976, as amended at 44 FR 31580, May 31, 1979]



Sec.81.4  Allocation of funds.

    The Secretary shall semi-annually allocate funds, appropriated for 
the purpose of carrying out Section 6, to various State programs using 
the following as the basis for his determination:
    (a) The international commitments of the United States to protect 
endangered or threatened species;
    (b) The readiness of a State to proceed with a conservation program 
consistent with the objectives and purposes of the Act;
    (c) The number of endangered and threatened species within a State;
    (d) The potential for restoring endangered and threatened species 
within a State; and
    (e) The relative urgency to initiate a program to restore and 
protect an endangered or threatened species in terms of survival of the 
species.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31580, May 31, 1979]



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.

[[Page 626]]



Sec.81.6  Project Agreement.

    (a) Subsequent to the establishment of a Cooperative Agreement 
pursuant to Sec.81.3, the Secretary may further agree with the States 
to provide financial assistance in the development and implementation of 
acceptable projects for the conservation of endangered and threatened 
species. Financial agreements will consist of an Application for Federal 
Assistance and a Project Agreement. Such agreements' continued 
existence, and continued financial assistance under such agreements, 
shall be contingent upon the continued existence of the Cooperative 
Agreement described in Sec.81.3 of this part.
    (b) The Application for Federal Assistance will show the need for 
the project, the objectives, the expected benefits and results, the 
approach, the period of time necessary to accomplish the objectives, and 
both the Federal and State costs. All of a State's activities proposed 
for this Federal grant support will be incorporated in one or more 
project applications.
    (c) To meet the requirements of the Act, the Application for Federal 
Assistance shall certify that the State agency submitting the project is 
committed to its execution and that is has been reviewed by the 
appropriate State officials and is in compliance with other requirements 
of the Office of Management and Budget Circular No. A-95 (as revised).
    (d) The Project Agreement will follow approval of the Application 
for Federal Assistance by the Secretary. The mutual obligations by the 
cooperating agencies will be shown in this agreement executed between 
the State and the Secretary. An agreement shall cover the financing 
proposed in one project segment and the work items described in the 
documents supporting it.
    (e) The form and content for both the Application for Federal 
Assistance and the Project Agreement are provided in the Federal Aid 
Manual.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979]



Sec.81.7  Availability of funds.

    Funds allocated to a State are available for obligation during the 
fiscal year for which they are allocated and until the close of the 
succeeding fiscal year. For the purpose of this section, obligation of 
allocated funds occurs when a Project Agreement is signed by the 
Secretary, or his authorized representative, attesting to his approval.



Sec.81.8  Payments.

    The payment of the Federal share of costs incurred in the conduct of 
activities included under a Project Agreement shall be in accordance 
with Treasury Circular 1075.
    (a) Federal payments under the Act shall not exceed 75 percent of 
the program costs as stated in the agreement; except, the Federal share 
may be increased to 90 percent when two or more States having a common 
interest in one or more endangered or threatened species, the 
conservation of which may be enhanced by cooperation of such States, 
enter jointly into an agreement with the Secretary.
    (b) The State share of program costs may be in the form of cash or 
in-kind contributions, including real property, subject to standards 
established by the Secretary as provided in Office of Management and 
Budget Circular A-102.
    (c) Payments under the Endangered Species Act, including such 
preliminary costs and expenses as may be incurred in connection with 
projects, shall not be made unless all documents that may be necessary 
or required in the administration of this Act shall have first been 
submitted to and approved by the Secretary. Payments shall be made for 
expenditures reported and certified by the State agencies. Payments 
shall be made only to the State office or official designated by the 
State agency and authorized under the laws of the State to receive 
public funds of the State.
    (d) Vouchers and forms provided by the Secretary and certified as 
therein prescribed, showing amounts expended and the amount of Federal 
Aid funds 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

[[Page 627]]

Federal laws, regulations, and requirements as they relate to the 
application, acceptance, and use of Federal funds for projects under the 
Act in accordance with Office of Management and Budget Circular A-102.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979]



Sec.81.10  Submission of documents.

    Papers and documents required by the Act or by regulations in this 
part shall be deemed submitted to the Secretary from the date of receipt 
by the Director of the U.S. Fish and Wildlife Service.



Sec.81.11  Divergent opinions over project merits.

    Any difference of opinion about the substantiality of a proposed 
project or appraised value of land to be acquired are considered by 
qualified representatives of the Secretary and the State. Final 
determination in the event of continued disagreement rests with the 
Secretary.



Sec.81.12  Contracts.

    The State may use its own regulations in obtaining services 
providing that they adhere to Federal laws and the requirements provided 
by Office of Management and Budget Circular A-102. The State is the 
responsible authority without recourse to the Secretary regarding 
settlement of contractual issues.

[40 FR 47509, Oct. 9, 1975, as amended at 44 FR 31581, May 31, 1979]



Sec.81.13  Inspection.

    Supervision of each project by the State shall include adequate and 
continuous inspection. The project will be subject to periodic Federal 
inspection.



Sec.81.14  Comprehensive plan alternative.

    In the event that the State elects to operate under a comprehensive 
fish and wildlife resource planning system, the Cooperative Agreement 
will be an attachment to the plan. No Application for Federal Assistance 
will be required since the documentation will be incorporated in the 
plan. However, the continued existence of the comprehensive plan, and 
Federal financing thereunder, will be contingent upon the continued 
existence of the Cooperative Agreement described in Sec.81.3, above.



Sec.81.15  Audits.

    The State is required to conduct an audit at least every two years 
in accordance with the provisions of Attachment P of OMB Circular A-102. 
Failure to conduct audits as required may result in withholding of grant 
payments or such other sanctions as the Secretary may deem appropriate.

[49 FR 30074, July 26, 1984]



PART 82_ADMINISTRATIVE PROCEDURES FOR GRANTS-IN-AID 
(MARINE MAMMAL PROTECTION ACT OF 1972)--Table of Contents



                         Subpart A_Introduction

Sec.
82.1 Scope of regulations.
82.2 Purpose of regulations.
82.3 Supplementary information and procedures.
82.4 Authority.
82.5 Definitions.

                    Subpart B_Application for Grants

82.6 Submission of proposals.
82.7 Coordination with States.

                        Subpart C_Administration

82.8 Prosecution of work.
82.9 General information for the Secretary.
82.10 Payments to grantee.
82.11 Forms of vouchers.
82.12 Permit requirements.
82.13 Ownership of property.
82.14 Inspection and audit.
82.15 Record retention.
82.16 Reporting.
82.17 Procurement.
82.18 Officials not to benefit.
82.19 Patents and inventions.
82.20 Civil rights.
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

[[Page 628]]

Secretary in section 1380 of the Marine Mammal Protection Act, 16 U.S.C. 
1361-1407 (Supp. II 1972), to provide procedures for the submission and 
review of applications and the award and administration of research 
grants, or other forms of financial assistance, to Federal or state 
agencies, public or private institutions, or other persons including any 
foreign governments for research relevant to the protection and 
conservation of marine mammals.



Sec.82.2  Purpose of regulations.

    The Marine Mammal Protection Act of 1972 (Pub. L. 92-552) authorizes 
appropriations, and confers authority upon the Secretary, subject to 
such terms and conditions as he deems necessary, and after review by the 
Marine Mammal Commission, to make grants, or provide other forms of 
financial assistance, for the purpose of undertaking research relevant 
to the protection and conservation of marine mammals. Research initiated 
pursuant to this authorization is to be directed toward increasing the 
available knowledge of the ecology and population dynamics of marine 
mammals and of the factors which bear upon their ability to reproduce 
themselves successfully, which information may be used for the purposes 
of increasing and maintaining the number of animals within species and 
populations of marine mammals at the optimum carrying capacity of their 
habitat.



Sec.82.3  Supplementary information and procedures.

    The regulations in this part are intended to provide for the maximum 
flexiblity and simplicity in the application and award of grants or 
other financial assistance and the minimum amount of Federal control in 
the conduct of the research and supervision of Federal funds, consistent 
with the anticipated level of appropriated funds and demand for such 
funds. With respect to grants to state or local governments these 
regulations are intended to implement and be read as consistent with 
Federal Management Circular 74-7, ``Uniform Administrative Requirements 
for Grants-in-Aid to State and Local Governments,'' (FMC 74-7) 34 CFR 
part 256, 39 FR 35787-35796, October 4, 1974, unless specifically noted 
otherwise. The standards and procedures set forth therein, and other 
referenced Federal management circulars, will, to the extent practical, 
govern other forms of financial assistance to state and local 
governments, public and private institutions and persons as well as 
grants to such institutions and persons. Other Federal regulations and 
sources of guidance potential applicants may find worthwhile to consult 
for information which may be helpful in applying and implementing 
research grants or other financial assistance under these regulations 
include: 34 CFR part 211, Cost Sharing on Federal Research (FMC 73-3); 
34 CFR part 251, Audit of Federal Operations and Programs by Executive 
Branch Agencies, superseding OMB Circular No. A-73, dated August 4, 
1965; 34 CFR part 252, Coordinating Indirect Cost Rates and Audit at 
Educational Institutions, (FMC 73-6); 34 CFR part 253, Administration of 
College and University Grants (FMC 73-7); 34 CFR part 254, Cost 
Principles for Educational Institutions (FMC 73-8); FMC 74-4, Cost 
Principles under Grants to State and Local Governments.



Sec.82.4  Authority.

    The Secretary of the Interior has delegated to the Director, Fish 
and Wildlife Service, his authority under the Marine Mammal Protection 
Act to enter into grants or other forms of financial assistance for 
research relevant to the protection and conservation of marine mammals 
covered by the Act excluding the order Cetacea and members, other than 
walruses, of the order Pinnipedia.



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,

[[Page 629]]

the totality of which constitutes the legally binding instrument between 
the Secretary and the grantee.
    (c) Grantee means (1) any private person or entity, or (2) any 
officer, employee, agent, department, or instrumentality of the Federal 
Government, or any state or political subdivision thereof or any foreign 
government, participating in a cooperative agreement with the Secretary.
    (d) Marine Mammal means any specimen of the following species, 
whether alive or dead, or any part thereof, including but not limited 
to, any raw, dressed, or dyed fur or skin:

------------------------------------------------------------------------
              Scientific name                        Common name
------------------------------------------------------------------------
Ursus maritimus...........................  Polar bear.
Enhydra lutris............................  Sea Otter.
Odobenus rosmarus.........................  Walrus.
Dugong dugong.............................  Dugong.
Trichechus inunquis.......................  West Indian manatee.
Trichechus manatus........................  West African manatee.
Trichechus senegalensis...................  Amazonian manatee.
------------------------------------------------------------------------
Note: Common names given may be at variance with local usage; they are
  not required to be provided by the Act, and they have no legal
  significance.

    (e) Non-Federal interest means any organization, association, 
institution, business, school, individual or group of individuals, state 
agency, municipality, or others outside the Federal Government which 
desires to participate within the terms of the Act.
    (f) Project means any program for which an Application for Federal 
Assistance and a cooperative agreement have been approved and which 
provides for research in subjects which are relevant to the protection 
and conservation of marine mammals.
    (g) Secretary means the Secretary of the Interior or his delegated 
representative.
    (h) State means the several states, the District of Columbia, the 
Commonwealth of Puerto Rico, the Canal Zone, the possessions of the 
United States, and the Trust Territory of the Pacific Islands.
    (i) State agency means any department(s), commission(s), or 
officials(s), of a state empowered under its laws to administer the 
state program for marine mammals.



                    Subpart B_Application for Grants



Sec.82.6  Submission of proposals.

    (a) Preapplication forms may be submitted by any potential grantee 
in order to (1) establish communication between the Fish and Wildlife 
Service and the applicant; (2) to determine the applicant's eligibility; 
(3) determine how well the project can compete with applications from 
others; and (4) eliminate any proposals which have little or no chance 
for Federal funding before the applicant incurs significant expenditures 
for preparing an application. A notice of review action will be sent to 
the applicant within 45 days of the receipt of the preapplication form 
informing the applicant of the results of the review of the 
preapplication form. If the review cannot be completed within 45 days, 
the applicant will be informed by letter as to when the review will be 
completed.
    (b) An Application for Federal Assistance for non-construction shall 
be submitted by all applicants for grants, however, an Application for 
Federal Assistance--Short Form may be utilized for single purpose and 
one-time grant applications for less than $10,000 not requiring clearing 
house approval, an environmental impact statement, or the relocation of 
persons, businesses, or farms.
    (c) Copies of the applications described in paragraphs (a) and (b) 
of this section may be obtained from the Federal Aid Coordinator, State 
Fish and Game Agency, and the Director, U.S. Fish and Wildlife 
(Attention: Division of Cooperative Research), Washington, DC 20240. An 
original and two copies of the appropriate application forms should be 
submitted to the Director at this address. In order to allow sufficient 
time for processing, the Federal 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

[[Page 630]]

state, the Secretary shall not enter into an agreement with a non-
Federal interest other than a State without first consulting with the 
State agency.



                        Subpart C_Administration



Sec.82.8  Prosecution of work.

    (a) The grantee shall pursue the agreed-upon objectives 
expeditiously, adhering to the procedures set forth in the Cooperative 
Agreement. Failure to do so or failure to provide timely and adequate 
reports shall be cause for the Secretary to withhold further 
reimbursements to the grantee until project commitments are 
satisfactorily met. All further disbursement of funds under the 
cooperative agreement may be terminated upon determination by the 
Secretary that satisfactory progress has not been maintained.
    (b) All work shall be performed in accordance with applicable 
Federal, state, and local laws, including safety, health and sanitation 
laws, except that when state and local laws are in conflict with Federal 
laws or regulations, such Federal laws or regulations shall prevail.



Sec.82.9  General information for the Secretary.

    Before any Federal funds may be obligated for any project the 
grantee shall furnish to the Director such information regarding the 
authority of the grantee to participate in the benefits of the Act, such 
information of the type described in FMC 74-7 Attachment G, concerning 
the system to be used by the grantee for the financial management of 
grant funds, the state laws affecting marine mammals, and such other 
information as the Director may request.
    (a) Document signature. The Application for Federal Assistance and 
the Cooperative Agreement must bear the signature of an official who is 
legally authorized to commit the prospective grantee to expediture of 
funds. The Secretary may, from time to time, request, and grantee shall 
furnish, information relating to the administration and maintenance of 
any project established under the Act.
    (b) [Reserved]



Sec.82.10  Payments to grantee.

    Payments may be requested by the grantee at intervals of not less 
than 30 days as work described in the cooperative agreement progresses.



Sec.82.11  Forms of vouchers.

    Vouchers, on forms provided by the Secretary, showing amounts 
expended on each project, and the Federal portion claimed to be due on 
account thereof, shall be certified and submitted to the Director by the 
grantee.



Sec.82.12  Permit requirements.

    No work shall commence on a proposal funded under the provisions of 
16 U.S.C. 1380 until all appropriate State and Federal permits have been 
applied for and issued.



Sec.82.13  Ownership of property.

    When property is acquired pursuant to the provisions of the Act, 
title to such property or interests therein shall be vested in the 
grantee as long as the property is used for the authorized purpose. When 
the property is no longer needed for such purpose, the Director and the 
grantee shall mutually agree regarding the assignment of title and any 
compensations consistent with the terms of Federal Management Circular 
74-7 or other appropriate referenced Federal Management Circulars cited 
in Sec.82.3 of this part.



Sec.82.14  Inspection and audit.

    (a) Supervision of each project shall be as specified in the initial 
cooperative agreement and shall include adequate and continuous 
inspection by the grantee. The project will be subject at all reasonable 
times to Federal inspection. The Director and the Comptroller General of 
the United States, or their 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

[[Page 631]]

to conduct audits as required may result in withholding of grant 
payments of such other sanctions as the Secretary may deem appropriate.

[40 FR 23281, May 29, 1975, as amended at 49 FR 30074, July 26, 1984]



Sec.82.15  Record retention.

    All records of accounts, and reports, with supporting documentation 
thereto, will be maintained by the grantee for a period of three years 
after submission of the final expenditure report, with the 
qualifications stated in FMC 74-7, Attachment C, paragraph 1.



Sec.82.16  Reporting.

    Performance reports and other specified reports shall be submitted 
to the Secretary by the grantee in accordance with requirements 
prescribed by FMC 74-7 or other appropriate referenced Federal 
Management Circulars cited in Sec.82.3 of this part.



Sec.82.17  Procurement.

    Grantees may use their own procurement regulations which reflect 
applicable State and local laws, rules, and regulations, provided that 
procurements made with funds under the Act adhere to the standards set 
forth in FMC 74-7 or other appropriate referenced Federal Management 
Circulars cited in Sec.82.3 of this part.



Sec.82.18  Officials not to benefit.

    No member of, or delegate to, Congress, or Resident Commissioner, 
shall be admitted to any share or any part of an agreement, or to any 
benefit that may arise therefrom; but this provision shall not be 
construed to extend to an agreement made with a corporation for its 
general benefit.



Sec.82.19  Patents and inventions.

    Determination of the patent rights in any inventions or discoveries 
resulting from work under cooperative agreements entered into pursuant 
to the Act shall be governed by the ``Government Patent Policy,'' 
President's Memorandum for Heads of Executive Departments and Agencies, 
August 23, 1971, and statement of government patent policy as printed in 
36 FR 16889.



Sec.82.20  Civil rights.

    Each cooperative agreement shall be supported by a statement of 
assurance executed by the grantee providing that the project will be 
carried out in accordance with title VI, non-discrimination in federally 
assisted programs, of the Civil Rights Act of 1964, 42 U.S.C. 2000d-
2000d-4, and with the Secretary's regulations promulgated thereunder, 43 
CFR part 17.



Sec.82.21  Copyrights.

    Where research conducted under a grant issued pursuant to this part 
results in a book or other copyrightable material, the author or 
grantee, subject to the terms of the Cooperative Agreement, is 
encouraged to publish the work, but the Department of the Interior 
reserves a royalty free, nonexclusive and irrevocable license to 
reproduce, publish, or otherwise use, and to authorize others to use the 
work for Government purposes. Any publication by the grantee must bear 
in an appropriate place an acknowledgment of grant support under the 
Marine Mammal Act from the Department of the Interior. In addition, any 
publication must include a statement that the findings, conclusions, 
etc., do not necessarily represent the views of the Department of the 
Interior. At least two copies of any printed publications must be 
furnished to the U.S. Fish and Wildlife Service.

                           PART 83 [RESERVED]



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?

[[Page 632]]

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?
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.)

[[Page 633]]

    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 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

[[Page 634]]

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 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;

[[Page 635]]

    (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 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 Wildlife and Sport Fish Restoration 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

[[Page 636]]

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 Wildlife and Sport Fish 
Restoration to encourage State participation in this process.
    (3) Send your proposal to ``Regional Director (Attention: Wildlife 
and Sport Fish Restoration)'' at the address of the appropriate regional 
office, as provided at 50 CFR 2.2.
    (b) The Program operates on an annual cycle. Regional Wildlife and 
Sport Fish Restoration 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.

[67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013]



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 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)

[[Page 637]]

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 Wildlife and Sport Fish 
Restoration 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 Headquarters.
    (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 Wildlife and Sport Fish Restoration Office sends the proposal 
to the National Wildlife and Sport Fish Restoration 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.

[67 FR 49267, July 30, 2002, as amended at 78 FR 35152, June 12, 2013]



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 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

[[Page 638]]

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 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

[[Page 639]]

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 (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)

[[Page 640]]

    (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 points 
unless the applicant can be shown that significant contamination would 
have occurred otherwise. (Up to 5 points)

[[Page 641]]

    (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.

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


[[Page 642]]


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 643]]



         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 644]]

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 645]]

    (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 Wildlife and Sport Fish Restoration 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.

[67 FR 49267, July 30, 2002, as amended at 78 FR 35153, June 12, 2013]

[[Page 646]]



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 Headquarters 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 Headquarters. 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.

[67 FR 49267, July 30, 2002, as amended at 78 FR 35153, June 12, 2013]



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,

[[Page 647]]

Code of Federal Regulations, as in effect on January 1, 1991), of less 
than one.
    Costal waters. In the Great Lakes area, the waters within the 
territorial jurisdiction of the United States consisting of the Great 
lakes, their connecting waters, harbors, roadsteads, and estuary-type 
areas such as bays, shallows, and marshes. In other areas, those waters, 
adjacent to the shorelines, which contain a measurable percentage of sea 
water, including sounds, bays, lagoons, bayous, ponds, and estuaries.
    Coastal zone. Coastal zone has the same meaning that the term has in 
section 304(1) of the Coastal Zone Management Act of 1992 (16 U.S.C. 
1453(1)). The coastal zone consists of coastal waters (including the 
lands therein and thereunder) and the adjacent shorelands, including 
islands, transitional and intertidal areas, salt marshes, wetlands, and 
beaches. The zone extends, in Great Lakes waters, to the international 
boundary between the United States and Canada and, in other areas, 
seaward to the outer limit of the United States territorial sea. The 
zone extends inland from the shorelines only to the extent necessary to 
control shorelands and protect coastal waters.
    Construction. Activities which produce new capital improvements and 
increase the value of usefulness of existing property.
    Dump station. A facility specifically designed to receive sewage 
from portable toilets carried on vessels. Dump stations do not include 
lavatories or restrooms.
    Education/information. The education/information program, as 
identified in the technical guidelines as published in the Federal 
Register, designed to make recreational boaters aware of the 
environmental pollution problem resulting from sewage discharges from 
vessels and inform them of the location of pumpout and dump stations.
    Eligible applicant. An agency of a State designated by the Governor.
    Equitable fees. The maximum charge per pumpout is $5.00. Price 
modifications and discounts are subject to State/Federal laws concerning 
pricing.
    Facility. A pumpout station or dump station.
    Facility open to the public. (1) A Clean Vessel Act facility that is 
open and available to the public is one where the public has full and 
reasonable access to the pumpout/dump station, including:
    (i) Provision of signage visible from the water to direct boaters to 
pumpout/dump stations;
    (ii) Location of pumpouts to facilitate ease of use by all boats 
typical to that particular marina;
    (iii) Equitable fees; and
    (iv) Reasonable open periods.
    (2) To be eligible for funding under this program, both public and 
private facilities must be open to the public.
    Grant. An award of financial assistance, including cooperative 
agreements, in the form of money, or property in lieu of money, by the 
Federal Government to an eligible grantee.
    Inland State. A State which is not a coastal State. The District of 
Columbia, American Samoa and Alaska are included as inland States 
(Rationale for Samoa and Alaska being inland States can be found in 
Sec.85.11(b) above).
    Maintenance. Those activities necessary for upkeep of a facility. 
These are activities that allow the facility to function and include 
routine recurring custodial maintenance such as housekeeping and minor 
repairs as well as the supplies, materials, and tools necessary to carry 
out the work. Also included is non-routine cyclical maintenance to keep 
facilities fully functional.
    Operation. Those activities necessary for the functioning of a 
facility to produce desired results. These are activities that make the 
facility work.
    Plans. Those plans identified in the technical guidelines as 
published in the 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

[[Page 648]]

    (3) Yacht or boating clubs, whether they are open to the public or 
members-only facilities.
    Public facilities. Public facilities include municipal, county, port 
authority, State and Federal marinas, docks, etc., operated by those 
agencies.
    Pumpout station. A facility that pumps or receives sewage from a 
type III marine sanitation device (holding tank) installed on board 
vessels.
    Reasonable open periods. This part does not specify hours, days and 
seasons, however, some suggested examples, provided no other factors are 
involved, are presented:
    (1) Pumpout/dump stations may be open during the same period the 
fuel docks are normally open.
    (2) Pumpout stations may be open when the marina is open and staff 
is present to pump out boats.
    (3) Pumpout/dump stations may be open during the hours considered to 
be normal marina business hours as adjusted by seasonal differences.
    Recreational vessel. Watercraft manufactured for operation, or 
operated, primarily for pleasure. This term includes any watercraft 
leased, rented, or chartered to another for the latter's pleasure.
    Renovation. Major rehabilitation of a facility to restore it to its 
original intended purpose.
    Surveys. Those surveys identified in the technical guidelines as 
published in the Federal Register. Surveys are designed to determine the 
number and location of all operational pumpout and dump stations at 
public and private marinas, mooring areas, docks, and other boating 
access facilities within the coastal zone. Surveys also are designed to 
determine the number of recreational vessels in coastal waters with 
holding tanks or portable toilets, and the areas of coastal waters where 
those vessels congregate.
    Type III marine sanitation device (holding tank). Any equipment for 
installation on board a vessel which is specifically designed to 
receive, retain, and discharge sewage.

[59 FR 11206, Mar. 10, 1994, as amended at 62 FR 45348, Aug. 27, 1997]



Sec.85.12  Information collection, recordkeeping, and reporting 
requirements.

    (a) The information collection requirements for this grant program, 
except for surveys, are those necessary to comply with 43 CFR 12 which 
include a narrative statement as identified in 85.22 Grant Proposals. 
The collection of survey information contained in this rule was approved 
by the Office of Management and Budget as required by 44 U.S.C. 3501 et 
seq., October 18, 1993, OMB No. 1018-0086, expiration date September 30, 
1996.
    (b) Record keeping requirements include the tracking of costs and 
accomplishments related to the grant as required by 43 CFR 12.60, 
monitoring and reporting program performance (43 CFR 12.80), and 
financial reporting (43 CFR 12.81).
    (c) Reporting requirements include retention and access requirements 
as required by 43 CFR 12.82.



                    Subpart B_Application for Grants



Sec.85.20  Eligible activities.

    (a) Eligible grant activities--coastal States:
    (1) Eligible activities include identification in the coastal zone 
of all operational pumpout and dump stations, and surveys of 
recreational vessels in coastal waters with holding tanks or portable 
toilets, and the areas where those vessels congregate. Also eligible are 
costs of developing a list, including chart coordinates, of all 
operational pumpout and dump stations in the coastal zone of the State, 
for submission to the Fish and Wildlife Service.
    (2) Plans for construction and renovation of pumpout and dump 
stations in the coastal zone of the State necessary to ensure that these 
stations are 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

[[Page 649]]

resulting from sewage discharges from vessels and to inform them of the 
location of pumpout and dump stations.
    (2) Eligible grant activities include the construction, renovation, 
operation and maintenance of pumpout and dump stations, including 
floating restrooms in the water, not connected to land or structures 
connected to the land, used solely by boaters. Eligible grant activities 
also include any activity necessary to hold and transport sewage to 
sewage treatment plants, such as holding tanks, piping, haulage costs, 
and any activity necessary to get sewage treatment plants to accept 
sewage, such as installing bleed-in facilities.
    (c) Ineligible activities:
    (1) Activities that do not provide public benefits.
    (2) Enforcement activities.
    (3) Construction/renovation of upland restroom facilities.
    (4) Construction, renovation, operation and maintenance of on-site 
sewage treatment plants, such as package treatment plants and septic 
systems, and of municipal sewage treatment plants for primary and 
secondary treatment.



Sec.85.21  Application procedures.

    (a) Eligible applicants will submit their proposals to the 
appropriate regional office of the U.S. Fish and Wildlife Service. 
Coastal States submitting proposals for both the coastal zone and the 
inland portion of their States must submit two separate proposals. The 
regional office addresses are provided at 50 CFR 2.2. Telephone and fax 
numbers of the regional offices follow:

------------------------------------------------------------------------
                                           Wildlife and
                                            sport fish     Wildlife and
                 Region                     restoration     sport fish
                                             telephone      restoration
                                              number        fax number
------------------------------------------------------------------------
1.......................................    503-231-6128    503-231-6996
2.......................................    505-248-7465    505-248-7471
3.......................................    612-713-5130    612-713-5290
4.......................................    404-679-4159    404-679-4160
5.......................................    413-253-8508    413-253-8487
6.......................................    303-236-4411    303-236-8192
7.......................................    907-786-3545    907-786-3575
8.......................................    916-414-6509    916-978-6155
------------------------------------------------------------------------


    (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; 
78 FR 35153, June 12, 2013]



Sec.85.22  Grant proposals.

    Grant proposals will consist of a narrative which identifies and 
describes the following:
    (a) The need within the purposes of the Act (Coastal States with 
approved plans should indicate how the activities contained in the 
proposal implements the plan);
    (b) Discrete objective(s) to be accomplished during a specified time 
period that address the need(s);
    (c) Expected results or benefits from accomplishing the objectives, 
including the numbers of recreational vessels and people served;
    (d) The approach to be used in meeting the objectives, including 
specific procedures, schedules, key personnel, cooperators, grant 
location, innovative 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;

[[Page 650]]

    (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, Wildlife and Sport Fish Restoration 
programs, will convene a ranking panel of Federal employees, to include 
representatives from the Service's Headquarters of the Wildlife and 
Sport Fish Restoration programs, 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.

[59 FR 11206, Mar. 10, 1994, as amended at 78 FR 35153, June 12, 2013]



             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.
    (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

[[Page 651]]

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, 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:

[[Page 652]]

[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 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.

[[Page 653]]

    (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 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.

[[Page 654]]



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 80.99 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 
80.99. Display includes on pumpout and portable toilet dump stations 
that grantees acquire, develop, operate or maintain by these grants, or 
on printed material or other visual representations relating to project 
accomplishments or education/information. Display the logo in the 
appropriate location, according to Sec.85.43(e). Symbol or logo size 
may vary. However, if your reduce or enlarge the symbol, maintain the 
same proportions. Recipients may require sub-recipients to display the 
logo.
    (c) Other display of logo. Other persons or organizations may use 
the logo for purposes related to the Wildlife and Sport Fish Restoration 
Clean Vessel Act program as authorized in 50 CFR 80.99.
    (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.

[[Page 655]]

    (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, as amended at 78 FR 35153, June 12, 2013]



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 PROGRAM--Table of Contents



                            Subpart A_General

Sec.
86.1 What does this part do?
86.2 What is the purpose of BIG?
86.3 What terms do I need to know?

                      Subpart B_Program Eligibility

86.10 Who may apply for a BIG grant?
86.11 What actions are eligible for funding?
86.12 What types of construction and services does boating 
          infrastructure include?
86.13 What operational and design features must a facility have where a 
          BIG-funded facility is located?
86.14 How can I receive BIG funds for facility maintenance?
86.15 How can dredging qualify as an eligible action?
86.16 What actions are ineligible for BIG funding?
86.17 Who must own the site of a BIG-funded facility?
86.18 How can I ensure that a BIG-funded facility continues to serve its 
          intended purpose for its useful life?
86.19 What if a BIG-funded facility would benefit both eligible and 
          ineligible users?

                    Subpart C_Federal Funds and Match

86.30 What is the source of BIG funds?
86.31 How does the Service know how much money will be available for BIG 
          grants each year?
86.32 What are the match requirements?
86.33 What information must I give on match commitments, and where do I 
          give it?
86.34 What if a partner is not willing or able to follow through on a 
          match commitment?

                    Subpart D_Application for a Grant

86.40 What are the differences between BIG Tier 1--State grants and BIG 
          Tier 2--National grants?
86.41 How do I apply for a grant?
86.42 What do I have to include in a grant application?
86.43 What information must I put in the project statement?
86.44 What if I need more than the maximum Federal share and required 
          match to complete my BIG-funded project?
86.45 If the Service does not select my grant application for funding, 
          can I apply for the same project the following year?
86.46 What changes can I make in a grant application after I submit it?

                       Subpart E_Project Selection

86.50 Who ranks BIG Tier 2--National grant applications?
86.51 What criteria does the Service use to evaluate BIG Tier 2--
          National applications?
86.52 What does the Service consider when evaluating a project on the 
          need for more or improved boating infrastructure?
86.53 What factors does the Service consider for benefits to eligible 
          users that justify the cost?
86.54 What does the Service consider when evaluating a project on boater 
          access to

[[Page 656]]

          significant destinations and services that support transient 
          boater travel?
86.55 What does the Service consider as a partner for the purposes of 
          these ranking criteria?
86.56 What does the Service consider when evaluating a project that 
          includes more than the minimum match?
86.57 What does the Service consider when evaluating contributions that 
          a partner brings to a project?
86.58 What does the Service consider when evaluating a project for a 
          physical component, technology, or technique that will improve 
          eligible user access?
86.59 What does the Service consider when evaluating a project for 
          innovative physical components, technology, or techniques that 
          improve the BIG project?
86.60 What does the Service consider when evaluating a project for 
          demonstrating a commitment to environmental compliance, 
          sustainability, and stewardship?
86.61 What happens after the Director approves projects for funding?

                     Subpart F_Grant Administration

86.70 What standards must I follow when constructing a BIG-funded 
          facility?
86.71 How much time do I have to complete the work funded by a BIG 
          grant?
86.72 What if I cannot complete the project during the period of 
          performance?
86.73 How long must I operate and maintain a BIG-funded facility, and 
          who is responsible for the cost of facility operation and 
          maintenance?
86.74 How do I determine the useful life of a BIG-funded facility?
86.75 How should I credit BIG?
86.76 How can I use the logo for BIG?
86.77 How must I treat program income?
86.78 How must I treat income earned after the period of performance?

              Subpart G_Facility Operations and Maintenance

86.90 How much must an operator of a BIG-funded facility charge for 
          using the facility?
86.91 May an operator of a BIG-funded facility increase or decrease user 
          fees during its useful life?
86.92 Must an operator of a BIG-funded facility allow public access?
86.93 May I prohibit overnight use by eligible vessels at a BIG-funded 
          facility?
86.94 Must I give information to eligible users and the public about 
          BIG-funded facilities?

                     Subpart H_Revisions and Appeals

86.100 Can I change the information in a grant application after I 
          receive a grant?
86.101 How do I ask for a revision of a grant?
86.102 Can I appeal a decision?
86.103 Can the Director authorize an exception to this part?

                    Subpart I_Information Collection

86.110 What are the information-collection requirements of this part?

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

    Source: 80 FR 26161, May 6, 2015, unless otherwise noted.



                            Subpart A_General



Sec.86.1  What does this part do?

    (a) This part tells States how they may apply for and receive grants 
from the Boating Infrastructure Grant program (BIG) Tier 1-State and 
Tier 2-National subprograms. Section 86.40 describes the differences 
between these two subprograms.
    (b) The terms you, your, and I refer to a State agency that applies 
for or receives a BIG grant. You may also apply to a subgrantee with 
which a State agency has a formal agreement to construct, operate, or 
maintain a BIG-funded facility.
    (c) The terms we, us, and our refer to the U.S. Fish and Wildlife 
Service.



Sec.86.2  What is the purpose of BIG?

    The purpose of BIG is to construct, renovate, and maintain boating 
infrastructure facilities for transient recreational vessels at least 26 
feet long.



Sec.86.3  What terms do I need to know?

    For the purposes of this part, we define these terms:
    BIG-funded facility means only the part of a facility that we fund 
through a BIG grant.
    Boating infrastructure means all of the structures, equipment, 
accessories, and services that are necessary or desirable for a facility 
to accommodate eligible vessels. See Sec.86.12 for examples of boating 
infrastructure.
    Capital improvement means:
    (1) A new structure that costs at least $25,000 to build; or
    (2) Altering, renovating, or repairing an existing structure if it 
increases the structure's useful life by 10 years or if it costs at 
least $25,000.

[[Page 657]]

    Concessioner means an entity with which a State has a written 
agreement to operate or manage a BIG-funded facility. The agreement with 
a concessioner may or may not involve a financial exchange. A 
concessioner is not a contractor or vendor. You pay a contractor or 
vendor to perform specific duties or supply specific materials according 
to a written contract. Concessioners, vendors, and contractors are not 
grant recipients.
    Construction means the act of building or significantly altering, 
renovating, or repairing a structure. Clearing and reshaping land and 
demolishing structures are types or phases of construction. Examples of 
structures are buildings, docks, piers, breakwaters, and slips.
    Director means:
    (1) The Director of the Fish and Wildlife Service whom the Secretary 
of the Interior has delegated authority to administer BIG nationally; or
    (2) A deputy or another person whom the Director has delegated 
authority over BIG.
    Eligible user means an operator or passenger of an eligible vessel.
    Eligible vessel means a transient recreational vessel at least 26 
feet long. The term includes vessels that are owned, loaned, rented, or 
chartered. The term does not include:
    (1) Commercial vessels;
    (2) Vessels that dock or operate permanently from the facility where 
a BIG-funded project is located; or
    (3) Vessels that receive payment to routinely transport passengers 
on a prescribed route, such as cruise ships, dive boats, and ferries.
    Facility means the structures, equipment, and operations that:
    (1) Provide services to boaters at one location; and
    (2) Are under the control of a single operator or business 
identified in the grant application.
    Grant means an approved award of money, the principal purpose of 
which is to transfer funds from a Federal awarding agency to the non-
Federal entity (grantee) to carry out an authorized public purpose and 
includes the matching cash and any matching in-kind contributions. The 
legal instrument used is a grant agreement.
    Grants.gov is a centralized location for States and other entities 
to find and apply for Federal funding. It is located at http://
www.grants.gov. We require States to use grants.gov, or any system that 
replaces it, to apply for BIG grants.
    Maintenance means keeping structures or equipment in a condition to 
serve the intended purpose. It includes cyclical or occasional actions 
to keep facilities fully functional. It does not include operational 
actions such as janitorial work. Examples of maintenance actions are:
    (1) Lubricating mechanical components of BIG-funded equipment;
    (2) Replacing minor components of a BIG-funded improvement, such as 
bolts, boards, and individual structural components; and
    (3) Painting, pressure washing, and repointing masonry.
    Marketing means an activity that promotes a business to interested 
customers for the financial benefit of the facility. It may include a 
plan for sales techniques and strategies, business communication, and 
business development. A business uses marketing to find, satisfy, and 
keep a customer.
    Match means the value of any cash or in-kind contributions required 
or volunteered to complete the BIG-funded facility that are not borne by 
the Federal Government, unless a Federal statute authorizes such match. 
Match must follow the criteria at 2 CFR 200.306(b).
    Navigable waters means waters that are deep and wide enough for the 
passage of eligible vessels within the water body.
    Operation means actions that allow a BIG-funded facility or parts of 
a BIG-funded facility to perform their function on a daily or frequent 
basis. Examples of operation are janitorial work, service workers, 
facility administration, utilities, rent, taxes, and insurance.
    Operator means an individual or entity that is responsible for 
operating a BIG-funded facility. An operator may be a grantee, a 
subgrantee, a concessioner, or another individual or entity that the 
grantee has an arrangement with to operate the BIG-funded facility.

[[Page 658]]

    Personal property means anything tangible or intangible that is not 
real property.
    Program income means gross income earned by the grantee or 
subgrantee that is directly generated by a grant-supported activity, or 
earned as a result of the grant, during the period of performance.
    Project means one or more related actions that are eligible for BIG 
funding, achieve specific goals and objectives of BIG, and in the case 
of construction, occur at only one facility.
    Project cost means total allowable costs incurred under BIG and 
includes Federal funds awarded through the BIG grant and all non-Federal 
funds given as the match or added to the Federal and matching shares to 
complete the BIG-funded project.
    Public communication means communicating with the public or news 
media about specific actions or achievements directly associated with 
BIG. The purpose is to inform the public about BIG-funded projects or 
the BIG program.
    Real property means one, several, or all interests, benefits, and 
rights inherent in owning a parcel of land. A parcel includes anything 
physically and firmly attached to it by a natural or human action. 
Examples of real property in this rule include fee and leasehold 
interests, easements, fixed docks, piers, permanent breakwaters, 
buildings, utilities, and fences.
    Regional Office means the main administrative office of one of the 
Service's geographic Regions in which a BIG-funded project is located. 
Each Regional Office has a:
    (1) Regional Director appointed by the Director to be the chief 
executive official of the Region and authorized to administer Service 
activities in the Region, except for those administered directly by the 
Service's Headquarters Office; and
    (2) Division of Wildlife and Sport Fish Restoration (WSFR) or its 
equivalent that administers BIG grants.
    Renovate means to rehabilitate all or part of a facility to restore 
it to its intended purpose or to expand its purpose to allow use by 
eligible vessels or eligible users.
    Scope of a project means the purpose, objectives, approach, and 
results or benefits expected, including the useful life of any capital 
improvement.
    Service means the U.S. Fish and Wildlife Service.
    State means any State of the United States, the Commonwealths of 
Puerto Rico and the Northern Mariana Islands, the District of Columbia, 
and the territories of Guam, the U.S. Virgin Islands, and American 
Samoa.
    Transient means travel to a single facility for day use or staying 
at a single facility for up to 15 days.
    Useful life means the period during which a BIG-funded capital 
improvement is capable of fulfilling its intended purpose with adequate 
routine care and maintenance. See Sec. Sec.86.73 and 86.74.



                      Subpart B_Program Eligibility



Sec.86.10  Who may apply for a BIG grant?

    One agency in each eligible State may apply for a BIG grant if 
authorized to do so by:
    (a) A statute or regulation of the eligible jurisdiction;
    (b) The Governor of the State, Commonwealth, or territory; or
    (c) The Mayor of the District of Columbia.



Sec.86.11  What actions are eligible for funding?

    (a) The following actions are eligible for BIG funding if they are 
for eligible users or eligible vessels:
    (1) Construct, renovate, or maintain publicly or privately owned 
boating infrastructure (see Sec.86.12) following the requirements at 
Sec.86.13. This may include limited repair or restoration of roads, 
parking lots, walkways, and other surface areas damaged as a direct 
result of BIG-funded construction.
    (2) Conduct actions necessary to construct boating infrastructure, 
such as:
    (i) Engineering, economic, environmental, historic, cultural, or 
feasibility studies or assessments; and
    (ii) Planning, permitting, and contracting.
    (3) Dredging a channel, boat basin, or other boat passage following 
the requirements at Sec.86.15.
    (4) Install navigational aids to give transient vessels safe passage 
between

[[Page 659]]

a facility and navigable channels or open water.
    (5) Produce information and education materials specific to BIG or a 
BIG-funded project and that credit BIG as a source of funding when 
appropriate. Examples of eligible actions include:
    (i) Locating BIG-funded facilities on charts and cruising guides;
    (ii) Creating Statewide or regional brochures telling boaters about 
BIG and directing them to BIG-funded facilities;
    (iii) Advertising a BIG-funded facility in print or electronic media 
with the emphasis on BIG, the BIG-funded facility, or services for 
eligible users, and not on marketing the marina as a whole;
    (iv) Marina newsletter articles, marina or agency Web pages, and 
other communications you produce that are directly related to the BIG-
funded project;
    (v) Giving boaters information and resources to help them find and 
use the BIG-funded facility; and
    (vi) Public communication.
    (6) Record the Federal interest in the real property.
    (7) Use BIG Tier 1--State grant awards to administer BIG Tier 1--
State and BIG Tier 2--National grants, or grant programs, Statewide. 
This includes coordinating and monitoring to ensure BIG-funded 
facilities are well-constructed, meet project objectives, and serve the 
intended purpose for their useful life; and to manage BIG grant 
performance or accomplishments.
    (b) You may ask your Regional Office to approve preaward costs for 
eligible actions. You incur preaward costs at your own risk, as we will 
only reimburse you for preaward costs we approved if you receive a 
grant.
    (c) Applicants may seek funding for installing pumpout facilities 
through the Clean Vessel Act Grant Program (CVA) instead of including 
the cost as part of a BIG grant application. A State may require a 
pumpout be funded through CVA, Catalog of Federal Domestic Assistance 
number 15.616.
    (d) Other actions may qualify for BIG funding, subject to our 
approval, if they achieve the purposes of BIG. We will describe actions 
we approve and how they are eligible for BIG funding in the full text of 
the annual Notice of Funding Opportunity (NOFO).



Sec.86.12  What types of construction and services does boating 
infrastructure include?

    Boating infrastructure may include:
    (a) Boat slips, piers, mooring buoys, floating docks, dinghy docks, 
day docks, and other structures for boats to tie-up and gain access to 
the shore or services.
    (b) Fuel stations, restrooms, showers, utilities, and other 
amenities for transient-boater convenience.
    (c) Lighting, communications, buoys, beacons, signals, markers, 
signs, and other means to support safe boating and give information to 
aid boaters.
    (d) Breakwaters, sea walls, and other physical improvements to allow 
an area to offer a harbor of safe refuge. A harbor of safe refuge is an 
area that gives eligible vessels protection from storms. To be a harbor 
of safe refuge, the facility must offer a place to secure eligible 
vessels and offer access to provisions and communication for eligible 
users.
    (e) Equipment and structures for collecting, disposing of, or 
recycling liquid or solid waste from eligible vessels or for eligible 
users.



Sec.86.13  What operational and design features must a facility have
where a BIG-funded facility is located?

    (a) At project completion, a facility where a BIG-funded facility is 
located must:
    (1) Be open to eligible users and operated and maintained for its 
intended purpose for its useful life;
    (2) Clearly designate eligible uses and inform the public of 
restrictions;
    (3) Offer security, safety, and service for eligible users and 
vessels;
    (4) Be accessible by eligible vessels on navigable waters;
    (5) Allow public access as described at Sec.86.92;
    (6) Have docking or mooring sites with water access at least 6 feet 
deep at the lowest tide or fluctuation, unless the facility qualifies 
under paragraph (c) of this section; and
    (7) Have an operational pumpout station if:

[[Page 660]]

    (i) Eligible vessels stay overnight; and
    (ii) Available pumpout service is not located within 2 nautical 
miles; or
    (iii) State or local laws require one on site.
    (b) We will waive the pumpout requirement if you show in the grant 
application the inability to install a pumpout.
    (1) We will review your request and will grant the waiver if you 
present circumstances that show:
    (i) A hardship due to lack of utilities or other difficult 
obstacles, such as a BIG-funded facility on an island with no power or a 
remote location where the equipment cannot be serviced or maintained 
regularly;
    (ii) State or local law does not allow septic-waste disposal 
facilities at the location;
    (iii) You are in the process of applying for a CVA grant for the 
same award year as the BIG grant to install a pumpout station as part of 
the BIG-funded facility; or
    (iv) You have received a CVA grant and will install a pumpout 
station as part of the BIG-funded facility on or before the time the 
BIG-funded facility is completed.
    (2) When we waive the pumpout requirement, the BIG-funded facility 
must inform boaters:
    (i) They are required to properly treat or dispose of septic waste; 
and
    (ii) Where they can find information that will direct them to nearby 
pumpout stations.
    (3) If we deny your request, we will follow the process described in 
the annual NOFO.
    (4) If you seek an allowance based on this paragraph, you must 
include supporting information in the grant application as described at 
Sec.86.43(n)(1).
    (c) We will allow water access at a depth less than 6 feet if you 
can show that the BIG-funded facility will serve its intended purpose 
for typical eligible users that visit that location.
    (d) Any of these design features may already be part of the 
facility, or be funded through another source, and need not be included 
as part of the BIG project.



Sec.86.14  How can I receive BIG funds for facility maintenance?

    (a) For BIG Tier 1--State and BIG Tier 2--National grants:
    (1) You may request BIG funds for facility maintenance only if you 
will complete the maintenance action during the period of performance.
    (2) You may apply user fees collected at the BIG-funded facility 
after the period of performance to the maintenance of the facility.
    (b) For BIG Tier 1--State grants:
    (1) You may request BIG funds for one-time or as-needed maintenance 
costs at any BIG-eligible facility as long as the costs are discrete and 
follow paragraph (a) of this section.
    (2) If you use BIG funds for maintenance at a facility that has 
received a BIG grant in the past, you must extend the useful life of 
each affected capital improvement accordingly.
    (3) States may limit or exclude BIG maintenance funding they make 
available to subgrantees.
    (c) For BIG Tier 2--National grants, you may request BIG funds for 
maintenance if it directly benefits eligible users and is directly 
related to the BIG project. You are responsible for all maintenance 
costs after the period of performance except as provided at paragraph 
(b) of this section.



Sec.86.15  How can dredging qualify as an eligible action?

    (a) Dredging in this part includes the physical action of removing 
sediment from the basin and any associated actions, such as engineering, 
permitting, dredge-material management, and other actions or costs that 
occur because of the dredging. Dredging can qualify as an eligible 
action under the grant only if the costs for the dredging-related 
actions do not exceed $200,000.
    (b) When you complete the project, the BIG-funded dredged area must:
    (1) Have navigable water depth to accommodate eligible vessels as 
described at Sec.86.13(a)(6);
    (2) Allow safe, accessible navigation by eligible vessels to, from, 
and within the BIG-funded facility; and
    (3) Allow eligible vessels to dock safely and securely at transient 
slips.
    (c) You must show in the grant application that:

[[Page 661]]

    (1) Dredging is needed to fulfill the purpose and objectives of the 
proposed project; and
    (2) You have allocated the dredging costs between the expected use 
by eligible vessels and ineligible vessels.
    (d) You certify by signing the grant application that you have 
enough resources to maintain the dredged area at the approved width and 
depth for the useful life of the BIG-funded facility, under typical 
conditions.



Sec.86.16  What actions are ineligible for BIG funding?

    (a) These actions or costs are ineligible for BIG funding:
    (1) Law enforcement.
    (2) Direct administration and operation of the facility, such as 
salaries, utilities, and janitorial duties. Janitorial duties may 
include:
    (i) Routine cleaning;
    (ii) Trash and litter collection and removal; and
    (iii) Restocking paper products.
    (3) Developing a State plan to construct, renovate, or maintain 
boating infrastructure.
    (4) Acquiring land or any interest in land.
    (5) Constructing, renovating, or maintaining roads or parking lots, 
except limited action as described at Sec.86.11(a)(1).
    (6) Constructing, renovating, or maintaining boating infrastructure 
for:
    (i) Shops, stores, food service, other retail businesses, or 
lodging;
    (ii) Facility administration or management, such as a harbormaster's 
or dockmaster's office; or
    (iii) Transportation, storage, or services for boats on dry land, 
such as dry docks, haul-outs, and boat maintenance and repair shops.
    (7) Purchasing or operating service boats to transport boaters to 
and from mooring areas.
    (8) Marketing. Examples of ineligible marketing actions include:
    (i) Giveaway items promoting the business or agency;
    (ii) General marina or agency newsletters or Web sites promoting the 
marina or agency;
    (iii) Exhibits at trade shows promoting anything other than the BIG-
funded facility; and
    (iv) Outreach efforts directed at the marina as a business or the 
agency as a whole and not focused on BIG or the BIG-funded facility.
    (9) Constructing, renovating, or maintaining boating infrastructure 
that does not:
    (i) Include design features as described at Sec.86.13;
    (ii) Serve eligible vessels or users; and
    (iii) Allow public access as described at Sec.86.92.
    (10) Purchase of supplies and other expendable personal property not 
directly related to achieving the project objectives.
    (b) Other activities may be ineligible for BIG funding if they are 
inconsistent with the:
    (1) Purpose of BIG; or
    (2) Applicable Cost Principles at 2 CFR part 200, subpart F.



Sec.86.17  Who must own the site of a BIG-funded facility?

    (a) You or another entity approved by us must own or have a legal 
right to operate the site of a BIG-funded facility. If you are not the 
owner, you must be able to show, before we approve your grant, that your 
contractual arrangements with the owner of the site will ensure that the 
owner will use the BIG-funded facility for its authorized purpose for 
its useful life.
    (b) Subgrantees or concessioners may be a local or tribal 
government, a nonprofit organization, a commercial enterprise, an 
institution of higher education, or a State agency other than the agency 
receiving the grant.
    (c) Subgrantees that are commercial enterprises are subject to 2 CFR 
part 200, subparts A through D, for grant administrative requirements.



Sec.86.18  How can I ensure that a BIG-funded facility continues to
serve its intended purpose for its useful life?

    (a) When you design and build your BIG-funded facility, you must 
consider the features, location, materials, and technology in reference 
to the geological, geographic, and climatic factors that may have an 
impact on its useful life.
    (b) You must record the Federal interest in real property that 
includes a

[[Page 662]]

BIG-funded capital improvement according to the assurances required in 
the grant application and guidance from the Regional WSFR Office.
    (c) If we direct you to do so, you must require that subgrantees 
record the Federal interest in real property that includes a BIG-funded 
capital improvement.
    (d) If we do not direct you to act as required by paragraph (c) of 
this section, you may require subgrantees to record the Federal interest 
in real property that includes a BIG-funded capital improvement.
    (e) You must state in your subaward that subgrantees must not alter 
the ownership, purpose, or use of the BIG-funded facility as described 
in the project statement without the approval of you and the WSFR 
Regional Office.
    (f) You may impose other requirements on subgrantees, as allowed by 
law, to reduce State liability for the BIG-funded facility. Examples are 
insurance, deed restrictions, and a security interest agreement, which 
uses subgrantee assets to secure performance under the grant.



Sec.86.19  What if a BIG-funded facility would benefit both eligible
and ineligible users?

    You may assign any share of the costs to the BIG grant only if the 
BIG-funded facility or a discrete element of the BIG-funded facility 
benefits only eligible users. If a cost does not exclusively benefit 
eligible users, you must allocate costs accordingly. A discrete element 
has a distinct purpose, such as a fuel station, pumpout facility, 
breakwater, or dock system.
    (a) You must clearly show and explain in the project statement:
    (1) The anticipated benefits of each project, discrete elements, and 
major components;
    (2) The breakdown of costs, as described at Sec.86.43(i), 
including the basis or method you use to allocate costs between eligible 
and ineligible users; and
    (3) Your reasoning in determining how to allocate costs, based on 
paragraphs (a) through (e) of this section and any other guidance in the 
annual NOFO.
    (b) After you submit the application, if we do not agree with your 
cost allocation using paragraph (a) of this section, we will contact 
you. We may ask you to clarify your information. If we do not agree that 
the allocation is equitable, we may negotiate an equitable allocation. 
We must be able to agree that you are appropriately allocating costs 
between eligible and ineligible users based on the expected use before 
we consider your application for award.
    (c) If a proposed BIG-funded facility, or a discrete element, minor 
component, or single action of the BIG-funded project, gives a secondary 
or minimal benefit to all users, we will not require you to allocate 
costs between eligible and ineligible users for that benefit. Examples 
of how we will apply this rule are:
    (1) The primary purpose is to benefit eligible users directly, with 
the secondary benefit for both eligible and ineligible users. You must 
clearly state the exclusive benefit to eligible users in your 
application. The secondary benefit cannot exclude eligible users from 
the primary purpose. For example, if you construct a dock system for 
exclusive use by eligible vessels and a secondary benefit of the dock 
system is protection of the marina from wave action, you would not have 
to allocate costs for the secondary benefit. However, the secondary 
benefit cannot be docking for ineligible vessels because it would 
exclude eligible users from the primary purpose.
    (2) The secondary benefit to ineligible users is not the primary 
purpose, is minimal, and you do not add special features to accommodate 
ineligible users. For example, you do not have to allocate costs between 
user groups for a gangway from the transient dock, designed exclusively 
for eligible users, even though it is accessible to the general public. 
However, if you construct the gangway to accommodate the expected 
ineligible users, then you must allocate costs between user groups.
    (3) The expected benefits to both eligible and ineligible users have 
minimal value. If the component has a value of .0025 percent or less 
than the maximum available Federal award plus required match, you do not 
have to allocate costs for that component. We will post the amount of 
the minimal value each year in the annual NOFO. For example,

[[Page 663]]

if the total maximum Federal award and required match for a BIG Tier 2--
National project is $2 million, you do not have to allocate costs 
between user groups for any discrete project element, component, or 
action with a value of $5,000 or less.
    (d) Examples of actions for which you must allocate costs between 
user groups are the following, unless paragraph (b) of this section 
applies:
    (1) You propose a 200-foot dock for eligible user tie-up spaces that 
you attach to the shore at a boat launch. It will attract ineligible use 
as a tie-up for boaters as they enter and exit the water. You must 
allocate costs between the expected eligible and ineligible use.
    (2) You propose a breakwater, fuel station, pumpout station, 
restroom, dredging, navigational aids, or other multiuse or multipurpose 
action.
    (e) Examples of actions for which you do not need to allocate costs 
between user groups are:
    (1) You propose to construct, renovate, or maintain docks 
specifically for eligible vessels.
    (2) You propose to produce information and educational materials 
specific to BIG.
    (f) You must clearly inform boaters when access by ineligible users 
is limited or restricted following the guidance at Sec.86.94.
    (g) We may ask you to clarify or change how you allocate costs in 
your grant application if they do not meet our standards. We may reject 
costs or applications that do not allocate costs between eligible and 
ineligible users according to the requirements of this section and the 
NOFO.



                    Subpart C_Federal Funds and Match



Sec.86.30  What is the source of BIG funds?

    (a) BIG receives Federal funding as a percentage of the annual 
revenues to the Sport Fish Restoration and Boating Trust Fund (Trust 
Fund) [26 U.S.C. 4161(a), 4162, 9503(c), and 9504].
    (b) The Trust Fund receives revenue from sources including:
    (1) Excise taxes paid by manufacturers on sportfishing equipment and 
electric outboard motors;
    (2) Fuel taxes attributable to motorboats and nonbusiness use of 
small-engine power equipment; and
    (3) Import duties on fishing tackle, yachts, and pleasure craft.



Sec.86.31  How does the Service know how much money will be available
for BIG grants each year?

    (a) We estimate funds available for BIG grants each year based on 
the revenue projected for the Trust Fund. We include this estimate when 
we issue a NOFO at http://www.grants.gov.
    (b) We calculate the actual amount of funds available for BIG grants 
based on tax collections, any funds carried over from previous fiscal 
years, and available unobligated BIG funds.



Sec.86.32  What are the match requirements?

    (a) The Act requires that you or another non-Federal partner must 
pay at least 25 percent of eligible and allowable BIG-funded facility 
costs. We must waive the first $200,000 of the required match for each 
grant to the Commonwealth of the Northern Mariana Islands and the 
territories of American Samoa, Guam, and the U.S. Virgin Islands (48 
U.S.C. 1469a).
    (b) Match may be cash contributed during the funding period or in-
kind contributions of personal property, structures, and services 
including volunteer labor, contributed during the period of performance.
    (c) Match must be:
    (1) Necessary and reasonable to achieve project objectives;
    (2) An eligible activity or cost;
    (3) From a non-Federal source, unless you show that a Federal 
statute authorizes the specific Federal source for use as match; and
    (4) Consistent with 2 CFR 200.29 and 200.306, and any other 
applicable sections of 2 CFR part 200. This includes any regulations or 
policies that replace or supplement 2 CFR part 200.
    (d) Match must not include:
    (1) An interest in land or water;
    (2) The value of any structure completed before the beginning of the 
period of performance, unless the Service

[[Page 664]]

approves the activity as a preaward cost;
    (3) Costs or in-kind contributions that have been or will be counted 
as satisfying the cost-sharing or match requirement of another Federal 
grant, a Federal cooperative agreement, or a Federal contract, unless 
authorized by Federal statute; or
    (4) Any funds received from another Federal source, unless 
authorized by Federal statute.



