50 CFR Part 26

§ 25.61

50 CFR Ch. I (10–1–08 Edition)

(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.

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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 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.

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U.S. Fish and Wildlife Serv., Interior

§ 26.33

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.

Subpart B—Public Entry
§ 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 § 26.34,
§ 27.91 or § 29.2 of this subchapter C.
§ 26.22

§ 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.
§ 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

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 § 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.
§ 26.23 Exception for entry
headquarters office.

to

the

The headquarters office of any national wildlife refuge is open to public
access and admission during regularly
established business hours.
§ 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.
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§ 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.

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

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§ 26.34

50 CFR Ch. I (10–1–08 Edition)

within certain individual national
wildlife refuges where there is a need
to amend, modify, relax or make more
stringent the regulations contained in
this subchapter C. The issued special
regulations will supplement the provisions in this part 26.
(b) Special recreational use regulations may contain the following items:
(1) Recreational uses authorized.
(2) Seasons, period, or specific time
of use.
(3) Description of areas open to recreation.
(4) Specific conditions or requirements.
(5) Other provisions.
(6) Special regulations for public use,
access, and recreation are published in
the daily issue of the FEDERAL REGISTER and may be codified in the Code
of Federal Regulations. They shall be
issued in compliance with procedures
contained in the Departmental Manual.
§ 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.
ILLINOIS
Upper Mississippi River National Wildlife
and Fish Refuge
Refer to § 26.34 Minnesota for regulations.
IOWA
Upper Mississippi River National Wildlife
and Fish Refuge
Refer to § 26.34 Minnesota for regulations.
MINNESOTA

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Upper Mississippi River National Wildlife
and Fish Refuge
(a) 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:
(1) In areas posted and shown on
maps as ‘‘No Entry—Sanctuary,’’ we
prohibit entry as specified on signs or
maps (see § 32.42 of this chapter for list
of areas and locations).
(2) 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 § 32.42
of this chapter for list of areas and locations).
(3) Commercial tours and filming require a permit issued by the refuge or
district manager (see § 27.51 of this
chapter).
(4) 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 (see § 27.51 of this chapter). We also allow the collecting of
shed deer antlers for personal use.
(5) We prohibit the harvest of wild
rice; plant and animal specimens; and
other natural objects, such as rocks,
stones, or minerals. We only allow the
collection of plants or their parts for
ornamental use by permit issued by the
refuge or district manager (see § 27.51 of
this chapter).
(6) 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 § 27.51 and § 32.42
of this chapter).
(7) 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

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§ 26.34

road, trail, fire lane, boat ramp, access
gate, or other facility, or in a manner
that creates a safety hazard or endangers any person, property, or environmental feature. We may impound any
vehicle left parked in violation at the
owner’s expense (see § 27.31(h) of this
chapter).
(8) We allow dogs and other domestic
animals on the refuge subject to the
following conditions:
(i) We prohibit dogs disturbing or endangering wildlife or people while on
the refuge.
(ii) While on the refuge, all dogs must
be under the control of their owners/
handlers at all times or on a leash.
(iii) We prohibit allowing dogs to
roam.
(iv) All dogs must be on a leash when
on hiking trails, or other areas so posted.
(v) We allow working a dog in refuge
waters by tossing a retrieval dummy or
other object for out-and-back exercise.
(vi) We encourage the use of dogs for
hunting (see § 32.42 of this chapter), but
we prohibit field trials and commercial/professional dog training.
(vii) Owners/handlers of dogs are responsible for disposal of dog droppings
in refuge public use concentration
areas such as trails, sandbars, and boat
landings.
(viii) We prohibit horses and all other
domestic animals on the refuge unless
confined in a vehicle, boat, trailer,
kennel or other container (see § 26.21 of
this chapter).
(9) We prohibit the carrying, possessing, or discharging of firearms (including dog training pistols and
dummy launchers), air guns, or any
other weapons on the refuge, unless
you are a licensed hunter or trapper
engaged in authorized activities during
established seasons, in accordance with
Federal, State, and local regulations.
We prohibit target practice on the refuge (see §§ 27.42 and 27.43 of this chapter).
(10) We prohibit the use or possession
of glass food and beverage containers
on lands within the refuge.
(11) 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 6–8 inches (15–20 cm) and at
least 50 feet (15 m) from water’s edge
(see § 27.94 of this chapter).
(b) Watercraft Use. We allow the use of
watercraft of all types and means of
propulsion on all navigable waters of
the refuge in accordance with State
regulations subject to the following
conditions:
(1) 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 other watercraft
motors in these areas, only their use.
These areas are named and located as
follows:
(i) Island 42, Pool 5, Minnesota, 459
acres.
(ii) Snyder Lake, Pool 5A, Minnesota,
182 acres.
(iii) Mertes Slough, Pool 6, Wisconsin, 222 acres.
(iv) Browns Marsh, Pool 7, Wisconsin,
827 acres.
(v) Hoosier Lake, Pool 10, Wisconsin,
162 acres.
(2) In areas posted and shown on
maps as ‘‘Slow No Wake Area,’’ we require watercraft to travel at slow, nowake speed from March 16 through October 31. We apply the applicable State
definition of slow, no-wake operation
in these areas. We also prohibit the operation of airboats or hovercraft in
these areas from March 16 through October 31. These areas are named and located as follows:
(i) Nelson-Trevino, Pool 4, Wisconsin,
2,626 acres (takes effect March 16, 2009).
(ii) Denzers Slough, Pool 5A, Minnesota, 83 acres.
(iii) Black River Bottoms, Pool 7,
Wisconsin, 815 acres.
(iv) Blue/Target Lake, Pool 8, Minnesota, 1,834 acres.
(v) Root River, Pool 8, Minnesota, 695
acres.

