General Refuge Regulations

§ 25.22

50 CFR Ch. I (10–1–06 Edition)

§ 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.
§ 25.23 What are the general regulations and information collection requirements?
The Office of Management and Budget has approved the information collection requirements contained in subchapter C, parts 25, 32, and 36 under 44
U.S.C. 3501 et seq. and assigned the following clearance numbers: Special Use
Permit Applications on National Wildlife Refuges in Alaska (SUP-AK), clearance number 1018–0014; Special Use Permit Applications on National Wildlife
Refuges Outside Alaska (SUP), clearance number 1018–0102. See § 36.3 of this
subchapter for further information on
Special Use Permit Applications on
National Wildlife Refuges in Alaska.
We are collecting the information to
assist us in administering these programs in accordance with statutory authorities that require that recreational
uses be compatible with the primary
purposes for which the areas were established. We require the information
requested in the application form for
the applicant to obtain a benefit. We
estimate the public reporting burden
for the SUP application form to be 30
minutes per response. This includes
time for reviewing instructions, gathering and maintaining data, and completing and reviewing the form. Direct
comments on the burden estimate or
any other aspect of this form to the Information Collection Clearance Officer,
U.S. Fish and Wildlife Service, MS 222
ARLSQ, Washington, DC 20240 (1018–
0014 or 1018–0102).
[65 FR 56400, Sept. 18, 2000]

may be notified by any of the following
methods, all of which supplement this
subchapter C:
(a) Official signs posted conspicuously at appropriate intervals and locations;
(b) Special regulations issued under
the provisions of § 26.33 of this subchapter C.
(c) Maps available in the office of the
refuge manager, regional director, or
area director, or
(d) Other appropriate methods which
will give the public actual or constructive notice of the permitted or curtailed public access, use, or recreational activity.

Subpart D—Permits
§ 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]

§ 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.
§ 25.43 Who may terminate or revoke a
permit and why?

Subpart C—Public Notice
§ 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

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]

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U.S. Fish and Wildlife Serv., Interior

Pt. 26

(a) Special admission permits for
uses, such as group activities, may be
issued.
(b) No entrance fee shall be charged
for persons under 16 years of age.
(c) No entrance fee shall be charged
for travel by private noncommercial
vehicle over any road or highway established as part of the National Federal Aid System (defined in 23 U.S.C.
101), which is commonly used by the
public as a means of travel between
two places which are outside the Entrance Fee Area.
(d) No entrance fee shall be charged
for travel by private noncommercial
vehicle over any road or highway to
any land in which such person has a
property interest if such land is within
any Entrance Fee Area.
(e) Persons accompanying the holder
of a valid single visit permit, Federal
Duck Stamp or Golden Eagle, Age, or
Access Passport in a single, private,
noncommercial vehicle shall be entitled to general entrance.
(f) Where entry is by any means
other than single, private, noncommercial vehicle, the spouse, children, or
parents accompanying the holder of a
valid single visit permit, Federal Duck
Stamp or Golden Eagle, Age, or Access
Passport shall be entitled to general
entrance.

Subpart F—Concessions
§ 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
§ 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 in-

cluded in leases, agreements, or use
permits.
§ 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
Subpart A—Introduction
Sec.
26.11

Purpose of regulations.

Subpart B—Public Entry
26.21 General trespass provision.
26.22 General exception for entry.
26.23 Exception for entry to the headquarters office.
26.24 Exception for entry when accompanied
by refuge personnel.
26.25 Exception for entry to persons with an
economic use privilege.
26.26 Exception for entry for use of emergency shelter.
26.27 Exception for entry on designated
routes of travel.

Subpart C—Public Use and Recreation
26.31 General provisions.
26.32 Recreational uses.
26.33 Special regulations.
26.34 Special regulations concerning public
access, use and recreation for individual
national wildlife refuges.
26.35 Cabin sites.
26.36 Public assemblies and meetings.
26.41 What is the process for determining if
a use of a national wildlife refuge is a
compatible use?
AUTHORITY: 5 U.S.C. 301; 16 U.S.C. 460k, 664,
668dd, 715i; Pub. L. 96–315 (94 Stat. 958) and
Pub. L. 98–146 (97 Stat. 955).
SOURCE: 41 FR 9167, Mar. 3, 1976, unless otherwise noted.