Sec.86.33  What information must I give on match commitments,
and where do I give it?

    (a) You must give information on the amount and the source of match 
for your proposed BIG-funded facility on the standard grant application 
form at http://www.grants.gov.
    (b) You must also give information on the match commitment by the 
State, a subgrantee, or other third party in the project statement under 
``Match and Other Contributions.''
    (c) In giving the information required at paragraph (b) of this 
section, you must:
    (1) State the amount of matching cash;
    (2) Describe any matching in-kind contributions;
    (3) State the estimated value of any in-kind contributions; and
    (4) Explain the basis of the estimated value.



Sec.86.34  What if a partner is not willing or able to follow through 
on a match commitment?

    (a) You are responsible for all activity and funding commitments in 
the grant application. If you discover that a partner is not willing or 
able to meet a grant commitment, you must notify us that you will 
either:
    (1) Replace the original partner with another partner who will 
deliver the action or the funds to fulfill the commitment as stated in 
the grant application; or
    (2) Give either cash or an in-kind contribution(s) that at least 
equals the value and achieves the same objective as the partner's 
original commitment of cash or in-kind contribution.
    (b) If a partner is not willing or able to meet a match commitment 
and you do not have enough money to complete the BIG-funded facility as 
proposed, you must follow the requirements at Sec. Sec.86.44 and 
86.100.



                    Subpart D_Application for a Grant



Sec.86.40  What are the differences between BIG Tier 1--State grants 
and BIG Tier 2--National grants?

     Comparison of BIG Tier 1--State and BIG Tier 2--National Grants
------------------------------------------------------------------------
                                BIG Tier 1--State   BIG Tier 2--National
------------------------------------------------------------------------
(a) What actions are          Those listed at Sec.Those listed at Sec.
 eligible for funding?           86.11.                86.11 except Sec.
                                                       86.11(a)(7).
(b) What is the amount of     Each year we make at  We may limit funding
 Federal funds I can receive   least $200,000        to a maximum award
 in one BIG grant?             available to each     of $1.5 million. We
                               State. We may         may increase the
                               increase the award    maximum funding you
                               that States may       may request if
                               request annually to   enough funds are
                               an amount above       available and it is
                               $200,000 if enough    advantageous to the
                               funds are available   program mission. We
                               and it is             announce each year
                               advantageous to the   in the annual NOFO
                               program mission. We   posted at http://
                               announce each year    www.grants.gov the
                               in the annual NOFO    recommended maximum
                               posted at http://     Federal funds you
                               www.grants.gov the    may request.
                               maximum Federal
                               funds you may
                               request.
(c) How many grant            Each State can only   No limit.
 applications can I submit     request up to the
 each year?                    annual funding
                               limit each year.
                               You can do this by
                               sending in one
                               grant application
                               with one project or
                               multiple projects.
                               The Regional WSFR
                               Office may ask a
                               State with multiple
                               projects to prepare
                               a separate grant
                               request for each
                               project, as long as
                               the total of all
                               projects does not
                               exceed the annual
                               funding limit.

[[Page 665]]

 
(d) How does the Service      We fund a single      We score each grant
 choose grant applications     grant or multiple     application
 for funding?                  grants per State up   according to
                               to the maximum        ranking criteria at
                               annual funding        Sec. 86.51. We
                               amount for that       recommend
                               year.                 applications, based
                                                     on scores and
                                                     available funding,
                                                     to the Director.
                                                     The Director
                                                     selects the
                                                     applications for
                                                     award.
------------------------------------------------------------------------



Sec.86.41  How do I apply for a grant?

    (a) If you want to apply to be a subgrantee, you must send an 
application to the State agency that manages BIG following the rules 
given by your State. We award BIG funds only to States.
    (b) The director of your State agency (see Sec.86.10) or an 
authorized representative must certify all standard forms submitted in 
the grant application process in the format that we designate.
    (c) States must submit a grant application through http://
www.grants.gov. The Catalog of Federal Domestic Assistance (CFDA) number 
for BIG is 15.622.
    (d) If your State supports Executive Order 12372, Intergovernmental 
Review of Federal Programs, you must send copies of all standard forms 
and supporting information to the State Clearinghouse or Single Point of 
Contact identified at http://www.whitehouse.gov/omb/grants_spoc/ before 
sending it through http://www.grants.gov.



Sec.86.42  What do I have to include in a grant application?

    (a) When you submit a BIG grant application, you must include 
standard forms, a BIG project statement as described at Sec.86.43, 
documents, maps, images, and other information asked for in the annual 
NOFO at http://www.grants.gov, CFDA 15.622, in the format we ask for.
    (b) You must include supporting documentation explaining how the 
proposed work complies with applicable laws and regulations. You must 
also state the permits, evaluations, and reviews you need to complete 
the project. After we approve your project, you will follow guidance at 
Sec.86.61 to complete requirements that will become part of your 
application.
    (c) After we review your application, any responses to our requests 
to give more information or to clarify information become part of the 
application.
    (d) Misrepresentations of the information you give in an application 
may be a reason for us to:
    (1) Reject your application; or
    (2) Terminate your grant and require repayment of Federal funds 
awarded.



Sec.86.43  What information must I put in the project statement?

    You must put the following information in the project statement:
    (a) Need. Explain why the project is necessary and how it fulfills 
the purpose of BIG. To demonstrate the need for the project you must:
    (1) For construction projects, describe existing facilities 
available for eligible vessels near the proposed project. Support your 
description by including images that show existing structures and 
facilities, the proposed BIG-funded facility, and relevant details, such 
as the number of transient slips and the amenities for eligible users.
    (2) Describe how the proposed project fills a need or offers a 
benefit not offered by the existing facilities identified at paragraph 
(a)(1) of this section.
    (3) Give information to support the number of transient boats 
expected to use the area of the proposed project and show that the 
existing facilities identified at paragraph (a)(1) of this section are 
not enough to support them.
    (b) Purpose. State the desired outcome of the project in general or 
abstract terms, but in such a way that we can review the information and 
apply it to the competitive review. Base the purpose on the need as 
described in paragraph (a) of this section.
    (c) Objectives. Identify specific, measurable, attainable, relevant, 
and time-

[[Page 666]]

bound (SMART) outputs related to the need you are addressing.
    (d) Results or benefits expected. (1) Describe each capital 
improvement, service, or other product that will result from the 
project, and its purpose.
    (2) Describe how the structures, services, or other products will:
    (i) Achieve the need described at paragraph (a) of this section; and
    (ii) Benefit eligible users.
    (e) Approach. (1) Describe the methods to be used to achieve the 
objectives. Show that you will use sound design and proper procedures. 
Include enough information on the status of needed permits, land use 
approvals, and other compliance requirements for us to make a 
preliminary assessment.
    (2) Give the name, contact information, qualifications, and role of 
each known concessioner or subgrantee.
    (3) Explain how you will exercise control to ensure the BIG-funded 
facility continues to achieve its authorized purpose during the useful 
life of the BIG-funded project.
    (f) Useful life. Estimate the useful life in years of each capital 
improvement for the proposed project. Explain how you estimated the 
useful life of each capital improvement. You must reference a generally 
accepted method used to determine useful life of a capital improvement. 
You will finalize useful life during the approval process. See 
Sec. Sec.86.73 and 86.74.
    (g) Geographic location. (1) State the location using Global 
Positioning System (GPS) coordinates in the format we ask for in the 
annual NOFO.
    (2) State the local jurisdiction (county, city, town, or 
equivalent), street address, and water body associated with the project.
    (3) Include maps in your application, such as:
    (i) A small State map that shows the general location of the 
project;
    (ii) A local map that shows the facility location and the nearest 
community, public road, and navigable water body; and
    (iii) Maps or images that show proximity to significant 
destinations, services that support eligible users, terrain 
considerations, access, or other information applicable to your project.
    (iv) Any other map that supports the information in the project 
statement.
    (h) Project officer. If the Federal Aid Coordinator for the State 
agency will be the project officer, enter the term State Federal Aid 
Coordinator under this heading. If the State Federal Aid Coordinator 
will not be the project officer, give the name, title, work address, 
work email, and work telephone number of the contact person. The project 
officer identified should have a detailed knowledge of the project. 
State whether the project officer has the authority to sign requests for 
prior approval, project reports, and other communications committing the 
grantee to a course of action.
    (i) Budget narrative. Provide costs and other information sufficient 
to show that the project will result in benefits that justify the costs. 
You must use reasonably available resources to develop accurate cost 
estimates for your project to insure the successful completion of your 
BIG-funded facility. You should discuss factors that would influence 
project costs as described at Sec.86.53(d). Costs must be necessary 
and reasonable to achieve the project objectives.
    (1) You must state how you will allocate costs between eligible and 
ineligible users following the requirements at Sec.86.19 and explain 
the method used to allocate costs equitably between anticipated benefits 
for eligible and ineligible users.
    (2) State sources of cash and in-kind values you include in the 
project budget.
    (3) Describe any item that has cost limits or requires our approval 
and estimate its cost or value. Examples are dredging and preaward 
costs.
    (j) Match and other partner contributions. Identify the cash and in-
kind contributions that you, a partner, or other entity contribute to 
the project and describe how the contributions directly and 
substantively benefits completion of the project. See Sec. Sec.86.32 
and 86.33 for required information.
    (k) Fees and program income, if applicable. (1) See Sec.86.90 for 
the information that you must include on the estimated fees that an 
operator will charge during the useful life of the BIG-funded facility.

[[Page 667]]

    (2) See Sec. Sec.86.77 and 86.78 for an explanation of how you may 
use program income. If you decide that your project is likely to 
generate program income during the period of performance, you must:
    (i) Estimate the amount of program income that the project is likely 
to generate; and
    (ii) Indicate how you will apply program income to Federal and non-
Federal outlays.
    (l) Relationship with other grants. Describe the relationship 
between the BIG-funded facility and other relevant work funded by 
Federal and non-Federal grants that is planned, expected, or in 
progress.
    (m) Timeline. Describe significant milestones in completing the 
project and any accomplishments to date.
    (n) General. (1) If you seek a waiver based on Sec.86.13(b), you 
must include the request and supporting information in the grant 
application following the instructions in the annual NOFO.
    (2) Include any other description or document we ask for in the 
annual NOFO or that you need to support your proposed project.
    (o) Ranking criteria. In BIG Tier 2--National applications, you must 
respond to each of the questions found in the ranking criteria at Sec.
86.51. We also publish the questions for these criteria in the annual 
NOFO at http://www.grants.gov.
    (1) In addressing the ranking criteria, refer to the information at 
Sec. Sec.86.52 through 86.60 and any added information we ask for in 
the annual NOFO.
    (2) You may give information relevant to the ranking criteria as 
part of the project statement. If you take this approach, you must 
reference the criterion and give supporting information to reflect the 
guidance at Sec. Sec.86.52 through 86.60.



Sec.86.44  What if I need more than the maximum Federal share and
required match to complete my BIG-funded project?

    (a) If you plan a BIG project that you cannot complete with the 
recommended maximum Federal award and the required match, you may:
    (1) Find other sources of non-Federal funds to complete the project;
    (2) Divide your larger project into smaller, distinct, stand-alone 
projects and apply for more than one BIG grant, either in the same year 
or in different years. One project cannot depend on the anticipated 
completion of another; or
    (3) Combine your BIG Tier 1--State and BIG Tier 2--National funding 
to complete a project at a single location.
    (b) If you are awarded a grant and find you cannot complete a BIG 
project with the Federal funds and required match, you may:
    (1) Find other sources of non-Federal funds to complete the project.
    (2) Consider if BIG Tier 1--State funds are available to help 
complete the project. This is not a guaranteed option.
    (3) Ask for approval to revise the grant by following the 
requirements at subpart H of this part.
    (c) For BIG Tier 2--National grants, we review and rank each 
application individually, and each must compete with other applications 
for the same award year.
    (d) If you receive a BIG grant for one of your applications, we do 
not give preference to other applications you submit.
    (e) If you do not complete your project, we may take one or more of 
the remedies for noncompliance found at 2 CFR 200.338, and any other 
regulations that apply.



Sec.86.45  If the Service does not select my grant application for 
funding, can I apply for the same project the following year?

    Yes. If we do not select your BIG grant application for funding, you 
can apply for the same project the following year or in later years.



Sec.86.46  What changes can I make in a grant application after
I submit it?

    (a) After you submit your grant application, you can add or change 
information up to the date and time that the applications are due.
    (b) After the application due date and before we announce selected 
projects, you can add or change information in your application only if 
it does not affect the scope of the project, would not affect the score 
of the application, and

[[Page 668]]

is not a correction (see paragraph (c) of this section).
    (1) During this period we may ask you to change the useful life 
following the requirements at Sec.86.74 or allocation of costs between 
users of the BIG project following the requirements at Sec.86.19.
    (2) If your application proposes using BIG funds for an action we 
identify as ineligible, we will decide on a case-by-case basis whether 
we will allow you to change your application to remove identified 
ineligible costs and if we will consider your application for funding.
    (c) You must inform us of any incorrect information in an 
application as soon as you discover it, either before or after receiving 
an award.
    (d) We may ask you at any point in the application process to:
    (1) Clarify, correct, explain, or supplement data and information in 
the application;
    (2) Justify the eligibility of a proposed action; or
    (3) Justify the allowability of proposed costs or in-kind 
contributions.
    (e) If you do not respond fully to our questions at paragraph (d) of 
this section in the time allotted, we may decide not to consider your 
application for funding.
    (f) If your application is competitive, but funding is limited and 
we cannot fully fund your project, we may tell you the amount of 
available funds and ask you if you wish to accept the reduced funding 
amount. We will decide on a case-by-case basis if we will consider 
changes to the scope of your project based on the reduced funding. Any 
changes to the scope of a project must not result in reducing the number 
of points enough to lower your project's ranking position. If you choose 
to accept the reduced amount, you must amend your application to reflect 
all changes, including the difference in Federal and non-Federal 
funding.



                       Subpart E_Project Selection



Sec.86.50  Who ranks BIG Tier 2--National grant applications?

    We assemble a panel of our professional staff to review, rank, and 
recommend grant applications for funding to the Director. This panel may 
include representatives of our Regional Offices, with Headquarters staff 
overseeing the review, ranking, and recommendation process. Following 
the requirements of the Federal Advisory Committee Act (5 U.S.C. 
Appendix), the Director may invite nongovernmental organizations and 
other non-Federal entities to take part in an advisory panel to make 
recommendations to the Director.



Sec.86.51  What criteria does the Service use to evaluate BIG Tier 
2--National applications?

    Our panel of professional staff and any invited participants 
evaluate BIG Tier 2--National applications using the ranking criteria in 
the following table and assign points within the range for each 
criterion. We may give added information to guide applicants regarding 
these criteria in the annual NOFO on http://www.grants.gov. This may 
include the minimum total points that your application must receive in 
order to qualify for award.

------------------------------------------------------------------------
        Ranking criteria                          Points
------------------------------------------------------------------------
(a) Need, Access, and Cost       20 total possible points.
 Efficiency.
    (1) Will the proposed        0-10.
     boating infrastructure
     meet a need for more or
     improved facilities?.
    (2) Will eligible users      0-7.
     receive benefits from the
     proposed boating
     infrastructure that
     justify the cost of the
     project?.
    (3) Will the proposed        0-3.
     boating infrastructure
     accommodate boater access
     to significant
     destinations and services
     that support transient
     boater travel?.
(b) Match and Partnerships.....  10 total possible points.
    (1) Will the proposed        0-7.
     project include private,
     local, or State funds
     greater than the required
     minimum match?.
    (2) Will the proposed        0-3.
     project include
     contributions by private
     or public partners that
     contribute to the project
     objectives?.
(c) Innovation.................  6 total possible points.
    (1) Will the proposed        0-3.
     project include physical
     components, technology, or
     techniques that improve
     eligible-user access?.
    (2) Will the proposed        0-2.
     project include innovative
     physical components,
     technology, or techniques
     that improve the BIG-
     funded project?.

[[Page 669]]

 
    (3) Has the facility where   0-1.
     the project is located
     demonstrated a commitment
     to environmental
     compliance,
     sustainability, and
     stewardship and has an
     agency or organization
     officially recognized the
     facility for its
     commitment?.
                                ----------------------------------------
(d) Total possible points......  36.
------------------------------------------------------------------------



Sec.86.52  What does the Service consider when evaluating a project 
on the need for more or improved boating infrastructure?

    In evaluating a proposed project under the criterion at Sec. Sec.
86.51(a)(1) on the need for more or improved boating infrastructure 
facilities, we consider whether the project will:
    (a) Construct new boating infrastructure in an area that lacks it, 
but where eligible vessels now travel or would travel if the project 
were completed;
    (b) Renovate a facility to:
    (1) Improve its physical condition;
    (2) Follow local building codes;
    (3) Improve generally accepted safety standards; or
    (4) Adapt it to a new purpose for which there is a demonstrated 
need;
    (c) Create accessibility for eligible vessels by reducing wave 
action, increasing depth, or making other physical improvements;
    (d) Expand an existing marina or mooring site that is unable to 
accommodate current or projected demand by eligible vessels; or
    (e) Make other improvements to accommodate an established eligible 
need.



Sec.86.53  What factors does the Service consider for benefits to 
eligible users that justify the cost?

    (a) We consider these factors in evaluating a proposed project under 
the criterion at Sec.86.51(a)(2) on whether benefits to eligible users 
justify the cost:
    (1) Total cost of the project;
    (2) Total benefits available to eligible users upon completion of 
the project; and
    (3) Reliability of the data and information used to decide benefits 
relative to costs.
    (b) You must support the benefits available to eligible users by 
clearly describing them in the project statement and explaining how they 
relate to Need at Sec.86.43(a).
    (c) We will consider the cost relevant to all benefits to eligible 
users that are adequately supported in the application. We may consider 
the availability of preexisting structures and amenities, but only in 
the context of the need identified at Sec.86.43(a).
    (d) Describe in your application any factors that would influence 
project costs, such as:
    (1) The need for specialized materials to meet local codes, address 
weather or terrain, or extend useful life;
    (2) Increased transportation costs due to location; or
    (3) Other factors that may increase costs, but whose actions support 
needed benefits.
    (e) Describe any costs that are associated with providing a harbor 
of safe refuge.



Sec.86.54  What does the Service consider when evaluating a project
on boater access to significant destinations and services that support
transient boater 
          travel?

    In evaluating a proposed project under the criterion on boater 
access at Sec.86.51(a)(3), we consider:
    (a) The degree of access that the BIG-funded facility will give;
    (b) The activity, event, or landmark that makes the BIG-funded 
facility a destination, how well known the attraction is, how long it is 
available, and how likely it is to attract boaters to the facility; and
    (c) The availability of services and safety near the BIG-funded 
facility, how easily boaters can access them, and how well they serve 
the needs of eligible users.



Sec.86.55  What does the Service consider as a partner for the
purposes of these ranking criteria?

    (a) The following may qualify as partners for purposes of the 
ranking criteria:
    (1) A non-Federal entity, including a subgrantee.

[[Page 670]]

    (2) A Federal agency other than the Service.
    (b) The partner must commit to a financial contribution or an in-
kind contribution, or to take a voluntary action during the period of 
performance.
    (c) In-kind contributions or actions must be necessary and 
contribute directly and substantively to the completion of the project. 
You must explain in the grant application how they are necessary and 
contribute to completing the project.
    (d) A governmental entity may be a partner unless its contribution 
to completing the project is a mandatory duty of the agency, such as 
reviewing a permit application. A voluntary action by a government 
agency or employee is a partnership.



Sec.86.56  What does the Service consider when evaluating a project
that includes more than the minimum match?

    (a) When we evaluate a project under the criterion for match at 
Sec.86.51(b)(1), we consider how much cash the applicant and partners 
commit above the required minimum match of 25 percent of project costs.
    (b) The contribution may be from a State, a single source, or any 
combination of sources.
    (c) We will award points as follows:

------------------------------------------------------------------------
                   Percent cash match                         Points
------------------------------------------------------------------------
26-30...................................................               1
31-35...................................................               2
36-40...................................................               3
41-45...................................................               4
46-50...................................................               5
51-80...................................................               6
81 or higher............................................               7
------------------------------------------------------------------------

    (d) We must waive the first $200,000 in match for the entities 
described at Sec.86.32(a). We will determine the required match by 
subtracting the waived amount from the required 25 percent match and 
award points using the table at paragraph (c) of this section.



Sec.86.57  What does the Service consider when evaluating contributions
that a partner brings to a project?

    (a) We consider these factors for partner contributions in 
evaluating a proposed project under the criterion at Sec.86.51(b)(2):
    (1) The significance of the contribution to the success of the 
project;
    (2) How the contribution supports the actions proposed in the 
project statement;
    (3) How the partner demonstrates its commitment to the contribution; 
and
    (4) The ability of the partner to fulfill its commitment.
    (b) We may consider the combined contributions of several partners, 
according to the factors at paragraph (a) of this section.
    (c) To receive consideration for this criterion, you must show in 
your application how a partner, or group of partners, significantly 
supports the project by addressing the factors in paragraph (a) of this 
section.
    (d) You may describe partner contributions in the project statement.
    (e) Under this criterion, partner contributions need not exceed the 
25 percent required match.



Sec.86.58  What does the Service consider when evaluating a project
for a physical component, technology, or technique that will improve
eligible user access?

    (a) In evaluating a proposed project under the criterion at Sec.
85.51(c)(1), we consider whether the project will increase the 
availability of the BIG-funded facility for eligible users or improve 
eligible boater access to the facility by:
    (1) Using a new technology or technique; or
    (2) Applying a new use of an existing technology or technique.
    (b) We will not award points for following access standards set by 
law.
    (c) We will consider if you choose to complete the project using an 
optional or advanced technology or technique that will improve access, 
or if you go beyond the minimum requirements.
    (d) To receive consideration for this criterion, you must describe 
in the grant application the current standard and how you will exceed 
the standard.



Sec.86.59  What does the Service consider when evaluating a project
for innovative physical components, technology, or techniques that 
improve the BIG project?

    (a) In evaluating a proposed project under the criterion at Sec.
86.51(c)(2), we

[[Page 671]]

consider if the project will include physical components, technology, or 
techniques that are:
    (1) Newly available; or
    (2) Repurposed in a unique way.
    (b) Examples of the type of innovations we will consider are 
components, technology, or techniques that:
    (1) Extend the useful life of the BIG-funded project;
    (2) Are designed to allow the operator to save costs, decrease 
maintenance, or improve operation;
    (3) Are designed to improve BIG-eligible services or amenities;
    (4) Reduce the carbon footprint of the BIG-funded facility. Carbon 
footprint means the impact of the total set of greenhouse gas emissions;
    (5) Are used during construction specifically to reduce negative 
environmental impacts, beyond compliance requirements; or
    (6) Improve facility resilience.



Sec.86.60  What does the Service consider when evaluating a project
for demonstrating a commitment to environmental compliance,
sustainability, and stewardship?
          

    (a) In evaluating a project under the criterion at Sec.
86.51(c)(3), we consider if the application documents that the facility 
where the BIG-funded project is located has received official 
recognition for its voluntary commitment to environmental compliance, 
sustainability, and stewardship by exceeding regulatory requirements.
    (b) The official recognition must be part of a voluntary, 
established program administered by a Federal or State agency, local 
governmental agency, Sea Grant or equivalent entity, or a State or 
Regional marina organization.
    (c) The established program must require the facility to use 
management and operational techniques and practices that will ensure it 
continues to meet the high standards of the program and must contain a 
component that requires periodic review.
    (d) The facility must have met the criteria required by the 
established program and received official recognition by the due date of 
the application.



Sec.86.61  What happens after the Director approves projects for 
funding?

    (a) After the Director approves projects for funding, we notify 
successful applicants of the:
    (1) Amount of the grant;
    (2) Documents or clarifications required, including those required 
for compliance with applicable laws and regulations;
    (3) Approvals needed and format for processing approvals; and
    (4) Time constraints.
    (b) After we receive the required forms and documents, we approve 
the project and the terms of the grant and obligate the grant in the 
Federal financial management system.
    (c) BIG funds are available for Federal obligation for 3 Federal 
fiscal years, starting October 1 of the fiscal year that funds become 
available for award. We do not make a Federal obligation until you meet 
the grant requirements. Funds not obligated within 3 fiscal years are no 
longer available.



                     Subpart F_Grant Administration



Sec.86.70  What standards must I follow when constructing
a BIG-funded facility?

    (a) You must design and build a BIG-funded facility so that each 
structure meets Federal, State, and local standards.
    (b) A Region or a State may require you to have plans reviewed by a 
subject-matter expert if there are questions as to the safety, 
structural stability, durability, or other construction concerns for 
projects that will cost more than $100,000.



Sec.86.71  How much time do I have to complete the work funded 
by a BIG grant?

    (a) We must obligate a grant within 3 Federal fiscal years of the 
beginning of the Federal fiscal award year.
    (b) We will work with you to set a start date within the 3-year 
period of obligation. We assign a period of performance that is no 
longer than 3 years from the grant start date.

[[Page 672]]

    (c) You must complete your project within the period of performance 
unless you ask for and receive a grant extension.



Sec.86.72  What if I cannot complete the project during the period 
of performance?

    (a) If you cannot complete the project during the 3-year period of 
performance, you may ask us for an extension. Your request must be in 
writing, and we must receive it before the end of the original period of 
performance.
    (b) An extension is considered a revision of a grant and must follow 
guidance at Sec.86.101.
    (c) We will approve an extension up to 2 years if your request:
    (1) Describes in detail the work you have completed and the work 
that you plan to complete during the extension;
    (2) Explains the reasons for delay;
    (3) Includes a report on the status of the project budget; and
    (4) Includes assurance that you have met or will meet all other 
terms and conditions of the grant.
    (d) If you cannot complete the project during the extension period, 
you may ask us for a second extension. Your request must be in writing, 
and we must receive it before the end of the first extension. Your 
request for a second extension must include all of the information 
required at paragraph (b) of this section and, it must show that:
    (1) The extension is justified;
    (2) The delay in completion is not due to inaction, poor planning, 
or mismanagement; and
    (3) You will achieve the project objectives by the end of the second 
extension.
    (e) We require that the Regional Director and the Service's 
Assistant Director for the Wildlife and Sport Fish Restoration Program 
approve requests to extend a project beyond 5 years of the grant start 
date.



Sec.86.73  How long must I operate and maintain a BIG-funded facility,
and who is responsible for the cost of facility operation and 
maintenance?

    (a) You must operate and maintain a BIG-funded facility for its 
authorized purpose for its useful life. See Sec. Sec.86.3, 86.43(f), 
and 86.74.
    (b) Catastrophic events may shorten the useful life of a BIG-funded 
facility. If it is not feasible or is cost-prohibitive to repair or 
replace the BIG-funded facility, you may ask to revise the grant to 
reduce the useful-life obligation.
    (c) You are responsible for the costs of the operation and 
maintenance of the BIG-funded facility for its useful life, except as 
allowed at Sec.86.14(b).



Sec.86.74  How do I determine the useful life of a BIG-funded facility?

    You must determine the useful life of your BIG-funded project using 
the following:
    (a) You must give an informed estimate of the useful life of the 
BIG-funded project in your grant application, including the information 
in Steps 1, 2, and 3, in paragraphs (a)(1) through (3) of this section, 
as applicable.
    (1) Step 1. Identify all capital improvements that are proposed in 
your project. We may reject your application if you do not include an 
estimate for useful life.
    (i) Use the definition of capital improvement at Sec.86.3.
    (ii) The capital improvement must be a structure or system that 
serves an identified purpose.
    (iii) Consider the function of the components in your application 
and group those with a similar purpose together as structures or 
systems.
    (iv) All auxiliary components of your project (those that are not 
directly part of the structure or system) must be identified as 
necessary for the continued use of an identified capital improvement. 
For example, a gangway is not part of the dock system, but is necessary 
for access to and from the dock system, so it could be included in the 
useful life of the dock system.
    (v) Attach an auxiliary component as identified at paragraph 
(a)(1)(iv) of this section to only one capital improvement. If it 
supports more than one, choose the one with the longest useful life.
    (vi) Examples of structures or systems that could potentially make 
up a single capital improvement are a: Rest room/shower building; dock 
system; breakwater; seawall; basin, as altered by dredging; or fuel 
station.

[[Page 673]]

    (2) Step 2. Estimate the useful life of each capital improvement 
identified in Step 1 in paragraph (a)(1) of this section.
    (i) State how you determine the useful life estimate.
    (ii) Identify factors that may influence the useful life of the 
identified capital improvement, such as: Marine environment, wave 
action, weather conditions, and heavy usage.
    (iii) Examples of sources to obtain estimates for useful life 
information when developing your application are: Vendors, engineers, 
contractors, or others with expertise or experience with a capital 
improvement.
    (3) Step 3. If you are asking us to consider additional points for a 
physical component, technology, or technique under the criterion at 
Sec.86.51(c) that will increase the useful life, you must describe in 
your application:
    (i) The capital improvement or component that you will apply the 
criterion at Sec.86.51(c) to;
    (ii) The expected increase in useful life;
    (iii) The sources of information that support your determination of 
an extended useful life; and
    (iv) A description of how you expect the useful life will be 
increased.
    (b) After you submit your application, but before we award your 
grant, you must:
    (1) Confirm the useful life for each capital improvement using a 
generally accepted method.
    (2) Provide any additional documents or information, if we request 
it.
    (3) Consult and obtain agreement for your final useful life 
determinations at the State or Regional level, or both.
    (4) Revise your application, as needed, to include the final useful 
life determination(s).
    (c) If we find before we award the grant that you are unable to 
support your determination of an extended useful life at Sec.86.51(c), 
we will reduce your score and adjust the ranking of applications 
accordingly.
    (d) You must finalize useful life in your grant by one of the 
following methods:
    (i) State several useful-life expectations, one for each individual 
capital improvement you identified at paragraph (a)(1) of this section; 
or
    (ii) State a single useful life for the whole project, based on the 
longest useful life of the capital improvements you identified at 
paragraph (a)(1) of this section.
    (e) States may decide to use only one of the methods described at 
paragraph (d) of this section for all BIG-funded projects in their 
State.



Sec.86.75  How should I credit BIG?

    (a) You must use the Sport Fish Restoration logo to show the source 
of BIG funding:
[GRAPHIC] [TIFF OMITTED] TR06MY15.000


[[Page 674]]


    (b) Examples of language you may use to credit BIG are:
    (1) A Sport Fish Restoration-Boating Infrastructure Grant funded 
this facility thanks to your purchase of fishing equipment and motorboat 
fuel.
    (2) A Sport Fish Restoration-Boating Infrastructure Grant is funding 
this construction thanks to your purchase of fishing equipment and 
motorboat fuel.
    (3) A Sport Fish Restoration-Boating Infrastructure Grant funded 
this pamphlet thanks to your purchase of fishing equipment and motorboat 
fuel.
    (c) States may ask for approval of alternative language to follow 
ordinances and restrictions for posting information where the project is 
located.



Sec.86.76  How can I use the logo for BIG?

    (a) You must use the Sport Fish Restoration logo on:
    (1) BIG-funded facilities;
    (2) Printed or Web-based material or other visual representations of 
BIG projects or achievements; and
    (3) BIG-funded or BIG-related educational and informational 
material.
    (b) You must require a subgrantee to display the logo in the places 
and on materials described at paragraph (a) of this section.
    (c) Businesses that contribute to or receive from the Trust Fund 
that we describe at Sec.86.30 may display the logo in conjunction with 
its associated products or projects.
    (d) The Assistant Director or Regional Director may authorize other 
persons, organizations, agencies, or governments not identified in this 
section to use the logo for purposes related to BIG by entering into a 
written agreement with the user. The user must state how it intends to 
use the logo, to what it will attach the logo, and the relationship to 
BIG.
    (e) The Service and the Department of the Interior make no 
representation or endorsement whatsoever by the display of the logo as 
to the quality, utility, suitability, or safety of any product, service, 
or project associated with the logo.
    (f) The user of the logo must indemnify and defend the United States 
and hold it harmless from any claims, suits, losses, and damages from:
    (1) Any allegedly unauthorized use of any patent, process, idea, 
method, or device by the user in connection with its use of the logo, or 
any other alleged action of the user; and
    (2) Any claims, suits, losses, and damages arising from alleged 
defects in the articles or services associated with the logo.
    (g) No one may use any part of the logo in any other manner unless 
the Service's Assistant Director for Wildlife and Sport Fish Restoration 
or Regional Director authorizes it. Unauthorized use of the logo is a 
violation of 18 U.S.C. 701 and subjects the violator to possible fines 
and imprisonment.



Sec.86.77  How must I treat program income?

    (a) You must follow the applicable program income requirements at 2 
CFR 200.80 and 200.307 if you earn program income during the period of 
performance.
    (b) We authorize the following options in the regulations cited at 
paragraph (a) of this section:
    (1) You may deduct the costs of generating program income from the 
gross income if you did not charge these costs to the grant. An example 
of costs that may qualify for deduction is maintenance of the BIG-funded 
facility that generated the program income.
    (2) Use the addition alternative for program income only if:
    (i) You describe the source and amount of program income in the 
project statement according to Sec.86.43(k)(2); and
    (ii) We approve your proposed use of the program income, which must 
be for one or more of the actions eligible for funding at Sec.86.11.
    (3) Use the deduction alternative for program income that does not 
qualify under paragraph (b)(2) of this section.
    (c) We do not authorize the cost-sharing or matching alternative in 
the regulations cited at paragraph (a) of this section.
    (d) For BIG Tier 1-State grants with multiple projects that you may 
complete at different times, we recommend that States seek our advice on 
how to apply for and manage grants to reduce unintended program income.

[[Page 675]]

    (e) If your project is completed before the end of the period of 
performance, we recommend you notify us and ask for advice on how to 
adjust the period of performance to manage potential program income.



Sec.86.78  How must I treat income earned after the period of 
performance?

    You are not accountable to us for income earned by you or a 
subgrantee after the period of performance as a result of the grant 
except as required at Sec. Sec.86.90 and 86.91.



              Subpart G_Facility Operations and Maintenance



Sec.86.90  How much must an operator of a BIG-funded facility charge 
for using the facility?

    (a) An operator of a BIG-funded facility must charge reasonable fees 
for using the facility based on prevailing rates at other publicly and 
privately owned local facilities similarly situated and offering a 
similar service or amenity.
    (b) If other publicly and privately owned local facilities offer 
BIG-funded services or amenities free of charge, then a fee is not 
required.
    (c) If the BIG-funded facility has a State or locally imposed fee 
structure, we will accept the mandated fee structure if it is reasonable 
and does not impose an undue burden on eligible users.
    (d) You must state proposed fees and the basis for the fees in your 
grant application. The information you give may be in any format that 
clearly shows how you arrived at an equitable amount.



Sec.86.91  May an operator of a BIG-funded facility increase or 
decrease user fees during its useful life?

    (a) An operator of a BIG-funded facility may increase or decrease 
user fees during its useful life without our prior approval if they are 
consistent with prevailing market rates. The grantee may impose separate 
restrictions on an operator or subgrantee.
    (b) If the grantee or we discover that fees charged by the operator 
of a BIG-funded facility do not follow Sec.86.90 and the facility 
unfairly competes with other marinas or makes excessive profits, the 
grantee must notify the operator in writing. The operator must respond 
to the notice in writing, and either justify or correct the fee 
schedule. If the operator justifies the fee schedule, the grantee and we 
must allow reasonable business decisions and only call for a change in 
the fee schedule if the operator is unable to show that the increase or 
decrease is reasonable.



Sec.86.92  Must an operator of a BIG-funded facility allow public 
access?

    (a) Public access in this part means access by eligible users, for 
eligible activities, or by other users for other activities that either 
support the purpose of the BIG-funded project or do not interfere with 
the purpose of the BIG-funded project. An operator of a BIG-funded 
facility must not allow activities that interfere with the purpose of 
the project.
    (b) An operator of a BIG-funded facility must allow public access to 
any part of the BIG-funded facility during its useful life, except as 
described at paragraphs (e) and (f) of this section.
    (c) An operator of a BIG-funded facility must allow reasonable 
public access to other parts of the facility that would normally be open 
to the public and must not limit access in any way that discriminates 
against any member of the public.
    (d) The site of a BIG-funded facility must be:
    (1) Accessible to the public; and
    (2) Open for reasonable periods.
    (e) An operator may temporarily limit public access to all or part 
of the BIG-funded facility due to an emergency, repairs, construction, 
or as a safety precaution. (f) An operator may limit public access when 
seasonally closed for business.



Sec.86.93  May I prohibit overnight use by eligible vessels at
a BIG-funded facility?

    You may prohibit overnight use at a BIG-funded facility if you state 
in the approved grant application that the facility is only for day use. 
If after we award the grant you wish to change to day use only, you must 
follow the requirements at subpart H of this part.

[[Page 676]]



Sec.86.94  Must I give information to eligible users and the public
about BIG-funded facilities?

    (a) You must give clear information using signs or other methods at 
BIG-funded facilities that:
    (1) Direct eligible users to the BIG-funded facility;
    (2) Include restrictions and operating periods or direct boaters 
where to find the information; and
    (3) Restrict ineligible use at any part of the BIG-funded facility 
designated only for eligible use.
    (i) You do not need to notify facility users of any restrictions for 
shared-use areas and amenities that you have already decided have 
predictable mixed use and you have allocated following Sec.86.19.
    (ii) You must notify facility users of benefits that you decide are 
only for eligible users, such as boat slips and moorage.
    (b) You may use new technology and methods of communication to 
inform boaters.



                     Subpart H_Revisions and Appeals



Sec.86.100  Can I change the information in a grant application after
I receive a grant?

    (a) To change information in a grant application after you receive a 
grant, you must propose a revision of the grant and we must approve it.
    (b) We may approve a revision if:
    (1) For BIG Tier 1--State and BIG Tier 2--National awards, the 
revision:
    (i) Would not significantly decrease the benefits of the project; 
and
    (ii) Would not increase Federal funds.
    (2) For BIG Tier 2--National awards, the revision:
    (i) Involves process, materials, logistics, or other items that have 
no significant effect on the factors used to decide the score; and
    (ii) Keeps an equal or greater percentage of the non-Federal 
matching share of the total BIG project costs.
    (c) We may approve a decrease in the Federal funds requested in the 
application subject to paragraph (b) of this section.
    (d) The Regional WSFR Office must follow its own procedures for 
review and approval of any changes to a BIG Tier 1--State grant.
    (e) The Regional WSFR Office must receive approval from the WSFR 
Headquarters Office for any changes to a BIG Tier 2--National grant that 
involves cost or affects project benefits.



Sec.86.101  How do I ask for a revision of a grant?

    (a) You must ask for a revision of a grant by sending us the 
following documents:
    (1) The standard form used to apply for Federal assistance, which is 
available at http://www.grants.gov. You must use this form to update or 
ask for a change in the information that you included in the approved 
grant application. The authorized representative of your agency must 
certify this form.
    (2) A statement attached to the standard form at paragraph (a)(1) of 
this section that explains:
    (i) The proposed changes and how the revision would affect the 
information that you submitted with the original grant application; and
    (ii) Why the revision is necessary.
    (b) You must send any revision of the scope to your State 
Clearinghouse or Single Point of Contact if your State supports this 
process under Executive Order 12372, Intergovernmental Review of Federal 
Programs.



Sec.86.102  Can I appeal a decision?

    You can appeal the Director's, Assistant Director's, or Regional 
Director's decision on any matter subject to this part according to 2 
CFR 200.341.
    (a) You must send the appeal to the Director within 30 calendar days 
of the date that the Director, Assistant Director, or Regional Director 
mails or otherwise informs you of a decision.
    (b) You may appeal the Director's decision under paragraph (a) of 
this section to the Secretary of the Interior within 30 calendar days of 
the date that the Director mailed the decision. An appeal to the 
Secretary must follow procedures at 43 CFR part 4, subpart G, ``Special 
Rules Applicable to Other Appeals and Hearings.''

[[Page 677]]



Sec.86.103  Can the Director authorize an exception to this part?

    The Director can authorize an exception to any requirement of this 
part that is not explicitly required by law if it does not conflict with 
other laws or regulations or the policies of the Department of the 
Interior or the Office of Management and Budget (OMB).



                    Subpart I_Information Collection



Sec.86.110  What are the information-collection requirements
of this part?

    OMB has reviewed and approved the U.S. Fish and Wildlife information 
collection requirements (project narratives, reports, and amendments) in 
this part and assigned OMB Control No. 1018-0109. We 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. You 
may send comments on any aspect of the information collection 
requirements to the Service Information Collection Clearance Officer at 
the address provided at 50 CFR 2.1(b).

[[Page 678]]



                  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 679]]



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 680]]

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 [Reserved]
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 at the address for the 
Division of Bird Habitat Conservation provided at 50 CFR 2.1(b). These 
documents can also be downloaded from our website at: http://
www.fws.gov/birds/get-involved/duck-stamp.php.
    (c) All contestants from the most recent contest will be sent a copy 
of the

[[Page 681]]

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; 79 
FR 43967, July 29, 2014; 83 FR 12279, Mar. 21, 2018]



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) Geese. (1) Emperor Goose (Anser canagicus).
    (2) Snow Goose (including ``white'' and ``blue'' morphs) (Anser 
caerulescens).
    (3) Ross's Goose (Anser rossii).
    (4) Greater White-fronted Goose (Anser albifrons).
    (5) Brant (Branta bernicla).
    (6) Cackling Goose (Branta hutchinsii).
    (7) Canada Goose (Branta canadensis).
    (c) Swans. (1) Trumpeter Swan (Cygnus buccinator).
    (2) Tundra Swan (Cygnus columbianus).
    (d) Dabbling Ducks. (1) Wood Duck (Aix sponsa).
    (2) Blue-winged Teal (Spatula discors).
    (3) Cinnamon Teal (Spatula cyanoptera).
    (4) Northern Shoveler (Spatula clypeata).
    (5) Gadwall (Mareca strepera).
    (6) American Wigeon (Mareca americana).
    (7) Mallard (Anas platyrhynchos).
    (8) American Black Duck (Anas rubripes).
    (9) Mottled Duck (Anas fulvigula).
    (10) Northern Pintail (Anas acuta).
    (11) Green-winged Teal (Anas crecca).
    (e) 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).
    (f) Sea-Ducks. (1) Steller's Eider (Polysticta stelleri).
    (2) Spectacled Eider (Somateria fischeri).
    (3) King Eider (Somateria spectabilis).
    (4) Common Eider (Somateria mollissima).
    (5) Harlequin Duck (Histrionicus histrionicus).
    (6) Surf Scoter (Melanitta perspicillata).
    (7) White-winged Scoter (Melanitta fusca).
    (8) Black Scoter (Melanitta americana).
    (9) Long-tailed Duck (Clangula hyemalis).
    (10) Bufflehead (Bucephala albeola).
    (11) Common Goldeneye (Bucephala clangula).
    (12) Barrow's Goldeneye (Bucephala islandica).
    (g) Mergansers. (1) Hooded Merganser (Lophodytes cucullatus).
    (2) Common Merganser (Mergus merganser).

[[Page 682]]

    (3) Red-breasted Merganser (Mergus serrator).
    (h) Stiff Tails. (1) Ruddy Duck (Oxyura jamaicensis).
    (2) [Reserved]

[83 FR 12279, Mar. 21, 2018]



              Subpart B_Procedures for Entering the Contest



Sec.91.11  Contest opening date and entry deadline.

    The contest officially opens 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 
website at http://www.fws.gov/birds/get-involved/duck-stamp.php or call 
(703) 358-2145.

[83 FR 12279, Mar. 21, 2018]



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) General restrictions. A live portrayal of any bird(s) of the 
five or fewer identified eligible waterfowl species must be the dominant 
feature of the design. The design may depict more than one of the 
eligible species. The judges' overall mandate is 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 criteria set forth in this section.
    (b) Mandatory waterfowl hunting components. In addition to the 
restrictions set forth in paragraph (a) of this section, all designs 
must also include appropriate waterfowl hunting-related

[[Page 683]]

accessories or elements celebrating the Federal Duck Stamp's 
longstanding connection as part of our Nation's waterfowl hunting 
heritage and the contributions to conservation made by waterfowl 
hunters. Designs may include, but are not limited to, waterfowl hunting 
dogs, waterfowl hunting scenes, waterfowl hunting equipment, waterfowl 
decoys, or other designs that represent our waterfowl hunting heritage. 
The designs chosen will clearly meet the theme of ``celebrating our 
waterfowl hunting heritage.''

[83 FR 12279, Mar. 21, 2018, as amended at 85 FR 27317, May 8, 2020]



Sec.91.15  [Reserved]



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: Federal 
Duck Stamp Contest, U.S. Fish and Wildlife Service, MS: MB, 5275 
Leesburg Pike, Falls Church, VA 22041.

[56 FR 22815, May 16, 1991, as amended at 71 FR 39015, July 11, 2006; 83 
FR 12279, Mar. 21, 2018]



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 comprise 
individuals who 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, demonstrated support for the conservation of waterfowl and 
wetlands through active involvement in the conservation community, and 
an understanding and appreciation of waterfowl hunting heritage and the 
ability to recognize waterfowl hunting accessories.
    (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; 83 
FR 12279, Mar. 21, 2018; 85 FR 27317, May 8, 2020]



Sec.91.22  Display of contest entries.

    The Federal Duck Stamp Office assigns all eligible entries a number 
as

[[Page 684]]

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, suitability for reduction in the production of a stamp, and 
how well they illustrate the theme of ``celebrating our waterfowl 
hunting heritage.''

[85 FR 27317, May 8, 2020]



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

[[Page 685]]

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.
    (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 Subsistence migratory bird species.
92.23-92.29 [Reserved]

       Subpart D_Annual Regulations Governing Subsistence Harvest

92.30 General overview of regulations.
92.31 Region-specific regulations.
92.32 Emergency regulations to protect Steller's eiders.
92.33-92.39 [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

[[Page 686]]

from the restrictions, conditions, and requirements contained in this 
part. Nothing in this part, however, prevents the State of Alaska from 
making and enforcing laws or regulations that are consistent with the 
regulations in this part, the conventions between the United States and 
any foreign country for the protection of migratory birds, and the 
Migratory Bird Treaty Act, and that give further protection to migratory 
birds.



Sec.92.4  Definitions.

    The following definitions apply to all regulations contained in this 
part:
    Alaska Native means the same as ``Native,'' defined in section 3(b) 
of the Alaska Native Claims Settlement Act, 16 U.S.C. 1602(b).
    Authentic Native article of handicraft or clothing means any item 
created by an Alaska Native to which inedible parts of migratory birds 
authorized for use in handicrafts or clothing are incorporated and which 
is fashioned by hand, or with limited use of machines, provided no mass 
production occurs.
    Closure means the season is closed to all forms of harvest, 
including hunting and egg gathering, unless specified otherwise.
    Co-management Council means the Alaska Migratory Bird Co-management 
Council, consisting of Alaska Native, Federal, and State of Alaska 
representatives as equals.
    Edible meat means the meat from the breast, back, thighs, legs, 
wings, gizzard, and heart. The head, neck, feet, other internal organs, 
and skin are considered inedible byproducts, and not edible meat, for 
all provisions of this part.
    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.
    Migratory birds authorized for use in handicrafts or clothing means 
the species of birds listed at Sec.92.6(b) that were taken for food in 
a nonwasteful manner during the Alaska subsistence-harvest season by an 
eligible person of an included area.
    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 all edible meat until the birds 
have been transported to the location where they will be consumed, 
processed, or preserved as human 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

[[Page 687]]

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.
    Sale by consignment means that an Alaska Native sends or supplies an 
authentic Native article of handicraft or clothing to a person who sells 
the item for the Alaska Native. The consignment seller need not be an 
Alaska Native and the Alaska Native craftsman retains ownership of the 
item and will receive money for the item when it is sold.
    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; 78 FR 11993, Feb. 21, 2013; 81 FR 18787, Apr. 
1, 2016; 82 FR 34270, July 24, 2017]



Sec.92.5  Who is eligible to participate?

    If you are a permanent resident of a village within a subsistence 
harvest area, you will be eligible to harvest migratory birds and their 
eggs for subsistence purposes 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

[[Page 688]]

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 
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 residents of excluded areas may 
participate in the customary spring and summer subsistence harvest in a 
village's subsistence area with permission of the village council, to 
assist indigenous inhabitants in meeting their nutritional and other 
essential needs or for the teaching of cultural knowledge. A letter of 
invitation will be sent by the village council to the hunter with a copy 
to the Executive Director of the Co-management Council, who will inform 
law enforcement and the Service's Co-management Council coordination 
office within 2 working days. The Service will then inform any affected 
Federal agency when residents of excluded areas are

[[Page 689]]

allowed to participate in the subsistence harvest within their Federal 
lands.

[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; 79 FR 19458, Apr. 8, 2014]



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, 
except as provided in this section.
    (a) Giving and receiving migratory birds. Under this part, you may 
take migratory birds for human consumption only. Harvest and possession 
of migratory birds must be conducted using nonwasteful taking. Edible 
meat of migratory birds may be given to immediate family members by 
eligible persons. Inedible byproducts of migratory birds taken for food 
may be used for other purposes, except that taxidermy is prohibited, and 
these byproducts may only be given to other eligible persons or Alaska 
Natives.
    (b) Authentic native articles of handicraft or clothing. (1) Under 
this section, authentic native articles of handicraft or clothing may be 
produced for sale only from the following bird species:
    (i) Tundra swan (Cygnus columbianus).
    (ii) Blue-winged teal (Anas discors).
    (iii) Redhead (Aythya americana).
    (iv) Ring-necked duck (Aythya collaris).
    (v) Greater scaup (Aythya marila).
    (vi) Lesser scaup (Aythya affinis).
    (vii) King eider (Somateria spectabilis).
    (viii) Common eider (Somateria mollissima).
    (ix) Surf scoter (Melanitta perspicillata).
    (x) White-winged scoter (Melanitta fusca).
    (xi) Barrow's goldeneye (Bucephala islandica).
    (xii) Hooded merganser (Lophodytes cucullatus).
    (xiii) Pacific loon (Gavia pacifica).
    (xiv) Common loon (Gavia immer).
    (xv) Double-crested cormorant (Phalacrocorax auritus).
    (xvi) Black oystercatcher (Haematopus bachmani).
    (xvii) Lesser yellowlegs (Tringa flavipes).
    (xviii) Semipalmated sandpiper (Calidris semipalmatus).
    (xix) Western sandpiper (Calidris mauri).
    (xx) Wilson's snipe (Gallinago delicata).
    (xxi) Bonaparte's gull (Larus philadelphia).
    (xxii) Mew gull (Larus canus).
    (xxiii) Red-legged kittiwake (Rissa brevirostris).
    (xxiv) Arctic tern (Sterna paradisaea).
    (xxv) Black guillemot (Cepphus grylle).
    (xxvi) Cassin's auklet (Ptychoramphus aleuticus).
    (xxvii) Great horned owl (Bubo virginianus).
    (2) Only Alaska Natives may sell or re-sell any authentic native 
article of handicraft or clothing that contains an inedible byproduct of 
a bird listed in paragraph (b)(1) of this section that was taken for 
food during the Alaska migratory bird subsistence harvest season. 
Eligibility under this paragraph (b)(2) can be shown by a Tribal 
Enrollment Card, Bureau of Indian Affairs card, or membership in the 
Silver Hand program. All sales and transportation of sold items are 
restricted to within the United States. Each sold item must be 
accompanied by either a certification (FWS Form 3-2484) signed by the 
artist or a Silver Hand insignia. Purchasers must retain this 
documentation and produce it upon the request of a law enforcement 
officer.
    (3) Sales by consignment are allowed. Each consigned item must be 
accompanied by either a certification (FWS Form 3-2484) signed by the 
artist or Silver Hand insignia. All consignees, sellers, and purchasers 
must retain this documentation with each item and produce it upon the 
request of a law enforcement officer. All consignment sales are 
restricted to within the United States.
    (4) The Office of Management and Budget reviewed and approved the 
information collection requirements contained in this section and 
assigned OMB Control No. 1018-0168. We use the information to monitor 
and enforce the regulations. We may not conduct or

[[Page 690]]

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 requirements to the 
Information Collection Clearance Officer, U.S. Fish and Wildlife 
Service, at the address listed at 50 CFR 2.1(b).

[82 FR 34270, July 24, 2017]



Sec. Sec.92.7-92.9  [Reserved]



                       Subpart B_Program Structure



Sec.92.10  Alaska Migratory Bird Co-management Council.

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

[[Page 691]]

    (4) Coordinating with the Alaska Department of Fish and Game to 
provide technical information needed by the Co-management Council for 
its deliberations;
    (5) Preparing documents and gathering information needed by the Co-
management Council for its meetings; and
    (6) Preparing the annual subpart D regulations package recommended 
by the Co-management Council for submission to the flyway councils and 
the Service Regulations Committee.

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



Sec.92.11  Regional management areas.

    (a) Regions identified. To allow for maximum participation by 
residents of subsistence eligible areas, the Alaska Regional Director of 
the Service established 12 geographic regions based on common 
subsistence resource use patterns and the 12 Alaska Native regional 
corporation boundaries established under the Alaska Native Claims 
Settlement Act. Despite using the Alaska Native regional corporation 
boundaries, we are not working directly with the regional corporations 
in this program and are instead working with the Alaska Native nonprofit 
groups and local governments in those corresponding regions. You may 
obtain records and maps delineating the boundaries of the 12 regions 
from the U.S. Department of the Interior, Bureau of Land Management, 
Alaska State Office, 222 West 7th Ave., No. 13, Anchorage, AK 99513. The 
regions are identified as follows:
    (1) Aleutian/Pribilof Islands;
    (2) Kodiak Archipelago;
    (3) Bristol Bay;
    (4) Yukon/Kuskokwim Delta;
    (5) Bering Strait/Norton Sound;
    (6) Northwest Arctic;
    (7) North Slope;
    (8) Interior;
    (9) Southeast;
    (10) Gulf of Alaska;
    (11) Upper Copper River; and
    (12) Cook Inlet.
    (b) Regional partnerships. The U.S. Fish and Wildlife Service will 
establish partner agreements with at least 1 partner organization in 
each of the 12 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.

[[Page 692]]

    (3) Regional management bodies may be established specifically for 
the purpose of carrying out the responsibilities identified in this 
part, or they may be existing entities that can add these 
responsibilities to their existing duties.

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



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

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



Sec. Sec.92.13-92.19  [Reserved]



       Subpart C_General Regulations Governing Subsistence Harvest



Sec.92.20  Methods and means.

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

[[Page 693]]

endangered or threatened species or other migratory bird population; and
    (2) Upon issuance of local public notice by such means as 
publication in local newspapers of general circulation, posting of the 
areas affected, notifying the State wildlife conservation agency, and 
announcement on the internet and local radio and television.
    (b) The Service will also announce any such closure or temporary 
suspension by publication of a notice in the Federal Register 
simultaneously with the local public notice referred to in paragraph 
(a)(2) of this section. However, in the event that publishing a Federal 
Register notice simultaneously with the local public notice is 
impractical, we will publish in the Federal Register as soon as possible 
after the steps outlined in paragraph (a) of this section are taken.
    (c) Any closure or temporary suspension under this section will be 
effective on the date of publication of the Federal Register notice; or 
if such notice is not published simultaneously with the notification 
methods described in paragraph (a) of this section, then on the date and 
at the time specified in the local notification to the public given 
under paragraph (a)(2) of this section. Every notice of closure or 
temporary suspension will include the date and time of the closing, the 
area or areas affected, and the species affected. In the case of a 
temporary suspension, the date and time when the harvest may be resumed 
will also be provided by local notification to the public and by 
publication in the Federal Register as provided for in paragraphs (a) 
and (b) of this section.

[68 FR 43028, July 21, 2003]



Sec.92.22  Subsistence migratory bird species.

    You may harvest birds or gather eggs from the following species, 
listed in taxonomic order, within all included areas except Southeast 
Alaska, which is restricted to Glaucous-winged gull egg harvesting only. 
When birds are listed at the species level, all subspecies existing in 
Alaska are also open to harvest. All bird species not listed are closed 
to harvesting and egg gathering.
    (a) Family Anatidae. (1) Greater White-fronted Goose (Anser 
albifrons).
    (2) Snow Goose (Chen caerulescens).
    (3) Emperor goose (Chen canagica).
    (4) Canada goose (Branta canadensis).
    (5) Canada goose, subspecies Aleutian goose--except in the Semidi 
Islands.
    (6) Canada goose, subspecies cackling goose.
    (7) Black Brant (Branta bernicla nigricans)--except no egg gathering 
is permitted in the Yukon/Kuskokwim Delta and the North Slope regions.
    (8) Tundra Swan (Cygnus columbianus)--except in Units 9(D) and 10.
    (9) Gadwall (Anas strepera).
    (10) Eurasian Wigeon (Anas penelope).
    (11) American Wigeon (Anas americana).
    (12) Mallard (Anas platyrhynchos).
    (13) Blue-winged Teal (Anas discors).
    (14) Northern Shoveler (Anas clypeata).
    (15) Northern Pintail (Anas acuta).
    (16) Green-winged Teal (Anas crecca).
    (17) Canvasback (Aythya valisineria).
    (18) Redhead (Aythya americana).
    (19) Ring-necked Duck (Aythya collaris).
    (20) Greater Scaup (Aythya marila).
    (21) Lesser Scaup (Aythya affinis).
    (22) King Eider (Somateria spectabilis).
    (23) Common Eider (Somateria mollissima).
    (24) Harlequin Duck (Histrionicus histrionicus).
    (25) Surf Scoter (Melanitta perspicillata).
    (26) White-winged Scoter (Melanitta fusca).
    (27) Black Scoter (Melanitta nigra).
    (28) Long-tailed Duck (Clangula hyemalis).
    (29) Bufflehead (Bucephala albeola).
    (30) Common Goldeneye (Bucephala clangula).
    (31) Barrow's Goldeneye (Bucephala islandica).
    (32) Hooded Merganser (Lophodytes cucullatus).
    (33) Common Merganser (Mergus merganser).
    (34) Red-breasted Merganser (Mergus serrator).
    (b) Family Gaviidae. (1) Red-throated Loon (Gavia stellata).
    (2) Arctic Loon (Gavia arctica).
    (3) Pacific Loon (Gavia pacifica).