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50 CFR Ch. I (10–1–08 Edition)

(vi) Reno Bottoms, Pool 9, Minnesota, 2,536 acres.
(vii) Nine Mile Island, Pool 12, Iowa,
454 acres.
(viii) Princeton, Pool 14, Iowa, 327
acres.
(3) 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 at all
times unless otherwise posted. We
apply the respective State definition of
slow, no-wake operation in these areas.
(4) 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 mph (8 kph) when within 100 feet
(30 m) of another watercraft that is anchored or underway at 5 mph (8 kph) or
less.
(5) We prohibit the mooring, beaching, or storing of watercraft on the refuge without being used at least once
every 24 hours. We define ‘‘being used’’
as a watercraft moved at least 100 feet
(30 m) on the water with operator on
board. We prohibit the mooring of
watercraft within 200 feet (60 m) of refuge boat landings or ramps. We may
impound any watercraft moored in violation at the owner’s expense (see
§ 27.32 of this chapter).
(6) Conditions A1, A2, and A11 apply.
(c) 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:
(1) We define camping as erecting a
tent or shelter of natural or synthetic
material, preparing a sleeping bag or
other bedding material for use, parking
of a motor vehicle or mooring or anchoring of a vessel, for the apparent
purpose of overnight occupancy, or, occupying or leaving personal property,
including boats or other craft, at a site
anytime between the hours of 11 p.m.
and 3 a.m.
(2) 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
km) from the previous site.
(3) 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.
(4) 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 § 32.42 of this chapter).
(5) 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.
(6) You must remove any tables, fireplaces, or other facilities erected upon
vacating a camping or day-use site.
(7) We allow campfires in conjunction
with camping and day-use activities
subject to the following conditions (see
§ 27.95 and § 32.42 of this chapter):
(i) 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.
(ii) We prohibit building, attending,
and maintaining a campfire without
sufficient clearance from flammable
materials so as to prevent its escape.
(iii) 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.
(iv) We prohibit burying live fires or
hot coals when vacating a campfire
site.
(v) 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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U.S. Fish and Wildlife Serv., Interior

§ 26.34

products, wood containing nails or staples, wire, flotation materials, or other
refuse.
(8) Conditions A4 through A11 apply.
VIRGINIA
Back Bay National Wildlife Refuge