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§ 26.41

(3) Registered motor vehicles and
motorized bicycles (mopeds) are permitted on the paved refuge access road
and parking lot at refuge headquarters.
All other motorized vehicular use is
prohibited, except as specifically authorized pursuant to this rule.
(4) The information collection requirement contained in this rule has
been approved by the Office of Management and Budget under 44 U.S.C. 3501,
et seq., and has been assigned the number 1018–0014. The information being
collected is used to determine eligibility for issuing a vehicular access
permit and a response is required to obtain a benefit.
[52 FR 35715, Sept. 23, 1987]
EDITORIAL NOTE: For FEDERAL REGISTER citations to regulations affecting temporary
and special regulations on national wildlife
refuges, see the List of CFR Sections Affected, which appears in the Finding Aids
section of the printed volume and on GPO
Access.

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

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§ 27.52

50 CFR Ch. I (10–1–06 Edition)

is prohibited except by special permit
unless otherwise permitted under this
subchapter C.
(b) [Reserved]

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.

§ 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
§ 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.
§ 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.
§ 27.63 Search for and
other valued objects.

removal

of

(a) No person shall search for buried
treasure, treasure trove, valuable semiprecious 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.
§ 27.64

Prospecting and mining.

Prospecting, locating, or filing mining claims on national wildlife refuges
is prohibited unless otherwise provided
by law. See § 29.31 for provisions concerning mineral leasing.
[41 FR 9168, Mar. 3, 1976, as amended at 44 FR
42976, July 23, 1979]

§ 27.65 Tampering with vehicles and
equipment.
Tampering with, entering, or starting any motor vehicle, boat, equipment

Subpart G—Disturbing Violations:
Light and Sound Equipment
§ 27.71 Motion or sound pictures.
The taking or filming of any motion
or sound pictures on a national wildlife
refuge for subsequent commercial use
is prohibited except as may be authorized under the provisions of 43 CFR
part 5.
§ 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.
§ 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
§ 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.
§ 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

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§ 27.94

these schedules pursuant to the terms
of the Controlled Substance Act.
(2) The term practitioner means a physician, dentist, veterinarian, scientific
investigator, pharmacist, or other person licensed, registered, or otherwise
permitted by the United States or the
jurisdiction in which he practices to
distribute or possess a controlled substance in the course of professional
practice.
(3) The term delivery means the actual, attempted or constructive transfer and/or distribution of a controlled
substance, whether or not there exists
an agency relationship.
(b) Offenses. (1) The delivery of any
controlled substance on a national
wildlife refuge is prohibited, except
that distributed by a practitioner in
accordance with applicable law.
(2) The possession of a controlled substance on a national wildlife refuge is
prohibited unless such substance was
obtained by the possessor directly, or
pursuant to a valid prescription or
order, from a practitioner acting in the
course of his professional practice, or
except as otherwise authorized by applicable law.
(3) Presence in a national wildlife refuge when under the influence of a controlled substance to a degree that may
endanger oneself, or another person, or
property, or may cause unreasonable
interference with another person’s enjoyment of a national wildlife refuge is
prohibited.
§ 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.
§ 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.

§ 27.85

Gambling.

Gambling in any form, or the operation of gambling devices, for money
or otherwise, on any national wildlife
refuge is prohibited.
§ 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
§ 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.
§ 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.
§ 27.93

Abandonment of property.

Abandoning, discarding, or otherwise
leaving any personal property in any
national wildlife refuge is prohibited.
§ 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.

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§ 28.43

50 CFR Ch. I (10–1–06 Edition)

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.
§ 28.43

Destruction of dogs and cats.

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

PART 29—LAND USE MANAGEMENT
Subpart A—General Rules
Sec.
29.1 May we allow economic uses on national wildlife refuges?
29.2 Cooperative land management.
29.3–29.4 [Reserved]
29.5 Fees.

Subpart B—Rights-of-Way General
Regulations
29.21 What do these terms mean?
29.21–1 Purpose and scope.
29.21–2 Application procedures.
29.21–3 Nature of interest granted.
29.21–4 Terms and conditions.
29.21–5 Construction.
29.21–6 Disposal, transfer or termination of
interest.
29.21–7 What payment do we require for use
and occupancy of national wildlife refuge
lands?

29.21–8 Electric power transmission line
rights-of-way.
29.21–9 Rights-of-way for pipelines for the
transportation of oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom.
29.22 Hearing and appeals procedures.

Subpart C—Mineral Operations
29.31 Mineral ownerships in the United
States.
29.32 Mineral rights reserved and excepted.
AUTHORITY: Sec. 2, 33 Stat. 614, as amended,
sec. 5, 43 Stat. 651, secs. 5, 10, 45 Stat. 449,
1224, secs. 4, 2, 48 Stat. 402, as amended, 1270,
sec. 4, 76 Stat. 645; 5 U.S.C. 301, 16 U.S.C.
668dd, 685, 725, 690d, 715i, 664, 43 U.S.C. 315a, 16
U.S.C. 460k; 80 Stat. 926.
SOURCE: 31 FR 16026, Dec. 15, 1966, unless
otherwise noted.