[[Page 694]]

    (4) Common Loon (Gavia immer).
    (5) Yellow-billed Loon (Gavia adamsii)--In the North Slope Region 
only, a total of up to 20 yellow-billed loons inadvertently caught in 
fishing nets may be kept for subsistence purposes.
    (c) Family Podicipedidae. (1) Horned Grebe (Podiceps auritus).
    (2) Red-necked Grebe (Podiceps grisegena).
    (d) Family Procellariidae. (1) Northern Fulmar (Fulmarus glacialis).
    (2) [Reserved]
    (e) Family Phalacrocoracidae. (1) Double-crested Cormorant 
(Phalacrocorax auritus).
    (2) Pelagic Cormorant (Phalacrocorax pelagicus).
    (f) Family Gruidae. (1) Sandhill Crane (Grus canadensis).
    (2) [Reserved]
    (g) Family Charadriidae. (1) Black-bellied Plover (Pluvialis 
squatarola).
    (2) Common Ringed Plover (Charadrius hiaticula).
    (h) Family Haematopodidae. (1) Black Oystercatcher (Haematopus 
bachmani).
    (2) [Reserved]
    (i) Family Scolopacidae. (1) Greater Yellowlegs (Tringa 
melanoleuca).
    (2) Lesser Yellowlegs (Tringa flavipes).
    (3) Spotted sandpiper (Actitis macularius).
    (4) Bar-tailed Godwit (Limosa lapponica).
    (5) Ruddy Turnstone (Arenaria interpres).
    (6) Semipalmated Sandpiper (Calidris pusilla).
    (7) Western Sandpiper (Calidris mauri).
    (8) Least Sandpiper (Calidris minutilla).
    (9) Baird's Sandpiper (Calidris bairdii).
    (10) Sharp-tailed Sandpiper (Calidris acuminata).
    (11) Dunlin (Calidris alpina).
    (12) Long-billed Dowitcher (Limnodromus scolopaceus).
    (13) Wilson's snipe (Gallinago delicata).
    (14) Red-necked phalarope (Phalaropus lobatus).
    (15) Red phalarope (Phalaropus fulicarius).
    (j) Family Laridae. (1) Pomarine Jaeger (Stercorarius pomarinus).
    (2) Parasitic Jaeger (Stercorarius parasiticus).
    (3) Long-tailed Jaeger (Stercorarius longicaudus).
    (4) Bonaparte's gull (Chroicocephalus philadelphia).
    (5) Mew Gull (Larus canus).
    (6) Herring Gull (Larus argentatus).
    (7) Slaty-backed Gull (Larus schistisagus).
    (8) Glaucous-winged Gull (Larus glaucescens).
    (9) Glaucous Gull (Larus hyperboreus).
    (10) Sabine's Gull (Xema sabini).
    (11) Black-legged Kittiwake (Rissa tridactyla).
    (12) Red-legged Kittiwake (Rissa brevirostris).
    (13) Ivory Gull (Pagophila eburnea).
    (14) Arctic Tern (Sterna paradisaea).
    (15) Aleutian tern (Onychoprion aleuticus).
    (k) Family Alcidae. (1) Common Murre (Uria aalge).
    (2) Thick-billed Murre (Uria lomvia).
    (3) Black Guillemot (Cepphus grylle).
    (4) Pigeon Guillemot (Cepphus columba).
    (5) Cassin's Auklet (Ptychoramphus aleuticus).
    (6) Parakeet Auklet (Aethia psittacula).
    (7) Least Auklet (Aethia pusilla).
    (8) Whiskered Auklet (Aethia pygmaea).
    (9) Crested Auklet (Aethia cristatella).
    (10) Rhinoceros Auklet (Cerorhinca monocerata).
    (11) Horned Puffin (Fratercula corniculata).
    (12) Tufted Puffin (Fratercula cirrhata).
    (l) Family Strigidae. (1) Great Horned Owl (Bubo virginianus).
    (2) Snowy owl (Bubo scandiacus).

[73 FR 13791, Mar. 14, 2008, as amended at 81 FR 18787, Apr. 1, 2016; 82 
FR 16304, Apr. 4, 2017; 83 FR 13688, Mar. 30, 2018]



Sec. Sec.92.23-92.29  [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

[[Page 695]]

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]



Sec.92.31  Region-specific regulations.

    The season dates for the eligible subsistence-harvest areas are as 
follows:
    (a) Aleutian/Pribilof Islands region. (1) Northern Unit (Pribilof 
Islands):
    (i) Season: April 2-June 30.
    (ii) Closure: July 1-August 31.
    (2) Central Unit (Aleutian Region's eastern boundary on the Alaska 
Peninsula westward to and including Unalaska Island):
    (i) Season: April 2-June 15 and July 16-August 31.
    (ii) Closure: June 16-July 15.
    (iii) Special Black Brant Season Closure: August 16-August 31, only 
in Izembek and Moffet lagoons.
    (iv) Special Tundra Swan Closure: All hunting and egg gathering 
closed in Game Management Units 9(D) and 10.
    (3) Western Unit (Umnak Island west to and including Attu Island):
    (i) Season: April 2-July 15 and August 16-August 31.
    (ii) Closure: July 16-August 15.
    (b) Yukon/Kuskokwim Delta region. (1) Season: April 2-August 31.
    (2) Closure: 30-day closure dates to be announced by the Service's 
Alaska Regional Director or his designee, after consultation with field 
biologists and the Association of Village Council President's Waterfowl 
Conservation Committee. This 30-day period will occur between June 1 and 
August 15 of each year. A press release announcing the actual closure 
dates will be forwarded to regional newspapers and radio and television 
stations.
    (3) Special Black Brant Season Hunting Closure: From the period when 
egg laying begins until young birds are fledged. Closure dates to be 
announced by the Service's Alaska Regional Director or his designee, 
after consultation with field biologists and the Association of Village 
Council President's Waterfowl Conservation Committee. A press release 
announcing the actual closure dates will be forwarded to regional 
newspapers and radio and television stations.
    (c) Bristol Bay region. (1) Season: April 2-June 14 and July 16-
August 31 (general season); April 2-July 15 for seabird egg gathering 
only.
    (2) Closure: June 15-July 15 (general season); July 16-August 31 
(seabird egg gathering).

[[Page 696]]

    (d) Bering Strait/Norton Sound region. (1) Stebbins/St. Michael Area 
(Point Romanof to Canal Point):
    (i) Season: April 15-June 14 and July 16-August 31.
    (ii) Closure: June 15-July 15.
    (2) Remainder of the region:
    (i) Season: April 2-June 14 and July 16-August 31 for waterfowl; 
April 2-July 19 and August 21-August 31 for all other birds.
    (ii) Closure: June 15-July 15 for waterfowl; July 20-August 20 for 
all other birds.
    (e) Kodiak Archipelago region, except for the Kodiak Island roaded 
area, which is closed to the harvesting of migratory birds and their 
eggs. The closed area consists of all lands and waters (including 
exposed tidelands) east of a line extending from Crag Point in the north 
to the west end of Saltery Cove in the south and all lands and water 
south of a line extending from Termination Point along the north side of 
Cascade Lake extending to Anton Larsen Bay. Marine waters adjacent to 
the closed area are closed to harvest within 500 feet from the water's 
edge. The offshore islands are open to harvest.
    (1) Season: April 2-June 30 and July 31-August 31 for seabirds; 
April 2-June 20 and July 22-August 31 for all other birds.
    (2) Closure: July 1-July 30 for seabirds; June 21-July 21 for all 
other birds.
    (f) Northwest Arctic region. (1) Season: April 2-June 14 and July 
16-August 31 (hunting in general); waterfowl egg gathering April 2-June 
14 only; seabird egg gathering May 20-July 12 only; hunting molting/non-
nesting waterfowl July 1-July 15 only.
    (2) Closure: June 15-July 15, except for the taking of seabird eggs 
and molting/non-nesting waterfowl as provided in paragraph (f)(1) of 
this section.
    (g) North Slope region. (1) Southern Unit (Southwestern North Slope 
regional boundary east to Peard Bay, everything west of the longitude 
line 158[deg]30[min] W and south of the latitude line 70[deg]45[min] N 
to the west bank of the Ikpikpuk River, and everything south of the 
latitude line 69[deg]45[min] N between the west bank of the Ikpikpuk 
River to the east bank of Sagavinirktok River):
    (i) Season: April 2-June 29 and July 30-August 31 for seabirds; 
April 2-June 19 and July 20-August 31 for all other birds.
    (ii) Closure: June 30-July 29 for seabirds; June 20-July 19 for all 
other birds.
    (iii) Special Black Brant Hunting Opening: From June 20-July 5. The 
open area consists of the coastline, from mean high water line outward 
to include open water, from Nokotlek Point east to longitude line 
158[deg]30[min] W. This includes Peard Bay, Kugrua Bay, and Wainwright 
Inlet, but not the Kuk and Kugrua river drainages.
    (2) Northern Unit (At Peard Bay, everything east of the longitude 
line 158[deg]30[min] W and north of the latitude line 70[deg]45[min] N 
to west bank of the Ikpikpuk River, and everything north of the latitude 
line 69[deg]45[min] N between the west bank of the Ikpikpuk River to the 
east bank of Sagavinirktok River):
    (i) Season: April 2-June 6 and July 7-August 31 for king and common 
eiders; April 2-June 15 and July 16-August 31 for all other birds.
    (ii) Closure: June 7-July 6 for king and common eiders; June 16-July 
15 for all other birds.
    (3) Eastern Unit (East of eastern bank of the Sagavanirktok River):
    (i) Season: April 2-June 19 and July 20-August 31.
    (ii) Closure: June 20-July 19.
    (4) All Units: yellow-billed loons. Annually, up to 20 yellow-billed 
loons total for the region inadvertently entangled in subsistence 
fishing nets in the North Slope Region may be kept for subsistence use.
    (5) North Coastal Zone (Cape Thompson north to Point Hope and east 
along the Arctic Ocean coastline around Point Barrow to Ross Point, 
including Iko Bay, and 5 miles inland).
    (i) No person may at any time, by any means, or in any manner, 
possess or have in custody any migratory bird or part thereof, taken in 
violation of subparts C and D of this part.
    (ii) Upon request from a Service law enforcement officer, hunters 
taking, attempting to take, or transporting migratory birds taken during 
the subsistence harvest season must present them to the officer for 
species identification.

[[Page 697]]

    (h) Interior region. (1) Season: April 2-June 14 and July 16-August 
31; egg gathering May 1-June 14 only.
    (2) Closure: June 15-July 15.
    (i) Upper Copper River region (Harvest Area: Game Management Units 
11 and 13) (Eligible communities: Gulkana, Chitina, Tazlina, Copper 
Center, Gakona, Mentasta Lake, Chistochina and Cantwell).
    (1) Season: April 15-May 26 and June 27-August 31.
    (2) Closure: May 27-June 26.
    (3) The Copper River Basin communities listed above also documented 
traditional use harvesting birds in Game Management Unit 12, making them 
eligible to hunt in this unit using the seasons specified in paragraph 
(h) of this section.
    (j) Gulf of Alaska region. (1) Prince William Sound Area West 
(Harvest area: Game Management Unit 6[D]), (Eligible Chugach 
communities: Chenega Bay, Tatitlek):
    (i) Season: April 2-May 31 and July 1-August 31.
    (ii) Closure: June 1-30.
    (2) Prince William Sound Area East (Harvest area: Game Management 
Units 6[B]and [C]--Barrier Islands between Strawberry Channel and 
Softtuk Bar), (Eligible Chugach communities: Cordova, Tatitlek, and 
Chenega Bay):
    (i) Season: April 2-April 30 (hunting); May 1-May 31 (gull egg 
gathering).
    (ii) Closure: May 1-August 31 (hunting); April 2-30 and June 1-
August 31 (gull egg gathering).
    (iii) Species Open for Hunting: Greater white-fronted goose; snow 
goose; gadwall; Eurasian and American wigeon; blue-winged and green-
winged teal; mallard; northern shoveler; northern pintail; canvasback; 
redhead; ring-necked duck; greater and lesser scaup; king and common 
eider; harlequin duck; surf, white-winged, and black scoter; long-tailed 
duck; bufflehead; common and Barrow's goldeneye; hooded, common, and 
red-breasted merganser; and sandhill crane. Species open for egg 
gathering: glaucous-winged, herring, and mew gulls.
    (iv) Use of Boats/All-Terrain Vehicles: No hunting from motorized 
vehicles or any form of watercraft.
    (v) Special Registration: All hunters or egg gatherers must possess 
an annual permit, which is available from the Cordova offices of the 
Native Village of Eyak and the U.S. Forest Service.
    (3) Kachemak Bay Area (Harvest area: Game Management Unit 15[C] 
South of a line connecting the tip of Homer Spit to the mouth of Fox 
River) (Eligible Chugach Communities: Port Graham, Nanwalek):
    (i) Season: April 2-May 31 and July 1-August 31.
    (ii) Closure: June 1-30.
    (k) Cook Inlet (Harvest area: portions of Game Management Unit 16[B] 
as specified below) (Eligible communities: Tyonek only):
    (1) Season: April 2-May 31--That portion of Game Management Unit 
16(B) south of the Skwentna River and west of the Yentna River, and 
August 1-31--That portion of Game Management Unit 16(B) south of the 
Beluga River, Beluga Lake, and the Triumvirate Glacier.
    (2) Closure: June 1-July 31.
    (l) Southeast Alaska. (1) Community of Hoonah (Harvest area: 
National Forest lands in Icy Strait and Cross Sound, including Middle 
Pass Rock near the Inian Islands, Table Rock in Cross Sound, and other 
traditional locations on the coast of Yakobi Island. The land and waters 
of Glacier Bay National Park remain closed to all subsistence harvesting 
(50 CFR part 100.3(a)):
    (i) Season: glaucous-winged gull egg gathering only: May 15-June 30.
    (ii) Closure: July 1-August 31.
    (2) Communities of Craig and Hydaburg (Harvest area: small islands 
and adjacent shoreline of western Prince of Wales Island from Point 
Baker to Cape Chacon, but also including Coronation and Warren islands):
    (i) Season: glaucous-winged gull egg gathering only: May 15-June 30.
    (ii) Closure: July 1-August 31.
    (3) Community of Yakutat (Harvest area: Icy Bay (Icy Cape to Point 
Riou), and coastal lands and islands bordering the Gulf of Alaska from 
Point Manby southeast to and including Dry Bay):
    (i) Season: glaucous-winged gull egg gathering: May 15-June 30.
    (ii) Closure: July 1-August 31.

[84 FR 12951, Apr. 3, 2019, as amended at 85 FR 18459, Apr. 2, 2020]

[[Page 698]]



Sec.92.32  Emergency regulations to protect Steller's eiders.

    Upon finding that continuation of these subsistence regulations 
would pose an imminent threat to the conservation of threatened 
Steller's eiders (Polysticta stelleri), the U.S. Fish and Wildlife 
Service Alaska Regional Director, in consultation with the Co-management 
Council, will immediately under Sec.92.21 take action as is necessary 
to prevent further take. Regulation changes implemented could range from 
a temporary closure of duck hunting in a small geographic area to large-
scale regional or statewide long-term closures of all subsistence 
migratory bird hunting. These closures or temporary suspensions will 
remain in effect until the Regional Director, in consultation with the 
Co-management Council, determines that the potential for additional 
Steller's eiders to be taken no longer exists.

[84 FR 12952, Apr. 3, 2019]



Sec. Sec.92.33-92.39  [Reserved]

[[Page 699]]



                SUBCHAPTER H_NATIONAL WILDLIFE MONUMENTS



                         PARTS 96	99 [RESERVED]



PART 100_SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN ALASKA
--Table of Contents



                      Subpart A_General Provisions

Sec.
100.1 Purpose.
100.2 Authority.
100.3 Applicability and scope.
100.4 Definitions.
100.5 Eligibility for subsistence use.
100.6 Licenses, permits, harvest tickets, tags, and reports.
100.7 Restriction on use.
100.8 Penalties.
100.9 Information collection requirements.

                       Subpart B_Program Structure

100.10 Federal Subsistence Board.
100.11 Regional advisory councils.
100.12 Local advisory committees.
100.13 Board/agency relationships.
100.14 Relationship to State procedures and regulations.
100.15 Rural determination process.
100.16 Customary and traditional use determination process.
100.17 Determining priorities for subsistence uses among rural Alaska 
          residents.
100.18 Regulation adoption process.
100.19 Special actions.
100.20 Request for reconsideration.
100.21 [Reserved]

                     Subpart C_Board Determinations

100.22 Subsistence resource regions.
100.23 Rural determinations.
100.24 Customary and traditional use determinations.

            Subpart D_Subsistence Taking of Fish and Wildlife

100.25 Subsistence taking of fish, wildlife, and shellfish: general 
          regulations.
100.26 Subsistence taking of wildlife.
100.27 Subsistence taking of fish.
100.28 Subsistence taking of shellfish.

    Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C. 3551-
3586; 43 U.S.C. 1733.



                      Subpart A_General Provisions

    Source: 67 FR 30563, May 7, 2002, unless otherwise noted.



Sec.100.1  Purpose.

    The regulations in this part implement the Federal Subsistence 
Management Program on public lands within the State of Alaska.



Sec.100.2  Authority.

    The Secretary of the Interior and Secretary of Agriculture issue the 
regulations in this part pursuant to authority vested in Title VIII of 
the Alaska National Interest Lands Conservation Act (ANILCA), 16 U.S.C. 
3101-3126.



Sec.100.3  Applicability and scope.

    (a) The regulations in this part implement the provisions of Title 
VIII of ANILCA relevant to the taking of fish and wildlife on public 
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 portion of Denali National Park 
established as Mt. McKinley National Park prior to passage of ANILCA, 
where subsistence taking and uses are prohibited. The regulations in 
this part do not supersede agency-specific regulations.
    (b) The regulations contained in this part apply on all public 
lands, including all 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 700]]

in Public Land Order 1182, dated July 7, 1955 (U.S. Survey 21539);
    (iii) Afognak Island Subunit: All 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 Latitude 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[deg]10[min] North Latitude and 145[deg]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[deg]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, including the:
    (i) Makhnati Island Area: Land and waters beginning at the southern 
point of Fruit Island, 57[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, 2,500 feet, to the southern 
point of Nepovorotni Rocks; S 83[deg] W, 5,600 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, 4,200 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, 3,000 feet, to a point, 57[deg]03[min]15[sec] north latitude, 
134[deg]23[min]07[sec] west longitude; East, 2,900 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. 1,496 to angle point No. 35, on the southwestern point 
of Japonski Island; S 60[deg] E, 3,300 feet, along the boundary line of 
Naval reservation described in Executive Order No. 8216, July 25, 1939, 
to the point of beginning, and that part of Sitka Bay lying south of 
Japonski Island and west of the main channel, but not including Aleutski 
Island as revoked in Public Land Order 925, October 27, 1953, described 
by metes and bounds as follows: Beginning at the southeast point of 
Japonski Island at angle point No. 7 of the meanders of U.S. Survey No. 
1496; thence east approximately 12.00 chains to the center of the main 
channel; thence S 45[deg] E. along the main channel approximately 20.00 
chains; thence S 45[deg] W, approximately 9.00 chains to the 
southeastern point of Aleutski Island; thence S 79[deg] W, approximately 
40.00 chains to the southern point of Fruit Island; thence N 60[deg] W, 
approximately 50.00 chains to the southwestern point of Japonski Island 
at angle point No. 35 of U.S. Survey No. 1496; thence easterly with the 
meanders of Japonski Island to the point of beginning including 
Charcoal,

[[Page 701]]

Harbor, Alice, Love, and Fruit islands and a number of smaller unnamed 
islands.
    (ii) Tongass National Forest:
    (A) Beacon Point, Frederick Sound, and Kupreanof Island are shown on 
the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The 
reference location is marked as 57 south, 79 east, CRM, SEC 8, U.S. 
Survey No. 1604. The point begins on the low-water line at N 63[deg] W, 
true and approximately 1,520 feet from Beacon Point beacon; thence due 
south true 1,520 feet; thence true East 1,800 feet, more or less to an 
intersection with a low-water line; thence following, is the low-water 
line round the point to point of the beginning (Approx. Long. 
133[deg]00[min] W, Lat. 56[deg]56\1/4\[min] N).
    (B) Bushy Island and Snow Passage are shown on the U.S. Coast and 
Geodetic Survey Chart, labeled No. 8160--Sheet No. 12. The reference 
location is marked as 64 south, 80 east, CRM, SEC. 31/32 on the map 
labeled, USS 1607. The point begins on a low-water line about \1/4\ 
nautical miles and southwesterly from the northwest point of the island, 
from which a left tangent to an island that is 300 yards in diameter and 
100 yards offshore, bears the location--N 60[deg] W, true; thence S 
60[deg] E, true and more or less 2,000 feet to an intersection with a 
low-water line on the easterly side of the island; thence forward along 
the winding of the low-water line northwesterly and southwesterly to the 
point of the beginning, including all adjacent rocks and reefs not 
covered at low water (Approx. Long. 132[deg]58[min] W, Lat. 56[deg]16\1/
2\[min] N).
    (C) Cape Strait, Frederick Sound, and Kupreanof Island are shown on 
the U.S. Coast and Geodetic Survey Chart No. 8210--Sheet No. 16. The 
reference location is marked as 56 south, 77478 east, CRM, on the map 
labeled as USS 1011. It begins at a point on a low-water line that is 
westerly from the lighthouse and distant 1,520 feet in a direct line 
from the center of the concrete pier upon which the light tower is 
erected; thence South 45[deg] E, true by 1,520 feet; thence east true by 
1,520 feet, more or less to an intersection with the low-water line; 
thence north-westerly and westerly, following the windings of the low-
water line to the point of beginning (Approx. Long. 133[deg]05[min] W, 
Lat. 57[deg]00[min] N).
    (D) Point Colpoys and Sumner Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8160--Prince of Wales Island--Sheet No. 12. 
The reference location is marked as 64 south, 78 east, CRM, SECs. 10, 
11, 12 on the map labeled as USS 1634. Location is north of a true east-
and-west line running across the point to 1,520 feet true south from the 
high-water line at the northernmost extremity. Map includes all adjacent 
rocks and ledges not covered at low water and also includes two rocks 
awash about 1\1/4\ nautical miles east and South and 75[deg] East, 
respectively, from the aforementioned point (Approx. Long. 
133[deg]12[min] W, Lat. 56[deg]20[min] N).
    (E) Vank Island and Stikine Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8160--Sheet No. 18. Located at 62 south, 82 
east, CRM, SEC 34, on the map labeled as USS 1648. This part of the 
island is lying south of a true east-and-west line that is drawn across 
the island from low water to low water. Island is 760 feet due North 
from the center of the concrete pier upon which the structure for the 
light is erected (Approx. Long. 132[deg]35[min] W, Lat. 56[deg]27[min] 
N).
    (F) High Point, and Woronkofski Island, Alaska, are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8160--Sheet No. 18. The 
location begins at a point on low water at the head of the first bight 
easterly of the point and about \1/8\ nautical mile distant therefrom; 
thence south true 1,520 feet; thence west true 1,100 feet, more or less 
to an intersection with the low-water line; thence northerly and 
easterly, following the windings of the low-water line to point of the 
beginning (Approx. Long. 132[deg]33[min] W, Lat. 56[deg]24[min] N).
    (G) Key Reef and Clarence Strait are shown on the U.S Coast and 
Geodetic Survey Chart No. 8160--Sheet No. 11. The reef lies 1\3/4\ miles 
S. 80[deg] E, true, from Bluff Island and becomes awash at extreme high 
water. Chart includes all adjacent ledges and rocks not covered at low 
water (Approx. Long. 132[deg]50[min] W, Lat. 56[deg]10[min] N).
    (H) Low Point and Zarembo Island, Alaska, are shown on U.S. Coast 
and Geodetic Survey Chart No. 8160--Sheet No. 22. The location begins at 
a point

[[Page 702]]

on a low-water line that is 760 feet in a direct line, easterly, from 
the center of Low Point Beacon. The position is located on a point of 
shoreline about 1 mile easterly from Low Point; thence S. 35[deg] W, 
true 760 feet; thence N 800 feet and W 760 feet, more or less, to an 
intersection with the low-water line to the point of beginning (Approx. 
Long. 132[deg]55\1/2\[min] W, Lat. 56[deg]27\1/2\[min] N).
    (I) McNamara Point and Zarembo Island, Alaska, are shown on U.S. 
Coast and Geodetic Survey Chart No. 8160--Sheet No. 25. Location begins 
at a point on a low-water line that is 1,520 feet in a direct line, 
northerly, from McNamara Point Beacon-- a slatted tripod structure; 
thence true east 1,520 feet; thence true south, more or less, 2,500 feet 
to an intersection with the low-water line; thence northwesterly and 
northerly following the windings of the low-water line to the point of 
the beginning (Approx. Long. 133[deg]04[min] W, Lat. 56[deg]20[min] N).
    (J) Mountain Point and Wrangell Narrows, Alaska, are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8170--Sheet No. 27. The 
location begins at a point on a low-water line southerly from the center 
of Mountain Point Beacon and distant there from 1,520 feet in a direct 
line; thence true west 1,520 feet; thence true north, more or less, 
3,480 feet to an intersection with the low-water line; thence 
southeasterly and southerly following the windings of the low-water line 
to the point of the beginning (Approx. Long. 132[deg]57\1/2\[min] W, 
Lat. 56[deg]44[min] N).
    (K) Angle Point, Revillagigedo Channel, and Bold Island are shown on 
the U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The 
reference location is marked as 76 south, 92 east, CRM, USS 1603. The 
location begins at a point on a low-water line abreast of the lighthouse 
on Angle Point, the southwestern extremity of Bold Island; thence 
easterly along the low-water line to a point that is 3,040 feet in a 
straight line from the beginning point; thence N 30[deg] W, True 3,040 
feet; thence true west to an intersection with the low-water line, 3,000 
feet, more or less; thence southeasterly along the low-water line to the 
point of the beginning (Approx. Long. 131[deg]26[min] W, Lat. 
55[deg]14[min] N).
    (L) Cape Chacon, Dixon Entrance, and Prince of Wales Island are 
shown on the U.S Coast and Geodetic Survey Chart No. 8074--Sheet No. 29. 
The reference location is marked as 83 south, 89 and 90 east, CRM, USS 
1608. The location begins at a point at the low-water mark on the shore 
line of Dixon Entrance from which the southern extremity of Cape Chacon 
bears south 64[deg] true East and approximately \3/4\ nautical miles; 
thence N 45[deg] true East and about 1 nautical mile, more or less, to 
an intersection with a low-water line on the shore of Clarence Strait; 
thence southerly, following the meanderings of the low-water line of the 
shore, to and around Cape Chacon, and continuing to the point of the 
beginning. Reference includes all adjacent islands, islets, rocks, and 
reefs that are not covered at the low-water line (Approx. Long 132[deg] 
W, Lat. 54[deg]42[min] N).
    (M) Lewis Reef and Tongass Narrows are shown on the U.S Coast and 
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is 
marked as 75 south, 90 east, CRM, SEC 9. The area point begins at the 
reef off of Lewis Point and partly bare at low water. This part of the 
reef is not covered at low water and lies on the northeast side of a 
true northwest-and-southeast line that is located 300 feet true 
southwest from the center of the concrete pier of Lewis Reef Light 
(Approx. Long. 131[deg]44\1/2\[min] W, Lat. 55[deg]22[min]25[sec] N).
    (N) Lyman Point and Clarence Strait are shown on the U.S Coast and 
Geodetic Survey, Chart No. 8076--Sheet No. 8. The reference location is 
marked as 73 south, 86 east, CRM, SEC 13, on a map labeled as USS 2174 
TRC. It begins at a point at the low-water mark. The aforementioned 
point is 300 feet in a direct line easterly from Lyman Point light; 
thence due south 300 feet; thence due west to a low-water mark 400 feet, 
more or less; thence following the winding of the low-water mark to 
place of beginning (Approx. Long. 132[deg]18[min] W, Lat. 35[deg]35[min] 
N).
    (O) Narrow Point, Clarence Strait, and Prince of Wales Island are 
shown on the U.S. Coast and Geodetic Survey Chart No. 8100--Sheet No. 9. 
The reference location is marked as 70 south, 84 east, CRM, on a map 
labeled as USS 1628. The point begins at a point on a

[[Page 703]]

low-water line about 1 nautical mile southerly from Narrow Point Light, 
from which point a left tangent to a high-water line of an islet about 
500 yards in diameter and about 300 yards off shore, bears south 30[deg] 
true East; thence north 30[deg] W, true 7,600 feet; thence N 60[deg] E, 
3,200 feet, more or less to an intersection with a low-water line; 
thence southeasterly, southerly, and southwesterly, following the 
winding of the low-water line to the point of the beginning. The map 
includes all adjacent rocks not covered at low water (Approx. Long. 
132[deg]28[min] W, Lat. 55[deg]47\1/2\[min] N).
    (P) Niblack Point, Cleveland Peninsula, and Clarence Strait, Alaska, 
are shown on the U.S. coast and Geodetic Survey Chart No. 8102--Sheet 
No. 6, which is the same sheet used for Caamano Point. The location 
begins at a point on a low-water line from which Niblack Point Beacon, a 
tripod anchored to three concrete piers, bears southeasterly and is 
1,520 feet in a direct line; thence true northeast 1,520 feet; thence 
true southeast 3,040 feet; thence true southwest at 600 feet, more or 
less, to an intersection with a low-water line; thence northwesterly 
following the windings of the low-water line to the point of the 
beginning (Approx. Long. 132[deg]07[min] W, Lat. 55[deg]33[min] N).
    (Q) Rosa Reef and Tongass Narrows are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8094--Sheet No. 71. The reference location is 
marked as 74 south, 90 east, CRM, SEC 31. That part of the reef is not 
covered at low water and lies east of a true north-and-south line, 
located 600 feet true west from the center of the concrete pier of Rosa 
Reef Light. The reef is covered at high water (Approx. Long. 
131[deg]48[min] W, Lat. 55[deg]24[min] 15[sec] N).
    (R) Ship Island and Clarence Strait are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8100--Sheet No. 9. The reference location is 
marked as south, 8 east, CRM, SEC 27. The point begins as a small island 
on the northwesterly side of the Clarence Strait, about 10 nautical 
miles northwesterly from Caamano Point and \1/4\ mile off the shore of 
Cleveland Peninsula. The sheet includes all adjacent islets and rocks 
not connected to the main shore and not covered at low water (Approx. 
Long. 132[deg]12[min] W, Lat. 55[deg]36[min] N).
    (S) Spire Island Reef and Revillagigedo Channel are shown on the 
U.S. Coast and Geodetic Survey Chart No. 8075--Sheet No. 3. The 
reference location is marked as 76 south, 92 east, CRM, SEC 19.The 
detached reef, covered at high water and partly bare at low water, is 
located northeast of Spire Island. Spire Island Light is located on the 
reef and consists of small houses and lanterns surmounting a concrete 
pier. See chart for ``Angle Pt.'' (Approx. Long 131[deg]30[min] W, Lat. 
55[deg]16[min] N).
    (T) Surprise Point and Nakat Inlet are shown on the U.S. Coast and 
Geodetic Survey Chart No. 8051--Sheet No. 1. The reference location is 
marked as 80 south, 89 east, CRM. This point lies north of a true east-
and-west line. The true east-and-west line lies 3,040 feet true south 
from the northernmost extremity of the point together with adjacent 
rocks and islets (Approx. Long. 130[deg]44[min] W, Lat. 54[deg]49[min] 
N).
    (U) Caamano Point, Cleveland Peninsula, and Clarence Strait, Alaska, 
are shown on the U.S. Coast and Geodetic Survey Chart No. 8102--Sheet 
No. 6. Location consists of everything apart of the extreme south end of 
the Cleveland Peninsula lying on a south side of a true east-and-west 
line that is drawn across the point at a distance of 800 feet true north 
from the southernmost point of the low-water line. This includes off-
lying rocks and islets that are not covered at low water (Approx. Long. 
131[deg]59[min] W, Lat. 55[deg]30[min] N).
    (V) Meyers Chuck and Clarence Strait, Alaska, are shown on the U.S. 
and Geodetic Survey Chart No. 8124--Sheet No. 26. The small island is 
about 150 yards in diameter and located about 200 yards northwest of 
Meyers Island (Approx. Long. 132[deg]16[min] W, Lat. 55[deg]44\1/2\[min] 
N).
    (W) Round Island and Cordova Bay, Alaska, are shown on the U.S coast 
and Geodetic Survey Chart No. 8145--Sheet No. 36. The Southwestern 
Island of the group is about 700 yards long, including off-lying rocks 
and reefs that are not covered at low water (Approx. Long. 132[deg]30\1/
2\[min] W, Lat. 54[deg]46 1/2[min] N).
    (X) Mary Island begins at a point that is placed at a low-water 
mark.

[[Page 704]]

The aforementioned point is southward 500 feet from a crosscut on the 
side of a large rock on the second point below Point Winslow and Mary 
Island; thence due west \3/4\ mile, statute; thence due north to a low-
water mark; thence following the winding of the low water to the place 
of the beginning (Approx. Long. 131[deg]11[min] 00[sec] W, Lat. 
55[deg]05[min] 55[sec] N).
    (Y) Tree Point starts a point of a low-water mark. The 
aforementioned point is southerly \1/2\ mile from extreme westerly point 
of a low-water mark on Tree Point, on the Alaska Mainland; thence due 
true east, \3/4\ mile; thence due north 1 mile; thence due west to a 
low-water mark; thence following the winding of the low-water mark to 
the place of the beginning (Approx. Long. 130[deg]57[min] 44[sec] W, 
Lat. 54[deg]48[min] 27[sec] N).
    (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;
(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 at 71 FR 49999, Aug. 24, 2006; 
74 FR 34696, July 17, 2009; 83 FR 23817, May 23, 2018]



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.)

[[Page 705]]

    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 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

[[Page 706]]

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 
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

[[Page 707]]

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
    (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

[[Page 708]]

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 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 the Service's Information Collection 
Clearance Officer at the address provided at 50 CFR 2.1(b). 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.

[67 FR 30563, May 7, 2002, as amended at 79 FR 43968, July 29, 2014]



                       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

[[Page 709]]

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; two public members who possess personal 
knowledge of and direct experience with subsistence uses in rural Alaska 
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, U.S. Forest Service; the Alaska State 
Director, Bureau of Land Management; and the Alaska Regional Director, 
Bureau of Indian Affairs. Each Federal agency 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 five members.
    (3) No action may be taken unless a majority of voting members are 
in agreement.
    (4) The Board is empowered, to the extent necessary, to implement 
Title VIII of ANILCA, to:
    (i) Issue regulations for the management of subsistence taking and 
uses of fish and wildlife on public lands;
    (ii) Determine which communities or areas of the State are rural or 
non-rural;
    (iii) Determine which rural Alaska areas or communities have 
customary and traditional subsistence uses of specific fish and wildlife 
populations;
    (iv) Allocate subsistence uses of fish and wildlife populations on 
public lands;
    (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) Restrict the taking of fish and wildlife on public lands for 
nonsubsistence uses or close public lands to the take of fish and 
wildlife for nonsubsistence uses when necessary for the conservation of 
healthy populations of fish or wildlife, to continue subsistence uses of 
fish or wildlife, or for reasons of public safety or administration. The 
Board may also reopen public lands to nonsubsistence uses if new 
information or changed conditions indicate that the closure is no longer 
warranted;
    (vii) Restrict the taking of a particular fish or wildlife 
population on public lands for subsistence uses, close public lands to 
the take of fish and wildlife for subsistence uses, or otherwise modify 
the requirements for take from a particular fish or wildlife population 
on public lands for subsistence uses when necessary to ensure the 
continued viability of a fish or wildlife population, or for reasons of 
public safety or administration. As soon as conditions warrant, the 
Board may also reopen public lands to the taking of a fish and wildlife 
population for subsistence users to continue those uses;
    (viii) Establish priorities for the subsistence taking of fish and 
wildlife on public lands among rural Alaska residents;
    (ix) Restrict or eliminate taking of fish and wildlife on public 
lands;
    (x) Determine what types and forms of trade of fish and wildlife 
taken for subsistence uses constitute allowable customary trade;
    (xi) Authorize the Regional Councils to convene;
    (xii) Establish a Regional Council in each subsistence resource 
region and recommend to the Secretaries, appointees to the Regional 
Councils, pursuant to the FACA;

[[Page 710]]

    (xiii) 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;
    (xiv) Establish rules and procedures for the operation of the Board, 
and the Regional Councils;
    (xv) Review and respond to proposals for regulations, management 
plans, policies, and other matters related to subsistence taking and 
uses of fish and wildlife;
    (xvi) 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;
    (xvii) Develop alternative permitting processes relating to the 
subsistence taking of fish and wildlife to ensure continued 
opportunities for subsistence;
    (xviii) 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;
    (xix) 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
    (xx) Take other actions authorized by the Secretaries to implement 
Title VIII of ANILCA.
    (5) The Board may implement one or more of the following harvest and 
harvest reporting or permit systems:
    (i) The fish and wildlife is taken by an individual who is required 
to obtain and possess pertinent State harvest permits, tickets, or tags, 
or Federal permit (Federal Subsistence Registration Permit);
    (ii) A qualified subsistence user may designate another qualified 
subsistence user (by using the Federal Designated Harvester Permit) to 
take fish and wildlife on his or her behalf;
    (iii) The fish and wildlife is taken by individuals or community 
representatives permitted (via a Federal Subsistence Registration 
Permit) a one-time or annual harvest for special purposes including 
ceremonies and potlatches; or
    (iv) The fish and wildlife is taken by representatives of a 
community permitted to do so in a manner consistent with the community's 
customary and traditional practices.
    (6) The Board may delegate to agency field officials the authority 
to set harvest 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

[[Page 711]]

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.

[67 FR 30563, May 7, 2002, as amended at 75 FR 63092, Oct. 14, 2010; 76 
FR 56114, Sept. 12, 2011]



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:
    (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;

[[Page 712]]

    (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 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

[[Page 713]]

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 determines which areas or communities in Alaska are 
nonrural. Current determinations are listed at Sec.100.23.
    (b) All other communities and areas are, therefore, rural.

[80 FR 68253, Nov. 4, 2015]



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

[[Page 714]]

Council regarding customary and traditional uses of subsistence 
resources.
    (d) Current determinations are listed in Sec.100.24.



Sec.100.17  Determining priorities for subsistence uses among rural
Alaska residents.

    (a) Whenever it is necessary to restrict the subsistence taking of 
fish and wildlife on public lands in order to protect the continued 
viability of such populations, or to continue subsistence uses, the 
Board shall establish a priority among the rural Alaska residents after 
considering any recommendation submitted by an appropriate Regional 
Council.
    (b) The priority shall be implemented through appropriate 
limitations based on the application of the following criteria to each 
area, community, or individual determined to have customary and 
traditional use, as necessary:
    (1) Customary and direct dependence upon the populations as the 
mainstay of livelihood;
    (2) Local residency; and
    (3) The availability of alternative resources.
    (c) If allocation on an area or community basis is not achievable, 
then the Board shall allocate subsistence opportunity on an individual 
basis through application of the criteria in paragraphs (b)(1) through 
(3) of this section.
    (d) In addressing a situation where prioritized allocation becomes 
necessary, the Board shall solicit recommendations from the Regional 
Council in the area affected.



Sec.100.18  Regulation adoption process.

    (a) The Board will accept proposals for changes to the Federal 
subsistence regulations in subparts C or D of this part according to a 
published schedule, except for proposals for emergency and temporary 
special actions, which the Board will accept according to procedures set 
forth in Sec.100.19. 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 will develop and publish 
proposed regulations in the Federal Register, publish notice in local 
newspapers, and distribute comments on the proposed regulations in the 
form of proposals 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.

[67 FR 30563, May 7, 2002, as amended at 75 FR 63092, Oct. 14, 2010]



Sec.100.19  Special actions.

    (a) Emergency special actions. In an emergency situation, if 
necessary to ensure the continued viability of a fish or wildlife 
population, to continue subsistence uses of fish or wildlife, or for 
public safety reasons, the Board may immediately open or close public 
lands

[[Page 715]]

for the taking of fish and wildlife for subsistence uses, or modify the 
requirements for take for subsistence uses, or close public lands to 
take for nonsubsistence uses of fish and wildlife, or restrict the 
requirements for take for nonsubsistence uses.
    (1) If the timing of a regularly scheduled meeting of the affected 
Regional Council so permits without incurring undue delay, the Board may 
seek Council recommendations on the proposed emergency special action. 
Such a Council recommendation, if any, will be subject to the 
requirements of Sec.100.18(a)(4).
    (2) The emergency action will be effective when directed by the 
Board, may not exceed 60 days, and may not be extended unless the 
procedures for adoption of a temporary special action, as set forth in 
paragraph (b) of this section, have been followed.
    (b) Temporary special actions. After adequate notice and public 
hearing, the Board may temporarily close or open public lands for the 
taking of fish and wildlife for subsistence uses, or modify the 
requirements for subsistence take, or close public lands for the taking 
of fish and wildlife for nonsubsistence uses, or restrict take for 
nonsubsistence uses.
    (1) The Board may make such temporary changes only after it 
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 nonsubsistence 
users. The Board may also reopen public lands to nonsubsistence uses if 
new information or changed conditions indicate that the closure is no 
longer warranted.
    (i) Prior to implementing a temporary special action, the Board will 
consult with the State of Alaska and the Chairs of the Regional Councils 
of the affected regions.
    (ii) If the timing of a regularly scheduled meeting of the affected 
Regional Council so permits without incurring undue delay, the Board 
will seek Council recommendations on the proposed temporary special 
action. Such Council recommendations, if any, will be subject to the 
requirements of Sec.100.18(a)(4).
    (2) The length of any temporary action will be confined to the 
minimum time period or harvest limit determined by the Board to be 
necessary under the circumstances. In any event, a temporary opening or 
closure will not extend longer than the end of the current regulatory 
cycle.
    (c) The Board may reject a request for either an emergency or a 
temporary special action if the Board concludes that there are no time-
sensitive circumstances necessitating a regulatory change before the 
next regular proposal cycle. However, a special action request that has 
been rejected for this reason may be deferred, if appropriate and after 
consultation with the proponent, for consideration during the next 
regular proposal cycle. The Board will consider changes to customary and 
traditional use determinations in subpart C of this part only during the 
regular proposal cycle.
    (d) The Board will provide notice of all regulatory changes adopted 
via special action by posting the change on the Office of Subsistence 
Management Web site (http://alaska.fws.gov/asm/index.cfml). When 
appropriate, notice may also include distribution of press releases to 
newspapers, local radio stations, and local contacts, as well as direct 
notification to the proponent and interested parties. The Board will 
publish notice and reasons justifying the special action in the Federal 
Register as soon as practicable.
    (e) The decision of the Board on any proposed special action will 
constitute its final administrative action.
    (f) Regulations authorizing any individual agency to implement 
closures or restrictions on public lands managed by the agency remain 
unaffected by the regulations in this part.
    (g) Fish and wildlife may not be taken in violation of any 
restriction, closure, or change authorized by the Board.

[75 FR 63092, Oct. 14, 2010]



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.

[[Page 716]]

    (b) Any aggrieved person may file a request for reconsideration with 
the Board.
    (c) To file a request for reconsideration, you must notify the Board 
in writing within sixty (60) days of the effective date or date of 
publication of the notice, whichever is earlier, for which 
reconsideration is requested.
    (d) It is your responsibility to provide the Board with sufficient 
narrative evidence and argument to show why the action by the Board 
should be reconsidered. The Board will accept a request for 
reconsideration only if it is based upon information not previously 
considered by the Board, demonstrates that the existing information used 
by the Board is incorrect, or demonstrates that the Board's 
interpretation of information, applicable law, or regulation is in error 
or contrary to existing law. You must include the following information 
in your request for reconsideration:
    (1) Your name, and mailing address;
    (2) The action which you request be reconsidered and the date of 
Federal Register publication of that action;
    (3) A detailed statement of how you are adversely affected by the 
action;
    (4) A detailed statement of the facts of the dispute, the issues 
raised by the request, and specific references to any law, regulation, 
or policy that you believe to be violated and your reason for such 
allegation;
    (5) A statement of how you would like the action changed.
    (e) Upon receipt of a request for reconsideration, the Board shall 
transmit a copy of such request to any appropriate Regional Council and 
the Alaska Department of Fish and Game (ADFG) for review and 
recommendation. The Board shall consider any Regional Council and ADFG 
recommendations in making a final decision.
    (f) If the request is justified, the Board shall implement a final 
decision on a request for reconsideration after compliance with 5 U.S.C. 
551-559 (APA).
    (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 at the Alaska 
Regional Office address provided at 50 CFR 2.2(g).

[67 FR 30570, May 7, 2002, as amended at 76 FR 12569, Mar. 8, 2011; 78 
FR 35153, June 12, 2013]



Sec.100.23  Rural determinations.

    (a) The Board has determined all communities and areas to be rural 
in accordance with Sec.100.15 except the following: Fairbanks North 
Star Borough; Homer area--including Homer, Anchor Point, Kachemak City, 
and Fritz Creek; Juneau area--including Juneau, West Juneau, and 
Douglas; Kenai area--including Kenai, Soldotna, Sterling, Nikiski, 
Salamatof, Kalifornsky, Kasilof, and Clam Gulch; Ketchikan area--
including Ketchikan City, Clover Pass, North Tongass Highway, Ketchikan 
East, Mountain Point, Herring Cove, Saxman East, Pennock Island, and 
parts of Gravina Island; Municipality of Anchorage; Seward area--
including Seward and Moose Pass, Valdez, and Wasilla/Palmer area--
including Wasilla, Palmer, Sutton, Big Lake, Houston, and Bodenberg 
Butte.
    (b) You may obtain maps delineating the boundaries of nonrural areas 
from the U.S. Fish and Wildlife Service at

[[Page 717]]

the Alaska Regional Office address provided at 50 CFR 2.2(g), or on the 
Web at https://www.doi.gov/subsistence.

[80 FR 68248, Nov. 4, 2015]



Sec.100.24  Customary and traditional use determinations.

    (a) The Federal Subsistence Board has determined that rural Alaska 
residents of the listed communities, areas, and individuals have 
customary and traditional use of the specified species on Federal public 
land in the specified areas. Persons granted individual customary and 
traditional use determinations will be notified in writing by the Board. 
The Fish & Wildlife Service and the local NPS Superintendent will 
maintain the list of individuals having customary and traditional use on 
National Parks and Monuments. A copy of the list is available upon 
request. When there is a determination for specific communities or areas 
of residence in a Unit, all other communities not listed for that 
species in that Unit have no Federal subsistence priority for that 
species in that Unit. If no determination has been made for a species in 
a Unit, all rural Alaska residents are eligible to harvest fish or 
wildlife under this part.
    (1) Wildlife determinations. The rural Alaska residents of the 
listed communities and areas have a customary and traditional use of the 
specified species on Federal public lands within the listed areas:

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Unit 1C.......................  Black Bear.......  Residents of Units
                                                    1C, 1D, 3, Hoonah,
                                                    Pelican, Point
                                                    Baker, Sitka, and
                                                    Tenakee Springs.
Unit 1A.......................  Brown Bear.......  Residents of Unit 1A,
                                                    excluding residents
                                                    of Hyder.
Unit 1B.......................  Brown Bear.......  Residents of Unit 1A,
                                                    Petersburg, and
                                                    Wrangell, excluding
                                                    residents of Hyder.
Unit 1C.......................  Brown Bear.......  Residents of Unit 1C,
                                                    Haines, Hoonah,
                                                    Kake, Klukwan,
                                                    Skagway, and
                                                    Wrangell, excluding
                                                    residents of
                                                    Gustavus.
Unit 1D.......................  Brown Bear.......  Residents of Unit 1D.
Unit 1........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 1B.......................  Goat.............  Residents of Units 1B
                                                    and 3.
Unit 1C.......................  Goat.............  Residents of Haines,
                                                    Kake, Klukwan,
                                                    Petersburg, and
                                                    Gustavus.
Unit 1B.......................  Moose............  Residents of Units 1,
                                                    2, 3, and 4.
Unit 1C.......................  Moose............  Residents of Units 1,
                                                    2, 3, 4, and 5.
Unit 1D.......................  Moose............  Residents of Unit 1D.
Unit 2........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 3........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 3, Wrangell and Mitkof     Moose............  Residents of Units
 Islands.                                           1B, 2, and 3.
Unit 4........................  Brown Bear.......  Residents of Unit 4
                                                    and Kake.
Unit 4........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 4........................  Goat.............  Residents of Sitka,
                                                    Hoonah, Tenakee,
                                                    Pelican, Funter Bay,
                                                    Angoon, Port
                                                    Alexander, and Elfin
                                                    Cove.
Unit 5........................  Black Bear.......  Residents of Unit 5A.
Unit 5........................  Brown Bear.......  Residents of Yakutat.
Unit 5........................  Deer.............  Residents of Units 1-
                                                    5.
Unit 5........................  Goat.............  Residents of Unit 5A.
Unit 5........................  Moose............  Residents of Unit 5A.
Unit 5........................  Wolf.............  Residents of Unit 5A.
Unit 6A.......................  Black Bear.......  Residents of Yakutat
                                                    and Units 6C and 6D,
                                                    excluding residents
                                                    of Whittier.
Unit 6, remainder.............  Black Bear.......  Residents of Units 6C
                                                    and 6D, excluding
                                                    residents of
                                                    Whittier.
Unit 6........................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 6A.......................  Goat.............  Residents of Units
                                                    5A, 6C, Chenega Bay,
                                                    and Tatitlek.
Unit 6C and Unit 6D...........  Goat.............  Residents of Units 6C
                                                    and D.
Unit 6A.......................  Moose............  Residents of Units
                                                    5A, 6A, 6B, and 6C.
Unit 6B and Unit 6C...........  Moose............  Residents of Units
                                                    6A, 6B, and 6C.
Unit 6D.......................  Moose............  Residents of Unit 6D.
Unit 6A.......................  Wolf.............  Residents of Units
                                                    5A, 6, 9, 10 (Unimak
                                                    Island only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 6, remainder.............  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------
Unit 7........................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 7........................  Caribou..........  Residents of Cooper
                                                    Landing and Hope.

[[Page 718]]

 
Unit 7, Brown Mountain hunt     Goat.............  Residents of Port
 area.                                              Graham and Nanwalek.
Unit 7........................  Moose............  Residents of Chenega
                                                    Bay, Cooper Landing,
                                                    Hope, and Tatitlek.
Unit 7........................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 7........................  Ruffed Grouse....  No Federal
                                                    subsistence
                                                    priority.
------------------------------------------------------------------------
Unit 8........................  Brown Bear.......  Residents of Old
                                                    Harbor, Akhiok,
                                                    Larsen Bay, Karluk,
                                                    Ouzinkie, and Port
                                                    Lions.
Unit 8........................  Deer.............  Residents of Unit 8.
Unit 8........................  Elk..............  Residents of Unit 8.
Unit 8........................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
------------------------------------------------------------------------
Unit 9D.......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 9A and Unit 9B...........  Black Bear.......  Residents of Units
                                                    9A, 9B, 17A, 17B,
                                                    and 17C.
Unit 9A.......................  Brown Bear.......  Residents of Pedro
                                                    Bay.
Unit 9B.......................  Brown Bear.......  Residents of Unit 9B.
Unit 9C.......................  Brown Bear.......  Residents of Unit 9C,
                                                    Igiugig, Kakhonak,
                                                    and Levelock.
Unit 9D.......................  Brown Bear.......  Residents of Units 9D
                                                    and 10 (Unimak
                                                    Island).
Unit 9E.......................  Brown Bear.......  Residents of Chignik,
                                                    Chignik Lagoon,
                                                    Chignik Lake,
                                                    Egegik, Ivanof Bay,
                                                    Perryville, Pilot
                                                    Point, Ugashik, and
                                                    Port Heiden/Meshik.
Unit 9A and Unit 9B...........  Caribou..........  Residents of Units
                                                    9B, 9C, and 17.
Unit 9C.......................  Caribou..........  Residents of Units
                                                    9B, 9C, 17, and
                                                    Egegik.
Unit 9D.......................  Caribou..........  Residents of Unit 9D,
                                                    Akutan, and False
                                                    Pass.
Unit 9E.......................  Caribou..........  Residents of Units
                                                    9B, 9C, 9E, 17,
                                                    Nelson Lagoon, and
                                                    Sand Point.
Unit 9A, Unit 9B, Unit 9C and   Moose............  Residents of Units
 Unit 9E.                                           9A, 9B, 9C, and 9E.
Unit 9D.......................  Moose............  Residents of Cold
                                                    Bay, False Pass,
                                                    King Cove, Nelson
                                                    Lagoon, and Sand
                                                    Point.
Unit 9B.......................  Sheep............  Residents of Iliamna,
                                                    Newhalen, Nondalton,
                                                    Pedro Bay, Port
                                                    Alsworth, and Lake
                                                    Clark National Park
                                                    and Preserve within
                                                    Unit 9B.
Unit 9........................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 9A, Unit 9B, Unit 9C, and  Beaver...........  Residents of Units
 Unit 9E.                                           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.
Unit 10, remainder............  Caribou..........  No Federal
                                                    subsistence
                                                    priority.
Unit 10.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------
Unit 11.......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 11, north of the Sanford   Black Bear.......  Residents of
 River.                                             Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Units 11 and 12.
Unit 11, remainder............  Black Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Nabesna Road
                                                    (mileposts 25-46),
                                                    Slana, Tazlina, Tok
                                                    Cutoff Road
                                                    (mileposts 79-110),
                                                    Tonsina, and Unit
                                                    11.
Unit 11, north of the Sanford   Brown Bear.......  Residents of
 River.                                             Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Units 11 and 12.
Unit 11, remainder............  Brown Bear.......  Residents of
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Nabesna Road
                                                    (mileposts 25-46),
                                                    Slana, Tazlina, Tok
                                                    Cutoff Road
                                                    (mileposts 79-110),
                                                    Tonsina, and Unit
                                                    11.
Unit 11, north of the Sanford   Caribou..........  Residents of Units
 River.                                             11, 12, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.
Unit 11, remainder............  Caribou..........  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
Unit 11.......................  Goat.............  Residents of Unit 11,
                                                    Chitina,
                                                    Chistochina, Copper
                                                    Center, Gakona,
                                                    Glennallen, Gulkana,
                                                    Kenny Lake, Mentasta
                                                    Lake, Slana,
                                                    Tazlina, Tonsina,
                                                    and Dot Lake, Tok
                                                    Cutoff Road
                                                    (mileposts 79-110
                                                    Mentasta Pass), and
                                                    Nabesna Road
                                                    (mileposts 25-46).
Unit 11, north of the Sanford   Moose............  Residents of Units
 River.                                             11, 12, 13A-D,
                                                    Chickaloon, Healy
                                                    Lake, and Dot Lake.

[[Page 719]]

 
Unit 11, remainder............  Moose............  Residents of Units
                                                    11, 13A-D, and
                                                    Chickaloon.
Unit 11, north of the Sanford   Sheep............  Residents of Unit 12,
 River.                                             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).
Unit 11, remainder............  Sheep............  Residents of Chisana,
                                                    Chistochina,
                                                    Chitina, Copper
                                                    Center, Gakona,
                                                    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).
Unit 11.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 11.......................  Grouse (Spruce,    Residents of Units
                                 Blue, Ruffed and   11, 12, 13, and
                                 Sharp-tailed).     Chickaloon, 15, 16,
                                                    20D, 22, and 23.
Unit 11.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 12, 13,
                                 tailed).           Chickaloon, 15, 16,
                                                    20D, 22, and 23.
------------------------------------------------------------------------
Unit 12.......................  Brown Bear.......  Residents of Unit 12,
                                                    Dot Lake,
                                                    Chistochina, Gakona,
                                                    Mentasta Lake, and
                                                    Slana.
Unit 12.......................  Caribou..........  Residents of Unit 12,
                                                    Chistochina, Dot
                                                    Lake, Healy Lake,
                                                    and Mentasta Lake.
Unit 12, that portion within    Moose............  Residents of Units 12
 the Tetlin National Wildlife                       and 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.
Unit 12, that portion east of   Moose............  Residents of Units 12
 the Nabesna River and Nabesna                      and 13C and Healy
 Glacier, and south of the                          Lake.
 Winter Trail running
 southeast from Pickerel Lake
 to the Canadian border.
Unit 12, remainder............  Moose............  Residents of Unit 11
                                                    north of 62nd
                                                    parallel, Units 12
                                                    and 13A-D,
                                                    Chickaloon, Dot
                                                    Lake, and Healy
                                                    Lake.
Unit 12.......................  Sheep............  Residents of Unit 12,
                                                    Chistochina, Dot
                                                    Lake, Healy Lake,
                                                    and Mentasta Lake.
Unit 12.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------
Unit 13.......................  Brown Bear.......  Residents of Unit 13
                                                    and Slana.
Unit 13B......................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road and Tok
                                                    Cutoff Road,
                                                    mileposts 79-110),
                                                    13, 20D (excluding
                                                    residents of Fort
                                                    Greely), and
                                                    Chickaloon.
Unit 13C......................  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road and Tok
                                                    Cutoff Road,
                                                    mileposts 79-110),
                                                    13, Chickaloon, Dot
                                                    Lake, and Healy
                                                    Lake.
Unit 13A and Unit 13D.........  Caribou..........  Residents of Units
                                                    11, 12 (along the
                                                    Nabesna Road), 13,
                                                    and Chickaloon.
Unit 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 (excluding
                                                    residents of Denali
                                                    National Park
                                                    headquarters).
Unit 13D......................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
Unit 13A and Unit 13D.........  Moose............  Residents of Unit 13,
                                                    Chickaloon, and
                                                    Slana.
Unit 13B......................  Moose............  Residents of Units 13
                                                    and 20D (excluding
                                                    residents of Fort
                                                    Greely) and
                                                    Chickaloon and
                                                    Slana.
Unit 13C......................  Moose............  Residents of Units 12
                                                    and 13, Chickaloon,
                                                    Healy Lake, Dot
                                                    Lake, and Slana.