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ACCESS
(a) Access qualifications and specifications. (1) As provided for in Pub. L. 96–
315, permanent, full-time residents who
can furnish to the refuge manager,
Back Bay NWR, adequate proof of continuous and continuing residency, commencing prior to December 31, 1979, on
the Outer Banks from the refuge
boundary south to and including the
village of Corolla, North Carolina, as
long as they remain permanent, fulltime residents. The south boundary of
the area for access consideration is defined as a straight east-west line extending from Currituck Sound to the
Atlantic Ocean and passing through a
point 1,600 feet due south of the
Currituck
lighthouse.
‘‘Residence’’
means a place of general abode; ‘‘Place
of general abode’’ means a person’s
principal, actual dwelling place in fact,
without regard to intent. A ‘‘dwelling’’
means a residential structure occupied
on a year-round basis by the permit applicant and shall not include seasonal
or part-time dwelling units such as
beach houses, vacation cabins, or
structures which are intermittently occupied.
(2) As provided for in Pub. L. 98–146,
‘‘Up to 15 additional permits shall be
granted to those persons meeting any
one of the following conditions:’’
(i) A resident as of July 1, 1982, who
held a valid Service access permit for
improved property owners at any time
during the period from July 29, 1976,
through December 31, 1979.
(ii) Anyone in continuous residency
since 1976, in the area bounded on the
north by the refuge boundary, and on
the south by a straight line passing
through a point in the east-west prolongation of the centerline of Albacore
Street, Whaleshead Club Subdivision,
Currituck County, North Carolina.
(iii) Any permanent, full time resident as of April 1, 1983, residing in the
area outlined in paragraph (a)(2)(ii) of

this section and not otherwise eligible,
who can substantiate to the Secretary
of the Interior that access is essential
to their maintaining a livelihood; so
long as they maintain full-time continuous employment in the Norfolk, Virginia, area may qualify for access.
(3) The burden of proving that the
prospective permittee meets these criteria shall be on the applicant by presentation of adequate documentation to
the refuge manager. Permittees may be
required to submit additional documentation of their eligibility to the
refuge manager in order to maintain
access. Permits will be issued only to
those who legally qualify for them.
(4) Only one permit will be issued per
family. All permits issued will be terminated in the event that alternate access becomes available during the permit period.
(5) Permits are issued for the purpose
of providing ingress and egress across
the refuge beach to the permittee’s residence. Personal access is limited to
permittees, their families, relatives,
and guests while being transported in
the permittee’s vehicle. ‘‘Personal access’’ means private, non-commercial
use. Permits are not transferable by
sale or devise.
(6) All vehicle occupants must provide positive identification upon the
request of any refuge official.
(b) Routes of travel. Access to, and
travel along, the refuge beach by motorized vehicles may be allowed between the dune crossing at the key
card operated gate near the refuge
headquarters, and the south boundary
of the refuge only after a permit has
been issued or authorization provided
by the refuge manager. Travel along
the refuge beach by motorized vehicle
shall be below the high tide line, within the intertidal zone, to the maximum
extent practicable. This may require
permittees to adjust their travel times
to avoid high tides which would require
the use of the emergency storm access/
evacuation route over the east dike.
(c) Number of trips allowed. Permittees
and members of their immediate families residing with them are limited to a
total of two round trips per day per
household.
(d) Hours of travel. Travel along the
designated route is permitted 24 hours

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per day from October 1 through April
30. Travel is restricted to the hours of
5:00 a.m. to 12:00 midnight from May 1
through September 30.
(e) Medical emergencies. Private vehicles used in a medical emergency will
be granted access. A ‘‘medical emergency’’ means any condition that
threatens human life or limb unless
medical treatment is immediately obtained.
The vehicle operator is required to provide the refuge manager with a doctor’s statement confirming the emergency within 36 hours after the access
has occurred.
(f) Military, fire or emergency vehicles.
Military, fire, emergency or law enforcement vehicles used for emergency
purposes may be granted access. Vehicles used by an employee/agent of the
Federal, State or local government, in
the course of official duty other than
for emergency purposes, may be granted access upon advance request to the
refuge manager. Continuous or recurring use of the refuge beach for other
than emergency purposes shall require
the issuance of a permit from the refuge manager.
(g) Public utility vehicles. Public utility vehicles used on official business
will be granted access. A permit specifying the times and types of access will
be issued by the refuge manager. A
‘‘public utility vehicle’’ means any vehicle owned or operated by a public
utility company enfranchised to supply
Outer Banks residents with electricity
or telephone service.
(h) Essential commercial service vehicles. (1) Essential commercial service
vehicles on business calls during the
hours of 8 a.m.–5 p.m. Monday through
Friday will be granted access, only
upon prior approval of the refuge manager when responding to a request from
a permittee. Such requests may be
verbal or in writing. Access by essential commercial service vehicles will be
granted only after all other reasonable
alternatives to access through the refuge have been exhausted as determined
by the refuge manager.
(2) ‘‘Commercial service vehicle’’
means any vehicle owned or operated
by or on behalf of an individual, partnership, or corporation that is properly
licensed to engage entirely in the busi-