Subpart A—General Rules
§ 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]

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U.S. Fish and Wildlife Serv., Interior
§ 29.2

§ 29.21–1

Cooperative land management.

Cooperative agreements with persons
for crop cultivation, haying, grazing,
or the harvest of vegetative products,
including plantlife, growing with or
without cultivation on wildlife refuge
areas may be executed on a share-inkind basis when such agreements are in
aid of or benefit to the wildlife management of the area.
§§ 29.3–29.4
§ 29.5

[Reserved]

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
§ 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]

§ 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 § 29.21–2. No right-of-way will
be approved unless it is determined by
the Regional Director to be compatible. See § 29.21–8 for additional requirements applicable to rights-of-way for
electric power transmission lines and
§ 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-ofway will not adversely affect the

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§ 31.2
(b) [Reserved]

PART 30—RANGE AND FERAL
ANIMAL MANAGEMENT

[31 FR 16027, Dec. 15, 1966]

§ 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).

Subpart A—Range Animals
Sec.
30.1 Surplus range animals.
30.2 Disposition of surplus range animals.

Subpart B—Feral Animals
30.11
30.12

Control of feral animals.
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.

[38 FR 16356, June 22, 1973]

PART 31—WILDLIFE SPECIES
MANAGEMENT

Subpart A—Range Animals
§ 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.

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

[38 FR 16356, June 22, 1973]

§ 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.

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.

[62 FR 19937, Apr. 24, 1997]

Subpart A—Surplus Wildlife

Subpart B—Feral Animals
§ 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.

§ 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.
§ 31.2 Methods of surplus wildlife population control and disposal.
Upon a determination that wildlife
are surplus to a balanced conservation

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§ 31.11

50 CFR Ch. I (10–1–06 Edition)

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
§ 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]

§ 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.
§ 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
§ 29.1 of this subchapter C.

taken or destroyed by Federal personnel.
§ 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.
§ 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]

§ 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.

[69 FR 54362, Sept. 8, 2004]

PART 32—HUNTING AND FISHING

§ 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

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.

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Office of the Secretary, Interior

§ 5.1

possess knowledge or information pertinent to the agency decision being appealed, and if this knowledge or information is unobtainable elsewhere.
(d) An oral presentation shall not
constitute a judicial proceeding, and no
such judicial proceeding or hearing
shall be provided for in this appeals
process. There shall be no requirement
for legal briefs, sworn statements, interrogation under oath, official transcripts of testimony, etc., unless the
appeals official determines such are
necessary for effective disposition of
the appeal.
§ 4.1609

Multiple appeals.

If two or more appellants submit appeals of the same agency decision,
which are based on the same or similar
allegations, the appeals official may,
at his discretion, consider all such appeals concurrently and issue a single
written decision resolving all of the
several appeals.
§ 4.1610 Decision of the appeals official.
(a) Within 30 calendar days after receipt of an appeal by the Office of
Hearings and Appeals, the appeals official shall issue a written decision, either affirming or denying the appeal.
This decision shall be final, with no judicial review or further avenue of appeal.
(b) If the appeals official affirms the
appeal, his decision regarding further
action by the agency shall be binding
upon the agency.
(c) If it proves impracticable to issue
a decision within the prescribed 30 calendar days, the appeals official may extend this period, notifying all concerned parties of the anticipated decision date.

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PART 5—MAKING PICTURES, TELEVISION
PRODUCTIONS
OR
SOUND TRACKS ON CERTAIN
AREAS UNDER THE JURISDICTION
OF THE DEPARTMENT OF THE INTERIOR
Sec.
5.1 Areas administered by U.S. Fish and
Wildlife Service or National Park Service.

5.2

Areas administered by the Bureau of Indian Affairs.

AUTHORITY: R.S. 463, sec. 3, 39 Stat. 535, as
amended, sec. 10, 45 Stat. 1224, as amended; 5
U.S.C. 301, 25 U.S.C. 2, 16 U.S.C. 715i.

