50 CFR Part 27

Pt. 27

50 CFR Ch. I (10–1–01 Edition)

(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-ofway 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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U.S. Fish and Wildlife Serv., Interior

§ 27.31

Subpart H—Disturbing Violations: Personal
Conduct
27.81 Alcoholic beverages.
27.82 Possession and delivery of controlled
substances.
27.83 Indecency and disorderly conduct.
27.84 Interference with persons engaged in
authorized activities.
27.85 Gambling.
27.86 Begging.

Subpart I—Other Disturbing Violations
27.91 Field trials.
27.92 Private structures.
27.93 Abandonment of property.
27.94 Disposal of waste.
27.95 Fires.
27.96 Advertising.
27.97 Private operations.
AUTHORITY: Sec. 2, 33 Stat. 614, as amended
(16 U.S.C. 685); Sec. 5, 43 Stat. 651 (16 U.S.C.
725); Sec. 5, Stat. 449 (16 U.S.C. 690d); Sec. 10,
45 Stat. 1224 (16 U.S.C. 715i); Sec. 4, 48 Stat.
402, as amended (16 U.S.C. 664); Sec. 2, 48
Stat. 1270 (43 U.S.C. 315a); 49 Stat. 383 as
amended; Sec. 4, 76 Stat. (16 U.S.C. 460k);
Sec. 4, 80 Stat. 927 (16 U.S.C. 668dd) (5 U.S.C.
685, 752, 690d); 16 U.S.C. 715s).
SOURCE: 41 FR 9168, Mar. 3, 1976, unless otherwise noted.

Subpart A—Introduction
§ 27.11 Purpose of regulations.
The regulations in this part 27 govern
those acts by the public which are prohibited at all times except as permitted in this part, part 26, and part 25,
subpart D—Permits.
[42 FR 56954, Oct. 31, 1977]

Subpart B—Taking Violations
§ 27.21 General provisions.
No person shall take any animal or
plant on any national wildlife refuge,
except as authorized under 50 CFR 27.51
and parts 31, 32, and 33 of this subchapter C.

Subpart C—Disturbing Violations:
With Vehicles
§ 27.31 General provisions regarding
vehicles.
Travel in or use of any motorized or
other vehicles, including those used on
air, water, ice, snow, is prohibited on
national wildlife refuges except on des-

ignated routes of travel, as indicated
by the appropriate traffic control signs
or signals and in designated areas posted or delineated on maps by the refuge
manager and subject to the following
requirements and limitations:
(a) Unless specifically covered by the
general and special regulations set
forth in this chapter, the laws and regulations of the State within whose exterior boundaries a national wildlife
refuge or portion thereof is located
shall govern traffic and the operation
and use of vehicles. Such State laws
and regulations which are now or may
hereafter be in effect are hereby adopted and made a part of the regulations
in this part.
(b) No operator of a vehicle shall be
under the influence of intoxicating
beverages or controlled substances.
(c) Driving or operating any vehicle
carelessly or heedlessly, or in willful or
wanton disregard for the rights or safety of other persons, or without due care
or at a speed greater than is reasonable
and prudent under prevailing conditions, having regard to traffic, weather, wildlife, road, and light conditions,
and surface, width, and character of
the travel way is prohibited. Every operator shall maintain such control of
the vehicle as may be necessary to
avoid danger to persons or property or
wildlife.
(d) The vehicle speed limit shall not
exceed 25 m.p.h. except as otherwise legally posted.
(e)(1) Every motor vehicle shall at all
time be equipped with a muffler in
good working order, and which cannot
be removed or otherwise altered while
the vehicle is being operated on a national wildlife refuge. To prevent excessive or unusual noise no person
shall use a muffler cut-out, bypass, or
similar device upon a motor vehicle. A
vehicle that produces unusual or excessive noise or visible pollutants is prohibited.
(2) A refuge manager, by posting of
appropriate signs or by marking on a
map which shall be available at the refuge headquarters, may require that
any motor vehicle operating in the designated area shall be equipped with a
spark arrestor that meets Standard