ness of furnishing emergency repair
services, including but not limited to
plumbing, electrical, and repairs to
household appliances.
(3) Emergency situations. The refuge
manager, upon reasonable notification,
will be able to authorize essential service/emergency repair access, outside
the prescribed time periods, for emergency situations should they arise.
(i) False Cape State Park employees.
False Cape State Park and Virginia
Game Commission employees who are
residents in the park will be considered
as permanent, full-time residents as
defined in § 26.34(a) with access privileges identical to those of other permittees with beach access privileges.
(j) Commercial fishermen, businesses
and their employees. (1) Commercial
fishermen who have verified that their
fishing operations on the Outer Banks
of
Virginia
Beach,
Virginia,
or
Currituck County, North Carolina,
have been dependent since 1972 on ingress and egress to or across the refuge
are granted permits for access. Travel
through the refuge by commercial fishermen from Currituck County, North
Carolina, will be permitted only when
directly associated with commercial
fishing operations. Drivers and passengers on trips through the refuge are
limited to commercial fishing crew
members. A commercial fisherman means
one who harvests finfish by gill net or
haul seine in the Atlantic Ocean, and
who has owned and operated a commercial fishing businesses continuously
since 1972. Commercial permits are not
transferable by sale or devise. The
level of commercial permittee travel
across the refuge shall not increase
above the average yearly levels maintained in the 1985–1987 period.
(2) Other businesses who have
verified that their business operations
on the Outer Banks of Currituck County, North Carolina, have been dependent since 1972 on ingress and egress to
or across the refuge will be granted
permits for access in accordance with
the limitations outlined in paragraph
(j)(1) of this section.
(3) Each commercial fisherman or
other business may be granted a maximum of five designated employees to
travel the refuge beach for commercial

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fishing or other business-related purposes only. Commercial fishing employees may carry only other commercial fishing employees as passengers.
Other business employees may carry
only other employees of that business.
The hauling of trailers associated with
the conduct of commercial fishing or
other business activities is authorized.
(4) Employees of commercial fishermen and/or other businesses who apply
for access permits shall have the burden of proving, by the presentation of
appropriate documentation to the refuge manager, that they are an ‘‘employee’’ for purposes of this section of
the regulations. Appropriate documentation is defined as the submission
of standardized and verifiable employment forms including: Signed W-2 and
W–4 forms, IRS form #1099, official
earnings statements for specified periods, employee income tax withholding
submissions to State and Federal tax
offices (e.g., IRS form W–3 with W-2s
attached), State unemployment tax information or other proof of actual employment. Documentation for each employee must be submitted in advance of
access being granted, or, for new employees, within 30 days of their starting
date.
Failure
to
provide
verification of employment for new
employees within 30 days will result in
termination of access privileges.
(k) Suspension or waiver of rules. (1) In
an emergency, the refuge manager may
suspend any or all of the foregoing restrictions on vehicular travel and announce each suspension by whatever
means are available. In the event of adverse weather conditions, the refuge
manager may close all or any portion
of the refuge to vehicular traffic for
such periods as deemed advisable in the
interest of public safety.
(2) The refuge manager may make exceptions to access restrictions, if they
are compatible with refuge purposes,
for qualified permittees who have demonstrated to the refuge manager a need
for additional access relating to health
or livelihood.
(3) The refuge manager may grant
one-time use authorization for vehicular access through the refuge to individuals, not otherwise qualified above,
who have demonstrated to the refuge
manager that there is no feasible alter-

native to the access requested. Authorization for access under this provision
will not be based on convenience to the
applicant.
(4) Medical access waiver permits
may be issued under the following conditions:
(i) The Regional Director may grant
access to non-eligible permanent residents who can show proof that their
physical health is such that life-threatening situations may result from more
arduous travel conditions. The submission of substantiating medical records
is required to be considered for a medical access waiver.
(ii) All medical access waiver permittees will be required to prove that their
medical condition is or continues to be
such that a life-threatening situation
would result from more arduous travel
conditions. Such proof shall be required prior to the issuance of an access permit, and at 3-year intervals
thereafter.
(iii) A second medical opinion will be
required by the Regional Director prior
to the issuance or re-issuance of any
such permit. This second opinion will
be provided for at Service expense, by a
government designated physician.
(iv) No additional medical access
waiver permits will be issued after December 31, 1987.
(v) Previous holders of medical access waiver permits will retain access
subject to paragraph (k)(4) (ii) and (iii)
of this section.
(l) Violation of rules. Violators of
these special regulations pertaining to
Back Bay NWR are subject to legal action as prescribed by 50 CFR 25.43 and
part 28, including suspension or revocation of all permits issued to the violator or responsible permittee. The refuge manager may deny access permits
to applicants who, during the 2 years
immediately preceding the date of application, have formally been charged
and successfully prosecuted for three
or more violations of these or other
regulations in effect at Back Bay NWR.
Individuals whose vehicle access privileges are suspended, revoked, or denied
may, within 30 days, file a written appeal of the action to the Assistant Regional Director-Refuges and Wildlife,
One Gateway Center, Suite 700, Newton