§ 5.1 Areas administered by U.S. Fish
and Wildlife Service or National
Park Service.
(a) Permit required. No picture may be
filmed, and no television production or
sound track made on any area administered by the U.S. Fish and Wildlife
Service or the National Park Service,
of the Department of the Interior, by
any person other than amateur or bona
fide newsreel and news television photographers and soundmen, unless written permission has been obtained from
the Service having jurisdiction over
the area. Applications for permission
should be submitted to the local official having administrative responsibility for the area involved.
(b) Fees; bonds. (1) No fees will be
charged for the making of motion pictures, television productions or sound
tracks on areas administered by the
U.S. Fish and Wildlife Service. The regular general admission and other fees
currently in effect in any area under
the jurisdiction of the National Park
Service are not affected by this paragraph.
(2) A bond shall be furnished, or deposit made in cash or by certified
check, in an amount to be set by the
official in charge of the area to insure
full compliance with all of the conditions prescribed in paragraph (d)(3) of
this section.
(c) Approval of application. Permission to make a motion picture, television production or sound track on
areas administered by the U.S. Fish
and Wildlife Service or the National
Park Service will be granted by the
head of the Service or his authorized
representative in his discretion and on
acceptance by the applicant of the conditions set forth in paragraph (d)(3) of
this section.
(d) Form of application. The following
form is prescribed for an application
for permission to make a motion picture, television production, or sound
track on areas administered by the

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§ 5.2

43 CFR Subtitle A (10–1–06 Edition)

U.S. Fish and Wildlife Service or the
National Park Service:
Date llllllll
To the head of the llllllllllllll
Service, Department of the Interior llll
(Area)
(1) Permission is requested to make, in the
area mentioned above, a ——————————
(2) The scope of the filming (or production
or recording) and the manner and extent
thereof will be as follows
Weather conditions permitting, work will
commence on approximately lllll and
will be completed on approximately ————
llllllllllllllllllllllll
llllllllllllllllllllllll
(An additional sheet should be used if necessary.)
(3) The undersigned accepts and will comply with the following conditions:
(i) Utmost care will be exercised to see
that no natural features are injured, and
after completion of the work the area will,
as required by the official in charge, either
be cleaned up and restored to its prior condition or left, after clean-up, in a condition
satisfactory to the official in charge.
(ii) Credit will be given to the Department
of the Interior and the Service involved
through the use of an appropriate title or announcement, unless there is issued by the official in charge of the area a written statement that no such courtesy credit is desired.
(iii) Pictures will be taken of wildlife only
when such wildlife will be shown in its natural state or under approved management
conditions if such wildlife is confined.
(iv) [Reserved]
(v) Any special instructions received from
the official in charge of the area will be complied with.
(vi) Any additional information relating to
the privilege applied for by this application
will be furnished upon request of the official
in charge.
llllllllllllllllll
(Applicant)
Forlllllllllllll
(Company)
Bond Requirement $
llllllllllll
Approved:
llllllllllllll
(Date)
llllllllllllllllll
(Title)

cprice-sewell on PROD1PC66 with CFR

[22 FR 1987, Mar. 26, 1957, as amended at 36
FR 2972, Feb. 13, 1971; 71 FR 19129, Apr. 13,
2006]

§ 5.2 Areas administered by the Bureau of Indian Affairs.
(a) Individual Indians. Anyone who
desires to go on the land of an Indian
to make pictures, television productions or sound tracks is expected to observe the ordinary courtesy of first ob-

taining permission from the Indian and
of observing any conditions attached to
such permission.
(b) Indian groups and communities.
Anyone who desires to take pictures,
including motion pictures, or to make
a television production or a sound
track of Indian communities, churches,
kivas, plazas, or ceremonies performed
in such places, must obtain prior permission from the proper officials of the
place or community. Limitations
which such officials may impose must
be scrupulously observed.
(c) Use of Indian lands. If the filming
of pictures or the making of television
productions or sound tracks requires
the actual use of Indian lands, a lease
or permit must be obtained pursuant to
25 CFR part 131.
(d) Employment of Indians. Any motion picture or television producer who
obtains a lease or permit for the use of
Indian land pursuant to 25 CFR part 131
shall be expected to pay a fair and reasonable wage to any Indians employed
in connection with the production activities.
[22 FR 1987, Mar. 26, 1957]

PART 6—PATENT REGULATIONS
Subpart A—Inventions by Employees
Sec.
6.1 Definitions.
6.2 Report of invention.
6.3 Action by supervisory officials.
6.4 Action by Solicitor.
6.5 Rights in inventions.
6.6 Appeals by employees.
6.7 Domestic patent protection.
6.8 Foreign filing.
6.9 Publication and public use of invention
before patent application is filed.
6.10 Publicity concerning the invention
after patent application is filed.
6.11 Condition of employment.

Subpart B—Licenses
6.51
6.52
6.53
6.54

Purpose.
Patents.
Unpatented inventions.
Use or manufacture by or for the Government.
6.55 Terms of licenses or sublicenses.
6.56 Issuance of licenses.
6.57 Evaluation Committee.
AUTHORITY: 5 U.S.C. 301; sec. 2, Reorganization Plan No. 3 of 1950, 15 FR 3174; E.O. 10096,
15 FR 389; and E.O. 10930, 26 FR 2583.

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