[[Page 720]]

 
Unit 13E......................  Moose............  Residents of Unit 13,
                                                    Chickaloon, McKinley
                                                    Village, Slana, and
                                                    the area along the
                                                    Parks Highway
                                                    between mileposts
                                                    216 and 239
                                                    (excluding residents
                                                    of Denali National
                                                    Park headquarters).
Unit 13D......................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 13.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 13.......................  Grouse (Spruce,    Residents of Units
                                 Blue, Ruffed       11, 13, Chickaloon,
                                 Sharp-tailed).     15, 16, 20D, 22 and
                                                    23.
Unit 13.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13, Chickaloon,
                                 tailed).           15, 16, 20D, 22 and
                                                    23.
------------------------------------------------------------------------
Unit 14C......................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 14.......................  Goat.............  No Federal
                                                    subsistence
                                                    priority.
Unit 14.......................  Moose............  No Federal
                                                    subsistence
                                                    priority.
Unit 14A and Unit 14C.........  Sheep............  No Federal
                                                    subsistence
                                                    priority.
------------------------------------------------------------------------
Unit 15A and Unit 15B.........  Black Bear.......  Residents of
                                                    Ninilchik.
Unit 15C......................  Black Bear.......  Residents of
                                                    Ninilchik, Port
                                                    Graham, and
                                                    Nanwalek.
Unit 15.......................  Brown Bear.......  Residents of
                                                    Ninilchik.
Unit 15A and Unit 15B.........  Moose............  Residents of Cooper
                                                    Landing, Ninilchik,
                                                    Nanwalek, Port
                                                    Graham, and
                                                    Seldovia.
Unit 15C......................  Moose............  Residents of
                                                    Ninilchik, Nanwalek,
                                                    Port Graham, and
                                                    Seldovia.
Unit 15.......................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 15.......................  Ptarmigan (Rock,   Residents of Unit 15.
                                 Willow and White-
                                 tailed).
Unit 15.......................  Grouse (Spruce)..  Residents of Unit 15.
Unit 15.......................  Grouse (Ruffed)..  No Federal
                                                    subsistence
                                                    priority.
------------------------------------------------------------------------
Unit 16B......................  Black Bear.......  Residents of Unit
                                                    16B.
Unit 16.......................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 16A......................  Moose............  No Federal
                                                    subsistence
                                                    priority.
Unit 16B......................  Moose............  Residents of Unit
                                                    16B.
Unit 16.......................  Sheep............  No Federal
                                                    subsistence
                                                    priority.
Unit 16.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 16.......................  Grouse (Spruce     Residents of Units
                                 and Ruffed).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22 and
                                                    23.
Unit 16.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13, Chickaloon,
                                 tailed).           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.
Unit 17, remainder............  Black Bear.......  Residents of Units 9A
                                                    and B, and 17.
Unit 17A, those portions north  Brown Bear.......  Residents of Unit 17,
 and west of a line beginning                       Akiak, Akiachak,
 from the Unit 18 boundary at                       Goodnews Bay,
 the northwestern end of                            Kwethluk, and
 Nenevok Lake, to the southern                      Platinum.
 point of upper Togiak Lake,
 and northeast towards the
 northern point of Nuyakuk
 Lake to the Unit 17A boundary.
Unit 17B, beginning at the      Brown Bear.......  Residents of Unit 17
 Unit 17B boundary, those                           and Kwethluk.
 portions north and west of a
 line running from the
 southern point of upper
 Togiak Lake, northeast to the
 northern point of Nuyakuk
 Lake, and northeast to the
 point where the Unit 17
 boundary intersects the
 Shotgun Hills.
Unit 17A, remainder...........  Brown Bear.......  Residents of Unit 17,
                                                    Akiak, Akiachak,
                                                    Goodnews Bay, and
                                                    Platinum.
Unit 17B, that portion          Brown Bear.......  Residents of Unit 17,
 draining into Nuyakuk Lake                         Akiak and Akiachak.
 and Tikchik Lake.
Unit 17B, remainder, and Unit   Brown Bear.......  Residents of Unit 17.
 17C.
Unit 17A, that portion west of  Caribou..........  Residents of Units
 the Izavieknik River, Upper                        9B, 17, Eek,
 Togiak Lake, Togiak Lake, and                      Goodnews Bay, Lime
 the main course of the Togiak                      Village, Napakiak,
 River.                                             Platinum, Quinhagak,
                                                    Stony River, and
                                                    Tuntutuliak.
Unit 17A, that portion north    Caribou..........  Residents of Units
 of Togiak Lake that includes                       9B, 17, Akiak,
 Izavieknik River drainages.                        Akiachak, Lime
                                                    Village, Stony
                                                    River, and Tuluksak.

[[Page 721]]

 
Units 17A and 17B, those        Caribou..........  Residents of Units
 portions north and west of a                       9B, 17, Kwethluk,
 line beginning from the Unit                       Lime Village, and
 18 boundary at the                                 Stony River.
 northwestern 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 Units
 Togiak National Wildlife                           9B, 17, Akiachak,
 Refuge within Unit 17B.                            Akiak, Bethel, Eek,
                                                    Goodnews Bay, Lime
                                                    Village, Napakiak,
                                                    Platinum, Quinhagak,
                                                    Stony River,
                                                    Tuluksak, and
                                                    Tuntutuliak.
Unit 17, remainder............  Caribou..........  Residents of Units
                                                    9B, 9C, 9E 17, Lime
                                                    Village, and Stony
                                                    River.
Unit 17A, those portions north  Moose............  Residents of Unit 17,
 and west of a line beginning                       Goodnews Bay,
 from the Unit 18 boundary at                       Kwethluk, and
 the northwestern end of                            Platinum.
 Nenevok Lake, to the southern
 point of upper Togiak Lake,
 and to the Unit 17A boundary
 to the northeast towards the
 northern point of Nuyakuk
 Lake.
Unit 17A, that portion north    Moose............  Residents of Unit 17,
 of Togiak Lake that includes                       Akiak, Akiachak,
 Izavieknik River drainages.                        Goodnews Bay, and
                                                    Platinum.
Unit 17A, remainder...........  Moose............  Residents of Unit 17,
                                                    Goodnews Bay and
                                                    Platinum.
Unit 17B, that portion within   Moose............  Residents of Unit 17,
 the Togiak National Wildlife                       Akiak, Akiachak,
 Refuge.                                            Goodnews Baym,
                                                    Levelock, Nondalton,
                                                    and Platinum.
Unit 17B, remainder and Unit    Moose............  Residents of Unit 17,
 17C.                                               Nondalton, Levelock,
                                                    Goodnews Bay, and
                                                    Platinum.
Unit 17.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 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.
Unit 18.......................  Brown Bear.......  Residents of
                                                    Akiachak, Akiak,
                                                    Eek, Goodnews Bay,
                                                    Kwethluk, Mountain
                                                    Village, Napaskiak,
                                                    Platinum, Quinhagak,
                                                    St. Marys, and
                                                    Tuluksak.
Unit 18.......................  Caribou..........  Residents of Unit 18,
                                                    Lower Kalskag,
                                                    Manokotak, Stebbins,
                                                    St. Michael, Togiak,
                                                    Twin Hills, and
                                                    Upper Kalskag.
Unit 18, that portion of the    Moose............  Residents of Unit 18,
 Yukon River drainage upstream                      Upper Kalskag,
 of Russian Mission and that                        Aniak, and
 portion of the Kuskokwim                           Chuathbaluk.
 River drainage upstream of,
 but not including, the
 Tuluksak River drainage.
Unit 18, that portion north of  Moose............  Residents of Unit 18,
 a line from Cape Romanzof to                       Lower Kalskag, St.
 Kusilvak Mountain to Mountain                      Michael, Stebbins,
 Village, and all drainages                         and Upper Kalskag.
 north of the Yukon River
 downstream from Marshall.
Unit 18, remainder............  Moose............  Residents of Unit 18,
                                                    Lower Kalskag, and
                                                    Upper Kalskag.
Unit 18.......................  Musk ox..........  No Federal
                                                    subsistence
                                                    priority.
Unit 18.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------
Unit 19C and Unit 19D.........  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 19A and Unit 19B.........  Brown Bear.......  Residents of Units 18
                                                    and 19 within the
                                                    Kuskokwim River
                                                    drainage upstream
                                                    from, and including,
                                                    the Johnson River.
Unit 19C......................  Brown Bear.......  No Federal
                                                    subsistence
                                                    priority.
Unit 19D......................  Brown Bear.......  Residents of Units
                                                    19A and D, Tuluksak,
                                                    and Lower Kalskag.
Unit 19A and Unit 19B.........  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, and
                                                    Russian Mission.
Unit 19C......................  Caribou..........  Residents of Unit
                                                    19C, Lime Village,
                                                    McGrath, Nikolai,
                                                    and Telida.
Unit 19D......................  Caribou..........  Residents of Unit
                                                    19D, Lime Village,
                                                    Sleetmute, and Stony
                                                    River.
Unit 19A and Unit 9B..........  Moose............  Residents of Unit 18
                                                    within Kuskokwim
                                                    River drainage
                                                    upstream from and
                                                    including the
                                                    Johnson River, and
                                                    residents of Unit
                                                    19.

[[Page 722]]

 
Unit 19B, west of the           Moose............  Residents of Eek and
 Kogrukluk River.                                   Quinhagak.
Unit 19C......................  Moose............  Residents of Unit 19.
Unit 19D......................  Moose............  Residents of Unit 19
                                                    and Lake Minchumina.
Unit 19.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------
Unit 20D......................  Bison............  No Federal
                                                    subsistence
                                                    priority.
Unit 20F......................  Black Bear.......  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley
                                                    Hot Springs.
Unit 20E......................  Brown Bear.......  Residents of Unit 12
                                                    and Dot Lake.
Unit 20F......................  Brown Bear.......  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley
                                                    Hot Springs.
------------------------------------------------------------------------
Unit 20A......................  Caribou..........  Residents of
                                                    Cantwell, Nenana,
                                                    and those domiciled
                                                    between mileposts
                                                    216 and 239 of the
                                                    Parks Highway,
                                                    excluding residents
                                                    of households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20B......................  Caribou..........  Residents of Unit
                                                    20B, Nenana, and
                                                    Tanana.
Unit 20C......................  Caribou..........  Residents of Unit 20C
                                                    living east of the
                                                    Teklanika River,
                                                    residents of
                                                    Cantwell, Lake
                                                    Minchumina, Manley
                                                    Hot Springs, Minto,
                                                    Nenana, Nikolai,
                                                    Tanana, Telida, and
                                                    those domiciled
                                                    between mileposts
                                                    216 and 239 of the
                                                    Parks Highway and
                                                    between mileposts
                                                    300 and 309,
                                                    excluding residents
                                                    of households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20D and Unit 20E.........  Caribou..........  Residents of Units
                                                    20D, 20E, 20F, 25,
                                                    12 (north of the
                                                    Wrangell-St. Elias
                                                    National Park and
                                                    Preserve), Eureka,
                                                    Livengood, Manley,
                                                    and Minto.
Unit 20F......................  Caribou..........  Residents of Units
                                                    20F and 25D and
                                                    Manley Hot Springs.
------------------------------------------------------------------------
Unit 20A......................  Moose............  Residents of
                                                    Cantwell, Minto,
                                                    Nenana, McKinley
                                                    Village, and the
                                                    area along the Parks
                                                    Highway between
                                                    mileposts 216 and
                                                    239, excluding
                                                    residents of
                                                    households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20B, Minto Flats           Moose............  Residents of Minto
 Management Area.                                   and Nenana.
Unit 20B, remainder...........  Moose............  Residents of Unit
                                                    20B, Nenana, and
                                                    Tanana.
Unit 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 Hot
                                                    Springs, Minto,
                                                    Nenana, those
                                                    domiciled between
                                                    mileposts 300 and
                                                    309 of the Parks
                                                    Highway, Nikolai,
                                                    Tanana, Telida,
                                                    McKinley Village,
                                                    and the area along
                                                    the Parks Highway
                                                    between mileposts
                                                    216 and 239,
                                                    excluding residents
                                                    of households of the
                                                    Denali National Park
                                                    Headquarters.
Unit 20D......................  Moose............  Residents of Unit 20D
                                                    and Tanacross.
Unit 20E......................  Moose............  Residents of Unit
                                                    20E, Unit 12 north
                                                    of the Wrangell-St.
                                                    Elias National
                                                    Preserve, Circle,
                                                    Central, Dot Lake,
                                                    Healy Lake, and
                                                    Mentasta Lake.
Unit 20F......................  Moose............  Residents of Unit
                                                    20F, Manley Hot
                                                    Springs, Minto, and
                                                    Stevens Village.
Unit 20E......................  Sheep............  Residents of Units
                                                    20E, 25B, 25C, 25D,
                                                    and Dot Lake, Healy
                                                    Lake, Northway,
                                                    Tanacross, Tetlin,
                                                    and Tok.
------------------------------------------------------------------------
Unit 20F......................  Wolf.............  Residents of Unit
                                                    20F, Stevens
                                                    Village, and Manley
                                                    Hot Springs.
Unit 20, remainder............  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 20D......................  Grouse, (Spruce,   Residents of Units
                                 Ruffed and Sharp-  11, 13, Chickaloon,
                                 tailed).           15, 16, 20D, 22, and
                                                    23.
Unit 20D......................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
------------------------------------------------------------------------
Unit 21.......................  Brown Bear.......  Residents of Units 21
                                                    and 23.

[[Page 723]]

 
Unit 21A......................  Caribou..........  Residents of Units
                                                    21A, 21D, 21E,
                                                    Aniak, Chuathbaluk,
                                                    Crooked Creek,
                                                    McGrath, and
                                                    Takotna.
Unit 21B and Unit 21C.........  Caribou..........  Residents of Units
                                                    21B, 21C, 21D, and
                                                    Tanana.
Unit 21D......................  Caribou..........  Residents of Units
                                                    21B, 21C, 21D, and
                                                    Huslia.
Unit 21E......................  Caribou..........  Residents of Units
                                                    21A, 21E, Aniak,
                                                    Chuathbaluk, Crooked
                                                    Creek, McGrath, and
                                                    Takotna.
Unit 21A......................  Moose............  Residents of Units
                                                    21A, 21E, Takotna,
                                                    McGrath, Aniak, and
                                                    Crooked Creek.
Unit 21B and Unit 21C.........  Moose............  Residents of Units
                                                    21B, 21C, Tanana,
                                                    Ruby, and Galena.
Unit 21D......................  Moose............  Residents of Units
                                                    21D, Huslia, and
                                                    Ruby.
Unit 21E, south of a line       Moose............  Residents of Unit
 beginning at the western                           21E, Aniak,
 boundary of Unit 21E near the                      Chuathbaluk,
 mouth of Paimiut Slough,                           Kalskag, Lower
 extending easterly along the                       Kalskag, and Russian
 south bank of Paimiut Slough                       Mission.
 to Upper High Bank, and
 southeasterly in the
 direction of Molybdenum
 Mountain to the juncture of
 Units 19A, 21A, and 21E.
Unit 21E remainder............  Moose............  Residents of Unit 21E
                                                    and Russian Mission.
Unit 21.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------
Unit 22A......................  Black Bear.......  Residents of Unit 22A
                                                    and Koyuk.
Unit 22B......................  Black Bear.......  Residents of Unit
                                                    22B.
Unit 22C, Unit 22D, and Unit    Black Bear.......  No Federal
 22E.                                               subsistence
                                                    priority.
Unit 22.......................  Brown Bear.......  Residents of Unit 22.
Unit 22A......................  Caribou..........  Residents of Units
                                                    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.
Unit 22, remainder............  Caribou..........  Residents of Units
                                                    21D west of the
                                                    Koyukuk and Yukon
                                                    Rivers, 22
                                                    (excluding residents
                                                    of St. Lawrence
                                                    Island), 23, and 24.
Unit 22.......................  Moose............  Residents of Unit 22.
Unit 22A......................  Musk ox..........  All rural residents.
Unit 22B, west of the Darby     Musk ox..........  Residents of Units
 Mountains.                                         22B and 22C.
Unit 22B, remainder...........  Musk ox..........  Residents of Unit
                                                    22B.
Unit 22C......................  Musk ox..........  Residents of Unit
                                                    22C.
Unit 22D......................  Musk ox..........  Residents of Units
                                                    22B, 22C, 22D, and
                                                    22E (excluding St.
                                                    Lawrence Island).
Unit 22E......................  Musk ox..........  Residents of Unit 22E
                                                    (excluding Little
                                                    Diomede Island).
Unit 22.......................  Wolf.............  Residents of Units
                                                    23, 22, 21D north
                                                    and west of the
                                                    Yukon River, and
                                                    Kotlik.
Unit 22.......................  Grouse (Spruce)..  Residents of Units
                                                    11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
Unit 22.......................  Ptarmigan (Rock    Residents of Units
                                 and Willow).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
------------------------------------------------------------------------
Unit 23.......................  Black Bear.......  Residents of Unit 23,
                                                    Alatna, Allakaket,
                                                    Bettles, Evansville,
                                                    Galena, Hughes,
                                                    Huslia, and Koyukuk.
Unit 23.......................  Brown Bear.......  Residents of Units 21
                                                    and 23.
Unit 23.......................  Caribou..........  Residents of Units
                                                    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.
Unit 23.......................  Moose............  Residents of Unit 23.
Unit 23, south of Kotzebue      Musk ox..........  Residents of Unit 23
 Sound and west of and                              south of Kotzebue
 including the Buckland River                       Sound and west of
 drainage.                                          and including the
                                                    Buckland River
                                                    drainage.
Unit 23, remainder............  Musk ox..........  Residents of Unit 23
                                                    east and north of
                                                    the Buckland River
                                                    drainage.
Unit 23.......................  Sheep............  Residents of Point
                                                    Lay and Unit 23
                                                    north of the Arctic
                                                    Circle.
Unit 23.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.

[[Page 724]]

 
Unit 23.......................  Grouse (Spruce     Residents of Units
                                 and Ruffed).       11, 13, Chickaloon,
                                                    15, 16, 20D, 22, and
                                                    23.
Unit 23.......................  Ptarmigan (Rock,   Residents of Units
                                 Willow and White-  11, 13, Chickaloon,
                                 tailed).           15, 16, 20D, 22, and
                                                    23.
------------------------------------------------------------------------
Unit 24, that portion south of  Black Bear.......  Residents of Stevens
 Caribou Mountain, and within                       Village, Unit 24,
 the public lands composing or                      and Wiseman, but not
 immediately adjacent to the                        including any other
 Dalton Highway Corridor                            residents of the
 Management Area.                                   Dalton Highway
                                                    Corridor Management
                                                    Area.
Unit 24, remainder............  Black Bear.......  Residents of Unit 24
                                                    and Wiseman, but not
                                                    including any other
                                                    residents of the
                                                    Dalton Highway
                                                    Corridor Management
                                                    Area.
Unit 24, that portion south of  Brown Bear.......  Residents of Stevens
 Caribou Mountain, and within                       Village and Unit 24.
 the public lands composing or
 immediately adjacent to the
 Dalton Highway Corridor
 Management Area.
Unit 24, remainder............  Brown Bear.......  Residents of Unit 24.
Unit 24.......................  Caribou..........  Residents of Unit 24,
                                                    Galena, Kobuk,
                                                    Koyukuk, Stevens
                                                    Village, and Tanana.
Unit 24.......................  Moose............  Residents of Unit 24,
                                                    Koyukuk, and Galena.
Unit 24.......................  Sheep............  Residents of Unit 24
                                                    residing north of
                                                    the Arctic Circle,
                                                    Allakaket, Alatna,
                                                    Hughes, and Huslia.
Unit 24.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------
Unit 25D......................  Black Bear.......  Residents of Unit
                                                    25D.
Unit 25D......................  Brown Bear.......  Residents of Unit
                                                    25D.
Unit 25, remainder............  Brown Bear.......  Residents of Unit 25
                                                    and Eagle.
Unit 25A......................  Caribou..........  Residents of Units
                                                    24A and 25.
Unit 25B and Unit 25C.........  Caribou..........  Residents of Units 12
                                                    (north of Wrangell-
                                                    St. Elias National
                                                    Preserve), 20D, 20E,
                                                    20F, and 25.
Unit 25D......................  Caribou..........  Residents of Units
                                                    20F and 25D and
                                                    Manley Hot Springs.
Unit 25A......................  Moose............  Residents of Units
                                                    25A and 25D.
Unit 25B and Unit 25C.........  Moose............  Residents of Units
                                                    20D, 20E, 25B, 25C,
                                                    25D, Tok and
                                                    Livengood.
Unit 25D, west................  Moose............  Residents of Unit 25D
                                                    West.
Unit 25D, remainder...........  Moose............  Residents of
                                                    remainder of Unit
                                                    25.
Unit 25A......................  Sheep............  Residents of Arctic
                                                    Village,
                                                    Chalkyitsik, Fort
                                                    Yukon, Kaktovik, and
                                                    Venetie.
Unit 25B and Unit 25C.........  Sheep............  Residents of Units
                                                    20E, 25B, 25C, and
                                                    25D.
Unit 25D......................  Wolf.............  Residents of Unit
                                                    25D.
Unit 25, remainder............  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
Unit 26.......................  Brown Bear.......  Residents of Unit 26
                                                    (excluding the
                                                    Prudhoe Bay-
                                                    Deadhorse Industrial
                                                    Complex), Anaktuvuk
                                                    Pass, and Point
                                                    Hope.
Unit 26A and C................  Caribou..........  Residents of Unit 26,
                                                    Anaktuvuk Pass, and
                                                    Point Hope.
Unit 26B......................  Caribou..........  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Point Hope, and Unit
                                                    24 within the Dalton
                                                    Highway Corridor
                                                    Management Area.
Unit 26.......................  Moose............  Residents of Unit 26
                                                    (excluding the
                                                    Prudhoe Bay-
                                                    Deadhorse Industrial
                                                    Complex), Point
                                                    Hope, and Anaktuvuk
                                                    Pass.
Unit 26A......................  Musk ox..........  Residents of
                                                    Anaktuvuk Pass,
                                                    Atqasuk, Barrow,
                                                    Nuiqsut, Point Hope,
                                                    Point Lay, and
                                                    Wainwright.
Unit 26B......................  Musk ox..........  Residents of
                                                    Anaktuvuk Pass,
                                                    Nuiqsut, and
                                                    Kaktovik.
Unit 26C......................  Musk ox..........  Residents of
                                                    Kaktovik.
Unit 26A......................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass, and
                                                    Point Hope.
Unit 26B......................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Point Hope, and
                                                    Wiseman.
Unit 26C......................  Sheep............  Residents of Unit 26,
                                                    Anaktuvuk Pass,
                                                    Arctic Village,
                                                    Chalkyitsik, Fort
                                                    Yukon, Point Hope,
                                                    and Venetie.
Unit 26.......................  Wolf.............  Residents of Units 6,
                                                    9, 10 (Unimak Island
                                                    only), 11-13,
                                                    Chickaloon, and 16-
                                                    26.
------------------------------------------------------------------------


[[Page 725]]

    (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 Kotlik,
     Clarence Area, waters                          St. Michael and
     draining into Norton                           Stebbins.
     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 Chevak, Hooper
                                                    Bay, Scammon Bay,
                                                    and Stebbins.
    Yukon River drainage......  Freshwater fish    Residents of the
                                 (other than        Yukon-Northern Area.
                                 salmon).
    Remainder of the Yukon-     All fish.........  Residents of the
     Northern Area.                                 Yukon-Northern Area,
                                                    excluding the
                                                    residents of the
                                                    Yukon River drainage
                                                    and excluding those
                                                    domiciled in Unit
                                                    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.                        Chistochina,
                                                    Mentasta Lake,
                                                    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
                                                    Chefornak, Chevak,
                                                    Eek, Kipnuk,
                                                    Kongiganak,
                                                    Kwigillingok,
                                                    Mekoryuk, Newtok,
                                                    Nightmute, Tununak,
                                                    Toksook Bay, 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.
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.
    Remainder of the Bristol    All fish.........  Residents of the
     Bay Area.                                      Bristol Bay Area.
ALEUTIAN ISLANDS AREA.........  All fish.........  Residents of the
                                                    Aleutian Islands
                                                    Area and the
                                                    Pribilof Islands.
ALASKA PENINSULA AREA.........  All fish.........  Residents of the
                                                    Alaska Peninsula
                                                    Area.

[[Page 726]]

 
CHIGNIK AREA..................  Salmon and fish    Residents of the
                                 other than         Chignik Area.
                                 rainbow/
                                 steelhead trout.
KODIAK AREA:
    Except the Mainland         Salmon...........  Residents of the
     District, all waters                           Kodiak Island
     along the south side of                        Borough, except
     the Alaska Peninsula                           those residing on
     bounded by the latitude                        the Kodiak Coast
     of Cape Douglas                                Guard Base.
     (58[deg]51.10[min] North
     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
     including the Kenai River                      Cooper Landing, Hope
     drainage within the Kenai                      and Ninilchik.
     National Wildlife Refuge
     and 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...........  Fish other than    Residents of the Cook
                                 salmon, Dolly      Inlet Area.
                                 Varden, trout,
                                 char, grayling,
                                 and burbot.
    Remainder of the Cook       Salmon, Dolly      All rural residents.
     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.
    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.

[[Page 727]]

 
    Chitina Subdistrict of the  Salmon...........  Residents of
     Upper Copper River                             Cantwell,
     District.                                      Chickaloon, 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.
    Glennallen Subdistrict of   Salmon...........  Residents of the
     the Upper Copper River                         Prince William Sound
     District.                                      Area and residents
                                                    of Cantwell,
                                                    Chickaloon, Chisana,
                                                    Dot Lake, Dry Creek,
                                                    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..................  All fish.........  Residents of Yakutat
                                                    and Southeastern
                                                    Alaska Fishery
                                                    Management Areas.
SOUTHEASTERN ALASKA AREA......  All fish.........  Residents of Yakutat
                                                    and Southeastern
                                                    Alaska Fishery
                                                    Management Areas.
------------------------------------------------------------------------

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

------------------------------------------------------------------------
             Area                    Species           Determination
------------------------------------------------------------------------
Bering Sea Area...............  All shellfish....  Residents of the
                                                    Bering Sea Area.
Alaska Peninsula-Aleutian       Shrimp 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.
------------------------------------------------------------------------


[[Page 728]]


[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; 
72 FR 73430, Dec. 27, 2007; 73 FR 35731, June 24, 2008; 74 FR 14054, 
Mar. 30, 2009; 75 FR 37923, June 30, 2010; 75 FR 60340, Sept. 30, 2010; 
76 FR 12569, Mar. 8, 2011; 77 FR 35487, June 13, 2012; 79 FR 35237, June 
19, 2014; 81 FR 52532, Aug. 8, 2016; 83 FR 3083, Jan. 23, 2018; 83 FR 
50763, Oct. 9, 2018; 84 FR 39748, Aug. 12, 2019]



            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 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 1.5 
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

[[Page 729]]

(Chionoecetes spp.), and Dungeness crab (Cancer magister).
    Cub bear means a brown or grizzly bear in its first or second year 
of life, or a black bear (including cinnamon and blue phases) in its 
first year of life.
    Depth of net means the perpendicular distance between cork line and 
lead line expressed as either linear units of measure or as a number of 
meshes, including all of the web of which the net is composed.
    Designated hunter or fisherman means a Federally qualified hunter or 
fisherman who may take all or a portion of another Federally qualified 
hunter's or fisherman's harvest limit(s) only under situations approved 
by the Board.
    Dip net means a bag-shaped net supported on all sides by a rigid 
frame; the maximum straight-line distance between any two points on the 
net frame, as measured through the net opening, may not exceed 5 feet; 
the depth of the bag must be at least one-half of the greatest straight-
line distance, as measured through the net opening; no portion of the 
bag may be constructed of webbing that exceeds a stretched measurement 
of 4.5 inches; the frame must be attached to a single rigid handle and 
be operated by hand.
    Diving gear means any type of hard hat or skin diving equipment, 
including SCUBA equipment; a tethered, umbilical, surface-supplied unit; 
or snorkel.
    Drainage means all of the lands and waters comprising a watershed, 
including tributary rivers, streams, sloughs, ponds, and lakes, which 
contribute to the water supply of the watershed.
    Drawing permit means a permit issued to a limited number of 
Federally qualified subsistence users selected by means of a random 
drawing.
    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.

[[Page 730]]

    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.
    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, sooty grouse (formerly blue), and sharp-
tailed grouse.
    Hand purse seine means a floating net that 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.
    Hook means a single shanked fishhook with a single eye constructed 
with one or more points with or without barbs. A hook without a ``barb'' 
means the hook is manufactured without a barb or the barb has been 
completely removed or compressed so that barb is in complete contact 
with the shaft of the hook.
    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.

[[Page 731]]

    Mechanical clam digger means a mechanical device used or capable of 
being used for the taking of clams.
    Mechanical jigging machine means a mechanical device with line and 
hooks used to jig for halibut and bottomfish, but does not include hand 
gurdies or rods with reels.
    Mile means a nautical mile when used in reference to marine waters 
or a statute mile when used in reference to fresh water.
    Motorized vehicle means a motor-driven land, air, or water 
conveyance.
    Open season means the time when wildlife may be taken by hunting or 
trapping; an open season includes the first and last days of the 
prescribed season period.
    Otter means river or land otter only, excluding sea otter.
    Permit hunt means a hunt for which State or Federal permits are 
issued by registration or other means.
    Poison means any substance that is toxic or poisonous upon contact 
or ingestion.
    Possession means having direct physical control of wildlife at a 
given time or having both the power and intention to exercise dominion 
or control of wildlife either directly or through another person or 
persons.
    Possession limit means the maximum number of fish, grouse, or 
ptarmigan a person or designated group may have in possession if they 
have not been canned, salted, frozen, smoked, dried, or otherwise 
preserved so as to be fit for human consumption after a 15-day period.
    Pot means a portable structure designed and constructed to capture 
and retain live fish and shellfish in the water.
    Ptarmigan collectively refers to all species found in Alaska, 
including white-tailed ptarmigan, rock ptarmigan, and willow ptarmigan.
    Purse seine means a floating net which is designed to surround fish 
and which can be closed at the bottom by means of a free-running line 
through one or more rings attached to the lead line.
    Ram means a male Dall sheep.
    Registration permit means a permit that authorizes hunting and is 
issued to a person who agrees to the specified hunting conditions. 
Hunting permitted by a registration permit begins on an announced date 
and continues throughout the open season, or until the season is closed 
by Board action. Registration permits are issued in the order requests 
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-June 30, except for fish and shellfish, 
for which it means April 1-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 that 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.
    Scent lure (in reference to bear baiting) means any biodegradable 
material

[[Page 732]]

to which biodegradable scent is applied or infused.
    Sea urchin rake means a hand-held implement, no longer than 4 feet, 
equipped with projecting prongs used to gather sea urchins.
    Sealing means placing a mark or tag on a portion of a harvested 
animal by an authorized representative of the ADF&G sealing includes 
collecting and recording information about the conditions under which 
the animal was harvested, and measurements of the specimen submitted for 
sealing, or surrendering a specific portion of the animal for biological 
information.
    Set gillnet means a gillnet that has been intentionally set, staked, 
anchored, or otherwise fixed.
    Seven-eighths curl horn means the horn of a male Dall sheep, the tip 
of which has grown through seven-eighths (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, must be an 
integral part of the net, as hung, and measured perpendicular to the 
selvages; measurements will 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 1 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 
that 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 that are drawn through the water by a 
power gurdy; hand troll gear consisting of a line or lines with lures or 
baited hooks that 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

[[Page 733]]

(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, moose, mountain goat, Dall sheep, and musk ox.
    Unit and Subunit means 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, 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 unless specified otherwise in Sec. Sec.100.26, 100.27. or 
100.28.
    (2) Fish, wildlife, or shellfish taken by a designated individual 
for another person pursuant to Sec.100.10(d)(5)(ii) counts toward the 
individual harvest limit of the person for whom the fish, wildlife, or 
shellfish is taken.
    (3) A harvest limit may apply to the number of fish, wildlife, or 
shellfish that can be taken daily, seasonally and/or during a regulatory 
year or held in possession.
    (4) Unless otherwise provided, any person who gives or receives 
fish, wildlife, or shellfish must 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 must 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.

[[Page 734]]

    (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. If you are a Federally 
qualified subsistence user (recipient), you may designate another 
Federally qualified subsistence user to take deer, moose, and caribou, 
and in Units 1-5, goats, on your behalf unless you are a member of a 
community operating under a community harvest system or unless unit-
specific regulations in Sec.100.26 preclude or modify the use of the 
designated hunter system or allow the harvest of additional species by a 
designated hunter. The designated hunter must obtain a designated hunter 
permit and must return a completed harvest report. The designated hunter 
may hunt for any number of recipients but may have no more than two 
harvest limits in his/her possession at any one time except for goats, 
where designated hunters may have no more than one harvest limit in 
possession at any one time, and 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) must 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) Cultural/educational program permits. (1) 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 Federal Subsistence Board through 
the Office of Subsistence Management and should be submitted 60 days 
prior to the earliest desired date of harvest. Harvest must be reported, 
and any animals harvested will count against any established Federal 
harvest quota for the area in which it is harvested.
    (2) Requests for followup permits must be submitted to the in-season 
or local manager and should be submitted 60 days prior to the earliest 
desired date of harvest.
    (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 must 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 regulatory 
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.

[[Page 735]]

    (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, 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, 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, 22, 
23, 24B (only that portion within Gates of the Arctic National Park), 
25, or 26.
    (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) Prior to selling a handicraft incorporating a brown bear 
claw(s), the hide or claw(s) not attached to a hide must be sealed by an 
authorized Alaska Department of Fish and Game representative. Old claws 
may be sealed if an affidavit is signed indicating that the claws came 
from a brown bear harvested on Federal public lands by a Federally 
qualified user. A copy of the Alaska Department of Fish and Game sealing 
certificate must accompany the handicraft when sold.
    (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 musk ox), 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.
    (12) You may sell the horns and antlers not attached to any part of 
the skull from legally harvested caribou (except caribou harvested in 
Unit 23), deer, elk, goat, moose, musk ox, and sheep.
    (13) You may sell the raw/untanned and tanned hide or cape from a 
legally harvested caribou, deer, elk, goat, moose, musk ox, and sheep.
    (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

[[Page 736]]

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.

[77 FR 35494, June 13, 2012, as amended at 80 FR 28192, May 18, 2015; 83 
FR 50764, Oct. 9, 2018]



Sec.100.26  Subsistence taking of wildlife.

    (a) General taking prohibitions. You may take wildlife for 
subsistence uses by any method, except as prohibited in this section or 
by other Federal statute. Taking wildlife for subsistence uses by a 
prohibited method is a violation of this part. Seasons are closed unless 
opened by Federal regulation. Hunting or trapping during a closed season 
or in an area closed by this part is prohibited.
    (b) Prohibited methods and means. Except for special provisions 
found at paragraphs (n)(1) through (26) of this section, the following 
methods and means of taking wildlife for subsistence uses are 
prohibited:
    (1) Shooting from, on, or across a highway.
    (2) Using any poison.
    (3) Using a helicopter in any manner, including transportation of 
individuals, equipment, or wildlife; however, this prohibition does not 
apply to transportation of an individual, gear, or wildlife during an 
emergency rescue operation in a life-threatening situation.
    (4) Taking wildlife from a motorized land or air vehicle when that 
vehicle is in motion, or from a motor-driven boat when the boat's 
progress from the motor's power has not ceased.
    (5) Using a motorized vehicle to drive, herd, or molest wildlife.
    (6) Using or being aided by use of a machine gun, set gun, or a 
shotgun larger than 10 gauge.
    (7) Using a firearm other than a shotgun, muzzle-loaded rifle, 
rifle, or pistol using center-firing cartridges for the taking of 
ungulates, bear, wolves, or wolverine, except that--
    (i) An individual in possession of a valid trapping license may use 
a firearm that shoots rimfire cartridges to take wolves and wolverine; 
and
    (ii) Only a muzzle-loading rifle of .54-caliber or larger, or a .45-
caliber muzzle-loading rifle with a 250-grain, or larger, elongated slug 
may be used to take brown bear, black bear, elk, moose, musk ox, and 
mountain goat.
    (8) Using or being aided by use of a pit, fire, artificial light, 
radio communication, artificial salt lick, explosive, barbed arrow, 
bomb, smoke, chemical, conventional steel trap with a jaw spread over 9 
inches, or conibear style trap with a jaw spread over 11 inches.
    (9) Using a snare, except that an individual in possession of a 
valid hunting license may use nets and snares to take unclassified 
wildlife, ptarmigan, grouse, or hares; and individuals in possession of 
a valid trapping license may use snares to take furbearers.
    (10) Using a trap to take ungulates or bear.
    (11) Using hooks to physically snag, impale, or otherwise take 
wildlife; however, hooks may be used as a trap drag.
    (12) Using a crossbow to take ungulates, bear, wolf, or wolverine in 
any area restricted to hunting by bow and arrow only.
    (13) Taking of ungulates, bear, wolf, or wolverine with a bow, 
unless the bow is capable of casting an inch-wide broadhead-tipped arrow 
at least 175 yards horizontally, and the arrow and broadhead together 
weigh at least 1 ounce (437.5 grains).
    (14) Using bait for taking ungulates, bear, wolf, or wolverine; 
except you may use bait to take wolves and wolverine with a trapping 
license, and you may use bait to take black bears and brown bears with a 
hunting license as authorized in Unit-specific regulations at paragraphs 
(n)(1) through (26) of this section. Baiting of black bears and

[[Page 737]]

brown bears is subject to the following restrictions:
    (i) Before establishing a bear bait station, you must register the 
site with ADF&G.
    (ii) When using bait, you must clearly mark the site with a sign 
reading ``black bear bait station'' that also displays your hunting 
license number and ADF&G-assigned number.
    (iii) You may use only biodegradable materials for bait; if fish or 
wildlife is used as bait, only the head, bones, viscera, or skin of 
legally harvested fish and wildlife, the skinned carcasses of 
furbearers, and unclassified wildlife may be used, except that in Units 
7 and 15, fish or fish parts may not be used as bait. Scent lures may be 
used at registered bait stations.
    (iv) You may not use bait within \1/4\ mile of a publicly maintained 
road or trail.
    (v) You may not use bait within 1 mile of a house or other permanent 
dwelling, or within 1 mile of a developed campground or developed 
recreational facility.
    (vi) When using bait, you must remove litter and equipment from the 
bait station site when done hunting.
    (vii) You may not give or receive payment for the use of a bait 
station, including barter or exchange of goods.
    (viii) You may not have more than two bait stations with bait 
present at any one time.
    (15) Taking swimming ungulates, bears, wolves, or wolverine.
    (16) Taking or assisting in the taking of ungulates, bear, wolves, 
wolverine, or other furbearers before 3:00 a.m. following the day in 
which airborne travel occurred (except for flights in regularly 
scheduled commercial aircraft). This restriction does not apply to 
subsistence taking of deer (except on NPS lands) and of caribou on the 
Nushagak Peninsula (a portion of Units 17A and 17C) during Jan. 1-Mar. 
31, provided the hunter is 300 feet from the airplane; moreover, this 
restriction does not apply to subsistence setting of snares or traps, or 
the removal of furbearers from traps or snares.
    (17) Taking a bear cub or a sow accompanied by cub(s).
    (c) Defense of life and property. Wildlife taken in defense of life 
or property is not a subsistence use; wildlife so taken is subject to 
State regulations.
    (d) Trapping furbearing animals. The following methods and means of 
trapping furbearers for subsistence uses pursuant to the requirements of 
a trapping license are prohibited, in addition to the prohibitions 
listed at paragraph (b) of this section:
    (1) Disturbing or destroying a den, except that you may disturb a 
muskrat pushup or feeding house in the course of trapping;
    (2) Disturbing or destroying any beaver house;
    (3) Taking beaver by any means other than a steel trap or snare, 
except that you may use firearms in certain Units with established 
seasons as identified in Unit-specific regulations found in this 
subpart;
    (4) Taking otter with a steel trap having a jaw spread of less than 
5\7/8\ inches during any closed mink and marten season in the same Unit;
    (5) Using a net or fish trap (except a blackfish or fyke trap); and
    (6) Taking or assisting in the taking of furbearers by firearm 
before 3:00 a.m. on the day following the day on which airborne travel 
occurred; however, this does not apply to a trapper using a firearm to 
dispatch furbearers caught in a trap or snare.
    (e) Possession and transportation of wildlife. (1) Except as 
specified in paragraph (e)(2) or (f)(1) of this section, or as otherwise 
provided, you may not take a species of wildlife in any Unit, or portion 
of a Unit, if your total take of that species already obtained anywhere 
in the State under Federal and State regulations equals or exceeds the 
harvest limit in that Unit.
    (2) An animal taken under Federal or State regulations by any member 
of a community with an established community harvest limit for that 
species counts toward the community harvest limit for that species. 
Except for wildlife taken pursuant to Sec.__.10(d)(5)(iii) or as 
otherwise provided for by this part, an animal taken as part of a 
community harvest limit counts toward every community member's harvest 
limit for that species taken under Federal or State of Alaska 
regulations.
    (f) Harvest limits. (1) The harvest limit specified for a trapping 
season for a

[[Page 738]]

species and the harvest limit set for a hunting season for the same 
species are separate and distinct. This means that if you have taken a 
harvest limit for a particular species under a trapping season, you may 
take additional animals under the harvest limit specified for a hunting 
season or vice versa.
    (2) A brown/grizzly bear taken in a Unit or portion of a Unit having 
a harvest limit of ``one brown/grizzly bear per year'' counts against a 
``one brown/grizzly bear every four regulatory years'' harvest limit in 
other Units. You may not take more than one brown/grizzly bear in a 
regulatory year.
    (g) Evidence of sex and identity. (1) If subsistence take of Dall 
sheep is restricted to a ram, you may not possess or transport a 
harvested sheep unless both horns accompany the animal.
    (2) If the subsistence taking of an ungulate, except sheep, is 
restricted to one sex in the local area, you may not possess or 
transport the carcass of an animal taken in that area unless sufficient 
portions of the external sex organs remain attached to indicate 
conclusively the sex of the animal, except that in Units 1-5 antlers are 
also considered proof of sex for deer if the antlers are naturally 
attached to an entire carcass, with or without the viscera; and except 
in Units 11, 13, 19, 21, and 24, where you may possess either sufficient 
portions of the external sex organs (still attached to a portion of the 
carcass) or the head (with or without antlers attached; however, the 
antler stumps must remain attached) to indicate the sex of the harvested 
moose. However, this paragraph (g)(2) does not apply to the carcass of 
an ungulate that has been butchered and placed in storage or otherwise 
prepared for consumption upon arrival at the location where it is to be 
consumed.
    (3) If a moose harvest limit requires an antlered bull, an antler 
size, or configuration restriction, you may not possess or transport the 
moose carcass or its parts unless both antlers accompany the carcass or 
its parts. If you possess a set of antlers with less than the required 
number of brow tines on one antler, you must leave the antlers naturally 
attached to the unbroken, uncut skull plate; however, this paragraph 
(g)(3) does not apply to a moose carcass or its parts that have been 
butchered and placed in storage or otherwise prepared for consumption 
after arrival at the place where it is to be stored or consumed.
    (h) Removing harvest from the field. You must leave all edible meat 
on the bones of the front quarters and hind quarters of caribou and 
moose harvested in Units 9, 17, 18, and 19B prior to October 1 until you 
remove the meat from the field or process it for human consumption. You 
must leave all edible meat on the bones of the front quarters, hind 
quarters, and ribs of moose harvested in Unit 21 prior to October 1 
until you remove the meat from the field or process it for human 
consumption. You must leave all edible meat on the bones of the front 
quarters, hind quarters, and ribs of caribou and moose harvested in Unit 
24 prior to October 1 until you remove the meat from the field or 
process it for human consumption. Meat of the front quarters, hind 
quarters, or ribs from a harvested moose or caribou may be processed for 
human consumption and consumed in the field; however, meat may not be 
removed from the bones for purposes of transport out of the field. You 
must leave all edible meat on the bones of the front quarters, hind 
quarters, and ribs of caribou and moose harvested in Unit 25 until you 
remove the meat from the field or process it for human consumption.
    (i) Returning of tags, marks, or collars. If you take an animal that 
has been marked or tagged for scientific studies, you must, within a 
reasonable time, notify the ADF&G or the agency identified on the collar 
or marker when and where the animal was taken. You also must retain any 
ear tag, collar, radio, tattoo, or other identification with the hide 
until it is sealed, if sealing is required; in all cases, you must 
return any identification equipment to the ADF&G or to an agency 
identified on such equipment.
    (j) Sealing of bear skins and skulls. (1) Sealing requirements for 
bear apply to brown bears taken in all Units, except as specified in 
this paragraph (j), and black bears of all color phases taken in Units 
1-7, 11-17, and 20.

[[Page 739]]

    (2) You may not possess or transport from Alaska the untanned skin 
or skull of a bear unless the skin and skull have been sealed by an 
authorized representative of ADF&G in accordance with State or Federal 
regulations, except that the skin and skull of a brown bear taken under 
a registration permit in Units 5, 9B, 9E, 17, 18, 19A and 19B downstream 
of and including the Aniak River drainage, Units 21D, 22, 23, 24, and 
26A need not be sealed unless removed from the area.
    (3) You must keep a bear skin and skull together until a 
representative of the ADF&G has removed a rudimentary premolar tooth 
from the skull and sealed both the skull and the skin; however, this 
provision does not apply to brown bears taken within Units 5, 9B, 9E, 
17, 18, 19A and 19B downstream of and including the Aniak River 
drainage, Units 21D, 22, 23, 24, and 26A and which are not removed from 
the Unit.
    (i) In areas where sealing is required by Federal regulations, you 
may not possess or transport the hide of a bear that does not have the 
penis sheath or vaginal orifice naturally attached to indicate 
conclusively the sex of the bear.
    (ii) If the skin or skull of a bear taken in Units 9B, 17, 18, and 
19A and 19B downstream of and including the Aniak River drainage is 
removed from the area, you must first have it sealed by an ADF&G 
representative in Bethel, Dillingham, or McGrath; at the time of 
sealing, the ADF&G representative must remove and retain the skin of the 
skull and front claws of the bear.
    (iii) If you remove the skin or skull of a bear taken in Units 21D, 
22, 23, 24, and 26A from the area or present it for commercial tanning 
within the area, you must first have it sealed by an ADF&G 
representative in Barrow, Galena, Nome, or Kotzebue; at the time of 
sealing, the ADF&G representative must remove and retain the skin of the 
skull and front claws of the bear.
    (iv) If you remove the skin or skull of a bear taken in Unit 5 from 
the area, you must first have it sealed by an ADF&G representative in 
Yakutat.
    (v) If you remove the skin or skull of a bear taken in Unit 9E from 
Unit 9, you must first have it sealed by an authorized sealing 
representative. At the time of sealing, the representative must remove 
and retain the skin of the skull and front claws of the bear.
    (4) You may not falsify any information required on the sealing 
certificate or temporary sealing form provided by the ADF&G in 
accordance with State regulations.
    (k) Sealing of beaver, lynx, marten, otter, wolf, and wolverine. You 
may not possess or transport from Alaska the untanned skin of a marten 
taken in Unit 1-5, 7, 13E, or 14-16 or the untanned skin of a beaver, 
lynx, otter, wolf, or wolverine, whether taken inside or outside the 
State, unless the skin has been sealed by an authorized representative 
in accordance with State or Federal regulations.
    (1) In Unit 18, you must obtain an ADF&G seal for beaver skins only 
if they are to be sold or commercially tanned.
    (2) In Unit 2, you must seal any wolf taken on or before the 14th 
day after the date of taking.
    (l) Sealing form. If you take a species listed in paragraph (k) of 
this section but are unable to present the skin in person, you must 
complete and sign a temporary sealing form and ensure that the completed 
temporary sealing form and skin are presented to an authorized 
representative of ADF&G for sealing consistent with requirements listed 
in paragraph (k) of this section.
    (m) Traditional religious ceremonies. You may take wildlife, outside 
of established season or harvest limits, for food in traditional 
religious ceremonies, which are part of a funerary or mortuary cycle, 
including memorial potlatches, under the following provisions:
    (1) The harvest does not violate recognized principles of wildlife 
conservation and uses the methods and means allowable for the particular 
species published in the applicable Federal regulations. The appropriate 
Federal land manager will establish the number, species, sex, or 
location of harvest, if necessary, for conservation purposes. Other 
regulations relating to ceremonial harvest may be found in the Unit-
specific regulations in paragraph (n) of this section.

[[Page 740]]

    (2) No permit or harvest ticket is required for harvesting under 
this section; however, the harvester must be a federally qualified 
subsistence user with customary and traditional use in the area where 
the harvesting will occur.
    (3) In Units 1-26 (except for Koyukon/Gwich'in potlatch ceremonies 
in Unit 20F, 21, 24, or 25):
    (i) A tribal chief, village or tribal council president, or the 
chief's or president's designee for the village in which the religious/
cultural ceremony will be held, or a federally qualified subsistence 
user outside of a village or tribal-organized ceremony, must notify the 
nearest Federal land manager that a wildlife harvest will take place. 
The notification must include the species, harvest location, and number 
of animals expected to be taken.
    (ii) Immediately after the wildlife is taken, the tribal chief, 
village or tribal council president or designee, or other federally 
qualified subsistence user must create a list of the successful hunters 
and maintain these records, including the name of the decedent for whom 
the ceremony will be held. If requested, this information must be 
available to an authorized representative of the Federal land manager.
    (iii) The tribal chief, village or tribal council president or 
designee, or other federally qualified subsistence user outside of the 
village in which the religious/cultural ceremony will be held must 
report to the Federal land manager the harvest location, species, sex, 
and number of animals taken as soon as practicable, but not more than 15 
days after the wildlife is taken.
    (4) In Units 20F, 21, 24, and 25 (for Koyukon/Gwich'in potlatch 
ceremonies only):
    (i) Taking wildlife outside of established season and harvest limits 
is authorized if it is for food for the traditional Koyukon/Gwich'in 
Potlatch Funerary or Mortuary ceremony and if it is consistent with 
conservation of healthy populations.
    (ii) Immediately after the wildlife is taken, the tribal chief, 
village or tribal council president, or the chief's or president's 
designee for the village in which the religious ceremony will be held 
must create a list of the successful hunters and maintain these records. 
The list must be made available, after the harvest is completed, to a 
Federal land manager upon request.
    (iii) As soon as practical, but not more than 15 days after the 
harvest, the tribal chief, village council president, or designee must 
notify the Federal land manager about the harvest location, species, 
sex, and number of animals taken.
    (n) Unit regulations. You may take for subsistence unclassified 
wildlife, all squirrel species and marmots in all Units, without harvest 
limits, for the period of July 1-June 30. Unit-specific restrictions or 
allowances for subsistence taking of wildlife are identified at 
paragraphs (n)(1) through (26) of this section.
    (1) Unit 1. Unit 1 consists of all mainland drainages from Dixon 
Entrance to Cape Fairweather, and those islands east of the center line 
of Clarence Strait from Dixon Entrance to Caamano Point, and all islands 
in Stephens Passage and Lynn Canal north of Taku Inlet:
    (i) Unit 1A consists of all drainages south of the latitude of 
Lemesurier Point including all drainages into Behm Canal, excluding all 
drainages of Ernest Sound.
    (ii) Unit 1B consists of all drainages between the latitude of 
Lemesurier Point and the latitude of Cape Fanshaw including all 
drainages of Ernest Sound and Farragut Bay, and including the islands 
east of the center lines of Frederick Sound, Dry Strait (between Sergief 
and Kadin Islands), Eastern Passage, Blake Channel (excluding Blake 
Island), Ernest Sound, and Seward Passage.
    (iii) Unit 1C consists of that portion of Unit 1 draining into 
Stephens Passage and Lynn Canal north of Cape Fanshaw and south of the 
latitude of Eldred Rock including Berners Bay, Sullivan Island, and all 
mainland portions north of Chichagof Island and south of the latitude of 
Eldred Rock, excluding drainages into Farragut Bay.
    (iv) Unit 1D consists of that portion of Unit 1 north of the 
latitude of Eldred Rock, excluding Sullivan Island and the drainages of 
Berners Bay.

[[Page 741]]

    (v) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Public lands within Glacier Bay National Park are closed to all 
taking of wildlife for subsistence uses;
    (B) Unit 1A--in the Hyder area, the Salmon River drainage downstream 
from the Riverside Mine, excluding the Thumb Creek drainage, is closed 
to the taking of bear;
    (C) Unit 1B--the Anan Creek drainage within 1 mile of Anan Creek 
downstream from the mouth of Anan Lake, including the area within a 1-
mile radius from the mouth of Anan Creek Lagoon, is closed to the taking 
of bear; and
    (D) Unit 1C:
    (1) You may not hunt within one-fourth mile of Mendenhall Lake, the 
U.S. Forest Service Mendenhall Glacier Visitor's Center, and the 
Center's parking area; and
    (2) You may not take mountain goat in the area of Mt. Bullard 
bounded by the Mendenhall Glacier, Nugget Creek from its mouth to its 
confluence with Goat Creek, and a line from the mouth of Goat Creek 
north to the Mendenhall Glacier.
    (vi) You may not trap furbearers for subsistence uses in Unit 1C, 
Juneau area, on the following public lands:
    (A) A strip within one-quarter mile of the mainland coast between 
the end of Thane Road and the end of Glacier Highway at Echo Cove;
    (B) That area of the Mendenhall Valley bounded on the south by the 
Glacier Highway, on the west by the Mendenhall Loop Road and Montana 
Creek Road and Spur Road to Mendenhall Lake, on the north by Mendenhall 
Lake, and on the east by the Mendenhall Loop Road and Forest Service 
Glacier Spur Road to the Forest Service Visitor Center;
    (C) That area within the U.S. Forest Service Mendenhall Glacier 
Recreation Area; and
    (D) A strip within one-quarter mile of the following trails as 
designated on U.S. Geological Survey maps: Herbert Glacier Trail, 
Windfall Lake Trail, Peterson Lake Trail, Spaulding Meadows Trail 
(including the loop trail), Nugget Creek Trail, Outer Point Trail, Dan 
Moller Trail, Perseverance Trail, Granite Creek Trail, Mt. Roberts Trail 
and Nelson Water Supply Trail, Sheep Creek Trail, and Point Bishop 
Trail.
    (vii) Unit-specific regulations:
    (A) You may hunt black bear with bait in Units 1A, 1B, and 1D 
between April 15 and June 15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are certified as disabled.
    (C) Coyotes taken incidentally with a trap or snare during an open 
Federal trapping season for wolf, wolverine, or beaver may be legally 
retained.
    (D) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may    Sep. 1-June 30.
 be a blue or glacier bear.
Brown Bear: 1 bear every four regulatory     Sep. 15-Dec. 31.
 years by State registration permit only.    Mar. 15-May 31.
Deer:
    Unit 1A--4 antlered deer...............  Aug. 1-Dec. 31.
    Unit 1B--2 antlered deer...............  Aug. 1-Dec. 31.
    Unit 1C--4 deer; however, female deer    Aug. 1-Dec. 31.
     may be taken only from Sep. 15-Dec. 31.
Goat:
    Unit 1A--Revillagigedo Island only.....  No open season.
    Unit 1B--that portion north of LeConte   Aug. 1-Dec. 31.
     Bay--1 goat by State registration
     permit only; the taking of kids or
     nannies accompanied by kids is
     prohibited.
    Unit 1A and Unit 1B--that portion on     No open season.
     the Cleveland Peninsula south of the
     divide between Yes Bay and Santa Anna
     Inlet.
    Unit 1A and Unit 1B, remainder--2        Aug. 1-Dec. 31.
     goats; a State registration permit
     will be required for the taking of the
     first goat and a Federal registration
     permit for the taking of a second
     goat. The taking of kids or nannies
     accompanied by kids is prohibited.
    Unit 1C--that portion draining into      Oct. 1-Nov. 30.
     Lynn Canal and Stephens Passage
     between Antler River and Eagle Glacier
     and River, and all drainages of the
     Chilkat Range south of the Endicott
     River--1 goat by State registration
     permit only.
    Unit 1C--that portion draining into      No open season.
     Stephens Passage and Taku Inlet
     between Eagle Glacier and River and
     Taku Glacier.