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50 CFR Ch. I (10–1–08 Edition)

Corner, Massachusetts 02158, in accordance with 50 CFR 25.45(c).
(m) Other access rules. (1) No permit
will remain in effect beyond December
31 of the year in which it was issued.
Permits may be renewed upon the submission of appropriate updated information relating to the permit, and a
signed statement that the conditions
under which the previous permit was
issued have not changed. In the event
of any changes of conditions under
which the permit is granted, the permittee shall notify the refuge manager
in writing within 30 days. Failure to report changes may result in suspension/
revocation of the permit.
(2) Vehicles shall be operated on the
refuge beach only by the permittee or
other authorized drivers. Permit holders shall not tow, transport or operate
vehicles owned by non-permit holders
through the refuge. Non-commercial
permit holders may tow utility and
boat trailers when being used for their
personal use only. Any towed vehicle
shall have advance approval from the
refuge manager prior to being brought
through the refuge. This access privilege is not to be used for any commercial purpose.
(3) The refuge manager may prescribe
restrictions as to the types of vehicles
to be permitted to ensure public safety
and adherence to all applicable rules
and regulations.
(4) A magnetic card will be issued to
each authorized driver only for his or
her operation of the computer controlled gate. No more than two cards
will be issued per family. Only one vehicle will be permitted to pass for each
gate opening. Unauthorized use of the
magnetic card may result in suspension of the permit. A fee will be
charged to replace lost or misplaced
cards. Malfunctioning cards will be replaced at no charge.
(5) Access is granted for the purpose
of travel to and from the permittee’s
residence and/or place of business. Access is not authorized for the purpose
of transporting individuals for hire, or
for the transport of prospective real estate clients to or from the Outer Banks
of North Carolina, or for any other purpose not covered in this rule.

GENERAL RULES
(n) Entry on foot, bicycle or motor vehicle. Entry on foot, bicycle, or by motor
vehicle on designated routes is permitted one-half hour before sunrise to
one-half hour after sunset for the purposes of nature observation and study,
photography, hiking, surf fishing, and
bicycling.
(o) Beach-oriented uses. Designated
areas of the refuge beach are open to
wildlife/wildlands-oriented recreation
only as outlined in paragraph (n) of
this section. Entry to the beach is via
designated access points only.
(p) Parking. Limited parking at the
refuge office/visitor contact station is
permitted only in designated spaces.
Parking is available on a first-come,
first-serve basis for persons engaged in
wildlife/wildlands-oriented recreation
only as outlined in paragraph (n) of
this section.
(q) Fires. All fires are prohibited.
(r) Pets. Dogs and other pets, on a
hand-held leash not exceeding 10 feet in
length, are permitted from October 1
through March 31.
(s) Other general rules. (1) Pedestrians
and vehicular traffic in the sand dunes
are prohibited.
(2) Use by all groups exceeding 10 individuals will require a Special Use
Permit, issued by the refuge manager.
(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.

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U.S. Fish and Wildlife Serv., Interior

§ 26.41

WISCONSIN
Upper Mississippi River National Wildlife
and Fish Refuge
Refer to § 26.34 Minnesota for regulations.
[52 FR 35715, Sept. 23, 1987, as amended at 73
FR 22260, Apr. 24, 2008]
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.

yshivers on PROD1PC62 with CFR

§ 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;
(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?.

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(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 reevaluation 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
Subpart A—Introduction
Sec.
27.11

Purpose of regulations.

Subpart B—Taking Violations
27.21

General provisions.

Subpart C—Disturbing Violations: With
Vehicles
27.31
27.32
27.33
27.34

General provisions regarding vehicles.
Boats.
Water skiing.
Aircraft.

Subpart D—Disturbing Violations: With
Weapons
27.41
27.42
27.43

General provisions.
Firearms.
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: Light and
Sound Equipment
27.71
27.72
27.73

Motion or sound pictures.
Audio equipment.
Artificial lights.

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