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§ 27.32

50 CFR Ch. I (10–1–01 Edition)

5100–1a of the U.S. Forest Service, Department of Agriculture which standard includes the requirements that
such spark arrestor shall have an efficiency to retain or destroy at least 80
percent of carbon particles, for all flow
rates, and that such spark arrestor has
been warranted by its manufacturer as
meeting the above mentioned efficiency requirement for at least 1,000
hours, subject to normal use, with
maintenance and mounting in accordance with the manufacturers recommendations.
(f) The operation of a vehicle which
does not bear valid license plates and is
not properly certified, registered, or inspected in accordance with applicable
State laws is prohibited.
(g) Driving or permitting another
person to drive a vehicle without valid
license is prohibited. A valid driver’s or
operator’s license must be displayed
upon the request of any authorized official.
(h) Stopping, parking or leaving any
vehicle, whether attended or unattended, upon any road, trail, or fire
lane so as to obstruct the free movement of other vehicles is prohibited,
except in the event of accident or other
conditions beyond the immediate control of the operator, or as otherwise directed by an authorized official.
(i) All persons shall obey the lawful
order or signal of any authorized official directing, controlling, or regulating the movement of traffic.
(j) Load, weight and width limitations, as may be necessary, shall be
prescribed and the public advised under
provisions of § 25.31. Such limitations
must be complied with by the operators of all vehicles.
(k) A motor vehicle involved in an
accident is not to be moved until an
authorized official arrives at the scene
of the accident, unless such vehicle
constitutes a traffic or safety hazard.
(l) A motor vehicle shall not be operated at anytime without proper brakes
and brake lights, or from sunset to
sunrise without working headlights
and taillights which comply with the
regulations for operation on the roads
of the State within whose boundaries
the refuge is located.

(m) Such other requirements which
are established under the provisions of
this subchapter C.
§ 27.32 Boats.
(a) The use of boats in national wildlife refuges is prohibited except as may
be authorized under and subject to the
requirements set forth below.
(b) When the use of boats is permitted on any national wildlife refuge,
the public will be notified under the
provisions of this subchapter C and the
following operational requirements and
limitations will apply:
(1)(i) In addition to the regulations
contained in this part, the U.S. Coast
Guard Regulations, titles 33 and 46
CFR, are applicable on navigable waters of the United States.
(ii) Unless specifically covered by the
general and special regulations set
forth in this chapter, the laws and regulations of the State within whose exterior boundaries a national wildlife
refuge or portion thereof is located
shall govern boating and the operation
and use of boats. Such laws and regulations which are now or may hereafter
be in effect are hereby adopted and
made a part of the regulations in this
part.
(2) No operator or person in charge of
any boat shall operate or knowingly
permit any other person to operate a
boat in a reckless or negligent manner,
or in a manner so as to endanger or be
likely to endanger any person, property or wildlife.
(3) No person shall operate or be in
actual physical control of a boat while
under the influence of intoxicating
beverages or controlled substances.
(4) No person shall operate a boat in
a manner which will unreasonably
interfere with other boats or with free
and proper navigation of the waterways of the areas. Anchoring in heavily
traveled channels or main thoroughfares shall constitute such interference
if unreasonable in the prevailing circumstances.
(5) No person shall operate a boat on
refuge waters that has a marine head
(toilet) unless it conforms to Environmental Protection Agency regulations
regarding sewage discharge.
(6) Every sailboat when underway
from sunset to sunrise shall carry and

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U.S. Fish and Wildlife Serv., Interior

§ 27.51

exhibit a bright white light visible all
around the horizon for a distance of
two miles.
(7) Leaving any boat unattended, outside of designated mooring or beaching
areas, for a period in excess of 72 hours
without written permission of the refuge manager is prohibited and any boat
so left may be impounded by the refuge
manager.
(8) Government-owned docks, piers,
and floats are not to be used for loading and unloading of boats, except in
emergencies or unless specifically authorized by the refuge manager.
§ 27.33

Water skiing.

When water skiing is permitted upon
national wildlife refuge waters, the
public will be notified under the provisions of this subchapter C and the following requirements and limitations
will apply:
(a) Water skiing is permitted only
during daylight hours and during periods posted or otherwise designated
under the provisions of this subchapter
C.
(b) When a skier is in ‘‘tow’’ there
must be two persons in the boat at all
times, with one person not operating
the boat, acting as an observer of the
skier in tow.
(c) The direction of a tow boat when
circling will be counter clockwise.
(d) Skiers must wear U.S. Coast
Guard approved ski belts, life jackets
or buoyant vests.
(e) Water skiing is prohibited within
300 feet of harbors, swimming beaches,
and mooring areas, and within 100 feet
of any designated swimming area.
§ 27.34

Subpart D—Disturbing Violations:
With Weapons
§ 27.41

§ 27.42

Firearms.