[[Page 742]]

 
    Unit 1C, remainder--1 goat by State      Aug. 1-Nov. 30.
     registration permit only.
    Unit 1D--that portion lying north of     Sep. 15-Nov. 30.
     the Katzehin River and northeast of
     the Haines highway--1 goat by State
     registration permit only.
    Unit 1D-- that portion lying between     No open season.
     Taiya Inlet and River and the White
     Pass and Yukon Railroad.
    Unit 1D, remainder--1 goat by State      Aug. 1-Dec. 31.
     registration permit only.
Moose:
    Unit 1A--1 antlered bull by Federal      Sep. 5-Oct. 15.
     registration permit.
    Unit 1B--1 antlered bull with spike-     Sep. 15-Oct. 15.
     fork or 50-inch antlers or 3 or more
     brow tines on one side, or antlers
     with 2 brow tines on both sides, by
     State registration permit only.
    Unit 1C--that portion south of Point     Sep. 15-Oct. 15.
     Hobart including all Port Houghton
     drainages--1 antlered bull with spike-
     fork or 50-inch antlers or 3 or more
     brow tines on one side, or antlers
     with 2 brow tines on both sides, by
     State registration permit only.
    Unit 1C, remainder, excluding drainages  Sep. 15-Oct. 15.
     of Berners Bay--1 bull by State
     registration permit only.
    Unit 1C--Berners Bay--1 bull by drawing  Sep.15-Oct. 15 (will be
     permit.                                  announced starting in
                                              2019).
    Only one moose permit may be issued per
     household. A household receiving a
     State permit for Berners Bay drainages
     moose may not receive a Federal
     permit. The annual harvest quota will
     be announced by the USDA Forest
     Service, Juneau office, in
     consultation with ADF&G. The Federal
     harvest allocation will be 25%
     (rounded up to the next whole number)
     of bull moose permits.
    Unit 1D................................  No open season.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black, and        Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day...........  Sep. 1-Apr. 30.
Lynx: 2 lynx...............................  Dec. 1-Feb. 15.
Wolf:
    Units 1A and 1B, south of Bradfield      Aug. 1-May 31.
     Canal and the east fork of the
     Bradfield River--5 wolves.
    Units 1B remainder, 1C, and 1D--5        Aug. 1-Apr. 30.
     wolves.
Wolverine: 1 wolverine.....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per     Aug. 1-May 15.
 day, 10 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 1-May 15.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 1--No limit...................  Dec. 1-May 15.
Coyote: No limit...........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and        Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit.............................  Dec. 1-Feb. 15.
Marten: No limit...........................  Dec. 1-Feb. 15.
Mink and Weasel: No limit..................  Dec. 1-Feb. 15.
Muskrat: No limit..........................  Dec. 1-Feb. 15.
Otter: No limit............................  Dec. 1-Feb. 15.
Wolf: No limit.............................  Nov. 1-Apr. 30.
Wolverine: No limit........................  Nov. 10-Mar. 1.
------------------------------------------------------------------------

    (2) Unit 2. Unit 2 consists of Prince of Wales Island and all 
islands west of the center lines of Clarence Strait and Kashevarof 
Passage, south and east of the center lines of Sumner Strait, and east 
of the longitude of the westernmost point on Warren Island.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are certified as disabled.
    (C) Coyotes taken incidentally with a trap or snare during an open 
Federal trapping season for wolf, wolverine, or beaver may be legally 
retained.
    (D) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.
    (ii) [Reserved]

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may    Sep. 1-June 30.
 be a blue or glacier bear.
Deer:

[[Page 743]]

 
    5 deer; however, no more than one may    July 24-Jan. 31.
     be a female deer. Female deer may be
     taken only during the period Oct. 15-
     Jan. 31. Harvest ticket number five
     must be used when recording the
     harvest of a female deer, but may be
     used for recording the harvest of a
     male deer. Harvest tickets must be
     used in order except when recording a
     female deer on tag number five.
    The Federal public lands on Prince of
     Wales Island, excluding the
     southeastern portion (lands south of
     the West Arm of Cholmondeley Sound
     draining into Cholmondeley Sound or
     draining eastward into Clarence
     Strait), are closed to hunting of deer
     from Aug. 1 to Aug. 15, except by
     federally qualified subsistence users
     hunting under these regulations.
    Non-federally qualified users may only
     harvest up to 2 male deer on Federal
     public lands in Unit 2.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black, and        Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day...........  Sep. 1-Apr. 30.
Lynx: 2 lynx...............................  Dec. 1-Feb. 15.
Wolf: 5 wolves. Federal hunting and          Sep. 1-Mar. 31.
 trapping season may be closed when the
 combined Federal-State harvest quota is
 reached. Any wolf taken in Unit 2 must be
 sealed within 14 days of harvest.
Wolverine: 1 wolverine.....................  Nov. 10-Feb. 15.
Grouse (Spruce and Ruffed): 5 per day, 10    Aug. 1-May 15.
 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 1-May 15.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Dec. 1-May 15.
Coyote: No limit...........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and        Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit.............................  Dec. 1-Feb. 15.
Marten: No limit...........................  Dec. 1-Feb. 15.
Mink and Weasel: No limit..................  Dec. 1 -Feb. 15.
Muskrat: No limit..........................  Dec. 1-Feb. 15.
Otter: No limit............................  Dec. 1-Feb. 15.
Wolf: No limit. Federal hunting and          Nov. 15-Mar. 31.
 trapping season may be closed when the
 combined Federal-State harvest quota is
 reached. Any wolf taken in Unit 2 must be
 sealed within 14 days of harvest.
Wolverine: No limit........................  Nov. 10-Mar. 1.
------------------------------------------------------------------------

    (3) Unit 3. (i) Unit 3 consists of all islands west of Unit 1B, 
north of Unit 2, south of the center line of Frederick Sound, and east 
of the center line of Chatham Strait including Coronation, Kuiu, 
Kupreanof, Mitkof, Zarembo, Kashevaroff, Woronkofski, Etolin, Wrangell, 
and Deer Islands.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) In the Petersburg vicinity, you may not take ungulates, bear, 
wolves, and wolverine along a strip one-fourth mile wide on each side of 
the Mitkof Highway from Milepost 0 to Crystal Lake campground;
    (B) You may not take black bears in the Petersburg Creek drainage on 
Kupreanof Island; and
    (C) You may not hunt in the Blind Slough draining into Wrangell 
Narrows and a strip one-fourth-mile wide on each side of Blind Slough, 
from the hunting closure markers at the southernmost portion of Blind 
Island to the hunting closure markers 1 mile south of the Blind Slough 
bridge.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are certified as disabled.
    (C) Coyotes taken incidentally with a trap or snare during an open 
Federal trapping season for wolf, wolverine, or beaver may be legally 
retained.
    (D) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

[[Page 744]]



------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may    Sep. 1-June 30.
 be a blue or glacier bear.
Deer:
    Unit 3-Mitkof, Woewodski, and            Oct. 15-31.
     Butterworth Islands--1 antlered deer.
    Unit 3-Kupreanof Island, that portion    Oct. 15-31.
     east of the Portage Bay-Duncan Canal
     Portage--1 antlered deer.
    Unit 3, remainder--2 antlered deer.....  Aug. 1-Nov. 30.
                                             Dec. 1-31, season to be
                                              announced.
Moose: 1 antlered bull with spike-fork or    Sep. 15-Oct. 15.
 50-inch antlers or 3 or more brow tines on
 either antler, or antlers with 2 brow
 tines on both sides by State registration
 permit only.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black, and        Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day...........  Sep. 1-Apr. 30.
Lynx: 2 lynx...............................  Dec. 1-Feb. 15.
Wolf: 5 wolves.............................  Aug. 1-May 31.
Wolverine: 1 wolverine.....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per     Aug. 1-May 15.
 day, 10 in possession..
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 1-May 15.
 20 per day, 40 in possession..
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 3-Mitkof Island--No limit.........  Dec. 1-Apr. 15.
    Unit 3-except Mitkof Island--No limit..  Dec. 1-May 15.
Coyote: No limit...........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and        Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit.............................  Dec. 1-Feb. 15.
Marten:
    No limit (except on Kuiu Island).......  Dec. 1-Feb. 15.
    Kuiu Island portion of Unit 3. No limit  Dec. 1-31.
Mink and Weasel: No limit..................  Dec. 1-Feb. 15.
Muskrat: No limit..........................  Dec. 1-Feb. 15.
Otter: No limit............................  Dec. 1-Feb. 15.
Wolf: No limit.............................  Nov. 1-Apr. 30.
Wolverine: No limit........................  Nov. 10-Mar. 1.
------------------------------------------------------------------------

    (4) Unit 4. (i) Unit 4 consists of all islands south and west of 
Unit 1C and north of Unit 3 including Admiralty, Baranof, Chichagof, 
Yakobi, Inian, Lemesurier, and Pleasant Islands.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take brown bears in the Seymour Canal Closed Area 
(Admiralty Island) including all drainages into northwestern Seymour 
Canal between Staunch Point and the southernmost tip of the unnamed 
peninsula separating Swan Cove and King Salmon Bay including Swan and 
Windfall Islands;
    (B) You may not take brown bears in the Salt Lake Closed Area 
(Admiralty Island) including all lands within one-fourth mile of Salt 
Lake above Klutchman Rock at the head of Mitchell Bay;
    (C) You may not take brown bears in the Port Althorp Closed Area 
(Chichagof Island), that area within the Port Althorp watershed south of 
a line from Point Lucan to Salt Chuck Point (Trap Rock); and
    (D) You may not use any motorized land vehicle for brown bear 
hunting in the Northeast Chichagof Controlled Use Area (NECCUA) 
consisting of all portions of Unit 4 on Chichagof Island north of 
Tenakee Inlet and east of the drainage divide from the northwestern 
point of Gull Cove to Port Frederick Portage, including all drainages 
into Port Frederick and Mud Bay.
    (iii) Unit-specific regulations:
    (A) You may shoot ungulates from a boat. You may not shoot bear, 
wolves, or wolverine from a boat, unless you are certified as disabled.
    (B) Five Federal registration permits will be issued by the Sitka or 
Hoonah District Ranger for the taking of brown bear for educational 
purposes associated with teaching customary and traditional subsistence 
harvest and use practices. Any bear taken under an educational permit 
does not count in

[[Page 745]]

an individual's one bear every four regulatory years limit.
    (C) Coyotes taken incidentally with a trap or snare during an open 
Federal trapping season for wolf, wolverine, or beaver may be legally 
retained.
    (D) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Brown Bear:
    Unit 4-Chichagof Island south and west   Sep. 15-Dec. 31.
     of a line that follows the crest of     Mar. 15-May 31.
     the island from Rock Point (58[deg] N
     lat., 136[deg] 21[min] W long.) to
     Rodgers Point (57[deg] 35[min] N lat.,
     135[deg] 33[min] W long.) including
     Yakobi and other adjacent islands;
     Baranof Island south and west of a
     line which follows the crest of the
     island from Nismeni Point (57[deg]
     34[min] N lat., 135[deg] 25[min] W
     long.) to the entrance of Gut Bay
     (56[deg] 44[min] N lat. 134[deg]
     38[min] W long.) including the
     drainages into Gut Bay and including
     Kruzof and other adjacent islands--1
     bear every four regulatory years by
     State registration permit only.
    Unit 4, remainder--1 bear every 4        Sep. 15-Dec. 31.
     regulatory years by State registration  Mar. 15-May 20.
     permit only.
Deer: 6 deer; however, female deer may be    Aug. 1-Jan. 31.
 taken only from Sep. 15-Jan. 31.
Goat: 1 goat by State registration permit    Aug. 1-Dec. 31.
 only.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black, and        Nov. 1-Feb. 15.
 Silver Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day...........  Sep. 1-Apr. 30.
Lynx: 2 lynx...............................  Dec. 1-Feb. 15.
Wolf: 5 wolves.............................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine.....................  Nov. 10-Feb. 15.
Grouse (Spruce, Blue, and Ruffed): 5 per     Aug. 1-May 15.
 day, 10 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 1-May 15.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Dec. 1-May 15.
Coyote: No limit...........................  Dec. 1-Feb. 15.
Fox, Red (including Cross, Black, and        Dec. 1-Feb. 15.
 Silver Phases): No limit.
Lynx: No limit.............................  Dec. 1-Feb. 15.
Marten: No limit...........................  Dec. 1-Feb. 15.
Mink and Weasel: No limit..................  Dec. 1-Feb. 15.
Muskrat: No limit..........................  Dec. 1-Feb. 15.
Otter: No limit............................  Dec. 1-Feb. 15.
Wolf: No limit.............................  Nov. 10-Apr. 30.
Wolverine: No limit........................  Nov. 10-Mar. 1.
------------------------------------------------------------------------

    (5) Unit 5. (i) Unit 5 consists of all Gulf of Alaska drainages and 
islands between Cape Fairweather and the center line of Icy Bay, 
including the Guyot Hills:
    (A) Unit 5A consists of all drainages east of Yakutat Bay, 
Disenchantment Bay, and the eastern edge of Hubbard Glacier, and 
includes the islands of Yakutat and Disenchantment Bays; In Unit 5A, 
Nunatak Bench is defined as that area east of the Hubbard Glacier, north 
of Nunatak fiord, and north and east of the East Nunatak Glacier to the 
Canadian Border.
    (B) Unit 5B consists of the remainder of Unit 5.
    (ii) You may not take wildlife for subsistence uses on public lands 
within Glacier Bay National Park.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.
    (B) You may not shoot ungulates, bear, wolves, or wolverine from a 
boat, unless you are certified as disabled.
    (C) You may hunt brown bear in Unit 5 with a Federal registration 
permit in lieu of a State metal locking tag if you have obtained a 
Federal registration permit prior to hunting.
    (D) Coyotes taken incidentally with a trap or snare during an open 
Federal trapping season for wolf, wolverine, or beaver may be legally 
retained.
    (E) A firearm may be used to take beaver under a trapping license 
during an open beaver season, except on National Park Service lands.

[[Page 746]]



------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears, no more than one may    Sep. 1-June 30.
 be a blue or glacier bear..
Brown Bear: 1 bear by Federal registration   Sep. 1-May 31.
 permit only.
Deer:
    Unit 5A--1 buck........................  Nov. 1-Nov. 30.
    Unit 5B................................  No open season.
Goat:
    Unit 5A--that area between the Hubbard   No open season.
     Glacier and the West Nunatak Glacier
     on the north and east sides of Nunatak
     Fjord.
    Unit 5A, remainder--1 goat by Federal    Aug. 1-Jan. 31.
     registration permit. The harvest quota
     will be announced prior to the season.
     A minimum of four goats in the harvest
     quota will be reserved for federally
     qualified subsistence users.
    Unit 5B--1 goat by Federal registration  Aug. 1-Jan. 31.
     permit only.
Moose:
    Unit 5A-Nunatak Bench--1 moose by State  Nov. 15-Feb. 15.
     registration permit only. The season
     will be closed when 5 moose have been
     taken from the Nunatak Bench.
    Unit 5A-except Nunatak Bench, west of    Oct. 8-Nov. 15.
     the Dangerous River--1 bull by joint
     State/Federal registration permit
     only. From Oct. 8-21, public lands
     will be closed to taking of moose,
     except by residents of Unit 5A hunting
     under these regulations.
    Unit 5A, except Nunatak Bench, east of   Sep. 16-Nov. 15.
     the Dangerous River--1 bull by joint
     State/Federal registration permit
     only. From Sep. 16-30, public lands
     will be closed to taking of moose,
     except by residents of Unit 5A hunting
     under these regulations.
    Unit 5B--1 bull by State registration    Sep. 1-Dec. 15.
     permit only. The season will be closed
     when 25 bulls have been taken from the
     entirety of Unit 5B.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver  Nov. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): 5 hares per day...........  Sep. 1-Apr. 30.
Lynx: 2 lynx...............................  Dec. 1-Feb. 15.
Wolf: 5 wolves.............................  Aug. 1-Apr. 30.
Wolverine: 1 wolverine.....................  Nov. 10-Feb. 15.
Grouse (Spruce and Ruffed): 5 per day, 10    Aug. 1-May 15.
 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 1-May 15.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Nov. 10-May 15.
Coyote: No limit...........................  Nov. 10-Feb. 15.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 15.
 Phases): No limit.
Lynx: No limit.............................  Dec. 1-Feb. 15.
Marten: No limit...........................  Nov. 10-Feb. 15.
Mink and Weasel: No limit..................  Nov. 10-Feb. 15.
Muskrat: No limit..........................  Dec. 1-Feb. 15.
Otter: No limit............................  Nov. 10-Feb. 15.
Wolf: No limit.............................  Nov. 10-Apr. 30.
Wolverine: No limit........................  Nov. 10-Mar. 1.
------------------------------------------------------------------------

    (6) Unit 6. (i) Unit 6 consists of all Gulf of Alaska and Prince 
William Sound drainages from the center line of Icy Bay (excluding the 
Guyot Hills) to Cape Fairfield including Kayak, Hinchinbrook, Montague, 
and adjacent islands, and Middleton Island, but excluding the Copper 
River drainage upstream from Miles Glacier, and excluding the Nellie 
Juan and Kings River drainages:
    (A) Unit 6A consists of Gulf of Alaska drainages east of Palm Point 
near Katalla including Kanak, Wingham, and Kayak Islands;
    (B) Unit 6B consists of Gulf of Alaska and Copper River Basin 
drainages west of Palm Point near Katalla, east of the west bank of the 
Copper River, and east of a line from Flag Point to Cottonwood Point;
    (C) Unit 6C consists of drainages west of the west bank of the 
Copper River, and west of a line from Flag Point to Cottonwood Point, 
and drainages east of the east bank of Rude River and drainages into the 
eastern shore of Nelson Bay and Orca Inlet; and
    (D) Unit 6D consists of the remainder of Unit 6.
    (ii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15. In addition, you may use bait in Unit 6D between June 16 and June 
30. The harvest quota in Unit 6D is 20 bears taken with bait between 
June 16 and June 30.

[[Page 747]]

    (B) You may take coyotes in Units 6B and 6C with the aid of 
artificial lights.
    (C) One permit will be issued by the Cordova District Ranger to the 
Native Village of Eyak to take one moose from Federal lands in Unit 6B 
or C for their annual Memorial/Sobriety Day potlatch.
    (D) A federally qualified subsistence user (recipient) who is either 
blind, 65 years of age or older, at least 70 percent disabled, or 
temporarily disabled may designate another federally qualified 
subsistence user to take any moose, deer, black bear, and beaver on his 
or her behalf in Unit 6, and goat in Unit 6D, unless the recipient is a 
member of a community operating under a community harvest system. The 
designated hunter must obtain a designated hunter permit and must return 
a completed harvest report. The designated hunter may hunt for any 
number of recipients, but may have no more than one harvest limit in his 
or her possession at any one time.
    (E) A hunter younger than 10 years old at the start of the hunt may 
not be issued a Federal subsistence permit to harvest black bear, deer, 
goat, moose, wolf, and wolverine.
    (F) A hunter younger than 10 years old may harvest black bear, deer, 
goat, moose, wolf, and wolverine under the direct, immediate supervision 
of a licensed adult, at least 18 years old. The animal taken is counted 
against the adult's harvest limit. The adult is responsible for ensuring 
that all legal requirements are met.
    (G) Up to five permits will be issued by the Cordova District Ranger 
to the Native Village of Chenega annually to harvest up to five deer 
total from Federal public lands in Unit 6D for their annual Old Chenega 
Memorial and other traditional memorial potlatch ceremonies. Permits 
will have effective dates of July 1-June 30.
    (H) Up to five permits will be issued by the Cordova District Ranger 
to the Tatitlek IRA Council annually to harvest up to five deer total 
from Federal public lands in Unit 6D for their annual Cultural Heritage 
Week. Permits will have effective dates of July 1-June 30.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 1 bear. In Unit 6D a State       Sep. 1-June 30.
 registration permit is required.
Deer:
    5 deer; however, antlerless deer may be  Aug. 1-Dec. 31.
     taken only from Oct. 1-Dec. 31.
    Unit 6D--1 buck........................  Jan. 1-31.
Goats:
    Unit 6A and B--1 goat by State           Aug. 20-Jan. 31.
     registration permit only.
    Unit 6C................................  No open season.
    Unit 6D (subareas RG242, RG243, RG244,   Aug. 20-Feb. 28.
     RG245, RG249, RG266 and RG252 only)--1
     goat by Federal registration permit
     only. In each of the Unit 6D subareas,
     goat seasons will be closed by the
     Cordova District Ranger when harvest
     limits for that subarea are reached.
     Harvest quotas are as follows: RG242--
     2 goats, RG243--4 goats, RG244 and
     RG245 combined--2 goats, RG249--4
     goats, RG266--4 goats, RG252--1 goat.
Moose:
    Unit 6C--1 antlerless moose by Federal   Sep. 1-Oct. 31.
     drawing permit only.
    Permits for the portion of the
     antlerless moose quota not harvested
     in the Sep. 1-Oct. 31 hunt may be
     available for redistribution for a
     Nov. 1-Dec. 31 hunt..
    Unit 6C--1 bull by Federal drawing       Sep. 1-Dec. 31.
     permit only.
    In Unit 6C, only one moose permit may
     be issued per household. A household
     receiving a State permit for Unit 6C
     moose may not receive a Federal
     permit. The annual harvest quota will
     be announced by the U.S. Forest
     Service, Cordova Office, in
     consultation with ADF&G. The Federal
     harvest allocation will be 100% of the
     antlerless moose permits and 75% of
     the bull permits. Federal public lands
     are closed to the harvest of moose
     except by federally qualified users
     with a Federal permit for Unit 6C
     moose, Nov. 1-Dec. 31.
    Unit 6, remainder......................  No open season.
Beaver: 1 beaver per day, 1 in possession..  May 1-Oct. 31.
Coyote:
    Unit 6A and D--2 coyotes...............  Sep. 1-Apr. 30.
    Unit 6B and 6C--No limit...............  July 1-June 30.
Fox, Red (including Cross, Black and Silver  No open season.
 Phases):.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 10-Jan. 31.
Wolf: 5 wolves.............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.

[[Page 748]]

 
Grouse (Spruce): 5 per day, 10 in            Aug. 1-May 15.
 possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 1-May 15.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Dec. 1-Apr. 30.
Coyote:
    Unit 6C-south of the Copper River        Nov. 10-Apr. 30.
     Highway and east of the Heney Range--
     No limit.
    Units 6A, 6B, 6C remainder, and 6D--No   Nov. 10-Mar. 31.
     limit.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): No limit.
Marten: No limit...........................  Nov. 10-Feb. 28.
Mink and Weasel: No limit..................  Nov. 10-Jan. 31.
Muskrat: No limit..........................  Nov. 10-June 10.
Otter: No limit............................  Nov. 10-Mar. 31
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: No limit........................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (7) Unit 7. (i) Unit 7 consists of Gulf of Alaska drainages between 
Gore Point and Cape Fairfield including the Nellie Juan and Kings River 
drainages, and including the Kenai River drainage upstream from the 
Russian River, the drainages into the south side of Turnagain Arm west 
of and including the Portage Creek drainage, and east of 150[deg] W. 
long., and all Kenai Peninsula drainages east of 150[deg] W. long., from 
Turnagain Arm to the Kenai River.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses in the Kenai 
Fjords National Park.
    (B) You may not hunt in the Portage Glacier Closed Area in Unit 7, 
which consists of Portage Creek drainages between the Anchorage-Seward 
Railroad and Placer Creek in Bear Valley, Portage Lake, the mouth of 
Byron Creek, Glacier Creek, and Byron Glacier; however, you may hunt 
grouse, ptarmigan, hares, and squirrels with shotguns after September 1.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15, except in the drainages of Resurrection Creek and its tributaries.
    (B) [Reserved]

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Caribou:
    Unit 7-north of the Sterling Highway     Aug. 10-Dec. 31.
     and west of the Seward Highway--1
     caribou by Federal registration permit
     only. The Seward District Ranger will
     close the Federal season when 5
     caribou are harvested by Federal
     registration permit.
    Unit 7, remainder......................  No open season.
Moose:
    Unit 7-that portion draining into Kings  No open season.
     Bay--Federal public lands are closed
     to the taking of moose except by
     residents of Chenega Bay and Tatitlek.
    Unit 7, remainder--1 antlered bull with  Aug. 10-Sep. 20.
     spike-fork or 50-inch antlers or with
     3 or more brow tines on either antler,
     by Federal registration permit only.
Beaver: 1 beaver per day, 1 in possession..  May 1-Oct. 10.
Coyote: No limit...........................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver  No open season.
 Phases):.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 10-Jan. 31.
Wolf:
    Unit 7-that portion within the Kenai     Aug. 10-Apr. 30.
     National Wildlife Refuge--2 wolves.
    Unit 7, remainder--5 wolves............  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce): 10 per day, 20 in           Aug. 10-Mar. 31.
 possession.
Grouse (Ruffed):...........................  No open season.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Mar. 31.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 20 beaver per season...............  Nov. 10-Mar. 31.

[[Page 749]]

 
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): No limit.
Lynx: No limit.............................  Jan. 1-31.
Marten: No limit...........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit..................  Nov. 10-Jan. 31.
Muskrat: No limit..........................  Nov. 10-May 15.
Otter: No limit............................  Nov. 10-Feb. 28.
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: No limit........................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (8) Unit 8. Unit 8 consists of all islands southeast of the 
centerline of Shelikof Strait including Kodiak, Afognak, Whale, 
Raspberry, Shuyak, Spruce, Marmot, Sitkalidak, Amook, Uganik, and 
Chirikof Islands, the Trinity Islands, the Semidi Islands, and other 
adjacent islands.
    (i) Unit-specific regulations: If you have a trapping license, you 
may take beaver with a firearm in Unit 8 from Nov. 10-Apr. 30.
    (ii) [Reserved]

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Brown Bear: 1 bear by Federal registration   Dec. 1-Dec. 15.
 permit only. Up to 2 permits may be issued  Apr. 1-May 15.
 in Akhiok; up to 1 permit may be issued in
 Karluk; up to 3 permits may be issued in
 Larsen Bay; up to 3 permits may be issued
 in Old Harbor; up to 2 permits may be
 issued in Ouzinkie; and up to 2 permits
 may be issued in Port Lions. Permits will
 be issued by the Kodiak Refuge Manager.
Deer: Unit 8-all lands within the Kodiak     Aug. 1-Jan. 31.
 Archipelago within the Kodiak National
 Wildlife Refuge, including lands on
 Kodiak, Ban, Uganik, and Afognak Islands--
 3 deer; however, antlerless deer may be
 taken only from Oct. 1-Jan. 31.
Elk: Kodiak, Ban, Uganik, and Afognak        Sep. 15-Nov. 30.
 Islands--1 elk per household by Federal
 registration permit only. The season will
 be closed by announcement of the Refuge
 Manager, Kodiak National Wildlife Refuge
 when the combined Federal/State harvest
 reaches 15% of the herd.
Fox, Red (including Cross, Black and Silver  Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): No limit..................  July 1-June 30.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Apr. 30.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 30 beaver per season...............  Nov. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Nov. 10-Mar. 31.
 Phases): No limit.
Marten: No limit...........................  Nov. 10-Jan. 31.
Mink and Weasel: No limit..................  Nov. 10-Jan. 31.
Muskrat: No limit..........................  Nov. 10-June 10.
Otter: No limit............................  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (9) Unit 9. (i) Unit 9 consists of the Alaska Peninsula and adjacent 
islands, including drainages east of False Pass, Pacific Ocean drainages 
west of and excluding the Redoubt Creek drainage; drainages into the 
south side of Bristol Bay, drainages into the north side of Bristol Bay 
east of Etolin Point, and including the Sanak and Shumagin Islands:
    (A) Unit 9A consists of that portion of Unit 9 draining into 
Shelikof Strait and Cook Inlet between the southern boundary of Unit 16 
(Redoubt Creek) and the northern boundary of Katmai National Park and 
Preserve.
    (B) Unit 9B consists of the Kvichak River drainage except those 
lands drained by the Kvichak River/Bay between the Alagnak River 
drainage and the Naknek River drainage.
    (C) Unit 9C consists of the Alagnak (Branch) River drainage, the 
Naknek River drainage, lands drained by the Kvichak River/Bay between 
the Alagnak River drainage and the Naknek River drainage, and all land 
and water within Katmai National Park and Preserve.
    (D) Unit 9D consists of all Alaska Peninsula drainages west of a 
line from the southernmost head of Port Moller to the head of American 
Bay, including

[[Page 750]]

the Shumagin Islands and other islands of Unit 9 west of the Shumagin 
Islands.
    (E) Unit 9E consists of the remainder of Unit 9.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses in Katmai 
National Park; and
    (B) You may not use motorized vehicles, except aircraft, boats, or 
snowmobiles used for hunting and transporting a hunter or harvested 
animal parts from Aug. 1-Nov. 30 in the Naknek Controlled Use Area, 
which includes all of Unit 9C within the Naknek River drainage upstream 
from and including the King Salmon Creek drainage; however, you may use 
a motorized vehicle on the Naknek-King Salmon, Lake Camp, and Rapids 
Camp roads and on the King Salmon Creek trail, and on frozen surfaces of 
the Naknek River and Big Creek.
    (iii) Unit-specific regulations:
    (A) If you have a trapping license, you may use a firearm to take 
beaver in Unit 9B from April 1-May 31 and in the remainder of Unit 9 
from April 1-30.
    (B) You may hunt brown bear by State registration permit in lieu of 
a resident tag in Unit 9B, except that portion within the Lake Clark 
National Park and Preserve, if you have obtained a State registration 
permit prior to hunting.
    (C) In Unit 9B, Lake Clark National Park and Preserve, residents of 
Iliamna, Newhalen, Nondalton, Pedro Bay, Port Alsworth, and that portion 
of the park resident zone in Unit 9B and 13.440 permit holders may hunt 
brown bear by Federal registration permit in lieu of a resident tag. The 
season will be closed when 4 females or 10 bears have been taken, 
whichever occurs first. The permits will be issued and closure 
announcements made by the Superintendent Lake Clark National Park and 
Preserve.
    (D) Residents of Iliamna, Newhalen, Nondalton, Pedro Bay, and Port 
Alsworth may take up to a total of 10 bull moose in Unit 9B for 
ceremonial purposes, under the terms of a Federal registration permit 
from July 1-June 30. Permits will be issued to individuals only at the 
request of a local organization. This 10-moose limit is not cumulative 
with that permitted for potlatches by the State.
    (E) For Units 9C and 9E only, a federally qualified subsistence user 
(recipient) of Units 9C and 9E may designate another federally qualified 
subsistence user of Units 9C and 9E to take bull caribou on his or her 
behalf unless the recipient is a member of a community operating under a 
community harvest system. The designated hunter must obtain a designated 
hunter permit and must return a completed harvest report and turn over 
all meat to the recipient. There is no restriction on the number of 
possession limits the designated hunter may have in his/her possession 
at any one time.
    (F) For Unit 9D, a federally qualified subsistence user (recipient) 
may designate another federally qualified subsistence user to take 
caribou on his or her behalf unless the recipient is a member of a 
community operating under a community harvest system. The designated 
hunter must obtain a designated hunter permit and must return a 
completed harvest report. The designated hunter may hunt for any number 
of recipients but may have no more than four harvest limits in his/her 
possession at any one time.
    (G) The communities of False Pass, King Cove, Cold Bay, Sand Point, 
and Nelson Lagoon annually may each take, from October 1-December 31 or 
May 10-25, one brown bear for ceremonial purposes, under the terms of a 
Federal registration permit. A permit will be issued to an individual 
only at the request of a local organization. The brown bear may be taken 
from either Unit 9D or Unit 10 (Unimak Island) only.
    (H) You may hunt brown bear in Unit 9E with a Federal registration 
permit in lieu of a State locking tag if you have obtained a Federal 
registration permit prior to hunting.

[[Page 751]]



------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear:
    Unit 9B-Lake Clark National Park and     July 1-June 30.
     Preserve--Rural residents of Iliamna,
     Newhalen, Nondalton, Pedro Bay, Port
     Alsworth, residents of that portion of
     the park resident zone in Unit 9B; and
     13.440 permit holders--1 bear by
     Federal registration permit only.
    The season will be closed by the Lake
     Clark National Park and Preserve
     Superintendent when 4 females or 10
     bear have been taken, whichever occurs
     first.
    Unit 9B, remainder--1 bear by State      Sep. 1-May 31.
     registration permit only.
    Unit 9C--1 bear by Federal registration  Oct. 1-May 31.
     permit only.
    The season will be closed by the Katmai
     National Park and Preserve
     Superintendent in consultation with
     BLM and FWS land managers and ADF&G,
     when 6 females or 10 bear have been
     taken, whichever occurs first.
    Unit 9E--1 bear by Federal registration  Sep. 25-Dec. 31.
     permit.                                 Apr. 15-May 25.
Caribou:
    Unit 9A--2 caribou by State              Aug. 1-Mar. 15.
     registration permit.
    Unit 9B--2 caribou by State              Aug. 1-Mar. 31.
     registration permit.
    Unit 9C, that portion within the         Aug. 1-Mar. 15.
     Alagnak River drainage--2 caribou by
     State registration permit.
    Unit 9C, that portion draining into the  Aug. 1-Mar. 15.
     Naknek River from the north, and
     Graveyard Creek and Coffee Creek--2
     caribou by State registration permit.
     Public lands are closed to the taking
     of caribou except by residents of Unit
     9C and Egegik.
    Unit 9C, remainder--1 bull by Federal    May be announced.
     registration permit or State permit.
     Federal public lands are closed to the
     taking of caribou except by residents
     of Unit 9C and Egegik.
    Unit 9D--1-4 caribou by Federal          Aug. 1-Sep. 30.
     registration permit only.               Nov. 15-Mar. 31.
    Unit 9E--1 bull by Federal registration  May be announced.
     permit or State permit. Federal public
     lands are closed to the taking of
     caribou except by residents of Unit
     9E, Nelson Lagoon, and Sand Point.
Sheep:
    Unit 9B, that portion within Lake Clark  July 15-Oct. 15.
     National Park and Preserve--1 ram with  Jan. 1-Apr. 1.
     \3/4\ curl or larger horn by Federal
     registration permit only. By
     announcement of the Lake Clark
     National Park and Preserve
     Superintendent, the summer/fall season
     will be closed when up to 5 sheep are
     taken and the winter season will be
     closed when up to 2 sheep are taken.
    Unit 9B, remainder--1 ram with \7/8\     Aug. 10-Oct. 10.
     curl or larger horn by Federal
     registration permit only.
    Unit 9, remainder--1 ram with \7/8\      Aug. 10-Sep. 20.
     curl or larger horn.
Moose:
    Unit 9A--1 bull by State registration    Sep. 1-15.
     permit.
    Unit 9B--1 bull by State registration    Sep. 1-20.
     permit.                                 Dec. 1-Jan. 15.
    Unit 9C-that portion draining into the   Sep. 1-20.
     Naknek River from the north--1 bull by  Dec. 1-31.
     State registration permit.
    Unit 9C-that portion draining into the   Aug. 20-Sep. 20.
     Naknek River from the south--1 bull by  Dec. 1-31.
     State registration permit. Public
     lands are closed during December for
     the hunting of moose, except by
     federally qualified subsistence users
     hunting under these regulations.
    Unit 9C, remainder--1 bull by State      Sep. 1-20.
     registration permit.                    Dec. 15-Jan. 15.
    Unit 9D--1 bull by Federal registration  Dec. 15-Jan. 20.
     permit. Federal public lands will be
     closed by announcement of the Izembek
     Refuge Manager to the harvest of moose
     when a total of 10 bulls have been
     harvested between State and Federal
     hunts.
    Unit 9E--1 bull by State registration    Sep. 1-25.
     permit; however, only antlered bulls    Dec. 1-Jan. 31.
     may be taken Dec. 1-Jan. 31.
Beaver: Unit 9B and 9E--2 beaver per day...  Apr. 15-May 31.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White): No limit.....  Dec. 1-Mar. 15.
Fox, Red (including Cross, Black and Silver  Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit.......  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 10-Feb. 28.
Wolf: 10 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in           Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Apr. 30.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    No limit...............................  Oct. 10-Mar. 31.

[[Page 752]]

 
    2 beaver per day; only firearms may be   Apr. 15-May 31.
     used.
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White): No limit.....  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): No limit.
Lynx: No limit.............................  Nov. 10-Feb. 28.
Marten: No limit...........................  Nov. 10-Feb. 28.
Mink and Weasel: No limit..................  Nov. 10-Feb. 28.
Muskrat: No limit..........................  Nov. 10-June 10.
Otter: No limit............................  Nov. 10-Mar. 31.
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: No limit........................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (10) Unit 10. (i) Unit 10 consists of the Aleutian Islands, Unimak 
Island, and the Pribilof Islands.
    (ii) You may not take any wildlife species for subsistence uses on 
Otter Island in the Pribilof Islands.
    (iii) In Unit 10--Unimak Island only, a federally qualified 
subsistence user (recipient) may designate another federally qualified 
subsistence user to take caribou on his or her behalf unless the 
recipient is a member of a community operating under a community harvest 
system. The designated hunter must obtain a designated hunter permit and 
must return a completed harvest report. The designated hunter may hunt 
for any number of recipients but may have no more than four harvest 
limits in his/her possession at any one time.
    (iv) The communities of False Pass, King Cove, Cold Bay, Sand Point, 
and Nelson Lagoon annually may each take, from October 1-December 31 or 
May 10-25, one brown bear for ceremonial purposes, under the terms of a 
Federal registration permit. A permit will be issued to an individual 
only at the request of a local organization. The brown bear may be taken 
from either Unit 9D or 10 (Unimak Island) only.

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

    (11) Unit 11. Unit 11 consists of that area draining into the 
headwaters of the Copper River south of Suslota Creek and the area 
drained by all tributaries into the east bank of the Copper River 
between the confluence of Suslota Creek with the Slana River and Miles 
Glacier.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black and brown bear between April 15 
and June 15.
    (B) One moose without calf may be taken from June 20-July 31 in the 
Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the

[[Page 753]]

Batzulnetas Culture Camp. Two hunters from either Chistochina or 
Mentasta Village may be designated by the Mt. Sanford Tribal Consortium 
to receive the Federal subsistence harvest permit. The permit may be 
obtained from a Wrangell-St. Elias National Park and Preserve office.
    (ii) A joint permit may be issued to a pair of a minor and an elder 
to hunt sheep during the Aug. 1-Oct. 20 hunt. The following conditions 
apply:
    (A) The permittees must be a minor aged 8 to 15 years old and an 
accompanying adult 60 years of age or older.
    (B) Both the elder and the minor must be federally qualified 
subsistence users with a positive customary and traditional use 
determination for the area they want to hunt.
    (C) The minor must hunt under the direct immediate supervision of 
the accompanying adult, who is responsible for ensuring that all legal 
requirements are met.
    (D) Only one animal may be harvested with this permit. The sheep 
harvested will count against the harvest limits of both the minor and 
accompanying adult.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear: 1 bear.........................  Aug. 10-June 15.
Caribou:...................................  No open season.
Sheep:
    1 ram..................................  Aug. 10-Sep. 20.
    1 sheep by Federal registration permit   Aug. 1-Oct. 20.
     only by persons 60 years of age or
     older. Ewes accompanied by lambs or
     lambs may not be taken..
Goat:
    Unit 11-that portion within the          Aug. 25-Dec. 31.
     Wrangell-St. Elias National Park and
     Preserve that is bounded by the
     Chitina and Nizina rivers on the
     south, the Kennicott River and glacier
     on the southeast, and the Root Glacier
     on the east--1 goat by Federal
     registration permit only.
    Unit 11-the remainder of the Wrangell-   Aug. 10-Dec. 31.
     St. Elias National Park and Preserve--
     1 goat by Federal registration permit
     only.
    Unit 11-that portion outside of the      No open season.
     Wrangell-St. Elias National Park and
     Preserve.
    Federal public lands will be closed by
     announcement of the Superintendent,
     Wrangell-St. Elias National Park and
     Preserve to the harvest of goats when
     a total of 45 goats has been harvested
     between Federal and State hunts.
Moose:
    Unit 11-that portion draining into the   Aug. 20-Sep. 20.
     east bank of the Copper River upstream
     from and including the Slana River
     drainage--1 antlered bull by joint
     Federal/State registration permit.
    Unit 11-that portion south and east of   Aug. 20-Sep. 20.
     a line running along the north bank of  Nov. 20-Jan. 20.
     the Chitina River, the north and west
     banks of the Nazina River, and the
     west bank of West Fork of the Nazina
     River, continuing along the western
     edge of the West Fork Glacier to the
     summit of Regal Mountain--1 bull by
     Federal registration permit. However,
     during the period Aug. 20-Sep. 20,
     only an antlered bull may be taken.
    Unit 11, remainder--1 antlered bull by   Aug. 20-Sep. 20.
     Federal registration permit only..
Muskrat: No limit..........................  Sep. 20-June 10.
Beaver: 1 beaver per day, 1 in possession..  June 1-Oct. 10.
Coyote: 10 coyotes.........................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 10-Feb. 28.
Wolf: 10 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Feb. 28.
Grouse (Spruce, Ruffed, and Sharp-tailed):   Aug. 10-Mar. 31.
 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Mar. 31.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Sep. 25-May 31.
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): No limit.
Lynx: No limit.............................  Nov. 10-Feb. 28.
Marten: No limit...........................  Nov. 10-Feb. 28.
Mink and Weasel: No limit..................  Nov. 10-Feb. 28.
Muskrat: No limit..........................  Nov. 10-June 10.
Otter: No limit............................  Nov. 10-Mar. 31.
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: No limit........................  Nov. 10-Feb. 28.
------------------------------------------------------------------------


[[Page 754]]

    (12) Unit 12. Unit 12 consists of the Tanana River drainage upstream 
from the Robertson River, including all drainages into the east bank of 
the Robertson River, and the White River drainage in Alaska, but 
excluding the Ladue River drainage.
    (i) Unit-specific regulations:
    (A) You may use bait to hunt black and brown bear between April 15 
and June 30; you may use bait to hunt wolves on FWS and BLM lands.
    (B) You may not use a steel trap, or a snare using cable smaller 
than 3/32-inch diameter to trap coyotes or wolves in Unit 12 during 
April and October.
    (C) One moose without calf may be taken from June 20-July 31 in the 
Wrangell-St. Elias National Park and Preserve in Unit 11 or 12 for the 
Batzulnetas Culture Camp. Two hunters from either Chistochina or 
Mentasta Village may be designated by the Mt. Sanford Tribal Consortium 
to receive the Federal subsistence harvest permit. The permit may be 
obtained from a Wrangell-St. Elias National Park and Preserve office.
    (ii) A joint permit may be issued to a pair of a minor and an elder 
to hunt sheep during the Aug. 1-Oct. 20 hunt. The following conditions 
apply:
    (A) The permittees must be a minor aged 8 to 15 years old and an 
accompanying adult 60 years of age or older.
    (B) Both the elder and the minor must be federally qualified 
subsistence users with a positive customary and traditional use 
determination for the area they want to hunt.
    (C) The minor must hunt under the direct immediate supervision of 
the accompanying adult, who is responsible for ensuring that all legal 
requirements are met.
    (D) Only one animal may be harvested with this permit. The sheep 
harvested will count against the harvest limits of both the minor and 
accompanying adult.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear: 1 bear.........................  Aug. 10-June 30.
Caribou:
    Unit 12-that portion within the          No open season.
     Wrangell-St. Elias National Park that
     lies west of the Nabesna River and the
     Nabesna Glacier. All hunting of
     caribou is prohibited on Federal
     public lands.
    Unit 12-that portion east of the         Aug. 10-Sep. 30.
     Nabesna River and the Nabesna Glacier
     and south of the Winter Trail running
     southeast from Pickerel Lake to the
     Canadian border--1 bull by Federal
     registration permit only.
    Federal public lands are closed to the
     harvest of caribou except by federally
     qualified subsistence users hunting
     under these regulations.
    Unit 12, remainder--1 bull.............  Sep. 1-20.
    Unit 12, remainder--1 caribou may be     Winter season to be
     taken by a Federal registration permit   announced.
     during a winter season to be
     announced. Dates for a winter season
     to occur between Oct. 1 and Apr. 30
     and sex of animal to be taken will be
     announced by Tetlin National Wildlife
     Refuge Manager in consultation with
     Wrangell-St. Elias National Park and
     Preserve Superintendent, Alaska
     Department of Fish and Game area
     biologists, and Chairs of the Eastern
     Interior Regional Advisory Council and
     Upper Tanana/Fortymile Fish and Game
     Advisory Committee.
Sheep:
    Unit 12--1 ram with full curl or larger  Aug. 10-Sep. 20.
     horn.
    Unit 12-that portion within Wrangell-    Aug. 1-Oct. 20.
     St. Elias National Park and Preserve--
     1 ram with full curl horn or larger by
     Federal registration permit only by
     persons 60 years of age or older.
Moose:
    Unit 12-that portion within the Tetlin   Aug. 24-Sep. 20.
     National Wildlife Refuge and those      Nov. 1-Feb. 28.
     lands within 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--1 antlered bull by
     Federal registration permit.
    Unit 12-that portion east of the         Aug. 24-Sep. 30.
     Nabesna River and Nabesna Glacier, and
     south of the Winter Trail running
     southeast from Pickerel Lake to the
     Canadian border--1 antlered bull.
    Unit 12, remainder--1 antlered bull by   Aug. 20-Sep. 20.
     joint Federal/State registration
     permit only.
Beaver: Unit 12-Wrangell-St. Elias National  Sep. 20-May 15.
 Park and Preserve--6 beaver per season.
 Meat from harvested beaver must be
 salvaged for human consumption.
Coyote: 10 coyotes.........................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.

[[Page 755]]

 
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 1-Mar. 15.
Wolf: 10 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31
Grouse (Spruce, Ruffed, and Sharp-tailed):   Aug. 10-Mar. 31.
 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Apr. 30.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit. Hide or meat must be       Sep. 15-Jun 10.
 salvaged. Traps, snares, bow and arrow, or
 firearms may be used..
Coyote: No limit...........................  Oct. 15-Apr. 30.
Fox, Red (including Cross, Black and Silver  Nov. 1-Feb. 28.
 Phases): No limit.
Lynx: No limit.............................  Nov. 1-Mar. 15.
Marten: No limit...........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit..................  Nov. 1-Feb. 28.
Muskrat: No limit..........................  Sep. 20-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Oct. 1-Apr. 30.
Wolverine: No limit........................  Nov. 1-Feb. 28.
------------------------------------------------------------------------

    (13) Unit 13. (i) Unit 13 consists of that area westerly of the east 
bank of the Copper River and drained by all tributaries into the west 
bank of the Copper River from Miles Glacier and including the Slana 
River drainages north of Suslota Creek; the drainages into the Delta 
River upstream from Falls Creek and Black Rapids Glacier; the drainages 
into the Nenana River upstream from the southeastern corner of Denali 
National Park at Windy; the drainage into the Susitna River upstream 
from its junction with the Chulitna River; the drainage into the east 
bank of the Chulitna River upstream to its confluence with Tokositna 
River; the drainages of the Chulitna River (south of Denali National 
Park) upstream from its confluence with the Tokositna River; the 
drainages into the north bank of the Tokositna River upstream to the 
base of the Tokositna Glacier; the drainages into the Tokositna Glacier; 
the drainages into the east bank of the Susitna River between its 
confluences with the Talkeetna and Chulitna Rivers; the drainages into 
the north and east bank of the Talkeetna River including the Talkeetna 
River to its confluence with Clear Creek, the eastside drainages of a 
line going up the south bank of Clear Creek to the first unnamed creek 
on the south, then up that creek to lake 4408, along the northeastern 
shore of lake 4408, then southeast in a straight line to the 
northernmost fork of the Chickaloon River; the drainages into the east 
bank of the Chickaloon River below the line from lake 4408; the 
drainages of the Matanuska River above its confluence with the 
Chickaloon River:
    (A) Unit 13A consists of that portion of Unit 13 bounded by a line 
beginning at the Chickaloon River bridge at Mile 77.7 on the Glenn 
Highway, then along the Glenn Highway to its junction with the 
Richardson Highway, then south along the Richardson Highway to the foot 
of Simpson Hill at Mile 111.5, then east to the east bank of the Copper 
River, then northerly along the east bank of the Copper River to its 
junction with the Gulkana River, then northerly along the west bank of 
the Gulkana River to its junction with the West Fork of the Gulkana 
River, then westerly along the west bank of the West Fork of the Gulkana 
River to its source, an unnamed lake, then across the divide into the 
Tyone River drainage, down an unnamed stream into the Tyone River, then 
down the Tyone River to the Susitna River, then down the south bank of 
the Susitna River to the mouth of Kosina Creek, then up Kosina Creek to 
its headwaters, then across the divide and down Aspen Creek to the 
Talkeetna River, then southerly along the boundary of Unit 13 to the 
Chickaloon River bridge, the point of beginning.
    (B) Unit 13B consists of that portion of Unit 13 bounded by a line 
beginning at the confluence of the Copper River and the Gulkana River, 
then up the

[[Page 756]]

east bank of the Copper River to the Gakona River, then up the Gakona 
River and Gakona Glacier to the boundary of Unit 13, then westerly along 
the boundary of Unit 13 to the Susitna Glacier, then southerly along the 
west bank of the Susitna Glacier and the Susitna River to the Tyone 
River, then up the Tyone River and across the divide to the headwaters 
of the West Fork of the Gulkana River, then down the West Fork of the 
Gulkana River to the confluence of the Gulkana River and the Copper 
River, the point of beginning.
    (C) Unit 13C consists of that portion of Unit 13 east of the Gakona 
River and Gakona Glacier.
    (D) Unit 13D consists of that portion of Unit 13 south of Unit 13A.
    (E) Unit 13E consists of the remainder of Unit 13.
    (ii) Within the following areas, the taking of wildlife for 
subsistence uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses on lands within 
Mount McKinley National Park as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (n)(13) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980.
    (B) You may not use motorized vehicles or pack animals for hunting 
from Aug. 5-25 in the Delta Controlled Use Area, the boundary of which 
is defined as: a line beginning at the confluence of Miller Creek and 
the Delta River, then west to vertical angle benchmark Miller, then west 
to include all drainages of Augustana Creek and Black Rapids Glacier, 
then north and east to include all drainages of McGinnis Creek to its 
confluence with the Delta River, then east in a straight line across the 
Delta River to Mile 236.7 Richardson Highway, then north along the 
Richardson Highway to its junction with the Alaska Highway, then east 
along the Alaska Highway to the west bank of the Johnson River, then 
south along the west bank of the Johnson River and Johnson Glacier to 
the head of the Cantwell Glacier, then west along the north bank of the 
Cantwell Glacier and Miller Creek to the Delta River.
    (C) Except for access and transportation of harvested wildlife on 
Sourdough and Haggard Creeks, Middle Fork trails, or other trails 
designated by the Board, you may not use motorized vehicles for 
subsistence hunting in the Sourdough Controlled Use Area. The Sourdough 
Controlled Use Area consists of that portion of Unit 13B bounded by a 
line beginning at the confluence of Sourdough Creek and the Gulkana 
River, then northerly along Sourdough Creek to the Richardson Highway at 
approximately Mile 148, then northerly along the Richardson Highway to 
the Middle Fork Trail at approximately Mile 170, then westerly along the 
trail to the Gulkana River, then southerly along the east bank of the 
Gulkana River to its confluence with Sourdough Creek, the point of 
beginning.
    (D) You may not use any motorized vehicle or pack animal for 
hunting, including the transportation of hunters, their hunting gear, 
and/or parts of game from July 26-September 30 in the Tonsina Controlled 
Use Area. The Tonsina Controlled Use Area consists of that portion of 
Unit 13D bounded on the west by the Richardson Highway from the Tiekel 
River to the Tonsina River at Tonsina, on the north along the south bank 
of the Tonsina River to where the Edgerton Highway crosses the Tonsina 
River, then along the Edgerton Highway to Chitina, on the east by the 
Copper River from Chitina to the Tiekel River, and on the south by the 
north bank of the Tiekel River.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.
    (B) Upon written request by the Camp Director to the Glennallen 
Field Office, 2 caribou, sex to be determined by the Glennallen Field 
Office Manager of the BLM, may be taken from Aug. 10-Sep. 30 or Oct. 21-
Mar. 31 by Federal registration permit for the Hudson Lake Residential 
Treatment Camp. Additionally, 1 bull moose may be taken Aug. 1-Sep. 20. 
The animals may be taken by any federally qualified hunter designated by 
the Camp Director. The hunter must have in his/her possession the permit 
and a designated hunter

[[Page 757]]

permit during all periods that are being hunted.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear: 1 bear. Bears taken within       Aug. 10-May 31.
 Denali National Park must be sealed within
 5 days of harvest. That portion within
 Denali National Park will be closed by
 announcement of the Superintendent after 4
 bears have been harvested.
Caribou:
    Units 13A and 13B--2 caribou by Federal  Aug. 1-Sep. 30.
     registration permit only. The sex of    Oct. 21-Mar. 31.
     animals that may be taken will be
     announced by the Glennallen Field
     Office Manager of the Bureau of Land
     Management in consultation with the
     Alaska Department of Fish and Game
     area biologist and Chairs of the
     Eastern Interior Regional Advisory
     Council and the Southcentral Regional
     Advisory Council.
    Unit 13, remainder--2 bulls by Federal   Aug. 1-Sep. 30.
     registration permit only.               Oct. 21-Mar. 31.
Sheep: Unit 13, excluding Unit 13D and the   Aug. 10-Sep. 20.
 Tok Management Area and Delta Controlled
 Use Area--1 ram with \7/8\ curl or larger
 horn.
Moose:
    Unit 13E--1 antlered bull moose by       Aug. 1-Sep. 20.
     Federal registration permit only; only
     1 permit will be issued per household.
    Unit 13, remainder--1 antlered bull      Aug. 1-Sep. 20.
     moose by Federal registration permit
     only.
Beaver: 1 beaver per day, 1 in possession..  June 15-Sep. 10.
Coyote: 10 coyotes.........................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 10-Feb. 28.
Wolf: 10 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Feb. 28.
Grouse (Spruce, Ruffed, and Sharp-tailed):   Aug. 10-Mar. 31.
 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Mar. 31.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Sep. 25-May 31.
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): No limit.
Lynx: No limit.............................  Nov. 10-Feb. 28.
Marten: Unit 13--No limit..................  Nov. 10-Feb. 28.
Mink and Weasel: No limit..................  Nov. 10-Feb. 28.
Muskrat: No limit..........................  Sep. 25-June 10.
Otter: No limit............................  Nov. 10-Mar. 31.
Wolf: No limit.............................  Oct. 15-Apr. 30.
Wolverine: No limit........................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (14) Unit 14. (i) Unit 14 consists of drainages into the northern 
side of Turnagain Arm west of and excluding the Portage Creek drainage, 
drainages into Knik Arm excluding drainages of the Chickaloon and 
Matanuska Rivers in Unit 13, drainages into the northern side of Cook 
Inlet east of the Susitna River, drainages into the east bank of the 
Susitna River downstream from the Talkeetna River, and drainages into 
the south and west bank of the Talkeetna River to its confluence with 
Clear Creek, the western side drainages of a line going up the south 
bank of Clear Creek to the first unnamed creek on the south, then up 
that creek to lake 4408, along the northeastern shore of lake 4408, then 
southeast in a straight line to the northernmost fork of the Chickaloon 
River:
    (A) Unit 14A consists of drainages in Unit 14 bounded on the west by 
the east bank of the Susitna River, on the north by the north bank of 
Willow Creek and Peters Creek to its headwaters, then east along the 
hydrologic divide separating the Susitna River and Knik Arm drainages to 
the outlet creek at lake 4408, on the east by the eastern boundary of 
Unit 14, and on the south by Cook Inlet, Knik Arm, the south bank of the 
Knik River from its mouth to its junction with Knik Glacier, across the 
face of Knik Glacier and along the northern side of Knik Glacier to the 
Unit 6 boundary;

[[Page 758]]

    (B) Unit 14B consists of that portion of Unit 14 north of Unit 14A; 
and
    (C) Unit 14C consists of that portion of Unit 14 south of Unit 14A.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) You may not take wildlife for subsistence uses in the Fort 
Richardson and Elmendorf Air Force Base Management Areas, consisting of 
the Fort Richardson and Elmendorf Military Reservations; and
    (B) You may not take wildlife for subsistence uses in the Anchorage 
Management Area, consisting of all drainages south of Elmendorf and Fort 
Richardson military reservations and north of and including Rainbow 
Creek.
    (iii) Unit-specific regulations:

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: Unit 14C--1 bear...............  July 1-June 30.
Beaver: Unit 14C--1 beaver per day, 1 in     May 15-Oct. 31.
 possession.
Coyote: Unit 14C--2 coyotes................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver  Nov. 1-Feb. 15.
 Phases): Unit 14C--2 foxes.
Hare (Snowshoe): Unit 14C--5 hares per day.  Sep. 8-Apr. 30.
Lynx: Unit 14C--2 lynx.....................  Dec. 1-Jan. 31.
Wolf: Unit 14C--5 wolves...................  Aug. 10-Apr. 30.
Wolverine: Unit 14C--1 wolverine...........  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): Unit 14C--5 per  Sep. 8-Mar. 31.
 day, 10 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Sep. 8-Mar. 31.
 Unit 14C--10 per day, 20 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 14C--that portion within the    Dec. 1-Apr. 15.
 drainages of Glacier Creek, Kern Creek,
 Peterson Creek, the Twentymile River and
 the drainages of Knik River outside
 Chugach State Park--20 beaver per season.
Coyote: Unit 14C--No limit.................  Nov. 10-Feb. 28.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): Unit 14C--1 fox.
Lynx: Unit 14C--No limit...................  Dec. 15-Jan. 31.
Marten: Unit 14C--No limit.................  Nov. 10-Jan. 31.
Mink and Weasel: Unit 14C--No limit........  Nov. 10-Jan. 31.
Muskrat: Unit 14C--No limit................  Nov. 10-May 15.
Otter: Unit 14C--No limit..................  Nov. 10-Feb. 28.
Wolf: Unit 14C--No limit...................  Nov. 10-Feb. 28.
Wolverine: Unit 14C--2 wolverines..........  Nov. 10-Jan. 31.
------------------------------------------------------------------------

    (15) Unit 15. (i) Unit 15 consists of that portion of the Kenai 
Peninsula and adjacent islands draining into the Gulf of Alaska, Cook 
Inlet, and Turnagain Arm from Gore Point to the point where longitude 
line 150[deg]00[min] W. crosses the coastline of Chickaloon Bay in 
Turnagain Arm, including that area lying west of longitude line 
150[deg]00[min] W. to the mouth of the Russian River, then southerly 
along the Chugach National Forest boundary to the upper end of Upper 
Russian Lake; and including the drainages into Upper Russian Lake west 
of the Chugach National Forest boundary:
    (A) Unit 15A consists of that portion of Unit 15 north of the north 
bank of the Kenai River and the northern shore of Skilak Lake;
    (B) Unit 15B consists of that portion of Unit 15 south of the north 
bank of the Kenai River and the northern shore of Skilak Lake, and north 
of the north bank of the Kasilof River, the northern shore of Tustumena 
Lake, Glacier Creek, and Tustumena Glacier; and
    (C) Unit 15C consists of the remainder of Unit 15.
    (ii) You may not take wildlife, except for grouse, ptarmigan, and 
hares that may be taken only from October 1 through March 1 by bow and 
arrow only, in the Skilak Loop Management Area, which consists of that 
portion of Unit 15A bounded by a line beginning at the easternmost 
junction of the Sterling Highway and the Skilak Loop (milepost 76.3), 
then due south to the south bank of the Kenai River, then southerly 
along the south bank of the Kenai River to its confluence with Skilak 
Lake, then westerly along the northern shore of Skilak Lake to Lower 
Skilak Lake Campground, then northerly along the Lower Skilak Lake

[[Page 759]]

Campground Road and the Skilak Loop Road to its westernmost junction 
with the Sterling Highway, then easterly along the Sterling Highway to 
the point of beginning.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15;
    (B) You may not trap furbearers for subsistence in the Skilak Loop 
Wildlife Management Area;
    (C) You may not trap marten in that portion of Unit 15B east of the 
Kenai River, Skilak Lake, Skilak River, and Skilak Glacier; and
    (D) You may not take red fox in Unit 15 by any means other than a 
steel trap or snare.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear:
    Units 15A and 15B--2 bears by Federal    July 1-June 30.
     registration permit.
    Unit 15C--3 bears......................  July 1-June 30.
Brown Bear: Unit 15--1 bear every 4          Sep. 1-Nov. 30, to be
 regulatory years by Federal registration     announced and Apr. 1-June
 permit. The season may be opened or closed   15, to be announced.
 by announcement from the Kenai National
 Wildlife Refuge Manager after consultation
 with ADF&G and the Chair of the
 Southcentral Alaska Subsistence Regional
 Advisory Council.
Moose:
    Unit 15A--Skilak Loop Wildlife           No open season.
     Management Area.
    Units 15A, remainder, 15B, and 15C--1    Aug. 10-Sep. 20.
     antlered bull with spike-fork or 50-
     inch antlers or with 3 or more brow
     tines on either antler, by Federal
     registration permit only.
    Units 15B and 15C--1 antlered bull with  Oct. 20-Nov. 10.
     spike-fork or 50-inch antlers or with
     3 or more brow tines on either antler,
     by Federal registration permit only.
     The Kenai NWR Refuge Manager is
     authorized to close the October-
     November season based on conservation
     concerns, in consultation with ADF&G
     and the Chair of the Southcentral
     Alaska Subsistence Regional Advisory
     Council.
    Unit 15C --1 cow by Federal              Aug. 10-Sep. 20.
     registration permit only.
Coyote: No limit...........................  Sep. 1-Apr. 30.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 10-Jan. 31.
Wolf:
    Unit 15-that portion within the Kenai    Aug. 10-Apr. 30.
     National Wildlife Refuge--2 wolves.
    Unit 15, remainder--5 wolves...........  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in           Aug. 10-Mar. 31.
 possession.
Grouse (Ruffed)............................  No open season.
Ptarmigan (Rock, Willow, and White-tailed):
    Unit 15A and 15B--20 per day, 40 in      Aug. 10-Mar. 31.
     possession.
    Unit 15C--20 per day, 40 in possession.  Aug. 10-Dec. 31.
    Unit 15C--5 per day, 10 in possession..  Jan. 1-Mar. 31.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: 20 beaver per season...............  Nov. 10-Mar. 31.
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): 1 Fox.
Lynx: No limit.............................  Jan. 1-31.
Marten:
    Unit 15B--that portion east of the       No open season.
     Kenai River, Skilak Lake, Skilak
     River, and Skilak Glacier.
    Remainder of Unit 15--No limit.........  Nov. 10-Jan. 31.
Mink and Weasel: No limit..................  Nov. 10-Jan. 31.
Muskrat: No limit..........................  Nov. 10-May 15.
Otter: Unit 15--No limit...................  Nov. 10-Feb. 28.
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: Unit 15B and C--No limit........  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (16) Unit 16. (i) Unit 16 consists of the drainages into Cook Inlet 
between Redoubt Creek and the Susitna River, including Redoubt Creek 
drainage, Kalgin Island, and the drainages on the western side of the 
Susitna River (including the Susitna River) upstream to its confluence 
with the Chulitna River; the drainages into the western side of the 
Chulitna River (including the Chulitna River) upstream to the Tokositna 
River, and drainages into the southern side of the Tokositna River 
upstream to the base of the

[[Page 760]]

Tokositna Glacier, including the drainage of the Kahiltna Glacier:
    (A) Unit 16A consists of that portion of Unit 16 east of the east 
bank of the Yentna River from its mouth upstream to the Kahiltna River, 
east of the east bank of the Kahiltna River, and east of the Kahiltna 
Glacier; and
    (B) Unit 16B consists of the remainder of Unit 16.
    (ii) You may not take wildlife for subsistence uses in the Mount 
McKinley National Park, as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (n)(16) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.
    (B) [Reserved]

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Caribou: 1 caribou.........................  Aug. 10-Oct. 31.
Moose:
    Unit 16B-Redoubt Bay Drainages south     Sep. 1-15.
     and west of, and including the
     Kustatan River drainage--1 bull.
    Unit 16B-Denali National Preserve only-- Sep. 1-30.
     1 bull by Federal registration permit.  Dec. 1-Feb. 28.
     One Federal registration permit for
     moose issued per household.
    Unit 16B, remainder--1 bull............  Sep. 1-30.
                                             Dec. 1-Feb. 28.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Dec. 1-Jan. 31.
Wolf: 5 wolves.............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per day, 30   Aug. 10-Mar. 31.
 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Mar. 31.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Oct. 10-May 15.
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 10-Feb. 28.
 Phases): No limit.
Lynx: No limit.............................  Dec. 15-Jan. 31.
Marten: No limit...........................  Nov. 10-Feb. 28.
Mink and Weasel: No limit..................  Nov. 10-Jan. 31.
Muskrat: No limit..........................  Nov. 10-June 10.
Otter: No limit............................  Nov. 10-Mar. 31.
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: No limit........................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (17) Unit 17. (i) Unit 17 consists of drainages into Bristol Bay and 
the Bering Sea between Etolin Point and Cape Newenham, and all islands 
between these points including Hagemeister Island and the Walrus 
Islands:
    (A) Unit 17A consists of the drainages between Cape Newenham and 
Cape Constantine, and Hagemeister Island and the Walrus Islands;
    (B) Unit 17B consists of the Nushagak River drainage upstream from, 
and including the Mulchatna River drainage and the Wood River drainage 
upstream from the outlet of Lake Beverley; and
    (C) Unit 17C consists of the remainder of Unit 17.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public lands:
    (A) Except for aircraft and boats and in legal hunting camps, you 
may not use any motorized vehicle for hunting ungulates, bear, wolves, 
and wolverine, including transportation of hunters and parts of 
ungulates, bear, wolves, or wolverine in the Upper Mulchatna Controlled 
Use Area consisting of Unit 17B, from Aug. 1-Nov. 1.
    (B) [Reserved]
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
15.

