Download:
pdf |
pdfSUBCHAPTER C—THE NATIONAL WILDLIFE REFUGE SYSTEM
PART 25—ADMINISTRATIVE
PROVISIONS
Subpart A—Introduction
§ 25.11
Subpart A—Introduction
Sec.
25.11
25.12
25.13
Purpose of regulations.
What do these terms mean?
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.
25.71
25.72
Public safety.
Reporting of accidents.
rmajette on DSK2TPTVN1PROD with CFR
Subpart G—Safety Regulations
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.
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]
§ 25.12
What do these terms mean?
(a) As used in the rules and regulations in this subchapter:
232
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00242
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
rmajette on DSK2TPTVN1PROD with CFR
U.S. Fish and Wildlife Serv., Interior
§ 25.12
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 longterm 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
§ 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
233
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00243
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
rmajette on DSK2TPTVN1PROD with CFR
§ 25.12
50 CFR Ch. I (10–1–14 Edition)
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.
234
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00244
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
U.S. Fish and Wildlife Serv., Interior
§ 25.21
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]
§ 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.
rmajette on DSK2TPTVN1PROD with CFR
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?
(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 § 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
235
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00245
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
rmajette on DSK2TPTVN1PROD with CFR
§ 25.21
50 CFR Ch. I (10–1–14 Edition)
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 § 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 § 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 preuse 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]
236
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00246
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
U.S. Fish and Wildlife Serv., Interior
§ 25.22
§ 25.44
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, 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
rmajette on DSK2TPTVN1PROD with CFR
§ 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 § 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?
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]
§ 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
237
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00247
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
§ 25.45
50 CFR Ch. I (10–1–14 Edition)
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 rightsof-way in easement areas are contained
in 50 CFR part 29.21.
rmajette on DSK2TPTVN1PROD with CFR
[51 FR 7575, Mar. 5, 1986, as amended at 65 FR
62482, Oct. 18, 2000]
§ 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
§ 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
238
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00248
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
U.S. Fish and Wildlife Serv., Interior
§ 25.57
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.
§ 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.
§ 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.
rmajette on DSK2TPTVN1PROD with CFR
§ 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.
§ 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 § 25.31 of this
part.
§ 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.
§ 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.
§ 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
239
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00249
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
§ 25.61
50 CFR Ch. I (10–1–14 Edition)
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 included in leases, agreements, or use
permits.
rmajette on DSK2TPTVN1PROD with CFR
§ 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 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
§ 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.
240
VerDate Sep<11>2014
14:38 Jan 16, 2015
Jkt 232236
PO 00000
Frm 00250
Fmt 8010
Sfmt 8010
Y:\SGML\232236.XXX
232236
File Type | application/pdf |
File Modified | 2015-01-27 |
File Created | 2015-01-27 |