Only the following persons may possess, use, or transport firearms on national wildlife refuges in accordance
with this section and applicable Federal and State law:
(a) Persons using firearms for public
hunting under the provisions of 50 CFR
part 32.
(b) Persons carrying unloaded firearms, that are dismantled or cased, in
vehicles and boats over routes of travel
designated under the provision of subchapter C.
(c) Persons authorized to use firearms for the taking of specimens of
wildlife for scientific purposes.
(d) Persons authorized by special regulations or permits to possess or use
firearms for the protection of property,
for field trials, and other special purposes.
[46 FR 47230, Sept. 25, 1981]

§ 27.43 Weapons other than firearms.
The use or possession of cross bows,
bows and arrows, air guns, spears, gigs,
or other weapons on national wildlife
refuges is prohibited except as may be
authorized under the provision of this
subchapter C.
[46 FR 47230, Sept. 25, 1981]

Subpart E—Disturbing Violations:
Against Plants and Animals

Aircraft.

The unauthorized operation of aircraft, including sail planes, and hang
gliders, at altitudes resulting in harassment of wildlife, or the unauthorized landing or take-off on a national
wildlife refuge, except in an emergency, is prohibited. National wildlife
refuge boundaries are designated on update FAA aeronautical charts.

General provisions.

Carrying, possessing, or discharging
firearms, fireworks, or explosives on
national wildlife refuges is prohibited
unless specifically authorized under
the provisions of this subchapter C.

§ 27.51 Disturbing, injuring, and damaging plants and animals.
(a) Disturbing, injuring, spearing,
poisoning, destroying, collecting or attempting to disturb, injure, spear, poison, destroy or collect any plant or
animal on any national wildlife refuge
is prohibited except by special permit

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§ 27.52

50 CFR Ch. I (10–1–01 Edition)

unless otherwise permitted under this
subchapter C.
(b) [Reserved]

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
or machinery or attempting to tamper

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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U.S. Fish and Wildlife Serv., Interior

§ 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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§ 27.95
§ 27.95

50 CFR Ch. I (10–1–01 Edition)
Subpart D—Impoundment Procedures

Fires.

On all national wildlife refuges persons are prohibited from the following:
(a) Setting on fire or causing to be
set on fire any timber, brush, grass, or
other inflammable material including
camp or cooking fires, except as authorized by the refuge manager or at
locations designated for that purpose
or as provided for under § 26.33(c) of this
subchapter C.
(b) Leaving a fire unattended or not
completely extinguished;
(c) Throwing a burning cigarette,
match, or other lighted substance from
any moving conveyance or throwing of
same in any place where it may start a
fire; and
(d) Smoking on any lands, including
roads, or in any buildings which have
been designated and/or posted with no
smoking signs.
§ 27.96

28.41
28.42
28.43

Impoundment of abandoned property.
Impounding of domestic animals.
Destruction of dogs and cats.

AUTHORITY: Sec. 2, 33 Stat. 614, as amended
(16 U.S.C. 685); sec. 5, 43 Stat. 651 (16 U.S.C.
725); sec. 5, 45 Stat. 449 (16 U.S.C. 690d); sec.
10, 45 Stat. 1224 (16 U.S.C. 715i); sec. 4, 48
Stat. 402, as amended (16 U.S.C. 664); sec. 2, 48
Stat. 1270 (43 U.S.C. 315a); sec. 4, 76 Stat. 654
(16 U.S.C. 460k); sec. 4, 80 Stat. 927 (16 U.S.C.
668dd) (5 U.S.C. 301).
SOURCE: 41 FR 9171, Mar. 3, 1976, unless otherwise noted.

Subpart A—Introduction
§ 28.11 Purpose of regulations.
The regulations in this part govern
the enforcement, penalty and procedural requirements for violations of
parts 25, 26, and 27.

Subpart B—Enforcement Authority

Advertising.

PART 28—ENFORCEMENT, PENALTY,
AND PROCEDURAL REQUIREMENTS FOR VIOLATIONS OF
PARTS 25, 26, AND 27

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

Subpart A—Introduction

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

Except as may be authorized, posting, distributing, or otherwise displaying private or public notices, advertisements, announcements, or displays of any kind in any national wildlife refuge, other than business designations on private vehicles or boats
is prohibited.
§ 27.97

Private operations.

Soliciting business or conducting a
commercial enterprise on any national
wildlife refuge is prohibited except as
may be authorized by special permit.

Sec.
28.11

Subpart C—Penalty Provisions

Purpose of regulations.

Subpart B—Enforcement Authority
28.21

General provisions.

Subpart C—Penalty Provisions
28.31 General penalty provisions.
28.32 Penalty provisions concerning fires
and timber.

§ 28.31 General penalty provisions.
(a) Any person who violates any of
the provisions, rules, regulations, posted signs, or special regulations of this
subchapter C, or any items, conditions
or restrictions in a permit, license,
grant, privilege, or any other limitation established under the subchapter

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