[[Page 761]]

    (B) You may hunt brown bear by State registration permit in lieu of 
a resident tag if you have obtained a State registration permit prior to 
hunting.
    (C) If you have a trapping license, you may use a firearm to take 
beaver in Unit 17 from April 15-May 31. You may not take beaver with a 
firearm under a trapping license on National Park Service lands.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 2 bears........................  Aug. 1-May 31.
Brown Bear: Unit 17--1 bear by State         Sep. 1-May 31.
 registration permit only.
Caribou: Unit 17A-all drainages west of      Aug. 1-Mar. 31.
 Right Hand Point--2 caribou by State
 registration permit
    Units 17A and 17C-that portion of 17A    Aug. 1-Mar. 31.
     and 17C consisting of the Nushagak
     Peninsula south of the Igushik River,
     Tuklung River and Tuklung Hills, west
     to Tvativak Bay--up to 5 caribou by
     Federal registration permit.
    Public lands are closed to the taking
     of caribou except by federally
     qualified users unless the population
     estimate exceeds 900 caribou.
    Units 17A remainder and 17C remainder--  Season may be announced
     selected drainages; a harvest limit of   between Aug. 1-Mar. 31.
     up to 2 caribou by State registration
     permit will be determined at the time
     the season is announced.
    Units 17B and 17C-that portion of 17C    Aug. 1-Mar. 31.
     east of the Wood River and Wood River
     Lakes--2 caribou by State registration
     permit.
Sheep: 1 ram with full curl or larger horn.  Aug. 10-Sep. 20.
Moose: Unit 17A--1 bull by State             Aug. 25-Sep. 20.
 registration permit
    Unit 17A--up to 2 moose; one antlered    Up to a 31-day season may
     bull by State registration permit, one   be announced between Dec.
     antlerless moose by State registration   1-last day of Feb.
     permit.
    Units 17B and 17C--one bull............  Aug. 20-Sep. 15.
                                             Dec. 1-31.
    During the period Aug. 20-Sep. 15--one
     bull by State registration permit; or.
    During the period Sep. 1-15--one bull
     with spike-fork or 50-inch antlers or
     antlers with three or more brow tines
     on at least one side with a State
     harvest ticket; or
    During the period Dec. 1-31--one
     antlered bull by State registration
     permit.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No       Dec. 1-Mar. 15.
 limit.
Fox, Red (including Cross, Black and Silver  Sep. 1-Feb. 15.
 Phases): 2 foxes.
Hare (Snowshoe and Tundra): No limit.......  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 10-Feb. 28.
Wolf: 10 wolves............................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per day, 30   Aug. 10-Apr. 30.
 in possession.
Ptarmigan (Rock and Willow): 20 per day, 40  Aug. 10-Apr. 30.
 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Unit 17--No limit                    Oct. 10-Mar. 31.
    Unit 17--2 beaver per day. Only          Apr. 15-May 31.
     firearms may be used.
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase): No       Nov. 10-Mar. 31.
 limit.
Fox, Red (including Cross, Black and Silver  Nov. 10-Mar. 31.
 Phases): No limit.
Lynx: No limit.............................  Nov. 10-Mar. 31.
Marten: No limit...........................  Nov. 10-Feb. 28.
Mink and Weasel: No limit..................  Nov. 10-Feb. 28.
Muskrat: 2 muskrats........................  Nov. 10-Feb. 28.
Otter: No limit............................  Nov. 10-Mar. 31.
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: No limit........................  Nov. 10-Feb. 28.
------------------------------------------------------------------------

    (18) Unit 18. (i) Unit 18 consists of that area draining into the 
Yukon and Kuskokwim Rivers westerly and downstream from a line starting 
at the downriver boundary of Paimiut on the north bank of the Yukon 
River then south across the Yukon River to the northern terminus of the 
Paimiut Portage, then south along the Paimiut Portage to its 
intersection with Arhymot Lake, then south along the northern and 
western bank of Arhymot Lake to the outlet at Crooked Creek (locally 
known as Johnson River), then along the south bank of Crooked Creek 
downstream to the northern terminus

[[Page 762]]

of Crooked Creek to the Yukon-Kuskokwim Portage (locally known as the 
Mud Creek Tramway), then along the west side of the tramway to Mud 
Creek, then along the westerly bank of Mud Creek downstream to an 
unnamed slough of the Kuskokwim River (locally known as First Slough or 
Kalskag Slough), then along the west bank of this unnamed slough 
downstream to its confluence with the Kuskokwim River, then southeast 
across the Kuskokwim River to its southerly bank, then along the south 
bank of the Kuskokwim River upriver to the confluence of a Kuskokwim 
River slough locally known as Old River, then across Old River to the 
downriver terminus of the island formed by Old River and the Kuskokwim 
River, then along the north bank of the main channel of Old River to 
Igyalleq Creek (Whitefish Creek), then along the south and west bank of 
Igyalleq Creek to Whitefish Lake, then directly across Whitefish Lake to 
Ophir Creek, then along the west bank of Ophir Creek to its headwaters 
at 61[deg] 10.22' N. lat., 159[deg] 46.05' W. long., and the drainages 
flowing into the Bering Sea from Cape Newenham on the south to and 
including the Pastolik River drainage on the north; Nunivak, St. 
Matthews, and adjacent islands between Cape Newenham and the Pastolik 
River, and all seaward waters and lands within 3 miles of these 
coastlines.
    (ii) In the Kalskag Controlled Use Area, which consists of that 
portion of Unit 18 bounded by a line from Lower Kalskag on the Kuskokwim 
River, northwesterly to Russian Mission on the Yukon River, then east 
along the north bank of the Yukon River to the old site of Paimiut, then 
back to Lower Kalskag, you are not allowed to use aircraft for hunting 
any ungulate, bear, wolf, or wolverine, including the transportation of 
any hunter and ungulate, bear, wolf, or wolverine part; however, this 
does not apply to transportation of a hunter or ungulate, bear, wolf, or 
wolverine part by aircraft between publicly owned airports in the 
Controlled Use Area or between a publicly owned airport within the Area 
and points outside the Area.
    (iii) Unit-specific regulations:
    (A) If you have a trapping license, you may use a firearm to take 
beaver in Unit 18 from April 1 through June 10.
    (B) You may hunt brown bear by State registration permit in lieu of 
a resident tag if you have obtained a State registration permit prior to 
hunting.
    (C) You may take caribou from a boat moving under power in Unit 18.
    (D) You may take moose from a boat moving under power in that 
portion of Unit 18 west of a line running from the mouth of the Ishkowik 
River to the closest point of Dall Lake, then to the east bank of the 
Johnson River at its entrance into Nunavakanukakslak Lake (N 
60[deg]59.41[min] Latitude; W 162[deg]22.14[min] Longitude), continuing 
upriver along a line \1/2\ mile south and east of, and paralleling a 
line along the southerly bank of the Johnson River to the confluence of 
the east bank of Crooked Creek, then continuing upriver to the outlet at 
Arhymot Lake, then following the south bank west to the Unit 18 border.
    (E) Taking of wildlife in Unit 18 while in possession of lead shot 
size T, .20 caliber or less in diameter, is prohibited.
    (F) You may not pursue with a motorized vehicle an ungulate that is 
at or near a full gallop.
    (G) You may use artificial light when taking a bear at a den site.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear: 1 bear by State registration     Sep. 1-May 31.
 permit only.
Caribou:
    Unit 18-that portion to the east and     Aug. 1-Mar. 15.
     south of the Kuskokwim River--2
     caribou by State registration permit.
    Unit 18, remainder--2 caribou by State   Aug. 1-Mar. 15.
     registration permit.

[[Page 763]]

 
Moose: Unit 18-that portion east of a line   Sep. 1-30.
 running from the mouth of the Ishkowik
 River to the closest point of Dall Lake,
 then to the east bank of the Johnson River
 at its entrance into Nunavakanukakslak
 Lake (N 60[deg]59.41[min] Latitude;
 W162[deg]22.14[min] Longitude), continuing
 upriver along a line \1/2\ mile south and
 east of, and paralleling a line along the
 southerly bank of the Johnson River to the
 confluence of the east bank of Crooked
 Creek, then continuing upriver to the
 outlet at Arhymot Lake, then following the
 south bank east of the Unit 18 border and
 then north of and including the Eek River
 drainage--1 antlered bull by State
 registration permit; quotas will be
 announced annually by the Yukon Delta
 National Wildlife Refuge Manager
    Federal public lands are closed to the
     taking of moose except by residents of
     Tuntutuliak, Eek, Napakiak, Napaskiak,
     Kasigluk, Nunapitchuk, Atmautlauk,
     Oscarville, Bethel, Kwethluk,
     Akiachak, Akiak, Tuluksak, Lower
     Kalskag, and Kalskag.
    Unit 18-south of and including the       No open season.
     Kanektok River drainages to the
     Goodnews River drainage. Federal
     public lands are closed to the taking
     of moose by all users.
    Unit 18--Goodnews River drainage and     Sep. 1-30
     south to the Unit 18 boundary--1
     antlered bull by State registration
     permit.
 or
    1 moose by State registration permit...  A season may be announced
                                              between Dec. 1 and the
                                              last day of Feb.
    Unit 18, remainder--2 moose, only one    Aug. 1-Apr. 30.
     of which may be antlered. Antlered
     bulls may not be harvested from Oct. 1
     through Nov. 30.
Beaver: No limit...........................  July 1-June 30.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2 foxes  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe and Tundra): No limit.......  July 1-June 30.
Lynx: 5 lynx...............................  Aug. 10-Apr. 30.
Wolf: 10 wolves............................  Aug. 10-Apr. 30.
Wolverine: 2 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce and Ruffed): 15 per day, 30   Aug. 10-Apr. 30.
 in possession.
Ptarmigan (Rock and Willow): 15 per day, 30  Aug. 10-May 30.
 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  July 1-June 30.
Coyote: No limit...........................  Nov. 10-Mar. 31.
Fox, Arctic (Blue and White Phase): No       Nov. 10-Mar. 31.
 limit.
Fox, Red (including Cross, Black and Silver  Nov. 10-Mar. 31.
 Phases): No limit.
Lynx: No limit.............................  Nov. 10-Mar. 31.
Marten: No limit...........................  Nov. 10-Mar. 31.
Mink and Weasel: No limit..................  Nov. 10-Jan. 31.
Muskrat: No limit..........................  Nov. 10-June 10.
Otter: No limit............................  Nov. 10-Mar. 31.
Wolf: No limit.............................  Nov. 10-Mar. 31.
Wolverine: No limit........................  Nov. 10-Mar. 31.
------------------------------------------------------------------------

    (19) Unit 19. (i) Unit 19 consists of the Kuskokwim River drainage 
upstream, excluding the drainages of Arhymot Lake, from a line starting 
at the outlet of Arhymot Lake at Crooked Creek (locally known as Johnson 
River), then along the south bank of Crooked Creek downstream to the 
northern terminus of Crooked Creek to the Yukon- Kuskokwim Portage 
(locally known as the Mud Creek Tramway), then along the west side of 
the tramway to Mud Creek, then along the westerly bank of Mud Creek 
downstream to an unnamed slough of the Kuskokwim River (locally known as 
First Slough or Kalskag Slough), then along the west bank of this 
unnamed slough downstream to its confluence with the Kuskokwim River, 
then southeast across the Kuskokwim River to its southerly bank, then 
along the south bank of the Kuskokwim River upriver to the confluence of 
a Kuskokwim River slough locally known as Old River, then across Old 
River to the downriver terminus of the island formed by Old River and 
the Kuskokwim River, then along the north bank of the main channel of 
Old River to Igyalleq Creek (Whitefish Creek), then along the south and 
west bank of Igyalleq Creek to Whitefish Lake, then directly across 
Whitefish

[[Page 764]]

Lake to Ophir Creek then along the west bank of Ophir Creek to its 
headwaters at 61[deg] 10.22' N. lat., 159[deg] 46.05' W. long.:
    (A) Unit 19A consists of the Kuskokwim River drainage downstream 
from and including the Moose Creek drainage on the north bank and 
downstream from and including the Stony River drainage on the south 
bank, excluding Unit 19B;
    (B) Unit 19B consists of the Aniak River drainage upstream from and 
including the Salmon River drainage, the Holitna River drainage upstream 
from and including the Bakbuk Creek drainage, that area south of a line 
from the mouth of Bakbuk Creek to the radar dome at Sparrevohn Air Force 
Base, including the Hoholitna River drainage upstream from that line, 
and the Stony River drainage upstream from and including the Can Creek 
drainage;
    (C) Unit 19C consists of that portion of Unit 19 south and east of a 
line from Benchmark M1.26 (approximately 1.26 miles south of the 
northwestern corner of the original Mt. McKinley National Park boundary) 
to the peak of Lone Mountain, then due west to Big River, including the 
Big River drainage upstream from that line, and including the Swift 
River drainage upstream from and including the North Fork drainage; and
    (D) Unit 19D consists of the remainder of Unit 19.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not take wildlife for subsistence uses on lands within 
Mount McKinley National Park as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (n)(19) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980.
    (B) In the Upper Kuskokwim Controlled Use Area, which consists of 
that portion of Unit 19D upstream from the mouth of the Selatna River, 
but excluding the Selatna and Black River drainages, to a line extending 
from Dyckman Mountain on the northern Unit 19D boundary southeast to the 
1,610-foot crest of Munsatli Ridge, then south along Munsatli Ridge to 
the 2,981-foot peak of Telida Mountain, then northeast to the 
intersection of the western boundary of Denali National Preserve with 
the Minchumina-Telida winter trail, then south along the western 
boundary of Denali National Preserve to the southern boundary of Unit 
19D, you may not use aircraft for hunting moose, including 
transportation of any moose hunter or moose part; however, this does not 
apply to transportation of a moose hunter or moose part by aircraft 
between publicly owned airports in the Controlled Use Area, or between a 
publicly owned airport within the area and points outside the area.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30.
    (B) You may hunt brown bear by State registration permit in lieu of 
a resident tag in those portions of Units19A and 19B downstream of and 
including the Aniak River drainage if you have obtained a State 
registration permit prior to hunting.
    (C) In Unit 19C, individual residents of Nikolai may harvest sheep 
during the Aug. 10 to Sep. 20 season and not have that animal count 
against the community harvest limit (during the Oct. 1 to Mar. 30 
season). Individual residents of Nikolai that harvest a sheep under 
State regulations may not participate in the Oct. 1 to Mar. 30 community 
harvest.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear: Units 19A and 19B-those          Aug. 10-June 30.
 portions which are downstream of and
 including the Aniak River drainage--1 bear
 by State registration permit.
    Units 19A, remainder, 19B, remainder,    Aug. 10-June 30.
     and Unit 19D--1 bear.
Caribou: Units 19A and 19B-(excluding rural  Aug. 1-Mar. 15.
 Alaska residents of Lime Village)--2
 caribou by State registration permit.
    Unit 19C--1 caribou....................  Aug. 10-Oct. 10.

[[Page 765]]

 
    Unit 19D-south and east of the           Aug. 10-Sep. 30.
     Kuskokwim River and North Fork of the   Nov. 1-Jan. 31.
     Kuskokwim River--1 caribou.
    Unit 19D, remainder--1 caribou.........  Aug. 10-Sep. 30.
    Unit 19--Residents domiciled in Lime     July 1-June 30.
     Village only--no individual harvest
     limit but a village harvest quota of
     200 caribou; cows and calves may not
     be taken fromApr. 1-Aug. 9. Reporting
     will be by a community reporting
     system.
Sheep: 1 ram with \7/8\ curl horn or larger  Aug. 10-Sep. 20.
    Unit 19C-that portion within the Denali  Oct. 1-Mar. 30.
     National Park and Preserve-residents
     of Nikolai only--no individual harvest
     limit, but a community harvest quota
     will be set annually by the Denali
     National Park and Preserve
     Superintendent; rams or ewes without
     lambs only. Reporting will be by a
     community reporting system.
Moose: Unit 19-Residents of Lime Village     July 1-June 30.
 only--no individual harvest limit, but a
 village harvest quota of 28 bulls
 (including those taken under the State
 permits). Reporting will be by a community
 reporting system.
    Unit 19A-North of the Kuskokwim River,   No open season.
     upstream from but excluding the George
     River drainage, and south of the
     Kuskokwim River upstream from and
     including the Downey Creek drainage,
     not including the Lime Village
     Management Area; Federal public lands
     are closed to the taking of moose.
    Unit 19A, remainder--1 antlered bull by  Sep. 1-20.
     Federal drawing permit or a State
     permit. Federal public lands are
     closed to the taking of moose except
     by residents of Tuluksak, Lower
     Kalskag, Upper Kalskag, Aniak,
     Chuathbaluk, and Crooked Creek hunting
     under these regulations. The Refuge
     Manager of the Yukon Delta NWR, in
     cooperation with the BLM Field Office
     Manager, will annually establish the
     harvest quota and number of permits to
     be issued in coordination with the
     State Tier I hunt. If the allowable
     harvest level is reached before the
     regular season closing date, the
     Refuge Manager, in consultation with
     the BLM Field Office Manager, will
     announce an early closure of Federal
     public lands to all moose hunting.
    Unit 19B--1 bull with spike-fork or 50-  Sep. 1-20.
     inch antlers or antlers with 4 or more
     brow tines on one side.
    Unit 19C--1 antlered bull..............  Sep. 1-20.
    Unit 19C--1 bull by State registration   Jan. 15-Feb. 15.
     permit.
    Unit 19D-that portion of the Upper       Sep. 1-30.
     Kuskokwim Controlled Use Area within
     the North Fork drainage upstream from
     the confluence of the South Fork to
     the mouth of the Swift Fork--1
     antlered bull.
    Unit 19D-remainder of the Upper          Sep. 1-30.
     Kuskokwim Controlled Use Area--1 bull.  Dec. 1-Feb. 28.
    Unit 19D, remainder--1 antlered bull...  Sep. 1-30.
                                             Dec. 1-15.
Coyote: 10 coyotes.........................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 1-Feb. 28.
Wolf: Unit 19D--10 wolves per day..........  Aug. 10-Apr. 30.
    Unit 19, remainder--5 wolves...........  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-tailed):   Aug. 10-Apr. 30.
 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Apr. 30.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Nov. 1-June 10.
Coyote: No limit...........................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 1-Mar. 31.
 Phases): No limit.
Lynx: No limit.............................  Nov. 1-Feb. 28.
Marten: No limit...........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit..................  Nov. 1-Feb. 28.
Muskrat: No limit..........................  Nov. 1-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Nov. 1-Apr. 30.
Wolverine: No limit........................  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (20) Unit 20. (i) Unit 20 consists of the Yukon River drainage 
upstream from and including the Tozitna River drainage to and including 
the Hamlin Creek drainage, drainages into the south bank of the Yukon 
River upstream from and including the Charley River drainage, the Ladue 
River and Fortymile River drainages, and the Tanana River drainage north 
of Unit 13 and downstream from the east bank of the Robertson River:
    (A) Unit 20A consists of that portion of Unit 20 bounded on the 
south by the

[[Page 766]]

Unit 13 boundary, bounded on the east by the west bank of the Delta 
River, bounded on the north by the north bank of the Tanana River from 
its confluence with the Delta River downstream to its confluence with 
the Nenana River, and bounded on the west by the east bank of the Nenana 
River.
    (B) Unit 20B consists of drainages into the northern bank of the 
Tanana River from and including Hot Springs Slough upstream to and 
including the Banner Creek drainage.
    (C) Unit 20C consists of that portion of Unit 20 bounded on the east 
by the east bank of the Nenana River and on the north by the north bank 
of the Tanana River downstream from the Nenana River.
    (D) Unit 20D consists of that portion of Unit 20 bounded on the east 
by the east bank of the Robertson River and on the west by the west bank 
of the Delta River, and drainages into the north bank of the Tanana 
River from its confluence with the Robertson River downstream to, but 
excluding, the Banner Creek drainage.
    (E) Unit 20E consists of drainages into the south bank of the Yukon 
River upstream from and including the Charley River drainage, and the 
Ladue River drainage.
    (F) Unit 20F consists of the remainder of Unit 20.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not take wildlife for subsistence uses on lands within 
Mount McKinley National Park as it existed prior to December 2, 1980. 
Subsistence uses as authorized by this paragraph (n)(20) are permitted 
in Denali National Preserve and lands added to Denali National Park on 
December 2, 1980.
    (B) You may not use motorized vehicles or pack animals for hunting 
Aug. 5-25 in the Delta Controlled Use Area, the boundary of which is 
defined as: a line beginning at the confluence of Miller Creek and the 
Delta River, then west to vertical angle benchmark Miller, then west to 
include all drainages of Augustana Creek and Black Rapids Glacier, then 
north and east to include all drainages of McGinnis Creek to its 
confluence with the Delta River, then east in a straight line across the 
Delta River to Mile 236.7 of the Richardson Highway, then north along 
the Richardson Highway to its junction with the Alaska Highway, then 
east along the Alaska Highway to the west bank of the Johnson River, 
then south along the west bank of the Johnson River and Johnson Glacier 
to the head of the Canwell Glacier, then west along the north bank of 
the Canwell Glacier and Miller Creek to the Delta River.
    (C) You may not use firearms, snowmobiles, licensed highway vehicles 
or motorized vehicles, except aircraft and boats, in the Dalton Highway 
Corridor Management Area, which consists of those portions of Units 20, 
24, 25, and 26 extending 5 miles from each side of the Dalton Highway 
from the Yukon River to milepost 300 of the Dalton Highway, except as 
follows: Residents living within the Dalton Highway Corridor Management 
Area may use snowmobiles only for the subsistence taking of wildlife. 
You may use licensed highway vehicles only on designated roads within 
the Dalton Highway Corridor Management Area. The residents of Alatna, 
Allakaket, Anaktuvuk Pass, Bettles, Evansville, Stevens Village, and 
residents living within the Corridor may use firearms within the 
Corridor only for subsistence taking of wildlife.
    (D) You may not use any motorized vehicle for hunting August 5-
September 20 in the Glacier Mountain Controlled Use Area, which consists 
of that portion of Unit 20E bounded by a line beginning at Mile 140 of 
the Taylor Highway, then north along the highway to Eagle, then west 
along the cat trail from Eagle to Crooked Creek, then from Crooked Creek 
southwest along the west bank of Mogul Creek to its headwaters on North 
Peak, then west across North Peak to the headwaters of Independence 
Creek, then southwest along the west bank of Independence Creek to its 
confluence with the North Fork of the Fortymile River, then easterly 
along the south bank of the North Fork of the Fortymile River to its 
confluence with Champion Creek, then across the North Fork of the 
Fortymile River to the south bank of Champion Creek and easterly along 
the south bank of Champion Creek to its confluence with Little Champion

[[Page 767]]

Creek, then northeast along the east bank of Little Champion Creek to 
its headwaters, then northeasterly in a direct line to Mile 140 on the 
Taylor Highway; however, this does not prohibit motorized access via, or 
transportation of harvested wildlife on, the Taylor Highway or any 
airport.
    (E) You may by permit hunt moose on the Minto Flats Management Area, 
which consists of that portion of Unit 20 bounded by the Elliot Highway 
beginning at Mile 118, then northeasterly to Mile 96, then east to the 
Tolovana Hotsprings Dome, then east to the Winter Cat Trail, then along 
the Cat Trail south to the Old Telegraph Trail at Dunbar, then westerly 
along the trail to a point where it joins the Tanana River 3 miles above 
Old Minto, then along the north bank of the Tanana River (including all 
channels and sloughs except Swan Neck Slough), to the confluence of the 
Tanana and Tolovana Rivers and then northerly to the point of beginning.
    (F) You may hunt moose only by bow and arrow in the Fairbanks 
Management Area. The Area consists of that portion of Unit 20B bounded 
by a line from the confluence of Rosie Creek and the Tanana River, 
northerly along Rosie Creek to Isberg Road, then northeasterly on Isberg 
Road to Cripple Creek Road, then northeasterly on Cripple Creek Road to 
the Parks Highway, then north on the Parks Highway to Alder Creek, then 
westerly to the middle fork of Rosie Creek through section 26 to the 
Parks Highway, then east along the Parks Highway to Alder Creek, then 
upstream along Alder Creek to its confluence with Emma Creek, then 
upstream along Emma Creek to its headwaters, then northerly along the 
hydrographic divide between Goldstream Creek drainages and Cripple Creek 
drainages to the summit of Ester Dome, then down Sheep Creek to its 
confluence with Goldstream Creek, then easterly along Goldstream Creek 
to Sheep Creek Road, then north on Sheep Creek Road to Murphy Dome Road, 
then west on Murphy Dome Road to Old Murphy Dome Road, then east on Old 
Murphy Dome Road to the Elliot Highway, then south on the Elliot Highway 
to Goldstream Creek, then easterly along Goldstream Creek to its 
confluence with First Chance Creek, Davidson Ditch, then southeasterly 
along the Davidson Ditch to its confluence with the tributary to 
Goldstream Creek in Section 29, then downstream along the tributary to 
its confluence with Goldstream Creek, then in a straight line to First 
Chance Creek, then up First Chance Creek to Tungsten Hill, then 
southerly along Steele Creek to its confluence with Ruby Creek, then 
upstream along Ruby Creek to Esro Road, then south on Esro Road to Chena 
Hot Springs Road, then east on Chena Hot Springs Road to Nordale Road, 
then south on Nordale Road to the Chena River, to its intersection with 
the Trans-Alaska Pipeline right of way, then southeasterly along the 
easterly edge of the Trans-Alaska Pipeline right of way to the Chena 
River, then along the north bank of the Chena River to the Moose Creek 
dike, then southerly along the Moose Creek dike to its intersection with 
the Tanana River, and then westerly along the north bank of the Tanana 
River to the point of beginning.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear April 15-June 30; you may 
use bait to hunt wolves on FWS and BLM lands.
    (B) You may not use a steel trap or a snare using cable smaller than 
3/32-inch diameter to trap coyotes or wolves in Unit 20E during April 
and October.
    (C) Residents of Units 20 and 21 may take up to three moose per 
regulatory year for the celebration known as the Nuchalawoyya Potlatch, 
under the terms of a Federal registration permit. Permits will be issued 
to individuals at the request of the Native Village of Tanana only. This 
three-moose limit is not cumulative with that permitted by the State.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear: Unit 20A--1 bear...............  Sep. 1-May 31.
    Unit 20E--1 bear.......................  Aug. 10-June 30.

[[Page 768]]

 
    Unit 20, remainder--1 bear.............  Sep. 1-May 31.
Caribou: Unit 20E--1 caribou; a joint State/ Aug. 10-Sep. 30.
 Federal registration permit is required.    Nov. 1-Mar. 31.
 During the Aug. 10-Sep. 30 season, the
 harvest is restricted to 1 bull. The
 harvest quota for the period Aug. 10-29 in
 Units 20E, 20F, and 25C is 100 caribou.
 During the Nov. 1-Mar. 31 season, area
 closures or hunt restrictions may be
 announced when Nelchina caribou are
 present in a mix of more than 1 Nelchina
 caribou to 15 Fortymile caribou, except
 when the number of caribou present is low
 enough that fewer than 50 Nelchina caribou
 will be harvested regardless of the mixing
 ratio for the two herds.
    Unit 20F--north of the Yukon River--1    Aug. 10-Mar. 31.
     caribou.
    Unit 20F--east of the Dalton Highway     Aug. 10-Sep. 30.
     and south of the Yukon River--1         Nov. 1-Mar. 31.
     caribou; a joint State/Federal
     registration permit is required.
     During the Aug. 10-Sep. 30 season, the
     harvest is restricted to 1 bull. The
     harvest quota for the period Aug. 10-
     29 in Units 20E, 20F, and 25C is 100
     caribou.
Moose: Unit 20A--1 antlered bull...........  Sep. 1-20.
    Unit 20B--that portion within the Minto  Sep. 1-20.
     Flats Management Area--1 bull by        Jan. 10-Feb. 28.
     Federal registration permit only.
    Unit 20B, remainder--1 antlered bull...  Sep. 1-20.
    Unit 20C-that portion within Denali      Sep. 1-30.
     National Park and Preserve west of the  Nov. 15-Dec. 15.
     Toklat River, excluding lands within
     Mount McKinley National Park as it
     existed prior to December 2, 1980--1
     antlered bull; however, white-phased
     or partial albino (more than 50
     percent white) moose may not be taken.
    Unit 20C, remainder--1 antlered bull;    Sep. 1-30.
     however, white-phased or partial
     albino (more than 50 percent white)
     moose may not be taken.
    Unit 20E--that portion within Yukon-     Aug. 20-Sep. 30.
     Charley Rivers National Preserve--1
     bull.
    Unit 20E--that portion drained by the    Aug. 20-Sep. 30.
     Middle Fork of the Fortymile River
     upstream from and including the Joseph
     Creek drainage--1 bull.
    Unit 20E, remainder--1 bull by joint     Aug. 20-Sep. 30.
     Federal/State registration permit.
    Unit 20F--that portion within the        Sep. 1-25.
     Dalton Highway Corridor Management
     Area--1 antlered bull by Federal
     registration permit only.
    Unit 20F, remainder--1 antlered bull...  Sep. 1-30.
                                             Dec. 1-10.
Sheep: Unit 20E--1 ram with full-curl horn   Aug. 10-Sep. 20.
 or larger.
    Unit 20, remainder.....................  No open season.
Beaver: Unit 20E--Yukon-Charley Rivers       Sep. 20-May 15.
 National Preserve--6 beaver per season.
 Meat from harvested beaver must be
 salvaged for human consumption.
Coyote: 10 coyotes.........................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: Units 20A, 20B, and that portion of    Dec. 1-Jan. 31.
 20C east of the Teklanika River--2 lynx.
    Unit 20E--2 lynx.......................  Nov. 1-Jan. 31.
    Unit 20, remainder--2 lynx.............  Dec. 1-Jan. 31.
Muskrat: Unit 20E, that portion within       Sep. 20-June 10.
 Yukon-Charley Rivers National Preserve--No
 limit.
    Unit 20C, that portion within Denali     Nov. 1-June 10.
     National Park and Preserve--25 muskrat.
    Unit 20, remainder.....................  No open season.
Wolf: Unit 20--10 wolves...................  Aug. 10-Apr. 30.
    Unit 20C, that portion within Denali     Aug. 10-Oct. 31.
     National Park and Preserve--1 wolf      Nov. 1-Apr. 30.
     during the Aug. 10-Oct. 31 period; 5
     wolves during the Nov. 1-Apr. 30
     period, for a total of 6 wolves for
     the season.
    Unit 20C, remainder--10 wolves.........  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-tailed):   Aug. 10-Mar. 31.
 Units 20A, 20B, 20C, 20E, and 20F--15 per
 day, 30 in possession.
Ptarmigan (Rock and Willow): Unit 20--those  Aug. 10-Mar. 31.
 portions within 5 miles of Alaska Route 5
 (Taylor Highway, both to Eagle and the
 Alaska-Canada boundary) and that portion
 of Alaska Route 4 (Richardson Highway)
 south of Delta Junction--20 per day, 40 in
 possession.
    Unit 20, remainder--20 per day, 40 in    Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: Units 20A, 20B, 20C, and 20F--No     Nov. 1-Apr. 15.
 limit.
    Unit 20E--No limit. Hide or meat must    Sep. 15-June 10.
     be salvaged. Traps, snares, bow and
     arrow, or firearms may be used.
Coyote: Unit 20E--No limit.................  Oct. 15-Apr. 30.
    Unit 20, remainder--No limit...........  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 1-Feb. 28.
 Phases): No limit.
Lynx: Unit 20A, 20B, and 20C east of the     Dec. 15-Feb. 15.
 Teklanika River--No limit.
    Unit 20E--No limit.....................  Nov. 1-Mar. 15.
    Unit 20F and 20C, remainder--No limit..  Nov. 1-Feb. 28.
Marten: No limit...........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit..................  Nov. 1-Feb. 28.
Muskrat: Unit 20E--No limit................  Sep. 20-June 10.
    Unit 20, remainder--No limit...........  Nov. 1-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.

[[Page 769]]

 
Wolf: Units 20A, 20B, 20C, and 20F--No       Nov. 1-Apr. 30.
 limit.
    Unit 20E--No limit.....................  Oct. 1-Apr. 30.
Wolverine: No limit........................  Nov. 1-Feb. 28.
------------------------------------------------------------------------

    (21) Unit 21. (i) Unit 21 consists of drainages into the Yukon River 
and Arhymot Lake upstream from a line starting at the downriver boundary 
of Paimiut on the north bank of the Yukon River then south across the 
Yukon River to the northern terminus of the Paimiut Portage, then south 
along the Portage to its intersection with Arhymot Lake, then south 
along the northern and western bank of Arhymot Lake to the outlet at 
Crooked Creek (locally known as Johnson River) drainage then to, but not 
including, the Tozitna River drainage on the north bank, and to but not 
including the Tanana River drainage on the south bank, and excluding the 
Koyukuk River drainage upstream from the Dulbi River drainage:
    (A) Unit 21A consists of the Innoko River drainage upstream from and 
including the Iditarod River drainage.
    (B) Unit 21B consists of the Yukon River drainage upstream from Ruby 
and east of the Ruby-Poorman Road, downstream from and excluding the 
Tozitna River and Tanana River drainages, and excluding the Melozitna 
River drainage upstream from Grayling Creek.
    (C) Unit 21C consists of the Melozitna River drainage upstream from 
Grayling Creek, and the Dulbi River drainage upstream from and including 
the Cottonwood Creek drainage.
    (D) Unit 21D consists of the Yukon River drainage from and including 
the Blackburn Creek drainage upstream to Ruby, including the area west 
of the Ruby-Poorman Road, excluding the Koyukuk River drainage upstream 
from the Dulbi River drainage, and excluding the Dulbi River drainage 
upstream from Cottonwood Creek.
    (E) Unit 21E consists of that portion of Unit 21 in the Yukon River 
and Arhymot Lake drainages upstream from a line starting at the 
downriver boundary of Paimiut on the north bank of the Yukon River, then 
south across the Yukon River to the northern terminus of the Paimiut 
Portage, then south along the Portage to its intersection with Arhymot 
Lake, then along the northern and western bank of Arhymot Lake to the 
outlet at Crooked Creek (locally known as Johnson River) drainage, then 
to, but not including, the Blackburn Creek drainage, and the Innoko 
River drainage downstream from the Iditarod River drainage.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) The Koyukuk Controlled Use Area, which consists of those 
portions of Units 21 and 24 bounded by a line from the north bank of the 
Yukon River at Koyukuk at 64[deg]52.58[min] N lat., 157[deg]43.10[min] W 
long., then northerly to the confluences of the Honhosa and Kateel 
Rivers at 65[deg]28.42[min] N lat., 157[deg]44.89[min] W long., then 
northeasterly to the confluences of Billy Hawk Creek and the Huslia 
River (65[deg]57[min] N lat., 156[deg]41[min] W long.) at 
65[deg]56.66[min] N lat., 156[deg]40.81[min] W long., then easterly to 
the confluence of the forks of the Dakli River at 66[deg]02.56[min] N 
lat., 156[deg] 12.71[min] W long., then easterly to the confluence of 
McLanes Creek and the Hogatza River at66[deg]00.31[min] N lat., 
155[deg]18.57[min] W long., then southwesterly to the crest of 
Hochandochtla Mountain at 65[deg]31.87[min] N lat., 154[deg]52.18[min] W 
long., then southwest to the mouth of Cottonwood Creek at 
65[deg]3.00[min] N lat., 156[deg]06.43[min] W long., then southwest to 
Bishop Rock (Yistletaw) at 64[deg]49.35[min] N lat., 157[deg] 21.73[min] 
W long., then westerly along the north bank of the Yukon River 
(including Koyukuk Island) to the point of beginning, is closed during 
moose hunting seasons to the use of aircraft for hunting moose, 
including transportation of any moose hunter or moose part; however, 
this does not apply to transportation of a moose hunter or moose part by 
aircraft between publicly owned airports in the controlled use area or 
between a publicly owned airport within the area and points outside the 
area; all hunters on the Koyukuk River passing the ADF&G-operated check 
station at

[[Page 770]]

Ella's Cabin (15 miles upstream from the Yukon on the Koyukuk River) are 
required to stop and report to ADF&G personnel at the check station.
    (B) The Paradise Controlled Use Area, which consists of that portion 
of Unit 21 bounded by a line beginning at the old village of Paimiut, 
then north along the west bank of the Yukon River to Paradise, then 
northwest to the mouth of Stanstrom Creek on the Bonasila River, then 
northeast to the mouth of the Anvik River, then along the west bank of 
the Yukon River to the lower end of Eagle Island (approximately 45 miles 
north of Grayling), then to the mouth of the Iditarod River, then 
extending 2 miles easterly down the east bank of the Innoko River to its 
confluence with Paimiut Slough, then south along the east bank of 
Paimiut Slough to its mouth, and then to the old village of Paimiut, is 
closed during moose hunting seasons to the use of aircraft for hunting 
moose, including transportation of any moose hunter or part of moose; 
however, this does not apply to transportation of a moose hunter or part 
of moose by aircraft between publicly owned airports in the Controlled 
Use Area or between a publicly owned airport within the area and points 
outside the area.
    (iii) In Unit 21D, you may hunt brown bear by State registration 
permit in lieu of a resident tag if you have obtained a State 
registration permit prior to hunting. Aircraft may not be used in any 
manner for brown bear hunting under the authority of a brown bear State 
registration permit, including transportation of hunters, bears, or 
parts of bears; however, this does not apply to transportation of bear 
hunters or bear parts by regularly scheduled flights to and between 
communities by carriers that normally provide scheduled service to this 
area, nor does it apply to transportation of aircraft to or between 
publicly owned airports.
    (iv) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30; and in the Koyukuk Controlled Use Area, you may also use bait to 
hunt black bear between September 1 and September 25.
    (B) If you have a trapping license, you may use a firearm to take 
beaver in Unit 21(E) from Nov. 1-June 10.
    (C) The residents of Units 20 and 21 may take up to three moose per 
regulatory year for the celebration known as the Nuchalawoyya Potlatch, 
under the terms of a Federal registration permit. Permits will be issued 
to individuals only at the request of the Native Village of Tanana. This 
three-moose limit is not cumulative with that permitted by the State.
    (D) The residents of Unit 21 may take up to three moose per 
regulatory year for the celebration known as the Kaltag/Nulato 
Stickdance, under the terms of a Federal registration permit. Permits 
will be issued to individuals only at the request of the Native Village 
of Kaltag or Nulato. This three-moose limit is not cumulative with that 
permitted by the State.

------------------------------------------------------------------------
             Harvest limits                         Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears.....................  July 1-June 30.
Brown Bear:
    Unit 21D--1 bear by State             Aug. 10-June 30.
     registration permit only.
    Unit 21, remainder--1 bear..........  Aug. 10-June 30.
Caribou:
    Unit 21A--1 caribou.................  Aug. 10-Sep. 30.
                                          Dec. 10-20.
    Unit 21B--that portion north of the   No open season.
     Yukon River and downstream from
     Ukawutni Creek.
    Unit 21C--the Dulbi and Melozitna     No open season.
     River drainages downstream from Big
     Creek.
    Unit 21B remainder, 21C remainder,    Aug. 10-Sep. 30.
     and 21E--1 caribou.
    Unit 21D--north of the Yukon River    Winter season to be announced.
     and east of the Koyukuk River--
     caribou may be taken during a
     winter season to be announced.
    Unit 21D, remainder--5 caribou per
     day, as follows: Calves may not be
     taken.
    Bulls may be harvested..............  July 1-Oct. 14.
                                          Feb. 1-June 30.

[[Page 771]]

 
    Cows may be harvested...............  Sep. 1-Mar. 31.
Moose:
    Unit 21B--that portion within the     Sep. 5-Oct. 1.
     Nowitna National Wildlife Refuge
     downstream from and including the
     Little Mud River drainage--1 bull.
     A State registration permit is
     required from Sep. 5-25. A Federal
     registration permit is required
     from Sep. 26-Oct. 1.
    Unit 21B--that portion within the     Five-day season to be
     Nowitna National Wildlife Refuge      announced between Dec. 1 and
     downstream from and including the     Mar. 31.
     Little Mud River drainage--1
     antlered bull. A Federal
     registration permit is required
     during the 5-day season and will be
     limited to one per household.
    Units 21A and 21B, remainder--1 bull  Aug. 20-Sep. 25.
                                          Nov. 1-30.
    Unit 21C--1 antlered bull...........  Sep. 5-25.
    Unit 21D--Koyukuk Controlled Use      Sep. 1-25.
     Area--1 bull; 1 antlerless moose by  Mar. 1-5 season to be
     Federal permit if authorized by       announced.
     announcement by the Koyukuk/Nowitna
     NWR manager. Harvest of cow moose
     accompanied by calves is
     prohibited. A harvestable surplus
     of cows will be determined for a
     quota.
 or
    1 antlered bull by Federal permit,    Apr. 10-15 season to be
     if there is no Mar. 1-5 season and    announced.
     if authorized by announcement by
     the Koyukuk/Nowitna NWR manager and
     BLM Central Yukon field office
     manager. A harvestable surplus of
     bulls will be determined for a
     quota. Announcement for the March
     and April seasons and harvest
     quotas will be made after
     consultation with the ADF&G area
     biologist and the Chairs of the
     Western Interior Regional Advisory
     Council and Middle Yukon and
     Koyukuk River Fish and Game
     Advisory Committee.
    Unit 21D, remainder--1 moose;         Aug. 22-31.
     however, antlerless moose may be     Sep. 5-25.
     taken only during Sep. 21-25 and     Mar. 1-5 season to be
     the Mar. 1-5 season if authorized     announced.
     jointly by the Koyukuk/Nowitna
     National Wildlife Refuge Manager
     and the Central Yukon Field Office
     Manager, Bureau of Land Management.
     Harvest of cow moose accompanied by
     calves is prohibited. During the
     Aug. 22-31 and Sep. 5-25 seasons, a
     State registration permit is
     required. During the Mar. 1-5
     season, a Federal registration
     permit is required. Announcement
     for the antlerless moose seasons
     and cow quotas will be made after
     consultation with the ADF&G area
     biologist and the Chairs of the
     Western Interior Regional Advisory
     Council and the Middle Yukon Fish
     and Game Advisory Committee.
    Unit 21E--1 moose; however, only      Aug. 25-Sep. 30.
     bulls may be taken from Aug. 25-
     Sep. 30.
    During the Feb. 15--Mar. 15 season,   Feb. 15-Mar. 15.
     a Federal registration permit is
     required. The permit conditions and
     any needed closures for the winter
     season will be announced by the
     Innoko NWR manager after
     consultation with the ADF&G area
     biologist and the Chairs of the
     Western Interior Regional Advisory
     Council and the Middle Yukon Fish
     and Game Advisory Committee as
     stipulated in a letter of
     delegation. Moose may not be taken
     within one-half mile of the Innoko
     or Yukon River during the winter
     season.
Beaver:
    Unit 21E--No limit..................  Nov. 1-June 10.
    Unit 21, remainder..................  No open season.
Coyote: 10 coyotes......................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and      Sep. 1-Mar. 15.
 Silver Phases): 10 foxes; however, no
 more than 2 foxes may be taken prior to
 Oct. 1.
Hare (Snowshoe and Tundra): No limit....  July 1-June 30.
Lynx: 2 lynx............................  Nov. 1-Feb. 28.
Wolf: 5 wolves..........................  Aug. 10-Apr. 30.
Wolverine: 1 wolverine..................  Sep. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-        Aug. 10-Apr. 30.
 tailed): 15 per day, 30 in possession.
Ptarmigan (Rock, Willow, and White-       Aug. 10-Apr. 30.
 tailed): 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No Limit........................  Nov. 1-June 10.
Coyote: No limit........................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and      Nov. 1-Feb. 28.
 Silver Phases): No limit.
Lynx: No limit..........................  Nov. 1-Feb. 28.
Marten: No limit........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit...............  Nov. 1-Feb. 28.
Muskrat: No limit.......................  Nov. 1-June 10.
Otter: No limit.........................  Nov. 1-Apr. 15.
Wolf: No limit..........................  Nov. 1-Apr. 30.

[[Page 772]]

 
Wolverine: No limit.....................  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (22) Unit 22. (i) Unit 22 consists of Bering Sea, Norton Sound, 
Bering Strait, Chukchi Sea, and Kotzebue Sound drainages from, but 
excluding, the Pastolik River drainage in southern Norton Sound to, but 
not including, the Goodhope River drainage in Southern Kotzebue Sound, 
and all adjacent islands in the Bering Sea between the mouths of the 
Goodhope and Pastolik Rivers:
    (A) Unit 22A consists of Norton Sound drainages from, but excluding, 
the Pastolik River drainage to, and including, the Ungalik River 
drainage, and Stuart and Besboro Islands.
    (B) Unit 22B consists of Norton Sound drainages from, but excluding, 
the Ungalik River drainage to, and including, the Topkok Creek drainage.
    (C) Unit 22C consists of Norton Sound and Bering Sea drainages from, 
but excluding, the Topkok Creek drainage to, and including, the Tisuk 
River drainage, and King and Sledge Islands.
    (D) Unit 22D consists of that portion of Unit 22 draining into the 
Bering Sea north of, but not including, the Tisuk River to and including 
Cape York and St. Lawrence Island.
    (E) Unit 22E consists of Bering Sea, Bering Strait, Chukchi Sea, and 
Kotzebue Sound drainages from Cape York to, but excluding, the Goodhope 
River drainage, and including Little Diomede Island and Fairway Rock.
    (ii) You may hunt brown bear by State registration permit in lieu of 
a resident tag if you have obtained a State registration permit prior to 
hunting. Aircraft may not be used in any manner for brown bear hunting 
under the authority of a brown bear State registration permit, including 
transportation of hunters, bears, or parts of bears; however, this does 
not apply to transportation of bear hunters or bear parts by regularly 
scheduled flights to and between communities by carriers that normally 
provide scheduled service to this area, nor does it apply to 
transportation of aircraft to or between publicly owned airports.
    (iii) Unit-specific regulations:
    (A) If you have a trapping license, you may use a firearm to take 
beaver in Unit 22 during the established seasons.
    (B) Coyote, incidentally taken with a trap or snare, may be used for 
subsistence purposes.
    (C) A snowmachine may be used to position a hunter to select 
individual caribou for harvest provided that the animals are not shot 
from a moving snowmachine.
    (D) The taking of one bull moose and up to three musk oxen by the 
community of Wales is allowed for the celebration of the Kingikmuit 
Dance Festival under the terms of a Federal registration permit. Permits 
will be issued to individuals only at the request of the Native Village 
of Wales. The harvest may occur only within regularly established 
seasons in Unit 22E. The harvest will count against any established 
quota for the area.
    (E) A federally qualified subsistence user (recipient) may designate 
another federally qualified subsistence user to take musk oxen on his or 
her behalf unless the recipient is a member of a community operating 
under a community harvest system. The designated hunter must get a 
designated hunter permit and must return a completed harvest report. The 
designated hunter may hunt for any number of recipients in the course of 
a season, but have no more than two harvest limits in his/her possession 
at any one time, except in Unit 22E where a resident of Wales or 
Shishmaref acting as a designated hunter may hunt for any number of 
recipients, but have no more than four harvest limits in his/her 
possession at any one time.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear:

[[Page 773]]

 
    Units 22A and 22B--3 bears.............  July 1-June 30.
    Unit 22, remainder.....................  No open season.
Brown Bear:
    Units 22A, 22D remainder, and 22E--1     Aug. 1-May 31.
     bear by State registration permit only.
    Unit 22B--2 bears by State registration  Aug. 1-May 31.
     permit.
    Unit 22C--1 bear by State registration   Aug. 1-Oct. 31.
     permit only.                            Apr. 1-May 31.
    Unit 22D--that portion west of the       July 1-June 30.
     Tisuk River drainage, west of the west
     bank of the unnamed creek originating
     at the Unit boundary opposite the
     headwaters of McAdam's Creek and west
     of the west bank of Canyon Creek to
     its confluence with Tuksuk Channel--2
     bears by Federal registration permit.
Caribou:
    Unit 22B--that portion west of Golovnin  Oct. 1-Apr. 30.
     Bay and west of a line along the west   May 1-Sep. 30, a season may
     bank of the Fish and Niukluk Rivers to   be announced.
     the mouth of the Libby River, and
     excluding all portions of the Niukluk
     River drainage upstream from and
     including the Libby River drainage--5
     caribou per day by State registration
     permit. Calves may not be taken.
    Units 22A--that portion north of the     July 1-June 30.
     Golsovia River drainage, 22B
     remainder, that portion of Unit 22D in
     the Kuzitrin River drainage (excluding
     the Pilgrim River drainage), and the
     Agiapuk River drainages, including the
     tributaries, and Unit 22E-that portion
     east of and including the Tin Creek
     drainage--5 caribou per day by State
     registration permit. Calves may not be
     taken.
    Unit 22A, remainder--5 caribou per day   July 1-June 30, season may
     by State registration permit. Calves     be announced.
     may not be taken.
    Unit 22D, that portion in the Pilgrim    Oct. 1-Apr. 30.
     River drainage--5 caribou per day by    May 1-Sep. 30, season may
     State registration permit. Calves may    be announced.
     not be taken.
    Units 22C, 22D remainder, 22E            July 1-June 30, season may
     remainder--5 caribou per day by State    be announced.
     registration permit. Calves may not be
     taken.
Moose:
    Unit 22A--that portion north of and      Aug. 1-Sep. 30.
     including the Tagoomenik and
     Shaktoolik River drainages--1 bull.
     Federal public lands are closed to
     hunting except by federally qualified
     users hunting under these regulations.
    Unit 22A--that portion in the            Aug. 15-Sep. 14.
     Unalakleet drainage and all drainages
     flowing into Norton Sound north of the
     Golsovia River drainage and south of
     the Tagoomenik and Shaktoolik River
     drainages--Federal public lands are
     closed to the taking of moose, except
     that residents of Unalakleet, hunting
     under these regulations, may take 1
     bull by Federal registration permit,
     administered by the BLM Anchorage
     Field Office with the authority to
     close the season in consultation with
     ADF&G.
    Unit 22A, remainder--1 bull. However,    Aug. 1-Sep. 30.
     during the period Jan.1-Feb. 15, only   Jan. 1-Feb. 15.
     an antlered bull may be taken. Federal
     public lands are closed to the taking
     of moose except by federally qualified
     subsistence users.
    Unit 22B--west of the Darby Mountains--  Sep. 1-14.
     1 bull by State registration permit.
     Quotas and any needed closures will be
     announced by the Anchorage Field
     Office Manager of the BLM, in
     consultation with NPS and ADF&G.
     Federal public lands are closed to the
     taking of moose except by federally
     qualified subsistence users hunting
     under these regulations.
    Unit 22B--west of the Darby Mountains--  Jan. 1-31.
     1 bull by either Federal or State
     registration permit. Quotas and any
     needed season closures will be
     announced by the Anchorage Field
     Office Manager of the BLM, in
     consultation with NPS, and ADF&G.
     Federal public lands are closed to the
     taking of moose except by residents of
     White Mountain and Golovin hunting
     under these regulations.
    Unit 22B, remainder--1 bull............  Aug. 1-Jan. 31.
    Unit 22C--1 antlered bull..............  Sep. 1-14.
    Unit 22D--that portion within the        Sep. 1-14.
     Kougarok, Kuzitrin, and Pilgrim River
     drainages--1 bull by State
     registration permit. Quotas and any
     needed closures will be announced by
     the Anchorage Field Office Manager of
     the BLM, in consultation with NPS and
     ADF&G. Federal public lands are closed
     to the taking of moose except by
     residents of Units 22D and 22C hunting
     under these regulations.
    Unit 22D--that portion west of the       Sep. 1-14.
     Tisuk River drainage and Canyon Creek--
     1 bull by State registration permit.
     Quotas and any needed closures will be
     announced by the Anchorage Field
     Office Manager of the BLM, in
     consultation with NPS and ADF&G.
    Unit 22D--that portion west of the       Dec. 1-31.
     Tisuk River drainage and Canyon Creek--
     1 bull by Federal registration permit.
     Quotas and any needed closures will be
     announced by the Anchorage Field
     Office Manager of the BLM, in
     consultation with NPS and ADF&G.
     Federal public lands are closed to the
     taking of moose except by residents of
     Units 22D and 22C hunting under these
     regulations.
    Unit 22D, remainder--1 bull............  Aug. 10-Sep. 14.
                                             Oct. 1-Nov. 30.
    Unit 22D, remainder--1 moose; however,   Dec. 1-31.
     no person may take a calf or a cow
     accompanied by a calf.
    Unit 22D, remainder--1 antlered bull...  Jan. 1-31.
    Unit 22E--1 antlered bull. Federal       Aug. 1-Mar. 15.
     public lands are closed to the taking
     of moose except by federally qualified
     subsistence users hunting under these
     regulations.

[[Page 774]]

 
Musk ox:
    Unit 22B--1 bull by Federal permit or    Aug. 1-Mar. 15.
     State permit. Federal public lands are
     closed to the taking of musk ox except
     by federally qualified subsistence
     users hunting under these regulations.
    Unit 22D--that portion west of the       Sep. 1-Mar. 15.
     Tisuk River drainage and Canyon Creek--
     1 bull by Federal permit or State
     permit. Federal public lands are
     closed to the harvest of musk ox
     except by residents of Nome and Teller
     hunting under these regulations.
    Unit 22D, that portion within the        Aug. 1-Mar. 15.
     Kuzitrin River drainages--1 bull by
     Federal permit or State permit.
     Federal public lands are closed to the
     taking of musk ox except for residents
     of Council, Golovin, White Mountain,
     Nome, Teller, and Brevig Mission
     hunting under these regulations.
    Unit 22D, remainder--1 bull by Federal   Aug. 1-Mar. 15.
     permit or State permit. Federal public
     lands are closed to the taking of musk
     ox except by residents of Elim, White
     Mountain, Nome, Teller, and Brevig
     Mission hunting under these
     regulations.
    Unit 22E--1 bull by Federal permit or    Aug. 1-Mar. 15.
     State permit. Federal public lands are
     closed to the harvest of musk ox
     except by federally qualified
     subsistence users hunting under these
     regulations.
    Unit 22, remainder.....................  No open season.
Beaver:
    Units 22A, 22B, 22D, and 22E--50 beaver  Nov. 1-June 10.
    Unit 22, remainder.....................  No open season.
Coyote.....................................  No open season.
Fox, Arctic (Blue and White Phase): 2 foxes  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver  Nov. 1-Apr. 15.
 Phases): 10 foxes.
Hare (Snowshoe and Tundra): No limit.......  Sep. 1-Apr. 15.
Lynx: 2 lynx...............................  Nov. 1-Apr. 15.
Marten:
    Units 22A and 22B--No limit............  Nov. 1-Apr. 15.
    Unit 22, remainder.....................  No open season.
Mink and Weasel: No limit..................  Nov. 1-Jan. 31.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Nov. 1-Apr. 15.
Wolverine: 3 wolverines....................  Sep. 1-Mar. 31.
Grouse (Spruce): 15 per day, 30 in           Aug. 10-Apr. 30.
 possession.
Ptarmigan (Rock and Willow):
    Units 22A and 22B east of and including  Aug. 10-Apr. 30.
     the Niukluk River drainage--40 per
     day, 80 in possession.
    Unit 22E--20 per day, 40 in possession.  July 15-May 15.
    Unit 22, remainder--20 per day, 40 in    Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Units 22A, 22B, 22D, and 22E--50 beaver  Nov. 1-June 10.
    Unit 22C...............................  No open season.
Coyote.....................................  No open season.
Fox, Arctic (Blue and White Phase): No       Nov. 1-Apr. 15.
 limit.
Fox, Red (including Cross, Black and Silver  Nov. 1-Apr. 15.
 Phases): No limit.
Lynx: No limit.............................  Nov. 1-Apr. 15.
Marten: No limit...........................  Nov. 1-Apr. 15.
Mink and Weasel: No limit..................  Nov. 1-Jan. 31.
Muskrat: No limit..........................  Nov. 1-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Nov. 1-Apr. 30.
Wolverine: No limit........................  Nov. 1-Apr. 15.
------------------------------------------------------------------------

    (23) Unit 23. (i) Unit 23 consists of Kotzebue Sound, Chukchi Sea, 
and Arctic Ocean drainages from and including the Goodhope River 
drainage to Cape Lisburne.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use aircraft in any manner either for hunting of 
ungulates, bear, wolves, or wolverine, or for transportation of hunters 
or harvested species in the Noatak Controlled Use Area for the period 
August 15-September 30. The Area consists of that portion of Unit 23 in 
a corridor extending 5 miles on either side of the Noatak River 
beginning at the mouth of the Noatak River, and extending upstream to 
the mouth of Sapun Creek. This closure does not apply to the 
transportation of hunters or parts of ungulates, bear, wolves, or 
wolverine by regularly scheduled flights to communities by

[[Page 775]]

carriers that normally provide scheduled air service.
    (B) [Reserved]
    (iii) You may not use aircraft in any manner for brown bear hunting, 
including transportation of hunters, bears, or parts of bears; however, 
this does not apply to transportation of bear hunters or bear parts by 
regularly scheduled flights to and between communities by carriers that 
normally provide scheduled service to this area, nor does it apply to 
transportation of aircraft to or between publicly owned airports.
    (iv) Unit-specific regulations:
    (A) You may take caribou from a boat moving under power in Unit 23.
    (B) In addition to other restrictions on method of take found in 
this section, you may also take swimming caribou with a firearm using 
rimfire cartridges.
    (C) If you have a trapping license, you may take beaver with a 
firearm in all of Unit 23 from Nov. 1-June 10.
    (D) For the Baird and DeLong Mountain sheep hunts--A federally 
qualified subsistence user (recipient) may designate another federally 
qualified subsistence user to take sheep on his or her behalf unless the 
recipient is a member of a community operating under a community harvest 
system. The designated hunter must obtain a designated hunter permit and 
must return a completed harvest report. The designated hunter may hunt 
for only one recipient in the course of a season and may have both his 
and the recipients' harvest limits in his/her possession at the same 
time.
    (E) A snowmachine may be used to position a hunter to select 
individual caribou for harvest provided that the animals are not shot 
from a moving snowmachine. On BLM-managed lands only, a snowmachine may 
be used to position a caribou, wolf, or wolverine for harvest provided 
that the animals are not shot from a moving snowmachine.
    (F) A federally qualified subsistence user (recipient) may designate 
another federally qualified subsistence user to take musk oxen on his or 
her behalf unless the recipient is a member of a community operating 
under a community harvest system. The designated hunter must get a 
designated hunter permit and must return a completed harvest report. The 
designated hunter may hunt for any number of recipients, but have no 
more than two harvest limits in his/her possession at any one time.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  Jul. 1-Jun. 30.
Brown Bear: Unit 23--2 bears by State        Jul. 1-Jun. 30.
 subsistence registration permit.
Caribou:
    Unit 23--that portion which includes
     all drainages north and west of, and
     including, the Singoalik River
     drainage--5 caribou per day by State
     registration permit as follows:.
        Calves may not be taken............
        Bulls may be harvested.............  Jul. 1-Oct. 14.
                                             Feb. 1-Jun. 30.
        Cows may be harvested. However,      Jul. 15-Apr. 30.
         cows accompanied by calves may not
         be taken July 15-Oct. 14.
    Unit 23, remainder--5 caribou per day
     by State registration permit, as
     follows:.
        Calves may not be taken............
        Bulls may be harvested.............  Jul. 1-Oct. 31.
                                             Feb. 1-Jun. 30.
        Cows may be harvested. However,      Jul. 31-Mar. 31
         cows accompanied by calves may not
         be taken July 31-Oct. 14.
        Federal public lands within a 10-
         mile-wide corridor (5 miles either
         side) along the Noatak River from
         the western boundary of Noatak
         National Preserve upstream to the
         confluence with the Cutler River;
         within the northern and southern
         boundaries of the Eli and
         Agashashok River drainages,
         respectively; and within the
         Squirrel River drainage are closed
         to caribou hunting except by
         federally qualified subsistence
         users hunting under these
         regulations.
Sheep:
    Unit 23--south of Rabbit Creek, Kiyak    May be announced.
     Creek, and the Noatak River, and west
     of the Cutler and Redstone Rivers
     (Baird Mountains)--1 sheep by Federal
     registration permit. Federal public
     lands are closed to the taking of
     sheep except by federally qualified
     subsistence users hunting under these
     regulations.

[[Page 776]]

 
    Unit 23--north of Rabbit Creek, Kiyak    May be announced.
     Creek, and the Noatak River, and west
     of the Aniuk River (DeLong Mountains)--
     1 sheep by Federal registration permit.
    Unit 23, remainder (Schwatka Mountains)  May be announced.
     except for that portion within Gates
     of the Arctic National Park and
     Preserve--1 sheep by Federal
     registration permit.
    Unit 23, remainder (Schwatka Mountains)  Aug. 10-Sep. 20.
     that portion within Gates of the
     Arctic National Park and Preserve--1
     ram with \7/8\ curl or larger horn.
    Unit 23, remainder (Schwatka Mountains)  Oct. 1-Apr. 30.
     that portion within Gates of the
     Arctic National Park and Preserve--1
     sheep.
Moose:
    Unit 23--that portion north and west of
     and including the Singoalik River
     drainage, and all lands draining into
     the Kukpuk and Ipewik Rivers--1 moose.
        Bulls may be harvested.............  July 1-Dec. 31.
        Cows may be harvested..............  Nov. 1-Dec. 31.
        No person may take a calf or a cow
         accompanied by a calf.
    Unit 23, remainder--1 moose............
        Bulls may be harvested.............  Aug. 1-Dec. 31.
        Cows may be harvested..............  Nov. 1-Dec. 31.
        No person may take a calf or a cow
         accompanied by a calf.
Musk ox:
    Unit 23--south of Kotzebue Sound and     Aug. 1-Mar. 15.
     west of and including the Buckland
     River drainage--1 bull by Federal
     permit or State permit.
    Federal public lands are closed to the
     taking of musk oxen except by
     federally qualified subsistence users
     hunting under these regulations.
    Unit 23--Cape Krusenstern National       Aug. 1-Mar. 15.
     Monument--1 bull by Federal permit.
     Cape Krusenstern National Monument is
     closed to the taking of musk oxen
     except by federally qualified
     subsistence users but not residents of
     Point Hope.
    Unit 23--that portion north and west of  Aug. 1-Mar. 15
     the Kobuk River drainage--1 bull by
     State or Federal registration permit.
    Unit 23, remainder.....................  No open season.
Beaver: No limit...........................  July 1-June 30.
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): No       Sep. 1-Apr. 30.
 limit.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): No limit.
Hare: (Snowshoe and Tundra) No limit.......  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 1-Apr. 15.
Wolf: 15 wolves............................  Oct. 1-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Muskrat: No limit..........................  July 1-June 30.
Grouse (Spruce and Ruffed): 15 per day, 30   Aug. 10-Apr. 30.
 in possession..
Ptarmigan (Rock, Willow, and White-tailed):  Aug. 10-Apr. 30.
 20 per day, 40 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 23--the Kobuk and Selawik River     July 1-June 30.
     drainages--50 beaver.
    Unit 23, remainder--30 beaver..........  July 1-June 30.
Coyote: No limit...........................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase): No       Nov. 1-Apr. 15.
 limit.
Fox, Red (including Cross, Black and Silver  Nov. 1-Apr. 15.
 Phases): No limit.
Lynx: No limit.............................  Nov. 1-Apr. 15.
Marten: No limit...........................  Nov. 1-Apr. 15.
Mink and Weasel: No limit..................  Nov. 1-Jan. 31.
Muskrat: No limit..........................  Nov. 1-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Nov. 1-Apr. 30.
Wolverine: No limit........................  Nov. 1-Apr. 15.
------------------------------------------------------------------------

    (24) Unit 24. (i) Unit 24 consists of the Koyukuk River drainage 
upstream from but not including the Dulbi River drainage:
    (A) Unit 24A consists of the Middle Fork of the Koyukuk River 
drainage upstream from but not including the Harriet Creek and North 
Fork Koyukuk River drainages, to the South Fork of the Koyukuk River 
drainage upstream from Squaw Creek, the Jim River Drainage, the Fish 
Creek drainage upstream from and including the Bonanza Creek drainage, 
to the 1,410 ft. peak of the hydrologic divide with the northern fork of 
the Kanuti Chalatna River at N lat. 66[deg]33.303[min] W long. 
151[deg]03.637[min] and following the unnamed northern fork of the 
Kanuti Chalatna Creek to the confluence of the southern fork of the 
Kanuti Chalatna River at N lat. 66[deg]27.090[min] W long. 
151[deg]23.841[min], 4.2

[[Page 777]]

miles SSW (194 degrees true) of Clawanmenka Lake and following the 
unnamed southern fork of the Kanuti Chalatna Creek to the hydrologic 
divide with the Kanuti River drainage at N lat. 66[deg]19.789[min] W 
long. 151[deg]10.102[min], 3.0 miles ENE (79 degrees true) from the 
2,055 ft. peak on that divide, and the Kanuti River drainage upstream 
from the confluence of an unnamed creek at N lat. 66[deg]13.050[min] W 
long. 151[deg]05.864[min], 0.9 miles SSE (155 degrees true) of a 1,980 
ft. peak on that divide, and following that unnamed creek to the Unit 24 
boundary on the hydrologic divide to the Ray River drainage at N lat. 
66[deg]03.827[min] W long. 150[deg]49.988[min] at the 2,920 ft. peak of 
that divide.
    (B) Unit 24B consists of the Koyukuk River Drainage upstream from 
Dog Island to the Subunit 24A boundary.
    (C) Unit 24C consists of the Hogatza River Drainage, the Koyukuk 
River Drainage upstream from Batza River on the north side of the 
Koyukuk River and upstream from and including the Indian River Drainage 
on the south side of the Koyukuk River to the Subunit 24B boundary.
    (D) Unit 24D consists of the remainder of Unit 24.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use firearms, snowmobiles, licensed highway 
vehicles, or motorized vehicles, except aircraft and boats, in the 
Dalton Highway Corridor Management Area, which consists of those 
portions of Units 20, 24, 25, and 26 extending 5 miles from each side of 
the Dalton Highway from the Yukon River to milepost 300 of the Dalton 
Highway, except as follows: Residents living within the Dalton Highway 
Corridor Management Area may use snowmobiles only for the subsistence 
taking of wildlife. You may use licensed highway vehicles only on 
designated roads within the Dalton Highway Corridor Management Area. The 
residents of Alatna, Allakaket, Anaktuvuk Pass, Bettles, Evansville, and 
Stevens Village, and residents living within the Corridor may use 
firearms within the Corridor only for subsistence taking of wildlife.
    (B) You may not use aircraft for hunting moose, including 
transportation of any moose hunter or moose part in the Kanuti 
Controlled Use Area, which consists of that portion of Unit 24 bounded 
by a line from the Bettles Field VOR to the east side of Fish Creek 
Lake, to Old Dummy Lake, to the south end of Lake Todatonten (including 
all waters of these lakes), to the northernmost headwaters of Siruk 
Creek, to the highest peak of Double Point Mountain, then back to the 
Bettles Field VOR; however, this does not apply to transportation of a 
moose hunter or moose part by aircraft between publicly owned airports 
in the controlled use area or between a publicly owned airport within 
the area and points outside the area.
    (C) You may not use aircraft for hunting moose, including 
transportation of any moose hunter or moose part in the Koyukuk 
Controlled Use Area, which consists of those portions of Units 21 and 24 
bounded by a line from the north bank of the Yukon River at Koyukuk at 
64[deg]52.58[min] N lat., 157[deg]43.10[min] W long., then northerly to 
the confluences of the Honhosa and Kateel Rivers at 65[deg]28.42[min] N 
lat., 157[deg]44.89[min] W long., then northeasterly to the confluences 
of Billy Hawk Creek and the Huslia River (65[deg]57 N lat., 156[deg]41 W 
long.) at 65[deg]56.66[min] N lat., 156[deg]40.81[min] W long., then 
easterly to the confluence of the forks of the Dakli River at 
66[deg]02.56[min] N lat., 156[deg]12.71[min] W long., then easterly to 
the confluence of McLanes Creek and the Hogatza River at 
66[deg]00.31[min] N lat., 155[deg]18.57[min] W long., then southwesterly 
to the crest of Hochandochtla Mountain at 65[deg]31.87[min] N lat., 
154[deg]52.18[min] W long., then southwest to the mouth of Cottonwood 
Creek at 65[deg]13.00[min] N lat., 156[deg] 06.43[min] W long., then 
southwest to Bishop Rock (Yistletaw) at 64[deg] 49.35[min] N. lat., 
157[deg]21.73[min] W long., then westerly along the north bank of the 
Yukon River (including Koyukuk Island) to the point of beginning. 
However, this does not apply to transportation of a moose hunter or 
moose part by aircraft between publicly owned airports in the controlled 
use area or between a publicly owned airport within the area and points 
outside the area. All hunters on the Koyukuk River passing the ADF&G-
operated check station at Ella's Cabin (15 miles upstream from the Yukon 
on the Koyukuk River) are

[[Page 778]]

required to stop and report to ADF&G personnel at the check station.
    (iii) You may hunt brown bear by State registration permit in lieu 
of a resident tag if you have obtained a State registration permit prior 
to hunting. You may not use aircraft in any manner for brown bear 
hunting under the authority of a brown bear State registration permit, 
including transportation of hunters, bears, or parts of bears. However, 
this prohibition does not apply to transportation of bear hunters or 
bear parts by regularly scheduled flights to and between communities by 
carriers that normally provide scheduled service to this area, nor does 
it apply to transportation of aircraft to or between publicly owned 
airports.
    (iv) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 
30; and in the Koyukuk Controlled Use Area, you may also use bait to 
hunt black bear between September 1 and September 25.
    (B) Arctic fox, incidentally taken with a trap or snare intended for 
red fox, may be used for subsistence purposes.
    (C) If you are a resident of Unit 24A, 24B, or 24C, during the dates 
of Oct. 15-Apr. 30, you may use an artificial light when taking a black 
bear, including a sow accompanied by cub(s), at a den site within the 
portions of Gates of the Arctic National Park and Preserve that are 
within Unit 24A, 24B, or 24C.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear: Unit 24--1 bear by State         Aug. 10-June 30.
 registration permit.
Caribou:
    Unit 24A--that portion south of the      Aug. 10-Mar. 31.
     south bank of the Kanuti River--1
     caribou.
    Unit 24B--that portion south of the      Aug. 10-Mar. 31.
     south bank of the Kanuti River,
     upstream from and including that
     portion of the Kanuti-Kilolitna River
     drainage, bounded by the southeast
     bank of the Kodosin-Nolitna Creek,
     then downstream along the east bank of
     the Kanuti-Kilolitna River to its
     confluence with the Kanuti River--1
     caribou.
    Units 24A remainder, 24B remainder--5
     caribou per day as follows:.
        Calves may not be taken............
        Bulls may be harvested.............  July 1-Oct. 14.
                                             Feb. 1-June 30.
        Cows may be harvested..............  July 15-Apr. 30.
    Units 24C, 24D--5 caribou per day as
     follows:.
        Calves may not be taken............
        Bulls may be harvested.............  July 1-Oct. 14.
                                             Feb. 1-June 30.
        Cows may be harvested..............  Sep. 1-Mar. 31.
Sheep:
    Units 24A and 24B--(Anaktuvuk Pass       July 15-Dec. 31.
     residents only)-that portion within
     the Gates of the Arctic National Park--
     community harvest quota of 60 sheep,
     no more than 10 of which may be ewes,
     and a daily possession limit of 3
     sheep per person, no more than 1 of
     which may be a ewe.
    Units 24A and 24B--(excluding Anaktuvuk  Aug. 1-Apr. 30.
     Pass residents)-that portion within
     the Gates of the Arctic National Park--
     3 sheep, no more than one of which may
     be a ewe, by Federal registration
     permit only, with exception for
     residents of Alatna and Allakaket who
     will report by a National Park Service
     community harvest system.
    Unit 24A-except that portion within the  Aug. 20-Sep. 30.
     Gates of the Arctic National Park--1
     ram by Federal registration permit
     only.
    Unit 24, remainder--1 ram with \7/8\     Aug. 10-Sep. 20.
     curl or larger horn.
Moose:
    Unit 24A--1 antlered bull by Federal     Aug. 25-Oct. 1.
     registration permit.
    Unit 24B--that portion within the John   Aug. 1-Dec. 14.
     River Drainage--1 moose by State
     harvest ticket.
                                             or
    1 antlered bull by State registration    Dec. 15-Apr. 15.
     permit.
    Unit 24B, remainder--1 antlered bull by  Aug. 25-Oct. 1.
     State harvest ticket.
    or                                       or
    1 antlered bull by State registration    Dec. 15-Apr. 15.
     permit.
    Federal public lands in the Kanuti
     Controlled Use Area, as described in
     Federal regulations, are closed to
     taking of moose, except by federally
     qualified subsistence users of Unit
     24, Koyukuk, and Galena.
    Units 24C and 24D--that portion within   Sep. 1-25.
     the Koyukuk Controlled Use Area and
     Koyukuk National Wildlife Refuge--1
     bull.

[[Page 779]]

 
    1 antlerless moose by Federal permit if  Mar. 1-5 to be announced.
     authorized by announcement by the
     Koyukuk/Nowitna National Wildlife
     Refuge Manager and BLM Field Office
     Manager Central Yukon Field Office.
     Harvest of cow moose accompanied by
     calves is prohibited. A harvestable
     surplus of cows will be determined for
     a quota.
    or                                       or
    1 antlered bull by Federal permit, if    Apr. 10-15 to be announced.
     there is no Mar. 1-5 season and if
     authorized by announcement by the
     Koyukuk/Nowitna National Wildlife
     Refuge Manager and BLM Field Office
     Manager Central Yukon Field Office.
     Harvest of cow moose accompanied by
     calves is prohibited. Announcement for
     the March and April seasons and
     harvest quotas will be made after
     consultation with the ADF&G Area
     Biologist and the Chairs of the
     Western Interior Alaska Subsistence
     Regional Advisory Council, and the
     Middle Yukon and Koyukuk River Fish
     and Game Advisory Committees.
    Unit 24C, remainder and Unit 24D,        Aug. 25-Oct. 1.
     remainder--1 antlered bull. During the
     Sep. 5-25 season, a State registration
     permit is required.
Coyote: 10 coyotes.........................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 1-Feb. 28.
Wolf: 15 wolves; however, no more than 5     Aug. 10-Apr. 30.
 wolves may be taken prior to Nov. 1.
Wolverine: 5 wolverine; however, no more     Sep. 1-Mar. 31.
 than 1 wolverine may be taken prior to
 Nov. 1.
Grouse (Spruce, Ruffed, and Sharp-tailed):   Aug. 10-Apr. 30.
 15 per day, 30 in possession.
Ptarmigan (Rock and Willow): 20 per day, 40  Aug. 10-Apr. 30.
 in possession..
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver: No limit...........................  Nov. 1-June 10.
Coyote: No limit...........................  Nov. 1-Mar. 31.
Fox, Red (including Cross, Black and Silver  Nov. 1-Feb. 28.
 Phases): No limit.
Lynx:
    Unit 24A--no limit.....................  Nov. 1-Mar 31.
    Units 24B, 24C, and 24D--no limit......  Nov. 1-Feb. 28.
Marten: No limit...........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit..................  Nov. 1-Feb. 28.
Muskrat: No limit..........................  Nov. 1-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Nov. 1-Apr. 30.
Wolverine: No limit........................  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (25) Unit 25. (i) Unit 25 consists of the Yukon River drainage 
upstream from but not including the Hamlin Creek drainage, and excluding 
drainages into the south bank of the Yukon River upstream from the 
Charley River:
    (A) Unit 25A consists of the Hodzana River drainage upstream from 
the Narrows, the Chandalar River drainage upstream from and including 
the East Fork drainage, the Christian River drainage upstream from 
Christian, the Sheenjek River drainage upstream from and including the 
Thluichohnjik Creek, the Coleen River drainage, and the Old Crow River 
drainage.
    (B) Unit 25B consists of the Little Black River drainage upstream 
from but not including the Big Creek drainage, the Black River drainage 
upstream from and including the Salmon Fork drainage, the Porcupine 
River drainage upstream from the confluence of the Coleen and Porcupine 
Rivers, and drainages into the north bank of the Yukon River upstream 
from Circle, including the islands in the Yukon River.
    (C) Unit 25C consists of drainages into the south bank of the Yukon 
River upstream from Circle to the Subunit 20E boundary, the Birch Creek 
drainage upstream from the Steese Highway bridge (milepost 147), the 
Preacher Creek drainage upstream from and including the Rock Creek 
drainage, and the Beaver Creek drainage upstream from and including the 
Moose Creek drainage.
    (D) Unit 25D consists of the remainder of Unit 25.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use firearms, snowmobiles, licensed highway vehicles 
or motorized vehicles, except aircraft and boats in the Dalton Highway 
Corridor Management Area, which consists of those portions of Units 20, 
24, 25, and 26

[[Page 780]]

extending 5 miles from each side of the Dalton Highway from the Yukon 
River to milepost 300 of the Dalton Highway, except as follows: 
Residents living within the Dalton Highway Corridor Management Area may 
use snowmobiles only for the subsistence taking of wildlife. You may use 
licensed highway vehicles only on designated roads within the Dalton 
Highway Corridor Management Area. The residents of Alatna, Allakaket, 
Anaktuvuk Pass, Bettles, Evansville, Stevens Village, and residents 
living within the Corridor may use firearms within the Corridor only for 
subsistence taking of wildlife.
    (B) The Arctic Village Sheep Management Area consists of that 
portion of Unit 25A north and west of Arctic Village, which is bounded 
on the east by the East Fork Chandalar River beginning at the confluence 
of Red Sheep Creek and proceeding southwesterly downstream past Arctic 
Village to the confluence with Crow Nest Creek, continuing up Crow Nest 
Creek, through Portage Lake, to its confluence with the Junjik River; 
then down the Junjik River past Timber Lake and a larger tributary, to a 
major, unnamed tributary, northwesterly, for approximately 6 miles where 
the stream forks into two roughly equal drainages; the boundary follows 
the easternmost fork, proceeding almost due north to the headwaters and 
intersects the Continental Divide; the boundary then follows the 
Continental Divide easterly, through Carter Pass, then easterly and 
northeasterly approximately 62 miles along the divide to the headwaters 
of the most northerly tributary of Red Sheep Creek then follows 
southerly along the divide designating the eastern extreme of the Red 
Sheep Creek drainage then to the confluence of Red Sheep Creek and the 
East Fork Chandalar River.
    (iii) Unit-specific regulations:
    (A) You may use bait to hunt black bear between April 15 and June 30 
and between August 1 and September 25; in Unit 25D you may use bait to 
hunt brown bear between April 15 and June 30 and between August 1 and 
September 25; you may use bait to hunt wolves on FWS and BLM lands.
    (B) You may take caribou and moose from a boat moving under power in 
Unit 25.
    (C) The taking of bull moose outside the seasons provided in this 
part for food in memorial potlatches and traditional cultural events is 
authorized in Unit 25D west provided that:
    (1) The person organizing the religious ceremony or cultural event 
contacts the Refuge Manager, Yukon Flats National Wildlife Refuge, prior 
to taking or attempting to take bull moose and provides to the Refuge 
Manager the name of the decedent, the nature of the ceremony or cultural 
event, number to be taken, and the general area in which the taking will 
occur.
    (2) Each person who takes a bull moose under this section must 
submit a written report to the Refuge Manager, Yukon Flats National 
Wildlife Refuge, not more than 15 days after the harvest specifying the 
harvester's name and address, and the date(s) and location(s) of the 
taking(s).
    (3) No permit or harvest ticket is required for taking under this 
section; however, the harvester must be an Alaska rural resident with 
customary and traditional use in Unit 25D west.
    (4) Any moose taken under this provision counts against the annual 
quota of 60 bulls.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear:
    Units 25A, 25B, and 25C--3 bears or 3    July 1-June 30.
     bears by State community harvest        July 1-June 30.
     permit.
    Unit 25D--5 bears......................  July 1-June 30.
Brown Bear:
    Units 25A and 25B--1 bear..............  Aug. 10-June 30.
    Unit 25C--1 bear.......................  Sep. 1-May 31.
    Unit 25D--2 bears every regulatory year  July 1-June 30.
Caribou:

[[Page 781]]

 
    Unit 25A--in those portions west of the  July 1-June 30.
     east bank of the East Fork of the
     Chandalar River extending from its
     confluence with the Chandalar River
     upstream to Guilbeau Pass and north of
     the south bank of the mainstem of the
     Chandalar River at its confluence with
     the East Fork Chandalar River west
     (and north of the south bank) along
     the West Fork Chandalar River--10
     caribou. However, only bulls may be
     taken May 16-June 30.
    Unit 25C--1 caribou; a joint Federal/    Aug. 10-Sep. 30.
     State registration permit is required.  Nov. 1-Mar. 31.
     During the Aug. 10-Sep. 30 season, the
     harvest is restricted to 1 bull. The
     harvest quota between Aug.10-29 in
     Units 20E, 20F, and 25C is 100 caribou.
    Unit 25D-that portion of Unit 25D        Aug. 10-Sep. 30.
     drained by the west fork of the Dall    Dec. 1-31.
     River west of 150[deg] W. long.--1
     bull.
    Units 25A remainder, 25B, and Unit 25D,  July 1-Apr. 30.
     remainder--10 caribou.
Sheep:
    Unit 25A--that portion within the        No open season.
     Dalton Highway Corridor Management
     Area.
    Units 25A--Arctic Village Sheep          Aug. 10-Apr. 30.
     Management Area--2 rams by Federal
     registration permit only.
    Federal public lands are closed to the
     taking of sheep except by rural Alaska
     residents of Arctic Village, Venetie,
     Fort Yukon, Kaktovik, and Chalkyitsik
     hunting under these regulations.
    Unit 25A, remainder--3 sheep by Federal  Aug. 10-Apr. 30.
     registration permit only.
    Units 25B, 25C, and 25D--1 ram with      Aug. 10-Sep. 20.
     full-curl horn or larger.
Moose:
    Unit 25A--1 antlered bull..............  Aug. 25-Sep. 25.
                                             Dec. 1-10.
    Unit 25B--that portion within Yukon-     Aug. 20-Oct. 7.
     Charley National Preserve--1 bull.
    Unit 25B--that portion within the        Aug. 25-Oct. 7.
     Porcupine River drainage upstream       Dec. 1-10.
     from, but excluding the Coleen River
     drainage--1 antlered bull.
    Unit 25B--that portion, other than       Sep. 5-Oct. 7.
     Yukon-Charley Rivers National           Dec. 1-15.
     Preserve, draining into the north bank
     of the Yukon River upstream from and
     including the Kandik River drainage,
     including the islands in the Yukon
     River--1 antlered bull.
    Unit 25B, remainder--1 antlered bull...  Aug. 25-Oct. 7.
                                             Dec. 1-15.
    Unit 25C--1 antlered bull..............  Aug. 20-Sep. 30.
    Unit 25D (west)--that portion lying      Aug. 25-Feb. 28.
     west of a line extending from the Unit
     25D boundary on Preacher Creek, then
     downstream along Preacher Creek, Birch
     Creek, and Lower Mouth of Birch Creek
     to the Yukon River, then downstream
     along the north bank of the Yukon
     River (including islands) to the
     confluence of the Hadweenzic River,
     then upstream along the west bank of
     the Hadweenzic River to the confluence
     of Forty and One-Half Mile Creek, then
     upstream along Forty and One-Half Mile
     Creek to Nelson Mountain on the Unit
     25D boundary--1 bull by a Federal
     registration permit. Permits will be
     available in the following villages:
     Beaver (25 permits), Birch Creek (10
     permits), and Stevens Village (25
     permits). Permits for residents of 25D
     (west) who do not live in one of the
     three villages will be available by
     contacting the Yukon Flats National
     Wildlife Refuge Office in Fairbanks or
     a local Refuge Information Technician.
     Moose hunting on public land in Unit
     25D (west) is closed at all times
     except for residents of Unit 25D
     (west) hunting under these
     regulations. The moose season will be
     closed by announcement of the Refuge
     Manager Yukon Flats NWR when 60 moose
     have been harvested in the entirety
     (from Federal and non-Federal lands)
     of Unit 25D (west).
    Unit 25D, remainder--1 antlered moose..  Aug. 25-Oct. 1.
                                             Dec. 1-20.
Beaver:
    Unit 25A, 25B, and 25D--1 beaver per     June 11-Aug. 31.
     day; 1 in possession.
    Unit 25A, 25B, and 25D--no limit.......  Sep. 1-June 10.
    Unit 25C...............................  No open season.
Coyote: 10 coyotes.........................  Aug. 10-Apr. 30.
Fox, Red (including Cross, Black and Silver  Sep. 1-Mar. 15.
 Phases): 10 foxes; however, no more than 2
 foxes may be taken prior to Oct. 1.
Hare (Snowshoe): No limit..................  July 1-June 30.
Lynx:
    Unit 25C--2 lynx.......................  Dec. 1-Jan. 31.
    Unit 25, remainder--2 lynx.............  Nov. 1-Feb. 28.
Muskrat:
    Units 25B and 25C, that portion within   Nov. 1-June 10.
     Yukon-Charley Rivers National
     Preserve--No limit.
    Unit 25, remainder.....................  No open season.
Wolf:
    Unit 25A--No limit.....................  Aug. 10-Apr. 30.
    Unit 25, remainder--10 wolves..........  Aug. 10-Apr. 30.
Wolverine: 1 wolverine.....................  Sep. 1-Mar. 31.
Grouse (Spruce, Ruffed, and Sharp-tailed):
    Unit 25C--15 per day, 30 in possession.  Aug. 10-Mar. 31.
    Unit 25, remainder--15 per day, 30 in    Aug. 10-Apr. 30.
     possession.
Ptarmigan (Rock and Willow):

[[Page 782]]

 
    Unit 25C--those portions within 5 miles  Aug. 10-Mar. 31.
     of Route 6 (Steese Highway)--20 per
     day, 40 in possession.
    Unit 25, remainder--20 per day, 40 in    Aug. 10-Apr. 30.
     possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Beaver:
    Unit 25C--No limit.....................  Nov. 1-Apr. 15.
    Unit 25, remainder--50 beaver..........  Nov. 1-Apr. 15.
Coyote: No limit...........................  Oct. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver  Nov. 1-Feb. 28.
 Phases): No limit.
Lynx: No limit.............................  Nov. 1-Mar. 31.
Marten: No limit...........................  Nov. 1-Feb. 28.
Mink and Weasel: No limit..................  Nov. 1-Feb. 28.
Muskrat: No limit..........................  Nov. 1-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Oct. 1-Apr. 30.
Wolverine:
    Unit 25C--No limit.....................  Nov. 1-Mar. 31.
    Unit 25, remainder--No limit...........  Nov. 1-Mar. 31.
------------------------------------------------------------------------

    (26) Unit 26. (i) Unit 26 consists of Arctic Ocean drainages between 
Cape Lisburne and the Alaska-Canada border, including the Firth River 
drainage within Alaska:
    (A) Unit 26A consists of that portion of Unit 26 lying west of the 
Itkillik River drainage and west of the east bank of the Colville River 
between the mouth of the Itkillik River and the Arctic Ocean;
    (B) Unit 26B consists of that portion of Unit 26 east of Unit 26A, 
west of the west bank of the Canning River and west of the west bank of 
the Marsh Fork of the Canning River; and
    (C) Unit 26C consists of the remainder of Unit 26.
    (ii) In the following areas, the taking of wildlife for subsistence 
uses is prohibited or restricted on public land:
    (A) You may not use aircraft in any manner for moose hunting, 
including transportation of moose hunters or parts of moose during the 
periods July. 1-Sep. 14 and Jan. 1-Mar. 31 in Unit 26A; however, this 
does not apply to transportation of moose hunters, their gear, or moose 
parts by aircraft between publicly owned airports.
    (B) You may not use firearms, snowmobiles, licensed highway vehicles 
or motorized vehicles, except aircraft and boats, in the Dalton Highway 
Corridor Management Area, which consists of those portions of Units 20, 
24, 25, and 26 extending 5 miles from each side of the Dalton Highway 
from the Yukon River to milepost 300 of the Dalton Highway, except as 
follows: Residents living within the Dalton Highway Corridor Management 
Area may use snowmobiles only for the subsistence taking of wildlife. 
You may use licensed highway vehicles only on designated roads within 
the Dalton Highway Corridor Management Area. The residents of Alatna, 
Allakaket, Anaktuvuk Pass, Bettles, Evansville, Stevens Village, and 
residents living within the Corridor may use firearms within the 
Corridor only for subsistence taking of wildlife.
    (iii) You may not use aircraft in any manner for brown bear hunting, 
including transportation of hunters, bears or parts of bears. However, 
this does not apply to transportation of bear hunters or bear parts by 
regularly scheduled flights to and between communities by carriers that 
normally provide scheduled service to this area, nor does it apply to 
transportation of aircraft to or between publicly owned airports.
    (iv) Unit-specific regulations:
    (A) You may take caribou from a boat moving under power in Unit 26.
    (B) In addition to other restrictions on method of take found in 
this section, you may also take swimming caribou with a firearm using 
rimfire cartridges.
    (C) In Kaktovik, a federally qualified subsistence user (recipient) 
may designate another federally qualified subsistence user to take sheep 
or musk ox

[[Page 783]]

on his or her behalf unless the recipient is a member of a community 
operating under a community harvest system. The designated hunter must 
obtain a designated hunter permit and must return a completed harvest 
report. The designated hunter may hunt for any number of recipients but 
may have no more than two harvest limits in his/her possession at any 
one time.
    (D) For the DeLong Mountain sheep hunts--A federally qualified 
subsistence user (recipient) may designate another federally qualified 
subsistence user to take sheep on his or her behalf unless the recipient 
is a member of a community operating under a community harvest system. 
The designated hunter must obtain a designated hunter permit and must 
return a completed harvest report. The designated hunter may hunt for 
only one recipient in the course of a season and may have both his and 
the recipient's harvest limits in his/her possession at the same time.

------------------------------------------------------------------------
               Harvest limits                        Open season
------------------------------------------------------------------------
                                 Hunting
------------------------------------------------------------------------
Black Bear: 3 bears........................  July 1-June 30.
Brown Bear:
    Unit 26A--1 bear by State subsistence    July 1-June 30.
     registration permit.
    Unit 26B--1 bear.......................  Jan. 1-Dec. 31.
    Unit 26 C--1 bear......................  Aug. 10-June 30.
Caribou:
    Unit 26A--that portion of the Colville
     River drainage upstream from the
     Anaktuvuk River, and drainages of the
     Chukchi Sea south and west of, and
     including the Utukok River drainage--5
     caribou per day by State registration
     permit as follows:.
        Calves may not be taken............
        Bulls may be harvested.............  July 1-Oct. 14.
                                             Dec. 6-June 30.
        Cows may be harvested; however,      July 16-Mar. 15.
         cows accompanied by calves may not
         be taken July 16-Oct. 15.
    Unit 26A remainder--5 caribou per day
     by State registration permit as
     follows:.
        Calves may not be taken............
        Bulls may be harvested.............  July 1-Oct. 15.
                                             Dec. 6-June 30.
        Up to 3 cows per day may be          July 16-Mar. 15.
         harvested; however, cows
         accompanied by calves may not be
         taken July 16-Oct. 15.
    Unit 26B, that portion south of 69[deg]
     30[min] N. lat. and west of the Dalton
     Highway--5 caribou per day as follows:.
        Bulls may be harvested.............  July 1-Oct. 14.
                                             Dec. 10-June 30.
        Cows may be harvested..............  July 1-Apr. 30.
    Unit 26B remainder--5 caribou per day
     as follows:.
        Bulls may be harvested.............  July 1-June 30.
        Cows may be harvested..............  July 1-May 15.
    Unit 26C--10 caribou per day...........  July 1-Apr. 30.
    You may not transport more than 5
     caribou per regulatory year from Unit
     26 except to the community of
     Anaktuvuk Pass.
Sheep:
    Units 26A and 26B--(Anaktuvuk Pass       July 15-Dec. 31.
     residents only)--that portion within
     the Gates of the Arctic National Park--
     community harvest quota of 60 sheep,
     no more than 10 of which may be ewes
     and a daily possession limit of 3
     sheep per person, no more than 1 of
     which may be a ewe.
    Unit 26A--(excluding Anaktuvuk Pass      Aug. 1-Apr. 30.
     residents)--those portions within the
     Gates of the Arctic National Park--3
     sheep.
    Unit 26A--that portion west of Howard    Season may be announced.
     Pass and the Etivluk River (DeLong
     Mountains)--1 sheep by Federal
     registration permit.
    Unit 26B--that portion within the        Aug. 10-Sep. 20.
     Dalton Highway Corridor Management
     Area--1 ram with \7/8\ curl or larger
     horn by Federal registration permit
     only.
    Unit 26A, remainder and 26B, remainder-- Aug. 10-Sep. 20.
     including the Gates of the Arctic
     National Preserve--1 ram with \7/8\
     curl or larger horn.
    Unit 26C--3 sheep per regulatory year;   Aug. 10-Sep. 20.
     the Aug. 10-Sep. 20 season is           Oct. 1-Apr. 30.
     restricted to 1 ram with \7/8\ curl or
     larger horn. A Federal registration
     permit is required for the Oct. 1-Apr.
     30 season.
Moose:
    Unit 26A--that portion of the Colville   Aug. 1-Sep. 14.
     River drainage upstream from and
     including the Anaktuvuk River
     drainage--1 bull.
    Unit 26A--that portion of the Colville   Feb. 15-Apr. 15.
     River drainage upstream from and
     including the Anaktuvuk River
     drainage--1 moose; however, you may
     not take a calf or a cow accompanied
     by a calf.
    Unit 26A--that portion west of           July 1-Sep. 14.
     156[deg]00[min] W longitude excluding
     the Colville River drainage--1 moose,
     however, you may not take a calf or a
     cow accompanied by a calf.

[[Page 784]]

 
    Unit 26A, remainder--1 bull............  Aug. 1-Sep. 14.
    Unit 26B--excluding the Canning River    Sep. 1-14.
     drainage--1 bull.
    Units 26B, remainder and 26C--1 moose    May be announced.
     by Federal registration permit by
     residents of Kaktovik only. Federal
     public lands are closed to the taking
     of moose except by a Kaktovik resident
     holding a Federal registration permit
     and hunting under these regulations.
Musk ox: Unit 26C--1 bull by Federal         July 15-Mar. 31.
 registration permit only. The number of
 permits that may be issued only to the
 residents of the village of Kaktovik will
 not exceed three percent (3%) of the
 number of musk oxen counted in Unit 26C
 during a pre-calving census. Public lands
 are closed to the taking of musk ox,
 except by rural Alaska residents of the
 village of Kaktovik hunting under these
 regulations
Coyote: 2 coyotes..........................  Sep. 1-Apr. 30.
Fox, Arctic (Blue and White Phase): 2 foxes  Sep. 1-Apr. 30.
Fox, Red (including Cross, Black and Silver
 Phases):
    Units 26A and 26B--10 foxes; however,    Sep. 1-Mar. 15.
     no more than 2 foxes may be taken
     prior to Oct. 1.
    Unit 26C--10 foxes.....................  Nov. 1-Apr. 15.
Hare (Snowshoe and Tundra): No limit.......  July 1-June 30.
Lynx: 2 lynx...............................  Nov. 1-Apr. 15.
Wolf: 15 wolves............................  Aug. 10-Apr. 30.
Wolverine: 5 wolverine.....................  Sep. 1-Mar. 31.
Ptarmigan (Rock and Willow): 20 per day, 40  Aug. 10-Apr. 30.
 in possession.
------------------------------------------------------------------------
                                Trapping
------------------------------------------------------------------------
Coyote: No limit...........................  Nov. 1-Apr. 15.
Fox, Arctic (Blue and White Phase): No       Nov. 1-Apr. 15.
 limit.
Fox, Red (including Cross, Black and Silver  Nov. 1-Apr. 15.
 Phases): No limit.
Lynx: No limit.............................  Nov. 1-Apr. 15.
Marten: No limit...........................  Nov. 1-Apr. 15.
Mink and Weasel: No limit..................  Nov. 1-Jan. 31.
Muskrat: No limit..........................  Nov. 1-June 10.
Otter: No limit............................  Nov. 1-Apr. 15.
Wolf: No limit.............................  Nov. 1-Apr. 30.
Wolverine: No limit........................  Nov. 1-Apr. 15.
------------------------------------------------------------------------


[83 FR 50764, Oct. 9, 2018]



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 paragraph (e) of this section. 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.
    (3) You may not possess, transport, give, receive, or barter 
subsistence-taken fish or their parts that have been taken contrary to 
Federal law or regulation or State law or regulation (unless superseded 
by regulations in this part).
    (b) 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 regulations in this section), you 
may use the following legal types of gear for subsistence fishing:
    (i) A set gillnet;
    (ii) A drift gillnet;
    (iii) A purse seine;
    (iv) A hand purse seine;
    (v) A beach seine;
    (vi) Troll gear;
    (vii) A fish wheel;
    (viii) A trawl;
    (ix) A pot;
    (x) A longline;
    (xi) A fyke net;
    (xii) A lead;
    (xiii) A herring pound;
    (xiv) A dip net;
    (xv) Jigging gear;
    (xvi) A mechanical jigging machine;
    (xvii) A handline;
    (xviii) A cast net;

[[Page 785]]

    (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 (b)(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 regulates 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.
    (ii) Upper Copper River District--The total number of salmon per 
household taken within the Upper Copper River District and exchanged in 
customary

[[Page 786]]

trade to rural residents may not exceed 50 percent of the annual harvest 
of salmon by the household. No more than 50 percent of the annual 
household limit may be sold under paragraphs (b)(11) and (12) of this 
section 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.
    (iii) Customary trade of Yukon River Chinook salmon may only occur 
between Federally qualified rural residents with a current customary and 
traditional use determination for Yukon River Chinook salmon.
    (12) Transactions between a rural resident and others. In customary 
trade, a rural resident may exchange 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 regulates 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 percent of 
the annual household limit may be sold under paragraphs (b)(11) and (12) 
of this section 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.
    (iii) Customary trade of Yukon River Chinook salmon may only occur 
between Federally qualified rural residents with a current customary and 
traditional use determination for Yukon River Chinook salmon.
    (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) 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

[[Page 787]]

to obtain a subsistence fishing permit for an area, the harvest and 
possession limits for taking fish for subsistence uses with a rod and 
reel are the same as for taking fish under State of Alaska subsistence 
fishing regulations in those same areas. If the State does not have a 
specific subsistence season and/or harvest limit for that particular 
species, the limit shall be the same as for taking fish under State of 
Alaska sport fishing regulations.
    (17) 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.
    (18) 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.
    (19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other 
purposes, whitefish, herring, and species for which 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.
    (20) 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.
    (c) 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 (d) of this section.
    (2) If a subsistence fishing permit is required by this section, the 
following permit conditions apply unless otherwise specified in this 
section:
    (i) You may not take more fish for subsistence use than the limits 
set out in the permit;
    (ii) You must obtain the permit prior to fishing;
    (iii) You must have the permit in your possession and readily 
available for inspection while fishing or transporting subsistence-taken 
fish;
    (iv) If specified on the permit, you must record, prior to leaving 
the fishing site, daily records of the catch, showing the number of fish 
taken by species, location and date of catch, and other such information 
as may be required for management or conservation purposes; and
    (v) If the return of catch information necessary for management and 
conservation purposes is required by a fishing permit and you fail to 
comply with such reporting requirements, you are ineligible to receive a 
subsistence permit for that activity during the following calendar year, 
unless you demonstrate that failure to report was due to loss in the 
mail, accident, sickness, or other unavoidable circumstances. You must 
also return any tags or transmitters that have been attached to fish for 
management and conservation purposes.

[[Page 788]]

    (d) 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.
    (e) 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 8:00 a.m. Monday until 8:00 p.m. Saturday.
    (C) Federal public waters of the Unalakleet River, upstream from the 
mouth of the Chirosky River, are closed to the taking of Chinook salmon 
from July 1 to July 31, by all users. The BLM field manager is 
authorized to open the closed area to Federally qualified subsistence 
users or to all users when run strength warrants.
    (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.
    (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. In those locations where 
subsistence fishing permits are required, only one subsistence fishing 
permit will be issued to each household per year. You may subsistence 
fish for salmon with rod and reel in the Yukon River drainage 24

[[Page 789]]

hours per day, 7 days per week, unless rod and reel are specifically 
otherwise restricted in this paragraph (e)(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 5 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 6:00 p.m. Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. 
Wednesday until 6:00 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 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, dip net, 
fish wheel,

[[Page 790]]

or rod and reel, subject to the restrictions set forth in this section.
    (A) In the Yukon River drainage, you may not take salmon for 
subsistence fishing using gillnets with stretched mesh larger than 7.5 
inches.
    (B) In Subdistrict 5D you may take salmon once the mid-range of the 
Canadian interim management escapement goal and the total allowable 
catch goal are projected to be achieved.
    (C) Salmon may be harvested by dip net at any time, except during 
times of conservation when the Federal in-season manager may announce 
restrictions on time, areas, and species.
    (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 5 and 6, you may not take salmon for subsistence 
purposes by drift gillnets.
    (xvi) In District 4 salmon may be taken by drift gillnet not more 
than 150 feet in length unless restricted by special action or as 
modified by regulations in this section.
    (xvii) Unless otherwise specified in this section, you may take fish 
other than salmon 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 fishing gear operating for commercial, 
personal, or subsistence use 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.
    (F) In Racetrack Slough on the Koyukuk River and in the sloughs of 
the Huslia River drainage, from when each river is free of ice through 
June 15, the offshore end of the set gillnet may not be closer than 20 
feet from the opposite bank except that sloughs 40 feet or less in width 
may have \3/4\ width coverage with set gillnet, unless closed by Federal 
special action.
    (xviii) In District 4, from September 21 through May 15, you may use 
jigging gear from shore ice.
    (xix) 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.
    (xx) Only one subsistence fishing permit will be issued to each 
household per year.
    (xxi) In Districts 1, 2, and 3, from June 1 through July 15. If 
ADF&G has announced that Chinook salmon can be sold in the commercial 
fisheries, you may not possess Chinook salmon taken for subsistence 
purposes unless both tips (lobes) of the tail fin have been removed 
before the person conceals the salmon from plain view or transfers the 
salmon from the fishing site.

[[Page 791]]

    (xxii) 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, and 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), 
except the use of gillnets with 6-inch or less mesh size is allowed 
before June 1 in the Kuskokwim River drainage, 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 this paragraph (e)(4).
    (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, 
dip net, 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.
    (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

[[Page 792]]

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 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.
    (xvi) 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.
    (xvii) All tributaries not expressly closed by Federal special 
action, or as modified by regulations in this section, remain open to 
the use of gillnets more than 100 yards upstream from their confluence 
with the Kuskokwim River.
    (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 9:00 a.m. Monday until 9:00 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 9:00 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 2 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 Sixmile Lake and 
its tributaries within and adjacent to the exterior boundaries of Lake 
Clark National Park and Preserve unless otherwise prohibited, and Lake 
Clark and its tributaries, by snagging (by handline or rod and reel), 
using a spear, bow and arrow, rod and reel, 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.
    (E) You may also take fish (except rainbow trout) with a fyke net 
and lead in tributaries of Lake Clark and the tributaries of Sixmile 
Lake within and adjacent to the exterior boundaries of Lake Clark 
National Park and Preserve unless otherwise prohibited.
    (1) You may use a fyke net and lead only with a permit issued by the 
Federal in-season manager.
    (2) All fyke nets and leads must be attended at all times while in 
use.
    (3) All materials used to construct the fyke net and lead must be 
made of

[[Page 793]]

wood and be removed from the water when the fyke net and lead is no 
longer in use.
    (viii) The maximum lengths for set gillnets used to take salmon are 
as follows:
    (A) You may not use set gillnets exceeding 10 fathoms in length in 
the Egegik River;
    (B) In the remaining waters of the area, you may not use set 
gillnets exceeding 25 fathoms in length.
    (ix) You may not operate any part of a set gillnet within 300 feet 
of any part of another set gillnet.
    (x) You must stake and buoy each set gillnet. Instead of having the 
identifying information on a keg or buoy attached to the gillnet, you 
may plainly and legibly inscribe your first initial, last name, and 
subsistence permit number on a sign at or near the set gillnet.
    (xi) You may not operate or assist in operating subsistence salmon 
net gear while simultaneously operating or assisting in operating 
commercial salmon net gear.
    (xii) During State closed commercial herring fishing periods, you 
may not use gillnets exceeding 25 fathoms in length for the subsistence 
taking of herring or capelin.
    (xiii) You may take fish other than salmon, herring, and capelin 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 State 
subsistence salmon permit (permits are issued by ADF&G) except when 
using a Federal permit for fyke net and lead.
    (xv) Only one State subsistence fishing permit for salmon and one 
Federal permit for use of a fyke net and lead for all fish (except 
rainbow trout) 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 two per day/
two in possession with no size limit from April 10 through October 31 
and five per day/five 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 6:00 a.m. until 9:00 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

[[Page 794]]

present at the net at all times when the net is being used.
    (vii) You may take fish other than salmon by gear listed in this 
part unless restricted under the terms of a subsistence fishing permit.
    (viii) You may take salmon, trout, and char only under the terms of 
a subsistence fishing permit, except that you do not need a permit in 
the Akutan, Umnak, and Atka-Amlia Islands Districts.
    (ix) You may take no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit, except 
that in the Unalaska and Adak Districts, you may take no more than 25 
salmon plus an additional 25 salmon for each member of your household 
listed on the permit. You may obtain an additional permit.
    (x) You must keep a record on the reverse side of the permit of 
subsistence-caught fish. You must complete the record immediately upon 
taking subsistence-caught fish and must return it no later than October 
31.
    (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' 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. You may also take salmon 
without a permit by snagging (by handline or rod and reel), using a 
spear, bow and arrow, or capturing by bare hand.
    (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 no more than 250 salmon for subsistence purposes 
unless otherwise specified on your subsistence fishing permit.
    (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

[[Page 795]]

superseded by a Federal Special Action. Within the Chignik Area, 
depending upon the area that you may fish, in addition to a State 
subsistence fishing permit, you may be required to also have a Federal 
subsistence 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 in the Chignik River, with rod and reel, 
from a point 300 feet upstream of the ADF&G weir to Chignik Lake from 
January 1 through August 9, with no daily harvest or possession limit 
under the authority of a Federal subsistence fishing permit. You may 
take salmon by gillnet in Black Lake or any tributary to Black or 
Chignik Lakes with a Federal subsistence fishing permit. You may take 
salmon in the waters of Clark River and Home Creek from their confluence 
with Chignik Lake upstream 1 mile. In the open waters of Clark River and 
Home Creek you may take salmon by snagging (handline or rod and reel), 
spear, bow and arrow, or capture by hand without a permit. The daily 
harvest and possession limits using these methods are five per day and 
five in possession.
    (iii) You may take salmon, trout, and char only under the authority 
of a subsistence fishing permit unless otherwise indicated in this 
section or as noted in the permit conditions.
    (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 the due date listed on the 
permit.
    (v) If you hold a commercial fishing license, you may only 
subsistence fish for salmon as specified on a subsistence 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. You may also take salmon without a 
permit by snagging (by handline or rod and reel), using a spear, bow and 
arrow, or capturing by bare hand.
    (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 no more than 250 salmon for subsistence purposes 
unless otherwise specified on the subsistence fishing permit.
    (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

[[Page 796]]

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) The annual limit for a subsistence salmon fishing permit holder 
is as follows:
    (A) In the Federal public waters of Kodiak Island, east of the line 
from Crag Point south to the westernmost point of Saltery Cove, 
including the waters of Woody and Long Islands, and the salt waters 
bordering this area within 1 mile of Kodiak Island, excluding the waters 
bordering Spruce Island, 25 salmon for the permit holder plus an 
additional 25 salmon for each member of the same household whose names 
are listed on the permit: an additional permit may be obtained upon 
request.
    (B) In the remainder of the Kodiak Area not described in paragraph 
(e)(9)(v)(A) of this section, there is no annual harvest limit for a 
subsistence salmon fishing permit holder.
    (vi) You must record on your subsistence permit the number of 
subsistence fish taken. You must record all harvested fish prior to 
leaving the fishing site, and must return the permit by the due date 
marked on 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 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.
    (10) Cook Inlet Area. The Cook Inlet Area includes all waters of 
Alaska enclosed by a line extending east from Cape Douglas 
(58[deg]51.10[min] N Lat.) and a line extending south from Cape 
Fairfield (148[deg]50.25[min] W Long.).
    (i) General area regulations. (A) Unless restricted by regulations 
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.
    (B) If you take rainbow or steelhead trout incidentally in 
subsistence net fisheries, you may retain them for subsistence purposes, 
unless otherwise prohibited or provided for in this section. With 
jigging gear through the ice or rod-and-reel gear in open waters, there 
is an annual limit of two rainbow or steelhead trout 20 inches or 
longer, taken from Kenai Peninsula fresh waters.
    (C) Under the authority of a Federal subsistence fishing permit, you 
may take only salmon, trout, Dolly Varden, and other char. Permits will 
be issued by the in-season manager or designated representative and will 
be valid for that regulatory year, except as otherwise provided for in 
this section, or as stated under the permit conditions, unless the 
season is closed or restricted by a special action.
    (D) All fish taken under the authority of a Federal subsistence 
fishing permit must be marked and recorded prior to leaving the fishing 
site.
    (1) The fishing site includes the particular Federal public waters 
and/or adjacent shoreline from which the fish were harvested.
    (2) Marking means removing the dorsal fin.
    (E) You may not take grayling or burbot for subsistence purposes.
    (F) You may take smelt with dip nets in fresh water only from April 
1 through June 15. There are no harvest or possession limits for smelt.
    (G) You may take whitefish in the Tyone River drainage using 
gillnets.
    (H) You may take fish by gear listed in this section unless 
restricted by other regulations in this section or

[[Page 797]]

under the terms of a Federal subsistence fishing permit (as may be 
modified by regulations in this section).
    (I) 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 and 5 AAC 57) unless modified herein 
or by issuance of a Federal special action.
    (J) Applicable harvest provisions are as follows:

----------------------------------------------------------------------------------------------------------------
                     Location                              Methods and means                 Permit type
----------------------------------------------------------------------------------------------------------------
Kasilof River Drainage...........................  Kasilof River dip net or rod and  Household Annual Permit.
                                                    reel for salmon; Kasilof River
                                                    fish wheel for salmon; Kasilof
                                                    River gillnet for salmon.
Kenai River Drainage.............................  Kenai River dip net or rod and    Household Annual Permit.
                                                    reel for salmon; Kenai River
                                                    gillnet for salmon.
Kasilof River Drainage...........................  Tustumena Lake rod and reel for   General Subsistence Fishing
                                                    salmon; Kasilof River drainage    Permit (Daily/Possession
                                                    rod and reel for resident         Limits).
                                                    species.
Kenai River Drainage.............................  Kenai River rod and reel only     General Subsistence Fishing
                                                    for salmon; Kenai River and       Permit (Daily/Possession
                                                    tributaries under ice jigging     Limits).
                                                    and rod and reel for resident
                                                    species.
Tustumena Lake...................................  Tustumena Lake under ice fishery  Tustumena Lake Winter
                                                                                      Permit.
----------------------------------------------------------------------------------------------------------------

    (1) Harvest limits may not be accumulated.
    (2) Each household may harvest its annual salmon limits in one or 
more days.
    (3) All salmon harvested as part of a household annual limit must be 
reported to the Federal in-season manager within 72 hours of leaving the 
fishing site.
    (4) For Ninilchik residents, the household annual limits for Chinook 
salmon in the Kasilof River and for late-run Chinook salmon in the Kenai 
River are combined.
    (ii) Seasons, harvest limits, and methods and means for Kasilof 
River fisheries. Household annual limits for salmon in Kasilof River 
fisheries are as follows:

------------------------------------------------------------------------
                                   Number of fish      Additional fish
            Species               allowed for each     allowed for each
                                   permit holder       household member
------------------------------------------------------------------------
Sockeye.......................                  25                    5
Chinook.......................                  10                    2
Coho..........................                  10                    2
Pink..........................                  10                    2
------------------------------------------------------------------------

    (A) Kasilof River dip net or rod and reel; salmon. (1) Residents of 
Ninilchik may take sockeye, Chinook, coho, and pink salmon through a dip 
net or rod and reel fishery on the upper mainstem of the Kasilof River 
from a Federal regulatory marker on the river below the outlet of 
Tustumena Lake downstream to a marker on the river approximately 2.8 
miles below the Tustumena Lake boat ramp.
    (2) Residents using rod-and-reel gear may fish with up to two baited 
single or treble hooks.
    (3) Other species incidentally caught during the dip net and rod and 
reel fishery may be retained for subsistence uses, including up to 200 
rainbow/steelhead trout taken through August 15. After 200 rainbow/
steelhead trout have been taken in this fishery or after August 15, all 
rainbow/steelhead trout must be released unless otherwise provided for 
in this section.
    (4) Harvest seasons are as follows:

------------------------------------------------------------------------
                  Species                              Season
------------------------------------------------------------------------
Sockeye salmon............................  June 16-August 15.
Chinook salmon............................  June 16-August 15.
Coho salmon...............................  June 16-October 31.
Pink salmon...............................  June 16-October 31.
------------------------------------------------------------------------

    (B) Kasilof River fish wheel; salmon. (1) Residents of Ninilchik may 
harvest sockeye, Chinook, coho, and pink salmon through a fish wheel 
fishery in the Federal public waters of the upper mainstem of the 
Kasilof River.
    (2) Residents of Ninilchik may retain other species incidentally 
caught in

[[Page 798]]

the Kasilof River fish wheel except for rainbow or steelhead trout, 
which must be released and returned unharmed to the water.
    (3) Only one fish wheel may be operated on the Kasilof River. The 
fish wheel must: Have a live box, be monitored when fishing, be stopped 
from fishing when it is not being monitored or used, and be installed 
and operated in compliance with any regulations and restrictions for its 
use within the Kenai National Wildlife Refuge.
    (4) One registration permit will be available and will be awarded by 
the Federal in-season fishery manager, in consultation with the Kenai 
National Wildlife Refuge manager, based on the merits of the operational 
plan. The registration permit will be issued to an organization that, as 
the fish wheel owner, will be responsible for its construction, 
installation, operation, use, and removal in consultation with the 
Federal fishery manager. The owner may not rent or lease the fish wheel 
for personal gain. As part of the permit, the organization must:
    (i) Prior to the season. Provide a written operational plan to the 
Federal fishery manager including a description of how fishing time and 
fish will be offered and distributed among households and residents of 
Ninilchik.
    (ii) During the season. Mark the fish wheel with a wood, metal, or 
plastic plate that is at least 12 inches high by 12 inches wide, 
permanently affixed, and plainly visible and that contains the following 
information in letters and numerals at least 1 inch high: Registration 
permit number; organization's name and address; and primary contact 
person name and telephone number.
    (iii) After the season. Provide written documentation of required 
evaluation information to the Federal fishery manager including, but not 
limited to, persons or households operating the gear, hours of 
operation, and number of each species caught and retained or released.
    (5) People operating the fish wheel must:
    (i) Have in possession a valid Federal subsistence fishing permit 
and remain onsite to monitor the fish wheel and remove all fish at least 
every hour.
    (ii) In addition, any person operating the fish wheel who is not the 
owner must attach to the fish wheel an additional wood, metal, or 
plastic plate that is at least 12 inches high by 12 inches wide, is 
plainly visible, and contains the person's fishing permit number, name, 
and address in letters and numerals at least 1 inch high.
    (6) The organization owning the fish wheel may operate the fish 
wheel for subsistence purposes on behalf of residents of Ninilchik by 
requesting a subsistence fishing permit that:
    (i) Identifies a person who will be responsible for operating the 
fish wheel; and
    (ii) Includes provisions for recording daily catches, the household 
to whom the catch was given, and other information determined to be 
necessary for effective resource management by the Federal fishery 
manager.
    (7) Fishing is allowed from June 16 through October 31 on the 
Kasilof River unless closed or otherwise restricted by Federal special 
action.
    (C) Kasilof River gillnet; salmon.
    (1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon in the Federal public waters of the upper mainstem of the 
Kasilof River from a Federal regulatory marker on the river below the 
outlet of Tustumena Lake downstream to the Tustumena Lake boat launch 
with a single gillnet from June 16 through August 15.
    (2) Only one community gillnet may be operated on the Kasilof River.
    (i) The gillnet may not: Be over 10 fathoms in length, be larger 
than 5.25-inch mesh, and obstruct more than half of the river width with 
stationary fishing gear.
    (ii) Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (iii) The gillnet may be operated as a set gillnet in a fixed 
location, as a pole-net system drifted through an area while wading, or 
as a drift net from a boat.
    (3) One registration permit will be available and will be issued by 
the Federal in-season fishery manager, in consultation with the Kenai 
National Wildlife Refuge manager, to the Ninilchik Traditional Council. 
As the

[[Page 799]]

community gillnet owner, the Ninilchik Traditional Council will be 
responsible for its use and removal in consultation with the Federal in-
season manager. As part of the permit, after the season, the Ninilchik 
Traditional Council must provide written documentation of required 
evaluation information to the Federal fishery manager including, but not 
limited to:
    (i) Persons or households operating the gear;
    (ii) Hours of operation; and
    (iii) Number of each species caught and retained or released.
    (4) The community gillnet is subject to compliance with applicable 
Kenai National Wildlife Refuge regulations and restrictions.
    (5) The Ninilchik Traditional Council may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting a 
subsistence fishing permit that:
    (i) Identifies a person who will be responsible for fishing the 
gillnet; and
    (ii) Includes provisions for recording daily catches within 72 
hours, the household to whom the catch was given, and other information 
determined to be necessary for effective resource management by the 
Federal in-season manager.
    (6) Residents of Ninilchik may retain other species incidentally 
caught in the Kasilof River community gillnet fishery. The gillnet 
fishery will be closed when the retention of rainbow or steelhead trout 
has been restricted under Federal subsistence regulations.
    (D) Tustumena Lake rod and reel; salmon.
    (1) In addition to the dip net and rod and reel fishery on the upper 
mainstem of the Kasilof River described under paragraph 
(e)(10)(ii)(A)(1) of this section, residents of Ninilchik may also take 
coho and pink salmon through a rod and reel fishery in Tustumena Lake. 
Fishing is allowed with up to two baited single or treble hooks.
    (2) Seasons, areas, harvest and possession limits, and methods and 
means for take are the same as for the taking of these species under 
Alaska sport fishing regulations (5 AAC 56), except for the following 
harvest and possession limits:

------------------------------------------------------------------------
             Species                     Size               Limits
------------------------------------------------------------------------
Coho salmon.....................  16 inches and       4 per day and 4 in
                                   longer.             possession.
Pink salmon.....................  16 inches and       6 per day and 6 in
                                   longer.             possession.
------------------------------------------------------------------------

    (E) Kasilof drainage rod and reel; resident species. Resident fish 
species including lake trout, rainbow or steelhead trout, and Dolly 
Varden or Arctic char may be harvested by rod and reel in Federally 
managed waters of the Kasilof River drainage the entire year as follows:

------------------------------------------------------------------------
             Species                Specifications          Limits
------------------------------------------------------------------------
Lake trout......................  Fish 20 inches and  4 per day and 4 in
                                   longer.             possession.
                                  Fish less than 20   15 per day and 15
                                   inches in length.   in possession.
Dolly Varden and Arctic char....  In flowing waters.  4 per day and 4 in
                                                       possession.
                                  In lakes and ponds  10 per day and 10
                                                       in possession.
Rainbow or steelhead trout......  In flowing waters.  2 per day and 2 in
                                                       possession.
                                  In lakes and ponds  5 per day and 5 in
                                                       possession.
------------------------------------------------------------------------

    (F) Tustumena Lake under ice fishery; resident species.
    (1) You may fish in Tustumena Lake with a gillnet under the ice, or 
with jigging gear used through the ice. The gillnet may not be longer 
than 10 fathoms.
    (2) Harvest limits are as follows:

------------------------------------------------------------------------
                                                         Additional
           Methods                   Limits              provisions
------------------------------------------------------------------------
Jigging gear through the ice  Household annual      Household limits are
                               limit of 30 fish in   included in the
                               any combination of    overall total
                               lake trout, rainbow   annual harvest
                               trout, and Dolly      quota.
                               Varden or Arctic
                               char.

[[Page 800]]

 
Gillnet under the ice.......  Total annual harvest  The Federal in-
                               quota of 200 lake     season manager will
                               trout, 200 rainbow    issue a closure for
                               trout, and 500        this fishery once
                               Dolly Varden or       any of these quotas
                               Arctic char.          has been met.
------------------------------------------------------------------------

    (3) You may harvest fish under the ice only in Tustumena Lake. 
Gillnets are not allowed within a \1/4\ mile radius of the mouth of any 
tributary to Tustumena Lake, or the outlet of Tustumena Lake.
    (4) A permit is required. The permit will be issued by the Federal 
in-season manager or designated representative and will be valid for the 
winter season unless the season is closed by special action.
    (i) The permittee must report the following information: The number 
of each species caught; the number of each species retained; the length, 
depth (number of meshes deep), and mesh size of gillnet fished; the 
fishing site; and the total hours fished.
    (ii) The gillnet must be checked at least once in every 48-hour 
period.
    (iii) For unattended gear, the permittee's name and address must be 
plainly and legibly inscribed on a stake at one end of the gillnet.
    (5) Incidentally caught fish may be retained and must be recorded on 
the permit before transporting fish from the fishing site.
    (6) Failure to return the completed harvest permit by May 31 may 
result in issuance of a violation notice and/or denial of a future 
subsistence permit.
    (iii) Seasons, harvest limits, and methods and means for Kenai River 
fisheries. Household annual limits for salmon in Kenai River fisheries 
are as follows:

----------------------------------------------------------------------------------------------------------------
                                           Number of fish      Additional fish
                Species                   allowed for each    allowed for each        Additional provisions
                                            permit holder     household member
----------------------------------------------------------------------------------------------------------------
Sockeye salmon.........................                  25                   5  Chum salmon that are retained
                                                                                  are to be included within the
                                                                                  annual limit for sockeye
                                                                                  salmon.
Chinook salmon-- Early-run (July 1                        2                   1  For the Kenai River community
 through July 15).                                                                gillnet fishery described
                                                                                  under paragraph
                                                                                  (e)(10)(iii)(B) of this
                                                                                  section.
Chinook salmon--Late-run (July 16                        10                   2
 through August 31).
Coho salmon............................                  20                   5
Pink salmon............................                  15                   5  ...............................
----------------------------------------------------------------------------------------------------------------

    (A) Kenai River dip net or rod and reel; salmon.
    (1) You may take only sockeye salmon through a dip net or rod and 
reel fishery at one specified site on the Russian River.
    (i) For the Russian River fishing site, incidentally caught fish may 
be retained for subsistence uses, except for early- and late-run Chinook 
salmon, coho salmon, rainbow trout, and Dolly Varden, which must be 
released.
    (ii) At the Russian River Falls site, dip netting is allowed from a 
Federal regulatory marker near the upstream end of the fish ladder at 
Russian River Falls downstream to a Federal regulatory marker 
approximately 600 yards below Russian River Falls. Residents using rod 
and reel gear at this fishery site may not fish with bait at any time.
    (2) You may take sockeye, late-run Chinook, coho, and pink salmon 
through a dip net or rod and reel fishery at two specified sites on the 
Kenai River below Skilak Lake and as provided in this section.
    (i) For both Kenai River fishing sites below Skilak Lake, 
incidentally caught fish may be retained for subsistence uses, except 
for early-run Chinook salmon (unless otherwise provided for in this 
section), rainbow trout 18 inches or longer, and Dolly Varden 18 inches 
or longer, which must be released.
    (ii) At the Kenai River Moose Range Meadows site, dip netting is 
allowed

[[Page 801]]

only from a boat from a Federal regulatory marker on the Kenai River at 
about river mile 29 downstream approximately 2.5 miles to another marker 
on the Kenai River at about river mile 26.5. Residents using rod and 
reel gear at this fishery site may fish from boats or from shore with up 
to two baited single or treble hooks June 15 through August 31.
    (iii) At the Kenai River mile 48 site, dip netting is allowed while 
either standing in the river or from a boat, from Federal regulatory 
markers on both sides of the Kenai River at about river mile 48 
(approximately 2 miles below the outlet of Skilak Lake) downstream 
approximately 2.5 miles to a marker on the Kenai River at about river 
mile 45.5. Residents using rod and reel gear at this fishery site may 
fish from boats or from shore with up to two baited single or treble 
hooks June 15 through August 31.
    (3) Fishing seasons are as follows:

----------------------------------------------------------------------------------------------------------------
               Species                           Season                               Location
----------------------------------------------------------------------------------------------------------------
Sockeye salmon......................  June 15-August 15...........  All three sites.
Late-run Chinook salmon.............  July 16-September 30........  Kenai River sites only.
Pink salmon.........................  July 16-September 30........  Kenai River sites only.
Coho salmon.........................  July 16-September 30........  Kenai River sites only.
----------------------------------------------------------------------------------------------------------------

    (B) Kenai River gillnet; salmon.
    (1) Residents of Ninilchik may harvest sockeye, Chinook, coho, and 
pink salmon in the Moose Range Meadows area of the Federal public waters 
of the Kenai River with a single gillnet to be managed and operated by 
the Ninilchik Traditional Council.
    (2) Fishing will be allowed July 1 through August 15 and September 
10-30 on the Kenai River unless closed or otherwise restricted by 
Federal special action. The following conditions apply to harvest in the 
Kenai River community gillnet fishery:
    (i) Salmon taken in this fishery will be included as household 
annual limits of participating households.
    (ii) The Ninilchik Traditional Council will report all harvested 
fish within 72 hours of leaving the gillnet location.
    (iii) Additional harvest restrictions for this fishery are as 
follows:

----------------------------------------------------------------------------------------------------------------
              Species                       Period                   Harvest                 Fishery limits
----------------------------------------------------------------------------------------------------------------
Sockeye salmon....................  July 1-August 15 and
                                     September 10-30.
Early-run Chinook salmon less than  July 1-15............  Fish may be retained if     Fishery will close until
 46 inches in length or greater                             the most current            July 16 once 50 early-
 than 55 inches in length.                                  preseason forecast from     run Chinook salmon have
                                                            the State of Alaska         been retained or
                                                            Department of Fish and      released.
                                                            Game projects the in-
                                                            river run to be within or
                                                            above the optimal
                                                            escapement goal range for
                                                            early-run Chinook salmon;
                                                            otherwise, live fish must
                                                            be released.
Late-run Chinook salmon...........  July 16-August 15....  ..........................  Fishery will close prior
                                                                                        to August 15 if 200 late-
                                                                                        run Chinook salmon have
                                                                                        been retained or
                                                                                        released prior to that
                                                                                        date. Fishery will
                                                                                        reopen September 10-30
                                                                                        for species available at
                                                                                        that time.
Pink salmon.......................  July 16-August 15 and
                                     September 10-30.
Coho salmon.......................  July 16-August 15 and
                                     September 10-30.
Incidentally caught rainbow trout   .....................  All live fish must be       Fishery will close for
 and Dolly Varden.                                          released. Fish that die     the season once 100
                                                            in net may be retained.     rainbow trout or 150
                                                                                        Dolly Varden have been
                                                                                        released or retained.
----------------------------------------------------------------------------------------------------------------


[[Page 802]]

    (iv) Chinook salmon less than 20 inches in length may be retained 
and do not count towards retained or released totals.
    (v) Other incidentally caught species may be retained; however, all 
incidental fish mortalities, except for Chinook salmon less than 20 
inches in length, count towards released or retained totals specified in 
this section.
    (3) Only one community gillnet may be operated on the Kenai River.
    (i) The gillnet may not: Be over 10 fathoms in length to take 
salmon; be larger than 5.25-inch mesh; and obstruct more than half of 
the river width with stationary fishing gear.
    (ii) Subsistence stationary gillnet gear may not be set within 200 
feet of other subsistence stationary gear.
    (4) One registration permit will be available and will be issued by 
the Federal in-season manager, in consultation with the Kenai National 
Wildlife Refuge manager, to the Ninilchik Traditional Council. As the 
community gillnet owner, the Ninilchik Traditional Council will be 
responsible for its use and removal in consultation with the Federal in-
season manager. As part of the permit, the Ninilchik Traditional Council 
must provide post-season written documentation of required evaluation 
information to the Federal in-season manager including, but not limited 
to:
    (i) Persons or households operating the gear;
    (ii) Hours of operation; and
    (iii) Number of each species caught and retained or released.
    (5) The Ninilchik Traditional Council may operate the net for 
subsistence purposes on behalf of residents of Ninilchik by requesting a 
subsistence fishing permit that:
    (i) Identifies a person who will be responsible for fishing the 
gillnet; and
    (ii) Includes provisions for recording daily catches, the household 
to whom the catch was given, and other information determined to be 
necessary for effective resource management by the Federal in-season 
manager.
    (C) Kenai River rod and reel only; salmon.
    (1) For Federally managed waters of the Kenai River and its 
tributaries, you may take sockeye, Chinook, coho, pink, and chum salmon 
through a separate rod and reel fishery in the Kenai River drainage.
    (2) Seasons, areas, harvest and possession limits, and methods and 
means for take are the same as for the taking of these salmon species 
under State of Alaska fishing regulations (5 AAC 56, 5 AAC 57 and 5 AAC 
77.540), except for the following harvest and possession limits:

------------------------------------------------------------------------
            Species                    Size                Limits
------------------------------------------------------------------------
Chinook salmon-- Early-run      Less than 46       2 per day and 2 in
 (January 1 through July 15).    inches or 55       possession.
                                 inches and
                                 longer.
Chinook salmon--Late-run (July  20 inches and      2 per day and 2 in
 16 through August 31).          longer.            possession.
All other salmon..............  16 inches and      6 per day and 6 in
                                 longer.            possession, of which
                                                    no more than 4 per
                                                    day and 4 in
                                                    possession may be
                                                    Coho salmon, except
                                                    for the Sanctuary
                                                    Area and Russian
                                                    River where no more
                                                    than 2 per day and 2
                                                    in possession may be
                                                    Coho salmon.
------------------------------------------------------------------------

    (i) In the Kenai River below Skilak Lake, fishing is allowed with up 
to two baited single or treble hooks June 15 through August 31.
    (ii) Annual harvest limits for any combination of early- and late-
run Chinook salmon are four for each permit holder.
    (iii) Incidentally caught fish, other than salmon, are subject to 
regulations found in paragraph (e)(10)(iii)(D) of this section.
    (D) Kenai River and tributaries under ice jigging and rod and reel; 
resident species.
    (1) For Federally managed waters of the Kenai River and its 
tributaries below Skilak Lake outlet at river mile 50, you may take 
resident fish species including lake trout, rainbow trout, and Dolly 
Varden or Arctic char with jigging gear through the ice or rod and reel 
gear in open waters. Seasons, areas, harvest and possession limits,

[[Page 803]]

and methods and means for take are the same as for the taking of these 
resident species under State of Alaska fishing regulations (5 AAC 56, 5 
AAC 57, and 5 AAC 77.540), except for the following harvest and 
possession limits:

------------------------------------------------------------------------
            Species               Specifications           Limits
------------------------------------------------------------------------
Lake trout....................  20 inches or       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            possession.
Dolly Varden or Arctic char...  In flowing waters  For fish less than 18
                                                    inches, 1 per day
                                                    and 1 in possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one may be 20
                                                    inches or longer,
                                                    may be harvested
                                                    daily.
Rainbow or steelhead trout....  In flowing waters  For fish less than 18
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
------------------------------------------------------------------------

    (2) For Federally managed waters of the upper Kenai River and its 
tributaries above Skilak Lake outlet at river mile 50, you may take 
resident fish species including lake trout, rainbow trout, and Dolly 
Varden or Arctic char with jigging gear through the ice or rod and reel 
gear in open waters. Seasons, areas, harvest and possession limits, and 
methods and means for take are the same as for the taking of these 
resident species under Alaska fishing regulations (5 AAC 56, 5 AAC 57, 5 
AAC 77.540), except for the following harvest and possession limits:

------------------------------------------------------------------------
            Species               Specifications           Limits
------------------------------------------------------------------------
Lake trout....................  20 inches or       4 per day and 4 in
                                 longer.            possession.
                                Less than 20       15 per day and 15 in
                                 inches.            possession.
                                From Hidden Lake.  2 per day and 2 in
                                                    possession
                                                    regardless of
                                                    length.
Dolly Varden or Arctic char...  In flowing waters  For fish less than 16
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
Rainbow or steelhead trout....  In flowing waters  For fish less than 16
                                                    inches in length, 1
                                                    per day and 1 in
                                                    possession.
                                In lakes and       2 per day and 2 in
                                 ponds.             possession, of which
                                                    only one fish 20
                                                    inches or longer may
                                                    be harvested daily.
------------------------------------------------------------------------

    (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 paragraph (e)(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 (b)(1) of this 
section 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.

[[Page 804]]

    (v) In the Upper Copper River District, you may take salmon only by 
fish wheels, rod and reel, or dip nets.
    (vi) Rainbow/steelhead trout and other freshwater fish caught 
incidentally to salmon by fish wheel in the Upper Copper River District 
may be retained.
    (vii) Freshwater fish other than rainbow/steelhead trout caught 
incidentally to salmon by dip net in the Upper Copper River District may 
be retained. Rainbow/steelhead trout caught incidentally to salmon by 
dip net in the Upper Copper River District must be released unharmed to 
the water.
    (viii) You may not possess salmon taken under the authority of an 
Upper Copper River District subsistence fishing permit, or rainbow/
steelhead trout caught incidentally to salmon by fish wheel, unless the 
anal 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 per person 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 
paragraph (e)(11)(xii)(B) or (e)(11)(xiii)(E) of this section and during 
fishing operations.
    (E) Only the permit holder and the authorized member(s) 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.

[[Page 805]]

    (C) Only the current year's registration number may be affixed to 
the fish wheel; you must remove any other registration number from the 
fish wheel.
    (D) You are responsible for the fish wheel; you must remove the fish 
wheel from the water at the end of the permit period.
    (E) You may not rent, lease, or otherwise use your fish wheel used 
for subsistence fishing for personal gain.
    (xiii) If you are operating a 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) You must check your fish wheel at least once every 10 hours and 
remove all fish.
    (D) No fish wheel may have more than two baskets.
    (E) 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 (e)(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 the fish wheel and will be the same person 
as is listed on the fish wheel described in paragraph (e)(11)(xiii)(E) 
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 (e)(11)(xiii)(E) 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 of the year the permit was issued.
    (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.

[[Page 806]]

    (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:
    (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.
    (xvii) In the Chugach National Forest portion of the Prince William 
Sound Area, you must possess a Federal subsistence fishing permit to 
take salmon, trout, whitefish, grayling, Dolly Varden, or char. Permits 
are available from the Cordova Ranger District.
    (A) Salmon harvest is not allowed in Eyak Lake and its tributaries, 
Copper River and its tributaries, and Eyak River upstream from the 
Copper River Highway bridge.
    (B) You must record on your subsistence permit the number of 
subsistence fish taken. You must record all harvested fish prior to 
leaving the fishing site, and return the permit by the due date marked 
on the permit.
    (C) You must remove both lobes of the caudal (tail) fin from 
subsistence-caught salmon before leaving the fishing site.
    (D) You may take salmon by rod and reel, dip net, spear, and gaff 
year round.
    (E) For a household with 1 person, 15 salmon (other than pink) may 
be taken, and 5 cutthroat trout, with only 2 over 20 inches, may be 
taken; for pink salmon, see the conditions of the permit.
    (F) For a household with 2 persons, 30 salmon (other than pink) may 
be taken, plus an additional 10 salmon for each additional person in a 
household over 2 persons, and 5 cutthroat trout, with only 2 over 20 
inches per each household member with a maximum household limit of 30 
cutthroat trout may be taken; for pink salmon, see the conditions of the 
permit.
    (G) You may take Dolly Varden, Arctic char, whitefish, and grayling 
with rod and reel and spear year round and with a gillnet from January 
1-April 1. The maximum incidental gillnet harvest of trout is 10.
    (H) You may take cutthroat trout with rod and reel and spear from 
June 15 to April 14th and with a gillnet from January 1 to April 1.
    (I) You may not retain rainbow/steelhead trout for subsistence 
unless taken incidentally in a subsistence gillnet fishery. Rainbow/
steelhead trout must be immediately released from a dip net without 
harm.
    (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 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.
    (iii) 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.
    (iv) You may take fish by gear listed in this part unless restricted 
in this section or under the terms of a subsistence fishing permit. 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.
    (v) In the Situk River, each subsistence salmon fishing permit 
holder shall

[[Page 807]]

attend his or her gillnet at all times when it is being used to take 
salmon.
    (vi) You may block up to two-thirds of a stream with a gillnet or 
seine used for subsistence fishing.
    (vii) You must immediately remove both lobes of the caudal (tail) 
fin from subsistence-caught salmon when taken.
    (viii) You may not possess subsistence-taken and sport-taken salmon 
on the same day.
    (ix) 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 
District 1.
    (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) 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.
    (A) For streams with steelhead, once your daily, seasonal, or annual 
limit of steelhead is harvested, you may no longer fish with bait for 
any species.
    (B) Unless otherwise specified in this paragraph (e)(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 paragraph (e)(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 not accumulate Federal subsistence harvest limits 
authorized for the Southeastern Alaska Area with any harvest limits 
authorized under any State of Alaska fishery with the following 
exception: Annual or seasonal Federal subsistence harvest limits may be 
accumulated with State sport fishing harvest limits provided that 
accumulation of harvest limits does not occur during the same day.
    (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) Nets are prohibited in streams flowing across or adjacent to 
the roads on Wrangell and Mitkof islands, and in streams flowing across 
or adjacent to the road systems connected to the community of Sitka.
    (x) You may not possess subsistence-taken and sport-taken fish of a 
given species on the same day.
    (xi) If a harvest limit is not otherwise listed for sockeye in this 
paragraph (e)(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.
    (xii) The Sarkar River system above the bridge is closed to the use 
of all nets by both federally qualified and non-federally qualified 
users.
    (xiii) 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. Only dip nets, spears, gaffs, rod and reel, beach seine, or 
gillnets not exceeding 15 fathoms in length may be used. The maximum

[[Page 808]]

gillnet stretched mesh size is 8 inches during the Chinook salmon season 
and 5 \1/2\ inches during the sockeye salmon season. There is no maximum 
mesh size during the coho salmon season.
    (A) You may take Chinook salmon from May 15 through June 20. The 
annual limit is five 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 1 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) Fishing nets must be checked at least twice each day.
    (xiv) You may take coho salmon with a Federal salmon fishing permit. 
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. There are specific rules to harvest any salmon on the Stikine 
River, and you must have a separate Stikine River subsistence salmon 
fishing permit to take salmon on the Stikine River.
    (xv) Unless noted on a Federal subsistence harvest permit, there are 
no harvest limits for pink or chum salmon.
    (xvi) Unless otherwise specified in this paragraph (e)(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.
    (xvii) 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 two fish per household; however, only 
one steelhead may be harvested by a household from a particular 
drainage. You may use only a dip net, handline, spear, or rod and reel. 
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 five fish per household; however, only two steelhead may be 
harvested by a household from a particular drainage. You may use only a 
dip net, handline, spear, or rod and reel. 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.
    (xviii) In addition to the requirement for a Federal subsistence 
fishing permit, the following restrictions for the harvest of Dolly 
Varden, brook trout, grayling, cutthroat trout, 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.

[[Page 809]]

    (xix) There is no subsistence fishery for any salmon on the Taku 
River.
    (xx) The Klawock River drainage is closed to the use of seines and 
gillnets during July and August.
    (xxi) The Federal public waters in the Makhnati Island area, as 
defined in Sec.100.3(b)(5) are closed to the harvest of herring and 
herring spawn, except by federally qualified users.
    (xxii) Only federally qualified subsistence users may harvest 
sockeye salmon in Neva Lake, Neva Creek, and South Creek.

[78 FR 19112, Mar. 29, 2013, as amended at 80 FR 28192, May 18, 2015; 83 
FR 3084, Jan. 23, 2018; 84 FR 39191, Aug. 9, 2019; 84 FR 39748, Aug. 12, 
2019]



Sec.100.28  Subsistence taking of shellfish.

    (a) Covered species--(1) Regulations in this section apply to 
subsistence taking of Dungeness crab, king crab, Tanner crab, shrimp, 
clams, abalone, and other shellfish or their parts.
    (2) 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.
    (b) Methods, means, and general restrictions. (1) The harvest limit 
specified in this section for a subsistence season for a species and the 
State harvest limit set for a State season for the same species are not 
cumulative. This means that if you have taken the harvest limit for a 
particular species under a subsistence season specified in this section, 
you may not, after that, take any additional shellfish of that species 
under any other harvest limit specified for a State season.
    (2) Unless otherwise provided in this section or under terms of a 
required subsistence fishing permit (as may be modified by this 
section), you may use the following legal types of gear to take 
shellfish:
    (i) Abalone iron;
    (ii) Diving gear;
    (iii) A grappling hook;
    (iv) A handline;
    (v) A hydraulic clam digger;
    (vi) A mechanical clam digger;
    (vii) A pot;
    (viii) A ring net;
    (ix) A scallop dredge;
    (x) A sea urchin rake;
    (xi) A shovel; and
    (xii) A trawl.
    (3) You are prohibited from buying or selling subsistence-taken 
shellfish, their parts, or their eggs, unless otherwise specified.
    (4) You may not use explosives and chemicals, except that you may 
use chemical baits or lures to attract shellfish.
    (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.100.27(b)(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.
    (c) 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

[[Page 810]]

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.
    (d) Permit requirements. If a subsistence shellfish 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.
    (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.
    (e) 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.
    (f) Size restrictions. You may not take or possess shellfish smaller 
than the minimum legal size limits.
    (g) 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.
    (h) Charter and related operations. (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.
    (i) Subsistence shellfish areas and pertinent restrictions--(1) 
Southeastern Alaska--Yakutat Area. No marine waters are currently 
identified under Federal subsistence management jurisdiction, except the 
marine waters occurring in the vicinity of Makhnati Island as described 
in Sec.__.3(b)(5) of these regulations.
    (2) Prince William Sound Area. No marine waters are currently 
identified

[[Page 811]]

under Federal subsistence management jurisdiction.
    (3) Cook Inlet Area. (i) You may take shellfish for subsistence 
purposes only as allowed in paragraph (i)(3) of this section.
    (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 two pots per person, regardless of type, with a 
maximum of two 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 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 three 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

[[Page 812]]

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:
    (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.

[76 FR 12585, Mar. 8, 2011]

                        PARTS 101	199 [RESERVED]

[[Page 813]]



                              FINDING AIDS




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

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.


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

[[Page 815]]



                    Table of CFR Titles and Chapters




                     (Revised as of October 1, 2020)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    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 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 816]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   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)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         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)
       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)

[[Page 817]]

    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  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        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)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         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)
     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)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 818]]

     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)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Part 10101)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         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)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)

[[Page 819]]

        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  [Reserved]
      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  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      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  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 820]]

         L  Rural Business-Cooperative Service, Rural Housing 
                Service, and Rural Utilities Service, Department 
                of Agriculture (Parts 5001--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (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  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                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 1300--
                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)
        II  Election Assistance Commission (Parts 9400--9499)

                      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  (Parts 500--599) [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]

[[Page 821]]

         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)
        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         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 822]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, 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) [Reserved]

                    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  U.S. 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  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 823]]

                     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  Office of Workers' Compensation Programs, 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 Service, 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  Millennium 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 824]]

                          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)
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]
        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

[[Page 825]]

                           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--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        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--End)

           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--799)

                   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 826]]

        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  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 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)

[[Page 827]]

      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      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  Department of Defense, 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, Department 
                of Defense (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)

[[Page 828]]

       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  (Parts 1100--1199) [Reserved]
       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)
        VI  [Reserved]
       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  U.S. Copyright Office, Library of Congress (Parts 
                200--299)
       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

[[Page 829]]

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  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)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            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)
   62--100  [Reserved]
            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)
  103--104  [Reserved]
       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)
  129--200  [Reserved]
            Subtitle D--Other Provisions Relating to Property 
                Management [Reserved]

[[Page 830]]

            Subtitle E--Federal Information Resources Management 
                Regulations System [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)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   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 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             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)

[[Page 831]]

       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)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, 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 of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      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)

[[Page 832]]

        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           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  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management, Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)
        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]

[[Page 833]]

        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        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)
       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 (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [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)

[[Page 834]]

        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 835]]





           Alphabetical List of Agencies Appearing in the CFR




                     (Revised as of October 1, 2020)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  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
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, 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
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  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 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 of                          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
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 836]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               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
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 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 of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  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; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
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 Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, 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
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  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, 2
  Defense Intelligence Agency                     32, I

[[Page 837]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             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
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       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
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
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 Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 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
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Presidential Documents                          3
  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

[[Page 838]]

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                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
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 Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
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
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
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
  Federal Management Regulation                   41, 102
  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F

[[Page 839]]

  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
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Housing and Urban Development, Department of      2, XXIV; 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
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
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
Industry and Security, Bureau of                  15, VII

[[Page 840]]

Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  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
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Enforcement Bureau, Bureau of        30, II
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
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
Investment Security, Office of                    31, VIII
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 of                            2, XXVIII; 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
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment Standards Administration             20, VI
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29
  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50

[[Page 841]]

  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  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, VII
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
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
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
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
Museum and Library Services, Institute of         2, XXXI
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   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 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 Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 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
[[Page 842]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
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                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, 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
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
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
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
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 Utilities Service                           7, XVII, XVIII, XLII
Safety and Environmental Enforcement, Bureau of   30, II
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                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI

[[Page 843]]

Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI
  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  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; 47, IV; 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
  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 of the                       2, X; 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                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
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
U.S. Copyright Office                             37, II
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   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
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 845]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2015 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, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2015

50 CFR
                                                                   80 FR
                                                                    Page
Chapter I
20 Frameworks...............................................51090, 57664
20.101 Seasonal hunting adjustments................................52647
20.102 Seasonal hunting adjustments................................52648
20.103 Seasonal hunting adjustments................................52649
20.104 Seasonal hunting adjustments.........................52651, 58168
20.105 Seasonal hunting adjustments.........................52652, 58170
20.106 Seasonal hunting adjustments.........................52659, 58190
20.107 Seasonal hunting adjustments................................58191
20.109 Seasonal hunting adjustments.........................52661, 58191
20.110 Seasonal hunting adjustments.........................52667, 58160
21.29 (b)(2), (c)(6)(iii)(B), (e)(6)((i) and (7)(i) revised; 
        (c)(6)(i), (ii), (iii)(A), (e)(2)(iv), (5)(i), (9)(ii), 
        (iii) and (f)(6) amended; eff. 1-1-16......................38015
21.41 (a) revised..................................................15691
21.42 Removed......................................................15691
21.45 Removed......................................................15691
21.53 (c)(2) amended...............................................15691
21.60 (f)(8) revised...............................................13500
32.7 Amended.......................................................51886
32.20 Amended......................................................51886
32.22 Amended......................................................51887
32.23 Amended......................................................51887
32.24 Amended......................................................51890
32.27 Amended......................................................51893
32.28 Amended......................................................51894
32.29 Amended......................................................51897
32.32 Amended......................................................51901
32.33 Amended......................................................51902
32.34 Amended......................................................51903
32.36 Amended......................................................51903
32.37 Amended......................................................51904
32.38 Amended......................................................51906
32.39 Amended......................................................51907
32.41 Amended......................................................51910
32.42 Amended......................................................51910
32.43 Amended......................................................51914
32.44 Amended......................................................51921
32.47 Amended......................................................51923
32.48 Amended......................................................51923
32.49 Amended......................................................51923
32.50 Amended......................................................51923
32.51 Amended......................................................51924
32.52 Amended......................................................51926
32.53 Amended......................................................51926
32.55 Amended......................................................51927
32.56 Amended......................................................51927
32.60 Amended......................................................51929
32.62 Amended......................................................51930
32.63 Amended......................................................51931
32.65 Amended......................................................51933
32.66 Amended......................................................51933

[[Page 846]]

32.67 Amended......................................................51933
32.69 Amended......................................................51934
86 Revised.........................................................26161
92.31 Added; eff. 4-2-15 through 8-31-15............................9396
92.32 Added; eff. 4-2-15 through 8-31-15............................9398
100.15 Revised.....................................................68253
100.23 Revised.....................................................68248
100.25 (a) amended.................................................28192
100.27 (e)(4)(ix) and (13)(xiii)(E) revised; (e)(10)(iv)(I), (J), 
        (13)(xx) and (xxi) added...................................28192

                                  2016

50 CFR
                                                                   81 FR
                                                                    Page
Chapter I
18.121--18.129 (Subpart J) Revised; eff. 8-5-16 through 8-5-21.....52316
20 Frameworks......................................................17302
    Frameworks corrected...........................................21480
20.101 Seasonal hunting adjustments................................48650
20.102 Seasonal hunting adjustments................................48651
20.103 Seasonal hunting adjustments................................48651
    Correctly amended..............................................54514
20.104 Seasonal hunting adjustments................................48654
    Correctly amended..............................................54514
20.105 Seasonal hunting adjustments................................48656
    Correctly amended..............................................54514
20.106 Seasonal hunting adjustments................................48680
20.107 Seasonal hunting adjustments................................48681
20.109 Seasonal hunting adjustments................................48681
    Correctly amended..............................................54517
20.110 Seasonal hunting adjustments................................62410
22 Authority citation revised......................................91549
22.3 Amended.......................................................91549
22.4 (a) amended...................................................91550
22.11 (c) revised..................................................91550
22.25 (a)(6), (c)(3) and (6) removed; (a)(7), (8), (9), (c)(4) and 
        (5) redesignated as new (a)(6), (7), (8), new (c)(3) and 
        (4); introductory text, (a)(1), (2), (5), new (6), new (7) 
        and (c) introductory text amended; (a)(4), (b)(1), (4), 
        new (c)(3) and (4) revised.................................91550
22.26 (h) removed; (i) and (j) redesignated as new (h) and (i); 
        new (h) revised.............................................8004
    (c)(7) through (10), (e)(3), (4) and (5) redesignated as 
(c)(8) through (11), (e)(5), (7) and (9); new (c)(7), (d)(3), new 
(e)(3), (4), (6) and (8) added; (a), (c)(1), (2), (3), new (8), 
new (9), new (11), (d)(2), (e)(1), new (e)(5), (7)(i) through 
(iv), (f), (h) and (i) revised; new (e)(7)(v) removed..............91551
22.27 (b)(8), (9) and (10) redesignated as (b)(9), (10) and (11); 
        new (b)(8) added; (a)(1)(i) through (iv), (3), (b)(1), 
        (2), (7), new (11), (e)(1), (2) introductory text, (ii), 
        (iii) and (3) through (6) revised..........................91553
23 CITES listing update............................................32664
28 Heading and authority citation revised..........................79970
28.11 Revised......................................................79970
29 Authority citation revised......................................79970
29.32 Revised......................................................79971
29.40--29.220 (Subpart D) Added....................................79971
32.2 (h) amended...................................................52271
32.7 Amended.......................................................68887
32.20 Amended......................................................68887
32.22 Amended......................................................68887
32.23 Amended......................................................68888
32.24 Amended......................................................68891
32.25 Amended......................................................68893
    Correctly amended..............................................69717
32.27 Amended......................................................68893
32.28 Amended......................................................68893
32.31 Amended......................................................68896
32.32 Amended......................................................68897
32.33 Amended......................................................68898
32.34 Amended......................................................68898
32.35 Amended......................................................68898
32.36 Amended......................................................68899
32.37 Amended......................................................68899
32.38 Amended......................................................68903
32.39 Amended......................................................68904
32.40 Amended......................................................68905
32.41 Amended......................................................68905

[[Page 847]]

32.43 Amended......................................................68906
32.44 Amended......................................................68911
32.46 Amended......................................................68911
32.48 Amended......................................................68911
32.51 Amended......................................................68912
32.52 Amended......................................................68913
32.53 Amended......................................................68913
32.55 Amended......................................................68914
32.56 Amended......................................................68914
32.60 Amended......................................................68914
32.61 Amended......................................................68918
32.62 Amended......................................................68918
32.63 Amended......................................................68918
32.64 Amended......................................................68920
32.66 Amended......................................................68920
32.67 Amended......................................................68920
32.70 Reinstated; CFR correction...................................55153
32.71 Reinstated; CFR correction...................................55153
32.72 Reinstated; CFR correction...................................55153
36.1 (a), (b) and (c) redesignated as (b), (c) and (d); new (a) 
        added......................................................52271
36.2 Amended................................................27043, 52271
36.11 (d) removed; (e) redesignated as new (d).....................52272
36.13 Revised......................................................52272
36.14 Revised......................................................52272
36.31--36.37 (Subpart D) Heading revised...........................52272
36.32 Revised......................................................52272
36.39 (i) revised..................................................27043
36.42 (a) and (c) through (h) revised..............................52273
92.4 Amended.......................................................18787
92.22 (a)(3), (5), (6), (i)(3), (13), (15), (j)(4), (15) and 
        (l)(2) revised; (a)(4) removed.............................18787
92.31 Added; eff. 4-2-16 through 8-31-16...........................18787
92.32 Added; eff. 4-2-16 through 8-31-16...........................18788
100.23 Regulation at 80 FR 68248 confirmed.........................12591
100.24 (a)(1) revised..............................................52532
100.26 Revised.....................................................52540

                                  2017

50 CFR
                                                                   82 FR
                                                                    Page
Chapter I
20 Policy statement................................................24786
    Authority citation revised.....................................51362
20.21 (j)(1) amended...............................................51362
20.101 Seasonal hunting adjustments................................34754
20.102 Seasonal hunting adjustments................................34755
20.103 Seasonal hunting adjustments................................34756
20.104 Seasonal hunting adjustments................................34758
20.105 Seasonal hunting adjustments................................34760
20.106 Seasonal hunting adjustments................................34784
20.107 Seasonal hunting adjustments................................34785
20.109 Seasonal hunting adjustments................................34785
20.110 Seasonal hunting adjustments................................41348
21.55 Added........................................................34425
22 Information collection activities................................7708
    (e) reinstated in part; CFR correction.........................23739
32 Authority citation revised......................................52010
32.2 (h) amended...................................................52010
32.7 Amended.......................................................51947
32.23 Amended......................................................51947
32.24 Amended......................................................51948
32.25 Amended......................................................51948
32.27 Amended......................................................51949
32.28 Amended......................................................51950
32.29 Amended......................................................51951
32.32 Amended......................................................51952
32.37 Amended......................................................51952
32.39 Amended......................................................51953
32.43 Amended......................................................51956
32.44 Amended......................................................51956
32.45 Amended......................................................51956
32.47 Amended......................................................51957
32.49 Amended......................................................51957
32.51 Amended......................................................51957
32.53 Amended......................................................51957
32.55 Amended......................................................51958
32.56 Amended......................................................51958
32.63 Amended......................................................51959
32.65 Amended......................................................51959
32.66 Amended......................................................51960
32.69 Amended......................................................51961
36 Authority citation revised......................................52010
36.1 (a) removed; (b), (c), and (d) redesignated as (a), (b), and 
        (c)........................................................52010
36.2 Amended.......................................................52010
36.11 (d) redesignated as (e); new (d) added.......................52010
36.13 Revised......................................................52010

[[Page 848]]

36.14 Revised......................................................52010
36.31--36.37 (Subpart D) Heading revised...........................52010
36.32 Revised......................................................52010
36.42 (a) and (c) through (h) revised..............................52011
92.4 Amended.......................................................34270
92.6 Revised.......................................................34270
92.22 (a)(3) redesignated as (a)(4); new (a)(3) added; (a)(6) 
        revised; eff. 3-31-17 through 8-31-17......................16304
92.31 Added; eff. 3-31-17 through 8-31-17..........................16304
92.32 Added; eff. 3-31-17 through 8-31-17..........................16305

                                  2018

50 CFR
                                                                   83 FR
                                                                    Page
Chapter I
20 Authority citation revised.......................................5043
20 Frameworks......................................................25738
20.101 Seasonal hunting adjustments................................40394
20.102 Seasonal hunting adjustments................................40395
20.103 Seasonal hunting adjustments................................40395
20.104 Seasonal hunting adjustments................................40398
20.105 Seasonal hunting adjustments................................40400
20.106 Seasonal hunting adjustments................................40423
20.107 Seasonal hunting adjustments................................40425
20.109 Seasonal hunting adjustments................................40425
20.110 Seasonal hunting adjustments..........................5043, 42794
21 Second authority citation removed...............................32806
21.47 Removed......................................................32806
21.48 Removed......................................................32806
23.24 Amended; CFR correction......................................15503
32.7 Amended.......................................................45766
32.23 Amended......................................................45766
32.24 Amended......................................................45773
32.25 Amended......................................................45775
32.26 Amended......................................................45776
32.27 Amended......................................................45776
32.28 Amended......................................................45776
32.29 Amended......................................................45778
32.32 Amended......................................................45779
32.35 Amended......................................................45780
32.37 Amended......................................................45780
32.38 Amended......................................................45785
32.39 Amended......................................................45787
32.40 Amended......................................................45789
32.41 Amended......................................................45791
32.42 Amended......................................................45791
32.45 Amended......................................................45791
32.46 Amended......................................................45793
32.47 Amended......................................................45794
32.48 Amended......................................................45794
32.49 Amended......................................................45795
32.50 Amended......................................................45796
32.51 Amended......................................................45796
32.53 Amended......................................................45799
32.54 Amended......................................................45800
32.56 Amended......................................................45800
32.57 Amended......................................................45801
32.59 Amended......................................................45802
32.60 Amended......................................................45802
32.62 Amended......................................................45802
32.63 Amended......................................................45804
32.64 Amended......................................................45805
32.65 Amended......................................................45805
32.66 Amended......................................................45807
32.68 Amended......................................................45808
32.69 Amended......................................................45809
32.70 Amended......................................................45810
91.1 (b) amended...................................................12279
91.4 Revised.......................................................12279
91.11 Revised......................................................12279
91.14 Revised......................................................12279
91.15 Removed......................................................12279
91.16 (b) revised..................................................12279
91.21 (b) redesignated as (b)(1); (b)(1) heading and (2) added.....12279
91.23 Revised......................................................12279
92.22 (a)(3) redesignated as (a)(4); new (a)(3) added; (a)(6) 
        revised....................................................13688
92.31 Added; eff. 4-2-18 to 8-31-18................................13688
92.32 Added; eff. 4-2-18 to 8-31-18................................13690
100.3 (a), (b)(1)(iii), (2), and (3) amended; (b)(5) revised.......23817
100.24 (a)(2) table amended.........................................3083
    (a)(1) table amended...........................................50763
100.25 (a) amended.................................................50764
100.26 Revised.....................................................50764
100.27 (e)(3)(xiii)(B) and (xvi)(F) added; (e)(3)(xv)(A), (B), 
        (10)(iv)(I) introductory text, (J), and (13)(ix) revised 
                                                                    3084

[[Page 849]]

                                  2019

50 CFR
                                                                   84 FR
                                                                    Page
Chapter I
18.130--18.141 (Subpart K) Added; eff. through 8-1-24..............37745
20 Frameworks......................................................42996
20.11 (n) revised..................................................28773
20.11 (m) and (n) redesignated as (o) and (p); new (m) and new (n) 
        added......................................................38885
20.21 (i)(1)(i) revised............................................38885
20.101 Seasonal hunting adjustments................................45080
20.102 Seasonal hunting adjustments................................45080
20.103 Seasonal hunting adjustments................................45081
20.104 Seasonal hunting adjustments................................45083
20.105 Seasonal hunting adjustments................................45085
20.106 Seasonal hunting adjustments................................45110
20.107 Seasonal hunting adjustments................................45111
20.109 Seasonal hunting adjustments................................45112
20.110 Revised.....................................................44763
21.3 Amended.......................................................28773
21.26 (d)(2) revised...............................................28773
21.46 Heading, introductory text, (a), (b), and (f) revised; eff. 
        10-3-19....................................................45924
21.49 (d)(3) revised...............................................28773
21.50 (d)(4) revised...............................................28773
21.51 (d)(4) revised...............................................28773
21.52 (e)(3) revised...............................................28773
26.34 Revised......................................................47660
32.7 Revised.......................................................47671
32.9 Added.........................................................47675
32.20--32.70 (Subpart B) Revised...................................47675
36.32 (c)(1)(iv) removed...........................................47790
71 Revised.........................................................47790
80 Authority citation revised......................................44784
80.2 Amended.......................................................44784
80.30--80.41 (Subpart D) Revised...................................44784
80.50 (a)(6) revised; (b)(2) redesignated as (b)(3); (a)(9), (10), 
        new (b)(2), and (c)(6) added...............................44786
80.51 (a)(8) revised; (a)(12) and (13) added.......................44786
80.60 Table amended; introductory text revised.....................44787
80.82 (c)(3) through (13) redesignated as (c)(4) through (14); new 
        (c)(3) added; (c)(2), new (9), new (iii), new (iv), new 
        (v), and (10) revised......................................44787
80.97 Revised......................................................44787
80.98 (a) table amended; (a) introductory text revised.............44787
80.120 Revised.....................................................44787
80.123 Revised.....................................................44787
80.124 Revised.....................................................44788
80.137 Revised.....................................................44788
80.160 (a)(4), (5), (7), (b), and (c) revised......................44788
92.31 Added; interim...............................................12951
92.31 Regulation at 84 FR 12951 confirmed..........................36840
92.32 Added; interim...............................................12952
92.32 Regulation at 84 FR 12952 confirmed..........................36840
100.24 (a)(2) table amended........................................39748
100.27 (e)(10) revised.............................................39191
100.27 (e)(3), (4), (5), (11), and (13) revised....................39748

                                  2020

  (Regulations published from January 1, 2020, through October 1, 2020)

50 CFR
                                                                   85 FR
                                                                    Page
Chapter I
20 Frameworks......................................................51854
20.101 Seasonal hunting adjustments................................53262
20.102 Seasonal hunting adjustments................................53263
20.103 Seasonal hunting adjustments................................53264
20.104 Seasonal hunting adjustments................................53266
20.105 Seasonal hunting adjustments................................53268
20.106 Seasonal hunting adjustments................................53293
20.107 Seasonal hunting adjustments................................53294
20.109 Seasonal hunting adjustments................................53295
20.110 Seasonal hunting adjustments................................53251
21.51 (d)(4) revised...............................................10623

[[Page 850]]

32.7 (c)(8), (e)(17) through (22), (i)(5) through (14), (aa)(4), 
        (5), (6), (bb)(3) through (6), (kk)(20), (mm)(2), (3), 
        (4), and (xx)(1) through (5) redesignated as (c)(9), 
        (e)(18) through (23), (i)(6) through (15), (aa)(5), (6), 
        (7), (bb)(4) through (7), (kk)(21), (mm)(3), (4), (5), and 
        (xx)(2) through (6); new (c)(8), new (e)(17), new (i)(5), 
        new (aa)(4), new (bb)(3), new (kk)(20), new (mm)(2), and 
        new (xx)(1) added; (hh) revised............................54103
32.22 (b), (c), (d)(1) introductory text, (i), (iv), (2)(i), (ii), 
        (3), and (4) revised; (h) redesignated as (i); new (h) 
        added......................................................54104
32.23 (d)(1) introductory text, (1)(ii), (v), (vii), and (g)(1) 
        introductory text revised..................................54105
32.24 (q) through (v) redesignated as (r) through (w); (l)(1) 
        introductory text, (m)(1)(viii), (2)(i), new (r)(1)(vii), 
        new (s)(2)(ii), and new (v)(2)(ii) revised; new (q) added 
                                                                   54105
32.25 (a)(2) revised; (a)(4) added; (d)(3) and (e)(2) revised......54105
32.26 Revised......................................................54106
32.27 Revised......................................................54106
32.28 (e) through (n) redesignated as (f) through (o), new 
        (j)(3)(xv) through (xix) redesignated as (j)(3)(xiv) 
        through (xviii); new (e), new (j)(1)(xi) added; (a), new 
        (i)(2)(i), new (3)(i) revised, new (j)(1)(ii), (x), new 
        (j)(3)(iv) through (viii) and (x) revised; Revising newly 
        redesignated paragraphs (j)(3)(xv) and (j)(3)(xviii); new 
        (m)(2)(iii), new (vii), new (3) introductory text, new 
        (i), new (ii), new (iv), new (viii), new (ix), and new 
        (n)(3)(vii) revised; new (j)(3)(xiv) removed...............54107
32.29 (h)(1)(iv) redesignated as (h)(1)(v); (a)(3), new paragraph 
        (h)(1)(iv), and (3)(vii) added; (h)(2)(i), (3) 
        introductory text, and (i) revised.........................54109
32.31 (c)(3)(iv) removed; (c)(3)(v) redesignated as new 
        (c)(3)(iv); (c)(4)(i), (e)(1) introductory text, (f)(1) 
        introductory text, (2), and (3) revised....................54109
32.32 (b)(3)(iv)(A), (e)(1), (3)(iii), (v), (g), (i)(2), (k)(1), 
        (2), and (3) revised; (i)(3)(iii) removed; (i)(3)(iv) 
        redesignated as (i)(3)(iii)................................54110
32.33 (b), (c)(1) introductory text, (2) introductory text, and 
        (3)(i) revised; (c)(3)(iv) redesignated as (c)(3)(v); 
        (c)(2)(iii) and new (3)(iv) added..........................54110
32.34 (d)(1) introductory text revised; (d)(1)(i) removed; 
        (d)(1)(ii) through (v) redesignated as (d)(1)(i) through 
        (iv); (2) introductory text, (i), (g)(1) introductory 
        text, (ii), (2) introductory text, (ii), and (3)(i) 
        revised....................................................54111
32.35 Revised......................................................54111
32.36 (a)(1)(iii), (v), (vi), (2), and (3)(i) revised; (a)(1)(vii) 
        and (viii) removed.........................................54113
32.37 (a)(1) introductory text, (2) introductory text, (c)(1)(vi), 
        (d)(3)(ii), (e)(1)(i), (v), (2) introductory text, (ii), 
        (f)(3) introductory text, (g), (k)(1) introductory text, 
        (x), (3)(ii), (n)(1)(xiv), (4)(ii), (p)(1)(vii), (xii), 
        (q)(1)(iii), and (t)(2)(i) revised; (d)(1)(ix), (e)(2)(v), 
        (t)(1)(vi), (2)(v), and (3)(xiii) added; (f)(3)(iii) 
        removed; (f)(3)(iv) redesignated as (f)(3)(iii)............54113
32.38 Revised......................................................54115
32.39 Revised......................................................54116
32.40 (a) through (d), (f), (g), and (h) revised...................54117
32.42 (b)(2) introductory text, (m)(1)(v), and (o) revised.........54119

[[Page 851]]

32.43 (b)(1), (2), (c), (e), (f)(2), (3), (g)(1)(i), (iv), (x), 
        (g)(2), (3)(i), (v), (4)(iv), (h)(1)(i), (v), (2), 
        (3)(iv), (vi), (4)(i), (i)(1)(i), (v), (i)(2), (3)(iv), 
        (vi), (viii), (4)(i), (l), (m)(1)(i), (v), (2)(ii), (iii), 
        (3)(i), (iv), (vi), and (vii) revised; (b)(4)(i) and (v) 
        removed; (b)(4)(ii), (iii), and (iv) redesignated as 
        (b)(4)(i), (ii), and (iii); (m)(1)(xi) and (3)(viii) added
                                                                   54120
32.45 (n)(1)(v), (w)(3) introductory text, and (iii) revised; 
        (n)(2) and (w)(3)(iv) added; (n)(3)(iv) removed; (n)(3)(v) 
        through (viii) redesignated as (n)(3)(iv) through (vii)....54124
32.46 (d), (e), and (f) redesignated as (e), (f), and (g); new 
        paragraph (d) added; (b), (c), new (e), new (f)(2), new 
        (3), and new (g) revised...................................54124
32.47 (c) through (f) redesignated as (d) through (g); new (c) 
        added; new (g) revised.....................................54126
32.48 (a)(1)(ii), (b), and (c) revised.............................54126
32.49 (a), (b), (c)(3)(iii), (d)(1), and (e) revised...............54127
32.50 (a)(1)(i)(A), (2) introductory text, and (b) revised; 
        (a)(2)(iii) added..........................................54127
32.51 (c), (d), (g)(3)(i), (ii), (i), (j)(3), and (4)(iv) revised; 
        (f)(3) added...............................................54128
32.52 (f)(1)(vi) revised; (f)(1)(ix) added.........................54129
32.53 Revised......................................................54130
32.54 (b)(1) introductory text and (b)(3)(ii)(C) revised; 
        (b)(2)(iii) and (iv) added.................................54137
32.55 (g)(4)(ii) and (vii) through (x) revised.....................54137
32.56 (f) and (n)(1) introductory text revised; (t) redesignated 
        as (u); new (t) added......................................54137
32.57 (a), (b)(4)(iv), (c)(3), and (4)(iv) revised; (b)(1)(iv) and 
        (2)(iii) added.............................................54137
32.58 Revised......................................................54138
32.59 (b)(3) introductory text revised.............................54139
32.60 (b) revised..................................................54139
32.61 (g)(1) introductory text, (v), (vi), (2), (3)(i), and (4)(i) 
        revised; (g)(3)(ii) removed; (g)(3)(iii) and (iv) 
        redesignated as new (g)(3)(ii) and (iii)...................54139
32.62 (f), (i), and (j) revised....................................54140
32.63 (a)(1)(iii) removed; (a)(1)(iv), (v), and (vi) redesignated 
        as new (a)(1)(iii), (iv), and (v); (b) revised.............54141
32.64 (a)(1)(vii) and (2)(v) added; (a)(4)(i)(A) and (b) revised 
                                                                   54141
32.65 (a)(3)(iii), (b)(1)(i), (3)(i), (c)(3)(i), (d), (e)(3), 
        (4)(ii), (h), (i), (k)(3), (4)(iv), and (l)(3)(i) revised; 
        (a)(3)(v), (b)(1)(iv), (3)(v), (c)(3)(vi), (f)(3)(v), 
        (j)(3)(v), and (l)(3)(v) added.............................54141
32.66 (l)(1) and (n) revised.......................................54142
32.67 Revised......................................................54143
32.68 (c) and (d) revised..........................................54144
32.69 (a) through (e) redesignated as (b) through (f); new (a) 
        added; new (b), new (c), new (e)(1), and new (f) revised 
                                                                   54144
36.39 (d) added....................................................54145
71.11 Revised......................................................54145
71.12 (a), (b) through (f), and (g) through (m) redesignated as 
        (c), (e) through (i), and (k) through (q); new (a), new 
        (b), new (d), new (j), and (r) added.......................54146
91.14 (b) revised..................................................27317
91.21 (b) revised..................................................27317
91.23 Revised......................................................27317
92.31 Introductory text amended....................................18459
    Regulation at 85 FR 18459 confirmed............................49601


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